BCC Absentia 08-13-2013 Item #16E1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. FOR— tO 1J6J
* *NEW ** ROUTING SLIP
Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. Ifthe document is already complete with the
eynention ofthe. Chairman's signature a line through routine lines #1 through #2. complete the checklist, and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
C��
(Initial)
Applicable)
2.
8/13/13
Agenda Item Number
16E1
3. County Attorney Office
County Attorney Office
k'
4. County Manager's Office
Board of County\
Commissioners
Number of Original
4 each
5. Minutes and Records
Clerk of Court's Office
Documents Attached
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff for additional or missing information.
Name of Primary Staff
Christine Boni / Emergency Management
Phone Number
252 -3617
Contact / Department
C��
(Initial)
Applicable)
Agenda Date Item was
8/13/13
Agenda Item Number
16E1
Approved in Absentia
Does the document need to be sent to another agency for additional signatures? If yes,
k'
Type of Document
greement
Number of Original
4 each
Attached
ward Letter
Documents Attached
PO number or account
-691 0
C,6
Need all 4 originals
number if document is
by the Office of the County Attorney.
returned to me to send
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
to State.
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
1
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Does the document require the chairman's original signature.
2.
Does the document need to be sent to another agency for additional signatures? If yes,
k'
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
5
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
C,6
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
N lf� t,/'
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on t3 (enter date) and all changes made
��
P
during the meeting have been incorporated in the attached document. The County
t
Attorney's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
1
MEMORANDUM
Date: August 21, 2013
To: Christine Boni, Senior Admin. Assistant
Bureau of Emergency Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Award Letter and Agreement #EMW- 2012 -SS- 00109 -SO1
Attached for further processing are four (4) originals of the document referenced above,
Approved in Absentia by the County Manager on August 13, 2013 and will be ratified
on September 10, 2013 by the Board of County Commissioners.
After the agreements are sent for signature(s) and upon the State's return of a fully
executed document(s), please return an original copy to the Board Minutes and
Records Department for the Board's Official Record.
If you have any questions, please call 252 -8411.
Thank you.
Attachment (4)
0
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
RICK SCOTT
Governor
January 9, 2013
SUBGRANTEE: Collier County Emergency Management
ISSUE NUMBER PROJECT TITLE
11 Training
GRANT PERIOD: October 1, 2012 — June 30, 2014
FEDERAL GRANT NO: EMW- 2012 -SS- 00109 -S01
BRYAN W.KOON
Director
FINAL ALLOCATION
$14,200.00
AWARD TOTAL: $14,200.00
STATE GRANT NO: Provided Upon Execution
In accordance with the provisions of Federal Fiscal Year 2012 Homeland Security Grant
Program, the Florida Division of Emergency Management hereby awards to the foregoing
Sub - grantee a grant in the amount shown above.
Payment of Funds: The Award Letter must be signed by the Official Authorized to Sign in
the space below and the original returned to the Florida Division of Emergency
Management before execution of your agreement. The sub - grantee should not expend any
funds until they receive a fully executed agreement from the Florida Division of Emergency
Management and all Special Conditions are satisfied. Grant funds will be disbursed to sub -
grantees (according to the approved project budget) upon receipt of evidence that items
have been invoiced, deliverables have been received and that funds have been expended
(i.e., invoices, contracts, itemized expenses, canceled checks, etc.).
Supplantation: The Act requires that sub - grantees provide assurance that sub -grant
funds will not be used to supplant or replace local or state funds or other resources that
would otherwise have been available for homeland security activities. In compliance with
that mandate, I certify that the receipt of federal funds through Florida Division of
Emergency Management shall in no way supplant or replace state or local funds or other
resources that would have been made available for homeland security activities.
Conditions: I certify that I understand and agree that funds will only be expended for
those projects outlined in the funding amounts as individually listed above. I also
certify that I understand and agree to comply with the general and fiscal terms and
conditions of the grant including special conditions; to comply with provisions of the Act
governing these funds and all other federal laws; that all information is correct; that there
has been appropriate coordination with affected agencies; that I am duly authorized to
commit the applicant to these requirements; and that all agencies involved with this project
understand that all federal funds are limited to a twenty month (20) period.
FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER
5900 Lake Ellenor Drive 2555 Shumard Oak Boulevard 2702 Directors Row
Orlando, FL 32809 -4634 Tallahassee, FL 32399 -2100 Orlando, FL 32809 -5631
Tel: 850 - 413 -9969 - Fax: 850- 488 -1016
www.FloridaDisaster.ora
SPECIAL CONDITIONS
Article I — Financial Guidelines
1. The grantee and any sub - grantee shall comply with the most recent version of the
Administrative Requirements, Cost Principles, and Audit Requirements. A non - exclusive
list of regulations commonly applicable to DHS grants are listed below:
A. Administrative Requirements
1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other
Non - Profit Organizations (OMB Circular A -110)
3. 44 CFR Part 10, Environmental Considerations
B. Cost Principles
1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal
Governments (OMB Circular A -87)
2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular
A -21)
3. 2 CFR Part 230, Cost Principles for Non - Profit Organizations (OMB
Circular A -122)
4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with
Commercial Organizations
C. Audit Requirements
1. OMB Circular A -133, Audits of States, Local Governments, and Non - Profit
Organizations
Article II — Specific Acknowledgements and Assurances
All recipients of financial assistance must acknowledge and agree and require any sub -
recipients, contractors, successors, transferees, and assignees acknowledge and agree to
comply with applicable provisions governing DHS access to records, accounts, documents,
information, facilities, and staff.
1. Recipients must cooperate with any compliance review or complaint
investigation conducted by Florida Division of Emergency Management
and Department of Homeland Security.
2. Recipients must give Florida Division of Emergency Management and
Department of Homeland Security access to and the right to examine and
copy records, accounts, and other documents and sources of information
related to the grant and permit access to facilities, personnel, and other
individuals and information as may be necessary, as required by DHS
regulations and other applicable laws or programs guidance.
3. Recipients must submit timely, complete, and accurate reports to Florida
Division of Emergency Management and maintain appropriate back up
documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection,
and evaluation requirements, as prescribed by law or detailed program
guidance.
5. If, during the past three years, the recipient has been accused of
discrimination on the grounds of race, color, national origin (including
limited English proficiency), sex, age, disability, religion, or familial status,
the recipient must provide a list of all such proceedings, pending or
completed, including outcome and copies of settlement agreements to
Florida Division of Emergency Management and the DHS Office of Civil
Rights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of
discrimination on grounds of race, color, national origin (including limited
English proficiency), sex, age, disability, religion, or familial status against
the recipient, or the recipient settles a case or matter alleging such
discrimination, recipients must forward a copy of the compliant and
findings to Florida Division of Emergency Management which will then be
forwarded to DHS Component. The United States has the right to seek
judicial enforcement of these obligations.
Article III — Lobbying Prohibitions
None of the funds provided under an award may be expended by the recipient to pay any
person to influence, or attempt to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with any Federal action concerning the award or renewal of any
Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be
found at 31 U.S. C. 1352.
Article IV — Acknowledge of Federal Funding from DHS
The recipient agrees that all allocations and use of funds under this grant will be in
accordance with the FY 2012 Homeland Security Grant Program (HSGP) guidance and
application kit. Also recipients will comply to acknowledge Federal funding when issuing
statements, press releases, request for proposals, bid invitations, and other documents
describing projects or programs funded in whole or in part with Federal funds.
Article V — Financial Reports (FDEM Form 1 & 2) Required Quarterly
The recipient shall submit the Financial Report (FDEM Form 1 & 2) within 30 days of the
end of the first Federal quarter covering the grant period of performance. The recipient
shall submit quarterly reports thereafter until the grant ends and final payment is received.
Reports are due on January 31, April 30, July 31 and October 30. A report must be
submitted for every quarter of the period of performance, including partial calendar
quarters, as well as for periods where no grant activity occurs. Future reimbursement
requests may be withheld if these reports are delinquent. The Close -Out Report (FDEM
Form 5) is due within sixty (60) days after the end date of the performance period.
Article VI — Copyright
Recipients will comply with requirements that publications or other exercise copyright for
any work first produced under Federal financial assistance awards hereto related unless
the work includes any information that is otherwise controlled by the Government (e.g.,
classified information or other information subject to national security or export control laws
or regulations). For any scientific, technical, or other copyright work based on or containing
first data produces under this award, including those works published in academic,
technical or professional journals, symposia proceedings, or similar works, the recipient
grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce,
display, distribute copies, perform, disseminate, or prepare derivative works and to
authorize others to do so, for Government purposes in all such copyrighted works. The
recipient shall affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an
acknowledge of Government sponsorship (including award number) to any work first
produced under an award.
Article VII — Use of DHS Seal, Logo and Flags
Recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United
States Coast Guard seal, logo, crests or reproductions of flags or likeness of Coast Guard
officials.
Article VIII — Activities Conducted Abroad
Recipients will comply with requirements that project activities carried on outside the United
States are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
Article IX — Fly America Act of 1974
Recipients will comply with the requirements of the Preference for U.S. Flag Air Carriers:
Travel supported by U.S. Government funds requirement, which states preference for the
use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. 41102) for
international air transportation of people and properly to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive Practices
Act of 1974 (49 U.S.C. 40118) and the interpretative guidelines issued by the Comptroller
General of the united States in the March 31, 1981, amendment to Comptroller General
Decision 8138942.
Article X — GPD — Drug -Free Workplace Regulations
Recipients will comply with the requirements of the Drug -Free Workplace Act of 1988 (41
U.S.0 707 et seq.), which requires that all organizations receiving grants from any Federal
agency agree to maintain a drug -free workplace. The recipient must notify the awarding
office if an employee of the recipient is convicted of violating a criminal drug statue. Failure
to comply with these requirements may be cause for debarment. These regulations are
codified at 2 CFR 3001.
Article XI — Trafficking Victims Protection Act of 2000
Recipients will comply with requirements of the government -wide term which implements
Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22
U.S.C. 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB
Interim in Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In
accordance with the statutory requirement, in each agency award under which the funding
is provided to a private entity, Section 106(g) of the TVPA, as amended, required the
agency to include a condition that authorizes the agency to terminate the award, without
penalty, if the recipient or a sub - recipient — (a) Engages in severe forms of trafficking in
persons during the period of time that the award is in effect; (b) Procures a commercial sex
act during the period of time the award is in effect; or (c) Uses forced labor in the
performance of the award or sub - awards under the award. Full text of the award term is
provided at 2 CFR 175.15.
Article XII — Civil Rights Act of 1964
Recipients will comply with the requirements of the title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.), which provides that no person in the United States will, on the
grounds of race, color, or national origin, be excluded from participation, in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance.
Article XIII — Civil Rights Act of 1968
Recipients will comply with the requirements of Titles VII of the Civil Rights Act, which
prohibits recipients from discriminating in the sale, rental, financing, and advertising of
dwelling, or in the provision of services in connection therewith, on the basis of race, color,
national origin, religion, disability, familial status, and sex (42 U.S.C. 3601 et seq.), as
implemented by the Department of Housing and Urban Development at 24 CFR Part 100.
The prohibition on disability discrimination includes the requirement that new multifamily
housing with four or more dwelling units i.e., the public and common use areas and
individual apartment units (all units in buildings with elevators and ground floor units in
buildings without elevators) be designed and constructed with certain accessible features
(see 24 CFR 100.201).
Article XIV — American with Disabilities Act of 1990
Recipients will comply with the requirements of Titles I, II, III of the Americans with
Disabilities Act, which prohibits recipients from discriminating on the basis of disability in
the operation of the public entities, public and private transportation systems, places of the
public accommodation, and certain testing entities (42 U.S.C. 12101 - 12213).
Article XV — Age Discrimination Act of 1975
Recipients will comply the requirements of the Age discrimination Act of 1975 (42 U.S.C.
6101 et seq.), which prohibits discrimination on the basis of age in any program or activity
receiving Federal financial assistance.
Article XVI — Title IX of the Education Amendments of 1972
Recipients will comply with the requirements Title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.) which provides that no person in the United States will, on the
basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving Federal financial
assistance. These regulations are codified at 44 CFR Part 19.
Article XVII — Rehabilitation Act of 1973
Recipients will comply with the requirements of Section 504 of the Rehabilitation Act of
1973, 29 U.S.C. 794, as amended, which provides that no otherwise qualified handicapped
individual in the United States will, solely by reason of the handicap, be excluded from
participation in, be denied the benefits of, or be subjected to the discrimination under any
program or activity receiving Federal financial assistance. These requirements pertain to
the provision of benefits or services as well as to employment.
Article XVIII — Limited English Proficiency
Recipients will comply with the requirements of Executive Order 13166, Improving Access
to Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin and resulting agency guidance, national origin discrimination includes
discrimination on the basis of limited English proficiency (LEP). To ensure compliance with
title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful
access to your programs. Meaningful access may entail providing language assistance
services, including oral and written translation, where necessary. Recipients are
encouraged to consider the need for language services for LEP persons served or
encounters both in developing budgets and in conducting programs and activities. For
assistance and information regarding LEP obligations, go to http: / /www.lep.gov.
Article XIX — Animal Welfare Act of 1966
Recipients will comply with the requirements of the Animal Welfare Act, as amended (7
U.S.C. 2131 et seq.), which requires that minimum standards of care and treatment be
provided for vertebrate animals bred for commercial sale, used in research, transported for
commercial sale, or exhibited t the public. Recipients must establish appropriate policies
and procedures for the humane care and use of animals based on the Guide for the Care
and Use of Laboratory Animals and comply with the Public Health Service Policy and
Government Principles Regarding the Care and Use of Animals.
Article XX — Clean Air Act of 1970 and Clean Air Act of 1977
Recipients will comply with the requirements of 42 U.S.C. 7401 et seq. and Executive
Order 11738, which provides for the protection and enhancement of the quality of the
nation's air resources to promote public health and welfare and for restoring and maintain
the chemical, physical, and biological integrity of the nation's waters is considered research
for other purposes.
Article XXI — Protection of Human Subjects
Recipients will comply with requirements of the Federal regulations at 45 CFR Part 46,
which requires recipients to comply with the applicable provisions /law for protection of
human subjects for purposes of research. Recipients must also comply with the
requirements of DHS Management Directive 026 -04, Protection of Human Subjects, prior to
implementing any work with human subjects. For purposes of 45 CFR Part 46, research
means a systematic investigation, including research, development, testing, and evaluation,
designed to develop or contribute to general knowledge. Activities that meet this definition
constitutes research for purposes of this policy, whether or not they are conducted or
supported under a program that is considered research for other purposes. The
regulations specify additional protections for research involving human fetuses, pregnant
women, and neonates (Subpart B): prisoners (Subpart C); and children (Subpart D). The
use of autopsy materials is governed by applicable state and local law and is not directly
regulated by 45 CFR Part 46.
Article XXII — National Environmental Policy Act (NEPA)
Recipients will comply with the requirements of the National Environmental Policy Act
(NEPA), as amended, 42 U.S.C. 4331 et seq., which establishes national policy goals and
procedures to protect and enhance the environment, including protection against natural
disasters. To comply with NEPA for its grant- supports activities, DHS requires the
environmental aspects of the construction grants (and certain non - construction projects as
specified by the Component and Florida Division of Emergency Management) to be
reviewed and evaluated before final action on the application.
Article XXIII — National Flood Insurance Act of 1968
Recipients will comply with the requirements of Section 1306(c) of the National Flood
Insurance Act, as amended, which provided for benefit payments under the Standard Flood
Insurance Policy for demolition or relocation of a structure insured under the Act that is
located along the shore of a lake or other body of water and that is certified by an
appropriate State or local land use authority to be subject to imminent collapse or
subsidence as a result of erosion or undermining caused by waved exceeding anticipated
cyclical levels. These regulations are codified at 44 CFR Part 663.
Article XXIV — Flood Disaster Protection Act of 1973
Recipients will comply with the requirements of the Flood Disaster Act of 1973, as
amended (42 U.S.C. 4001 et seq.), which provides that no Federal financial assistance to
acquire, modernize, or construct property may be provided in identified flood -prone
communities in the United Stated, unless the community participates in the National Flood
Insurance Program and flood insurance is purchases within one year of the identification.
The flood insurance purchase requirement applies to both public and private applicants for
DHS support. Lists of flood prone areas that are eligible for flood insurance are published
in the Federal Registry by FEMA.
Article XXV — Coastal Wetlands Planning, Protection, and Restoration Act of 1990
Recipients will comply with the requirements of Executive Order 1190, which provides that
federally funded construction and improvements minimize the destruction, loss or
degradation of wetlands. The Executive Order provides that, in furtherance of Section
101(b)(3) of NEPA (42 U.S.C. 4331(b)(3)), Federal agencies, to the extent permitted by
law, must avoid undertaking or assisting with new construction located in wetlands unless
the head of the agency finds that there is no practicable alternative to such construction,
and that the proposed action includes all practicable measures to minimize harm to
wetlands that may result from such use. In making this finding, the head of the agency may
take into account economic, environmental, and other pertinent factors. The public
disclosure requirement described above also pertains to early public review of any plans or
proposals for new construction in wetlands. This is codified at 44CFR Part 9.
Article XXVI — USA Patriot Act of 2001
Recipients will comply with the requirements of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA
PATRIOT Act), which amends 18 U.S.C. 175 -175c. Among other things, it prescribes
criminal penalties for possession of any biological agent, toxin, or delivery system of a type
or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide
research, or other peaceful purpose. The act also establishes restrictions on access to
specified materials. "Restricted persons," as defined by the act, may not possess, ship,
transport, or receive any biological agent or toxin that is listed as a select agent.
Article XXVII — Summary Description of Project
The FY 2012 Homeland Security Grant Program (HSGP) funding plays an important role in
the implementation of Presidential Policy Directive — 8 (PPD -8) by supporting the
development and sustainment of core capabilities to fulfill the National Preparedness Goal
(NPG). HSGP funding shall be used for costs related to the planning, organization,
equipment, training, and exercise needs that prevent, protect against, mitigate, respond to
and recover from acts of terrorism and other catastrophic events.
ACCEPTANCE FOR THE SUBGRANTEE:
Approved in absentia per Resolution
Leo E. Ochs, Jr., CouAfy M pager
for Georgia A. Hiller, Esq., Chairwoman
a� 113
Date
ATTEST: Dwight E. Brock, Clerk
By:
2000 -149
Signature of State
Administrative Agency
Date
Approved as to Form and Legality
Assistant County Attorney
Contract Number: 13 DS-97-09-2 1 -0 1 -
CFDA #97.067
FEDERALLY - FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division "), and Collier County Emergency
Management, (hereinafter referred to as the "Recipient ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant
these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties or October 1, 2012, whichever is
later, and shall end April 30, 2014, unless terminated earlier in accordance with the provisions of Paragraph (12) of
this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are
agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this
Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
OMB Circular No. A -102, "Common Rule: Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A -110, "Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State, Local and Indian
Tribal Governments," OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No.
A -122, "Cost Principles for Non - profit Organizations."
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure
that audit working papers are available to them upon request for a period of five years from the date the audit report
is issued, unless extended in writing by the Division. The five year period may be extended for the following
exceptions:
1. If any litigation, claim or audit is started before the five year period expires, and
extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings
involving the records have been resolved.
2. Records for the disposition of non - expendable personal property valued at $5,000 or
more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a
form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work -
Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid
from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance
with generally accepted accounting principles, to account for the receipt and expenditure of funds under this
Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Division. "Reasonable" shall ordinarily mean normal business
hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with the records, reports or financial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non - profit organization as defined in OMB
Circular A -133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program - specific audit conducted in accordance with the provisions
of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through
the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall
consider all sources of Federal awards, including Federal resources received from the Division. The determination
of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An
audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133,
as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill
the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
if the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient
expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non -
Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-
133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A -133,
as revised, by or on behalf of the Recipient to:
The Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission
online at
http: // harvester. census.gov /fac /collect/ddeindex html
and to any other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB
Circular A -133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Recipient shall send a copy
of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter
issued by the auditor, to the Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Division pursuant to this Agreement in accordance with OMB Circular A -133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the
Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipient
when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A-
133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the
Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance
with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all
funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after
the Division has notified the Recipient of such non - compliance.
0) The Recipient shall have all audits completed by an independent certified public accountant
(IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shall state that the audit complied with the applicable provisions noted above. The audit must be received by the
Division no later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close -out report. These
reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition
to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of
the program year and shall be sent each quarter until submission of the administrative close -out report. The ending
dates for each quarter of the program year are March 31, June 30, September 30 and December 31.
(c) The close -out report is due 60 days after termination of this Agreement or 60 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a manner
acceptable to the Division, the Division may withhold further payments until they are completed or may take other
action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was
completed in accordance with the Budget and Scope of Work.
by the Division.
(e) The Recipient shall provide additional program updates or information that may be required
(f) The Recipient shall provide additional reports and information.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors
and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being
met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and
4
other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to
this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures
may include, but not be limited to, on -site visits by Division staff, limited scope audits, and/or other procedures.
The Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the
Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such
audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits
deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor
the performance and financial management by the Recipient throughout the contract term to ensure timely
completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., and
the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold
the Division harmless against all claims of whatever nature by third parties arising from the work performance under
this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the
Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.,
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth
in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient
to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision
of the State of Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ( "Events of Default "), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to
exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial
payments after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division
and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during
the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date
written notice is sent by the Division.
5
(c) If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations under this
Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days written notice to
the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the
following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior
written notice of the termination. The notice shall be effective when placed in the United States, first class mail,
postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. Request additional information from the Recipient to determine the reasons for or the
extent of non - compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. Advise the Recipient to suspend, discontinue or refrain from incurring costs for any
activities in question or
4. Require the Recipient to reimburse the Division for the amount of costs incurred for
any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right
or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other
default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
0
(b) The Division may terminate this Agreement for convenience or when it determines, in its sole
discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar day's prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state the effective date of the termination and the
procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for
the terminated portion of the Agreement after the Recipient has received the notification of termination. The
Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination
notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of
Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient
for the purpose of set -off until the exact amount of damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address
below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Carolyn Washington, Community Assistance Consultant
EOG /Division of Emergency Management
Directors Office, Domestic Security Preparedness
Telephone: (850) 410 -1271
Fax: (850) 922 -8689
Email: Carolyn.washington(rtem m lorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan E. Summers
Collier County Emergency Management
8075 Lely Cultural Pkwy, Suite 445
Naples, FL 34113
239 - 252 -3621
danswnmers;urcolliergov.net
Also copy: christineboni @colliergov.net
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be provided as
outlined in (13)(a) above.
7
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The
Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii)
the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall
hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall
document in the quarterly report the subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether that
subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A
— Budget and Scope of Work
Attachment B
— Program Statutes, Regulations and Special Conditions
Attachment C
— Justification of Advances
Attachment D
— Warranties and Representations
Attachment E —
Certification Regarding Debarment
Attachment F —
Statement of Assurances
Attachment G —
Reimbursement Checklist
(17) FUNDING /CONSIDERATION
(a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred
in the satisfactory performance of work hereunder in an amount not to exceed $14,200, subject to the availability of
funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and
is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this
Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within
the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject
to federal OMB Circulars A -87, A -I 10, A -122 and the Cash Management Improvement Act of 1990. All advances
are required to be held in an interest- bearing account. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment
8
C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed.
The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this
Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting documentation
for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an
authorized representative of the Recipient certifying that "all disbursements made in accordance with conditions of
the Division agreement and payment is due and has not been previously requested for these amounts." The
supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost
Principles. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement.
An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the
Division contract manager as part of the Recipient's quarterly reporting as referenced in Paragraph 7 of this
Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United States
Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph
(19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall
terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to the order of
"Division of Emergency Management" and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399 -2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection,
Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft,
whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or
response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of
said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or
any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause
the termination of this Agreement and the release of the Division from all its obligations to the Recipient.
N
(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) This Agreement may be executed in any number of counterparts, any one of which may be
taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of
disability in employment, public accommodations, transportation, State and local government services, and
telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may
not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being
placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds
under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five -year period preceding this proposal been convicted of or had a
civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of
federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification;
and
4. have not within a five -year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default.
1
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall
attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion"
(Attachment E) for each intended subcontractor which Recipient plans to fund under this Agreement. The
form must be received by the Division before the Recipient enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216,
Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
0) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to
allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla.
Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,
any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the
contract amount.
(m) The State of Florida will not intentionally award publicly- funded contracts to any contractor
who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The
Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of
the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA
shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla.
Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
(o) All unmanufactured and manufactured articles, materials and supplies which are acquired for
public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a,
unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL,
"Disclosure of Lobbying Activities."
3. The Recipient shall require that this certification be included in the award documents
for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre- existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
invention to the Division for a determination whether the State of Florida will seek patent protection in its name.
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Division. Any copyrights accruing under or in connection with the performance under this Agreement are
transferred by the Recipient to the State of Florida.
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(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property
which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under
Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and
that it's governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies
that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment F.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
Recipient: COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Leo Ochs, Jr., County Man, r for GBorgia A. Hiller, Esq., Chairwoman
Date: /3 //3
Approv�in absentia per Resolution 2000 -149
FEID# 59- 60000558
ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGALITY
aim
Deputy Clerk
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
In
Name and Title: Bryan Koon, Director
Date:
Assistant County Atto y
13
EXHIBIT — 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the same
information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: Department of Homeland Security -State Homeland Security Grant Progam(SHSGP)
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $14,200
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements asfollows:
1. First applicable compliance requirement (e.g., what activities /services /purposes the federal resources must
be used for): _ Recipient is to use funding to perform the following eligible activities as identified in the United
States Department of Homeland Security, Federal Emergency Management Agency, National Preparedness
Directorate Fiscal Year 2012 -13 State Homeland Security Grant Program (SHSGP), consistent with the Department
of Homeland Security State Strategy.
2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources:
Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will
be in violation of the terms of the Agreement.
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5) (a), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit I be provided to the Recipient.
14
Attachment A Budget and
Scope of Work
Proposed Program Budget
,l Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the
1 "Proposed Program Budget" as a guide for completing the `Budget Detail Worksheet" below.
The equipment category will require a "Detailed Budget Worksheet" including the proposed equipment to be purchased and the
corresponding Authorized Equipment List (AEL) reference number. The AEL can be found at rkh.us.
The transfer of funds between the categories listed in the "Proposed Program Budget" is permitted. However, the transfer of funds
between Issues is strictly prohibited.
q: At the discretion of the Recipient, funds allocated to Management and Administration costs (as described in the "Proposed Program
Budget ") may be put towards Programmatic costs instead. However, no more than 3% of each Recipients' total award may be
expended on Management and Administration costs.
15
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as described in the
"Proposed Program Budget ".
If any changes need to be made to the "Budget Detail Worksheet ", after the execution of this agreement, contact the grant manager listed in this
agreement via email or letter.
16
Developing, Delivering, and Evaluating Training
Overtime and backfill for emergency preparedness and response personnel
attending FEMA - sponsored and approved training classes.
Overtime and backfill expenses for part-time and volunteer emergency
response personnel participating in FEMA training.
Training Workshops and Conferences
Activities to achieve training inclusive of people with disabilities
Full or Part -Time Staff or Contractors/Consultants
1 +1
9,200 +3,000
$12,200
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Certification/Recertification of Instructors
Travel
1
1,500
$1,500
11
Supplies
1
500
$500
11
Tuition for higher education
Other items
A complete list of FEMA approved courses may be found at %N qjp a doj g e/ F Lit 1ldq�sil aigi¢le E �deral c��nu cs. f
° �r
�i�1�r•
",. ��y r
Hiring of full -time or part -time staff or contractors/consultants:
y To assist with the management of the respective grant program
l 1 To assist with application requirements of the grant program
.J. To assist with the compliancy with reporting and data collection as
it may relate to the grant program
Development of operating plans for information collection and processing
necessary to respond to DHS/ODP data calls.
Costs associate with achieving emergency management that is inclusive of
the access and functional needs of workers and citizens with disabilities.
16
Overtime and backfill costs — Overtime expenses are defined as the result of
personnel who worked over and above their normal scheduled daily or weekly
worked time in the performance of FEMA — approved activities. Backfill Costs
also called "Overtime as Backfill" are defined as expenses from the result of
personnel who are working overtime in order to perform the duties of other
personnel who are temporarily assigned to FEMA — approved activities outside
their core responsibilities. Neither overtime nor backfill expenses are the result
of an increase of Full — Time Equivalent (FTEs) employees. These costs are
allowed only to the extent the payment for such services is in accordance with
the policies of the state or unit(s) of local government and has the approval of
the state or the awarding agency, whichever is applicable. In no case is dual
compensation allowable. That is, an employee of a unit of government may not
receive compensation from their unit or agency of government AND from an
award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such
work may benefit both activities. Fringe benefits on overtime hours are limited
to Federal Insurance Contributions Act (FICA), Workers' Compensation and
Unemployment Compensation.
Travel expenses
Meeting- related expenses (For a complete list of allowable meeting - related
expenses, please review the OJP Financial Guide at
http:;hv��w.�jp.us lnj.�ov /finGuide).
Acquisition of authorized office equipment, including personal computers,
laptop computers, printers, LCD projectors, and other equipment or software
which may be required to support the implementation of the homeland security
strategy.
The following are allowable only within the contract period:
1 Recurring fees/charges associated with certain equipment, such as cell
phones, faxes, etc.
d. Leasing and/or renting of space for newly hired personnel to administer
programs within the grant program.
$14,200
TOTAL
17
B. Scope of Work
Funding is provided to perform eligible activities as identified in the Domestic Homeland Security — Federal Emergency Management Agency
National Preparedness Directorate Fiscal Year 2012 State Homeland Security Grant Program (SHSGP), consistent with the Department of
Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below:
Issue and Project Description
Issue 11— Local Planning, Training and Exercise: This project will allow counties to execute a training plan that will test the
knowledge, skills and abilities of personnel, organizations and the public /private partnerships and ensure that personnel involved in
Emergency Operation Center operations /on -site incident management have and continue to receive appropriate training to fulfill their
role as required by the National Response Framework.
11. Categories and Eligible Activities
FY2012 allowable costs are divided into the following categories: planning, training, exercises, management and administration
cost are allowable cost. Each category's allowable costs have been listed in the "Budget Detail Worksheet" above.
A. Planning
Developing hazard /threat- specific annexes that incorporate the range of prevention, protection, response, and recovery
activities.
Developing and implementing homeland security support programs and adopting DFIS national initiatives including but not
limited to the following:
• Implementing the National Preparedness Guidelines(NPG) and the Whole community approach to Security and
Emergency Management
• Pre -event recovery planning
• Implementing the National Infrastructure Protection Plan (NIPP)and associated Sector Specific Plans
• Enhancing and implementing Statewide Communication Interoperability Plans (SLIP) and Tactical Interoperable
Communications Plans (TICP) that align with the goals, objectives, and initiatives ofthe National Emergency
Communications Plan (NECP)
• Costs associated with the adoption, implementation, and adherence to NIMS compliance requirements, including
implementing the NIMS National Credentialing Framework
• Modifying existing incident management and EOPs to ensure proper alignment with the National Response Framework
(NRF) coordinating structures, processes, and protocols
• Establishing or enhancing mutual aid agreements
• Developing communications and interoperability protocols and solutions
• Conducting local, regional, and tribal program implementation meetings
• Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIMS
Integration Center (NIC)
• Designing State and local geospatial data systems
• Developing and conducting public education and outreach campaigns, including promoting individual, family, and
organizational emergency preparedness; alerts and warnings education; promoting training, exercise, and volunteer
opportunities; informing the public about emergency plans, evacuation routes as well as CBRNE prevention awareness
• Designing programs to address targeting at -risk populations and engaging them in emergency management planning efforts
• Activities, materials, service, tools and equipment to achieve planning, protection, mitigation, response and recovery that is
inclusive of people with disabilities (physical, programmatic and communications access for people with physical, sensory,
mental health, intellectual and cognitive disabilities)
• Preparing materials for State Preparedness Reports (SPRs)
• WHTI implementation activities including the issuance of WHTI - compliant tribal identification cards
Developing related terrorism prevention activities including:
• Developing THIRA that reflects a representative make up and composition of jurisdiction
• Developing initiatives that directly support local efforts to understand, recognize, prepare for, prevent, mitigate, and
respond to pre - operational activity and other crimes that are precursors or indicators of terrorist activity, in accordance with
civil rights/civil liberties protections
• Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center
• Hiring an IT specialist to plan, develop, and implement the IT applications necessary for a fusion center
• Developing and planning for information/intelligence sharing groups
• Integrating and coordinating fire service, emergency management, public health care, public safety, and health security
data - gathering (threats to human and animal health) within State and Major Urban Area fusion centers to achieve early
warning and mitigation of health events
• Integrating and coordinating private sector participation with fusion center activities
18
• Acquiring systems allowing connectivity to State, local, tribal, territorial, and Federal data networks, such as the National
Crime Information Center (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate
• Planning to enhance security during heightened alerts, terrorist incidents, and/or during mitigation and recovery
• Multi- discipline preparation across first responder community, including EMS for response to catastrophic events and acts
of terrorism
• Accessible public information/education: printed and electronic materials, public service announcements, seminars /to%vn
hall meetings, and web postings coordinated through local Citizen Corps Councils or their equivalent
• Conducting public education campaigns including promoting suspicious activity reporting and preparedness; individual,
family, and organizational emergency preparedness; promoting the Ready campaign; and /or creating State, regional, or
local emergency preparedness efforts that build upon the Ready campaign
• Evaluating Critical Infrastructure Protection (CIP) security equipment and /or personnel requirements to protect and secure
sites
• CIP cost assessments, including resources (e.g., financial, personnel) required for security enhancements /deployments
• Multi- Jurisdiction Bombing Prevention Plans (MJBPP)
• Underwater Terrorist Protection Plans
Developing and enhancing plans and protocols, including but not limited to:
• Community -based planning to advance "whole community' security and emergency management
• Incorporating government/non- governmental collaboration, citizen preparedness, and volunteer participation into State and
local government homeland strategies, policies, guidance, plans, and evaluations
• Developing, enhancing, maintaining a current EDP that conforms to the guidelines outlined in the CPG 101 v.2
• Developing or enhancing local, regional, or Statewide strategic or tactical interoperable emergency communications plans
• Activities associated with a conversion from wideband to narrowband voice channels to support interoperability
• Implementing Statewide Communications Interoperability Plan (SCIP) and " Factical Interoperable Communications Plans
(TICPs) that align with the goals, objectives, and initiatives of the National Emergency Communications Plan (NECP)
• Developing protocols or standard operating procedures for specialized teams to incorporate the use of equipment acquired
through this grant program
• Developing terrorism prevention/protection plans
• Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and
implementation of State or Urban Area Homeland Security Strategies
• Developing plans for mass evacuation and pre - positioning equipment
• Developing or enhancing plans for responding to mass casualty incidents caused by any hazards
• Developing or enhancing applicable procedures and operational guides to implement the response actions within the local
plan including patient tracking that addresses identifying and tracking children, access and functional needs population,
and the elderly and keeping families intact where possible
• Developing or enhancing border security plans
• Developing or enhancing cyber security and risk mitigation plans
• Developing or enhancing secondary health screening protocols at major points of entry (e.g., air, rail, port)
• Developing or enhancing cyber risk mitigation plans
• Developing or enhancing agriculture /food security risk mitigation, response, and recovery plans
• Developing public /private sector partnership emergency response, assessment, and resource sharing plans
• Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sector/non-
governmental entities working to meet the human service response and recovery needs of survivors
• Developing or updating local or regional communications plans
• Developing plans to support and assist jurisdictions, such as port authorities and rail and mass transit agencies
• Developing or enhancing continuity of operations and continuity of government plans
• Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets
provided under the NRF
• Developing plans and response procedures for validating and responding to an alarm from a chemical or biological detector
(response procedures should include emergency response procedures integrating local first responders)
• Developing or enhancing evacuation plans
• Developing mechanisms for utilizing the National Emergency Family Registry and Locator System (NEFRLS)
• Developing or enhancing plans to prepare for surge capacity of volunteers
• Developing or enhancing the State emergency medical services systems
• Developing or enhancing plans for donations and volunteer management and the engagement/integration of private
sector /non - govemmental entities in preparedness, response, and recovery activities
• Developing or enhancing Bombing Prevention Plans
• Developing school preparedness plans
• Developing preparedness plans for child congregate care facilities, including group residential facilities, juvenile detention
facilities, and public /private child care facilities
• Ensuring jurisdiction EOPs adequately address warnings, emergency public information, evacuation, sheltering, mass care,
resource management from non - governmental sources, unaffiliated volunteer and donations management, and volunteer
resource integration to support each Emergency Support Function, to include appropriate considerations for integrating
activities, materials, services, tools and equipment to achieve planning inclusive of people with disabilities (physical,
programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive
disabilities). Developing and implementing civil rights, civil liberties, and privacy policies, procedures, and protocols
Designing and developing State, local, tribal, and territorial geospatial data systems
Developing and implementing statewide electronic patient care reporting systems compliant with the National Emergency
Medical Services Information System (NEMSIS)
Costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide
full access for children and adults with disabilities
Developing or conducting assessments, including but not limited to:
• Developing pre -event recovery plans
• Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans
• Conducting or updating interoperable emergency communications capabilities assessments at the local, regional, or
Statewide level
• Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas
• Updating and refining threat matrices
• Conducting cyber risk and vulnerability assessments
• Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to
identify critical gaps that cannot be met by existing local and State resources
• Conducting Bombing Prevention Capability Analysis
• Activities that directly support the identification of specific catastrophic incident priority response and recovery projected
needs across disciplines (e.g., law enforcement, fire, EMS, public health, behavioral health, public works, agriculture,
information technology, and citizen preparedness)
• Activities that directly support the identification of pre - designated temporary housing sites
• Conducting community assessments, surveys, and research of vulnerabilities and resource needs, to determine how to meet
needs and build effective and tailored strategies for educating individuals conducting assessments of the extent to which
compliance with the integration mandate of disability laws is being achieved
• Soft target security planning (e.g., public gatherings)
Identify resources for medical supplies necessary to support children during an emergency, including pharmaceuticals and
pediatric -sized equipment on which first responders and medical providers are trained
Ensuring subject matter experts, durable medical equipment, consumable medical supplies and other resources
required to assist children and adults with disabilities to maintain health, safety and usual level of independence in general
population environments
Developing and implementing a community preparedness strategy for the State /local jurisdiction
Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that support disaster
preparedness strategy for the State/local jurisdiction
• Citizen support for emergency responders is critical through year -round volunteer programs and as surge capacity in
disaster response, including but not limited to: citizen Corps Affiliate Programs and Organizations, Community Emergency
Response Team (CERT), Fire Corps, Medical Reserve Corps (MRC), Neighborhood Watch/UASonWatch, volunteers in
Police Service (VIPS), and jurisdiction specific volunteer efforts
Establishing and sustaining Citizen Corps Councils or their equivalent
Working with youth- serving organizations to develop and sustain a youth preparedness program
Training
Allowable training - related costs include, but are not limited to, the following:
Developing, Delivering, and Evaluating Training — Includes costs related to administering the training, planning,
scheduling, facilities, materials and supplies, reproduction of materials, disability accommodations and equipment.
Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in
these skills. Any training gaps, including those for children and individuals with disabilities or access and functional
needs is allowable (e.g., sign language interpreters, communication Access Realtime Translation [CART] and other
modifications of policies and practices to fully include participants with disabilities). Stakeholders are also
encouraged to leverage existing training provided via educational/professional facilities and to incorporate non-
traditional methodologies such as the intemet, distance learning, or home study whenever such delivery supports
training objectives. Pilot courses and innovative approaches to training citizens and instructors are encouraged.
Training that promotes individual, family, or community safety and preparedness is encouraged, including: all -
hazards safety training such as emergency preparedness, basic first aid, life saving skills, crime prevention and
20
terrorism awareness, school preparedness, public health issues, mitigation/property damage prevention, safety in the
home, light search and rescue skills, principles of NIMS /ICS, volunteer management and volunteer activities, serving
and integrating people with disabilities, pet care preparedness, CPR/AED training, identity theft workshops, terrorism
awareness seminars, and disability- inclusive community preparedness conferences. The delivery of the CERT Basic
Training Course and supplement training for CERT members who have completed the basic training, the CERT
Train - the - Trainer Course, and the CERT Program Manager Course are strongly encouraged.
• Overtime and Backfill —The entire amount of overtime costs, including payments related to backfilling personnel,
which are the direct result of attendance at FEMA and/or approved training courses and programs, are allowable.
These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State
or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In
no case is dual compensation allowable. That is, an employee of a unit of govemment 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 — Costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel
status for official business related to approved training.
• Hiring of Full or Part -Time Staff or Contractors /Consultants— Payment of salaries and fringe benefits to full or
part-time staff or contractors /consultants must be in accordance with the policies of the State or unit(s) of local
government and have the approval of the State or awarding agency, whichever is applicable. Such costs must be
included within the funding allowed for program management personnel expenses. In no case is dual compensation
allowable.
• Certification/Recertification of Instructors — States are encouraged to follow the NTE Instructor Quality Assurance
Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This
is particularly important for those courses that involve training of trainers. This information is contained in
Information Bulletin #193, issued October 20, 2005. Additional information can be obtained at
hiip: / /wwtirfema.goi /good guidance/doirn1oad,'101 46.
• Other Items — These costs include the rental of equipment and other expenses used specifically for exercises, costs
associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full
access for children and adults with disabilities.
Unauthorized training - related costs include:
4. Reimbursement for the maintenance and /or wear and tear costs of general use vehicles (e.g., construction
vehicles) medical supplies, and emergency response apparatus (e.g., fire trucks, ambulances).
1 Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g.,
electronic messaging signs).
1 The purchase of food is not permissible under this grant, subject to prior approval of the Department of
Financial Services, explicitly authorized by 2 CFR, Part 225, Appendix B. While this is an allowable purchase
by DHS, please note that FDEM adheres to Florida Statues, which are more stringent than federal guidance.
Such expenditures are restricted to the rates specified for Class C meals in Section 112.061, Florida Statutes.
C. Exercises
Allowable exercise - related costs include:
• Funds Used to Design, Develop, Conduct, and Evaluate an Exercise— Includes costs related to planning, meeting
space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Grantees are
encouraged to use government or free public space /locations/facilities, whenever available, prior to the rental of
space /locations /facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well
as to identify any gaps in these skills. Any exercise or exercise gaps, including those for children and individuals
with disabilities or access and functional needs, should he identified in the AARAP and addressed in the exercise
cycle.
• Hiring of Full or Part -Time Staff or Contractors/Consultants — Full or part-time staff may be hired to support
exercise- related activities. Such costs must be included within the funding allowed for program management
personnel expenses.
• The applicant's formal written procurement policy or 44 CFR 13.36 — whichever is more stringent— must be
followed.
• Overtime and Backfill — The entire amount of overtime costs, including payments related to backfilling personnel,
which are the direct result of time spent on the design, development, and conduct of exercises are allowable expenses.
These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State
or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In
no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation
21
from their unit or agency of govemment AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00
p.m.), even though such work may benefit both activities.
• Travel — Travel costs are allowable as expenses by employees who are on travel status for official business related to
the planning and conduct ofexereise project(s) or HSEEP programmatic requirements as described in the HSEEP
website (e.g., Improvement Plan Workshops, Training and Exercise Plan).
• Supplies — Supplies are items that are expended or consumed during the course of the planning and conduct of the
exercise project(s) (e.g., copying paper, gloves, tape, non - sterile masks, and disposable protective equipment).
• Disability Accommodations — Materials, services, tools and equipment for exercising inclusive of people with
disabilities (physical, programmatic and communications access for people with physical sensory, mental health,
intellectual and cognitive disabilities).
• Other Items — These costs include the rental of equipment and other expenses used specifically for exercises, costs
associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full
access for children and adults with disabilities.
Unauthorized exercise - related costs include:
A. Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction
vehicles) medical supplies, and emergency response apparatus (e.g., fire trucks, ambulances).
1 Equipment that is purchased for permanent installation and /or use, beyond the scope of exercise conduct (e.g.,
electronic messaging signs).
1 The purchase of food is not permissible under this grant, subject to prior approval of the Department of
Financial Services, explicitly authorized by 2 CFR, Part 225, Appendix B. While this is an allowable purchase
by DHS, please note that FDEM adheres to Florida Statues, which are more stringent than federal guidance.
Such expenditures are restricted to the rates specified for Class C meals in Section 112.061, Florida Statutes.
Exercise Requirements
Training and Exercise Plan Workshop. States and Urban Areas are required to conduct an annual Training and Exercise Plan
Workshop (TEPW). A Multi -year Training and Exercise Plan must be developed from the workshops on an annual basis and
submitted to the States respective Exercise Program point of contact. The State Exercise Program point of contact should submit
a copy of the State and Urban Area plans to hseep(i4dhs.gov.
The Training and Exercise Plan will include the State's prioritized capability requirements and a Multi -Year Training and
Exercise Plan (schedule) that supports the identified capabilities. In addition to submission of the Multi -Year Training and
Exercise Plan to hseep a,dhs.gov, all scheduled training and exercises should be entered into the HSEEP National Exercise
Scheduling (NEXUS) System, located in the HSEEP Toolkit on the HSEEP website https: / /hseep.dhs.poy.
States must complete a cycle of exercise activities during the period of this grant. Exercises conducted by States and Ur \ban
Areas may be used to fulfill similar exercise requirements required by other grants programs. To this end, grantees are
encouraged to invite representatives /planners involved with other federally- mandated or private exercise activities. States and
Urban areas are encouraged to share, at a minimum, the multi -year training and exercises schedule with those departments,
agencies, and organizations included in the plan.
• Exercise Scenarios. The scenarios used in HSGP- funded exercises must be based on the State/Urban Area's
Homeland Security Strategy and plans. Acceptable scenarios for SHSP and UASI exercises include: chemical,
biological, radiological, nuclear, explosive, cyber, agricultural and natural or technological disasters.
The scenarios used in HSGP- funded exercises must focus on validating existing capabilities and must be large
enough in scope and size to exercise multiple tasks and warrant involvement from multiple jurisdictions and
disciplines and nongovernmental organizations and take into account the needs and requirements for individuals with
disabilities. Exercise scenarios should align with objectives and capabilities identified in the Multiyear Training and
Exercise Plan.
• Special Event Planning. If a State or Urban Area will be hosting a special event (e.g., Super Bowl, G -8 Summit) the
special event planning should be considered as a training or exercise activity for the purpose of the Multi -year
Training and Exercise Plan. The State or Urban Area should plan to use SHSP or UASI funding to finance training
and exercise activities in preparation for those events. States and Urban Areas should also consider exercises at
major venues (e.g., arenas, convention centers) that focus on evacuations, communications, and command and
control. States should also anticipate participating in at least one Regional Exercise annually. States must include all
confirmed or planned special events in the Multi -year Training and Exercise Plan.
0A
• Exercise Evaluation and Improvement. Exercises should evaluate performance of the objectives and capabilities
required to respond to the exercise scenario. Guidance related to exercise evaluation and improvement planning is
defined in the HSEEP located at https: / /hssep.dhs.gov.
• Self- sustaining Exercise Programs. States are expected to develop a self - sustaining exercise program. A self -
sustaining exercise program is one that is successfully able to implement, maintain, and oversee the Multi -Year
Training and Exercise Plan, including the development and delivery of HSGP - funded exercises. The program must
utilize a multi - disciplinary approach to the development and delivery of exercises, and build upon existing plans,
training, and equipment.
• Role of Non - Governmental Entities in Exercises. Non - governmental participation in all levels of exercises is
strongly encouraged. Leaders from nongovernmental entities should be included in the planning, conduct, and
evaluation of an exercise. State, local, tribal, and territorial jurisdictions are encouraged to develop exercises that
test the integration and use of non - governmental resources provided by non - governmental entities, defined as the
private sector and private non - profit, faith - based, community, volunteer, and other non - governmental organizations.
Non - governmental participation in exercises should be coordinated with the local Citizen Corps Council(s) or their
equivalent and other partner agencies. The scenarios used in HSGP- funded exercises must focus on validating
existing capabilities, must comply with and be large enough in scope and size to exercise multiple activities and
warrant involvement from multiple jurisdictions and disciplines and non - governmental organizations, and take into
account the needs and requirements for individuals with disabilities.
D. Management and Administration - no more than 3% of each sub - recipient's total award may be expended on
Management and Administration costs.
Hiring of full -time or part-time staff or contractors /consultants:
• To assist with the management of the respective grant program
• To assist with application requirements
• To assist with the compliancy with reporting and data collection requirements
Development of operating plans for information collection and processing necessary to respond to
FEMA data calls
Overtime costs - Overtime are allowable for personnel to participate in information, investigative, and intelligence sharing
activities specifically related to homeland security and specifically requested by a Federal agency. Allowable costs are
limited to overtime associated with federally requested participation in eligible fusion activities including anti - terrorism
task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by Maritime
Transportation Security Act of 2002). DHS Border Enforcement Security Task Forces, and Integrated Border Enforcement
Teams. Grant funding can only be used in proportion to the Federal man -hour estimate, and only after funding for these
activities from other Federal sources (i.e. FBI 1TTF payments to State and local agencies) has been exhausted. Under no
circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal
source.
Operational overtime costs. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and
preventing acts of terrorism, operational overtime costs are allowable for increased security measures at critical
infrastructure sites. FY 2012 SHSP or IAS 1 funds for organizational costs maybe used to support select operational
expenses associated with increased security measures at critical infrastructures sites in the following authorized categories:
Backfill and overtime expenses (as defined in FOA) for staffing State or Major Urban Area fusion
centers;
Hiring of contracted security for critical infrastructure sites;
Public safety overtime (as defined in FOA)
Title 21 or State Active Duty National Guard deployments to protect critical infrastructure sites,
including all resources that are part of the standard National Guard deployment package); and
Increased border security activities in coordination with CPB, as outlined in Information Bulletin
135.
FY 2012 SHSP funds may only be spent for operational overtime costs upon prior approval provided in writing by the
FEMA Administrator.
Travel expenses
Meeting- related expenses (For a complete list of allowable meeting - related expenses, please review the OJP
Financial Guide at htto : / /www.oio.usdo'.Qov /FinGuide).
Acquisition of authorized office equipment, including:
• Personal computers
• Laptop computers
• Printers
• LCD projectors, and
23
• Other equipment or software which may be required to support the implementation of the homeland
security strategy
The following are allowable only within the period of performance of the contract:
• Recurring fees /charges associated with certain equipment, such as cell phones, faxes, etc.
• Leasing and /or renting of space for newly hired personnel during the period of performance of the grant program
E. Unauthorized Expenditures
• Activities unrelated to the completion and implementation of the grant program
• Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs
• Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders,
and may not be used to hire staff for operational activities or backfill. Funds cannot not replace (supplant) funds that
have been appropriated for the same purpose.
F. Construction and Renovation
Project construction using SI ISP and UASI funds may not exceed the greater of $1,000,000 or 15% of the grant award.
For the purposes of the limitations on funding levels, communications towers are not considered construction.
Written approval must be provided by FEMA prior to the use of any HSGP funds for construction or renovation. When
applying for construction funds, including communications towers, at the time of application, grantees are highly
encouraged to submit evidence of approved zoning ordinances, architectural plans, any other locally required planning
permits and documents, and to have completed as many steps as possible for a successful EFIP review in support of their
proposal for funding (e.g., completing the FCC's Section 06 review process for tower construction projects; coordination
with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential fot
project effects). Projects for which the grantee believes and Environmental Assessment (EA) may be needed, as defined in
44 CFR 10.8 and 10.9, must also be identified to the FEMA Program Analyst within six (6) months of the award and
completed EHP review packets must be submitted no later than 12 months before the end of the Period of Performance.
EHP review packets should be sent by the SAA to FEMA for review.
FEMA is legally required to consider the potential impacts of all HSGP projects on environmental resources and historic
properties. Grantees must comply with all applicable environmental planning and historic preservation (EHP) laws,
regulations, and Executive Orders (EOs) in order to draw down their FY 2012 HSGP grant funds. To avoid unnecessary
delays in starting a project, grantees are encouraged to pay close attention to the reporting requirements for an EHP review.
For more information on FEMA's EHP requirements please refer to Bulletins 329 and 345
(http: / /),"wtiv. fema. aov/ povemment/grant/bulletins/indes shtm).
FY 2012 HSGP Program grantees using funds for construction projects must comply with the Davis -Bacon Act (40 U.S.C.
3141 et seq. ). Grant recipients must ensure that their contractors or subcontractors for construction projects pay workers
employed directly at the work -site no less than the prevailing wages and fringe benefits paid on projects of a similar
character. Additional information, including Department of Labor wage determinations, is available from the following
website: fittp:HNv),vNv.dol.gov/comi)liance/laws/comp-dbra,htm.
In addition, the erection of communications towers that are included in a jurisdiction 's interoperable communications plan
is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be
submitted to FEMA for EHP review. Per the Consolidated Security, Disaster Assistance, and Continuing Appropriations
Act of2009 (Public Law 110-329), communications towers are not subject to the$1.000,000 construction and renovation
cap.
Approval Process:
in order for grantees to drawdown funds for construction and renovation costs, the grantee must provide the Division with:
• A description of the asset or facility, asset location, whether the infrastructure is publicly or privately owned, and the
construction or renovation project;
• Certification that a facility vulnerability assessment has been conducted
• An outline addressing how the construction or renovation project will address the identified vulnerabilities from the
assessment
• Consequences of not implementing the construction or renovation project
• Any additional information requested by FEMA to ensure compliance with Federal environmental and historic
preservation requirements
Additional information may also be found on the FEMA's website located at hap: 9u-tvw.fenta.gotplan,ehp /.
Note: written approval must be provided by FEMA prior to the use of any funds for construction or renovation.
G. Overtime and Backfill Guidance
Personnel (SIISP and UASI) — Personnel hiring, overtime, and backfill expenses are permitted under this grant in order to
perform allowable FY 2012 HSGP planning, training, exercise, and equipment activities. A personnel cost cap of up to 50
24
percent (50 %) of the total SHSP and UAS I program funds maybe used for personnel and personnel - related activities as
directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security
Act (Public Law 110-412). Grantees who wish to seek a waiver from the personnel cost cap must provide documentation
explaining why the cap should be waived; waiver requests will be considered only under extreme circumstances. In
general, the use of SHSP and LJASI funding to pay for staff and/or contractor regular time or overtime/backtill is
considered a personnel cost.
For further details, please refer to Information Bulletin 358.
FY 2012 HSGP funds may not be used to support the hiring of any personnel for the purposes of fulfilling traditional
public health and safety duties or to supplant traditional public health and safety positions and responsibilities.
Definitions for hiring, overtime, and backfill- related overtime, and supplanting remain unchanged from FY 2011 HSGP.
H. National Incident Management System (NIMS) Compliance
HSPD -5, " 11onagetnew of Domestic Incidents," mandated the creation of NIMS and the National Response Plan (NRP).
NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic
incidents, regardless of cause, size, or complexity. To promote interoperability and compatibility among Federal, State,
local, and tribal capabilities, NIMS includes a core set of guidelines, standards, and protocols for command and
management, preparedness, resource management, communications and information management, supporting
technologies, and management and maintenance of NIMS. The NRP, using the template established by NIMS, is an all -
discipline, all- hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential
Incidents of National Significance, which are major events that "require a coordinated and eftective response by an
appropriate combination of Federal, State, local, tribal, private sector, and nongovernmental entities."
The NIMS Integration Center (NIC) recommends 38 NIMS Compliance Objectives for nongovernmental organizations
that support NIMS implementation. These activities closely parallel the implementation activities that have been required
of State, territorial, tribal, and local governments since 2004 and can be found at
W%VW.fema.gov/pdf/emergency/nims/nao fs ndf To integrate nonprofit organizations into the broader national
preparedness effort, DHS encourages grantees to consider pursuing these recommended activities.
Additionally, nongovernmental organizations grantees and sub - grantees will be required to meet certain NIMS compliance
requirements. This includes all emergency preparedness, response, and/or security personnel in the organization
participating in the development, implementation, and/or operation of resources and/or activities awarded through this
grant must complete training programs consistent with the NIMS National Standard Curriculum Development Guide.
Minimum training includes IS -700 NIMS: An Introduction. In addition, IS -800.a NRP: An Introduction, Incident
Command System (ICS -100), Incident Command System (ICS -200), Intermediate Incident Command System (G -300), and
Advanced Incident Command System (G -400) are also recommended. For additional guidance on NIMS training, please
refer tohttp: / /www.fema.pov /emergency /nims /nims trainin sg htm.
Additional information about NIMS implementation and resources for achieving compliance are available through the
NIMS Integration Center (NIC), at http: / /www.fema.gov /emergency /nims /.
111. Reporting Requirements
1. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, June
30, September 30 and December 30) for the life of this contract.
• If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's
reporting is current.
• If a report goes 2 consecutive quarters without Recipient providing information in the narrative
portion of the Quarterly Status Report, Report will be denied until narrative is provided; also
financial reimbursements will be withheld until the required information has been submitted.
Pr.maro fir R.nn.f:.... C..6.d.J.
Reporting Period
Report due to DEM no later than
January 1 through March 31
Aril 30
April 1 through June 30
July 31
July I through September 30
October 31
October 1 through December 31
January 31
2. Programmatic Reporting -BSIR
25
Biannual Strategic c Implementation Report
After the end of each reporting period, for the life of the contract unless directed otherwise, the SAA will
complete the Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT)
https : /hvw-�%,.reporting.odp.dhs.2ov. The reporting periods are January 1 -June 30 and July 1- December 31.
Data entry is scheduled for December I and June I respectively. Future awards and reimbursement may be
withheld if these reports are delinquent.
3. Reimbursement Requests:
A request for reimbursement may be sent to your grant manager for review and approval at anytime during the
contract period. The Recipient should include the category's corresponding line item number in the "Detail of
Claims" form. This number can be found in the "Proposed Program Budget ". A line item number is to be
included for every dollar amount listed in the "Detail of Claims" form.
4. Close -out Programmatic Reporting:
The Close -out Report is due to the Florida Division of Emergency Management no later than 60 calendar days
after the agreement is either completed or the agreement has expired.
5. Monitoring:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through
various funding sources including federal grant funds. The Florida Division of Emergency Management (FDEM) has a responsibility to
track and monitor the status of grant activity and items purchased to ensure compliance with applicable SHSGP grant guidance and
statutory regulations. The monitoring process is designed to assess a recipient agency's compliance with applicable state and federal
guidelines.
Monitoring is accomplished utilizing various methods including desk monitoring and on -site visits. There are two primary areas
reviewed during monitoring activities - financial and programmatic monitoring. Financial monitoring is the review of records associated
with the purchase and disposition of property, projects and contracts. Programmatic monitoring is the observation of equipment
purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during
this process.
Desk monitoring is the review of projects, financial activity and technical assistance between FDEM and the applicant via e-mail and
telephone. On -Site Monitoring are actual visits to the recipient agencies by a Division representative who examines records, procedures
and equipment.
Frequency of annual monitorin¢ activity:
Each year the FDEM will conduct monitoring for up to 50% of their sub - grantees. It is important to note that although a given grant has
been closed, it is still subject to either desk or on -site monitoring for a five year period following closure.
Areas that will be examined include:
Management and administrative procedures;
Grant folder maintenance;
Equipment accountability and sub -hand receipt procedures;
Program for obsolescence;
Status of equipment purchases;
Status of training for purchased equipment;
Status and number of response trainings conducted to include number trained;
Status and number of exercises;
26
Status of planning activity;
Anticipated projected completion,
Difficulties encountered in completing projects;
Agency NIMS /ICS compliance documentation,
Equal Employment Opportunity (EEO Status);
Procurement Policy
FDEM may request additional monitoring/information if the activity, or lack thereof, generates questions from the region, the sponsoring
agency or FDEM leadership. The method of gathering this information will be determined on a case -by -case basis.
Desk monitoring is an on -going process. Recipients will be required to participate in desk top monitoring on an annual basis and as
determined by the FDEM. This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if
the FDEM determines that a recipient is having difficulty completing their project.
As difficulties /deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email.
Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of
the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the
FDEM for assistance. Examples of "FA include but are not limited to:
Equipment selection or available vendors
1 Eligibility of items or services
1 Coordination and partnership with other agencies within or outside the region or discipline
4, Record Keeping
1 Reporting Requirements
1 Documentation in support of a Request for Reimbursement
On -Site Monitoring will be conducted by the FDEM or designated personnel. On -site Monitoring visits will be scheduled in advance
with the recipient agency POC designated in the grant agreement.
The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the
capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of
a peer review as needed.
All findings related to the capability review will be documented and maintained within the FDEM.
On -site Monitoring Protocol
On -site Monitoring Visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal
year (IFFY). Site visits may be combined when geographically convenient. There is a financial and programmatic on -site monitoring
checklist to assist in the completion of all required tasks.
Site Visit Preparation
A letter will be sent to the recipient agency Point of Contact (POC) outlining the date, time and purpose of the site visit before the
planned arrival date.
The appointment should be confirmed with the grantee in ATiting (email is acceptable) and documented in the grantee folder.
27
The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the
address should be documented in the grantee folder before the site visit.
On -Site Monitoring Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site
visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain
their objectives and will proceed to perform the financial review.
FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a
tour /visual /spot inspection ofequipment will be conducted.
Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal
(information/serial number) placed in a prominent location on each piece ofequipment as per recipient agency requirements. The serial
number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capitol
expenditures in excess of$1,000. per item).
If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that
particular piece ofequipment. Once the tour /visual /spot inspection ofequipment has been completed, the FDEM personnel will then
conduct an exit conference with the grantee to review the findings.
Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher /reimbursement, equipment,
questions, etc.
Post Monitoring Visit
FDEM personnel will review the on -site monitoring review worksheets and backup documentation as a team and discuss the events of
the on -site monitoring.
Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and
corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will be
generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM.
Noncompliance on behalf of sub - grantees is resolved by management under the terms of the Sub grant Agreement.
The On -Site Monitoring Worksheets, the monitoring report and all back up documentation will then be included in the grantee's file.
A. Programmatic Point of Contact
Contractual Point of Contact
Programmatic Point of Contact
Carolyn Washington
Jana Smith
FDEM
FDEM
2555 Shumard Oak Blvd.
2555 Shumard Oak Blvd.
Tallahassee, FL 32399 -2100
Tallahassee, FL 32399 -2100
(850) 410 -1271
(850) 922 -1747
Carolyn. washin tonnem.m florida.com
Jana. smith em.m florida.com
B. Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in scope of work.
• The FDEM shall administer the financial processes.
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Attachment B
Program Statutes, Regulations and Special Conditions
1) 53 Federal Register 8034
2) 31 U.S.C. §1352
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative
Agreements 28 CFR Part 66, Common rule
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat.
975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
14) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
15) Title VI of the Civil Rights Act of 1964, as amended;
16) Section 504 of the Rehabilitation Act of 1973, as amended;
17) Subtitle A, Title lI of the Americans with Disabilities Act (ADA) (1990);
18) Title IX of the Education Amendments of 1972;
19) Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations,
20) 28 CFR Part 42, Subparts C,D,E, and G
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part
39
Special Conditions
Article I— Financial Guidelines
1. The grantee and any sub grantee shall comply with the most recent version of the
Administrative Requirements, Cost Principles, and Audit Requirements. A non - exclusive list
of regulations commonly applicable to DHS grants are listed below:
A. Administrative Requirements
1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non -
Profit Organizations (OMB Circular A -110)
3. 44 CFR Part 10, Environmental Considerations
29
B. Cost Principles
1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal
Governments (OMB Circular A -87)
2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular
A -21)
3. 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular
A -122)
4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with
Commercial Organizations
C. Audit Requirements
1. OMB Circular A -133, Audits of States, Local Governments, and Non - Profit
Organizations
Article II — Financial Reports (FDEM Form 1 & 2) Required Quarterly
The recipient shall submit the Financial Report (FDEM Form 1 & 2) within 30 days of the end of
the first Federal quarter covering the grant period of performance. The recipient shall submit
quarterly reports thereafter until the grant ends and final payment is received. Reports are due on
January 31, April 30, July 31 and October 30. A report must be submitted for every quarter of
the period of performance, including partial calendar quarters, as well as for periods where no
grant activity occurs. Future reimbursement requests may be withheld if these reports are
delinquent. The Close -Out Report (FDEM Form 5) is due within sixty (60) days after the end
date of the performance period.
Article III — Summary Description of Project
The FY 2011 Homeland Security Grant Program (HSGP) funding shall be used for costs related
to preparedness activities associated with implementing the State Homeland Security Strategy,
any respective Urban Area Security Strategies, and the investments identified during the
application period. The HSGP consists of the State Homeland Security Program (SHSP), the
Urban Area Security Initiative (UASI), the Citizen Corps Program (CCP), the Metropolitan
Medical Response System (MMRS) program, and Operation Stonegarden (OPSG). Together,
these programs provide an integrated mechanism to enhance the coordination of National
Priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and
other emergencies.
Article IV — National Environmental Policy Act (NEPA)
The recipient shall comply with all applicable Federal, State, and local environment and historic
preservation (EHP) requirements and shall provide any information requested by FEMA to
ensure compliance with applicable laws including: National Environmental Policy Act, National
Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
(11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet
Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal
funding. Recipient shall not undertake any project having the potential to impact Environmental
or Historical Preservation (EHP) resources without the prior approval of FEMA, including but
30
not limited to communication towers, physical security enhancements, new construction, and
modifications to buildings that are 50 years old or greater. Recipient must comply with all
conditions placed on the project as the result of the EHP review. Any change to the approved
project scope of work will require re- evaluation for compliance with these EHP requirements. If
ground disturbing activities occur during project implementation, the recipient must ensure
monitoring of ground disturbance, and if any potential archeological resources are discovered,
the recipient will immediately cease construction in that area and notify FEMA and the
appropriate State Historic Preservation Office. Any construction activities that have been
initiated prior to the full EHP review could result in a non - compliance finding. For your
convenience, here is the screening form link: (The Screening Form is available at:
(www.fema.gov /doc/ government /grant/bulletins /info329 final screening_memo.doc). For these
types of projects, grantees must complete the FEMA EHP Screening Form (OMB Number 1660-
0115 /FEMA Form 024 -0 -01) and submit it, will all supporting documentation, to their respective
FDEM grant manager for review. Grantees should submit the FEMA EHP Screening Form for
each project as soon as possible upon receiving their grant award.
Article V- Specific Acknowledgements and Assurances
All recipients of financial assistance must acknowledge and agree and require any sub - recipients,
contractors, successors, transferees, and assignees acknowledge and agree to comply with
applicable provisions governing DHS access to records, accounts, documents, information,
facilities, and staff.
1. Recipients must cooperate with any compliance review or complaint
investigation conducted by Florida Division of Emergency Management and
Department of Homeland Security.
2. Recipients must give Florida Division of Emergency Management and
Department of Homeland Security access to and the right to examine and
copy records, accounts, and other documents and sources of information
related to the grant and permit access to facilities, personnel, and other
individuals and information as may be necessary, as required by DHS
regulations and other applicable laws or programs guidance.
3. Recipients must submit timely, complete, and accurate reports to Florida
Division of Emergency Management and maintain appropriate back up
documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and
evaluation requirements, as prescribed by law or detailed program guidance.
5. If, during the past three years, the recipient has been accused of
discrimination on the grounds of race, color, national origin (including
limited English proficiency), sex, age, disability, religion, or familial status,
the recipient must provide a list of all such proceedings, pending or
completed, including outcome and copies of settlement agreements to Florida
Division of Emergency Management and the DHS Office of Civil Rights and
Civil Liberties.
6. In the event any court or administrative agency makes a finding of
discrimination on grounds of race, color, national origin (including limited
31
English proficiency), sex, age, disability, religion, or familial status against the
recipient, or the recipient settles a case or matter alleging such discrimination,
recipients must forward a copy of the compliant and findings to Florida
Division of Emergency Management which will then be forwarded to DHS
Component. The United States has the right to seek judicial enforcement of
these obligations.
Article VI — Lobbying Prohibitions
None of the funds provided under an award may be expended by the recipient to pay any person
to influence, or attempt to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with any Federal action concerning the award or renewal of any Federal contract,
grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S. C.
1352.
Article VII— Acknowledge of Federal Funding from DHS
The recipient agrees that all allocations and use of funds under this grant will be in accordance
with the FY 2012 Homeland Security Grant Program (HSGP) guidance and application kit. Also
recipients will comply to acknowledge Federal funding when issuing statements, press releases,
request for proposals, bid invitations, and other documents describing projects or programs
funded in whole or in part with Federal funds.
Article VIII — Copyright
Recipients will comply with requirements that publications or other exercise copyright for any
work first produced under Federal financial assistance awards hereto related unless the work
includes any information that is otherwise controlled by the Government (e.g., classified
information or other information subject to national security or export control laws or
regulations). For any scientific, technical, or other copyright work based on or containing first
data produces under this award, including those works published in academic, technical or
professional journals, symposia proceedings, or similar works, the recipient grants the
Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute
copies, perform, disseminate, or prepare derivative works and to authorize others to do so, for
Government purposes in all such copyrighted works. The recipient shall affix the applicable
copyright notices of 17 U.S.C. 401 or 402 and an acknowledgement of Government sponsorship
(including award number) to any work first produced under an award.
Article IX — Use of DHS Seal, Logo and Flags
Recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States
Coast Guard seal, logo, crests or reproductions of flags or likeness of Coast Guard officials.
32
Article X— Activities Conducted Abroad
Recipients will comply with requirements that project activities carried on outside the United
States are coordinated as necessary with appropriate government authorities and those
appropriate licenses, permits, or approvals are obtained.
Article XI— Fly America Act of 1974
Recipients will comply with the requirements of the Preference for U.S. Flag Air Carriers:
Travel supported by U.S. Government funds requirement, which states preference for the use of
U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air
transportation of people and properly to the extent that such service is available, in accordance
with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.
401 18) and the interpretative guidelines issued by the Comptroller General of the united States in
the March 31, 1981, amendment to Comptroller General Decision B138942.
Article XII— GPD — Drug -Free Workplace Regulations
Recipients will comply with the requirements of the Drug -Free Workplace Act of 1988 (41
U.S.0 707 et seq.), which requires that all organizations receiving grants from any Federal
agency agree to maintain a drug -free workplace. The recipient must notify the awarding office if
an employee of the recipient is convicted of violating a criminal drug statue. Failure to comply
with these requirements may be cause for debarment. These regulations are codified at 2 CFR
3001.
Article XIII — Trafficking Victims Protection Act of 2000
Recipients will comply with requirements of the government -wide term which implements
Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22
U.S.C. 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim
in Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance
with the statutory requirement, in each agency award under which the funding is provided to a
private entity, Section 106(g) of the TVPA, as amended, required the agency to include a
condition that authorizes the agency to terminate the award, without penalty, if the recipient or a
sub - recipient — (a) Engages in severe forms of trafficking in persons during the period of time
that the award is in effect; (b) Procures a commercial sex act during the period of time the award
is in effect; or (c) Uses forced labor in the performance of the award or sub - awards under the
award. Full text of the award term is provided at 2 CFR 175.15.
Article XIV — Civil Rights Act of 1964
Recipients will comply with the requirements of the title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), which provides that no person in the United States will, on the grounds of
race, color, or national origin, be excluded from participation, in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal financial assistance.
Article XV — Civil Rights Act of 1968
Recipients will comply with the requirements of Titles VII of the Civil Rights Act, which
prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwelling,
or in the provision of services in connection therewith, on the basis of race, color, national origin,
33
religion, disability, familial status, and sex (42 U.S.C. 3601 et seq.), as implemented by the
Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on
disability discrimination includes the requirement that new multifamily housing with four or
more dwelling units i.e., the public and common use areas and individual apartment units (all
units in buildings with elevators and ground floor units in buildings without elevators) be
designed and constructed with certain accessible features (see 24 CFR 100.201).
Article XVI — American with Disabilities Act of 1990
Recipients will comply with the requirements of Titles I, 11, III of the Americans with
Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the
operation of the public entities, public and private transportation systems, places of the public
accommodation, and certain testing entities (42 U.S.C. 12101- 12213).
Article XVII — Age Discrimination Act of 1975
Recipients will comply the requirements of the Age discrimination Act of 1975 (42 U.S.C. 6101
et seq.), which prohibits discrimination on the basis of age in any program or activity receiving
Federal financial assistance.
Article XVIII — Title IX of the Education Amendments of 1972
Recipients will comply with the requirements Title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.) which provides that no person in the United States will, on the basis of
sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving Federal financial assistance.
These regulations are codified at 44 CFR Part 19.
Article XIX— Rehabilitation Act of 1973
Recipients will comply with the requirements of Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. 794, as amended, which provides that no otherwise qualified handicapped individual
in the United States will, solely by reason of the handicap, be excluded from participation in, be
denied the benefits of, or be subjected to the discrimination under any program or activity
receiving Federal financial assistance. These requirements pertain to the provision of benefits or
services as well as to employment.
Article XX — Limited English Proficiency
Recipients will comply with the requirements of Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance, national
origin and resulting agency guidance, national origin discrimination includes discrimination on
the basis of limited English proficiency (LEP). To ensure compliance with title VI, recipients
must take reasonable steps to ensure that LEP persons have meaningful access to your programs.
Meaningful access may entail providing language assistance services, including oral and written
translation, where necessary. Recipients are encouraged to consider the need for language
services for LEP persons served or encounters both in developing budgets and in conducting
programs and activities. For assistance and information regarding LEP obligations, go to
http: / /www.lep.gov.
34
Article XXI— Animal Welfare Act of 1966
Recipients will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C.
2131 et seq.), which requires that minimum standards of care and treatment be provided for
vertebrate animals bred for commercial sale, used in research, transported for commercial sale,
or exhibited t the public. Recipients must establish appropriate policies and procedures for the
humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals
and comply with the Public Health Service Policy and Government Principles Regarding the
Care and Use of Animals.
Article XXII — Clean Air Act of 1970 and Clean Air Act of 1977
Recipients will comply with the requirements of 42 U.S.C. 7401 et seq. and Executive Order
11738, which provides for the protection and enhancement of the quality of the nation's air
resources to promote public health and welfare and for restoring and maintain the chemical,
physical, and biological integrity of the nation's waters is considered research for other purposes.
Article XXIII— Protection of Human Subjects
Recipients will comply with requirements of the Federal regulations at 45 CFR Part 46, which
requires recipients to comply with the applicable provisions /law for protection of human subjects
for purposes of research. Recipients must also comply with the requirements of DHS
Management Directive 026 -04, Protection of Human Subjects, prior to implementing any work
with human subjects. For purposes of 45 CFR Part 46, research means a systematic
investigation, including research, development, testing, and evaluation, designed to develop or
contribute to general knowledge. Activities that meet this definition constitutes research for
purposes of this policy, whether or not they are conducted or supported under a program that is
considered research for other purposes. The regulations specify additional protections for
research involving human fetuses, pregnant women, and neonates (Subpart 13): prisoners
(Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable
state and local law and is not directly regulated by 45 CFR Part 46.
Article XXIV— National Flood Insurance Act of 1968
Recipients will comply with the requirements of Section 1306(c) of the National Flood Insurance
Act, as amended, which provided for benefit payments under the Standard Flood Insurance
Policy for demolition or relocation of a structure insured under the Act that is located along the
shore of a lake or other body of water and that is certified by an appropriate State or local land
use authority to be subject to imminent collapse or subsidence as a result of erosion or
undermining caused by waved exceeding anticipated cyclical levels. These regulations are
codified at 44 CFR Part 663.
Article XXV— Flood Disaster Protection Act of 1973
Recipients will comply with the requirements of the Flood Disaster Act of 1973, as amended (42
U.S.C. 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize,
or construct property may be provided in identified flood -prone communities in the United
Stated, unless the community participates in the National Flood Insurance Program and flood
insurance is purchases within one year of the identification. The flood insurance purchase
35
requirement applies to both public and private applicants for DHS support. Lists of flood prone
areas that are eligible for flood insurance are published in the Federal Registry by FEMA.
Article XXVI — Coastal Wetlands Planning, Protection, and Restoration Act of 1990
Recipients will comply with the requirements of Executive Order 1190, which provides that
federally funded construction and improvements minimize the destruction, loss or degradation of
wetlands. The Executive Order provides that, in furtherance of Section 101(b) (3) of NEPA (42
U.S.C. 4331(b) (3)), Federal agencies, to the extent permitted by law, must avoid undertaking or
assisting with new construction located in wetlands unless the head of the agency finds that there
is no practicable alternative to such construction, and that the proposed action includes all
practicable measures to minimize harm to wetlands that may result from such use. In making
this finding, the head of the agency may take into account economic, environmental, and other
pertinent factors. The public disclosure requirement described above also pertains to early public
review of any plans or proposals for new construction in wetlands. This is codified at 44CFR
Part 9.
Article XXVII — USA Patriot Act of 2001
Recipients will comply with the requirements of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT
Act), which amends 18 U.S.C. 175 -175c. Among other things, it prescribes criminal penalties
for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is
not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful
purpose. The act also establishes restrictions on access to specified materials. "Restricted
persons," as defined by the act, may not possess, ship, transport, or receive any biological agent
or toxin that is listed as a select agent.
36
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is requested,
budget data on which the request is based must be submitted. Any advance payment under this Agreement is
subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash
needs of the Recipient within the initial three months of the Agreement.
[ ] NO ADVANCE REQUESTED
No advance payment is requested. Payment
will be solely on a reimbursement basis. No
additional information is required.
ADVANCE REQUEST WORKSHEET
[ ] 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 worksheet
. H irst three months expenditures need only be provided for the years in which you requested an advance. If you do not
have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
Cell D3
X $
DEM Award
(Do not include any match)
37
MAXIMUM
ADVANCE
(A)
(B)
(C)
(D)
DESCRIPTION
FFY 20_
FFY 20_
FFY 20_
Total
1
INITIAL CONTRACT ALLOCATION
2
FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3
AVERAGE PERCENT EXPENDED IN
FIRST THREE MONTHS
(Divide line 2 by line 1.)
. H irst three months expenditures need only be provided for the years in which you requested an advance. If you do not
have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
Cell D3
X $
DEM Award
(Do not include any match)
37
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[ [ Recipient has no previous DEM /DCA contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
[ I Recipient has exceptional circumstances that require an advance greater than the Maximum Advance
calculated above.
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if
needed.
ESTIMATED EXPENSES
Explanation of Circumstances:
38
20-20 Anticipated Expenditures for First Three Months of
BUDGET CATEGORY
Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
38
Attachment D
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be
alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and
invitations for bids and /or requests for proposals shall be excluded from competing for such procurements. Awards
shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to
the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements
that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids
or offers may be rejected when it is in the Recipient's interest to do so.
39
Code of conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or
administration of a contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient.
40
Attachment E
Certification Regardmg
Debarment, Suspension, Ineligibility <r;`
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Recipient's Name
Name and Title DEM Contract Number
Street Address
City, State, Zip
Date
41
Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars No. A -21, A -110, A -122, A -128, A -87; E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern
the application, acceptance and use of Federal funds for this federally- assisted project. Also the Applicant assures
and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced as a
result of Federal and federally- assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or
local unit of government whose principal employment is in connection with an activity financed in whole or in part
by Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom
they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to
and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements
of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating
Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of
the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for
listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection
Act of 1973, Public Law 93 -234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after
March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has
been identified by the Secretary of the Department of Housing and Urban Development as an area having special
flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation
Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation
Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting with the State Historic 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.
42
10. It will comply, and assure the compliance of all its sub grantees and contractors, with the applicable provisions
of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and
Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of
the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable
Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18,
Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of
Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30,
Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal
Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws
or regulations applicable to Federal Assistance Programs.
12. It will comply, and all its contractors will comply, with the non - discrimination requirements of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as
appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as
amended; Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education
Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations,
28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR
Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination
after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a
recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice
Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is
for $500,000 or more.
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
43
Attachment G
Reimbursement Checklist
Please Note: FDEM reserves the right to update this check list throughout the life of the grant to ensure
compliance with applicable federal and state rules and regulations.
Equipment
❑ 1. Have all invoices been included?
❑ 2. Has an AEL # been identified for each purchase?
❑ 3. If service /warranty expenses are listed, are they only for the performance period
of the grant?
❑ 4. Has proof of payment been included? (E.g. canceled check, Electronic Funds
Transfer (EFT) confirmation, or P -Card back up documentation which will
include receipt with vendor, copy of credit card statement showing expense
charged, and payment to credit card company for that statement)
❑ 5. If EHP form needed — has copy of it and approval from State /DHS been included?
Planning
Consultants /Contractors (Note: this applies to contractors also billed under Organization
L J 1. Does the amount billed by consultant add up correctly?
❑ 2. Has all appropriate documentation to denote hours worked been properly signed?
❑ 3. Have copies of all planning materials and work product (e.g. meeting documents,
copies of plans) been included? (If a meeting was held by recipient or
contractor /consultant of recipient, an agenda and signup sheet with meeting date
must be included).
❑ 4. Has the invoice from consultant/contrator been included?
❑ 5. Has proof of payment been included? (E.g. canceled check, Electronic Funds
Transfer (EFT) confirmation, or P -Card back up documentation which will
include receipt with vendor, copy of credit card statement showing expense
charged, and payment to credit card Company for that statement).
❑ 6. Has Attachment E (found within Agreement with FDEM) been completed for this
consultant and included in the reimbursement package?
Salary Positions _fNote: this applies to positions billed under M &A and Organization as well
❑ L Have the following been provided: signed time sheet by employee and supervisor
and proof that employee was paid for time worked (statement of earnings, copy of
payroll check or payroll register)? Has a time period summary sheet been
included for total claimed amount?
❑ 2. Does the back -up documentation provided match the time period for which
reimbursement is being requested?
Training
44
❑ 1. Is the course DHS approved? Is there a course or catalog number? If not, has
FDEM approved the non -DHS training? Is supporting documentation included
your reimbursement request?
❑ 2. Have sign -in sheets, rosters and agenda been provided?
❑ 3. If billing for overtime and /or backfill, has a spreadsheet been provided that lists
attendee names, department, # of hours spent at training, hourly rate and total
amount paid to each attendee? Have print outs from entity's financial system
been provided as proof attendees were paid? For backfill, has a clear
delineation /cross reference been provided showing who was backfilling who?
❑ 4. Have the names on the sign -in sheets been cross - referenced with the names of the
individuals for whom training reimbursement costs are being sought?
❑ 5. Has any expenditures occurred in support of the training (e.g., printing costs, costs
related to administering the training, planning, scheduling, facilities, materials and
supplies, reproduction of materials, and equipment)? If so, receipts and proof of
payment must be submitted. (E.g. canceled check, Electronic Funds Transfer
(EFT) confirmation, or P -Card back up documentation which will include receipt
with vendor, copy of credit card statement showing expense charged, and
payment to credit card Company for that statement).
Exercise
❑ 1. Has documentation been provided on the purpose /objectives of the exercise?
Such as, SITMAN /EXPLAN.
❑ 2. If exercise has been conducted - has after - action report been included? Have sign -
in sheets, agenda, rosters been provided?
❑ 3. If billing for overtime and backfill, has a spreadsheet been provided that lists
attendee names, department, # of hours spent at exercise, hourly rate and total
paid to each attendee? Have print outs from entity's financial system been
provided to prove attendees were paid? For backfill, has a clear delineation /cross
reference been provided showing who was backfilling who?
❑ 4. Have the names on the sign -in sheets been cross - referenced with the names of the
individuals for whom exercise reimbursement costs are being sought?
❑ 5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc)
in support of the exercise? If so, receipts and proof of payment must be
submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation,
or P -Card back up documentation to include receipt with vendor, copy of credit
card statement showing expense charged, and payment to credit card Company
for that statement).
❑ 6. Has any expenditures occurred on rental of space /locations for exercises planning
and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment
45
must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT)
confirmation, or P -Card back up documentation to include receipt with vendor,
copy of credit card statement showing expense charged, and payment to credit
card Company for that statement).
Travel/Conferences
❑ 1. Have all receipts been turned in such as: airplane receipts, proof of mileage, toll
receipts, hotel receipts, car rental receipts, registration fee receipts and parking
receipts? Are these receipts itemized? Do the dates of the receipts match the
date(s) of travel /conference? Does the hotel receipt have a zero balance? If
applicable, have a travel authorization and travel reimbursement form been
included to account for per diem, mileage and other travel expenses which have
been reimbursed to the traveler by sub grantee?
❑ 2. If travel is a conference has the conference agenda been included?
❑ 3. Has proof of payment to traveler been included? (E.g. canceled check, Electronic
Funds Transfer (EFT) confirmation, or copy of payroll check if reimbursed
through payroll).
Oreanization
❑ 1. If billing for overtime and backfill, has a spreadsheet been provided that lists
attendee names, department, # of hours spent at EOC, hourly rate and total paid to
each attendee? Have print outs from entity's financial system been provided to
prove attendees were paid? For backfill, has a clear delineation/cross reference
been provided showing who was backfilling who?
Matchine Funds
❑ 1. Contributions are from Non Federal funding sources.
❑ 2. Contributions are from cash or in -kind contributions which may include training
investments.
❑ 3. Contributions are not from salary, overtime or other operational costs unrelated to
training.
For All Reimbursements - The Final Clreck
❑ 1. Have Forms 3, 4a, 4b and 4c been completed and included with each request for
reimbursement?
❑ 2. Have the costs incurred been charged to the appropriate POETE category?
❑ 3. Does the total on Form 3 match the totals on Forms 4a, 4b and 40
❑ 4. Has Form 3 been signed by the Grant Manager?
❑ 5. Has the reimbursement package been entered into sub grantee's
records /spreadsheet?
❑ 6. Have the quantity and unit cost been notated on Form 4b?
.0