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Agenda 01/09/2018 Item #16E 801/09/2018 EXECUTIVE SUMMARY Recommendation to accept the Department of Homeland Security (DHS) Federally-Funded Sub- Grant Agreement from the Florida Division of Emergency Management #18-DS-xx-09-21-01-xxx in the amount of $27,305 for All Hazards Incident Training and authorize the associated budget amendment. OBJECTIVE: To enhance emergency management and preparedness incident command advanced principles through training efforts within Collier County. CONSIDERATIONS: The Emergency Management Division received an Award Notice, dated August 31, 2017, that the Federal Government has available and awarded funds in the amount of $27,305 for All Hazards Incident Training purposes through the Department of Homeland Security and the Florida Division of Emergency Management. This training is geared to provide Collier County and its partner organizations nationally-accepted incident management concepts and strategies related to managing major incidents such as hurricanes, wildfires, and any other hazards that may occur. Once fully executed, the contract number on the Federally-Funded Sub-Grant Agreement will be completed by the State. FISCAL IMPACT: A budget amendment is required to recognize revenue in the amount of $27,305 to Fund 703 (Administrative Services Grants), Project 33546. No matching funds are required. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote. - JAB RECOMMENDATION: To approve and authorize the Chairman to sign the DHS Federally-Funded Sub-Grant Agreement 18-DS-xx-09-21-01-xxx from the Florida Division of Emergency Management for emergency management training in the amount of $27,305, and authorize the associated budget amendment. Prepared by: Christine Boni, Accountant, Bureau of Emergency Services ATTACHMENT(S) 1. [Linked] DHS FY18 Agreement (PDF) 2. Award Letter HSGP 2017 (PDF) 16.E.8 Packet Pg. 879 01/09/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.8 Doc ID: 4319 Item Summary: Recommendation to accept the Department of Homeland Security (DHS) Federally-Funded Sub-grant Agreement 18-DS-xx-09-21-01-xxx in the amount of $27,305 for All Hazards Incident Training and approve the associated budget amendment. Meeting Date: 01/09/2018 Prepared by: Title: Accountant – Emergency Management Name: Christine Boni 11/30/2017 10:12 AM Submitted by: Title: Division Director - Bureau of Emer Svc – Emergency Management Name: Daniel Summers 11/30/2017 10:12 AM Approved By: Review: Emergency Management Daniel Summers Additional Reviewer Completed 11/30/2017 10:19 AM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 11/30/2017 10:51 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/01/2017 9:55 AM Grants Edmond Kushi Level 2 Grants Review Completed 12/15/2017 2:01 PM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 12/19/2017 6:07 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/20/2017 9:31 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/26/2017 8:48 AM Grants Therese Stanley Additional Reviewer Completed 01/02/2018 12:41 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/02/2018 2:15 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/02/2018 4:52 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/09/2018 9:00 AM 16.E.8 Packet Pg. 880 1 BoniChristine From:Powell, Shelly <Shelly.Powell@em.myflorida.com> Sent:Thursday, August 31, 2017 1:05 PM To:SummersDan; BoniChristine Cc:Jenkins, Chanda; Pinnock, Felicia Subject:2017 Homeland Security Grant Agreement Attachments:2017 HSGP SubGrant Agreement - Collier Co.pdf; Attachment A - BDW.docx Categories:Priority Good Afternoon Dan and Christine, The Division of Emergency Management is pleased to forward your FY 2017 Homeland Security Grant Agreement. Please note the Division will be unable to send the agreements in any form other than a PDF, due to legal stipulation. Please carefully read and review the agreements including all attachments prior to signing. Print two (2) sets of the attached agreement and complete as follows:  Both sets of the Agreement need original authorized signatures;  If signed by anyone other than the authorized person, a copy of an existing Certificate, Resolution, or Procedure, or a letter signed by the authorized person indicating that they have the authority to enter into Agreements;  Authorized person’s name and title printed where requested;  Date of signature;  Enter your DUNS number and total federal funds received from all sources on the first page;  Federal Identification Number on signature page; and  The Budget Detail Worksheet should be completed with anticipated expenditure amounts – this amount should equal your award amount and reflect the project template.  Please make sure that the correct recipient name is stated on your contract, if not please let us know immediately so that we can revise and resend. Section 3(b), Contact, must be completed with the name and contact information of the representative of the recipient who will be responsible for the administration of this agreement. Once completed with the above information and signed, please return both (2) sets of the agreement to this address: Florida Division of Emergency Management Bureau of Preparedness – Attn: Shelly Powell Domestic Security Unit 2555 Shumard Oak Boulevard, Suite # 330G Tallahassee, Florida 32399-2100 A fully executed original agreement and reporting forms will be returned to you. If there is anything else I can assist you with, please do not hesitate to contact me. Thank you, f{xÄÄç cÉãxÄÄ 16.E.8.b Packet Pg. 881 Attachment: Award Letter HSGP 2017 (4319 : DHS Grant FY18) 2 Division of Emergency Management  2555 Shumard Oak Blvd.  Tallahassee, FL 32399‐2100  (850) 815‐4356  Office        PLEASE NOTE: Florida has very broad public records laws. Most written communications to or from state officials  regarding state business are public records available to the public and media upon request. Your e‐mail communications  may therefore be subject to disclosure.  16.E.8.b Packet Pg. 882 Attachment: Award Letter HSGP 2017 (4319 : DHS Grant FY18) ContractNumber: 18-OS-- -09-21-01-- FEDERALY.FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. 5200.92 states lhat a 'sub-award may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. S200.74, "pass-through entity' means "a non-Federal entity that provides a sub-award to a Sub-Recipient to carry out part of a Federal program. " As defined by 2 C.F.R. $200.93, "Sub-Recipienf means'a non-Federal entity that receives a sub- award from a pass-through entity to carry out part of a Federal program." As detined by 2 C.F.R. 5200.38, 'Federal award" means "Federal financial assistanc€ that a non- Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As detined by 2 C.F.R. S200.92, "sub-award' means'an award provided by a pass{hrough entity to a Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." Sub-Recipient's name: Sub-Recipient's unique enlily identifier (DUNS): Foderal Award ldentificalion Number (FAIN): Federal Award Oale: Sub'.award Period of Pertormance Start and End Date; Amounl of Federal Funds Obligated by this Agreemenll TolalAmount ot Federal Funds Obligated lo the Sub-Recipienl by lhe pass-through entiiy to include ihis Agreement: TolalAmount ol lhe Federal Award committed to the Sub-Recipi€nt by the pass-through entity: Federal award projecl description (see FFATA): Name of Fedoral awarding agency: Name of pass-through entity: Contacl inrormation for the pass-through enlityi Collier Couniv 076997790 Seotember 1. 2017 OOE - Auoust 31. 2019 s27 305.00 Deoadment of Homeland Securiw FL Div. of Emeroencv Manaoement 2555 Shumard Oak Boulevard Tallahassee. FL 32399-2100 Calalog of Federal Domestic Assistance (CFDA) Numb€r and Name: 97.067 Homeland Security Grant NO(NA\ 24.13 Whether lhe award is R&D. lndirect cost rale for the FedeEl award: 6r 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, (hereinafter referred to as the "Sub Recipient").For the purposes of this Agreement, the Oivision serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the Recipient of a sub-award. THISAGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identilied herein; B. The State of Florida received these grant funds from the Federal government, and lhe Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. 5200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled 'Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS. RULES. REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled 'Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.97'l(11, Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specilied agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any tunds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. ln addition to the foregoing, the Sub-Recipient and the Division shall be govemed by atLapplicable State and Federal laws. rules and regulations, including those identified in Attachment C. Any express reference in this Agreement to a particular statute. rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. ln accordance with section 215.971(2), Florida Statutes. the Division's Gtant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's Iiaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. i. Monitor and document Sub-Recipient performance; and, ir. Review and document all deliverables for which the Su b-Recipient requests b. The Division's Grant Manager for this Agreement is: Shellv Powell 2555 Shumard Oak Boulevard Tallahassee. FL 32399-21 00 Teleohone: 850) 8'15-4356 Email: shellv.powell@em.mvf lorrda.com c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement rs: Dan E Summers 8075 Lelv Cultural Pkwy. Suite 445 NaDles, FL 341 13 Telephone: 239-252-3600 Fax.N&!.99.- Email dansummels(Dcollieroov.net also christin6boni6colliercov net d. ln the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, tifle and address ot lhe new represe.tative will be provided to the other party. (4) TERMS ANO CONpTTTONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTTON This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) r\,4OprFrcATroN 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. (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end on AgSgl!:lL 4!9 unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. 5200.77, the term "period of agreement" refers to the time during which the Sub-Recipient 'may incur new obligations to carry out the work aulhorized under" this Agreement. ln accordance with 2 C.F.R. 5200.309, the Sub-Recipient may receive reimbursement under this Agreement only for'allowable costs incurred during the period of performance." ln accordance with section 2'15.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Oivision will reimburse the Sub-Recipient qqlt for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and B of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $Z?lg@qq. d. As required by 2 C.F.R. 5200.415(a), any request for payment under this Agreement must include a certillcation, , which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for lhe purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, lictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, A\l+") civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).' e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A and B, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1 Xb), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. 5200 76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." lt also remains consistent with the requirement, contained in 2 C.F.R. S200.301, that the Division and the Sub-Recipient "relate financial data to performance accomplishments of the Federal award." g. lf authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.F.R. 5200.430 ("Compensation-personal services") and 2 C.F.R. 5200.431 ('Compensation-fringe benefits"). lf the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (seo 29 U.S.C. S207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. 5200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. 5200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h. lf authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R. 5200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 'l 12.06'l , Florida Statutes, which includes submission of the claim on the approved state travel voucher. lf the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 1 12.061(6)(b), Florida Statutes ($6 for breakfast, $ l 1 for lunch, and $19 for dinner), then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2Xc), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. j. As defined by 2 C.F.R. 5200.53, the term 'improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contraclual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by Iaw), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documenlation prevents a reviewer from discerning whether a payment was proper. (10)RECORpS a. As required by 2 C.F.R. 5200.336, the Federal awarding agency, lnspectors General, the Comptroller General of the United States, and the Division, or any of their authorized represenlatives, shall enjoy the right of access lo any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audils, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipienl's personnelfor the purpose of interview and discussion related to such documents. Finally, the righl of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. 5200.331(axs), the Oivision, the Chief lnspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreemenl, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by 2 C.F.R. 5200.333, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of three (3) years from the date of submission of the final expenditure report. The following are the only exceptions to the three (3) year requirement: i. lf any litigation, claim, or audit is started before the expiration of the 3-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the Sub-Recipient. v. Records for program income transactions after the period of performance. ln some cases Recipients musl report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. lndirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. ln accordance with 2 C.F.R. 5200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. ln accordance with 2 C.F,R. $200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipienl upon request. lf paper copies are submitted, then the Division must nol require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. 5200.303, the Sub-Recipient shall take reasonable measures to safeguard protected personally identiliable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. @ g. Florida's Government in the Sunshine Law (Section 286.01 1 , Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. lf a public agency delegates the perFormance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides llrefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 1 19, Florida Statutes. h. Florida's Public Records Law provides a right of access lo the records of the state and local governments as well as to private entities acting on their behalf, Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpeluate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A and B - and all other applicable laws and regulations. 8 (1 1)AUprTS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. ln accounting for the receipt and expenditure of funds under this Agreement, the Sub-Recipient shall follow Generally Accepted Accounting Principles CGAAP"). As defined by 2 C.F.R. 5200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounling Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepled Government Auditing Standards (GAGAS"). As delined by 2 C.F.R. 5200.50, GAGAS,'also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. lf an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance wilh these applicable regulations and Agreement provisions within thirty days after the Division has notilied the Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2Xh), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Oivision at the following address: DEMSinole Audit@em.mvff orida.com DEMSingle_Audit@em.myfl orida.com OR Office ol the lnspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-21 00 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: htto://harvester.census. oov/faclcollecuddsindex. htm I h. The Sub-Recipient shall send any management letter issued by the auditor to the Oivision at the following address: DEMSinole Audit@em.mWorida.com DEMSingle_Audit@em.myfl orida.com OR Offlce of the lnspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. 5200.328, the Sub-Recipient shall provide the Oivision with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any olher 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 closeout report. The ending dates for each quarter of the program year are March 3'1, June 30, September 30 and December 31 . c. The closeout report is due 60 days after termination of this Agreement or 60 days afler completion of the activities contained in this Agreement, whichever first occurs. d. lf all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. (13)MON TTORTNG. a. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreemenl, to ensure that lime schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and olher performance goals are being achieved. A review shall be done for each function or activity in Attachmenl A and B to this Agreement, and reported in the quarterly report. b. ln addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. ln the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Oivision to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate l0 with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. ln addition, the Division will monitor the performance and financial managemant by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14)LrABlLlrY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2\, Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the 0ivision harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-.Recipient which is a state agency or subdivision, as delined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees lo be Iiable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any mafter arising out of any contract. (1s)pEFAULT. lf any of the following events occur ("Events of Default"), all obligations on the part of the Oivision to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events ol Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a. lf any warranty or represenlation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreemenl 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. lf material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. lf any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufflcient information; or, d. lf the Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. ll @ (16)REMEpTES. lf an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to lhe address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Oivision any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. lssue a written warning to advise that more serious measures may be taken if the situation is not correcled, iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Oivision from pursuing any other remedies in this Agreement or provided at law or in equity. lf the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17)TERMTNATTON. a. The Oivision may terminate this Agreement for cause afler thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access lo any document, paper, letter, or other material subject to disclosure under Chapter 1 19, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it delermines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty calendar days prior written notice. l2 @ c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendmenl of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. ln the event that this Agreement is terminated, the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many oulstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the 0ivision because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of set-off until the exact amounl of damages due the Division from the Sub-Recipient is determined. (18)PROCUREN4ENT a, The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. 99200.318 through 200.326 as well as Appendix ll to 2 C.F.R. Part 200 (entitled 'Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. 5200.318(b), the Sub-Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are nol necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.' c. As required by 2 C.F.R. 5200.318(i), the Sub-Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." ln order to demonstrate compliance with this requirement, the Sub- Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro-purchases pursuant to 2 C.F.R. $200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. 5200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent with 2 C.F.R. 5200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. SS200.318 through 200.326 as well as Appendix ll to 2 C.F.R. Part 200. Consistent with 2 C.F.R. 5200.318(k), the Division will not substitute its judgment for that of the Sub- Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify dellciencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not l3 constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. lf during its review the Division identifies any deficiencies, then the Division shall communicate those derlciencies to the Sub-Recipient as quickly as possible within the three (3) business day window outlined above. lf the Sub-Recipient publishes a competitive solicitalion afler receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph 17 above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with lhat solicitation. e. Except for procurements by micro-purchases pursuant to 2 C.F.R, $200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R, 5200,320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three (3) business days. Consistent with 2 C.F.R. 5200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. 5200,318 through 200.326 as well as Appendix ll to 2 C.F.R. Part 200. Consistent with 2 C.F.R. 5200.318(k), the Division will not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Oivision's review and comments shall not conslitute an approval of the subcontract. Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. lf during its review the Division identifies any deficiencies, then the Oivision shall communicate those deflciencies to the Sub-Recipient as quickly as possible within the three (3) business day window outlined above. lf the Sub-Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreemenl in accordance with the provisions outlined in paragraph 17 above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. f. The Sub-Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. l1 g. As required by2 C.F.R. 5200.318(c)(1), the Sub-Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. 5200.319(a), the Sub-Recipient shall conduct any procurement under this agreement 'in a manner providing full and open competition." Accordingly, the SuFRecipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between afliliated companies; iv. Execute noncompetitive contracts to consultants thal are on retainer contracts; v. Aulhorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during lhe procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specilications, requirements, statement of work, invitation to bid, or request for proposals. i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub-Recipient, as required by 2 C.F.R. 5200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub-Recipient shall conduct any procuremenl involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. 5200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub-Recipienl shall conduct any procurement involving requesls for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. 5200.320(d) as well as section 287.057('l Xb), Florida Statutes. l. For each subcontracl, the Sub-Recipient shall provide a written statement lo lhe Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. 5200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). l5 @ (19)ATTACHMENTS a. All attachments to this Agreement are incorporaled as if set out fully. b. ln the event of any inconsistencies or conflict between the language of this Agreemenl and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A - Budget iii. Attachment B - ScoPe of Work iv. Attachment C - Deliverable and Performance v. Attachment 0 - Program Statutes and Regulations vi. Attachment E - Justification ofAdvance Payment vii. Attachment F - Warranties and Represenlations viii. Attachment G - Certification Regarding Oebarment ix. Attachment H - Statement ofAssurances x. Attachmenl l- Mandatory Contracl Provisions xi. Attachment J - Monitoring Guidelines xii. Attachment K - EHP Guidelines xiii. Attachment L - Reimbursement Checklist (20)PAYMENTS a. Any advance paymenl under this Agreement is subject to 2 C.F.R. 5200 305 and, as applicable, section 216.18'l(16), Florida Statues. All advances are required to be held in an interest- bearing account. lf an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreemenl as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. lnvoices shail be submitted at least quarterly and shall include the supporting documentation for all costs of the pOect or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement. c. lf the necessary funds are not available lo fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the Stats Chief Financial Oflicer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Oivision l6 to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Oivision of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-21 00 b. ln accordance with Section 2'15.34(2), Florid Statutes, if a check or other draft is returned to the Division for collection, Sub-Recipient shall pay the Oivision a service fee of $15.00 or 5olo of the face amount of the returned check or draft, whichever is greater. (22)MANDATEO CONpITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, represenlations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. 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. lf any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seo.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the llsglhilgoly 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 t7 a public entity, may nol be awarded or perform work as a contractor, supplier, subcontractor, or consultanl under a contract with a public entity, and may not transact business with any public entity in excess of $25,OOO.OO for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal deparlment or agency: ii. Have not, within a five-year period preceding this proposal been convicted of or had a civiljudgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumeraled in paragraph 19(g)2. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. lf the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement h. ln addition, tho Sub-Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, heligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Sub. Rocipient plans to fund under this Agreement. The form must be received by tho Division before the Sub-Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subjecl to the provisions of Chapter I 19, Florida Statutes, which the Sub-Recipient created or received under this Agreement. j. lf the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida will not intenlionally 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) lsection 274A(e) of the lmmigration and Nationality Act l8 ("lNA")1. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 2744(e) of the lNA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the 0ivision. L All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYTNG PROHTBTTION a. 2 C.F.R. $200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347 , Flotida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies, by its signature to this Agreemenl, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperalive agreement, and the exlension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. lf 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 i,,lember 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, lhe Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certillcation is a prerequisite l9 @ for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24)COPYRIGHT. PATENT AND TRADEMARK EXCEPT AS PROVIOED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND' ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORi'ANCE OF THIS AGREEMENT ARE HEREBY TRANSFERREO BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. lf the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. lf any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. lf any books, manuals, films, or other copyrightable material are produced, the sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or She knows or Should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all palents and copyrights which accrue during performance of the Agreement. d. lf the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become lhe sole property of the Sub-Recipient. ln the case ofjoint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Oivision shall retain a perpetual, irrevocable, fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. z0 @ (25)LEGAL AUTHORTZATTON. The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of lhis Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. (26)EOUAL OPPORTUNITY EMPLOYMENT a. ln accordance with 41 C.F.R. 560-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification theleof, as delined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Governmsnt or borrowed on the credit of the Federal Government pursuant lo a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: Ouring the performance of this contracl, the contraclor agrees as follows: i. The contractor will not discriminate againsl any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will lake affirmative action to ensure that applicants are employed, and that employees are treated during employrnent without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees lo post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicilalions or advertisements for employees placed by or on behalf of the contractor, state that all qualilied applicants will receive considerations for employment without regard to race, color, religion, sex, or nalional origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2t iv. The contractor will comply with all provisions of Executive Order I 1246 of Septembet 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. v. The contractor will furnish all information and reports required by Executive Ordel11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. ln the event of the contraclor's noncompliance with the nondiscrimination clauses of this conlract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 1 1246 of September 24, 1965, and such olher sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontracl or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action wilh respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contraclor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United Slates to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to ils own employment practices when it participates in federally assisted construction 22 @ work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the conlract. c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secrelary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that il will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 1 1246 of Septembe( 24, '1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by lhe administering agency or lhe Secretary of Labor pursuant to Part ll, Subpart D of the Executive order. ln addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assislance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELANO ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempl under Federal law, it will incorporate or cause to be incorporated into any contract for conslruction work, or modification thereof, the following clause: i. Contractor. The contractor shail comply with 18 U.S.C. S 874, 40 U.S.C. S 3145, and the requirements of 29 C.F.R. pt.3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subconlracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subconlraclors to include these clauses in any lower tier subcontracts. The prims contractor shall be responsible for the compliance by any subconlractor or lower tier subconlractor with all of these contract clauses. 23 @ iii. Breach. A breach of the contract clauses above may be grounds for terminalion of ths contract, and for debarment as a contractor and subconlractor as provided in 29 C.F.R. S 5.12. (28)CONTRACT WORK HOURS ANO SAFETY STANDARDS lf the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contracl must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by 0epartment of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT lf the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contraclor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the FederalWater Pollution Control Act as amended (33 U.S.C. 1251-1387), and will reporl violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30)SUSPENSION ANO OEBARMENT lf the Sub-Recipient, with the funds authorized by this Agreement, enters into a contracl, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. S 180.995), or its affiliates (defined at 2 C.F.R. S 180.905) are excluded (defined at 2 C.F.R. S 180,940) or disqualified (defined at 2 C.F.R. S 180.935). ii. The contraclor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement lo comply with these regulations in any lower tier covered transaction it enters into. 24 @ iii. This certification is a material representation of fact relied upon by the Oivision. lf it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (3,1 )BYRD ANTI-LOBBYING AMENOMENT lf the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment,3l U.S.C. $ 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempling to influence an officer or employee ol any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal conlract, grant, or any olher award covered by 3'l U.S.C. S 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Recipient. (32)CONTRACTING wlTH SMALL AND MINORITY BUSINESSES. WOI\,lEN'S BUSINESS ENTERPRISES. AND LABOR SURPLUS AREA FIRMS a. lf the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. 5200.321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever oossible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenevgr they are polential sources; 25 @ iii. Dividing total requirements, Whg!_Cgg!9lqigA[[lEegiUlg, into smaller tasks or quantities to permit maximum participation by small and minorily businesses, and women's business enterprises; iv. Establishing delivery schedules, Wh9@lheleg.g.[q!!.9d-pqEjlg, which encourage participation by small and minority businesses, and women's business enlerprises; v. Using the services and assistance, es3pplgpligtg, of such organizations as the Small Business Administration and the Minority Business Oevelopment Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the afllrmative steps listed in paragraphs (a) through (e) of this section. b. The requirement outlined in subparagraph a. above, sometimes referred to as 'socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out Ald dgggMd the six affirmative steps identified above. c. The "socioeconomic contracting' requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller lasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single proiect down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.9. "project splitting"). (33)ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 26 @ lN WITNESS WHEREOF, the parties heTeto have executed this Agreernent. SIIELBEC.IPIENI: CoIUEB-caullI.Y Name and tille: Pennv Tavior. Chairman Date: F1D#L94.0.0.Q!58_ lnclude a copy of the designation of authority for the signatory, if applicable. ATTEST: Dwight E. Brock, Clerk Deputy Clerk STATE OF FLORIOA DIVISION OF EMERGENCY MANAGEMENT By: Name and TitLe:--------------- ilr iQI Date: Approved as to Form and Legality ffi'.aAssistantcountyAtt".", )tla\t' 27 EXHIBIT - ,I THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB.RECIPIENT UNDER THIS AGREEMENT: NOTE: lf the resources awarded to the Sub-Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Federal agency: U.S. Department of Homeland Security, Federal Emergency Management Catalog of Federal Oomestic Assistance title and number: 97.067 Award Amount: $ Z7--3@ THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWAROED UNDER THIS AGREEMENT: NOTE: lf the resources awarded to the sub-Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in lhe same manner as shown bolow. Federal Program: List applicable compliance requirements as follows: 1. First applicable comptiance requiremenl: sub-Recipient is to use funding to perform eligible activities as identified fY 2017 Department of Homeland Security Notice of Funding Opportunity. 2. Second applicabte compliance requirement (e.g., eligibility requirements for Sub-Recipients ot the resources: Sub-Recipient is subject to all administrative and linancial requirements as set forth in this Agreement or will not be in compliant with the terms of the Agreement. 3. Third applicable requirement: Sub-Recipient must comply with specific laws, rules, or regulalions that pertain to how the awarded resources must be used or how eligibility determinations are to be made. NOTE: 2 C.F.R. Part 2OO, and Section 215.97(5Xa), Florida statutes, require that the information about Federal Programs and state Projects included in Exhibit 1 be provided to the sub-Recipient. (ur-'\9, 28 Attachment A PROPOSED PROGRAM BUDGET Below is a general budget which outlines eligible categories and their allocation under this award. The Sub-Recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. The list consists of 21 equipment categories divided into sub-categories, tertiary categories, and then individual equipment items. The AEL can be found at http ://www.fe ma.qov/authorized-eq u i pment-list. The transfer of funds between the categories listed in the "Proposed Program Budget" is permilted. However, the transfer of funds between Issues is strictly prohibited. lssue 20 - All Hazards lncident Training Management and Administration (up to 5%) 29 COLLIER COUNTY @ BUDGET DETAIL WORKSHEEET 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'. lf any changes need to be made to the 'Budget Detail Worksheef', gllgl the execution of this agreement, contact the Granl Manager listed in this agreement via email or letter. Developing hazard/threat-specific annexes thal incorporate lhe range of prevenlion, prolection, response, and recovery activities Developing and implementing homeland sec!rity s!pport programs and adopting ongoing DHS national initialives Developing relaled lenorism and other calasfophic event prcvenlion Developing and enhancing plans and prolocols Developing or conducting assessments Hiring of full or parl{ime staff or contractors/consultants lo assist with planning activities (not for the purpose ol hiring public satety personnel fulfilling traditional public safety duties) Materials required to conduct planning aclivities Travel/per daem related to planning aclivitaes Overtime and bacmll costs (in accordance with operational Cosl GLridancet lssuance of WHTI-compliant Tribal identillcation cards Aclivities lo achieve planning inclusive of people with dasabilities and others with access and funclional needs Coordination wilh Citizen Corps Councils for public infomatiorveducation and develooment of voluntee16 Updale govemance structuros and pocess and plans for emergency communications Aclivities to achieve planning inclusive of people with limited English orcficiencv Overtime and backfillfor emergency preparedness and response personnel attending DHs/FEMA-sponsored and approved training classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FE[.'!A training Training Workshops and Confercnces 'l I 12,305 15,000 12,305 15,000 Activities lo achieve training inclusive of people with disabilities and others with access and functional needs Full or Part-Time Stafi or Conkactors/Consullants Certiflcalion/Recertification of I nstructors 30 Allowable Planning Costs Quantity Unit Cost Total Cost TOTAL PLANNING EXPENDITURES $ Allowable Training Costs Quantity Unlt Cost Travel Supplies are items lhal are e)eendod or consumed during the course of the planning and conduct ofthe exercise projecl(s) (e.9., copying paper, gloves, tape, non-sleile masks, and disposable protective equipment). lnstructor certirlcationke-certif ication Coordination with Citizen Corps Councils in conducting training lnteroperable communications lraining Activilies to achieve training inclusive of people with limited English omficiencv (HSGP and LETP)Quantity Unit Cost Reimbursement for selecl opelalional expenses associated with increasod security measures at critical infrastructure siles incu(od (up lo 50 percent of th6 allocalion) Overtimo for information, investigative, and intelligenco sharing activities (up lo 50 percent ofthe allocation) Hiring of new staff positions/cont€ctors/consultants for parlicipation in informatiorvintelligence analysis and sharing groups or fusion center activities (up to 50 percent of the allocation) TOTAL ORGANIZATIONAL EXPENOITURES $ Design, Develop, Conduct and Evaluale an Exercise Exercise Planning Workshop - Granl lunds may be used to plan and conduct an Exercise Planning Wo*shop to include costs related to planning, meeling space and olher meeting costs, facilitation costs, malerials and supplies, travel and exercise plan development. Fullor Part-Time Staff or Contractors/Consultants _ F!ll or pad_tame staff may be hired to support exercise-related activities. Payment of salaries and fringo beneflts must bo in accordance with the policies of the state or local unit(s) of government and have lhe approval ot the slate or lhe awarding agency, whichever is applicable. The services of contraclors/consultants may also be procured to support tho design, development, conduct and evaluation of CBRNE exercises. The applicant's formalwritten procurement policy or lhe Federal Acquisition Regulations (FAR) must be followed. Overlime and backfill costs - Overtime and backfill costs, including expenses for part{ime and voluntser emergency response personnel participating in FEMA exercises lmplementation of HSEEP Activities to achieve exercises inclusive of people with disabilities and olhers with access and functional needs 3l TOTAL TRAINING EXPENDITURES $27,305 Total Cost Allowablo Exercise Cosls Quantity Unlt Cost Totalcost Travol - Travel costs (i.e., airfare, mileage, per diem, hotel, elc.) are allowable as expenses by employees who ar€ on travel siatus for official business related to tho planning and conduct ofthe exsrcise projecl(s). These costs must be in accordance with state law as highlighted in lhe OJP Financial Guide. States must also follow state regulations regarding travel. lf a stato or lerritory does not have a travel policy they must follow federal guidelines and rates, as explained in lhe OJP Financial Guide. For furthor informalion on tederal law pertaining lo travel costs please refer to httor/w\ivw.oio.usdoi.oov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course ofthe planning and conduct of the exercise poect(s) (e.9., copying paper, gloves,lapo, non-sterile masks, and disposable proteclive equipment). lnteroperable communicalions exercises Ellgible Equipment Acqulsition Costs Th€ table below highlights tho allowable equipment categgries for this award. A comprehensive listing of th€se allowable equipment categories, and speciflc oquipment eligible under each category, are listed on the wob'based version ofthe Authorized Equipment List (AEL) at@. Quantity Unit Cost Total Cost Personal protec'tive equipmont Exp'osive dovice mitigation and remediation equipment CBRNE oporational search and rcscuo equipment lnfomation technology Cybersecurity enhancement equipment lnteroperablo communicalions equipment Detection Equipment Decontamination Equipment l\-ledical supplies CBRNE lncidont Rosponse V€hiclos Tenorism lncidenl Prevention Equipment Power equipment ($ngrators, battgries, povrer oells) 32 TOTAL EXERCISE EXPENDITURES $ CBRNE Roference Materials Physical Security Enhancement Equipment lnspection and Screening Systems Animal and Plants CBRNE Prevention and Response watercraft CBRNE Aviation Equipment CBRNE Logistical Support Equipment lntervention Equipment 5nyconstructionorrenovationcostsinthiscategory;Writtenapprovalmustbe provided by FEMA prior to the use of any fu4ds foLcpngquction or renovation) TOTAL EQUIPMENT EXPENDITURES $ Eligible Management and Administration Costs Quantity Unit Cost Total Cost Hiring of full-time or part{ime staff or contractors/consultants: to assist with the management of the respective grant program; application requirements, and compliance with reporting and data collection requirements Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls 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. ln 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.9., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal lnsurance Contributions Act (FICA). Workers' Compensalion and Unemployment Compensation. Travel expenses Meeting-related expenses (For a complete list of allowable meeting- related expenses, please review the OJP Financial Guide al http://www.ojp. usdoj. gov/FinGuide). Authorized office equipment: including personal computers, laptop computers, printers, LCD pro.iectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. JJ r*\s, Tho following are allowable only wilhin the agreement period: Recuning feercharges associated wilh certain equipmenl, such as cell phones, faxes. Leasing and/or renting ofspace for newly hired personnelto administer programs within the granl program. TOTAL EXPENDITURES s27,305.00 6\\sll 34 TOTAL M&A EXPENDITURES $ ATTACHMENT B SCOPE OF WORK Sub-Recipients must comply with all the requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Funding is provided to perform eligible activities as identified in the Domestic Homeland Security - Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2017 Homeland Security Grant Program (HSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: l. lssue and Project Description - lssue 20 - All Hazards lncident iianagement Training: The All Hazard Training project will provide a consistent standard and level of lncident Command Training to maintain a highly qualified response team from all disciplines to assist upon request to local, county, regional and state governmenl. ll. Categories and Eligiblo Activities FY 2017 allowable costs are divided into the following categories for this agreement: Planning, Organizational, Exercise, Training, Equipment and Management and Administration. Each category's allowable costs has been listed in the "Budget Detail Worksheet" above. A. Allowable Planning Relatod Costs SHSP funds may be used for a range of emergency preparedness and management planning activities and such as those associated with the development of the THIRA, SPR, continuily of operations plans and other planning activities that support the Goal and placing an emphasis on updating and maintaining a current EOP that conforms to the guidelines outlined in CPG 101 v 2.0. . Oeveloping hazard/threafspecific annexes that incorporate the range of prevention, protection, response, and recovery activities. . Developing and implementing homeland security support programs and adopting DHS/FEMA national initiatives.. Developing related terrorism and other catastrophic event prevention activities. o Developing and enhancing plans and protocols. . Developing or conducting assessments.. Hiring of full- or part-time staff or contracvconsultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfllling traditional public safety duties). . Materials required to conduct planning activities. . Travel/per diem related to planning activities. . Overtime and backfill costs (in accordance with operational Cost Guidance) . lssuance of WHT|-compliant Tribal identification card. . Activities to achieve planning inclusive of people with disabilities. . Coordination with Citizen Corps Councils for public informalion/education and development of volunteer Programs.. Update governance structures and processes and plans for emergency communications . Activities to achieve planning inclusive of people with limited English proficiency Additional Planning I nformation 35 €i\j.1/ FEMA's National Preparedness Oirectorate (NPO) offers technical assistance (TA) that is designed to provide Recipients and Sub-Recipients with specialized expertise to improve their emergency plans and planning. TA deliveries are designed specilically to improve and enhance the continuing development of state and local emergency management across lhe five mission areas of the National Preparedness Goal and across all core capabilities. TA provides the opportunity to engage emergency managers, emergency planners, and appropriate decision-makers in open discussion of options to improve plans and planning in light of their jurisdiction's needs. There is no cost to approved jurisdictions for OHS/FEMA TA. TA deliveries combine current emergency management best practices with practical consideration of emerging trends, lhrough discussion facilitated by DHS/FEMA conlract specialists and with the support of FEMA Region operational specialists. Whlle the invitation of participants is up to the requesting jurisdiction, DHS/FEMA encourages requesting jurisdictions to include the broadest practical range of its emergency managers and planners in all TA deliveries. TA deliveries should be made open to neighboring jurisdictions. As necessary, OHS/FEMA may also invite other Federal experts and practitioners to parlicipate. Additionally, peer-tGpeer representation may also be included from other jurisdictions that have recently used TA for the same Planning issue. The TA catalog, showing the full range of TA available across all tive mission areas and by all providers, and the TA request form can be accessed at http://www.fema.gov/national-incident- management-system/fema-technical-assistance-division. B. Allowable Organization Rolated Costs (SHSP and UASI Only) Organizational activities include: . Program management; . Oevelopment of whole community partnerships, through groups such as Citizen Corp Councils; . Slructures and mechanisms for information sharing between the public and private seclor; . lmplementing models, programs, and workforce enhancement initiatives to address ideologically-inspired radicalization to violence in the homeland; o Tools, resources and activities that facilitate shared silualional awareness between the public and private sectors; . Operational Support; . Utilization of standardized resource management concepls such as typing,inventorying, organizing, and tracking to facilitate the dispatch, deployment, and recovery of resources before, during, and atter an incident; . Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event; and . Paying salaries and benefits for personnel to serve as qualifled intelligence analysts states and urban Areas must justify proposed expenditures of SHSP or UASI funds to support organization activities within their lJ submission. All SMs are allowed to utilize up to 50 percent (50%) oflneir SHSp funding and all Urban Areas are allowed up to 50 percent (50%) of their UASI funding for personnel costs. At the request of a Sub-Recipient of a grant, the FEMA Administrator may grant a waiver of the 50 percent (50%) limitation noted above. Request for waivers to the personnel cap must be submitted by the SAA to GPD in writing on oflicial letterhead, with the following information: . Oocumentation explaining why the cap should be waived; . Conditions under which the request is being submitted; and 36 A budget and method of calculation pf personnel costs both in percentages of award and in total dollar amount. To avoid supplanting issues, the request include a three year staffing history for the requesting entity. Organizational activities under SHSP and UASI include: . lntelligsnce Analysts. Per the Personnel Reimbursement for lntelligence Cooperalion and Enhancement (PRIQE) ot Homeland Security Act (Public Law 1 10-412), SHSP and UASI funds may be used to hire new staff and/or contractor positions to serve as intelligence analysts to enable information/intelligence sharing capabilities, as well as support existing intelligence analysts previously covered by SHSP or UASI funding. ln order to be hired as an intelligence analyst, staff and/or contractor personnel must meet at least one of the following criteria: o Successfully complete training to ensure baseline proficiency in intelligence anal),sis and production within six months of being hired; and/or,o Previously served as an intelligence analyst for a minimum of two years eilher in a Federal intelligence agency, the military, or State and/or local law enforcement intelligence unit. As identified in lhe Maturation and Enhancement ot State and Maior Urban Area Fusion Centers priority, all fusion center analytic personnel must demonstrate qualifications that meet or exceed competencies identilled in the Common Competencies for State, Local, and Tibal lntelligence Analysts, which outlines the minimum categories of training needed for intelligence analysts. A certificate of completion of such training must be on lile with the SAA and must be made available to the granlee's respective Headquarters Program Anal),st upon request. ln addition to these training requirements' fusion centers should also continue to mature their analytic capabilities by addressing gaps in analytic capability identified during the fusion center's annual assessment. . Overtime Costs. Overtime costs 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 activities, including anti- terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by the i/aritime Transportation Security Act of 2002), DHS Border Enforcement Security Task Forces, and lntegrated 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 JTTF payments to state and local agencies) has been exhausted. Under no circumstances should OHS/FEi/A grant funding be used to pay for costs already supported by funding from anolher federal source. . Operational Ovortime Costs. Operational overtime costs. ln support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism, operational overtime cosls are allowable for increased security measures at critical infrastructure sites. SHSP or UASI funds for organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastructure sites in the following authorized categories: o Backfill and overtime expenses for staffing State or Major Urban Area fusion cenlers;o Hiring of contracted security for critical infrastructure sites; o Partiaipation in Regional Resiliency Assessment Program (RRAP) activities; o Public safety overtime; the grant must also 37 rs\9/ Title 32 or State Active Outy National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package (Note: Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package); and lncreased border security activities in coordination with CBP. SHSP or UASI funds may only be spent for operational overtime costs upon prior approval provided in writing by the FEi/A Administrator per the instructions in lB 379. Allowable Organization Relatod Costs (OPSG) . Operational Overtime CosB. OPSG funds should be used for operational coordination between federal, state, local, tribal, and territorial law enforcement activities, in support of border law enforcement agencies for increased border security enhancement. At the request of a Sub-Recipient of a grant, the FEMA Administrator may grant a waiver of the 50 percent (50%) personnel cap. Waiver decisions are at the discretion of the FE[/A Administrator and will be considered on a case-by-case basis. A formal OPSG pelsonnel waiver should: o Be requested on official letterhead, include a written justification, and be signed by local jurisdiction; o lnclude a budget and method of calculation of personnel costs both in percenlage of the grant award and in total dollar amount.o lnclude an approved Operations Order from the USBP Sector oflice which supports the local jurisdiction's written justification; and o Be coordinaled with the USBP Sector, SAA and OBP. . Personnel: OPSG funds may be used to pay additional current part time law enforcement personnel salaries in order to bring them to temporary full time status.. OPSG funds may support a Governor's request to activate, deploy, or redeploy specialized National Guard Units/Package and/or elements of state law enforcement to increase or augment specialized/technical law enforcemenl elements' operational activities.. Costs associated with backfill for personnel supporting operational activities are allowable. . OPSG grant funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub-Recipients may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. o Travel, Per Diem, and Lodging: Travel and per diem include costs associated with the deploymenvredeployment of personnel to border areas and for travel associated with law enforcement entities assisting other local jurisdictions in law enforcement activities. ln addition, costs to support up to six months deployment of law enforcement personnel to critical Southwest Border locations to support operalional activities (travel costs must be in accordance with applicable travel regulations). Law Enforcement Terrorism Prevention (LETP) Activities Allowable Costs (SHSP and UASI) LETP Activities eligible for use of LETPA focused funds include but are not limited to: . Maturation and enhancement of designated state and major Urban Area fusion centers, including lnformation sharing and analysis, threat recognition, lerrorist interdiction, and training/ hiring of intelligence analysts; . Coordination between fusion centers and other analytical and investigative etforts including, but not limited to Joint Terrorism Task Forces (JTTFS), Field lntelligence Groups (FlGs)' High 38 6\sY lntensity orug Trafficking Areas (HloTAs), Regional lnformation Sharing Systems (RISS) Centers, criminal intelligence units, and real-time crime analysis centers;. lmplementation and maintenance of the Nationwide SAR lnitiative, including training for front line personnel on identifying and reporting suspicious activities; and. lmplementation of the "lf You see Something, Say Something' campaign to raise public awareness of indicators of terrorism and terrorism-related crime and associated efforts to increase the sharing of information with public and private sector partners, including nonprofit organizalions. C. Allowable Exsrcise Rolated Costs Exercises conducted with grant funding should be managed and conducted consistent with HSEEP. HSEEP guidance for exercise design, development, conduct, evaluation, and improvement planning is located at https:/hvww.fema.gov/exercise. . Design, oevelop, Conduct, and Evaluate an Exercise. Exercise Planning Wrokshop. Full- or partlime staff or contractors/consultants. Overtime and backfill costs, including expenses for part-time and volunteer emergency Response personnel participating in DHS/FEMA exercise . lmplementation of HSEEP. Activities to achieve exercises inclusive of people with disabilities. Travel. Supplies associated with allowable approved exercisesr lnteroperablecommunicationsexercises Additional Exercise lnformation Sub-Recipients that decide to use HSGP funds to conducl an exercise(s) are encouraged to complete a progressive exercise series. Exercises conducted by states and Urban Areas may be used to fullill similar exercise requirements required by other grant programs. Sub-Recipients are encouraged to invite representatives/planners involved with other Federally-mandated or privale exercise activilies. States and Urban Areas are encouraged to share, at a minimum, the multi-year training and exercise schedule with lhose departments, agencies, and organizations included in the plan. . Exercise Scenarios. The scenarios used in HScP-funded exercises must be based on the state/Urban Area's THIRA and SPR. The scenarios used in HSGP-funded exercises must focus on validating capabilities, must 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. Exercise scenarios should align with priorities and capabilities identified in the Multi-year TEP. Speciat Event Planning.lt a state or Urban Area will be hosting a special event (e.9., 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 TEP. 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 maior venues (e.9., arenas, convention centers) that focus on evacuations, communications, and command and conlrol. Regional Exercises. 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 TEP. 39 /f,I 1,;\!.i/ . Role of Non-Governmental Entities in Exercises. Non-governmental participation in all levels of exercises is strongly encouraged. Leaders from non-governmental entities should be included in the planning, design, and evaluation of an exercise. State, local, Tribal, and territorial jurisdictions are encouraged to develop exercises that test the integration and use of non-governmenlal resources provided by non-governmental entities, defined as the private sector and private non-prolit, faith-based, community, participation in exercises should be coordinated with the local Citizen Corps Council(s) or their equivalent and other partner agencies. FDEM State Training Office conditions for Exercises: For the purposes of this Agreement, any exercise which is compliant with HSEEP standards and contained in the State of Florida (and County or Regional) MYTEP qualifies as an authorized exercise. The Sub-Recipient can successfully complele an authorized exercise either by attending or conducting that exercise. . ln order to receive paymenl for successfully attending an authorized exercise, the Sub- Recipient must provide the Division with a certificate of completion or similar correspondence signed by the individual in charge of the exercise; additionally, the Sub-Recipient must provide the Division with all receipts that document the costs incurred by the Sub-Recipient in order to attend the exercise. . ln order the receive payment for successfully conducting an authorized exercise, the Sub- Recipient must provide the Oivision with an EXPLAN, AAR/IP, IPC/MPC/FPC Meeting l\ilinutes and Sign-in Sheet for exercise attendees; additionally, the Sub-Recipient must provide the Division with all receipts that document the costs incurred by the Sub-Recipient in order to conduct the exercise.Ihe Sub-Recipient m/ft include with the reimbursement package a separate copy of the page(s) from the Exercise Plan which identities the participant agencies and a printed page(s) from the State (and County or Regional) MYTEP retlocting the e xercise. . lf you require food/water for this event, request must come to the Division within 25 days of event in the following format: Exercise Tille: Localion: Exercise Date: Exercise Schedule: Estimated Number of Participants that will be fed: Estimated Cost for food/water: Description of the Exercise: Unauthorized Exercise costs. Reimbursement lor the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles), medical supplies, and emergency response apparatus (e.9., fire trucks, ambulances). . Equipment that is purchased for permanent installation and/or use, beyond the scope of the conclusion of the exercise (e.9., electronic messaging signs). D. Allowable Training Related Costs (SHSP and UAsl) Allowable training-related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP and UASI programs and/or in conjunction with emergency preparedness training by other Federal agencies (e.9., HHS and DOT). Training conducted using HSGP funds should address a performance gap identified through an AAR/lP or other assessments (e.g., National Emergency Communications Plan NECP Goal Assessments) and contribute to building a 40 capability that will be evaluated through a formal exercise. Any training or training gaps, including those for children, older adults, pregnant women, and individuals with disabilities and others who also have or access and functional needs, should be identified in the AAR/IP and addressed in the state or Urban Area training cycle. Sub-Recipients are encouraged to use existing training rather than developing new courses. When developing new courses, Sub-Recipients are encouraged to apply the Analysis, Design, Development, lmplementation and Evaluation model of instructional design using the Course Development Tool. . Overtime and backfill for emergency preparedness and response personnel attending DHS/FEi/A-sponsored and approved training classes. Overtime and backllll expenses for part{ime and volunleer emergency response personnel participating in DHS/FEMA training. Training workshops and conferences. Activities to achieve training inclusive of people with disabilities. Full- or part-time staff or contractors/consultants. Travel. Supplies associated with allowable approved training that are expended or consumed during the course of the planning and conduct of the exercise project(s) . lnstructorcertification/re-certification. Coordination with Citizen Corps Councils in conducting training exercises. lnteroperablecommunicationstraining Additional Training lnformation Per DHS/FEMA Grant Programs Oirectorate Policy FP 207-00&064-1, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, issued on September 9, 2013, states, territories, Tribal entities and urban areas are no longer required to request approval from FEMA for personnel to attend non-DHS FEMA training as long as the training is coordinated with and approved by the state, territory, Tribal or Urban Area Training Point of Contact (TPOC) and falls within the FEMA mission scope and the jurisdiction's Emergency Operations Plan (EOP). The only exception to this policy is for Countering Violent Exlremism courses. OHS/FEMA will conduct periodic reviews of all state, territory, and Urban Area training funded by DHS/FEMA. These reviews may include requests for all course materials and physical observation of, or participation in, the funded training. lf these reviews determine lhat courses are outside the scope of this guidance, Sub-Recipients will be asked to repay grant funds expended in support of those etforls. For further information on developing courses using lhe instructional design methodology and tools that can facilitate the process, SAAS and TPOCS are encouraged to review the NIEO Responder Training Development Cenler (RIDC) website. OHS/FEMA Provided Training. These trainings include programs or courses developed for and delivered by institutions and organizations funded by DHS/FEMA. This includes the center for Domestic ireparedness (COP), the Emergency Management lnstitute (EMl), and the National Training and Education Division's (NTED) training partner programs including, the continuing Trainin6 Grants, the National Domestic Preparedness Consortium (NDPC) and the Rural Domestic Preparedness Consortium (ROPC). ApprovedstateandFederalsponsoredcoursecata/ogue.Thiscataloguelistsstateand i6f,"ot ipon.or"o courses thatiall within the OHS/FEMA mission scope, and have been . . "ppar"Oit rorgt the FEirlA course review and approval process An updated version of this caialog can be accessed at: www.firstresoondertrainino oov' 4t G\\!1./ Training Not Provided by DHS/FEMA. These trainings includes courses that are either state sponsored or Federal sponsored (non-DHS/FEMA), coordinated and approved by the SAA or their designated TPOC, and fall within the DHS/FEMA mission scope to prepare state, local, Tribal, and territorial personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. . State Sponsored Courses. These courses are developed for and/or delivered by institutions or organizations other than Federal entities or FE[.4A and are sponsored by the SAA or their designated TPOC.. Joint Training and Exercises with the Public and Private Sectors. These courses are sponsored and coordinated by private sector entities to enhance public-private partnerships for training personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. Overtime pay for first responders and emergency managers who participate in public-private training and exercises is allowable. ln addition, States, territories, Tribes, and Urban Areas are encouraged to incorporate the private sector in government-sponsored training and exercises. Additional information on both OHS/FEi/|A provided training and other federal and state training can be found at: U4 4ry1[Sjesp.9!.d9 9.9.9.y.. Training lnformation Reporting System ("Web-Forms"). Web-Forms is an electronic form/data management syslem built to assist the SAA and its designated State, territory and Tribal Training Point of Contact (TPOC). Reporting training activities through Web-Forms is not required under FY 2017 HSGP, however, the system remains available and can be accessed through the FEMA Toolkit located at http://www.firstresoondertrainino.qov/admin in order to support grantees in their own tracking of training. FDEM State Training Office conditions: For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub- Recipient can successfully complete an authorized course either by attending or conducting that course. ln order to receive payment for successfully attending an authorized training course, the Sub- Recipient must provide the Division with a certificate of course completion; additionally, the Sub-Recipient must provide the Division with all receipts that document the costs incurred by the Sub-Recipient in order to attend the course. ln order the receive payment for successfully conducting an authorized course, the Sub- Recipient must provide the Division with the course materials and a roster sign-in sheet; additionally, the Sub-Recipient must provide the Division with all receipts that document the costs incurred by the Sub-Recipient in order to conduct the course." For courses that are non-DHS approved kaining, Sub-Recipient must request approval to conduct training through the use of the Non-TED Form and provide a copy, along with email, showing approval granted for conduct. For the conduct of training workshops, Sub-Recipient must provide a copy of the course materials and sign-in sheets. The number of participants must be a minimum of 15 in order to iustify the cost of holding a course. For questions regarding adequate number of participants please contact the FDEtvl State Training Officer for course specific guidance. Unless the Sub-Recipient receives advance written approval from the State Training Officer for the number of participants, then 42 the Division will reduce the amount authorized for reimbursement on a pro-rala basis for any training with less than 15 participants. . The Sub-Recipient must include with the reimbursement package a separate copy of the page(s) from the State (and County or Regional) MYTEP reflecting the training. E. Allowable Equipment Related Costs (SHSP and UASI) The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web-based version of the Authorized Equipment List (AEL) on htto://www.fema.qov/authorized-eouipment-list. Unless otherwise staled, equipmenl must meet all mandatory regulatory and/or DHS-adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certillcations and licenses for the requested equipment. Grant funds may be used for the procurement of medical countermeasures. Procurement of medical countermeasures must be conducted in collaboration with State/city/local health departments who administer Federal funds from HHS for this purpose. Procurement must have a sound threat based justification with an aim to reduce the consequences of mass casualty incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals, grantees must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. Grantees are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year's period of performance for HSGP. The cost of disposal cannot be carried over to another FEMA grant or grant period. The equipment, goods, and supplies ('the eligible equipment") purchased with funds provided under lhis agreement are for the purposes specified in "Florida's Oomestic Security Strategy". Equipment purchased with these funds will be utilized in the event of emergencies, including, but not limited to, terrorism-related hazards. The Sub-Recipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed location within two (2) hours of a request for said deployment. The Florida Division of Emergency Management (FDEM) must approve any purchases of equipment not itemized in a project's approved budget in advance of the purchase. The Sub-Recipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Domestic Security Strategy," ensure that all equipment purchased with these funds is used to respond to any and all incidents within its regional response area as applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FDEI\4 will take prudent and appropriate action to determine that the level or intensity of the incident iS Such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. The Sub-Recipient shall notify the FDEM Offlce of Domestic Preparedness at: 2555 Shumard Oak Btvd., Tallahassee, Florida 32399 one year in advance of the expiration of the equipment's posted shelf-life or normal life expectancy or when it has been expended. The Sub-Recipient shall notify the FDEM immediately if the equipment is destroyed, lost, or stolen. Equipment (OPSG) . Equipmsnt Marking. Equipment purchased with oPSG funding is intended to be used to support Operation Stonegarden activities; it must be appropriately marked to ensure its 43 G)\!,/ ready identification and primary use for that purpose. When practicable, any equipment purchased with OPSG funding shall be prominently marked as follows: "Purchased with OHS funds for Operation Stonegarden Use". . Fuel Cost and/or Mileage ReimbuBament. There is no cap for reimbursement of fuel and mileage costs in supporl of operational activities. . Vehicle and Equipmo nt Rentals. Allowable purchases under OPSG include patrol cars and other mission-specific vehicies whose primary use is lo increase operational activities/patrols on or near a border nexus in support of approved border security operations. A detailed justification must be submitted to SAA prior to purchase. controlled Equipment (sHsP, UASI, and OPSG) Grant funds may be used for lhe purchase of Controlled Equipment; however, because of the nature of the equipment the potential impact on the community, there are additional and specific requiremenls in order to acquire this equipment. Refer to lB 407a: Use of Grant Funds for Controlled Equipment. F. Management and Administration (M&A) - Management and administration (M&A) activities are those directly relating to the management and administration of HSGP funds, such as financial management and monitoring. Sub-Recipients awarded M&A costs under lhis agreement can relain a maximum of up to 5% of their total agreement award amount for M&A costs. M&A activities includes:o Hiring of fulFtime or part-time staff or contractors/consullants:. 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. G, Procurement All procuremenl transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: o 2 C.F.R. Part 200;. Chapter 287, Florida Statues; and,. any local procurement policy. To the extent that one standard is more stringent than another, the Sub-Recipient must follow the more stringent standard. For example, if a State statute imposes a stricter requiremenl than a Federal regulation, then the Sub-Recipient must adhere to the requirements of the State statute. The Division shall pre-approve all scopes of work for projects funded under lhis agreement. Additionally, the Sub-Recipient shall not execute a piggy-back contract unless lhe Oivision has approved the scope of work contained in the original contract that forms the basis for the piggy-back contract. Also, in order to receive reimbursement from the Oivision, the Sub- Recipient must provide the Oivision with a suspension and debarment form for each vendor that performed work under the agreement. Furthermore, if requested by the Division, the Sub- Recipient shall provide copies of solicitation documents including responses and justilication of vendor seleclion. H. Piggy-backing 44 rs\9/ The practice of procurement by one agency using the agreemenl of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The existing contract must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the new contract, including the scope of work, must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contracl in scope or volume of goods or services. An agency may not use the preexisting contract merely as a "basis to begin negotiations' for a broader or materially different contract. Section 215.971, Florida Statutes Statutory changes enacted by the Legislature impose additional requirements on grant and Sub-Recipient agreements funded with Federal or State financial assistance. ln pertinent part, Section 215.97'l (1 ) states: ' An agency agreement that provides state financial assistance to a Recipient or Sub-Recipient, as those terms are defined in s. 215.97, or that provides federal financial assistance to a Sub-Recipient, as defined by applicable United States Office of Management and Budget circulars, must include all of the following: . A provision specifying a scope of work that clearly establishes the tasks that the Recipient or Sub-Recipient is required to perform. . A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. . A provision specifying the financial consequences that apply if the Recipient or Sub- Recipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub-Recipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. . A provision specifying that a Recipient or Sub-Recipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. . A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. . A provision specifying that any funds paid in excess of the amount to which the Recipient or Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. . Any additional inlormation required pursuant to s. 215.97. Overtim6 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 45 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, ln 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.9., l:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Requests for overtime or backfill musl be reduced by the numberofhours ofleave taken in the pay period. For the purposes of this agreement, leave and pay period are defined according to the Fair Labor Standards Act (FLSA). Failure to comply Failure to comply with any of the provisions outlined above shall result in disallowance of reimbursement for expenditures. Unallowable Costs (SHSP, UASI and OPSG) Per FEMA policy, the purchase of weapons and weapons accessories is not allowed with HSGP. J. Reporting Rsquirements l. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within thirty (30) days after the end of the reporting periods (March 31 , June 30, September 30 and December 31 ) for the life of this contract.. lf a report(s) is delinquent, future financial reimbursements will be withheld until the Sub-Recipient's reporting is current.. lf a report goes two (2) consecutive quarters without Sub-Recipient reflecting any activity and/or no expenditures will likely result in termination of the agreement. Programmatic Reporting-BSIR Biannual Strateoic lmDlementation Report: After the end of each reporting period, for the life of the contract unless directed otherwise, the SAA, will complete the Biannual Skategic lmplementation Report in the Grants Reporting Tool (GRT) https://www.reoortinq.odo.dhs.oov. The reporting periods are January 1-June 30 and July 1-December 31 . Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at any time during the contract period. Reimbursements must be requested within ninety (90) calendar days of expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within ninety (90) calendars of expenditure shall result in denial of reimbursement. The Sub-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 2. 3. due to FDEM no laterthan 1 throuqh lvlarch 31 October 1 through December 3'l 46 Budget". A line item number is to be included for every dollar amounl listed in the "Detail of Claims" form. 4. Clo3e-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than sixty (60) calendar days after the agreement is either completed or lhe agreement has expired. K. Programmatic Point of Contact Contractual Point of Conta ct Programmatic Point of Contact Shelly Powell FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4356 shellv.oowell@em.myfl orida.com Katie Jones FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-21 00 (8s0) 81$4352 katie.iones@em.mvfl orida.com L. Contractual Responsibilities. The FDEM shall determine eligibility of projects and approve changes in scope of work.o The FDEM shall administer the financial processes. 47 rs\!t/ ATTACHMENT C DELIVERABLES AND PERFORMANCE State Homeland Security Program (SHSP): SHSP supports the implementation of risk driven, capabilities-based State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat and Hazard ldentification and Risk Assessments (THlRAs). The capability levels are assessed in the State Preparedness Reporl (SPR) and inform planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. Planning Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-Recipient for the actual cost of successfully completing Planning activities consistent with the guidelines contained in the Comprehensive Planning Guide CPG 10'l v.2. For additional information, please see htto://www.fema.oov/odflabouvdivisions/nDd/CPG '101 V2.odf or grant guidance (Notice of Funding Opportunity). For the purposes of this Agreemenl, any planning activity such as those associated with the Threat and Hazard identification and Risk Analysis (THIRA), State Preparedness Report (SPR), and other planning activities that support the National Preparedness Goal (NPG) and place an emphasis on updating and maintaining a current Emergency Operations Plan (EOP) are eligible. The Sub-Recipient can successfully complete a planning activity either by creating or updating such plan(s). Organization Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-Recipient for the actual eligible costs for Personnel, lntelligence Analysts, Overtime and Operational Overtime. Exercise Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-Recipient for the actual cost of successfully completing an exercise which meets the Department of Homeland Security Homeland Security Exercise and Evaluation Program (HSEEP) standards and is listed in A) the State of Florida Multi-Year Training & Exercise Plan (NiIYTEP), and B) County or Regional TEP for the region in which the Sub-Recipient is geographically Iocated. lnformation related to TEPS and HSEEP compliance can be found online at: htlpS/4WUL!!9.d!S!9VX!CCp. For the purposes of this Agreement, any exercise which is compliant with HSEEP standards and contained in the State of Florida MYTEP qualifies as an authorized exercise. The Sub-Recipient can successfully complete an authorized exercise either by attending or conducting that exercise. Training Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-Recipient for the actual cost of successfully completing a training course listed on the Department of Homeland Security (DHS) approved course catalog. For non-DHS approved courses the Sub-Recipient shall obtain advance FDEM approval using the Non-TED form by contacting their grant manager. The DHS course catalog is available online at: http://traininq.fema.qov/. For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub-Recipient can successfully complete an authorized course either by attending or conducting that course. Equipment Oeliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-Recipient for the actual cost of purchasing an item identified in the approved project funding template and budget of this agreement and listed on the DHS Authorized Equipment List (AEL). For the purposes of this Agreement, any item listed on the AEL qualilles as an authorized item. The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web-based version of the Authorized Equipment List (AEL) on the LeSSonSLearnedlnformationSyStemat@'lnaddition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. 48 Management Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-Recipient for the actual cost for i,4anagement and Administration (i/&A) activities. Costs for allowable items will be reimbutsed if incurred and completed within the period of performance, in accordance with the Scope of Work, Attachment B of this agreernent 49 fe]\9r ATTACHMENT D PROGRAM STATUTES AND REGULATIONS 1) Age Discrimination Act of 1975 42 U.S.C. S 6101 et seg. 2) Americans with Disabilities Act of 1990 42 u.s.c. 912101-122133) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) Chapter 252, EjprEls:Slalstlgs6) Tifle Vl of the civil Rights Act of 1964 42 u.s.c. s 2000 el seg. 7) Ti e Vlll of the civil Rights Acts of 1968 42 u.s.c. s 3601 et seq. 8) Copyright notice 17 U.S.C. SS 401 or 402 9) Assurances, Administrative Requirements and Cost Principles 2 C,F.R. Pan 200 10) Debarment and Suspension Executive Orders 12549 and '12689 11) Drug Free Workplace Act of 1988 41 U.S.C. S 701 et seq. 12) Ouplication of Benefits 2 C.F.R. Part 200, Subpart E 13) Energy Policy and Conservation Act 42 U.S.C. S 6201 14) False Claims Act and Program Fraud Civil Remedies 31 U.S.C. S 3729 also 38 U.S.C. S 3801-3812 15) Fly America Act of 1974 49 U.S.C. $ 41102 also 49 U.S.C. $ 40118 16) Hotel and Motel Fire Safety Act of 1990 15 U.S.C. S 2225a 17) Lobbying Prohibitions 31 U.S.C. S 1352 18) Patents and lntellectual Property Rights 35 U.S.C. S 200 et seq. 19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20) Terrorist Financing Executive Order 13224 2'1) Title lX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. S 1681 et seq. 22) Trafficking victims Protection Act of 2000 22 u.s.c. s 7104 23) Rehabilitation Act of 1973 Section 504, 29 U.S.C. S 794 24) USA Patriot Act ol 2001 18 U.S.C. g 175-172c 25) Whistleblower Protection Act 10 U.S.C. S 2409, 41US.C. 4712, and 10 U.S.C. 5 2324,41 U.S,C. S S 4304 and 4310 26) 53 Federal Register 8034 27) Rule Chapters 27P-6, 27P-'11 , and 27P-19, Florida Administrative Code 50 6\s,i/ ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: lf you are r€questing an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of$is requested. Balance of payments will bemadeon 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. lf you are requesting an advance, complete the following chart and line item iustification below. ESTIMATED EXPENSES LtNE ITEM JUSTIFICATION (For each line item, provide a detailed iustification explaining the need for the cash advance. The iustification must lnclude supporting documentation that clearly shows the advance will be expended within the first ninety (90) days ofthe Funding Agreement term. Supporting documentation should lnclude quotes for purchases, delivery timelineE, salary and expense projections, etc. to provide the Oivision reasonable and necessary support that the advance will be expended within the first ninety (90) days of the Funding Agreement term. Anyadvancefunds not expended within the first ninety (90) days of the contract term shall be returned to the DiYision Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20_-20_ Anticipated Expenditures for First Three Months (90 days) o, Funding Agreement E9@mpjg ADMINISTRATIVE COSTS (lnclude Secondary Administration.) For examole PROGRAM EXPENSES TOTAL EXPENSES 5l f.i)\9/ ATTACHMENT F WARRA}TTIES AND REPRESENTATIONS Financial lvlanaoement The Sub-Recipient's financial management system must comply with 2 C.F.R. 5200.302. Procu rem ents Any procurement undertaken wilh funds authorized by this Agreement must comply with the requirements of 2 C. F. R. S200, Part D-Post Federal Award Requirements-Procurement Siandards (2 C.F.R. SS200.31 7 through 200.326). Codes of conduct. The Sub-Recipient shall maintain written standards of conduct governing the performance ot its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration ol a contract supported by publac grant funds if a real or apparent confhct of interest would be involved. Such a conflict would arise when the emPIoyee, olficer, 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 indicaled, has a financial or other interest in the firm selected for an award. The otficers, employees, and agents of the Sub-Recipient shall neither solicit nor accept gratuities, favors, or anything of monetiary 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 oI the Sub"Recipient. Eusiness Hours The Sub-Recipient shall have its otfices open for business, with the entrance door open to the public, and at least one employee on site, from M-F 8-5 Licensino and Permittino All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-Recipient. I .:-,\9 52 ATTACHMENT G Subcontra ctor Covered Transactions (1) The prospective subcontractor of the Sub-Recipient, 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. Where the Sub-Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: Sub-Recipient's Name Name and Title FDEM Contract Number Street Address Project Number City, State, Zip l6\I arJ '. , i, Date 53 Certification Debarment, Suspension, lneligibility And Voluntary Exclusion ATTACHMENT H STATEMENT OF ASSURANCES All of the instructions, guidance, Iimitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award. All Sub-Recipients must comply with any such requirements set forth in the program NOFO. All Sub-Recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. All Sub-Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a Sub-Recipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. Sub-Recipients are required to comply with the requirements set forth in the government-wide Award Term regarding the System for Award Management and Universal ldentifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which incorporated here by reference in the terms and condilions of your award. All sub-Recipients must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounls, information, facilities, and staff 1 . Sub-Recipient must cooperate with any compliance review or compliant investigation conducted by the State Administrative Agency or DHS. 2. Sub-Recipient will give the State Administrative Agency, DHS or through any authorized representalive, access to and the right to examine and copy records, accounts, and books, papers, or documents related to the grant. 3. Sub-Recipient must submit timely, complete, and accurate reports to the FOEM and maintain appropriate backup documentation to support reports. Sub-Recipients should also comply with all other speciil reporting, data collection and evaluation requirements, as prescribes by law or detailed in program guidance. 4. lf, during the past three years, the Sub-Recipient has been accused of discrimination on the grounds of race, coloi, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the sub-Recipient must provide a list of all such proceedings, pending or completed, including . outcome and copies of settlement agreemenls to FDEM for forwarding to the DHS awarding office and the DHS Component. 5. ln the event a Federal or Slate court or Federal or State administrative agency makes a finding of discrimination afler a due process hearing on the Grounds of race, color, religion, national origin, sex, or diiabitity against a Sub-Recipient of fund;, the Sub-Recipient will forward a copy of the finding to the Ofiice for Civil Rights, Office of Justice Programs. 54 G) 6. Sub-Recipient will acknowledge their use of federal funding when issuing statements, press releases, and requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 7. Sub-Recipient will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. Sub-Recipient who receives awards made under programs that provide emergency communications equipment and its related activities must comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. 9. Sub-Recipient will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal granlor 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. '10. When original or replacement equipment acquired under this award by the Sub-Recipient is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from FDEM to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. 55 ru\\!l/ ATTACHMENT I MANDATORY CONTRACT PROVISION S Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix ll to 2 C.F.R. Part 200. lt is the responsibility of the Sub-Recipient to include the require provisions. The Division provides the following list of sample provisions that may be required: OMB Guidonce I 1: I I I ., , r'rl .: . r : I l' ' 1, I r i ',lr '.,: -il, : rLI:I : r,i' .t '. " r,tr. I' I , rLl,1., _ ::r rl:.1. ri i: l: r , i . l,l,r, f .. :. Ai), ll 195 f.j|\9/ 56 Pl. 20o, APP. lll oiher award coyor€d Ur 3l U.S.C. 136e. Erljb i,tor musr !150 allsrloso aav lohbvl!'r fith non-ledatrl fnfiLB that taxp5 plr.a ln .on- necllon stth ohtalaln, allv F8oeral lrild. Such 'll*losuris *.0 folra.rled llom il6r to i,ror up to i.ie Do[-F€doral arard.(Ii) S3€ lrm.339 Pror-'nrpmnnt of mcoYer€d APPE\E rx III To PART m0-I!iDrBr..r (P&A ) Cosrs lDE:lalrrcrrloN A-'{D Assrc\LF-yr, a-!aD RrrE DgtERML\rr-,t'lo.\ 5 0& I:rsrrnors oF [ltoEER nDUc-{'noN {IIlEar A. G6'ER L Thls rppondlr pm$lal&6 Ltltorti fo! ldpntl fJuc ald t)omplrtlng lodl.sct {or lniltrecti[&A]) Dei€6 3t l]l!k rtlstltuilons). hdlrect (p&Al !'o5Lr ar€ ibos. (.btt are hcuftod fo! commoa oa ,oltrl obj€{tlvrs,nd a}lmfottl oaonot b€ tdonr,loed rsri[l] ald $Ddcll'lcallyIll{,} a f,aruculrf spD$orod pmjoci,. atr l!- siructtolra, acuyltg, or rtrf olher lnsunu- tJonal rctl{ty. -544 3ut!4ctton B,l. n"ftnl- tlolr of frxllt 05 rrld Adrnulstteiron. for r dls{usslo,r o{ lte compoDsnlr o[ ltlrra*t t . ttojor f,rsclton, o[ ol Inrt ruo,l Rsferc to hltauciton. organl4d tE!€*-.h. oth€r sll()nsDre', acilvltlos rnd otbel lo.stlttt- ilolal a&tvltles 3f, iletlied tn r,hls sectlon:,. lnrlrttclloa meanii thP taeahns erd lrrlnlBg rall\ililQs of 8n tDsuiuilo!- llrcapt foa aeseircI! tralallg as pmvlalcd 1n sul)- anctlon t. r.hl5 lclm lDclsda. rll torchlng ind trsttrt!! ,.tl9ltl63. r]Gthar t]o, a]o oflerod for cmdlts lo*anl r degre€ or corilflqrto or o[ a Dol"atadlt brrls. ,.nd rhsthel thcy Aae sllered d!ou$ raguLr rcd€d{c daprrt" meat! or s€plaat! illYls1oDs. iucb ai r sum- msr s,:,.hool il1$lslor of ztn 6rt€rr:lo!, .ltrlsloD. -ltlsl) ('ooitalsmd parl oI tbls mriot luxrLlonare drpxrimeltdl rff..rch. it)d. rshere asrslil lo. unlYorsl!-v reseanch. {1, }p[!er.d lrstfi.dllol cnd lmli,ng tn.aos sDo{tftc lllstroctloDal oI irrlnlng &tl!,lis oE- rahltsherl i,y 8rrui. contta.r,. oa coop*rshve !gt{.rmcnt- For pufposrs o{ tbo cosl pnr- alpler, iits ai:Llutt mrt ba! consld0rod s mrjor fulcl1oE evsn tlou,lb all tlDntiutlon s a.ooullr,tog lrg:lLmoDt mrl llaludo tt !! abn la$trociloD funct,on-t|l llerxrl,,rEnlal re.raotcll morEs rEso4.*h. doYolopmer! anal s.irolarl!. rctlvltlas tbatern nol orgirn,rnl'l farsorrth rnd- a!D- lalUenalx. lrs aot s€Drral€ly budgeted 5,Dd &oourned lor. Da!*rEnontal ren€xrclr. fot ptfJEsss of titr docutnenn. ls Dot coasldsrnd a! a firajor futrruo!. but Is a p t of lia rD- structloD funccton of tb{ lrl;atl,uilo!. b- Orya,/.ad ,errorcl tnertlt all rssaaarl ald dovslaFlIleol acttylu€r of all llstlurLloB thar rrc s€f,amtoll b[dcet d lnd iccol,ni4d ,or, ll. lDcludes: 2 Cn Ch. ll 0-l-l{ Edllo.r) il) Slro,rsr€d rararfcf, tttlrn:t ill rsse{rc'hald d€voloprnont lcrlyltles Liat lto So!- sorsil bf l.edoBl aDd noa-F€d.rrl agerclegrld organueilo8. ml' tarm lnclud€( ar:i:l$- UQS lDrolllDg the tr.lnlDg of 1ndlfldlrrlB lD rssa$ch rochrtllei rmrilrDllt called rs- ,tSn:h talnl,,st wharp soch ru:tlvlttgs [ttllz€ th4 &rmo lrrllltlas rs ott6t res4arclt lld ds- velopmant, rctlfltres *b€!ro ,sulrb actttl- l,lss 3a€ not tD'.:luded lD lhg lErt!rcLlon fulr!- tlon. \21 Unttiprt/ll ,BasTcI rrDlls all tsssatlrl 8Dd dorelo9rnsli rctlyllls tbat lre 3oDa. riEelr bndeat3il rnd raduniaal taa by tlie ln- :i,tlnlton utrd,Df rll lni3rnal appllllilotr o, lF sir[ltloDnl ftDaU Unlvordr.Y less|tch- for putDd.s oI tlls do(unreni. mort he oom- i)1!€d *1th sDoniorsd r€searc! utrder iha funcLlor of oranlrod rea*aach, c. other llJ,r.tord acttttlte n rns prDEttllla aad pmjodts llaa&od by peloBl crd non- FerlerRl agencras rDd or{anlrsitols $hlch ln- voh's itr€ !€.r{ormrncs of fork other lhrn l!- skurtloD a[d orE D,ral rfi63ac]. Eralnplos o, surh prosrrnr rld projoits rlt heclih s€rvlse ptoj€!:ts xl cotlltnur li serYlo, pro- grarB, Ilowovor, rbn! nDx o, thssa actlnuos aae ufilaraskeD by tlro tnstliu(on rlihout oul-s,do suppo.t. lhal nlay b€ .lrs{nod 3s olhsr ln!$tutlonrl rcltfl ues. 8,. o,ltzt ,i,,tut,cnonal u1l!,tlt: me:fir rll rGilt tles ol aE ltr:tttunlo! stc€pi for lDs6ruc- tloD- deDartmeotal re6erlc). oaganlzed re' s€3acL arrd otior spoDsor€d rcuYltl€s, ts alp' {t!6d tn lbta s6ctloa: lDdlr8ci (F&-{) coBc !/l- llyttt*s tilentlll€il ln rbts Apf.endlr !sr.-grepb Il. IdeutlrlcatloD rlrd asslanlns[t oJ ItL dtroct (i&Al rrsiasnd spectlllr.d servlccs I8otlltt€.r alsscnbod rn 12m.4{A Spo.lrllrrd s€rvlcu trctllilo$ of thls P&t. Elr,mplcd of oLhda hrtltuttoru: acilttile3 Itrclqde operatlon of !a{d!orD hall6- ilr [c hdla. bospttdr aBd cltntas, siudeli unlotrs. tDtfr.ollpl,at€ ar,hletrc.s, ]ookstor€s. treultx IolsDg. Et{r&!t ,larnrrsnts, gu{6t honsos. chr!.rs, ihoeters, publlc mlrseutrE rtrd oi.lrsr srnnlar lrurtlury ontor?nsrs. Ti,ts dofltrluo! also tDctudeJ a!}' oahet oirtogorlos of aatlvl' tt63, costs of rhlch aas "urallowablg' to F€iioral Jrrils, odoss otborrllc lDaucat{d la rtr rrltd. :. Cn!6id Ior Dttt lbg.tlorl ^. Rara Wd. A hle p€ od for tllstrlhr- tlon Dl udra.t (F&A, {:osts l3 tLe lertoddual& rhlch tbs costa ar6 lltuar€al.'Ih! br-.€ lertod lormrllr sholld crtnlld€ rll,h il€ frlcrl yerr a3tab[lsbql by lte lrriltuLton. but ltr aqv avoo, tlre lraso pot'lod sltould bo !o sElecied ls to rrold lrequrir's tn ihe dlg Hlulloa ol l:osts- b- .Yr?d ,0r coJI ,rfi.rnpr. Th€ oveEll ot- iecttve ot rL. uallrect ll1&l) .osii .llocailon prooBss ls to all.trtbul€ lbs tldrp.L rP&Al iosts descl1bod rr Sdctlor B. Lle.ntl0l:a(,lon aDd rsslFtrlBsDt o, lDdlroea lF&Ai cosls. to fe)\9/ 57 196 ATTACHMENT J MONITORING GUIDELIN ES 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 (FDE[,]) has a responsibility to track and monitor the status of grant activity and items purchased to ensure compliance with applicable Homeland Security Grant Program (HSGP)granl guidance and statulory regulations. The monitoring process is designed to assess a Sub-Recipient agency's compliance with applicable state and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic monitoring. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is the review of projects, financial activity and technical assistance between FDEM and the applicant via e-mail and telephone. On-Site Monitoring are actual visits to the Sub- Recipient agencies by Division representatives who examines records, procedures and equipment. Freouencv of annual mon itorino activitv: Each year the FDEM will conduct moniloring based on a "Risk Assessment'. The risk assessment tool is used to help in determining the priority of Sub-Recipients that should be reviewed and the level of monitoring that should be performed. lt is important to note that although a given grant may be closed, it is still subject to either desk or on-site monitoring for a five (5) year period following closure. Areas that will be examined includs: 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; 58 (s Status and number of exercises; Status of planning activity; Anticipated projected completion; Difficulties encountered in completing projects; Agency Nli/S/lCS compliance documentation; Equal Employment Opportunity (EEO Status); Procurement Policy FOEM may request additional monitoring/information of 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. Sub-Recipients will be required to parlicipate in desk top monitoring as determined by FOEM. This contact will provide an opportunity to identify the need for technical assistance (TA)and/or a site visit if FDEi/ determines that a Sub-Recipient is having diffi culty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notilied by the program office via email. lnformation will include the grant Sub-Recipient agency name, year and project description and the nature of the issue in question. Manyofthe issues that arise may be resolved at the regional or sponsoring agency level. lssues that require further TA will be referred to FOEM for assistance. Examples of TA include but are not limited to: . Equipment selection or available vendors . Eligibility of items or services . Coordination and partnership with other agencies within or outside the region or discipline . Record Keeping . Reporting Requirements . Documentation in support of a Request for Reimbursement On-Site Monitoring will be conducted by FDEM or designated personnel. On-site Monitoring visits will be scheduled in advance with the Sub-Recipient agency POC designated in the grant agreement. /(f,, \\v 59 FDEi/ will also conduct coordinated financial and grant file monitoring. 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. On-sits Monitorino Protocol On-site Monitoring Visits will begin with those grantees that are currenlly spending or have completed spending for that federal liscal year (FFY). Site visits may be combined when geographically convenient. There is a flnancial/ programmatic on-site monitoring checklist to assist in the completion of all required tasks. Site Visit Preparation A letter will be sent to the Sub-Recipient agency Point of Contact (POC) outlining the date, time and purpose of the site visit before the planned arrival date. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. On-Site Monitorino 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 FOEM intends to examine will be identified. All objectives of the site visit will be explained during this time. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item selected for review should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an assel decal (information/serial number) placed in a prominent location on each piece of equipment as per Sub-Recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capital expenditures in excess of 91,000. per item). \v 60 lf an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Other programmatic issues can be discussed at this time, such as missing quarterly reporls, payment voucher/reimbursement, equipment, questions, etc. Post Monitorino Visit FDEM personnel will review the on-site monitoring worksheets and backup documentation as a team and discuss the events of the on-site monitoring. Within thirty (30) calendar days of the site visit, a post moniloring letter will be generated and senl to the grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a post monitoring letter to that effect will be generated and sent to the Sub-Recipient. The Sub-Recipient will submit a Conective Action Plan within a timeframe as determined by FOEM. Noncompliance on behalf of sub-grantees is resolved by management under the terms of the Sub-Grant Agreement. The On-Site Monitoring report and all back up documentation will then be included in the Sub- Recipient's file. 6l 6 ATTACHMEMT K EHP GUIDELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirements prior to initiation of the project:. New Construction, lnstallation and Renovation, including but not limited to: o Emergency Operation Centerso Security Guard facilities o Equipment buildings (such as those accompanying communication towers) o Waterside Structures (such as dock houses, piers, etc.). Placing a repeater and/or other equipment on an existing tower. Renovation of and modification to buildings and structures that are 50 years old or older. Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security. Physical Security Enhancements, including but not limited to:o Lightingo Fencingo Closed-circuit television (CCTV) systemso Motion detection systemso Barriers, doors, gates and related security enhancements ln addition, the erection of communications towers that are included in a jurisdiction's interoperable communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be submitted to FEMA for EHP review. EHP DETERMINATION PROCESS l. Submit the Final Screening Memo to the SAA for review prior to funds being expended. ll. The SAA will review and notify the Sub-Recipient of its decision. The grantee should incorporate sufficient time and resources into the pro.iecl planning process to accommodate EHP requirements. APPROVAL PROCESS TO FEMA l. Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements, page 2. ll. The Final Screening Memo should be attached to all project information sent to the Grant Programs Directorate (GPD) for an EHP regulatory compliance review. lll. Complete the attached National Environmental Policy Act (NEPA) Compliance checklist lV. Prepare maps indicating the location(s) of proposed project (Guidance provided) V. Take photographs of the location(s) of proposed project (Guidance provided) Vl. Forward all documents to the SM. All documents are then forwarded to GPD electronically via the Centralized Scheduling and lnformation Desk (CSID) at askcsid(Adhs.oov. 62 Vll. CSID will send an email confirming receipt of the project description. Vlll. FEMA Program Analyst sends notification to SAA when review is complete. SAA notilles Sub- Recipient of FEN4A's final decision. IX. THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED. GTantee ShoUId incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. Grantees must receive written approval from FEMA prior to the use of grant funds for project implementation. ,ii\|.-.;l 63 ATTACHMEMT L REIMBURSEMENT CHECKLIST PLANMNA E 1. Does the amount billed by consultant add up correctly? E 2. Has all appropriate documentation to denote hours worked been properiy signed? T--l 3. Have copies of all planning materials and work product (e.9. meeting documents, copies of plans) been included? (Note - lf a meeting was held by Sub-Recipient or contractor/consultant of Sub-Recipient, an agenda and signup sheet with meeting date must be included). E 4. Has the invoice from consultanvcontractor been included? (Note - grant agreement must be referenced on the invoice.) E 5. Has proof of payment been included? Canceled check Electronic Funds Transfer (EFT) Conlirmation _ Credit Card Statement & payment to credit card company for that statement E 6. Has Attachment G (found within Agreement with FDEM) been completed for this contractor/consultant and included in the reimbursement package? E Z Has proof of purchase methodology been included? P/ease see Form 5 of Repoding Forms or Purchasing Basics Aftachment if tudher clarity b needed. Sole Source (approved by FOEN4 for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.9. Ouotewire, bid tabulation page) Consultants/Contractors (Note: this applies to contractors also billed under Oroanizationl TRAINING -E- 1. ls the course DHS approved? E 2. ls there a course or calalog number? lf not, has FDEM approved the non-DHS training? E 3. Have Sign-ln Sheets, Rosters and Agenda been provided? n 4. lf billing for overtime and/or backfill, has documentation been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? Have documentation from entity's financial system been provided as proof attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 64 (9 6. E E 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? Has any expenditures occurred in support of the training such as printing cosls, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment? lf so, receipts and proof of payment must be submitted. Canceled check Electronic Funds Transfer (EFT) Conflrmation Credit Card Statement & payment to credit card company for that statement 7. Has proof of purchase methodology been included? P/ease see Form 5 of Repofting Forms or Purchasing Basics Attachment if fuiher clarity is needed. Sole Source (approved by FDEN.4 for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.9. Quotewire, bid tabulation page) E EXERCISE--E 1 . Has documentation been provided on the purpose/objectives of the exercise? Situation Manual Exercise Plan E E 2. lf exercise has been conducted are the following included: After-action report Sign-in sheets Agenda Rosters 4.E E E lf 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 documentalion 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? 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? Have any expenditures occurred on supplies (e.9., copying paper, gloves, tape, etc) in support of the exercise? lf so, receipts and proof of payment must be included. Canceled check Electronic Funds Transfer (EFT) Confirmalion Credit Card Statement & payment to credit card company for that statement 6. Has any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc.? lf so, receipts and proof of payment must be included. _ Canceled check Electronic Funds Transfer (EFT) Confirmation 65 Credit Card Statement & payment to credit card company for that statement E 7. Has proof of purchase methodology been included? P/ease see Form 5 of Repofling Forms or Purchasing Basics Aftachment if fufther clarity is needed. Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.9. Quotewire, bid tabulation page) EAUPMENT T] 1 Have all invoices been included? E 2. Has an AEL # been identified for each purchase? E 3. lf service/warranty expenses are listed, are they only for the performance period of the grant? f-.l 4. Has proof of payment been included?.J canceled check Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement E 5. lf EHP form needed, has a copy of the approval DHSbeen included? E 6. Has proof of purchase methodology been included? P/ease see Form 5 of Repoiing Forms or Purchasing Basics Aftachment if fufther clarity is needed. Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.9. Quotewire, bid tabulation page) TRAVEUCONFERENCES 1. Have all receipts been turned in, itemized and do the dates on the receipts match traveltt dates? Airplane receipts Proof of mileage (Google or Yahoo map printout or mileage log) Toll and/or Parking receipts Hotel receipts (is there a zero balance?) Car rental receipts Registration fee receipts Note: Make sure that meals paid for by conference are not included in per diem amount E 2. ll tavel is a conference has the conference agenda been included? E 3. Has proof of payment to traveler been included? Canceled check Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement Copy of paycheck if reimbursed through payroll oo TCH,E t] 2. Contributions investments. Tl 3. Conkibutions trarnrng. SALARv POS/ro/VS 1. Has a glEg timesheet by employee and supervisor included? 2. Has proof for time worked by the employee been included? ls time period summary included? Statement of Earnings Copy of Payroll Check Payroll Register For fusion center analysts, have the certiflcation documents been provided to the SAA to demonstrate compliance with training and experience standards? ORGANIZ/TION E I . lf billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have documentation from entity's flnancial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? FOR ALL REIMBURSEMENTS . THE FINAL CHECK '1. Have all relevant forms been completed and included with each requesl for reimbursement? 2. Have the costs incurred been charged to the appropriate POETE category? Does the total on all Forms submitted match? Has Reimbursement Form been signed by the Grant Manager and Financial Officer? Has the reimbursement package been entered into Sub-Recipients records/spreadsheet? Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? lf this purchase was made via Sole Source, have you included the approved Sole Source documentation and justification? '1. Contributions are from Non Federal funding sources identified? are from cash or in-kind contributions which may include training are not from salary, overtime or other operational costs unrelated to 4. 5. E E E E E6. 7. E 67 E 8. Doall ofyourvendors have a current W-9 (Tax Payer ldentification) on file? Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. 68 @