Backup Documents 01/09/2018 Item #16E 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 b E 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting. (/
**NEW** ROUTING SLIP `I°
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. Jennifer Belpedio County Attorney's Office
)t.CLI3 421
4. BCC Office Board of County
Commissioners V\NC-(S/1 t\c \��
5. Minutes and Records Clerk of Court's Office rkL)
Vict i`l6 ; 3°
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Christine Boni Phone Number 252-3617
Contact/ Department
Agenda Date Item was 01/09/2018 Agenda Item Number 16E #4319
Approved by the BCC - E.. <3 -.7'
Type of Document Grant Agreement Number of Original 2—Both original
Attached Documents Attached signatures need to be
mailed to the State.
PO number or account FedEx account:4545-
number if document is 0460-7
to be recorded
INSTRUCTIONS 8 'CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman . original si• atrtre? CB
2. Does the document need to be sent to ano' • • •= for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed CB
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 9/27/16 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for e t
T.
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise. ' '.. , 'evised 11/30/12
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Martha S. Vergara
From: Martha S. Vergara
Sent: Thursday, January 11, 2018 11:04 AM
To: 'BoniChristine'
Subject: Grant Agreement FedExed to the Division of Emergency Mgmt packet
Attachments: Christine Boni.pdf
Morning Christine,
Attached for your records is a scanned copy of the packet sent to Teresa Warner (per your e-
mail instructions).
It went out in yesterday's FedEx pickup.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara acollierclerk.com
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1
Coun F-o o11i r
CLERK OF THE CI ' CU COURT
COLLIER COUNTY Cl+ , 'THO SE
3315 TAMIAMI TRL E STE 102 Dwight E.Brock-Cler f Circuit Court P.O.BOX 413044
NAPLES,FL 34112-5324 NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor • Cti odian of County Funds
January 10, 2018
Division of Emergency Management
Attn: Teresa Warner
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-2100
Re: Federally— Funded Subaward and Grant Agreement
(Contract#18-DS-_ -09-21-01-_J
Transmitted herewith is two (2) Gederally-Funded Subaward and Grant
Agreements as referenced above for your records per request, as adopted by the
Collier County Board of County Commissioners of Collier County, Florida on
Tuesday, July 11, 2017, during Regular Session.
Please forward/e-mail a fully executed copy of the agreement to our office in the
(martha.vergara@collierclerk.com), for the Boards Official Records. An envelope has
been included for your convenience.
Very truly yours,
DWIGHT E. BROCK, CLERK
et
Martha Vergara, Deputy Sirk
I
Enclosure
Phone- (239) 252-2646 Fax- (239)252-2755
Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com
y. s 1 6E 8
{ M
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
RICK SCOTT BRYAN W.KOON
Governor Director
February 6, 2018
Dan E. Summers
Collier County
8075 Lely Cultural Parkway, Suite 445
Naples, Florida 34113
Certified Mail-Return Receipt Requested
RE: Agreement Number SHSGP FY17 18-DS-X1-09-21-01-326
Dear Mr. Summers:
Enclosed is the fully executed agreement between Collier County and the Florida
Division of Emergency Management, executed on January 6, 2018. Under Section (3) (c),
Contact, of this agreement you have been identified as the recipient's representative
responsible for the administration of this agreement. It is your responsibility to thoroughly
read, understand and oversee the compliance of all the conditions within this agreement.
Attached is the complete package of forms identified in Section (12) (a)through (e). It is
very important that these reports be fully completed and remitted within the time frames
specified under Section (12). Failure to supply this information in a timely manner can
cause non-compliance of this agreement or a delay in processing your reimbursement
requests.
If you have any questions about this agreement, please contact Teresa Warner at
850-815-4351 or email teresa.warner(a�em.myflorida.com.
- incerely,
&diInda McWhorter
-Preparedness Bureau Chief
LM/taw
Enclosures
DIVISION HEADQUARTERS Tel: 850-413-9969 • Fax: 850-488-1016 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www FloridaDlsastero_r_g 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
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Contract Number: 18-DS-P -09-21-01-.le
FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 states that 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. §200.74,"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-Recipient"means"a non-Federal entity that receives a sub-
award from a pass-through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "Federal award"means"Federal financial assistance that a non-
Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity."
As defined by 2 C.F.R. §200.92,"sub-award" means"an award provided by a pass-through entity to a
Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through
entity."
Sub-Recipient's name: Collier County
Sub-Recipient's unique entity identifier(DUNS): 076997790
Federal Award Identification Number(FAIN):
Federal Award Date: September 1, 2017
Sub-award Period of Performance Start and End Date: DOE—August 31,2019
Amount of Federal Funds Obligated by this Agreement: $27,305.00
Total Amount of Federal Funds Obligated to the Sub-Recipient
by the pass-through entity to include this Agreement: $a21,3V5.4?°
Total Amount of the Federal Award committed to the Sub-Recipient
by the pass-through entity: $ 47,305:00
Federal award project description(see FFATA):
Name of Federal awarding agency: Department of Homeland Security
Name of pass-through entity: FL Div.of Emergency Management
Contact information for the pass-through entity: 2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.067 Homeland Security Grant
Whether the award is R&D: NO(NA)
Indirect cost rate for the Federal award: 24.13
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THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and
COLLIER COUNTY, (hereinafter referred to as the "Sub
Recipient").For the purposes of this Agreement,the Division serves as the pass-through entity for a
Federal award,and the Sub-Recipient serves as the Recipient of a sub-award.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE,the Division and the Sub-Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal
award in accordance with state laws and procedures for expending and accounting for the state's own
funds." Therefore, section 215.971, Florida Statutes, entitled"Agreements funded with federal or state
assistance", 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 215.971(1), Florida Statutes,this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Sub-Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub-
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub-Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
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vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing,the Sub-Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations, including those identified in Attachment 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. In accordance with section 215.971(2), Florida Statutes,the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties,the Grant Manager
for the Division shall:
i. Monitor and document Sub-Recipient performance;and,
ii. Review and document all deliverables for which the Sub-Recipient requests
payment.
b. The Division's Grant Manager for this Agreement is:
Shelly Powell
2555 Shumard Oak Boulevard
Tallahassee,FL 32399-2100
Telephone: 850)815-4356
Email:shelly.powellnem.myflorida.com
c. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is:
Dan E Summers
8075 Lelv Cultural Pkwy, Suite 445
Naples. FL 34113
Telephone: 239-252-3600
Fax: 239-252-3700
Email:dansummers accolliergov.net
also:christineboni aOcolliergov.net
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement,notice of the name,title and address of the new representative will be
provided to the other party.
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
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(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(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 August 31,
2019 unless terminated earlier in accordance with the provisions of Paragraph (17)of this Agreement.
Consistent with the definition of"period of performance"contained in 2 C.F.R. §200.77, the term "period
of agreement" refers to the time during which the Sub-Recipient"may incur new obligations to carry out
the work authorized under"this Agreement. In accordance with 2 C.F.R. §200.309,the Sub-Recipient
may receive reimbursement under this Agreement only for"allowable costs incurred during the period of
performance." In accordance with section 215.971(1)(d), Florida Statutes,the Sub-Recipient may expend
funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"
the period of agreement.
(9) FUNDING
a. This is a cost-reimbursement Agreement, subject to the availability of funds.
b. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A and B of this Agreement("Budget and Scope of Work").
The maximum reimbursement amount for the entirety of this Agreement is$27,305.00.
d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures,disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false,fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
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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)(b), Florida Statutes,
remains consistent with the requirement for a"performance goal", which is defined in 2 C.F.R. §200.76 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.
§200.301,that the Division and the Sub-Recipient"relate financial data to performance accomplishments
of the Federal award."
g. If authorized by the Federal Awarding Agency,then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430("Compensation—personal
services")and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness,failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines
fringe benefits as"allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an
established policy of the Sub-Recipient. 2 C.F.R. §200.431(b)provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
awards; and,
iii. The accounting basis(cash or accrual)selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding Agency,then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference
Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061,
Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Sub-
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),
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Florida Statutes ($6 for breakfast, $11 for lunch, and$19 for dinner),then the Sub-Recipient must provide
documentation that:
i. The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award.
i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
j. As defined by 2 C.F.R. §200.53,the term "improper payment" means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount(including overpayments and underpayments)under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper.
(10)RECORDS
a. As required by 2 C.F.R. §200.336,the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally,the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b. As required by 2 C.F.R. §200.331(a)(5), the Division,the Chief Inspector General of
the State of Florida,the Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of access to any documents,financial statements, papers,or other records of the Sub-Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the
purpose of interview and discussion related to such documents.
c. As required by 2 C.F.R. §200.333,the Sub-Recipient shall retain sufficient records to
show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement,for a period of three(3)years from the date of
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submission of the final expenditure report. The following are the only exceptions to the three(3)year
requirement:
i. If any litigation, claim, or audit is started before the expiration of the 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. In
some cases Recipients must report program income after the period of performance. Where there is
such a requirement, the retention period for the records pertaining to the earning of the program income
starts from the end of the non-Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
applies to the following types of documents and their supporting records: indirect cost rate computations
or proposals, cost allocation plans, and any similar accounting computations of the rate at which a
particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe
benefit rates).
d. In accordance with 2 C.F.R. §200.334,the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that
the records possess long-term retention value.
e. In accordance with 2 C.F.R.§200.335,the Division must always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted,then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
f. As required by 2 C.F.R. §200.303,the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
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g. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3)minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However,the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose,the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds,then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus,to the extent that the Government in the Sunshine Law applies to
the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency(or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
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.
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(11)AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP"has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB)and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement,the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-
compliance.
e. The Sub-Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), Florida Statutes, as"an independent certified public accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub-Recipient's fiscal year.
f. The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following
address:
DEMSinale Auditem.myflorida.com
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvestercensus.qov/fac/collect/ddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
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DEMSingle Audit(c�em.mvflorida.com
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(12)REPORTS
a. Consistent with 2 C.F.R. §200.328,the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to any other information requested by the Division.
b. Quarterly reports are due to the Division no later than 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 31, June 30, September 30 and
December 31.
c. The closeout report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement,whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division,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)MONITORING.
a. The Sub-Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment A and B to this Agreement, and reported
in the quarterly report.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate,the Sub-Recipient agrees to comply with any additional instructions provided by the Division
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
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with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition, the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
(14)LIABILITY
a. Unless Sub-Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes,the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement;as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall
hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not
an employee or agent of the Division, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision,as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division,and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
(15)DEFAULT.
If any of the following events occur("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16); however,the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
a. If any warranty or representation made by the Sub-Recipient in this Agreement or
any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub-
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
b. If material adverse changes occur in the financial condition of the Sub-Recipient at
any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change
within thirty days from the date written notice is sent by the Division;
c. If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
d. If the Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
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(16)REMEDIES.
If an Event of Default occurs,then the Division shall, after thirty calendar days written
notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise
any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States,first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address in paragraph (3)herein;
b. Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub-Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. Request additional information from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub-Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by
the Division for any other default by the Sub-Recipient.
(17)TERMINATION.
a. The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds,fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Sub-Recipient with thirty calendar days prior written notice.
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c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated,the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The
Division may,to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18)PROCUREMENT
a. The Sub-Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled"Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards").
b. As required by 2 C.F.R. §200.318(b),the Sub-Recipient shall"maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
to the following: rationale for the method of procurement,selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R. §200.318(i),the Sub-Recipient shall"maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement,the Sub-
Recipient shall document, in its quarterly report to the Division,the progress of any and all subcontractors
performing work under this Agreement.
d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall
forward to the Division a copy of any 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. §200.324,the Division will review the solicitation for compliance with the procurement
standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200.
Consistent with 2 C.F.R. §200.318(k),the Division will not substitute its judgment for that of the Sub-
Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not
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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. If during its review the Division identifies
any deficiencies,then the Division shall communicate those deficiencies to the Sub-Recipient as quickly
as possible within the three(3)business day window outlined above. If the Sub-Recipient publishes a
competitive solicitation after 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 that
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. §200.320(b), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any,to the Sub-Recipient within three (3)
business days. Consistent with 2 C.F.R. §200.324,the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. §200.318 through 200.326 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k),the Division will not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the
Division in order to execute a subcontract,this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub-Recipient as quickly as possible within the three(3)business
day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non-compliant,then the Division may:
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 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.
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g. As required by 2 C.F.R. §200.318(c)(1),the Sub-Recipient shall "maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
h. As required by 2 C.F.R. §200.319(a),the Sub-Recipient shall conduct any
procurement under this agreement"in a manner providing full and open competition." Accordingly,the
Sub-Recipient shall not:
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 affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
v. Authorize, 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 the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
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. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids)in accordance with 2 C.F.R. §200.320(c)as well as section 287.057(1)(a), Florida Statutes.
k. The Sub-Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d)as well as section 287.057(1)(b),
Florida Statutes.
I. For each subcontract, the Sub-Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703,
Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321
("Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms").
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(19)ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Exhibit 1 -Funding Sources
ii. Attachment A—Budget
iii. Attachment B—Scope of Work
iv. Attachment C—Deliverable and Performance
v. Attachment D—Program Statutes and Regulations
vi. Attachment E—Justification of Advance Payment
vii. Attachment F—Warranties and Representations
viii. Attachment G—Certification Regarding Debarment
ix. Attachment H—Statement of Assurances
x. Attachment I—Mandatory Contract Provisions
xi. Attachment J—Monitoring Guidelines
xii. Attachment K—EHP Guidelines
xiii. Attachment L— Reimbursement Checklist
(20)PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest-
bearing account. If an advance payment is requested,the budget data on which the request is based and
a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify
the amount of advance payment needed and provide an explanation of the necessity for and proposed
use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be
made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within sixty(60)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub-
Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement.
c. If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress, the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division
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to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
(21)REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of"Division of Emergency Management", and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b. In accordance with Section 215.34(2), Florid Statutes, if a check or other draft is
returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5%
of the face amount of the returned check or draft,whichever is greater.
(22)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub-Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision'
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public
Law 101-336, 42 U.S.C. Section 12101 et seq.),which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
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a public entity, may not be awarded or perform work as a contractor,supplier,subcontractor,or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f. Any Sub-Recipient which is not a local government or state agency,and which
receives funds under this Agreement from the federal government, certifies,to the best of its knowledge
and belief,that it and its principals:
Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
ii. Have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public(federal, state or local)transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft,forgery,
bribery,falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph
19(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. If the Sub-Recipient is unable to certify to any of the statements in this certification,
then the Sub-Recipient shall attach an explanation to this Agreement.
h. In addition, the Sub-Recipient shall send to the Division(by email or by
facsimile transmission)the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment G)for each intended subcontractor which Sub-
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub-Recipient enters into a contract with any subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes,which the Sub-Recipient created or received under this
Agreement.
j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
k. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e)of the Immigration and Nationality Act
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("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
I. All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(23)LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature,the judicial
branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement 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 Agreement, that to the best of his
or her knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-Recipient,to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract,the making of any
Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement,the Sub-Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
iii. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements)and that all Sub-Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
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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 PROVIDED 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 PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals,films, or other copyrightable
material are produced,the Sub-Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State
of Florida.
c. Within thirty 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 patents and copyrights
which accrue during performance of the Agreement.
d. If 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 the sole property of the Sub-Recipient. In the case of joint 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 Division shall retain a perpetual, irrevocable,fully-
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub-Recipient, under this Agreement,for Florida
government purposes.
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(25)LEGAL AUTHORIZATION.
The Sub-Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind
Sub-Recipient to the terms of this Agreement.
(26)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60,which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee,the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race,color, religion, sex, or
national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
iii. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
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iv. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
v. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vi. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders,this contract may be canceled,terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph (1)and the provisions of paragraphs
(1)through (7)in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
provided, however,that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
22
16E 8
work: provided,that if the applicant so participating is a State or local government,the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
c. The Sub-Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor,that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
d. The Sub-Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition,the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel,terminate, or suspend in whole
or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub-Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI-KICKBACK ACT
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. §874,
40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
23
16E
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. §5.12.
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds$100,000 and involves the employment of mechanics or laborers,then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds$150,000,then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency(EPA).
(30)SUSPENSION AND DEBARMENT
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
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. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905)are excluded
(defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
24
16E 8
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division,the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(31)BYRD ANTI-LOBBYING AMENDMENT
If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).
Contractors who apply or bid for an award of$100,000 or more shall file
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
Recipient.
(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES,AND LABOR SURPLUS AREA FIRMS
a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following
affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus
area firms are used whenever possible:
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 whenever they are potential sources;
25
16E 8
iii. Dividing total requirements,when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits,which
encourage participation by small and minority businesses, and women's business enterprises;
v. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative 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 and
document the six affirmative steps identified above.
c. The"socioeconomic contracting"requirement outlines the affirmative steps that the
Sub-Recipient must take;the requirements do not preclude the Sub-Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses,and
women's business enterprises,does not authorize the Sub-Recipient to break a single project down into
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures(e.g. "project splitting").
(33)ASSURANCES.
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
26
16E 8
•
IN WITNESS WHEREOF,the parties hereto have executed this Agreement.
SUB-RECIPIENT: COLLIER COUNTY
By: k2f4M.,ii c...d.
Name and title: Penny Taa
Chairman
Date: 1/Y/l$
FID#59-6000558
Include a copy of the designation of authority for the signatory, if applicable.
yy
ATTEST: Dwight E. Brock, Clerk Approved as to Form and Legality
By:
Deputy Clerk
Jennifer A. Belpedio \�
Attest as to Chairman's Assistant County Attorney iy0`
signature only. ' \
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
/u res-44 -i �G
By: yy _-
Name and T/4:{__4_/ GicQ__ be.e4:7 Dll , vt'-4
Date:
27
16E 8
EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
NOTE:If 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 Domestic Assistance title and number: 97.067
Award Amount: $27,305.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
NOTE:If the resources awarded to the Sub-Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. First applicable compliance requirement: Sub-Recipient is to use funding to perform eligible
activities as identified FY 2017 Department of Homeland Security Notice of Funding Opportunity.
2. Second applicable compliance requirement(e.g., eligibility requirements for Sub-Recipients of the
resources:Sub-Recipient is subject to all administrative and financial requirements as set forth in
this Agreement or will not be in compliant with the terms of the Agreement.
3. Third applicable requirement:Sub-Recipient must comply with specific laws, rules, or regulations
that pertain to how the awarded resources must be used or how eligibility determinations are to
be made.
NOTE: 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about
Federal Programs and State Projects included in Exhibit 1 be provided to the Sub-Recipient.
28
16E 8
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.fema.gov/authorized-equipment-list.
The transfer of funds between the categories listed in the"Proposed Program Budget" is permitted.
However, the transfer of funds between Issues is strictly prohibited.
Grant _ FY 2017 Homeland Security Grant Program ;.t
• rg _ * COLLIER COUNTY,".•:''
Recipient Agency E
Catego y(s)>4� Issue Number/Project Title Amount Allocated
Planning Expenditures
Organizational Expenditures
Exercise Expenditures
Issue 20—All Hazards
Training Expenditures Incident Training $27,305.00
Equipment Expenditures
Management and Administration
(up to 5%)
. .. . . ........ ........ .... . ... ..
Total Award $27,305.00
29
1 6E B
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".
If any changes need to be made to the"Budget Detail Worksheet", after the execution of this agreement,
contact the Grant Manager listed in this agreement via email or letter.
YIt•`k.i=�l,t;ftlilrj ri:i' t.:t:; i�TCt rite 7 �, Jlm i c.p i
Developing hazard/threat-specific annexes that incorporate the range of
prevention,protection,response,and recovery activities
Developing and implementing homeland security support programs and
adopting ongoing DHS national initiatives
Developing related terrorism and other catastrophic event prevention _-
activities
Developing and enhancing plans and protocols
Developing or conducting assessments
Hiring of full or part-time staff or contractors/consultants to assist with
planning activities(not for the purpose of hiring public safety personnel
fulfilling traditional public safety duties)
Materials required to conduct planning activities
Travel/per diem related to planning activities
Overtime and backfill costs(in accordance with operational Cost --
Guidance
Issuance of WHTI-compliant Tribal identification cards
Activities to achieve planning inclusive of people with disabilities and _-
others with access and functional needs
Coordination with Citizen Corps Councils for public _-
information/education and develo.ment of volunteers
Update governance structures and process and plans for emergency _-
communications
Activities to achieve planning inclusive of people with limited English _-
.roficienc
a--
Allowable Training Costs Quantity Unit Cost Total Cost
Overtime and backfillfor y preer andresponse
personel attending DHS/FEMA-sponsored and approved training
classes
Overtime and backfill expenses for part-time and volunteer emergency
response personnel participating in DHS/FEMA training
Training Workshops and Conferences 1 12,305 12,305
1 15,000 15,000
Activities to achieve training inclusive of people with disabilities and __
others with access and functional needs
Full or Part-Time Staff or Contractors/Consultants -_
Certification/Recertification of Instructors
30
16E 8
Travel
Supplies are items that are expended or consumed during the course of
the planning and conduct of the exercise project(s)(e.g.,copying paper,
gloves,tape,non-sterile masks,and disposable protective equipment).
Instructor certification/re-certification
Coordination with Citizen Corps Councils in conducting training
Interoperable communications training
Activities to achieve training inclusive of people with limited English
proficiency
TOTAL TRAINING EXPENDITURES $27,305
Allowable Organizational Activities(HSGP and LETP) Quantity Unit Cost Total Cost
Reimbursement for select operational expenses associated with
increased security measures at critical infrastructure sites incurred(up to
50 percent of the allocation)
Overtime for information,investigative,and intelligence sharing activities
(up to 50 percent of the allocation)
Hiring of new staff positions/contractors/consultants for participation in
information/intelligence analysis and sharing groups or fusion center
activities(up to 50 percent of the allocation)
TOTAL ORGANIZATIONAL EXPENDITURES $
,RI .r, f acF v-r
Design,Develop,Conduct and Evaluate an Exercise
Exercise Planning Workshop-Grant funds may be used to plan and
conduct an Exercise Planning Workshop to include costs related to
planning,meeting space and other meeting costs,facilitation costs,
materials and supplies,travel and exercise plan development.
Full or Part-Time Staff or Contractors/Consultants-Full or part-time
staff may be hired to support exercise-related activities.Payment of
salaries and fringe benefits must be in accordance with the policies of
the state or local unit(s)of government and have the approval of the
state or the awarding agency,whichever is applicable.The services of
contractors/consultants may also be procured to support the design,
development,conduct and evaluation of CBRNE exercises.The
applicant's formal written procurement policy or the Federal Acquisition
Regulations(FAR)must be followed.
Overtime and backfill costs—Overtime and backfill costs,including
expenses for part-time and volunteer emergency response personnel
participating in FEMA exercises
Implementation of HSEEP
Activities to achieve exercises inclusive of people with disabilities and
others with access and functional needs
31
16E 8
Travel-Travel costs(i.e.,airfare,mileage,per diem,hotel,etc.)are
allowable as expenses by employees who are on travel status for
official business related to the planning and conduct of the exercise
project(s).These costs must be in accordance with state law as
highlighted in the OJP Financial Guide.States must also follow state
regulations regarding travel.If a state or territory does not have a travel
policy they must follow federal guidelines and rates,as explained in the
OJP Financial Guide.For further information on federal law pertaining to
travel costs please refer to http://www.oio.usdoi.00v/FinGuide.
Supplies-Supplies are items that are expended or consumed during
the course of the planning and conduct of the exercise project(s)(e.g.,
copying paper,gloves,tape,non-sterile masks,and disposable
protective equipment).
Interoperable communications exercises
��__�_ •
Eligible Equipment Acquisition Costs
The table below highlights the allowable equipment categories for this
award. A comprehensive listing of these allowable equipment
categories,and specific equipment eligible under each category,are Quantity Unit Cost Total Cost
listed on the web-based version of the Authorized Equipment List(AEL)
at http://www.fema.gov/authorized-equipment-lista
Personal protective equipment
Explosive device mitigation and remediation equipment
CBRNE operational search and rescue equipment
Information technology
Cybersecurity enhancement equipment
Interoperable communications equipment
Detection Equipment
Decontamination Equipment
Medical supplies
Power equipment(generators,batteries,power cells)
CBRNE Reference Materials
CBRNE Incident Response Vehicles
Terrorism Incident Prevention Equipment
32
16E 8
Physical Security Enhancement Equipment
Inspection and Screening Systems
Animal and Plants
CBRNE Prevention and Response watercraft
CBRNE Aviation Equipment
CBRNE Logistical Support Equipment
Intervention Equipment
Other authorized equipment costs(include any construction or renovation costs in this category;Written approval must be
provided by FEMA prior to the use of any funds for construction or renovation)
TOTAL EQUIPMENT EXPENDITURES $
Eligible Management and Administration,CostsQuantity -: Unit Cast,' Total Cost..
Hiring of full-time or part-time staff or contractors/consultants:
to assist with the management of the respective grant program;
application requirements,and compliance with reporting and data
collection requirements
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.In no case is dual
compensation allowable.That is,an employee of a unit of government
may not receive compensation from their unit or agency of government
AND from an award for a single period of time(e.g.,1:00 pm to 5:00
pm),even though such work may benefit both activities.Fringe benefits
on overtime hours are limited to Federal Insurance Contributions Act
(FICA),Workers'Compensation and Unemployment Compensation.
Travel expenses
Meeting-related expenses(For a complete list of allowable meeting-
related expenses,please review the OJP Financial Guide at
http://www.ojp.usdoj.gov/FinGuide).
Authorized office equipment:including personal computers,laptop
computers,printers,LCD projectors,and other equipment or software
which may be required to support the implementation of the homeland
security strategy.
33
16E 8
The following are allowable only within the agreement period:
Recurring fees/charges associated with certain equipment,such as cell
phones,faxes.
Leasing and/or renting of space for newly hired personnel to administer
programs within the grant program.
s" .1c:�:, ! ,,� f ;.ai. � ..._ .,�, d�:•z :s�:e efw •. 3tM-eWr Fc .cam 1.:i! ;,�.-��.
TOTAL M&AEXPENDIT JRES:'
TOTAL EXPENDITURES $27,305.00
34
16E 8
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:
I. Issue and Project Description—
Issue 20—All Hazards Incident Management Training: The All Hazard Training project will
provide a consistent standard and level of Incident Command Training to maintain a highly
qualified response team from all disciplines to assist upon request to local, county, regional and
state government.
II. Categories and Eligible 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 Related 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, continuity 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.
• Developing hazard/threat-specific annexes that incorporate the range of prevention,
protection, response, and recovery activities.
• Developing and implementing homeland security support programs and adopting DHS/FEMA
national initiatives.
• Developing related terrorism and other catastrophic event prevention activities.
• Developing and enhancing plans and protocols.
• Developing or conducting assessments.
• Hiring of full-or part-time staff or contract/consultants to assist with planning activities(not for
the purpose of hiring public safety personnel fulfilling traditional public safety duties).
• Materials required to conduct planning activities.
• Travel/per diem related to planning activities.
• Overtime and backfill costs(in accordance with operational Cost Guidance).
• Issuance of WHTI-compliant Tribal identification card.
• Activities to achieve planning inclusive of people with disabilities.
• Coordination with Citizen Corps Councils for public information/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 Information
35
16E 8
FEMA's National Preparedness Directorate(NPD)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 specifically to improve and enhance the continuing development of
state and local emergency management across the 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 DHS/FEMA TA.
TA deliveries combine current emergency management best practices with practical
consideration of emerging trends,through discussion facilitated by DHS/FEMA contract
specialists and with the support of FEMA Region operational specialists.While 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, DHS/FEMA may
also invite other Federal experts and practitioners to participate. Additionally, peer-to-peer
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 five 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 Related Costs (SHSP and UASI Only)
Organizational activities include:
• Program management;
• Development of whole community partnerships,through groups such as Citizen Corp
Councils;
• Structures and mechanisms for information sharing between the public and private sector;
• Implementing models, programs, and workforce enhancement initiatives to address
ideologically-inspired radicalization to violence in the homeland;
• Tools, resources and activities that facilitate shared situational awareness between the
public and private sectors;
• Operational Support;
• Utilization of standardized resource management concepts such as typing,inventorying,
organizing, and tracking to facilitate the dispatch, deployment, and recovery of resources
before, during, and after 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 qualified intelligence analysts.
States and Urban Areas must justify proposed expenditures of SHSP or UASI funds to support
organization activities within their IJ submission.All SAAs are allowed to utilize up to 50 percent(50%)
of their 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 official letterhead, with the following information:
• Documentation explaining why the cap should be waived;
• Conditions under which the request is being submitted; and
36
16E ti
• A budget and method of calculation pf personnel costs both in percentages of the grant
award and in total dollar amount. To avoid supplanting issues, the request must also
include a three year staffing history for the requesting entity.
Organizational activities under SHSP and UASI include:
• Intelligence Analysts. Per the Personnel Reimbursement for Intelligence Cooperation
and Enhancement(PRICE) of Homeland Security Act(Public Law 110-412), 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. In
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 analysis and production within six months of being hired;
and/or,
o Previously served as an intelligence analyst for a minimum of two years either
in a Federal intelligence agency, the military, or State and/or local law
enforcement intelligence unit.
As identified in the Maturation and Enhancement of State and Major Urban Area Fusion Centers
priority,all fusion center analytic personnel must demonstrate qualifications that meet or exceed
competencies identified in the Common Competencies for State, Local, and Tribal Intelligence Analysts,
which outlines the minimum categories of training needed for intelligence analysts.A certificate of
completion of such training must be on file with the SAA and must be made available to the grantee's
respective Headquarters Program Analyst upon request. In 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 Maritime Transportation Security Act of 2002), DHS
Border Enforcement Security Task Forces, and Integrated Border Enforcement Teams.
Grant funding can only be used in proportion to the federal man-hour estimate, and only
after funding for these activities from other federal sources (i.e., FBI JTTF payments to
state and local agencies)has been exhausted. Under no circumstances should
DHS/FEMA grant funding be used to pay for costs already supported by funding from
another federal source.
• Operational Overtime Costs. Operational overtime costs. In support of efforts to
enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism,
operational overtime costs are allowable for increased security measures at critical
infrastructure sites. 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
centers;
o Hiring of contracted security for critical infrastructure sites;
o Participation in Regional Resiliency Assessment Program (RRAP)activities;
o Public safety overtime;
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o Title 32 or State Active Duty National Guard deployments to protect critical
infrastructure sites, including all resources that are part of the standard National
Guard deployment package (Note: Consumable costs, such as fuel expenses,
are not allowed except as part of the standard National Guard deployment
package); and
o Increased 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 FEMA Administrator per the instructions in IB 379.
Allowable Organization Related Costs (OPSG)
• Operational Overtime Costs. 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 FEMA Administrator and
will be considered on a case-by-case basis. A formal OPSG personnel waiver should:
o Be requested on official letterhead, include a written justification, and be signed by
local jurisdiction;
o Include a budget and method of calculation of personnel costs both in percentage
of the grant award and in total dollar amount.
o Include an approved Operations Order from the USBP Sector office which
supports the local jurisdiction's written justification; and
o Be coordinated 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 enforcement 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.
• Travel, Per Diem, and Lodging: Travel and per diem include costs associated with
the deployment/redeployment of personnel to border areas and for travel associated
with law enforcement entities assisting other local jurisdictions in law enforcement
activities. In addition, costs to support up to six months deployment of law
enforcement personnel to critical Southwest Border locations to support operational
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 Information sharing and analysis,threat recognition,terrorist interdiction, and
training/hiring of intelligence analysts;
• Coordination between fusion centers and other analytical and investigative efforts including,
but not limited to Joint Terrorism Task Forces(JTTFs), Field Intelligence Groups(FIGs), High
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Intensity Drug Trafficking Areas (HIDTAs), Regional Information Sharing Systems(RISS)
Centers, criminal intelligence units, and real-time crime analysis centers;
• Implementation and maintenance of the Nationwide SAR Initiative, including training for front
line personnel on identifying and reporting suspicious activities; and
• Implementation of the"If 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
organizations.
C. Allowable Exercise Related 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.//www.fema.gov/exercise.
• Design, Develop, Conduct, and Evaluate an Exercise
• Exercise Planning Wrokshop
• Full-or part-time staff or contractors/consultants
• Overtime and backfill costs, including expenses for part-time and volunteer emergency
Response personnel participating in DHS/FEMA exercise
• Implementation of HSEEP
• Activities to achieve exercises inclusive of people with disabilities
• Travel
• Supplies associated with allowable approved exercises
• Interoperable communications exercises
Additional Exercise Information
Sub-Recipients that decide to use HSGP funds to conduct an exercise(s)are encouraged to complete a
progressive exercise series. Exercises conducted by states and Urban Areas may be used to fulfill similar
exercise requirements required by other grant programs. Sub-Recipients are encouraged to invite
representatives/planners involved with other Federally-mandated or private exercise activities. States and
Urban Areas are encouraged to share, at a minimum,the multi-year training and exercise schedule with
those departments, agencies, and organizations included in the plan.
• Exercise Scenarios.The scenarios used in HSGP-funded exercises must be based on the
state/Urban Area's 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.
• Special Event Planning. If a state or Urban Area will be hosting a special event(e.g., Super
Bowl, G-8 Summit),the special event planning should be considered as a training or exercise
activity for the purpose of the Multi-year 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 major venues (e.g.,
arenas, convention centers)that focus on evacuations, communications, and command and
control.
• 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.
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• 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-governmental resources provided by non-governmental entities, defined as the private
sector and private non-profit,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 complete an
authorized exercise either by attending or conducting that exercise.
• In order to receive payment for successfully attending an authorized exercise,the Sub-
Recipient must provide the Division with a certificate of completion or similar correspondence
signed by the individual in charge of the exercise; additionally,the Sub-Recipient must
provide the Division with all receipts that document the costs incurred by the Sub-Recipient in
order to attend the exercise.
• In order the receive payment for successfully conducting an authorized exercise, the Sub-
Recipient must provide the Division with an ExPLAN, AAR/IP, IPC/MPC/FPC Meeting
Minutes and Sign-in Sheet for exercise attendees; additionally, the Sub-Recipient must
provide the Division with all receipts that document the costs incurred by the Sub-Recipient in
order to conduct the exercise.The Sub-Recipient must include with the reimbursement
package a separate copy of the page(s)from the Exercise Plan which identifies the
participant agencies and a printed page(s)from the State(and County or Regional)MYTEP
reflecting the exercise.
• If you require food/water for this event, request must come to the Division within 25 days
of event in the following format:
Exercise Title:
Location:
Exercise Date:
Exercise Schedule:
Estimated Number of Participants that will be fed:
Estimated Cost for food/water:
Description of the Exercise:
Unauthorized Exercise Costs
• Reimbursement for the maintenance and/or wear and tear costs of general use vehicles
(e.g., construction vehicles), medical supplies, and emergency response apparatus(e.g.,
fire trucks, ambulances).
• Equipment that is purchased for permanent installation and/or use, beyond the scope of
the conclusion of the exercise (e.g., electronic messaging signs).
D. Allowable Training Related Costs(SHSP and UASI)
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.g., HHS and DOT).Training conducted
using HSGP funds should address a performance gap identified through an AAR/IP or other assessments
(e.g., National Emergency Communications Plan NECP Goal Assessments)and contribute to building a
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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, Implementation and Evaluation model of instructional design using the Course
Development Tool.
• Overtime and backfill for 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/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)
• Instructor certification/re-certification
• Coordination with Citizen Corps Councils in conducting training exercises
• Interoperable communications training
Additional Training Information
Per DHS/FEMA Grant Programs Directorate Policy FP 207-008-064-1, 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 Extremism
courses. DHS/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. If these reviews determine that courses are
outside the scope of this guidance, Sub-Recipients will be asked to repay grant funds expended
in support of those efforts.
For further information on developing courses using the instructional design methodology and
tools that can facilitate the process, SAAs and TPOCs are encouraged to review the NTED
Responder Training Development Center(RTDC)website.
DHS/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 Preparedness (CDP),the Emergency Management Institute (EMI), and the National
Training and Education Division's (NTED)training partner programs including,the Continuing
Training Grants,the National Domestic Preparedness Consortium (NDPC)and the Rural
Domestic Preparedness Consortium (RDPC).
Approved State and Federal Sponsored Course Catalogue.This catalogue lists state and
Federal sponsored courses that fall within the DHS/FEMA mission scope, and have been
approved through the FEMA course review and approval process.An updated version of this
catalog can be accessed at: www.firstrespondertraining.gov.
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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 FEMA 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. In addition, States,territories, Tribes, and Urban Areas are encouraged to
incorporate the private sector in government-sponsored training and exercises.
Additional information on both DHS/FEMA provided training and other federal and state training
can be found at: www.firstresoondertraininq.gov.
Training Information Reporting System ("Web-Forms").Web-Forms is an electronic
form/data management system 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.firstrespondertraininq.gov/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.
• In order to receive payment for successfully attending an authorized training course,the Sub-
Recipient must provide the Division with a certificate of course completion; additionally, the
Sub-Recipient must provide the Division with all receipts that document the costs incurred by
the Sub-Recipient in order to attend the course.
• In order the receive payment for successfully conducting an authorized course,the Sub-
Recipient must provide the Division with the course materials and a roster sign-in sheet;
additionally, the Sub-Recipient must provide the Division with all receipts that document the
costs incurred by the Sub-Recipient in order to conduct the course."
• For courses that are non-DHS approved training, Sub-Recipient must request approval to
conduct training through the use of the Non-TED Form and provide a copy, along with email,
showing approval granted for conduct.
• For the conduct of training workshops, Sub-Recipient must provide a copy of the course
materials and sign-in sheets.
• The number of participants must be a minimum of 15 in order to justify the cost of holding a
course. For questions regarding adequate number of participants please contact the FDEM
State Training Officer for course specific guidance. Unless the Sub-Recipient receives
advance written approval from the State Training Officer for the number of participants,then
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the Division will reduce the amount authorized for reimbursement on a pro-rata basis for any
training with less than 15 participants.
• The Sub-Recipient must include with the reimbursement package a separate copy of the
page(s)from the State (and County or Regional)MYTEP reflecting the training.
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.gov/authorized-equipment-list. Unless otherwise stated, equipment 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 certifications 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
this agreement are for the purposes specified in "Florida's Domestic 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 FDEM 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 Office of Domestic Preparedness at: 2555 Shumard Oak
Blvd., 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)
• Equipment Marking. Equipment purchased with OPSG funding is intended to be used to
support Operation Stonegarden activities; it must be appropriately marked to ensure its
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ready identification and primary use for that purpose. When practicable, any equipment
purchased with OPSG funding shall be prominently marked as follows: "Purchased with
DHS funds for Operation Stonegarden Use".
• Fuel Cost and/or Mileage Reimbursement. There is no cap for reimbursement of fuel
and mileage costs in support of operational activities.
• Vehicle and Equipment Rentals. Allowable purchases under OPSG include patrol cars
and other mission-specific vehicles whose primary use is to 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 the purchase of Controlled Equipment; however, because of the nature of
the equipment the potential impact on the community,there are additional and specific requirements in
order to acquire this equipment. Refer to IB 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 this agreement can retain a
maximum of up to 5% of their total agreement award amount for M&A costs.
M&A activities includes:
• Hiring of full-time or part-time staff or contractors/consultants:
• To assist with the management of the respective grant program.
• To assist with application requirements.
• To assist with the compliancy with reporting and data collection requirements.
G. Procurement
All procurement transactions will be conducted in a manner providing full and open
competition and shall comply with the standards articulated in:
• 2 C.F.R. Part 200;
• Chapter 287, Florida Statues; and,
• any local procurement policy.
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 requirement
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 this agreement.
Additionally, the Sub-Recipient shall not execute a piggy-back contract unless the Division has
approved the scope of work contained in the original contract that forms the basis for the
piggy-back contract. Also, in order to receive reimbursement from the Division,the Sub-
Recipient must provide the Division with a suspension and debarment form for each vendor
that performed work under the agreement. Furthermore, if requested by the Division,the Sub-
Recipient shall provide copies of solicitation documents including responses and justification
of vendor selection.
H. Piggy-backing
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The practice of procurement by one agency using the agreement of another agency is called
piggybacking. The ability to piggyback onto an existing contract is not unlimited. The
existing contract must contain language or other legal authority authorizing third parties to
make purchases from the contract with the vendor's consent. The terms and conditions of
the new contract, including the scope of work, must be substantially the same as those of the
existing contract. The piggyback contract may not exceed the existing contract in scope or
volume of goods or services. An agency may not use the preexisting contract merely as a
"basis to begin negotiations"for a broader or materially different contract.
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. In pertinent
part, Section 215.971(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 information required pursuant to s. 215.97.
I. Overtime and Backfill
The entire amount of overtime costs, including payments related to backfilling personnel,which are
the direct result of time spent on the design, development, and conduct of exercises are allowable
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expenses. These costs are allowed only to the extent the payment for such services is in accordance
with the policies of the State or unit(s)of local government and has the approval of the State or the
awarding agency,whichever is applicable. In no case is dual compensation allowable.That is, an
employee of a unit of government may not receive compensation from their unit or agency of
government AND from an award for a single period of time (e.g., 1:00 p.m.to 5:00 p.m.),even though
such work may benefit both activities. Requests for overtime or backfill must be reduced by the
number of hours of leave 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 OP SG)
Per FEMA policy, the purchase of weapons and weapons accessories is not allowed with HSGP.
J. Reporting Requirements
1. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within thirty(30)days after the end of the reporting
periods (March 31, June 30, September 30 and December 31)for the life of this contract.
• If a report(s)is delinquent,future financial reimbursements will be withheld until
the Sub-Recipient's reporting is current.
• If a report goes two (2)consecutive quarters without Sub-Recipient reflecting any
activity and/or no expenditures will likely result in termination of the agreement.
Programmatic Reporting Schedule
Reporting Period Report due to FD EM no later than
January 1 through March 31 April 30
April 1 through June 30 July 31
July 1 through September 30 October 31
October 1 through December 31 January 31
2. Programmatic Reporting-BSIR
Biannual Strategic Implementation Report:
After the end of each reporting period, for the life of the contract unless directed otherwise,
the SAA,will complete the Biannual Strategic Implementation Report in the Grants Reporting
Tool (GRT) https://www.reportinq.odp.dhs.gov. 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.
3. 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
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Budget". A line item number is to be included for every dollar amount listed in the"Detail of
Claims"form.
4. Close-out Programmatic Reporting:
•
The Close-out Report is due to the Florida Division of Emergency Management no later than sixty
(60)calendar days after the agreement is either completed or the agreement has expired.
K. Programmatic Point of Contact
Contractual Point of Contact Programmatic Point of Contact
Shelly Powell Katie Jones
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
(850)815-4356 (850)815-4352
shelly.powell@em.myflorida.com katie.jones@em.myflorida.com
L. Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in scope of work.
• The FDEM shall administer the financial processes.
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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 Identification and Risk Assessments (THIRAs).The capability
levels are assessed in the State Preparedness Report(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 101 v.2. For additional information,
please see http://www.fema.qov/pdf/about/divisions/npd/CPG 101 V2.pdf or grant guidance(Notice of
Funding Opportunity). For the purposes of this Agreement, 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, Intelligence 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 (MYTEP), and B)County or Regional
TEP for the region in which the Sub-Recipient is geographically located. Information related to TEPs and
HSEEP compliance can be found online at: https://www.11is.dhs.gov/hseep. For the purposes of this
Agreement, any exercise which is compliant with HSEEP standards and contained in the State of Florida
MYTEP qualifies as an authorized exercise. The Sub-Recipient can successfully complete an authorized
exercise either by attending or conducting that exercise.
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.gov/. For the purposes of
this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized
course. The Sub-Recipient can successfully complete an authorized course either by attending or
conducting that course.
Equipment Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse
the Sub-Recipient for the actual cost of purchasing an item identified in the approved project funding
template and budget of this agreement and listed on the DHS Authorized Equipment List(AEL). For the
purposes of this Agreement, any item listed on the AEL qualifies as an authorized item. The 21 allowable
prevention, protection, mitigation, response, and recovery equipment categories and equipment
standards for HSGP are listed on the web-based version of the Authorized Equipment List(AEL)on the
Lessons Learned Information System at http://beta.fema.gov/authorized-equipment-list. In addition,
agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the
requested equipment.
48
16E 8
Management Deliverable: Subject to the funding limitations of this Agreement,the Division shall
reimburse the Sub-Recipient for the actual cost for Management and Administration (M&A)activities.
Costs for allowable items will be reimbursed if incurred and completed within the period
of performance, in accordance with the Scope of Work, Attachment B of this agreement
49
16E 8
ATTACHMENT D
PROGRAM STATUTES AND REGULATIONS
1) Age Discrimination Act of 1975 42 U.S.C. §6101 et seq.
2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) Chapter 252, Florida Statutes
6) Title VI of the Civil Rights Act of 1964 42 U.S.C. §2000 et seq.
7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C. §3601 et seq.
8) Copyright notice 17 U.S.C. §§401 or 402
9) Assurances,Administrative Requirements and Cost Principles 2 C.F.R. Part 200
10) Debarment and Suspension Executive Orders 12549 and 12689
11) Drug Free Workplace Act of 1988 41 U.S.C. §701 et seq.
12) Duplication of Benefits 2 C.F.R. Part 200, Subpart E
13) Energy Policy and Conservation Act 42 U.S.C. §6201
14) False Claims Act and Program Fraud Civil Remedies 31 U.S.C.§ 3729 also 38 U.S.C. §3801-3812
15) Fly America Act of 1974 49 U.S.C. §41102 also 49 U.S.C. §40118
16) Hotel and Motel Fire Safety Act of 1990 15 U.S.C. §2225a
17) Lobbying Prohibitions 31 U.S.C. § 1352
18) Patents and Intellectual Property Rights 35 U.S.C. §200 et seq.
19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act
20) Terrorist Financing Executive Order 13224
21) Title IX of the Education Amendments of 1972(Equal Opportunity in Education Act)20 U.S.C. § 1681
et seq.
22) Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104
23) Rehabilitation Act of 1973 Section 504, 29 U.S.C. §794
24) USA Patriot Act of 2001 18 U.S.C. § 175-172c
25) Whistleblower Protection Act 10 U.S.C. §2409, 41 US.C.4712, and 10 U.S.C. §2324, 41 U.S.C. § §
4304 and 4310
26) 53 Federal Register 8034
27) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
50
16E 8
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT:
If you are requesting an advance,indicate same by checking the box below.
[ ]ADVANCE REQUESTED
Advance payment of$ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff,award benefits to clients,duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance,complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20_-20 Anticipated Expenditures for First Three Months(90
(list applicable line items) days)of Funding Agreement
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION(For each line item,provide a detailed justification explaining the need for the
cash advance. The justification must include supporting documentation that clearly shows the advance will
be expended within the first ninety(90)days of the Funding Agreement term. Supporting documentation
should include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the
Division reasonable and necessary support that the advance will be expended within the first ninety(90)
days of the Funding Agreement term. Any advance funds not expended within the first ninety(90)days of
the contract term shall be returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee,
Florida 32399,within thirty(30)days of receipt,along with any interest earned on the advance)
51
16E 8
ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
Financial Management
The Sub-Recipient's financial management system must comply with 2 C.F.R.§200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.F.R.§200, Part D—Post Federal Award Requirements—Procurement Standards(2
C.F.R.§§200.317 through 200.326).
Codes of conduct.
The Sub-Recipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts, No employee, officer,or agent shall
participate in the selection, award,or administration of a contract supported by public grant funds if a real
or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer,
or agent, any member of his or her immediate family, his or her partner,or an organization which employs
or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for
an award, The officers,employees,and agents of the Sub-Recipient shall neither solicit nor accept
gratuities,favors,or anything of monetary value from contractors or parties to subcontracts. The
standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by
officers,employees, or agents of the Sub-Recipient.
Business Hours
The Sub-Recipient shall have its offices open for business,with the entrance door open to the public, and
at least one employee on site, from M-F 8-5
Licensing and Permitting
All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Sub-Recipient.
52
16E 8
ATTACHMENT G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Sub-Recipient, , certifies,
by submission of this document,that neither it nor its principals is presently debarred,suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Sub-Recipient's subcontractor is unable to certify to the above statement,the
prospective subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Sub-Recipient's Name
Name and Title FDEM Contract Number
Street Address Project Number
City, State, Zip
Date
53
16E 8
ATTACHMENT H
STATEMENT OF ASSURANCES
All of the instructions, guidance, limitations, 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 Identifier Requirements located at 2
C.F.R. Part 25,Appendix A, the full text of which incorporated here by reference in the terms and
conditions of your award.
All Sub-Recipients must acknowledge and agree to comply with applicable provisions governing DHS
access to records, accounts, information,facilities, and staff.
1. Sub-Recipient must cooperate with any compliance review or compliant investigation conducted by
the State Administrative Agency or OHS.
2. Sub-Recipient will give the State Administrative Agency, OHS or through any authorized
representative, access to and the right to examine and copy records, accounts, and books, papers, or
documents related to the grant.
3. Sub-Recipient must submit timely, complete, and accurate reports to the FDEM and maintain
appropriate backup documentation to support reports. Sub-Recipients should also comply with all other
special reporting, data collection and evaluation requirements, as prescribes by law or detailed in
program guidance.
4. If, during the past three years,the Sub-Recipient has been accused of discrimination on the grounds
of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial
status, the Sub-Recipient must provide a list of all such proceedings, pending or completed, including
outcome and copies of settlement agreements to FDEM for forwarding to the OHS awarding office and
the DHS Component.
5. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a Sub-Recipient of funds, the Sub-Recipient will forward a copy of the finding to the
Office for Civil Rights, Office of Justice Programs.
54
16E 8
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 grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used
in the project is under consideration for listing by the EPA.
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
16E 8
ATTACHMENT I
MANDATORY CONTRACT PROVISIONS
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the Sub-Recipient to include the require
provisions. The Division provides the following list of sample provisions that may be required:
OMB Guidance Pt.200,App. U
• (D)Davis-Bacon Act,.as amended(40 U.S.C, materials or articles ordinarily available on
2141 3148).Whon required by Federal program the open market, or contracts for transpar-
legislation,all prime construction contracts tattoo or transmission of intelligence.
inexcess of 02,000 awarded by non-Federal (F) Rights to Inventions Made Under a
entities must indlldk,a provision for oomph- Contract or Agreement.If the Pederal award
noes with the vIs-Bacon Act (40 U.S.C. rousts the definition of"funding agreement-
21.41--2144. and 3146-11197 as supplemented by under 87 CPR 4401.2(tt1 and the recipient or
:Department of Labor regulations (29 CFR subreciptant wishes to enter into a contract
Part 5. •Labor Standards;Provisions Appl]- with a small business firm or nonprofit orga-
cable to Contracts Covering Federally, F1- isissilon regarding the substitution of par-
named and Assisted Construction"). in ac- ties, assignment or performance of expert-
cordance with the statute, contractors must mental. developmental, or research work
be required to pay wages to laborers and me- under that "funding agreement" the rec:ipi-
chaarlcs at a rate not less than the prevailing sot or subreciplent must comply with the re-
wages specified in a wage determination quirements of 37 CFR Part 401,"Meta.:to In-
made by the Secretary of Labor.In addition, ventions Made by Nonprofit Organisations
contractors must be. required to pay wages and Small Business Firms Under Govern,
not less than ones a week.The non-Federal meat. Crania. Contracts and Cooperative
entity must place a copy of the current pro- Agreements,-and any implementing raguis-.
vail.ing wage determination issued by the Ile- irons Issued by the awarding agency.
partlnent•of Labor in each solicitation Tim (Cl)Clean Air Act(:12 U.S.C,7401-7671q.)and
decision.to award a contract or subcontract the Federal Water Pollution Control Act(a1
must be conditioned upon the acceptance of U.S.C.1251.1.387),as amended—Contracts and.
the wage determination..The non-Federal en- subgrants of amounts in excess of 1150..200
lily must report all suspected or reported must contain a provision that requires the
violations to the Federal awarding agency. nun-Podoi'al award to agree to comply with
The contracts must also include a provision all applicable standards, orders or regula-
for compliance with the Copeland "Anti- tions issued pursuant to the Clean Air Act
Kickback" Act (40 U,S.C, 31751. as supple- (42 U.S.C. 7401-7671y) and the Federal Water
mooted by Department of Labor regulations Pollution Control Act as amended(al U23 C,
(29 CFR Part 8. "Contractors and Sub- 1251.-1887),Violations must be reported to the,
contractors on Public Building or Public Federal awarding agency anti the Regional
Work Financed in Whole or I:n fart by I:,oans Office of the Environmental. Protection
or-Grants from the United States").The Act Agency(EPA),
provides that:, each contractor or sub.- (H:) Mandatory standards and policies re-
recipient must,be prohibited from Inducing., lacing to snores efficiency which are con-
by any means. any person employed In the tamed in the state energy conservation plan
construction.completion.or repair of public issued in compliance with the Energy Policy
work, to give up any part of the compun:.fa- and Conservation Act.(42 U,S.C.Cs_'rtt1)-
tion to which he or she is otherwise entitled, tI) Debarment and Suspension (Executive
The non-Federal entity must report all sus- Orders 12549 and 12019)-..-A contract award
posted or reported violations to the Federal (see 2 CPR 1110.220)must not he made to par-
awarding agency. ties listed on the governmentalde hilusfed
(it) Contract Work Hours and Safety Parties€1 t System in fres System for Award
Standards Act s10 U.S,C. 3701:-370t3). Whore M,ana._.mint(SAM), in accordance with the
applicable.all contracts awarded by the non- 05111 guidelines at 2 CFR MO that implement
Federal entity in excess of 4904..000 that in- Executive Orders 12549 (3 CFR Part, 1.1(82
volve the employment:of mechanics or labor- Conip.. p. .199i and 12280 (8 CPR Part 1909
era roust include a.provision ft»•compliance Comp.,p.235),"Debarment and Suspension."
with 40 U.C.C.8702 and 3704,as supplemeo sd 1110 Excludtsd Parties List System in SAM
by Department of Labor regulations(29 CFR contains the names of parties debarred,sus-
Part 5'd.Under 40 U.S.C.3702 of the Act,each pended,or otl;or-wLss excluded by agencies.,as
contractor must be required to compute the well as parties declared ineligible under stet-
wages of every mechanic and laborer on the uteery or regulatory authority other than Ex--
basis-of a standard work week of 40 hours. ecutive Order 12519,
Work in excess of the standard work week is (,p) Byrd Anti-Lobbying Amendment (111.
permissible provided that the worker is comm U.S.C. 13.52;......Corrtractcra that apply or hid
piansatsad at a rate of not less titan one and a for an award of$120,0570 or more must filo the
half times the basic rate of pay for all hours required.certification.Each tier esertl.ftes tri
worked in excess of 40 hours in the work the tier also-vs that It will not anti has not
week:.The requirements of 40 U.S.C. 1701 are used Perim:al appropriated funds to pay any
applicable to construction work and provide person or organization for Influencing or at,
that no laborer or mechanic must be re- tempting to Influence an officer or employee
qutred to work in surroundings or u.racler of any agency,a member of Congresss,officer
working conditions which are unsanitary, or employee of Congress,or an employee of a
hazardous-or dangerous.These requirements member of Congress in connection with ob-
eli)not apply to the purchases of supplies ar inning any Federal contract, grant or any
195
56
1 6 E 8
•
Pt.200,App. DI 2 CFR Ch.H(1-1-14 Edition)
other award covered by 31 U.S.0,1352, Each (1) Sponsoved research means all research
tier must also disclose any lobbying with and development activities that are sport-
non-Federal funds that takes place in con- mired by Federal and non-Federal agencies
import with obtaining any Federal award, and organizations.This term includess,actita-
Such disclosures are forwarded from tier to ties involving the training of individuals in
tier up to the non-Federal award. research techniques (commonly called re-
(E) See 330.3.32. Procurement of recovered seaxch training)where such activities utilize
marlthe same facilities as other research and de-
velopment activities and where such activi-
APPENDIX. TO PART 200—INDIRECT ties are not included in the Instruction fano-
(F&A) COSTS IDENTIFICATION AND lion.
ASSIGNMENT, ANI) RATE DETERMDIA- (2) Universito research moans all research
TION FOR INSTITUTIONS OF Hifiltrin and development activities that are sopa-
EDUCATION(IHEs) rately budgeted and accounted for by the In-
stitution under an internal application of In-
A,GENICRAL stitutional funds. University research, for
purposes of this document, must, he corn-
This appendix provides criteria for identi-
bitted with sponsored research under the
lying and computing indirect (or indirect
(P&M)rates at IHEs(institutions). Imbued: function of organized research.
(P&A) costs are those that are incurred for „L' tpen,sorpduafvitwa mean programs
common or joint objectives and therefore Othsw by Federal and nun
cannot agencies and organizations which In
be identified readily and specifically
with a particular sponsored project, an In volve the perfbrmance of work other than In-
LIstructilon and Orgall1747KI researth, Examples uctional .activity, or any other Institu-
tional activity. See sulasection iii Mini- of such programs and projects are health
tion of Facilities and Administration, for a servi"e protects and community Service pro-
discussion of the components of Indirect grams,However,when any of these activities
(F&A)costs, are undertaken by the Institution without
outside support, they may be classified as
3.Major Functions of another institutional activities,
Refers to instruction, organized nesearch, Ot4er instnlitenalq acHnHien means all;n-
other sponsored ctivities
and other Immo_ tivities of an institution except for instruc-
a , ..
tional activities as defined In this section: Windepartmental researchorganized ra-
wtrectto„ means the teaching and search,and other sponsored activities,as de,-
fined M this section:indirect(P&A)cost as'
for
activities of an institution. Except.
tividies identified in this Appendix para-
for research training as provided in sub-
section h,this term includes all teaching and graph 13,Identification and assignment of in-
trainingdirect CF'&A) costs: and specialized services
activities. whether they aro offered
for credits toward a degree or certificate or facilities described in §301).468 Specialized
on a non-credit basis, and whether they are service facilities of this Part.
offered through regular academic depart- Examples of other institutional activities
meats or separate divisions, such as a sum- include operation of residence halls, dining
halls. hospitals and clinics, student unions.
mer school division 01'an extension division.
Also considered part of this.major function I nterto logl ate athletics,bookstores,faculty
are departmental research, and, where housing, student apartments, guest houses,
agreed to,university research, chapels,theaters,public museums.and other
(
similar auxiliary:enterprises,This definition 1)Sponsored instruction and training means
specific instructional or trainin,activity es. also includes any other categories of utivi-
tablished by grant. contranA, or cooperative ties. costs of which are -unallowable” to
agreement. For purposes of the cost prin. Federal awards, unless otherwise indicated
ciples, this activity may be considered a in an award.
major function even though an institution's 2.Criteria Pr Distribution
accounting treatment may include it in the
instruction function. a, Base period. A base period for distribu-
(2) Departmental research means IVS0:11t11, tion of indirect tF&A) costs Is the period
development and scholarly activities that during which the costs are incurred The
are not organized research and, con- base period normally should coincide with
sequently, are not separately budgeted and the fiscal year established by the Institution.
accounted for. Departmental research, for but In any event the base period should be so
purposes of this document, is not considered selected as to avoid inequities in the dir.-
as a:major function,but as a part of the in- tributlon of costs..
:a:ruction function of the institution. b. Need for cost groupings. The overall ob-
b, Organized research. means all research jective of the indirect(WA)cost,allocation
and development activities of an institution process is to distribute the indirect (F&A)
that,are separately hudirethd and accounted costs described in Section B. Identification
for,It includes: and assignment of indirect (F&A) costs, to
196
57
16E 8
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(FDEM)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)grant guidance and statutory regulations. The monitoring process
is designed to assess a Sub-Recipient agency's compliance with applicable state and federal
guidelines.
Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits.
There are two primary areas reviewed during monitoring activities-financial and programmatic
monitoring. Financial monitoring is the review of records associated with the purchase and
disposition of property, projects and contracts. Programmatic monitoring is the observation of
equipment purchased, protocols and other associated records. Various levels of financial and
programmatic review may be accomplished during this process.
Desk monitoring is the review of projects,financial activity and technical assistance between FDEM
and the applicant via e-mail and telephone. On-Site Monitoring are actual visits to the Sub-
Recipient agencies by Division representatives who examines records, procedures and equipment.
Frequency of annual mon itorinq activity:
Each year the FDEM will conduct monitoring 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. It 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 include:
Management and administrative procedures;
Grant folder maintenance;
Equipment accountability and sub-hand receipt procedures;
Program for obsolescence;
Status of equipment purchases;
Status of training for purchased equipment;
Status and number of response trainings conducted to include number trained;
58
16E 8
Status and number of exercises;
Status of planning activity;
Anticipated projected completion;
Difficulties encountered in completing projects;
Agency NIMS/ICS compliance documentation;
Equal Employment Opportunity(EEO Status);
Procurement Policy
FDEM may request additional monitoring/information 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 participate in desk top
monitoring as determined by FDEM. This contact will provide an opportunity to identify the need for
technical assistance(TA)and/or a site visit if FDEM determines that a Sub-Recipient is having
difficulty completing their project.
As difficulties/deficiencies are identified,the respective region or sponsoring agency will be notified
by the program office via email. Information will include the grant Sub-Recipient agency name,
year and project description and the nature of the issue in question. Many of the issues that arise
may be resolved at the regional or sponsoring agency level. Issues that require further TA will be
referred to FDEM for assistance. Examples of TA include but are not limited to:
• Equipment selection or available vendors
• Eligibility of items or services
• Coordination and partnership with other agencies within or outside the region or discipline
• 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.
59
16E 8
FDEM 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-site Monitoring Protocol
On-site Monitoring Visits will begin with those grantees that are currently spending or have
completed spending for that federal fiscal year(FFY). Site visits may be combined when
geographically convenient. There is a financial/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 Monitoring Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted.
During this time,the purpose of the site visit and the items FDEM intends to examine will be
identified.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 asset decal (information/serial number)placed
in a prominent location on each piece of equipment as per Sub-Recipient agency requirements.
The serial number should correspond with the appropriate receipt to confirm purchase.
Photographs should be taken of the equipment(large capital expenditures in excess of$1,000. per
item).
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16E 8
If an item is not available(being used during time of the site visit),the appropriate documentation
must be provided to account for that particular piece of equipment.
Other programmatic issues can be discussed at this time, such as missing quarterly reports,
payment voucher/reimbursement, equipment, questions, etc.
Post Monitoring Visit
FDEM personnel will review the on-site monitoring 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 monitoring letter will be generated and sent
to the grantee explaining any issues and corrective actions required or recommendations. Should
no issues or findings be identified, a post monitoring letter to that effect will be generated and sent
to the Sub-Recipient. The Sub-Recipient will submit a Corrective Action Plan within a timeframe as
determined by FDEM. 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.
61
16E $
ATTACHMEMT K
EHP GUIDELINES
ENVIRONMENTAL PLANNING&HISTORIC PRESERVATION (EHP)COMPLIANCE GUIDELINES
The following types of projects are to be submitted to FEMA for compliance review under Federal
environmental planning and historic preservation (EHP)laws and requirements prior to initiation of the
project:
• New Construction, Installation and Renovation, including but not limited to:
o Emergency Operation Centers
o Security Guard facilities
o Equipment buildings (such as those accompanying communication towers)
o Waterside Structures(such as dock houses, piers,etc.)
• Placing a repeater and/or other equipment on an existing tower
• Renovation of and modification to buildings and structures that are 50 years old or older
• Any other construction or renovation efforts that change or expand the footprint of a facility or
structure including security enhancements to improve perimeter security
• Physical Security Enhancements, including but not limited to:
o Lighting
o Fencing
o Closed-circuit television (CCTV)systems
o Motion detection systems
o Barriers,doors, gates and related security enhancements
In addition, the erection of communications towers that are included in a jurisdiction's interoperable
communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions.
Communication tower projects must be submitted to FEMA for EHP review.
EHP DETERMINATION PROCESS
I. Submit the Final Screening Memo to the SAA for review prior to funds being expended.
II. The SAA will review and notify the Sub-Recipient of its decision. The grantee should incorporate
sufficient time and resources into the project planning process to accommodate EHP
requirements.
APPROVAL PROCESS TO FEMA
Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance
Requirements, page 2.
II. The Final Screening Memo should be attached to all project information sent to the Grant
Programs Directorate(GPD)for an EHP regulatory compliance review.
III. Complete the attached National Environmental Policy Act(NEPA)Compliance checklist
IV. Prepare maps indicating the location(s)of proposed project(Guidance provided)
V. Take photographs of the location(s)of proposed project(Guidance provided)
VI. Forward all documents to the SAA. All documents are then forwarded to GPD electronically via
the Centralized Scheduling and Information Desk (CSID)at askcsid(o.,dhs.iov.
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VII. CSID will send an email confirming receipt of the project description.
VIII. FEMA Program Analyst sends notification to SAA when review is complete. SAA notifies Sub-
Recipient of FEMA's final decision.
IX. THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED. Grantee should
incorporate sufficient time and resources into the project planning process to accommodate EHP
requirements. Grantees must receive written approval from FEMA prior to the use of grant funds
for project implementation.
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ATTACHMEMT L
REIMBURSEMENT CHECKLIST
PLANNING
n 1. Does the amount billed by consultant add up correctly?
n 2. Has all appropriate documentation to denote hours worked been properly signed?
n 3. Have copies of all planning materials and work product (e.g. meeting documents, copies
of plans) been included? (Note - If a meeting was held by Sub-Recipient or
contractor/consultant of Sub-Recipient, an agenda and signup sheet with meeting date
must be included).
n 4. Has the invoice from consultant/contractor been included? (Note—grant agreement must
be referenced on the invoice.)
n 5. Has proof of payment been included?
Canceled check
Electronic Funds Transfer(EFT)Confirmation
Credit Card Statement&payment to credit card company for that statement
n 6. Has Attachment G (found within Agreement with FDEM) been completed for this
contractor/consultant and included in the reimbursement package?
n 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting
Forms or Purchasing Basics Attachment if further clarity is needed.
Sole Source (approved by FDEM for purchases exceeding $25,000)
State Contract(page showing contract#, price list)
Competitive bid results (e.g. Quotewire, bid tabulation page)
Consultants/Contractors (Note: this applies to contractors also billed under
Organization)
TRAINING
1. Is the course DHS approved?
2. Is there a course or catalog number? If not, has FDEM approved the non-DHS training?
3. Have Sign-In Sheets, Rosters and Agenda been provided?
n 4. If billing for overtime and/or backfill, has documentation been provided that lists attendee
names, department, # of hours spent at training, hourly rate and total amount paid to
each attendee?
Have documentation from entity's financial system been provided as proof
attendees were paid?
For backfill, has a clear delineation/cross reference been provided showing who
was backfilling who?
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5. Have the names on the sign-in sheets been cross-referenced with the names of the
individuals for whom training reimbursement costs are being sought?
n 6. Has any expenditures occurred in support of the training such as printing costs, costs
related to administering the training, planning, scheduling, facilities, materials and
supplies, reproduction of materials, and equipment? If so, receipts and proof of payment
must be submitted.
Canceled check
Electronic Funds Transfer(EFT)Confirmation
Credit Card Statement&payment to credit card company for that statement
El 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting
Forms or Purchasing Basics Attachment if further clarity is needed.
Sole Source(approved by FDEM for purchases exceeding$25,000)
State Contract(page showing contract#, price list)
Competitive bid results (e.g.Quotewire, bid tabulation page)
EXERCISE
1. Has documentation been provided on the purpose/objectives of the exercise?
Situation Manual
Exercise Plan
n 2. If exercise has been conducted are the following included:
After-action report
Sign-in sheets
Agenda
Rosters
3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at exercise, hourly rate and total paid to each
attendee?
Have documentation from entity's financial system been provided to prove
attendees were paid?
For backfill, has a clear delineation/cross reference been provided showing who
was backfilling who?
n 4. Have the names on the sign-in sheets been cross-referenced with the names of the
individuals for whom exercise reimbursement costs are being sought?
n 5. Have any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in
support of the exercise? If so, receipts and proof of payment must be included.
Canceled check
Electronic Funds Transfer(EFT)Confirmation
Credit Card Statement&payment to credit card company for that statement
6. Has any expenditures occurred on rental of space/locations for exercises planning and
conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be
included.
Canceled check
Electronic Funds Transfer(EFT)Confirmation
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Credit Card Statement&payment to credit card company for that statement
7. Has proof of purchase methodology been included? Please see Form 5 of Reporting
Forms or Purchasing Basics Attachment if further clarity is needed.
Sole Source(approved by FDEM for purchases exceeding$25,000)
State Contract(page showing contract#, price list)
Competitive bid results(e.g. Quotewire, bid tabulation page)
E UIPMENT
1. Have all invoices been included?
I 2. Has an AEL#been identified for each purchase?
❑ 3. If service/warranty expenses are listed, are they only for the performance period of the
grant?
n 4. Has proof of payment been included?
Canceled check
Electronic Funds Transfer(EFT)Confirmation
Credit Card Statement&payment to credit card company for that statement
5. If EHP form needed, has a copy of the approval DHS been included?
6. Has proof of purchase methodology been included? Please see Form 5 of Reporting
Forms or Purchasing Basics Attachment if further clarity is needed.
Sole Source (approved by FDEM for purchases exceeding$25,000)
State Contract(page showing contract#, price list)
Competitive bid results (e.g. Quotewire, bid tabulation page)
TRAVEL/CONFERENCES
n 1. Have all receipts been turned in, itemized and do the dates on the receipts match travel
dates?
Airplane receipts
Proof of mileage(Google or Yahoo map printout or mileage log)
Toll and/or Parking receipts
Hotel receipts(is there a zero balance?)
Car rental receipts
Registration fee receipts
Note: Make sure that meals paid for by conference are not included in per diem
amount
2. If travel is a conference has the conference agenda been included?
n 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
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MATCHING FUNDS
n 1. Contributions are from Non Federal funding sources identified?
2. Contributions are from cash or in-kind contributions which may include training
investments.
n 3. Contributions are not from salary, overtime or other operational costs unrelated to
training.
SALARY POSITIONS
1. Has a signed timesheet by employee and supervisor included?
2. Has proof for time worked by the employee been included? Is time period summary
included?
Statement of Earnings
Copy of Payroll Check
Payroll Register
For fusion center analysts, have the certification documents been provided to the
SAA to demonstrate compliance with training and experience standards?
ORGANIZATION
1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at exercise, hourly rate and total paid to each
attendee?
Have documentation from entity's financial system been provided to prove
attendees were paid?
For backfill, has a clear delineation/cross reference been provided showing who
was backfilling who?
FOR ALL REIMBURSEMENTS- THE FINAL CHECK
1. Have all relevant forms been completed and included with each request for
reimbursement?
n 2. Have the costs incurred been charged to the appropriate POETE category?
3. Does the total on all Forms submitted match?
4. Has Reimbursement Form been signed by the Grant Manager and Financial Officer?
n 5. Has the reimbursement package been entered into Sub-Recipients records/spreadsheet?
6. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown?
7. If this purchase was made via Sole Source, have you included the approved Sole Source
El documentation and justification?
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n 8. Do all of your vendors have a current W-9(Tax Payer Identification)on file?
Please note: FDEM reserves the right to update this checklist throughout the life of the grant to
ensure compliance with applicable federal and state rules and regulations.
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