Agenda 04/10/2012 Item #16F84/10/2012 Item 16.17.8.
EXECUTIVE SUMMARY
Recommendation to approve Department of Homeland Security Grant Agreement 12DS-
29- 09 -21 -01 between Collier County and the Florida Division of Emergency Management
in the amount of $20,000 for State Homeland Security Grant Program to conduct training
and exercises and approve all necessary budget amendments.
OBJECTIVE: That the Board of County Commissioners accept and approve DHS Grant
Agreement 12DS- 29- 09 -21 -01 between the State of Florida, Division of Emergency
Management and Collier County for funds that will enhance emergency program activities
within Collier County for Fiscal Year 2012.
CONSIDERATION: The Emergency Management Department received an Award Notice
dated March 12, 2012 stating that the Federal Government has made available and awarded,
through the Department of Homeland Security, funds in the amount of $20,000.00. This
funding will be used to assist with the logistical support of a full scale hazardous materials
exercise with the Florida National Guard Civil Support Team, the Collier County Hazardous
Material Response team, and the Collier County Sheriff's Special Operations Division.
Additional funds will be used to facilitate training and exercise development between the Collier
County Public and Private Schools and Collier County First Responders for Reunification of
Students and Parents after an Active Shooter incident at a local school. The training and
exercises will be completed prior to the grant end date of July 31, 2012.
FISCAL IMPACT: A budget amendment is required to recognize grant revenue in the amount
of $20,000 to Fund 713 (County Manager Agency Grants), Project #33196 for FY 12. No
matching funds are required.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
requires majority vote, and is legally sufficient for Board action. — CMG
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
Chairman to sign Grant Agreement 12DS- 29- 09 -21 -01 and accept $20,000.00 from the Florida
Division of Emergency Management to conduct training and exercises and authorize the
necessary budget amendment.
Prepared by:
Shanti Smith, Emergency Management Cooridinator
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4/10/2012 Item 16.F.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.8.
Item Summary: Recommendation to approve Department of Homeland Security Grant
Agreement 12DS- 29- 09 -21 -01 between Collier County and the Florida Division of Emergency
Management in the amount of $20,000 for State Homeland Security Grant Program to conduct
training and exercises and approve all necessary budget amendments.
Meeting Date: 4/10/2012
Prepared By
Name: BoniChristine
Title: Administrative Assistant, Senior,
3/22/2012 12:53:07 PM
Submitted by
Title: Administrative Assistant, Senior,
Name: BoniChristine
3/22/2012 12:53:08 PM
Approved By
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 3/22/2012 1:12:33 PM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 3/22/2012 3:20:53 PM
Name: StanleyTherese
Title: Management /Budget Analyst, Senior,Office of Management & Budget
Date: 3/29/2012 1:35:21 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 3/29/2012 3:07:08 PM
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Name: KlatzkowJeff
Title: County Attorney
Date: 3/29/2012 4:25:00 PM
4/10/2012 Item 16.F.8.
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 3/30/2012 12:01:22 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/2/2012 8:51:04 AM
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STATE OF FLORIDA
DIVISION OF EMERGENCY
RICK SCOTT
Govemor
4/10/2012 Item 16.F.8.
MANAGEMENT
BRYAN W. KOON
Director
March 12, 2012
SUBGRANTEE: Collier County Emergency Management
ISSUE NUMBER PROJECT TITLE
7 Delivery of ICS 300 & 400
7 Exercise Program (Table Top)
GRANT PERIOD: October 1, 2009 — July 31, 2012
FEDERAL GRANT NO: 2009-SS-T9-0081
FINAL ALLOCATION
$5,000.00
$15,000.00
AWARD TOTAL: $20,000.00
STATE AGREEMENT NO: Provided Upon Execution
In accordance with the provisions of Federal Fiscal Year 2011 Homeland Security Grant
Program, the Florida Division of Emergency Management hereby awards to the foregoing
Subgrantee a grant in the amount shown above.
Payment of Funds: The Award Letter must be signed by the Official Authorized to Sign in the
space below and the original returned to the Florida Division of Emergency Managemenj
before execution of your agreement. The subgrantee should not expend any funds until then
receive a fully executed agreement from the Florida Division of Emergency Management an j
all Special Conditions are satisfied. Grant funds will be disbursed to subgrantees (according td
the approved project budget) upon receipt of evidence that items have been invoioed
deliverables have been received and that funds have been expended (i.e., invoices, contracts,
itemized expenses, canceled checks, etc.).
Supplantation: The Act requires that subgrantees provide assurance that subgrant funds will
not be used to supplant or replace local or state funds or other resources that would otherwise i
have been available for homeland security activities. In compliance with that mandate, I certifyj
that the receipt of federal funds through Florida Division of Emergency Management shall in nl I
way supplant or replace state or local funds or other resources that would have been made
available for homeland security activities.
Conditions: 1 certify that I understand and agree that funds will only be expended for
those projects outlined in the funding amounts as individually listed above. I also certify
that I understand and agree to comply with the general and fiscal terms and conditions of the
grant including special conditions; to comply with provisions of the Act governing these funds
and all other federal laws; that all information is correct; that there has been appropria
coordination with affected agencies; that I am duly authorized to commit the applicant to then
requirements; and that all agencies involved with this project understand that all federal funds
are limited to a thirty month (30) period.
FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER
36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Row
Lake Mary, FL 32746 -6201 Tallahassee, FL 32399 -2100 Orlando, FL 32809 -5631
Tel: 850- 413 -8869 •Fax: 850- 488 -1016
www.FloridaDisaster.ora j
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4/10/2012 Item 16.F.8.
SPECIAL CONDITIONS
Article 1— Financial Guidelines
1. The grantee and any subgrantee shall comply with the most recent version of the
Administrative Requirements, Cost Principles, and Audit Requirements. A non - exclusive list J
of regulations commonly applicable to DHS grants are listed below:
A. Administrative Requirements
1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non -
Profit Organizations (OMB Circular A -110)
1 44 CFR Part 10, Environmental Considerations
B. Cost Principles
1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal
Governments (OMB Circular A -87)
2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-
21)
3. 2 CFR Part 230, Cost Principles for Non - Profit Organizations (OMB Circular
A -122)
4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with
Commercial Organizations
C. Audit Requirements
1. OMB Circular A -133, Audits of States, Local Governments, and Non - Profit
Organizations
i
Article II — Prohibition on Using Federal Funds
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation
or policy, at any level of government, without the express prior written approval of FEMA.
Article III — Compliance with Program Guidance
The recipient agrees that all allocations and use of funds under this grant will be in accordance
with the FY 2011 Homeland Security Grant Program (HSGP) guidance and application kit.
Article IV — Financial Reports (FDEM Form 1 & 2) Required Quarterly
The recipient shall submit the Financial Report (FDEM Form 1 & 2) within 30 days of the end
of the first Federal quarter covering the grant period of performance. The recipient shall
submit quarterly reports thereafter until the grant ends and final payment is received. Reports
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4/10/2012 Item 161.8.
are due on January 31, April 30, July 31 and October 30. A report must be submitted for every
quarter of the period of performance, including partial calendar quarters, as well as for periods
where no grant activity occurs. Future reimbursement requests may be withheld if these
reports are delinquent. The Close -Out Report (FDEM Form 5) is due within sixty (60) days
after the end date of the performance period.
Article V — Acceptance of Post Award Changes
In the event that FEMA determines that changes are necessary to the award document after
an award has been made, including changes to period of performance or terms and conditions,
recipients will be notified of the changes in writing. Once notification has.been made, any
subsequent request for funds will indicate recipient acceptance of the changes to the award.
Article VI — Trafficking In Persons
A. Provision applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and
sub recipients' employees may not:
a. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect;
b. Procure a commercial sex act during the period of time that the award is
in effect; or
c. Use forced labor in the performance of the award or subawards under
the award.
2. We, as the State awarding agency, may unilaterally terminate this award,
without penalty, if you or a subrecipient that is a private entity:
a. Is determined to have violated a prohibition in paragraph A.1 of this
award term; or
b. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph A.1 of
this award term through conduct that is either:
Associated with performance under this award; or
Imputed to you or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization
that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies
on Governmentwide Debarment and Suspension (Non -
procurement)," as implemented by our agency at 2 CFR Part 3000.
B. Provisions applicable to a recipient other than a private entity. We as the Federal
warding agency may unilaterally terminate this award, without penalty, if a subrecipient
that is a private entity:
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4/10/2012 Item 161.8.
Is determined to have violated a prohibition in paragraph A.1 of this award
term; or
2. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph A.1 of this
award term through conduct that is either:
a. Associated with performance under this award; or
b. Imputed to the subrecipient using the standards and due process
for imputing the conduct of an individual to an organization that are
provided in 2 CFR Part 180, "OMB Guidelines to Agencies on
Government wide Debarment and Suspension (Non-procurement),"
as implemented by our agency at 2 CFR Part 3000.
C. Provision applicable to any recipient.
You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph A.1 of this award
term.
2. Our right to terminate unilaterally that is described in paragraph A.2 or B of
this section:
a. Implements section 106(8) of the Trafficking. Victims Protection Act of
2000 (TVPA), as amended (22 U.S.C. 7104(8)), and
b. Is in addition to all other remedies for noncompliance that are available
to us under this award.
3. You must.include the requirements of paragraph A.1 of this award term in
any subaward you make to a private entity.
D. Definitions. For purposes of this award term:
1. "Employee" means either:
a. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
b. Another person engaged in the performance of the project or program
under this award and not compensated by you including, but not limited
to, a volunteer or individual whose services are contributed by a third
party as an in -kind contribution toward cost sharing or matching
requirements.
2. "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision or obtaining of a person for,
labor or services, through the use of force, fraud, or coercion for the
purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
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4/10/2012 Item 16.F.8.
3. "Private entity" means:
a. Any entity other than a State, local government, Indian Tribe, or foreign
public entity, as those terms are, defined in 2 CFR 175.25.
b. Includes:
i.. A nonprofit organization, including any nonprofit institution of
higher education, hospital, or tribal organization other than one
included in the definition of Indian Tribe at 2 CFR 175.25(b).
ii. A for - profit organization.
4. "Severe forms of.trafficking in persons," "commercial sex act," and "coercion"
have the meanings given at section 103 of the TVPA, as amended (22U.S.C.
7102).
Article VII — Classified Security Condition
A. "Classified national security information," as defined in Executive Order (EO) 12958,
as amended, means information that has been determined pursuant to EO 12958 or
any predecessor order to require protection against unauthorized disclosure and is
marked to indicate its classified status when in documentary form.
B. No funding under this award shall be used to support a contract, subaward, or other
agreement for goods or services that will include access to classified national
security information if the award recipient has not been approved for and has access
to such information.
C. Where an award recipient has been approved for and has access to classified
national security information, no funding under this award shall be used to support a
contract, subaward, or other agreement for goods or services that will include
access to classified national security information by the contractor, subawardee, or
other entity without prior written approval from the DHS Office of Security, Industrial
Security Program Branch (ISPB), or, an appropriate official within the Federal
department or agency with whom the classified effort will be performed.
D. Such contracts, subawards, or other agreements shall be processed and 1
administered in accordance.with the DHS "Standard Operating Procedures,
Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829,
12958, 12968, as amended; the National Industrial Security Program Operating
Manual (NISPOM); and /or other applicable implementing directives or instructions.
All security requirement documents are located at:
hftp://www.dhs.gov/xopnbix/grants/index.shtm
E. Immediately upon determination by the award recipient that funding under this award
will be used to support such a contract, subaward, or other agreement, and prior to
execution of any actions to facilitate the acquisition of such a contract, subaward, or
i
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4/10/2012 Item 16.F.8.
other agreement, the award recipient shall contact ISPB, or the applicable Federal
department or agency, for approval and processing instructions.
DHS Office of Security ISPB contact information:
Telephone: 202 -447 -5346
Email: DD254AdministrativeSecurity (aD-dhs.aov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD /Industrial Security Program Branch
Washington, D.C. 20528
Article VIII — Central Contractor Registration and Universal Identifier Requirements
A. Requirement for Central Contractor Registration (CCR)
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient
must maintain the currency of your information in the CCR until you submit the final
financial report required under this award or receive the final payment, whichever is later.
This requires that applicants and recipients review and update the information at least
annually after the initial registration, and more frequently if required by changes in your
information or another award term.
B. Requirement for Data Universal Numbering System (DUNS) Numbers
If recipients are authorized to make subawards under this award, they:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of
this award term) may receive a subaward from you unless the entity has provided
its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS
number to you.
C. Definitions
For purposes of this award term:
1. Central Contractor Registration (CCR) means the Federal repository into which
an entity must provide information required for the conduct of business as a
recipient. Additional information about registration procedures may be found at
the CCR Internet site (currently at hfp: / /www.ccr.gov).
2. Data Universal Numbering System (DUNS) number means the nine digit number
established and assigned by Dun and Bradstreet, Inc. (D &B) to uniquely identify
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business entities. A DUNS number may be obtained from D&B by telephone
(currently 866 - 705 -5711) or the internet (currently at
http: / /fedgov.ndb.com /webform }.
3. Entity, as it is used in this award term, means all of the following, as defined at 2
CFR part 25, subpart C:
a. A Governmental organization, which is State, local government or
Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for - profit organization; and
e. A Federal agency, but only as a sub recipient under an award or
subaward to a non - Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award to
an eligible subrecipient.
b. The term does not include your procurement of property and services
needed to carry out the project or program (for further explanation, see
Sec. --- -.210 of the attachment to OMB Circular A -133, "Audits of
States, Local Governments, and Non - Profit Organizations ").
c. A subaward may be provided through any legal agreement, including
an agreement that you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the
subaward.
Article IX — Reporting Subawards and Executive Compensation
A. Reporting of first -tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph d. of this award
term, you must report each action that obligates $25,000 or more in Federal
funds that does not include Recovery funds (as defined in section 1512(a)(2) of
the American Recovery and Reinvestment Act of 2009, Pub. L 111 -5) for a
subaward to an entity (see definitions in paragraph e. of this award term).
2. Where and when to report.
a. You must report each obligating action described in paragraph a.1. of
this award term to http: / /www.fsrs.gov.
b. For subaward information, report no later than the: end of the month
following the month in which the obligation was made. (For example, if
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4/10/2012 Item 16.F.8.
the obligation was made on November 7, 2010, the obligation must be
reported no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that
the submission instructions at hfp: / /www.fsrs.gov specify.
B. Reporting Total Compensation of Recipient Executives.
Applicability and what to report. You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal
year, if-
a. the total Federal funding authorized to date under this award is
$25,000 or more;
b. in the preceding fiscal year, your received -
i. 80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
c. The public does not have access to information about the
compensation of the executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code
of 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total
compensation filings at hfp: / /www.sec.gov /answers /execomp.htm)
2. Where and when to report. You must report executive total compensation
described in paragraph b.1. of this award term:
a. As part of your registration profile at hftp: / /www.ccr.gov.
b. By the end of the month following the month in which this award is
made, and annually thereafter.
C. Reporting of Total Compensation of Subrecipient Executives
1. Applicability and what to report. Unless you are exempt as provided in paragraph
d. of this award term, for each first -tier subrecipient under this award, you shall
report the names and total compensation of each of the subrecipient's five most
highly compensated executives for the subrecipient's preceding completed fiscal
year, if-
a. In the subrecipient's preceding fiscal year, the subrecipient received -
i. 80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
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assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and
b. The public does not have access to information about the
compensation of the executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m (a), 78o(d)) or section 6104 of the Internal Revenue Code
of 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total
compensation filings at http: / /www.sec.gov /answers /execomp.htm)
2. Where and when to report. You must report executive total compensation
described in paragraph c.1. of this award term:
a. To the recipient.
b. By the end of the month following the month during which you make
the subaward. For example, if a subaward is obligated on any date
during the month of October of a given year (i.e., between October 1
and 31), you must report any required compensation information of the
subrecipient by November 30 of that year..
D. Exemptions
If, in the previous tax year, you had gross income, from all sources, under
$300,000, you are exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated
executives of any subrecipient.
E. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
a. A Governmental organization, which is State, local government or
Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for - profit organization; and
e. A Federal agency, but only as a sub recipient under an award or
subaward to a non - Federal entity.
2 Executive means officers, managing partners, or any other employees in
management positions.
3. Subaward:
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4/10/2012 Item 16.17.8.
a. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award to
an eligible subrecipient.
b. The term does not include your procurement of property and services
needed to carry out the project or program (for further explanation, see
Sec. .210 of the attachment to OMB Circular A -133, "Audits of
States, Local Governments, and Non - Profit Organizations ").
c. A subaward may be provided through any legal agreement, including
an agreement that you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
a. Receives a subaward from you .(the recipient) under this award; and
b. Is accountable to you for the use of the Federal funds provided by the
subaward.
5. Total compensation means the cash and noncash dollar value earned by the
executive during the recipient's or subrecipient's preceding fiscal year and
includes the following (for more information see 17 CFR 229.402(c)(2)):
a. Salary and bonus.
b. Awards of stock, stock options, and stock appreciation rights. Use the
dollar amount recognized for financial statement reporting purposes
with respect to the fiscal year in accordance with the Statement of
Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R),
Shared Based Payments.
c. Earnings for services under non - equity incentive plans. This does not
include group life, health, hospitalization or medical reimbursement
plans that do not discriminate in favor of executives, and are available
generally to all salaried employees.
d. Change in pension value. This is the change in present value of
defined benefit and actuarial pension plans.
e. Above- market earning on deferred compensation which is not tax -
qualified.
f. Other compensation, if the aggregate value of all such other
compensation (e.g. severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property) for
the executive exceeds $10,000.
Article X — Summary Description of Project
The FY 2011 Homeland Security Grant Program (HSGP) funding shall be used for costs
related to preparedness activities associated with implementing the State Homeland Security
Strategy, any respective Urban Area Security Strategies, and the investments identified during
the application period. The HSGP consists of the State Homeland Security Program (SHSP),
the Urban Area Security Initiative (UASI), the Citizen Corps Program (CCP), the Metropolitan
Medical Response System (MMRS) program, and Operation Stonegarden (OPSG). Together,
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4/10/2012 Item 16.F.8.
these programs provide an integrated mechanism to enhance the coordination of National
Priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and
other emergencies.
Article XI — National Environmental Policy Act (NEPA)
The recipient shall comply with all applicable Federal, State, and local environment and historic
preservation (EHP) requirements and shall provide any information requested by FEMA to
ensure compliance with applicable laws including: National Environmental Policy Act, National
Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
(11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meot
Federal, State, and local EHP requirements and obtain applicable permits may jeopardize
Federal funding. Recipient shall not undertake any project having the potential to impact
Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA{,
including but not limited to communication towers, physical security enhancements, new
construction, and modifications to buildings that are 50 years old or greater. Recipient must
comply with all conditions placed on the project as the result of the EHP review. Any change to
the approved project scope of work will require re-evaluation for compliance with these EHP
requirements. If ground disturbing activities occur during project implementation, the recipient
must ensure monitoring of ground disturbance, and if any potential archeological resources are
discovered, the recipient will immediately cease construction in that area and notify FEMA anti
the appropriate State Historic'Preservation Office. Any construction activities that have been il
initiated prior to the full EHP review could result in a non - compliance finding. For your
convenience, here is the screening form link: (The Screening Form is available at:
(www.fema.gov/doc/government]-grant/bulletinsAnfo329 final screening memo.doc). For
these types of projects, grantees must complete the FEMA EHP Screening Form (OMB
Number 1660 - 0115 /FEMA Form 024 -0 -01) and submit it, will all supporting documentation, to
their respective FDEM grant manager for review. Grantees should submit the FEMA EHP
Screening Form for each project as soon as possible upon receiving their grant award.
ACCEPTANCE FOR THE SUBGRANTEE:
Fred W. Coyle, Chairman Signature of State Administrative
Agency
Date
Date
ATTEST: Dwight E. Brock, Clerk Approved as to Form and Legal Sufficiency
By:
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4/10/2012 Item 165.8.
these programs provide an integrated mechanism to enhance the coordination of National
Priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and
other emergencies.
Article XI — National Environmental Policy Act (NEPA)
The recipient shall comply with all applicable Federal, State, and local environment and histod
preservation (EHP) requirements and shall provide any information requested by FEMA to
ensure compliance with applicable laws including: National Environmental Policy Act, National �
Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
(11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet
Federal, State, and local EHP requirements and obtain applicable permits may jeopardize
Federal funding. Recipient shall not undertake any project having the potential to impact
Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA,
including but not limited to communication towers, physical security enhancements, new
construction, and modifications to buildings that are 50 years old or greater. Recipient must a
comply with all conditions placed on the project as the result of the EHP review. Any change toy
the approved project scope of work will require re- evaluation for compliance with these EHP
requirements. If ground disturbing activities occur during project implementation, the recipient
must ensure monitoring of ground disturbance, and if any potential archeological resources are!
discovered, the recipient will immediately cease construction in that area and notify FEMA and
the appropriate State Historic Preservation Office. Any construction activities that have been
initiated prior to the full EHP review could result in a non - compliance finding. For your
convenience, here is the screening form link: (The Screening Form is available at:
( www. fema. gov/ docA OVemment/ciranttbuiletinsfnfo329 final screening memo doc). For
these types of projects, grantees must complete the FEMA EHP Screening Form (OMB
Number 1660- 0115/FEMA Form 024 -0 -01) and submit it, will all supporting documentation, to
their respective FDEM grant manager for review. Grantees should submit the FEMA EHP i
Screening Form for each project as soon as possible upon receiving their grant award.
ACCEPTANCE FOR THE SUBGRANTEE:
Fred W. Coyle, Chairman
Date
Signature of State Administrative
Agency
Date
ATTEST: Dwight E. Brock, Clerk ( ved as to Form and Legal Sufficiency
By:
Assistant County Attorney
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Contract Number: 12DS29- 09- 21 -01-
CFDA Number: 97.067
FEDERALLY - FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division "), and Collier County
Emergency Management, (hereinafter referred to as the "Recipient ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties or October 1, 2011,
whichever is later, and shall end July 31, 2012, unless terminated earlier in accordance with the
provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB Circular No. A -102, "Common Rule: Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular
No. A -110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost
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Principles for State, Local and Indian Tribal Governments," OMB Circular No. A -21, "Cost Principles for
Educational Institutions," or OMB Circular No. A -122, "Cost Principles for Non - profit Organizations."
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non - expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. 'Reasonable" shall ordinarily mean during normal business
hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Division. 'Reasonable" shall ordinarily mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non - profit organization as defined
in OMB Circular A -133, as revised, and in the event that the Recipient expends $500,000 or more in
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Federal awards in its fiscal year, the Recipient must have a single or program- specific audit conducted in
accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A -133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A -133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A -133,
as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of
the audit must be paid from non - Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB
Circular A -133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),
OMB Circular A -133, as revised, by or on behalf of the Recipient to:
The Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by
submission online at
http: / /harvester.census.gov /fac /collect/ddeindex.html
And to any other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any
management letter issued by the auditor, to the Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
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4/10/2012 Item 16.F.8.
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A -133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non - compliance.
0) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close -out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
(c) The close -out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and /or consultants who are paid from funds provided under this Agreement, to ensure that
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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 to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and /or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the Division. In the event that the Division determines that
a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ( "Events of Default "), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
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(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for
or the extent of non - compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
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4/10/2012 Item 161.8.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar day's prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set -off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Carolyn Washington, Community Assistance Consultant
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Telephone: (850) 410 -1271
Fax: (850) 488 -7842
Email: carol yn .washington(a7em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Shanti Smith
8075 Lely Cultural Parkway
Naples, FI 34113
Telephone:239- 252 -3605
Fax: 239 - 252 -2874
Email :shantismith @colliergov.net
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
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(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the -
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B — Program Statutes, Regulations and Special Conditions
Attachment C — Justification of Advance Payment
Attachment D — Warranties and Representations
Attachment E — Certification Regarding Debarment
Attachment F — Statement of Assurances
Attachment G — Reimbursement Checklist
(17) FUNDING /CONSIDERATION
(a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $20,000
subject to the availability of funds. Attachment G specifies the required documentation needed when
submitting for cost reimbursement under this agreement.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A -87, A -110, A -122 and the Cash
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Management Improvement Act of 1990. All advances are required to be held in an interest - bearing
account. If an advance payment is requested, the budget data on which the request is based and a
justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed use of
these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Recipient certifying that "all disbursements made
in accordance with conditions of the Division agreement and payment is due and has not been previously
requested for these amounts." The supporting documentation must comply with the documentation
requirements of applicable OMB Circular Cost Principles. The final invoice shall be submitted within sixty
(60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division contract manager as part of the
Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Division of Emergency Management" and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399 -2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
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reference. Additional special conditions are listed on Attachment B. The inaccuracy of the submissions
or any material changes shall, at the option of the Division and with thirty days written notice to the
Recipient, cause the termination of this Agreement and the release of the Division from all its obligations
to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101 -336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five -year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
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4/10/2012 Item 165.8.
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4. have not within a five -year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment E) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
0) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat. The provisions of any special or local law, present or future, shall prevail over any conflicting
provisions in this section, but only to the extent of the conflict.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly- funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
( "INA ")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
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4/10/2012 Item 16.F.8.
(o) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form -LLL, "Disclosure of Lobbying Activities."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre- existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise.
12
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4/10/2012 Item 161.8.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre- existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
13
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4/10/2012 Item 16.F.8.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment F.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT: COLLIER COUNTY EMERGENCY MANAGEMENT
By:
Name and title: Fred W. Coyle Chairman
Date: 4/10/12
FEID# 59-6000558156
ATTEST: Dwight E. Brock, Clerk
By:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title: Bryan W. Koon, Director
Date:
prov as to Form and Legal Sufficiency
Assistant County Attorney
14
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4/10/2012 Item 16.F.8.
EXHIBIT — 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: Department of Homeland Security -State Homeland Security Grant Program
(SHSGP)
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $20,000
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. First applicable compliance requirement (e.g., what activities /services /purposes the federal
resources must be used for): Recipient is to use funding to perform the following eligible activities as
identified in the United States Department of Homeland Security, Federal Emergency Management
Agency, National Preparedness Directorate Fiscal Year 2011 -12 State Homeland Securi y Grant Program
(SHSGP), consistent with the Department of Homeland Security State Strategy.
2. Second applicable compliance requirement (e.g., eligibility requirements for reci Tents of the
resources: Recipient is subject to all administrative and financial requirements as set fort in this
Agreement, or will be in violation of the terms of the Agreement.
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
15
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4/10/2012 Item 161.8.
Attachment A
Budget and Scope of Work
Proposed Program Budget
*l: Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed
Program Budget" as a guide for completing the "Budget Detail Worksheet" below.
The equipment category will require a "Detailed Budget Worksheet" including the proposed equipment to be purchased and the corresponding
Authorized Equipment List (AEL) reference number. The AEL can be found at www.rlih_us.
11I 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.
However, at the discretion of the Recipient, funds allocated to Management and Administration costs (as described in the "Proposed Program
Budget ") may be put towards Programmatic costs instead. However, no more than 3% of each Recipients' total award may be expended on
Management and Administration costs.
16
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4/10/2012 Item 161.8.
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award amount as described in the
"Proposed Program Budget".
If any changes need to be made to the "Budget Detail Worksheet ", after the execution of this contract, contact the grant manager listed in this agreement via
email or letter.
Budget
ilktsicabls T raitt4ti ; t Ub�b 4 uantiti I. nit Cast 1ntal iU
u d d
a =, y
qtr .,I,�
Overtime and backfill for emergency preparedness and
response personnel attending FEMA- sponsored and
approved training classes.
Overtime and backfill expenses for part-time and
volunteer emergency response personnel participating in
FEMA training.
Training Workshops and Conferences
Full or Part-Time Staff or Contractors /Consultants
1
5000.00
5000.00
7
Travel
Supplies
Tuition for higher education
Other items
A complete list of FEMA approved courses may be found at Fedcral Courses ndf
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
1
5000.00
5000.00
7
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
3000.00
awarding agency, whichever is applicable. The services of
Z
3000.00
6000.00
7
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
17
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4/10/2012 Item 16.17.8.
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: /iww�v.olp.usdoj.co�: FinCiu.ide.
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
1
4000.00
4000.00
7
equipment).
Other Items - These costs include the rental of
space /locations for exercise planning and conduct,
exercise signs, badges, etc.
TOTAL
20,000
IN
Packet Page -1534-
4/10/2012 Item 16.F.8.
Scope of Work
Funding is provided to perform eligible activities as identified in the Fiscal Year 2009 Homeland Security Grant Program, consistent with the
Department of Homeland Security State Strategy. The intent of this agreement is to complete the following approved projects:
Issues and Project Description
Issue 7 - Local Training and Exercises - The project provides support to Florida's 67 counties through all hazard and all - discipline
funding for a variety of plans, training and exercises. Each county was allowed to choose a gap that existed in their county from a list
of specific plans, NIMS compliant training or exercises. These exercises were also chosen from a list of tabletop, functional or
executive level. Cost estimates based on size of the county were gathered from the most recent available information.
II. Categories and Eligible Activities
Eligible activities are outlined in the Scope of Work for each category below. FY2009 SHSGP allowable costs are divided into the
following categories: training and exercise costs. Each category's allowable costs have been listed in the "Budget Detail
Worksheet" above. Eligible activities should support the above approved projects.
A. Training
Allowable training - related costs include, but are not limited to, the following:
• Funds used to develop, deliver, and evaluate training, including costs related to administering the training,
planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment.
Overtime and Backfill costs, as defined in this guidance, associated with attending or teaching FEMA- sponsored
and/or approved training courses and programs are allowed. 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 both 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. Further, overtime costs associated with employees who participate in training in a teaching role for which
they are compensated are not allowed.
• Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status
for official business related to approved training.
• Hiring of Full or Part-Time Staff or Contractors /Consultants to support training- related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of the State or unit(s) of local government and
have the approval of the State or awarding agency, whichever is applicable. Such costs must be included within the
funding allowed for program management personnel expenses, which must not exceed 15 percent of the total
allocation as specified in section E.6. In no case is dual compensation allowable (see above).
• Certification/Recertification of Instructors is an allowable cost. States are encouraged to follow the FEMA
Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of
evaluation of student learning. This is particularly important for those courses that involve training of trainers. This
information is contained in an Information Bulletin #193, issued October 20, 2005.
Training Activities
States, territories, and Urban Areas are strongly encouraged to use HSGP funds to develop a State /territory homeland
security training program. Allowable training related costs under HSGP include the establishment, support, conduct,
and attendance of training specifically identified under the SHSP, UASI, MMRS, and CCP grant programs.
Allowable training topics include, but are not limited to, CBRNE terrorism, cyber /agriculture /food security,
intelligence gathering and analysis, NIMS related training, citizen and community preparedness, and training for
volunteers. Training conducted using HSGP funds should address a performance gap identified through an After
Action Report/Improvement Plan (AAR/IP) or contribute to building a capability that will be evaluated through an
exercise. Exercises should be used to provide the opportunity to demonstrate and validate skills learned in training, as
well as to identify training gaps. Any training or training gaps should be identified in the AAR/IP and addressed in
the State or Urban Area training cycle. All training and exercises conducted with HSGP funds should support the
development and testing of the jurisdiction's Emergency Operations Plan (EOP) or specific annexes, where
applicable.
19
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4/10/2012 Item 16.17.8.
Exercises
Exercises conducted with FEMA support must be managed and executed in accordance with the Homeland Security Exercise
and Evaluation Program ( HSEEP). HSEEP Volumes One, Two, and Three contain guidance for exercise design,
development, conduct, evaluation, and improvement planning. HSEEP Volume Four provides sample exercise materials, and
HSEEP Volume Five: Prevention Exercises contains guidance and recommendations for designing, developing, conducting,
and evaluating prevention- focused exercises. All volumes can be found at http:4'hseep.dhs.gov.
All exercises using HSGP funding must be NIMS compliant. More information is available online at the NIMS Integration
Center, It r.i:ivww. erna. gal „,smer- errcvinimslinder.shitn.
Allowable exercise - related costs include:
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise — Includes costs related to planning,
meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation.
• Hiring of Full or Part-Time Staff or Contractors /Consultants — Full or part-time staff may be hired to
support exercise - related activities. Such costs must be included within the funding allowed for program
management personnel expenses, which must not exceed 15 percent of the total allocation. The applicant's
formal written procurement policy or the Federal Acquisition Regulations (FAR) — whichever is more stringent
— must be followed. In no case is dual compensation allowable.
• Overtime and Backfill — Overtime and backfill costs associated with the design, development, and conduct of
exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in
accordance with the policies of the state or unit(s) of local government and has the approval of the state or the
awarding agency, whichever is applicable. In no case is dual compensation allowable (see above).
• Travel — Travel costs are allowable as expenses by employees who are on travel status for official business
related to the planning and conduct of exercise project(s).
• 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).
• Other Items — These costs include the rental of space/locations for exercise planning and conduct, rental of
equipment (e.g., portable toilets, tents), food, refreshments, gasoline, exercise signs, badges, etc.
Unauthorized exercise - related costs include:
• Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction
vehicles) and emergency response apparatus (e.g., fire trucks, ambulances).
• Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g.,
electronic messaging signs).
Exercise Scenarios.
The scenarios used in HSGP - funded exercises must be based on the State's/Urban Area's Homeland Security Strategy and
plans. Acceptable scenarios for SHSP, UASI, MMRS, and CCP exercises include: chemical, biological, radiological,
nuclear, explosive, cyber, agricultural and natural or technological disasters. Exercise scenarios must be catastrophic in
scope and size, as defined by the National Response Framework. The scenarios used in HSGP - funded exercises must
focus on validating existing capabilities and must be large enough in scope and size to exercise multiple tasks and warrant
involvement from multiple jurisdictions and disciplines and nongovernmental organizations. Exercise scenarios should also
be based on the Multiyear Training and Exercise Plan.
Models, Simulations and Games (MS &G). Grantees who wish to expend funds on models, simulations, or games
(MS &G) must consult with "Review of Models, Simulations, and Games for Domestic Preparedness Training and
Exercising, Volume Ill, ” which provides an overview and analysis of existing models, simulations, and games. Grantees
can also consult with the MS &G Decision Support System, which automates the aforementioned report into a searchable
database. Both the report and system are available through the HSEEP website.
Special Event Planning. If a Urban Area will be hosting an upcoming special event (e.g., Super Bowl, G -8 Summit); they
anticipate participating in a Tier 2 National -Level Exercise as defined by the National Exercise Program Implementation
Plan (NEP I- Plan); or they anticipate that they will apply to be a venue for a Tier I National -Level Exercise, as defined by
the I -Plan, they should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for that
event. States and Urban Areas should also consider exercises at major venues (e.g., arenas, convention centers) that focus
on evacuations, communications, and command and control. States should also anticipate participating in at least one
Regional Exercise annually. States must include all confirmed or planned special events in the Multi -year Training and
Exercise Plan.
20
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4/10/2012 Item 161.8.
Exercise Evaluation. All exercises will be performance -based and evaluated. An After- Action Report/Improvement Plan
(AAR/IP) must be prepared and submitted to FDEM, following every exercise, regardless of type or scope. AAR/IPs must
conform to the HSEEP format, should capture objective data pertaining to exercise conduct, and must be developed based
on information gathered through Exercise Evaluation Guides (EEGs) found in HSEEP Volume IV. All applicants are
encouraged to use the Lessons Learned Information Sharing System (LLIS.gov) as a source for lessons learned and to
exchange best practices.
Self - Sustaining Exercise Programs. Urban Areas are expected to develop a self sustaining exercise program. A self -
sustaining exercise program is one that is successfully able to implement, maintain, and oversee the Multi -year Training
and Exercise Plan, including the development and delivery of HSGP - funded exercises. The program must utilize a multi-
disciplinary approach to the development and delivery of exercises, and build upon existing plans, training, and equipment.
Role of Non - Governmental Entities in Exercises. Non - governmental participation in all levels of exercises is strongly
encouraged. Leaders from nongovernmental entities should be included in the planning, conduct, and evaluation of an
exercise. State and local jurisdictions are encouraged to develop exercises that test the integration and use of non-
governmental resources provided by nongovernmental entities, defined as the private sector and private non - profit, faith -
based, community, volunteer and other non - governmental organizations. Nongovernmental participation in exercises
should be coordinated with the local Citizen Corps Council(s).
Program Requirements
C. National Incident Management System (NIMS) Compliance
HSPD -5, "Management of Domestic Incidents," mandated the creation of NIMS and the National Response Plan (NRP).
NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic
incidents, regardless of cause, size, or complexity. To promote interoperability and compatibility among Federal, State,
local, and tribal capabilities, NIMS includes a core set of guidelines, standards, and protocols for command and
management, preparedness, resource management, communications and information management, supporting
technologies, and management and maintenance of NIMS. The NRP, using the template established by NIMS, is an all -
discipline, all- hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential
Incidents of National Significance, which are major events that "require a coordinated and effective response by an
appropriate combination of Federal, State, local, tribal, private sector, and nongovernmental entities."
The NIMS Integration Center (NIC) recommends 38 NIMS Compliance Objectives for nongovernmental organizations
that support NIMS implementation. These activities closely parallel the implementation activities that have been required
of State, territorial, tribal, and local governments since 2004 and can be found at
www.fema.eoy /pdf /emergency /nims/ngo fs.nd£ To integrate nonprofit organizations into the broader national
preparedness effort, DHS encourages grantees to consider pursuing these recommended activities.
Additionally, nongovernmental organizations grantees and sub - grantees will be required to meet certain NIMS compliance
requirements. This includes all emergency preparedness, response, and/or security personnel in the organization
participating in the development, implementation, and/or operation of resources and/or activities awarded through this
grant must complete training programs consistent with the NIMS National Standard Curriculum Development Guide.
Minimum training includes 1S -700 NIMS: An Introduction. In addition, IS -800.a NRP: An Introduction, Incident
Command System (ICS -100), Incident Command System (ICS -200), Intermediate Incident Command System (G -300), and
Advanced Incident Command System (G400) are also recommended. For additional guidance on NIMS training, please
refer to h=: / /www.fema.gov /emergency /nims /nims trainin .sg htm.
Additional information about NIMS implementation and resources for achieving compliance are available through the
NIMS Integration Center (NIC), at http:Nww +v fern3 aov /emergence /nims'.
ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION 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:
• Emergency Operation Centers
• Security Guard facilities
• Equipment buildings (such as those accompanying communication towers)
• 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
21
Packet Page -1537-
4/10/2012 Item 16.17.8.
• Physical Security Enhancements, including but not limited to:
• Lighting
• Fencing
• Closed- circuit television (CCTV) systems
• Motion detection systems
• Barriers, doors, gates and related security enhancements
• Field based training and exercises including activities that involve ground disturbance, use of explosives,
toxic agents or otherwise have the potential to cause impact to the environment or historical resources.
This is only a requirement if the exercise or field training is not being conducted by a certified
professional or at an existing facility with established procedures.
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 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
I. 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 mdhs•gov.
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 recipient of
FEMA's final decision.
DC. 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.
III. Reporting Requirements
1. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, June
30, September 30 and December 30) for the life of this contract. If a report(s) is delinquent, future financial
reimbursements will be withheld until the Recipient's reporting is current.
Programmatic Renorting Schedule
Reporting Period
Report due to DEM no later than
January 1 through March 31
Aril 30
22
Packet Page -1538-
4/10/2012 Item 161.8.
April 1 through June 30
July 31
July 1 through September 30
October 31
October 1 through December 31
January 31
Z. Programmatic Reporting -BSIR
After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual
Strategic Implementation Report in the Grants Reporting Tool (GRT) hitps:7www.rcnorting ody.dhs.!,ov. The
reporting periods are January 1 -June 30 and July 1- December 31. Data entry is scheduled for December I and
June I respectively. Future awards and reimbursement may be withheld if these reports are delinquent.
3. Reimbursement Requests:
A request for reimbursement may be sent to your contract manager for review and approval at anytime during
the contract period. The Recipient should include the category's corresponding line item number in the "Detail
of Claims" form. This number can be found in the "Proposed Program Budget ". A line item number is to be
included for every dollar amount listed in the "Detail of Claims" form.
4. Close -out Programmatic Reporting:
The Close -out Report is due to the Florida Division of Emergency Management no later than 60 days after the
agreement is either completed or the agreement has expired.
5. Monitoring:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through
various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects
and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to hack and monitor the status of the
grant activity and items purchased.
The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and
federal guidelines. The FDEM is responsible for monitoring the financial, programmatic and capability portion of the grant to include
equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations.
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 /capability. Financial monitoring is the review of records
associated with the purchase and disposition of property, projects and contracts. Capability review 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 defined as the review of projects, financial activity and technical assistance between the program office and the
applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of
the FDEM or their designee, to actually observe records, procedures and equipment.
Fre uency of annual monitoring activity:
Each year the FDEM will identify up to 50% of sub - grantees for site visit monitoring. It is important to note that although a given
grant has been closed successfully, it is still subject to either desk or on -site monitoring for a five year period following closure.
Examples of areas that may be examined include:
Management and administrative procedures
Grant folder maintenance
Equipment accountability and sub -hand receipt procedures
Program for obsolescence
Status of equipment purchases
Status of training for purchased equipment
Status and number of response trainings conducted to include number trained
Status and number of exercises
23
Packet Page -1539-
4/10/2012 Item 16. F.8.
Status of planning activity
Anticipated projected completion
Specific difficulties completing the project.
Agency NIMS /ICS compliance documentation
In certain circumstances, the FDEM may request additional monitoring/information if the activity, or lack thereof, on the part of the
specific recipient has generated questions from the region, the sponsoring state agency or the FDEM leadership. The method of
gathering this information will be determined on a case -by -case basis.
Desk monitoring is an on -going process. Agency recipients will be required to participate in desk top monitoring on an annual basis
and as determined by the FDEM. The agency recipients will complete and submit the desk top monitoring within 14 business
calendar days of receipt. This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit
if the FDEM determines that a recipient is having difficulty completing their project.
As difficulties /deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email.
Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of
the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the
FDEM for assistance. Examples of TA include but are not limited to:
41 Equipment selection or available vendors
4, Eligibility of items or services
d. Coordination and partnership with other agencies within or outside the region or discipline
Site Visits
Site visits will be conducted by the FDEM or designated personnel. Site visits will be scheduled in advance with the recipient agency
POC designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit.
The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the
capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form
of a peer review as needed.
All findings related to the capability review will be documented and maintained within the FDEM.
Site Visit Protocol
The following outlines the monitoring protocol for the FDEM:
The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year
(IFFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all
required tasks.
Site Visit Preparation
A letter will be sent to the recipient agency Point of Contact (POC) stating the purpose of the site visit at least 30 calendar days before
the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the
grantee's program.
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.
The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder.
Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit. Prior to the
visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit
team at a minimum of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient
POC one business day in advance of the site visit.
Site Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site
visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain
their objectives and will proceed to perform the financial review.
FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a
tour /visual/spot inspection of equipment will be conducted.
24
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4/10/2012 Item 161.8.
Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset
decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements.
The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment
(large capitol expenditures in excess of $1,000. per item).
If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that
particular piece of equipment. Once the tour /visual /spot inspection of equipment has been completed, the FDEM personnel will then
conduct an exit conference with the grantee to review the findings.
Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher /reimbursement,
equipment, questions, etc.
Post Site Visit
FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable.
Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and
corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will be
generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM.
The Site Visit Worksheet, report and photographs will then be included in the grantee's file along with any documents distributed at
the site visit by the grantee.
E. Programmatic Point of Contact
Contractual Point of Contact
Programmatic Point of Contact
Carolyn Washington
Jana Smith
FDEM
FDEM
2555 Shumard Oak Blvd.
2555 Shumard Oak Blvd.
Tallahassee, FL 32399 -2100
Tallahassee, FL 32399 -2100
(850) 410 -1271
(850) 922 -1747
carol �,m.washinctonrdmnrm f7orida_c rn,
Jana. smith@em.myflorida.com
F. 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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4/10/2012 Item 16.F.8.
Attachment B
Program Statutes, Regulations and Special Conditions
1) 53 Federal Register 8034
2) 31 U.S.C. §1352
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative
Agreements 28 CFR Part 66, Common rule
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat.
975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
14) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
15) Title VI of the Civil Rights Act of 1964, as amended;
16) Section 504 of the Rehabilitation Act of 1973, as amended;
17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
18) Title IX of the Education Amendments of 1972;
19) Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations,
20) 28 CFR Part 42, Subparts C,D,E, and G
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part
39
Special Conditions
Article I — Financial Guidelines
1. The grantee and any subgrantee shall comply with the most recent version of the
Administrative Requirements, Cost Principles, and Audit Requirements. A non - exclusive list
of regulations commonly applicable to DHS grants are listed below:
A. Administrative Requirements
1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments
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4/10/2012 Item 161.8.
2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non -
Profit Organizations (OMB Circular A -110)
3. 44 CFR Part 10, Environmental Considerations
B. Cost Principles
1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal
Governments (OMB Circular A -87)
2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular
A -21)
3. 2 CFR Part 230, Cost Principles for Non - Profit Organizations (OMB Circular
A -122)
4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with
Commercial Organizations
C. Audit Requirements
1. OMB Circular A -133, Audits of States, Local Governments, and Non - Profit
Organizations
Article II — Prohibition on Using Federal Funds
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of FEMA.
Article III — Compliance with Program Guidance
The recipient agrees that all allocations and use of funds under this grant will be in accordance
with the FY 2011 Homeland Security Grant Program (HSGP) guidance and application kit.
Article IV — Financial Reports (FDEM Form 1 & 2) Required Quarterly
The recipient shall submit the Financial Report (FDEM Form 1 & 2) within 30 days of the end of
the first Federal quarter covering the grant period of performance. The recipient shall submit
quarterly reports thereafter until the grant ends and final payment is received. Reports are due on
January 31, April 30, July 31 and October 30. A report must be submitted for every quarter of
the period of performance, including partial calendar quarters, as well as for periods where no
grant activity occurs. Future reimbursement requests may be withheld if these reports are
delinquent. The Close -Out Report (FDEM Form 5) is due within sixty (60) days after the end
date of the performance period.
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4/10/2012 Item 16.F.8.
Article V — Acceptance of Post Award Changes
In the event that FEMA determines that changes are necessary to the award document after an
award has been made, including changes to period of performance or terms and conditions,
recipients will be notified of the changes in writing. Once notification has been made, any
subsequent request for funds will indicate recipient acceptance of the changes to the award.
Article VI — Trafficking In Persons
A. Provision applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not:
a. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect;
b. Procure a commercial sex act during the period of time that the award is
in effect; or
c. Use forced labor in the performance of the award or subawards under
the award.
2. We, as the State awarding agency, may unilaterally terminate this award,
without penalty, if you or a subrecipient that is a private entity:
a. Is determined to have violated a prohibition in paragraph A.1 of this
award term; or
b. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph A.1 of
this award term through conduct that is either:
i Associated with performance under this award; or
ii Imputed to you or the subrecipient using the standards and due
process for imputing the conduct of an individual to an
organization that are provided in 2 CFR Part 180, "OMB
Guidelines to Agencies on Government wide Debarment and
Suspension (Non- procurement)," as implemented by our agency at
2 CFR Part 3000.
B. Provisions applicable to a recipient other than a private entity. We as the Federal
warding agency may unilaterally terminate this award, without penalty, if a subrecipient
that is a private entity:
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4/10/2012 Item 161.8.
Is determined to have violated a prohibition in paragraph A.1 of this award
term; or
2. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph A.1 of this
award term through conduct that is either:
a. Associated with performance under this award; or
b. Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are
provided in 2 CFR Part 180, "OMB Guidelines to Agencies on
Government wide Debarment and Suspension (Non -
procurement)," as implemented by our agency at 2 CFR Part 3000.
C. Provision applicable to any recipient.
You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph A.1 of this award
term.
2. Our right to terminate unilaterally that is described in paragraph A.2 or B
of this section:
a. Implements section 106(g) of the Trafficking Victims Protection Act of
2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
b. Is in addition to all other remedies for noncompliance that are available
to us under this award.
3. You must include the requirements of paragraph A. l of this award term in
any subaward you make to a private entity.
D. Definitions. For purposes of this award term:
"Employee" means either:
a. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
b. Another person engaged in the performance of the project or program
under this award and not compensated by you including, but not limited
to, a volunteer or individual whose services are contributed by a third
party as an in -kind contribution toward cost sharing or matching
requirements.
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4/10/2012 Item 161.8.
2. "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision or obtaining of a person
for labor or services, through the use of force, fraud, or coercion for the
purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
"Private entity" means:
a. Any entity other than a State, local government, Indian Tribe, or
foreign public entity, as those terms are, defined in 2 CFR 175.25.
b. Includes:
i. A nonprofit organization, including any nonprofit institution of
higher education, hospital, or tribal organization other than one
included in the definition of Indian Tribe at 2 CFR 175.25(b).
ii. A for - profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and
"coercion" have the meanings given at section 103 of the TVPA, as amended
(22U.S.C. 7102).
Article VII — Classified Security Condition
A. "Classified national security information," as defined in Executive Order (EO) 12958,
as amended, means information that has been determined pursuant to EO 12958 or
any predecessor order to require protection against unauthorized disclosure and is
marked to indicate its classified status when in documentary form.
B. No funding under this award shall be used to support a contract, subaward, or other
agreement for goods or services that will include access to classified national security
information if the award recipient has not been approved for and has access to such
information.
C. Where an award recipient has been approved for and has access to classified national
security information, no funding under this award shall be used to support a contract,
subaward, or other agreement for goods or services that will include access to
classified national security information by the contractor, subawardee, or other entity
without prior written approval from the DHS Office of Security, Industrial Security
Program Branch (ISPB), or, an appropriate official within the Federal department or
agency with whom the classified effort will be performed.
D. Such contracts, subawards, or other agreements shall be processed and administered
in accordance with the DHS "Standard Operating Procedures, Classified Contracting
by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as
30
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4/10/2012 Item 161.8.
amended; the National Industrial Security Program Operating Manual (NISPOM);
and/or other applicable implementing directives or instructions. All security
requirement documents are located at: htip://w�-w.dhs.gov /xopnbix /grants /index.shtm
E. Immediately upon determination by the award recipient that funding under this award
will be used to support such a contract, subaward, or other agreement, and prior to
execution of any actions to facilitate the acquisition of such a contract, subaward, or
other agreement, the award recipient shall contact ISPB, or the applicable Federal
department or agency, for approval and processing instructions.
DHS Office of Security ISPB contact information:
Telephone: 202 - 447 -5346
Email: DD254AdministrativeSecurity (d),dhs.gov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD /Industrial Security Program Branch
Washington, D.C. 20528
Article VIII — Central Contractor Registration and Universal Identifier Requirements
A. Requirement for Central Contractor Registration (CCR)
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient
must maintain the currency of your information in the CCR until you submit the final
financial report required under this award or receive the final payment, whichever is later.
This requires that applicants and recipients review and update the information at least
annually after the initial registration, and more frequently if required by changes in your
information or another award term.
B. Requirement for Data Universal Numbering System (DUNS) Numbers
If recipients are authorized to make subawards under this award, they:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of
this award term) may receive a subaward from you unless the entity has provided
its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS
number to you.
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4/10/2012 Item 16.F.8.
C. Definitions
For purposes of this award term:
1. Central Contractor Registration (CCR) means the Federal repository into which
an entity must provide information required for the conduct of business as a
recipient. Additional information about registration procedures may be found at
the CCR Internet site (currently at hgp:i' /w,%wc,.ccr.szov).
2. Data Universal Numbering System (DUNS) number means the nine digit number
established and assigned by Dun and Bradstreet, Inc. (D &B) to uniquely identify
business entities. A DUNS number may be obtained from D &B by telephone
(currently 866 - 705 -5711) or the internet (currently at
http:, /fedgov.ndb.com /webform).
3. Entity, as it is used in this award term, means all of the following, as defined at 2
CFR part 25, subpart C:
a. A Governmental organization, which is State, local government or
Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for - profit organization; and
e. A Federal agency, but only as a sub recipient under an award or
subaward to a non - Federal entity.
4. Subaward:
a. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award to
an eligible subrecipient.
b. The term does not include your procurement of property and services
needed to carry out the project or program (for further explanation, see
Sec . - -- -.210 of the attachment to OMB Circular A -133, "Audits of
States, Local Governments, and Non - Profit Organizations ").
c. A subaward may be provided through any legal agreement, including
an agreement that you consider a contract.
Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the
subaward.
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4/10/2012 Item 161.8.
Article IX — Reporting Subawards and Executive Compensation
A. Reporting of first -tier subawards.
Applicability. Unless you are exempt as provided in paragraph d. of this award
term, you must report each action that obligates $25,000 or more in Federal funds
that does not include Recovery funds (as defined in section 1512(a)(2) of the
American Recovery and Reinvestment Act of 2009, Pub. L 111 -5) for a subaward
to an entity (see definitions in paragraph e. of this award term).
2. Where and when to report.
a. You must report each obligating action described in paragraph a. 1. of
this award term to http: / /www.fsrs._:ov.
b. For subaward information, report no later than the end of the month
following the month in which the obligation was made. (For example,
if the obligation was made on November 7, 2010, the obligation must
be reported no later than December 31, 2010.)
3. What to report. You must report the information about each obligating action that
the submission instructions at httpJ /www.fsrs.,izov specify.
B. Reporting Total Compensation of Recipient Executives.
Applicability and what to report. You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal
year, if-
a. the total Federal funding authorized to date under this award is
$25,000 or more;
b. in the preceding fiscal year, your received -
i. 80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
c. The public does not have access to information about the
compensation of the executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code
of 1986. (To determine if the public has access to the compensation
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4/10/2012 Item 161.8.
information, see the U.S. Security and Exchange Commission total
compensation filings at http: / /www.see.gov /answers /exeeomp.htm)
2. Where and when to report. You must report executive total compensation
described in paragraph b. 1. of this award term:
a. As part of your registration profile at http: //- vNvw.cer.gov.
b. By the end of the month following the month in which this award is
made, and annually thereafter.
C. Reporting of Total Compensation of Subrecipient Executives.
Applicability and what to report. Unless you are exempt as provided in paragraph
d. of this award term, for each first -tier Subrecipient under this award, you shall
report the names and total compensation of each of the subrecipient's five most
highly compensated executives for the subrecipient's preceding completed fiscal
year, if-
a. In the subrecipient's preceding fiscal year, the Subrecipient received -
i. 80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and
b. The public does not have access to information about the
compensation of the executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code
of 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total
compensation filings at http: / /xNww.sec.gov /answers /execomp.htm)
2. Where and when to report. You must report executive total compensation
described in paragraph c.1. of this award term:
a. To the recipient.
b. By the end of the month following the month during which you make
the subaward. For example, if a subaward is obligated on any date
during the month of October of a given year (i.e., between October 1
and 31), you must report any required compensation information of the
subrecipient by November 30 of that year.
D. Exemptions
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4/10/2012 Item 16.F.8.
1. If, in the previous tax year, you had gross income, from all sources, under
$300,000, you are exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated
executives of any subrecipient.
E. Definitions. For purposes of this award term:
Entity means all of the following, as defined in 2 CFR part 25:
a. A Governmental organization, which is State, local government or
Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for - profit organization; and
e. A Federal agency, but only as a sub recipient under an award or
subaward to a non - Federal entity.
2. Executive means officers, managing partners, or any other employees in
management positions.
3. Subaward:
a. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award to
an eligible subrecipient.
b. The term does not include your procurement of property and services
needed to carry out the project or program (for further explanation, see
Sec. _.210 of the attachment to OMB Circular A -133, "Audits of
States, Local Governments, and Non - Profit Organizations ").
c. A subaward may be provided through any legal agreement, including
an agreement that you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
a. Receives a subaward from you (the recipient) under this award; and
b. Is accountable to you for the use of the Federal funds provided by the
subaward.
5. Total compensation means the cash and noncash dollar value earned by the
executive during the recipient's or subrecipient's preceding fiscal year and
includes the following (for more information see 17 CFR 229.402(c)(2)):
a. Salary and bonus.
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4/10/2012 Item 16.F.8.
b. Awards of stock, stock options, and stock appreciation rights. Use the
dollar amount recognized for financial statement reporting purposes
with respect to the fiscal year in accordance with the Statement of
Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R),
Shared Based Payments.
c. Earnings for services under non - equity incentive plans. This does not
include group life, health, hospitalization or medical reimbursement
plans that do not discriminate in favor of executives, and are available
generally to all salaried employees.
d. Change in pension value. This is the change in present value of
defined benefit and actuarial pension plans.
e. Above - market earning on deferred compensation which is not tax -
qualified.
f. Other compensation, if the aggregate value of all such other
compensation (e.g. severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property) for
the executive exceeds $10,000.
Article X — Summary Description of Project
The FY 2011 Homeland Security Grant Program (HSGP) funding shall be used for costs related
to preparedness activities associated with implementing the State Homeland Security Strategy,
any respective Urban Area Security Strategies, and the investments identified during the
application period. The HSGP consists of the State Homeland Security Program (SHSP), the
Urban Area Security Initiative (UASI), the Citizen Corps Program (CCP), the Metropolitan
Medical Response System (MMRS) program, and Operation Stonegarden (OPSG). Together,
these programs provide an integrated mechanism to enhance the coordination of National
Priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and
other emergencies.
Article Xl — National Environmental Policy Act (NEPA)
The recipient shall comply with all applicable Federal, State, and local environment and historic
preservation (EHP) requirements and shall provide any information requested by FEMA to
ensure compliance with applicable laws including: National Environmental Policy Act, National
Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
(11988), Wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet
Federal, State, and local EHP requirements and obtain applicable permits may jeopardize Federal
funding. Recipient shall not undertake any project having the potential to impact Environmental
or Historical Preservation (EHP) resources without the prior approval of FEMA, including but
not limited to communication towers, physical security enhancements, new construction, and
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4/10/2012 Item 16.F.8.
modifications to buildings that are 50 years old or greater. Recipient must comply with all
conditions placed on the project as the result of the EHP review. Any change to the approved
project scope of work will require re- evaluation for compliance with these EHP requirements. If
ground disturbing activities occur during project implementation, the recipient must ensure
monitoring of ground disturbance, and if any potential archeological resources are discovered,
the recipient will immediately cease construction in that area and notify FEMA and the
appropriate State Historic Preservation Office. Any construction activities that have been
initiated prior to the full EHP review could result in a non - compliance finding. For your
convenience, here is the screening form link: (The Screening Form is available at:
(,,N,ww.fema.f.yov /doc /government/ grant /bull.etins /i.nfo329 final screening memo.doc). For these
types of projects, grantees must complete the FEMA EHP Screening Form (OMB Number 1660 -
0115/FEMA Form 024 -0 -01) and submit it, will all supporting documentation, to their respective
FDEM grant manager for review. Grantees should submit the FEMA EHP Screening Form for
each project as soon as possible upon receiving their grant award.
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4/10/2012 Item 16.F.8.
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff, award benefits to clients, duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS
20_ -20_ Anticipated Expenditures for First Three Months of
(list applicable line items)
Subgrant 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 contract term. Support documentation should
include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division
reasonable and necessary support that the advance will be expended within the first ninety (90) days of the
contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be
returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty
(30) days of receipt, along with any interest earned on the advance)
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4/10/2012 Item 165.8.
Attachment D
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, and invitations for bids and /or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
Me
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4/10/2012 Item 165.8.
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
.o
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Attachment E
Subcontractor Covered Transactions
4/10/2012 Item 161.8.
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
M
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4/10/2012 Item 16.F.8.
Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A -21, A -110, A -122, A -128, A -87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally- assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally- assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
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4/10/2012 Item 16.F.8.
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination /Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non - discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
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4/10/2012 Item 161.8.
Attachment G
Reimbursement Checklist
Please Note: FDEM reserves the right to update this check list throughout the life of the grant to
ensure compliance with applicable federal and state rules and regulations.
Equipment
❑ 1. Have all invoices been included?
❑ 2. Has an AEL # been identified for each purchase?
❑ 3. If service /warranty expenses are listed, are they only for the performance
period of the grant?
❑ 4. Has proof of payment been included? (E.g. canceled check, Electronic
Funds Transfer (EFT) confirmation, or P -Card back up documentation
which will include receipt with vendor, copy of credit card statement
showing expense charged, and payment to credit card company for that
statement)
❑ 5. If EHP form needed — has copy of it and approval from State /DHS been
included?
Planning
Consultants /Contractors (Note: this applies to contractors also billed under Organization
LJ 1. Does the amount billed by consultant add up correctly?
❑ 2. Has all appropriate documentation to denote hours worked been properly
signed?
❑ 3. Have copies of all planning materials and work product (e.g. meeting
documents, copies of plans) been included? (If a meeting was held by
recipient or contractor /consultant of recipient, an agenda and signup sheet
with meeting date must be included).
❑ 4. Has the invoice from consultant/contrator been included?
❑ 5. Has proof of payment been included? (E.g. canceled check, Electronic
Funds Transfer (EFT) confirmation, or P -Card back up documentation
which will include receipt with vendor, copy of credit card statement
showing expense charged, and payment to credit card company for that
statement).
❑ 6. Has Attachment F (found within Agreement with FDEM) been completed
for this consultant and included in the reimbursement package?
Salary Positions (Note: this applies to positions billed under M&A and Organization as well)
❑ 1. Have the following been provided: signed time sheet by employee and
supervisor and proof that employee was paid for time worked (statement
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4/10/2012 Item 161.8.
of earnings, copy of payroll check or payroll register)? Has a time period
summary sheet been included for total claimed amount?
❑ 2. Does the back -up documentation provided match the time period for which
reimbursement is being requested?
Training
❑ 1. Is the course DHS approved? Is there a course or catalog number? If not,
has FDEM approved the non -DHS training? Is supporting documentation
included your reimbursement request?
❑ 2. Have sign -in sheets, rosters and agenda been provided?
❑ 3. If billing for overtime and /or backfill, has a spreadsheet been provided that
lists attendee names, department, # of hours spent at training, hourly rate
and total amount paid to each attendee? Have print outs from entity's
financial system been provided as proof attendees were paid? For backfill,
has a clear delineation /cross reference been provided showing who was
backfilling who?
❑ 4. Have the names on the sign -in sheets been cross - referenced with the
names of the individuals for whom training reimbursement costs are being
sought?
❑ 5. Has any expenditures occurred in support of the training (e.g., printing
costs, costs related to administering the training, planning, scheduling,
facilities, materials and supplies, reproduction of materials, and
equipment)? If so, receipts and proof of payment must be submitted. (E.g.
canceled check, Electronic Funds Transfer (EFT) confirmation, or P -Card
back up documentation which will include receipt with vendor, copy of
credit card statement showing expense charged, and payment to credit
card company for that statement).
Exercise
❑ 1. Has documentation been provided on the purpose /objectives of the
exercise? Such as, SITMAN /EXPLAN.
❑ 2. If exercise has been conducted - has after - action report been included?
Have sign -in sheets, agenda, rosters been provided?
❑ 3. If billing for overtime and backfill, has a spreadsheet been provided that
lists attendee names, department, # of hours spent at exercise, hourly rate
and total paid to each attendee? Have print outs from entity's financial
system been provided to prove attendees were paid? For backfill, has a
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4/10/2012 Item 16.17.8.
clear delineation /cross reference been provided showing who was
backfilling who?
❑ 4. Have the names on the sign -in sheets been cross - referenced with the
names of the individuals for whom exercise reimbursement costs are
being sought?
❑ 5. Has any expenditures occurred on supplies (e.g., copying paper, gloves,
tape, etc) in support of the exercise? If so, receipts and proof of payment
must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT)
confirmation, or P -Card back up documentation to include receipt with
vendor, copy of credit card statement showing expense charged, and
payment to credit card company for that statement).
❑ 6. Has any expenditures occurred on rental of space /locations for exercises
planning and conduct, exercise signs, badges, etc.? If so, receipts and
proof of payment must be submitted. (E.g. canceled check, Electronic
Funds Transfer (EFT) confirmation, or P -Card back up documentation to
include receipt with vendor, copy of credit card statement showing
expense charged, and payment to credit card company for that
statement).
Travel /Conferences
❑ 1. Have all receipts been turned in such as: airplane receipts, proof of
mileage, toll receipts, hotel receipts, car rental receipts, registration fee
receipts and parking receipts? Are these receipts itemized? Do the dates
of the receipts match the dates) of travel /conference? Does the hotel
receipt have a zero balance? If applicable, have a travel authorization and
travel reimbursement form been included to account for per diem, mileage
and other travel expenses which have been reimbursed to the traveler by
sub grantee?
❑ 2. If travel is a conference has the conference agenda been included?
❑ 3. Has proof of payment to traveler been included? (E.g. canceled check,
Electronic Funds Transfer (EFT) confirmation, or copy of payroll check if
reimbursed through payroll).
Organization
❑ 1. If billing for overtime and backfill, has a spreadsheet been provided that
lists attendee names, department, # of hours spent at EOC, hourly rate
and total paid to each attendee? Have print outs from entity's financial
system been provided to prove attendees were paid? For backfill, has a
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4/10/2012 Item 165.8.
clear delineation /cross reference been provided showing who was
back-filling who?
Matching Funds
❑ 1. Contributions are from Non Federal funding sources.
❑ 2. Contributions are from cash or in -kind contributions which may include
training investments.
❑ 3. Contributions are not from salary, overtime or other operational costs
unrelated to training.
For All Reimbursements - The Final Check
❑ 1. Have Forms 3, 4a, 4b and 4c been completed and included with each
request for reimbursement?
❑ 2. Have the costs incurred been charged to the appropriate POETE
category?
❑ 3. Does the total on Form 3 match the totals on Forms 4a, 4b and 40
❑ 4. Has Form 3 been signed by the Grant Manager?
❑ 5. Has the reimbursement package been entered into sub grantee's
records /spreadsheet?
❑ 6. Have the quantity and unit cost been notated on Form 4b?
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