Agenda 02/22/2011 Item #16F2
2/22/2011 Item 16.F.2.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign Department of Homeland
Security Grant Agreement ll-DS-9Z-09-21-01- between Collier County and the Florida
Division of Emergency Management accepting $12,000.00 for Emergency Management
Program Enhancement and authorize the necessary budget amendment.
OBJECTIVE: That the Board of County Commissioners accept and approve DHS Grant
Agreement II-DS-9Z-09-21-01- between Collier County and the State of Florida, Division of
Emergency Management for funds that will enhance emergency program activities within Collier
County for Fiscal Year 2011.
CONSIDERATION: The Emergency Management Department received an Award Notice
dated 12/09/2010 stating that the Federal Government has made available and awarded, through
the Department of Homeland Security, funds in the amount of $12,000.00. These funds will be
utilized for County response training and to update local disaster plans,
FISCAL IMPACT: This Grant is in the amount of $12,000.00 and there is no matching
requirement. A budget amendment is necessary in order to recognize and appropriate $12,000 in
the County Manager Grants Fund (713) for FY2011.
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
Chainnan to sign Grant Agreement 11-DS-9Z-09-21-01- and accept $12,000,00 from the Florida
Division of Emergency Management for emergency management program enhancement and
authorize the necessary budget amendment.
Prepared by: Christine Boni, Sr. Administrative Assistant, Bureau of Emergency Services
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2/22/2011 Item 16.F.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16,F ,2,
Item Summary: Recommendation to approve and authorize the Chairman to sign
Department of Homeland Security Grant Agreement 11-DS-9Z-09-21-01- between Collier
County and the Florida Division of Emergency Management accepting $12,000,00 for
Emergency Management Program Enhancement and authorize the necessary budget
amendment,
Meeting Date: 2/22/2011
Prepared By
Name: BoniChristine
Title: Administrative Assistant, Senior,
2/3/2011 2:11:38 PM
Submitted by
Title: Director - Bureau of Emergency Services,
Name: SummersDan
2/3/20112:11:39 PM
Approved By
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 2/7/2011 3:38:34 PM
Name: GreeneColleen
Title: Assistant County Attorney,County Attorney
Date: 2/8/2011 1 :34:03 PM
Name: FoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 2/9/2011 3 :21 :44 PM
Name: SummersDan
Title: Director - Bureau of Emergency Services,
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Date: 2/11/2011 8:20:25 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/11/2011 8:54:39 AM
Name: PryorCheryl
Title: Management! Budget Analyst, Senior,Office of Management & Budget
Date: 2/14/2011 10:05:08 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 2/14/2011 10:48:33 AM
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2/22/2011 Item 16.F.2.
2/22/2011 Item 16.F.2.
Contract Number: 11-DS-92-09-21-01-
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,
(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 October 1, 2010 and shall end April 30, 2013, 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) RECORDKEEP1NG
(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 State and
local Governments" or OMB Circular No, A-11 0, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No, A-8?, "Cost
Principles for State and local Governments," OMS Circular No, A-21 , "Cost Principles for Educational
Institutions," or OMS Circular No, A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
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is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31,2 and 931,2,
(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 Department or 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 Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
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(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMS Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMS 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 each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.f1.us]
and
Division of Emergency Management
Finance and Administration
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.qov/fac/collectlddeindex.html
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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), OMS 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 atthe following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state,f1.us)
and
Division of Emergency Management
Finance and Administration
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with OMS 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
OMS 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,
U) 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.
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(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,
(f) The Recipient shall provide additional reports and information identified in Attachment
E.
(8) MONITORING,
The Recipient shall monitor its performance under this Agreement. as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement. to ensure that
time schedules are being met. the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods. and 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 or the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Division or the Department 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.
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(b) Any Recipient which is a state agency or subdivision, as defined in Section 768,28,
Fla, Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768,28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies, Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT,
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11), However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division,
(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 anyone
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;
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(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds,
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1, request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2, issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3, advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4, require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under
law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity, If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION,
(a) The Division may terminate this Agreement for cause after thirty days written notice,
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla, Stat., as amended,
(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 days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the 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.
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(13) NOTICE AND CONTACT,
(a) All notices provided under or pursuant to this Agreement shall b~ 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:
Michael J, Day
Florida Division Emergency Management
Finance, DHS Grants Section
Telephone: (850) 488-9441
Fax: (850) 488-7842
Email: Michael.day@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Dan Summers
Director, Bureau of Emergency Services
Collier County Bureau of Emergency Services
Telephone: (239) 252-3600
Fax: (239) 252-3700
Email: DanieISummers@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,
(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 vendor, 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,
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(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
Attachment D - Reimbursement Check List
Attachment E- Warranties and Representations
Attachment F - Certification Regarding Debarment
Attachment G - Statement of Assurances
(17) FUNDING/CONSIDERA TION
(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 $12,000,00,
subject to the availability of funds, Attachment D specifies the required documentation needed when
submitting 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 approval of the Division and the Recipient's acceptance of the rights
of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced shall
not exceed the expected cash needs of the Recipient within the initial three 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 Management Improvement Act of 1990, In accordance with applicable OMS
Circulars, interest earned must be remitted to the Division either annually or quarterly based on the year
of the grant award, 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 the
advance payment. In addition to Attachment C, Recipients must also submit invoices, purchase orders,
timesheets and other substantiating documentation for the advance payment to be considered.
(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.
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
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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 "Department of Community Affairs", and mailed directly to the following address:
Department of Community Affairs
Cashier
Fiscal Management
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
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, anyone 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 seo.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications,
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(f) Those who have been placed on the convicted vendor list following a conviction
for a public' entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
1, are not presently debarred, suspended, proposed for debarment" declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2, have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3, are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(9)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 F) 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
continge.nt 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.
11
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2/22/2011 Item 16.F.2.
U) 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.
(I) 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.
(0) 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.
12
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2/22/2011 Item 16.F.2.
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 Form to Report Lobbying,"
3, The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into, Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code, Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure,
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Floridawill 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.
(22) LEGAL AUTHORIZATION.
13
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2/22/2011 Item 16.F.2.
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 G,
14
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__ __ ______._n__.
2/22/2011 Item 16.F.2.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT: COLLIER COUNTY EMERGENCY MANAGEMENT
By:
Fred W, Coyle. Chairman
Date:
FEID# 59-60000558
A TIEST: Dwight E, Brock. Clerk
By:
Deputy Clerk
~ed as to FOnT! and Legal Suffictency
Assistant County Attorney
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title:
Date:
EXHIBIT - 1
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2/22/2011 Item 16.F.2.
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 informaUon shown below for each Federal program and show total Federal resources awarded,
Federal Program
Federal agency: Department of Homeland Security
Catalog of Federal Domestic Assistance title and number: 97,067
Award amount: $12,000,00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Rec;pient represent more than one Federal program, list
appUcable compUance requirements for each Federal program in the same manner as shown below,
Federal Program:
List appUcable compUance requirements as follows:
1. 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 2009-10 State Homeland Security Grant Program
(SHSGP), consistent with the Department of Homeland Security State Strategy,
2, Recipient is subject to all administrative and financial requirements as set forth in this Agreement,
or will be in violation of the terms of the Agreement.
NOTE: Section .400(d) of OMS 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.
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2/22/2011 Item 16.F.2.
Attachment A
Budget and Scope of Work
Proposed Program Budget
,. 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,
4. 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.rkb.us.
4. The transfer of funds between the categories listed in the "Proposed Program Budget" is pennitted, 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.
Issue 10 - Update Local Plans Based on Exercise
$7,000.00
FY 2010 - State Homeland Security
Grant Program - Issue 10
Collier County
$5,000,00
Management and Administration
(the dollar amount which corresponds to 3% of
the total local agency allocation is shown in the
column on the right),
17
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2/22/2011 Item 16.F.2.
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as described in the
"Proposed Program Budget",
If any changes need to be made to the "Budget Detail Worksheet", after the execution of this agreement, contact the grant manager listed in this
agreement via email or letter,
Budget Detail \\'orkshcet- Eligible Acth itics
~~'.~~"'Z<==--~~,""1t~~'1~~~~rr~~~'~~~J~": \",'<<-"~~"''''-"~ -<< ,>'""'''"''''~'''~'''W .~,..,,.."''''~ >'~~r,,~--~- ~~'<-4"'"
~:~~'~fr'~,~~W~7f<ttm~'1i ,,. . k~"r"~~1'.~/,,",,~<J'tf' '.i.A 'j-:'~' ~~; ;.;G:1~"~;A,~ p.<!=*-'? ..t.~t~ '\" '" "",,1; ''''''''~~',~" }~>t<<w~, .~ ~,~...._
/+,. l~f"i; *f :"l~}l,..!( it:"'M'!fT"I~ t "H~.. M,," 'l~~I'",;~:;;,~, '-"( "~), ....,_ ~~"".*<d""'''''''';')' ... 'lo/J>~'" ~.. '1'>.>"'",,;t.r:"""'~""i, r1,.,V::~
,,~~,.... "'- f", >. '':' "4..~;.k~",*n' j,; ,,} ~ 1<<' O..n !-..' .,~:: iJ ?>,(f~,.~",JL.....~~"f,,,, . """""~~~~ ~ " _ "'""~ ~m..~X-"" :t? """~"" l';~"" ~
Developing and implementing homeland security support programs and
adopting ongoing DHS national initiatives
Developing related terrorism prevention activities
Developing and enhancing plans and protocols
Developing or conducting assessments
Hiring of full or part-time staff or contractors/consultants to assist with
planning activities (not for the purpose of hiring public safety personnel
fulfilling traditional public safety duties)
1
7000
7000
10
Conferences to facilitate planning activities
Materials required to conduct planning activities
TraveVper diem related to planning activities
Overtime and backfill costs (in accordance with operational Cost Guidance)
Other projects areas with prior approval from FEMA
Issuance ofWHTI-compJiant tribal identification cards (HSGP only)
Overtime and backfill for emergency preparedness and response personnel
attending FEMA-sponsored and approved training classes.
Overtime and backfill expenses for partOtime and volunteer emergency
response personnel participating in FEMA training,
Training Workshops and Conferences
Full or Part-Time Staff or Contractors/Consultants
2
2500
5000
10
Travel
Supplies
Tuition for higher education
Other items
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2/22/2011 Item 16.F.2.
A complete list ofFEMA approved courses may be found at www.oio.usdoi,!!ov/FEMNdocs/EIi!!ible Federal Courses.odf
Hiring of full-time or part-time staff or contractors/consultants:
4 To assist with the management of the respective grant program
.. To assist with application requirements of the grant program
.. To assist with the compliancy with reporting and data collection as
it may relate to the grant program
Development of operating plans for information collection and processing
necessary to respond to DHS/ODP data calls.
Overtime and backfill costs - Overtime expenses are defined as the result of
personnel who worked over and above their normal scheduled daily or weekly
worked time in the performance of FEMA - approved activities. Backfill Costs
also called "Overtime as Backfill" are defined as expenses from the result of
personnel who are working overtime in order to perform the duties of other
personnel who are temporarily assigned to FEMA - approved activities outside
their core responsibilities. Neither overtime nor backfill expenses are the result
of an increase of Full - Time Equivalent (FTEs) employees. These costs are
allowed only to the extent the payment for such services is in accordance with
the policies of the state or unites) oflocal government and has the approval of
the state or the awarding agency, whichever is applicable. In no case is dual
compensation allowable. That is, an employee of a unit of government may not
receive compensation from their unit or agency of government AND from an
award for a single period of time (e.g" 1:00 pm to 5:00 pm), even though such
work may benefit both activities, Fringe benefits on overtime hours are limited
to Federal Insurance Contributions Act (FICA), Workers' Compensation and
Unem 10 ent Com ensation,
Travel expenses
Meeting-related expenses (For a complete list of allowable meeting-related
expenses, please review the OJP Financial Guide at
http://www.ojp,usdoj,gov/FinGuide).
Acquisition of autborized office equipment, including personal computers,
laptop computers, printers, LCD projectors, and other equipment or software
which may be required to support the implementation of the homeland security
strategy.
The following are allowable only within the contract period:
... Recurring fees/charges associated with certain equipment, such as cell
phones, faxes, etc.
... Leasing and/or renting of space for newly hired personnel to administer
programs within the grant program.
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2/22/2011 Item 16.F.2.
B. Scope of Work
Funding is provided to perfonn eligible activities as identified in the Domestic Homeland Security -Federal Emergency Management Agency
National Preparedness Directorate Fiscal Year 2010 State Homeland Security Grant Program (SHSGP), consistent with the Department of
Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below:
I. Issue and Project Description
Issue 10 - Local Planning, Training, and Exercises: The project provides domestic security-related/all-bazards and all-discipline
funding support to Florida's 67 cOlUlties for planning, training and exercise projects, Each county chose an existing gap from a list of
specific plans, NIMS-compliant training or exercises,
n, Categories and Eligible Activities
FY2010 allowable costs are divided into the following categories: planning, training, exercises, management and administration
cost are allowable cost. Each category's allowable costs have been listed in the "Budget Detail Worksheet" above,
A, Planning
Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, response, and recovery
activities,
Developing and implementing homeland security support programs and adopting DHS national initiatives including but not
limited to the following:
· Implementing the National Preparedness Guidelines
Pre-event recovery planning
· Implementing the National Infrastructure Protection Plan and associated Sector Specific Plans
· Enhancing and implementing Statewide Communication Interoperability Plans (SCW) and Tactical Interoperable
Communications Plans (TICP) that align with the goals, objectives, and initiatives of the National Emergency
Communications Plan (NECP)
· Costs associated with the adoption, implementation, and adherence to NIMS compliance requirements, including
implementing the NIMS National Credentialing Framework
· Modifying existing incident management and EOPs to ensure proper alignment with the NRF coordinating structures,
processes, and protocols
· Establishing or enhancing mutual aid agreements
· Developing communications and interoperability protocols and solutions
· Conducting local, regional, and tribal program implementation meetings
· Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIMS
Integration Center (NIC)
· Designing State and local geospatial data systems
· Conducting public education and outreach campaigns, including promoting individual, family, and business emergency
preparedness; alerts and warnings education; and evacuation plans as well as CBRNE prevention awareness
· Preparing materials for State Preparedness Reports (SPRs)
· WHTI implementation activities including the issuance of WHTI-compliant tribal identification cards
Developing related terrorism prevention activities including:
· Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center
· Hiring an IT specialist to plan, develop, and implement the IT applications necessary for a fusion center
· Developing and planning for infonnation/intelligence sharing groups
· Hiring contractors and consultants to make recommendations on the development of capabilities at State and Major Urban
Area fusion centers; such centers should be designed in support of the analytic and other baseline capabilities as outlined in
the Global Justice Infonnation Sharing Initiative's (Global) Baseline Capabilitiesfor State and Major Urban Area Fusion
Centers
· Integrating and coordinating public health care, public safety, and health security data-gathering (threats to human and
animal health) within State and Major Urban Area fusion centers to achieve early warning and mitigation of health events
· Integrating and coordinating private sector participation with fusion center activities
· Acquiring systems allowing connectivity to State, local, tribal, territorial, and Federal data networks, such as the National
Crime Infonnation Center (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate
· Planning to enhance security during heightened alerts, terrorist incidents, and/or during mitigation and recovery
· Multi-discipline preparation across first responder community, including EMS for response to catastrophic events and acts
of terrorism
· Accessible public information/education: printed and electronic materials, public service announcements, seminars/town
hall meetings, and web postings coordinated through local Citizen Corps Councils
· Citizen Corps volunteer programs and other activities to strengthen citizen participation
20
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2/22/2011 Item 16.F.2.
. Conducting public education campaigns including promoting individual, family, and business emergency preparedness;
promoting the Ready campaign; and/or creating State, regional, or local emergency preparedness efforts that build upon the
Ready campaign
. Evaluating Critical Infrastructure Protection (CIP) security equipment and/or personneJ' requirements to protect and secure
sites
. CIP cost assessments, including resources (e.g., fmancial, personnel) required for security enhancements/deployments
. Multi-Jurisdiction Bombing Prevention Plans (MJBPP)
. Underwater Terrorist Protection Plans
Developing and enhancing plans and protocols, including but not limited to:
. Developing or enhancing EOPs and operating procedures
. Developing or enhancing local, regional, or Statewide strategic or tactical interoperable emergency communications plans
. Activities associated with a conversion from wideband to narrowband voice channels
. Implementing Statewide Communications Interoperability Plan (SCIP) and Tactical Interoperable Communications Plans
(TICPs) that align with the goals, objectives, and initiatives of the National Emergency Communications Plan (NECP)
. Developing protocols or standard operating procedures for specialized teams to incorporate the use of equipment acquired
through this grant program
. Developing terrorism prevention/protection plans
. Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and
implementation of State or Urban Area Homeland Security Strategies
. Developing plans for mass evacuation and pre-positioning equipment
. Developing or enhancing border security plans
Developing or enhancing cyber security plans
. Developing or enhancing secondary health screening protocols at major points of entry (e,g., air, rail, port)
. Developing or enhancing cyber risk mitigation plans
. Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans
. Developing public/private sector partnership emergency response, assessment, and resource sharing plans
. Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sector/non-
governmental cntitiesworking to meet the human service response and recovery needs of victims
. Developing or updating local or regional communications plans
. Developing plans to support and assist jurisdictions, such as port authorities and rail and mass transit agencies
. Developing or enhancing continuity of operations and continuity of government plans
. Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets
provided under the NRF
. Developing plans and response procedures for validating and responding to an alarm from a chemical or biological detector
(response procedures should include emergency response procedures integrating local first responders)
. Developing or enhancing evacuation plans
. Developing mechanisms for utilizing the National Emergency Family Registry and Locator System (NEFRLS)
. Developing or enhancing plans to prepare for surge capacity of volunteers
. Developing or enhancing the State emergency medical services systems
. Developing or enhancing plans for donations and volunteer management and the engagement/integration of private
sector/non-governmental entities in preparedness, response, and recovery activities
. Developing or enhancing Bombing Prevention Plans
. Developing school preparedness plans
. Developing preparedness plans for child congregate care facilities, including group residential facilities, juvenile detention
facilities, and public/private child care facilities
. Ensuring jurisdiction EOPs adequately address warnings, emergency public information, evacuation, sheltering, mass care,
resource management from non-governmental sources, unaffiliated volunteer and donations management, and volunteer
resource integration to support each Emergency Support Function, to include appropriate considerations for special needs
populations
. Developing and implementing civil rights, civil liberties, and privacy policies, procedures, and protocols
. Designing and developing State, local, tribal, and territorial geospatial data systems
. Developing and implementing statewide electronic patient care reporting systems compliant with the National Emergency
Medical Services Information System (NEMSlS)
Developing or conducting assessments, including but not limited to:
. Developing pre-event recovery plans
Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans
Conducting or updating interoperable emergency communications capabilities assessments at the local, regional, or
Statewide level
. Developing border security operations plans in coordination with CBP
. Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas
. Updating and refining threat matrices
21
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B,
2/22/2011 Item 16.F.2.
.
Conducting cyber risk and vulnerability assessments
Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to
identify critical gaps that cannot be met by existing local and State resources
Conducting Bombing Prevention Capability Analysis
Activities that directly support the identification of specific catastrophic incident priority response and recovery projected
needs across disciplines (e.g., law enforcement, fire, EMS, public health, behavioral health, public .works, agriculture,
information technology, and citizen preparedness)
Activities that directly support the identification of pre-designated temporary housing sites
Conducting community assessments, surveys, and research of vulnerabilities and resource needs, and determine citizen
education and participation to meet the needs
Conducting Citizen Corps program assessments and evaluations, citizen preparedness surveys, volunteer impact studies,
and cost/benefit analysis
Soft target security planning (e,g" public gatherings)
Participating in the FEMA Gap Analysis Program
.
.
.
.
.
.
.
.
Training
Allowable training-related costs include, but are not limited to, the following:
· Developing, Delivering, and Evaluating Training - Includes costs related to administering the training, planning,
scheduling, facilities, materials and supplies, reproduction of materials, and equipment.
· Overtime and Backfill- The entire amount of overtime costs, including payments related to backfilling personnel,
which are the direct result of attendance at FEMA andlor approved training courses and programs, are allowable.
These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State
or unites) oflocal government and has the approval of the State or the awarding agency, whichever is applicable. In
no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation
from their unit or agency of government AND from an award for a single period of time (e.g., I :00 p.m. to 5 :00
p.m.), even though such work may benefit both activities.
· Travel- Costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel
status for official business related to approved training.
· Hiring of Full or Part-Time StafT or Contractors/Consultants - Payment of salaries and fringe benefits to full or
part-time staff or contractors/consultants must be in accordance with the policies of the State or unites) oflocal
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),
· CertificationlRecertification of Instructors - 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 Information Bulletin #193, issued October 20, 2005.
Training Activities
States, territories, and Urban Areas may use HSGP funds to develop a homeland security training program.
Allowable training-related costs under HSGPinclude the establishment, support, conduct, and attendance of training
specifically identified under the SHSP, UASI, MMRS, and CCP grant programs andlor in conjunction with
emergency preparedness training by other Federal agencies (e.g., HHS, DOT). 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, interoperable and emergency communications, and training for
volunteers, infants and children and individuals with disabilities in disasters, pediatric medical surge, and evacuation
and sheltering with particular emphasis on children, keeping children with parents or guardians, addressing needs of
unaccompanied minors, and integrating the accessibility and functional needs of children and adults with disabilities
(see Comprehensive Preparedness Guide 301 [CPG-301]: Interim Emergency Management Planning Guidefor
Special Needs Populations and other resources for additional information).
Training conducted using HSGP funds should address a performance gap identified through an After Action
ReportJImprovement 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 EOP or specific annexes, where applicable.
22
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j
2/22/2011 Item 16.F.2.
C, Management and Administration - no more than 3% of each sub-recipient's total award may be expended on
Management and Administration costs.
Hiring of full-time or part-time staff or contractors/consultants:
. To assist with the management of the respective grant program
. To assist with application requirements
. To assist with the compliancy with reporting and data collection requirements
Development of operating plans for infonnation collection and processing necessary to respond to
FEMA data calls
Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their
normal scheduled daily or weekly worked time in the performance of FEMA - approved activities. Backfill Costs also
called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to
perform the duties of other personnel who are temporarily assigned to FEMA - approved activities outside their core
responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full- Time Equivalent (FTEs)
employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of
the state or unite s) of local government and has the approval of the state or the awarding agency, whichever is applicable.
In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation
from their unit or agency of government AND from an award for a single period of time (e.g., 1 :00 pm to 5 :00 pm), even
though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance
Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.
Travel expenses
Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP
Financial Guide at httD:/IWWW.oiD.Usdoi.Qov/FinGuide).
Acquisition of authorized office equipment, Including:
. Personal computers
. Laptop computers
. Printers
. LCD projectors, and
. Other equipment or software which may be required to support the implementation of the homeland
security strategy
The following are allowable only within the period of perfonnance of the contract:
. Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc.
. Leasing and/or renting of space for newly hired personnel during the period of performance of the grant program
D. Unauthorized Expenditures
. Activities unrelated to the completion and implementation of the grant program
. Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs
. Funding may not be used to supplant ongoing, romine public safety activities of state and local emergency responders,
and may not be used to hire staff for operational activities or backfill. Funds cannot not replace (supplant) funds that
have been appropriated for the same purpose.
E. Construction and Renovation
Use ofHSGP funds for construction and renovation is generally prohibited except as outlined below, Such construction
and renovation shall be strictly limited and allowable only when it is a necessary component of a security system at critical
infrastructure facilities.
Project construction and renovation not exceeding $1,000,000 is allowable, as deemed necessary, The following types of
projects are considered to constitute construction or renovation, and must be submitted to FEMA for compliance review
under Federal environmental planning and historic preservation (EHP) laws and requirements prior to initiation ofthe
project:
. Construction and renovation of guard facilities
. Renovation of and modifications, including the installation of security and communication equipment, to buildings
and structures that are 50 years old or older
. Any other construction or renovation efforts that change or expand the footprint of a facility or structure, including
security enhancements to improve perimeter security.
. Physical security enhancements, including but not limited to:
o Lighting
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2/22/2011 Item 16.F.2.
o Fencing
o Closed-circuit television (CCTV) systems
o Motion detection systems
o Barriers, doors, gates and related security enhancements
In addition, the erection of communications towers that are included in a jurisdiction's interoperable communications plan
is allowed, subject 'to all applicable laws, regulations, and licensing provisions. Communication tower projects must be
submitted to FEMAfor EHP review. Per the Consolidated Security, Disaster Assistance, and Continuing Appropriations
Act of 2009 (public Law 110-329), communications towers are not subject to theSi, 000, 000 construction and renovation
cap.
Approval Process:
In order for grantees to drawdown funds for construction and renovation costs, the grantee must provide the Division with:
· A description of the asset or facility, asset location, whether the infrastructure is publicly or privately owned, and the
construction or renovation project;
· Certification that a facility vulnerability assessment has been conducted
· An outline addressing how the construction or renovation project will address the identified vulnerabilities from the
assessment
· Consequences of not implementing the construction or renovation project
. Any additional infonnation requested by FEMA to ensure compliance with Federal environmental and historic
preservation requirements
Additional infonnation may also be found on the FEMA's website located at httrJ://wwwfema.l!ov/vlanlehDI.
Note: Written approval must be provided by FEMA prior to the use of any funds for construction or renovation,
F, Overtime and Backfill Guidance
Overtime - These expenses are limited to the additional costs which result from personnel working over and above 40
hours of weekly work time as a direct result of their perfonnance ofFEMA-approved activities specified in this guidance,
Overtime associated with any other activity is not eligible.
Backfill-related Overtime - Also called "Overtime as Backfill," these expenses are limited to overtime costs which result
from personnel who are working overtime (as identified above) to perfonn the duties of other personnel who are
temporarily assigned to FEMA-approved activities outside their core responsibilities. Neither overtime nor backfill
expenses are the result of an increase of FTE employees.
G. National Incident Management System (NIMS) Compliance
HSPD-S, "Management of Domestic incidents," mandated the creation ofNIMS 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 infonnation management, supporting
technologies, and management and maintenance ofNIMS. 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,gov/odfJemergencv/nims/ngo fS,Ddf To integrate nonprofit organizations into the broader national
preparedness effort, DHS encourages grantees to consider pursuing these recommended activities,
Additionally, nongovernmental organizations grantees and sub-grantees will be required to meet certain NIMS compliance
requirements, This includes all emergency preparedness, response, and/or security personnel in the organization
participating in the development, implementation, and/or operation of resources and/or activities awarded through this
grant must complete training programs consistent with the NIMS National Standard Curriculum Development Guide,
Minimum training includes IS-700 NIMS: An Introduction, In addition, IS-800,a NRP: An Introduction, Incident
Command System (lCS,j 00), Incident Command System (ICS-200), Intennediate Incident Comml!"d System (0-300), and
Advanced Incident Command System (0-400) are also recommended, For additional guidance on NIMS training, please
refer to htto:l/www,femagov/emergencv/nims/nims training.shtm.
Additional infonnation about NIMS implementation and resources for achieving compliance are available through the
NIMS Integration Center (NIC), at htto://www.fema.gov/emergencv/nims/.
III. Reporting Requirements
1. Quarterly Programmatic Reporting:
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2/22/2011 Item 16.F.2.
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
Re ortin Period
Re rt due to DEM no later than
March 31
ril30
June 30
Jul 31
October 31
October I thrau December 31
Janu 31
2, Programmatic Reporting-BSIR
Biannual Stratel!ic lmDlementation Renort:
After the end of each reporting period, for the life of the contract unless directed otherwise but the SAA, the
recipient will complete their Biannual Strategic lmplementation Report in the Grants Reporting Tool (GRT)
httDs:/lwww.reDorting.odD.dhs.l!ov. The reporting periods are January I-June 30 and July I-December 31.
Data entry is scheduled for December I and June I respectively, Future awards and reimbursement may be
withheld if these reports are delinquent
3, Reimbursement Requests:
A request for reimbursement may be sent to your grant manager for review and approval at anytime during the
contract period. The Recipient should include the category's corresponding line item number in the "Detail of
Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be
included for every dollar amount listed in the "Detail of Claims" form,
4, Close-out Programmatic Reporting:
The Close-out Report is due to the Florida Division of Emergency Management no later than 60 calendar days
after the agreement is either completed or the agreement has expired.
S. Monitoring:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through
various funding sources including federal grant funds, The Florida Division of Emergency Management (FDEM) has a responsibility to
track and monitor the status of grant activity and items purchased to ensure compliance with applicable SHSGP grant guidance and
statutory regulations. The monitoring process is designed to assess a recipient agency's compliance with applicable state and federal
guidelines,
Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas
reviewed during monitoring activities - financial and programmatic monitoring, Financial monitoring is the review of records associated
with the purchase and disposition of property, projects and contracts, Programmatic monitoring is the observation of equipment
purchased, protocols and other associated records, Various levels of financial and programmatic review may be accomplished during
this process,
Desk monitoring is the review of projects, fmancial activity and technical assistance between FDEM and the applicant via e-mail and
telephone. On-Site Monitoring are actual visits to the recipient agencies by a Division representative who examines records, procedures
and equipment.
FreQuencv of annual monitoring activity:
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2/22/2011 Item 16.F.2.
Each year the FDEM will conduct monitoring for up to 50"10 of their sub-grantees. It is important to note that although a given grant has
been closed, it is still subject to either desk or on-site monitoring for a five year period folIowing closure,
Areas that will be examined include:
Management and administrative procedures;
Grant folder maintenance;
Equipment accountability and sub-hand receipt procedures;
Program for obsolescence;
Status of equipment purchases;
Status of training for purchased equipment;
Status and number of response trainings conducted to include number trained;
Status and number of exercises;
Status of planning activity;
Anticipated projected completion;
Difficulties encountered in completing projects;
Agency NIMSnCS compliance documentation;
Equal Employment Opportunity (EEO Status);
Procurement Policy
FDEM may request additional monitoring/information if the activity, or lack there of, generates questions from the region, the
sponsoring agency or FDEM leadership, The method of gathering this information will be determined on a case-by-case basis.
Desk monitoring is an on-going process. Recipients wilI be required to participate in desk top monitoring on an annual basis and as
determined by the FDEM, This contact will provide an opportunity to identify the need for technical assistance (T A) 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 T A will be referred to the
FDEM for assistance. Examples ofTA include but are not limited to:
... Equipment selection or available vendors
... Eligibility of items or services
... Coordination and partnership with other agencies within or outside the region or discipline
... Record Keeping
... Reporting Requirements
... Documentation in support of a Request for Reimbursement
On-Site Monitoring will be conducted by the FDEM or designated personnel. On-site Monitoring visits will be scheduled in advance
with the recipient agency POC designated in the grant agreement. .~
The FDEM will also conduct coordinated financial and grant me 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.
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2/22/2011 Item 16.F.2.
All findings related to the capability review will be documented and maintained within the FDEM,
On-site Monitoring Protocol
On-site Monitoring Visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal
year (FFY). Site visits may be combined when geographically convenient. There is a financial and programmatic on-site monitoring
checklist to assist in the completion of all required tasks,
Site Visit Preparation
A letter will be sent to the recipient agency Point of Contact (POC) outlining the date, time and purpose of the site visit before the
planned arrival date,
The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder,
The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the
address should be documented in the grantee folder before the site visit.
On-Site MonitoTin!! 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/visuallspot inspection of equipment will be conducted,
Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal
(information/serial number) placed in a prominent location on each piece 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 Monitoria!! Visit
FDEM personnel will review the on-site monitoring review worksheets and bacJ....up documentation as a team and discuss the events of
the on-site monitoring.
Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and
corrective actions required or recommendations, Should no issues or findings be identified, a monitoring report to that effect will be
generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM,
Noncompliance on behalf of sub-grantees is resolved by management under the terms ofthe Sub grant Agreement.
The On-Site Monitoring Worksheets, the monitoring report and all back up documentation will then be included in the grantee's file,
A, Programmatic Point of Contact
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2/22/2011 Item 16.F.2.
Contractual Point of Contact
Programmatic Point of Contact
Contract Manager
FDEM
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850) xxx-xxxx
contractmana erfaJem.m orida,com
B. Contractual Responsibilities
. The FDEM shall determine eligibility of projects and approve changes in scope of work,
. The FDEM shall administer the financial processes.
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2/22/2011 Item 16.F.2.
Attachment B
Program Statutes, Regulations and Special Conditions
1) 53 Federal Register 8034
2) Section 1352, Title 31, US Code
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
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 Department of Homeland Security grants are listed below:
A. Administrative Requirements
)> 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governmen!s
)> 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMS
Circular A-11 0)
S, Cost Principles
)> 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMS
Circular A-87)
)> 2 CFR Part 220, Cost Principles for Educational Institutions (OMS Circular A-21)
)> 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMS Circular A-122)
)> Federal Acquisition Regulations (FAR); Part 31,2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations
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2/22/2011 Item 16.F.2.
C, Audit Requirements
~ OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations
2, 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.
3, The recipient agrees that all allocations and use of funds under this grant will be in accordance
with the FY 2010 Homeland Security Grant Program guidance and application kit.
4, The 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 communications towers, physical security enhancements involving ground disturbance,
new construction, and modifications to buildings, structures and objects that are 50 years old or
older, and purchase and use of sonar equipment. 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 without the necessary
EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA
funding.
5, The recipient is prohibited from obligation or expending Operation Stonegarden (OPSG) funds
provided through this award until each unique, specific or modified county level or equivalent
Operational Order/Frag Operations Order with embedded estimated operational budget has been
reviewed and approved through an official email notice issued by FEMA removing this special
programmatic condition, The Operations Order approval process/structure is as follows:
Operations Orders are submitted to (1) the appropriate Customs and Border Protection (CBP)
Border Patrol (BP) Sector Headquarters (HQ); upon approval by the Sector HQ, forwarded
through the Border Patrol Enforcement Transfer System (BPETS) system to (2) the OPSG
Coordinator, CPB/BP Washington, DC and upon approval forwarded to (3) Federal Emergency
Management Agency (FEMA), Grant Programs Directorate (GPO), Grant Development and
Administration Division (GD&A), Notification of release of programmatic hold will be sent by
FEMA via email to the State Administrative Agency (SAA) with a copy to OPSG Coordinator at
CBP/BP HQ, Washington, DC,
6, The recipient shall submit the Federal Financial Report (FFR, SF-425) within 30 days of the end
of the first Federal quarter following the initial grant award, The recipient shall submit quarterly
FFRs therafter until the grant ends. Reports are due on January 30, April 3D, July 30, 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 awards
and fund draw downs may be withheld if these reports are delinquent. The final FFR is due 90
days after the end date of the performance period.
7. In the event FEMA determines that changes are necessary to the award document after and
award, including changes to the 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. Please call the FEMAlGMD
Call Center at (866) 927-5646 or via email to ASK-GMD@dhs,qov if you have any questions.
8. A. Provisions applicable to a recipient that is a private entity.
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2/22/2011 Item 16.F.2.
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 Federal 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 standards and due process for imputing the conduct
of an individual to an organization that are provided in in 2 CFR Part 180, "OMS 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 awarding
agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private
entity:
1, Is s determined to have violated an applicable 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 an applicable 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 Governmentwide Debarment and Suspension (Non-procurement)," as implemented
by our agency at 2 CFR part 3000.
9. C. Provisions applicable to any recipient.
1, 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,1 of this award term in any subaward you
make to a private entity.
C. Definitions. For purposed 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
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2/22/2011 Item 16.F.2.
contributed by a third party as an in-kind contribution toward cost sharing or matching
requirements,
E, "Forced Labor" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor services, through the use of
force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt
bondage, or slavery,
1, "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:
1, 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.
2, "Severe forms of trafficking in persons", "commercial sex act", and "coercion" have the
meaning given at section 103 of the TVPA, as amended (22 U,S,C, 7102),
10, 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 is 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 State 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:
htto:/lwww.dhs.qov/xoonbizlqrants/index.shtm,
E, Immediately upon determination by the award recipient that funding under this award will be
used to support such 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 contract information:
Telephone: 202-447-5346
Email: DD254Administrat~veSecurity@dhs.qov
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2/22/2011 Item 16.F.2.
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD/lndustrial Security Program Branch
Washington, DC 20528
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2/22/2011 Item 16.F.2.
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment
is requested, budget data on which the request IS based must be submitted. Any advance payment
under this Agreement is subject to s, 216.181 (16), Florida Statutes and Division approval.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
(A) (B) (C) (D)
FFY FFY FFY Total
DESCRIPTION
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 bv line 1.)
Immediate contract expenditures must be supported through inVOiCeS, purchase orders, bmesheets andlor
other substantiating documentation and cannot exceed the expected cash needs of the recipient within the
initial three months, Expenditures need only be provided for the years in which you requested an advance. If
you do not have this infonnation, call your consultant and he or she will assist you,
MAXIMUM ADVANCE ALLOWED CALCULATION:
X $ =
Cell D3 OEM Award MAXIMUM
(Do not include any match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
] Recipient has no previous DCAlDEM contract history, Complete Estimated Expenses chart and
Explanation of Circumstances below,
I Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
Complete Estimated Expenses chart and Explanation of Circumstances below, Attach additional
pages if needed;
ESTIMATED EXPENSES
BUDGET CATEGORY 2010-2011 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration,)
PROGRAM EXPENSES
TOTAL EXPENSES'
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2/22/2011 Item 16.F.2.
Explanation of Circumstances:
35
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2/22/2011 Item 16.F.2.
Attachment 0
Reimbursement Check List
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.
o
D
o
D
o
Eauipment
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?
Plannina
Consultants/Contractors Note: this a lies to contractors also billed under 0
1. Does the amount billed by consultant add up correctly?
o 2, Has all appropriate documentation to denote hours worked been properly signed?
o 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 sign up sheet with meeting date must be included),
o 4, Has the invoice from consultantlcontrator been included?
o 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).
o 6, Has Attachment E (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 OrQanization as well)
o 1, Have the following been provided: signed time sheet by employee and supervisor and
proof that employee was paid for time worked (statement of earnings, copy of payroll
check or payroll register)? Has a time period summary sheet been included for total
claimed amount?
o 2. Does the back-up documentation provided match the time period for which
reimbursement is being requested?
o
Trainina
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
o
o
36
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o
o
o
o
o
o
D
D
D
D
D
2/22/2011 Item 16.F.2.
attendees were paid? For backfill, has a clear delineation/cross reference been provided
showing who was backfilling who?
4, Have the names on the sign-in sheets been cross-referenced with the names of the
individuals for whom training reimbursement costs are being sought?
5, Has any expenditures occurred in support of the training (e,g" printing costs, costs
related to administering the training, planning, scheduling, facilities, materials and
supplies, reproduction of materials, and equipment)? If so, receipts and proof of payment
must be submitted, (E.g, canceled check, Electronic Funds Transfer (EFT) confirmation,
or P-Card back up documentation which will include receipt with vendor, copy of credit
card statement showing expense charged, and payment to credit card company for that
statement),
Exercise
1, Has documentation been provided on the purpose/objectives of the exercise? Such as,
SITMAN/EXPLAN,
2. If exercise has been conducted - has after-action report been included? Have sign-in
sheets, agenda, rosters been provided?
3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at exercise, hourly rate and total paid to each
attendee? Have print outs from entity's financial system been provided to prove
attendees were paid? For backfill, has a clear delineation/cross reference been provided
showing who was backfilling who?
4. Have the names on the sign-in sheets been cross-referenced with the names of the
individuals for whom exercise reimbursement costs are being sought?
5, Has any expenditures occurred on supplies (e.g" copying paper, gloves, tape, etc) in
support of the exercise? If so, receipts and proof of payment must be submitted, (E.g,
canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up
documentation to include receipt with vendor, copy of credit card statement showing
expense charged, and payment to credit card company for that statement).
6. Has any expenditures occurred on rental of space/locations for exercises planning and
conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be
submitted, (E.g, canceled check, Electronic Funds Transfer (EFT) confirmation, or P-
Card back up documentation to include receipt with vendor, copy of credit card statement
showing expense charged, and payment to credit card company for that statement).
Travel/Conferences
1. Have all receipts been turned in such as: airplane receipts, proof of mileage, toll receipts,
hotel receipts, car rental receipts, registration fee receipts and parking receipts? Are
these receipts itemized? Do the dates of the receipts match the date(s) of
travel/conference? Does the hotel receipt have a zero balance? If applicable, have a
travel authorization and travel reimbursement form been included to account for per
diem, mileage and other travel expenses which have been reimbursed to the traveler by
sub grantee?
2. If travel is a conference has the conference agenda been included?
3. Has proof of payment to traveler been included? (E.g. canceled check, Electronic Funds
Transfer (EFT) confirmation, or copy of payroll check if reimbursed through payroll),
OrQan;zation
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~/22/2011Item 16.F.2.
1 , If billing for overtime and backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at EOC, hourly rate and total paid to each
attendee? Have print outs from entity's financial system been provided to prove
attendees were paid? For backfill, has a clear delineation/cross reference been provided
showing who was backfilling who?
MatchinQ 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 4c?
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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2/22/2011 Item 16.F.2.
Attachment E
Warranties and Representations
Financial Manaaement
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 OMS 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, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
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2/22/2011 Item 16.F.2.
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
Licensina and PermittinQ
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.
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2/22/2011 Item 16.F.2.
Attachment F
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency,
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form,
SUBCONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
DCA Contract Number
Street Address
City, State, Zip
Date
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2/22/2011 Item 16.F.2.
Attachment G
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMS 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
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties,
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2/22/2011 Item 16.F.2.
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, M71 00,1; 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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