16-FG-5A-11-54-01-111 07/15/2015 AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
A\ MONROE COUNTY,FLORIDA
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DATE: August 4, 2015
TO: Jose Tezanos,
Emergency Management Senior Planner
ATTN: Holly Pfiester �[,,,yL
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FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller BolS°77
At the July 15, 2015 Board of County Commissioner's meeting the Board granted approval and
execution of Item C28 An Emergency Management Performance Grant FYI6 Federally Funded
Subgrant Agreement 16-FG- -11-54-01-111 in the amount of $66,477.00, fully grant funded and no
county match, and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
These enclosures are not fully executed;the Federally-Funded Subgrant Agreement requires the State of
Florida Div. of Emergency Management's execution. Once completed,please return for finalization.
Should you have any questions, please feel free to contact me.
cc: County Attorney (Electronic)
Finance (Electronic)
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
R r
Contract Number: 16-FG SA 11-54-01-111
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 Monroe 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 F.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin on July 1, 2015 and end June 30, 2016, unless terminated
earlier in accordance with the provisions of Paragraph (12)of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200.
(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
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costs,in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work-Attachment A-and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable"shall ordinarily mean during normal business
hours of 8:00 a.m.to 5:00 p.m., local time,on Monday through Friday. "Agents"shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles,to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Division. "Reasonable"shall ordinarily mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in 2 C.F.R. Part 200, and in the event that the Recipient expends$750,000 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 2 C.F.R. Part 200. 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 2 C.F.R. Part 200. An audit of the Recipient conducted by the Auditor General
in accordance with the provisions of 2 C.F.R. Part 200,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 2 C.F.R. Part 200.
If the Recipient expends less than$750,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of 2 C.F.R. Part 200, 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 2 C.F.R. Part 200, 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 2 C.F.R.
Part 200 and required by subparagraph (d)above, by or on behalf of the Recipient to:
The Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
OR
DEM Si ngle_Audit@em.my0orida.corn
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by
submission online at
http://harvestercensus.gov/fac/collectiddeindex.html
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And to any other Federal agencies and pass-through entities in accordance with 2 C.F.R. Part 200.
(f) Pursuant to 2 C.F.R. Part 200 and any management letter issued by the auditor, to
the Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
OR
DEMSingle_Audit@em.myflorida.com
(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 2 C.F.R. Part 200, 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
2 C.F.R. Part 200 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.
(j) The Recipient shall have all audits completed by an independent certified public
accountant(IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are September 30, December 31
March 31 and June 30.
(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.
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(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 determines that
a limited scope audit of the Recipient is appropriate,the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition,the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat.,the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects,terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph(11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies,and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(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.
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If an Event of Default occurs,then the Division shall, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States,first
class mail, postage prepaid, by registered or certified mail-return receipt requested,to the address in
paragraph (13)herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds,fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time,and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(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.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery,or first class,certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
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(b) The name and address of the Division contract manager for this Agreement is:
Jenene Helms
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-413-9920
Fax: 850-488-7842
Email:jenene.helms(them.mvflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Irene Toner
490 63`° Street Suite 150
Marathon, Florida 33050
Telephone: 305-289-6018
Fax: 305-289-6333
Email: toner-irene(aamonroecounty-fl.gov
(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, (ll)the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii)the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement,to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
theconflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A— Program Budget
Attachment B—Scope of Work
Attachment C—Budget Narrative Recordkeeping
Attachment D—Deliverables
Attachment E—Reports
Attachment F—Program Statutes, Regulations and Special Conditions
Attachment G—Justification of Advance Payment
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Attachment H—Warranties and Representations
Attachment I—Certification Regarding Debarment
Attachment J—Statement of Assurances
Attachment K—Reporting Forms
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed$66,477.00,
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat.,and is contingent upon the Recipients acceptance of the rights of the Division under Paragraph
(12)(b)of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three(3)months of the contract term. For a federally funded
contract,any advance payment is also subject to federal 2 C.F.R. Part 200 and the Cash Management
Improvement Act of 1990. All advances are required to be held in an interest-bearing account. If an
advance payment is requested,the budget data on which the request is based and a justification
statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of
advance payment needed and provide an explanation of the necessity for and proposed use of these
funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Recipient certifying that"all disbursements made
in accordance with conditions of the Division agreement and payment is due and has not been previously
requested for these amounts.° The supporting documentation must comply with the documentation
requirements of applicable in 2 C.F.R. Part 200. The final invoice shall be submitted within sixty(60)days
after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal
of quarterly invoices shall be submitted to the Division contract manager as part of the Recipients
quarterly reporting as referenced in Paragraph 7 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress,the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h)of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
All funds received hereunder shall be placed in an account with a separate account code
identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by
the Division that are not expended in implementing this program shall be returned to the Division, along
with any interest earned on all funds received under this Agreement,within ninety(90)days of the
---expiration of the award Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management and
Budget Circulars,or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST
PRINCIPLES AND PROCEDURES.
Any requests received after July 31, 2016, at the discretion of the Division, may not be
reimbursed from this Agreement.
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This agreement may be renewed, at the Division's sole discretion, for a period that may not
exceed three years or the term of the original Agreement, whichever period is longer, specifying the
renewed price and subject to the availability of funds. Pursuant to Section 287.057(13), Florida Statutes,
exceptional purchase contracts pursuant to Section 287.057(3)(a)and (c), may not be renewed.
Federal funds provided under this Agreement shall be matched by the Recipient dollar for
dollar from non-federal funds.
All payments relating to the Agreement shall be mailed to the following address:
Monroe County Emergency Management
Attn: Irene Toner
490 63rd Street Suite 150
Marathon, Florida 33050
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of"Division of Emergency Management", and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
!n 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. The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision-of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law
101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
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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(g)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions(federal, state or local)terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition,the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment,Suspension,Ineligibility And Voluntary
Exclusion" (Attachment I)for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature,and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section
112.061(14)(a), 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
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of Section 274A(e)of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law(Section
286.011, Fla. Stat.)with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public,and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(o) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
- Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the
making of any Federal loan, the entering into of any cooperative agreement,and the extension,
continuation, renewal,amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
3. The Recipient shall require that this certification be included in the award
documents for all subawards(including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements)and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not
more than $100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright,the Recipient shall retain all
rights and entitlements to that preexisting patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement,or in any way connected with it,the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films,or other copyrightable
10
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 patentor 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 properly
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that 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 H.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement.
RECIPIENT:
MONROE COUNTY /�J/�J
cC�V/..�.�/�_ MON E C LINTY ATTORNEY
By:
"'__ ��' A 0 DAS,TQ�F0 M:
Name an itle:Ds yy,L./T./hvS Ac7or I,•
Date: 07-/5.-/8" YNTHIA L. HALL
FID# 59-6 000 74/-9 ASSISTANT OUN TY ATT RNEY
DUNS# 073870757 Date 3" MI5
STATE OF FLORIDA br
DIVISION OF EMERGENCY MANGEMENT
�� I
� F MA CLERK
/ •� 1�����_,_ ir
By: y
. �. ,w, / G� 11 /�
Name an. T le: B an K•on 2frect•r "' �
Date: a
•
p
EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE:If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: U.S. Department of Homeland Security/Federal Emergency Management Agency
Catalog of Federal Domestic Assistance title and number: Emergency Management Performance Grant#
97.042
Award amount: $66,477.00
FAIN# & •r-W- 7.C)Ib- fjf- <9W33- $01
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
Chapter 252, Florida Statutes •
Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
44 CFR, Part 302
48 CFR, Part 31
2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
NOTE:If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
Recipient is to use funding to perform eligible activities as identified in the United States
Department of Homeland Security, Federal Emergency Management Agency, National
Preparedness Directorate, Fiscal Year 2015 Emergency Management Performance Grants
Program.
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: 2 C.F.R. Part 200 and Section 215.97(5)(a), Florida Statutes, require that the information about
Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient.
12
`r
Attachment A
Program Budget
• Funding from the Emergency Management Performance Grant is intended for use by the Recipient to
perform eligible activities as identified in the United States Department of Homeland Security, Federal
Emergency Management Agency, Fiscal Year 2015 Emergency Management Performance
Grants Program and programs that are consistent with Title 44, 2 C.F.R. Part 200, State Rule
Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes).
• The transfer of funds between the categories listed in the Program Budget is permitted.
• Below is a general budget which outlines eligible categories and their allocation under this award.
Amount
Grant Recipient Agency Category E Allocated
Organizational Expenditures 66,477
FY 2015— Emergency Planning Expenditures
Management Performance MONROE COUNTY
Grants Program Training Expenditures
Exercise Expenditures
Equipment Expenditures
Management and Administration
Expenditures (no greater than 5%)
13
•r
Attachment B
Scope of Work
The Emergency Management Performance Grant(EMPG)funding agreement is provided to perform
eligible activities as identified in the Program Funding Opportunity Announcement(FDA). Eligible
activities are outlined below in the Categories and Eligible Activities. The intent of the EMPG Base Grant
Agreement is to provide each county with the means to successfully manage and operate an Emergency
Management Program by enhancing county emergency management plans and programs that are
consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule
Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes).
Counties must be able to prepare for, respond to, recover from,and mitigate against natural and
man-made disasters)emergencies. Each Emergency Management staff person must work the
number of hours and assume the responsibilities for the duties in their official position
description as well as provide the coordination and support for all incidents within their
jurisdiction.
The minimum acceptable standard for payment is to maintain a 24-7 operation. This includes any
service related to the"Categories and Eligible Activities" listed below,as well as completing the
Program Goals(Attachment C). Items listed in Attachment C are to be reviewed during the mid-
year and end-of year progress report prepared In conjunction with the Division's Regional
Coordinator to ensure county compliance.
By signing this Agreement the Recipient certifies that it will use these funds to enhance the county's
Emergency Management Program.
Monitoring: Monitoring will be accomplished through desk-based review, on-site monitoring visits, or
both. Monitoring will involve the review and analysis of the financial, programmatic, performance,
compliance and administrative processes, policies, activities, and other attributes of each county and will
identify areas where technical assistance, corrective actions and other support may be needed.
Desk monitoring is the review of projects, financial activity and technical assistance between the Division
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.
The Division may request additional monitoring/information if the activity, or lack thereof, generates
questions from the region,the sponsoring agency or Division leadership. The method of gathering this
information will be determined on a case-by-case basis.
Piggy-backing: The practice of procurement by one agency using the agreement of another agency is
called piggybacking. The existing contract must contain language or other legal authority authorizing third
parties to make purchases from the contract with the vendor's consent. The terms and conditions of the
new contract, including the scope of work, must be substantially the same as those of the existing
contract The piggyback contract may not exceed the existing contract in the scope of volume of goods
or services. An agency may not use the preexisting contract merely as a"basis to begin negotiations'for
a broader or materially different contract.
•
14
•
Federally funded projects must be competitively solicited offering open competition. Piggy-backing off
existing agreements is not allowed unless justified by additional quotes demonstrating cost benefit of
contract vendor. This includes the use of State Term Contracts(STC), State Alternate Contract Sources
(ACS), General Services Administration (GSA)contracts, and local agreements. Each award under this
grant is a'new'project and must be competitively awarded. FDEM requires suspension and debarment
forms for each vendor and justification of vendor selection. FDEM must pre-approve all scopes of work
for protects funded under this agreement. FDEM may at its discretion require solicitation documents and
responses.
I. Categories and Eligible Activities
The 2015 Emergency Management Performance Grants(EMPG) Program Guidance allowable costs are
divided into the following categories: organizational, planning,training, exercise,equipment, and
management and administration.
A. Organization
The quarterly minimum acceptable standard is to have the qualified staffing level for the county based
upon Rules 27P-11.004 and 27P-11.0061 (definition below). Each Emergency Management staff person
must be available to work the number of hours and assume the responsibilities for the duties in their
official position description as well as provide the coordination and support for all incidents within the
jurisdiction on a 24 hour basis.
Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. 5121-
5207, EMPG Program funds may be used for all-hazards emergency management operations, staffing,
and other day-to-day activities in support of emergency management.
Personnel costs, including salary, overtime compensatory time off and associated fringe benefits, are
allowable costs with FY 2015 EMPG Program funds. These costs must comply with 2 C.F.R. Part 200.
Personnel costs 27P-11.004, 27P-11.0061
(1) Counties with populations of 75,000 or more must have a full time emergency management
director. Counties with populations of less than 75,000 or party to an interjurisdictional emergency
management agreement entered into pursuant to Section 252.38(3)(b), F.S., that is recognized by the
Governor by executive order or rule, are encouraged to have a full time director, but, must, as a
minimum, have an emergency management coordinator who works at least 20 hours a week in that
capacity. "Full-time Emergency Management Director means a single professional emergency
management program Administrator working full-time as identified in the position description
established by the governing body of the jurisdiction.
(2)The county must have an emergency management program which has been approved by the
Division of Emergency Management. Program approval will require: compliance with appropriate
-- federal and state laws, rules and regulations; satisfactory completion of work elements of the previous
year; and, a current proposal containing work elements commensurate with the needs of that county
and a proposed budget. Eligible County Emergency Management Agencies in the state shall be
allocated annual Federal Emergency Management Agency (FEMA) Emergency Management
Performance Grant (EMPG) funding based on the following factors: an amount initially allocated to
the county under its Fiscal Year 1994-95 Emergency Management Assistance agreement with the
Division of Emergency Management(Division), a base amount distributed equally to each county and
an amount commensurate with each county's proportionate share of the states total population
based on the most recent official population estimates. These amounts shall be increased or
15
decreased to reflect additions or reductions in the availability of FEMA EMPG funds to the Division
and the Division's distribution of funds to local governments. After providing for the initial allocation
and the base amount allocation as described above, each county's increase or decrease shall be
commensurate with its proportionate share of the states total population based on the most recent
official population estimates. Federal funds shall be used by the county for personnel, travel and
operational expenses. Each county must be able to provide a non-federal match for federal funds on
a dollar for dollar basis.
The Staffing Detail and Exercise Detail Form (Form 3)are due every quarter with your quarterly financial
report(for EMPG funded employees only). This is to identify all EMPG funded employees,the completion
of required training(or working towards completion)and the required amount of exercises during the
agreement period.
Eligible"Organization" items include, but are not limited to:
• Utility(electric, water and sewage)and Telephone Bills (landlines, cellular, and satellite)
• Internet Service
• Maintenance Agreements for equipment or services (reimbursement can only be claimed for services
within the Agreement period)
• General Office Supplies
• Travel to/from meetings and conferences related to emergency management
• Travel to training and/or exercises related to emergency management
• Dues and Conference Travel as it relates to the Scope of Work
• Equipment(that does not require an AEL#)
• Software and upgrades
• Publications and Training Materials
• Postage
• Apparel for identification of Emergency Management Staff in the field
• Fuel for Emergency Management vehicles
• Food/Beverages for activations(must have Governor's Executive Order or a declared Local State of
Emergency or prior approval from DEM/DFS)
• Other Personal/Contractual Services
• Reimbursement for services by a person(s)who is not a regular or full time employee filling
established positions. This includes but is not limited to,temporary employees, student or
graduate assistants, fellowships, part time academic employment, board members, consultants,
and other services.
• Consultant Services require a pre-approved Contract or purchase order by the Division. Copies
of additional quotes should also be supplied when requesting pre-approval. These requests
should be sent to the Contract Manager for the Division for review.
• Fixed Capital Outlay
• Major repairs to the County Emergency Operations Center
•-_-Central Heat/Air
• Out buildings for storage of Emergency Management Equipment(Need prior EHP approval)
• Security Improvements(i.e. Cameras and equipment to operate)
• Generators and Installation (Need prior EHP approval)
B. Planning
Planning spans across the five National Preparedness Goal(the Goal)mission areas and provides a
baseline for determining potential threats and hazards, required capabilities, required resources, and
16
establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the
whole community in the development of a strategic, operational, and/or community-based approach to
preparedness.
FY 2015 EMPG Program funds may be used to develop or enhance emergency management planning
activities. Eligible"Planning"activities include, but not limited to:
• Providing input for data collection in THIRA development
• Development of an all-hazards mitigation plan based on identified risks and hazards
Emergency Management/Operation Plans
• Maintain/enhance current local County Emergency Management Plan(CEMP)
• Modifying existing incident management and emergency operations plans
• Developing/enhancing large-scale and catastrophic event incident plans
Communications Plans
• Developing and updating Statewide Communication Interoperability Plans
• Developing and updating Tactical Interoperability Communications Plans
Continuity/Administrative Plans
• Developing/enhancing Continuity of Operation(COOP)/Continuity of Government (COG)plans
• Developing/enhancing financial and administrative procedures for use before, during,and after
disaster events in support of a comprehensive emergency management program
Whole Community engagement/planning
• Developing/enhancing emergency operations plans to integrate citizen/volunteer and other non-
governmental organization resources and participation
• Engaging the"Whole Community" in security and emergency management is critical to achieving the
NPG
• Public education and awareness on emergency management and preparedness
• Planning to foster public-private sector partnerships
• Development or enhancement of mutual aid agreements/compacts, including required membership in
EMAC
Resource management planning
• Developing/enhancing logistics and resource management plans
• Developing/enhancing volunteer and/or donations management plans
• Acquisition of critical emergency supplies defined as: shelf stable food products, Water, and/or basic
medical supplies.Acquisition of critical emergency supplies requires each State to have FEMA's
approval of a viable inventory management plan;an effective distribution strategy; sustainment costs
for such an effort; and logistics expertise to avoid situations where funds are wasted because
supplies are rendered ineffective due to lack of planning.
• Supply preparation
Evacuation planning
• Developing/enhancing evacuation plans, including plans for:alerts/warning, crisis communications,
pre-positioning of equipment for areas potentially impacted by mass evacuations sheltering, and re-
entry.
Pre-disaster and post-disaster Recovery planning
17
• Pre-event response/recovery/mitigation plans in coordination with State, local, and tribal governments
• Developing/enhancing other response and recovery plans
• Develop recovery plans and preparedness programs consistent with the principles and guidance in
the NDRF that will provide the foundation for recovery programs and whole-community partnerships.
Preparedness and pre-disaster planning was given special attention within the NDRF with specific
guidance: Planning for a Successful Disaster Recovery(pages 63-70). For more information on the
NDRF see http:/Mwww.fema.00v/pdf/recovervframeworkindr/odf.
F/ERO Credentialing and Validation:
• Working group meetings and conferences relating to emergency responder credentialing and
validation
• Compiling data to enter into an emergency responder repository
• Coordinating with other State, local, territorial, and tribal partners to ensure interoperability among
existing and planned credentialing and validation systems and equipment
• Planning to incorporate emergency responder identity and credential validation into training and
exercises.
C. Training
The number of participants must be adequate for each training session: Unless the recipient receives
advance written approval from FDEM for the number of participants,the Division will reduce the amount
authorized for reimbursement or a pro-rata basis for or deny the entire reimbursement. A request must
be submitted and approved by DEM no later than 25 days prior to the training session.
FY 2015 EMPG Program funds may be used for a range of emergency management-related training
activities to enhance the capabilities of local emergency management personnel through the
establishment, support, conduct, and attendance of training. Training activities shall align to a current,
Multi-Year TEP developed through an annual TEPW. Training should foster the development of a
community oriented approach to emergency management that emphasizes engagement at the
community level, strengthens best practices, and provides a path toward building sustainable resilience.
To ensure the professional development of the emergency management workforce,the grantee must
continually assess the capabilities of staff through the implementation of the MYTEP.
Additional types of training include, but are not limited to, the following:
• Developing/enhancing systems to monitor training programs
• Conducting all hazards emergency management training
• Attending Emergency Management Institute(EMI)training or delivering EMI train-the-trainer courses
• Attending other FEMA-approved emergency management training
• Mass evacuation training at local, State, and tribal levels
Allowable training-related costs include the following:
• Funds Used to Develop, Deliver, and Evaluate Training. Includes costs related to administering the
training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and
equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well
as to identify any gaps in these skills.Any training or training gaps, including those for children and
individuals with disabilities or access and functional needs, should be identified in the AAR/IP and
addressed in the training cycle.
18
• Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling
personnel, which are the direct result of attendance at FEMA and/or approved training courses and
programs are allowable. These costs are allowed only to the extent the payment for such services is
in accordance with the policies of the State or unit(s)of local government and has the approval of the
State or the awarding agency,whichever is applicable. In no case is dual compensation allowable.
That is, an employee of a unit of government may not receive compensation from their unit or agency
of government AND from an award for a single period of time(e.g., 1:00 p.m. to 5:00 p.m.), even
though such work may benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, hotel)are allowable as expenses by employees
who are on travel status for official business related to approved training.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full-or part-time staff may be hired to
support direct training-related activities. Payment of salaries and fringe benefits must be in
accordance with the policies of the State or unit(s)of local government and have the approval of the
State or awarding agency,whichever is applicable.
• Certification/Recertification of Instructors. Costs associated with the certification and re-certification of
instructors are allowed. 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 which involve training of trainers.
EMPG Program funds used for training shall support the nationwide implementation of NIMS.The NIMS
Training Program establishes a national curriculum for NIMS and provides information on NIMS courses;
grantees are encouraged to place emphasis on the core competencies as defined in the NIMS Training
Program.The NIMS Training Program can be found at
htfp:Uwww.fema.gov/pdf/emergency/nims/nims training program.pdf
The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing
standards. The NIMS Guidelines for Credentialing can be found at
http://www.fema.gov/pdf/emergency/nims/nims cred guidelines report.pdf
D. Exercises
Exercises have essential capability for Emergency Management to be able to respond to emergencies.
All EMPG Program funded personnel are REQUIRED to participate In no less than three exercises
in a 12 month period. One real world event can count towards meeting this requirement.(see
Attachment C,#2)
Allowable exercise-related costs include:
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to
planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel,
and documentation. Grantees are encouraged to use free public space/locations/facilities, whenever
available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to
demonstrate and validate skills learned, as well as to identify any gaps in these skills.Any exercise or
exercise gaps, including those for children and individuals with disabilities or access and functional
needs, should be identified in the AAR/IP and addressed in the exercise cycle.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full-or part—time staff may be hired to
support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with
the policies of the State or unit(s)of local government and have the approval of the State or the
19
awarding agency,whichever is applicable. The services of contractors/consultants may also be
procured to support the design, development,conduct and evaluation of exercises.
• Overtime and Backlit!. The entire amount of overtime costs, including payments related to backfilling
personnel, which are the direct result of time spent on the design,development and conduct of
exercises are allowable expenses.These costs are allowed only to the extent the payment for such
services is in accordance with the policies of the State or unit(s)of local government and has the
approval of the State or the awarding agency, whichever is applicable. In no case is dual
compensation allowable.That is, an employee of a unit of government may not receive compensation
from their unit or agency of government AND from an award for a single period of time(e.g., 1:00
p.m.to 5:00 p.m.), even though such work may benefit both activities.
• Travel.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 the planning and conduct of the exercise
activities
• Supplies. Supplies are items that are expended or consumed during the course of the planning and
conduct of the exercise activities(e.g., gloves, non-sterile masks, and disposable protective
equipment)
• Implementation of HSEEP. This refers to costs related to developing and maintaining a self-
sustaining State HSEEP which is modeled after the national HSEEP
• Other Items.These costs are limited to items consumed in direct support of exercise activities such
as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the
procurement of other essential nondurable goods. Grantees are encouraged to use free public
space/locations, whenever available, prior to the rental of space/locations.Costs associated with
inclusive practices and the provision of reasonable accommodations and modifications that facilitate
full access for children and adults with disabilities.
Unauthorized exercise-related costs include:
• Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g.,
construction vehicles)and emergency response apparatus (e.g., fire trucks, ambulances). The only
vehicle costs that are reimbursable are fuel/gasoline or mileage.
• Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise
conduct(e.g.,electronic messaging signs)
• Durable and non-durable goods purchased for installation and/or use beyond the scope of exercise
conduct
If food/water is a requirement for an event, a request must be submitted no later than 25 days prior to the
event. All requests must be approved prior to the event in the following format:
Exercise Title:
Location:
Exercise Date:
Exercise Schedule:
_ Estimated Number of Participants that will be fed:
Estimated Cost for food/water:
Description of the Exercise:
E. Equipment
Allowable equipment categories for the EMPG Program are listed on the web-based version of the
Authorized Equipment List(AEL) on the Responder Knowledge Base(RKB), which is sponsored by
FEMA at http:/Jwww./lis.dhs.gov/knowledgebase. Unless otherwise stated,equipment must meet all
mandatory regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds. In
20
•
addition, counties will be responsible for obtaining and maintaining all necessary certifications and
licenses for the requested equipment.
The select allowable equipment includes equipment from the following AEL categories:
• Information Technology(Category 4)
• Cyber-Security Enhancement Equipment(Category 5)
• Interoperable Communications Equipment(Category 6)
• Detection Equipment(Category 7)
• Power Equipment(Category 10)
• Chemical, Biological, Radiological, Nuclear,and Explosive(CBRNE)Reference Materials(Category
11)
• CBRNE Incident Response Vehicles(Category 12)
• Physical Security Enhancement Equipment(Category 14)
• CBRNE Logistical Support Equipment(Category 19)
• Other Authorized Equipment(Category 21)
In addition, general purpose vehicles(such as sports utility vehicles)are allowed to be procured in order
to carry out the responsibilities of the EMPG Program. Written approval from the Director of the Division
must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In
the absence of such approval, the Division has no obligation to honor such reimbursement request. Any
trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income
and must be applied toward the Recipients Emergency Management Performance Grant(EMPG) Base
Grant expenditures. If State agencies and/or local governments have questions concerning the eligibility
of equipment not specifically addressed in the AEL,they should contact their contract manager who will
coordinate with the FEMA Regional Program Analyst for clarification.
II. Management and Administration (M&A)
M&A is a function of the"Categories and Eligible Activities" (A-E) above. These activities are defined as
directly relating to the management and administration of EMPG Program funds, such as financial
management and monitoring. It should be noted that salaries of State and local emergency managers are
not typically categorized as MBA, unless the State or local EMA chooses to assign personnel to specific
M&A activities.
Ill. Environmental and Historic Preservation (EHP)
Recipients must comply with all applicable EHP laws, regulations, and Executive Orders(EOs) in order to
request FY 2015 EMPG Program grant funds.Any project with the potential to impact natural resources
or historic properties cannot be initiated until FEMA has completed the required FEMA EHP review.
Recipients that implement projects prior to receiving EHP approval from FEMA risk de-obligation of funds.
For these types of projects, Recipients must complete the FEMA EHP Screening Form (OMB Number
1660-0115/FEMA Form 024-0-01)and submit it, with all supporting documentation to their Contract
Manager. Recipients should submit the FEMA EHP Screening Form for each project as soon as possible
upon receiving their grant award. The Screening Form must be submitted prior to funds being expended.
Refer to IBs 329, 345, and 356.
EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation
Policy Guidance, at http://www.fema.gov/media-library/assets/documents/85376.
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The following types of EMPG projects are to be submitted to FEMA for compliance review under EHP
laws and requirements prior to initiation of the project
• Any involvement with the installation of equipment,
• Ground-disturbing activities,
• New construction(installation and renovation), including communication towers, or
modification/renovation of existing buildings or structures
• Proposed construction or renovation projects that are part of larger projects funded from a non-FEMA
source(such as an EOC that is part of a larger proposed public safety complex)
• Renovation of and modification to buildings and structures that are 50 years old or older
• Any other construction or renovation efforts that change or expand the footprint of a facility or
structure including security enhancements to improve perimeter security
• Physical Security Enhancements, including but not limited to:
• Lighting
• Fencing
• Closed-circuit television (CCTV) systems
• Motion detection systems
• Barriers, doors, gates and related security enhancements
• Field based training and exercises including activities that involve ground disturbance, use of
explosives, toxic agents or otherwise have the potential to cause impact to the environment or
• historical resources. This is only a requirement if the exercise or field training is not being conducted
by a certified professional or at an existing facility with established procedures.
• Communication tower projects
The following activities do not require the submission of the FEMA EHP Screening Form: planning and
development of policies or processes; management and administration;classroom-based training;table
top exercises and functional exercises; and, acquisition of mobile and portable equipment(no
installation).
All recipients of financial assistance will comply with the requirements of the NEPA,as amended,42
U.S.C. §4331 et seq.,which establishes national policy goals and procedures to protect and enhance the
environment, including protection against natural disasters. To comply with NEPA for its grant-supported
activities, OHS requires the environmental aspects of construction grants(and certain non-construction
projects as specified by the component and awarding office)to be reviewed and evaluated before final
action on the application.
For more information on FEMA's EHP requirements, see Informational Bulletins below"
• Information Bulletin 329, Environmental Planning and Historic Preservation Requirements for Grants,
available at htto://www.femaffovffidUctovernmenVorant/bulletins/info329.odf;
• Information Bulletin 345, Programmatic Environmental Assessment, available at
http://www.fema.gov/pdf/govemmenUgrant/bulletins/info345.odf; and
Information Bulletin 356, EHP Screening Form, available at
http://www.femagov/pdf/government/gra nt/bu Iletins/info356.pdf.
IV. Construction and Renovation
Construction and renovation activities for a local government's EOC as defined by the SAA are allowable
under the EMPG Program.
22
Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction
or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by
an EOC Investment Justification (FEMA Form 089-0-0-3; OMB Control Number; 1660-0124
(http://www.fema.gov/pdf/government/granti2011/fyi l_eoc_inv.pdt)to their Grant Program Manager for
review.Additionally, grantees are required to submit a SF-424C Budget and Budget detail citing the
project costs.
When applying for funds to construct communication towers, grantees and sub-grantees must submit
evidence that the FCC's Section 106 review process has been completed and submit all documentation
resulting from that review to GPD prior to submitting materials for EHP review. Grantees and sub-
grantees are also encouraged to have completed as many steps as possible for a successful EHP review
in support of their proposal for funding (e.g.,coordination with their State Historic Preservation Office to
identify potential historic preservation issues and to discuss the potential for project effects,compliance
with all State and EHP laws and requirements). Projects for which the grantee believes an Environmental
Assessment(EA) may be needed, as defined in 44 CFR 10.8 and 10.9, must also be identified to the
FEMA Program Analyst within six months of the award and completed EHP review materials must be
submitted no later than 12 months before the end of the period of performance. EHP review packets
should be sent to ondehoinfo(&fema.gov.
EMPG Program grantees using funds for construction projects must comply with the Davis-Bacon Act(40
U.S.C. 3141 et seq.). Grant recipients must ensure that their contractors or subcontractors for
construction projects pay workers employed directly at the work-site no less than the prevailing wages
and fringe benefits paid on projects of a similar character.Additional information, including Department of
Labor(DOL)wage determinations, is available from the following website:
htte://www.dotoovicomeliance/laws/como-dbra.htm.
V. Maintenance and Sustainment
The use of FEMA preparedness grant funds for maintenance contracts,warranties, repair or replacement
costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise
noted.
EMPG Program grant funds are intended to support the Goal and fund activities and projects that build
and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to,and
recover from those threats that pose the greatest risk to the security of the Nation. In order to provide
grantees the ability to meet this objective,the policy set forth in GPD's IB 379(Guidance to State
Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding)allows for the
expansion of eligible maintenance and sustainment costs which must be in 1)direct support of existing
capabilities; (2)must be an otherwise allowable expenditure under the applicable grant program; (3) be
tied to one of the core capabilities in the five mission areas contained within the National preparedness
Goal, and(4)shareable through the Emergency Management Assistance Compact.Additionally, eligible
costs must also be in support of equipment,training, and critical resources that have previously been
purchased with either Federal grantor any other source of funding other than DHS/FEMA preparedness
grant program dollars.
Unallowable Costs
• Expenditures for weapons systems and ammunition
• Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public
safety duties or to supplant traditional public safety positions and responsibilities
23
• Activities unrelated to the completion and implementation of the EMPG Program
In general, recipients should consult with their contact manager;who will coordinate with the FEMA
Regional Program Analyst prior to making any Investment that does not clearly meet the allowable
expense criteria established in this Guidance.
24
•
Attachment C
Program Goals
The County is to achieve the following emergency management Program Goals throughout the contract
period to ensure county compliance and coordination with the state emergency management.
Items listed below are to be reviewed during the mid-year and end-of year progress report prepared in
conjunction with the Division's Regional Coordinator to ensure county compliance.
1. COORDINATION AND COLLABORATION - Utilizing the elements below, county emergency
management agencies will have an ongoing process that provides for coordinated and
collaborated input in the preparation, implementation, evaluation and revision of emergency
management programs.
• Attend the Regional Training and Exercise Planning (TEP)Workshop and provide an agenda
or a copy of the certificate to show participation during this contract period (July 1, 2015—
June 30, 2016)
2. TRAINING AND EXERCISE-To ensure that each county emergency management agency is in
compliance with EMPG Guidance, each EMPG funded position during this contract period (July
1, 2015—June 30, 2016) MUST provide the following items. This shall be uploaded to the
Division's Sharepoint portal, https://portal.floridadisaster.orq
• At least one County Emergency Management employee should participate in no less than
three(3)exercises within the 12 month Agreement period
• Submit an After Action Report(AAR)for each exercise conducted by the Recipient and/or
provide sufficient exercise documentation (i.e., sign in sheet, certificate, etc.) for participation
in each exercise not conducted by the Recipient
3, National Incident Management System(NIMS)-The Recipient will be required to complete a
NIMS survey and provide the NIMS implementation status of your jurisdiction no later than
December 1st. This survey, upon receipt, is designed to provide a self-assessment instrument
to evaluate and report on your jurisdiction's implementation of the National Incident Management
System (NIMS).
4. Multi-Year Training and Exercise Plan(MYTEP)—Recipient is required to develop a MYTEP
that identifies combination of exercises, along with associated trainings requirements, that
addresses the priorities identified in the State TEPW. The county TEP will be included in the
state submission of the MYTEP. Develop and submit no later than June 1".
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Attachment D
Deliverables
Emergency Management Performance Grants Program Guidance, FY2015 allowable costs are divided
into the following categories:organizational,planning,training,exercise,equipment,and
management and administration.
A. Organization Deliverable
Subject to the funding limitations of this Agreement,the Division shall reimburse the Recipient for actual
eligible costs associated with staffing,and other day-to-day activities(listed in SOW, under"Eligible
Items for Expenses") in support of emergency management. Personnel costs, including salary,overtime,
compensatory time off, and associated fringe benefits, are allowable costs.
To maintain a minimum level of capability, submit current EMAP accreditation certification OR certificates
for the following training via SharePoint for each emergency management position.
• IS 100—Introduction to Incident Command System
• IS 200—ICS for Single Resources and Initial Action Incidents
• IS 700—National Incident Management Systems(NIMS)
• IS 800—National Response Framework
B. Planning Deliverable
Subject to the funding limitations of this Agreement,the Division shall reimburse the Recipient for actual
cost of successfully completing planning activities consistent with guidelines contained in the 2015 EMPG
FOA. Program funds may be used to develop or enhance emergency management planning activities.
Only the approved planning activities outlined below are eligible for reimbursement, however, any other
planning activities MUST have prior approval from DEM to be eligible under this agreement. Approved
planning activities include: provide input for data collection in THIRA development; Development of an all-
hazards mitigation plan based on identified risks and hazards; Emergency Management/Operation Plans-
Communications Plans; Continuity/Administrative Plans;Whole Community engagement/planning.
Resource management planning; Evacuation planning. Pre-disaster and post-disaster Recovery planning-
F/ERO Credentialing and Validation. and MYTEP.
C. Training Deliverable
Subject to the funding limitations of this Agreement,the Division shall reimburse the Recipient for all
actual cost of successfully completing training activities consistent with guidelines contained in the 2015
EMPG FOA. Only the approved training venues outlined below are eligible for reimbursement, however,
any other training venues MUST have prior approval from DEM to be eligible under this agreement.
Approved training venues are: Florida Governor's Hurricane Conference; National Hurricane Conference'
Florida Emergency Preparedness Association Annual Meeting; Florida Emergency Preparedness
Association Mid Year Work Session;and Professional Development Conferences.
D. Exercises Deliverable
Subject to the funding limitations of this Agreement,the Division shall reimburse the Recipient for the
actual cost of successfully completing exercise activities consistent with guidelines contained in the 2015
EMPG FOA. Only exercises outlined in the County MYTEP are eligible for reimbursement; any other
exercise MUST have prior approval from DEM to be eligible under this agreement.
26
E. Equipment Deliverable
Subject to the funding limitations of this Agreement,the Division shall reimburse the Recipient for actual
cost of purchasing an item identified on the Authorized Equipment List(AEL) list from the selected
categories below. Allowable equipment categories for the EMPG Program are listed on the web-based
version of the AEL on the Responder Knowledge Base(RKB),which is sponsored by FEMA at
http.//www.11is.dhs.pov/knowledoebase. Unless otherwise stated, equipment must meet all mandatory,
regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds. In addition,
counties will be responsible for obtaining and maintaining all necessary certifications and licenses for the
requested equipment.
Financial Consequence
To receive reimbursement for performance of each category,the Recipient's activities must be
completed within the agreement period and in accordance with the Budget and Scope of Work,
Attachment A and B of the Agreement. In the event that the Recipient does NOT complete the
activities,the Division will withhold 5% of the amount requested in the Quarterly Financial Report.
27
Attachment E
Reports
A. Recipient shall provide the Division with quarterly financial reports, mid-year and end-of-year
summary progress reports prepared in conjunction with the Division's Regional Coordinator,and
a final close-out report. Reporting Forms are located in Attachment K and can be found on the
Division Internet site.
B. The Recipient shall provide the Division with full support documentation (per information
bulletin#341)for the quarterly financial reports. To eliminate large files and mailings,the
Division will accept back up documentation on a CD if desired by the Recipient.
(Backup Documentation should reflect the amount requested on the Expenses Detail of Claims
form.)
• Organizational Activities: Includes salaries and expenses (depending upon eligibility).
Supply copies of timesheets(if applicable)documenting hours worked and proof employee
was paid(i.e., earning statements/payroll registries). Expense items need to have copies of
invoices/receipts and canceled checks(or general ledger)for proof of payment.All
documentation for reimbursement MUST include exact amounts and MUST be clearly visible
and defined (i.e., highlighted, underlined, circled&/or individually identified on a
spreadsheet).
• Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks (or general
ledger)for proof of payment. May also request copies of planning materials and work
products(i.e., meeting documents,copies of completed plans(if submission of plans is for
the Division then only need to provide date of submission and who submitted plan/product
to), etc.). Any costs for planning activities provided by in-house staff MUST be reported
under"Organizational Activities".
• Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks (or general
ledger)for proof of payment and a copy of the agenda and sign in rosters. May also request
any training materials provided.
• Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks(or general
ledger)for proof of payment and a copy of the agenda and sign in rosters. May also request
any training materials provided.
• Equipment Acquisition Costs: Copies of Invoices/receipts and canceled checks(or general
ledger)for proof of payment. AEL#for each purchase(if applicable).
• Management and Administrative Costs: Supply copies of timesheets documenting hours
worked and proof employee was paid (i.e., eaming statements/payroll registries).
• For travel and conferences related to EMPG activities, copies of all receipts must be
submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.)
Receipts must be itemized and match the dates of travelconference. If conference, a copy of
the agenda must be provided. Proof of payment is also required for all travel and
conferences.
• If cancelled checks are NOT available, copies of the general ledger MUST be provided.
28
C. Quarterly financial reports are due to the Division no later than thirty days after the end of each
quarter of the program year; and shall continue to be submitted each quarter until submission of
the final close-out report. The ending dates for each quarter of this program year are September
30, December 31, March 31 and June 30.
D. The Staffing Detail and Exercise Detail Form(Form 3) is due with your quarterly financial
report each quarter. This form identifies EMPG funded employees,the required training
completed(or working towards completion),and the required amount of exercises during
the agreement period.
E. The final close-out report is due sixty days after termination of this Agreement.
F. If all required reports prescribed above are not provided to the Division or are not completed in a
manner acceptable to the Division, the Division shall withhold further payments until they are
completed or may take such other action as set forth in Paragraphs(10), (11)and (12)of this
Agreement. "Acceptable to the Division"means that the work product was completed in
accordance with generally accepted principles, guidelines and applicable law, and is consistent
with the Scope of Work.
G. Mid-Year and End-of-Year summary progress reports are to be scheduled and reviewed by the
Division's Regional Coordinator and submitted to the contract manager.
29
Attachment F
Program Statutes, Regulations and Special Conditions
1) 53 Federal Register 8034
2) 31 U.S.C. §1352
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR Part 66, Common rule
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC 470),
Executive Order 11593
9) Archeological and Historical Preservation Act of 1966(16 USC 569a-1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR Part 42, Subparts C,D,E, and G
13) 28 CFR applicable to grants and cooperative agreements
14) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
15) 42 USC 3789(d), or Victims of Crime Act(as appropriate);
16) Title VI of the Civil Rights Act of 1964, as amended;
17) Section 504 of the Rehabilitation Act of 1973, as amended;
18) Subtitle A,Title II of the Americans with Disabilities Act(ADA) (1990);
19) Title IX of the Education Amendments of 1972;
20) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
22) Chapter 252, Florida Statutes
23) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
24) 44 CFR, Part 302
25) 48 CFR, Part 31
26) 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
27) To the extent that 2 C.F.R. Part 200 supersedes any provision outlined above, 2 C.F.R. Part 200
shall apply
Special Conditions
1. The Recipient 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 Governments
• 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
30
B. Cost Principles
• 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
• Federal Acquisition Regulations(FAR), Part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations
C.Audit Requirements
• 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
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 uses of funds under this grant will be in accordance
with the FY 2015 Emergency Management Performance Grants Funding Opportunity
Announcement.
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.
•
31
Attachment G
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance,indicate same by checking the box below.
[ I ADVANCE REQUESTED
Advance payment of$ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff,award benefits to clients,duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance,complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20=20 Anticipated Expenditures for First Three Months of
(list applicable line items) Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item,provide a detailed justification explaining the need for
the cash advance. The justification must include supporting documentation that clearly shows the advance
will be expended within the first ninety(90)days of the contract term. Support documentation should
include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the Division
reasonable and necessary support that the advance will be expended within the first ninety(90)days of the
contract term. Any advance funds not expended within the first ninety(90)days of the contract term shall be
returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee,Florida 32399, within thirty
(30)days of receipt,along with any interest earned on the advance)
32
Attachment H
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment.Whenever
appropriate,financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition.The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage,contractors that develop or draft specifications,
requirements, statements of work, 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 Recipients interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct goveming 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
33
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business,with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
34
Attachment I
Certification Regarding
Debarment,Suspension, Ineligibility
And,Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document,that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
35
Attachment J
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including 2 C.F.R. Part 200; 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(PI. 91-646)which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General,through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements,and other administrative requirements.
7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
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.
36
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.
10. It will comply, and assure the compliance of all its subgrantees and contractors,with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968,as amended,the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate;the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars,or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18,Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply,with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended,42 USC 3789(d), or Victims of Crime
Act(as appropriate);Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act(ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex,or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for$500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act(P.L. 97-348)dated October 19,
1982 (16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F,for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
37
Attachment K
Reporting Forms
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM- BASE GRANT
Quarterly Financial Report(Form 1):
1. These reports must be completed in full on a quarterly basis and be submitted no later than 30 days after the end of each quarter.
QUARTERLY FINANCIAL REPORTS MUST BE SUBMITTED ON A QUARTERLY BASIS EVEN IF YOU ARE NOT CLAIMING ANY
EXPENDITURES.
Quarterly Financial Report(Form 1)and Detail of Claims(Form 2):
1. These forms are to be submitted quarterly. Complete Quarterly Financial Report by entering all information needed for reimbursement.
2. The Detail of Claims form must accompany the Quarterly Financial Report.
3. The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority.
4. Claims are to be submitted to the following address:
DIVISION OF EMERGENCY MANAGEMENT
2555 SHUMARD OAK BOULEVARD
TALLAHASSEE, FLORIDA 32399-2100
Attn: (Contract Manager's name)
Staffing Detail and Exercise Detail-(Form 3):
1. The Staffing Detail and Exercise Detail Form is due every quarter with your quarterly financial report. This is to identify all EMPG funded
employees,the required training completed by those employees and the required amount of exercises that the EMPG funded employee has to
participate in each quarter.
2015 EMPG-FUNDING OPPORTUNITY ANNOUNCEMENT(FOA)
2. All EMPG funded personnel shall participate in three exercises of any type(e.g.Drills,Tabletop Exercises.Functional),within a 12-month period.
Please note that response to any real-world events within a 12-month period may fulfill a single,quarterly exercise requirement.
3. Target Training and Verify Capability of Personnel.Training activities supported with EMPG Program funds should strategically align to the NPG
core capabilities identified in the Multi-Year TEP.To ensure the development of a professional emergency management workforce all EMPG
Program funded personnel shall complete the following training requirements and record proof of completion.
NIMS Training:IS 100;IS 200;IS 700;and IS 800.Previous versions of the IS courses meet the NIMS training requirement.A complete list of
Independent Study Program Courses may be found at http:/kraining.fema.gov/is.
Close Out Report-(Form 4):
1, Close Out Reports are due forty-five(45)days after the contract end date.
2. The agreement cannot be considered closed until the Close Out Report has been received.
Documentation of project expenditures:
1. Grantees must maintain documentation of expenditures for a minimum period of five years following the close of project/program operations
unless audits require a longer period of time.
2. Grantees should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the grantee
during the grant period. Documentation of expenditures against the program will be reviewed and verified upon receipt by DEM staff. Acceptable
documentation includes copies of purchase orders and paid vouchers,paid invoices or cancelled checks,payroll vouchers,journal transfers.etc.
These documents should be submitted when requesting reimbursement.
3. In order to document hours worked on the program by permanent or temporary staff,the grantee may use its own time and attendance forms. A
Staffing Detail Wortcsheet is also required to identity positions being funded by the agreement.
4. All claims for reimbursement of expenditures must be submitted on the approved DEM Quarterly Financial Reporting forms. Claims not submitted
on the proper for cannot be processed and will be returned for corrections. Forms must be submitted with original signatures.
IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY,PLEASE FIND THEM ON OUR WEBSITE AT
http://www.Roridadisaster.org/granbindex.httn OR NOTIFY YOUR CONTRACT MANAGER
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT
QUARTERLY FINANCIAL REPORT
FORM 1
GRANTEE: Claim#
County Name: _
Address: (Select the quarter of submission)
QUARTERLY REPORTING DUE DATES
July 1 -September 30-Due no later than October 31
Point of Contact: October 1-December 31-Due no later than January 31
Telephone#: January 1-March 31-Due no later than April 30
AGREEMENT# April 1-June 30-Due no later than July 31
.1111111111.
THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY .
CUMULATIVE TOTAL ALLOCATED CURRENT CLAIM REMAINING BALANCE
1. Organizational Costs
2. Planning Costs
3. Training Costs
4. Exercise Costs
5. Equipment Costs
6. Management and Administration Costs
(limited to 5%of the total award)
TOTAL $0.00 50.00
TOTAL AMOUNT TO BE PAID ON THIS INVOICE
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Signed:
Grantee Contract Manager or Financial Officer Date
- •" QUARTERLYSTATUS REPORT
This information below is required EACH QUARTER. This information MUST be clearly linked
to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK.
Report event,progress,delays.etc.,that pertain to this project(i.e, incidents,activities,meetings, reporting training and/or exercises)
(Attach additional page(s)if needed.)
THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT
Total EMPG (Federal)Amount
Prior Payments
This Payment
Unexpended Funds
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Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee,Florida 32399-2100
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM -BASE GRANT
CLOSE-OUT REPORT
FORM 4
This form should be completed and submitted to the Division no later than forty-five(45)days after the termination date of
the Agreement.
Grantee Agreement No.
Address Agreement Amount
City and State Agreement Period
Payments Received Under this Agreement
(Include any advanced funds and final requested payment)
by Lalegory-t otal com2tl
Cost Categories Expenditures Date Amount
1.Organizational Activities
2.Planning Activities
2
3.Training Costs
3
4.Exercise Costs
4
5.Equipment Acquisition Costs
5
s.Management and -
Administration Costs 6
Total
50.00 Total 7 WOO
Agreement Amount
Minus Total Payments
(Including final requested funds—Line 7)
Unspent balance
Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-federal funds. NOTE: If the
amount entered below is NOT EMPA,provide appropriate back-up/supporting documentation.
MATCH EMPA LOCAL OTHER NON-FEDERAL
Refund andlar final interest checks are due no later than ninety(90)days after the expiration of the Agreement.
Make checks payable to:
Cashier,Division of Emergency Management
I hereby certify that the above costs are true and valid costs incurred In
accordance with this Agreement.
Mail To:
Division of Emergency Management Signed
2555 Shumard Oak Boulevard Grantee Contract Manager or Financial Officer
Tallahassee,Florida 32399-2100
Attn: (contract manager) Date •