Item C08BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM StTMMARY
Meeting ate: January 19, 2011 Division: Emgrggn -Services
Bulk Item: Yes X No Department:......Emergency Manaae nt _
Staff Contact Person/Phone Jose Te a os 3 -289- 32
AGENDA M WORDING: Approval of a Florida Division of Emergency Management (FDEM)
Federafly-Funded Subgrant Agreement 11 D S - Z-11 -•- 1 in the amount of $ 8,5 00. 00, no county match
required; and a t or ation for the Counter Administrator to execute any other required documentation in
relation to the application process.
ITEM BACKGROUND: In accordance with provisions of Federal Fiscal Year 20 10 Homeland
Security Grant Program S SA- , FDEM has awarded Monroe County an Agreement which outlines
condition to provide ICS tram .g and WebEOC plug in to the EM Constellation state software.
PREVIOUS RELEVANT BOA ACTION: Award Letter 201-SS-TO-0092 was approved by the
CC on the December 15, 2010 meeting. �-
CONTRACT/AGREEMENT CHANGES: None
STD" RECOMMENDATIONS It is appropfiate to accept this FDEM Grant Agreement. .t. revenue
cost centeris requested of OMM.
TOTAL COST: 82500.00 INDIRECT COST: BUDGETED: Yes No x
IFFLREITL L OF LOCAL PREFERENCE: N/A
COST TO COUNTY.* $ 0.00 SOURCE OF FUNDS: Grant
REVENUEPRODUCING: Yes X No AMOUNT PLR MONK Year
APPROVED BY: County Atty OMB/Purchasing X Risk Management X
or
DOCUMENTATION: Included X Not Required
DISPOSITION. AGENDA M
Revised 79
MONROE COUNTY BOARD OF COUNTY C NMUSSI NERS
CONTRACT SUMMARY
Contract with: State of Florida DEM Contract #1IDS Z-11-5 - 1
Effective Date: October 1, 2010
Expiration Date: Aril 30, 2013
Contract Purpo e escr'ption:
Lkpproval of a Florida Division of Emerge c Ma a ement (FDEM) Federally -funded
ant Ageement 11 S- Z-11- - 1 in the amount of $ 81P 5 00. 00,, no county match re aired;
and aut oration for the County Administrator to execute Ln other required documentation in
gelation to the application process. A revenue cost center is requested of OM[B
Contract Manager: Jose Tezanos 6325 1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on Jan 19, 2011 enda Deadline: Jan 4, 201
CONTRACT COST
Total Dollar Value of Contract: $ 87500.00 Current Year Portion: 81P500.00
Budgeted` Yeso No Z Account Codes:GE- �7--
Grant: $ 85500.00
-
wrwwwwww��
County Match: $ 0
ADDITIONAL COSTS
Estimated Ongoing Costs: $ yr For:
(Not included in dour value aloe) (eg. maintenance, utilities, janitorial salaries, etc.
CONTRACT REVEEW
Changes Date Out
Date 1n Needed IeR ewer
Division Director &-lc Yes❑ No- 14.
Risk Management YesEl No * ti
r
O.M.B./Purcha�ing Yes❑ No[f Ali f a a� /Z)
Q�,
County Attorney 17'70' 10 Yeses No[:g/
Comments:
OMB Form Revised 2 277 I MCP
Contract N umber. 11 DS- Z-11- - 1-
CFDA Number: 97.067
FEDERALLY -FUNDED SUBGR ► `i` 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 Counter
Emergency Management, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has rece ved these g rant f urn d s from the State of Florida, and has the authority to
ub rant these funds to the Recipient upon the terms and condition s below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin October 1, 2010 and shall end April 30, 2013, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. . .
(4) MODIFICATION OF CONTRACT
Either party mar request im od if icati on of the p rov is ion s of this Ag reement. 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.
RBCRDFEPIIG
a applicable, Recipient's performance under this Agreement shell be subject to the
federal OMB Circular No. A-10, Common Rule: Uniform Administrative Requirements for State and
Local Government " or 0 M B Circular N o. -1101 ' Grants and Ag reem e nts with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A- 7, "Cast
Principles for State and Local Governments," OMB Circular No. A- 1, "cost Principles for Educational
Institutions," or OMB Circular No. A-1 , "Cost Principles for Nonprofit Organizations." If this Agreement
I
is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
{b) The Recipient shall retain sufficient records to shover 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 alloy 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 therm 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 Iitigation, c Ilrn 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.
. Records for the disposition of non -expendable personal property valued at
2 000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
-
the closing on the transfer of title.
c The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work - Attachment A - and all other applicable laws and regulations.
d The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Areernent, shall al low access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business
hours of : o a.m. to ; 0 p.m., local time, on Monday through Friday. "Agents" shall include, but net be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
b These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Department or the Division, 'Reasonable" shall
ordinarily mean normal business hours of : 0 a.m. to 5:00 p.m., local time, Monday through Friday.
c The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and rnonitorin g the funds aarded under this
Agreement.
0)
(d) If the Recipient is a State or local government or anon -profit organization as defined
in OM B Circular A-1 33, as reprised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single er pr gram -specific audit conducted in
accordance with the provisions of OMB Circular A-133, as reprised. EXHIBIT 1 to this Agreement shovers
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards ex pended in its fiscal year, the Recipient shall consider a[I so u rces of Federal awards, in luding
Federal resources received from the Division. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A- 133, a
reprised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-13 , as reprised, will meet the requ irern ents of this paragraph.
In connection with the audit requirements addressed in this Paragraph d above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular - 1331
as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the �-
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provi sion s of 0 M B Circular A-13 3 , as reprised, the cost of
the audit must be paid from non -Federal funds.
Send copies of reporting packages for audits conducted in accordance with OMB
Circular -13 , as reprised, and required by subparagraph d above, when required by Section . d
OMB Circular A-13 , as reprised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 2 -21 t .
[also send an electronic copy to aurllla.parrl @ oa. tate.fl.0 ]
and
Division of Emergency Management
Finance and Administration
2555 Shurnard Oak Boulevard
Tallahassee, Florida 9#1
Bead the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by
submission online at
hftp:flharve ter. en u s.goer/fiat sIl t 1del nd ex. htm,I
And to any other Federal agencies and pass -through entities in accordance with Sections .3 and f,
OMB Circular -1 33, as revised.
(f) Pursuant to Section .3 f , OM B Circular A-133, as revised, the recipient shall send
a copy of the reporting package described in Section .320 , 0 M B Circular A-13 3, as revised, and any
management letter issued by the auditor, to the Division at the following addresses:
Department of Corn munity Affairs
Off ice of Audit Services
2555 Shurnard Oak Boulevard
Tallahassee, Florida -10
[also send an electronic copy to auriIIa.parrlsh@d ca.state.f1.us]
and
Division of Emergency Management
Finance and Administration
2555 Shurnard Oak Boulevard
Tallahassee, Florida32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreernent in accordance with 0 M B Circular A-1 31
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
MB Circular A-1 3 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 ement to
the Division of al funds net spent in accordance with these applicable regulations and Agreernent
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 - p u b I ic accountant I i ce ns ed 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.
( REPORTS
aThe 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 ecpend itre of funds under
this Agreement, in addition to any other information requested by the Division.
0
bQuarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not competed 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.
E.
(f) The Recipient shall provide additional reports and information identified in Attachment
3 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 Attach rnent A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph above, monitoring
procedures may include, but not be limited to,on-site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division or the
Department determines that a limited scope audit of the Recipient is appropriate, the recipient agrees to
comply with any additional instructions provided by the Division or the Department to the Recipient
regarding such audit. The recipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the h=lorida Chief Financial Officer or Auditor
General. In addition, the Division will monitor the performance and financial management by the
Red throughout the contract terra to en s. ure timely completion of al tasks.
LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
tat., and 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 clans 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 Billy 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 warier 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 mare
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming Iiable 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 Deep 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 tern 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.
( If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those -thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement: provided that the Recipient i s given at Ieast thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class nail, postage prepaid, by registered or certified rnaiI-return receipt requested, to the address in
paragraph herein;
Agreement;
(b) Begin an appropriate legal or equitable action to enforce performance of this
(o) Withhold or suspend payment of all or any part of a request for payment;
0
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.
law.
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,
. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
. 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 maybe available under
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies ies 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.
(1 TERMINATION.
I .
a The Division may terminate this Agreernent 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, I=Ia. Stat., as amend d.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar day'day's prior written notice.
The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment ent 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 enact amount of
damages due the Division from the Recipient is determined.
7
(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 be] ow, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract rrtanage r for this Agreement is:
Carolyn Washington, Community Assistance Consultant
Division of Emergency Management
2555 Shurnard Oak boulevard
Tallahassee, Florida 9-1
Telephone: 1 -1 1
Fax: o) 488-7842
Email: carolyn.washington@em.myflorida.com
c The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Irene Toner Director
g 3 Street Suite 150
Marathon, Florida
Telephone:305-289-6325
Fax: --3
Email: toner-irene@monroecounty-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
1,I1Jill be provided as outlined in 1 a above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that i the subcontractor is bound by
the terms of this Agreement, ii the subcontractor is bound by all applicable state and federal lavers and
regulations, and iii the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever natuxre arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by lair. 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
rhether that subcontractor is a minority vendor, as defined in Section .0, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
Al attach rnents to this Agreement are incorporated as if set out fully.
No
b In the event of any inconsistencies or confIi t b etween the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the eonf Iict or inconsistency.
( This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B — Program Statutes, Regulations and Special Conditions
Attachment C — Justification of Advance
Attachment D - Reimbursement Cheek List
Attachment E— Warranties s and Representations
Attachment F — Certification Regarding Debarment
Attachment G — Statement of Assurances
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 $8,500
subject to the availability of funds. Attachment D specifies the required documentation needed when
submitting reimbursement under this agreement.
(b) Any advance pa m,ent under this Agreement is subject to Section 216.181 (16),
Fla.Stat , and is contingent upon the approval of the Division and the Recipient's acceptance of the rights
of the Division under Paragraph 1 b of this Agreement. The amount which may be advanced shall
not exceed the expected cash needs of the Recipient within the initial three months of the contract terra.
For a federally funded contract, any advance paym ent is also subject to federal 0 M B Circulars A- , A-
11 , A- 122 and the Cash Man ent Iprove ment Act of 1990. In accordance with applicable 0 MB
Circulars, interest earned must be remitted to the Division either annually or quarterly based on the year
of the grant award. If an advance payment is requested, the budget data on which the request is based
and a justification statement shall be included in this Agreement as Attachment C. Attachment C wiII
specify the amount of advance payment needed and provide an explanation of the necessity for the
advance payment. ent. In addition to Attachment C, Recipients must also submit invoices, purchase orders,
timesheets and other substantiating documentation for the advance payment to be considered.
(c) After the initial advance, if any, pa rnent shall be rnade on a reirnbursern ent
Basis as needed. The Recipient agrees to expend funds in accordance Frith the Budget and Scope of
Work, Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph 19h of this Agreement, all obligations on the part of the Division to male any
9
further payment of funds shall terminate, and the Recipient ipient shall submit its closeout report within thirty
days of receiving notice from the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Department of Community Affairs' and mailed directly to the following address:
Department of Community Affairs
Cashier
Fiscal Management
2555 Shurnard Oak Boulevard
Tallahassee FL -2100
In accordance with Section 1 .3 , 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 % of the face amount of the
returned check or draft, whichever is greater.
1 MANDATED CONDITIONS
The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Re ipient i n 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 b
reference. Additional special conditions are listed on Attachment B. The inaccuracy of the submissions
or any material charges 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 lavers 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, them the provision
shall be null and void to the extent of the conflict# and shall be severable, but shall not invalid- to any other
prevision of this Agreement.
c Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the terra of this Agreement.
(d) This Agreement maybe 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 W Ith Disabilities Act (Public
Law 1 1-3, 42 U.S.C. Section 12101 et_ s, which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
{f) Those who have been placed on the convicted vendor list following a conviction
for a public entity crime or on the dis riminator vendor list may not submit a bid on a contract to provide
any goods or services to a public entity, m ay 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
e ccess of , 000. 00 for a period of 36 rnonths frorn the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
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;
. have not, with1n a five -gear period preceding this proposal been con vited of
or had a civil judgment rendered against them for fraud or a criiminal 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;
. 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
1 92, of this certification; and
. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, slate or local) terminated for cause or default.
If the recipient is unable to certify to any of the stat rnents 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
Exc fusion" (Attac hrn nt F for each intended subcontractor whic h 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 Stale 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 ire
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 pstaudit thereof.
(j) Any biiIs for travel expenses shalI be submitted in accordance with Section 11 .0 17
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.
11
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to al 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 ingest 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 ern pIoy unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 13 a e [Section A of the Immigration and Nationality Act
CINX)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section A e of the II A 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
.11, Fla. Stat.) with respect to the meetings of the recipient's governing board or the meetings of
any subcommittee making ing 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 rust have been produced in the United States as required
under 41 U. S.C. 1 Oa, unless it would not be in the public interest or unreasonable in cost.
(20)
LOBBYING ING 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 pf 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, am en d m ent or modification of any Federal contract, grant, loan or cooperative
agreement.
. 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
lernber of Congress, an officer or employee of Congress, or an ernployee of a Member of Congress in
12
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
. The Recipient shall require that this certification be included in the award
documents for all subrard s (including subcontracts, sub grants, and contracts under grants, loans, and
cooperativeagreements) and that all subre ipients 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
miring 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.
1 C P I HT,...PATENT AND TRADEMARK
K
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE of THIS AGREEMENT ARE HEREBY RESERVED To THE STATE of FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT To THE STATE of
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
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 wary connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination tion whether the State of Floridan will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the. State of
Florida.
Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will Indicate that no such property
exists. The Division shall then, under Paragraph b , have the right to all patents and copyrights which
accrue during performance of the Agreement.
( LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that it's 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 bird
Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment G .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT: T: NR E COUNTY EMERGENCY MANAGEMENT
By.
Name and title:
Date:
I## 9-909-749
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By.
Name and Title; David Halstead, Director
Date:
4
MON50E COUNTY ATTORNEY
Ai7PROVED AS Tig FORM:
YhJTHlA L. HALL
ASSfS ANT COUNTY ATTORNEY
Date — o�.�o � Flo
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE- ff the resources awarded to the Recipient are from more than on a Federal program, provide the
same information shown .below for each Federal program and show total Federal resources awarded.
Federal Program
SHSP
Federal agency: Department of Homeland Security - State Homeland Security Grant Program
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount.- $8,500
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
NO T - if the resources awarded to the Recl lent 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 the following eligible activities as identified in the United
States Department of Homeland Security, Federal Emergency Management Agency, National
nal
15
Preparedness Directorate Fiscal Year 2009-10 State Homeland Security Grant Program
SHSGP , consistent with the Department of Homeland Security State Strategy.
. Recipient is subject to all administrative and financial requirements as set forth in this Agreement,
r will be in violation of the terms of the Agreement.
N OT : Section . d f 0 M B Circular A-1 , as rev ised# and Section 21 • a , Florida Staturt s,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
DO
Attachment
Budget and Scope of Work
Proposed Program Budget
Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the
„Proposed Program Budget" as a g aide for completing the "Bitdget Detail Works beIow.
The equipment category will require a ".detailed Budget or sheet" including the proposed equipment to be purchased and the
c otTes ponding Authori zed Equipment List EL) reference numben The AEL can be Found at www.rkb.us.
14 The transfer of funds between the categories listed in the "Proposed Program Budget" is permitted. However, the transfer of Funds
between Issues Is strictly prohibited.
However, at the discretion of the l eeipiem, Funds allocated to Management and Administration costs (as described in the "Proposed
Program Budget" may be put towards Programmatic costs instead. However, no more than 3 % of each F cipients' total awaixf may
be expended on Management and Administration costs.
FY 2010 - State Homeland Security Monroe County
Grant Program -- Issue 10
Issue 10 , Delivery of Position ICS Training 1 $4,000.00
Issue 10 —Web IOC 1 $4,500.00
Management and Administration
(the dollar amount which corresponds to 3 % of
the total local agency allocation is shown in the
column on the right).
7
BudgetDetail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as described in the
"Proposed Program Budget"'.
If any changes need to be made to the "'Budget Detail Wort sheet", akter the execution of this agreement, contact the grant manager listed in this
agreement via email or letter.
Developing haardlthreat-specifie annexes that incorporate the range of
prevention, protection, response, and recovery activities
Developing and implementing homeland security support programs and
adopting ongoing DHS national initiatives
Developing related terrorism prevention activities
Developing and enhancing plans and protocols
Developing or conducting assessments
Hiring of full or part-time staff or contr ctorsk ons uItants to assist with _
planning activities (not for the purpose of hiring public safety personnel 1 4500 4500
fulfilling traditional public safety duties)
Conferences to facilitate planning activities
Materials required to conduct planning activities
Travel/per diem related to planning activities
Overtime and backfiII costs in accordance with operational Cost Guidance)
Dther projects areas with prior approval from FEMA
Issuance of WHTI-compliant tribal identification carols (HSGP only)
Overtime and backfill for emergency preparedness and response personnel
attending M -sponsored and approved training classes.
Overtime and bac fill expenses for part timr, and volunteer emergency
response personnel participating in FEMA training.
'raining Workshops and Conferences
Full or Part -Time Staff or Contractors/Consultants 1 1 1 4000 1 400
Travel
Supplies
Tuition for higher education
Other items
complete list of FEMA approved courses may be found at www.o1p.usdoj.govlFE MAldocs/Eli2ible Federal. Courses. pd
1
Kola=
{�
€i�� {.°�,;.M1y.M1{M1.:�.
y�
?:�`:�7����:;xM1i�++Vy.ti .i�.+t�:��.�+�{�t.?:?y'M1"M1x
Hiring of full-time or part-time staff or contractors/consultants.
A- To assist with the management of the respective grant program
To assist with appIication requjrem ents of the grant program
. To assist with the compliancy with reporting and data collection as
it may relate to the grant program
Development of operating plans for information collection and processing
necessary to respond to DHS/ODP data calls.
Overtime and baci ill costs — Overtime expenses are defined as the result of
personnel who worked over and above them.- normal scheduled daily or weekly
worked tine in the performance of FF M A — approved activities. BackfiII Costs
also called "Overtime as Backf'ill" are defined as expenses from the result of
personnel who are working overtime in order to perform the duties of other
personnel who are temporarily assigned to FE A — approved activities outside
their core responsibilities. Neither overt iuze nor bacicfi11 ex pens es are the result
of an increase of Full — Time Equivalent F s employees. These costs are
allowed only to the extent the payment for such services is in accordance with
the policies of the state or unit(s) of local government and has the approval of
the state or the awarding agency, whichever is applicable. In no case i 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 .g., t:00 pm to : 0 pm), even though such
wort may benefit both activities. Fringe benefits on ovellime hours are limited
to Federal Insurance Contributions Act (FICA.), Wofkers' Compensation and
�.
Unem to meat Comeensation.
Travel expenses
Meeting -related expense (For a complete list of allowable meeting -related
expenses, please review the OJP Financial Guide at
http://www.ojp.tisdoj.o,ov/FinGtiide).
Acquisition of authorized office equipment, including personal computers,
laptop computers, painters, LD projectors, and other equipment or software
which may be required to support the implementation of the homeland security
strategy.
The following are allowable only within the contract period:
Recurring fees/charges associated with certain equipment, such as cell
phones, faxes, etc,
. Leasing and/or renting of space for newly hired personnel to administer
programs within the grant program.
TOTAL
8500
19
B. Scope of Work
Funding is provided I perlorrn eligible activities as identillied in the Domestic Homeland S ec urity - Fed raI Emergen cy Management g n u
National Preparedness Directorate Fiscal Year 20 10 State HotmeIand Security Gnant Program HS G P , consistent with the l epartment of
Homeland Security State Strategy, Eligible activities are outlined in the Scope of Work for each category below:
Issue and Project Description
Issue 10 - Local Planning, Training, and Exercises: The project provides domestic security-relatedlall-hazards and all -discipline
funding support to Florida's 67 counties for punning, training and exercise projects. Each county chose an existing gap from a list of
specific plans, NIMS-co mpliant training or exercises.
H. Categories and Eligible Activities
FY2010 allowable costs are divided into the Following categories: planning, training, management and administration cost are
allowable cost, Each category's atIowahie costs have been fisted in the "budget Detail Works heet" above.
. Planning
Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, response, and recovery
activities.
Developing and implementing homeland security support programs and adopting DHS national initiatives including but not
limited to the following;
• Implementing the Nafional Piepa edness Guidelines
• Pre -event recovery planning
• Implementing the National Infrastnrc twe Protection Plan and associated Sector Specific Plains
• Enh anc ing and i nip leme at ing Statewide Communi ation Interopera bi I i ty Plans S C 1P and Tactical Interoperable
o ni m un icat ion s Plans (T IC P) that align with the goals, objectives, and initiatives of the Na Enterg ency
Communications Plan P
• Costs associated with the adoption, implementation, and adherence to N I S compliance acquirements, including
irnplernenting the DIMS National Credentialing Framework
a Modifying existing inc ident man aement and EOPs to ensure proper alignment with the N R F coordinating strictures,
processes, and protocols
• Establishing or enhancing mutual aid agreements
• Developing communications and interoperability protocols and solutions
• onducting Ioca1, regional, and tribal pro rare implementation meetings
• Developing or updating resource inventory assets in accordance to taped resource defiEritions issued by the N IMS
ln.tecriation Center I
• Designing State and local geos pat ial data systems
Conducting public education and outreach campaigns, including promoting individual, fancily, and business a m ergency
preparedness; alerts and warnings education; and evacuation plans as well as CBRNE prevention awareness
• Preparing materials for State Preparedness Reports SP s
• VHTI implementation activities including the issuance of WHTI-conip liant tribal identification cards i
.Developing related terrorism prevention activities including:
• Developing law enforcement prevention activities, to include establishing anchor enhancing a fusion center
• Hiring an IT specialist to plan, develop, and implement the IT applications necessary for a fusion center
• Developing and planning for informationlinteIIigence sharing, groups
• Hiring contractors and consultants to make reco mendations on the development of capabilities at State and Major Urban
Area fusion centers; such centers should be designed in support of the analytic and other baseline capabilities as outlined in
the Global J us t i c e Information Sharing Initiative's GIoba1 Baseline Capobilities af- Sia te and Major Ui-ban Area Fusion
"enrets
• Integrating and coordinatin , public health care, public s afety, and health security data -gathering (threats to human and
animal health) within State and Major Urban Area fusion centers to achieve early warning and mitigation of health everts
Integrating and coordinating private sector participation with fusion center activities
0 Acquiring systems allowing connectivity to State, local, tribal, territorial, and Federal data networks, such as the National
Crime Information Center (NCI and Integrated Automated Fingeiprint Identification System (IAFIS), as appropriate
0 Planning to enhance security during heightened alerts, terrorist incidents, and/or during mitigation and recovery
0 MuIti-discipline preparation across first responder conununity, including EMS for response to catastrophic events and acts
of terrorism
a Accessible public information/education: printed and electronic materials, public service announcements, seminarshown
hall meetings, and web postings coordinated through local Citizen Corps Councils
CD
• Citizen Corps volunteer programs and other activities to strengthen citizen participation
2
• Conducting public education campaigns including promoting individual, fancily, and business emergency preparedness;
promoting th e Ready campaign; and/or creating State, regional, or local emergency preparedness efforts that build upon t11e
Ready campaign
• Evaluating Critical Infrastructure Protection (CIF) security equipment and/or personnel requirements to protect and secure
situ
• IP cost assessments, including resources e.g., financial, personnel) required for security enhancements/deployments
• Multi -Jurisdiction Bombing Prevention Plans (MIBPP
Underwater Terrorist Protection Plans
Developing and enhancing plans and protocols, in cl udi ng but not limi t4e d to:
• Developing or enhancing EOPs and operating procedures
• Developing or enhancing local, regional, or Statewide strategic or tactical in tero p e rab le emergency commtin ic tions plans
• Activities associated with a conversion from wideband to nairrowband voice channels
Implemcnting Statewide Communications lnteroperability Plan (SLIP) and Tactical lnteroperable Communications Flans
'TI P that align with (lie goals, objectives, and initiatives of the National Emergency Communications Plan NE P
a Developing protocols or standard operating procedures for specialized teams to incorporate the use. of equipment acquired
t1trou h this grant program
0 Developing terrorism preventioNpr section plans
Developing plans, procedures, and requirements for the m an agemen.t of i nfra s tnic I tire and resouir-es related to HS GP and
implementation of State or Urban Area HorneIand Sectrrity Strategies
* Developing plans for mass evacuation and pre -positioning equipment
6 Developing or enhancing border security plans
* Developing or enhancing cyber security plans
a Developing or enh an c i ng secondary health screening protocols at major points of entry e, g., air, rail, port)
* Developing or enhancing cyber risk mitigation plans
0 Developing or enhancing agricuIture/food security risk mitigation, response, and recovery plans �-
• Developing public/private sector partnership emergency response, assessment, and resource sharing plans
0 Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sector/non-
governmental entities working to meet the human service response and recovery needs of victims
6 Developing or updating local or regional communications plans
• Developing plans to support and assist jurisdictions, such as port authorities and rail and mass transit agencies
• Developing or enhancing, continuity of operations and continuity of` government plans
a Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate .Federal assets
provided under the NIF
• Developing plans and response procedures for validating and responding to an alarm from a chemical or biological detector
response procedures should include emergency response procedures integrating local first responders}
* Developing or enhancing evactiation plans
# Developing mechanisms for utilizing the National Emergency Family Registry and Locator System EFI LS
Developing or enhancing plans to prepare for surge capacity of volunteers
• Developing or enhancing the State emergency medical services systems
• Developing or enhancing, plans for donations and volunteer management and the engagenmentlintegration of private
sector/non-governmental entities in preparedness, response, and recovery activities
Developing or enhancing Bombing, Prevention Plan
• Developing school preparedness plans
Developing preparedness plans for cbild congregate c zu-e facilities, including group residential facilities, juvenile detention
facilities, and public/private chill care Facilities
Ensuring jurisdiction EOPs adequately address warnings, emergency public information, evacuation, sheltering, mass care,
resource management from non -governmental sources, unaffiliated volunteer and donations management, and volunteer
resource integi tion to support each Emergency Support Function, to include appropriate considerations For special needs
populations
• Developing and implementing civil rights, civil liberties, and privacy policies, procedures, and protocols
Designing and developing State, local, tribal, and territorial geospatial data systems
* Developing and implementing statewide electronic patient care reporting s ystems compliant with the National Emergency
Medical Services Information System NE SdS
Developing or conducting assessments, including but not limited to:
• Developing pre -event recovery plans
+ Conducting point vuhlerability assessments at critical infrastructure, sites/key assets and develop rernediationlsecurity plans
• Conducting or updating interop rable a ergency communications capabilities assessments at the local, regional, or
Statewide level
0 Developing border security operations plans in coordination with CB P
0 Developing, implementing, and reviewing Area Maritime Security Plans for parts, waterways, and coastal areas
a Updating and refining threat matrices
0 Conducting cyber risk and vulnerability assessments
21
* Cond tic tin cr assessments and c xerc i s i na existing catastrophic incident response and recovery plans and capabilities to
identify critical gaps that cannot be met by existing local and State resources
• onductisig Bombing Prevention Capability Analysis
• Activities that directly support the identification of specific catastrophic incident priority response and recovery projected
needs across disciplines e.g., law eni forcernent, fire, EMS, public health, behavioral health, public works, agriculture,
information technology, and citizen preparedness)
• Activities that directly support the identification of pre -designated temporary lousing sites
« Conducting community assessments, surveys, and research of vulnerabilities and resource feeds, and determine citizen
education and participation to meet the needs
* Conducting Citizen Capps program assessments and evaluations, citizen preparedness surveys, volunteer impact studies,
and costlbenelit analysis
Soft target secutity planning (e.g,., public gatherings)
Participating in the FERIA. Gap Analysis Program
P. Training
Allowable training -related costs include, but are not limited to, the Following:
Developing, Deli and E valu ating Training — Includes costs related to administering the training, planning,
scheduling, facilities, materials and supplies, reproduction of materials, and equipment.
rtime and Bacl a11— The entire amount of overtime casts, including payments related to bacl fi I I i ng personnel,
which are the direct reSUIt 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 tray not receive compensation
froth their unit or agency of g vernment AN D from an award for a single period of time e.g., 1:00 p.rn. to :00
p.m., even thouli such work may benefit bath activities._
Travel -- Costs e.g., airfare, rnileage, per diem, hotel) are aIIowable as expenses by employees who are on travel
status far official business related to approved training.
• Hiring of PulI or Part -Time Staff or Contractors/ onsul ta €its — Pay men of salaries and fringe benefits to full or
part-time staff or contractors/consultants must be in accordance with the policies of the State or units) of local
government and have the approval of the State or awarding agency, whichever is applicable. Such casts must be
included within the funding allowed for prognam management personnel expenses, which must not exceed 15 percent
of the total allocation as specified in section E. . to no case is dual conip en s ation allowable (see above).
•C ertificution/Recertirimtion of Inst etors — States are encouraged to follow the FEMA Instructor Quality
Assurance Program to ensure a irtinimum level of competency and corresponding levels of evaluation of student
teaming. This is particularly important for those courses that involve training, of trainers. This information is
contained in Information Bulletin #19, issued October 20, 2005,
Training Activities
States, territories, and Urban Areas may use HS P funds to develop a homeland security training program.
Allowable training -related costs under HS P include the establishment, support, conduct, and attendance of training
specifically identified under the SHSP, CIASI, M MRS, and CC P grant programs and/or in conjunction with.
emergency preparedness training by other Federal agencies e. g., H H S, DOT . AIIowable training topics include, but
are not I mited to, C B R N E ten ri s m, e ber/agriculturelfood security, intelligence g athering and analysi s, NIl
related training, citizen and community preparedness, interoperable and emergency communications, and training for
volunteers, infants and children and individuals with disabilities to disasters, pediatric medical surge, and evacuation
and sheltering with pat -titular emphasis on children, keeping children with parents or guardians, addressing needs of
unaccompanied minors, and integrating the accessibility and functional needs of children and adults with disabilities
(see Compreltensive Pr•eparedness Guade 3 01 [ P - 1 ] : Inrefim Enrergen fanagement Plann ing Guide ol-
pecial Needs Populations and other resources for additional information).
Training conducted using HS P funds should address a performance gap identified through an After Action
Rep ort/Impro ement. Plan A /IP or contribute to building a capability that wiII be evaluated through an exercise.
Exercises should be used to provide the opportunity to demonstrate and validate skills learned in training, as well as
to identify training gaps. Any training or training gaps should be identified in the AARAP and addressers in the Mate
or Urban Area training cycle. All training and exercises conducted with HS G P Funds should support the deveIopment
and testing of the jurisdiction's EO P or specific annexes, where a ppl. ie ble.
Management and Administration - no more than % of each sub -recipient's total award may be expended on
Management and Administration costs.
Hiring of full -tithe or part-time staff or contractors/consultants:
• To assist with the management of the respective grant program,
22
To assist with application requirements
To assist with the compliancy with reporting and data collection requirement
Development of operating plans for information collection and processing necessary to respond to
FEMA data calls
Overtime and back ill costs - Overtime expenses are defined as the result of personnel who worked over and above their
normaI scheduled daily or weekly worked time in the perforrnance of F MA, — approved activities. Backfill Costs also
c a IIed "0 vertime as BackfiI[" are defined as expenses from the result of personnel who are working overtime in order to
perform the duties of other personnel who are temporarily assigned to FE M A — approved activities outside their core
responsibilities. Neither overtime not- backfill expenses are the resuIt of an increase of FuII — Time Equivalent .FTEs
einpIoyee-s. These costs are allowed only to the extent the payment for such services is in aceoW ance with the policies of
the state or units of Iocal government and has the approvaI of the state or the awarding agency, whichever i s applicable.
In no case is dual compensation allowable. That is, an e mployee of a unit of govem nient may not receive compensation
from their unit or agency of government AND from an award for a single period of time (e.g,, 1:00 pm to :00 pm), even
though such work may benefit both activities. Fringe benefits on overtime hours are limited to Fedenal Insurance
Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.
Travel expenses
Fleeting -related expenses (For a complete list of allowable meeting -related expenses, please review the OJP
Financial Guide at httjp://www.olp.usdol.gov/FinGuide).
Acquisition of authorized office equipment, including:
Personal computers
Laptop computers
Printers
LCD projectors, and
• Other equipment or software which may be required to support the implementation of the homeland
security strategy
The following are allowable only within the period of performance of the contract:
• Recurring fees/charges associated with certain equipment, such as cell phones, faces, etc.
Leasing and/or renting of space for newly hired personnel during, the period of performance of the grant program
D. Unauthorized Expenditures
• Activities unrelated to the completion and implementation of the grant program
• Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs
• Funding may not be used to supplant ongoing, routine public safety activities of state and local emergcney responders,
and may not be used to hire staff` for operational activities or backfi11. Funds cannot not replace suppIant) funds that
have been appropriated for the same .pUrpose.
Constructionand Renovation
Use of HSGP funds for construction and renovation is generally prohibited except as outlined below. Stich construction
and renovation shall be strictly limited and allowable only when it is a necessary component of a security system at critical
infrastructure facilities.
Project construction and ren.ovation not exceeding 1,00 0,000 i s allowable, as deemed necessary. The following types of
projects are considered to constitute construction or renovation, and must be submitted to FEM A for compliance review
under Federal environmental planning and historic preservation HP laws and requirements prior to initiation of the
project:
*Construction and renovation of guard facilities
• Renovation of and modifications, including the installation of security and communication equipment, to buildings
and structures that are 50 years old or older
• Any other con tmetion 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
o Fencing
Closed-circuit television TV systems
Motion detection systems
Barriers, doors, sates and related security enhancements
In addition, the erection of comm tin ications tot vers that are inc lulled in a jurisdiction `s in te roperable commi adcations plan
is allowed, subject to all aplV cable laws, re idations, and licen sing provision s. Cotinnun ication lox4!erprojects nnist be
submitted to FE MA for- EHP r v eiv. Per the Consolidated Secitt it , Disaster Assistance, and Contin itin Ap ropriations
23
A t of 2 00 9 (Public Law 110-32 ), con iniit? iic'atiotrs roii,ei-s ctre Ptot sl1hject to Ili e$1, 000, 000 coirsti-itclion and ieiioi-atioii
cap.
Approval Process:
In order for grantees to drawdown Rinds for construe tion and renovation costs, the grantee trust provide the Division with:
a A description of the asset or facility, asset location, whether the infrastructure is publicly or privately owned, and the
construction or renovation project;
a Certification that a facility vulnerability assessment has been conducted
• n outline addressing hoer the eon mi tion or renovation project will address the identified vulnerabilities from the
assessment
• Consequences of not implementing the construction or renovation project
• Any additional information requested by FNMA to ensure compliance with Federal environmental and historic
preservation requirements
Additional information may also be found on the F MA's website located at 11{ : � •. x� r . c # 1 r 1rr
Note: Written approval must be provided by FEMA prior to the use of any funds for construction or renovation,
F. Overtime and Bachfill Guidance
Overtime — These expenses are limited to the additional costs which result from personnel working over and above 40
hours of weekly work [hire as a direct result of their performance of FEM A- app roved activities specified in this guidance.
Overtime associated with any other activity is not eligible.
BaclCfdll-related Overtime — Also called "0 ve rt i me as B ac U ll,*' these expenses are limited to overtime costs which result
from personnel who are working overtime as identified above) to perform the duties of other personnel who are
tempmurily assigned to FEM A-appro ved activities outside their core responsibilities. Neither overtime nor backfill
expenses are the result of mi increase of FTE employees.
G. National Incident Management System NI11I1 ) Compliance
H S PD- 5, "ManagemenI of Domestic In ctcd nts',"' mandated the ci ation of N[M S and the National Response flan (N R P).
N1MS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic
incidents, regardless of cause, size, or comp lxity. To promote i n tero p e ra b i I i ty and compatibility among Federal, State,
local, and tribal capabilities, N IM S includes a core set of guidelines, standards, and protocols for command and
management, preparedness, resource management, communications and information management, supporting
technologies, and management and maintenance of NIM . The NRP, using the template established by NIMS, is an all -
discipline, all -hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential
Incidents of National Significance, which are major events that "require a coordinated and effective response by an
appropriate combination of Federal, State, local, tribal, private sector, and nongovernmental entities.,,
The N IM S Integration Center N IQ recommends 3 S N IMS Compliance Obj ectives for non ovemmental organizations
that support N IM S irnplernentation. These activities closely parallel the i m pleme tit a t ion activities that have been required
of State, territori a 1, tribal, and local governments since 2.004 and can be found at
www.fema.go 1pdflemer y/nimsingo... f -pdf. To integrate nonprofit organizations into the broader national
preparedness effort, DHS encourages grantees to consider pursuing these recommended activities.
Additionally, nongovernmental organ iztion grantees and sub -grantees will be required to meet certain N WS compliance
requirements. This includes all emergency prep amdnes s, response, mid/or s ec u ri ty personnel in the orgaiii zation
participating in the development, implementation, and/or operation of resources and/or activities awarded through this
grant must complete training programs consistent with the NIMS NationaI Standard twuniculum Development Guide.
Minimum training includes I -7 0 0 RIMS: An Introduction, In addition, I - 8 DO.a NRP: An Introduction, Incident
Corn niand System I -100 , Incident Command Systern I -2 , Intermediate Incident Command System (G-3 00), and
Advanced Incident Command System - 00 are also recommended. For additional guidance on NIMS training, please
refer to http://www,fema. avv/err g ency/ni s/ni train_ in .sg htm.
Additional information about N NS implementation and resources for achieving compliance are available through the
N IMS late ration Center NI A, at http://www. fe m a. 2 olemer enc 1nimsl.
24
Ill. Reporting Requirement
1. Quarterly Programmatic Reporting:
The Q uarterly Programmatic Report i s d Lie within 30 days alter the end of the reporting periods M arc 30, June
30, September 30 and December 30 for the life of this contract. If a report(s) is delinquent, future fnaucial
reimbursements will be withheld until the Recipient's reporting is current.
Programmatic Repoiling Schedule
Reporting Period
Report due to DM no later than
Januai1 throur h l arch 31
ri130
riI 1 throw gh June 30
July 31
Jul [...through September 30
October 31
October l ft-ou h December- 31
Jannar 31
. Programmatic Reporting-BSIR
Biannual Strategic Implementation Report:
After the end of each reporrting period, for the life of the contract unless directed otherwise but the SAA, the
recipient will complete their ,Biannual Strategic Lmplementation Deport in the Grants Reporting Tool T)
https://www.repori:jn,Lr.odp.dhs.gov The reporting periods are January I -June 30 and Rdy 1-December 31.
Data entry is scheduled for December 1 and .tune i respectively. Future awards and reimbursement may be
withheld if these reports are delinquent.
. Reimbursement Requests:
A request for reimbursement may be sent to your grant maan er for review and approval at anytime during the
contract period. The Recipient should include the category's corresponding line item number in the "Detail of
Claims" form. This number can be found in the `Proposed Program Budget". A. line item number is to be
included for every dollar amount listed in the "Detail of Claims" form.
4. lose -out Programmatic Reporting:
The Close-out Report i s due to the Florida Division of Emergency Man gemetit no later than 60 calendar days
after the agreement is either completed or the agreement has expired.
. Monitoring:
Florida Division of EmergencyManagement
S Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through
various ffinding sources including federa I grant Funds. The Florida Division of Emergency Management FDEM has a responsibility to
track and monitor the status of grwit activity and items purchased to en Ure compliance with applicable SHSGP grant guidance and
statutory regulations. The monitoring prods is designed to assess a recipient agency's compliance with applicable state and federal
guidelines.
Monitoring is accomplished uti I iz ing various me thods including desk monitoring and on -site visits. There are two primary areas
reviewed during monitoring activities w financial and programmatic monitoring. Financial moni toring i s the review of records associated
with the purchase and disposition of property, projects and contracts. Prog rammatic nionitoring is the observation of equipment
purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during
this process.
Desk monitoring is the review of projects, fin ancial activity and technical ass istance between FDEM and the applicant via a -mail and
telephone. 0 n-Site Monitoring are act uaI visits to the recipient agencies by a Division representative who ex amines records, procedures
and equipment.
25
Thee uencv of annual monitorift activity:
Each year the FDEM will conduct Monitoring for tip to 50% of their sub -grantees. It is important to note that although a given grant has
been closed, it is still subjcct to either desk or on -site monitoring for a fine year Period following closure.
Areas that will be a amin(:.,d include:
Management and administrative procedures;
Grant folder maintenance;
Equipment accountability and sub -hand receipt procedures;
Program for obsolescence;
Status of egUipm nt purchases;
Status of training for purchased equipment;
Status and number of response trainings conducted to include number trained;
Status and number of exercises;
Status of planning activity;
Anticipated projected completion;
Difficulties encountered in completing projects;
Agency l I /ICS compliance documentation;
Equal Employment Opportunity (EEG Status);
Procurement Policy
FD EM may request additional rnonitoring/inforniation if the activity, or lack there of, generates questions from the region, the
sponsoring agency or FDEM leadership. The method of gathering, this in fbiTn ation will be determined on a case -by -case basis.
Desk monitoring is an on -going process. Recipients will be. required to participate in desk top monitoring on an annual basis and as
determined by the FD1rM. This contact will provide an opportunity to identify the steed for technical assistance TA and/or- a site visit if
the FDEli determines that a recipient is having difficulty completing their project.
As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email.
Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of
the issues that arise May be resolved at the regional or sponsoring agency [eve1. Issues that require further TA will be referred to the
FDEM for assistance. Examples of TA include but are not limited to:
Equipment selection or available vendors
Eligibility of items or services
Coordination and partnership with other agencies within or outside the region or d ise ipIine
4. Record beeping
4, Reporting Requirements
,- Documentation in support of a bequest For Reimbursement
n-Site M onitoring will be conducted by the FDEM or designated personnel. Gn-site Monitoring visits will be scheduled in advance
with the recipient agency PC designated its the grant agreement.
The FD EM will also conduct coordinated financial and grant file nnonitorin . These monitoring visits will be coordinated with the
capability review visits. Subject matter experts From other agencies within the region or state may be called upon to assist in the form of
a peer review as needed.
26
All f-indings related to the capability review will be documented and maintained within the FDEM.
On -site Monitoring Protocol
On -site Monitoring Visits will begin with those grantees that are currently spending or have completed spending For that fcdenll fiscal
year FFY . Site visits many be combined when geographically convenient. There i s a financial and programm�ati on monitoring
checklist to assist in the completion of all required tasks.
Site 'visit Preparation
fetter will be sent to the recipient agency Point of Contact P outlining the date, time and purpose of the site visit before the
planned arrival date.
The appointment should be confirmed with the grantee in writing email is acceptable) and documented in the grantee folder.
The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the
address should be documented in the grantee folder before the site visit.
On -Site .ronitoring Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site
visit and the items FDEM intends to examine will be identified. if financial monitoring visit will be conducted, they will then explain �-
their objectives and will proceed to perform the financial review.
FDEM personnel will review all files and supigorting documentation. fence the supporting documentation has been reviewed,
tour/visual/spot inspection of equipment will be conducted,
Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal
informationlserial number) placed in a prominent location on cash piece of equipment as per recipient agency require ents. The serial
number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capitol
expenditures in excess of 1, 00. per item).
If an item is not available (being used during time of the site visit), the appropriate documentation must be providers to account for that
pail ieular pied of equipmen L. Once the tourlvisuallspot inspection of equipment has been completed, the FDEM personnel will then
conduct an exit conference with the grantee to review the findings.
Other programmatic issues can be discussed at this time, such as missing quatlerly reports, payment voucher/reimbursement, equipment,
questions, etc.
Post Monitoring Visit
FDEM personnel will review the on -site monitoring review worksheets and backup documentation as a team and discuss the events of
the on -site monitoring.
Within 30 calendar days of the site visit, a monitoring report will be generated and seat to the grantee explaining any issues and
corrective actions required or recommendations. Should no issues or findings be identified; a monitoring report to that effect will be
generated and sent to the grantee. The grantee will sub n1it a Corrective Action PI an within a timeframe as determined by the FDEM.
Noncompliance on behalf of sub -grantees is resolved by management under the terms of the Sub grant Agreement.
The 0 n-Site Monitoring Workshects, the monitoring report and all back up doctimen.tation will then be included in the grantee's file.
27
A. Programmatic Point of Contact
Contractual point of Contact
Programmatic Point of Contact
Carolyn Washington
Tara Walters
DEM
FDEM
2555 huma rd Oak Blvd.
2555 Shumard Oak Blvd.
"Tallahassee, FL 32399-2 100
Tallahassee, FL 32399-2100
0) 410-1271
8 0) 410-13 1
e-,Yi`oi n.wa hin nC&em.mvflo -ida. oni
I Ta rama I ters @em.myflorid a.eo
B. Contractual Responsibilities
The FDEM shall determine eligibility of projects and approve changes In scope of work.
• The FDEM shall administer the financial processes.
M
Attachment
Program Statutes, Regulations and Special Conditions
1 53 Federal Register 83
2 Section 1382, Title 31, LDS Code
3 Chapter 473, Florida Statutes
Chapter 215, Florida Statutes
E. 0. 12372 and Uniforrn Adrnini trative R eq u i re m e nts. for Grants and Cooperative Ag ree rn e nt
28 CFR, Part 66, Common rule,
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7Section 1 a of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
8 Section 106 of the Rational Hi tort c Preservation Act of 1966 as amended 18 USG 7 ,
Executive Order 11593
Archeological and historical Preservation Act of 1966 (16 USG a-1 et seq.)
1 Title I of the Omnibus Crane Control and Safe Streets Act of 1968,
11 Juvenile Justice and Delinquency Prevention Act, or the victims of Crime Act
1 8 CFR applicable to grants and cooperative agreements
13 Omnibus Crime Control and Safe Streets Act of 1968, as amended,
1 USC 3789(d), or Victims of Grime Act (as appropriate),
1 Title v1 of the Civil Rights Act of 1964, as amended;
1 Section 504 of the Rehabilitation Act of 1973, as amended;
17 Subtitle A, Title II of the Americans with Disabilities Act ADA) (199
18 Title IX of the Education Amendments of 1 2;
1 Age Discrimination Act of 1 7; Department of Justice Non -Discrimination crimination Regulations,
20) 28 CFR Part 42, Subparts G,D,E, and G
1 Department of Justice regulations on disability discrimination, 28 CFR Part 38 and Part 3
,Sgecial Conditions
1. The grantee and any sub grantee 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
CPR Part 215, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Nigher Education, Hospitals, and Other Non -Profit Organizations (DINE
Circular A-110
B. Cost Principles
CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments I
Circular A-87
➢ 2 CFR Part 220, Cost Principles for educational Institutions (OMB Circular A-21)
CFR Part 230, Cost Principles for Von -Profit Organizations(OMB Circular A-12
Federal Acquisition Regulation (FAR), Part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations
29
C. Audit Requirements
OMB Circular -1 3, Audits of States, Local Governments, and Non -Profit organizations
. 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 FE IIA.
. The recipient agrees that all allocations and use of funds under this grant will be in accordance
with the FY 2010 HorrneIan d Securit r Grant Program guidance and application tit.
. The recipient shall not undertake any project having the potential to impact Environmental or
Historical Preservation EHP resources without the prig approval of FEI IA, 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 rust 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 net be eligible for FE 1A
funding.
. The recipient is prohibited from obligation or epend in g Operation Stonegarden PSG funds
provided through this award until each unique, specific or modified county level or equivalent
Operational Order/Frag Operations Order with embedded estimated operational budget has been
reviewed and approved through an official email notice issued by FEIIA removing this special
programmatic condition. The Operations Order approval process/structure is as follows:
Operations Orders are submitted to the appropriate Customs and Border Protection CBP
Border Patrol BP Sector Headquarters (HQ); upon approval by the Sector HQ, forwarded
through the Border Patrol Enforcement Transfer System (BPETS) system to the OPSG
Coordinator, CPB/BP Washington, DC and upon approval forwarded to Federal Emergency
Management Agency FE iA , Grant Programs Directorate PD , Grant Development and
Administration Division G &A . Notification of release of programmatic hold will be sent b
FE lA via ernaiI to the State Adrnini trative Agency (SAA) with a copy to 0 PSG Coo dinator at
CBP/BP H, Washington, DC.
. The recipient shall submit the Federal Financial Report FFF , SF- within 30 days of the end
of the first Federal quarter following the initial grant award. The recipient shall submit quarterly
FFRs thereafter until the grant ends. Reports are due on January 30, April 30, July 30, and
October 30. A report must be submitted for every quarter of the period of performance, including
partial calendar quarters, as well as for periods where no grant activity occurs. Future award
and fund draw downs may be withheld if these reports are delinquent. The final FFR is due 90
days after the end date of the performance period.
. In the event FEII A determines that changes are necessary to the award document after anal
award, including changes to the period of performance or terms and conditions, recipients will be
notified of the changes in writing. Once notification has been made, any subsequent request for
funds will indicate recipient acceptance of the changes to the award. Please call the FEII A MD
Call Center at g - 5646 or via email to ASK-�GMD @ dhs. gov if you have any questions,
. A. Provisions applicable to a recipient that is a private entity.
30
1. You, as the recipient, your employees, subreoipients under this award and subripints'
employees may not:
a. Engage in severe forms of trafficking in persons d uring the period of time that the award is in
effect;
b. Procure a commercial sec act during the period of time that the award is in effect- or
. Use forced labor in the performance of the award or subawards under the award.
. l,l'I,le as the Federal awarding agency may unilaterally terminate this award, without penalty, if
you or a sabre ipient that is a private entity:
a. Is determined to have violated a prohibition in paragraph A.1 of this award term; or
b. Has an employee who is determined by the agency official authorized to terminate the award
to have violated a prohibition in paragraph A.1 of this award term through conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to you or the subreoipient using standards and due process for imputing the conduct
of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to
Agencies on Government wide Debarment and Suspension (Non -procurement)," as implemented
by our agency at 2 CFR Part 3000.
B. Previsions applicable to a recipient other than a private entity. we as the Federal awarding
agency may unilaterally terminate this award, without penalty, if a subre ipient that is a private _
entity:
1. is s determined to have violated an applicable prohibition in paragraph A.1 of this award term;
r
2. Has an employee who is determined by the agency official authorized to terminate the award
to have violated an applicable prohibition in paragraph A.1 of this award terra through conduct
that is either;
a. Associated with performance under this award; or
b. Imputed to the subreciplent using the standards and due process for imputing the conduct of
an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to
Agencies on Government wide Debarment and Suspension (Non -procurement), IT as implemented
by our agency at 2 CFR part 3000.
. C. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph A.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph A.2 or B of this section:
a. Implements section 1 o g of the Trafficking victims Protection Act of 2000 TVPA , as
amended (22 U.S.C. toga and
b. is in addition to all other remedies for noncompliance that are available to us under this award.
. You must include the requirements of paragraph A.1 of this award term in any subaward you
rake to a private entity.
C. Definitions. For purposed of this award terra:
1. "Employee" means either:
a. An individual employed by you or a subreipient who is engaged in the performance of the
project or program under this award; or
b. Another person engaged in the performance of the project or program under this award and
not compensated by you including, but not limited to, a volunteer or individual whose services are
31
contributed by a third party as an in -kind contribution toward cost sharing or matching
requirements.
E. "Forced Labor" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor services, through the use of
force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt
bondage, or slavery.
1. "Private entity' means:
a. Any entity other than a State, local government, Indian Tribe, or foreign public entity, as those
terms are, defined in 2 CFR175.25.
b. Includes:
1. A nonprofit organization, including any nonprofit institution of higher education, hospital, or
tribal organization other than one included in the definition of Indian Tribe at 2 CFR 17.b.
i i . A for -profit organization.
. "Severe forms of traffi f ing in persons', " om m er lal sex act", and "coercion, have the
meaning given at section 103 of the TVPA, as amended U.S.C. 7102).
10. A, "Classified national security information," as defined in Executive Order E 12958, as
amended, means information that has been determined pursuant to Eo 18 or any
predecessor order to require protection against unauthorized disclosure and is marked to indicate
its classified status when in documentary fora.
B. No funding under this award shall be used to support a contract, subaward, or other
agreement for goods or services that will include access to classified national security information
it the award recipient has not been approved for and has access to such information.
C. Where an award recipient has been approved for and has access to classified national
security information, no funding under is award shall be used to support a contract, subaward, or
other agreement for goods or services that will include access to classified national security
information by the contractor, subawardee, or other entity without prior written approval from the
DHS, Office of Security, Industrial Security Program Branch ISPB, or, an appropriate official
within the Federal department or agency with whoa the classified effort will be performed.
D. Such contracts, subawards, or other agreements skull be processed and administered in
accordance with the DHS `Standard Operating Procedures, Classified Contracting by State and
Local Entities," dated July 7, 008; E s 12829, 12958, 12968, as amended; the National
Industrial Security Program operating Manual. lISP011; andor other applicable implementing
directives or instructions. All security requirement documents are located at:
http://www.dhs-gov/xopn.blz/grants/index.shtm.
E. Immediately upon determination by the award recipient that funding under this award will be
used to support such contract, subaward, or other agreement, and prior to execution of any
actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award
recipient shall contact ISPB, or the applicable Federal department or agency, for approval and
processing instructions.
DHS Office of Security ISPB contract information:
Telephone: 0 - - 346
Email: DD254AdministrativeSecuritv@dhs.gov
2
Marl: Department of Homeland Security
Office of the Chief Security Officer
`f : LSD/Industrial Security Program m Branch
Washington, DC 20528
33
Attachment C
JUSTIFICATION F ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment
is requested, budget data on which the request is based must be submitted. Any advance payment
under this Agreement is subject to s. 1 .1 1 1 , Florida statutes and Division approval.
ADVANCE REQUEST w RKSHEET
If you are requesting an advance, complete the following w r he t
(A)
D
FFY
FFY
FFY
Total
DESCRIPTION
1
INITIAL CONTRACT ALLOCATION
2
FIRST THREE MONTHS CONTRACT
EXPENDITURES.
3
AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.
Immediate contract expenditures must be supported through invoices, purchase orders, timesh ets and/or
other substantiating documentation and cannot exceed the expected cash needs of the recipient within the
initial three months. Expenditures need only he provided for the years in which you requested an advance. if
you do not have this Information, call your consultant and he or she will assist you.
MAXIMUM U ADVANCE ALLOWED CALCULATION.:
X $
Cell D3 DEM Award MAXIMUM
(Do not include any match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
Recipient has no previous DCAJDEII contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
Recipient has exce tional circumstances that require an advance greater than the Maximum
Advance calculate above.
Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional
pages if needed.
ESTIMATED EXPENSES
BUDGET CATEGORY
2010-2011 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
(include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
34
Explanation.of Circumstances:
35
Attachment
Reimbursement Cheek List
Please Note: FDEM reserves the right to update this check list throughout the life of the grant t
ensure compliance with applicable federal and state rules and regulations.
uipment
❑ 1. Have all invoices been included?
2. Has an AEL # been identified for each purchase?
❑I If service/warranty expenses are listed, are they only for the performance period of the
grant?
. Has proof of payment been included? E.g. canceled check, Electronic Funds Transfer
(EFT) confirmation, or P-Car f back up documentation which will include receipt with
vendor, copy of credit card statement shoring expense charged, and payment to credit
card company for that statement
. If EHP form needed — has copy of it and approval from State DHS been included?
Plan
Consultants/Contractors (Note: this anolies to contractors also billed under Oraanization
1. Does the amount billed by consultant add up correctly?
❑ 2. Has all appropriate documentation entation to denote hours worked been properly signed?
❑ . Have copies of all planning materials and work product e.g. meeting documents, copies
of plans) been included? If a meeting was held by recipient or contractor/consultant of
recipient, an agenda and signurp sheet with meeting date must be included).
❑ . Has the invoice from onultantcontrator been included?
Ej . Has proof of payment been inIded' E.g. canceled check, Electronic Funds Transfer
(EFT) confirmation, or P- Card back up documentation which will include receipt with
vendor, coley of credit card statement showing expense charged, and payment to credit
card company for that statement).
. Has Attachment E (found within Agreement with FDEII been completed for this
consultant and included in the reimbursement package?
salary Positions (Note: this aw3lies to positions billed under M&A and Oragnization as well
. . . .. ..... .......... -
--
1. Have the following been provided; signed tune sheet by employee and supervisor and
proof that employee was paid for time worked (statement of earnings, copy of payroll
check or payroll register)? Has a time period summary sheet been included for total
claimed amount?
. Does the back-up documentation provided match 'the time period for which
reimbursement is being requested*
Train rc�
1, Is the course DHS approved? Is there a course or catalog number? r If not, has FDEI I
approved the non-DHS training? Is supporting documentation included your
reimbursement request?
2. Have sign -in sheets, rosters and agenda been provided?
. If billing for overtime and/or backfill, has a spreadsheet been provided that fists attendee
names, department, # of hours spent at training, hourly rate and total amount paid to
each attendee? Have print outs from entity's financial system been provided as proof
attendees were paid` For ba l fill, has a clear delineation/cross reference been provided
showing who was baclfilling who?
. Have the names on the sign -ire sheets been cross-referenced with the names of the
individuals for whom training reimbursement costs are being sought'
5. Has any expenditures occurred in support of the training e.g., printing costs, costs
related to administering the training, planning, scheduling, facilities, materials and
supplies, reproduction of materials, and equipment if so, receipts and proof of payment
must be submitted. E.g. canceled check, Electronic Funds Transfer (EFT) confirmation,
or P-Card back up documentation which will include receipt with vendor, copy of credit
card statement showing expense charged, and payment to credit card company for that
statern ent .
Exercise
❑ 1. Has d oc urn entati on been provided on the purpose/objectives of the exercise' Such as,
SITMAN/EXPLAN.
. if exercise has been conducted - has after -action report been included? Have sign -in
sheets, agenda, rosters been provided?
. If billing for overtime and l ackfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at exercise, hourly rate and total paid to each -
attendee Have print outs from entity's financial system been provided to prove
attendees were paid? For backfill, has a clear delineation/cross reference been provided
showing who was bakfillin who'd
. Have the names on the sign -in sheets been cross-referenced with the names of the
individuals for whoa exercise reimbursement costs are being sought?
5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in
support of the exercise' If so, receipts and proof of payment must be submitted. E.g.
canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up
documentation to include receipt with vendor, copy of credit card statement showing
expense charged, and payment to credit card company for that statement).
. Has any expenditures occurred on rental of space/locations for exercises planning and
conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be
submitted. E.g. canceled check, Electronic Funds Transfer {EFT} confirmation, or P-
Card back up documentation to include receipt with vendor, copy of credit card statement
showing expense charged, and payment to credit card company for that statement).
TravellConferences
❑ I . Have all receipts been turned in such as: airplane receipts, proof of mileage, toll receipts,
hotel receipts, car rental receipts, registration fee receipts and parking receipts? Are
these receipts itemized? Igo the dates of the receipts match the date(s) of
travel/conference? Does the hotel receipt have a zero balance? If applicable, have a
travel authorization and travel reimbursement fora been included to account for per
diem, mileage and other travel expenses which have been reimbursed to the traveler by
sub grantee's
2. It travel is a conference has the conference agenda been included?
. Has proof of payment to traveler been included? E.. canceled check, Electronic Funds
Transfer (EFT) confirmation, or copy of payroll check if reirnbursed through payroll).
Organization
�ww
3
1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at EOC, hourly rate and total paid to each
attendee? Have print outs from entity's financial system been provided to prove
attendees were paid? For bac fill, has a clear delineation/cross reference been provided
showing who was backfilling illin who?
Matching Funds
] 1. Contributions are from Non Federal funding sources.
. Contributions are from cash or in -kind contributions which may include training
investments.
3. Contributions are not from salary, overtire or other operational costs unrelated to
training.
For All Reimbursements - The Final Check
F-] 1. Have Forms 3, 4a, 4b and 4c been completed and included with each request for
reimbursement
F-1 . Have the costs incurred been charged to the appropriate POETE category
3. Does the total on Form 3 match the totals on Forms 4a, 4b and 40.
. Has Form 3 been signed by the Grant Manager?
F-1 . Has the reimbursement package been entered into sub grantee's records/spreadsheet?
. Have the quantity and unit cost been notated on Form b
38
Attachment
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
Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unbligated
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.
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 terns and conditions of this
Agreement.
Cost accounting records that are supported by backup documentation.
Competition
Al procurement transactions shall b e done in a rnanner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to. ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
9
Codes of conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest wouId be involved. Such a conflict wou Id arise when the employee, officer, or argent,
any member of his or her immediate family, his or her partner, or an organization which employs or i
about to employ any of the parties indicated} has a financial or other interest in the firm selected for are
award. The officers, erg ployees, and agents of the recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Perrr ittin
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.
40
Attachment F
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�"�:r',
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
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
DCA Contract Number
Attachment G
Statement of Assurances
The Recipient hereby assures and certifies compliance F rith a[I Federal statutes, regulations, policies,
guidelines and requirements, including OM B Circulars No. A-21, A-11 , A-122, A-12 ; A- ; 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 [deal
Property Acquisitions Act of 1970 P.L. 1- 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 Fed era] grants. S C 1 01, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
. 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.
. It gill give the sponsoring agency or the ComptroIler General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
. It w i I I comply with al requirements imposed by the FederaI sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project: are not listed on the Environmental Protection Agency's (EPA) list of
1liolating Facilities and that it will notify the FederaI grantor agency of the receipt of any corn rn un ication
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.
3. It will comply with the flood insurance purchase requirements of Section 1 a of the Flo d,Disaster
Protection Act of 1973, Public Law 93-23 , 87 Stat. 975 , approved Decernber 31, 1 , Section 1 02
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 ether form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 U S C 470), Executive Order 11 3, and the Archeological and
Historical Preservation Act of 1966 1 USC a-1 et seq.) b 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 Paces that are subject to adverse effects {see 3
CFR Part 00.3) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by b complying with a][ requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
42
1 . It gill comply, and assume the complian of all its subgrant es 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 Grime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
rants, M71 00.1; and al other applicable Federal laves, orders, circulays, 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 Infermati n; Part 23, Crir in al InteIIigence
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 f the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 7 d , or Victims of Crime
Act as appropriate); Title Vl of the Civil Fights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title li of the Americans with Disabilities Act ADA
{1 ; Title I X of the Education Amendments of 1 7 ; the Age D i sc riminati on Act of 1 7 ; Departrrrent of
Justice Non -Discrimination regulations, 28 CFF Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFF Part 35 and Fart 39. �-
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
d isc rirninati on after~ a due process hearing on the Grounds of race, color, re Iigion, national origin, sex , r
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. 7-34 dated October 19,
1982 1 SC 31 et seal.} which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG -FREE WOR PLACE GI A ITE S OTHER THAN I N DIVIDUALS) s required by the Drug -
Free W orkplace Act of 198 8, and im pl em ented at 23 CFF Part 67, Subpart l=, for grantees, as ,defin ed at
28 CFR Part 67 Sections 67.615 and 67.620.
4