Item C36 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2013 Division: Emergency Services
Bulk Item: Yes X No _ Department: Emergency Management
Staff Contact Person/Phone#Jose Tezanos/305-289-6325
AGENDA ITEM WORDING: Approval of an Emergency Management Performance Grant FYI
Federally Funded Subgrant Agreement 14-FG- -11-54-01-111 in the amount of$65,115.00, fully grant
funded and no county match, and authorization for the County Administrator to execute any other
required documentation in relation to the application process.
ITEM BACKGROUND: This is an annual Grant Agreement between the State of Florida, Division of
Emergency Management and Monroe County. The Grant is intended to enhance County Emergency
Management plans and programs that are consistent with the State Comprehensive Emergency
Management Plan and Program.
PREVIOUS RELEVANT BOARD ACTION: This grant has been approved each year since 1994.
CONTRACT/AGREEMENT CHANGES: This Agreement shall begin on July 1, 2013 and shall end
June 30, 2014.
STAFF RECOMMENDATIONS: Approval. OMB please create a separate project number for
Federal Agreement to facilitate Finance Dept. project management.
TOTAL COST: None INDIRECT COST: _ BUDGETED: Yes _ No , X_
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $ 0.00 SOURCE OF FUNDS: Base Grant
REVENUE PRODUCING: Yes X No A UNT PER MONTH Year 65,115
APPROVED BY: County AttyAXOMB/Purc asing X Risk Management
DOCUMENTATION: Included X Not Required_,,,µ
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: State of Florida DEM Contract#14-FG -11-54-01-111
Effective Date: July 1, 2013
Expiration Date: June 30, 2014
Contract Purpose/Description:
Approval of an Emergency Management Performance Grant FYI Federally Funded
Subgrant Agreement in the amount of$65,115 00 fully grant funded and no county match,
and authorization for the County Administrator to execute any other required documentation in
relation to the application process. OMB please create separate project number for federal
portion of Base Grant.
Contract Manager: Jose Tezanos 6325 14
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on July 17, 2013 Agenda Deadline: July 2, 2013
CONTRACT COSTS
Total Dollar Value of Contract: 65,115.00 Current Year Portion: $ 6 ,115.00
Budgeted? Yes No Z Account Codes: - - - -
Grant: 65,115.00 - - - -
County Match: 0 - - - -
DITIONL COSTS
Estimated Ongoing Costs: $ /yr For:
of included in dollar value above) (eg.maintenance, utilities,janitorial,salaries,etc.)
CONTRACT VIEW
Changes Date Out
Date In Needed wer
Division Director Yes No
Risk Management � Yes o —�
O.M.B./PurchasinS Yes[:]No
a'
&/�,Z
... ...........
County Attorney Yes ............. . ._ __........
Comments:
OMB Form Revised 2d27M MCP#2
Contract Number: 14-FG- -11-54-01-111
FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida(hereinafter referred to as the"Division"), and Monroe County, (hereinafter
referred to as the"Recipient').
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant
these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Program Budget and Scope of Work,
Attachment A and B of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment F.
(3) PERIOD OF AGREEMENT
This Agreement shall begin on July 1, 2013 and shall end June 30, 2014, unless terminated earlier
in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are
agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this
Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
OMB Circular No. A-102, "Common Rule: Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments" (53 Federal Register 8034)or OMB Circular No. A-110, "Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State, Local and Indian Tribal
Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions,"or OMB Circular No. A-122,
"Cost Principles for Non-profit Organizations."
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall
ensure that audit working papers are available to them upon request for a period of five years from the date the
audit report is issued, unless extended in writing by the Division. The five year period may be extended for the
following exceptions:
1. If any litigation, claim or audit is started before the five year period expires, and extends
beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the
records have been resolved.
2. Records for the disposition of non-expendable personal property valued at$5,000 or
more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in
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a form sufficient to determine compliance with the requirements and objectives of the Program Budget and Scope
of Work-Attachment A and B-and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid
from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its
employees, and agents. 'Reasonable"shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00
p.m., local time, on Monday through Friday. "Agents"shall include, but not be limited to, auditors retained by the
Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance
with generally accepted accounting principles, to account for the receipt and expenditure of funds under this
Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Division. "Reasonable"shall ordinarily mean normal business
hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with the records, reports or financial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised, and in the event that the Recipient expends$500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions
of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through
the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall
consider all sources of Federal awards, including Federal resources received from the Division. The determination
of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An
audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill
the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient
expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-
Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-
133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133,
as revised, by or on behalf of the Recipient to:
The Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission
online at:
hftp://harvester.census.gov/fac/collect/ddeindex.htmI
And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter
issued by the auditor, to the Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and
Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipient
when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A-
133 or Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance
with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all
funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after
the Division has notified the Recipient of such non-compliance.
0) The Recipient shall have all audits completed by an independent certified public accountant
(IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shall state that the audit complied with the applicable provisions noted above. The audit must be received by the
Division no later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly financial reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to any other information requested by the Division.
(b) Quarterly financial reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-out report.
The ending dates for each quarter of the program year are September 30, December 31 March 31 and June 30.
(c) The close-out report is due 45 days after termination of this Agreement or 45 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a manner
acceptable to the Division, the Division may withhold further payments until they are completed or may take other
action as stated in Paragraphs (10), (11) and (12)of this Agreement, and Rule 27P-19.014, Florida Administrative
Code. "Acceptable to the Division" means that the work product was completed in accordance with the Program
Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be required by
the Division.
(f) The Recipient shall provide additional reports and information identified in Attachment E.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors
and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are
being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time
periods, and other performance goals are being achieved. A review shall be done for each function or activity in
Attachment B to this Agreement, and reported in the quarterly financial report.
In addition to reviews of audits conducted in accordance with paragraph (6)above, monitoring procedures
may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The
Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the
Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such
audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits
deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor
the performance and financial management by the Recipient throughout the contract term to ensure timely
completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the
Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the
Division harmless against all claims of whatever nature by third parties arising from the work performance under
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this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the
Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.,
agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against
the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or
subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur("Events of Default"), all obligations on the part of the Division
to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise
any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments
after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to
make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division
and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during
the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date
written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or have been
submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations under this
Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following
remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written
notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage
prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible purposes under
the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for or the
extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any
activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred for any
items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right
or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other
default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
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on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material
subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state the effective date of the termination and the
procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for
the terminated portion of the Agreement after the Recipient has received the notification of termination. The
Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination
notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of
Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient
for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address
below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Jenene Helms
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-413-9920
Fax: 850488-7842
Email:Lnene.helms(&-em.mvflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
_Irene Toner
_Emergency Management_
490 63rd Street Suite 150
_Marathon, Florida 33050_
Telephone:_305-289-6018_
Fax: 305-289-6333
Email:_toner-irene _monroecounty-fl.4ov_
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be provided as
outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The
Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)
the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall
hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall
document in the quarterly financial report the subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether that
subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
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(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A—Program Budget
Attachment B—Scope of Work
Attachment C— Budget Narrative
Attachment D—Deliverables
Attachment E—Reports
Attachment F—Program Statutes, Regulations and Special Conditions
Attachment G—Justification of Advance Payment
Attachment H—Warranties and Representations
Attachment I —Certification Regarding Debarment
Attachment J—Statement of Assurances
Attachment K—Reporting Forms
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred
in the satisfactory performance of work hereunder in an amount not to exceed $65,115, subject to the availability of
funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is
contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement.
The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first
three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to
federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. All advances are
required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be included in this Agreement as Attachment G. Attachment
G will specify the amount of advance payment needed and provide an explanation of the necessity for and
proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed.
The Recipient agrees to expend funds in accordance with the Program Budget and Scope of Work, Attachment A
and B of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting documentation
for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an
authorized representative of the Recipient certifying that"all disbursements made in accordance with conditions of
the Division agreement and payment is due and has not been previously requested for these amounts." The
supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost
Principles. The final invoice shall be submitted within thirty (30) days after the expiration date of the agreement.
An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the
Division contract manager as part of the Recipient's quarterly financial reporting as referenced in Paragraph 7 of
this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United States
Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under
subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of
funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from
the Division.
Changes to the amount of funding pursuant to Paragraph (17)(a) above may be accomplished by
notice from the Division to the Recipient. The Division may make an award of additional funds by subsequent
modification.
All funds received hereunder shall be placed in an interest-bearing account with a separate account code
identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the
Division that are not expended in implementing this program shall be returned to the Division, along with any
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interest earned on all funds received under this Agreement, within ninety (90)days of the expiration of the award
Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in securing goods and
services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall
utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management and Budget
Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND
PROCEDURES.
Any requests received after July 31, 2014, at the discretion of the Division, may not be reimbursed from
this Agreement.
This agreement may be renewed, at the Division's sole discretion, for a period that may not exceed three
years or the term of the original Agreement, whichever period is longer, specifying the renewed price and subject to
the availability of funds. Pursuant to Section 287.057(13), Florida Statutes, exceptional purchase contracts
pursuant to Section 287.057(3)(a) and (c), may not be renewed.
Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-
federal funds.
All payments relating to the Agreement shall be mailed to the following address:
Attn. Jose Tezanos
_Monroe County Emergency Management
_490 63`d Street, Suite 150
_Marathon, Florida 33050
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to the order of
"Division of Emergency Management", and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection,
Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft,
whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or
response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of
said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or
any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause
the termination of this Agreement and the release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and
void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this Agreement
shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which may be
taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336,
42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of
7
disability in employment, public accommodations, transportation, State and local government services, and
telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may
not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of
being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under
this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public(federal, state or local)transaction or contract under public transaction; violation of
federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, state or local)with commission of any offenses enumerated in paragraph 19(g)2. of this certification;
and
4. have not within a five-year period preceding this Agreement had one or more public
transactions (federal, state or local)terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall
attach an explanation to this Agreement.
In addition,the Recipient shall send to the Division (by email or by facsimile transmission)the
completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment 1)for each intended subcontractor which Recipient plans to fund under this Agreement. The
form must be received by the Division before the Recipient enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216,
Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
0)Any bills for travel expenses shall be submitted in accordance with Section 112.061(14)(a), Fla.
Stat. The provisions of any special or local law, present or future, shall prevail over any conflicting provisions in this
section, but only to the extent of the conflict.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to
allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla.
Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,
any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the
contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act("INK)]. The Division shall
consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such
violation by the Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds
for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law(Section 286.011, Fla.
Stat.)with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
8
(o) All unmanufactured and manufactured articles, materials and supplies which are acquired for
public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a,
unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities."
3. The Recipient shall require that this certification be included in the award documents for
all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF
THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS
ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
invention to the Division for a determination whether the State of Florida will seek patent protection in its name.
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Division. Any copyrights accruing under or in connection with the performance under this Agreement are
transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property
which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under
Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and
that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also
certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this
Agreement.
9
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment J.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
MONROE COUNTY
By:
ONROE COUNTY ATTORNEY
Name and title: pR V E D AVTO OR :
Date: °"
CYNT iI A L.PACE"
FID# ASSI SWAN COUNTY ATT YNEY
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title: Bryan Koon, Director
Date:
10
EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the same
information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: U.S. Department of Homeland Security/ Federal Emergency Management Agency
Catalog of Federal Domestic Assistance title and number: Emergency Management Performance Grant
#97.042
Award amount: $65,115
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
Chapter 252, Florida Statutes
Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
44 CFR, Part 302
48 CFR, Part 31
OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133
NOTE. If the resources awarded to the Recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities as identified in the United States
Department of Homeland Security, Federal Emergency Management Agency, National Preparedness
Directorate, Fiscal Year 2013 Emergency Management Performance Grants Program.
2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be
in violation of the terms of the Agreement.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient.
1 1.
Attachment A
14-FG--11-54-01-111
Program Budget
• Funding from the Emergency Management Performance Grant is intended for use by the Recipient to perform
the following eligible activities as identified in the United States Department of Homeland Security, Federal
Emergency Management Agency, Fiscal Year 2013 Emergency Management Performance Grants Program
and programs that are consistent with Title 44, Code of Regulations (CFR) Part 13, State Rule Chapter 27P-6,
Florida Administrative Code and Chapter 252, Florida Statutes).
• Below is a general budget which outlines eligible categories and their allocation under this award.
�///l !
, lif
Organizational Expenditures 65,115
FY 2013—Emergency Planning Expenditures
Management Performance COUNTY
Grants Program
Training Expenditures
Exercise Expenditures
Equipment Expenditures
Management and Administration
Expenditures 5%
12
Attachment B
Scope of Work
Funding is provided to perform eligible activities as identified in the Emergency Management Performance Grants
(EMPG) Program Funding Opportunity Announcement(FOA). Eligible activities are outlined in Attachment C
Eligible Expenses. The intent of the EMPG Base Grant Agreement is to provide each county with the means to
successfully manage and operate an Emergency Management Program. Counties must be able to prepare for,
respond to, recover from, and mitigate against natural and man-made disasters/emergencies.
EMPG Base Grant funding is intended to enhance county emergency management plans and programs that are
consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter
27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each
recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces
unique threats and hazards, and serves a unique population.
The objective of this funding is to assist in providing operating support for the areas outlined in
Attachment C to maintain a county emergency management program. The objective is to help fund the
county Emergency Management programs and maintain a 24-7 (this includes on-call coverage) daily
response to county emergencies. The minimum acceptable standard for payment is a twelve month 24-7
operation. Emergency Management operation below the minimum standard will result in a prorated
reduction in payment.
In addition,the County is to achieve the following emergency management goals throughout the contract
period to ensure county compliance and coordination with the state emergency management. Items listed
in Attachment D are to be reviewed during the mid-year and end-of year progress report prepared in
conjunction with the Division's Regional Coordinator to ensure county compliance. Any two goals in the
series of 1 to 3 not completed will cause a 5% reduction in the last quarter payment. Documentation
supporting the completion of the goals outlined below should be submitted on the Quarterly Financial
report.
By signing this Agreement the Recipient certifies that it will use the award to enhance its Emergency Management
Program.
Monitoring: Monitoring may be accomplished through either a desk-based review or on-site monitoring visits, or
both. Monitoring will involve the review and analysis of the financial, programmatic, performance, compliance and
administrative processes, policies, activities, and other attributes of each county and will identify areas where
technical assistance, corrective actions and other support may be needed.
Desk monitoring is the review of projects, financial activity and technical assistance between the Division and the
applicant via e-mail and telephone. On-Site Monitoring are actual visits to the recipient agencies by a Division
representative who examines records, procedures and equipment.
Each year the Division will conduct on-site visits for up to 25%of the 2013-2014 county agreements (2013 EMPG).
The Division may request additional monitoring/information if the activity, or lack thereof, generates questions from
the region, the sponsoring agency or Division leadership. The method of gathering this information will be
determined on a case-by-case basis.
1
Attachment C
Budget Narrative
I. Categories and Eligible Activities
Emergency Management Performance Grants Program Guidance
FY2013 allowable costs are divided into the following categories: organizational, planning,training,
exercise, equipment,and management and administration cost are allowable.
A. Organization
Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. 5121-5207,
EMPG Program funds may be used for all-hazards emergency management operations, staffing, and other
day-to-day activities in support of emergency management. Proposed staffing activities should be linked
to accomplishing the projects and activities outlined in the EMPG Program Work Plan.
Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits, are
allowable costs with FY 2013 EMPG Program funds. These costs must comply with 2 CFR Part§225, Cost
Principles for State, Local, and Indian Tribal Governments(Office of Management and Budget[OMB] Circular
A-87).
B. Planning
Planning spans across all five NPG mission areas and provides a baseline for determining potential threats and
hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities.
Planning provides a methodical way to engage the whole community in the development of a strategic,
operational, and/or community-based approach to preparedness.
FY 2013 EMPG Program funds may be used to develop or enhance upon emergency management
planning activities,some examples include:
• Provide input for data collection in THIRA development
• Development of an all-hazards mitigation plan based on identified risks and hazards
Emergency Management/Operation Plans
• Maintain/enhance current local County Emergency Management Plan (CEMP)
• Modifying existing incident management and emergency operations plans
• Developing/enhancing large-scale and catastrophic event incident plans
Communications Plans
• Developing and updating Statewide Communication Interoperability Plans
• Developing and updating Tactical Interoperability Communications Plans
Continuity/Administrative Plans
• Developing/enhancing Continuity of Operation (COOP)/Continuity of Government(COG) plans
• Developing/enhancing financial and administrative procedures for use before, during, and after disaster
events in support of a comprehensive emergency management program
Whole Community engagement/planning
• Developing/enhancing emergency operations plans to integrate citizen/volunteer and other non-
governmental organization resources and participation
• Engaging the"Whole Community" in security and emergency management is critical to achieving the NPG
• Public education and awareness on emergency management and preparedness
• Planning to foster public-private sector partnerships
14
Development or enhancement of mutual aid agreements/compacts, including required membership in
EMAC
Resource management planning
• Developing/enhancing logistics and resource management plans
• Developing/enhancing volunteer and/or donations management plans
• Acquisition of critical emergency supplies defined as: shelf stable food products, Water, and/or basic
medical supplies. Acquisition of critical emergency supplies requires each State to have FEMA's approval
of a viable inventory management plan; an effective distribution strategy; sustainment costs for such an
effort; and logistics expertise to avoid situations where funds are wasted because supplies are rendered
ineffective due to lack of planning.
• Supply preparation
Evacuation planning
• Developing/enhancing evacuation plans, including plans for: alerts/warning, crisis communications, pre-
positioning of equipment for areas potentially impacted by mass evacuations sheltering, and re-entry.
Pre-disaster and post-disaster Recovery planning
• Pre-event response/recovery/mitigation plans in coordination with State, local, and tribal governments
• Developing/enhancing other response and recovery plans
• Develop recovery plans and preparedness programs consistent with the principles and guidance in the
NDRF that will provide the foundation for recovery programs and whole-community partnerships.
Preparedness and pre-disaster planning was given special attention within the NDRF with specific
guidance: Planning for a Successful Disaster Recovery(pages 63-70). For more information on the NDRF
see http://www.fema.gov/pdf/recoveryframeworWndrf.pdf.
F/ERO Credentialing and Validation:
• Working group meetings and conferences relating to emergency responder credentialing and validation
• Compiling data to enter into an emergency responder repository
• Coordinating with other State, local, territorial, and tribal partners to ensure interoperability among existing
and planned credentialing and validation systems and equipment
• Planning to incorporate emergency responder identity and credential validation into training and exercises.
Continuity of Operations/Continuity of Government Planning (COOP/COG) Grant Funding Opportunity
COOP/COG planning is the fundamental responsibility of every government agency that performs an essential
function at the State and local level. In order to conduct necessary emergency operations, recovery actions,
and other key essential functions during a large-scale or catastrophic event, the agency must have effective
Continuity plans in place to support continued operations. Continuity efforts also provide the foundational basis
for COG programs, such as succession planning, which are designed to ensure the survival of not only
leadership at the State and local level, but also an enduring constitutional government. State and local plans to
address COOP/COG issues should be consistent with the Nations Continuity Policy described in Homeland
Security Presidential Directive 20 (HSPD-20); the National Continuity Policy Implementation Plan (NCPIP); and
Continuity Guidance Circular's 1 (CGC 1) and 2 (CGC 2), which provides guidance for State, local, territorial,
and tribal governments, and private sector organizations in developing robust Continuity plans and programs in
support of a comprehensive and integrated national continuity capability. Continuity issues to address include,
but are not limited to:
• Determine essential functions and activities, interdependencies, and resources needed to perform them
• Establish orders of succession and delegations of authority to key agency positions and establish and
maintain currentroster(s)of fully equipped and trained COOP personnel with the authority to perform
essential functions
• Provide for the identification and preparation of alternate operating facilities for relocated operations
• Provide for the regular training, testing, and exercising of COOP personnel, systems, and facilities
• Provide for reconstitution of agency capabilities, and transition from continuity operations to normal
operations
15
C. Training
FY 2013 EMPG Program funds may be used for a range of emergency management-related training activities
to enhance the capabilities of local emergency management personnel through the establishment, support,
conduct, and attendance of training. Training activities should align to a current, Multi-Year TEP developed
through an annual TEPW. Training should foster the development of a community oriented approach to
emergency management that emphasizes engagement at the community level, strengthens best practices, and
provides a path toward building sustainable resilience.
Each EMPG Program funded position is REQUIRED to complete the following training(s)during this
contract period or show proof(certificate)that each training has been completed. These training
requirements are also outlined in Attachment D,#2.
• IS 100— Introduction to Incident Command System
• IS 200—ICS for Single Resources and Initial Action Incidents
• IS 700—National Incident Management Systems(NIMS)
• IS 800—National Response Framework
• Professional Development Series (PDS)
• IS 120.a—An Introduction to Exercises
• IS 230.c—Fundamentals of Emergency Management
• IS 235.b—Emergency Planning
• IS 240.a—Leadership and Influence
• IS 241.a—Decision Making and Problem Solving
• IS 242.a—Effective Communication
• IS 244.b—Developing and Managing Volunteers
EMPG Program funds used for training should support the nationwide implementation of NIMS. The NIMS
Training Program establishes a national curriculum for NIMS and provides information on NIMS courses;
grantees are encouraged to place emphasis on the core competencies as defined in the NIMS Training
Program. The NIMS Training Program can be found at
http.//www fema gov/pdf/emergency/nims/nims training program.pdf.
The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing standards.
The NIMS Guidelines for Credentialing can be found at
http.//www fema gov/pdf/emergency/nims/nims cred guidelines report.pdf.
To ensure the professional development of the emergency management workforce, the grantee must ensure a
routine capabilities assessment is accomplished and a multi-year training plan is developed and implemented.
Additional types of training include, but are not limited to, the following:
• Developing/enhancing systems to monitor training programs
• Conducting all hazards emergency management training
• Attending Emergency Management Institute(EMI)training or delivering EMI train-the-trainer courses
• Attending other FEMA-approved emergency management training
• Mass evacuation training at local, State, and tribal levels
Allowable training-related costs include the following:
• Funds Used to Develop, Deliver, and Evaluate Training. Includes costs related to administering the
training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment.
Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any
gaps in these skills. Any training or training gaps, including those for children and individuals with
disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the training
cycle.
• Overtime and Backfill.The entire amount of overtime costs, including payments related to backfilling
personnel, which are the direct result of attendance at FEMA and/or approved training courses and
programs are allowable. These costs are allowed only to the extent the payment for such services is in
accordance with the policies of the State or unit(s)of local government and has the approval of the State or
the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an
16
employee of a unit of government may not receive compensation from their unit or agency of government
AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may
benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, hotel)are allowable as expenses by employees who
are on travel status for official business related to approved training.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full-or part-time staff may be hired to
support direct training-related activities. Payment of salaries and fringe benefits must be in accordance with
the policies of the State or unit(s) of local government and have the approval of the State or awarding
agency, whichever is applicable.
• Certification/Recertification of Instructors. Costs associated with the certification and re-certification of
instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to
ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is
particularly important for those courses which involve training of trainers.
D. Exercises
Exercises implemented with grant funds should evaluate performance of the capabilities required to achieve
exercise objectives. Exercise activities should align to a current, Multi-Year TEP developed through an annual
TEPW. Further guidance concerning the TEP and the TEPW can be found at https.11hseep.dhs.gov. Grantees
are encouraged to develop exercises that test their EOP in accordance with the EMPG Program Priority
requirements.
All EMPG Program funded personnel are REQUIRED to participate in no less than three exercises in a
12 month period. One real world event can count towards meeting this requirement. (see Attachment
D,#2)
Allowable exercise-related costs include:
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise.This includes costs related to
planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and
documentation. Grantees are encouraged to use free public space/locations/facilities, whenever available,
prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and
validate skills learned, as well as to identify any gaps in these skills. Any exercise or exercise gaps,
including those for children and individuals with disabilities or access and functional needs, should be
identified in the AAR/IP and addressed in the exercise cycle.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full-or part—time staff may be hired to
support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the
policies of the State or unit(s)of local government and have the approval of the State or the awarding
agency, whichever is applicable. The services of contractors/consultants may also be procured to support
the design, development, conduct and evaluation of exercises.
• Overtime and Backfill.The entire amount of overtime costs, including payments related to backfilling
personnel, which are the direct result of time spent on the design, development and conduct of exercises
are allowable expenses. These costs are allowed only to the extent the payment for such services is in
accordance with the policies of the State or unit(s) of local government and has the approval of the State or
the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an
employee of a unit of government may not receive compensation from their unit or agency of government
AND from an award for a single period of time(e.g., 1:00 p.m. to 5:00 p.m.), even though such work may
benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, hotel)are allowable as expenses by employees who
are on travel status for official business related to the planning and conduct of the exercise activities
• Supplies. Supplies are items that are expended or consumed during the course of the planning and
conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment)
• Implementation of HSEEP.This refers to costs related to developing and maintaining a self-sustaining
State HSEEP which is modeled after the national HSEEP
• Other Items.These costs are limited to items consumed in direct support of exercise activities such as the
rental of space/locations for planning and conducting an exercise, rental of equipment, and the
procurement of other essential nondurable goods. Grantees are encouraged to use free public
space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive
17
practices and the provision of reasonable accommodations and modifications that facilitate full access for
children and adults with disabilities.
Unauthorized exercise-related costs include:
• Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction
vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that
are reimbursable are fuel/gasoline or mileage.
• Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct
(e.g., electronic messaging signs)
• Durable and non-durable goods purchased for installation and/or use beyond the scope of exercise
conduct
E. Equipment
Allowable equipment categories for the EMPG Program are listed on the web-based version of the Authorized
Equipment List(AEL) on the Responder Knowledge Base(RKB), which is sponsored by FEMA at
http://www.rkb.us. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA-
adopted standards to be eligible for purchase using these funds. In addition, counties will be responsible for
obtaining and maintaining all necessary certifications and licenses for the requested equipment.
The select allowable equipment includes equipment from the following AEL categories:
• Information Technology(Category 4)
• Cyber-Security Enhancement Equipment(Category 5)
• Interoperable Communications Equipment(Category 6)
• Detection Equipment(Category 7)
• Power Equipment(Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11)
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment(Category 14)
• CBRNE Logistical Support Equipment(Category 19)
• Other Authorized Equipment(Category 21)
In addition to the above, general purpose vehicles (such as sports utility vehicles)are allowed to be procured in
order to carry out the responsibilities of the EMPG Program. If State agencies and/or local governments have
questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their
contract manager who will coordinate with the FEMA Regional Program Analyst for clarification.
F. Management and Administration (M&A)
M&A activities are those defined as directly relating to the management and administration of EMPG Program
funds, such as financial management and monitoring. It should be noted that salaries of State and local
emergency managers are not typically categorized as M&A, unless the State or local EMA chooses to assign
personnel to specific M&A activities.
II. EHP
Recipients must comply with all applicable EHP laws, regulations, and Executive Orders(EOs) in order to draw
down their FY 2013 EMPG Program grant funds. Any project with the potential to impact natural resources or
historic properties cannot be initiated until FEMA has completed the required FEMA EHP review. Recipients
that implement projects prior to receiving EHP approval from FEMA risk de-obligation of funds. For these types
of projects, Recipients must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form
024-0-01) and submit it, with all supporting documentation to their Contract Manager. Recipients should submit
the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The
Screening Form must be submitted prior to funds being expended. Refer to IBs 329, 345, and 356 (located at
http://www.fema.gov/government/grant/bulletinslrindex.shtm)
18
The following types of EMPG projects are to be submitted to FEMA for compliance review under EHP laws and
requirements prior to initiation of the project:
■ Any involvement with the installation of equipment,
■ Ground-disturbing activities,
■ New construction (installation and renovation), including communication towers, or
modification/renovation of existing buildings or structures
■ Proposed construction or renovation projects that are part of larger projects funded from a non-FEMA
source(such as an EOC that is part of a larger proposed public safety complex)
■ Renovation of and modification to buildings and structures that are 50 years old or older
■ Any other construction or renovation efforts that change or expand the footprint of a facility or
structure including security enhancements to improve perimeter security
■ Physical Security Enhancements, including but not limited to:
• Lighting
• Fencing
• Closed-circuit television (CCTV) systems
• Motion detection systems
• Barriers, doors, gates and related security enhancements
■ Field based training and exercises including activities that involve ground disturbance, use of
explosives, toxic agents or otherwise have the potential to cause impact to the environment or
historical resources. This is only a requirement if the exercise or field training is not being conducted
by a certified professional or at an existing facility with established procedures.
■ Communication tower projects
The following activities do not require the submission of the FEMA EHP Screening Form: planning and
development of policies or processes; management and administration; classroom-based training; table top
exercises and functional exercises; and, acquisition of mobile and portable equipment(no installation).
All recipients of financial assistance will comply with the requirements of the NEPA, as amended, 42 U.S.C.
§4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment,
including protection against natural disasters. To comply with NEPA for its grant-supported activities, DHS
requires the environmental aspects of construction grants (and certain non-construction projects as specified by
the component and awarding office)to be reviewed and evaluated before final action on the application.
For more information on FEMA's EHP requirements, see Informational Bulletins below"
• Information Bulletin 329, Environmental Planning and Historic Preservation Requirements for Grants,
available at http://www.fema.gov/pdf/government/grant/bulletins/info329.pdf;
• Information Bulletin 345, Programmatic Environmental Assessment, available at
http://www.fema.gov/pdf/government/grant/bulletins/info345.pdf; and
• Information Bulletin 356, EHP Screening Form, available at
http://www.fema.gov/pdf/government/grant/builetins/info356.pdf.
III. Construction and Renovation
Construction and renovation activities for a local government's EOC as defined by the SAA are allowable under
the EMPG Program.
Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or
renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC
Investment Justification (FEMA Form 089-0-0-3; OMB Control Number; 1660-0124 (available through ND
grants) to their Grant Program Manager for review. Additionally, grantees are required to submit a SF-424C
Budget and Budget detail citing the project costs.
When applying for funds to construct communication towers, grantees and sub-grantees must submit evidence
that the FCC's Section 106 review process has been completed and submit all documentation resulting from
that review to GPD prior to submitting materials for EHP review. Grantees and sub-grantees are also
encouraged to have completed as many steps as possible for a successful EHP review in support of their
19
proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic
preservation issues and to discuss the potential for project effects, compliance with all State and EHP laws and
requirements). Projects for which the grantee believes an Environmental Assessment(EA) may be needed, as
defined in 44 CFR 10.8 and 10.9, must also be identified to the FEMA Program Analyst within six months of the
award and completed EHP review materials must be submitted no later than 12 months before the end of the
period of performance. EHP review packets should be sent to gpdehpinfo(a-),fema.gov.
EMPG Program grantees using funds for construction projects must comply with the Davis-Bacon Act(40
U.S.C. 3141 et seq.). Grant recipients must ensure that their contractors or subcontractors for construction
projects pay workers employed directly at the work-site no less than the prevailing wages and fringe benefits
paid on projects of a similar character. Additional information, including Department of Labor(DOL)wage
determinations, is available from the following website:
http://www.dol.gov/complianceAaws/comp-dbra.htm.
IV. Maintenance and Sustainment
The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement
costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise noted.
EMPG Program grant funds are intended to support the NPG and fund activities and projects that build and
sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover
from those threats that pose the greatest risk to the security of the Nation. In order to provide grantees the
ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to
Expedite the Expenditure of Certain DHS/FEMA Grant Funding)allows for the expansion of eligible
maintenance and sustainment costs which must be in 1) direct support of existing capabilities; (2) must be an
otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities
in the five mission areas contained within the National preparedness Goal, and (4) shareable through the
Emergency Management Assistance Compact. Additionally, eligible costs must also be in support of
equipment, training, and critical resources that have previously been purchased with either Federal grant or any
other source of funding other than DHS/FEMA preparedness grant program dollars.
Unallowable Costs
• Expenditures for weapons systems and ammunition
• Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public
safety duties or to supplant traditional public safety positions and responsibilities
• Activities unrelated to the completion and implementation of the EMPG Program
In general, recipients should consult with their contact manager; who will coordinate with the FEMA Regional
Program Analyst prior to making any Investment that does not clearly meet the allowable expense criteria
established in this Guidance.
0
Attachment D
Deliverables
The objective of this funding is to assist in providing operating support for the areas outlined in
Attachment B and C to maintain a county emergency management program. The objective is to help fund
the county Emergency Management programs and maintain a 24-7 (this includes on-call coverage) daily
response to county emergencies. The minimum acceptable standard for payment is a twelve month 24-7
operation. Emergency Management operation below the minimum standard will result in a prorated
reduction in payment.
In addition,the County is to achieve the following emergency management goals throughout the contract
period to ensure county compliance and coordination with the state emergency management. Items listed
below are to be reviewed during the mid-year and end-of year progress report prepared in conjunction with
the Division's Regional Coordinator to ensure county compliance. Any two goals in the series of 1 to 3 not
completed will cause a 5% reduction in the last quarter payment. Documentation supporting the
completion of the goals outlined below should be submitted on the Quarterly Financial report.
1. COORDINATION AND COLLABORATION - Utilizing the below elements, county emergency
management agencies will have an ongoing process that provides for coordinated and collaborated input in
the preparation, implementation, evaluation and revision of emergency management programs. See Data
Download and Upload details in#3 below.
• Recipient will need to attend at least the Regional Training and Exercise Planning (TEP)Workshop and
provide an agenda or a copy of the certificate to show participation in the following during this contract
period (July 1, 2013—June 30, 2014):
2. TRAINING AND EXERCISE-To ensure that each county emergency management agency is in
compliance with EMPG Guidance, each EMPG funded position during this contract period (July 1, 2013—
June 30, 2014) shall provide the following items. See Data Download and Upload detail in#3 below.
• Participate in no less than three (3)exercises within the 12 month Agreement period
• Submit an After Action Report(AAR)for each exercise conducted by the Recipient and/or provide
sufficient exercise documentation (i.e., sign in sheet, certificate, etc.) for participation in each exercise
not conducted by the Recipient
• Complete: IS 100, 200, 700, 800 and the Professional Development Series
3. NIMSCAST- National Incident Management System (NIMS) is a requirement to receive Federal
preparedness assistance, through grants, contracts, and other activities. Each grantee will submit annually
the NIMSCAST Tool, which is the evaluation matrix. The Tool includes instructions to complete the self-
assessment. This will be completed by September 30, 2013 via NIMSCAST. This objective will be reviewed
by the NIMS Coordinator and submitted to the contract managers.
4. DATA DOWNLOAD AND UPLOAD— Data exchange between the Division and counties will be facilitated
by the use of the Division's Sharepoint Portal available at https://Portal.floridadisaster.orq. Counties will be
provided user names and passwords to access the portal. All data, forms, templates and instructions to be
provided by the Division will be made available via the portal, and counties shall use the portal to upload
data or provide notice of"No Change"for applicable items.
1
Attachment E
Reports
A. Recipient shall provide the Division with quarterly financial reports, mid-year and end-of-year summary
progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out
report. Reporting Forms are located in Attachment K and can be found on the Division internet site.
B. The Recipient shall provide the Division with full support documentation (per information bulletin#
341)for the quarterly financial reports. To eliminate large files and mailings,the Division will
accept back up documentation on a CD if desired by the Recipient.
• Organizational Activities: Includes salaries and expenses (depending upon eligibility). Supply
copies of timesheets documenting hours worked and proof employee was paid (i.e., earning
statements/payroll registries). Copies of invoices and canceled checks related to these services.
• Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices, checks and canceled checks and copies of planning
materials and work products (i.e., meeting documents, copies of completed plans (if submission of
plans is for the Division then only need to provide date of submission and who submitted plan/product
to), etc.).
• Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices, checks and canceled checks and a copy of the
agenda, sign in rosters and any training materials provided.
• Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices, checks and canceled checks and a copy of the
agenda, sign in rosters and any exercise materials provided.
• Equipment Acquisition Costs: Copies of Invoices/receipts, checks and canceled checks. AEL#for
each purchase.
• Management and Administrative Costs: Supply copies of timesheets documenting hours worked
and proof employee was paid (i.e., earning statements/payroll registries).
• For travel and conferences related to EMPG activities, copies of all receipts must be submitted
(i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be
itemized and match the dates of travel/conference. If conference, a copy of the agenda must be
provided. Proof of payment is also required for all travel and conferences.
• Copies of the general ledger each quarter should also be provided.
C. Quarterly financial reports are due to the Division no later than thirty days after the end of each
quarter of the program year; and shall continue to be submitted each quarter until submission of
the final close-out report. The ending dates for each quarter of this program year are September 30,
December 31, March 31 and June 30.
D. The Staffing Detail and Exercise Detail Form (Form 3) is due every quarter with your quarterly
financial report(for EMPG funded employees only). This is to identify all EMPG funded employees,
the required training completed and the required amount of exercises during the agreement period
by those employees.
E. The final close-out report is due forty-five days after termination of this Agreement.
F. If all required reports prescribed above are not provided to the Division or are not completed in a manner
acceptable to the Division, the Division may withhold further payments until they are completed or may take
such other action asset forth in Paragraphs (10), (11) and (12) of this Agreement. "Acceptable to the
Division" means that the work product was completed in accordance with generally accepted principles,
guidelines and applicable law, and is consistent with the Scope of Work.
G. Mid-Year and End-of-Year summary progress reports are to be scheduled and reviewed by the Division's
Regional Coordinator and submitted to the contract manager.
22
Attachment F
Program Statutes, Regulations and Special Conditions
1) 53 Federal Register 8034
2) 31 U.S.C. §1352
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR
Part 66, Common rule
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order
11593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
14) 42 USC 3789(d), or Victims of Crime Act(as appropriate);
15) Title VI of the Civil Rights Act of 1964, as amended;
16) Section 504 of the Rehabilitation Act of 1973, as amended;
17) Subtitle A, Title II of the Americans with Disabilities Act(ADA) (1990);
18) Title IX of the Education Amendments of 1972;
19) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
20) 28 CFR Part 42, Subparts C,D,E, and G
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
22) Chapter 252, Florida Statutes
23) Rule Chapters 2713-6, 2713-11, and 2713-19, Florida Administrative Code
24) 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
25) 44 CFR, Part 302
26) 48 CFR, Part 31
27) OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133
Special Conditions
1. The Recipient shall comply with the most recent version of the Administrative Requirements, Cost
Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to Department
of Homeland Security grants are listed below:
A. Administrative Requirements
44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110)
B. Cost Principles
2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-
87)
• 2 CFR Part 220, Cost Principles for Educational Institutions(OMB Circular A-21)
0 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122)
23
• Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures,
Contracts with Commercial Organizations
C. Audit Requirements
• OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations
2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in
support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of
government, without the express prior written approval of FEMA.
3. The recipient agrees that all allocations and uses of funds under this grant will be in accordance with the
FY 2013 Emergency Management Performance Grants Program Guidance and Application Kit.
4. The recipient shall not undertake any project having the potential to impact Environmental or Historical
Preservation (EHP) resources without the prior approval of FEMA, including but not limited to
communications towers, physical security enhancements involving ground disturbance, new construction,
and modifications to buildings, structures and objects that are 50 years old or older, and purchase and use
of sonar equipment. Recipient must comply with all conditions placed on the project as the result of the
EHP review. Any change to the approved project scope of work will require re-evaluation for compliance
with these EHP requirements. If ground disturbing activities occur during project implementation, the
recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are
discovered, the recipient will immediately cease construction in that area and notify FEMA and the
appropriate State Historic Preservation Office. Any construction activities that have been initiated without
the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for
FEMA funding.
24
Attachment G
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance,indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of$ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff,award benefits to clients,duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance,complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three Months of
(list applicable line items) Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item,provide a detailed justification explaining the need for the cash
advance. The justification must include supporting documentation that clearly shows the advance will be expended
within the first ninety(90)days of the contract term. Support documentation should include quotes for purchases,
delivery timelines,salary and expense projections,etc.to provide the Division reasonable and necessary support that
the advance will be expended within the first ninety(90)days of the contract term. Any advance funds not expended
within the first ninety(90)days of the contract term shall be returned to the Division Cashier,2555 Shumard Oak
Boulevard,Tallahassee,Florida 32399, within thirty(30)days of receipt,along with any interest earned on the
advance)
25
Attachment H
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall
be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and
invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards
shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous
to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements
that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or
offers may be rejected when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award,
or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient.
26
Attachment I
Certification Regarding
Debarment,Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
27
Attachment J
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646)which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by(b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
28
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act(as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act(ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for$500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act(P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
29
Attachment K
Reporting Forms
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM-BASE GRANT
Quarterly Financial Report(Form 1):
1. These reports must be completed in full on a quarterly basis and be submitted no later than 30 days after the end of each quarter.
QUARTERLY FINANCIAL REPORTS MUST BE SUBMITTED ON A QUARTERLY BASIS EVEN IF YOU ARE NOT CLAIMING ANY
EXPENDITURES.
Quarterly Financial Report(Form 1)and Detail of Claims(Form 2):
1. These forms are to be submitted quarterly. Complete Quarterly Financial Report by entering all information needed for reimbursement.
2. The Detail of Claims form must accompany the Quarterly Financial Report.
3. The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority.
4. Claims are to be submitted to the following address:
DIVISION OF EMERGENCY MANAGEMENT
2555 SHUMARD OAK BOUEVARD
TALLAHASSEE, FLORIDA 32399-2100
Attn: (Contract Manager's name)
Staffing Detail and Exercise Detail -(Form 3):
1. The Staffing Detail and Exercise Detail Form is due every quarter with your quarterly financial report. This is to identify all EMPG funded
employees,the required training completed by those employees and the required amount of exercises that the EMPG funded employee has to
participate in each quarter.
2013 EMPG-FUNDING OPPORTUNITY ANNOUNCEMENT(FOA)
2. All EMPG funded personnel shall participate in three exercises of any type(e.g. Drills,Tabletop Exercises,Functional),within a 12-month period.
Please note that response to any real-world events within a 12-month period may fulfill a single,quarterly exercise requirement.
3. Target Training and Verify Capability of Personnel.Training activities supported with EMPG Program funds should strategically align to the NPG
core capabilities identified in the Multi-Year TEP.To ensure the development of a professional emergency management workforce all EMPG
Program funded personnel shall complete the following training requirements and record proof of completion.
NIMS Training:IS 100; IS 200; IS 700;and IS 800; FEMA Professional Development Series: IS 120;IS 230; IS 235; IS 240; IS 241;IS 242;and
IS 244. Previous versions of the IS courses meet the NIMS training requirement.A complete list of Independent Study Program Courses may be
found at http://training.fema.govAs.
Close Out Report-(Form 4):
1. Close Out Reports are due forty-five(45)days after the contract end date.
2. The agreement cannot be considered closed until the Close Out Report has been received.
Documentation of project expenditures:
1. Grantees must maintain documentation of expenditures for a minimum period of five years following the close of project/program operations
unless audits require a longer period of time.
2. Grantees should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the grantee
during the grant period. Documentation of expenditures against the program will be reviewed and verified upon receipt by DEM staff. Acceptable
documentation includes copies of purchase orders and paid vouchers,paid invoices or cancelled checks,payroll vouchers,journal transfers,etc.
These documents should be submitted when requesting reimbursement.
3. In order to document hours worked on the program by permanent or temporary staff,the grantee may use its own time and attendance forms. A
Staffing Detail Worksheet is also required to identify positions being funded by the agreement.
4. All claims for reimbursement of expenditures must be submitted on the approved DEM Quarterly Financial Reporting forms. Claims not submitted
on the proper form cannot be processed and will be returned for corrections Forms must be submitted with original signatures.
IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY,PLEASE FIND THEM ON OUR WEBSITE AT
http://www.floridadisaster.org/grants/index.htm OR NOTIFY YOUR CONTRACT MANAGER
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT
QUARTERLY FINANCIAL REPORT
FORM 1
GRANTEE: Claim#
County Name:
Address: (Select the quarter of submission)
QUARTERLY REPORTING DUE DATES
July 1 —September 30—Due no later than October 31
Point of Contact: October 1—December 31-Due no later than January 31
Telephone#: January 1—March 31—Due no later than April 30
AGREEMENT# April 1-June 30—Due no later than July 31
THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY
CUM.FUNDS REMAINING
CUMULATIVE TOTAL ALLOCATED CURRENT CLAIM EXPENDED BALANCE
1. Organizational Costs
2. Planning Costs
3.Training Costs
4. Exercise Costs
5. Equipment Costs
6. Management and Administration Costs
(limited to 5%of the total award)
TOTAL $0.00 $0.00 $0.00
TOTAL AMOUNT TO BE PAID ON THIS INVOICE $0.00
EMPG MATCH
Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-federal funds. NOTE: If the
amount entered below is NOT EMPA,provide appropriate back-up/supporting documentation.
MATCH EMPA LOCAL OTHER NON-FEDERAL
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Signed:
Grantee Contract Manager or Financial Officer Date
QUARTERLY STATUS REPORT
This information below is required EACH QUARTER. This information MUST be clearly linked
to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK.
Report event,progress,delays,etc.,that pertain to this project(i.e.,incidents,activities,meetings,reporting training and/or exercises)
(Attach additional page(s)if needed.)
THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT
Total EMPG(Federal)Amount
Prior Payments
This Payment
,Unexpended Funds
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Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT
CLOSE-OUT REPORT
FORM 4
This form should be completed and submitted to the Division no later than forty-five(45)days after the termination date of
the Agreement.
Grantee Agreement No.
Address Agreement Amount
City and State Agreement Period
Payments Received Under this Agreement
(Include any advanced funds and final requested payment)
y category-I otal contract
Cost Categories Expenditures Date Amount
1.Organizational Activities
1
2.Planning Activities
2
3.Training Costs
3
4.Exercise Costs
4
5.Equipment Acquisition Costs
5
6.Management and
Administration Costs
6
Total
$0.00 Total 7 $0.00
Agreement Amount
Minus Total Payments
(Including final requested funds—Line 7)
Unspent balance
Refund and/or final interest checks are due no later than ninety
(90)days after the expiration of the Agreement.
Make checks payable to:
Cashier,Division of Emergency Management
I hereby certify that the above costs are true and valid costs incurred in
accordance with this Agreement.
Mail To:
Division of Emergency Management Signed
2555 Shumard Oak Boulevard Grantee Contract Manager or Financial Officer
Tallahassee,Florida 32399-2100
Attn: (contract manager) Date