HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-064TR #12502
June 1, 2014
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2014— (0
-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA APPROVING ASUB-GRANT
AGREEMENT FOR 2013-2014 STATE HOMELAND SECURITY
GRANT PROGRAM (SHSGP), EXPENDITURE OF LOCAL
GOVERNMENT UNIT FUNDING FOR SUSTAINMENT AND
MAINTENANCE OF THE MUTUAL AID RADIO
COMMUNICATIONS (MARC) UNIT, WITH THE STATE OF
FLORIDA, DEPARTMENT OF FINANCIAL SERVICES, DIVISION
OF EMERGENCY MANAGEMENT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to support the
Statewide Mutual Aid Plan designed to enhance operations in times of disaster; and
WHEREAS, the Federal government has made funding available to the State of
Florida to enhance emergency response; and
WHEREAS, the State of Florida has purchased and distributed a number of Mutual
Aid Radio Communications (MARC) units within the State; and
WHEREAS, the State of Florida, Department of Financial Services, Division of
Emergency Management is administering Federal Sub -Grants through a Sub -Grant
Agreement for expenditures of local government unit funding and sustainment funds for
maintenance of the Mutual Aid Radio Communications (MARC) Units referred to as the
"Agreement" and attached hereto as EXHIBIT 1; and
TR #12502
June 1, 2014
Page 2
WHEREAS, the State of Florida has identified Tamarac as a strategically important
location for MARC deployment
and agreed to
reimburse
Tamarac with the sustainment funds
allocated for reimbursement in
the amount not
to exceed
$26,000.00; and
WHEREAS, the City of Tamarac will deploy the unit as directed by the State EOC,
State Fire Marshal or Regional Domestic Security Task Force during an activation of the
Statewide Mutual Aid Plan; and
WHEREAS, the City of Tamarac agrees to maintain training of their personnel and
team preparedness and availability to respond and to be a regional and Statewide response
asset; and
WHEREAS, the Fire Chief and the Purchasing and Contracts Manager recommend
entering into this Agreement to accept the Sub -Grant funding; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the
best interest of the citizens and residents of the City of Tamarac to accept Sub -Grant
reimbursement funding in the amount not to exceed $26,000.00 from the State of Florida,
Department of Financial Services, Division of Emergency Management, for services and
deliverables as outlined in Attachment A of the Sub -Grant Agreement (Exhibit 1).
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
TR #12502
June 1, 2014
Page 3
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution. All
Attachments hereto are expressly incorporated herein and made a part hereof.
SECTION 2:
The City Commission of the City of Tamarac hereby approves the
federally funded Sub -Grant Agreement with the State of Florida, Department of Financial
Services, Division of Emergency Management, to accept and receive Sub -Grant
reimbursement funding to provide services and deliverables for the sustainment, .operations
and maintenance of the MARC Unit.
SECTION 3: The appropriate City officials are hereby authorized to execute the
Agreement (attached hereto as Exhibit 1).
SECTION 4: The appropriate City Officials are hereby authorized to amend the grants
fund budget through May 31, 2015 to include said funds in accordance with proper
accounting procedures.
SECTION 5: All Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
TR #12502
June 1, 2014
Page 4
SECTION 7: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this ) 500q
day of )2014.
HARRY DRESSLER, MAYOR
ATTEST:
PATRICIA TEUFEL, C
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER 'J�
DIST 1: COMM. BUSHNELL. 41z-*v
DIST 2: VICE MAYOR GOMEZ�
DIST 3: COMM. GLASSERe44
DIST 4: COMM. PLACKO 1,4�
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
V.
AASAMUEL S. GOREN
CITY ATTORNEY
EXHIBIT 1
TEMP RESO#12502
Contract Number: 14DS-L5-11-16-01-
CFDA Number 97.067
FEDERALLY -FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered. into by the State of Florida,.Division of Emergency Management,
with head,qua., ers in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Tamarac,
(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 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 LAW S. RUL.ES., 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 D.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties whichever is later, and shall
end May 31, 2011 unless terminated earlier in accordance with the provisions of Paragraph (12) of this
Agreement.
4 � F CONTRACT
IU1�D1,_, FIC,ATION 4_
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-1.02, "Common Rule: Uniform Administrative Requirements for Grants and
C.00'perativet Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular
No. A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
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Principles for State, Local and Indian Tribal Governments," OMB Circular No. A-21, "Cost Principles for
Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Non-profit Organizations."
(b). The Recipient shall retain sufficient records to show its compliance with the terms of
IN
s Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, fora 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 extended for the, following exceptions:
1. 'Jf 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
clos
ing, on the transferof -title.
The Recipient `shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work - Attachment A and 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 agent's. "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.
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(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. AA, 33, 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
hftD://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 tlescribed 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 tothe=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,
`OY 1f 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: _tat: The 1PA shall::state: that the audit complied with the applicable provisions noted above. The
audit must be received- by they Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to '.any other information. requested by the Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
(c) The close-out report is due 45 days after termination of this Agreement or 45 days
after completion of the aptivities 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, "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
_ required by the Division.
The- Racipiet shall provide, additional reports as requested y the Divisio
n.
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(8) ,MSC ,NITGRING.
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 activi# in.Attachment A and 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
(e} Unless Recipient is a State agency or subdivision, as defined in Section 768.28,
Stat., the. Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
FI . Stat:, agrees to.be full res onsib.le 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. Sta . 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) DEFA
if
: "Events of Default"), all obligations on the
any of the' following events''occur.� 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
. p p
fails to:keep or perform any of the obligations, terms or covenants in this Y
or an Agreement previous
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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
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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 orthe 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;
Exercise (f) any other rights or remedies which may be available under law.
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(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division:for any. other default by: the Recipient.
(12)� TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 1.19, Fla. Stat., .as amended.
{b) The Division may
. y 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:
Carolyn Washington, Community Assistance Consultant
EOC/Division of Emergency Management
2555 Shumard Oak Boulevard, Room 120D
:. Telephone: (850) 410-1271
Fax: (850) 922-8689
Email: Carolyn.washinaton,D-em.myflorida.com
(c The name and addressRepresentative of the ofth Recipient responsible
for the
- administration of this Agreement is:
Telephone:
Fax:
Email:
(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 -ag-rees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For ..each subcontract, the Recipient shall- provide a written statement to the Division as to
whether that ubcontractor. is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attafchments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget
Attachment B — Scope of Work
Attachment C -.Deliverables
ttachment D —Program Statutes and Regulations
Attachment E — Justification of Advance Payment
Attachment F — Warranties and Representations
E:1
(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 26000,
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
'Fla','.;,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-1101 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 E. Attachment E will specify the
amou payment
. . nt of advance ay needed,and, provide an explanation of the necessity for and proposed use of
these funds. No- advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A and B of this Agreement.
(d);. Invoices .shall be submitted at least quarterly and shall include the supporting
documentatio n 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
submit#aYof quarterly invoices shall be. submitted to the Division- grant manager as part of the Recipient's
quarterly reporting as referenced in Paragraph 7 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds .shall terminate, and the Recipient shall submit its closeout report within thirty
days of 'receiving notice _from the .Division.
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, interest earned on all funds received under this Agreement, within ninety (90)
s -day of the exp iration 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 May 31, 2016, 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.
(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. ta., 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 thirt days wi itt p
y y en nonce to the Reci lent, 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
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shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) ' Any. power of approval or disapproval granted to the Division under the terms of this
-Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on
tho basin of disability in employment, public accommodations, transportation, State and local government
services, and `telecorrrmunications:
(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 $25,000M 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, orwoluntanly 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.
11
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 G) 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
contractVith 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.
Q) Any bills for travel expenses shall be submitted in accordance. with Section 112.061,
FSt,t: 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.
(�
1f the Recipient is allowed to temporarily invest any advances of funds under this
Agreement; any interest: income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
"INA"The-Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the:- INA'.., Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat. with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the- public in accordance -frith Chapter 119, Fla. St
(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)* 140`fund.s 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.
Thi 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 is-exting 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
13
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 it's governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient.to the terms of this Agreement.
(23)' ASSURANC, ES1
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
14
RECIPIENT: CITY OF TAMARAC
Name and Title: MtLoc ('w l-c frAfe CAW**a.
c '04
Date: �o-
GRANT MANAGER M1 G � a e l �re
By:
15
M ASS TO LEGAL FORM
bfKC� OF TH
DATED:
ORNEY
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 ageny: U., Departrn.ent of Homeland
Security/Federal Emergency
Management Agency
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $26,000
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
44-CFR,,(Code of Federal. Regulations) Part 13 `(Common Rule)
OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program;
List applicable compliance requirements as .follows:
1. Recipient is to use funding to perform the following eligible activities as identified in the United
States Department of Homeland Security, Federal Emergency Management Agency, and
National Preparedness Directorate Fiscal Year 2013 Homeland Security Grant Program (HSGP),
consistent with the Department of Homeland Security State Strategy.
2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement,
or will be in. violation of the terms of the Agreement.
NOTE:'$ection .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.
16
ATTACHMENT A
Proposed Program Budget
Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the
"Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below.
The equipment category will require a "Detailed Budget Worksheet" including the proposed equipment to be purchased and the
corresponding Authorized Equipment List (AEL) reference number. The AEL can be found at www.rkb.us.
The transfer of funds between the categories listed in the "Proposed Program Budget" is permitted. However, the transfer of funds
between Issues is strictly prohibited.
At the discretion of the Recipient, funds allocated to Management and Administration costs (as described in the "Proposed Program
Budget') may be put towards Programmatic costs instead. However, no more than 3% of each Recipients' total award may be
expended on Management and Administration costs.
17
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as
described in the "Proposed Program Budget".
If any changes need to be made to the "Budget Detail Worksheet", after the execution of this agreement, contact the grant manager
listed in this agreement via email or letter.
Developing, Delivering, and Evaluating Training
Overtime and backfill for emergency preparedness and response
personnel attending FEMA-sponsored and approved training classes.
Overtime and backfill expenses for part-time and volunteer emergency
1
1000
1000
17
response personnel participating in FEMA training.
Training Workshops and Conferences
1
1000
1000
17
Activities to achieve training inclusive of people with disabilities
Full or Part -Time Staff or Contractors/Consultants
Certification/Recertification of Instructors
Travel
1
500
500
17
Supplies
1
250
250
17
Tuition for higher education
Other items
1
250
250
17
A complete list of FEMA approved courses may be found at www.o8l2.usdol.gov/FEMA/docs/Eligible Federal Courses.adf
Design, Develop, Conduct and Evaluate an Exercise 1000
Exercise Planning Workshop - Grant funds may be used to plan and
conduct an Exercise Planning Workshop to include costs related to
planning, meeting space and other meeting costs, facilitation costs,
materials and supplies, travel and exercise plan development.
Full or Part -Time Staff or Contractors/Consultants - Full or part-time
staff may be hired to support exercise -related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of
the state or local unit(s) of government and have the approval of the
state or the awarding agency, whichever is applicable. The services of
contractors/consultants may also be procured to support the design,
development, conduct and evaluation of CBRNE exercises. The
applicant's formal written procurement policy or the Federal Acquisition
Regulations (FAR) must be followed.
Overtime and backfill costs — Overtime and backfill costs, including
expenses for part-time and volunteer emergency response personnel
1000
participating in FEMA exercises
Implementation of HSEEP
Activities to achieve exercises inclusive of people with disabilities
Receive e
her Items
Prcise nla
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uevelopment of operating plans for information collection and
processing necessary to respond to DHSIODP data calls.
Costs associate with achieving emergency management that is
inclusive of the access and functional needs of workers and
citizens with disabilities.
overtime and backfill costs — Overtime expenses are defined as the
result of personnel who worked over and above their normal schedule
Daily or weekly worked time in the performance of FEMA — approved
activities. Backfill Costs also called "Overtime as Backfill" are defined ;
9xpenses from the result of personnel who are working overtime in
nrrinr fn Mnrf^rrv% ♦ha Ae d-lee. r.f o6k fte MCMe►Ar.MAI ...h.. .,.., �...•r.........,.il..
an increase vi run — i ime aquivaient kr i r-s) employees. i nese
are allowed only to the extent the payment for such services is i
accordance with the policies of the state or unit(s) of local gover
and has the approval of the state or the awarding agency, whin
applicable. In no case is dual compensation allowable. That is,
ar►�rinven of r, ion;# n-F rNw r%^# rei+sive eer�r�ere.��i�►
M
period of time (e.g., 1:00 pm to 5:00 pm), even though such work may
benefit both activities. Fringe benefits on overtime hours are limited to
Federal Insurance Contributions Act (FICA), Workers' Compensation
and Unemployment Compensation.
Travel expenses
(Meeting -related expenses (For a complete list of allowable meeting -
related expenses, please review the OJP Financial Guide at
http://www.ojp.usdoj.gov/FinGuide).
Acquisition of authorized office equipment, including personal
computers, laptop computers, printers, LCD projectors, and other
equipment or software which may be required to support the
implementation of the homeland security strategy.
The following are allowable only within the contract period:
• Recurring fees/charges associated with certain equipment, such as
cell phones, faxes, etc.
• Leasing and/or renting of space for newly hired personnel to
administer programs within the grant program.
TOTAL BUDGET $261000.00
21
ATTACHMENT B
Scope of Work
Funding is provided to perform eligible activities as identified in the Domestic Homeland Security —Federal Emergency Management Agency
National Preparedness Directorate Fiscal Year 2013 Homeland Security Grant Program (HSGP), consistent with the Department of Homeland
Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below:
I. Issue and Project Description
Issue 17 — Fire Rescue MARC Sustainment - Prepare for terrorism response missions;
The MARC teams and equipment supports the continuous flow of critical information between multi jurisdictional and multi-
disciplinary emergency responders by providing mobile and portable field communications capability.
II. Categories and Eligible Activities
FY2013 allowable costs are divided into the following categories: training, exercise and equipment & management and
administration cost are allowable cost. Each category's allowable costs have been listed in the "Budget Detail Worksheet" above.
A. Equipment Acquisition
The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards
for FY 2013 HSGP are listed on the web -based version of the Authorized Equipment List (AEL) on the Responder
Knowledge Base (RKB), at https: //www. rkb. us. Unless otherwise stated, equipment must meet all mandatory regulatory
and/or DHS-adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for
obtaining and maintaining all necessary certifications and licenses for the requested equipment.
The equipment, goods, and supplies ("the eligible equipment") purchased with funds provided under this agreement
are for the purposes specified in "Florida's Domestic Security Strategy". Equipment purchased with these funds
will be utilized in the event of emergencies, including, but not limited to, terrorism -related hazards. The sub -
recipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an
emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed location
within two (2) hours of a request for said deployment. The Florida Division of Emergency Management (FDEM)
must approve any purchases of equipment not itemized in a project's approved Initial Strategic Implementation Plan
(ISIP) in advance of the purchase.
The sub -recipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose
as specified in the "Florida Domestic Security Strategy," ensure that all equipment purchased with these funds is
used to respond to any and all incidents within its regional response area as applicable for so long as this Agreement
remains in effect. Prior to requesting a response, the FDEM will take prudent and appropriate action to determine
that the level or intensity of the incident is such that the specialized equipment and resources are necessary to
mitigate the outcome of the incident.
The sub -recipient shall notify the FDEM Office of Domestic Preparedness at 2555 Shumard Oak Blvd., Tallahassee,
Florida 32399 one year in advance of the expiration of the equipment's posted shelf -life or normal life expectancy or
when it has been expended. The sub -recipient shall notify the FDEM immediately if the equipment is destroyed,
lost, or stolen.
The sub -recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of
the eligible equipment without the prior written consent of the FDEM.
B. Management and Administration - no more than 3% of each sub -recipient's total award may be expended on
Management and Administration costs.
Hiring of full-time or part-time staff or contractors/consultants:
• To assist with the management of the respective grant program
• To assist with application requirements
• To assist with the compliancy with reporting and data collection requirements
Development of operating plans for information collection and processing necessary to respond to
FEMA data calls
Overtime costs - Overtime are allowable for personnel to participate in information, investigative, and intelligence sharing
activities specifically related to homeland security and specifically requested by a Federal agency. Allowable costs are
limited to overtime associated with federally requested participation in eligible fusion activities including anti -terrorism
task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by Maritime
Transportation Security Act of 2002), DHS Border Enforcement Security Task Forces, and Integrated Border Enforcement
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Teams. Grant funding can only be used in proportion to the Federal man-hour estimate, and only after funding for these
activities from other Federal sources (i.e. FBI JTTF payments to State and local agencies) has been exhausted. Under no
circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal
source.
Operational overtime costs. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and
preventing acts of terrorism, operational overtime costs are allowable for increased security measures at critical
infrastructure sites. FY 2013 SHSP or IASI funds for organizational costs may be used to support select operational
expenses associated with increased security measures at critical infrastructures sites in the following authorized categories:
• Backfill and overtime expenses (as defined in FOA) for staffing State or Major Urban Area fission
centers;
• Hiring of contracted security for critical infrastructure sites;
• Public safety overtime (as defined in FOA)
• Title 21 or State Active Duty National Guard deployments to protect critical infrastructure sites,
including all resources that are part of the standard National Guard deployment package); and
• Increased border security activities in coordination with CPB, as outlined in Information Bulletin
135.
FY 2013 SHSP funds may only be spent for operational overtime costs upon prior approval provided in writing by the
FEMA Administrator.
Travel expenses
Meeting -related expenses (For a complete list of allowable meeting -related expenses, please review the OR
Financial Guide at http://vwvw.oip.usdoi.-gov/FinGuide).
Acquisition of authorized office equipment, including:
• Personal computers
• Laptop computers
• Printers
• LCD projectors, and
Other equipment or software which may be required to support the implementation of the homeland
security strategy
The following are allowable only within the period of performance of the contract:
• Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc.
• Leasing and/or renting of space for newly hired personnel during the period of performance of the grant program
C. Unauthorized Expenditures
• Activities unrelated to the completion and implementation of the grant program
• Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs
• Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders,
and may not be used to hire staff for operational activities or backfill. Funds cannot not replace (supplant) funds that
have been appropriated for the same purpose.
D. Construction and Renovation
Project construction using SHSP and UASI funds may not exceed the greater of $1,000,000 or 15% of the grant award.
For the purposes of the limitations on funding levels, communications towers are not considered construction.
Written approval must be provided by FEMA prior to the use of any HSGP funds for construction or renovation. When
applying for construction funds, including communications towers, at the time of application, grantees are highly
encouraged to submit evidence of approved zoning ordinances, architectural plans, any other locally required planning
permits and documents, and to have completed as many steps as possible for a successful EHP review in support of their
proposal for funding (e.g., completing the FCC's Section 06 review process for tower construction projects; coordination
with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for
project effects). Projects for which the grantee believes and 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 (6) months of the award and
completed EHP review packets must be submitted no later than 12 months before the end of the Period of Performance.
EHP review packets should be sent by the SAA to FEMA for review.
FEMA is legally required to consider the potential impacts of all HSGP projects on environmental resources and historic
properties. Grantees must comply with all applicable environmental planning and historic preservation (EHP) laws,
regulations, and Executive Orders (EOs) in order to draw down their FY 2013 HSGP grant funds. To avoid unnecessary
delays in starting a project, grantees are encouraged to pay close attention to the reporting requirements for an EHP review.
For more information on FEMA's EHP requirements please refer to Bulletins 329 and 345
(http://www.fema.p,ov/p-ovemment/p-rant/bulletins/indes.shtm).
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FY 2013 HSGP 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 wage determinations, is available from the following
website: http://www.dol.gov/compliance/laws/comp-dbra,htm.
In addition, the erection of communications towers that are included in a jurisdiction's interoperable communications plan
is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be
submitted to FEMA for EHP review. Per the Consolidated Security, Disaster Assistance, and Continuing Appropriations
Act of 2009 (Public Law 110-329), communications towers are not subject to the$], 000, 000 construction and renovation
cap.
Approval Process:
In order for grantees to drawdown funds for construction and renovation costs, the grantee must provide the Division with:
• A description of the asset or facility, asset location, whether the infrastructure is publicly or privately owned, and the
construction or renovation project;
• Certification that a facility vulnerability assessment has been conducted
• An outline addressing how the construction or renovation project will address the identified vulnerabilities from the
assessment
• Consequences of not implementing the construction or renovation project
• Any additional information requested by FEMA to ensure compliance with Federal environmental and historic
preservation requirements
Additional information may also be found on the FEMA's website located at httP. //www. fema.gov/plan/ehp/.
Note: Written approval must be provided by FEMA prior to the use of any funds for construction or renovation.
E. Overtime and Backfill Guidance
Personnel (SHSP and UASI) — Personnel hiring, overtime, and backfill expenses are permitted under this grant in order to
perform allowable FY 2013 HSGP planning, training, exercise, and equipment activities. A personnel cost cap of up to 50
percent (50%) of the total SHSP and UASI program funds may be used for personnel and personnel -related activities as
directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security
Act (Public Law 110-412). Grantees who wish to seek a waiver from the personnel cost cap must provide documentation
explaining why the cap should be waived; waiver requests will be considered only under extreme circumstances. In
general, the use of SHSP and UASI funding to pay for staff and/or contractor regular time or overtime/backfill is
considered a personnel cost.
For further details, please refer to Information Bulletin 358.
FY 2013 HSGP funds may not be used to support the hiring of any personnel for the purposes of fulfilling traditional
public health and safety duties or to supplant traditional public health and safety positions and responsibilities.
Definitions for hiring, overtime, and backfill-related overtime, and supplanting remain unchanged from FY 2011 HSGP.
F. National Incident Management System (NIMS) Implementation
HSPD-5, "Management of Domestic Incidents," mandated the creation of NIMS and the National Response Plan (NRP).
NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic
incidents, regardless of cause, size, or complexity. To promote interoperability and compatibility among Federal, State,
local, and tribal capabilities, NIMS includes a core set of guidelines, standards, and protocols for command and
management, preparedness, resource management, communications and information management, supporting
technologies, and management and maintenance of NIMS. The NRP, using the template established by NIMS, is an all -
discipline, all -hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential
Incidents of National Significance, which are major events that "require a coordinated and effective response by an
appropriate combination of Federal, State, local, tribal, private sector, and nongovernmental entities."
The NIMS Integration Center (NIC) recommends 38 NIMS Compliance Objectives for nongovernmental organizations
that support NIMS implementation. These activities closely parallel the implementation activities that have been required
of State, territorial, tribal, and local governments since 2004 and can be found at
www.fema.goy/pdf/emergency/nims/ngo fs.pdf. To integrate nonprofit organizations into the broader national
preparedness effort, DHS encourages grantees to consider pursuing these recommended activities.
Additionally, nongovernmental organizations grantees and sub -grantees will be required to meet certain NIMS compliance
requirements. This includes all emergency preparedness, response, and/or security personnel in the organization
participating in the development, implementation, and/or operation of resources and/or activities awarded through this
grant must complete training programs consistent with the NIMS National Standard Curriculum Development Guide.
Minimum training includes IS-700 NIMS: An Introduction. In addition, IS-800.a NRP: An Introduction, Incident
Command System (ICS-100), Incident Command System (ICS-200), Intermediate Incident Command System (G-300), and
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Advanced Incident Command System (G-400) are also recommended. For additional guidance on NIMS training, please
refer to http://www.fema.gov/emergency/nims/nims trainin .sg htm.
Additional information about NIMS implementation and resources for achieving compliance are available through the
NIMS Integration Center (NIC), at hqp://www.fema.gov/emergency/nims/.
III. Reporting Requirements
1. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, June
30, September 30 and December 30) for the life of this contract.
• If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's
reporting is current.
• If a report goes 2 consecutive quarters without Recipient providing information in the narrative
portion of the Quarterly Status Report, Report will be denied until narrative is provided; also
financial reimbursements will be withheld until the required information has been submitted.
Programmatic Reporting Schedule
Reporting
Period
Report due to DEM no later than
January 1 through
March 31
Aril 30
April 1 through
June 30
July 31
July 1 through September 30
October 31
October 1 through
December 31
January 31
2. Programmatic Reporting-BSIR
Biannual Strategic Implementation Report:
After the end of each reporting period, for the life of the contract unless directed otherwise, the SAA, will
complete the Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT)
https://www.rVorting.odp.dhs.-ov. The reporting periods are January 1-June 30 and July 1-December 31.
Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be
withheld if these reports are delinquent.
3. Reimbursement Requests:
A request for reimbursement may be sent to your grant manager for review and approval at anytime during the
agreement period. The Recipient should include the category's corresponding line item number in the "Detail
of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be
included for every dollar amount listed in the "Detail of Claims" form.
4. Close-out Programmatic Reporting:
The Close-out Report is due to the Florida Division of Emergency Management no later than 45 calendar days
after the agreement is either completed or the agreement has expired.
5. Monitoring:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through
various funding sources including federal grant funds. The Florida Division of Emergency Management (FDEM) has a responsibility to
track and monitor the status of grant activity and items purchased to ensure compliance with applicable SHSGP grant guidance and
statutory regulations. The monitoring process is designed to assess a recipient agency's compliance with applicable state and federal
guidelines.
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Monitoring is accomplished utilizing various methods including desk monitoring and on -site visits. There are two primary areas
reviewed during monitoring activities - financial and programmatic monitoring. Financial monitoring is the review of records associated
with the purchase and disposition of property, projects and contracts. Programmatic monitoring is the observation of equipment
purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during
this process.
Desk monitoring is the review of projects, financial activity and technical assistance between FDEM and the applicant via e-mail and
telephone. On -Site Monitoring are actual visits to the recipient agencies by a Division representative who examines records, procedures
and equipment.
Frequency of annual monitoring activity:
Each year the FDEM will conduct monitoring for up to 50% of their sub -grantees. It is important to note that although a given grant has
been closed, it is still subject to either desk or on -site monitoring for a five year period following closure.
Areas that will be examined include:
Management and administrative procedures;
Grant folder maintenance;
Equipment accountability and sub -hand receipt procedures;
Program for obsolescence;
Status of equipment purchases;
Status of training for purchased equipment;
Status and number of response trainings conducted to include number trained;
Status and number of exercises;
Status of planning activity;
Anticipated projected completion;
Difficulties encountered in completing projects;
Agency NIMSACS compliance documentation;
Equal Employment Opportunity (EEO Status);
Procurement Policy
FDEM may request additional monitoringlinformation if the activity, or lack thereof, generates questions from the region, the sponsoring
agency or FDEM leadership. The method of gathering this information will be determined on a case -by -case basis.
Desk monitoring is an on -going process. Recipients will be required to participate in desk top monitoring on an annual basis and as
determined by the FDEM. This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if
the FDEM determines that a recipient is having difficulty completing their project.
As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email.
Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of
the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the
FDEM for assistance. Examples of TA include but are not limited to:
«6 Equipment selection or available vendors
Eligibility of items or services
Coordination and partnership with other agencies within or outside the region or discipline
26
k Record Keeping
+4k Reporting Requirements
Documentation in support of a Request for Reimbursement
On -Site Monitoring will be conducted by the FDEM or designated personnel. On -site Monitoring visits will be scheduled in advance
with the recipient agency POC designated in the grant agreement.
The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the
capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of
a peer review as needed.
All findings related to the capability review will be documented and maintained within the FDEM.
On -site Monitoring Protocol
On -site Monitoring Visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal
year (FFY). Site visits may be combined when geographically convenient. There is a financial and programmatic on -site monitoring
checklist to assist in the completion of all required tasks.
Site Visit Preparation
A letter will be sent to the recipient agency Point of Contact (POC) outlining the date, time and purpose of the site visit before the
planned arrival date.
The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder.
The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the
address should be documented in the grantee folder before the site visit.
On -Site Monitoring Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site
visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain
their objectives and will proceed to perform the financial review.
FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a
tour/visual/spot inspection of equipment will be conducted.
Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal
(information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements. The serial
number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capitol
expenditures in excess of $1,000. per item).
If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that
particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then
conduct an exit conference with the grantee to review the findings.
Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment,
questions, etc.
27
A.
B.
Post Monitorine Visit
FDEM personnel will review the on -site monitoring review worksheets and backup documentation as a team and discuss the events of
the on -site monitoring.
Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and
corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will be
generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM.
Noncompliance on behalf of sub -grantees is resolved by management under the terms of the Sub grant Agreement.
The On -Site Monitoring Worksheets, the monitoring report and all back up documentation will then be included in the grantee's file.
Programmatic Point of Contact
Contractual Point of Contact
Carolyn Washington
FDEM
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850) 410-1271
Contractual Responsibilities
Programmatic Point of Contact
Felicia Pinnock
FDEM
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850) 410-3457
Felicia.pinnock@em.myflorida. com
• The FDEM shall determine eligibility of projects and approve changes in scope of work.
• The FDEM shall administer the financial processes.
W
ATTACHMENT C
Deliverables
State Homeland Security Program (SHSP): SHSP supports the implementation of risk driven,
capabilities -based State Homeland Security Strategies to address capability targets set in Urban
Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs).
The capability levels are assessed in the State Preparedness Report (SPR) and inform
planning, organization, equipment, training, and exercise needs to prevent, protect against,
mitigate, respond to, and recover from acts of terrorism and other catastrophic events.
In addition, the Recipient is to complete the following issues as described below throughout the
agreement period to ensure compliance and coordination with the Homeland Security Grant
Program. Items listed below are to be reviewed quarterly to ensure recipients'
compliance. Documentation supporting the completion of the issues outlined below shall be
submitted along with the Quarterly Financial report.
Issue 17 — Fire Rescue MARC Sustainment - Prepare for terrorism response missions;
The MARC teams and equipment supports the continuous flow of critical information
between multi -jurisdictional and multi -disciplinary emergency responders by providing
mobile and portable field communications capability.
• (3) MARC, EDICS, COM-L, COM-T Training - $3,000.00
• Service and Maintenance Contract - $20,000.00
• (3) Local, Regional, and Statewide Exercise(s) - $3,000-00
29
Attachment D
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 27P-6, 27P-11, and 27P-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 (also known as the "A-102 Common Rule").
• 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)
• 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122)
011
C. Audit Requirements for State
• OMB Circular A-133, Audits of States, Local Governments and Non Profit Organizations
2. Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of FEMA.
3. The recipient agrees that all allocations and use of funds under this grant will be in accordance
with the FY 2013 Homeland Security Grant Program guidance and application kit.
4. The recipient shall not undertake any project having the potential to impact Environmental or
Historical Preservation (EHP) resources without the prior approval of FEMA, including but not
limited to communications towers, physical security enhancements involving ground disturbance,
new construction, and modifications to buildings, structures and objects that are 50 years old or
older, and purchase and use of sonar equipment. Recipient must comply with all conditions
placed on the project as the result of the EHP review. Any change to the approved project scope
of work will require re-evaluation for compliance with these EHP requirements. If ground
disturbing activities occur during project implementation, the recipient must ensure monitoring of
ground disturbance, and if any potential archeological resources are discovered, the recipient will
immediately cease construction in that area and notify FEMA and the appropriate State Historic
Preservation Office. Any construction activities that have been initiated without the necessary
EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA
funding.
5. The recipient is prohibited from obligation or expending Operation Stonegarden (OPSG) funds
provided through this award until each unique, specific or modified county level or equivalent
Operational Order/Frag Operations Order with embedded estimated operational budget has been
reviewed and approved through an official email notice issued by FEMA removing this special
programmatic condition. The Operations Order approval process/structure is as follows:
Operations Orders are submitted to (1) the appropriate Customs and Border Protection (CBP)
Border Patrol (BP) Sector Headquarters (HQ); upon approval by the Sector HQ, forwarded
through the Border Patrol Enforcement Transfer System (BPETS) system to (2) the OPSG
Coordinator, CPB/BP Washington, DC and upon approval forwarded to (3) Federal Emergency
Management Agency (FEMA), Grant Programs Directorate (GPD), Grant Development and
Administration Division (GD&A). Notification of release of programmatic hold will be sent by
FEMA via email to the State Administrative Agency (SAA) with a copy to OPSG Coordinator at
CBP/BP HQ, Washington, DC.
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Attachment E
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)
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Attachment F
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.
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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.
34
Attachment G
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
DEM Contract Number
Project Number
35
Attachment H
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.
36
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
37
Attachment I
Reimbursement Check List
Please Note: FDEM reserves the right to update this check list throughout the life of the grant to
ensure compliance with applicable federal and state rules and regulations.
Equipment
❑ 1. Have all invoices been included?
F-1 2. Has an AEL # been identified for each purchase?
F-1 3. If service/warranty expenses are listed, are they only for the performance period of the
grant?
F-� 4. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer
(EFT) confirmation, or P-Card back up documentation which will include receipt with
vendor, copy of credit card statement showing expense charged, and payment to credit
card company for that statement)
5. If EHP form needed - has copy of it and approval from State/DHS been included?
Planning
isultants/Contractors Note: this applies to contractors also billed under O anization
1. Does the amount billed by consultant add up correctly?
F-� 2. Has all appropriate documentation to denote hours worked been properly signed?
F-1 3. Have copies of all planning materials and work product (e.g. meeting documents, copies
of plans) been included? (If a meeting was held by recipient or contractor/consultant of
recipient, an agenda and signup sheet with meeting date must be included).
F-1 4. Has the invoice from consultant/contrator been included?
[_� 5. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer
(EFT) confirmation, or P-Card back up documentation which will include receipt with
vendor, copy of credit card statement showing expense charged, and payment to credit
card company for that statement).
F_� 6. Has Attachment G (found within Agreement with FDEM) been completed for this
consultant and included in the reimbursement package?
Salary Positions (Note: this applies to positions billed under M&A and Oraanization as well
F-1 1. Have the following been provided: signed time sheet by employee and supervisor and
proof that employee was paid for time worked (statement of earnings, copy of payroll
check or payroll register)? Has a time period summary sheet been included for total
claimed amount?
F-1 2. Does the back-up documentation provided match the time period for which
reimbursement is being requested?
Training
F-1 1. Is the course DHS approved? Is there a course or catalog number? If not, has FDEM
approved the non-DHS training? Is supporting documentation included your
reimbursement request?
F-� 2. Have sign -in sheets, rosters and agenda been provided?
F--] 3. If billing for overtime and/or backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at training, hourly rate and total amount paid to
each attendee? Have print outs from entity's financial system been provided as proof
W
attendees were paid? For backfill, has a clear delineation/cross reference been provided
showing who was backfilling who?
F7 4. Have the names on the sign -in sheets been cross-referenced with the names of the
individuals for whom training reimbursement costs are being sought?
r_J 5. Has any expenditures occurred in support of the training (e.g., printing costs, costs
related to administering the training, planning, scheduling, facilities, materials and
supplies, reproduction of materials, and equipment)? If so, receipts and proof of payment
must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation,
or P-Card back up documentation which will include receipt with vendor, copy of credit
card statement showing expense charged, and payment to credit card company for that
statement).
Exercise
F_� 1. Has documentation been provided on the purpose/objectives of the exercise? Such as,
SITMAN/EXPLAN.
F-1 2. If exercise has been conducted - has after -action report been included? Have sign -in
sheets, agenda, rosters been provided?
F__J 3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at exercise, hourly rate and total paid to each
attendee? Have print outs from entity's financial system been provided to prove
attendees were paid? For backfill, has a clear delineation/cross reference been provided
showing who was backfilling who?
F_� 4. Have the names on the sign -in sheets been cross-referenced with the names of the
individuals for whom exercise reimbursement costs are being sought?
F7 5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in
support of the exercise? If so, receipts and proof of payment must be submitted. (E.g.
canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up
documentation to include receipt with vendor, copy of credit card statement showing
expense charged, and payment to credit card company for that statement).
❑ 6. Has any expenditures occurred on rental of space/locations for exercises planning and
conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be
submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-
Card back up documentation to include receipt with vendor, copy of credit card statement
showing expense charged, and payment to credit card company for that statement).
Travel/Conferences
1. Have all receipts been turned in such as: airplane receipts, proof of mileage, toll receipts,
hotel receipts, car rental receipts, registration fee receipts and parking receipts? Are
these receipts itemized? Do the dates of the receipts match the date(s) of
travel/conference? Does the hotel receipt have a zero balance? If applicable, have a
travel authorization and travel reimbursement form been included to account for per
diem, mileage and other travel expenses which have been reimbursed to the traveler by
sub grantee?
2. If travel is a conference has the conference agenda been included?
3. Has proof of payment to traveler been included? (E.g. canceled check, Electronic Funds
Transfer (EFT) confirmation, or copy of payroll check if reimbursed through payroll).
39
Organization
1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee
names, department, and #of hours spent at EOC, hourly rate and total paid to each
attendee? Have print outs from entity's financial system been provided to prove
attendees were paid? For backfill, has a clear delineation/cross reference been provided
showing who was backfilling who?
Matchina Funds
r_� 1. Contributions are from Non Federal funding sources.
F� 2. Contributions are from cash or in -kind contributions which may include training
investments.
F-i 3. Contributions are not from salary, overtime or other operational costs unrelated to
training.
For All Reimbursements - The Final Check
1. Have Forms 3, 4a, 4b and 4c been completed and included with each request for
reimbursement?
r-I 2. Have the costs incurred been charged to the appropriate POETE category?
e 3. Does the total on Form 3 match the totals on Forms 4a, 4b and 40
4. Has Form 3 been signed by the Grant Manager?
F_� 5. Has the reimbursement package been entered into sub grantee's records/spreadsheet?
F__j 6. Have the quantity and unit cost been notated on Form 4b?