Subaward Agreement with Miami-Dade County (2) 26122- 2z23
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
OPERATION STONEGARDEN
SUBAWARD AGREEMENT
MIAMI-DADE COUNTY AND THE CITY OF MIAMI BEACH
Contract Number: R0401
FAIN: EMW-2021-SS-00056-S01
WHEREAS, Miami-Dade County (County), by and through its Miami-Dade Police
Department(MDPD), and the City of Miami Beach (City), by and through its Miami Beach
Police Department (MBPD), have a long history of partnering on a joint effort to secure
the United States borders along routes of ingress from international borders to include
travel corridors in states bordering Mexico and Canada, as well as states and territories
with international waters; and
WHEREAS, this collaborative effort is called Operation Stonegarden(OPSG): and
WHEREAS, OPSG is a federal grant program administered by the Federal
Emergency Management Agency (FEMA), a component of the U.S. Department of
Homeland Security(DHS), as part of the State Homeland Security Grant Program; and
WHEREAS, On September 1, 2021, the Florida Division of Emergency
Management, as the pass-through entity. sub-granted OPSG grant funds to the County,
via the MDPD, in the amount of $396,000.00, to continue OPSG efforts in the County:
and
WHEREAS, pursuant to Resolution No. R-682-21, adopted on July 20, 2021, the
County, by and through the MDPD, accepted awarded OPSG Program grant funds via
Federal Award Identification Number (FAIN) EMW-2021-SS-00056-S01; and
Page 1 of 9
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
WHEREAS, this Agreement is entered into by the County, through its police
department, the MDPD, and the City of Miami Beach, through its police department, the
MBPD, to share funding for the continuation of the OPSG Program, and
NOW,THEREFORE,BE IT KNOWN that the County and the City,in consideration
for mutual promises and covenants contained herein, agree to abide by fully and faithfully,
and be bound by the following terms and conditions:
I. PURPOSE
The goal of the OPSG Program is to provide funding for the enhanced
cooperation and coordination among state, local, tribal, territorial, and
federal law enforcement agencies to jointly enhance security along the
United States land and water borders.
II. SCOPE
This Agreement delineates the responsibilities and scope of work expected
for participation in FY21 OPSG Program, FAIN EMW-2021-SS-00056-S01.
Funds have been provided to the County by the State of Florida, Division of
Emergency Management Division (FDEM). The Division serves as the
pass-through entity for a federal award, and the County is the sub-recipient.
III. RESPONSIBILITIES OF THE COUNTY
The County, by and through the MDPD, agrees to:
A. Monitor the implementation of this agreement in accordance with grant
guidelines and requirements, that include, but are not limited to,
operational and administrative performance. fiscal management,
Page 2 of 9
DocuSign Envelope ID:5DEF5DBB-869E-4018-897C-3F31A0A26D3B
reporting, and other related grant requirements stipulated in
Attachment A.
B. Implement appropriate action as may be necessary to maintain grant
compliance.
C. Provide each partner agency with reporting deadlines and other
information required to participate in OPSG.
D. Comply with the requirements and statutory objectives as stipulated in
Attachment A.
E. Ensure satisfactory progress towards the goals and objectives
stipulated in Attachment A.
F. Follow grant agreement requirements and/or special conditions as
stipulated in Attachment A.
G. Review submitted reimbursement requests and Deliverable Reports in
accordance with the following Attachments: Division of Emergency
Management Financial History and Performance Tracking (Form 1A);
Quarterly Status Report(Form 1 B): Reimbursement Request(Form 2);
Detail of Claim (Form 3); Reimbursement Budget Breakdown (Form 4);
and Procurement Method Report (Form 5) to the MDPD's Fiscal
Administration Bureau.
H. Authorize the subaward of grant funds to the MBPD in an amount not
to exceed $7,395.82, pursuant to the terms of FY2021 OSPG Contract
Number R0401 awarded to the MDPD on September 1. 2021, from
FEMA, a component of DHS.
Page 3 of 9
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
I. Prepare and consolidate reports for submission to the State of Florida
as stipulated in Attachment A.
J. Make payments within 30 calendar days after receipt of the City's
reimbursement request, unless there is reason to believe that the
request is improper. If the request is found to be improper, it will be
returned to the City for revision. Upon submission of a revised
reimbursement request, a new 30-day calendar period will begin.
IV. RESPONSIBILITIES OF THE CITY
The City, by and through the MBPD, agrees to:
A. Provide an administrative liaison to coordinate financial and
programmatic compliance.
B. Abide by all grant requirements including but not limited to budget
authorizations. required accounting and reporting expenditures, proper
use of funds, and tracking of assets as stipulated in Attachment A.
C. Participate as a member of the OPSG Program, to include coordinating
with and assisting the MDPD in conducting all police operations.
D. Comply with the requirements and operational objectives of the OPSG
Program as stipulated in Attachment A.
E. Ensure satisfactory progress toward the goals or objectives as
stipulated in Attachment A.
F. Submit monthly reimbursement requests by the 10th day of the following
month, using the Reimbursement Request (Form 2, 3, 4 and 5) if an
expense has occurred.
Page 4of9
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
G. Provide quarterly financial and performance reports to the MDPD
detailing project progress, to include the direct purchase of equipment
or services as provided and stipulated in Attachment A, Financial
History and Performance Tracking (Form 1A); and Quarterly Status
Report(Form 1 B) by the 10th day of the following quarter.
H. Maintain an inventory of equipment purchased using OSPG awarded
funds.
I. Ensure that all equipment obtained using OPSG funds awarded under
Contract Number R0401, as identified in Attachment A, is readily
available for use by trained personnel only; and ensure that all
equipment purchased using OPSG funds awarded under Contract
Number R0401 is readily available for onsite monitoring by the DHS,
FDEM, and the County.
J. Assume full responsibility of equipment purchased using OPSG funds
awarded under Contract Number R0401, as identified in Attachment A.
Such responsibilities include but are not limited to equipment
maintenance and replacement, training of personnel, insuring
equipment and personnel, and complying with intra-agency auditing
requirements.
V. THE COUNTY AND CITY AGREE:
A. The funding acquired and identified for the OPSG Program will be
administered solely by the County via the MDPD.
Page 5 of 9
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
DocuSign Envelope ID:5DEF5DB8-869E-401B-897C-3F31A0A26D3B
B. The MBPD will provide financial and performance reports to the MDPD
in a timely fashion. The MDPD will prepare consolidated reports for
submission to the State of Florida as stipulated in Attachment A.
C. The County is not responsible for personnel salaries, benefits, workers
compensation or time related issues of the MBPD personnel.
D. All records received or created shall be made available at all reasonable
times for inspection, review, copying, or audit by MDPD, FDEM, DHS
or other persons as required by Florida law.
E. All financial commitments herein are made subject to the availability of
funds and the continued mutual agreements of the parties as identified
in Attachment A.
F. The OPSG is a reimbursement grant. As such, the City shall pay all
allowable expenditures in full prior to submitting requests for
reimbursement to the MDPD.
VI. AUDITS
A. The County and the City shall comply with the audit requirements
outlined in 2 G.F.R. 200, subpart F.
B. Should the City or County expend more than $750,000.00 in Federal
funds during a fiscal year, an organization-wide financial and
compliance audit report shall be submitted. The audit must be
performed in accordance with U.S. General Accounting Office
Government Auditing Standards and 2 C.F.R. 200.
Page 6 of 9
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
VII. INDEMNIFICATION
Each party to this Agreement agrees to assume responsibility for the acts,
omissions, or conduct of such party's own employees while participating
herein and pursuant to this Agreement, subject to the provisions of Section
768.28, Florida Statutes, where applicable. "Assume Responsibility" shall
mean incurring all costs associated with any suit, action, or claim for
damages arising from the performance of this Agreement.
VIII. NON-ASSIGNABILITY
Neither party shall assign any of the obligations or benefits of this
Agreement.
IX. TERM
This Agreement shall become effective on the date of execution by all
parties, and unless terminated or cancelled on an earlier date, will continue
through March 31, 2023, the date on which all reporting requirements as
detailed herein are due to the MDPD. This deadline may be extended if
authorized via a grant extension and executed in compliance with Section
X. below.
X. NOTICES
All notices to include invoices required or permitted under this Agreement
shall be in writing and delivered by personal service, mailing the same by
United States mail, or via electronic mail, addressed as follows:
If to the County: Alfredo Ramirez III, Director
Miami-Dade Police Department
9105 NW 25 Street
Dora!, Florida 33172
Page 7of9
Docu Sign Envelope ID:5DEF5DBB-869E-401 B-897C-3F31 A0A26D3B
With a copy to: Sergeant Samir Amado
Fiscal Administration Bureau
Miami-Dade Police Department
9105 NW 25 Street
Doral, Florida 33172
if to the City: Richard M. Clements, Chief
Miami Beach Police Department
1100 Washington Avenue
Miami Beach, Florida 33139
With a copy to: Name: Krystal Dobbins
Address: Grants Management Division—Finance Department
1700 Convention Center Drive
Miami Beach, Florida 33139
XI. AMENDMENTS
This Agreement may be amended as may be necessary, including to remain
consistent with OPSG requirements, amendments, or extensions. Such
amendments shall be made in writing and shall be effective only when
signed by all parties.
XII. CANCELLATION
This Agreement may be cancelled by either party upon providing 90
days written notice to the other party. Cancellation will be at the discretion
of the parties; in the case of Miami-Dade County, the Police Director and
County Mayor or the Mayor's designee are authorized to cancel this
Agreement.
Page 8 of 9
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their respective and duly authorized officers on the day and year
written below.
AGREED TO AND ACKNOWLEDGED BY:
FOR MIAMI-DADE COUNTY: JD PATTERSON
CHIEF PUBLIC SAFETY OFFICER
-Th MIAMI-DADE COUNTY.FL
2____ Q4,46 -. 2-I 1L42--
9api a Levine Cava, Mayor Date
Alfredo Ramirez III, Director Da e
Miami-Dade Police Department
ATTEST: ,,
c . .___.-3 —7) (-Y c ,
c.1//(
Harvey Ruvin, County Clerk Date
Miami-Dade County, Florida .
FOR THE CITY OF MIAMI BEACH: ` ,
A T. Hudak, City M nager Date
e-1...1),"„tc4.4A Cev,.....e _
414 (12--
Richard M. Clements, Chief Date
Miami Beach Police Department
c/.,,a,V ii i;`gip':' a`;,,
ATT
SEP � 'otay
2 12022 ;.,;
l.:rti `,7-
Rafael E. Granado, City Clerk Date y`
Miami Beach, Florida
APPROVED AS TO
FORM & LANGUAGE
Page 9of9 & FOR EXECUTION
3110Ak7)-
t:an,.v T Date
DocuSign Envelope ID:5DEF5DBB-869E-4018-897C-3F31A0A26D3B
Contract Number. R0401
FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R§200.1 states that a'subaward may be provided through any form of legal agreement,'including an
agreement that the pass-through entity considers a contrail'
As defined by 2 C.F.R.§200.1,'pass-through entity"means'a non-Federal entity that provides a subaward to a
Sub-Recipient to carry out part of a Federal program.'
As defined by 2 C.F.R.§200.1,'Sub-Recipient means'a non-Federal entity that receives a subaward from a
pass-through entity to carry out part of a Federal award."
As defined by 2 C.F.R.§200.1,'Federal award"means'Federal financial assistance that a non-Federal entity
receives directly from a Federal await:Mg agency or indirectly from a pass-through entity.'
As defined by 2 C.F.R§200.1,'subaward"means'an award provided by a pass-through entity to a Sub-
Recipient for the Sub-Recipient to carry out part of a Federal award recerved by the pass-through entity.'
The following information is provided pursuant to 2 C.F.R.§200.332
Sub-Recipients name: Miami Dade County
Sub-Recipients unique entity identifier 114276731
Federal Award Identification Number(FAIN): EMW-2021-S&00056S01
Federal Award Date: 9/1/2021—08/3112024
Subaward Period of Performance Start and End Date: DOE—03/31/2023
Amount of Federal Funds Obligated by this Agreement $396,000.00
Total Amount of Federal Funds Obligated to the Sub-Recipient $396,000.00
by the pass-through entity to include this Agreement
Total Amount of the Federal Award committed to the Sub-Recipient
by the pass-through entity S396.000.OQ
Federal award project description(see FFATA): See Article 1.Agreement Articles
Name of pass-through entity. FL Division of Emeroency Mgmt
Contact information for the pass-through entity: 2565 Shumard Oak Boulevard
Tallahassee.Florida 32399
Catalog of Federal Domestic Assistance(CDFA Number and Name 97.067-Homeland Security
Grant Program
Whether the award is R&D: N/A
Indirect cost rate for the Federal award: 21.40%
1
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,with
headquarters in Tallahassee, Florida(hereinafter referred to as the"Division"),and Miami Dade County
(hereinafter referred to as the"Sub-Recipient").
For the purposes of this Agreement,the Division serves as the pass-through entity for a Federal
award, and the Sub-Recipient serves as the recipient of a subaward.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
3. The State of Florida received these grant funds from the Federal government, and the
Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions
outlined below,and,
C. The Division has statutory authority to disburse the funds under this Agreement
THEREFORE,the Division aria the Sub-Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. §200.302 provides:'Each state must expend and account for the Federal award
in accordance with state laws and procedures for expending and accounting for the state's own funds.'
Therefore, section 215.971,Florida Statutes,entitled'Agreements funded with federal or state
assistance',applies to this Agreement
(2) LAWS, RULES,REGULATIONS AND POLICIES
a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R.Part
200 entitled'Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal
Awards.'
b. As required by Section 215.971(1), Florida Statutes,this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Sub-Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub-
Recipient fails to perform the minimum level of service required by the agreement
iv. A provision specifying that the Sub-Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
2
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded tc the
Division.
c. In addition to the foregoing,the Sub-Recipient and the Division shall be governed by
all applicable State and Federal laws,rules and regulations, including those identified in Attachment D.
Any express reference in this Agreement to a particular statute, rule,or regulation in no way implies that
no other statute,rule,or regulation applies.
(3) CONTACT
a In accordance with section 215.971(2),Florida Statutes,the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's Liaison with the Sub-Recipient As part of his/her duties,the Grant Manager
for the Division shall:
i. Monitor and document Sub-Recipient performance;and,
ii. Review and document all deliverables for which the Sub-Recipient requests
payment
b. The Division's Grant Manager for this Agreement is:
Chanda Jenkins
2555 Shumard Oak Boulevard
Tallahassee,Florida 32399
Telephone. (850)815-4342
Email:Chanda.Jenkins@ern.myforida-com
c. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is:
Sergeant Samir Arnado
Miami-Dade Police Department
9105 NW 72 Avenue, Doral, FL 33172
Telephone: 305-471-2501
Fax
Email: samado@mdpd.com
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 to the other party.
3
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts,any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement Changes
which are agreed upon shall be vafid only when in writing,signed by each of the parties,and attached to
the original of this Agreement
(7) SCOPE OF WORK
The Sub-Recipient shall perform the work in accordance with the Budget and Scope of
Work,Attachments A and B of this Agreement
(8) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and will end March 31,
2023 unless terminated earlier in accordance with the provisions of Paragraph(17)of this Agreement.
Consistent with the definition of'period of performance'contained in 2 C.F.R.§200.1,the term"period of
agreement'refers to the time during which the Sub-Recipient'may incur new obligations to carry out the
work authorized under'this Agreement In accordance with 2 C.F.R§200.1,the Sub-Recipient may
receive reimbursement under this Agreement only for'allowable costs incurred during the period of
performance." In accordance with section 215.971(1)(d), Florida Statutes,The Sub-Recipient may expend
funds authorized by this Agreement'only for allowable costs resulting from obligations incurred during°
the period of agreement
(9) FUNDING
a. This is a cost-reimbursement Agreement, subject to the availability of funds.
b. 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 either Chapter 216, Florida Statutes,or the Florida Constitution.
c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A and B of this Agreement("Budget and Scope of Work').
The maximum reimbursement amount for the entirety of this Agreement is$396,000.00.
d. As required by 2 C.F.R. §200.415(a),any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient,
which reads as follows: 'By signing this report, I certify to the best of my knowledge and belief that the
report s true,complete, and accurate,and the expenditures,disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false,fictitious,or fraudulent information,or the omission of arty material fact,may subject me to criminal,
4
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
civil or administrative penalties for fraud,false statements,false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).'
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment B,
that clearly delineates:
i. The required minimum acceptable level of service to be performed;and,
ii. The criteria for evaluating the successful completion of each deliverable.
f. The perfurinance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a'performance goer,which is defined in 2 C.F.R§200.1 as
'a target level of performance expressed as a tangible, measurable objective,against which actual
achievement can be compared.' It also remains consistent with the requirement,contained in 2 C.F.R.
§200.329,that the Division and the Sub-Recipient'relate financial data to performance goals and
objectives of the Federal award.'
g. If authorized by the Federal Awarding Agency,then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R.§200.430('Compensation—personal
services')and 2 C.F.R. §200.431 ('Compensation—fringe benefits'). tf the Sub-Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation,holiday,
illness,failure of the employer to provide sufficient work,or other similar cause(see 29 U.S.C.
§207(e)(2)),then the Division will treat the expense as a fringe benefit. 2 C.F.R.§200.431(a)defines
fringe benefits as'allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages.' Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law,Sub-Recipient-employee agreement, or an
established policy of the Sub-Recipient 2 C.F.R. §200.431(b)provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of author2ed absences from the job,
such as for annual leave,family-related leave,sick leave, holidays,court leave, military leave,
administrative leave, and other similar benefits,are allowable if all of the following criteria are met
i. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
awards; and,
ii. The accounting basis(cash or accrual)selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding Agency,then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R.§200.475. As required by the Reference
Guide for State Expenditures,reimbursement for travel must be in accordance with section 112.061,
Florida Statutes,which includes submission of the claim on the approved state travel voucher If the Sub-
Recipient seeks reimbursement far travel costs that exceed the amounts stated in section 112.061(6)(b),
5
DocuSign Envelope ID:5DEFSDBB-869E-401B-897C-3F31A0A26D38
Florida Statutes($6 for breakfast,$11 for lunch,and$19 for dinner),then the Sub-Recipient must provide
documentation that
i. The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipients written travel policy;and,
ii. Participation of the individual in the travel is necessary to the Federal award.
i. The Division's grant manager,as required by section 215.971(2)(c),Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient
j. As defined by 2 C.F.R§200.1.the term'improper payment'means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount(including overpayments and underpayments)under statutory,contractual,
administrative,or other legally applicable requirements;and,
f9. Any payment to an ineligible party,any payment for an ineligible good or
service, any duplicate payment,any payment for a good or service not received(except for such
payments where authorized by law),any payment that does not account for credit for applicable
discounts, and any payment where insufficient or tack of documentation prevents a reviewer from
disceming whether a payment was proper.
k. Any advance payment under this Agreement is subject to section 216.181(16),
Florida Statutes.The amount of advanced funds may not exceed the expected cash needs of Sub-
recipient within the first ninety(90)days of the term of this Agreement If an advance payment is
requested.the budget data on which the request is based,and a justification statement shall be included
with this Agreement as indicated in Attachment E,Justification of Advance Payment.Attachment E must
specify the amount of advance disbursement requested and provide an explanation of the npreq_sity for
and proposed use of the funds.
(10)RECORDS
a. As required by 2 C.F.R.§200.337,the Federal awarding agency, Inspectors General,
the Comptroller General of the United States,and the Division,or any of their authorized represei Itdtives,
shall enjoy the right of access to any documents, papers,or other records of the Sub-Recipient which are
pertinent to the Federal award,in order to make audits, examinations,excerpts,and transcripts. The right
of access also includes timely and reasonable arr.Qss to the Sub-Recipient's personnel for the purpose of
interview and dicriicsion related to such documents. Finally,the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b. As required try sections 20.055(6)(c)and 215.97(5)(b), Florida Statutes,the Division,
the Chief Inspector General of the State of Florida,the Florida Auditor General, or any of their authorized
representatives,shall enjoy the right of access to any documents,financial statements, papers, or other
records of the Sub-Recipient which are pertinent to this Agreement,in order to make audits,
6
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
examinations,excerpts, and transcripts. The right of access also includes timely and reasonable anee s
to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents.
c. As required by Florida Department of State's record retention requirements(Chapter
119,Florida Statutes)and by 2 C.F.R.§200.334,the Sub-Recipient shall retain sufficient records to show
its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement,for a period of five(5)years from the date of
submission of the final expenditure report. The following are the only exceptions to the five(5)year
requirement
i. If any litigation,claim, or audit is started before the expiration of the 5-year
period,then the records must be retained until all litigation,claims, or audit findings involving the records
have been resolved and final action taken.
ii. When the Division or the Sub-Recipient is notified in writing by the Federal
awarding agency,cognizant agency for audit,oversight agency for audit,cognizant agency for indirect
costs, or pass-through entity to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition.
iv. When records are transferred to or maintained by the Federal awarding
agency or pass-through entity,the 5-year retention requirement is not applicable to the Sub-Recipient
v. Records for program income transactions after the period of performance. In
some cases, recipients must report program income after the period of performance. Where there is such
a requirement the retention period for the records pertaining to the earning of the program income starts
from the end of the non-Federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
applies to the following types of documents and their supporting records: indirect cost rate computations
or proposals, cost allocation plans,and any similar accounting computations of the rate at which a
particular group of costs is chargeable(such as computer usage chargeback rates or composite fringe
benefit rates).
d. In accordance with 2 C.F.R.§200.335,the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that
the records possess long-term retention value.
e. In accordance with 2 C.F.R.§200.336,the Division must always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted,then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered,there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
7
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
f. As required by 2 C.F.R. §200.303(e), the Sub-Recipient shall take reasonable
measures to safeguard protected personally identifiable information and other information the Federal
awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive
consistent with applicable Federal,state, local,and tribal laws regarding privacy and obligations of
confidentiality.
g. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of arrncs to governmental proceedings and mandates three,
basic requirements: (1)meetings of public boards or commissions must be open to the public: (2)
reasonable notice of such meetings must be given; and,(3)minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity,standing alone. iq in_xi.rfficient to
bring that entity within the ambit of the open government requirements. However,the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies'performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity,then, to the extent that private entity is
performing that public purpose,the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds,then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department Thus,to the extent that the Government in the Sunshine Law applies to
the Sub-Recipient based upon the funds provided under this Agreement,the meetings of the Sub-
Recipients governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. These meetings shall be publicly
noticed,open to the public, and the minutes of all the meetings shall be public records,available to the
public in accordance with chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of arre s to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature,all materials made or received by a governmental agency(or a private
entity acting on behalf of such an agency)in conjunction with official business which are used to
perpetuate, communicate,or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements However,when a public entity delegates a public
function to a private entity,the records generated by the private entity's performance of that duty become
public records. Thus,the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is thercfure subject to the requirements of Florida's
Public Records Law.
i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement,including
documeltdtion of all program costs,in a form sufficient to determine compliance with the requirements
8
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
and objectives of the Budget and Scope of Work-Attachment A and B-and all other applicable laws and
regulations
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT: (850) 815-7671, Records@em.myflorida.com, or 2555 Shumard Oak
Boulevard, Tallahassee, FL 32399.
(11)AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement,the
Sub-Recipient shall follow Generally Accepted Accounting Principles('GAAP'). As defined by 2 C.F.R.
§200.1,GAAP'has the meaning specified in accounting standards issued by the Government Accounting
Standards Board(GASH)and the Financial Accounting Standards Board(FASB).'
c. When conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards('GAGAS"). As defined by 2
C.F.R §200.1,GAGAS,'also known as the Yellow Book,means generally accepted government auditing
standards issued by the Comptroller General cf the United States,which are applicable to financial
audits.'
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement,the Sub-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 Sub-Recipient of such non-
compliance.
e. The Sub-Recipient shall have all audits completed by an independent auditor,which
is defined in section 215.97(2)(i),Florida Statutes,as'an independent certifies public accountant licensed
under chapter 473." The independent auditor shall state that the audit complied with the applicable
provisions noted above. The audit must be received by the Division no later than nine months from the
end of the Sub-Recipient's fiscal year
f. The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200,by or on behalf of the Sub-Recipient,to the Division at the following
address:
DEMSingleAudit@em myficridacom
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
9
DocuSign Envelope ID 5DEF5DBB-869E-401B-897C-3F31A0A26D3B
g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC
to the Federal Audit Clearinghouse by submission online at
http.//harvester census.gcv/fac/collecf/ddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
DEMSingleAudit@em.myfloridacom
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(12)REPORTS
a. Consistent with 2 C.F.R. §200.328,the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report These reports shall include the current status and progree.b by
the Sub-Recipient and all subcontractors in completing the work described in the Scope of'vVork 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 thirty(30)days after the end of
each quarter of the program year and shall be sent each quarter until submission of the close-out report
The ending dates for each quarter of the program year are March 31,June 30, September 30, and
December 31.
c. The close-out report is due 60 days after termination of this Agreement or 30 days
after completion of the activities contained it 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,then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph(16)REMEDIES. "Acceptable to the Division"
means that the work product was completed in accordance with the Budget and Scope of Work.
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub-Recipient shall provide additional reports and information identified in
Attachment B.
(13)MONITORING.
a. The Sub-Recipient shall monitor its performance under this Agreement, as well as
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to
ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment B to this Agreement and reported in the
quarterly report.
10
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
b. In addition to reviews of audits,monitoring procedures may include, but not be limited
to, On-site visits by Division staff, limited scope aucits, and/or other procedures The Sub-Recipient
agrees to comply and cooperate with any monitoring procedures/proces ocs deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is
appropriate,the Sub-Recipient agrees to comply with any additional instructions provided by the Division
to the Sub-Recipient regarding such audit The Sub-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 Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
(14)LIABILITY
a. Unless Sub-Recipient is a State agency or subdivision,as defined in section
768.28(2), Florida Statutes.the Sub-Recipient is solely responsble tc parties it deals with in carrying out
the terms of this Agreement;as authorized by section 768.28(19), Florida Statutes, Sub-Recipient 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, Sub-Recipient agrees that it is not
an employee or agent of the Division but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision,as defined in section 768.28(2), Florida Statutes,agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division,and agrees to be liable for any damn eyes proximately caused by the acts or omissions to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub-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
(15)DEFAULT
If any of the following events rrnur("Events of Default'), all obligations on the part of the
Division to make further payment of funds shall terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph(16); 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 if
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub-
Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
11
DocuSign Envelope ID:5DEFSDBB-869E-401B-897C-3F31A0A26D3B
b. Material adverse changes occur in the financial condition of the Sub-Recipient at any
time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within
thirty days from the date written notice is sent by the Division:
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;or,
d. The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement
(16)REMEDIES
tf an Event of Default occurs,then the Division shall,after thirty calendar days written
notice to the Sub-Recipient and upon the Sub-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 Sub-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(3) 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 Sub-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 arty corrective or remedial actions,to include but not be limited to:
i. Request additional infoirnation from the Sub-Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
it Issue a written waming to advise that more sericus measures may be taken
if the situation is not corrected,
lii. Advise the Sub-Recipient to suspend,discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub-Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. The Division may Administratively close an Agreement The Division may use the
administrative close-out pror s when a Sub-Recipient is not responsive to reasonable efforts to collect
required reports needed to complete the standard close-cut process. The Division will make three written
attempts to collect required reports before initiating administrative dose-out in addition, if an agreement
is administratively dosed,the Division may decide to impose remedies for noncompliance per 2 C.F.R.
§200.339. consider this information in reviewing future award applications,or apply special conditions to
existing or future awards. If the Division needs to administratively close an agreement, this may
negatively impact a Sub-Recipients ability to obtain future funding.
12
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
g. Exercise any other rights or remedies which may be available under law.
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 Sub-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 Sub-Recipient
(17)TERMINATION
a. The Division may terminate this Agreement for cause after thirty days(30)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 Sub-Recipient to permit public access to any
document, paper, letter,or other material subject to disclosure under chapter 119, Florida Statutes,as
amended.
b. The Division may terminate this Agreement for cause after rejecting an appeal
submitted due to noncompliance, nonactivity, and/or a lack of expenditures for four(4) consecutive
quarterly reporting periods.
c. The Division may terminate this Agreement for convenience or when it determines,in
its sole discretion, that continuing the Agreement would not produce beneficial results in fine with the
further expenditure of funds, by providing the Sub-Recipient Mt thirty calendar days prior written notice.
d. 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
e. In the event that this Agreement is terminated,the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient The
Division may,to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18)PROCUREMENT
a The Sub-Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§§200.318 through 200.327 as well as Appendix II to 2 C.F.R Part 20C(entitled°Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards").
b. As required by 2 C.F.R §200.318O,the Sub-Recipient shall"maintain records
sufficient to detail the history of procurement. These records will include but are not necessarily limited to
the following: rationale for the method of procurement, selection of contract type,contractor selection or
rejection, and the basis for the contract price.'
13
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
C. As required by 2 C.F.R.§200.318(b),the Sub-Recipient shall°maintain oversight to
ensure that contractors perform in accordance with the terms,conditions, and specifications of their
contracts or purchase orders.' lr order to demonstrate compliance with this requirement, the Sub-
Recipient shall document,in its quarterly report to the Division,the progress of any and all subcontractors
performing work under this Agreement
d. Except for procurements by micro-purchases pursuant to 2 C.F.R.§200.320(a)(1)or
procurements by small purchase procedures pursuant to 2 C.F.R.§200.320(aX2), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement then the Sub-Recipient shall
forward to the Division a copy of any solicitation(whether competitive or non-competitive) at least ten(10)
days prior to the publication or communication of the solicitation. The Division shall review the solicitation
and provide comments,if any,to the Sub-Recipient within seven(7)business days. Consistent with 2
C.F.R. §200.325,the Division will review the solicitation for compliance with the procurement standards
outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent
with 2 C.F.R.§200.318(k),the Division will not substitute its judgment for that of the Sub-Recipient vvniie
the Sub-Recipient does nct need the approval of the Division in order to publish a competitive solicitation,
this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity
or service specifications. The Division's review and comments shall not constitute an approval of the
solicitation. Regardless of the Division's review,the Sub-Recipient remains bound by all applicable laws,
regulations, and agreement terms. If during its review the Division identifies any deficiencies,then the
Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the
seven(7)business day window outlined above. If the Sub-Recipient publishes a competitive solicitation
after receiving comments from the Division that the solicitation is deficient,then the Division may.
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph(17)above; and,
ii. Refuse to reimburse the Sub-Recipient for any costs associated with that
solicitation.
e. Except for procurements by micro-purchases pursuant to 2 C.F.R.§200.320(a)(1)or
procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any,to the Sub-Recipient within seven(7)
business days. Consistent with 2 C.F.R. §200.325,the Division will review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R §§200.318 through 200.327 as well as
Appendix II to 2 C.F.R Part 200. Consistent with 2 C.F.R§200.318(k),the Division will not substitute its
judgment for that of the Sub-Recipient While the Sub-Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement prors that led to the
14
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
subcontract The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review,the Sub-Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub-Recipient as quickly as possible within the seven (7)business
day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non-compliant,then the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above;and,
n. Refuse to reimburse the Sub-Recipient for any costs associated with that
subcontract.
f. The Sub-Recipient agrees to include in the subcontract that(1)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 Sub-Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of wcrk under this
Agreement,to the extent allowed and required by law. effected
g. As required by 2 C.F.R.§200.318(c)(1),the Sub-Recipient shall'maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection,award and adminishdtion of contrails.'
h. As required by 2 C.F.R§200.319(b)contractors that develop or draft specifications,
requirements,statements of work, or invitations for bids or requests for proposals must be excluded from
competing for such procurements.The Sub-Recipient or pass-thru entity must disclose to the Division, it
writing,any real or potential conflict of interest that may arise during the administration of the federal
award,as defined by federal statutes or regulations,or their own existing policies,within five(5)days of
learning of the conflict of interest'Conflict of interest'is considered as any situation where an employee,
officer,or agent, any members of his or her immediate family,or his or her partner has a close personal
relationship, business relationship,or professional relationship,with a recipient or subrecipient
i. As required by 2 C.F.R.§200.319(a),the Sub-Recipient shall conduct any
procurement under this agreement sir a manner providing full and open competition.' Accordingly,the
Sub-Recipient shall not
i. Place unreasonable requirements on firms in order for them to qualify to do
business:
n. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
v. Authorize,condone, or ignore organizational conflicts of interest,
15
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii. Specify a brand name product instead of describing the performance,
specifications,or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
viii. Engage in any arbitrary action during the procurement process;or,
ix Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications,requirements, statement of work, invitation to bid, or request for
proposals
1. '[E)xcept in those cases where applicable Federal statutes expressly mandate or
encourage'otherwise,the Sub-Recipient, as required by 2 C.F.R.§200.319(c), shall not use a
geographic preference when procuring commodities or services under this Agreement
k. The Sub-Recipient shall conduct any procurement involving invitations to bid(i.e.
sealed bids) in accordance with 2 C.F.R. §200.320(o)(1)as well as section 287.057(1)(a), Florida
Statutes.
I. The Sub-Recipient shall conduct any procurement involving requests for proposals
(Le.competitive proposals) in accordance with 2 C.F.R.§200.320(b)(2)as well as section 287.057(1)(b),
Florida Statutes.
m. For each subcontract,the Sub-Recipient shall provide information to the Division as
to whether that subconti actor is a minority business enterprise,as defined in Section 288.703, Florida
Statutes on the required Procurement Method Report(Form 5) Additionally the Sub-Recipient shall
comply with the requirements of 2 C.F.R.§200.321 ('Contracting with small and minority businesses,
women's business enterprises,and labor surplus area firms').
n. FEMA has developed helpful resources for Sub-Recipients using federal grant funds
for procurements. These resources are generally available at https://www.fema.gov'grants/procurement
FEMA periodically updates this resource page so please check back for the latest information. While not
all the provisions discussed in the resources are applicable to this subgrant agreement,the Sub-Recipient
may find these resources helpful when drafting its solicitation and contract for compliance with the
Federal procurement standards outlined in 2 C.F.R.§§200.318 through 200.327 as well as Appendix II to
2 C.F.R. Part 200.
(19)ATTACHMENTS AND EXHIBITS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments,the language of the attachments shall control,but only to the extent of
the conflict or inconsistency.
c. This Agreement has the following attachments:
Exhibit 1 -Funding Sources
16
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ii. Exhibit 2—Certification Regarding Telecommunications and Video
Restrictions
iii. Exhibit 3—Certification Regarding Lobbying
iv Attachment A—Program Budget
v. Attachment B—Scope of Work
vi. Attachment C—Deliverables and Performance
vii. Attachment D—Program Statutes and Regulations
viii. Attachment E—Justification of Advance Payment
ix. Attachment F—Warranties and Representations
x. Attachment G—Certification Regarding Debarment,Suspension, Ineligibility
and Voluntary Exclusion
X. Attachment H—Statement of Assurances
xii. Attachment I—Mandatory Contract Provisions
xiii. Attachment J—Financial and Program Monitoring Guidelines
xiv. Attachment K—EHP Guidelines
xv. Attachment L—Reimbursement Checklist
PAYMENTS
a. 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(9)b. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout
report within thirty days of receiving notice from the Division.
b. Invoices shall be submitted at east quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within thirty(30)
days after the expiration date of the agreement An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub-
Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement
c. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and,as
applicable, section 216.181(16), Florida Statutes.All requests for advance payments will be reviewed and
considered on a case-by-case basis.All advances are required to be held in an interest-bearing account
If an advance payment is requested,the budget data on which the request is based,and a justification
statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of
advance payment needed and provide an explanation of the necessity for and proposed use of these
funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on
a reimbursement basis as needed.
(20)REPAYMENTS
17
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
a. 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
b. In accordance with section 215.34(2), Florida Statutes,if a check or other draft is
returned to the Division for collection Suh-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.
(21)MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations,and matenals submitted or provided by the Sub-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 are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Sub-Recipient,cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub-Recipient
b. This Agreement shall be construed under the laws of the State of Florida,and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule,or is unenforceable,then the provision
shall be null and void to the extent of the conflict,and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement
d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public
Law 101-336,42 U.S.C. Section 12101 et seq.),which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations,transportation, State and local
government services and telecommunications.
e. Those who have been placed on the convicted vendor fist 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 tc
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 tamed business with any public entity in
18
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list
f. Any Sub-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:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency,
ii. 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;
Ili_ 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
(22)f. ii.of this certification; and,
iv. 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
g. If the Sub-Recipient is unable to certify to any of the statements in this certification,
then the Sub-Recipient shall attach an explanation to this Agreement.
h. In addition,the Sub-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 Sub-
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub-Recipient enters into a contract with any subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents,papers,letters or other material subject to the
provisions of chapter 119. Florida Statutes,which the Sub-Recipient created or received under this
Agreement
j. If the Sub-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
k. 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 Sub-Recipient of the employment provisions
19
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
I. Section 287.05805, Florida Statutes, requires that any state funds provided for the
purchase of or improvements to real property are contingent upon the contractor or political subdivision
granting to the state a security interest in the property at least to the amount of state funds provided for at
least 5 years from the date of purchase or the completion of the improvements or as further required by
law.
m Unless preempted by federal law,the Division may, at its option,terminate the
Contract if the Contractor is found to nave submitted a false certification as provided under sectior
287,135(5), F.S.,or been placed on the Srnttinbed Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or been engaged it
business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott
Israel List or is engaged in a boycott of Israel.
(23)LOBBY1NG PROHIBITION
a. 2 C,F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347,Florida Statutes, prohibits'any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature,the judicial
branch,or a state agency.'
c. No funds cr 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.
d. The Sub-Recipient certifies, by its signature to this Agreement,that to the best of his
or her knowledge and belief
i. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-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
ii. tf any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence ar 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 Sub-Recipient shall
complete and submit Standard Form-LLL. "Disclosure of Lobbying Activities."
20
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
iii. The Sub-Recipient shall require that this certification be included in the
award documents for all subawards(including subcontracts,subgrants, and contracts under grants,
bans,and cooperative agreements)and that all Sub-Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction ,mposed 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.
v. If this subgrant agreement amount is$100,000 or more,the Sub-Recipient,
and subcontractors,as applicable, shall sign Attachment M—Certification Regarding Lobbying.
(24)COPYRIGHT,PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA;AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA.
a If the Sub-Recipient has a pre-exsting patent or copyright,the Sub-Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement,or in any way connected with it,the Sub-Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals,films,or other copyrightable
material are produced,the Sub-Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State
of Florida.
c. Within thirty days of execution of this Agreement,the Sub-Recipient shall disclose ail
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 Sub-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 (24)b., have the right to all patents and
copyrights which accrue during performance of the Agreement.
d. If the Sub-Recipient qualifies as a state university under Florida law,then,pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub-
Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions,that is
inventors made jointly by one or more employees of both parties hereto,each party shall have an equal,
21
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable,fully-
paid, nonexclusive license,for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub-Recipient under this Agreement,for Florida
government purposes.
(25)LEGAL AUTHORIZATION
The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement The Sub-
Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-
Recipient to the terms of this Agreement.
(26)EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R.§60-1.4(b),the Sub-Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work,or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60,which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant,contract, loan,insurance,or guarantee,or undertaken pursuant to any
Federal program involving such grant,contract, loan, insurance,or guarantee,the following equal
opportunity clause_
During the performance of this contract,the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex,sexual
orientation, gender identity, or national origin. The contractor will take
affirmative action to ensure that applicants are employed,and that
employees are treated during employment without regard to their race,
color,religion, sex,sexual orientation,gender identity,or national origin.
Such action shall include, but not be limited to the following:
Employment,upgrading,demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
o. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor,state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion,sex,sexual orientation, gender identity,or
national origin.
iii. The contractor will not discharge or in any other manner
discriminate against any employee or applicant for employment because
such employee or applicant has inquired about, discussed,or disclosed
the compensation of the employee or applicant or another employee or
applicant This provision shall not apply to instances in which an
employee who has access to the compensation information of other
employees or applicants as a part of such employee's essential job
22
DocuSign Envelope ID:5DEF5DBB-869E-4018-897C-3F31 A0A26D3B
functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response tc a formal complaint
or charge, in furtherance of an investigation, proceeding,hearing, or
action,including an investigation conducted by the employer,or is
consistent with the contractor's legal duty to furnish information.
iv. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers'representatives of the contractors commitments under
this section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment
v. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965,and of the rules, regulations, and relevant
orders of the Secretary of Labor.
vi. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations,and orders of the Secretary of Labor,or pursuant thereto,
and will permit acrPss to his books,records,and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations,and
orders.
vii. In the event of the contractors noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations,or orders,this contract may be canceled,terminated,or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965,or by rule, regulation,or order of the
Secretary of Labor,or as otherwise provided by law. •
viii. The contractor will include the portion of the sentence
immediately preceding paragraph(1)and the provisions of paragraphs
(1)through (8) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965,so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions,including sanctions for noncompliance:
Provided, however,that in the event a contractor becomes involved in,or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work_ Provided, that if the applicant so par5cipating is a State or local government,the above equal
23
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract
c. The Sub-Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations,and relevant orders of the
Secretary of Labor, that it will furnish the administenng agency and the Secretary of Labor such
information as they may require for the supervision of such compliance,and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
d. The Sub-Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part ii,Subpart D of the Executive order. in
addition,the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings,the
administering agency may take any or all of the following actions: cancel,terminate,or suspend in whole
or in part this grant(contract, loan,insurance,guarantee); refrain from extending any further assistance to
the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory
nusurance of future compliance has been received from such Sub-Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPEtAND ANTi-KICKBACK ACT
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work,or modification thereof,
the following clause:
i_ Contractor. The contractor shall comply with 18 U.S.C. §874,
40 U.S.C. §3145,and the requirements of 29 C.F.R. pt 3 as may be
applicable,which are incorporated by reference into this contract
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require,and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract,and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. §5.12_
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract
that exceeds$100,000 and involves the employment of mechanics or laborers,then any such contract
24
DocuSign Envelope ID:5DEFSDBB-869E-401B-897C-3F31A0A26D3B
must include a provision for compliance with 40 U.S.C.3702 and 3704, as supplemented by Department
of Labor regulations(29 CFR Part 5). Under 40 U.S.G.3702 of the Act,each contractor must be required
to compute the wages of every mechanic and laborer an the basis of a standard work week of 40 hours,
Work in exeess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C.3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available or,the open market,or contracts for transportation.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract
that exceeds$150,000,then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards,orders or
regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)
and the Federal Water Pollution Control Act as amended(33 U.S.C.
1251-1387)and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency(EPA).
(30)SUSPENSION AND DEBARMENT
If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt 180 and 2 C.F.R. pt 3000. As such the contractor is required to
verify that none of the contractor,its principals(defined at 2 C.F.R. §
180.995), or its affiliates(defined at 2 C.F.R.§ 180.905)are excluded
(defined at 2 C.F.R.§ 180.940)or disqualified(defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with 2 C.F.R.pt. 180, subpart C and
2 C.F.R. pt 3000, subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a irreterial representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt 180, subpart C and 2 C.F.R pt 3000,subpart C, in
addition to remedies available to the Division,the Federal Government
may pursue available remedies. including but not limited to suspension
and/or debarment
iv. The bidder or proposer agrees tc comply with the requirements
of 2 C.F.R. pt 180,subpart C and 2 C.F.R pt 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
25
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
(31)BYRD ANTI-LOBBYING AMENDMENT
If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti-Lobbying Amendment, 31 U S.C.§1352(as amended).
Contractors who apply or bid for an award of$100,000 or more shall file
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress,or an employee of a member of Congress in connection with
obtaining any Federal contract,grant, or any other award covered by 31
U.S.C.§ 1352. Each tier shall also disclose any lobbying with non-
Federal funde that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded horn tier to tier up to the
recipient
If the Sub-Recipient enters into a contract with a subcontractor for an award of$100,000
or more,the subcontractor shall sign Attachment M-Certification Regarding Lobbying.
(32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES,AND LABOR SURPLUS AREA FIRMS
a. If the Sub-Recipient,with the funds authorized by this Agreement, seeks to proo-ure
goods or services,then, in accordance with 2 C.F.R.§200.321,the Sub-Recipient shall take the following
affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements,when economically feasible into smaller tasks or
quantities to permit maximum participation by small and minority businesses,and women's business
enterprises;
iv. Establishing delivery schedules,where the requirement permits which
encourage participation by small and minority businesses, and women's business enterprises
v. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let,to take the
affirmative steps listed in paragraphs i.through v.of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
'socioeconomic contracting,'does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather,the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above
26
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
c. The'socioeconomic contracting'requirement outlines the affNuiative steps that the
Sub-Recipient must take;the requirements do not preclude the Sub-Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d. Tne requirement to divide total requirements,when economically feasible,into
smaller tasks or quantities to permit maximum participation by small and minority businesses. and
women's business enterprises,does not authorize the Sub-Recipient to break a single project down into
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures(e.g.'project splitting°).
(32)ASSURANCES
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB-RECIPIENT: MIAMI DADE COUNTY
By:
Name . Danielle Levine Cava, Mayor JD PATTERSON
CHIEF PUBLIC SAFETY OFFICER
Date: _t111 7:47 ±j 2011 MIAMI-DADE COUNTY.FL
FE* 596 0576
If signing electronically: By providing this electronic signature, I am attesting that I understand that
electronic signatures are legally binding and have the same meaning as handwritten signatures. I am also
confirming that internal controls have been maintained, and that policies and procedures were properly
followed to ensure the authenticity of the eteuLunic signature.
This statement is to certify that I confirm that this electronic signature is to be the legally binding
equivalent of my handwritten signature and that the data on this form is accurate to the best of my
knowledge.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By.
Name and Title: Kevin Guthrie,Director
Date:
27
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT.
Federal Program: HOMELAND SECURITY GRANT PROGRAM
Federal Agency: U.S. Department of Homeland Security,Federal Emergency Management
Catalog of Federal Domestic Assistance title and number 97.067
Award amount: $396,000.00
I HE t-ULLUWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
Federal Program:HOMELAND SECURITY GRANT PROGRAM
List applicable compliance requirements as follows:
1. Sub-Recipient is to use funding to perform eligible activities as identified FY 2021 Department of Homeland
Security Notice of Funding Opportunity.
2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement or will
not be in compliance with the terms of the Agreement
3. Sub-Recipient must comply with specific laws,rules,or regulations that pertain to how the awarded
resources must be used or how eligibility determinations are to be made.
NOTE 2 C.F.R Part 20C,and section 215.97(5Xa),Florida Statutes,require that the information about Federal
Programs and State Projects included in Exhibit 1 be provided to the Sub-Recipient
28
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
EXHIBIT—2
Certification Regarding Telecommunications and Video Restrictions
Effective August 13,2020, DHS/FEMA Sub-Recipients, as well as their contractors and subcontractors,
may not use grant funds under the Nonprofit Security Grant Program covered by this Agreement and
provided in FY 2021 or previous years to:
1. Procure or obtain,extend or renew a contract to procure or obtain,or enter into a contract to
procure or obtain any equipment, system,or service that uses'covered telecommunications
equipment or services'as a substantial or essential component of any system,or as critical
technology of any system; or
2. Enter into, extend or renew contracts with entities that use or provide,as part of its performance
of this agreement or any other contractual instrument, any equipment,system,or service that
uses'covered telecommunications equipment or services'as a substantial or essential
component of any system,or as critical technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or equipment is
mandated by section 889 of the John S. McCain Natonal Defense Authorization Act for Fiscal Year 2019
(FY 2019 NDAA), Pub. L. No. 115-232(2018),and 2 C.F.R.§200.216.Sub-Recipients may use
DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition,
provided the costs are otherwise consistent with the requirements of the FY 2021 Preparedness Grants
Manual, applicable appendix to the Manual,and applicable NOFO. DHS/FEMA will publish additional
guidance in a subsequent Information Bulletin or similar notice. Per section 889(f)(2)-(3)of the FY 2019
NDAA,covered telecommunications equipment or services means:
1. Telecommunications equipment produced by Huawei Technologies Company or L 1>_
Corporation, (or any subsidiary or affiliate of such entities);
2. For the purpose of public safety security of Government facilities, physical security surveillance
of critical infrastructure, and other national security purposes,video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or
affiliate of such entities);
3. Telecommunications or video surveillance services provided by such entities or using such
equipment; or
4. Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of National intelligence or
the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
contrulled by,or otherwise connected to,the People's Republic of China.
In the event the Sub-Recipient identifies covered telecommunications equipment or services used as a
substantial or essential component of any system,or as critical technology as part of any system, during
contract performance or at any time or by any other source,the Sub-Recipient shall report the information
to the SAA:
1. Within one business day from the date of such identification or notification:The contract number,
the order number(s), if applicable; supplier name; supplier unique entity identifier(if known);
supplier Commercial and Government Entity(CAGE)code(if known);brand; model number
(original equipment manufacturer number,manufacturer part number,or wholesaler number);
item description; and any readily available information about mitigation actions undertaken or
recommended.
2. Within 10 business days of submitting the aforementioned information:Any further available
information about mitigation actions undertaken or recommended. In addition,the Sub-Recipient
shall describe the efforts it undertook to prevent use or submission of covered
29
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
telecommunications equipment or services,and any additional efforts that will be incorporated to
prevent future use or submission of covered telecommunications equipment or services.
Sub-Recipient:Miami Dade County ,, II {—�
B � Date: � I`T��24
Danielle Levine Cava, Mayor JD PATTERSON
Printed Name and T le CHIEF PUBLtC SAFETY OFFICER
MIAMI-DADE COUNTY, FL
If signing electronically: 8y providing this electronic signature, I am attesting that I understand that
electronic oignatures arc legally binding and have the same meaning as hanriwritten signatures. I am also
confirming that internal controls have been maintained, and that policies and procedures were properly
followed to ensure the authenticity of the electronic signature.
This statement is to certify that I confirm that this electronic signature u to be the legally binding
equivalent of my nandwntten signature and that I understand that it is my responsibility, on behalf of the
organization, to ensure that we adhere to these restrictions.
30
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
EXHIBIT-3
CERTIFICATION REGARDING LOBBYING
Check the appropriate box.
0 This Certification Regarding Lobbying is required because the Contract,Grant, Loan,or
Cooperative Agreement will exceed$100,000 pursuant to 2 C.F.R. Part 200,Appendix II(1); 31
U.S.C. § 1352;and 44 C.F.R.Part 18.
El This Certification is not required because the Contract,Grant,Loan,or Cooperative Agreement
will be less than$100,000.
APPENDIX A,44 C.F.R.PART 18-CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans,and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that
1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency,a
Member of Congress, ar 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 undersigned
shall complete and submit Standard Form-LLL,'Disclosure Form to Report Lobbying,'in
accordance with its instructions.
•
3. The undersigned shall require that the language of this certification be included in the award •
documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under
grants, loans, and cooperative agreements)and that all subrecipients shall certify and disckis'
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352,title 31,U.S. Code.Any person who faits 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. ,
The Sub-Recipient or subcontractor, Miami-Dade County ,certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition,the
Contractor understands and agrees that the provisions of 31 U.S.C.Chap. 38,Administrative Remedies
for False Ms and Statements, apply to this certification and disclosure,if any.
ure of Sub-Recipient/subcontractor's Authorized Official
Danielle Levine Cava, Mayor
Name and Title of
SSu�b--Re/cipien/subcontractor's Authorized Official •
LPrielY1 k�l,V `T �l� JD PA SAFETY
SON
i CHIEF PUBLIC SAFETY OFFICER
31 MIAMI-DADE COUNTY. FL
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ATTACHMENT A
Program Budget
Below is a general budget which outlines eligible categories and their allocation under this award. The
Sub-Recipient is to utilize the"Program Budget"as a guide for completing the°Budget Detail Worksheet'
below.
The Equipment category will require Authorized Equipment List(AEL) reference number. The Authorized
Equipment List(AEL) is a list of approved equipment types allowed under FEMA's preparedness grant
programs. The intended audience of this tool is emergency managers, first responders, and other
homeland security professionals.The list consists of 21 equipment categories divided into sub-categories,
tertiary categories,and then individual equipment items.The AEL can be found at
http://www.fema.gov/authorized-equipment-list.
The transfer of funds between the categories listed in the'Program Budget and Scope of Work'is permitted.
However,the transfer of funds between Issues is strictly prohibited.
$400,000.00
Award Allocation—Issue#44
FY 2021 -State Homeland
Security Grant Program— Miami Cade County Planning,Organizational,Equipment,&
Operation Stonegarden Management and Administration
$4,000.00
State Management&Administration
withheld 1%
•
• i
. i
32
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
BUDGET DETAIL WORKSHEET
The Sub-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.
Travel/per diem related to planning activities
Overtime and back-fill costs(in accordance with operational
Cost Guidarce
Reimbursement for select operational expenses associated
with increased security measures at critical infrastructure
sites incurred(up to 50 percent of the allocation)
Overtime for information, investigative, and intelligence 4,542.35886 $8635572 s392258.67 44
sharing activities(up to 50 percent of the allocation)
Hiring of new staff positions/contractors/consultants for
participation in information/intelligence analysis and sharing
groups or fusion center activities(up to 50 percent of the
allocation)
7.0 ii.3
Training Workshops and Conferences
Full or Part-Time Staff or Contractors/Consultants ! I
Travel
Immigration enforcement training r
a Ig •r C�UIj)Ei1 t1t5 e O to t .Y .w w T .s i�u�', '.7y�3xc. . �`
4-b eTawIugh faea .-N2azIr. s r c
eftflSZ r{ biE7 $IISLve F�3 IM� H 4 c �`• r " e
b 4444 at ts�d sFx Ciff a 1 tlri rat Ll , Ci&t Totat ssu
ems•, �� F S;r
eecic}e e�ctnca hstd� t3e rhreb basal — ~r- t
O err reta�oi� egwpmerrf Est _a x - - c•�,�� v �
--G'y' 's -_•iY'••�'i••c•,a ;;:r-.',••-r i 1 'r•]Y'�+' . - _ .. __- --:.'_a -..- ,r_•T"•y
•
-yn 4•o�ir w_ �e•-_-;F W:i.. wA.:: .+:a- .-:_r: xrsri- _+. :sew.-emu 'ti:. --;•%..�"'�r.•J�,v-.n+;�::w _;'2 !'� ...•7t= "i.:�' :.-- .r �, - - _ mot:. - 2e'._t_`=cr^-':-"..':+
r .:a'% •:'.^t jai:•:-� ?�.'v�>_: :a ^_'� .r...r *c._ -_ _
sue:.-._..L,r opt r ., t �t ,y. ..fit .. . ,�.- 3z� -�e�:� t- _; .e: .-•r - -,.=j
Oir
.:.a ..'-.-.� ._z: -.. .a ri",o '147 {}..xsv�a,� s+c-..`-ro.%r:.�. ��`i:�srq+•w_ i F.'g`>`r-p�. r is r�F:%.. .c
'•nir_ 1: ' 1'"T"�-rrl :.T.:_ i ""�.r+�' c,-cr,ram s-_x�t=^f' ir`-t. '.-r�r••::.-T' -i.�t76.f iiiii
^'�^--r-e,^^ssr>.z:_.i,. ,•-•.. -+� -.•w .-.v 7:7 ��'SFa ' s>`>
^'r e•.r•-.-�-�..,.. �' •r•" �6'r^",��. •x> 'r• w.�,is�{,s, k•- ::..��iC;�..,;Jr�
-:i�tr�'.'..''L'I'r� o lul_•r_r.r•ti, _ _•r••:^`r_.:"'^ � �"s" as ... � ..;,�:�.^:�� _ .++-•:•. ;� ":`"'_.:.L.....4'L,.,. 1,::_`.. �'.i:•.ie --1^.o`2•a.........,.-`?�'.u. ra:...l.°-*.._ti-�.!..,aer L"�..�.-
,,,:yY - .t. -f`.."r�_.a=i".£;�� '•`-?;;:g-h ?,4..-° '•a°-»b-:'sue'_-'�_�-==� •- +�.�^.• -c-t_
. r`-�ti� :.'^'�',r�i;;�ir r-3r*.='Wd";tr-�:")= _,_�..:s�"_ = �..r .•-?3_is,"••ati -.t-�.i.,>3�. * `k,- _ _ .-. -r. 747:5'1:°
33
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
F�r',C�i.'1•�.`e11!;j�t:�P1a���:....r,a�a�" c `.�o:�'°'wr%�o.�C;,��e',;,a;.��..'� rt..'. ,:�;s-t'3�- 7`*•.�.r��:..�?--.�. _ __.._.I .,,.,..._`�:R:.i'::.�:ysc�.'s•w�.� �+ :�.•�wy•. _- '�Po•..."T�'� trc'�'-'�••'," �="w"Wi•••`=r.•1.:..z-•-cr"^x�`.i:.;�,Nis'�:'-ra+-,•:i:Ya'-'•'`-�-,r:�.y.-;:t..r---
�'��
_ _ I
,� `wv{ s" �•.+ ..�'�'..3 �+
^.7"t.�•--ice '. .�� r-._-�=."'��+ ,.n-'E A:a�34.; i'; _.d.::� .�.._..�Y ... :4-ca4,.,:�rr'�'u-''I
•�N nor:.+,'h_ni4,`;'`;'X'd':c�Yi•, e�r1*.ae e,..r':a r: t�;r.,'��#r_n_. a.n:.. ..-"iqt,:. ✓i-tk%.�`-_--?�'�':�=�:�'::.�%:t:._.:a.•r
.,1 ... _..,3i,-�1�_._...y...-.�-�. ,�,d.. �7,.D'•: I '�::1�,�„� .n.- v.xr< ..�.:_.�_..- - -=�"�..;;.,.msr�;,.-:.�`,•'=::._�_�:•:
'�=--��•t=••s"__ _ �---_..��4-.-A-�'._ ,�.�-__s���sue'?_:'=__ _ -_ --�...- - - - -.�t,,.s'=
- .w ul:E ew- <'r•o:;o:rl�L .:.c_r�x ___ _ _ a,-•L__ - _- __ __ - -.- v'-
.. --.�,•. _.:_ :,fix. .:;-_. _
t_ .e� _�U._:ul-r?`t?i='•'�r.'7:-=SiL�Y"3 `'' j 'n.L'+-•. _ _ ___ _ .s _
:..Gisa 'jyiJti;::ais�a�cia ceea;al.r a...:g'��JJ�ja'1_rr� rn :di'r a.���.t���.`am'I_Ira�Nao'1.��:arTtir ru=o'u��j'.'.�,�r.)'.�?'•T;j::�',ao='�'i'��1[�-~-�.a.�'.._'.
�.l•.a a� -"'^T�`Y n � �t.,+,��?�' ��,Sy.. :s1i�-.• �t•...^ ���t�' Y'-'7• 1 -}•• +.^r- .�
i l a lJ o Jr 0"5.,a..:lr�: �('Y'.r'iJlrrrt`i�aii�i o enu`Ie'n o nl�uiy:-ia I i'j t_::, _ _. ... : ._,•7
'y-EIS e a` r a i:^ °• '�RUI�M EIJ o,_;a�;��.� '�._r __ _�_� >^
Hiring of full-time or part-time staff or
contractors/consultants:
to assist with the management of the respective grant
program;application requirements,and compliance with
reporting and data collection requirements
Development of operating plans for information collection
and processing necessary to respond to DHS/FEMA data
calls
Overtime and backfill costs-Overtime expenses are
defined as the result of personnel who worked over and
above 40 hours of weekly work time in the performance of
FEMA-approved activities within the scope of this grant
Backfill Costs also called'Overtime as Backfill'are defined 1 $3,741.33 53,741.33 44
as expenses from the result of personnel who are working
overtime in order to perform the duties of other personnel
who are temporarily assigned to FEMA-approved
activities outside their core responsibilities.Neither
overtime nor backfill expenses are the result of an increase
of Full-Time Equivalent(FTEs)employees.
Travel expenses
Meeting-related expenses
Authorized office equipment: including personal computers,
laptop computers, printers, LCD projectors,and other
equipment or software which may be required to support
the i •Iementation of the homeland secu' stiat.. .
•
TOTAL AWARD EXPENDITURES S396,000.00
34
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ATTACHMENT B
SCOPE OF WORK
Sub-Recipients must comply with all the requirements in 2 C.F.R.Part 200(Uniform Adminisbdtive
Requirements, Cost Principles, and Audit Requirements for Federal Awards).
Funding is provided to perform eligible activities as identified in the Domestic Homeland Security—
Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2021 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 44:OPSG supports enhanced cooperation and coordination
among Customs and Border Protection(CBP), United States Border Patrul(USBP), and federal,
state, local, tribal, and territorial law enforcement agencies to improve overall border security. OPSG
provides funding to support joint efforts to secure the United States'borders along routes of
ingrPc.s/egress to and from international borders to include travel corridors in states bordering
Mexico and Canada, as well as states and territories with international water borders. OPSG also
further enhances the sharing of threat information and intelligence between federal,state, local,
tribal, and territorial law enforcement agencies through the development and sustainment of a
capable workforce of analysts that have the necessary experience and training,arrpcs to open
source,unclassified and classified information,products,data,and suspicious activity reporting,as
well as necessary services and technology to facilitate analytic capabilities and collaboration
II. Categories and Eligible Activities
FY 2021 allowable costs are divided into the following categories for this agreement Planning,
Organizational,Training, Equipment and Management and Administration.Each category's •
allowable costs have been listed in the'Budget Detail Worksheet"above.
A. Allowable Planning Related Costs
HSGP funds may be used for a range of emergency preparedness and management planning
activities such as those associated with the development,review,and revision of the THIRA, SPR,
continuity of operations plans, and other planning activities that support the Goal and placing an
emphasis on updating and maintaining a current EOP that conforms to the guidelines outlined in CPG
f01 v 2.0.
• Travel/per diem related to planning activities;
• Overtime and backfill costs(in accordance with operational Cost Guidance);
• Issuance of WHT1-compliant Tribal identification card;
• Activities to achieve planning inclusive of people with disabilities and others with access and
functional needs,
• Coordination with Citizen Corps Councils for public information/education and development of
volunteer programs;
• Update governance structures and processes and plans for emergency communications;
• Development, and review and revision,of continuity of operations plans;
• Development, and review and revision of the THIRA/SPR continuity of operations plans; and
• Activities to achieve planning inclusive of people with limited English proficiency.
B. Allowable Organization Related Costs(HSGP and UASI Only)
Sub-Recipients proposed expenditures of SHSP or UASI funds to support organization activities
include:
• Program Management
• Development of whole community partnerships,through groups such as Citizen Corp
Councils;
35
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
• Structures and mechanisms for information sharing between the public and private sector,
• Implementing models,programs,and workforce enhancement initiatives to address
ideologically inspired radicalization to violence in the homeland;
• Tools,resources,and activities that facilitate shared situational awareness between the
public and private sectors;
• Operational Support;
• Utilization of standardized resource management concepts such as typing,inventorying,
organting, and tracking to facilitate the dispatch,deployment, and recovery of resources
before, during, and after an incident;
• Responding to an increase in the threat level under the National Terrorism Advisory System
(NTAS) or needs resulting from a National Special Security Event,
• Migrating online services to the-.gov'inter-net domain,and
• Paying salaries and benefits for personnel to serve as qualified Intelligence Analysts. Per the
Personnel Reimbursement for Intelligence Cooperation and Enhancement(PRICE)of
Homeland Security Act, Pub. L No. 110-41Z,§2,codified In relevant part, as amended, at 6
U.S.C.§609(a), HSGP and UASI funds may be used to hire new staff and/or contractor
positions to serve as intelligence analysts to enable information/intelligence sharing
capabilities, as well as support existing intelligence analysts previously covered by HSGP or
UASI funding. See 6 U.S.C. §609(a).To be hired as an intelligence analyst,staff and/or
contractor personnel must meet at least one of the following criteria:
• Complete training to ensure baseline proficiency in intelligence analysis and
production within six months of being hired;and/or,
• Previously served as an intelligence analyst for a minimum of two years either in a
federal intelligence agency,the military,or state and/or local law enforcement
intelligence unit.
Intelligence Analyst Activities Allowable Costs(HSGP and UASI)
All fusion center analytical personnel must demonstrate qualifications that meet or exceed
competencies identified in the Common Competencies for state, local, and tribal Intelligence
Analysts,which outlines the minimum categories of training needed for intelligence analysts.An active or
current certificate of completion of such training must be submitted to the SAA.
States and Urban Areas must justify proposed expenditures of HSGP or UASI funds to support
organization activities within their IJ submission.All SAAs are allowed to utilize up to 50 percent(50%)of
their HSGP funding and all Urban Areas are allowed up to 50 percent(50%)of their UASI funding for
personnel costs.At the request of a Sub-Recipient of a grant,the FEMA Administrator may grant
a waiver of the 50 percent(50%)limitation noted above. Request for waivers to the personnel
cap must be submitted by the SAA to GPD in writing on official letterhead,with the following information:
• Documentation explaining why the cap should be waived;
• Conditions under which the request is being submitted;and
• A budget and method of calculation of personnel costs both in percentages of the grant award
and in total dollar amount To avoid supplanting issues,the request must also include a three-
year staffing history for the requesting entity.
Law Enforcement Terrorism Prevention(LETP)Activities Allowable Costs(HSGP and UASI)
Lt I I'Activities eligible for use of LETPA focused funds include but are not limited to:
• Maturation and enhancement of designated state and major Urban Area fusion centers,
including Information sharing and analysis, threat recognition, terrorist interdiction, and
training/hiring of intelligence analysts;
• Coordination between fusion centers and other analytical and investigative efforts including,
but not limited to Joint Terrorism Task Forces(J t I hs),Field Intelligence Groups(FIGs), High
Intensity Drug Trafficking Areas(HIDTAs), Regional Information Sharing Systems(RISS)
36
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
Centers, criminal intelligence units, real-time crime analysis centers and DHS intelligence,
operational, analytic,and investigative entities;
• Implementation and maintenance of the Nationwide SAR Initiative,including training for front
line personnel on identifying and reporting suspicious activities,tips/leads, and online/social
media-based threats,as well as the execution and management of threat assessment
programs to identify,evaluate,and analyze indicators and behaviors indicative of terrorism,
targeted violence,threats to life, and other criminal activity;
• Management and operation of activities that support the execution of the intelligence process
and fusion centers,including but not limited to: Fusion Liaison Officer(FLO)programs,
security programs to protect the facility, personnel,and information, and the protection of
privacy,civil rights, and civil liberties.
• Implementation of the if You See Something, Say Something'campaign to raise public
awareness of indicators of terrorism and terrorism-related crime and associated efforts to
increase the sharing of information with public and private sector partners, including nonprofit
organizations.
o Note: OHS requires that all public and private sector partners wanting to implement
and/or expand the DHS If You See Something,Say Something®'campaign using
grant funds work directly with the OHS Office of Partnership and Engagement(OPE)
to ensure all public awareness materials(e.g.,videos,posters,tri-folds,etc.)are
consistent with the DHS's messaging and strategy for the campaign and compliant
with the initiative's trademark,which is licensed to DHS by the New York Metropolitan
Transportation Authority.Coordination with OPE,through the Campaign's Office
(seesay al�q.dhs.gov),must be facilitated by FEMA_
• Increase physical security,through law enforcement personnel and other protective
measures, by implementing preventive and protective measures at critical urfrdstructure site
or at-risk nonprofit organizations;
• Building and sustaining preventive radiological and nuclear detection capabilities, including
those developed through the Securing the Cities initiative; and
• Integration and interoperability of systems and data, such as computer aided dispatch(CAD)
and record management systems(RMS), to facilitate the collection,evaluation, and
assessment of suspicious activity reports,tips/leads, and online/social media-based threats.
Organizational activities under HSGP and UASI include:
Operational Overtime Costs, In support of efforts to enhance capabilities for detecting, deterring,
disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs
are allowable for increased protective security measures at critical infrastructure sites or other high-risk
locations and to enhance public safety during mass gatherings and high-profile events. In that regard,
HSGP Sub-Recipients are urged to consider using grant funding to support soft target preparedness
activities. HSGP or UASI funds may be used to support select operational expenses associated with
incra_spd security measures in the authorized categories cited below:
• Backfill and overtime expenses for staffing State or Major Urban Area fusion centers;
• Hinng of contracted security for critical infrastructure sites;
• Participation in Regional Resiliency Assessment Program(RRAP)activities;
• Public safety overtime;
•Title 32 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(Note:
Consumable costs,such as fuel expenses,are not allowed except as part of the standard
National Guard deployment package);
• Increased border security activities in coordination with CBP;
• National Terrorism Advisory System;
• Designated National Security Events;
•Special Event Assessment Rating (SEAR)Level 1 through 4 Events
37
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
• States of Emergency,
• National Critical Infrastructure Prioritization Program(NCIPP);
• Directed Transit Patrols;and
•Operational Support to a Federal Agency.
Operational Overtime Requests:
• Except for an elevated NTAS alert, HSGP or UASI funds may only be spent for operational
overtime costs upon prior written approval by FEMA.The SAA must submit operational
overtime requests in writing to its assigned FEMA Program Analyst(PA).FEMA will consider
requests for special event activities up to one year in advance. However,such requests must
be within the award's current period of performance and must not result in the need for a
request to extend the period of performance.
• All operational overtime requests must dearly explain how the request meets the criteria of
one or more of the categories fisted above.Requests must address the threat environment as
it relates to the event or activity requiring operational overtime support and explain how the
overtime activity is responsive to the threat
• Post-event operational overtime requests will only be considered on a case-by-case basis,
where it is demonstrated that exigent circumstances prevented submission of a request in
advance of the event or activity.
• Under no circumstances may DHS/FEMA grant funding be used to pay for costs already
supported by funding from another federal source.
• States with UASI jurisdictions can use funds retained at the state level to reimburse eligible
operational overtime expenses incurred by the state(per the above guidance limitations).Any
UASI funds retained by the state must be used in direct support of the high-risk urban area.
States must provide documentation to the UAWG and DHS/FEMA upon request
demonstrating how any UASI funds retained by a state would directly support the high-risk
urban area.
• FEMA will consult and coordinate with appropriate OHS components as necessary to verify
information used to support operational overtime requests.
Personnel Costs(HSGP and UASI)
Personnel hiring, overtime, and Pack-fill expenses are permitted under this grant to perform allowable
HSGP planning,training, exercise,and equipment activities. Personnel may include but are not limited to
training and exercise coordinators, program managers for activities directly associated with HSGP and
UASI funded activities, intelligence analysts, and Statewide interoperability coordinators(SWIC).
Sub-Recipients should refer to information Bulletin No.421b,Clarification or the Personnel
Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008(Public
Law 110-412—the PRICE Act),October 30, 2019. HSGP funds may not be used to support the hiring of
any personnel to fulfil traditional public health and safety duties nor to supplant traditional public health
and safety positions and responsibilities.
The following definitions apply to personnel costs:
• Hiring. State and local entities may use grant funding to cover the salary of newly hired
personnel who are exclusively undertaking allowable DHS/FEMA grant activities as specified
in this guidance.This may not include new personnel who are hired to fulfill any non-
DHSIFEMA program activities under any circumstances.Hiring will always result in a net
increase of Full Time Equivalent(FTE)employees.
• Overtime.These expenses are limited to the additional costs that result from personnel
working over and above 40 hours of weekly work time as the direct result of their performance
of DHS/FEMA-approved activities specified in this guidance.Overtime associated with any
other activity is not eligible.
• Backfill-Related Overtime.Also called'Overtime as Back-fill,'these expenses are limited to
overtime costs that result from personnel who are working overtime(as identified above)to
38
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
perform the duties of other personnel who are temporarily assigned to DHS/FEMAapproved
activities outside their core responsibilities, Neither overtime nor backfill expenses are the
result of an increase of FTE employees.
• Supplanting. Grant funds will be used to supplement existing funds and will not replace
(supplant)funds that have been appropriated for the same purpose.Applicants or recipients
may be required tc supply documentation certifying that a reduction in non-federal resources
occurred for reasons other than the receipt or expected receipt of federal funds.
Organization(OPSG)
Personnel Costs: OPSG funds may be used for domestic travel and per diem,including ccsts
associated with the deployment/redeployment of personnel to border areas and for travel associated with
law enforcement entities assisting other local jurisdictions in law enforcement activities(travel costs must
be in accordance with applicable travel regulations).
Up to 50 percent of an OPSG award may be used to pay for all personnel costs(only to the extent that
such expenses are for the allowable activities within the scope of the grant).At the request of a recipient
or Sub-Recipient,the FEMA Administrator(or designee)may waive the 50 percent personnel cap.
Waiver decisions are at the discretion of the FEMA Administrator and will be considered or a case-by-
case basis. Further,changes in scope or objective also require FEMA's prior written approval pursuant
to 2 C.F.R. §200.308(c)(1)(i).A formal OPSG personnel waiver request should:
• Be on official letterhead, include a written justification, and be signed by the local jurisdiction.
• Include a budget and method of calculation of personnel costs both in the percentage of the
grant award and in total dollar amount, reflecting the change in scope or objective to the
project.
• Include an approved Operations Order from the USBP Sector office that supports the local
jurisdiction's written justification.
• Be coordinated with the USBP Sector, SAA, and the DHS/CBP Office of the Border Patrol
(OBP).
As with all OPSG personnel costs,OPSG grant funds will be used to supplement existing funds and will
not replace(supplant)funds that have been appropriated for the same purpose.Applicants or recipients
may be required to supply documentation certifying that a reduction in nor-federal resources occurred
for reasons other than the receipt or expected receipt of federal funds.
Operational Overtime Costs. OPSG funds should be used for operational overtime costs associated
with law enforcement activities in support of border law enforcement agencies for increased border
security enhancement. Overtime pay is for enhanced patrol for certified public safety officers, along
limited support for other law enforcement direct support personnel(e.g.,Communication
Officers/Dispatchers, non-sworn patrol pilots,etc.). Overtime shall be reimbursed consistent with the non-
federal entity's overtime policy and the requirements as stated below
• Overtime is time worked that exceeds the required number of hours during an employee's
designated shift.
• Overtime must be worked to incroeoe patrol capacity and be in support of identified and
approved USBP border security operations.
• The OPSG overtime hourly rate of pay will be no more than the approved overtime rate per
local law and policy and must be in accordance with applicable State and Federal
regulations.
• All overtime expenses under OPSG must be reasonable for the services rendered and
conform to the non-federal entity's established written policy,which must apply to both
federally funded and non-federally funded activities and comply with the other applicable
requirements under 2 C.F.R. §§200.430-200.431.
• The non-federal entity may not utilize OPSG funding to pay for an employee's overtime hours
or pay that exceeds 16 hours worked in any 24-hour period.
39
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31AOA26D3B
Temporary or Term Appointments
• Sub-Recipients may utilize temporary or term appointments to augment the law enforcement
presence or the borders. However, applying funds toward hiring full-time or permanent sworn
public safety officers is unallowable.
• OPSG-funded temporary or term appointments may not exceed the approved period of
performance
• For OPSG purposes,temporary appointments are non-status appointments for less
than one year.
• For OPSG purposes,term appointments are non-status appointments for one year.
extendable for one year as necessary.
OPSG funding for temporary or term appointments may pay for salary only.Benefits are not
allowable expenses for term or temporary employees.
• OPSG remains a non-hiring program.Appropriate uses of temporary or term appointments
include•
• Tc carry out specific enforcement operations work for ongoing OPSG-funded patrols
throughout the Sector Area of Operation:
• To staff operations of limited duration;such as OPSG-enhanced enforcement patrols
targeting specific locations or criminal activity;and,
• To fill OPSG positions in activities undergoing transition or personnel shortages and
local backfill policies(medicai/military deployments).
• OPSG term and temporary appointments must have all necessary certifications and training
to enforce state and local laws. OPSG funds will not be used to train or certify term or
temporary appointments except as otherwise stated in the OPSG section of the
Preparedness Grants Manual and the HSGP NOFO.
• In addition to these terms Sub-Recipients must follow their own applicable policies and
procedures regarding temporary or term appointments.
Unallowable Costs(OPSG)
OPSG unallowable costs include costs associated with evidence collection,arrest processing,
prosecution, and Traffic/DUI checkpoints,such as evidence documentation cameras,fingerprinting
supplies,alcohol breathalyzers,portable work lights,traffic bairft,ades,and similar law enforcement
expenses.Additional unallowable costs also include costs associated with staffing and general IT
computing equipment and hardware,such as personal computers,faxes,copy machines, modems,
etc.OPSG is not intended as a hiring program.Therefore,applying funds toward hiring full-time or
permanent sworn public safety officers is unallowable. OPSG funding shall not be used to supplant
inherent routine patrols and law enforcement operations or activities not directly related to providing
enhanced coordination between local and federal law enforcement agencies. Finally,construction
and/or renovation costs, and exercise expenses are prohibited under OPSG.
C. Allowable Exercise Related Costs
Exercises conducted with grant funding should be managed and conducted consistent with HSEEP.
HSEEP guidance for exercise design,development,conduct,evaluation, and improvement planning
is located at httpsi/www.fema.gov/emergency-managers/nationa/-preparedness/exercises/hseeg.
• Design, Develop,Conduct. and Evaluate an Exercise
• Full or part-time staff or contractors/consultants
• Exercise Planning Workshop
• Full-or part-time staff or contractors/consultants
• Overtime and backfill costs, including expenses for part-time and volunteer emergency
response personnel participating in DHS/FEMA exercise
• Implementation of HSEEP
• Activities to achieve exercises inclusive of people with disabilities and others with access and
functional needs
• Travel
40
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
• Supplies associated with allowable approved exercises
• Interoperable communications exercises
Additional Exercise Information
Sub-Recipients that decide to use HSGP funds to conduct an exercise(s)are encouraged to complete
a progressive exercise series. Exercises conducted by states and high risked urban areas may be
used to fulfill similar exercise requirements required by other grant programs. Sub-Recipients are
encouraged to invite represA.ntativeslplanners involved with other Federally mandated or private
exercise activities. States and high risked urban areas are encouraged to share, at a minimum,the
multi-year training and exercise schedule with those departments,agencies, and organizations
included in the plan.
• Validating Capabilities.Exercises examine and validate capabilities-based planning across
the Prevention, Protection, Mitigation, Response,and Recovery mission areas. The extensive
engagement of the whole community, including but not limited to examining the needs and
requirements for individuals with disabilities, individuals with limited English proficiency,and
others with acres-s and functional needs, is essential to the development of an effective and
comprehensive exercise program. Exercises are designed to be progressive—increasing in
scope and complexity and drawing upon results and outcomes from prior exercises and real-
world incidents—to challenge participating communities. Consistent with Homeland Security
Exercise and Evaluation Program guidance and tools,the National Exercise Program(NEP)
serves as the principal exercise mechanism for examining national preparedness and
measuring readiness. Exercises should align with pnorities and capabilities identified in a
multi-year TEP.
• Special Event Planning. If a state or Urban Area will be hosting a special event(e.g., Super
Bowl, G-8 Summit),the special event planning should be considered as a training or exercise
activity for the purpose of the multi-year TEP.States must include all confirmed or planned
special events in the Multi-year TEP The state or Urban Area may plan to use HSGP or
UASI funding to finance training and exercise activities in preparation for those events.States
and Urban Areas should also consider exercises at major venues(e.g.,arenas,convention
centers)that focus on evacuations,communications, and command and control.
• Regional Exercises.States should also anticipate participating in at least one Regional
Exercise annually. States must include all confirmed or planned special events in the Multi-
year TEP
• Role of Non-Governmental Entities in Exercises. Non-governmental participation in all
levels of exercises is strongly encouraged. Leaders from non-governmental entities should be
included in the planning,design, and evaluation of an exercise. State, local,Tribal, and
territorial jursdictions are encouraged to develop exercises that test the integration and use
of non-governmental resources provided by non-governmental entities, defined as the private
sector and private non-profit. faith-based,community, participation in exercises should be
coordinated with the local Citizen Corps Council(s)or their equivalent and other partner
agencies.
FDEM State Training Office conditions for Exercises: For the purposes of this Agreement, any
exercise which is compliant with HSEEP standards and contained in the State of Florida(and County
or Regional) MYTEP qualifies as an authorized exercise.The Sub-Recipient can successfully
complete an authorized exercise either by attending or conducting that exercise.
• In order to receive payment for successfully attending an authorized exercise,the Sub-
Recipient must provide the Division with a certificate of completion or similar correspondence
41
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
signed by the individual in charge of the exercise; additionally,the Sub-Recipient must
provide the Division with all receipts that document the costs incurred by the Sub-Recipient in
order to attend the exercise.
• In order the receive payment for successfully conducting an authorized exercise,the Sub-
Recipient must provide the Division with an ExPLAN,AAR/IP, IPCIMPCIFPC Meeting
Minutes and Sign-in Sheet for exercise attendees; additionally,the Sub-Recipient must
provide the Division with all receipts that document the costs incurred by the Sub-Recipient in
order to conduct the exercise. The Sub-Recipient must include with the reimbursement
package a separate copy of the page(s)from the Exercise Plan which identifies the
participant agencies and a printed page(s)from the State(and County or Regional)AAYTEP
reflecting the exercise.
• If you require food/water for this event, request must come to the Division within 25 days prior
to the event, in the following for mat
Exercise Title:
Location:
Exercise Date:
Exercise Schedule:
Estimated Number of Participants that will be fed:
Estimated Cost for fcod/water.
Description of the Exercise:
D. Allowable Training Related Costs(SHGP and UASI)
Allowable training-related costs under HSGP include the establishment support, conduct,and
attendance of training specifically identified under the HSGP and UASI programs and/or in
conjunction with emergency preparedness training by other Federal agencies(e.g., HHS and DOT).
Training conducted using HSGP funds should address a performance gap identified through an
AARIIP or other assessments(e.g., National Emergency Communications Plan NECP Goal
Assessments;and contribute to building a capability that will be evaluated through a formal exercise
Any training or training gaps, including those for children,older adults, pregnant women,and
individuals with disabilities and others who also have access or functional needs, should be identified
in the AAR/IP and addressed in the state or Urban Area training cycle. Sub-Recipients are
encouraged to use existing training rather than developing new courses.When developing new
courses,Sub-Recipients are encouraged to apply the Analysis, Design, Development,
Implementation and Evaluation(ADDIE)model of instructional design.
• Overtime and backfill for emergency preparedness and response personnel attending
DHS/FEMA-sponsored and approved training classes
• Overtime and backfill expenses for part-time and volunteer emergency response
personnel participating in DHS/FEMA training
• Training workshops and conferenrps
• Activities to achieve training inclusive of people with disabilities and others with i r.r ss
and functional needs and limited English proficiency
• Full-or part-time staff or contractors/consultarits
• Travel
• Supplies associated with allowable approved training that are expended or consumed
during the course of the planning and conduct of the exercise project(s)
• Instructor certification/re-certification
• Coordination with Citizen Corps Councils in conducting training exercises
• Interoperable communications training
• Activities to achieve planning inclusive of people with limited English proficiency
• Immigration enforcement training
42
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
Additional Training Information
Per DHS/FEMA Grant Programs Directorate Policy IB 432 Review and Approval Requirements for
Training Courses Funded Through Preparedness Grants, issued on July 19, 2018, states,territories,
Tnbal entities and high-risk urban areas are no longer required to request approval from FEMA for
personnel to attend non-DHS FEMA training as long as the training is coordinated with and approved by
the state,territory,Tribal or high-risk urban area Training Point of Contact(TPOC)and falls within the
FEMA mission scope and the jurisdiction's Emergency Operations Plan(EOP)_The only excptior to this
policy is for Countering Violent Extremism courses. DHS/FEMA will conduct periodic reviews of all state,
territory,and Urban Area training funded by DHS/FEMA.These reviews may include requests for all
course materials and physical observation of, or participation in,the funded training. If these reviews
determine that courses are outside the scope of this guidance,Sub-Recipients will be asked to repay
grant funds expended in support of those efforts.
For further information on developing courses using the instructional design methodology and tools that
can facilitate the process,SAAs and TPOCs are encouraged to review the NTED Responder Training
Development Center(RTDC)website.
DHS/FEMA Provided Training.These trainings include programs or courses developed for and
delivered by institutions and organizations funded by DHS/FEMA This includes the Center for Domestic
Preparedness(CDP),the Emergency Management Institute(EMI),and the National Training and
Education Division's(NTED)Training Partner Programs(TPP). TPP includes the Center for Homeland
Defense and Security,National Domestic Preparedness Consortium(NDPC), Rural Domestic
Preparedness Consortium(RDPC), and training partners through the Continuing Training Grants
program.
Approved State and Federal Sponsored Course Catalogue. This catalogue lists state and Federal
sponsored courses that fall within the DHS/FEMA mission scope and have been approved through the
FEMA course review and approval process.An updated version of this catalog can be accessed at
www.firstrespondertrain ino.qov.
Training Not Provided by DHS/FEMA.These trainings include courses that are either state sponsored
or Federal sponsored(non-DHS/FEMA), coordinated and approved by the SAA or their designated
TPOC,and fall within the DHS/FEMA mission scope to prepare state, local,Trloal,and territorial
personnel to prevent, protect against,mitigate, respond to, and recover from acts of terrorism or
catastrophic events.
• State Sponsored Courses.These courses are developed for and/or delivered by institutions
or organizations other than Federal entities or FEMA and are sponsored by the SAA or their
designated TPOC.
• Joint Training and Exercises with the Public and Private Sectors.These courses are
sponsored and coordinated by private sector entities to enhance public-private partnerships
for training personnel to prevent, protect against, mitigate, respond to, and recover from acts
of terrorism or catastrophic events. In addition, States, territories, Tribes, and Urban Areas
are encouraged to incorporate the private sector in government-sponsored training and
exercises.
Additional information on both DHS/FEMA provided training and other federal and state training can be
found at www.firstrespondertraininq.00v.
Training Information Reporting System("Web-Forms").Web-Forms is an electronic form/data
management system built to assist the SAA and its designated State,territory and Tribal Training Point of
Contact(TPOC). Reporting training activities through Web-Forms is not required under FY 2021 HSGP,
however,the system remains available and can be accessed through the FEMA Toolkit located at
43
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
https://www.firstrespondertraininq.gov/frt/in order to support grantees in their own tracking of training
deliveries.
FDEM State Training Office Conditions: For the purposes of this Agreement,any training course listed
on the DHS approved course catalog qualifies as art authorized course. The Sub-Recipient can
successfully complete an authorized course either by attending or conducting that course.
• In order to receive payment for successfully attending an authorized training course,the Sub-
Recipient must provide the Division with a certificate of course completion;additionally,the
Sub-Recipient must provide the Division with all receipts that document the costs incurred by
the Sub-Recipient in order to attend the course.
• In order the receive payment for sucrPcsfully conducting an authorized course,the Sub-
Recipient must provide the Division with the course materials and a roster sign-in sheet
additionally,the Sub-Recipient must provide the Division,with all receipts that document the
costs incurred by the Sub-Recipient in order to conduct the course.'
• For courses that are non-DHS approved training, Sub-Recipient must request approval to
conduct training through the use of the Non-TED Form and provide a copy,along with email,
showing approval granted for conduct.
• For the conduct of training workshops,Sub-Recipient must provide a copy of the course
materials and sign-in sheets.
• The number of participants must be a minimum of 15 in order to justify the cost of holding a
course. For questions regarding adequate number of participants please contact the FDEM
State Training Officer for course specific guidance. Unless the Sub-Recipient receives
advance written approval from the State Training Officer for the number of Participants,then
the Division will reduce the amount authorized for reimbursement on a pro-rata basis for any
training with less than 15 participants.
• The Sub-Recipient must include with the reimbursement package a separate copy of the
page(s)from the State(and County or Regional)MYTEP reflecting the training.
E. Allowable Equipment Related Costs(SHGP and UASI)
The 21 allowable prevention,protection, mitigation, response, and recovery equipment categories for
HSGP are listed on the Authorized Equipment List(AEL).The AEL is available at
https://www.fema.govtauthorzed-equipment-list Some equipment items require prior approval from
DHS/FEMA before obligation or purchase of the items. Please reference the grant notes for each
equipment item to ensure prior approval is not required or to ensure prior approval is obtained if
necessary.Unless otherwise stated, all equipment must meet all mandatory regulatory and/or
DHS/FEMA-adopted standards to be eligible for purchase using these funds. In addition, recipients
will be responsible for obtaining and maintaining all necessary certifications and licenses for the
requested equipment.
Grant funds may be used for the procurement of medical countermeasures. Procurement of medical
countermeasures must be conducted in collaboration with State/city/local health departments who
administer Federal funds from HHS for this purpose. Procurement must have a sound threat-based
justification with an aim to reduce the consequences of mass casualty incidents during the first crucial
hours of a response. Prior to procunng pharmaceuticals, grantees must have in place an inventory
management plan to avoid large periodic variations in supplies due to coinciding purchase and
expiration dates. Grantees are encouraged to enter into rotational procurement agreements with
vendors and distributors.Purchases of pharmaceuticals must include a budget for the disposal of
expired drugs within each fiscal year's period of performance for HSGP The cost of disposal cannot
be carried over to another FEMA grant or grant period.
44
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
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 projects
approved budget 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
Allowable Equipment(OPSG)
OPSG equipment is intended to be incidental to the enhanced border security operations being
performed. The grant is not intended to be used to outfit or supply general equipment to SLiT
law enforcement agencies. Equipment must be relatable to and justified by the operational
benefit it will provide.
• Equipment Marking. Because equipment purchased with OPSG funding is intended to
be used to support OPSG activities, it may be appropriately marked to ensure its ready
identification and primary use for that purpose.When practicable,any equipment
purchased with OPSG funding should be prominently marked as follows:
"Purchased with OHS funds for Operation Stonegarden Use"
• Fuel Cost and/or Mileage Reimbursement There is no cap for reimbursement of fuel
and mileage costs in support of operational activities.
• Vehicle and Equipment Acquisition,Including Leasing and Rentals:Allowable
purchases under OPSG include patrol vehicles and other mission-specific equipment
whose primary purpose is to increase operational capabilities on or near a border nexus
in support of approved border security operations.A detailed justification must be
submitted to the respective FEMA HQ Program Analyst prior to purchase.
• Medical Emergency Countermeasures:Allowable purchases es under OPSG include
narcotic antagonist pharmaceuticals,detection and identification equipment,safe
storage and transportation, personnel protective equipment, and initial equipment
training, as will be reflected in the AEL and explained in le 438.
F. Unallowable Costs(HSGP,UASI and OPSG)
• Per FEMA policy,the purchase of weapons and weapons accessories, including ammunition,
is not allowed with HSGP funds.
• Grant funds may not be used for the purchase of equipment not approved by DHS/FEMA.
Grant funds must comply with IB 426 and may not be used for the purchase of the following
equipment firearms;ammunition; grenade launchers; bayonets;or weaponized aircraft,
vessels, or vehicles of any kind with weapons installed.
• Unauthorized exercise-related costs include:
45 •
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
o Reimbursement for the maintenance or wear and tear casts of general use vehicles
(e.g.,construction vehicles),medical supplies, and emergency response apparatus
(e.g.,fire trucks, ambulances).
o Equipment that is purchased for permanent installation and/or use, beyond the scope
of the conclusion of the exercise(e.g., electronic mPssaging sign).
G. Regional Border Projects(OPSG)
Subrecipients are encouraged to prioritize the acquisition and development of regionai projects
on the borders to maximize interoperability and coordination capabilities among federal agencies
and with state, local, and tribal law enforcement partners.Such regional projects include.
• Communications equipment
• Radio systems and repeaters
• Integration with regional intelligence and information sharing effort(i.e.fusion centers)
o Intelligence analysts
• Situational Awareness equipment
o License Plate Reader Networks
o Visual detection and surveillance systems
o Sensor Systems
o Radar Systems(for air and/or marine incursions)
o Aircraft systems(manned or unmanned)
H. Critical Emergency Supplies(SHSP and UASI)
Critical emergency supplies,such as shelf stable products,water,and medical equipment
and supplies are an allowable expense under SHSP and UASI. Prior to the allocation of grant
funds for stockpiling purposes,each state must have DHS/FEMA's approval of a five-year viable
inventory management plan,which should include a distribution strategy and related
sustainment costs if planned grant expenditure is over$100,000.00.
if grant expenditures exceed the minimum threshold,the five-year inventory management
plan will be developed by the recipient and monitored by FEMA. FEMA will provide program
oversight and technical assistance as it relates to the purchase of critical emergency supplies
under UASI. FEMA will establish guidelines and requirements for the purchase of these
supplies under UASI and monitor development and status of the state's inventory
management plan.
1. Construction and Renovation(SHSP and UASI)
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 DHS/FEMA prior to the use of any HSGP funds for
construction or renovation.When applying for construction funds, recipients must submit
evidence of approved zoning ordinances,architectural plans,and any other locally required
planning permits.Additionally,recipients are required to submit a SF-424C form with budget
detail citing the project costs.
Recipients using funds for construction projects must comply with the Davis-Bacon Act(codified
as amended at 40 U.S.C.§§3141 et seq.). Recipients must ensure that their contractors or
subcontractors for construction projects pay workers no leas than the prevailing wages for
laborers and mechanics employed on projects of a character like the contract work in the civil
subdivision of the State in which the work is to be performed.Additional information regarding
compliance with the Davis-Bacon Act, including Department of Labor(DOL)wage
determinations, is available online at httpsj/www dol.govhwhd/govcontracts/dbra.htm.
46
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
J. Communications Towers
When applying for funds to construct communication towers, subrecipients must submit
evidence that the Federal Communication Commission's Section 106 of the National Historic
Preservation Act, Pub_ L.No. 89-665, as amended, review process has been completed.
K. Disposition
When original or replacement equipment acquired under a Federal award is no longer needed for the
original project or program or for other activities currently or previously supported by a Federal
awarding agency,except as otherwise provided in Federal statutes, regulations,or Federal awarding
agency disposition instructions,the Sub-Recipient must request disposition instructions from FDEM
Office of Domestic Preparedness and the State Administrative Agency will request deposition
instructions from Federal awarding agency as required by the terms and conditions of the Federal
award.The Sub-Recipient shall notify the FDEM Office of Domestic Preparedness at 2555 Shumard
Oak Blvd.,Tallahassee, Florida 32399 one(1)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.
L Requirements for Small Unmanned Aircraft System(SHSP,UASI,and OPSG)
All requests to purchase Small Unmanned Aircraft Systems(SUAS)with FEMA grant funding must
comply with IB 426 and fB 438 and include a description of the policies and procedures in place to
safeguard individuals'privacy,civil rights,and civil liberties of the jurisdiction that will purchase,take
title to or otherwise use the SUAS equipment.
M. Acquisition and Use of Technology to Mitigate UAS(Counter-UAS)
Prior to the testing,acquisition, installation, or use of UAS detection and/or mitigation systems,
entities should seek the advice of counsel experienced with both federal and state criminal,
surveillance,and communications laws.Subrecipients should conduct their own legal and
technical analysis of each UAS detection and/or mitigation system and should not rely solely on
vendors'representations of the systems'legality or functionality. For further information please
see the DHS press release on this topic:https://www.dhs_govinews/2020/08/17Interagency-
issues- advisory-use-technology-detect-and-mitigate-unmanned-aircraft
N. FirstNet
FirstNet provides public safety entities with mission-critical broadband data capabilities and
services including, but not limited to messaging,image sharing,video streaming, group text,
voice,data storage, application, location-based services,and Quality of Service,Priority, and
Preemption. Public safety entities seeking to enhance their operational capabilities using
broadband technology may seek grant funding from appropriate programs to support the
following:
• Planning for integration of information technology(iT)infrastructure,software, and site
upgrades necessary to connect to FirstNet
• Handheld broadband devices including smartphones,feature phones,tablets,
wearables, push-totalk(P i I)devices
• Vehicle-mounted or otherwise field operated data devices, such as ruggedized laptops
• Network access devices, including portable Wi-Fi devices, Universal Serial Bus(USB)
rnodemsldongles,trunk-mounted modems,routers
• Customer-Owned and Managed(COAM) broadband deployable equipment,enabling
public safety to own and dispatch coverage expansion or capacity enhancement
equipment within their jurisdiction
• Broadband device accessories that enable efficient and safe public safety operations
such as headsets, belt clips, earpieces,remote Bluetooth sensors, ruggedized cases
• Subscriber Identification Modules(SiMs)/Universal integrated Circuit Cards(UICCs)to
allow public safety users to update existing devices to operate on public safety
prioritized services
• One-time purchase and subscription-based applications for public safety use which
could include,among several other options,enterprise moblity management(EMM),
47
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
mobile device management(MDM),mobile Virtual Private Network(VPN), identity
services, or cloud service tools
Sub-Recipients must be coordinated with the Statewide Interoperability Coordinator(SWIG) and
FirstNet on the planning,deployment timelines,and operational availability of the network
deployment within a specific state or territory and to ensure that project does not conflict with
network planning efforts and complies with all technical requirements. FirstNet requires
participating agencies to demonstrate a subscription to public safety-prioritized broadband
services to purchase FirstNet broadband devices or applications. FEMA Information Bulletin(IB)
#386 has been rescinded by prior NOFOs and remains rescinded as the technical requirements
and nationwide network architecture has been developed,and FirstNet is operational.
Subrecipients, however,must coordinate with FirstNet in advance of any strategic acquisition of
broadband LTE equipment to ensure that purchases adhere to all applicable standards for public
safety entities.
O. SAFECOM
Emergency communications systems and equipment must meet applicable SAFECOM
Guidance. Sub-Recipients must be coordinated with the SWIC and the State Interoperability
Governing Body(SIGB)to ensure interoperability and long-term compatibility.
P. Cybersecurity
Sub-Recipients must use HSGP funds for cybersecurity projects that support the security and
functioning of critical infrastructure and core capabilities as they relate to terrorism preparedness
and may simultaneously support enhanced preparedness for other hazards unrelated to acts of
terrorism.
Q. Law Enforcement Readiness(SHSP,UASI,and OPSG)
OPSG grant funds may be used to increase operational, material, and technological readiness
of SLTT law enforcement agencies.The Delegation of Immigration Authority,Section 287(g)of the
Immigration and Nationality Act(iNA)program allows a state or local law enforcement entity to enter
into a partnership with iCE, under a joint Memorandum of Agreement(MOA),to receive delegated
authority for immigration enforcement within their jurisdictions SHSP, UASI, or OPSG grant funds
may be requested and may be approved on a case-by-case basis for immigration enforcement
training in support of the border security mission. Requests for training will be evaluated on a case-
by-case basis and can only be used for certification in the section 287(g)program provided by
DHS/ICE. SHSP,UASI,or OPSG Sub-Recipients with agreements under section 287(g)of the
Immigration and Nationality Act(8 U.S.C. § 1357(g))to receive delegated authority for immigration
enforcement within their jurisdictions may also be reimbursed for section 287(g)related operational
activities with approval from FEMA on a case-by-case basis. For OPSG, Sub-Recipients must be
authorized by USBP Headquarters and Sectors,and operational activities must be coordinated
through a USBP Sector.
R. Maintenance and Sustainment(SHSP,UASI,and OPSG)
The use of DHS/FEMA preparedness grant funds for maintenance contracts,warranties, repair or
replacement costs, upgrades,and user fees are allowable,as described in FEMA Policy FP 205-402-
125-1 under all active and future grant awards, unless otherwise noted. Except for maintenance plans
or extended warranties purchased incidental to the original purchase of the equipment,the period
covered by maintenance or warranty plan must not exceed the POP of the specific grant funds used
to purchase the plan or warranty.
Grant funds are intended to support the Goal by funding projects that build and sustain the core
capabilities necessary to prevent, protect against,mitigate the effects of,respond to,and recover
from those threats that pose the greatest risk to the security of the Nation. In order to provide
recipients the ability to meet this objective,the policy set forth in FEMA's IB 379, Guidance to State
Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding, initially for
FY 2007-2011, allows for the expansion of eligible maintenance and sustainment costs which must
48
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
be in(1)direct support of existing capabilities;(2)must be an otherwise allowable expenditure under
the applicable grant program;(3)be tied to one of the core capabilities in the five mission areas
contained within the Goal, and(4)shareable through the Emergency Management Assistance
Compact Additionally, eligible costs may also be in support of equipment,training, and critical
resources that have previously been purchased with either federal grant or any other source of
funding other than DHS(FEMA preparedness grant program dollars.
S. Management and Administration(M&A)(HSGP& UASI)
Management and administration(M&A)activities are those directly relating to the management and
administration of HSGP funds,such as financial management and monitoring. Sub-Recipients
awarded M&A costs under this agreement can retain a maximum of up to 5%of their total agreement
award amount for M&A costs.
Allowable M&A activities include:
• Hiring of full-time or part-time staff or contractors/consultants:
o To assist with the management of the respective grant program.
o To assist with application requirements.
o To assist with compliance reporting and data collection requirements.
Management and Administration(M&A)(OPSG)
Management and administration(M&A)activities are those directly relating to the management and
administration of OPSG funds,such as financial management and monitoring.Recipients may retain
up to 2.5%of the overall OPSG allocation prior to passing-through funding to Sub-Recipients.This
funding must be deducted in art equal percentage from each Sub-Recipient. Sub-Recipients and
friendly forces may retain funding for M&A purposes; however,the total amount retained cannot
exceed 5 percent of the Sub-Recipients subaward. Friendly forces are local law enforcement entities
that are subordinate Sub-Recipients under OPSG. In other words,friendly forrps are entities that
receive a subaward from a Sub-Recipient under the OPSG program.Friendly forces must comply
with all requirements of Sub-Recipients under 2 C.F.R.Part 200.
T. Procurement
All procurement transactions will be conducted in a manner providing full and open competition and
shall comply with the standards articulated in:
• 2 G.F.R. Part 200;
• Chapter 287, Florida Statues; and,
• Subrecipients local procurement policy.
To the extent that one standard is more stringent than another,the Sub-Recipient must follow the
more stringent standard. For example, if a State statute imposes a stricter requirement than a
Federal regulation,then the Sub-Recipient must adhere to the requirements of the State statute.
The Division shall pre-approve all scopes of work for projects funded under this agreement
Additionally,the Sub-Recipient shall not execute a piggy-back contract unless their local written policy
allows for piggybacking, and the Division has approved the Scope of Work contained in the original
contract that forms the basis for the piggy-back col tact Also, in order to receive reimbursement
from the Division,the Sub-Recipient must provide the Division with a suspension and debarment form
for each vendor that performed work under the agreement. Furthermore, if requested by the Division,
the Sub-Recipient shall provide copies of solicitation documents including responses and justification
of vendor selection.
49
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
Contracts may include:
State Term Contract:A State Term Contract is a Contract that is competitively procured by the
Division of State Purchasing for selected products and services for use by agencies and eligible
users. Florida agencies and eligible users may use a request for quote to obtain written pricing or
services information from a state term contact vendor for commodities or contractual services
available on a state term contract from that vendor. Use of state term contracts is mandatory for
Florida agencies in accordance with section 287.056,Florida Statutes.
Alternate Contract Source:An Alternate Contract Source is a contract let by a federal, state, or
local govemment that has been approved by the Department of Management Servir. s, based on a
determination that the contract is cost-effectve and in the best interest of the state,for use by one or
all Florida agencies for purchases,without the requirement of competitive procurement Alternate
contract sources are authorized by subsection 287.042(16), Florida Statutes,as implemented by Rule
60A 1.046,Florida Adminictrntive Code.
General Services Administration Schedules:The General Services Administration(GSA)is an
independent agency of the United States Government States,tribes,and local governments, and any
instrumentality thereof(such as local education agencies or institutions of higher education)may
participate in the GSA Cooperative Purchasing Program.).Refer to the appropriate GSA Schedule
for additional requirements.
U. Piggybacking
The practice of procurement by one agency using the agreement of another agency is called
piggybacking. The ability to piggyback onto an existing contract is not unlimited. The Subrecipient's
written procurement policy must be submitted to the SAA and must allow for piggybacking.The
existing contract must contain language or other legal authority authorizing third parties to make
purchases from the contract with the vendor's consent The terms and conditions of the new
contract,including the Scope of Work,must be substantially the same as those of the existing
contract The piggyback contract may not exceed the existing contract ln scope or volume of goods
or services. An agency may not use the preexisting contract merely as a°basis to begin
negotiations'for a broader or materially different contract
Section 215.971,Florida Statutes
Statutory changes enacted by the Legislature impose additional requirements on grant and Sub-
Recipient agreements funded with Federal or State financial assistance. In pertinent part, Section
215.971(1)states: J`
An agency agreement that provides state financial assistance to a Recipient or Sub-Recipient, as
those terms are defined in s.215.97, or that provides federal financial assistance to a Sub-
Recipient,as defined by applicable United States Office of Management and Budget circulars,
must include all of the following:
• A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient or
Sub-Recipient is required to perform.
• A provision dividing the agreement into quantifiable units of deliverables that must be
received and accepted in writing by the agency before payment. Each deliverable must be
directly related to the Scope of Work and specify the required minimum level of service to be
performed and the criteria for evaluating the successful completion of each deliverable.
• A provision specifying the financial consequences that apply if the Recipient or Sub-Recipient
fails to perform the minimum level of service required by the agreement The provision can be
excluded from the agreement only if financial consequences are prohibited by the federal
50
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
agency awarding the grant Funds refunded to a state agency from a Recipient or Sub-
Recipient for failure to perform as required under the agreement may be expended oniy in
direct support of the program from which the agreement originated.
• A provision specifying that a Recipient or Sub-Recipient of federal or state financial
assistance may expend funds only for allowable costs resulting from obligations incurred
during the specified agreement period
• A provision specifying that any balance of unoblgated funds which has been advanced or
paid must be refunded to the state agency.
• A provision specifying that any funds paid in exr 'ss of the amount to which the Recipient or
Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded
to the state agency.
• Any additional information required pursuant to s.215.97.
V. Unique Entity Identifier and System for Award Management(SAM)
Sub-Recipients for this award must:
• Be registered in SAM:
• Provide a valid DUNS number; and
• Continue to maintain an active SAM registration with current information at all times during
which it has art active federal award.
W. Reporting Requirements
1. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within thirty(30)days after the end of the
reporting periods (March 31,June 30, September 30,and December 31)for the life of this
contract.
• If a report(s)is delinquent,future financial reimbursements will be withheld until the
Sub-Recipient's reporting is current.
• if a report goes three(3)consecutive quarters from date of execution without the
Sub-Recipient reflecting any activity and/or expenditures it will result in the issuance
of a noncompliance letter, and a written justification must then be provided.
o Based on the SAA's determination,the Sub-recipient will have 30 days to
submit a letter of appeal to the SAAMSA.
o Subrecipients will only be allowed one opportunity to appeal.
o if the appeal is denied, or if there is no response to the notification of
noncompliance,the Sub-recipient's funds will be terminated.
• If a report goes four(4)consecutive quarters from date of execution without the Sub-
Recipient reflecting any activity and/or expenditures it will result in termination of
the agreement.
Programmatic Reporting Schedule
Reporting Period Report due to FDEM no later than
January 1 through March 31 April 30 i 1
April 1 through June 30 July 31
51
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
July 1 through September 30 October 31
October 1 through December 31 January 31
2. Programmatic Reporting-Biannual Strategic implementation Report(BSIR):
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:/lwww.reportinq.odp.dhs.00v. 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 any
time during the contract period. Reimbursements must be requested within ninety(90)calendar
days of expenditure of funds,and quarterly at a minimum. Failure to submit request for
reimbursement within ninety(90)calendar days of expenditure shall result in denial of
reimbursement. The Sub-Recipient should include the categorys 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 sixty
(60)calendar days after the agreement is either completed or the agreement has expired.
5. Administrative Closeout
An administrative closeout may be conducted when a recipient is not responsive to the Division's
reasonable efforts to collect required reports,forms,or other documentation needed to complete
the standard award and/or closeout process. FDEM will make three written attempts to collect
required information before initiating an administrative closeout if an award is administratively
closed,FDEM may decide to impose remedies for noncompliance per 2 G.F.R. §200.338,
consider this information in reviewing future award applications,or apply special conditions to
existing or future awards.
X. Period of Performance(POP)Extensions
Extensions to the period of perfor rrrance identified in the agreement are allowable under limited
circumstances and will only be considered through format,written requests to the SAA All extension
requests must contain specific and compelling justifications as to why an extension is required,and
must address the following:
1.The grant program,fiscal year,and agreement number,
2. Reason for the delay—including details of the legal,policy,or operational challenges that
prevent the final expenditure of awarded funds by the deadline;
3.Current status of project activity;
4.Requested POP termination date and new project completion date:
5.Amount of funds reimbursed to date;
6. Remaining available funds;
7. Budget outlining how the remaining funds will be expended;
. 8. Plan for completion, including milestones and timeframes for achieving each milestone
and the position or person responsible for implementing the plan for completion; and
9. Certification that the activity(ies)will be completed within the extended POP without any
modification to the original statement of work,as described in the investment justification
and as approved by FEMA.
52
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
Extension requests are typically granted for no more than a six-month period,and will be granted only
due to compelling legal, policy,or operational challenges.Extension requests will only be considered
for the following reasons:
• Contractual commitments by the recipient or subrecipient with vendors prevent completion
of the project within the existing POP;
• The project must undergo a complex environmental review that cannot be completed
within the existing POP;
• Projects are long-term by design,and therefore acceleration would compromise core
programmatic goals;or
• Where other special or extenuating circumstances exist
Y. Programmatic Point of Contact
Contractual Point of Contact Programmatic Point of Contact
Chanda Jenkins Michael Day
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100 Tallahassee,FL 32399-2100
(850)815-4342 (850)815-4346
Chanda.Jenkins@em.myflorida.com Michael.Day@em.myflorida.com
Z. Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in Scope of Work.
• The FDEM shall administer the financial processes.
AA. Failure to Comply
• Failure to comply with any of the provisions outlined above shall result in disallowance of
reimbursement for expenditures.
53
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ATTACHMENT C
DELIVERABLES AND PERFORMANCE
State Homeland Security Program(HSGP): HSGP 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.
Planning Deliverable:Subject to the funding limitations of this Agreement,the Division shall reimburse
the Sub-Recipient for the actual cost of successfully completing Planning activities consistent with,the
guidelines contained in the Comprehensive Planning Guide CPG 101 v.2. For additional information,
please coo http://www.fema.qov/pdf/ahniit/rfivisions/npd/CPQ 1Q1 V2,p¢f or grant guidance(Notice of
Funding Opportunity). For the purposes of this Agreement,any planning activity such as those associated
with the Threat and Hazard identification and Risk Analysis(THIRA), State Preparedness Report(SPR),
and other planning activities that support the National Preparedness Goal(NPG) and place an emphasis
on updating and maintaining a current Emergency Operations Plan(EOP)are eligible.The Sub-Recipient
car successfully complete a planning activity either by creating or updating such plan(s).
Organization Deliverable: Subject to the funding limitations of this Agreement,the Division shall
reimburse the Sub-Recipient for the actual eligible costs for Personnel, Intelligence Analysts,Overtime
and Operational Overtime.
Training Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse
the Sub-Recipient for the actual cost of successfully completing a training course listed on the
Department of Homeland Security(DHS)approved course catalog. For non-DHS approved courses the
Sub-Recipient shall obtain advance FDEM approval using the Non-TED form by contacting their grant
manager. The DHS course catalog is available online at http://traininq.fema.gov/. For the purposes of
•
this Agreement,any training course listed on the DHS approved course catalog qualifies as an authorized
course. The Sub-Recipient can surressfully complete an authorized course either by attending or
conducting that course.
Equipment Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse ••
the Sub-Recipient for the actual cost of purchasing an item identified in the approved project funding
template and budget of this agreement and listed on the DHS Authorized Equipment List(AEL). For the
purposes of this Agreement, any item listed on the.AEL qualifies as an authorized item. The 21 allowable
prevention, protection, mitigation, response,and recovery equipment categories and equipment
standards for HSGP are listed on the web-based version of the Authorized Equipment List(AEL)on the
Lessons Learned Information System at httpJ/beta.fema_gov/authorized-equipment-list. In addition,
agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the
requested equipment.
Management Deliverable: Subject to the funding limitations of this Agreement,the Division shall
reimburse the Sub-Recipient for the actual cost for Management and Administration (M&A)activities.
Costs for allowable items will be reimbursed if incurred and completed within the period of
performance, in accordance with the Budget and Scope of Work,Attachments A and B of this
agreement
54
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ATTACHMENT D
Program Statutes and Regulations
1) Age Discrimination Act of 1975 42 U.S.C. §6101 et seq.
2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) Chapter 252. Flonda Statutes
6) Title Vl of the Civil Rights Act of 1964 42 U.S_C.§2000 et seq.
7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C.§3601 et seq.
8) Copyright notice 17 U.S.C.§§401 or 402
9) Assurances,Administrative Requirements,Cost Principles, Representations and Certifications
2 C.F.R. Part 200
10) Debarment and Suspension Executive Orders 12549 and 12689
11) Drug Free Workplace Act of 1988 41 U.S.C. §701 et seq.
12) Duplication of Benefits 2 C.F.R. Part 200, Subpart E
13) Energy Policy and Conservation Act 42 U.S.C.§6201
14) False Claims Ad and Program Fraud Civil Remedies 31 U.S.C.§3729-3733 also 31 U.S C. §
3801-3812
15) Fly America Act of 1974 49 U.S.C.§41102 also 49 U.S.C.§40118
16) Hotel and Motel Fire Safety Act of 1990 15 U.S.C. §2225a
17) Lobbying Prohibitions 31 U.S.C. §1352
18) Patents and Intellectual Property Rights 35 U.S.C. §200 et seq.
19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act
20) Terrorist Financing Executive Order 13224
21) Title IX of the Education Amendments of 1972(Equal Opportunity in Education Act)20 U.S.C.§
1681 et seq.
22) Tidfficking Vic-turns Protection Act of 2000 22 U.S.C.§7104
23) Rehabilitation Act of 1973 Section 504, 29 U.S.C. §794
24) USA Patriot Act of 2001 18 U.S.C. § 175-172c
25) Whistleblower Protection Act 10 U.S.C.§2409,41 US.C. §4712,and 10 U.S.C. §2324,41
U.S.C. §4304 and§4310
26) 53 Federal Register 8034
27) Rule Chapters 27P-6, 27P-11,and 27P-19, Florida Administrative Code
55
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-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 Fiscal Year 2021 Anticipated Expenditures for
(list applicable line items) First Three Months of Contract
For example
ADMINISTRATIVE COSTS:
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,but
is not limited to the following: 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)
'REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE BY CASE BASIS*
Signature of Sub-Recipient Date:
Name and Title of Sub-Recipient
56
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ATTACHMENT
WARRANTIES AND REPRESENTATIONS
Financial Management
The Sub-Recipient's financial management system must comply with 2 C.F.R.§200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.F.R.§200. Part D—Post Federal Award Requirements—Procurement Standards(2
C.F.R.§§200.318 through 200.327).
Business Hours
The Sub-Recipient shall have its offices open for business,with the entrance door open to the
public,and at IPast one employee on site,from: Monday through Friday, 8 a.m. to 5 p.m.
Licensing and Permitting
All subcontractors or employees hired by the Sub-Recipient shall have all current licenses and
permits required for the particular work for which they are hired by the Sub-Recipient
57
DocuSign Envelope ID: 5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ATTACHMENT G
CERTIFICATION REGARDING
DEBARMENT,SUSPENSION,INELIGIBILITY
AND VOLUNTARY EXCLUSION
Subcontractor Covered Transactions
The prospective suljLunUdului, cf the
Sub-Recipient certifies, by submission of this document,that neither it,its principals, nor its affiliates are
presently debarred, suspended, proposed for debarment,declared ineligible,voluntarily excluded, or
disqualified from participation in this transaction by any Federal department or agency.
SUB-CONTRACTOR.
BY
Signature Sub-Recipient's Name
Name and Tlie FDEM Contract Number
Street Address DHS Grant Award Number
City, State, Zip
Date
58
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ATTACHMENT H
STATEMENT OF ASSURANCES
All of the instructions, guidance, limitations,and other conditions set forth in the Notice of Funding
Opportunity(NOFO)for this program are incorporated here by reference in the terms and conditions of
your award. All Sub-Recipients must comply with any such requirements set forth in the program NOFO.
All Sub-Recipients who receive awards made under programs that prohibit supplanting by law must
ensure that Federal funds do not replace(supplant)funds that have been budgeted for the same purpose
through non-Federal sources.
All Sub-Recipients must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposals, bid invitations,and other documents describing projects or programs
funded in whole or in part with Federal funds.
Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be
charged to other Federal awards to overcome fund deficiencies,to avoid restrictions imposed by Federal
statutes, regulations, or terms and conditions of the Federal awards,or for other reasons. However,this
prohibition would riot preclude a Sub-Recipient from shifting costs that are allowable under two or more
Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of
the Federal award.
Sub-Recipients are required to comply with the requirements set forth in the government-wide Award
Term regarding the System for Award Management and Universal Identifier Requirements located at 2
C.F.R. Part 25,Appendix A,the full text of which incorporated here by reference in the terms and
conditions of your award.
All Sub-Recipients must acknowledge and agree to comply with applicable provisions governing DHS
access to records,accounts,documents, information,facilities,and staff.
1. Sub-Recipient must cooperate with any compliance review or compliant investigation conducted
by the State Administative Agency or DHS.
2. Sub-Recipient will give the State Administrative Agency, DHS or through any authorized •
representative, acr.Pss to and the right to examine and copy, records,accounts, and other
documents and sources of information related to the federal financial assistance award and
pen-nit arness to facilities,personnel,and other individuals and information as may be
necessary, as required by DHS regulations and other applicable laws or program guidance.
3. Sub-Recipient must submit timely,complete, and accurate reports to the FDEM and maintain
appropriate backup documentation to support the reports. Sub-Recipients must also comply with
all other special reporting,data collection and evaluation requirements,as prescribed by law or
detailed in program guidance.
4. Sub-Recipient will acknowledge their use of federal funding when issuing statements,press
releases, requests for proposals, bid invitations, and other documents describing projects or
programs funded in whole or in cart with Federal funds.
5. Sub-Recipient who receives awards made under programs that provide emergency
communications equipment and its related activities must comply with SAFECOM Guidance
for Emergency Communications Grants, including provisions on technical standards that ensure
and enhance interoperabie communications.
6. When original or replacement equipment acquired under this award by the Sub-Recipient is no
longer needed for the original project or program or for other activities currently or previously
59
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
supported by DHS/FEMA,you must request instructions from FDEM to make proper disposition
of the equipment pursuant to 2 C.F.R. Section 200.313.
7 DHS/FEMA funded activities that may require an EHP review are subject to FEMA's
Environmental Planning and Histonc Preservation (EHP)review prods. This review does
not address all federal, state,and local requirements.Acceptance of federal funding requires
recipient to comply with all federal, state,and local laws. Failure to obtain all appropriate
federal, state,and local environmental permits and clearances may jeopardize federal funding.
If ground disturbing activities occur during construction, applicant will monitor ground
disturbance, and if any potential archeological resources are discovered,applicant will
immediately cease work in that area and notify the pass-through entity, if applicable,and
DHS/FEMA
8. Sub-Recipient will comply with the applicable provisions of the following laws and policies
prohibiting discrimination:
a. Title VI of the Civil Rights Act of 1964, as amended,which prohibits discrimination based
on race,color,or national origin(including limited English proficiency)
b. Section 504 of the Rehabilitation Act of 1973,as amended,which prohibits discrimination
based on disability.
c. Title IX of the Education Amendments Act of 1972, as amended,which prohibits
discrimination based on sex in education programs or activities.
d. Age Discrimination Act of 1975,which prohibits discrimination based on age.
e. U.S. Department of Homeland Security regulation 6 C.F.R.Part 19,which prohibits
discrimination based on religion in social service programs.
60
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ATTACHMENT I
MANDATORY CONTRACT PROVISIONS
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required
provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be
required:1
Appendix II to Part 200—Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity,all contracts
made by the non-Federal entity under the Federal award must contain provisions covering the following,
as applicable.
(A)Contracts for more than the simplified acquisition threshold,which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
Council(Councils)as authorized by 41 U.S.C. 1908,must address administrative, contractual,or legal
remedies in instances where contractors violate or breach contract terms,and provide for such sanctions
and penalties as appropriate.
(B)All contracts in excess of$10,000 must address termination for cause and for convenience by
the non-Federal entity including the manner by which it will be affected and the basis for settlement
(C)Equal Employment Opportunity.Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of'federally assisted construction contract'in 41 CFR Part 60-1.3 must
include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive
Order 11246,'Equal Employment Opportunity'(30 FR 12319, 12935,3 CFR Part, 1964-1965 Comp., p.
339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal
Employment Opportunity,"and implementing regulations at 41 CFR part 60,'Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor.'
(D)Davis-Bacon Act, as amended(40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must
include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144,and 3146-3148)as
supplemented by Department of Labor regulations(29 CFR Part 5,'Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the
statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week The non-Federal entity must place
a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination.The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency The contracts must also include a provision for compliance with the Copeland
'Anti-Kickback'Act(40 U.S.C. 3145),as supplemented by Department of Labor regulations(29 CFR Part
3,'Coidrectors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States').The Act provides that each contractor or Sub-recipient must be
prohibited from inducing, by any means, any person employed in the construction,completion,or repair of
public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-
Federal entity must report all suspected or reported violations to the Federal awarding agency.
(E)Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable, all
contrails awarded by the non-Federal entity in excess of$100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as
supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S C.§ 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
For example,the Davis-Bacon Act is not applicable to other FEMA grant and cooperative agreement
programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub-
recipient may include the provision in its subcontracts.
61
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
standard work week of 4C hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. §3704 are
applicable to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous.These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market,or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the
definition of'funding agreement'under 37 CFR§401.2(a)and the recipient or Sub-recipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental,developmental, or research work under that'funding
agreement„'the recipient or Sub-recipient must comply with the recuirements of 37 CFR Part 401, 'Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,'and any implementing regulations issued by the awarding
agency.
(G)Clean Air Act(42 U.S.C. §§7401-7671q.)and the Federal Water Pollution Control Act(33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act(42 U S.C. §§7401-7671q)and the Federal
Water Pollution Control Act as amended(33 U.S.C. §§ 1251-1387).Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
(H)Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(see 2
CFR§ 180.220) must not be made to parties listed on the govemmentwide Excluded Parties List System
in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549(3 CFR Part 1986 Comp., p. 189)and 12689(3 CFR Part 1989
Comp., p.235), `Debarment and Suspension.'The Excluded Parties List System in SAM contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment(31 U.S.C.§ 1352)—Contractors that apply or bid for an
award of 5100,000 or more must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C.§ 1352. Each tier must also disclose any lobbying with
non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are •
forwarded from tier to tier up to the non-Federal award.
(J)See§200.323 Procurement of recovered materials.
(K)See§200.216 Prohibition on certain telecommunication and video surveillance services or
equipment.
(L)See§200.322 Domestic preferences for procurements
(Appendix II to Part 200, Revised Eff 11/12/2020).
Please note that the sub-recipient alone is responsible for ensuring that all language included in
its contracts meets the requirements of 2 C.F.R §200.327 and 2 C.F.R Part 200, Appendix LI.
62
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ATTACHMENT
FINANCIAL AND PROGRAM MONITORING GUIDELINES
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 Homeland
Security Grant Program(HSGP)grant guidance and statutory regulations. The monitoring process
is designed to assess a Sub-Recipient agency's compliance with applicable state and federal
guidelines.
Monitoring is accomplished utilizing various methods including desk monitoring and on-site
visits. There are two primary areas reviewed during monitoring activities-financial and
programmatic monitoring. Financial monitoring primarily focuses on statutory and regulatory
compliance with administrative grant requirements. It involves the review of records associated with
the purchase and disposition of property, projects and contracts. Programmatic monitoring seeks
to validate and assist in the grant progress,targeting issues that may be hindering project goals
and ensuring compliance with the purpose of the grant and overall grant program. Programmatic
monitoring involves the observation of equipment purchased, protocols and other associated
records. Various levels of financial and programmatic review may be accomplished during the
monitoring process.
Monitoring Selection and Scheduling:
Each year the FDEM will conduct monitoring based on a*Risk Assessmenr. The risk assessment
tool is used to help in determining the priority of Sub-Recipients that should be reviewed and the
level of monitoring that should be performed. It is important to note that although a given grant may
be closed, it is still subject to either desk or on-site monitoring for a five(5)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 NIMS/ICS compliance documentation;
• Equal Employment Opportunity(EEO Status);
• Procurement Policy
FDEM may request additional monitoringfinformation of 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.
Monitoring Activities:
Desk reviews and site visits are two forms of monitoring. Desk monitoring is the review of projects,
financial activity and technical A-c.sistance between FDEM and the applicant via e-mail and
telephone. On-site monitoring are actual visits to the Sub-Recipient agencies by Division
representatives who examines records,procedures and equipment
63
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
Desk monitoring s an on-going process. Sub-Recipients will be required to participate in desk top
monitoring as determined by FDEM. This contact will provide an opportunity to identify the need for
technical assistance(TA)and/or a site visit if FDEM determines that a Sub-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 Sub-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 FDEM for assistance. Examples of TA include but are not limited to:
• Equipment selection or available vendors
• Eligibility of items or services
• Coordination and partnership with other agencies within or outside the region or discipline
• Record Keeping
• Reporting Requirements
• Documentation in support of a Request for Reimbursement
On-site monitoring will be conducted by FDEM or designated personnel. On-site monitoring visits
will be scheduled in advance with the Sub-Recipient agency POC designated in the grant
agreement.
FDEM will also conduct coordinated financial and grant file monitoring. 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.
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/programmatic On-site monitoring checklist to assist
in the completion of all required tasks.
Site Visit Preparation
A letter will be sent to the Sub-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.All objectives of the site visit will be explained during this time.
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 selected for review should be visually inspected whenever possible. Bigger items
(computers, response vehicles, etc.)should have an asset decal(informatiun/serial number)placed
in a prominent location on each piece of equipment as per Sub-Recipient agency
requirements_ The serial number should correspond with the appropriate receipt to confirm
64
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31AOA26D3B
purchase. Photographs should be taken of the equipment(large capital 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. Other programmatic issues can
be discussed at this time, such as missing quarterly report, payment voucher/reimbursement,
equipment, questions. etc.
Post Monitoring Visit
FDEM personnel will review the On-site monitoring worksheets and backup documentation as a
team and discuss the events of the On-site monitoring.
Within Forty-Five(45)calendar days of the site visit, a post monitoring letter will be generated and
sent to the grantee explaining any issues and corrective actions required or commendations.Should
issues or findings be identified, a noncompliance letter to that effect will be generated and sent to the
Sub-Recipient. The Sub-Recipient will submit a Corrective Action Plan within a timeframe as
determined by FDEM. Noncompliance on behalf of sub-grantees is resolved by management under
the terms of the Sub-Grant Agreement.
The On-site monitoring report and all back up documentation will then be included in the Sub-
Recipient's file.
Monitoring Responsibilities of Pass-thru Entities
Subrecipients who are pass-through entities are responsible for monitoring their subrecipients in a
manner consistent with the terms of the federal award at 2 C.F.R. Part 200, including 2 C.F.R. §
200.331. This includes the pass-through entity's responsibility to monitor the activities of the
subrecipient as necessary to ensure that the subaward is used for authorized purposes, in
compliance with federal statutes, regulations,and the terms and conditions of the subaward;and
that subaward performance goals are achieved.
Subrecipient responsibilities also include but are not limited to: accounting of receipts and
expenditures, cash management,maintaining adequate financial records, reporting and refunding
expenditures disallowed by audits, monitoring if acting as a nss-through entity,other assessments
and reviews, and ensuring overall compliance with the terms and conditions of the award or
subaward. as applicable, including the terms of 2 C.F.R. Part 200.
65
DocuSign Envelope ID 5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ATTACHMENT K
EHP GUIDELINES
ENVIRONMENTAL PLANNING&HISTORIC PRESERVATION(EHP)COMPUANCE GUIDEUNES
The following types of projects are to be submitted to FEMA for compliance review under Federal
Environmenta Planning and Historic PrPsPrvation(EHP)laws and requirements prior to initiation of the
project
• New Construction,Installation and Renovation, including but not limited to:
o Emergency Operation Centers
o Security Guard facilities
o Equipment buildings(such as those accompanying communication towers)
o Waterside Structures(such as dock houses,piers,etc.)
• Placing a repeater and/or other equipment on an existing tower
• Renovation of and modification to buildings and structures that are 50 years old or older
• Any other construction or renovation efforts that change or expand the footprint of a facility or
structure including security enhancements to improve perimeter security
• Physical Security Enhancements, including but not limited to:
o Lighting
o Fencing
o Closed-circuit television (CCTV)systems
o Motion detection systems
o Barriers,doors, gates and related security enhancements
In addition,the erection of communications towers that are included in a jurisdiction's interoperable
communications plan is allowed, subject to all applicable laws, regulations,and licensing provisions.
Communication tower projects must be submitted to FEMA for EHP review.
EHP SCREENING FORM SUBMISSION
For projects requiring EHP review,the Sub-Recipient must submit the EHP Screening Form to
the State Administrative Agency(SAA)for review prior to funds being expended.The SAA Point
of Contact for EHP review is:
Ms.Felicia Pinnock
Bureau of Preparedness—Domestic Security
2555 Shumard Oak Boulevard
Tallahassee,Florida 32399-2100
Telephone: 850-815-4343
Felicia.Pinnock(a,em.myflorida.com
II. The SAA POC will forward EHP Screening Forms to DHS/FEMA for review and approval.
Ill. Sub-Recipient's must receive written approval from the SAA prior to the use of grant funds for
project implementation. THE PROJECT MAY NOT BEGIN UNTIL FINAL FEMA APPROVAL IS
RECEIVED.
66
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
ATTACHMENT L
REIMBURSEMENT CHECKLIST
PLANNING
; 1. Does the amount billed by consultant add up correctly?
D2. Has all appropriate documentation to denote hours worked been property signed'?
fl 3. Have copies of all planning materials aria work product(e.g. meeting documents, copies of plans)
been included? (Note - If a meeting was held by Sub-Recipient or contractor/consultant of Sub-
Recipient,an agenda and signup sheet with meeting date
4. Has the invoice from consultant/contractor been included? (Note — grant agreement must be
referenced on the invoice.)
5. Has proof of payment been included?
Canceled check,bank statement or transaction history(Showing the transaction was
processed by the bank)
Electronic Funds Transfer(EFT)Confirmation
Credit Card Statement&payment to credit card company for that statement
El 6. Has Attachment G (found within Agreement with FDEM) been completed for this
contractor/consultant and included in the reimbursement package?
n 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or
Purchasing Basics Attachment if further clarity is needed.
Sole Source(approved by FDEM for purchases exceeding$25,000)
State Cor trad(page showing contract#,price list)
Competitive bid results(e.g.Cuotewire,bid tabuletiwr page)
Consultants/Contractors(Note:this applies to contractors also billed under Organization}
TRAINING
1 Is the course DHS approved'?
El 2. Is there a course or catalog number?
U 3 If not,has FDEM approved the non-DHS training?
n4. Have Sign-In Sheets,Rosters and Agenda been provided?
5. If billing for overtime and/or backfill, has documentation been provided that fists attendee names,
department,#of hours spent at training,hourly rate and total amount paid to each attendee'?
Have documentation from entity's financial system been provided as proof attendees were
paid?
For backfill, has a clear delineation/cross reference been provided showing who was
backfilting who?
Ei 6. 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?
D7. Have any expenditures occurred in support of the training such as 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.
67
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
Canceled check,bank statement or transaction history(Showing the transaction was
processed by the bank)
Electronic Funds Transfer(EFT)Confirmation
Credit Card Statement&payment to credit card company for that statement
I I 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or
Purchasing Basics Attachment if further clarity is needed.
Sole Source(approved by FDEM for purchases exceeding$25,000)
State Contract(page showing contract#,price list)
Competitive bid results(e.g.Quctewire,bid tabulation page)
EXERCISE
I 1. Has documentation been provided on the purpose/objectives of the exercise?
Situation Manual
Exercise Plan
( I 2. If exercise has been conducted are the following included.
After-action report
Sign-in sheets
Agenda
Rosters
n 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 documentation from entity's financial system been provided to prove attendees were
paid?
For backfill, has a dear delineation/cross reference been provided showing who was
back-filling who?
7-1 4 Have the names on the sign-In sheet been suss-referenced with the names of the individuals for
whom exercise reimbursement costs are being sought?
I I 5. Have 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 included.
Canceled check,bank statement or transaction history(Showing the transaction was
processed by the bank)
Electronic Funds Transfer(EFT)Confirmation
Credit Card Statement&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 included.
Canceled check,bank statement or transaction history(Showing the transaction was
processed by the bank)
_Electronic Funds Transfer(EFT)Confirmation
Credit Card Statement&payment to credit card company for that statement
n 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or
Purchasing Basics Attachment if further clarity is needed.
Sole Source(approved by FDEM for purchases exceeding$25,000)
State Contract(page showing contract#,price list)
Competitive bid results(e.g.Quotewire,bid tabulation page)
EQUIPMENT
n1. Have all invoices been included?
68
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
I i 2. Has an AEL#been identified for each purchase?
3. If service/warranty expense are listed,are they only for the performance period of the grant?
7 4. Has prof of payment been included?
I 1 Canceled check,bank statement or transaction history(Showing the transaction was
prorpssed by the bank)
Electronic Funds Transfer(EFT)Confirmation
Credit Card Statement&payment to credit card company for that statement
n 5. if EHP form needed,has a copy of the approval DHS been included?
n6. Has proof of purchase methodology been included'? Please see Form 5 of Reporting Forms or
Purchasing Basics Attachment if further clarity is needed.
Sole Source(approved by FDEM for purchases exceeding$25,000)
State Contract(page showing contract#,price list)
Competitive bid results(e.g.Quotewire,bid tabulation page)
TRAVELICONFERENCES
n 1. Have all receipts been fumed in,itemized and do the dates on the receipts match travel dates?
Airplane receipts
Proof of mileage(Google or Yahoo map printout or mileage log)
Toll and/or Parking receipts
Hotel receipts(is there a zero balance?)
Car rental receipts
Registration fee receipts
Note: Make sure that meals paid for by conference are not included in per diem amount
7 2 If travel is a conference has the conference agenda been included?
n3. Has proof of payment to traveler been included?
Canceled check,bank statement or transaction history(Showing the transaction was
processed by the bank
Electronic Funds Transfer(Et-I)Confirmation
Credit Card Statement&payment to credit card company for that statement
Copy of paycheck if reimbursed through payroll
SALARY POSITIONS
1. Has a signed timesheet by employee and supervisor been included?Timesheet must certify the
hours and information presented as true and correct.
2. Has proof for time worked by the employee been included? Is time period summary included?
Statement of Earnings
Copy of Payroll Check
Payroll Register
For fusion center analysts,have the certification documents been provided to the SAA to
demonstrate compliance with training and experience standards?
ORGANIZATION
l 1. If billing for overtime and badkfill, has a spreadsheet been provided that bets attendee names,
department,#of hours spent at exercise,hourly rate and total paid to each attendee?
Have documentation from entitys financial system been provided to prove attendees were
paid?
69
DocuSign Envelope ID:5DEF5DBB-869E-401B-897C-3F31A0A26D3B
For backfill, has a dear delineation/cross reference been provided showing who was
badcfilling who?
FOR ALL REIMBURSEMENTS-THE FINAL CHECK
ri1. Have all relevant forms been completed and included with each request for reimbursement(including
Daily Activity Reports for Or SG)?
2. Have the costs incurred been charged to the appropriate POSTE category?
n 3. Does the total on all Forms submitted match?
l ; 4. Has Reimbursement Form been signed by the Grant Manager and Financial Officer?
n 5. Has the reimbursement package been entered into Sub-Recipient records/spreadsheet?
E6. Have the quantity and unit cost beer notated on Reimbursement Budget Breakdown?
n 7. If this purchase was made via Sole Source,have you included the approved Sole Source
documentation and justification?
8. Do all of your vendors have a current W-9(Taxpayer Identification)on file?
n 9. Has the Attachment G(found within Agreement with FDEM)or proof of SAM.gov registration been
provided for the contractors/consultants with the reimbursement package.
Please note:FDEM reserves the right to update this checklist throughout the life of the grant to ensure
compliance with applicable federal and state rules and regulations.
70