Chapter 155-2 EMERGENCY MANAGEMENT DISASTER PREPAREDNESS EQUIPMENT GRANTS-IN-AID
Provisions of the Georgia Emergency Management Act of 1981,
(Ga. L. 1981, pp. 389, 390) (Ga. Code annotated, Chapter 86-18, as amended) to
which these regulations pertain are:
" (c) There is hereby created a State fund to provide
assistance to local organizations for emergency management which are authorized
by subsections (a) and (b) of this Section. Said fund shall be used for the
purpose of making grants to such local emergency management organizations to
enable such organizations to purchase or otherwise obtain equipment which is
needed for disaster preparedness. Said fund shall be administered by the
Director of Emergency Management who, by rules and regulations, shall establish
uniform criteria governing application for and the use of funds granted to
local organizations for emergency management pursuant to this subsection. Such
rules and regulations shall include, but shall not be limited to,
provisions:
(1) Requiring that, as a condition precedent to receiving a
State grant pursuant to this subsection, an amount equal to the State grant
shall be raised from local funds for the purchase of disaster preparedness
equipment; and
(2) Defining disaster preparedness equipment which shall
qualify for purchase by the use of matching funds made available pursuant to
this subsection; and
(3) Establishing procedures and requirements governing the
purchase of disaster preparedness equipment when matching funds made available
pursuant to this subsection are used for such purchase; and
(4) Establishing priorities governing grants made pursuant to
this subsection which shall be based on the most effective and efficient use of
disaster preparedness equipment purchased with matching funds made available
pursuant to this subsection; and
(5) Establishing forms, procedures and requirements governing
applications for grants pursuant to this subsection; and
(6) Prohibiting any single local emergency management
organization from receiving more than 12 ½ percent of the total funds
annually appropriated to carry out the provisions of this subsection.
The funds necessary to carry out the provisions of this
subsection shall come from funds specifically appropriated for such purpose by
the General Assembly."
To implement the Act; to establish uniform criteria governing
application for and use of funds granted to local organizations for emergency
management under the Act; to define equipment qualified for matching funds; to
establish priorities governing grants; to limit grants to single local
organizations to the amount raised from local funds for the purchase of
disaster preparedness equipment, or 12 ½% of the total funds annually
appropriated by the General Assembly for matching grants, whichever is
lesser.
Unless a different meaning is required by the context, the
following terms used in these regulations have the meaning hereinafter
respectively ascribed to them:
| (a) |
"Qualified Organization"-a local emergency management organization which
fulfills the requirements of Rule
155-2-.06(1) below; |
| (b) |
"State Office"-the
Georgia Department of Defense, Emergency Management Division; |
| (c) |
"State Director"-the State Director of
Emergency Management, Georgia Department of Defense; |
| (d) |
"Approved"-Certified as acceptable by the
State Office; |
| (e) |
"Disaster
Preparedness Equipment"-Equipment required for alleviation of hardship and
danger during a disaster. Such equipment is over and above that required for
day-to-day functions of local government, although some equipment may serve a
dual function, day-to-day and disaster (e.g., communications
equipment); |
| (f) |
"Disaster"-an
occurrence threatening the health, safety or property of a community or larger
area; |
| (g) |
"Local Emergency
Management Director"-a person nominated by the Chief Executive Officer or
governing body of a political subdivision, approved by the State Director and
appointed by the Governor to carry out the overall responsibility of the local
emergency management program; |
| (h) |
"State Grant Funds"-Funds specifically appropriated by the General Assembly of
Georgia to carry out the provisions of Georgia Laws 1980, pp.1247-1249,
codified as Georgia Code Annotated, Section 86-1809(c), and further provided to
grantees in accordance with these rules and regulations. |
| (1) |
State
contribution for an approved purchase may not exceed 50% of the allowable
costs. No part of the applicant's share may be derived from state or federal
funds. No grant application will be processed if the jurisdiction is eligible
for assistance under another state or federal program and funds are
available. |
| (2) |
Matching fund
grants-in-aid will be provided through reimbursement to the local government.
Using procedures outlined in Rule 155-2-.08, the local government obtains
approval of the State Director for the purchase, makes the purchase paying 100%
of the cost and then submits the required documentation for reimbursement of
the approved amount up to 50% of the total cost, not to exceed 12 ½% of
the state appropriation. |
| (1) |
All disaster
preparedness equipment is qualified for approval including rescue equipment
described in Chapter 155-1, Rules and Regulations Pertaining to Rescue
Organizations. Examples of items qualified for matching grants are:
| (a) |
Emergency warning equipment; |
| (b) |
Emergency communications
equipment; |
| (c) |
Rescue
equipment-self contained breathing apparatus, portable resuscitators,
etc.; |
| (d) |
Emergency Operations
Center equipment (excluding furniture and fixtures), e.g.,
generators; |
| (e) |
Special service
boats and small watercraft required solely for emergency management emergency
use; |
| (f) |
Self-propelled wheeled
vehicles required solely for emergency management emergency use. |
|
| (2) |
Items not qualified for
approval include:
| (a) |
Equipment not directly
related to emergency management; |
| (b) |
Replacement and repair parts; |
| (c) |
Costs of transportation, rehabilitation
or installation of equipment; |
| (d) |
Furniture, buildings and land; |
| (e) |
Administrative vehicles. |
|
| (1) |
To be a
qualified organization eligible for grants-in-aid, the local emergency
management organization must:
| (a) |
Have a copy
of the city ordinance and/or county resolution establishing the local emergency
management organization on file in the State Office; |
| (b) |
Have a legally appointed Emergency
Management Director; |
| (c) |
Have an
approved local emergency and disaster operations plan; |
| (d) |
Have an approved current fiscal year
Program Paper, FEMA Form 19-1; |
| (e) |
Submit an annual Program Status Report, FEMA Form 70-13; |
| (f) |
Have DCPA Forms 856 & 860 (FEMA
forms), Assurance of Compliance and Checklist, on file at the State
Office. |
|
| (2) |
Items
acquired with state grant funds may be used for these emergency management
purposes:
| (a) |
Reserve or standby for emergency
use in emergency management or rescue functions; |
| (b) |
In the performance of activities by
assigned civil defense personnel in preparation for and during disasters or
rescue operations. As used herein, assigned emergency management personnel are:
| 1. |
Personnel employed by an emergency
management agency; |
| 2. |
Personnel
employed by an agency of government other than the emergency management agency
when actually assigned to emergency management duties; |
| 3. |
Volunteer personnel when on an emergency
management assignment; |
| 4. |
Rescue
workers when performing rescue operations or training under the direction and
control of an emergency management agency. |
|
|
| (3) |
Items acquired with state grant funds may
not be used for any purpose other than that for which approved, unless so
authorized by the State Director. The State Director has authorized the
following additional use provided that such use does not jeopardize the
immediate and unconditional availability in operating condition for the purpose
for which the item was obtained:
| (a) |
The
general use of emergency equipment when such use does not involve removal of
the equipment from its place of use for the emergency management purposes for
which obtained. |
|
| (4) |
Damage or loss.
| (a) |
Equipment acquired with
state grant funds shall be maintained in usable condition and if consumed,
lost, damaged, or destroyed shall be replaced promptly by the local emergency
management organization or local government. |
| (b) |
The replacement cost of items consumed,
lost, damaged, or destroyed in other than emergency management use, even when
such had been authorized by the State Director, is not eligible for state
contributions under this program. |
| (c) |
State may make contributions for the
replacement of equipment which is consumed, lost, damaged, or destroyed during
use for emergency management purposes. |
| (d) |
The State Office must be notified in
writing immediately when equipment is lost, damaged, or destroyed. Give project
application numbers and full details. |
|
| (5) |
Each item of equipment obtained with
state grant funds shall be marked with the official emergency management
insignia whenever practicable. Insignia decals can be obtained from the State
Office. |
| (6) |
Procurement standards
are provided for use by local governments in establishing procedures for the
purchase of disaster preparedness equipment with state grant funds. These
standards are furnished to insure that such equipment is obtained in an
effective manner and in compliance with the provisions of applicable state law.
Grants to local government by the State of Georgia are conditioned on grantee
compliance with the procurement standards. Grantee may use its own procurement
regulations which reflect applicable state and local law, rules and regulations
provided that procurements made with state grant funds adhere to the standards
set forth as follows:
| (a) |
The grantee shall
maintain a code of standards of conduct which shall govern the performance of
its officers, employees, or agents in contracting with and expending state
grant funds. Grantee's officers, employees or agents, shall neither solicit nor
accept gratuities, favors, or anything of monetary value from contractors or
potential contractors. To the extent permissible by state or local law, rules
or regulations, such standards shall provide for penalties, sanctions, or other
disciplinary actions to be applied for violations of such standards by either
the grantee officers, employees, or agents, or by contractors or their
agents; |
| (b) |
All procurement
transactions regardless of whether negotiated or advertised and without regard
to dollar value shall be conducted in a manner so as to provide maximum open
and free competition. The grantee should be alert to organizational conflicts
of interest or non-competitive practices among contractors which may restrict
or eliminate competition or otherwise restrain trade; |
| (c) |
The grantee shall establish procurement
procedures which provide for, as a minimum, the following requirements:
| 1. |
Proposed procurement actions shall be
reviewed by grantee officials to avoid purchasing unnecessary or duplicative
items; |
| 2. |
Invitations for bids or
requests for proposal shall be based upon a clear and accurate description of
the technical requirement for the equipment to be procured. Such description
shall not, in competitive procurements, contain features which unduly restrict
competition. "Brand name or equal" description may be used as a means to define
the performance or other salient requirements of a procurement, and when so
used the specific features of the named brand which must be met by offers
should be clearly specified; |
| 3. |
Positive efforts shall be made by the grantee to utilize small business and
minority-owned business sources of equipment. Such efforts should allow these
sources the maximum feasible opportunity to compete for contracts to be
performed utilizing state grant funds; |
| 4. |
Formal advertising, with adequate purchase
description, sealed bids, and public openings shall be the required method of
procurement unless negotiation pursuant to paragraph 5, below is necessary to
accomplish sound procurement. However, procurements of $100.00 or less need not
be so advertised unless otherwise required by state and local law or
regulations. Where advertised bids are obtained, the awards shall be made to
the bidder whose bid is responsive to the invitation and is most advantageous
to the grantee, price and other factors considered. Invitations for bids shall
clearly set forth all requirements which the bidder must fulfill in order for
his bid to be evaluated by the grantee. Any or all bids may be rejected when it
is in the grantee's interest to do so, and such rejections are in accordance
with applicable state and local law, rules and regulations; |
| 5. |
Procurements may be negotiated if it is
impracticable and unfeasible to use formal advertising. Prior approval of the
State Director is required if procurements of $100.00 or more are to be
negotiated. Generally, procurements may be negotiated by the grantee if:
| (i) |
The public exigency will not permit the
delay incident to advertising; |
| (ii) |
The equipment to be procured is available from only one person or firm; (all
contemplated sole source procurements where the aggregate expenditure is
expected to exceed $100.00 shall be referred to the State Office for prior
approval); |
| (iii) |
No acceptable bids
have been received after formal advertising; |
| (iv) |
The purchases are for technical
equipment requiring standardization and interchangeability of parts with
existing equipment. |
|
| 6. |
Procurement records or files for purchases in amounts in excess of $100.00
shall provide at least the following pertinent information: justification for
the use of negotiation in lieu of advertising, contractor selection, and the
basis for the cost or price negotiated. |
|
|
| (7) |
These standards do not relieve the
grantee of the contractual responsibilities arising under its contracts. The
grantee is the responsible authority, without recourse to state regarding the
settlement and satisfaction of all contractual and administrative issues
arising out of procurements entered into, in support of a grant. This includes,
but is not limited to: disputes, claims, protests of award, source evaluation
or other matters of a contractual nature. Matters concerning violation of law
are to be referred to such local and state authority as may have proper
jurisdiction. |
| (8) |
Emergency
management disaster preparedness equipment shall be controlled in accordance
with accepted or prescribed methods of accounting, identification, and
administrative responsibility. State representatives shall have access to the
equipment at all reasonable times for purpose of inspection. The state shall
also be granted ready access to the books and records of the local emergency
management organizational/local government. |
| (9) |
Property Management.
| (a) |
A physical inventory of equipment shall
be taken and the results reconciled with the property records at least once a
year. |
| (b) |
Equipment obtained with
state grant funds must, whenever practical, be marked with the official
emergency management insignia decals. |
| (c) |
The grantees are authorized to use their
own property management standards and procedures. |
| (d) |
Equipment no longer required for its
original use will be reported to the State Office for disposition
instructions. |
|
| (10) |
Disposal by Sale or Trade-In.
| (a) |
Disaster
preparedness equipment procured with state grant funds may not be disposed of
by local emergency management organizations/local government without the prior
approval of the State Emergency Management Director. |
| (b) |
Since emergency management disaster
preparedness equipment is subject to obsolescence, and since program objectives
change, the State Office will consider granting approval of the sale or
trade-in of disaster preparedness equipment previously purchased with state
grant funds subject to subparagraphs (d) and (e) below. |
| (c) |
Disposal and Replacement with Assistance
of State Grant Funds. Approval may be given for the disposal and replacement of
equipment procured through state grant funds if the proposed transaction will
provide a more effective and efficient emergency management program, and
realize the fair market value of the equipment, as determined by state.
| 1. |
In submitting a proposal to replace
equipment initially purchased with state grant funds, the local Emergency
Management Director/local government will prepare an Application for Grant,
GCDF 7-2, in the usual manner. In addition, the application shall contain a
detailed description of the equipment to be disposed of, the manner of
disposal, the amounts to be received, the purchase price of the new equipment,
and all other pertinent details, together with a complete justification
therefor. |
| 2. |
If the State Office
approves of the above, the state grant funds will be computed in accordance
with the following example:
|
Cost of new equipment
|
$
|
1,000
|
|
Sale or trade-in value of old equipment
|
|
400
|
|
Balance due on new equipment
|
$
|
600
|
|
State share (½ of balance) $300
|
|
|
|
Local share (½ of balance) $300.
|
|
|
|
|
| (d) |
Disposal Without Replacement. Equipment
purchased with state grant funds may not be disposed of without replacement
until state has made a determination that the need which justified the purchase
of the equipment by the local emergency management organization/local
government under the state grant funds program no longer exists, and the sale
will realize the fair market value of the equipment.
| 1. |
In order that such a determination can be
made, a request to dispose of disaster preparedness equipment must be prepared
by the local Emergency Management Director/local government, with a full
statement of facts, including:
| (i) |
Reference
to the project application(s) under which the procurement was made; |
| (ii) |
Condition of the equipment; |
| (iii) |
Full cost of each item when
procured; |
| (iv) |
State share of the
cost of each item; |
| (v) |
Estimated
fair market value of the equipment, together with the source of information.
(Note: the estimate shall be subject to state approval or state
appraisal. Sale at less than the estimated fair market value will not be
approved unless the sale is made pursuant to formal advertisement);
|
| (vi) |
Estimated amount to be
refunded to state (usually one-half of amount realized). |
|
| 2. |
If the transaction is approved by the
State Director, the local Emergency Management Director/local government will
be requested to forward to the State Office a check covering the state
government's share. |
|
| (e) |
Disposal and Replacement Without Assistance of Matching Funds. Approval may be
given to the disposal of equipment procured with state grant funds and its
replacement without use of matching funds if the State Director determines that
the Emergency Management need which justified the purchase of the equipment
under the state grant program no longer exists, or, if it exists, that the need
will be met by the new equipment; and the sale or trade-in will realize the
fair market value of the equipment. The procedures followed in such cases are
the same as prescribed in subparagraph (d) above, for disposal without
replacement. |
|
| (1) |
The State Director shall approve grant
applications in accordance with the following priorities:
| (a) |
Rescue equipment needed by qualified
organizations in order to meet the minimum standards to become a licensed
rescue organization; |
| (b) |
Communications equipment identified in a current Emergency Communications
Development Plan approved by the State Director. Priority will be given to
establishing a radio base station on the state emergency management frequency
(45.56 Mhz); |
| (c) |
Warning equipment
identified in a current Warning Plan approved by the State Director. Included
are radio signal encoder/decoder and associated communication
systems; |
| (d) |
Other disaster
preparedness equipment to include but not limited to:
| 1. |
Optional equipment for rescue vehicles
listed in Chapter 155-1; |
| 2. |
Special
service boats and small watercraft required solely for emergency management
emergency use; |
| 3. |
Self-propelled
wheeled vehicles required solely for emergency management emergency
use. |
|
|
| (2) |
The
State Director may revise the general priority list when necessary and publish
revisions in an appropriate media such as the state Emergency Management
Bulletin. |
| (3) |
The State Director
may approve applications for equipment in other than the listed priority for
valid reasons. Such reasons may include availability of funds, exceptional need
and unusual risk factors. |
| (1) |
Application for
state grant-in-aid funds will be made on form GCDF 7-2, Application for Grant.
The application will be completed in accordance with the instruction thereon.
Completed applications will be submitted by the local Emergency Management
Director in an original and one copy. |
| (2) |
Applications must contain a full
description of the equipment to be purchased. Estimated cost must not include
any items listed in paragraph
155-2-.05(2). |
| (3) |
Applications must be signed by the local
Emergency Management Director and an authorized official of the local political
subdivision. |
| (4) |
Additional
justification to be attached to the application includes:
| (a) |
Rescue equipment. (Reference: Chapter
155-1, Rules and Regulations Pertaining to Rescue Organizations):
| 1. |
List of minimum required equipment for
rescue vehicles on hand and to be purchased; |
| 2. |
List of optional equipment for rescue
vehicles on hand and to be purchased; |
| 3. |
Complete description of vehicle to be
purchased and certification that such vehicle meets minimum standards for
primary rescue vehicles; |
|
| (b) |
Communications equipment. A copy of the
letter of approval of the Emergency Communications Development Plan; |
| (c) |
Warning equipment. A copy of the letter
of approval of the Warning Plan; |
| (d) |
Other equipment. Sufficient information
about the planned use(s) and other facts surrounding the proposed purchase upon
which to make a decision concerning the allowability and priority of the
request. |
|
| (5) |
No
obligation will be incurred by local governments toward purchase of equipment
for which application for matching funds has been made until final action on
the request is received from the State Office. |
| (1) |
The State
Office will provide funds to local jurisdictions in the grant-in-aid program
for emergency disaster equipment by reimbursement for items procured and paid
for by local organizations. |
| (2) |
Upon receipt from the State Office of an approved application, procurement will
be effected by the local organization in accordance with the standards outlined
in Rule 155-2-.06. Funds must be
obligated by purchase order or similar document within 60 days of approval date
of GCDF 7-2 or prior to the end of the current fiscal year, whichever is
sooner. |
| (3) |
Costs in excess of
application estimates. State reimbursement is limited to one-half of the
allowable cost as specified in the approved application. If, however, the final
actual cost exceeds the estimate shown in the application for identical items
and quantities, and additional state funds are available, the state may
contribute toward the additional cost on a matching basis. The state will not
contribute toward costs resulting from procurement of items or quantities which
were not specified on the approved application. |
| (4) |
Reimbursement shall be requested using
form GCDF 7-3, Request for Reimbursement. Form GCDF 7-3 will be completed in
accordance with instructions thereon. |
| (5) |
Form GCDF 7-3 will be submitted to the
State Director in an original and one copy. A separate GCDF 7-3 will be used
for each approved Application for Grant, GCDF 7-2. |
| (6) |
Requests must be based on actual payments
to vendors by the applicant. Reimbursement will be made only for items and
quantities specified in the approved application. |
| (7) |
An authorized official of the local
political jurisdiction and the local Emergency Management Director must
authenticate the certification on form GCDF 7-3. |
| (8) |
Partial requests for reimbursement are
encouraged when unusual delays in delivery prevent the complete billing against
an approved application. |
| (9) |
When a
final request for reimbursement is submitted and some items approved for
procurement were not purchased, a statement to that effect must be attached to
the request. |
| (10) |
A copy of the
following documents and similar evidence of the transaction must be attached to
the original of each Request for Reimbursement, GCDF 7-3:
| (d) |
Evidence of competitive bidding, when
applicable; |
| (e) |
Statement that each
item has been marked with the official emergency management insignia, where
practical; |
|
The act provides that no single local emergency management
organization may receive more than 12 ½ percent of the total funds
annually appropriated for the grant-in-aid program by the General
Assembly.
| (1) |
The State
Director does not impose record retention requirements over and above those
established by the State of Georgia or local governments receiving state grant
funds except that financial records, supporting documents, statistical records,
and all other records pertinent to a grant shall be retained for a period of
three years, with the following qualifications:
| (a) |
The records shall be retained beyond the
three-year period if audit findings have not been resolved; |
| (b) |
The retention period starts from the date
of the submission of the final billing; |
| (c) |
Inventory records for property acquired
with state grant funds shall be retained for three years after date of
inventory. |
|
| (2) |
The local
governments are authorized, if they so desire, to substitute microfilm copies
in lieu of original records. |
| (3) |
The State Director, or any of his duly authorized representatives, shall have
access to any books, documents, papers, and records of the local governments
and their subgrantee which are pertinent to a specific grant program for the
purpose of making audit, examination, excerpts and transcripts. |
