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HomeMy WebLinkAbout2011-239A Contract Number : 12 -CI -24 - 10 -40 -01 - �` c I ��� G / l FEDERALLY-FUNDED SUBGRANT AGREEMENTv 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 Indian River County ( hereinafter referred to as the " Recipient" ) . THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS : A . The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein , and B . The Division has received these grant funds from the State of Florida , and has the authority to subgrant these funds to the Recipient upon the terms and conditions below ; and C . The Division has statutory authority to disburse the funds under this Agreement . THEREFORE , the Division and the Recipient agree to the following : ( 1 ) SCOPE OF WORK . The Recipient shall perform the work in accordance with the Budget and Scope of Work , Attachment A of this Agreement. ( 2 ) INCORPORATION OF LAWS , RULES , REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws , rules and regulations , including those identified in Attachment B . ( 3 ) PERIOD OF AGREEMENT . This Agreement shall begin upon execution by both parties or October 1 , 2011 , whichever is later , and shall end April 30 , 2014 , unless terminated earlier in accordance with the provisions of Paragraph ( 12 ) of this Agreement . (4 ) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing , signed by each of the parties , and attached to the original of this Agreement . ( 5 ) RECORDKEEPING ( a ) As applicable , Recipient' s performance under this Agreement shall be subject to the federal OMB Circular No . A- 102 , " Common Rule : Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" ( 53 Federal Register 8034 ) or OMB Circular No . A- 110 , " Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education , Hospitals , and Other Nonprofit Organizations , " and either OMB Circular No . A-87 , " Cost Principles for State , Local and Indian Tribal Governments , " OMB Circular No . A-21 , " Cost Principles for Educational Institutions , " or OMB Circular No . A- 122 , " Cost Principles for Non - profit Organizations . " Page 1 of 50 ( b ) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement , for a period of five years from the date the audit report is issued , and shall allow the Division or its designee , the State Chief Financial Officer or the State Auditor General access to the records upon request . The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued , unless extended in writing by the Division . The five year period may be extended for the following exceptions : 1 . If any litigation , claim or audit is started before the five year period expires , and extends beyond the five year period , the records shall be retained until all litigation , claims or audit findings involving the records have been resolved . 2 . Records for the disposition of non -expendable personal property valued at $ 5 , 000 or more at the time it is acquired shall be retained for five years after final disposition . 3 . Records relating to real property acquired shall be retained for five years after the closing on the transfer of title . ( c ) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement , including documentation of all program costs , in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations . ( d ) The Recipient , its employees or agents , including all subcontractors or consultants to be paid from funds provided under this Agreement , shall allow access to its records at reasonable times to the Division , its employees , and agents . " Reasonable" shall ordinarily mean during normal business hours of 8 : 00 a . m . to 5 : 00 p . m . , local time , on Monday through Friday . "Agents" shall include , but not be limited to , auditors retained by the Division . ( 6 ) AUDIT REQUIREMENTS ( a ) The Recipient agrees to maintain financial procedures and support documents , in accordance with generally accepted accounting principles , to account for the receipt and expenditure of funds under this Agreement . ( b ) These records shall be available at reasonable times for inspection , review , or audit by state personnel and other personnel authorized by the Division . " Reasonable " shall ordinarily mean normal business hours of 8 : 00 a . m . to 5 : 00 p . m . , local time , Monday through Friday . ( c ) The Recipient shall provide the Division with the records , reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement . ( d ) If the Recipient is a State or local government or a non - profit organization as defined in OMB Circular A- 133 , as revised , and in the event that the Recipient expends $ 500 , 000 Page 2 of 50 or more in Federal awards in its fiscal year , the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised . EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards , including Federal resources received from the Division . The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133 , as revised . An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A- 133 , as revised , will meet the requirements of this paragraph . In connection with the audit requirements addressed in this Paragraph 6 ( d ) above , the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A- 133 , as revised . If the Recipient expends less than $ 500 , 000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised , is not required . In the event that the Recipient expends less than $ 500 , 000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A- 133 , as revised , the cost of the audit must be paid from non - Federal funds . ( e ) Send copies of reporting packages for audits conducted in accordance with OMB Circular A- 133 , as revised , and required by subparagraph ( d ) above , when required by Section . 320 ( d ) , OMB Circular A- 133 , as revised , by or on behalf of the Recipient to : The Division at the following address : Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at http : //harvester . census . gov/fac/collect/ddeindex , htmI And to any other Federal agencies and pass-through entities in accordance with Sections . 320 ( e ) and ( f) , OMB Circular A- 133 , as revised . ( f) Pursuant to Section . 320 ( f) , OMB Circular A- 133 , as revised , the Recipient shall send a copy of the reporting package described in Section' . 320 ( c ) , OMB Circular A- 133 , as revised , and any management letter issued by the auditor, to the Division at the following address : Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee , Florida 32399 -2100 ( g ) By the date due , send any reports , management letter , or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Page 3 of 50 Circular A- 133 , Florida Statutes , and Chapters 10 . 550 ( local governmental entities ) or 10 . 650 ( nonprofit and for- profit organizations ) , Rules of the Auditor General , as applicable . ( h ) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A- 133 or Chapters 10 . 550 ( local governmental entities ) or 10 . 650 ( nonprofit and for-profit organizations ) , Rules of the Auditor General , ( i ) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance . (j ) The Recipient shall have all audits completed by an independent certified public accountant ( IPA) , either a certified public accountant or a public accountant licensed under Chapter 473 , Fla . Stat . The IPA shall state that the audit complied with the applicable provisions noted above . The audit must be received by the Division no later than nine months from the end of the Recipient' s fiscal year . ( 7 ) REPORTS ( a ) The Recipient shall provide the Division with quarterly reports and a close-out report . These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement , in addition to any other information requested by the Division . ( b ) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report . The ending dates for each quarter of the program year are March 31 , June 30 , September 30 and December 31 . (c ) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement , whichever first occurs . ( d ) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division , the Division may withhold further payments until they are completed or may take other action as stated in Paragraph ( 11 ) REMEDIES . "Acceptable to the Division " means that the work product was completed in accordance with the Budget and Scope of Work . ( e ) The Recipient shall provide additional program updates or information that may be required by the Division . 4 ( 8 ) MONITORING . The Recipient shall monitor its performance under this Agreement , as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement , to ensure that time schedules are being met , the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods , and other performance goals are being achieved . A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report . In addition to reviews of audits conducted in accordance with paragraph (6 ) above , monitoring procedures may include , but not be limited to , on -site visits by Division staff, limited scope audits , and/or other procedures . The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division . In the event that the Division determines that a limited scope audit of the Recipient is appropriate , the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit . The Recipient further agrees to comply and cooperate with any inspections , reviews , investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General . In addition , the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks . ( 9 ) LIABILITY ( a ) Unless Recipient is a State agency or subdivision , as defined in Section 768 . 287 Fla . Stat . , the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement , and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement . For purposes of this Agreement , Recipient agrees that it is not an employee or agent of the Division , but is an independent contractor. ( b ) Any Recipient which is a state agency or subdivision , as defined in Section 768 . 28 , Fla . Stat. , agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division , and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768 . 28 , Fla . Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies . Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract . ( 10 ) DEFAULT . If any of the following events occur ( " Events of Default" ) , all obligations on the part of the Division to make further payment of funds shall , if the Division elects , terminate and the Division has the option to exercise any of its remedies set forth in Paragraph ( 11 ) . However, Page 5 of 50 the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies , and without becoming liable to make any further payment : ( a ) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect , or if the Recipient fails to keep or perform any of the obligations , terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion , or is unable or unwilling to meet its obligations under this Agreement ; ( b ) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division . ( c ) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect , incomplete or insufficient information , ( d ) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement . ( 11 ) REMEDIES . If an Event of Default occurs , then the Division may , after thirty calendar days written notice to the Recipient and upon the Recipient' s failure to cure within those thirty days , exercise any one or more of the following remedies , either concurrently or consecutively : ( a ) Terminate this Agreement , provided that the Recipient is given at least thirty days prior written notice of the termination . The notice shall be effective when placed in the United States , first class mail , postage prepaid , by registered or certified mail - return receipt requested , to the address in paragraph ( 13 ) herein ; ( b ) Begin an appropriate legal or equitable action to enforce performance of this Agreement ; ( c ) Withhold or suspend payment of all or any part of a request for payment ; ( d ) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws , rules and regulations governing the use of these funds . ( e ) Exercise any corrective or remedial actions , to include but not be limited to : 1 . Request additional information from the Recipient to determine the reasons for or the extent of non -compliance or lack of performance , 2 . Issue a written warning to advise that more serious measures may be taken if the situation is not corrected , 3 . Advise the Recipient to suspend , discontinue or refrain from incurring costs for any activities in question or 4 . Require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible ; ( f) Exercise any other rights or remedies which may be available under law. ( g ) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity . If the Division waives any Page 6 of 50 right or remedy in this Agreement or fails to insist on strict performance by the Recipient , it will not affect, extend or waive any other right or remedy of the Division , or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. ( 12 ) TERMINATION . ( a ) The Division may terminate this Agreement for cause after thirty days written notice . Cause can include misuse of funds , fraud , lack of compliance with applicable rules , laws and regulations , failure to perform on time , and refusal by the Recipient to permit public access to any document , paper, letter , or other material subject to disclosure under Chapter 119 , Fla . Stat . , as amended . ( b ) The Division may terminate this Agreement for convenience or when it determines , in its sole discretion , that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds , by providing the Recipient with thirty calendar days prior written notice . ( c ) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement . The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement . ( d ) In the event that this Agreement is terminated , the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination . The Recipient will cancel as many outstanding obligations as possible . Costs incurred after receipt of the termination notice will be disallowed . The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient . The Division may , to the extent authorized by law , withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined . ( 13 ) NOTICE AND CONTACT . ( a ) All notices provided under or pursuant to this Agreement shall be in writing , either by hand delivery , or first class , certified mail , return receipt requested , to the representative named below , at the address below , and this notification attached to the original of this Agreement. ( b ) The name and address of the Division contract manager for this Agreement is : Nikki Hines 2555 Shumard Oak Boulevard Tallahassee , Florida 32399 -2100 Telephone : 850 -413 -9894 Email : nikki . hines@em , myflorida . com ( c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is : Page 7 of 50 John King 42! 2� Ave Vero Beach , FL 32967 Telephone : 772 -567 -2154 Fax : 772 -567-9323 Email : iking ( ircgov . 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 as outlined in ( 13 ) ( a ) above . ( 14 ) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient . The Recipient agrees to include in the subcontract that ( i ) the subcontractor is bound by the terms of this Agreement , ( ii ) the subcontractor is bound by all applicable state and federal laws and regulations , and ( iii ) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor' s performance of work under this Agreement , to the extent allowed and required by law . The Recipient shall document in the quarterly report the subcontractor' s progress in performing its work under this Agreement. For each subcontract , the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise , as defined in Section 288 . 703 , Fla . Stat . ( 15 ) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties . ( 16 ) ATTACHMENTS ( a ) All attachments to this Agreement are incorporated as if set out fully . ( b ) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments , the language of the attachments shall control , but only to the extent of the conflict or inconsistency . ( c) This Agreement has the following attachments : Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes , Regulations and Special Conditions Attachment C — Justification of Advance Payment Attachment D — Warranties and Representations Attachment E — Certification Regarding Debarment Attachment F -- Statement of Assurances Attachment G— Reimbursement Checklist Page 8 of 50 17 ) FUNDING/CONSIDERATION ( a ) This is a cost- reimbursement Agreement . The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $9354 .00 , subject to the availability of funds . Attachment G specifies the required documentation needed when submitting for cost reimbursement under this agreement. ( b ) Any advance payment under this Agreement is subject to Section 216 . 181 ( 16 ) , Fla . Stat. , and is contingent upon the Recipient' s acceptance of the rights of the Division under Paragraph ( 12 ) ( b) of this Agreement . The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three ( 3 ) months of the contract term . For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87 , A- 110 , A- 122 and the Cash Management Improvement Act of 1990 . All advances are required to be held in an interest- bearing account . If an advance payment is requested , the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C . Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds . No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. (c ) After the initial advance , if any , payment shall be made on a reimbursement basis as needed . The Recipient agrees to expend funds in accordance with the Budget and Scope of Work , Attachment A of this Agreement . ( d ) Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services . Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Recipient certifying that "all disbursements made in accordance with conditions of the Division agreement and payment is due and has not been previously requested for these amounts . " The supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost Principles . The final invoice shall be submitted within sixty ( 60 ) days after the expiration date of the agreement . An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part of the Recipient' s quarterly reporting as referenced in Paragraph 7 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress , the federal Office of Management and Budgeting , the State Chief Financial Officer or under subparagraph ( 19 )( h ) of this Agreement , all obligations on the part of the Division to make any further payment of funds shall terminate , and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division . 9 ( 18 ) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of " Division of Emergency Management" and mailed directly to the following address : Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215 . 34 ( 2 ) , Fla . Stat . , if a check or other draft is returned to the Division for collection , Recipient shall pay the Division a service fee of $ 15 . 00 or 5 % of the face amount of the returned check or draft , whichever is greater . ( 19 ) MANDATED CONDITIONS ( a ) The validity of this Agreement is subject to the truth and accuracy of all the information , representations , and materials submitted or provided by the Recipient in this Agreement , in any later submission or response to a Division request , or in any submission or response to fulfill the requirements of this Agreement . All of said information , representations , and materials is incorporated by reference . Additional special conditions are listed on Attachment B . The inaccuracy of the submissions or any material changes shall , at the option of the Division and with thirty days written notice to the Recipient , cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. ( b ) This Agreement shall be construed under the laws of the State of Florida , and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County . If any provision of this Agreement is in conflict with any applicable statute or rule , or is unenforceable , then the provision shall be null and void to the extent of the conflict , and shall be severable , but shall not invalidate any other provision of this Agreement . ( c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement . ( d ) This Agreement may be executed in any number of counterparts , any one of which may be taken as an original . ( e ) The Recipient agrees to comply with the Americans With Disabilities Act ( Public Law 101 - 336 , 42 U . S . C . Section 12101 et seg . ) , which prohibits discrimination by public and private entities on the basis of disability in employment , public accommodations , transportation , State and local government services , and telecommunications . ( f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity , may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work , may not submit bids on leases of real property to a public entity , may not be awarded or perform work as a contractor , supplier , subcontractor, or consultant under a contract with a public entity , and may Page 10 of 50 not transact business with any public entity in excess of $25 , 000 . 00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list . (g ) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies , to the best of its knowledge and belief, that it and its principals : 1 . are not presently debarred , suspended , proposed for debarment , declared ineligible , or voluntarily excluded from covered transactions by a federal department or agency; 2 , have not , within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining , attempting to obtain , or performing a public (federal , state or local ) transaction or contract under public transaction ; violation of federal or state antitrust statutes or commission of embezzlement , theft , forgery, bribery, falsification or destruction of records , making false statements , or receiving stolen property; 3 , are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal , state or local ) with commission of any offenses enumerated in paragraph 19( 8 )2 . of this certification ; and 4 . have not within a five -year period preceding this Agreement had one or more public transactions (federal , state or local ) terminated for cause or default . If the Recipient is unable to certify to any of the statements in this certification , then the Recipient shall attach an explanation to this Agreement . In addition , the Recipient shall send to the Division ( by email or by facsimile transmission ) the completed " Certification Regarding Debarment, Suspension , Ineligibility And Voluntary Exclusion " (Attachment E ) for each intended subcontractor which Recipient plans to fund under this Agreement . The form must be received by the Division before the Recipient enters into a contract with any subcontractor. ( h ) The State of Florida 's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature , and subject to any modification in accordance with Chapter 216 , Fla . Stat , or the Florida Constitution . ( i ) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j ) Any bills for travel expenses shall be submitted in accordance with Section 112 . 061 , Fla . Stat . The provisions of any special or local law, present or future , shall prevail over any conflicting provisions in this section , but only to the extent of the conflict . ( k ) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents , papers , letters or other material subject to the provisions of Chapter 119 , Fla . Stat . , which the Recipient created or received under this Agreement . 11 ( 1 ) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement , any interest income shall either be returned to the Division or be applied against the Division ' s obligation to pay the contract amount. ( m ) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers , constituting a violation of the employment provisions contained in 8 U . S . C . Section 1324a ( e ) [Section 274A( e ) of the Immigration and Nationality Act ( " INA" )] . The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A( e ) of the INA . Such violation by the Recipient of the employment provisions contained in Section 274A( e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division . ( n ) The Recipient is subject to Florida ' s Government in the Sunshine Law ( Section 286 . 011 , Fla . Stat . ) with respect to the meetings of the Recipient' s governing board or the meetings of any subcommittee making recommendations to the governing board . All of these meetings shall be publicly noticed , open to the public , and the minutes of all the meetings shall be public records , available to the public in accordance with Chapter 119 , Fla . Stat . (o) All unmanufactured and manufactured articles , materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U . S . C . 10a , unless it would not be in the public interest or unreasonable in cost. (20 ) LOBBYING PROHIBITION ( a ) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency . ( b ) The Recipient certifies , by its signature to this Agreement , that to the best of his or her knowledge and belief,- 1 . elief:1 . No Federal appropriated funds have been paid or will be paid , by or on behalf of the Recipient , to any person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract , the making of any Federal grant , the making of any Federal loan , the entering into of any cooperative agreement , and the extension , continuation , renewal , amendment or modification of any Federal contract , grant, loan or cooperative agreement . 2 . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract , grant , loan or cooperative agreement, the Recipient shall complete and submit Standard Form - LLL , " Disclosure of Lobbying Activities . " Page 12 of 50 3 . The Recipient shall require that this certification be included in the award documents for all subawards ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements ) and that all subrecipients shall certify and disclose . This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into . Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 , Title 31 , U . S . Code . Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 for each such failure . ( 21 ) COPYRIGHT PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA . ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA . ( a ) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise . ( b ) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement , or in any way connected with it , the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name . Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida . If any books , manuals , films , or other copyrightable material are produced , the Recipient shall notify the Division . Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida . ( c) Within thirty days of execution of this Agreement , the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright: The Recipient shall retain all rights and entitlements to any pre -existing intellectual property which is disclosed . Failure to disclose will indicate that no such property exists . The Division shall then , under Paragraph ( b ) , have the right to all patents and copyrights which accrue during performance of the Agreement . ( 22 ) LEGAL AUTHORIZATION . The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that it' s governing body has authorized the execution and acceptance of this Agreement . The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement . ( 23 ) ASSURANCES . The Recipient shall comply with any Statement of Assurances incorporated as Attachment F . Page 13 of 50 IN WITNESS WHEREOF , the parties hereto have executed this Agreement. °f, OMM /SS . too INDIAN RIVER COUNTYto By : C so t •2'to of Name and titl Gar C . Wheeler Chairman °•�9y' • . , ��o ° Date : ( � 110 oil Ia ``-n' R COUNT. •°+ ♦ ° •.YYtlY •• tl \M • FID# 59-6000674 STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT 1 By : �( Name and Title : Bryan Koon , Director Date : Approved : Attest : J . K . Barton , Clerk ry 1 By : P By : �. .xr J eph A Baird De` uty Clerk unty Administrator Approved as to form and . le I sufficiency : By : Assistant County Attorney Page 14 of 50 EXHIBIT — 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT ,- NOTE: GREEMENT :NOTE. If the resources awarded to the Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Federal agency : Homeland Security Catalog of Federal Domestic Assistance title and number: 97 . 067 Award amount: $ 91354 . 00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT : NOTE: If the resources awarded to the Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program : List applicable compliance requirements as follows.- 1 . ollows:1 . First applicable compliance requirement ( e. g. , what activities/services/purposes the federal resources must be used for) : Recipient is to use funding to perform the following eligible activities as identified in the United States Department of Homeland Security , Federal Emergency Management Agency , National Preparedness Directorate Fiscal Year 2011 - 1 2 State Homeland Security Grant Program ( SHSGP ) , consistent with the Department of Homeland Security State Strategy . 2 . Second applicable compliance requirement (e . g. , eligibility requirements for recipients of the resources: Recipient is subject to all administrative and financial requirements as set forth in this Agreement , or will be in violation of the terms of the Agreement . NOTE : Section . 400 ( d ) of OMB Circular A- 133 , as revised , and Section 215 . 97 ( 5 ) ( a ) , Florida Statutes , require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient . Page 15 of 50 Attachment A Budget and Scope of Work SCOPE OF WORK MUST BE APPROVED BY LEGAL PRIOR TO SENDING EACH AGREEMENT TO THE RECIPIENT Proposed Program Budget 4- Below is a general budget which outlines eligible categories and their allocation under this award . The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the " Budget Detail Worksheet" below . 1 The transfer of funds between the categories listed in the " Proposed Program Budget' is permitted . t lowever, the transfer of funds between Issues is strictly prohibited . 1 - At the discretion of the Recipient, funds allocated to Management and Administration costs (as described in the "Proposed Program Budget) may be put towards Programmatic costs instead . However, no more than 3 % of each Recipients ' total award may be expended on Management and Administration costs. Grant Recipient Agency Category Amount Allocated Planning $ 19915 I' Y 2011 - State Homeland Security Indian River County Training $ 918 Grant Program — CERT Issue 36 Exercise $ 1 , 500 Equipment $ 5 , 021 Management and Administration ( M & A ) ( the dollar amount to the right which $ corresponds to 3 % of the total local agency allocation is not in addition to total award , but is the amount that should be deducted from total award if M & A is used ). Total Award $ 99354.00 Page 16 of 50 Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award amount 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. r " 7recovery rd/threat-specific annexes that nge of prevention , protection , response, ivities mplementing homeland securitysupport programs and adopting ongoing DI IS national initiatives 50 25 1 ,250 Developing related terrorism prevention activities Developing and enhancing plans and protocols Developing or conducting assessments Hiring of full or part-time staff or contractors/consultants to assist with planning activities ( not for the purpose of hiring public safety personnel fulfilling traditional public safety duties ) Conferences to facilitate planning activities Materials required to conduct planning activities 1 665 665 Travel/per diem related to planning activities Overtime and backfill costs — Payment of overtime expenses will be for work performed by award ( SAA ) or sub-award employees in excess of the established work week ( usually 40 hours ) related to the planning activities for the development and implementation of the programs under I ISGP . Other projects areas with prior approval from FEMA Activities to achieve planning inclusive of people with disabilities Allowable Training Costs Quantity Unit Cost Total Cost Overtime and backfill for emergency preparedness and response personnel attending FEMA-sponsored and approved training classes . Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA training Training Workshops and Conferences Activities to achieve training inclusive of people with disabilities Full or Part-Time Staffor Contractors/Consultants Travel Supplies 50 18 .36 918 Tuition for higher education Other items Page 17 of 50 Sent By : IRC EMERGENCY SERV ; 7725679323 ; Feb - 9 - 12 7e39PM ; Page 4 / 6 Design, Develop, C'of and F.valuate an Nxcrcisc Fxcrcise Planning Workshop a Grant lends may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting ursts, facilitation casts, materials and supplies, travel and exercise pan development. Full or Part-Time Slatfor Contractors/Consultants OF pull or part-time staff may be hired to support exercise•related activities. Payment of salaries and fringe benefits must be in accordance with fhc polities of the state or local unit(s) of government and have the approval of the stale or the awarding agency, whichever is applicable , The scrvicos of contractors/consultants may also be pre ured to support the design, development, conduct and evaluation of CHRNF• exercises . The applicanCs formal written procurement policy or the Federal Acquisition Regulations FAR must he followed. Overtime and backfill ousts ON Overtime and backfill costs, including cxpenses for part-time and volunteer emergency response personnel participating in F FMA exercises Implementation of HSFF.13 Activities to achieve exercises inclusive of people with disabilities Travel - Travel ec►SIH (i .e. , airfare, mileage, per diem, hotel , eta,) arc allowable as expenses by employees who are on travel status for official btisjil related k, the planning and conduct of the exercise project(s). These costs must be in aacardanM with state law as highlighted in the OJP Financial Guide. Stales must also follow slate regulations regarding travel, If a state or territory does not have a travel policy they must follow federal guidelines and rales, as explained in the OJP brinarictal GWde, For ONO further information on Federal law pertaining to travel costs lease refer to F,tro_l/www.oL.0 P sdD'_¢av/FinL'niFdc Supplies - Supplies are items that are expended or aonsurnO during the course of the planning and conduct of the exercise po•ojcct( s ) (c,g „ copying paper, gloves, 2 Jp 1 ,000 tape, mimstcrile tuasks, and dimmsable ploleutive c ui ment). IFF Other Items - These costs include the rental of space/locations for exerciw planning and conduct, 2 2S0 8110 C♦♦xercigE sips badges. CIC. +11{ ��y� .igp�tatrlitt ` VOLVO NA tart t(N %t 't3tA1} >i7Fb t1� 1 t44F ,IN r 11 1Vlltttdlllg#LftC' ^,O�/IR' / . \l 'N1 1. MWNy( ;4WD r� I li ) ,;,,,,y �.,j .y♦ i IR lt` t k lwF X d rl VIA r N V,� 11 � X,N t��1 0 0 �,�i �y . Y NO 11h I IN +U Tf XL ,7 ,W ` 1 / N' � ' , y� � �l� ��y ' �,, : r .� �a ) 'WOONO V ,yL,y, ��y may ' 1 , ♦ J✓f 1 11r�V � iit�ilt(t'idlFttt"',ttlr� `r f t"y 1 e 1+� Personal Protective Equipment IF 2I0N-all-twi : F.t1 C'FUSsfctyKits 46 61 . 00 21X06 F F1 C'BRNE Operational Search and Rescue Equipment Wage 18 of 56 Information Technology 04HW- BARC Barcode Equipment 1 2215 2215 Cyber Security Enhancement Equipment Interoperable Communications Equipment Medical Power CBRNE Logistical Support Equipment Disability Access and Functional Needs Other authorized equipment costs (include any construction or renovation costs in this category; Written approval must be provided by FEMA prior to the use of any funds for construction or renovation ) 'JAI I Hiring of full-time or part-time staff or contractors/consultants : • To assist with the management of the respective grant program • To assist with application requirements • To assist with compliance with reporting/data collection requirements Development of operating plans for information collection and processing necessary to respond to FEMA data calls. Costs associated with achieving emergency management that is inclusive of the access and functional needs of workers and citizens with disabilities Overtime and backfill costs — Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA — approved activities . Page 19 of 50 Backfill Costs also called " Overtime as Backfill " are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA — approved activities outside their core responsibilities . �F Neither overtime nor backfill expenses are the result ofan increase of Full — Time Equivalent ( FTEs ) employees . These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit( s ) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is , an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e. g. , 1 : 00 pm to 5 : 00 pm ), even though such work may benefit both activities . Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act ( FICA ), Workers ' Compensation and Unemployment Compensation. Travel expenses Meeting-related expenses ( For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at lmp : %\ v� vN oil) _ uadoj _ eo \ iI in ( iuidc ) . Acquisition of authorized office equipment, including personal computers , laptop computers, printers , LCD projectors , and other equipment or soflware which may be required to support the implementation of the homeland security strategy . The following are allowable only within the period of performance : • Recurring fees/charges associated with certain equipment, such as cell phones, faxes , etc . • Leasing and/or renting of space for newly hired personnel Page 20 of 50 B . Scope of Work Funding is provided to perform eligible activities as identified in the Fiscal Year 2011 Homeland Security Grant Program, consistent with the Department of Homeland Security State Strategy . The intent of this agreement is to complete the following approved projects : 1 . Issues and Project Description Issue 3G — Citizen Corps and Community Emergency Response Team (CERT) Program - The Citizen Corps mission is to bring community and government leaders together to coordinate the involvement of community members and organizations in emergency preparedness, planning, mitigation , response, and recovery . "The FY 2011 Citizen Corps Program (CCP ) funds provide resources for States and local communities to : • Bring together the appropriate leadership to form and sustain a Citizen Corps Council • Develop and implement a plan and amend existing plans, such as emergency operations plans ( FOP) to achieve and expand citizen preparedness and participation • Conduct public education and outreach • FnSUre clear, timely, and accessible alerts/warnings and emergency communications with the public • Develop training programs for the public, including special needs populations, for both all-hazards preparedness and volunteer responsibilities • Facilitate citizen participation in exercises • Implement volunteer programs and activities to support emergency responders • Involve citizens in surge capacity roles and responsibilities during an incident in alignment with the Emergency Support Functions and Annexes • Conduct evaluations of programs and activities 114 Categories and Eligible Activities Eligible activities are outlined in the Scope of Work for each category below . FY201 I SHSGP allowable costs are divided into the following categories : planning, training, exercises, equipment, management and administration cost. Each category ' s allowable costs have been listed in the " Budget Detail Worksheet" above. Eligible activities should support the above approved projects . A . Planning Integrating non-governmental entities into the planning process is critical to achieve comprehensive comnxmity preparedness . To meet this important objective, IISGP funds may be used to support the following : • Establishing and sustaining bodies to serve as Citizen Corps Councils • Assuring that State and local government homeland security strategies , policies , guidance, plans, and evaluations include a greater emphasis on government/non -governmental collaboration , citizen preparedness , and volunteer participation • Developing and implementing a counnunity preparedness strategy for the State/local jurisdiction • Developing or reproducing accessible public education and outreach materials to : increase citizen preparedness and knowledge of protective actions (to include the national Readv Campaign materials ); promote training, exercise, and volunteer opportunities , and inform the public about emergency plans, evacuation routes , shelter locations, and public alerts/warnings o All public education and outreach materials must include the national orjurisdiction ' s Citizen Corps logo , tagline or website or the Ready logo , tagline, or website and comply with logo standards . For more information go to i up it 11 rm=,wrurpA. ,gur . In addition, all public education and outreach materials should incorporate special needs considerations, to include language, content, and method of communication o Allowable expenditures include : • Media campaigns : Public Service Announcements ( PSAs ), camera- ready materials, website support, and newsletters • Outreach activities and public events : Booth displays, event backdrops or signs, displays and demonstrations, utilizing translation services, and informational materials such as brochures/flyers • Promotional materials : Pens/pencils, pins, patches, magnets, souvenir clothing/headwear, etc . Expenditures for promotional items must not exceed 15 percent of the total Citizen Corps Program allocation ( see CCP Equipment for information on equipment caps ) • Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness and/or response. o Citizen support for emergency responders is critical through year-round volunteer programs and as surge capacity in disaster response . Citizen Corps funding may be used to establish , enhance or expand volunteer programs and volunteer recruitment efforts for Neighborhood Watch/ ( JSAonWatch , Community Emergency Response Teams 21 ( CERT), Volunteers in Police Service ( YIPS ), Medical Reserve Corps ( MRC ), and Fire Corps ; for the Citizen Corps Affiliate Programs and Organizations; and forjurisdiction specific volunteer efforts . • Examples include: o Recruiting, screening, and training volunteers ( e . g . background checks ) o Retaining, recognizing, and motivating volunteers (e . g . volunteer recognition items, such as certificates or plaques ) . o Purchasing, maintaining, or subscribing to a system to track volunteers ( to include identification and credentialing systems, and to track volunteer hours ) and other available resources in compliance with applicable privacy laws o Necessary non -structural accommodations to include persons with special needs ( i . e . sign language interpreters ) o Evaluating volunteers B. Training Training funded through the CCP includes but is not limited to: all - hazards safety, such as emergency preparedness , basic first aid , life saving skills, crime prevention and terrorism awareness, school preparedness, public health issues, mitigation/property damage prevention , safety in the home, light search and rescue skills, principles of NIMSACS , community relations , volunteer management, serving people with disabilities, pet care preparedness , any training necessary to participate in volunteer activities, any training necessary to fulfill surge capacity roles, or other training that promotes individual , family, or community safety and preparedness . '['here is no cap on the number of deliveries State or local jurisdictions may conduct of the CERT Basic Training, the CERT Dain -the-Trainer, Campus CERT 'I rain-the-Trainer, Teen CERT Train -the-Trainer, or CER' [' Program Manager courses, or supplemental/advanced training for CERT program participants . Funding for CERT training includes the delivery of the CERT Basic Training Course, supplemental training for CER ' [' members who have completed the basic training, and the CERT Train-the-Trainer training . Any CERT Basic training conducted by State or local entities must : I ) include the topics covered in the FEMA CER' ['Basic Training Course; 2 ) be instructor- led , and 3 ) and classroom-based, using lecture, demonstration , and hands-on practice throughout . Note that the Independent Study course, " Introduction to CFRT" ( IS 317 ) must not be substituted for classroom delivery of CERT basic training . Supplemental training for CERT members who have completed the basic training includes modules available on the national CERT website, as well as other supplemental training that meets the following criteria : • Relates to a reasonably foreseeable activity CER '[' members might be tasked to perform in support of emergency services responders ; or. • Increases competency and understanding of the emergency management context in which CERT members may be asked to operate ; or • Enhances understanding of a particular local hazard CERT members might encounter in their response activities Any training supported with these CCP funds should be delivered with specific consideration to include all ages , ethnic and cultural groups, persons with disabilities, and access and functional needs populations at venues throughout the community, to include schools, neighborhoods, places of worship, the private sector, non-governmental organizations, and government locations . Expenditures to provide necessary non -structural accommodations for persons with disabilities and other access and functional needs is allowable ( e. g. , sign language interpreters ). Jurisdictions are also encouraged to leverage existing training provided via educational/professional facilities and to incorporate non-traditional methodologies such as the Internet, distance learning, or home study whenever such delivery supports training objectives . Pilot courses and innovative approaches to training citizens and instructors are encouraged . Instruction for trainers and training to support the Citizen Corps Council members in their efforts to manage and coordinate the Citizen Corps mission is also an allowable use of the FY 2011 CCP funding . Allowable Training Costs Allowable training-related costs include, but arc not limited to , the following : o Funds used to develop, deliver, and evaluate training, including costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment . o Overtime and Backfill costs , as defined in this guidance, associated with attending or teaching FEMA-sponsored and/or approved training courses and programs are allowed . "These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit( s ) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from both their unit or agency of government AND from an award for a single 22 period of time ( e . g . , 1 :00 pm to 5 :00 pm ), even though such work may benefit both activities . Further, overtime costs associated with employees who participate in training in a teaching role for which they are compensated arc not allowed . o Travel costs ( e . g . , airfare, mileage, per diem, hotel ) are allowable as expenses by employees who are on travel status for official business related to approved training . o Hiring of Full or Part-Time Staff or Contractors/Consultants to support training- related activities . Payment of salaries and fringe benefits must be in accordance with the policies of the State or unil( s ) of local government and have the approval of the State or awarding agency, whichever is applicable. Such costs must be included within the funding allowed 1br program management personnel expenses, which must not exceed 15 percent ( 15%) of the total allocation as specified in section F . 6 . In no case is dual compensation allowable ( see above ) o Certification/ Recertification of Instructors is an allowable cost. States are encouraged to follow the NTE Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning . This is particularly important for those courses that involve training of trainers . This information is contained in 113 193 , issued October 20, 2005 . Additional information can be obtained at hit p tum oy 000d euidancc,'dovyIda& 10146 . C. Exercises Fxercises specifically designed for or that include participation from non -governmental entities and the general public are allowable activities and may include testing public warning systems, evacuation/shelter in -place capabilities, lamily/school /business preparedness, and participating in table-top or full scale emergency responder exercises at the local , State, tribal , territorial , or national level , to include the National Level Fxercises ( formally known as Top Officials Exercise 1TOPOFFI ). . Allowable exercise-related costs include: • Funds Used to Design, Develop, Conduct, and Evaluate an Exercise — Includes costs related to planning, meeting space and other meeting costs , facilitation costs , materials and supplies , travel , and documentation . Grantees are encouraged to use government facilities to conduct meetings and conferences whenever possible. • hiring of Full or Part-Time Staffor Contractors/Consultants — Full or part -time staff may be hired to support exercise-related activities . Such costs must be included within the hording allowed for program management personnel expenses, which must not exceed 15 percent ( 15%) of the total allocation . The applicant's formal written procurement policy or the Federal Acquisition Regulations ( FAR ) — whichever is more stringent — must be followed . hi no case is dual compensation allowable . • Overtime and Backfill — The entire amount of overtime costs, including payments related to backfilling personnel , which are the direct result of time spent on the design , development, and conduct of exercises are allowable expenses . These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit( s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable . That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time ( c . g . , 1 : 00 p . m . to 5 : 00 p. m . ), even though such work may benefit both activities. • Travel — Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise projcct( s ) or I ISEEP programmatic requirements as described in the I ISFFP website ( e . g. , Improvement Plan Workshops, Training and Exercise Plan ) . • Supplies — Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise projects ) ( e . g. , copying paper, gloves, tape, non-sterile masks , and disposable protective equipment ) . • Disability Accommodations - Materials, services , tools and equipment for exercising inclusive of people with disabilities ( physical , programmatic and communications access for people with physical , sensory, mental health , intellectual and cognitive disabilities ). • Other Items — These costs include the rental of equipment ( e . g . , portable toilets , tents ), food , gasoline, exercise signs, badges, etc . Unauthorized exercise- related costs include : • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles ( e. g . , construction vehicles ) and emergency response apparatus (e. g. , fire trucks , ambulances ). • Equipment that is purchased for permanent installation and/or use . beyond the scope ofexercisc conduct ( e. g . . electronic messaging signs ) . 23 Exercise Requirements Exercises conducted with FEMA support must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program ( HSEF. P) . IISEE. P Guidance for exercise design , development, conduct, evaluation , and improvement planning is located at haps h.N(Yl ). ,/ mgov . The HSEEP Library provides sample exercise materials and templates . All exercises using I ISGP funding must be NIMS compliant. More information is available online at the NIMS Integration Center, Imp wu a _ /rout ur elver, c n _r Hints nules. shror . Where applicable, the Training and Exercise Plans should include training and exercises that support specialized programs, such as the Regional Catastrophic Preparedness Grant Program . States arc encouraged to exercise their capabilities with regard to infants and children across all aspects of response and recovery, including pediatric medical surge capabilities and integrating the accessibility and functional needs of children and adults with disabilities . • Exercise Scenarios. The scenarios used in HSGP- funded exercises must be based on the State/Urban Area ' s Homeland Security Strategy and plans . Acceptable scenarios for SHSP, UASI , MMRS , and CCP exercises include : chemical , biological, radiological , nuclear, explosive, cyber, agricultural and natural or technological disasters . Exercise scenarios must be catastrophic in scope and size as defined by the Nalional Response Framework . The scenarios used in HSGP- funded exercises must focus on validating existing capabilities and must be large enough in scope and size to exercise multiple tasks and warrant involvement from multiple jurisdictions and disciplines and nongovernmental organizations, and take into account the needs and requirements for individuals with disabilities . Exercise scenarios should also be based on the Multiyear Training and Exercise Plan . • Special Event Planning, Ifa 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 for the purpose of the Multi- Year Training and Exercise Plan . The State or Urban Area should plan to use SI ISP 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 . 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 Training and Exercise Plan . • Exercise Evaluation Improvement. Exercises should evaluate performance ofthe objectives and capabilities required to respond to the exercise scenario . Guidance related to exercise evaluation and improvement planning is defined in the Homeland Security Exercise and Evaluation Program located at hup, J hwe dl,is eoc . • Role of Non -Governmental Entities in Exercises, Non -governmental participation in all levels of exercises is strongly encouraged . Leaders from nongovernmental entities should be included in the planning, conduct, and evaluation of an exercise. State, local , tribal , and territorial jurisdictions 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 , volunteer, and other non-governmental organizations. Non -governmental participation in exercises should be coordinated with the local Citizen Corps Council( s ) and other partner agencies . The scenarios used in I ISGP- funded exercises must focus on validating existing capabilities, must comply with and be large enough in scope and sixe to exercise multiple activities and warrant involvement from multiple jurisdictions and disciplines and non -governmental organizations , and take into account the needs and requirements for individuals with disabilities . D. Equipment All allowable equipment costs are listed in the ALL, available at kilq,_ u it it rA�h ri.s. Any equipment purchased with CCP funding must be used for specific preparedness or volunteer training or by volunteers in carrying out their response functions . CCP funding is intended only to be used for specific preparedness or volunteer training or by trained volunteers in carrying out their response functions . Examples of equipment used to support training and exercises for citizens include items such as burn pans or sample preparedness kits . Expenditures for kits used in volunteer response (e . g. , CERT or MRC kits / backpacks ) or clothing for official identification must not exceed 30 percent of the total Citizen Corps Program allocation . Clothing for official identification includes those items that volunteers are required to wear when engaging in public safety activities or disaster response ( e. g. , t-shirts for CERT members, baseball caps for Neighborhood Watch/IISAonWatch Program foot patrol members ) . E. Management and Administration - no more than 3 % of each sub-recipients total award may be expended on Management and Administration costs . Hiring of full -time or part-time staff or contractors/consultants : • To assist with the management of the respective grant program • To assist with application requirements 24 • To assist with the compliancy with reporting and data collection requirements Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls Costs associated with achieving emergency management that is inclusive of the access and functional needs of workers and citizens with disabilities Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA — approved activities . Backfill Costs also called "Overtime as Backfill " are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA — approved activities outside their core responsibilities . Neither overtime nor backfill expenses are the result of an increase of Full — Time Equivalent ( FTEs ) employees . These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s ) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. 'that is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e . g. , 1 :00 pm to 5 : 00 pm ), even though such work may benefit both activities . Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act ( FICA ), Workers ' Compensation and Unemployment Compensation . Travel expenses Meeting-related expenses ( For a complete list of allowable meeting- related expenses , please review the OJP Financial Guide at http : //www oip . usdoi . gov/FinGuide) . Acquisition of authorized office equipment The following are allowable only within the period of performance of the contract: • Recurring fees/charges associated with certain equipment , such as cell phones , faxes , etc . • Leasing and/or renting of space for newly hired personnel during the period of performance of the grant program 111 . Program Requirements A . National Incident Management System ( NIMS ) Compliance HSPD-5 , " A9anagemenl of Domestic Incidents," mandated the creation of NIMS and the National Response Plan ( NRP ) . NIMS provides a consistent framework for entities at all .jurisdictional levels to work together to manage domestic incidents, regardless of cause, size, or complexity . To promote interoperability and compatibility among Federal . State, local , and tribal capabilities, NIMS includes a core set of guidelines, standards , and protocols for command and management , preparedness, resource management, communications and information management, supporting technologies, and management and maintenance of NIMS . The NRP, using the template established by NIMS , is an all - discipline, all-hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential Incidents of National Significance, which are major events that "require a coordinated and effective response by an appropriate combination of Federal , State, local , tribal , private sector, and nongovernmental entities . " I'he NIMS Integration Center ( NIC: ) recommends 38 NIMS Compliance Objectives for nongovernmental organizations that support NIMS implementation . These activities closely parallel the implementation activities that have been required of State, territorial, tribal , and local governments since 2004 and can be found at w" w . feiiia . gov/pdt`/emergency/niiiis-/ii pdf. To integrate nonprofit organizations into the broader national preparedness effort, DHS encourages grantees to consider pursuing these recommended activities . Additionally, nongovernmental organizations grantees and sub-grantees will be required to meet certain NIMS compliance requirements . This includes all emergency preparedness , response, and/or security personnel in the organization participating in the development, implementation , and/or operation of resources and/or activities awarded through this grant must complete training programs consistent with the NIMS National Standard Curriculum Development Guide . Minimum training includes IS- 700 NIMS : An Introduction . In addition , IS - 800 . a NRP : An Introduction, Incident Command System ( ICS - 100 ), Incident Command System ( ICS-200 ), Intermediate Incident Command System ( G- 300 ), and Advanced Incident Command System ( G-400 ) are also recommended . For additional guidance on NIMS training, please refer to http : //www. fema . gov/emergency/nims/nines trainillp . shtm . Additional information about NIMS implementation and resources for achieving compliance are available through the NIMS Integration Center ( NIC ), at hutp i %Nskss 1ellia goy emerguxs Ili ills / & ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION COMPLIANCE GUIDELINES I he Iollowing types of projects are to be submitted to FEMA for compliance review under Federal environmental planning and historic preservation ( FI 111 ) 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 ) 25 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 • Field based training and exercises including activities that involve ground disturbance, use of explosives , toxic agents or otherwise have the potential to cause impact to the environment or historical resources . This is only a requirement if the exercise or field training is not being conducted by a certified professional or at an existing facility with established procedures . 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 FHP review. HIP DE 'T' ERMINATION PROCESS I . Submit the Final Screening Memo to the SAA for review prior to funds being expended . II . The SAA will review and notify the recipient of its decision . The grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements . APPROVAL PROCESS TO FEMA t . Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements , page 2 . it . The Final Screening Memo should be attached to all project information sent to the Grant Programs Directorate (GPD) for an EHP regulatory compliance review. Ill . Complete the attached National Environmental Policy Act ( NEPA ) Compliance checklist IV . Prepare maps indicating the location ( s ) ofproposed project ( Guidance provided ) V . Take photographs of the location ( s ) of proposed project (Guidance provided ) VI . Forward all documents to the SAA . All documents are then forwarded to GPD electronically via the Centralized Scheduling and Information Desk (CSID ) at askcsid a d6 tum V11 . CSID will send an email confirming receipt ofthe project description . Vill . FEMA Program Analyst sends notification to SAA when review is complete. SAA notifies recipient of FEMA ' s final decision . IX . THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED . Grantee should incorporate sufficient time and resources into the project planning process to accommodate EI IP requirements . Grantees must receive written approval from FEMA prior to the use of grant funds for project implementation . III . Reporting Requirements I . Quarterly Programmatic Reporting : The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods ( March 30 , June 30. September 30 and December 30 ) for the life of this contract . if a report(s ) is delinquent, future financial reimbursements will be withheld until the Recipient ' s reporting is current . 26 Programmatic Report qlSchedule [FReporting Period Report due to DEM no later than ,January I through March 31 April 30 pril I through .lune 30 July 31 I through Se tember 30 October 31 er I through December 31 .January 31 2 . Programmatic Reporting- 13SIR After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual Strategic Implementation Report in the Grants Reporting Tool ( GRT) htjti / Wic-po>rtina,_odp dh,�so � . The reporting periods are January I - June 30 and July I - December 31 . Data entry is scheduled for December I and June I respectively . Fuhue awards and reimbursement may be withheld if these reports are delinquent . 3. Reimbursement Requests : A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period . The Recipient should include the category ' s corresponding line item number in the " Detail of Claims" form . This number can be found in the "Proposed Program Budget" . A line item number is to be included for every dollar amount listed in the "Detail ofClaims" form . 4. Close-out Programmatic Reporting : The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days atter the agreement is either completed or the agreement has expired . 5 . Monitoring : Florida Division of Emergency Management US Department of Homeland Security Grants Program Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent , prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds . As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management ( FDF' M ) has a responsibility to track and monitor the status of the grant activity and items purchased . The monitoring process detailed in this document is designed to assess a recipient agency ' s compliance with applicable state and federal guidelines . The 1' DEM is responsible for monitoring the financial , programmatic and capability portion of the grant to include equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations . 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/capability . Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records . Various levels of financial and programmatic review may he accomplished during this process . Desk monitoring is defined as the review of projects, Imancial activity and technical assistance between the program office and the applicant via e-mail and telephone . Site visits are defined as actual visits to the recipient agency 's location by a team or members of the FDEM or their designee, to actually observe records, procedures and equipment. Frequency of annual monitoring activity : Fach year the FDFM will identify up to 50% of sub-grantees for site visit monitoring . It is important to note that although a given grant has been closed successfully- it is still subject to either desk or on -site monitoring for a five year period following closure. Examples of areas that may 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 27 Status and number of exercises Status of planning activity Anticipated projected completion Specific difficulties completing the project. Agency NIMS/ ICS compliance documentation In certain circumstances, the FDEM may request additional monitoring/information if the activity, or lack there of, on the part of the specific recipient has generated questions from the region , the sponsoring state agency or the FDEM leadership . The method of gathering this information will be determined on a case-by-case basis . Desk monitoring is an on -going process . Agency recipients will be required to participate in desk top monitoring on an annual basis and as determined by the FDEM . The agency recipients will complete and submit the desk top monitoring within 14 business calendar days of receipt. This contact will provide an opportunity to identify the need for technical assistance ( TA) and/or a site visit if the FDEM determines that a recipient is having difficulty completing their project . As difficulties/deficiencies are identified , the respective region or sponsoring agency will be notified by the program office via email . Information will include the grant recipient agency name, year and project description and the nature of the issue in question . Many of the issues that arise may be resolved at the regional or sponsoring agency level . Issues that require further TA will be referred to the FDFM for assistance . Examples of"I A include but are not limited to : 4 Equipment selection or available vendors 4- Eligibility of items or services 4- Coordination and partnership with other agencies within or outside the region or discipline Site Visits Site visits will be conducted by the FDEM or designated personnel . Site visits will be scheduled in advance with the recipient agency POC designated in the grant agreement . Monitoring questionnaires will be provided in advance of the visit . 'File FDFM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the capability review visits . Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed . All findings related to the capability review will be documented and maintained within the FDEM . Site Visit Protocol The following outlines the monitoring protocol for the FDEM : The site 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 site visit checklist to assist in the completion of all required tasks . Site Visit Preparation A letter will be sent to the recipient agency Point of Contact ( POC ) stating the purpose of the site visit at least 30 calendar days before the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the grantee ' s program . 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 . The appointment should be confirmed with the grantee in writing ( email is acceptable) and documented in the grantee folder. Any personnel from the IDEM attending the site visit will review the grantee ' s corresponding tolder(s ) before the visit . Prior to the visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum of live ( 5 ) calendar days before the visit . A reminder e-mail should be sent to all team members and the recipient POC one business day in advance of the site visit. Site Visit Once FDEM personnel have arrived at the site.. an orientation conference will be conducted . During this lime , the purpose of the site visit and the items FDEM intends to examine will be identified . If financial monitoring visit will be conducted , they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all tiles and supporting documentation . Once the supporting documentation has been reviewed , it tour/visual/spot inspection of equipment will he conducted . Each item should be visually inspected whenever possible. Bigger items ( computers, response vehicles, etc . ) should have an asset decal ( information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements . 28 The serial number should correspond with the appropriate receipt to confirm purchase . Photographs should be taken of the equipment ( large capitol expenditures in excess of $ I ,000 . per item ) . If an item is not available ( being used during time of the site visit ), the appropriate documentation must be provided to account for that particular piece of equipment . Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then conduct an exit conference with the grantee to review the findings . Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc . Post Site Visit FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review "team , if applicable . Within 30 calendar days of the site visit , a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations . Should no issues or findings be identified, a monitoring report to that effect will be generated and sent to the grantee . The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM . The Site Visit Worksheet, report and photographs will then be included in the grantee ' s file along with any documents distributed at the site visit by the grantee. C . Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Peggy Cadeaux Owen Roach FDEM FDEM 2555 Shumard Oak Blvd . 2555 Shumard Oak Blvd . Tallahassee, F1. 32399-2100 Tallahassee, FL. 32399-2100 ( 850 ) 413 -9966 ( 850 ) 410- 1599 Peggy . Cadeaux(tr? em . mytlorida . com Owen . Roach (c ,em . mytlorida . com D . Contractual Responsibilities • The FDEM shall determine eligibility of projects and approve changes in scope of work . • The FDEM shall administer the financial processes . 29 Attachment B Program Statutes , Regulations and Special Conditions 1 ) 53 Federal Register 8034 2 ) 31 U . S . C . § 1352 3 ) Chapter 473 , Florida Statutes 4 ) Chapter 215 , Florida Statutes 5 ) E . O . 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR Part 66 , Common rule 6 ) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 7 ) Section 102 (a) of the Flood Disaster Protection Act of 1973 , Public Law 93 - 234 , 87 Stat. 975 8 ) Section 106 of the National Historic Preservation Act of 1966 as amended ( 16 USC 470) , Executive Order 11593 9 ) Archeological and Historical Preservation Act of 1966 ( 16 USC 569a- I et seq . ) 10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 , 11 ) Juvenile Justice and Delinquency Prevention Act , or the Victims of Crime Act 12 ) 28 CFR applicable to grants and cooperative agreements 13 ) Omnibus Crime Control and Safe Streets Act of 1968 , as amended , 14) 42 USC 3789 (d) , or Victims of Crime Act (as appropriate) ; 15 ) Title VI of the Civil Rights Act of 1964 , as amended; 16) Section 504 of the Rehabilitation Act of 1973 , as amended; 17) Subtitle A . Title II of the Americans with Disabilities Act (ADA) ( 1990 ) ; 18 ) Title IX of the Education Amendments of 1972 ; 19) Age Discrimination Act of 1975 ; Department of Justice Non- Discrimination Regulations , 20 ) 28 CFR Part 42 , Subparts C , D , E , and G 21 ) Department of Justice regulations on disability discrimination , 28 CFR Part 35 and Part 39 Special Conditions Article I — Financial Guidelines 1 . The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements , Cost Principles , and Audit Requirements . A non- exclusive list of regulations commonly applicable to DHS grants are listed below : A . Administrative Requirements 1 . 44 CFR Part 13 , Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2 . 2 CFR Part 215 , Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education , Hospitals , and Other Non - Profit Organizations ( OMB Circular A- 110) 3 . 44 CFR Part 10 , Environmental Considerations 4 . 30 B . Cost Principles 1 . 2 CFR Part 225 , Cost Principles for State , Local and Indian Tribal Governments (OMB Circular A47) 2 . 2 CFR Part 220 , Cost Principles for Educational Institutions (OMB Circular A- 21 ) 3 . 2 CFR Part 230 , Cost Principles for Non -Profit Organizations (OMB Circular A - 122 ) 4 . 48 CFR 31 . 2 , Federal Acquisition Regulations ( FAR) , Contracts with Commercial Organizations C . Audit Requirements 1 . OMB Circular A- 133 , Audits of States , Local Governments , and Non-Profit Organizations Article II — Prohibition on Using Federal Funds Recipient understands and agrees that it cannot use any federal funds , either directly or indirectly , in support of the enactment, repeal , modification or adoption of any law, regulation or policy , at any level of government, without the express prior written approval of FEMA . Article III — Compliance with Program Guidance The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2011 Homeland Security Grant Program (HSGP) guidance and application kit. Article IV — Financial Reports (FDEM Form 1 & 2) Required Quarterly The recipient shall submit the Financial Report ( FDEM Form 1 & 2 ) within 30 days of the end of the first Federal quarter covering the grant period of performance . The recipient shall submit quarterly reports thereafter until the grant ends and final payment is received. Reports are due on January 31 , April 30 , July 31 and October 30 . A report must be submitted for every quarter of the period of performance, including partial calendar quarters , as well as for periods where no grant activity occurs . Future reimbursement requests may be withheld if these reports are delinquent . The Close- Out Report (FDEM Form 5 ) is due within sixty (60) days after the end date of the performance period . Article V — Acceptance of Post Award Changes In the event that FEMA determines that changes are necessary to the award document after an award has been made , including changes to period of performance or terms and conditions , recipients will be notified of the changes in writing . Once notification has been made , any subsequent request for funds will indicate recipient acceptance of the changes to the award . 31 Article VI — Trafficking In Persons A . Provision applicable to a recipient that is a private entity . 1 . You as the recipient , your employees , subrecipients under this award , and subrecipients ' employees may not : a . Engage in severe forms of trafficking in persons during the period of time that the award is in effect ; b . Procure a commercial sex act during the period of time that the award is in effect; or c . Use forced labor in the performance of the award or subawards under the award . 2 . We, as the State awarding agency , may unilaterally terminate this award , without penalty , if you or a subrecipient that is a private entity : a. Is determined to have violated a prohibition in paragraph A . 1 of this award term ; or b . Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A . I of this award term through conduct that is either : i Associated with performance under this award ; or ii Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180 , "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non- procurement) , " as implemented by our agency at 2 CFR Part 3000 . B . Provisions applicable to a recipient other than a private entity . We as the Federal warding agency may unilaterally terminate this award , without penalty , if a subrecipient that is a private entity : 1 . Is determined to have violated a prohibition in paragraph A . 1 of this award term ; or 2 . Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A . l of this award term through conduct that is either : a. Associated with performance under this award ; or b . Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180 , " OMB Guidelines to Agencies on 32 Government wide Debarment and Suspension (Non - procurement) , " as implemented by our agency at 2 CFR Part 3000 . C . Provision applicable to any recipient. 1 . You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A . 1 of this award term . 2 . Our right to terminate unilaterally that is described in paragraph A . 2 or B of this section : a. Implements section 106 ( g) of the Trafficking Victims Protection Act of 2000 (TVPA) , as amended (22 U . S . C . 7104 (g)) , and b . Is in addition to all other remedies for noncompliance that are available to us under this award . 3 . You must include the requirements of paragraph A . 1 of this award term in any subaward you make to a private entity . D . Definitions . For purposes of this award term : 1 . " Employee " means either : a . An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award ; or b . Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to , a volunteer or individual whose services are contributed by a third party as an in- kind contribution toward cost sharing or matching requirements . 2 . " Forced labor" means labor obtained by any of the following methods : the recruitment , harboring, transportation , provision or obtaining of a person for labor or services , through the use of force , fraud , or coercion for the purpose of subjection to involuntary servitude, peonage , debt bondage , or slavery . 3 . " Private entity" means : a. Any entity other than a State , local government, Indian Tribe , or foreign public entity , as those terms are , defined in 2 CFR 175 . 25 . b . Includes : i . A nonprofit organization , including any nonprofit institution of higher education , hospital , or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175 . 25 ( b ) . ii . A for- profit organization . 33 4 . " Severe forms of trafficking in persons , " "commercial sex act, " and "coercion" have the meanings given at section 103 of the TVPA , as amended ( 22U . S . C . 7102 ) . Article VII — Classified Security Condition A . "Classified national security information, " as defined in Executive Order (EO) 12958 , as amended , means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form . B . No funding under this award shall be used to support a contract, subaward , or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information . C . Where an award recipient has been approved for and has access to classified national security information , no funding under this award shall be used to support a contract, subaward , or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee , or other entity without prior written approval from the DHS Office of Security , Industrial Security Program Branch ( ISPB ) , or, an appropriate official within the Federal department or agency with whom the classified effort will be performed . D . Such contracts , subawards , or other agreements shall be processed and administered in accordance with the DHS " Standard Operating Procedures , Classified Contracting by States and Local Entities , " dated July 7 , 2008 ; EOs 12829 , 12958 , 12968 , as amended ; the National Industrial Security Program Operating Manual (NISPOM ) ; and/or other applicable implementing directives or instructions . All security requirement documents are located at : httL: // wNNvv . dlis . t,�o \ - / xopnbix /grants/ in (icx . slitrn E . Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward , or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract , subaward , or other agreement, the award recipient shall contact ISPB , or the applicable Federal department or agency, for approval and processing instructions . DHS Office of Security ISPB contact information : Telephone : 202447 - 5346 Email : I ) 1 ) 254AdministrativeSecuritl ' iti'dhs . ggy Mail : Department of Homeland Security Office of the Chief Security Officer ATTN : ASD/ Industrial Security Program Branch Washington , D . C . 20528 34 Article VIII — Central Contractor Registration and Universal Identifier Requirements A . Requirement for Central Contractor Registration (CCR) Unless you are exempted from this requirement under 2 CFR 25 . 110 , you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later . This requires that applicants and recipients review and update the information at least annually after the initial registration , and more frequently if required by changes in your information or another award term . B . Requirement for Data Universal Numbering System ( DUNS ) Numbers If recipients are authorized to make subawards under this award, they : 1 . Must notify potential subrecipients that no entity ( see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you . 2 . May not make a subaward to an entity unless the entity has provided its DUNS number to you . CO Definitions For purposes of this award term : 1 . Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient . Additional information about registration procedures may be found at the CCR Internet site (currently at http : //wwv\ . ccr . gov ) . 2 . Data Universal Numbering System (DUNS ) number means the nine digit number established and assigned by Dun and Bradstreet, Inc . (D &B ) to uniquely identify business entities . A DUNS number may be obtained from D & B by telephone (currently 866 - 705 - 5711 ) or the internet (currently at http : //fed (,) ov . ndb . com / webiorm ) . 3 . Entity , as it is used in this award term , means all of the following, as defined at 2 CFR part 25 , subpart C : a . A Governmental organization , which is State , local government or Indian Tribe ; b . A foreign public entity ; c . A domestic or foreign nonprofit organization ; d . A domestic or foreign for-profit organization ; and 35 e . A Federal agency , but only as a sub recipient under an award or subaward to a non- Federal entity . 4 . Subaward : a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient . b . The term does not include your procurement of property and services needed to carry out the project or program (for further explanation , see Sec . - - - - . 210 of the attachment to OMB Circular A - 133 , "Audits of States , Local Governments , and Non -Profit Organizations ") . c . A subaward may be provided through any legal agreement, including an agreement that you consider a contract . 5 . Subrecipient means an entity that : a . Receives a subaward from you under this award ; and b . Is accountable to you for the use of the Federal funds provided by the subaward . Article IX — Reporting Subawards and Executive Compensation A . Reporting of first-tier subawards . 1 . Applicability . Unless you are exempt as provided in paragraph d . of this award term , you must report each action that obligates $ 25 , 000 or more in Federal funds that does not include Recovery funds (as defined in section 1512 (a) (2) of the American Recovery and Reinvestment Act of 2009 , Pub . L 111 - 5 ) for a subaward to an entity ( see definitions in paragraph e . of this award term ) . 2 . Where and when to report. a . You must report each obligating action described in paragraph a . 1 . of this award term to lutp : //www . lsrs . g ov . b . For subaward information , report no later than the end of the month following the month in which the obligation was made . ( For example, if the obligation was made on November 7 , 2010 , the obligation must be reported no later than December 31 , 2010 . ) 3 . What to report . You must report the information about each obligating action that the submission instructions at http : //www . f srs . goy specify . Be Reporting Total Compensation of Recipient Executives . 36 1 . Applicability and what to report . You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if- a . the total Federal funding authorized to date under this award is $ 25 , 000 or more ; b . in the preceding fiscal year, your received - i . 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170 . 320 (and subawards) ; and ii . $ 25 , 000 , 000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170 . 320 (and subawards) ; and c . The public does not have access to information about the compensation of the executives through periodic reports filed under section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 ( 15 U . S . C . 78m (a) , 78o (d)) or section 6104 of the Internal Revenue Code of 1986 . (To determine if the public has access to the compensation information, see the U . S . Security and Exchange Commission total compensation filings at http : //www . sec . gov /answers /cxccomp lhtm ) 2 . Where and when to report . You must report executive total compensation described in paragraph b . 1 . of this award term : a . As part of your registration profile at http : //wwxvItccr . g)ov . b . By the end of the month following the month in which this award is made, and annually thereafter. C . Reporting of Total Compensation of Subrecipient Executives . 1 . Applicability and what to report . Unless you are exempt as provided in paragraph d . of this award term , for each first-tier subrecipient under this award , you shall report the names and total compensation of each of the subrecipient ' s five most highly compensated executives for the subrecipient ' s preceding completed fiscal year, if- a. In the subrecipient ' s preceding fiscal year, the subrecipient received - i . 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act , as defined at 2 CFR 170 . 320 (and subawards) ; and ii . $ 25 , 000 , 000 or more in annual gross revenues from Federal procurement contracts ( and subcontracts) , and Federal financial assistance subject to the Transparency Act (and subawards ) ; and b . The public does not have access to information about the compensation of the executives through periodic reports filed under 37 section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 ( 15 U . S . C . 78m (a) , 78o (d)) or section 6104 of the Internal Revenue Code of 1986 . (To determine if the public has access to the compensation information , see the U . S . Security and Exchange Commission total compensation filings at httu : /hvw" . sec . gov/answers/execomp htm ) 2 . Where and when to report. You must report executive total compensation described in paragraph c . 1 . of this award term : a . To the recipient . b . By the end of the month following the month during which you make the subaward . For example , if a subaward is obligated on any date during the month of October of a given year (i . e . , between October 1 and 31 ) , you must report any required compensation information of the subrecipient by November 30 of that year . D . Exemptions 1 . If, in the previous tax year, you had gross income , from all sources, under $ 300 , 000 , you are exempt from the requirements to report : a . Subawards , and b . The total compensation of the five most highly compensated executives of any subrecipient . E . Definitions . For purposes of this award term : 1 . Entity means all of the following , as defined in 2 CFR part 25 : a. A Governmental organization , which is State , local government or Indian Tribe ; b . A foreign public entity ; c . A domestic or foreign nonprofit organization ; d . A domestic or foreign for-profit organization ; and e . A Federal agency , but only as a sub recipient under an award or subaward to a non -Federal entity . 2 . Executive means officers , managing partners , or any other employees in management positions . 3 . Subaward : a . This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient . b . The term does not include your procurement of property and services needed to carry out the project or program (for further explanation , see 38 Sec . . 210 of the attachment to OMB Circular A - 133 , "Audits of States , Local Governments , and Non -Profit Organizations") , c . A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract . 4 . Subrecipient means an entity that : a. Receives a subaward from you (the recipient) under this award; and b . Is accountable to you for the use of the Federal funds provided by the subaward . 5 . Total compensation means the cash and noncash dollar value earned by the executive during the recipient ' s or subrecipient ' s preceding fiscal year and includes the following (for more information see 17 CFR 229 . 402 (c) (2 )) : a. Salary and bonus . b . Awards of stock, stock options , and stock appreciation rights . Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No . 123 (Revised 2004) (FAS 123R) , Shared Based Payments . c . Earnings for services under non-equity incentive plans . This does not include group life , health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives , and are available generally to all salaried employees . d . Change in pension value . This is the change in present value of defined benefit and actuarial pension plans . e . Above - market earning on deferred compensation which is not tax ,, qualified . f. Other compensation , if the aggregate value of all such other compensation (e . g . severance, termination payments , value of life insurance paid on behalf of the employee , perquisites or property ) for the executive exceeds $ 1000 . Article X — Summary Description of Project The FY 2011 Homeland Security Grant Program ( HSGP ) funding shall be used for costs related to preparedness activities associated with implementing the State Homeland Security Strategy , any respective Urban Area Security Strategies , and the investments identified during the application period . The HSGP consists of the State Homeland Security Program ( SHSP) , the Urban Area Security Initiative ( UASI) , the Citizen Corps Program (CCP) , the Metropolitan Medical Response System (MMRS ) program , and Operation Stonegarden (OPSG) . Together, these programs provide an integrated mechanism to enhance the coordination of National Priority efforts to prevent, respond to , and recover from terrorist attacks , major disasters and other emergencies . 39 Article XI — National Environmental Policy Act (NEPA) The recipient shall comply with all applicable Federal , State , and local environment and historic preservation (EHP ) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including : National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act , and Executive Orders on Floodplains ( 11988 ) , Wetlands ( 11990 ) and Environmental Justice ( 12898) . Failure of the recipient to meet Federal , State , and local EHP requirements and obtain applicable permits may jeopardize Federal funding . Recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP ) resources without the prior approval of FEMA, including but not limited to communication towers , physical security enhancements , new construction , and modifications to buildings that are 50 years old or greater . Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements . If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance , and if any potential archeological resources are discovered , the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office . Any construction activities that have been initiated prior to the full EHP review could result in a non-compliance finding . For your convenience , here is the screening form link : (The Screening Form is available at : ( www . terra . �Yov/doc / Oovcrnment/r, rant/bulletins/ into3 ' 9 f► nal screening memo doc ) . For these types of projects , grantees must complete the FEMA EHP Screening Form ( OMB Number 1660 - 0115 /FEMA Form 024 - O - 01 ) and submit it, will all supporting documentation, to their respective FDEM grant manager for review . Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award . 40 Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT : If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested . Balance of payments will be made on a reimbursement basis . These funds are needed to pay staff, award benefits to clients , duplicate forms and purchase start- up supplies and equipment. We would not be able to operate the program without this advance . If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/ LINE ITEMS 20=20. Anticipated Expenditures for First Three Months of ( list applicable line items) Subgrant Agreement For example ADMINISTRATIVE COSTS ( Include Secondary Administration . ) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION ( For each line item , provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety ( 90) days of the contract term . Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term . Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard , Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 41 Attachment D Warranties and Representations Financial Management Recipient' s financial management system must include the following : ( 1 ) Accurate , current and complete disclosure of the financial results of this project or program ( 2 ) Records that identify the source and use of funds for all activities . These records shall contain information pertaining to grant awards , authorizations , obligations , unobligated balances , assets , outlays , income and interest . ( 3 ) Effective control over and accountability for all funds , property and other assets . Recipient shall safeguard all assets and assure that they are used solely for authorized purposes . (4 ) Comparison of expenditures with budget amounts for each Request For Payment . Whenever appropriate , financial information should be related to performance and unit cost data . ( 5 ) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement . ( 6 ) Cost accounting records that are supported by backup documentation . Competition All procurement transactions shall be done in a manner to provide open and free competition . The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade . In order to ensure excellent contractor performance and eliminate unfair competitive advantage , contractors that develop or draft specifications , requirements , statements of work , invitations for bids and/or requests for proposals shall be excluded from competing for such procurements . Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price , quality and other factors . Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient . Any and all bids or offers may be rejected when it is in the Recipient' s interest to do so . 42 Codes of conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts . No employee , officer, or agent shall participate in the selection , award , or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved . Such a conflict would arise when the employee , officer, or agent , any member of his or her immediate family , his or her partner, or an organization which employs or is about to employ any of the parties indicated , has a financial or other interest in the firm selected for an award . The officers , employees , and agents of the Recipient shall neither solicit nor accept gratuities , favors , or anything of monetary value from contractors or parties to subcontracts . The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers , employees , or agents of the Recipient . Business Hours The Recipient shall have its offices open for business , with the entrance door open to the public , and at least one employee on site , from 8 : 30 AM to 5 PM Monday thru Friday Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient . 43 Attachment E Certification Regarding Debarment, Suspension , Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions ( 1 ) The prospective subcontractor of the Recipient , certifies , by submission of this document , that neither it nor its principals is presently debarred , suspended , proposed for debarment, declared ineligible , or voluntarily excluded from participation in this transaction by any Federal department or agency . ( 2 ) Where the Recipient' s subcontractor is unable to certify to the above statement , the prospective subcontractor shall attach an explanation to this form . SUBCONTRACTOR : By ,- Signature y :Signature Recipient' s Name Name and Title DEM Contract Number Street Address Project Number City , State , Zip Date 44 Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes , regulations , policies , guidelines and requirements , including OMB Circulars No . A-21 , A- 110 , A- 1221 A- 1281 A-87 ; E . O . 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR , Part 66 , Common rule , that govern the application , acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that : 1 . It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 ( P . L . 91 -646 ) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs . 2 . It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants . ( 5 USC 1501 , et seq . ) 3 . It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act , 4 . It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others , particularly those with whom they have family , business , or other ties . 5 . It will give the sponsoring agency or the Comptroller General , through any authorized representative , access to and the right to examine all records , books , papers , or documents related to the grant . 6 . It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law , program requirements , and other administrative requirements . 7 . It will insure that the facilities under its ownership , lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency' s ( EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA . 8 . It will comply with the flood insurance purchase requirements of Section 102 (a ) of the Flood Disaster Protection Act of 1973 , Public Law 93 -234 , 87 Stat . 975 , approved December 31 , 1976 , Section 102 ( a ) requires , on and after March 2 , 1975 , the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards . The phrase " Federal financial assistance" includes any form of loan , grant, guaranty , insurance payment , rebate , subsidy , disaster assistance loan or grant , or any other form of direct or indirect Federal assistance . 9 . It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended ( 16 USC 470 ) , Executive Order 11593 , and the Archeological and Historical Preservation Act of 1966 ( 16 USC 569a- 1 et seq . ) by ( a ) consulting with the State Historic Preservation Officer on the conduct of Investigations , as necessary , to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects ( see 36 CFR Part 800 . 8 ) by the activity , and notifying the Federal grantor agency of the existence of any such properties and by ( b ) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties . 45 10 . It will comply , and assure the compliance of all its subgrantees and contractors , with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 , as amended , the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act , as appropriate ; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants , M7100 . 1 ; and all other applicable Federal laws , orders , circulars , or regulations . 11 . It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18 , Administrative Review Procedure ; Part 20 , Criminal Justice Information Systems ; Part 22 , Confidentiality of Identifiable Research and Statistical Information ; Part 23 , Criminal Intelligence Systems Operating Policies ; Part 30 , Intergovernmental Review of Department of Justice Programs and Activities ; Part 42 , Nondiscrimination/Equal Employment Opportunity Policies and Procedures ; Part 61 , Procedures for Implementing the National Environmental Policy Act , Part 63 , Floodplain Management and Wetland Protection Procedures ; and Federal laws or regulations applicable to Federal Assistance Programs . 12 . It will comply , and all its contractors will comply , with the non -discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968 , as amended , 42 USC 3789 ( d ) , or Victims of Crime Act ( as appropriate ) ; Title VI of the Civil Rights Act of 1964 , as amended ; Section 504 of the Rehabilitation Act of 1973 , as amended , Subtitle A , Title II of the Americans with Disabilities Act (ADA) ( 1990 ) ; Title IX of the Education Amendments of 1972 ; the Age Discrimination Act of 1975 ; Department of Justice Non - Discrimination Regulations , 28 CFR Part 42 , Subparts C , D , E , and G ; and Department of Justice regulations on disability discrimination , 28 CFR Part 35 and Part 39 . 13 . In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race , color , religion , national origin , sex , or disability against a recipient of funds , the recipient will forward a copy of the finding to the Office for Civil Rights , Office of Justice Programs . 14 . It will provide an Equal Employment Opportunity Program if required to maintain one , where the application is for $ 500 , 000 or more . 15 . It will comply with the provisions of the Coastal Barrier Resources Act ( P . L . 97 -348 ) dated October 19 , 1982 ( 16 USC 3501 et seq . ) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System . 16 , DRUG- FREE WORKPLACE ( GRANTEES OTHER THAN INDIVIDUALS ) As required by the Drug - Free Workplace Act of 1988 , and implemented at 28 CFR Part 67 , Subpart F , for grantees , as defined at 28 CFR Part 67 Sections 67 . 615 and 67 . 620 . 46 Attachment G Reimbursement Checklist Please Note : FDEM reserves the right to update this check list throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations . Equipment ❑ 1 . Have all invoices been included ? ❑ 2 . Has an AEL # been identified for each purchase ? ❑ 3 . If service/warranty expenses are listed , are they only for the performance period of the grant? ❑ 4 . Has proof of payment been included ? ( E . g . canceled check , Electronic Funds Transfer ( EFT) confirmation , or P - Card back up documentation which will include receipt with vendor , copy of credit card statement showing expense charged , and payment to credit card company for that statement) ❑ 5 . If EHP form needed — has copy of it and approval from State/ DHS been included ? Planning Consultants/Contractors Note : this applies to contractors also billed under Organization ) 1 . Does the amount billed by consultant add up correctly? ❑ 2 . Has all appropriate documentation to denote hours worked been properly signed ? ❑ 3 . Have copies of all planning materials and work product (e . g . meeting documents , copies of plans ) been included ? ( If a meeting was held by recipient or contractor/consultant of recipient , an agenda and signup sheet with meeting date must be included ) . ❑ 4 . Has the invoice from consultant/contrator been included ? ❑ 5 . Has proof of payment been included ? ( E . g . canceled check , Electronic Funds Transfer ( EFT) confirmation , or P - Card back up documentation which will include receipt with vendor , copy of credit card statement showing expense charged , and payment to credit card company for that statement) . ❑ 6 . Has Attachment F (found within Agreement with FDEM ) been completed for this consultant and included in the reimbursement package ? Salary Positions ( Note : this applies to positions billed under M &A and Organization as well ) ❑ 1 . Have the following been provided : signed time sheet by employee and supervisor and proof that employee was paid for time worked ( statement of earnings , copy of payroll check or payroll register) ? Has a time period summary sheet been included for total claimed amount? 47 ❑ 2 . Does the back- up documentation provided match the time period for which reimbursement is being requested ? Training ❑ 1 . Is the course DHS approved ? Is there a course or catalog number? If not , has FDEM approved the non - DHS training ? Is supporting documentation included your reimbursement request? ❑ 2 . Have sign - in sheets , rosters and agenda been provided ? ❑ 3 . If billing for overtime and /or backfill , has a spreadsheet been provided that lists attendee names , department , # of hours spent at training , hourly rate and total amount paid to each attendee ? Have print outs from entity ' s financial system been provided as proof attendees were paid ? For backfill , has a clear delineation/cross reference been provided showing who was backfilling who ? ❑ 4 . Have the names on the sign - in sheets been cross- referenced with the names of the individuals for whom training reimbursement costs are being sought ? ❑ 5 . Has any expenditures occurred in support of the training ( e . g . , printing costs , costs related to administering the training , planning , scheduling , facilities , materials and supplies , reproduction of materials , and equipment) ? If so , receipts and proof of payment must be submitted . ( E . g , canceled check , Electronic Funds Transfer ( EFT) confirmation , or P - Card back up documentation which will include receipt with vendor , copy of credit card statement showing expense charged , and payment to credit card company for that statement) . Exercise ❑ 1 . Has documentation been provided on the purpose/objectives of the exercise ? Such as , SITMAN / EXPLAN . ❑ 2 . If exercise has been conducted - has after- action report been included ? Have sign - in sheets , agenda , rosters been provided ? ❑ 3 . If billing for overtime and backfill , has a spreadsheet been provided that lists attendee names , department , # of hours spent at exercise , hourly rate and total paid to each attendee ? Have print outs from entity ' s financial system been provided to prove attendees were paid ? For backfill , has a clear delineation /cross reference been provided showing who was backfilling who ? ❑ 4 . Have the names on the sign - in sheets been cross - referenced with the names of the individuals for whom exercise reimbursement costs are being sought? 48 ❑ 5 . Has any expenditures occurred on supplies ( e . g . , copying paper , gloves , tape , etc) in support of the exercise ? If so , receipts and proof of payment must be submitted . ( E . g . canceled check , Electronic Funds Transfer ( EFT) confirmation , or P - Card back up documentation to include receipt with vendor , copy of credit card statement showing expense charged , and payment to credit card company for that statement) . ❑ 6 . Has any expenditures occurred on rental of space/locations for exercises planning and conduct , exercise signs , badges , etc . ? If so , receipts and proof of payment must be submitted . ( E . g , canceled check , Electronic Funds Transfer ( EFT ) confirmation , or P - Card back up documentation to include receipt with vendor , copy of credit card statement showing expense charged , and payment to credit card company for that statement) . Travel/Conferences ❑ 1 . Have all receipts been turned in such as : airplane receipts , proof of mileage , toll receipts , hotel receipts , car rental receipts , registration fee receipts and parking receipts ? Are these receipts itemized ? Do the dates of the receipts match the date ( s ) of travel/conference ? Does the hotel receipt have a zero balance ? If applicable , have a travel authorization and travel reimbursement form been included to account for per diem , mileage and other travel expenses which have been reimbursed to the traveler by sub grantee ? ❑ 2 . If travel is a conference has the conference agenda been included ? ❑ 3 . Has proof of payment to traveler been included ? ( E . g . canceled check , Electronic Funds Transfer ( EFT ) confirmation , or copy of payroll check if reimbursed through payroll ) . Organization ❑ 1 . If billing for overtime and backfill , has a spreadsheet been provided that lists attendee names , department , # of hours spent at EOC , hourly rate and total paid to each attendee ? Have print outs from entity ' s financial system been provided to prove attendees were paid ? For backfill , has a clear delineation /cross reference been provided showing who was backfilling who ? Matching Funds ❑ 1 . Contributions are from Non Federal funding sources . ❑ 2 . Contributions are from cash or in - kind contributions which may include training investments . 49 ❑ 3 . Contributions are not from salary , overtime or other operational costs unrelated to training . For All Reimbursements - The Final Check ❑ 1 . Have Forms 3 , 4a , 4b and 4c been completed and included with each request for reimbursement? ❑ 2 . Have the costs incurred been charged to the appropriate POETE category? ❑ 3 . Does the total on Form 3 match the totals on Forms 4a , 4b and 40 ❑ 4 . Has Form 3 been signed by the Grant Manager? ❑ 5 . Has the reimbursement package been entered into sub grantee ' s records/spreadsheet? ❑ 6 . Have the quantity and unit cost been notated on Form 4b ? 50