HomeMy WebLinkAbout2011-239 o.3
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
RICK SCOTT BRYAN W. KOON
Governor Director
November 18 , 2011
SUBGRANTEE : Indian River County
ISSUE NUMBER PROJECT TITLE FINAL ALLOCATION
36 Community Emergency Response Team $9 , 354 : 00
GRANT PERIOD : October 1 , 2011 - April 30 , 2014 AWARD TOTAL , $9 , 354 . 00
FEDERAL GRANT NO : 2011 -SS-00067 STATE GRANT NO : Provided Upon Execution
In accordance with the provisions of Federal Fiscal Year 2011 Homeland Security Grant
Program , the Florida Division of Emergency Management hereby awards to the foregoing
Subgrantee a grant in the amount shown above .
Payment of Funds : The Award Letter must be signed by the Official Authorized to Sign in
the space below and the original returned to the Florida Division of Emergency
Management before execution of your agreement . The subgrantee should not expend any
funds until they receive a fully executed agreement from the Florida Division of Emergency
Management and all Special Conditions are satisfied . Grant funds will be disbursed to
subgrantees (according to the approved project budget) upon receipt of evidence that items
have been invoiced , deliverables have been received and that funds have been expended
( i . e . , invoices , contracts , itemized expenses , canceled checks , etc. ) .
Supplantation : The Act requires that subgrantees provide assurance that subgrant funds
will not . be used to supplant or replace local or state funds or other resources that would
otherwise have been available for homeland security activities . In compliance with that
mandate , I certify that the receipt of federal funds through Florida Division of Emergency
Management shall in no way supplant or replace state or local funds or other resources that
would have been made available for homeland security activities .
Conditions : I certify that I understand and agree that funds will only be expended for
those projects outlined in the funding amounts as individually listed above . I also
certify that 1 understand and agree to comply with the general and fiscal terms and
conditions of the grant including special conditions ; to comply with provisions of the Act
governing these funds and all other federal laws ; that all information is correct ; that there
has been appropriate coordination with affected agencies ; that I am duly authorized . to
commit the applicant to these requirements ; and that all agencies involved with this project
understand that all federal funds are limited to a thirty month (30 ) period .
FLORIDA RECOVERY OFFICE DIVISION HEADQUARTERS STATE LOGISTICS RESPONSE CENTER
5900 Lake Ellenor Drive 2555 Shumard Oak Boulevard 2702 Directors Row
Orlando , FL 32809 - 4634 Tallahassee , FL 32399 - 2100 Orlando , FL 32809 - 5631
Tel : 850413 - 9969 • Fax : 850 - 4884016 .
www . Florida Disaster . ore
1
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 AA 10)
3 . 44 CFR Part 10 , Environmental Considerations
Be Cost Principles
1 . 2 CFR Part 225 , Cost Principles for State , Local and Indian Tribal Governments
(OMB Circular A-87)
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 AA33 , 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 I11 — 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 .
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 . 1 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
Governmentwide 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 . 1s 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 . 1 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 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 200.0
(TVPA) , as amended (22 U . S . C . 7104 (g ) ) , and
b . Is in addition to all other remedies for noncomplicance 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.
I
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 :
Is 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 1 .75 . 25 (b) .
ii . A for-profit organization .
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 .
Be 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 .
. co 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 Entitiesdated 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:
http : //www . dhs . gov/xopnbix/grants/index . shtm
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,
1
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 : DD254Admin istrativeSecurity(Mdhs . Qov
Mail : Department of Homeland Security
Office of the Chief Security Officer
ATTN : ASD/Industrial Security Program Branch
Washington , D. C . 20528
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 .
C . 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 ://www , 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
hftp ://fedqov , ndb . com/webform) .
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
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 some Reporting Subawards and Executive Compensation
A. Reporting of first-tier subawards .
1 . Applicability . Unless you are exempt as provided in paragraph do 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 http ://www . fsrs . gov .
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 , fsrs . gov specify .
B . Reporting Total Compensation of Recipient Executives .
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
Iia $ 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/execomp . htm) .
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 : //www . ccr . aov .
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 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/ex6comp . htm
2 . Where and when to report . You must report executive total compensation
described in paragraph c. 1of 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 .
L_
1
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 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 . 7
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 $ 10 , 000 .
Article X — Summary Description of Project
t
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 .
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 . fema . gov/doc/government/.qrant/builetins/info329 final screening memo . doc) . For
these types of projects , grantees must complete the FEMA EHP Screening Form (OMB
Number 1660-0115/FEMA Form 024-0-01 ) 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.
•MMMr.y
,�•'N1Y COgf��s /
ACCEPTANCE FOR THE SUBGF ' ,jNT
Oct.
Signature o icial Authorized tclOign * Signature of State Administrative
for Grante Agency
Gary Wheeler , Chairman % •• .• 6 �064 * 969066 *
ov
• t
Date ��'A`pA,�U ;M.p�•' Date
AlI' i' IZOVED ,APPROVED AS TO k9iLM art o Cie
AD L GASll ICIENC Y C
�p� '
B
WILLIAM K . DEBWL B
DEPUTY COUNTY ATTORNEY IDeputy Cleric
' ' 0unty Administrator