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HomeMy WebLinkAbout2014-003Contract Number: 14 -CI OR \G TG . S p CFDA #: 97.042 FEDERALLY -FUNDED SUBGRANT AGREEMENT A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH; CLERK 1-7-Zo ao _ 003 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"), an 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 cervices identified herein, 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 Program Budget and Scope of Work, Attachment A and B 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 D (3) PERIOD OF AGREEMENT. This Agreement shall begin on September 1, 2013 and shall end September 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." (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 1 It A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK (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 Program Budget and Scope of Work - Attachment A and B - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and 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 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 to http://harvester.census.00v/fac/collect/ddeindex.html 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 2 A TRUE COPY CERTIFICATION ON LAST PAGE; J.R. SMITH, CLERK (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 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 (1) 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 financial 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 financial 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 September 30, December 31, March 31 and June 30 (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 Paragraphs (10), (11) and (12) of this Agreement, and Rule 27P-19 014 Florida Administrative Code "Acceptable to the Division" means that the work product was completed in accordance with the Program Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division (f) The Recipient shall provide additional reports and information identified in Attachment C (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 B to this Agreement, and reported in the quarterly financial report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks (9) LIABILITY. (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, 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 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH. CLERK 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, 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, or (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, 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; or (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform 4 VVI I CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 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 Chanda Jenkins Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone. 850-414-8538 Fax: 850-488-7842 Email Chanda.Jenkins@em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is \C1l,R\Vt- LA�1.11� U 5 y?ro' ' Vey, .ibec.ci, FL 3aa962.-1 Telephone "T1a-X01-__A Fax:n-1a- 5ta'n-93a_3 Email ����p iT (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 financial 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 5 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK (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 — Program Budget Attachment B — Scope of Work Attachment C — Reports Attachment D — Program Statutes, Regulations and Special Conditions Attachment E — Justification of Advance Payment Attachment F — Warranties and Representations Attachment G — Certification Regarding Debarment Attachment H — Statement of Assurances Attachment I — Reimbursement Checklist (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 $11,200.00, subject to the availability of funds (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 E Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. (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 Program Budget and Scope of Work, Attachment A and B of this Agreement. (d) Invoices shall be submitted at least quarterly and shall include the supporting 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 thirty (30) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Recipient's quarterly financial reporting as referenced in Paragraph 7 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. Changes to the amount of funding pursuant to Paragraph (17)(a) above may be accomplished by notice from the Division to the Recipient. The Division may make an award of additional funds by subsequent modification All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned Funds disbursed to the Recipient by the Division that are not expended in implementing this program shall be returned to the Division, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. 6 A I HUt UUI'Y CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES Any requests received after September 30, 2014, at the discretion of the Division, may not be reimbursed from this Agreement. This agreement may be renewed, at the Division's sole discretion, for a period that may not exceed three years or the term of the original Agreement, whichever period is longer, specifying the renewed price and subject to the availability of funds Pursuant to Section 287 057(13), Florida Statutes, exceptional purchase contracts pursuant to Section 287 057(3)(a) and (c), may not be renewed. Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non- federal funds. (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 are incorporated by reference The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the 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 seq.) which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000 00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 7 A I KIR UUYY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK (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(g)2 , of this certification, and 4 Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a 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(14)(a), 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. (I) 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. 8 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities " 3 The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose 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 its 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 H 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: INDIAN RIVER COUNTY By a Name and Title Peter D. O'Bryan, Chairman Date Marrh 4, 7(114 FID# 59-6000674 DUNS# n797nB9B9 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title Bryan Koon, Director 141 ( Date APPROVED ounty A 111@ill titratUr 10 Attest: Jeffrey R. Smith, Clerk of Court and mptroller Dep - Clerk APPROVED AS TO FOP AND LEGA SUF C BY WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 4 TRUE COPY CERTIFICATION ON LAST PAGE I R. SMITH, CLERK EXHIBIT —1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT NOTE. If the resources awarded to the Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Federal agency* U S Department of Homeland Security/Federal Emergency Management Agency Catalog of Federal Domestic Assistance title and number Emergency Management Performance Grant # 97 042 Award amount: $11,200.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT Chapter 252, Florida Statutes Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule) 44 CFR, Part 302 48 CFR, Part 31 OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133 NOTE If the resources awarded to the Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below Federal Program List applicable compliance requirements as follows. 1 Recipient is to use funding to perform the following eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, National Preparedness Directorate, Fiscal Year 2013 Emergency Management Performance Grants Program 2 Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE 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. 11 A TRUE COPY CERTIFICATION ON LAST PAGE R SMITH. CLERK Attachment A Program Budget • Below is a general budget which outlines eligible categories and their allocation under this award The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below Funding from the Emergency Management Performance Grant is intended for use by the Recipient to perform the following eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, Fiscal Year 2013 Emergency Management Performance Grants Program and programs that are consistent with Title 44, Code of Regulations (CFR) Part 13, State Rule Chapter 27P-6 Florida Administrative Code and Chapter 252, Florida Statutes) • 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 5% of each Recipient's total award may be expended on Management and Administration costs. r..,.�.s.�....{ Grant -' w,,r ._4.r .. RecipientAgency,. '..7,31.- ._C7.:,;7.,''(.:-�� _.... ;. Cafegory. ;. . L _ . �Amoiiiir, -' _ - .. Allocates! -. FY 2013 —Emergency Management Performance Grants EO Indian River County Planning Expenditures $2,474.00 Training Expenditures $1,200.00 Exercise Expenditures 0 Equipment Expenditures $7,526.00 Management and Administration Expenditures (5%) 0 Total Award 11'200.0 ' .4. 1 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 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 ,nx,x1,9 '- G Inti C',', 3 .,:, � � � � ` j , vCry �I,FQ L - } Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, response, and recovery activities Developing and implementing homeland security support programs and adopting ongoing DHS national initiatives Developing related terrorism prevention activities Developing and enhancing plans and protocols signs 2 110.00 220.00 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 6 80.00 480.00 Materials required to conduct planning activities print copy paper/tablecloth 1 274.00 274.00 Travel/per diem related to planning activities 6 250.00 1,500.00 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 EMPG. Other projects areas with prior approval from FEMA Activities to achieve planning inclusive of people with disabilities SUBTOTAL $2,474.00 ;:: - -Allowable Training>Costs - ,. _' _ >.. ;Quantity" --:- ?Unit';Cost` . _ = Total';' - - Cost-_ ' , - _ Overtime and backfill for emergency preparedness and response personnel attending FEMA -sponsored and approved training classes. 2 H I HUE UM' CERTIFICATION ON LAST PAGE J.R SMITH, CLERK 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 Staff or Contractors/Consultants CPR/FA 25 students 2 600.00 1,200.00 Travel Supplies Tuition for higher education Certification/Recertification of Instructors Other items SUBTOTAL - $1;200:00' _eabfz�rcseo�Q3 Ai -UtCostt'-r'' ;rt Design, Develop, Conduct and Evaluate an Exercise Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part -Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed Overtime and backfill costs — Overtime and backfill costs, including expenses for part- time and volunteer emergency response personnel participating in FEMA exercises. Implementation of HSEEP 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Activities to achieve exercises inclusive of people with disabilities Travel - Travel costs (i.e , airfare, mileage, per diem, hotel, etc) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s) These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide For further information on federal law pertaining to travel costs please refer to http://www.ojp.usdol.qov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g , copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). Other Items - These costs include the rental of space/locations for exercise planning and conduct, exercise signs, badges, etc _ $- .S OBTOTAL $ - -=-moi�T „t 1 �`,Kys'..¢,•-;' -,�.,• - :-,'s'^" Ilv\. - .s. - -5+: ' -_ _ x.6:,3".' - >: --t :1- fiF_r,y'y :Allowable Equipment -Costs' v= �. Th'e,table•below highlights`theallowable equipment;.categories,for`tliis awardµ_'A ;Y comp reherisive listing-of=these.allowable , : ,e ui ment cat ri .r t.. ,q P. ego es�and•specific �Y - oi^.;� '-j'h-+.1C .`:i �. ti •6'�`r•-.: ``1'. 5s�,., 3eui m n s'ti:ti~ q p a t eligible un'de�Ieach cats i ;:can;.;_ e. ound=on:the:web-based.,Authorized -.�-�- -� ?E' ui p ment=List at`, Litt a/www:rkb:us: =:.. • - . '..• :.S- �..� °t ' - - - t' �.ti ,• 4--)t __ � :. ,=.,; - :: � -•- . Q'uanti = - , • f : _ _Ott: 1` -_ - - - _ " :.: 3 - - .. {t- }�. _ :x ;<r y • Unit Cost ,, = 1_ _ -- ,,.�=. �r,._ � <.� ',° A ='°y' _ - _ ;-, -•r' '.:,,:=: _+ �, _ ;Total _ f _ - - i ,:_'_ -•-� = - .Y:.i-y3 ,!_' -,, - .- - ap• t .^=z_ _• ` F =•rte ';'.'' . s ce` __ - :".- Click,on' •Authorized -Equipment List T gip ::r ` _ -�: - ..."$..•,> y s to_pur•ctiese e—.0jece•of Ik equipment`from° an ::.cate' o below -- then--ln tte•s aces iven"below`that:�. �cate` o '-ut`'the<.,AEL,iitem<number' and` - `t -t _ - t' - title . Personal Protective Equipment 21GN-00-CCEQ Equipment CERT equipment/tools 1 (supplemental) $3,350.00 $3,350.00 09ME-05-LITR Litters/Stretchers s MAYDAY Evacuation stretchers 40.00 240.00 4 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 030E-04-LTHH Light, Hand -Held or Helmet -Mounted 63 7.00 441.00 19GN-00-HSSF Housing, popup tent with logos 1 790.00 790.00 06CP-01-PORT Radio, Portable 4 190.00 760.00 09-ME-01-BAGM Bag Medical Supplies Responder 1 450.00 450.00 06CP-01-MOBL Radio, Mobile Description: Mobile radio equipment, supplies, or can also be deployed as temporary base stations. 1 204.00 204.00 21GN-00-CCEQ Equipment 100 Chin Strap Hard Hat 100 1.75 175.00 21GN-00-CCEQ Equipment PPE High Visibility Shirts assorted sizes 1 $68.00 868.00 21GN-00-SHIP Shipping 1 248.00 248.00 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) _. ' , SUTOTAL _- . $7,,§20.0p- Atlo,1000 Mana e' le. it a.,.d:--- ,, .. ' .9 _ m. n � :._�°-:- � `��- rJ�: � ^ _ :�f-21: �:<=; s� Admiinistration'Costs' = f.' ;;`.:. {, .E __.:t: , 4h'f =i :1 -- -,-. rI �f: •.+. _ _ .•1-YrJ _. - �-- quantity S; i•t• _ , _ :Unit Cost - � . . 'A =Tota = Cost. .„ `y! J.. 3, : � n `: f . , .+ �Fvti- 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 5 A TRUE COPY CERTIFICATION ON LAST PAGE J R. SMITH, CLERK 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.ojp.usdoj.gov/FinGuide) Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy The following are allowable only within the 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 • TOTAL ALL EXPENDITURES $11,200 ' ,CostSharing.Allocation*- 'f - A. , = "= r.• ": Source - `. :.... Amount - z TOTAL 6 n i nu[ t,UPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Attachment B Scope of Work Funding is provided to perform eligible activities as identified in the Emergency Management Performance Grants (EMPG) Program Funding Opportunity Announcement (FOA) The intent of this Agreement is to complete the following allowable activities. I. EO and Project Description EO — 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 2013 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 (EOP) to achieve and expand citizen preparedness and participation • Conduct public education and outreach • Ensure 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 II. Categories and Eligible Activities Eligible activities are outlined in the Scope of Work for each category below FY 2013 EMPG 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" Attachment A. Eligible activities should support the above approved projects A. Planning Planning spans across all five NPG mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness Integrating non-governmental entities into the planning process is critical to achieve comprehensive community preparedness To meet this important objective, EMPG 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/enhancing emergency management and operations plans to integrate citizen/volunteer and other non-governmental organization resources and participation. • Community-based planning to advance "whole community" security and emergency management. 18 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK • Developing and implementing a community 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 Ready Campaign materials), promote training, exercise, and volunteer opportunities, and inform the public about emergency plans, evacuation routes, shelter locations, and public alerts/warnings. • All public education and outreach materials must include the national or jurisdiction's Citizen Corps logo, tagline or website or the Ready logo, tagline, or website and comply with logo standards For more information go to http.//www citizencorps.gov In addition, all public education and outreach materials should incorporate special needs considerations, to include language, content, and method of communication. • 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 • Costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children and adults with disabilities • Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness and/or response • 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/USAonWatch, Community Emergency Response Teams (CERT), Volunteers in Police Service (VIPS), Medical Reserve Corps (MRC), and Fire Corps, for the Citizen Corps Affiliate Programs and Organizations, and for jurisdiction specific volunteer efforts • Allowable expenditures include • Recruiting, screening, and training volunteers (e g background checks) • Retaining, recognizing, and motivating volunteers • 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 • Necessary non-structural accommodations to include persons with programmatic and communications access needs (e.g , sign language interpreters Computer Assisted Realtime Translation (CART) and other modifications of policies and practices to fully include volunteers with disabilities) • 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 NIMS/ICS, 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 19 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK There is no cap on the number of deliveries State or local jurisdictions may conduct of non -responder community based workshops, seminars, demonstrations, or conferences. Examples include, CPR/AED training, identity theft workshops, terrorism awareness seminars, chain -saw safety demonstrations, and disability -inclusive community preparedness conferences Funding for CERT training includes the delivery of the CERT Basic Training Course, supplemental training for CERT members who have completed the basic training, and the CERT Train -the -Trainer Course, and the CERT Program Manager Course. Any CERT Basic training conducted by State or local entities must: 1) include the topics covered in the FEMA CERT 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 CERT" (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 CERT members might be tasked to perform in support of emergency services responders, • 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 There is no cap on the number of deliveries State or local jurisdictions may conduct of the CERT Basic Training, the CERT Train -the -Trainer, Campus CERT Train -the -Trainer, Teen CERT Train -the - Trainer, or CERT Program Manager courses, or supplemental/advanced training for CERT program participants. 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, CART and other modifications of policies and practices to fully include participants with disabilities) 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 2013 CCP funding EMPG Program funds used for training should support the nationwide implementation of NIMS The NIMS Training Program establishes a national curriculum for NIMS and provides information on NIMS courses, grantees are encouraged to place emphasis on the core competencies as defined in the NIMS Training Program The NIMS Training Program can be at http.//www.fema.qov/pdf/emergency/nims/nims training program.pdf/ The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing standards The NIMS Guidelines for Credentialing can be found at htto.//www.fema/qov/pdf/emergency/nims/nims cred guidelines report.pdf 20 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK To ensure the professional development of the emergency management workforce, the grantee must ensure routine capabilities assessment is accomplish and a multi-year training plan is developed and implemented. Allowable Training Costs Allowable training -related costs include, but are not limited to, the following • Funds Used to Develop, Deliver, and Evaluate Training. Includes costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, disability accommodations and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the training cycle • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel which are the direct result of attendance at FEMA and/or approved training courses and programs, are allowable 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 • Travel. 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 • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff may be hired to support direct training -related activities Payment of salaries and fringe benefits must be in accordance with the policies of the State or unit(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 for program management personnel expenses, which must not exceed 15 percent (15%) of the total allocation as specified in section E.6 In no case is dual compensation allowable (see above). • Certification/Recertification of Instructors. Cost associated with the certification and re- certification of instructors is allowed States are encouraged to follow the FEMA 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. C. Exercises Exercises 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, family/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 Exercises Grantees are encouraged to develop exercises that test their SOPs/SOGs in accordance with the FY 2013 Priority requirements 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 free public space/locations/facilities, whenever available, prior to the rental of 21 TA I tiUt UUNY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK space/locations/facilities Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills Any exercise or exercise gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle • Hiring of Full or Part -Time Staff or Contractors/Consultants — Full or part-time staff may be hired to support exercise -related activities Payment of salaries and fringe benefits must be in accordance with the policies of the State or unit(s) of local government and have the approval of the State or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises In 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 (e.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 project(s) or HSEEP programmatic requirements as described in the HSEEP 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 project(s) (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 of exercise conduct (e g , electronic messaging signs) • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct. Exercise Requirements Exercises conducted with FEMA support must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP) HSEEP Guidance for exercise design, development, conduct, evaluation, and improvement planning is located at https.//hseep dhs.gov The HSEEP Library provides sample exercise materials and templates 22 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK All exercises using HSGP funding must be NIMS compliant. More information is available online at the NIMS Integration Center, http.//www fema.gov/emergency/nims/index shim 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 are 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 National Response Framework The scenarios used in HSGP-funded exercises must focus on validating existing capabilities and must be Targe 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. If a State or Urban Area will be hosting a special event (e g , Super Bowl, G-8 Summit), the special event planning should be considered as a training or exercise for the purpose of the Multi -Year Training and Exercise Plan. The State or Urban Area should plan to use SHSP 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 of the 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 https.//hseep.dhs.gov • 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 HSGP- 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 States and Urban Areas are encouraged to fully leverage all HSGP resources for equipment to support volunteer personnel in preparedness and response All allowable equipment costs are listed in the AEL, available at https.//www.rkb.us 23 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Any equipment purchased with CCP funding must be used for specific preparedness or volunteer training or by 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/USAonWatch Program foot patrol members) To assure appropriate and consistent use, such clothing items must be issued by the agency that trains the volunteers CCP supported volunteer programs and assets, which are authorized to deploy in response and recovery operations, must meet the minimum training and equipment requirements, as determined by the national program office in coordination with the sponsoring State/territory Necessary accommodations that meet the disability related access and functional needs of participants should be provided E. Management and Administration - no more than 5% of each sub -recipient's total award may be expended on Management and Administration costs M&A activities are those define as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring It should be noted that salaries of State and local emergency managers are not typically categorized as M&A, unless the State or local EMA chooses to assign personnel to specific M&A activities Hiring of full-time or part-time staff or contractors/consultants: • To assist with the management of the respective grant program • To assist with application requirements • To assist with the compliancy with reporting and data collection requirements Development of operating plans for information collection and processing necessary to respond to 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 111. Program Requirements 1 The following are required items to be provided to participate under the CERT Sub -grant: (NOTE. Special exemption can be granted by the State Citizen Corps/CERT office ) A. PPE Equipment 24 • Hard Hat A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK • Protective Eyewear • ID Tag • Dust Mask or simple HEPA Mask • Light Stick • Reflective Vest • Latex or Nitrate Gloves • Marking Caulk or Marking Crayon • Signal Whistle • Bag/Backpack • Work Gloves • Flashlight (simple) • Roll of Duck Tape • Cardboard or Simple Splint (forearm or leg) • Disaster medical care items for at least 3 victims such as gauze, triangles, etc B Participant manuals — provided by applicant C SOPs/SOGs D Certificate CERT trainings and events should be posted on the National Citizen Corps Calendar Website, SERT Trac State Calendar and approved by the State Citizen Corps/CERT office 3 The following are required items for the CERT Basic Training Course to be taught under this sub - grant: A. Use of the Full FEMA/EMI/FDEM CERT Basic Training Course — G317 including the terrorism module and showing the Sheltering -In -Place Video (DVD) B Use of a CERT Train -the -Trainer (TTT) — G428 Qualified Individual (FEMA/FDEM graduate of the CERT TTT or Trainer Course) as Program Manager, Course Manager, or Lead Instructor C Use of the CERT Program Manager Course — G427 Qualified Individual (FEMA/FDEM graduate of the CERT TTT or Trainer Course) as Program Manager D Use of Adequate Training Facility 4 It is the responsibility of the applicant to arrange and compensate course managers for CERT trainings and course manuals. 5 Tracking and reporting the number of trained CERT volunteers is not only a State of Florida priority, but also a DHS/ODP priority It is required to have a database to track the number of trained volunteers, as well as someone, to monitor/enter data to such a database 6 Required Quarterly Reports will be due as indicated in the signed contract, or separate schedule The Quarterly Report should include more extended training data, explanation on the expenditure of Subgrant dollars for the quarter, and any CERT activities that took place during the quarter FDEM reserves the right to change quarterly reporting due dates when to do so would be in the best interest of the State of Florida 25 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 7 Citizen Corps/CERT programs must comply with the DHS requirement of NIMS compliancy A letter from your County Emergency Management or your sponsoring agency indicating compliance with NIMS requirements must be completed by the deadline outlined in the contract. A. Cost Share Guidance Types of Match Cash Match - Cash (hard) match includes non -Federal cash spent for project -related costs, according to the program guidance Allowable cash match must only include those costs which are in compliance with 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87) and 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments In-kind Match. In-kind (soft) match includes, but is not limited to, the valuation of in-kind services. "In-kind" is the value of something received or provided that does not have a cost associated with it. For example, if in-kind match (other than cash payments) is permitted, then the value of donated services could be used to comply with the match requirement. Also, third party in-kind contributions may count toward satisfying match requirements provided the grantee receiving the contributions expends them as allowable costs in compliance with 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87) and 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Definitions Matching or Cost Sharing. This means the value of the third party in-kind contributions and the portion of the costs of a Federally -assisted project, or program not borne by the Federal Government. All cost-sharing or matching funds claimed against a FEMA grant by State, local or tribal governments must meet the requirements of the program guidance and/or program regulations, 44 CFR § 13, and 2 CFR § 225 Cash Match (hard). This includes cash spent for project -related costs under a grant agreement. Allowable cash match must include only those costs which are allowable with Federal funds in compliance with the program guidance and/or program regulations, 44 CFR § 13, and 2 CFR § 225 In-kind Match (soft). This means contributions of the reasonable value of property or services in lieu of cash which benefit a Federally -assisted project or program This type of match may only be used if not restricted or prohibited by program statute, regulation or guidance and must be supported with source documentation. Only property or services that are in compliance with program guidance and/or program regulations, 44 CFR § 13, and 2 CFR § 225, are allowable Monitoring. Monitoring may be accomplished through either a desk -based review or on-site monitoring visits, or both Monitoring will involve the review and analysis of the financial, programmatic, performance, compliance and administrative processes, policies, activities, and other attributes of each county and will identify areas where technical assistance, corrective actions and other support may be needed. Desk monitoring is the review of projects, financial activity and technical assistance between the Division and the applicant via e-mail and telephone On -Site Monitoring are actual visits to the recipient agencies by a Division representative who examines records, procedures and equipment. The Division may request additional monitoring/information if the activity, or lack thereof, generates questions from the region, the sponsoring agency or Division leadership The method of gathering this information will be determined on a case-by-case basis. 26 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES Recipients must comply with all applicable EHP laws, regulations, and Executive Orders (EOs) in order to draw down their FY 2013 EMPG Program grant funds Any project with the potential to impact natural resources or historic properties cannot be initiated until FEMA has completed the required FEMA EHP review Recipients that implement projects prior to receiving EHP approval from FEMA risk de -obligation of funds For these types of projects, Recipients must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation to their Grant Manager Recipients should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award The Screening Form must be submitted prior to funds being expended. Refer to 'Bs 329, 345, and 356 (located at http.//www fema gov/government/grant/bulletins/index shtm) The following types of EMPG projects are to be submitted to FEMA for compliance review under EHP laws and requirements prior to initiation of the project: • Any involvement with the installation of equipment; • Ground -disturbing activities, • New construction (installation and renovation), including communication towers, or modification/renovation of existing buildings or structures, • Proposed construction or renovation projects that are part of larger projects funded from a non -FEMA source (such as an EOC that is part of a larger proposed public safety complex), • 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 • Lighting, • Fencing, • Closed-circuit television (CCTV) systems, • Motion detection systems, and • 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, or • Communication tower projects The following activities do not require the submission of the FEMA EHP Screening Form planning and development of policies or processes; management and administration, classroom -based training, table top exercises and functional exercises, and, acquisition of mobile and portable equipment (no installation) All recipients of financial assistance will comply with the requirements of the NEPA, as amended, 42 U S C §4331 et seq , which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters To comply with NEPA for its grant -supported activities, DHS requires the environmental aspects of construction grants (and certain non -construction projects as specified by the component and awarding office) to be reviewed and evaluated before final action on the application For more information on FEMA's EHP requirements, see Informational Bulletins below' • Information Bulletin 329, Environmental Planning and Historic Preservation Requirements for Grants, available at http.//www.fema.gov/pdf/qovernment/grant/bulletins/info329.pdf; • Information Bulletin 345, Programmatic Environmental Assessment, available at http.//www.fema.qov/pdf/government/grant/bulletins/info345.pdf; and • Information Bulletin 356, EHP Screening Form, available at http.//www.fema.gov/pdf/qovernment/arant/bulletins/info356.pdf 27 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK I. Construction and Renovation Construction and renovation activities for a local government's EOC as defined by the SAA are allowable under the EMPG Program Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (FEMA Form 089-0-0-3, OMB Control Number; 1660-0124 (available through ND grants) to their Grant Program Manager for review Additionally, grantees are required to submit a SF -424C Budget and Budget detail citing the project costs When applying for funds to construct communication towers, grantees and sub -grantees must submit evidence that the FCC's Section 106 review process has been completed and submit all documentation resulting from that review to GPD prior to submitting materials for EHP review Grantees and sub -grantees are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e g , coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all State and EHP laws and requirements) Projects for which the grantee believes an Environmental Assessment (EA) may be needed, as defined in 44 CFR 10 8 and 10 9, must also be identified to the FEMA Program Analyst within six months of the award and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance EHP review packets should be sent to qpdehpinfofema.qov EMPG Program grantees using funds for construction projects must comply with the Davis -Bacon Act (40 U S C 3141 et seq) Grant recipients must ensure that their contractors or subcontractors for construction projects pay workers employed directly at the work -site no less than the prevailing wages and fringe benefits paid on projects of a similar character Additional information, including Department of Labor (DOL) wage determinations, is available from the following website http.//www dol gov/compliance/laws/comp-dbra.htm II. Maintenance and Sustainment The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise noted EMPG Program grant funds are intended to support the NPG and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation In order to provide grantees the ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs which must be in 1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program, (3) be tied to one of the core capabilities in the five mission areas contained within the National preparedness Goal, and (4) shareable through the Emergency Management Assistance Compact. Additionally, eligible costs must also be in support of equipment, training, and critical resources that have previously been purchased with either Federal grant or any other source of funding other than DHS/FEMA preparedness grant program dollars Unallowable Costs • Expenditures for weapons systems and ammunition • Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities • Activities unrelated to the completion and implementation of the EMPG Program In general, recipients should consult with their grant manager; who will coordinate with the FEMA Regional Program Analyst prior to making any Investment that does not clearly meet the allowable expense criteria established in this Guidance 28 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Attachment C Reports A. Recipient shall provide the Division with quarterly financial reports 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 the agreement. • If report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. • If a report goes two (2) consecutive quarters without Recipient providing information in the narrative portion of the Quarterly Status Report, Report will be denied until narrative is provided; also financial reimbursements will be withheld until the required information has been submitted B. The Recipient shall provide the Division with full support documentation for the quarterly financial reports. To eliminate large files and mailings, the Division will accept back up documentation on a CD if desired by the Recipient. • Planning Costs. Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices, checks and canceled checks and copies of planning materials and work products (i e., meeting documents, copies of completed plans (if submission of plans is for the Division then only need to provide date of submission and who submitted plan/product to), etc ) • Training Costs Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices, checks and canceled checks and a copy of the agenda, sign in rosters and any training materials provided • Exercise Costs Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices, checks and canceled checks and a copy of the agenda, sign in rosters and any exercise materials provided • Equipment Acquisition Costs. Copies of Invoices/receipts, checks and canceled checks AEL# for each purchase • Management and Administrative Costs. Supply copies of timesheets documenting hours worked and proof employee was paid (i e., earning statements/payroll registries) • For travel and conferences related to EMPG activities, copies of all receipts must be submitted (i e , airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference If conference, a copy of the agenda must be provided Proof of payment is also required for all travel and conferences. • Copies of the general ledger each quarter should also be provided. C The final close-out report is due sixty days after termination of this Agreement. D If all required reports prescribed above are not provided 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 such other action as set forth in Paragraphs (10), (11) and (12) of this Agreement. "Acceptable to the Division" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. 29 Attachment D A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 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.0 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR Part 66, Common rule 6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq ) 10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 12) 28 CFR applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 14) 42 USC 3789(d), or Victims of Crime Act (as appropriate), 15) Title VI of the Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973, as amended, 17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990), 18) Title IX of the Education Amendments of 1972, 19) Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 20) 28 CFR Part 42, Subparts C,D,E, and G 21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39 22) Chapter 252, Florida Statutes 23) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 24) 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule) 25) 44 CFR, Part 302 26) 48 CFR, Part 31 27) OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133 Special Conditions 1 The Recipient shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements A non-exclusive list of regulations commonly applicable to Department of Homeland Security grants are listed below A. Administrative Requirements • 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110) B Cost Principles • 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A- 87) • 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) • 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) 30 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK • Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C Audit Requirements • OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 2 Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 3 The recipient agrees that all allocations and uses of funds under this grant will be in accordance with the FY 2013 Emergency Management Performance Grants Program Guidance and Application Kit. 4 The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings, structures and objects that are 50 years old or older, and purchase and use of sonar equipment. Recipient must comply with all conditions placed on the project as the result of the EHP review Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding 31 Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20-20 Anticipated Expenditures for First Three Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 32 Attachment F Warranties and Representations A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Financial Management Recipient's financial management system must include the following (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets Recipient shall safeguard all assets and assure that they are used solely for authorized purposes (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation Competition. All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours. The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 33 Attachment G 4 TRUE COPY CERTIFICATION ON LAST PAGE R SMITH, CLERK 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 Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 34 Attachment H Statement of Assurances A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No A-21, A-110, A-122, A-128, A-87; E 0 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1 It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs 2 It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et. seq ) 3 It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4 It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties 5 It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6 It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements 7 It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8 It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance 9 It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq ) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800 8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties 35 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 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 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Attachment 1 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 [i 1. Have all invoices been included? 7 2. Has an AEL # been identified for each purchase? o o 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? El El ❑ 6. 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). Has Attachment G (found within Agreement with FDEM) been completed for this consultant and included in the reimbursement package? Salary Positions (Note: this applies to positions billed under M&A and Organization as well) Ti 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? 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? 37 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 0 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? ❑ 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 ❑ I. 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? 38 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, and #of hours spent at EOC, hourly rate and total paid to each attendee? Have print outs from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? Matching Funds 1. Contributions are from Non Federal funding sources. 2. Contributions are from cash or in-kind contributions which may include training investments. 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 4c? ❑ 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? STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIof r HAT THI -, 8 A TRUE AND CO CT COP THE ORIGINAL • IN OFFICE. , T'�..5 TN �(3�� A --„0•240,-.6,,A01_4” , :P - DATE 39