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HomeMy WebLinkAbout2014-1032oiq -103 Contract Number 15 -BG -83-10-40-01-031 8. L• STATE -FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Recipient') THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein, and B The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following (1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the 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 F (3) PERIOD OF AGREEMENT This Agreement shall begin on July 1, 2014 and shall end June 30, 2015, 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, Recipients 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 1 3 Records relating to real property acquired shall be retained for five years after the closing on the transfer of title (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the 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 nonstate entity as defined by Section 215 97, Fla. Stat., it shall comply with the following If the Recipient expends a total amount of State financial assistance equal to or more than $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215 97, Fla. Stat., applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10 550 (local government entities) or 10 650 (nonprofit and for-profit organizations), Rules of the Auditor General EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215 97(8), Fla. Stat. This includes submission of a reporting package as defined by Section 215 97(2)(e), Fla. Stat. and Chapters 10 550 (local governmental entities) or 10 650 (nonprofit and for-profit organizations), Rules of the Auditor General If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215 97, Fla. Stat, is not required In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215 97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (i e , the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities) Additional information on the Florida Single Audit Act may be found at the following website https.//apps.fldfs.com/fsaa/singleauditact.aspx. (e) Report Submission 1 The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken 2 2 The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number 3 Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directly to each of the following The Division of Emergency Management at the following addresses Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 OR DEMSingle_Audit@em myflorida.com The Auditor General's Office at the following address. Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4 Any reports, management letter, or other information required to be submitted to the Division of Emergency Management pursuant to this Agreement shall be submitted on time as required under 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 5 Recipients, when submitting financial reporting packages to the Division of Emergency Management 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, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package (f) If the audit shows that all or any portion of the funds disbursed hereunder 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 (g) The Recipient shall have all audits completed in accordance with Section 215 97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be 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 submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31 (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs 3 (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division (f) The Recipient shall provide additional reports and information identified in Attachment E. (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 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 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; 4 (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information, (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively. (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (13) herein, (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds (e) Exercise any corrective or remedial actions, to include but not be limited to 1 request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2 issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3 advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4 require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible, (f) Exercise any other rights or remedies which may be available under law (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION (a) The Division may terminate this Agreement for cause after thirty days written notice Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination The Recipient will cancel as many outstanding obligations as possible Costs incurred after 5 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 Teresa A. Warner Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone 850-922-1637 Fax: 850-488-7842 Email teresa.warner@em myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is John King IRC Emergency Services 4225 43rd Ave. Vero Beach, FL 32967-1671 Telephone 772-567-2154 Fax: 772-567-9323 Email Iking(ircgov.com (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13)(a) above (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288 703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully 6 (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 — Budget Narrative Attachment D — Deliverables Attachment E — Reports Attachment F — Program Statutes, Regulations and Program Requirements Attachment G — Justification of Advance Payment Attachment H — Warranties and Representations Attachment I — Certification Regarding Debarment Attachment J — Statement of Assurances Attachment K — Reporting Forms (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 $105,806.00, subject to the availability of funds (b) Any advance payment under this Agreement is subject to Section 216 181(16), FIa.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 G Attachment G 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 sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part of the Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division 7 All funds received hereunder shall be placed in an 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. 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 Any requests received after July 31, 2015, 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 At a minimum, the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the Recipient's Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure is lower (Rule 27P-19.011, Florida Administrative Code). Recipient's general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with Rule Chapter 27P-19, Florida Administrative by its execution of this Agreement, and as a condition precedent to receipt of funding. All payments relating to the Agreement shall be mailed to the following address Attn. Finance Dept. Indian River County 1801 27th Street Vero Beach, FL 32960 (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 8 any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference 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. (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 I) 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. 9 (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 expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures (p) The Agreement may be charged only with allowable costs resulting from obligations incurred during the term of the Agreement. (q) Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief. 1 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 10 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. 11 (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment J IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: INDIAN RIVER COUNTY By Name and title Peter D. O'Bryan, Gfiairman Date FID# 59-6000674 BCC Approved. August 19, 2014 STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT By. AName and Title Date IffA-,c.oc_4 J) �R . APPROVED CB) Y al_?.s.A) .cor).....u-A unty A ministrator Approved as to form and legal sufficiency Ba/V 12 Attest: Jeffrey R Smith, Clerk of Court and Comptroller EXHIBIT — 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING SUBJECT TO SECTION 215.97, FLORIDA STATUTES. NOTE. If the resources awarded to the recipient represent more than one State project, provide the same information shown below for each State project and show total state financial assistance awarded that is subject to Section 215.97, Florida Statutes. State Project - State awarding agency- Division of Emergency Management Catalog of State Financial Assistance title Emergency Management Programs Catalog of State Financial Assistance number 31 063 $105,806 00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS Pursuant to Section 252.373, Florida Statutes and Rule Chapter 27P-19, Florida Administrative Code. Eligible activities for these funds are limited to salaries and expenses relating to maintaining and enhancing county emergency management plans and programs Eligible recipients for these funds are limited to the 67 Florida counties 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. 13 83,595 00 22,211 00 Attachment A Program Budget ■ Below is a general budget which outlines eligible categories and their allocation ■ The transfer of funds between the categories listed in the Program Budget is permitted FY 2014-2015 — Emergency Management Preparedness and Assistance Grant INDIAN RIVER COUNTY Salary and Benefits Other Personal/Contractual Services OPS Expenses Operating Capital Outlay (OCO) Fixed Capital Outlay (FCO) 14 Attachment B Scope of Work Intent of Agreement: The intent of the EMPA Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes) This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population The objective of this funding is to assist in providing operating support for the areas outlined in Attachment C to maintain a county emergency management program. The objective is to help fund the county Emergency Management programs and maintain a 24-7 (this includes on-call coverage) daily response to county emergencies. The minimum acceptable standard for payment is a twelve month 24-7 operation. Emergency Management operation below the minimum standard will result in a prorated reduction in payment. In addition, the County is to achieve the following emergency management deliverables throughout the contract period to ensure county compliance and coordination with the state emergency management. Items listed in Attachment D are to be reviewed during the mid -year and end -of year progress report prepared in conjunction with the Division's Regional Coordinator to ensure county compliance. Any two deliverables in the series of 1 to 5 not completed will cause a 5% reduction in the overall amount of the reimbursement authorized in this agreement. Documentation supporting the completion of the goals outlined below should be submitted on the Quarterly Financial report. By signing this Agreement the Recipient certifies that it will use the award to enhance its Emergency Management Program 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 15 Attachment C Budget Narrative I. Categories and Eligible Activities Emergency Management Preparedness and Assistance Grant FY2014-2015 allowable costs are divided into the following categories salary and benefits, other personal contractual services, expenses, operating capital outlay and fixed capital outlay are allowable A. Salaries and Benefits Salaries and Benefits are eligible for reimbursement under the EMPA Agreement. The Staffing Detail Worksheet must list the position for which reimbursement is requested Eligible categories for reimbursement include, but are not limited to • Regular Salary • Overtime • FICA • SS/Medicare • Retirement • Life/Health Insurance • Leave Payout • Accumulated sick/vacation time paid out within the Agreement period (this must be claimed during the Agreement period in which the payout occurred (regardless of which Agreements were in place at the time of accumulation) B. Other Personal/Contractual Services This category allows for reimbursement for services by a person(s) who is not a regular or full time employee filling established positions This includes but is not limited to, temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services Consultant Services require a pre -approved Contract or purchase order by the Division Copies of additional quotes should also be supplied when requesting pre -approval These requests should be sent to the Contract Manager for the Division for review either via e-mail or U S Mail The Division will respond within five (5) business days to requests for pre -approval unless additional information is needed from the county If requested, the response date will begin when the additional information is received If no response is received by the close of business on the 5'h business day, the contract or purchase order will be approved by default. Once approved, a copy of the Agreement must be sent to the Contract Manager within ten (10) days of execution 16 C. Expenses Expenses are defined as usual, ordinary, and incidental expenditures by an agency, including but not limited to, commodities and supplies of a consumable nature, current obligations and fixed charges Expenditures defined as Operating or Fixed Capital Outlay should not be included in this category Backup Documentation should reflect the amount requested on the Expenses Detail of Claims form Eligible items in the Expenses category include, but are not limited to • Utility (electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite) • Internet Service • Maintenance Agreements for equipment or services • General Office Supplies • Travel to/from meetings and conferences related to emergency management • Travel to training and/or exercises related to emergency management • Dues and Conference Travel as it relates to the Scope of Work • Equipment (that does not qualify as OCO or FCO) • Software and upgrades • Publications and Training Materials • Postage • Apparel for identification of Emergency Management Staff in the field • Fuel for Emergency Management vehicles • Food/Beverages for activations (must have Governor's Executive Order or a declared Local State of Emergency) Maintenance and Service Contracts or Purchase Orders Maintenance and Service Contracts and Purchase order timeframes are at the discretion of the county However, reimbursement can only be claimed for services within the Agreement period These Agreements cannot be rolled over from year to year The procurement process must be repeated each year to ensure competitive solicitation D. Operating Capital Outlay Operating Capital Outlay (OCO) is defined as equipment, fixtures and other tangible personal property of a non -consumable nature that has a normal expected life of one year or more Eligible items include, but are not limited to • Computers, printers, copiers and fax machines • Radios, satellite telephones and other communications equipment • Furniture for Emergency Management Offices and Emergency Operation Centers • Shelving for storage of Emergency Management equipment • Vehicles for the Emergency Management Program (see note regarding vehicle purchases below) E. Fixed Capital Outlay Fixed Capital Outlay (FCO) is defined as real property (land, buildings including appurtenances, fixtures and fixed equipment, structures, etc) including additions, replacements, major repairs and 17 renovations to real property which materially extend its useful life or materially improve or change its functional use, and including operating capital outlay necessary to furnish and operate a new or improved facility Eligible items include, but are not limited to • Major repairs to the County Emergency Operations Center • Central Heat/Air • Out buildings for storage of Emergency Management Equipment • Security Improvements (i e Cameras and equipment to operate) • Generators and Installation II. Eligibility Requirements: Rule 27P-19 004, Florida Administrative Code (F.A.C) requires Counties to certify their commitment to employ and maintain either a Full-time Director or Part-time Coordinator Counties must also maintain a County Emergency Management budget that is equal to the amount of the previous year or the average of the previous three years' level of funding If the county budget is reduced for any reason, a waiver must be requested no later than forty-five (45) days prior to the beginning of the county fiscal year Rule 27P-19 011, F.A.0 further defines these requirements 18 Attachment D Deliverables The objective of this funding is to assist in providing operating support for the areas outlined in Attachment B and C to maintain a county emergency management program. The objective is to help fund the county Emergency Management programs and maintain a 24-7 (this includes on-call coverage) daily response to county emergencies. The minimum acceptable standard for payment is a twelve month 24-7 operation. Emergency Management operation below the minimum standard will result in a prorated reduction in payment. In addition, the County is to achieve the following emergency management deliverables throughout the contract period to ensure county compliance and coordination with the state emergency management. Items listed below are to be reviewed during the mid -year and end -of year progress report prepared in conjunction with the Division's Regional Coordinator to ensure county compliance. Any two deliverables in the series of 1 to 5 not completed will cause a 5% reduction in the overall amount of the reimbursement authorized in this agreement. Documentation supporting the completion of the goals outlined below should be submitted on the Quarterly Financial report. 1 COORDINATION AND COLLABORATION - Utilizing the elements below, county emergency management agencies will have an ongoing process that provides for coordinated and collaborated input in the preparation, implementation, evaluation and revision of emergency management programs A) Need to attend at least three and provide an agenda or a copy of the certificate to show participation in the following during this contract period (July 1, 2014 — June 30, 2015) • Quarterly Regional Coordination Meetings — submittal of agenda is NOT required • Current Issues in Emergency Management (CIEM) — submittal of certification is NOT required • Florida Governor's Hurricane Conference or National Hurricane Conference • Florida Emergency Preparedness Association Annual Meeting • Florida Emergency Preparedness Association Mid Year Work Session • Local Mitigation Strategy (LMS) Workshops • Professional Development Conferences & Training B) Update and submit changes to the County Contact Form, to include County Officials annually or as changes occur C) Hold at least one (1) Emergency Operations Center (EOC) concept of operations meeting to include Emergency Support Function (ESF) and community partners prior to the start of hurricane season D) Hold at least one (1) Recovery Strategy meeting to include the appropriate ESF, Non Government Partners (NGO) and community partners prior to the start of hurricane season 2 TRAINING AND EXERCISE - To ensure that each county emergency management agency maintains a comprehensive, all hazards training and exercise program to evaluate and test all aspects of the local emergency management system including activation of the county EOC, during this contract period (July 1, 2014 — June 30, 2015), the county shall A) Participate in the annual Statewide Hurricane Exercise and submit the following within 90 days This shall be uploaded to the Division's Sharepoint portal, https.//portal.floridadisaster.orq • One (1) Incident Action Plan (IAP) OR one (1) Situation Report (SITREP) with a roster of participants, and 19 • Participate in at least one (1) conference call B) Submit an After Action Report (AAR) and Corrective Action Plan (CAP) within 90 days for all exercises not conducted by the State This shall be uploaded to the Division's Sharepoint portal, https.//portal.floridadisaster.org 3 GEOGRAPHICAL INFORMATION - Emergency services data shall be developed, maintained, and updated in cooperation between counties and the Division A data export will be created for each county and uploaded to the Division's Sharepoint portal, https.//portal.floridadisaster.orq Updates and corrections shall be provided to the Division's GeoSpatial Information Systems (GIS) section on or before April 15, 2015 This shall include A) Location and attribute information of all fire rescue, law enforcement, public safety and emergency service stations shall be reviewed and updated as needed B) Location and attribute information of other critical facilities as deemed necessary by the county Emergency Manager Attribute information for spatial data requested shall include facility name, facility type, physical address, and USNG coordinates OR Latitude/Longitude in decimal degrees (only one or the other is needed) NOTES • Instead of reviewing the spreadsheet, an export from a county GIS department may be submitted Zipped shapefiles or geodatabases may be extracted from a county GIS system and uploaded to the Sharepoint portal • If a county maintains a GIS data download website, that URL may simply be provided • If counties have no changes in last submission, no update is necessary, but please provide feedback through the Sharepoint portal to indicate the data has been reviewed and no changes are required • Critical facility inventory spreadsheets provided will contain more facility types than are required to be reviewed and are provided as information to the counties 4 LOGISTICS - The County shall maintain a comprehensive resource management program that involves pre -disaster, systematic identification of resource requirements, shortfalls and inventories Also, the county shall identify local resources to meet emergency needs, and develop local contracts for goods and services The following shall be uploaded to the Division's Sharepoint portal, https.//portal.floridadisaster.org, no later than June 1, 2015 A) An updated county logistics strategy/plan that is consistent with guidance found in the County Logistics and Points of Distribution (POD) Standard Operating Guide (SOG) (CEMP 2355) The strategy/plan shall also include, but is not limited to the following • County Government Emergency Fuel Strategy • Utilization of private business and industry in meeting emergency resource needs • List of local vendors, any Memorandum of Agreements and contracts that will provide resources in an emergency • Location, survey forms and attributes information for county logistical staging areas • Location and attribute information for Points of Distribution (POD) sites and Comfort Stations 5 SHELTER SURVEY AND RETROFIT PROGRAM — In accordance with Florida's statewide hurricane shelter space deficit elimination program, the following shall be uploaded to the Division's Sharepoint portal, https.//portal.floridadisaster.orq All information shall be verified by the county 20 A) Identify potential hurricane shelter retrofit projects or report that there are no new identified projects (This information is used to compile the Shelter Retrofit Report.) B) Report all hurricane shelter retrofit projects that are undertaken, regardless of funding source(s) or report that there are no projects C) Develop and submit a strategy to ensure that by June 1, 2015, all designated Special Needs Shelters (SpNS) have a standby power system or capability with adequate capacity to support life -safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary medical equipment. For those designated SpNS facilities without a permanently equipped standby electric generating capacity, a locally sourced and acquired temporary electric generator with adequate capacity to support the standby power system requirements shall be provided D) Develop and submit a strategy to ensure that by June 1, 2015, there is adequate designated SpNS client space capacity to meet the anticipated five-year demands as determined by the 2012 Statewide Emergency Shelter Plan (January 31, 2012) All designated SpNS facilities must at a minimum meet the hurricane safety criteria established in the American Red Cross Standards for Hurricane Evacuation Shelter Selection (ARC 4496) and be equipped with an adequate standby electric power system or capability as described in item 5 C above E) Update and submit a hurricane shelter deficit reduction progress reports, which include "as -is", retrofit and Enhanced Hurricane Protection Areas (EHPA) construction (This information is used to compile the Shelter Retrofit Report.) F) Provide a brief report on results of the year's coordination with school boards, community colleges and universities (as applicable) for implementation of the statutory and code required Public Shelter Design Criteria (a.k.a. EHPA) The most recent published Statewide Emergency Shelter Plan can provide guidance for implementation of the EHPA criteria. A checklist to provide this information will be made available on the Division's Sharepoint Portal 21 Attachment E Reports A. Recipient shall provide the Division with quarterly financial reports, mid -year and end -of -year summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report. Reporting Forms are located in Attachment K and can be found on the Division Internet site 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 county. • Salaries includes, but is not limited to, a copy of the payroll register (highlight, underline or circle expenses being claimed), spreadsheet showing breakdown (optional), timesheets (if applicable), and canceled checks or proof of payment. Check/payroll registers are accepted as backup for both State and Federal Agreements with the Division if canceled checks are not available • OPS/Contractual Services includes, but is not limited to copies of contracts, MOUs or agreements with consultants or sub -contractors providing services, payroll registers, timesheets and copies of checks/proof of payment for temporary employees, student or graduate assistants, fellowships, part-time academic employment, etc Invoice detailing services performed and a copy of proof of payment (i e , canceled checks, general ledger showing deducted expenditure, etc ) • Expenses must include a copy of the invoice/receipt and proof of payment in the form of a canceled check or ledger showing amount deducted from county fund o If training/exercise is provided by contractor, an agenda, training materials, exercise materials and copies of sign -in rosters of attendees should be included If planning is provided then will need copies of planning materials and work products (i e , meeting documents, copies of completed plans, etc ) o For travel and conference 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 • OCO. includes but is not limited to a copy of the vendor invoice/receipt and proof of payment in the form of a check or ledger showing payment deduction • FCO includes but is not limited to a copy of the vendor invoice/receipt and proof of payment in the form of a check or ledger showing payment deduction • Copies of the general ledger each quarter should also be provided C Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. D The final close-out report is due forty-five days after termination of this Agreement. 22 E. The Budget Form is to be completed and sent along with the County's signed agreements for execution. Along with the Budget Form the county needs to provide a copy of the current Emergency Management Local Budget (General Revenue). This is to ensure compliance with Rule 27P-19.011, Florida Administrative Code. F In addition to the above, in order to ensure compliance with Rule 27P-19 011, Florida Administrative Code, historical budgetary information relating to the Recipient's Emergency Management Program is also required This information shall be developed based on guidelines provided by the Department and shall be submitted to the Division no later than December 31, 2014 The Historical Information form must be prepared and signed by an official of the County's Finance Office. G In a format provided by the Division, a proposed staffing summary and the counties position descriptions shall be submitted to the Division not later than December 31, 2014 H 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, and Rule 27P-19 014, Florida Administrative Code "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. I Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the Division's Regional Coordinator and submitted to the contract manager 23 Attachment F Program Statutes, Regulations and Program Requirements Program Statutes 1 Chapter 252, Florida Statutes 2 Rule Chapters 27P-6, 27P-11, 27P-19 and 27P-20, Florida Administrative Code 3 48 CFR, Part 31 Program Requirements (1) EQUIPMENT AND PROPERTY MANAGEMENT The Division will cover the monthly cost of the satellite service provided to the counties (this includes one (1) license per county) The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services In particular, the service charge does not cover: (a) Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external damage to the equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication equipment not provided to the Recipient by the Division under this Agreement, or from any cause other than intended and ordinary use (b) Changes, modifications, or alterations in or to the equipment other than approved upgrades and configuration changes (c) Deinstallation, relocation, or removal of the equipment or any accessories, attachments or other devices The Recipient shall be independently responsible for any and all charges not part of the initial service order (2) NAWAS The Florida National Warning System (NAWAS) is a U S Department of Homeland Security product that shall be monitored 24 hours a day/365 days a year The U S Department of Homeland Security supplies the line and one handset to the recipient at no cost. Additional equipment, connections and handsets are the responsibility of the Recipient. (3) VEHICLES Written approval from the Director of the Division must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMPA) Base Grant expenditures (4) PROPERTY MANAGEMENT/PROCUREMENT 24 (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-102 - Common Rule (c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose for which it was intended (d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policies and procedures (5) CERTIFICATIONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code, Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund The Recipient further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services outside the emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management Plan (CEMP) (c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement (SMAA) (d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time Director consistent with Rule 27P-19 002(6), Florida Administrative Code (6) OTHER CONDITIONS (a) As a further condition of receiving funding under this Agreement, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty- five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Division (b) Funds may not be used for items such as door prizes and gifts Flyers and educational information to educate the public about the Emergency Management Program is allowable 25 (c) Food and beverages may be purchased for Emergency Management personnel and other personnel only if the Recipients Emergency Operation Center or field command office is in an activated status and personnel receiving food/beverage are on duty at either of these locations Purchases may be made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat. (d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, and emergencies or otherwise govern the activation of the local emergency management program provided in s 252 38, Florida Statutes 26 Attachment G JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS (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) 27 Attachment H Warranties and Representations Financial Management Recipient's financial management system must include the following (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets Recipient shall safeguard all assets and assure that they are used solely for authorized purposes (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation Competition All procurement transactions shall be done in a manner to provide open and free competition The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so 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. 28 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. 29 Attachment I Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form SUBCONTRACTOR By. Signature Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 30 Attachment J Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No A-21, A-110, A-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 31 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 10 It will comply, bld 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 32