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HomeMy WebLinkAbout2009-117 I 1 a S . 9 Contract Number : 09 - DS -51 - 10 -40 -01 -� CFDA Number : 97 . 067 FEDERALLY - 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 EMERGENCY MANAGEMENT , ( hereinafter referred to as the " Recipient' ) . THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS ,- A . EPRESENTATIONS :A . The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein ; and B . The Division has received these grant funds from the State of Florida , and has the authority to subgrant these funds to the Recipient upon the terms and conditions below ; and C . The Division has statutory authority to disburse the funds under this Agreement . THEREFORE , the Division and the Recipient agree to the following : ( 1 ) SCOPE OF WORK , The Recipient shall perform the work in accordance with the Budget and Scope of Work , Attachment A of this Agreement . ( 2 ) INCORPORATION OF LAWS , RULES , REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws , rules and regulations , including those identified in Attachment B . ( 3 ) PERIOD OF AGREEMENT , This Agreement shall begin upon execution by both parties , and shall end 18 months after the date of execution , but no later than May 31 , 2010 , 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 Common Rule : Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No . A- 110 , "Grants and Agreements with Institutions of Higher Education , Hospitals , and Other Nonprofit Organizations , " and either OMB Circular No . A-87 , "Cost Principles for State and Local Governments , " OMB Circular No . A- 21 , "Cost Principles for Educational Institutions , " or OMB Circular No . A- 122 , "Cost Principles for Nonprofit Organizations . " If this Agreement is made with a commercial (for- profit) organization on a cost- reimbursement basis , the Recipient shall be subject to Federal Acquisition Regulations 31 . 2 and 931 . 2 . (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 d 'ispGSitiGr i . 3 . Records relating to real property acquired shall be retained for five years after the closing on the transfer of title . (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement , including documentation of all program costs , in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations . (d) The Recipient , its employees or agents , including all subcontractors or consultants to be paid from funds provided under this Agreement , shall allow access to its records at reasonable times to the Division , its employees , and agents . "Reasonable " shall ordinarily mean during normal business hours of 8 : 00 a . m . to 5 : 00 p . m . , local time , on Monday through Friday . "Agents" shall include , but not be limited to , auditors retained by the Division . (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents , in accordance with generally accepted accounting principles , to account for the receipt and expenditure of funds under this Agreement . (b) These records shall be available at reasonable times for inspection , review , or audit by state personnel and other personnel authorized by the Department or 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 Department 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 iequirernenis 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 each of the following addresses : Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 [also send an electronic copy to aurilla. parrish@dca. state .fl . us] and Division of Emergency Management Bureau of Response 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A- 133 , as revised (submit the number of copies required by Sections . 320 (d) ( 1 ) and (2) , OMB Circular A- 133 , as revised) , at the following address : Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville , IN 47132 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 addresses : Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 [also send an electronic copy to aurilla . parrish@dca .state .fl . us] and Division of Emergency Management Bureau of Response 2555 Shumard Oak Boulevard Tallahassee , Florida 32399-2100 (g) By the date due , send any reports , management letter, or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB 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 CircularA- 133 or Chapters 10 . 550 (local governmental entities) or 10 . 650 ( nonprofit and for- profit organizations) , Rules of the Auditor General , (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non- compliance . 0) The Recipient shall have all audits completed by an independent certified public accountant (IPA) , either a certified public accountant or a public accountant licensed under Chapter 473 , Fla . Stat . The IPA shall state that the audit complied with the applicable provisions noted above . The audit must be received by the Division no later than nine months from the end of the Recipient 's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close- out report . These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement , in addition to any other information requested by the Division . (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report . The ending dates for each quarter of the program year are March 31 , June 30 , September 30 and December 31 . (c) The close- out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs . (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division , the Division may withhold further payments until they are completed or may take other action as stated in Paragraph ( 11 ) REMEDIES . "Avve ptabl `c: to the v^ Jiaiv �i " iiieans that the work product was cornpleted 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 . (8) MONITORING . The Recipient shall monitor its performance under this Agreement , as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement , to ensure that time schedules are being met , the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods , and other performance goals are being achieved . A review shall be done for each function or activity in Attachment A to this Agreement , and reported in the quarterly report . In addition to reviews of audits conducted in accordance with paragraph (6) above , monitoring procedures may include , but not be limited to , on-site visits by Division staff, limited scope audits , and/or other procedures . The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division . In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate , the Recipient agrees to comply with any additional instructions provided by the Division or the Department 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 .ci.^, vmreign im �m4niLy appli2S Nvthing her ell l Z all be construed as coi�serit 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 ; (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 . rPguecif uddifional information from the Recipient to determine fhe 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 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 . /^ N All n 1: '. .. .. ' A . A ..1 .. .. .. .. �. . . .... . . t. ..L 1 . 1L ' A L _ 11 L kap nu noiiL.ca proviucu uncle or puiauant 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 D . Brown Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee , Florida 32399 -2100 Telephone : 8504144538 Fax: 850488-7842 Email : chanda . brown(a)em . rTiyflorida . com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is : John King , Director Indian River County Emergency Management 4225 43 `d Avenue Vero Beach , Florida 32967-1671 Telephone : 772 -567-2154 Fax : 772 -567-9323 Email : jking@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 vendor, as defined in Section 288 . 703 , Fla . Stat . ( 15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties . ( 16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully . (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments , the language of the attachments shall control , but only to the extent of the conflict or inconsistency . (c) This Agreement has the following attachments : Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Justification of Advance Attachment D — Warranties and Representations Attachment E — Certification Regarding Debarment Attachment F — Statement of Assurances ( 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 $40 ,500 , 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 maybe advanced may not exceed the expected cash needs of the Recipient within the first three 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 . [fan advance payment is requested below , the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C . Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds . An advance payment of $ is requested (c) After the initial advance , if any , payment shall be made on a reimbursement basis as needed . The Recipient agrees to expend funds in accordance with the Budget and Scope of Work , Attachment A of this Agreement . If the necessary funds are not available to fund this Agreement as a result of action by theLll � �frjl+ed Cta+ e� r r� ngragc the ferieral Office of Management and Budgetinn , the Mate r. hief Financial Officer or under subparagraph (20) (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 . ( 18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of " Department of Community Affairs" , and mailed directly to the following address : Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215 . 34 (2) , Fla . Stat . , if a check or other draft is returned to the Division for collection , Recipient shall pay the Division a service fee of $ 15 . 00 or 5 % of the face amount of the returned check or draft , whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information , representations , and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request , or in any submission or response to fulfill the requirements of this Agreement. All of said information , representations , and materials is incorporated by reference . The inaccuracy of the submissions or any material changes shall , at the option of the Division and with thirty days written notice to the Recipient , cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient . (b) This Agreement shall be construed under the laws of the State of Florida , and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County . If any provision of this Agreement is in conflict with any applicable statute or rule , or is unenforceable , then the provision shall be null and void to the extent of the conflict, and shall be severable , but shall not invalidate any other provision of this Agreement . (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement . (d) This Agreement may be executed in any number of counterparts , any one of which may be taken as an original . (e) The Recipient agrees to comply with the Americans With Disabilities Act ( Public Law 101 - 336 , 42 U . S . C . Section 12101 et seg . ) , which prohibits discrimination by public and FF1I �.. ke eiititie on the UUa 1 $ of diSabii y iii employment, ptibiiC al.lrolillllvuations5 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 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) Ail bi1to fvr fees or ivthcr compensation for services or expenses Shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 0) Any bills for travel expenses shall be submitted in accordance with Section 112 . 061 , Fla . Stat. (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. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement , any interest income shall either be returned to the Division or be applied against the Division 's obligation to pay the contract amount . ( m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers , constituting a violation of the employment provisions contained in 8 U . S . C . Section 1324a (e) [Section 274A (e) of the Immigration and Nationality Act (" INA")] . The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A (e) of the INA . Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division . (n) The Recipient is subject to Florida 's Government in the Sunshine Law (Section 286 . 011 , Fla . Stat . ) with respect to the meetings of the Recipient 's governing board or the meetings of any subcommittee making recommendations to the governing board . All of these meetings shall be publicly noticed , open to the public , and the minutes of all the meetings shall be public records , available to the public in accordance with Chapter 119 , Fla . Stat . (o) All unmanufactured and manufactured articles , materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U . S . C . 10a , unless it would not be in the public interest or unreasonable in cost . (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency . (b) The Recipient certifies , by its signature to this Agreement , that to the best of his or her knowledge and belief: 1 . 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 emp110yee 0 f a IVlember 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 Form to Report Lobbying . " 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 shoulu ki iovv coulu ^give rise to a patent or copyright . The Recipient shaii retain ail rights anu 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 F . IN WITNESS WHEREOF , the parties hereto have executed this Agreement. RECIPIENT: INDIAN! RIVER COUNTY EMERGENCY MANAGEMENT Name and title : Wesi e ,S . Davis , Chairman Date :_ ri 1 21 , 2009 F# D# 59-6000F74 STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT sy : Name and Title : 6iatg Fugate , Director of the Division of Emergency Management Date : TZ t ? I L t- c. AYPROVED Attest : J . K . Barton , Clerk. 13y : LO. 1 Deputy Clerk / I APPROVED AS TO FORM ,ANP L ta .Ait.. SUFFICI WILLIAM K . OEERAAL DEPUTY C' OUN'TY ATTORNEY 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 : DEPARTMENT OF HOMELAND SECURITY Catalog of Federal Domestic Assistance title and number: 97 . 067 Award amount : $40 ,500 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT : NOTE: If the resources awarded to the Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program : List applicable compliance requirements as follows: 1 . Recipient is to use funding to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 200&2009 State Homeland Security Grant Program (SHSGP) , consistent with the Department of Homeland Security State Strategy . 2 . Recipient is subject to all administrative and financial requirements or will be in violation with the terms of the agreement . NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the Recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1 , the language may state that the Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. 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 . Attachment A Budget and Scope of Work Proposed 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 . ,I- No more than 3% of the total award may be expended on Management and Administration costs by the Recipient . 4- At the discretion of the Recipient, funds allocated to Management and Administration (as described in the " Proposed Program Budget") may be put towards Programmatic costs instead . 14- The transfer of funds between Planning , Training , Exercises and Management & Administration is permitted , for this contract only , whereas Management & Administration costs do not exceed 3% of the Recipient 's total award . GrantReci�ientAgency 1."_ h 4 category, * & AmOunt :Aligcated :w . ,p , f c ., 41 14 1 A Planning Training $39,285 FY 08 State Homeland Security Indian River County Exercises Grant Program — Issue 20 Emergency Management Management & Administration (the dollar amount which corresponds to 3% of the $19215 total award is shown in the column on the right) 4 a 'w 'fro W41 Budget Detail Worksheet The Recipient is required to provide a completed Budget Detail Worksheet, to the Division , which accounts for the total award for issue 20 as described in the " Proposed Program Budget" . If any changes need to be made to the Budget Detail Worksheet or Metrics, after the execution of this contract , contact the contract manager listed in this contract via email or letter. Budget • 1 Solution �M . Public Education/Outreach Develop and implement homeland security support programs and adopt ongoing DHS national initiatives , including State Preparedness Reports Develop and enhance plans and protocols Develop or conduct assessments Establish , enhance , or evaluate Citizen Corps-related volunteer programs Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs — Payment of overtime expenses will be for work performed by award (SAA) or sub-award employees in excess of the established work week ( usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP . ( IAW operational Cost Guidance) Other projects areas with prior approval from FEMA S u Overtime and backfill funding for emergency preparedness and response personnel attending FEMA-sponsored and approved training classes and technical assistance programs. Grantees may also use FEMA grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA training . Training Workshops and Conferences - Grant funds may be used to plan and conduct training workshops or conferences to include costs 2 J `tea $ 2 ,500 related to planning , meeting space and other meeting costs , facilitation costs , materials and supplies , travel , and training plan development . Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support training-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 by the state in the design , development, conduct, and evaluation of CBRNE training . The applicant's formal written procurement policy or the Federal Acquisition Regulations ( FAR ) must be followed . 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 training project(s) or for attending ODP-sponsored courses . 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 i/www . ojp . usdoj . gov/ FinGuide . Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the training project(s) (e . g . , copying paper , gloves , tape , and non-sterile masks) . Tuition for higher education Other Items - These costs include the rental of space/ locations for planning and conducting training , badges , etc. A complete list of FEMA approved courses may be found at www . oip . usdoi . gov/odp/docs/Eii urses . pdf s . � . . s Design, Develop, Conduct and Evaluate and Exercise - The scenarios used in HSGP-funded exercises must be based on the State ' s/Urban Area 's Homeland Security Strategy and plans. Acceptable scenarios 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. 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 units) of government and have the approval of the state or the awarding agency, whichever is applicable . The services of 2 L j, - $ 38 ,000 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 associated with the design , development and conduct of CBRNE exercises are allowable expenses . Grantees may also use FEMA grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA exercises. Implementation of HSEEP ( Homeland Security Exercise and Evaluation Program 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 . usdoj , gov/ 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 . The scenarios used in SHSGP funded exercises must be terrorism-related and based on the State Homeland Security Strategy and plans . Acceptable scenarios for exercises include : chemical , biological , radiological , nuclear , explosive , cyber and agricultural . A state or local jurisdiction that conducts an exercise using SHSGP funds must follow the HSEEP doctrine and protocols located at I":i/www_Pi"u idq. govilodplexercises . htrr #hsee . Hiring of full -time or part-time staff or contractorsiconsultants : 1 To assist with the management of the FY 2008 SHSGP 1 To assist with application requirements and the implementation of the FY 2008 SHSGP 1 To assist with the compliancy with reporting and data collection as it may relate to the FY 2008 SHSGP t Meeting compliance with reporting/data collection requirements , including data calls . Development of operating plans for information collection and processing necessary to respond to DHS/ODP data calls. Overtime and backfill costs — Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA — approved activities . Backfill Costs also called " Overtime as Backfill' are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA — approved activities outside their core responsibilities . Neither overtime nor backfill expenses are the result of an increase of Full — Time Equivalent ( FTEs) employees . These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable . In no case is dual compensation allowable . That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time ( e . g . , 1 : 00 pm to 5 : 00 pm) , even though such work may benefit both activities . Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act ( FICA) , Workers' Compensation and Unemployment Compensation . Travel expenses Meeting-related expenses ( For a complete list of allowable meeting - related expenses, please review the OJP Financial Guide at http //www . oip . 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 contract period : 1 Recurring fees/charges associated with certain equipment , such as cell phones, faxes , etc . 1 Leasing and/or renting of space for newly hired personnel to administer programs within FY 2008 SHSGP . TOTAL $ 40,500 Project Metrics Planning Total Planned for Life of Grant Assessments : ( indicate yes or no ) Terrorism Risk Assessments No Identification of Critical Infrastructure and Key Assets No All- Hazards Analysis and Risk Assessments No Capability Gap Analysis/Shortfalls Against Planning Scenarios/Capacity No Thresholds Point Vulnerability Assessments No Plans and Procedures Developed Enhanced : Terrorism Prevention/Deterrence Plan No Site and Buffer Zone Security Plan Risk Mitigation Plan No COOP/COG Plan No Interoperable Communications Plans No Develop/Enhance Emergency Operations Plans No Develop/Enhance Emergency Operations Plans : Integration of No Citizen/Volunteer Resources Develop/Enhance Emergency Operations Plans: Other EOP Elements and No Annexes All-Hazards Mitigation Plan No Crisis Communications Plan No EMAP Accreditation No Mass Casualty and Mass Fatality Plans No Critical Site/Jurisdiction Evacuation Plans , Including Sheltering Efforts No Logistics and Resource Management Plan No Catastrophic Incident Response Training No Integration of ALL- Hazards Strategic Elements to the State Homeland Security No Strategy Develop/Enhance Emergency Operations Plans: Integration of NIMS No Concepts/Principals Develop/Enhance Emergency Operations Plans : Terrorism Incident Annexes No Comprehensive Emergency Management Plan No Citizen Corps Plans and Outreach No Recovery Plans No Training Total Planned for Life of Grant ( indicate actual numbers ) Number of Personnel to be Trained to Awareness Level 10 Number of Personnel to be trained to Management & Planning Level 10 Number if Citizens Who Received Some Other Type of Training (e . g . , advanced 2 search and rescue , first aid , community relations , ICS Number of Personnel to be Trained in All-Hazards Emergency Management 10 Number of Personnel to be Trained in NIMS/ICS 10 Number of Personnel to be Trained to Performance (Defensive ) Level 2 Number of Personnel to be trained to Performance (Offensive) Level 2 Number of CERT Team Members Trained 0 Number of Training Courses to be Institutionalized in Existing Training Systems 4 Exercises Total Planned for Life of Grant ( indicate actual numbers ) Number of Seminars Conducted 0 Number of Full -Scale Exercises Conducted 0 Number of Exercises Conducted ( al types) that test NIMS Concepts/ Principles 0 Number of Exercises Conducted (all types) that Address Hazards Other Than 0 Terrorism Number of Workshops Conducted 0 Number of Tabletop Exercises Conducted 1 Number of Games Conducted 0 Number of Functional Exercises Involving Two or More MMRS Capability Areas Q Number of Drills Conducted 0 Number of Functional Exercises Conducted 1 Number of Exercises Conducted (all types) that include Citizen Participation 2 Management & Administration Total Planned for Life of Grant ( indicate actual numbers ) Number of Contractors/Consultants Hired (Work-Years) 1 Number of FulkTime or Part-Time Staff Hired (Work-Years) Q Scope of Work Funding is provided to perform eligible activities as identified in the Domestic Homeland Security — Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2008 State Homeland Security Grant Program (SHSGP) , consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Categories and Eligible Activities 20 . Planning , Training and Exercises for Local and Regional Efforts FY 2008 SHSGP , Issue 20 , allowable costs are divided into the following categories : planning, training and exercises. In addition , management and administration costs are also allowable . Management and administration costs may not exceed 3% of the Recipient 's total award . A. Planning Public Outreach & education Developing scenario plans that incorporate the range of prevention, protection , response, and recovery activities for a scenario Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following : d Implementing the National Preparedness Guidelines d Costs associated with the adoption , implementation and adherence to NIMS compliance requirements ; including implementing the NIMS National Credentialing Framework. Modifying existing incident management and EOPs to ensure proper alignment with the NRF coordinating structures , processes , and protocols d- Establishing or enhancing mutual aid agreements d Developing communications and interoperability protocols and solutions .� Conducting local , regional , and Tribal program implementation meetings d. Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIMS Integration Center ( NIC) .� Designing State and local geospatial data systems 1 Conducting public education and outreach campaigns, including promoting individual , family and business emergency preparedness; alerts and warnings education ; and evacuation plans as well as IED or bombing prevention awareness 4- Preparing materials for the State Preparedness Report (SPR ) Developing related terrorism prevention activities including : Developing law enforcement prevention activities , to include establishing and/or enhancing a fusion center 4Hiring an IT specialist to plan , develop , and implement the IT applications necessary for a fusion center 1 Developing and planning for informationiinteliigence sharing groups 41 Hiring contractors and consultants to make recommendations on the development of a fusion center 4: Integrating and coordinating private sector participation with fusion center activities -4� Acquiring systems allowing connectivity to State , local , and Federal data networks , such as the National Crime Information Center ( NCIC) and Integrated Automated Fingerprint Identification System ( IAFIS ) , as appropriate 1 Planning to enhance security during heightened alerts , during terrorist incidents , and/or during mitigation and recovery d Multi-discipline preparation across first responder community , including EMS for response to catastrophic events and acts of terrorism .L Public information/education : printed and electronic materials , public service announcements , seminars/town hall meetings , web postings coordinated through local Citizen Corps Councils ,. Citizen Corps volunteer programs and other activities to strengthen citizen participation a Conducting public education campaigns , including promoting individual , family and business emergency preparedness ; promoting the Ready campaign; and/or creating State , regional or local emergency preparedness efforts that build upon the Ready campaign 4, Evaluating CIP security equipment and/or personnel requirements to protect and secure sites d- CIP cost assessments , including resources (e . g . , financial , personnel ) required for security enhancements/deployments .I Multi-Jurisdiction Bombing Prevention Plans (MJBPP) Underwater Terrorist Protection Plans Developing and enhancing plans and protocols, including but not limited to: J- Developing or enhancing EDPs and operating procedures 4- Developing terrorism prevention/deterrence plans J- Developing plans, procedures , and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies i Developing or enhancing border security plans 4. Developing or enhancing cyber security plans 4� Developing or enhancing cyber risk mitigation plans 4� Developing or enhancing agriculture/food security risk mitigation , response, and recovery plans 4. Developing public/private sector partnership emergency response , assessment, and resource sharing plans Developing or enhancing plans to engage and interface with , and to increase the capacity of, private sector/non-governmental entities working to meet the human service response and recovery needs of victims d- Developing or updating local or regional communications plans 4- Developing plans to support and assist special needs jurisdictions , such as port authorities and rail and mass transit agencies 4� Developing or enhancing continuity of operations and continuity of government plans -4 Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRF Developing or enhancing evacuation plans a Developing or enhancing citizen surge capacity 4� Developing or enhancing plans for donations and volunteer management and the engagement/integration of private sector/non-governmental entities in preparedness, response , and recovery activities 4- Developing or enhancing Bombing Prevention Plans 4- Developing school preparedness plans 4- Ensuring jurisdiction EDPs adequately address warnings , emergency public information , evacuation , mass care , resource management from non-governmental sources , unaffiliated volunteer and donations management , and volunteer resource integration to support each Emergency Support Function , to include appropriate considerations for special needs populations 4 Developing and implementing civil rights , civil liberties and privacy pol!c!es, procedures , and protocols 4- Designing and developing State and local geospatial data systems Developing or conducting assessments, including but not limited to : i Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans 4- Developing border security operations plans in coordination with CBP 4- Developing , implementing , and reviewing Area Maritime Security Plans for ports , waterways, and coastal areas 4� Updating and refining threat matrices 4. Conducting cyber risk and vulnerability assessments i Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and State resources J Conducting Bombing Prevention Capability Analysis 4� Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e .g . law enforcement , fire , EMS , public health , behavioral hea !±h , public works , agriculture , information technology , and citizen preparedness) 4� Activities that directly support the identification of pre- designated temporary housing sites �L Conducting community assessments , surveys, and research of vulnerabilities and resource needs , and determine citizen education and participation to meet the needs -1- Conducting Citizen Corps program assessments and evaluations , citizen preparedness surveys , volunteer impact studies , and cost/benefit analysis Soft target security planning ( public gatherings) Establish, enhance, or evaluate Citizen Corps -related volunteer programs Hiring of full or part-time staff or contractors/consultants to assist with planning activities 4 Grantees cannot use funding to hire public safety personnel fulfilling traditional public safety duties . Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill J- 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 HSGP . (IAW operational Cost Guidance) Be Training Funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training program . Allowable training- related costs include : Funds used to develop, deliver, and evaluate training, including costs related to administering the training , planning , scheduling , facilities , materials and supplies , reproduction of materials , and equipment. i Overtime and Backfill costs , as defined in this guidance, associated with attending or teaching FEMA-sponsored and/or approved training courses and programs are allowed . These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency , whichever is applicable . In no case is dual compensation allowable . That is , an employee of a unit of government may not receive compensation from both their unit or agency of government AND from an award for a single period of time (e .g , , 1 :00 pm to 5: 00 pm) , even though such work may benefit both activities . Further , overtime costs associated with employees who participate in training in a teaching role for which they are compensated are not allowed . Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act ( FICA) , Workers' Compensation and Unemployment Compensation . d. 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 to support 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 of the total allocation as specified in section E . 6 . In no case is dual compensation allowable . Certification/Recertification of Instructors is an allowable cost. 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 Funds may be used to design , develop , conduct , and evaluate exercises that : • Evaluate prevention and response plans , policy , procedures , and protocols , including NIMS and NRP . Assess the readiness of jurisdictions to prevent and respond to terrorist attacks. Encourage coordination with surrounding jurisdictions in prevention , protection , response , and recovery activities. implementation of HSEEP , including deveioping and maintaining a sett-sustaining State Homeland Security Exercise and Evaluation Program that is modeled on the national HSEEP . Grantees are expected to develop a self sustaining exercise program . A self-sustaining exercise program is one that is successfully able to implement , maintain , and oversee the Multi-year Training and Exercise Plan , including the development and delivery of HSGP-funded exercises. The program must utilize a multi-disciplinary approach to the development and delivery of exercises , and build upon existing plans , training , and equipment . 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 and local 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) . Exercises conducted with FEMA support must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program ( HSEEP) . HSEEP Volumes 1-III contains guidance for exercise design , development , conduct , evaluation and improvement planning . HSEEP Volume IV provides sample exercise materials and HSEEP Volume V: Prevention Exercises contains guidance and recommendations for designing , developing , conducting , and evaluating prevention focused exercises . All volumes can be found at http://hseep. dhs . ov. All exercises using HSGP funding must be NIMS compliant . More information is available online at the NIMS Integration Center , http.//www. feme .cioulemergencV/nims/index. siitm. Exercise Scenarios. The scenarios used in SHSGP-funded exercises include catastrophic events , provided that they also build capabilities that relate to terrorism and based on the State or Urban Area Homeland Security Strategy and plans . Acceptable scenarios for 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. Grantees that need further clarification on scenarios should consult with their State Exercise Manager for assistance and/or approval . Fifteen all-hazards National Planning Scenarios , including 12 terrorism scenarios , have been developed , and will be made available for use in national , federal , state , and local homeland security preparedness activities (See HSPD4: National Preparedness on page 49) . Citizen participation in exercises is encouraged to include backfilling non- professional tasks for first responders deployed on exercise, administrative and logistical assistance with exercise implementation , and providing simulated victims , press , and members of the public. Citizen participation in exercises should be coordinated with local Citizen Corps Council(s) . If a state or urban area will be hosting an upcoming special event (e .g . , Superbowl , G-8 Summit, etc. ) , or they anticipate that they will apply to be a venue for a future Top Officials (TOPOFF) exercise , they should plan to use SHSP or UASI funding to fund training and exercise activities in preparation for that event. All tabletop exercises (TTXs) , drills , functional exercises (FEs) , and full-scale exercises ( FSEs) will be evaluated and performance based . An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State following every TTX, drill , FE , and FSE . AAR/IPs must be provided to the State within 30 days following completion of each exercise (see HSEEP Volume ll , Appendix A ) . D. Management and Administration - no more than 3 % of each sub-recipient 's total award may be expended on Management and Administration costs. Hiring of full-time or part-time staff or contractors/consultants : • To assist with the management of the FY 2008 SHSGP • To assist with application requirements and the implementation of the FY 2008 SHSGP • To assist with the compliancy with reporting and data collection as it may relate to the FY 2008 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to : • Meeting compliance reporting/data collection requirements, including data calls Development of operating plans for information collection and processing necessary to respond to DHS/ODP data calls 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 hftp://www . oap . usdoi . gov/ FinGuide ) . Acquisition of authorized office equipment, including : The following are allowable only within the period of performance of the contract: • Recurring fees/charges associated with certain equipment , such as cell phones , faxes , etc . • Leasing and/or renting of space for newly hired personnel to administer programs within the FY 2008 SHSGP E . Unauthorized Expenditures • Activities unrelated to the completion and implementation of the SHSGP • Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs • Funding may not be used to supplant ongoing , routine public safety activities of state and local emergency responders , and may not be used to hire staff for operational activities or backfill F. Overtime and Backfill Guidance Overtime : Expenses incurred by those personnel who, as a result of FEMA-approved activities , are performing over and above their normal , scheduled work hours or work week . Backfill (also called Overtime as Backfill) : Expenses incurred by those personnel who are working over and above their normal , scheduled work hours , or work week , in order to perform the duties of other personnel who are temporarily assigned to FEMA-approved activities outside their core responsibilities . The OJP OC does not distinguish between Overtime and Overtime as Backfill – they are both viewed as overtime regardless of whether the individual has performed more hours in their normally assigned place of duty or if the overtime accrued as a result of being re-assigned to a different place of duty. Overtime and backfill do not result in an increase of full-time employees (FTEs) . Il . National Preparedness Initiatives Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay abreast of initiatives being highlighted by DHS and to comply with associated program requirements. A. National Incident Management System ( NIMS ) Prior to Fiscal Year ( FY) 2007, IMSI required jurisdictions to self-certify their NIMS compliance . Beginning in FY 2007 , NIMS compliance was determined by State , territory , Tribal Nation and local government responses to performance-based "metrics" . IMSI developed these compliance metrics from previously-required implementation objectives specified in the FY 2006 N/MS Implementation Matrix for States and Territories and the FY 2006 NIMS Implementation Matrix for Tribal Governments and Local Jurisdictions. Additionally , the NIMS Compliance Assistance Support Tool ( NIMSCAST) has been expanded to incorporate these metrics as well as provide stakeholders with a way to collect and report data relating to NIMS implementation and compliance . IMSI will analyze this data to help shape the future of its NIMS compliance program . 1 . FY 2008 NIMS Compliance Requirements In FY 2008, there are 38 NIMS compliance objectives . Twenty-four (24) of these objectives are pre- existing objectives with which local governments must continue to comply . Only one additional compliance objective under Resource Management, #21 , is new to States and territories , Tribal Nations , and local governments in this fiscal year. One objective under Preparedness: Training was previously issued in FY 2007 and is a compliance objective requiring Tribal Nation compliance by the end of FY 2009 . IMSI identifies an additional 11 FY 2009 objectives for which States and Territories , Tribal Nation , and Local government can plan . Projected FY 2009 compliance objective include: • Complete ICS-400 Advanced ICS training or equivalent by appropriate personnel (as identified in the Five-Year NIMS Training Plan , February 2008 ) . • Complete Emergency Management Framework Course—Awareness Training (as identified in the Five- Year NIMS Training Plan , February 2008) • Include preparedness organizations and elected and appointed officials in the development of emergency operations plans ( EDPs) . • Plan for special needs populations in the development of EDPs (to include , but not limited to , individuals with limited English language proficiency; individuals with disabilities ; children ; the aged , etc . ) . • Include NGOs and the private sector in an all-hazards exercise program , when appropriate . • Promote the integration of Incident Command , Multiagency Coordination System , and Public Information into appropriate exercises and evaluate against associated target capabilities (refer to HSEEP Volume III and the Exercise Evaluation Guides) Institute procedures and protocols for operational and information security during an incident/planned event . • Institute multidisciplinary and/or multi-jurisdictional procedures and protocols for standardization of data collection and analysis to utilize or share information during an incident/planned event. • Develop procedures and protocols for communications (to include voice , data , access to geospatial information , InternetANeb use , and data encryption ) , where applicable , to utilize or share information during an incident/planned event . • Institute policies , plans , procedures and protocols to prevent spontaneous deployment of resources/personnel and/or responding to a request that bypassed official resource coordination processes ( i . e . , resources requested through improper channels) . • Institute mechanisms to deploy , track , recover , demobilize , and to provide reimbursement for resources utilized during response and recovery. • Utilize access control measures during an incident , as appropriate . 2. Local units of government should support NIMS implementation by : • Having relevant personnel complete the NIMS Awareness Course: These independent study courses are available on-line and will take between forty-five minutes to three hours to complete. The course is available on the Emergency Management Institute web page at : http ://training , fema . gov • Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will provide sample language and templates to assist in formally adopting NIMS through legislative and/or executive/administrative means . • Establish a NIMS baseline by determining which NIMS requirements are already satisfied. Prior to Fiscal Year ( FY) 2007, IMSI required jurisdictions to self-certify their NIMS compliance. Beginning in FY 2007 , NIMS compliance was determined by State , territory , Tribal Nation and local government responses to performance-based " metrics" . IMSI developed these compliance metrics from previously-required implementation objectives specified in the FY 2006 NIMS Implementation Matrix for States and Territories and the FY 2006 NIMS Implementation Matrix for Tribal Governments and Local Jurisdictions. Additionally, the NIMS Compliance Assistance Support Tool ( NIMSCAST) has been expanded to incorporate these metrics as well as provide stakeholders with a way to collect and report data relating to NIMS implementation and compliance . IMSI will analyze this data to help shape the future of its NIMS compliance program . 3 . FY 2007 Requirements In order for the State to receive FY 2008 preparedness funding , the compliance requirements described above must be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from the NIC . The NIC web page , http ://www . fema . gov/nims , will be updated regularly with NIMS information and implementation guidance . B. National Preparedness System ( NPS ) The NPS provides a tool to assist jurisdictions, agencies, and organizations at all levels to plan for , assess , and track capabilities in a shared environment. It integrates various efforts to provide the comprehensive picture of preparedness and progress toward achieving the Goal . Recipients are responsible for/and required to report data into this developing system . III. Reporting Requirements A. Benchmarks .l- All funds shall be obligated within the first 6 months of the date of execution of the contract by both parties, no later than May 31 y 2009 d- No less than 50 % of the funds shall be spent within the first 12 months from the date of execution of the contract, no later than November 30 2009 1- 100 % of the funds shall be spent within 18 months from the execution of the contract no later than May 31 , 2010 . d. Any unobligated funds will be deobligated at the end of this period and are subject to reallocation to other prioritized projects . .1- Extensions to the period of performance will be considered only through formal requests to FDEM with specific and compelling justifications why an extension is required All requests for extensions are subject to review and will not automatically be granted B . Quarterly Programmatic Reporting : The Quarterly Programmatic Report is due within 30 calendar days after the end of the reporting periods (March 31 , June 30 , September 30 and December 31 ) for the life of this contract. If a report(s) is delinquent , future financial reimbursements will be withheld until the Recipient's reporting is current . Programmatic Reporting Schedule Reporting Period Report due to DEM no later than January 1 through March 31 Aril 30 April 1 through June 30 July 31 July 1 through September 30 1 October 31 October 1 through December 31 January 31 Biannual Strategic Implementation Report : After the end of each reporting period , for the life of the contract , the recipient will complete their Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT) https :/Iwww, reporting . odp . dhs . gov , The reporting periods are January 1 -June 30 and July 1 -December 31 . Data entry is scheduled for December 1 and June 1 respectively . co Reimbursement Requests: A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period . The Recipient should include the category's corresponding line item number in the " Detail of Claims" form . This number can be found in the " Proposed Program Budget" . A line item number is to be included for every dollar amount listed in the " Detail of Claims" form . D. Close-out Programmatic Reporting : The Close-out Report is due to the Florida Division of Emergency Management no later than 60 calendar days after the contract is either completed or the contract has expired . E . Monitoring : Florida Division of Emergency Management US Department of Homeland Security Grants Program Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds , projects and equipment the Florida Division of Emergency Management ( FDEM) has a responsibility to track and monitor the status of the grant activity and items purchased . The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines . The FDEM is responsible for monitoring the financial , programmatic and capability portion of the grant to include equipment procurement and compliance with applicable SHSGP grant guidance and statutory I cglilatlOiiS . Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits . There are two primary areas reviewed during monitoring activities - financial and programmatic/capability . Financial monitoring is the review of records associated with the purchase and disposition of property , projects and contracts . Capability review is the observation of equipment purchased , protocols and other associated records . Various levels of financial and programmatic review may be accomplished during this process . Desk monitoring is defined as the review of projects , financial activity and technical assistance between the program office and the applicant via e-mail and telephone . Site visits are defined as actual visits to the recipient agency's location by a team or members of the FDEM or their designee , to actually observe records , procedures and equipment. Frequency of annual monitoring activity: Each year the FDEM will identify up to 50 % of sub-grantees for site visit monitoring . It is important to note that although a given grant has been closed successfully , it is still subject to either desk or on-site monitoring . Examples of areas that may be examined include : Management and administrative procedures Grant folder maintenance Equipment accountability and sub- hand receipt procedures Program for obsolescence Status of equipment purchases Status of training for purchased equipment 30 Status and number of response trainings conducted to include number trained Status and number of exercises Status of planning activity Anticipated projected completion Specific difficulties completing the project. Agency NIMS/ICS compliance documentation In certain circumstances , the FDEM may request additional monitoring/information if the activity , or lank there of, on the part of the specific recipient has generated questions from the region , the sponsoring state agency or the FDEM leadership . The method of gathering this information will be determined on a case-by-case basis . Desk monitoring is an on-going process . Agency recipients will be required to participate in desktop monitoring on an annual basis and as determined by the FDEM . The agency recipients will complete and submit the desk top monitoring within 14 business calendar days of receipt . This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the FDEM determines that a recipient is having difficulty completing their project . As difficulties/deficiencies are identified , the respective region or sponsoring agency will be notified by the program office via email . Information will include the grant recipient agency name , year and project description and the nature of the issue in question . Many of the issues that arise may be resolved at the regional or sponsoring agency level . Issues that require further TA will be referred to the FDEM for assistance . Examples of TA include but are not limited to : ,4Equipment selection or available vendors t4w Eligibility of items or services 4, Coordination and partnership with other agencies within or outside the region or discipline Site Visits Site visits will be conducted by the FDEM or their designated personnel . Site visits will be scheduled in advanced with the recipient agency POC designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit . The FDEM will also conduct coordinated financial and grant file monitoring . These monitoring visits will be coordinated with the capability review visits . Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed . All findings related to the capability review will be documented and maintained within the FDEM . Site Visit Protocol The following outlines the monitoring protocol for the FDEM : The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year ( FFY) . Site visits may be combined when geographically convenient . There is a site visit checklist to assist in the completion of all required tasks . Site Visit Preparation A letter wilt be sent to recipient agency Point of Contact ( POC) stating the purpose of the site visit grid Beni at least 3u calendar days before the planned arrival date . FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the grantee 's program . The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit . The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder . Any personnel from the FDEM attending the site visit will review the grantee 's corresponding folder(s) before the visit. Prior to the visit , individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum of five (5) calendar days before the visit. A reminder e- mail should be sent to all team members and the recipient POC one business day in advance of the site visit . Site Visit Once FDEM personnel have arrived at the site , an orientation conference will be conducted . During this time , the purpose of the site visit and the items FDEM intends to examine will be identified . If financial monitoring visit will be conducted , they will then explain their objectives and will proceed to perform the financial review . FDEM personnel will review all files and supporting documentation . Once the supporting documentation has been reviewed , a tour/visual/spot inspection of equipment will be conducted . 31 Each item should be visually inspected whenever possible . Bigger items (computers , response vehicles , etc. ) should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements . The serial number should correspond with the appropriate receipt to confirm purchase . Photographs should be taken of the equipment ( large capitol expenditures in excess of $ 1 , 000. per item ) . If an item is not available (being used during time of the site visit) , the appropriate documentation must be provided to account for that particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed , the FDEM personnel will then conduct an exit conference with the grantee to review the findings . Other programmatic issues can be discussed at this time , such as missing quarterly reports , payment voucher/reimbursement, equipment , questions , etc . Post Site Visit FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team , if applicable . Within 30 calendar days of the site visit , a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified , a monitoring report to that effect will also be generated and sent to the grantee . The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM . The Site Visit Worksheet , report and photographs will then be included in the grantee's file along with any documents distributed at the site visit by the grantee . K. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Chanda Brown Nicole Stanley FDEM FDEM 2555 Shumard Oak Blvd . 2555 Shumard Oak Blvd . Tallahassee , FL 32399-2100 Tallahassee , FL 32399-2100 (850) 414-8538 (850) 410-3457 Chanda , brown@em , myflorida , com Nicole . Stan le em , myf lorida .com L. Contractual Responsibilities The FDEM shall determine eligibility of projects and approve changes in scope of work. The FDEM shall administer the financial processes . 32 Attachment B Program Statutes and Regulations 1 ) 53 Federal Register 8034 2) Section 1352 , Title 31 , US Code 3) Chapter 473 , Florida Statutes 4) Chapter 215 , Florida Statutes 5) E . O . 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR , Part 66 , Common rule , 6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 7) Section 102 (a) of the Flood Disaster Protection Act of 1973 , Public Law 93-234 , 87 Stat , 975 8) Section 106 of the National Historic Preservation Act of 1966 as amended ( 16 USC 470) , Executive Order 11593 9) Archeological and Historical Preservation Act of 1966 ( 16 USC 569a - 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 . 33 Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT . Indicate by checking one of the boxes below, if you are requesting an advance . If an advance payment is requested , budget data on which the request is based must be submitted . Any advance payment under this Agreement is subject to s . 216 . 181 ( 16 ) , Florida Statutes . The amount which may be advanced shall not exceed the expected cash needs of the Recipient within the initial three months of the Agreement . [ ] ADVANCE REQUESTED ( ] NO ADVANCE REQUESTED Advance payment of $ is requested . Balance of No advance payment is requested , payments will be made on a reimbursement basis . These funds Payment will be solely on a are needed to pay staff, award benefits to clients , duplicate forms reimbursement basis . No additional and purchase start- up supplies and equipment . We would not be information is required , able to operate the program without this advance . ADVANCE REQUEST WORKSHEET If you are requesting an advance , complete the following worksheet (A) ( B ) ( C ) ( D ) FFY FFY FFY Total DESCRIPTION 20054006 2006=2007 20074008 F3F INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES ' AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS ( Divide line 2 by line 1 . ) First three months expenditures need only be provided for the years in which you requested an advance . If you do not have this information , call your consultant and he or she will assist you . MAXIMUM ADVANCE ALLOWED CALULATION : X $ _ Cell D3 DEM Award MAXIMUM ( Do not include any match ) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCA/DEM contract history . Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above . 34 Complete Estimated Expenses chart and Explanation of Circumstances below . Attach additional pages if needed . ESTIMATED EXPENSES BUDGET CATEGORY 2008=2009 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS ( Include Secondary Administration . ) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 35 Attachment D Warranties and Representations Financial Management Recipient 's financial management system shall provide for 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 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 conducted 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 objective 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 offer or 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 offer or 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 herein , 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 such standards by officers , employees , or agents of the Recipient . 36 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 . 37 Attachment E Certification Regarding Debarment, Suspension , Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions ( 1 ) The prospective contractor 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 contractor is unable to certify to the above statement , the prospective contractor shall attach an explanation to this form . SUBCONTRACTOR : By : Signature Recipient ' s Name Name and Title Division Contract Number Street Address City, State , Zip Date 38 Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes , regulations , policies , guidelines and requirements , including OMB Circulars No . A-21 , A- 110 , A- 1221 A- 1287 A-87 ; E . O . 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR , Part 66 , Common rule , that govern the application , acceptance and use of Federal funds for this federally- assisted project . Also the Applicant assures and certifies that : 1 . It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P . L . 91 -646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs . 2 . It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants . (5 USC 1501 , et seq . ) 3 . It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act , 4 . It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others , particularly those with whom they have family , business , or other ties . 5 . It will give the sponsoring agency or the Comptroller General , through any authorized representative , access to and the right to examine all records , books , papers , or documents related to the grant . 6 . It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law , program requirements , and other administrative requirements . 7 . It will insure that the facilities under its ownership , lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication 11 VJ11 the Director of the EPA Office of Federal A%tivities Indicating that d 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 39 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 , 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 + hcCori+al Parrjor Reso ', irces 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 . 40