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11-DS-29-11-54-01-091 06/16/2010 Contract Number: 11 DS-29-11-54-01-091 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 Monroe County Emergency Management, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF lAWS. RULES. REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin October 1, 2009 and shall end April 30, 2012, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB Circular No. A-102, Common Rule: Uniform Administrative Requirements for State and local Governments" or OMB Circular No. A-11 0, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-a7, "Cost Principles for State and local Governments," OMS Circular No. A-21, "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement 1 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 disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the 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. 2 (d) If the Recipient is a State or local government or a non-profit organization as defined in OMS Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Division. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to: The Division at 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 Finance and Administration 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at htto :llharvester. census. aov Ifac/collecU ddei ndex. htm I 3 And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Division at the following 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 Finance and Administration 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 Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. 4 (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31 , June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in Attachment D. (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 Agre~ment, 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., and 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. 5 (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be const~ued as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (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 anyone 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; 6 (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar day's 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. 7 (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. " I (J) -..J n )> -0 r- :J: (c) The name and address of the Representative of the Recipient responsible fo~e administration of this Agreement is: ~ (b) The name and address of the Division contract manager for this Agreement is: Carolyn Washington, Community Assistance Consultant Florida Division of Emergency Management Bureau of Finance Grants Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1271 Fax: (850) 488-7842 Email: carolvn.washinaton@em.mvflorida.com ,"q :t: fl'1 --' <:) Co- ? ~.....: c-:. \-71 z?J :.J fT1 -<CJ .I~ --:-:> < .i: fli J>CJ ::J ;'-;j .:: ~ Irene Toner Monroe County Emergency Management 490 63rd Street, Ocean Suite 150 Marathon, Florida 33050 Telephone: 305-289-6065 Fax:305-289-6333 Email: toner-irene@monroecountv-fl.aov -- .a.- -- (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. 8 (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes, Regulations and Special Conditions Attachment C - Justification of Advance '-r'1 :t o j~ .......... <- C) c ".,., r- Z;c ." I (J rrl Cf) -..J .-( Cj C) 3:~ FUNDING/CONSIDERATION ;::. ~ ~;;, (a) This is a cost-reimbursement Agreement. The Recipient shall be reimburSiKi fo~o .. ;l'j costs incurred in the satisfactory performance of work hereunder in an amount not to exceed ~,oom; subject to the availability of funds. ~ (b) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-11 0, A-122 and the Cash Management Improvement Act of 1990. If an 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. _N/A_ 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 the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. Attachment D- Warranties and Representations Attachment E - Certification Regarding Debarment Attachment F - Statement of Assurances (17) 9 (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 Fiscal Management 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 50/0 of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. Additional special conditions are listed on Attachment B. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, anyone 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 sea.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide 10 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(9)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 em ail or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment E) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. 11 (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (0) 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 employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 12 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 should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. 13 (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that it's governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ~lA../ . YNTH IA L. HALL ASSISTA~T COUNTY AhTORNEY Date . . ':.,1-~OlOI _ / Name and title: M or Sylvia J. Murphy Date: May 19, 2010 FID# 59-6000-749 STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT rJ :;J'" " / L / i'?-r,l1,r~ 1A./v---~ fName and Title]}wld +!a/.<fu4 ~/,/{1@f Date: q-,-.( 0 ~ -11 c::> \ c.::::.a ~ l!1 c.:: 0 C'"') ., -..J 0 ::0 ,- :e- ?:J ::iit rr1 .; __~_v n - -"---1 ..;~;,.. c:? C> W ::0 r-- r-:-t CJ1 C) 14 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 - State Homeland Security Grant Program (SHSHP) Catalog of Federal Domestic Assistance title and number: 97.067 Award amount: $15,000 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 the following eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, National Preparedness Directorate Fiscal Year 2009-10 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 as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE: Section .400(d) of OMS 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. 15 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. • The transfer of funds between the categories listed in the"Proposed Program Budget"is permitted. Recipient Agency Category Amount Allocated S 10,000.00 FY 2009-State Homeland Security Monroe County Emergency Issue 7-Catastrophic Support Planning Grant Program—Issue 7 Management S5,000.00 Issue 7-Delivery of ICS 300&400 .............. otal AKard $I' 000 a fri n v <c•)` r err "t•••© 3 16 Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet,to the Division,which accounts for the total award amount as described in the"Proposed Program Budget". If any changes need to be made to the`Budget Detail Worksheet",after the execution of this contract,contact the grant manager listed in this agreement via email or letter. r+, Budget Detail Worksheet Eligible Activities._ 14 Allowable Planning Costs Quantity t:nit Cost Total Cost ssue _.__ illllt it Developing scenario plans that incorporate the range of (1) prevention,protection,response,and recovery activities J rn for a scenario D Developing and implementing homeland security support • programs and adopting DHS national initiatives rn 443 Developing related terrorism prevention activities Z Developing and enhancing plans and protocols Developing or conducting assessments Hiring of full or part-time staff or contractors/consultants 1 to assist with planning activities(not for the purpose of hiring public safety personnel fulfilling traditional public 10,000.00 10,000.00 7 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. Other projects areas with prior approval from FEMA Allowable Trainin Costs Quantity Unit Cost Total Cost Issue - • Number Overtime and backfill for emergency preparedness and response personnel attending FEMA-sponsored and approved training classes. Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA training. Training Workshops and Conferences Full or Part-Time Staff or Contractors/Consultants 1 5,000.00 5,000.00 7 Travel Supplies Tuition for higher education Other items A complete list of FEMA approved courses may be found at www.oip.usdoj.gov/FEMA/docs/Eligible_Federal_Courses.pdf TOTAL 15,000.00 17 B. Scope of Work Funding is provided to pelfonn eligible activities as identified in the Fiscal Year 2009 HOlneland SecUlity Grant Prograln, consistent with the Depal11nent of HOlneland Seculity State Strategy. The intent of tIlis agreelnent is to cOlnplete the following approved projects: I. Issues and Project Description Issue 7 - Local Planning and Training - The project provides suppOl1 to Flotida's 67 counties through all hazard and all-discipline funding for a variety of plans, traimng and exercises. Each county was allowed to choose a gap that existed in their county frOln a list of specific plans, NIMS cOlnpliant training or exercises. These exercises were also chosen frOln a list of tabletop, functional or executive level. Cost estilnates based on size of the county were gathered frOln the lnost recent available infonnation. II. Categories and Eligible Activities Eligible activities are outlined in the Scope of Work for each category below. FY2009 SHSGP allowable costs are divided into the following categories: planning, training and exercise costs. Each categolY' s allowable costs have been listed in the "Budget Detail Worksheet" above. Eligible activities should suppol1 the above approved projects. A. Planning 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: hnplelnenting the National Preparedness Guidelines · Enhancing and ilnplelnenting Statewide Corrunumcation Interoperability Plans (SCIP) and Tactical Interoperable COllununications Plans (TICP) Aligning SCIPs and TICPs to the goals and objectives of the National Emergency COlrununications Plan (NECP) Costs associated with the adoption, implelnentation and adherence to NIMS cOlnpliance requirelnents, including ilnplementing the NIMS National Credentialing Fralnework. Modifying existing incident managelnent and EOPs to ensure proper aliglunent with the NRF coordinating shuctures, processes, and protocols · Establishing or enhancing lnutual aid agreelnents Developing COlnlTIUnications and interoperability protocols and solutions Conducting local, regional, and Tribal prograln iInpleInentation Ineetings 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 systeIns · Conducting public education and outreach calnpaigns, including promoting individual, falnily and business eInergency preparedness; aleI1s and warnings education; and evacuation plans as well as lED or bombing prevention awareness Preparing materials for the State Preparedness Rep0l1 (SPR) Developing related terrorism prevention activities including: Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center · HiIing an IT specialist to plan, develop, and implement the IT applications necessaIY for a fusion center Developing and planning for infOlmationlintelligence shating groups Hiling contractors and consultants to Inake recoIrunendations on the developlnent of a fusion center · Integrating and coordinating public health care and health secUlity data gatheting (threats to hUInan and amInal health) within State and local fusion centers to achieve early waIning and Initigation of health events Integrating and coordinating Plivate sector pa11icipation with fusion center activities · Acquiring systelns allowing connectivity to State, local, and Federal data networks, such as the National CtiIne Infonnation Center (NCIC) and Integrated AutOlnated Fingerprint Identification SysteIn (IAFIS), as appropIiate Plaruling to enhance secuIity dUling heightened aleIts, during tenOlist incidents, and/or dUling Initigation and recovery Multi-discipline preparation across first responder comlnunity, including EMS for response to catastrophic events and acts of tenorism Public infonnationleducation: pIinted and electronic lnatelials, public service announceInents, seIninars/town halllneetings, web postings coordinated tluough local Citizen Corps Councils Citizen Corps volunteer progratns and other activities to strengthen citizen pat1icipation Conducting public education caInpaigns, including promoting individual, fatnily and business eInergency preparedness; prOlnoting the Read.v caInpaign~ and/or creating State, regional or local emergency preparedness eff0l1s that build upon the Ready caInpaign Evaluating CIP secuIity equipment and/or personnel requireInents to protect and secure sites 18 CIP cost assesslnents, including resources (e.g., financial, personnel) required for secUlity enhancelnents/deploYlnents Multi-Julisdiction BOlnbing Prevention Plans (MJBPP) Undelwater TelTOlist Protection Plans Developing and enhancing plans and protocols, including but not limited to: Developing or enhancing EOPs and operating procedures · Developing or enhancing local, regional, or Statewide strategic or tactical interoperable elnergency cOlrununications plans · hnplelnenting Statewide COlrununication lnteroperability Plans (SCIP) and Tactical Interoperable COlrununications Plans (TICP) · Aligning SCIPs and TICPs to the goals and objectives of the NECP · Developing protocols or standard operating procedures for specialized teams to incorporate the use of equiplnent acquired through tIns grant prograln · Developing telTolisln prevention/detelTence plans Developing plans, procedures, and requirelnents for the lnanagelnent of infrasttucture and resources related to HSGP and ilnplelnentation of State or Urban Area HOlneland Seculity Strategies · Developing or enhancing border seculity plans · Developing or enhancing cyber secutity plans · Developing or enhancing secondary health screening protocols at lnajor points of entI)' (air, rail, pOlt) · Developing or enhancing cyber lisk lnitigation plans · Developing or enhancing agriculture/food seculity lisk lnitigation, response, and recovery plans · Developing public/plivate sector paltnership elnergency response, assesslnent, and resource shating plans · Developing or enhancing plans to engage and intelface with, and to increase the capacity of, private sector/non-govelrunental entities working to meet the hUlnan service response and recovel)' needs of victilns · Developing or updating local or regional comlnunications plans · Developing plans to SUPPOlt and assist jUlisdictions, such as pOlt authOlities and rail and lnass transit agencies · Developing or enhancing continuity of operations and continuity of govelTIlnent plans · Developing or enhancing existing catastrophic incident response and recovel)' plans to include and integrate Federal assets provided under the NRF · Developing or enhancing evacuation plans · Developing or enhancing citizen surge capacity · Developing or enhancing plans for donations and volunteer Inanagelnent and the engagelnent/integration of Plivate sector/non-govermnental entities in preparedness, response, and recovel)' activities · Developing or enhancing BOlnbing Prevention Plans · Developing school preparedness plans · Ensuting jUlisdiction EOPs adequately address warnings, elnergency public infOlmation, evacuation, shelteling, lnass care, resource Inanagelnent frOln non-govell1mental sources, unaffiliated volunteer and donations Inanagelnent, and volunteer resource integration to SUPPOlt each Emergency Support Function, to include approptiate considerations for special needs populations · Developing and ilnplelnenting civil lights, civillibelties and Plivacy policies, procedures, and protocols · Designing and developing State and local geospatial data systelns Developing or conducting assessments, including but not limited to: Conducting point vulnerability asseSSlnents at clitical infrastlucture sites/key assets and develop remediationlsecutity plans Conducting or updating interoperable emergency cOlrununications capabilities asseSSlnents at the local, regional, or Statewide level Developing border seculity operations plans in coordination with CBP · Developing, ilnplelnenting, and reviewing Area Malitilne Secutity Plans for pOltS, watelways, and coastal areas Updating and refining threat lnatlices · Conducting cyber lisk and vulnerability asseSSlnents · Conducting asseSSlnents and exercising existing catastrophic incident response and recovel)' plans and capabilities to identify critical gaps that cannot be lnet by existing local and State resources · Conducting BOlnbing Prevention Capability Analysis Activities that directly suppOl1 the identification of specific catastrophic incident PliOlity response and recovery projected needs across disciplines (e.g. law enforcement, fire, EMS, public health, behavioral health, public works, agliculture, infonnation technology, and citizen preparedness) Activities that directly SUPPOlt the identification of pre-designated telnpol1u)' housing sites Conducting cOlrununity asseSSlnents, surveys, and research of vulnerabilities and resource needs, and detennine citizen education and palticipation to Ineet the needs Conducting Citizen Corps prograln asseSSlnents and evaluations, citizen preparedness surveys, volunteer ilnpact studies, and costlbenefit analysis Soft target security planning (public gathetings) Palticipating in the FEMA Gap Analysis Prograln 19 Hiring of full or part-time staff or contractors/consultants to assist 'with planning activities Grantees calUlot use funding to hire public safety persOlulel 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 PaYlnent of ovel1iIne expenses will be for work pelfonned by award (SAA) or sub-award elnployees in excess of the established work week (usually 40 hours) related to the planning activities for the developlnent and ilnplelnentation of the progranls under HSGP. (lAW operational Cost Guidance) Other project areas with prior approval from FEMA B. Training Allowable training-related costs include, but are not lilnited to, the following: Funds used to develop, deliver, and evaluate training, including costs related to adlninistering the training, planning, scheduling, facilities, lnatelials and supplies, reproduction of materials, and equiplnent. Overtime and Backfill costs, as defined in this guidance, associated with attending or teaching FEMA-sponsored and/or approved training courses and progl1uns 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 unites) of local govermnent and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual cOlnpensation allowable. That is, an employee of a unit of govermnent lnay not receive compensation frOln both their unit or agency of govermnent AND from an award for a single period of tilne (e.g., I :00 pIn to 5 :00 pIn), even though such work lnay benefit both activities. FUl1her, overtime costs associated with elnployees who pat1icipate in training in a teaching role for which they are compensated are not allowed. · Travel costs (e.g., ailfare, lnileage, per dieln, hotel) are allowable as expenses by elnployees 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. PaYlnent of salaties and fringe benefits must be in accordance with the policies of the State or unite s) of local goverrunent and have the approval of the State or awarding agency, whichever is applicable. Such costs lnust be included within the funding allowed for program lnanagelnent personnel expenses, which must not exceed 15 percent of the total allocation as specified in section E.6. In no case is dual cOlnpensation allowable (see above). · Certification/Recertification of Instructors is an allowable cost. States are encouraged to follow the FEMA Instructor Quality Assurance Prograln to ensure a lninilnuln level of cOlnpetency and cOlTesponding levels of evaluation of student learning. This is patticularly iInportant for those courses that involve training of trainers. This infonnation is contained in an Infollnation Bulletin #193, issued October 20, 2005. Training Activities States, telTItOlies, and Urban Areas are strongly encouraged to use HSGP funds to develop a State/tenitolY hOlneland secuIity training prograln. Allowable training related costs under HSGP include the establishment, sUPP0l1, conduct, and attendance of training specifically identified under the SHSP, UASt, MMRS, and CCP grant programs. Allowable training topics include, but are not liInited to, CBRNE tenorism, cyber/agriculture/food security, intelligence gatheling and analysis, NIMS related training, citizen and cOlnmunity preparedness, and training for volunteers. Training conducted using HSGP funds should address a peIformance gap identified through an After Action ReportllInprovelnent Plan (AAR/IP) or contribute to building a capability that will be evaluated through an exercise. Exercises should be used to provide the opportunity to demonstrate and validate skills leanled in training, as well as to identify training gaps. Any training or training gaps should be identified in the AAR/IP and addressed in the State or Urban Area training cycle. All training and exercises conducted with HSGP funds should SUPPOlt the developInent and testing of the jUlisdiction' s Elnergency Operations Plan (EOP) or specific annexes, where applicable. 20 III. Program Requirements C. National Incident Management System (NIMS) Compliance HSPD-5, '"'"Management of Domestic Incidents," lnandated the creation ofNIMS and the National Response Plan (NRP). NIMS provides a consistent fralnework for entities at all jUlisdictionallevels to work together to lnanage dOlnestic incidents, regardless of cause, size, or cOlnplexity. To prolnote interoperability and cOlnpatibility alnong Federal, State, local, and ttibal capabilities, NIMS includes a core set of guidelines, standards, and protocols for cOlrunand and lnanagelnent, preparedness, resource lnanagement, cOlrununications and infonnation lnanagelnent, suppolting teclulologies, and lnanagelnent and lnaintenance ofNIMS. The NRP, using the template established by NIMS, is an all- discipline, all-hazards plan that provides the sttucture and lnechanislns to coordinate operations for evolving or potential Incidents of National Significance, which are lnajor events that "require a coordinated and effective response by an appropliate cOlnbination of Federal, State, local, tribal, Plivate sector, and nongovenunental entities." The NIMS Integration Center (NIC) recolrunends 38 NIMS Compliance Objectives for nongovelrunental organizations that SUPPOlt NIMS ilnplelnentation. These activities closely parallel the ilnplelnentation activities that have been required of State, territolial, tribal, and local govenunents since 2004 and can be found at www.felna.gov/pdf/elnerJ?:encv/nims/ngofs.pdf.Tointegrate nonprofit organizations into the broader national preparedness effol1, DHS encourages grantees to consider pursuing these reconunended activities. Additionally, nongovernmental organizations grantees and sub-grantees will be required to meet certain NIMS cOlnpliance requirelnents. This includes all emergency preparedness, response, and/or seculity personnel in the organization pat1icipating in the developlnent, ilnplelnentation, and/or operation of resources and/or activities awarded through this grant lnust complete training progralns consistent with the NIMS National Standard Curricululn Developlnent Guide. MiniInuln training includes IS-700 NIMS: An Introduction. In addition, IS-800.a NRP: An Introduction, Incident COInlnand Systeln (ICS-l 00), Incident COlnmand System (ICS-200), Intennediate Incident COlrunand Systeln (G-300), and Advanced Incident COlrunand System (G-400) are also recolrunended. For additional guidance on NIMS training, please refer to http://www.felna.gov/elner~encv/nilns/nims training.shtln. Additional infonnation about NIMS implelnentation and resources for achieving cOlnpliance are available through the NIMS Integration Center (NIC), at http://www.felna.gov/elnergency/nilnsl. D. ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal environlnental planning and historic preservation (EHP) laws and requirelnents Plior to initiation of the project · New Construction, Installation and Renovation, including but not limited to: o Emergency Operation Centers o Security Guard facilities o Equipment buildings (such as those accompanying cOlTIlnunication towers) o Waterside Structures (such as dock houses, piers, etc.) · Placing a repeater and/or other equipment on an existing tower · Renovation of and modification to buildings and structures that are 50 years old or older · Any other construction or renovation efforts that change or expand the footprint of a facility or stlucture including security enhancements to ilnprove perimeter security · Physical Security Enhancements, including but not limited to: o Lighting o Fencing o Closed-circuit television (CCTV) systelns o Motion detection systelns o Barriers, doors, gates and related security enhancelnents Field based training and exercises including activities that involve ground disturbance, use of explosives, toxic agents or otheIWise have the potential to cause impact to the envirorunent or historical resources. This is only a requirelnent if the exercise or field training is not being conducted by a certified professional or at an existing facility with established procedures. In addition, the erection of cOlnmunications towers that are included in a jurisdiction's interoperable conununications plan is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects lnust be submitted to FEMA for EHP review. EHP DETERMINATION PROCESS I. Submit the Final Screening Memo to the SAA for review prior to funds being expended. II. The SM will review and notify the recipient of its decision. The grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. 21 APPROV AL PROCESS TO FEMA I. Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements, page 2. II. The Final Screening Memo should be attached to all project information sent to the Grant Programs Directorate (GPD) for an EHP regulatory compliance review. III. COlnplete the attached National EnvirOlunental Policy Act (NEP A) COlnpliance checklist IV. PI:epare lnaps indicating the location( s) of proposed proj ect (Guidance provided) V. Take photographs of the location(s) of proposed project (Guidance provided) VI. Forward all documents to the SAA. All doculnents are then forwarded to GPD electronically via the Centralized Scheduling and Infonnation Desk (CSID) at askcsid@dhs.gov. VII. CSID will send an elnail confinning receipt of the project descliption. VIII. FEMA Program Analyst sends notification to SAA when review is cOlnplete. SAA notifies recipient of FEMA's final decision. IX. THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED. Grantee should incolporate sufficient time and resources into the project planning process to accolrunodate EHP requirelnents. Grantees lnust receive written approval from FEMA Plior to the use of grant funds for project ilnplelnentation. III. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 days after the end of the reporting peliods (March 30, June 30, September 30 and December 30) for the life of this contract. If a rep011(s) is delinquent, future financial reitnburselnents will be withheld until the Recipient's reporting is current. Pro Re ortin Period Re ort due to DEM no later than Janua A ril 30 Jul 31 October 3 I October I tlrrou h Decelnber 3 I J anuaty 3 I 2. ProgrammatiC Reporting-BSIR After the end of each reporting peliod, for the life of the contract, the recipient will cOlnplete their Biarulual Strategic Implelnentation Report in the Grants Reporting Tool (GRT) https://www.reooI1ing.odp.dhs.gov. The reporting periods are January I-June 30 and July I-December 31. Data entry is scheduled for December I and June I respectively. Future awards and reimburselnent lnay be withheld if these repol1s are delinquent. 3. Reimbursement Requests: A request for reilnburselnent lnay be sent to your contract lnanager for review and approval at anytilne dUling the contract period. The Recipient should include the category's corresponding line iteln nUlnber in the '"Detail of Claims" form. This number can be found in the "Proposed Prograln Budget". A line iteln nUlnber is to be included for evelY dollar amount listed in the "Detail of Claitns" fonn. 4. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Elnergency Managelnent no later than 60 days after the agreement is either cOlnpleted or the agreelnent has expired. 22 5. Monitoring: Florida Division of Emergency Management US Department of Homeland Security Grants Program Grant Monitoring Process Flolida has enhanced the state and local capability and capacity to prevent, prepare and respond to telTolist tin-eats since 1999 tIu'ough valious funding sources including federal grant funds. As the steward of the State HOlTIeland Secutity Grant Prograln funds, projects and equiplTIent the Flolida Division of Elnergency ManagelTIent (FDEM) has a responsibility to track and nlonitor the status of the grant acti vity and itelTIs purchased. The lTIonitOling process detailed in this docUlTIent is designed to assess a recipient agency's cOlTIpliance with applicable state and federal guidelines. The FDEM is responsible for InonitOling the financial, progralrunatic and capability pOl1ion of the grant to include equiplnent procurelnent and cOlnpliance with applicable SHSGP grant guidance and statutory regulations. Monitoting is accOlnplished utilizing vaIious lnethods including desk InonitOling and on-site visits. There are two plilnary areas reviewed during InonitOling activities - financial and progrmrunatic/capability. Financiallnonitoring is the review of records associated with the purchase and disposition of propelty, projects and contracts. Capability review is the observation of equiplnent purchased, protocols and other associated records. Valious levels of financial and progrmrunatic review lnay be accOlTIplished dUling this process. Desk monitoring is defined as the review of projects, financial activity and technical assistance between the progratn office and the applicant via e-Inail and telephone. Site visits are defined as actual visits to the recipient agency's location by a tealn or melnbers of the FDEM or their designee, to actually observe records, procedures and equipment. Freauencv of annual monitorin2 activity: Each year the FDEM will identify up to 50% of sub-grantees for site visit lnonitoling. It is ilnpOltant to note that although a given grant has been closed successfully, it is still subject to either desk or on-site ITIOnitOling for a five year peIiod following closure. Examoles of areas that may be examined include: Management and administrative procedures Grant folder maintenance Equiplnent accountability and sub-hand receipt procedures Program for obsolescence Status of equipment purchases Status of training for purchased equipment Status and number of response trainings conducted to include nUlnber trained Status and number of exercises Status of planning activity Anticipated projected cOlnpletion Specific difficulties completing the project. Agency NIMS/ICS cOlnpliance documentation In certain circumstances, the FDEM may request additionallnonitoIinglinfonnation if the activity, or lack thereof, on the part of the specific recipient has generated questions froln the region, the sponsoIing state agency or the FDEM leadership. The Inethod of gathering this infolmation will be determined on a case-by-case basis. Desk Inonitoring is an on-going process. Agency recipients will be required to participate in desk top lTIonitoling on an annual basis and as determined by the FDEM. The agency recipients will cOInplete and subInit the desk top InonitoIing within 14 business calendar days of receipt. This contact will provide an opportunity to identify the need for teclmical assistance (T A) and/or a site visit if the FDEM detennines that a recipient is having difficulty cOlnpleting their project. As difficulties/deficiencies are identified, the respective region or sponsOling agency will be notified by the prognun office via elnail. Information will include the grant recipient agency nalne, year and project descIiption and the nature of the issue in question. Many of the issues that atise lTIay be resolved at the regional or sponsoling agency level. Issues that require fulther T A will be referred to the FDEM for assistance. Exmnples of T A include but are not lilnited to: .. EquipInent selection or available vendors ~ Eligibility of iteIns or services *' Coordination and partnership with other agencies within or outside the region or discipline Site Visits Site visits will be conducted by the FDEM or designated personnel. Site visits will be scheduled in advance with the recipient agency POC designated in the grant agreelnent. MonitOling questionnaires will be provided in advance of the visit. 23 The FDEM will also conduct coordinated financial and grant file lnonitoling. These lnonitoling visits will be coordinated with the capability review visits. Subject lnatter expel1s froln other agencies within the region or state Inay be called upon to assist in the fonn of a peer review as needed. All findings related to the capability review will be documented and Inaintained within the FDEM. Site Visit Protocol The following outlines the monitOling protocol for the FDEM: The site visits will begin with those grantees that are cunently spending or have cOlnpleted spending for that federal fiscal year (FFY). Site visits lnay be cOlnbined when geographically convenient. There is a site visit checklist to assist in the cOlnpletion of all required tasks. Site Visit PreDaration A letter will be sent to the recipient agency Point of Contact (PaC) stating the purpose of the site visit at least 30 calendar days before the planned anival date. FDEM personnel will call within the next 10 calendar days to schedule an appointInent to review the grantee's progl1un. The physical location of any equiplnent located at an altenlate site should be confinned with a representative frOln that location and the address should be doculnented in the grantee folder before the site visit. The appointInent should be confinned with the grantee in wliting (elnail is acceptable) and doculnented in the grantee folder. Any persollilel from the FDEM attending the site visit will review the grantee's cOITesponding folder(s) before the visit. Plior to the visit, individual roles will be identified for the site visit. Copies of applicable docUlnents will be Inade and disttibuted to the site visit teatn at a lninilnuln of five (5) calendar days before the visit. A relninder e-Inail should be sent to all tealn Inelnbers and the recipient poe one business day in advance of the site visit. Site Visit Once FDEM persOlmel have atTived at the site, an Olientation conference will be conducted. DUling this tilne, the purpose of the site visit and the itelns FDEM intends to exalnine will be identified. If financiallnonitOling visit will be conducted, they will then explain their objectives and will proceed to pelfonn the financial review. FDEM persollilel will review all files and SUPP0l1ing docUlnentation. Once the sUPPol1ing docUlnentation has been reviewed, a tour/visuaVspot inspection of equiplnent will be conducted. Each iteln should be visually inspected whenever possible. Bigger itelns (computers, response vehicles, etc.) should have an asset decal (infonnation/selial nUlnber) placed in a prOlninent location on each piece of equiplnent as per recipient agency requirements. The selial nUlnber should conespond with the appropliate receipt to confinn purchase. Photographs should be taken of the equiplnent (large capital expenditures in excess of $1 ,000. per iteln). If an iteln is not available (being used dUling tilne of the site visit), the appropliate docUlnentation lnust be provided to account for that patticular piece of equipment. Once the tour/visuaVspot inspection of equiplnent has been cOlnpleted, the FDEM personnel will then conduct an exit conference with the grantee to review the findings. Other progralnlnatic issues can be discussed at this tilne, such as missing qua11erly reports, paYlnent voucher/reilnburselnent, equiplnent, questions, etc. Post Site Visit FDEM personnel will review the site visit worksheet as a tealn and receive notes frOln the Financial Review Tealn, if applicable. Within 30 calendar days of the site visit, a lnonitoling repol1 will be generated and sent to the grantee explaining any issues and cOITective actions required or recOlrunendations. Should no issues or findings be identified, a lnonitoting repolt to that effect will be generated and sent to the grantee. The grantee will SUblnit a Corrective Action Plan within a tilnefralne as detennined by the FDEM. The Site Visit Worksheet, repOlt and photographs will then be included in the grantee's file along with any docUlnents disttibuted at the site visit by the grantee. 24 E. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Carolyn Washington Tara Walters FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 410-1271 (850) 410-1391 carolvn. washington(a)em. mvtlorida.com tara. walters(a)enl. nlvtlorida.com F. Contractual Responsibilities · The FDEM shall determine eligibility of projects and approve changes in scope of work. · The FDEM shall administer the financial processes. 25 Attachment B Program Statutes, Regulations and Special Conditions 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 Soecial Conditions 1. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to Department of Homeland Security grants are listed below: A. Administrative Requirements y 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments y 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMS Circular A-11 0) S. Cost Principles ~ 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMS Circular A-87) ~ 2 CFR Part 220, Cost Principles for Educational Institutions (OMS Circular A-21) ",. 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMS Circular A-122) y Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations 26 C. Audit Requirements ~ OMS Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations 2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 3. The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Homeland Security Grant Program guidance and application kit. 4. The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 5. Each State/UASI jurisdiction will contribute in full any cost share amount as submitted in the Investment Justification. 27 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 Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. [X] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) FFY FFY FFY Total DESCRIPTION 1 INITIAL CONTRACT AllOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES 1 3 AVERAGE PERCENT EXPENDED IN FIRST THREE lVlONTHS (Divide {fie 2-b.y line 1.) 1 Flrs!jhree-rnonths expenditures need only be prOVided for the years In which you requested an advance. If you d(1:'notllave this information, call your consultant and he or she will assist you. a -:"i S1iAxlrlOM ~VANCE ALLOWED CALULATION: ~J ~-~ U u ';.' ,........ U) X $ w:. I - C:: ::Cell J)6 u... u..J =:> (.:.; -., ::c 0 ~.1d .- .....- REQU~T FOR WAIVER OF CALCULATED MAXIMUM = OEM Award (Do not include any match) MAXIMUM ADVANCE ] Recipient has no previous DCAlDEM 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. 28 Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 2009-2010 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES EXDlanation of Circumstances: 29 Attachment D Warranties and Representations Financial Manaaement Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMS cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 30 Codes of conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from _8:0<;> am until 5:00 pm Licensinq and Permittinq 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. --4 C) c- ." ;= - r en --.J c-) l> --0 r- :x - ... ;'T1 :1: rt"J ........' ,>n :z:~ ~Jn1 .<~ '3:~ :-;:> <: .~ j"Ti !>o s) :~ -.... ~ -- --- --f 31 Attachment E Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title DCA Contract Number Street Address City, State, Zip Date 32 Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMS Circulars No. A-21, A-110, A-122, A-128, 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 Jimit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 1 02(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 33 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, M71 00.1; 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 Reviewof Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.l. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 34