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Item C09 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 15,2003 Division: County Administrator Bulk Item: Yes ~ No Department: Fire Rescue AGENDA ITEM WORDING: Resolution authorizing the Mayor to execute an EMS County Grant Application and related Request for Grant Distribution to the State of Florida Department of Health, Bureau of Emergency Medical Services. ITEM BACKGROUND: The Department of Health, Bureau of Emergency Medical Services (EMS) is authorized by Chapter 40 I, Part II, Florida Statues to distribute county grant funds. County grant funds are derived from surcharges on the fines for various traffic violations. A portion of these funds are made available to eligible county governments to improve and expand their prehospital emergency medical services (EMS) systems. Local matching funds are not required. On-going costs for EMS and replacement of equipment cannot be funded under this grant program. They remain the responsibility of the counties and EMS agencies and organizations. Furthermore, county grant funds cannot be used to supplant the existing county budget allocations. The projected amount of Monroe County's award for FY 2003 is $66,692.77. The application being submitted is requesting for the funds to be used toward the purchase of a pen-based EMS field data collection and reporting system and to pay for paramedic training. PREVIOUS REVELANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: This is not a contract. ST AFF RECOMMENDATIONS: Approval. TOTAL COST: 0.00 BUDGETED: Yes No COST TO COUNTY: 0.00 SOURCE OF FUNDS: Grant REVENUE PRODUCING: Yes No N/A FIRE CHIEF APPROVAL: gement N/ A APPROVED BY: County Arty YES DIVISION DIRECTOR APPROVAL: ~ark Martin c.J. ~~ "- James L. Roberts DOCUMENTATION: Included x To Follow Not Required_ DISPOSITION: AGENDA ITEM # ~r / Revised I/03 OEC~23-02 IS,17 FROM,MONROE COUNTY ATTY OFFICE 103052923516 PAGE 1/1 Clark Martin Fire Rescue RESOLUTION NO. - 2003 A RESOLUTION OF TIIE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE CHAIR- MA.\l TO EXECUTE AN EMS COUNTY GRANT APPLICA nON AND RELATED REQUEST FOR GRANT DISTRIBUTION TO THE STATE OF FLORlDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORlDA, as follows: 1. 1be Chainnan is hereby authorized to execute an EMS County Grant Application and related Request for Grant Distribution to the State of Florida Department of Health, Bureau of Emergency Medical Services, copies of same being attached hereto. 2. The monies from the EMS COWlty Grant will improve and expand the County's pee-hospital EMS system. 3. The grant monies will not be used to supplant existing County EMS budget allocations, PASSED AND ADOPTED by the Board of County Commissioners ofMomoe COWlty, Florida. at a regular meeting of said Board held on the _ day of 2003. Mayor Spehar Mayor Pro Tern Nelson Commissioner Neugent Commissioner McCoy Commissioner Rice BOARD OF COUNTY COMMISSIONERS Of MONROE COUNTY, FLORIDA By (Seal) Attest; Mayor ~T<.. A I 8 . Il Ell " o,a.TE L? - '3 -tfZ, Deputy Clerk OEC-27-02 11,49 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 1/2 Emergency Medical Services (EMS) County Grant Application State of Florida Department of Health Bureau of Emergency Medic~~ Services " Grant No. C. 1. Board of County Commissioners (grantee) Identification: Name of County: Monroe County~ Florida Business Address: 490 63rd Street Marathon, FL 33050 Phone # (305) 289 - 6088 SunCom # ( 2. Certification: I, the undersigned official of the previously named county, certify that to the best of my knowl~dge and belief all information and data contained in this EMS County Award Application and its attachments are true and correct. My signature acknowledges and ensures that I have read, understood, and will comply fully with the Florida EMS County Grant Manual. Printed Name: Trtle: Signature: Date Signed: (Authorized County Official) 3. Authorized Contact Person: Person designated authority and responsibility to provide the department with reports and documentation on all activities, services, and expenditures which involve this grant. Name: Clark O. Martin. Jr. Title: Fire Chief Business Address: 490 63rd Street Marathon (City) Phone # ( 305) 289 6088 FL (State) SunCom # ( 33050 (Zip) 4. County's Federal Tax Identification Number: VF __.. __.59-6000-749 1 DH Form 1684, Jan, 98 -< 5. Resolution: Attach a resolution from the Board of County Commissioners certifying the monies from the EMS County Grant will improve and expand the county's prehospital EMS system and that the grant monies will not be used to supplant existing county EMS budget allocations. 6. Work Plan: , '. l ~ Work Activities: Time Frames: Purchase pen-based Errs field data collection and reporting system EMT-B and E}lT-P Training 2 OEC-27-02 13,56 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516 o Z c: ~ C> . ~ I~ e ~ ,20 ~~ ~~ Cb ll. Q..~ O::~ d1~ 6') 0<: fu~ ~C 0::( f2~ lU! 1:1_ C/)I'-- Cb Cb ?~ .~ O'l ~1:1 Q) :=3 O::al Et7 ~ 0 <"')1C 00 0 00 . . . .,., 0 If) -- ...... 0 ...... -SU) 00 0 00 ~ ~ .. tE8 ...... .--l N u') N ...... ...... 1A,' ~ ~ :.;:; \0 ~ t::: ca ~ 0 ~ X 0 ~ 0 ~ Cb . ,.".0 0 -; '- 't: 0 ~ ~ :SCl. LI"I ~ "0 "" ~ ~ e Cb ~ - Cb CO OJ) 00 (tl .S .u H t:: - e l\l .~ 'M ~ ...... ~.j",I ~ ctJ ~ '" 'ri ~ - ~ 0 CO CD .-I Q. 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'1J QJ QJ .5 ;:l l-l..c Ql ::s (I) ..-1 QJ .u '" .l!! q; ~ (J .j",I CO ~ C c c:.: 1: c:: ~ H.,.j .r-l CIl 0 ::s iC $- 0 a (.) ... ... - CD 0 0 ;: e ~ ~ .a 1: ftI III CIl C: c:: u $ ~ ;- CI) (I) .2 .2 e e '" .t Q .t ~ - ::: .... .E ~ co e '" - ~ ~ en ~'l) oil t:: ... 't:iii ~.a ~ en t: ~ o e _I:: '" i-~ 't:ll & 0- ae- CIl Q,S a:s g.Uli Q" ~l ~'i It: ... 'ii -ii(!) <:: E e 8 e ftI ~ ,S2 ~.rJ .so~ - itUl u.:~ ~ co "fi <12 -;;>- -... ~ ;::: 0::( ~ OEC~27-02 11,48 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516 PAGE 2/2 8. APPLlCA nON (Requires Signature) REQUEST FOR COUNTY GRANT DISTRIBUTION (ADVANCE PAYMENT) EMERGENCY MEDICAL SERVICES (EMS) COUNTY GRANT PROGRAM In accordance with the provisions of section 401.113(2)(a), F..S., the undersigned hereby requests an EMS county grant distribution (advance payment) for the improvement and expansion of prehospital EMS. Payment To: Board of County Commissioners. Monroe County, Florida Name of Board of County Commissioners (Payee) 490 63rd Street: Address Marathon, FL 33050 (City) (State) (Zip) Federal Tax 10 Number or County:..,L -2. -i....Q......Q.. JL ..L .L ..2.... _ _ _ _ _ Authorizing County Official SIGNA TURE: Printed Name: Tit/e: Date: SIGN AND RETURN WITH YOUR GRANT APPLICA TION TO Department of Health Bureau of Emergency Medical Services EMS County Grants 4052 Bald Cypress Way, Bin C-18 Tallahassee, Florida 32399--1738 For Use Only by Department of Health Bureau of Emergency Medical Services Amount: $ Grant Number: Approved By: Signature, State EMS Grant Officer Fiscal Year: Amount: $ Orqanization Code 64-25-60-00-000 . E.O. - NU O. C.A. N2000 . Federal Tax I.D. VF _ _ _ _ _ _ _ Beginning Date: 4 Date: Obiect Code 730060 Ending Date: Append'ix 0 EMS County Grant General Conditions and Requirements 12 EMS County Grant General Conditions 1. The qrantee herebv aqrees to: a. improve the existing quality o~ prehospital EMS activities, services. or to decrease patient mortality and morbidity: 2nd b. to expand the extent, size or number of existing prehospital EMS activities or services The activities and services to be proviced 2re described in the EMS county grant apciic3'ncn and its department approved revisions en fiie in the state of Florida, Department of Heaith. SureaL; of EMS, Tallahassee, Florida. 2. Statute and Rule: Prehospita eJ\IS activities will be rendered by the gramee in a manner consistent with Chapter 401, F!or:ca Statutes, Chapter 64E-2.030. F[orica Administrative Code, and the work plan in the grantee's EMS county grant application and its department approved revisions on file with :he department. Further, the grantee agrees to implement provisions of this grant in accerdance with federal, state, and local laws. anc rules. regulations, and policies. 3. Confidentiality: The grantee shall not use or disclose any c1ient'patient information under this grant for any purpose not in conformity with state regulations and federal regulations (45 CFi=;" Part 205.50) except upon written consent of the c1ienUpatient or his/her responsible parent or guardian as authorized by law. 4, Incident Reoortinq: a. Client Risk Prevention. If serlices to clients will be provided under this grant the grantee and any subcontractors shall, in accordance with the client risk prevention system. report those situations listed in Department of Children and Familities 215-6, Paragraph 5. in the manner prescribed in that regulation, b. Abuse, Neglect and Exploitation Reporting. In compliance with Chapter415. F,S.. an employee of the grantee who knows, or has reasonable cause to suspect, that a child, aged person or disabled adult is or has been abused, neglected, or exploited, shall immediately repor: such knowledge or suspicion to the central abuse registry and tracking system of the department on the single statewide toll-free telephone number ( 1-800-96ABUSE), 5. Availability of Funds: EMS county'grar.ts are subject to the availability of funds. I tie def:artment's performance and obligaticn to pay under this grant is contingent upon a sufficient annual ap~ropr:ation by the Florida Legislature and adequate cash in the EMS Trust Fund. 6. Decals: The department may provide the grantee DOH logos and decals. If so, the grantee shall affix these. in a prominent location, to all equipment purchased in whole or part with grant funds. '7. Co ~ 0 uter H a rdw a re/Softw a re: I ne grar.!ee agrees that ail computer hardware ar.d software s,~aIJ be approved in writing by the state Bureau of =",15 Costs of computer equipment and activities which co net :la'/e this precurchase apcro'lai are (',Ot :=ilcw2cle. 8 _ CC~irilJnications: The grantee agrees that all communications activities, services, and equipment shail be approved in writing by the Florida Decar:ment of Management Ser/ices, Information Technology Program (ITP) as required by chapter 401.024. F,S. The written apcroval must be datee after the beginning date of the gram and :::ricr to any commitment to pL;rchase the requestec equipment and/or se!V'ices. This aporoval is required in addition to any pre'lious ITP recommencation, review, conceptual or other approval cated prior to the beginning date of the grant. Costs incurrec prior to the grant startir.g date cannot be paid under the grant. For further information contact: Director Information Technology Program Depar:ment of Ivlanagement Services 4050 Esplanade \f'./ay, Building 4030 Tallahassee, Florida 32399-0950 (850)922-7415 or (SC)292-7415 9. Tra'/e/lcer diem: Travel and per diem expenses shall be in compliance with secton 112.061, F.S. The grantee shall be sole!y responsible for all costs: a. which the grantee pays prior to the beginning cate of the project; b. which the grantee does not encumber befere the grant ending date, and c, which the grantee encumbered berore the grant ending date but pays 41 or more days after the ending date of the grant. 10. Purchasinq: A Vendor Ombudsman has been established within the department of Banking ., .-, and Finance. The duties of this individual induce acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the state agency. The Vendcr Ombudsman may be contacted at (850) 438-2924 or the State Comptroller's Hotline, 1-800-343- 3792. 11, Ownershio/Assiqnment: The grantee shall own all items including vehicles, buildings and equipment purchased with state EMS county grant funds unless otherwise described in the grant application. The grantee shall clearly doc~mem the assignment of equipment ownership and usage, and maintain these documents so tre~1 are available during monitoring by the sta;:e, :;le owner of vehicles and equipment purchasec wi~:: state EiV1S grant funds shall be responsicle ~or i;:s proper insurance, licensing, permitting, anc maintenance. \,A/hen any state EMS grant funded equipmem ceases to have any useful life it may be scid for scrap or disposed of in the customary way that the agency disposes of equipment which has nc further functional use. The grantee must use the resulting funds, if any, for prehospital EMS in Florida. If a private organization is the owner of any equipment funded in whole or part by state EMS grant funds, and purchased that equipment to provide services for a municipality, county, or other public agency, and the services cease within five years after the grant ends. the ownership of the equipment must be transferred to that municipality, county or other public agency, There shall be no cost to the recipient organization. This is applicable even when services cease due to a contract ending or for any other reason. 12. Maintenance of Efforts: Any improvement or expansion brought about in whole or part by grant funds shall be maintained for five years after the project ends. Reduction within the fi'/e years which is not approved by the Bureau. shall necessitate the return by the grantee or the involved project's funds plus interest if any, as specified by the department. The grantee must send the funds within 40 days of written notification by the department. After the five years, all equipment purchased with state EMS grant funds must continue to be used for prehospital EMS in Florida throughout its useful life, whether owned by the grantee or others. If a violation is found at any time after the five years. regardless of equipment ownership at that time. one half 0;' C:.Jrient value of the items must be returned to the state by the grantee who received the grant unc:erwhich the original purchases were made. 13. Lobbvinc: The grantee agrees to COmply with the provisions of sections 11,062 and 216.3~7, F.s.., which prohibit the eX;Jenditure of grant funds for the pur;Jose of lObbying the Legislature. judicial branch, or a state agency_ 14. iVlonitorir:c: T::e grantee agrees to assign a oerson to maimain a file for each grant which includes a coe'l of the Notice of Grant ,';ward . , . letter. Bureau aporaved application inciucing approved budger and ail aopendixes. aepraved .:hanges, a:;c lhis grant manual. The grantee snail ensur2 :hc! 3n'l Trnanc:al cccuri1e~ts ~eiat2C: to this activ;::1 are made availabie to the CL;reaL.: or its desigr.ee upor. request. for a period of five v~ars from the endinc date of the crant. The ~- - - crantee, his subgrantee(s) or contractor(s) and assignee(s~, shail provide during reasonable hours whatever information is necessary for the department to monitor the grant. including acoess to ciient records related to the grant. 1S, Income. Fees. and Other Cash: If project activity results in the payment to the grantee or other party or income, fees, or cash of any other kind, the total amount eithat cash shall be applied to the costs of the project. Before any state funds can be assigned as allowable costs. the total amount of such caS;1 paid during the grant shall be applied to the total activir! costs after the ending of the grant and al! costs are final. El'I1S County Grant General Requirements The EMS County grant general conditions and requirements are an integral part of the county gram aareement between the agency/organization (grantee) and the state of Flcrida, Department of Health (grantcr or department). In the event of a conflict, the foilcwing requirements shall always be controlling: 1. Records: The grantee shall maintain financial and other documents related to the crants to suppor: ail revenue ard excenditures. The final expenditure report shall inClude ail e:<penditures of the E:MS County Grant funds fer the grant pericd. Bills and payment records ror fees or other compensation ;cr ser'/ic2s ;:lnd expenses shall be maintained by :he 'jrantse in sufficient detail for :he -~ I '- proper pre-audit. post-audit. and mcnitoring review cr the grantee's records by the department. 2. Indemnification: If the grantee is a st3te agency or subdivision as defined in section 768.28, F.S, only the following paragraph "b" is applicable. Other than state agencies or subdivisions only paragrach "3' is applicable. a. The grantee agrees to be liable fer ail claims, suits. judgements, or damages, including coun: costs and attorney's fees, arising aut of the negligent .Jr intentional acts or omissions of the grantee and its agents, subcontractors, and employees, in the COL.;rse of the operation of this grant. Further, the grar:tee agrees to indemnify the department agair:st ail claims, su::s. judgements, or damages, inducing COL.;rt C:Jsts ar,e attorney's fees, arising out of the negligent cr jme:~tjc~ai acts or omissions of the grantee and its ag2:its, Subcontractors, and employees, in the course cf the ooeraticn of this crant. Also, the::rantee acrees te cefend the department, upon recei~ing timely written notification from the department. against all c:aims, suits, judgements, or damages, including costs and attorney fees, arising out of negligent or intentional acts or omissions of the grantee and its agents, subcontractors. and employees, in the course of the operation of this grant. 'Nhere the grantee and the department commit joint negligent ac:s, the grantee shall not be liable for nor have any obligation to defend the department with reSDect to the part of the joint negligent act committed by the department. In no event shall the grantee be liable for or have obligation to defend the department against such claims, suits. judgements. or damages, including costs and attorney fees, arising out of the sole negligent acts of the department. b, Any grantee who is a state agency or subdivision, as defined in section 768,28, F.S.. agrees to be fully responsible for its negligent acts or omissions or intentional tortious acts which result in claims or suits against the department. and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serle as a waiver of sovereign immunity by any grantee to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by their parties in any matter arising out of any grant. The grantee agrees that it is independent of the department and not an agent or employee, unless it is organizationally within the department. 3. Notice of Grant Award: All EMS county grants are made in accordance with section 401.113(2)(a), Florida Statutes, and are mace by an Ei'vlS Notice or Grant Award letter. The Notice of Grant ;-\ward letter (apcencix A) and the contents of this manual contain by reference all regulations. rules, and other conditions governing this grant. -+ Advance Distribution (Pavr.ientl: I ne cepartment agrees to reC1uest advance distribution :.::ayment) cf the full grant amount after the Notice of Grant Award ietter is sent to the grantee. This payment wiil be sent as cash flcw perTTlits. ..... Suooiantirc Furds: EiVlS County Gram funds s~'lall not oe usee to supplantJreplace) any :J a rc C i t n e g r.3 n l e 2 s reg u ! art:. i\,1 S b u C get ailoc3ticr., ir.e Grantee shail nct use anv ccunt'1 , . - .,... . I ... sr r7'1atC:-:lri~ gr2t:t :U~CS to SUp~12nt cr r2~lac2 3ny ether fu~ds :-lr.iess spec;Tie.j i~ the ap~r:J\jec .3cplic3tion. COl..:rt'/ award funds dispensed under section 4C'l.1 i 3\2)(a), FS., cannot be usee to fulfill ,he ma!chir:g recuirement for any slate E:'vlS matching grant under section 401.113(2)(b), F.S. 6. Reaffirmation of Terms and Conditior.s: All terms, conditions. and provisions of this grant and manual. and other aDplicabie docur.ients are hereby reaffirmed. ilie grantee ad:nGwledges acceptance of the gram terms and conditions when the grantee draws mcney or ctherNise cbtains fur.cs from the Slate grant payment system. Financial ~ . Ei'vlS Count'l Fund Accountine: A.II state EMS grant funes shall be ceposited by the grantee in an account maintained by the grantee, and assignee a uniC1ue accounting cede designator for ail grant deposits and disbursements er expenditures thereof, A.II state EMS grant funds in the account maintained by the grantee shall be accounted for separately from all other grantee funds 2 Use of Count'! Grant Funds: A.lI state EMS grant funds shall be used between the beginning and ending sates of the grant sclely for activities as outlined in the Notice of GrantAward letter, its attachments if any. and the application including its budget with ics revisions, if any, on file in the state EiV1S office. T;'le grantee is not restricted to staying within the line item amounts within the approved grant budget. However, the grantee must stay within the aporcved total grant ::;'...:dget. Any expenditures beyond this budget are the full responsibility of the grantee. 3 The authGrit'j to 3per:c cr encumc.er grant 1 - I:: funds expires on the ending date of the grant time period, which is cited in the Notice of Grant Award letter. Encumbered funds must be paid within 40 days of the grant ending date. Unencumbered EMS County Grant Funds (RolIovers) Any unemcumbered EMS county grant program funds. including interest, remaining in the assigned grantee account at the end of a grant period shall be reported to the department. The grantee will retain these funds in the EMS Count:/ Grant account and include them in the budget cf the next county grant application. Disallowed Expenditures No expenditures are allowable as grant costs unless they clearly are specified as a line item in the approved grant budget, including approvec change requests, or are clearly includec uncer an existing line item. Any disallowed EMS county grant expenditure shall be returned to the EMS county grant account maintained by the grantee within 40 days after the department's notification. The costs of disallowed items are the responsibility of the county. Revisions The grantee shall obtain written approval from the state EMS grant manager, on .the Grant Change Request form (Appendix B) prior to any of the following changes to the approved grant budget. 1, Adding a new line item to the approved budget. 2. Increasing a salary rate of payor other payment rate to an individual for serlices. by more than ten percent. 3. Beginning a sub-grantee or contractor relationship that is not specifically identified in the approved budget or application. Reports and Documentation 1. Due Oates: The grantee shall send to the state EMS grant manager one original and one copy of the required reports by the date specified in the Notice of Award letter. Progam activity and expenditure reports will be used to ensure adequate monitoring and auditing cf the grantee. 2. Excenditure Reoorts: The Expenditure Report (Aopendix C-1) indicates all agreed upon budget expenditures and contains columns to be completed for reports. Reports cover a six, nine and twelve month period of activities (final report). The expenqiture Plan (Item 7) in your approved applicatiorl:.has a blank "expenditures year-to- date" column to report expenditures and a place to write the amount cf interest earned en the state funds. Copy this page, complete it, and submit it for your expenditure reports. 3 PreGram .~,ctjvit'/ Reccrt: The Pregram ;',c~ivit'! R (DLl - 1 -~ '.\ J "8) .. ' ..... ,e~crt r. ,or:ll ,cc"";-o.. an.::J mL:S, ce prCVil.,eC a1: the enc by tre date sceciTled in the Netice of Grant Aware: ierte: Rescr: ail program activities as c::esc:-ibec in the apcr~ved gr3,;t 'Ncrk pi3n ane: subseqL:en'( amendmems aepraved in Change Requests. The report must Cover the entire gr31;1: ;::erioe:, -4 vVitnne!d P3vmem: Any payments due the gramee une:er the terms of this gram may be withheld umil 1:he grantee provides ail reports that the grantee owes '(0 the department. and the department has approved ail or the grantee's reports and is satisTled the grantee has met a'll ?bligaticns. 5, Earl'! Termination: if the project accomplishes all of its objectives before the grant ending date, the grantee may request that the grant be c!osed, and send a final expenditure and program activity report. If the state EMS grant manager approves. the manager will close the grant. Thereafter, because the grant has ended, there can be no further activities or expenditures under the grant. Credit Statement The grantee ensures that where activities supported by this grant orcduce original writing, sound recording, pictorial reproductions, drawings or other graphiC representations and works of any other nature, notices, informational pamphlets, press releases, advertisements, cescriptions of the sponsorship of the program, research reports, and similar public notices prepared and released by the provider shall include the statement: "Sponsored by [Ycur Organization's Name] and the State of Florida. D~pariment of Health, Office cf Emergency Medical Ser/ices." A- !':J If the sponsorship reference is in written or other visual material, the word, "State of Florida, Department of Health, Bureau of Emergency Medical Services" shall appear in the same size letter or type as the name of the grantee's organization. One complimentary (free) copy of all such materials shall be sent to the department within three weeks of their reproduction and delivery to the grantee, If the proper credit statement is not included, or if a cooy of each item produced is not provided to the department within three weeks, the cost for any such materials produced shall be disallowed. Where activities supported by this grant oroduce writing. sound recordings, pictorial reproductions, drawings, or other graphic representations and works of any similar nature, the department has the right to use, duplicate and disclose such materials in whole or in part. in any manner, for any purpose whatsoever and to have others acting on behalf of the department to do so. If the materials so developed are subject to copyright, trademark, or patent, legal title and every right. interest, claim, or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the state of Florida, Department of State, for the exclusive use and benefits of the state. Pursuant to section 286.021, F.S" no person, firm or corporation, including parties to this grant, shall be entitled to use the copyright, patent or trademark without the prior written consent of the Department of State. Civil Rights Assurance The grantee gives these assurances forfederal grams, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The grantee agrees to complete the Civil Rights Compliance questionnaire, HRS Forms 946A and B, if requested by the department. Although no federal funds are involved in this grant the grantee ensures that helshe will comply with the following the same as if federal funds were being provided: 1, Title VI of the Civil Rights Act of 1964, as amended, 42 U.S,C. 2000d et seq" which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitative Act of 1973, as amended, 29 U,S,C. 794, which prohibits discrimination on the basis of handicap in programs and activities r~ceiving or benefiting from federal financial assistance. ' 3. Title XI of the EducationAmendments of 1972, as amended, 20 U.S.C, 1681 et seq" which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1 975, as amended, 42 U,S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance, 5. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U,S.C, 9849, which prohibits discrimination on the basis of race. creed, color, national origin, sex, handicaps, political affiliation or belief. 6. The Americans with Disabilities Act of 1990, PL. 101-336, which prohibits discrimination on the basis of disability and requires reasonable accommodation for persons with disabilities. 7. U.S. Department of Health and Human SeNices Regulations for Protection of Human Subjects (45 CFR, as amended) regarding the protection of human research subjects, 8. All regulations, guidelines, and standards lawfully adopted under the preceding statutes, The grantee agrees that compliance with this assurance constitutes a condition of continued receipt of, or benefit from state EMS funds, and that it is binding upon the grantee, successors, transferors, and assignees for the period during which such assistance is provided, The grantee further ensures that all contractors, subcontractors, sub-grantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the preceding statutes, regulations, guidelines, and standards. In the event of failure to comply, the grantee understands that the department may, at its discretion, seek a court order 17 requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief. to include this and other state EMS grants being tenninated and further state EMS grants being denied. The department shall not be liable for violations by grantees of any of the federal laws, rules, regulations. or guidelines outlined herein. Audit Requirements FINANCIAL AND COMPLIANCE AUDIT This attachment is applicable, if the provicer or grantee, hereinafter referred to as provider, is any lecal government entity, nonprofit organization, or fer-profit organization, An audit performed by the Auditor General shall satisfy the requirement of this attachment. PART I: FEDERALLY FUNDED This part is applicable if the provider is a iocal government entity or nonprofit organization and expends a total of $300,000 or more in federal funds passed through the department during its fiscal year, The determination of when a provider has "expended" federal funds is based on when the activity related to the award occurs. Local governments shall comply with the audit requirements contained in the Office of Management and Budget (OMB) Circular A-128, Audits of State and Local Governments, Nonprofit providers shall comply with OMS Circular A-133, Audits of Institutions of Higher Learning and other nonprofit institutions, except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year. The reporting package shall include a schedule that discloses the amount of expenditures and/or receipts by contract number for each contract with the department in effect during the audit period. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department contract involved. If the provider has received any funds from a grants and aids appropriation, the provider shall have an audit or submit an attestation statement in accordance with Section 216,349, Florida Statutes, and indicate on the schedule of financial assistance which contracts are funded from state grants and aids appropriations. The provider has "received" funds when it has obtained the cash from the' department or when it has incurred reimbursable expenses, The provider agrees to submit the required reports as shown in Part IV. PART J): STATE FUNDED This part is applicable if the provider is a nonprofit organization that expends a total of $100.000 or more in funds from the department during its fiscal year, which was not paid from a rate contract based on a set state or area-wide fixed rate for service, and of which less that 5300,000 is federally funded. The determination of when a provider has "expended" funds is based on when the activity related to the award occurs. The provider agrees to have an annual financial audit performed by independent auditors in accordance with the current Government Auditing Standards issued by the Comptroller General of the United States. Such audits shall cover the entire organization for the organization's fiscal year. The scope of the audit performed shall cover the financial statements and include reports on internal control and compliance. The reporting package shall include a schedule that discloses the amount of expenditures andlor receipts by contract number for each contract with the department in effect during the audit period. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department contract involved. If the proVider has received any funds from a grants and aids appropriation, the provider shall have an audit, or submit an attestation statement, in accordance with Section 216.349, Florida Statutes, and indicate on the schedule of financial assistance which contracts are 18 funded from state grants and aids appropriations. The provider has "received" funds when it has obtained the cash from the department or when it has incurred reimbursable expenses. The provider agrees to submit the required reports as shown in Part IV. PART III: SECTION 216.349, FLORIDA STATUTES (GRANTS AND AIDS APPROPRIATIONS) This part is applicable if the provider is either (1) a for- profit organization, (2) a local government entity expending less than $300,000 in federal funds passed through the department during its fiscal year, (3) a nonprofit organization expending less than $100,000 in funds from the department during its fiscal year, or (4) a nonprofit organization expending a total of $1 00,000 or more in funds from the department paid from a rate contract bas~d on a set state or area-wide fixed rate for service, of which less than $300,000 is federal funded. The determination of when a provider has "expended" funds is based on when the activity related to the award occurs. If the provider receives funds from a grants and aids appropriation, the provider shall have an audit, or submit an attestation statement, in accordance with Section 216.349, Florida Statutes. The audit report shall include a schedule of financial assistance which discloses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. The provider has "received" funds when it has obtained cash from the department or when it has incurred reimburseable expenses. The provider agrees to submit the required reports as shown in Part IV. Otherwise, if the provider does not rece~ve funds from a grants and aids appropriation, the provider has no audit or attestation requirement under this statement. PART IV: SUBMISSION OF REPORTS Copies of the audit report and any management letter by the independent auditors, or attestation statement required by this attachment shall be submitted withi~ 180 days after the end of the provider's fiscal year to the. following, unless otherwise required by Florida Statutes: A. Office of Inspector General 4052 Bald Cypress Way, A-03 Tallahassee, ,FJorida 32399-1704 " B. Department of Health Bureau of-Emergency Medical Services County Grant Manager 4052 BafdCypress Way, Bin C18 Tallahassee, Florida 32399-1738 C. Submit to this address only those reports prepared in accordance with OMS Circular A-133: Federal Audit Clearinghouse Bureau of the Census 1201 E. 10th Street Jeffersonville, Indiana 47132 D. Submit to this address only those audits performed or attestation statements prepared in accordance with Section 216.349, Florida Stat- utes: Office of the Auditor General Post Office box 1735 Tallahassee, Florida 32302 The provider shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the de- partment. 19