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Item D10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_October 19~.2()05 Division: Fire Re~cuc _Services Bulk hem: Yes X Depal1mcnt: Em(~rgency ~vfan,~gemeJ1l / StaffColltact Person: Tom ('ulIen X(1019 0 0/\ (,~ DeOdrllTlCnt DlrC(-lur: Irene rOller X()O(/j )\1.1 "1, j , '\ AGENDA ITEM WORDING: Approval of an agreement with the Department of Community Affairs concerning a Homeland Security Grant, 06-DS-3W-1l-54-01, in the amount of $36,322.00. No ITEM 6ACKGROlJNlJ: The Department of Community Affairs has awarded Monroe County a Homeland Security Grant in the amount of $36,322.00. This grant will be used to offset the costs of training County Emergency Responders taking Homeland Security Courses. PREVIOUS RELEVANT BOCC ACTION: NONE CONTRACT/AGREEMENT CHANGES: NONE STAFF RECOMMENDATIONS: Approval TOTAL COST: $36.322 BUDGETED: '{es "\1(1 X COST TO COUNTY: (0) SOURCE OF FUNDS: _---.i.lrant REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty Yes Yes DIVISION DIRECTOR APPROVAL: nOCC\IE:\'fATIO'\,: Included x '\ot RequlrcJ_ ])ISPOSITlO~: AGE~DA ITEM t! Revised 2/05 MONROE COUNTY BOARD OF COUNTY COM:MISSIONERS CONTRACT SUMMARY Contract with: Florida DCA DEM Contract #06-DS 3W-11-54-0l Effective Date: 10/19/2005 Expiration Date: 08/30/2005 Contract PurposelDescription: Funds for Homeland Security related training and exercises. Contract Manager: Tom Cullen 6019 Emerg()llcy Management # 14 (Name) (Ext.) (Department/Stop #) for BOCe meeting on 10/19/2005 Agenda Deadline: 10/4/2005 CONTRACT COSTS Total Dollar Value of Contract: $ 36,322 Budgeted? YesO No l:8J Account Codes: Grant: $ 36,322 County Match: $ -0- Current Year Portion: $ 36,322 - - - - ----- - - - - - - --.........- ~ ~ - - - - ----- - - - - ~---- Estimated Ongoing Costs: $-O-/yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes ""pate In Needed J /7 .A.evi~ DivisionDirector Y-3/f...o,:; YesDNor{! __ Risk Management I P 'F ~ YesO NolEI Air, liP'<' @h9$/~ o.Jk/purchasin~J ii-21s, -05 YesD NoG:}/' ,1;.{.t~~.Ll4. (~f c4.a'LIi.i!A./ County Attorney '/21/t<,(YesD No~~4d-" Date Out Comments: OMB Form Revised 2/27/01 Mep #2 Toner-Irene From: Sent: To: Subject: Chanda.Brown@dca.state.f1.us Wednesday, September 14, 2005 3:22 PM Toner-lrene@monroecounty-f1.gov FY05 SHSGP PTE Monroe Agreement ~I)i . '::,:,:,-~.~~, "=' i""">,!",,,v Monroe SHSGP.doc (285 KB) The Division of Emergency Management is pleased to forward amount of $36,322. you an Agreement in the Please make four copies of the attached agreement and complet~ as follows: !! 1. Enter information required on the Budget Detail Workshe~t in ji Attachment A. Ii 2. Have all four sets signed by the authorized person, wit~ the original signature on each signature page. II I, 3. If the signatory is anyone other than the authorized pe~son, a copy of the delegation of authority should be included. ~ 4. Have authorized person's name and title printed where r~quested. 5. Enter the date of signature. il 6. Include the Federal Identification Number on the signat~re page. II if Prior to the execution of this Agreement, you are askedjl to carefully review it in its entirety. The Audit Requirements, which are in Section 6i~ contains language that may require new audit procedures. Please ensure that Section 13(~), Notice and Contact, is the correct representative of the recipient responsible for tpe administration of this Agreement before returning them to the Department. II 11 p Once signed and completed with the above information, p~ease return all 4 sets of agreements to this address: ~ I' Department of Community ~ffairs Division of Emergency Man~gement Compliance Planning & Sup~ort Grants Administration Unif - Attn: Chanda Brown il 2555 Shumard Oak Blvd II Tallahassee, Florida 32~~9-2100 fl A fully executed original will be returned to you. please e-mail me or call me at the number below. (See attached file: Monroe SHSGP.doc) n H Ii If wou have any questions, II II Ii Chanda D. Brown Financial Specialist Department of Community Affairs Division of Emergency Management Bureau of Compliance Planning and Support (850) 414-8538 chanda.brown@dca.state.fl.us Please note: Florida has a very broad public records law. written communications to 1 Contract Number: 06-DS-3W-11-54-01 CFDA Number: 97.067 FEDERALLY~UNDEDSUBGRANTAGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Aorida (hereinafter referred to as the "Departmentj, and Monroe County, (hereinafter referred to as the "Recipientj. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the tenns and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perfonn the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Recipient and the Department shall be govemed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties or July 1, 2005, whichever is later, and shall end August 30, 2006, unless tenninated earlier in accordance with the provisions of Paragraph (12) of this Agreement. 1 (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's perfonnance under this Agreement shall be subject to the federal ACommon Rule: Unifonn Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87, "Cost Principles for State and Local Governments, n OMS Circular No. A-21 , "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the tenns of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of fIVe years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the fIVe year period, the records will be maintained 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 of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. 2 (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 supporting documentation of all program costs, in a fonn sufficient to detennine 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 Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during nonnal 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 Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account forthe receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean nonnal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In detennining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The detennination of amounts of Federal 3 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 relative to 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 OMS 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 elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). . / ( ! (e) Copies of reporting packages for audits cql'lducted in accordance with OMS Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMS Circular A-133, as revised, by or on behalf.of the Recipient directlv to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Bureau of Preparedness and Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMS Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 4 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 submit 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 Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management Grants Administration Unit 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other infonnatlon required to be submitted to the Department pursuant to this Agreement shall be submitted timely 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, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entitles) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (I) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a publiC accountant licensed under 5 Chapter 473, Aa. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Department with semi-annual reports, and with 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 such other infonnation as requested by the Department. (b) Semi-annual reports are due to be received by the Department no later than 30 days after the end of each period of the program year and shall continue to be submitted each period until submission of the administrative close-out report. The ending date for the period of the program year is December 31. (c) The close-out report is due 60 days after tennination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide such additional program updates or infonnatlon as may be required by the Department. (1) The Recipient shall provide additional reports and infonnation as identified in Attachment D. (8) MONITORING. The Recipient shall monitor its perfonnance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified 6 time periods, and other perfonnance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the semi- annual report. In addition to reviews of audits conducted in accordance with OMS Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Department. In the event that the Department detennines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by 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 Comptroller or Auditor General. In addition, the Department will monitor the perfonnance and financial management by the Recipient throughout the contract tenn to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in canying out the tenns of this agreement, and shall hold the Department hannless against all claims of whatever nature by third parties arising out of the perfonnance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or 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 serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 7 (10) DEFAULT. If any of the following events occur ("Events of Defaultj, all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, tenninate and the Department may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby 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 Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perfonn any of the obligations, tenns or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the tenn of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient infonnation; (d) If the Recipient has failed to perfonn and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Tenninate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such tennination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; 8 (b) Commence an appropriate legal or equitable action to enforce perfonnance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to indude but not be limited to: 1. requesting additional infonnation from the Recipient to detennine the reasons for or the extent of non-compliance or lack of perfonnance, 2. issuing a written waming to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items detennined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations goveming the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict perfonnance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Department may tenninate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perfonn in a timely manner; and refusal by the Recipient to pennit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Department may tenninate this Agreement when it detennines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate 9 with the further expenditure ()f funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to tenninate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the tennination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is tenninated, the Recipient will not incur new obligations for the tenninated portion of the Agreement after the Recipient has received the notification of tennination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the tennination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is detennined. (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, retum receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Ms. Chanda D. Brown, Financial Specialist Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-414--8538 Fax: 850-488-7842 Email: chanda.brown@dca.state.fI.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. William A. Wagner Jr., Senior Director Monroe County Board of County Commissioners 490 63rd Street (Ocean), Suite 150 Marathon, Florida 33050 Telephone: 305-289-6018 Fax: 305-289-6333 Email: Toner-lrene@>.monroecounty-f1.oov 10 (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 rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Department for review and approval prior to execution of the subcontract 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 Department 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. Each subcontractor's progress in performing its work under this Agreement shall be documented in the semi-annual report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program statutes and Regulations Attachment C - Justification of Advance 11 Attachment D -Warranties and Representations Attachment E - Certification Regarding Debannent Attachment F - Assurances (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory perfonnance of work hereunder in an amount not to exceed 536.322 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 Department under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract tenn. 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, 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. 1. X No advance payment is requested. 2. 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 Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of funds hereunder shall tenninate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. 12 (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the tenns and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the infonnation, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such infonnation, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the tennination of this Agreement and the release of the Department from all its obligations to the Recipient. 13 (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 lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is othelWise unenforceable, then such provision shall be deemed and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The 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.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (1) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 14 (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient 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 commission of 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 20(h)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. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed .Certification Regarding Debarment, Suspension, Ineligibility And VOluntary Exclusion" (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. (I) 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. 0) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 15 (k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Aa. Stat., and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be retumed to the Department or be applied against the Department's obligation to pay the contract amount. (n) 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 ("I NAil. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) ofthe INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) ofthe INA shall be grounds for unilateral cancellation ofthis Agreement by the Department. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with 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 undersigned, 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, 16 continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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. (22) 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 brings to the performance of this Agreement 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 arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be 17 sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby resewed to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant 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 so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. 18 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. ReciDient: BY: Name and title: Date: SAMAS# FID# STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: W. Craio Fuoate. Director of Emeraency Manaoement Date: C"~, ZA:\!:\F.: , , Hi ITTON hi] S 18:~S't~0 cb!0,.;;;roRNEY D3;(-.____.-.. --"/fcJ,~~~~"~"-~ 19 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Department of Homeland Security, Office of Domestic Preparedness CFDA # 97.067 $36,322 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: Ust applicable compliance requirements as follows: N1A 1. First applicable compliance requirement (e.g., what services/purposes resources must be used ~. 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation refeffed to. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 20 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. '*' No more than 2.5% of the total award may be expended on Management and Administration costs by the Recipient. '*' At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed Program Budget") may be put towards Programmatic costs instead. '*' The transfer of funds between planning, training, exercises and management & administration is pennitted, for this contract only, whereas management & administration costs do not exceed 2.5% of the Recipient's total award. Planning state Homeland Security Grant Program - Issue 08 Monroe County Emergency Management Training Exercises $35,414 Management & Administration (the dollar amount which corresponds to 2.5% of the $906 total award is shown in the column on the right) 21 Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award for issue 08 as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", dm: the execution of this contract, contact the contract manager listed in this contract via email or letter. Public Educatlon/Outreach Develop and implement homeland security support programs and adopt ongoing DHS national initiatives Develop and enhance plans and protocols Develop or conduct assessments Establish, enhance, or evaluate Citizen Corps-related volunteer programs Hiring of fuR or part-time staff or contractors/consultants to assist with planning actlviI:ies (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities TraveVper 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 ofthe estabUshed work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. Grantees may also use aop grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel artici .n in aDP trainin . Training Workshops and Conferences - Grant funds may be used to plan and conduct trainir19 workshops or conferences to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and training plan development. Full or Part-Time staff orContractorslConsultants - Full or part-time staff may be hired to support training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractorsJconsultants may also be procured by the state in the design, development, conduct, and evaluation of CBRNE training. The applicant's formal written procurement policy or the Federal AcqUisition Regulations (FAR) must be followed. .2S;ooo 22 Travel- Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the training project(s) or for attending ODP-sponsored courses. These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http://www.ojp.usdoj.gov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the training project(s) (e.g., copying paper, gloves, tape, and non-sterile masks). /O/Itj other Items - These costs include the rental of spacellocations for planning and conducting training, badges, etc. Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part-Time Staff or ContractorsIConsultants - Full or part-time staff may be hired to support exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unites) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. OVertime and backfill costs - Overtime and backfill costs associated with the design, development and conduct of CBRNE exercises are allowable expenses. Grantees may also use ODP grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in ODP exercises. Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP FinanCial Guide. For further information on federal law pertaining to travel costs please refer to http://www.ojp.usdoj.gov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course ofthe planning and conduct ofthe exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). other Items - These costs include the rental of spacellocations for exercise planning and conduct, exercise signs, badges, etc. The scenarios used in SHSGP funded exercises must be terrorism-related and based on the State Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radioiogical, nuclear, explosive, cyber and agricultural. A state or local jurisdiction that conducts an exercise using SHSGP funds must follow the HSEEP doctrine and protocols located at htto:J/www.oio.usdoi.gov/odo/exercises.htrn#hseep. 23 ~ y ~'~'(N::: ~4.<.:'? ":''<"io'" ~I""'~,' *,}\''':i.,.~'\~:t^{ -"'>p ~!.~..<~ -;:!-"'.1Y~~?''''''..."p/ ~~......~~~;:: A;-~J::,I~'t':,,:;,.{;.t.\%!ti.~-;;V""~?%~::;.:./0:J.';,: ~~v~:-:.'~t'/"\;,.~'t.\-9k.?J/~"""~""'k'0;~~~;;}!$ ~-{h~{f.;N.t';i/l..?t~"$.i>H:,~y~":':r>~\ .~:{I>"Y. 't., , . " , ", ",,' ", ""ffl'" .( ~='V">>1%'''','"''Z'''\f.'h~'''i'' :';',";ii'Yt'""'.80i"'~,~'\~~Ji<'1'i;;"~"'0*.,*'I'j~ r; r 'l.:t~I~,,~ ~.~':&\'~Yf1 1(, \ ~ ~.~. d1 1{~C~4l 1,.\ ~t ; ~0.~'it ~,~lV~.1~?:?: ~"!:~/L~~ "'~V>:::'"} 1/ffS},':> ~ :Zf".'l~~ 'i~ ~ f~ i#-;~\ ~{Xl~ ~\~~'h\'"Y{ (4~df~) j :;"/:--f.}!,:, {I~ <Lh~ i<~_ ~;i:,..{t~/ t1:&fit.Vj~,9)W'~0'y ~l~' , ~~ ~ \ ,(? "i </ "-;.. ~ "f.,'. "~ .... .... i'i'".,. l, . \.<<I'~-t','j.~":{::'t<<.&';;;'W..~,;,,i}~ ....~V). ytH;.!'::'f~..(:<::,=f~'..;l: ~II<"""'I(I)A""~):F}--;' ;.!\: ,:,.:/J~~;,~" )Wd i~\ ~t ~\ ft1\'~{2\f~ ~Y~~I ~}t {'t.tJi~<1'\~~!.~~.~\~~)~ful{0:kS~()~~;!><:)Gt\&1+; 1;'/f./!~~ty;:rt4'i2/; ~~~ ~::;}f1ff>~~t~?>~i'~}\~; 02iJ.~r4~??~ ;~~~~V~~;# ff\1fif:~V\~~'!tJ~;~fJ. w;;<< 1.* \, ~ I '~"i. J:: ~~ ,,':<. I r?~;__ / l ~~\~ ~Yt ~":..>;;~d;., ,~~J.~~ l~\~ ",~~;Sf1:*,NitL~()t-<<f.,,,;"({~<pr.:'i:rf;}',"~; ~ i:,'\U;;:A.f)1,f/~~ ::::/lP~...~" ~-:Sl ,U'j,.~.J~*'~/V?)\';~ ~,~iI!j.?1: ~/~~{r<J\l ~'$'d~,( {:<-..;.>:~" Hb'ing of fuD-time or part-time staff or contractors/consuttants: o To assist with the management of FY05 HSGP. o To assist with design, requirements, and implementation of FY05 HSGP. o To assist with tt1e implementation and administration of the State Homeland Security Strategy, as it may relate to the individual grant program. Hiring of full-time or part-time staff or contractors/consultants and expenses related 10: o HSGP pre--appllcatlon submission management activities and application requirements. o Meeting compliance with reporting/data collection requirements, including data calls. Development of operating plans for information collection and processing necessary to respond to DHSIODP data cals. Overtime and backfiD costs - Payment of overtime expenses will be for work performed by award (SAA) or ~ward employees in excess of the established work week (usually 40 hours) related to the M&A activities for the development and implementation of the programs under HSGP. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or local unites) of government and has the approval of the state or the awarding agency, whichever Is applicable. In no case is dual compensation alowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hotR are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meetlng....elal:ed expenses (For a complete "st of allowable meeting- related expenses, please review the OJP FinancJ8/ Guide at http:/twwwojp.usdoj.gov/FinGuide). Acquisition of authorized office equipment, including personal computers, laptop computers, printers, lCD projectors, and oIher equipment or software which may be required to support the implementation of the homeland security strategy. DU (jog- The following are allowable only wHhln the contract period: o Recurring feeslcharges associated with certain equipment, such as ~Iphones,~s,ero. o leasing and/or renting of space for newly hired personnel to administer programs within FYOS SHSGP. TOTAL 3 b, 3 2<' 24 Scope of Work Funding is provided to perform eligible activities as identified in the OffICe for Domestic Preparedness Fiscal Year 2005 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Categories and Eligible Activities 08. Planning, Training and Exercises for Local and Regional Efforts FY2005 SHSGP, Issue 08b, allowable costs are divided into the following categories: planning, training and exercises. In addition, management and administration costs are also allowable. Management and administration costs may not exceed 2.5% of the Recipienfs total award. A. Planning Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: Costs associated with implementing and adopting HSPD-8 initiatives Costs associated with implementing and adopting NIMS Costs associated with modifying existing incident management and EOPs to ensure proper alignment with the NRP coordinating structures, processes, and Establishing or enhancing mutual aid agreements Developing communications and interoperabllity protocols and solutions Conducting local, regional, and tribal program implementation meetings Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIC Designing state and local geospatial data systems Developing related critical infrastructure terrorism prevention activities including: o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery Q Public information/education: printed and electronic materials, public service announcements, seminarsltown hall meetings, web postings coordinated through local Citizen Corps Councils o Citizen Corps activities in communities surrounding critic:al infrastructure sites, including Neighborhood Watch, VIPS, and other opportunities for citizen participation o Evaluating CIP security equipment and/or personnel requirements to protect and secure sites o CIP cost assessments, including resources (financial, personnel, etc.) required for security enhancements/deployments. Developing and enhancing plans and protocols, including but not limited to: Developing or enhancing EOPs and operating procedures Developing terrorism prevention/deterrence plans Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies Developing or enhancing border security plans Developing or enhancing cyber security plans Developing or enhancing cyber risk mitigation plans Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans Developing public/private sector partnership emergency response, assessment, and resource sharing plans Developing or updating local or regional communications plans Developing plans to support and assist special needs jurisdictions, such as port authorities and rail and mass transit agencies Developing or enhancing continuity of operations and continuity of government plans Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate federal assets provided under the NRP. Developing or conducting assessments, including but not limited to: Conducting point vulnerability assessments at critical infrastructure siteslkey assets and develop remediation/security plans Conducting cyber risk and vulnerability assessments Conducting assessments and exercises of existing catastrophic: incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and state resources Activities which directly support the identific:ation of specific catastrophic: incident priority response and recovery projected needs 25 Activities which dlrecUy support the identification and advance preparation of pre-designated temporary housing sites; for example: o Conducting assessments and studies to identify qualified candidate sites o Obtaining accurate site surveys and existing utility information o Coordinating zoning requirements and necessary permits and/or waivers o Coordinating environmental impact requirements related to a selected site o Coordinating historic preservation requirements related to a selected site. B. Training Allowable training-related costs include: 1) establishment of CBRNE terrorism and cyber security training programs within existing training academies, universities or junior colleges; and 2) overtime and backfill costs associated with attendance at ODP-sponsored and ODP approved CBRNE and cyber security training courses. The target audience for training courses include em.rgency preparedness, prevention and response personnel, emergency managers and publiclelected officials within the following disciplines: fire service, law enforcement, emergency management, emergency medical services, hazardous materials, public works, public health, health care, public safety communications, governmental administrative, cyber security, and private security providers. In order to deliver these courses, state and local instructors must be certified to deliver the course by successfully completing ODP traln-the-trainer course delivery. Detailed descriptions of ODP courses are included in the ODP CBRNE Training Course Catalog at http:/twww.ojp.usdoj.gov/odp/docslcoursecatalog.pdf. C. Exercises Exercises conducted with ODP support (grant funds or direct support) must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes I-III contain guidance and recommendations for designing, developing, conducting, and evaluating exercises. HSEEP Volumes I-III can be found at ODP's website at http:/twww.ojp.usdoj.gov/odp/exercises.htm. Volume IV, which contains sample exercise materials and documents, can be found on ODP's Secure Portal at https:llodp.esportals.com or http://www.llis.gov. Exercise Scenarios. The scenarios used In SHSGP-funded exercises must be terrorism-related and based on the State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuc:lear, explosive, cyber and agricultural. Grantees that need further clarification on scenarios should consult with their State Exercise Manager for assistance and/or approval. Fifteen all-hazards National Planning Scenarios, including 12 terrorism scenarios, have been developed, and will be made available for use in national, federal, state, and local homeland security preparedness activities (See HSPD-B: National Preparedness on page 49). Citizen participation in exercises is encouraged to include backfilling non-professional tasks for first responders deployed on exercise, administrative and logistical assistance with exercise implementation, and providing simulated victims, press, and members of the public. Citizen participation in exercises should be coordinated with local Citizen Corps Council(s). If a state or urban area will be hosting an upcoming special event (e.g., Superbowl, G-8 Summit, etc.), or they anticipate that they will apply to be a venue for a future Top OfficIals (TOPOFF) exercise, they should plan to use SHSP or UASI funding to fund training and exercise activities in preparation for that event. All tabletop exercises (TTXs), drills, functional exercises (FEs), and full--scale exercises (FSEs) will be evaluated and performance based. An After Action Report (AAR) and Improvement Plan will be prepared and. submitted to the State following every TTX, drill, FE, and FSE. AARnps must be provided to the State within 30 days following completion of each exercise (see HSEEP Volume II, Appendix A). D. Management and Administration - no more than 2.5% of each sub-recipient's total award may be expended on Management and Administration costs by the sub-recipients Hiring of full-time or part-time staff or contractors/consultants: . To assist with the management of the FY2005 SHSGP . To assist with design, requirements and the implementation of the FY2005 SHSGP . To assist with the implementation and administration ofthe State Homeland Security Strategy, as it may relate to the FY2005 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to: . Meeting compliance reporting/data collection requirements, including data calls Development of operating plans for information collection and processing necessary to respond to DHS/ODP data calls OVertime and backfill costs - Payment of overtime expenses will be for work performed by award (8AA) or sub-award employees in excess of the established work week (usually 40 hours) related to the M&A activities for the development and implementation of the programs under HSGP. These costs are allowed only to the extent the payment for such servic:es is in accordance with the policies of the state or local unites) of government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), 26 even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meetlng-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at htto:/lwww.oio.usdoi.gov/FinGuide). Acquisition of authorized offlce equipment, including: . Personal computers . Laptop computers . Printers . LCD projectors, and . Other equipment or software which may be required to support the implementation of the homeland security strategy The fonowing are allowable only within the period of performance of the contract: . Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. . Leasing and/or renting of space for newly hired personnel to administer programs within the FY2005 SHSGP E. Unauthorized Expenditures . Expenditures for items such as general-use software (word processing, spreadsheet, graphics, etc.) . General-use computers and related equipment . General-use vehicles . Licensing fees . Weapons systems and ammunition . Construction or renovation of facilities that would have been reasonably necessary due to non-terrorist threats . Activities unrelated to the completion and implementation of the SHSGP . Other items not in acc:ordance with the Authorized Equipment List or previously listed as allowable costs . Recurring Costs . Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill. F. OVertime and Backfill Guidance OVertime: Expenses inCurred by those personnel who, as a resuit of ODP-approved activities, are performing over and above their normal, scheduled work hours or work week. Backfill (also called Overtime as Backfill): Expenses Incurred by those personnel who are working over and above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who are temporarily assigned to ODP-approved activities outside their core responsibilities. The OJP OC does not distinguish between Overtime and Overtime as Backflll- they are both viewed as overtime regardless of whether the individual has performecj more hours in their normally assigned place of duty or If the overtime accrued as a result of being re-assigned to a different place of duty. Overtime and backfill do not result in an increase of full-time employees (FTEs). II. National Preparedness Initiatives Urban Areas are strongly encouraged to pay close attention to the language In these sections in order to stay abreast of initiatives being highlighted by DHS and to comply with associated program requirements. A. National Incident Management System (NIMS) NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work effectively and effICiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size or complexity. Since FY2005 is a critical year for initial NIMS adoption, the Recipient should start now by prioritizing FY2005 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to facilitate its implementation. 1. Minimum FY2001 NIMS Compliance Requirements . Incorporating NIMS into existing training programs and exercises; . Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the eligibility and allowable uses of the grants); . Incorporating NIMS into emergency operations planning; . Promotion of mutual aid agreements; and, . Institutionalizing the use of the Incident Command System (ICS). 2. Local units of government should support NIMS implementation by: 27 · Having relevant personnel complete the NIMS Awareness Course: "National Incident Management System (NIMS), An Introduction" IS 700. This indepenclent study course is available on-line and will take between forty-fIVe minutes to three hours to complete. The course Is available on the Emergency Management Institute web page at: htto:/ltrainin9. fema. gov/EMlWebJlSlis 700. asp · FonnaUy recognizing NIMS and adopting NIMS principles and policies. The NIC will provide sample language and templates to assist in formally adopting NIMS through legislative and/or executive/administrative means. · Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The NIC is developing a web-based self-assessment system, the NIMS Capability Assessment Support Tool (NIMCASl) to evaluate their Incident response and management capabilities. The NIC is currently piloting the NIMCAST with a limited number of states. Upon completion of the pilot, the NIC will provide all potential future users with voluntary ac:ce6S to the system. Additional information about the NIMCAST tool will be provided later this year. . Establishing a tlrneframe and developing a strategy for full NlMS implementation. Transit systems are encouraged to achieve full NIMS implementation during FY 2005. To the extent that full implementation is not possible during FY 2005, federal preparedness assistance must be leveraged to complete NIMS Implementation In FY 2006. By FY 2007, federal preparedness assistance will be conditioned upon full compliance with NIMS. . Institutionalizing the use of the ICS. Transit systems that are not already using ICS, must institutionaiize the use of ICS (consistent with the concepts and principles taught by DHS) across the entire response system. 3. FY 2008 and FY 2007 Requirements In order for the Division to receive FY2006 preparedness funding, the minimum FY2005 compliance requirements described above must be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from the NIC. The NIC web page, http:/twww.fema.gov/nims. win be updated regularly with NIMS information and implementation guidance. III. Reporting Requirements A. Semi-Annual Programmatic ReDorting: The Semi.Annual Programmatic Report is due within 15 days after the end of the reporting periods (June 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. Schedule Period R due to OEM no later than Ju 15 Janua 15 Proevammatic Reportir19: Information to ReDOrt On After the end of each reporting period, for the life of the contract, the Division will provide a Biannual Strategy and Irnolementation Reoort worksheet to the ReciDient Point of Contact listed in this contract. This worksheet wiH contain all of the infOrmation that the Recipient needs to report on. The Recipient is to complete this worksheet in its entirety and email the finished product to the programmatic contact listed below. The first worksheet will be available after the July 1 - December 31, 2005 reporting period. 1. Planning - the Division reserves the option to request access to any document, as described below, at anytime during the contract period. . If the Recipient chooses to enhance/develop a plan, parts of a plan, SOP/SOG, or other documentation then, the Division will require the review of a draft copy of this document for NIMS compliance. The Division will only be making recommendations. 28 . If the Recipient chooses to enhance/develop a mutual aid agreement, the Division will require a copy of said agreement. . If the Recipient chooses to enhance/develop a GIS database product, the Division will require access to the layer or database. . If the Recipient chooses to enhance/develop public information related materials, the Division will require a copy of said materials. . If the Recipient chooses to participate in a Domestic Security related meeting or conference, the Division will require a copy ofthe agenda priorto the meeting and a roster atrerthe meeting. . If the Recipient chooses to conduct an assessment, we will require a copy of the completed assessment. Since these are secure documents, they should be submitted on CD. 2. Training . If the Recipient chooses to conduct training, the Division will require the title of course, instructor's name and a list of attendees prior to course delivery. All'erthe course has been delivered, the Division will require a roster of actual participants. 3. Exercises . If the Recipient chooses to conduct an exercise, an After Action Report should be submitted to the Division no later than thirty (30) days after the conclusion of the exercise. C. Reimbursement Requests: An invoice or purchase order must accompany each request for reimbursement. A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. D. Close-out Proarammatic ReDortina: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the contract is either completed or the contract has expired. IV. Points of Contact Contractual Point of Contact Programmatic Point of Contact Farrah Gosford FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 413-9974 F arrs h osford dea, 51 ate JI. us Chanda Brown FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-21 00 (~):~1~,l!- Chanda.bro 29 Attachment B Program Statutes and Regulations 1) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 30 . ': ".d .. . I, 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)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [ ] NO ADVANCE REQUESTED [ ] ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional infonnation is required. 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. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) FFY 2002 FFY 2003 FFY 2004 Total DESCRIPTION 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDlTURES1 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) First three months ex . enditures need onl 'bl rovided fortI e ears In whic h ou re an p y p y .y.q advance. If you do not have this infonnation, call your consultant and they Will assist you. MAXIMUM ADVANCE ALLOWED CALULA TION: x $ = Cell 03 DCA Award MAXIMUM o not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCA 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. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 31 ESTIMAT PENSES BUDGET CATEGORY ADMINISTRATIVE COSTS elude Secon Administration. PROG-RAM EXPENSES TOTAL EXPENSES Exolanation of Circumstances: 2004-2005 Antkipa1ed Expenditures for First Three Months of Contract 32 Attachment D Warranties and Representations Financial Manaaement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application 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 adequately safeguard all such 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 for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. ComDetition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall cleany set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract: supported by pUblic grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 33 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 8am to 4pm. Monday through Friday. Licensino and Permittino 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. 34 Attachment E ._p,i'~,~~I!~~~~;;~rfr;~~~g\~;;'.;\j0j~tj,~;'1;1~ Contractor Covered Transactions (1) The prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name Name and Title DCA Contract Number Street Address City, State, Zip Date 35 Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govem 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 Ad of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally- assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved 36 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" indudes 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. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789( d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 37 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. 38