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Item C09
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM `LATHY Meeting Date: Aril 1 2007 Bulk Item: Yes X No Division: Emeraencv Services Department:. Emergency Management Staff,Zontact Person: Tose Tez nos AGENDA ITEM WORDING: Approval of a Memorandum of Understanding between Monroe County and Marathon H.M.A., Inc., D/ /A Fisherman's Hospital to reimburse the Hospital up to $1,500.00 for the actual cost of their off -duty employees' services. These services were provided during a disaster drill held at the marathon Airport on February 8"', 2007. ITEM BACKGROUND: The funds to reimburse the Hospital originate from a Grant intended to perform eligible activities as identified in the ice of Grants and training Fiscal Year 2006-07 State Homeland Security Grant Program (SHS P), consistent with the Department of Homeland Security State Strategy. P YI US RELEVANT )A CC ACTION: B®CC approval on October 18, 2006 of an application of a. Federally -Funded Sub rant Agreement with the State; of Florida, Division of Emergency Management Contract # 07DS-5N-11-54-01-353 in the amount of $20,309.00. OMB Resolution NO. 524-2006 was approved creating Revenue Budget 125-13520-331200OS-GE0720 CONTRACT/AGREEMENT CHANGES: N/A STAFF C AT S: It is appropriate; to approve Monroe County and Marathon H.M.A., Inc., D/B/A Fisherman's Hospital Memorandum of Understanding for reimbursement of their employees' participation in the Marathon Airport Exercise. TOTAL CST. 0 COST TO COUNTY:— 0 DISPOSITION: ReAsed3/Qb BUDGETED: Yes X Into SOURCE OF FUNDS:Gant funds AGENDA MEMORANDUM ATTACHMENT TO AGENDA. ITEM SUMMARY Meeting Date: Aril 18. 2007 Bulk Item: Yes X No Divislon:-Ernemenev Services Department:__ Emergency Management Staff Contact Person: Jose Tezanos AGENDA ITEM WORDING: Approval of a Memorandum of Understanding bet-ween Monroe County and Marathon H.M.A., Inc.. D/B/A Fisherman"s Hospital to reimburse the Hospital up to $1,500.00 for the actual cost of their off -duty employees' services. These services were provided during a disaster drill held at the Marathon Airport on Feb€ua€y 8`1', 2007. ITEM BACKGROUND: The fiends to reimburse the Hospital originate from a Grant intended to perform eligible activities as identified in the Office of Grants and training Fiscal Year 2006-07 State Homeland Security Cruet Program (Sl ISOP), consistent with the Department of Homeland Security- State Strategy. PREVIOUS RE LEVANT BOCC ACTION: BOCC approval on October 18, 2006 ofan application of a Fedora [ly-Funded Subgrant Agreement with the State of Florida, Division of Emergency Management Contract 9 07DS-5N-11-54-01-353 in the a€nount of $20,309.00. OMB Resolution No. 124-2006 was approved creating Revenue Budget 125-13520-3312000S-GE0720. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: It is appropriate to approve Monroe County and Marathon H.M.A., Inc.. D/B/A Fishcrnuan's Hospital Memorandum of Understanding for reimbursement of employees' participation in the Maratlon Airport Exercise. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY AAaM4" l�mfl We . Contract with: Contract #07DS 5N-11-54-01-353 bm :=;sk(rAan4 Aqi- k Effective Date: July 1, 2006 Expiration Date: January 31, 2008 Contract Purpose/Description: Approval of a MOU between Monroe County and Marathon H.M.A., Inc., DB/A Fisherman`s Hospital. This MOU is intended to reimburse the Hospital up to $1500.00 from a sub ant in the amount of $20,309 for activities performed by off -duty employees during the Marathon Akport Exercise held Feb. 8 2007. These activities were eligible as identified in the Office of Grants and training Fiscal Year 2006-07 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Please route to OMB and Risk Management. Contract Manager: Jose Tezanos 6325 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Aril 18, 2007 Agenda Deadline: A ril 3, 2007 CONTRACT COSTS Total Dollar Value of Contract: $ 20,309.00 Current Year Portion: $ 20,309.00 Budgeted? Yes® No ❑ Account Codes: 125-13520-GE0720-50540- J _ Grant: $ 20,309.00 - - - - County Match: $ 0 - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance. CONTRACT REVIEW ilities, janitorial, salaries, etc. Changes Date Out Date In Needed e wer Division DirectorYes[]No[E"----"` - ! - 4 Risk Manag ment 4,40 Yes[] No2r4&"' 5u V 's, —1 1-7 O.M.B./P r l sing 0j Yes[] Nol� County Attorney Yes❑ No0 Comments: MEMORANDUM OF UNDERSTANDING FISHERMAN'S HOSPITAL THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this day of , 200 by and between MONROE COUNTY, a political subdivision of the State of Florida, with principal officeslocatedat 1100 Simonton Street, Suite 2-205, Key West, Florida 33040 ("COUNTY"), and MARAT.3ON H.M.A., INC., DB/A FISHERMAN'S HOSPITAL, a Florida for -profit corporation, located at 3301 Overseas Highway, Marathon, FL 33050 ("HOSPITAL"). WITNESSETH: WHEREAS, on October 18, 2006, COUNTY entered into a Federally -Funded Subgrant Agreement with the State of Florida, Department of Community Affairs, Contract No. 07-DS-5N- 11-54-01-353 (hereinafter "SUBGRANT"), pursuant to which COUNTY received a total of $20,309.00 to provide planning, training and exercises under the State Homeland Security Grant Program — Issue 08; and WHEREAS, under the terms of the SUBGRANT, COUNTY's representative with responsibility for administration of the SUBGRANT is Monroe County Emergency Management; and WHEREAS, on February 8, 2007, Monroe County Emergency Management conducted a training exercise at Marathon Airport, during which representatives from HOSPITAL, Marathon Airport, Monroe County Sheriff's Office, Monroe County Fire Rescue and Monroe County Emergency Management participated in a disaster drill simulating a mock disaster at the west end of Marathon Airport in which, among other things, Monroe County Fire Rescue extinguished a fire, assessed and stabilized mock accident victims, and transported them to local medical centers; and WHEREAS, HOSPITAL assigned and paid a total of seven (7) employees to participate in the training exercise during their off -hours; and WHEREAS, Monroe County Emergency Management desires to use a portion of the SUBGRANT funds in order to reimburse the HOSPITAL for its payment for these employees. NOW THEREFORE, COUNTY and HOSPITAL, through their respective governing bodies, and in consideration of the mutual promises and covenant herein -contained; hereby agree as - follows: Section I. Services. On February 8, 2007, HOSPITAL provided a total of seven off - duty employees consisting of six nurses and non -medical personnel, for a disaster drill administered 03/28/2007 County's Initials Hospital's Initial Page 1 of 5 by Monroe County Emergency Management. Section 2. Payment. 2.1 COUNTY agrees to reimburse HOSPITAL tip to fifteen hundred dollars ($1500.00) for the actual cost of the off -duty employees provided for the disaster drill. "e-, 2.2 Payment will be made within thirty (30) days of the presentment, by HOSPITAL, of (a) an itemized invoice; (b) an After Action Report (AAR) in accordance with Homeland Security Grant Exercise Criteria, including an Improvement Plan Matrix; and (c) a list of participants with the applicable hourly rate expended. 2.3 Both COUNTY and HOSPITAL agree that COUNTY's only remaining obligation under this MOU is the payment referenced herein. Section 3. Termination, This MOU will terminate upon receipt by HOSPITAL of the funds referenced above. Section 4. Notices. All notices and other communications required under this MOU must be in writing and addressed as follows: If to COUNTY: Irene Toner, FPEM, CPM Director Monroe County Emergency Management 490 63rd Street, Ocean Suite 150 Marathon, FL 33050 With a copy to: Suzanne A. Hutton, Esq. Monroe County Attorney P.O. Box 1026 Key West, FL 33041-1026 If to HOSPITAL: Marathon H.M.A., Inc., d/b/a Fisherman's Hospital 3301 Overseas Highway Marathon, FL 33,050 Attention- Chief Executive Officer 03/28/2007 Page 2 of 5 County's Initials Hospital's Initial Any Notice required by this Agreement shall be deemed to have been duly given if sent by certificate mail, return receipt requested, postage and fees prepaid; hand delivered; facsimile; or by overnight delivery service with proof of delivery. Section 5. Governing Law. This MOU shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this MOU shall be in Monroe County, Florida, in the Sixteen Judicial Circuit Court. Mediation conducted regarding this Agreement shall be performed according to the rules of the 16"' Judicial Circuit for Monroe County, Florida. This Agreement is not subject to arbitration. Section 6. Entire Agreement/Modification/Amendment. This writing sets forth the entire agreement of the parties with respect to the subject matter of this MOU. No representations were made or relied upon by either party, other than those expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless in a writing signed by both parties. Section 7. Access to Records and Audits. In addition to any other rights conferred upon the parties under the Florida Government in the Sunshine Law or the Florida Public Records Act, and except to the extent that disclosure is prohibited by the Health Insurance Portability and Accountability Act of 1996 or another federal or state law, both parties shall have the right to examine and audit any records involving transactions related to this MOU. Either party may cancel this MOU for refitsal to allow access to any records pertaining to work performed under this Agreement that are subject to the Florida Government in the Sunshine Law or the Florida Public Records Act. Section 8. Non -Reliance By Non -Parties. 8.1 No person or entity shall be entitled to rely upon the terms of this Agreement in order to enforce or attempt to enforce any third -party claim or entitlement to or benefit from any service or program contemplated hereunder, and COUNTY and HOSPITAL agree that neither party, nor any agent, officer, or employee of either, shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this MOU separate and apart, inferior to, or superior to, the community in general, or for the purposes contemplated in this MOU. 8.2 Both COUNTY and H©SPITAL understand that the employees provided by HOSPITAL for the purpose of this disaster drill remain the employees of HOSPITAL. Execution of this MOU does not create any employment relationship, contractual or implied, between said employees and COUNTY. 03/28/2007 County's Initials _ Hospital's Initials Page 3of5 Section 9. Faxes. COUNTY is exempt from payment of Florida State Sales and Use taxes. Section 10. Severability. If any term or provision of this MOU shall to any extent be held invalid or unenforceable, the remainder of this MOU,ghall not be affected thereby, and each remaining term and provision shall be valid and enforceable to the fullest extent permitted by law. Section 11. Waiver. The failure of either party to this MOU to object to or take affirmative action with respect to any conduct of the other in violation of any term or condition of this MOU shall not be construed as a waiver of the violation or breach, or a waiver of any future violation, breach, or wrongful conduct. Section 12. Counterparts. This MOU may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. Section 13. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County, corporate or individual action, as required by law. Section 14. Covenant of No Interest. The parties covenant that they do not presently have any interest, and shall not acquire any interest, which would conflict in any manner or degree with performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. Section 15. Code of Ethics. COUNTY and HOSPITAL agree that officers and employees of the COUNTY recognize and will. be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information.. Section 16. No Solicitation/Payment. Each party warrants that, with respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other;. consideration contingent upon oy- neaulting from the award or making of this Agreement. For the breach or violation of the provision, the Hospital agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 03/28/2007 County's Initials Hospital's Initials Page 4 of 5 Section 17. Non -Waive- o Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first above written. ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk MONROE COUNTY ATTORNEY AP ROV D AS T F A i YTHIA l.. A. ASSISTANT COUNTY ATTORNEY Date — ,? — Q 03/28/2007 Page 5 of 5 By Mayor MARATHO H.M.A,, INC., D/E/A FISHERM^� OSPITAL, By —5 1�Z)151 imberly Bassett, RN, MBA Chief Executive Officer County's Initials Hospital's initials& Contract Number: 07DS-5N-11-54-01- 3 ,57 CFDA Number: 97.067 FEDERALLY -FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Monroe County Emergency Management, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. 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 Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; -and - C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform 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 Division shall be governed 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 Julyr�, 2©QiS and shall end January 31; 2008 unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. I Tr (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 performance under this Agreement shall be subject to the federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms 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 Division 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 Division 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 Division 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 personatproperty Varued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. after closing of title. 3. Records relating to real property acquisition shall be retained for five years 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 form sufficient to determine compliaece with the requirements and objectives of the Budget and Scope of Worst - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (B) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in IN accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal 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 of Community Affairs and/or the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a 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 c-OndUcted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance with the guidelines 3 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 OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient direct[ to each of the following: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 an electronic copy shall also be submitted to the above office at the following address: aurilla.parrish @ dca.state.fl.us and Division of Emergency Management Bureau of Compliance Planning and Support 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), OMB 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 10'h 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 following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 an electronic copy shall also be submitted to the above office at the following address: aurilla.pEtrrish@doa.state.fl.us and Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department and the Division 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 and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations). Rules of the Auditor General, 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 Division of all funds not spent in accordance with these applicable regulations and Agreement provisions Within thirty(30) days after the Department br the Divisidn*fias notified the Recipient of such non-compliance. a) 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 Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department and the Division 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 Division with quarterly 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 information as requested by the Division. (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or 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 Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work, Attachment A. (e) The Recipient shall provide such additional program updates, reports or information as may be required by the Division. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well -as that of7ts- " 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, Attachment A is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such 2 review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB 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 Division staff, limited scope audits as defined by OMB 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 Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient 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 Division, 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 Default"), all obligations on the part of the Division to make any further payment of funds hereunder ghall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division 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 Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division 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 term 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 Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Division 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 any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, pravided that the Recipient is giverr at least ttlirty (30) days prior written notice of such termination. 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; (.] (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or,,any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to, 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning 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 Division for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing 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 any one of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate 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 perform in -a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. w (b) The Division may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate tf]is Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division 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 Division from the Recipient is determined. (13) NOTICE AND CONTACT, (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative 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 Division contract manager for this Agreement is: Carolyn Washington, Community Assistance Consultant Division of Emergency Management Finance and Logistics, Grants Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1271 Fax: (850) 488-7842 Email: carglyn.washington@dca.state.fl.us (c) The name and address of the& presentative of the Recipient responsible -for -the administration of this Agreement is: 4qQ &P4 yl so tS-o A QKI ibb VL 53 Telephone:,'i . Zeq,G 1 R Fax: Email: 4i -r to Attachment E — Certification Regarding Debarment Attachment F — Assurances (17) FUNDING/CONSIDERATION (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $20,309 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(1 6), Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. 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 Chief Financial Officer, the State Office of Planning and Budgeting or the Federal Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall termipate, and the Recipient shall submit its cioseoutxeport within thirty (30) days of receipt of notice from the Division. 12 (18) REPAYMENTS All refunds or repayments to be made to the Division 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 FI_ 32399-2100 In accordance with Section 215.34(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 Division 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 terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division 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) 413-5516. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Dtvi9l0h and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. 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 otherwise ignenforceable, then such provision shall be deemed null 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 Division 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, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et 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. (f) 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) 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; 14 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.4federal, 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 Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment D) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Division prior to the Recipient entering into a contract with any prospective subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 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. 0) 1 f otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division 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 15 provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (1) If the Recipient is allowed to temRorarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Division 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 oron 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 I� making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 'y" 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. 17 (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 Division for a determination whether patent protection will be 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 reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. 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 Division 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. SAMAS # STATE OF FLORIDA FID# ,`� - (00 DIVISION OF 777AGEIIENT BY: 1 Name and Title: W. Craig Fugate, Director of the ©ivision of Emergency Management Date: /� f —e MONROE COUNTY ATTORNEY ROVi~Q A5 TO 1= R�II: NATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY ate I - 19 EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIRIENT 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 (list Federal agency, Catalog of Federal Domestic Assistance title and number) — CFDA #97.067 $20,309 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 2006-07 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. 2. Recipient is subject to all administrative and financial requirements or will be in violation with the terms of the agreement. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program f, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to haw the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215,97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 20 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. •1- No more than 3% of the total award may be expended on Man``agement and Administration costs by the Recipient. At the discretion of the Recipient, funds allocated to Management and Adm inisiration (as described in the "Proposed Program Budget") may be put towards Programmatic costs instead. 14- The transfer of funds between planning, training, exercises and management & administration is permitted, forthis contract only, whereas management & administration costs do not exceed 3% of the Recipient's total award. ?ley."�!L 21 Attachment A 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 06 as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract manager listed in this contract via email or letter, Quantit Un)?t Cosf Tof o Public Education/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 full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities Travellper diem related to planning activities Overtime and backf III costs — Payment of overtime expenses will be for work performed by award (SAA) or sub -award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. Y� - P� x4Tx" 3w^, �,.:,p' iZx ,? _ L i-;'i.-"-{y ''•. _ i+ `zZ- Allowable Training Coats ��, Y'..'"� _.fir - rs' �` l Quetity d �'�z" .n yRtt Cos- „t i s Tatal,Cast r r 5. .Y--'-'. �- ., n..�F"-.uxi < >..se f�6'. �a-'rx S.;v� , .,Ca.»r ✓.Y.�:-.:.. �� .,.3r .! ,. ( _wr.� ...� 3-;., t ✓ �-^ _ ..,:: < ; <`".e., b .rfei Overtime and backfi[i funding for emergency preparedness and response personnel attending G&T-sponsored and approved training classes. Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in G&T training. Training workshops and Conferences - Grant funds may be used to plan and conduct training 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. Pull or Part Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support training -related activities. Payment of — - salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured by the state in the design, development, conduct, and evaluation of CBRNE training. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. 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 OGT-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 1 further information on federal law pertaining to travel costs please refer to httpJ/www.ojp.usdol.gov/F!nGuide. 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). Other Items - These costs include the rental of spaceiiocations for planning and conducting training, badges, etc. A complete list of G&T approved courses may be found at www.oio.usdol.ciov/odpYdocs/Eligible Federal Courses.pdf ic.- �Q �C- �io ����-Ei� = Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part -Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exerolse-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured 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 backfIH costs — Overtime and backfill costs associated with the design, development and conduct of GSRNE exercises are allowable expenses. i Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating In G&T 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 m ust 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.goviFinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exeLcise project(s) (e.g.,- copying paper, gloves, tape, non -sterile masks, and disposable protective equipment). Other Items - These costs include the rental of space/locations for exercise planning and conduct, exercise signs, badges, etc. The scenarios used in SHSGP funded exercises must be terrorism -related and based on the State Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. A state or local jurisdiction that conducts an exercise using SHSGP funds must follow the HSFEA doctrine and protocols located athtt :/lwww.o' _usdo'. ov/od /exercises.htm#hsee , 23 1✓itglE�fe Matt�genterlt: atzt:i �dttrirt>Isfrafron Ce►sts ; < f ma9emenanci adtnfnjstraian costs maytot excesd 3% of ttte-Real fsnt's.tataf;awara Hiring of full-time or part-time staff or contractors/consultants: 4. To assist with the management of the FY2006 SHSGP To assist with design, requirements and the implementation of the FY2006 SHSGP L To assist with the implementation and administration of the State . v- Homeland Security Strategy, as it may relate to the FY2008 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to: a HSGP pre -application submission management activities and application requirements. 4- Meeting compliance with reporting/data collection requirements, including data calls. Development of operating plans for information collection and processing necessary to respond to DHSIOGT data calls. Overtime and backsfill costs -- Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of G&T — approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to G&T-- approved activities outside their care responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full — Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services Is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case Is dual compensation allowable. That Is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 prn to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation, Travel expenses Meeting -related expenses (For a complete list of allowable meeting - related expenses, please review the OJP Financial Guide at hftp://www.ojp.(jsdoi.gov/FinGuide). Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. The following are allowable only within the contract period: 4� Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. .t. Leasing and/or renting of space for newly hired personnel to administer programs within FY05 SHSGP. TGTl. 24 Scope of Work Funding is provided to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 2006 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: Categories and Eligible Activities 06. Planning, Training and Exercises for Local and Regional Efforts FY2006 SHSGP, Issue 06, allowable costs are divided into the following categories: planning, training and exercises. In addition, management and administration costs are also allowable. Management and administration costs may not exceed 3% of the Recipient's total award. A. Planning Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: • Costs associated with implementing the National Preparedness Goal and Guidance • 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 interoperability 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 o Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils o Citizen Corps activities in communities surrounding critical infrastructure sites, including Neighborhood Watch, YIPS, and other opportunities for citizen participation o Evaluating CIP security equipment and/or personnel requirements to protect and secure sites a CIP cost assessments, including resources (financial, personnel, etc.) required for security enhancements/deployments. Developing related terrorism prevention activities including, including but not limited to the following: O Planning to enhance security during heightened alerts, during terrorist incidents, • and/or during mitigation and recovery. Multi -discipline preparation across first responder community, including EMS for • response to catastrophic events and acts of terrorism. • Public information/education: printed and electronic materials, public service 4 announcements, seminars/town hall meetings, web postings coordinated through 25 • local Citizen Corps Councils. • Citizen Corps volunteer programs and other activities to strengthen citizen • participation. • Conducting public education campaigns, including promoting individual, family • and business emergency preparedneg's; promoting the Ready campaign; and/or • creating State, regional or local emergency preparedness efforts that build upon • the Ready campaign. • Evaluating CIP security equipment and/or personnel requirements to protect and • secure sites. • CIP cost assessments, including resources (e.g., financial, personnel) required for • security enhancements/deployments. Developing and enhancing plans and protocols, including but not limited to: • Developing or enhancing EQPs 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 enhancing evacuation plans. • Developing or enhancing citizen surge capacity. Developing or conducting assessments, including but not limited to: • Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans. • Conducting cyber risk and vulnerability assessments. • Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and State resources. • Activities that directly supportAhe identification of specific catastrophic insident - priority response and recovery projected needs across disciplines (e.g. law enforcement, fire, EMS, public health, behavioral health, public works, agriculture, information technology, and citizen preparedness). • Activities that directly support the identification of pre -designated temporary housing sites. 26 B. Training FY 2006 SHSP funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training program. Allowable training -related costs include: 1. Establishment of support for, conduct of, land attendance at preparedness training programs within existing training academies/institutions, universities, or junior colleges. Preparedness training programs are defined as those programs related to prevention, protection, response, and or recovery from natural, technical, or manmade catastrophic incidents, supporting one or more Target Capabilities in alignment with national priorities as stated in the Goal. Examples of such programs include but are not limited to CBRNE terrorism, critical infrastructure protection, cyber security, and citizen preparedness. 2. Overtime and backfill costs associated with attendance at G&T-sponsored and approved training courses. SHSP may also be used for training citizens in awareness, prevention, protection, response, recovery skills C. Exercises SHSP funds may be used to design, develop, conduct, and evaluate exercises that: • Provide homeland security preparedness personnel and volunteers a venue to practice prevention, protection, response, and recovery activities. • Evaluate prevention and response plans, policy, procedures, and protocols, including NIMS and NAP. • Assess the readiness of jurisdictions to prevent and respond to terrorist attacks. • Encourage coordination with surrounding jurisdictions in prevention, protection, response, and recovery activities. Exercises conducted with OGT support (grant funds or direct support) must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes 1-111 contain guidance and recommendations for �- designing, developing, conducting, and evaluating exercises. HSEEP Volumes 1-III can be found at OGT's website at http://Vw3k.o'2.usdoL.gov/odp/exercises.htm, Volume IV, which contains sample exercise materials and documents, can be found on OGT's Secure Portal at https://odp.esporty � als,com or http://www,ilis.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, nuclear, 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 HSP©-8: 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 stale 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 (AAA) and Improvement Plan will be prepared and submitted to the State following every TTX, drill, FE, and FSE. AAR/IPs must be provided to the State within 30 days following completion of each exercise (see HSEEP Volume II, Appendix A), D. Management and Administration - no more than 3% of each sub -recipient's total award may be expended on Management and Administration costs by the sub -recipients Hiring of full-time or part-time staff or contractors/consultants: • To assist with the management of the FY2006 SHSGP • To assist with design, requirements and the implementation of the FY2006 SHSGP • To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY2006 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/OGT data calls Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of G&T — approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to G&T — approved activities outside their core responsibilities_ Neither overtime nor Backfill expenses are the result of an increase of Full — Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting -related expenses (For a complete list of allowable meeting -related expenses, please review the OJP Financial Guide at http://www.oip.usdo'.gov/F!nGuide). Acquisition of authorized office equipment, including: • Personal computers • Laptop computers • Printers • LCD projectors, and • Other equipment or software which may be required to support the implementation of the homeland security strategy — The following are allowable only within the 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 FY2006 SHSGP FE. I 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 accordance 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 result of G&T-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 G&T-approved activities outside their core responsibilities. The OJP OC does not distinguish between Overtime and Overtime as Backfill — they are both viewed as overtime regardless of whether the individual has performed more hours in their normally assigned place of duty or if the overtime accrued as a result of being re -assigned to a different place of duty. Overtime and backf ill do not result in an increase of full-time employees (FTEs). It. 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 FY2006 is a critical year for initial NIMS adoption, the Recipient should start now by prioritizing FY2006 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to facilitate its implementation. 1. Minimum FY2006 NIMS Compliance Requirements • Incorporating NIMS into existing training programs and exercises; • Ensuring that federal -preparedness funding supports NIMS implemertation (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). 29 2. Local units of government should support NIMS implementation by: • Having relevant personnel complete the NIMS Awareness Course: These independent study courses are available on-line and will take between forty-five minutes to three hours -to complete. The course is available on the Emergency Management Institute web page at: http://training.fema gov • Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will provide sample language and templates to assist in formally adopting NIMS through legislative and/or executive/administrative means. Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The NIC is developing a web -based self -assessment system, the NIMS Capability Assessment Support Tool (NIMCAST) 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 access to the system. 3. FY 2006 and FY 2007 Requirements In order for the State to receive FY2006 preparedness funding, the compliance requirements described above must be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from the NIC. The NIC web page, htt ://www.fema. ov/nims, will be updated regularly with NIMS information and implementation guidance. Note: All FY 2006 Homeland Security Grant Program Grant Guidance can be found at http.,//www.oip.usdo'.gov/odpldocs/fv2006hsqp.pdf B. Monitoring - Florida Division of Emergency Management US Department of Homeland Security Grants Program Grant Monitoring process Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the grant activity and items purchased or developed. The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring the programmatic and .capability portion of the grant to include equipment procurement and compliance with applicable DHS grant guidance. Monitoring is accomplished utilizing various methods including desk monitoring and sfte vtsits. There are two primary areas reviewed during monitoring activities -financial and programmatic/capability. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records, 30 Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is defined as the review of projects, financial activity and technical assistance between the program office and the applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by steam or members of FDEM or their designee, to actually observe records, procedures and equipment. For 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. • 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 of the agenda priorto the meeting and a roster afterthe 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. For Training 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 conduct training, the Division will require the title of course, instructor's name and a list of attendees priorto course delivery. Afterthe course has been delivered, the Division will require a roster of actual participants. For Exercise 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 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. Participating in exercises will count towards the site visits. Site Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will -be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, FDEM personnel may request copy of plans and/or procedures or participate in training or exercises. 31 Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Site Visit FDEM personnel will review the site visit workshe@t•.as a team and receive notes from the Financial Review Team, if applicable. Within 15 days of the site visit, a monitoring report will be generated and sent to the grantee explaining any citations and corrective actions or recommendations. The Site Visit Worksheet and reports will then be included in the grantee's file along with any documents distributed at the site visit by the grantee. Ill. Reporting Requirements A. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. Procrrammatic Reportina Schedule Reporting Period Report due to DEM no later than January 1 through March 31 Aril 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 Januar 31 Programmatic Reporting: Information to Report On reporting After the end of each reperiod, .,, ,. _ p g peri 'od for � he life of the contract, the Division will provide a Biannual Strategy and Implementation Report worksheet to the Recipient Point of Contact listed in this contract. This worksheet will 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 i — September 30, 2006 reporting period. B. Reimbursement Requests: A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be included for every dollar amount listed in the "Detail of Claims" form. C. Close-out Programmatic Reporting: 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. 32 IV. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Carolyn Washington Farrah Gosford FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 410-1271 (850) 413-9974 carol n.washinoton@dca.state.fl.us J fa rrah. osford@dca.state.fl.us V. Contractual responsibilities The FDEM shall determine eligibility of projects and approve changes in scope of work. The FDEM shall administer the financial processes. 33 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) Attachment B Program Statutes and Regulations La4W'. 53 Federal Register 8034 Federal Acquisition Regulations 31.2 and 031.2 Section 1352, Title 31, US Code OMB Circulars A-21, A-87, A-110, A-122 Chapter 473, Florida Statutes Chapter 215, Florida Statutes Section 768.28, Florida Statutes Chapter 119, Florida Statutes Section 216.181(6), Florida Statutes Cash Management Improvement Act Of 1990 American with Disabilities Act Section 112.061, Florida Statutes Immigration and Nationality Act Section 286.011, Florida Statutes E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 28 CFR applicable to grants and cooperative agreements 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 Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. Federal Acquisition Regulations 31.2 and 931.2 34 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. [ I NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET I l ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) FFY FFY FFY Total DESCRIPTION 2003-2004 2004-2005 2005-2006 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 b line 1.) First three months expenditures need only be provided for the years in which you requested an advance. it you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ Cell D3 DCAIDEM Award MAXIMUM (Do not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCAIDEM 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. 35 Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 2006-2007 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS {Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 36 Attachment Warranties and Representations Financial Management ��•.. Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify 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. Competition. 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, and 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 clearly 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. 37 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. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. W. Attachment E 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 Name and Title Street Address City, State, Zip Date Recipient's Name Division Contract Number 39 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 govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 410), 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. 40 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 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67,620. 41