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Agenda 01/13/2009 Item #16F 5Agenda Item No. I6F5 January 13, 20C9 Page 1 of 39 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an Agreement between Collier County and the Florida Division of Emergency Management accepting the Citizen Corps Grant award totaling $7,000 and approve a budget amendment to recognize and appropriate the grant funds. OBJECTIVE: This grant will greatly support the Presidentially mandated Collier County Citizen Corps Advisory Committee and the Collier County Emergency Management Department in their efforts of bringing community and government leaders together to involve community members in all- hazards emergency preparedness, planning, mitigation, response, and recovery. CONSIDERATIONS: The funding from this grant will allow the Citizen Corps Advisory Committee to better serve its mission of bringing community and government leaders together to involve community members in all- hazards emergency preparedness, planning, mitigation, response, and recovery. The committee can expand its public outreach and provide additional educational opportunities for our citizens. Furthermore, this grant will allow the committee to better support all local Community Emergency Response Teams (CERT), teams that greatly assist Emergency Management and other Public Safety entities (Fire, EMS, Police) in the initial aftennath of any and all disasters. This community -based preparedness planning is essential for the first 72 hours and allows for emergency response agencies to set up and prepare for an organized response to and recovery from a disaster. There is a similar grant request from EMS to start up a CERT team at Ave Maria; however, there is a separate funding mechanism for this endeavor. FISCAL IMPACT: There will be an increase in revenue by budget amendment totaling $7,000 to Fund 1 1 S (Emergency Management (Irants) for FY 09. No matching funds are required. LEGAL CONSIDERATIONS: This item is not quasi - judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board action. — CMG GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: 'that the Board of County Commissioners approve and authorize the Chairman to sign an awarded Citizen Corps Grant Agreement totaling $7,000 from the Florida Division of Emergency Management and approve the associated budget amendment. Prepared By: Joseph W. Frazier, Homeland Security Coordinator, Department of Emergency Management Paue 1 of 1 Agenda !tem No. 16F5 January 13.2009 Page 2 of 29 fi 1 e: / /C:AA Benda' lest \Exuott\ 121 -J an uary %2013. %202009 \16. %2000N S ENT %20AG EN DA \... 1/7/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161 Item Summary: Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an Agreement between Collier County and the Florida Division of Emergency Management accepting the Citizen Corps Grant award totaling $7,000 and approve a budget amendment to recognize and appropriate the grant funds. Meeting Date: 1 113;2009 9 .00:00 AM Prepared By Joseph Frazier Purchasing Agent Date Administrative Services Purchasing 12119;2008 9:40:20 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 12/2212008 8:27 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 12;22!2006 11:43 AM ,Approved By Debra Eurom Assistant Grant Coordinator Date Administrative Services Administrative Services 12123;2008 12:10 Pfd Approved By Sherry Pryor Management & Budget Analyst Data County Manager's Office Office of Management & Budget 12:29;2008 3:55 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1212912008 5:48 PM fi 1 e: / /C:AA Benda' lest \Exuott\ 121 -J an uary %2013. %202009 \16. %2000N S ENT %20AG EN DA \... 1/7/2009 �9. J �a Item No. 1G_y January 13, 20-,9 Pane 3 of 39 Contract Number: 09CC- CFDA Number: 97.067 FEDERALLY- FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division "), and Collier County, (hereinafter referred to as the "Recipient "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein, and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin September 1, 2008, and shall end 18 months after the date of execution, but no later than May 31, 2010, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A -110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State and Local Governments," OMB Circular No. A -21, "Cost Principles for Educational Agenda i:em No. 16F5 Jarnuiary 13, 2009 Page 4 of 39 Institutions," or OMB Circular No. A -122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for - profit) organization on a cost - reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. 'Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable limes for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. Agenda sEm i,o. 16F5 anuary 13, 2009 Page 5 of 39 (d) If the Recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Division. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Recipient to: The Division at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 [also send an electronic copy to aurilla .parrish @dca.state.fl.us] and Division of Emergency Management Bureau of Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (submit the number of copies required by Sections .320(d)(1) and (2), OMB Circular A -133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 1 01 Street Jeffersonville, IN 47132 Agenda Item No. 16F5 January 13, 2009 Page 6 of 39 Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the Division at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 [also send an electronic copy to aurilla .parrish @dca.state.fl.us] and Division of Emergency Management Bureau of Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, (1) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non - compliance. Q) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year, (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close -out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. n Y Fe;:,a Item "o. 1n "FS January 13, 2009 P.a je 7 of ;;9 (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close -out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) RE"^EDIES. ",°.ceeptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and /or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Division. In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in Agenda !tem No. 1 EF5 January 13, 2009 Page 8 of 39 claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be 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. (10) DEFAULT. If any of the following events occur ( "Events of Default "), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address in paragraph (13) herein; Agreement; (b) Begin an appropriate legal or equitable action to enforce performance of this (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. a;wD7y13,LOU9 P<o.;re 9 of 39 (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined fo be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set -off until the exact amount of damages due the Division from the Recipient is determined. agenda !tern No. 1GF5 Jsnuary13,2009 Page 10 of 39 (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Nikki Hines 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Telephone: 850 - 413 -9894 Fax: 850- 488 -7842 Email: nikki. hines @em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dan E. Summers Director, Bureau of Emergency Services 3301 E. Tamiami Trail Naples, FL, 34112 Telephone: 239-252-8000 Fax: 239-775-5008 Email: DanSummers(a)colliergov.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. Ag,,ccn i em No. 15F5 ouary 13 2009 Paoe 11 of s9 (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Justification of Advance Attachment D — Warranties and Representations Attachment E — Certification Regarding Debarment Attachment F — Statement of Assurances (17) FUNDING /CONSIDERATION (a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $7,000, subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash needs of the Recipient within the first three months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A -87, A -110, A -122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. An advance payment of b is requested (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (20) (h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. Agenda Item No. 16F5 January 13, 2,009 Page 12 of 39 (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs' and mailed directly to the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 at seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide anv 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 10 r,.l -rlda liei11 Id o. 1'JF5 ,lan;.ary 13, 201'09 Fage 13 of 29 consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification, and 4. have not within a five -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Fla. Stat. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. it Agenda Item No. 167-5 January 13, 2009 Page 14 of 39 (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA" )j. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A (e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o) All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." 's.;;enda Item fdo. 1GF5 anuary 13 2009 Page 15 of 29 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre- existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre- existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. ,o u Agenda Item kb. 16F5 ,January 13: 2009 Page 'i 6 of 39 (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: COLLIER COUNTY By: Name and title: Chairman, Board of County Commissioners Date: FID# 59- 6000 -558 ATTEST: Dwight E. Brock, Clerk Approved as to Form and Legal Sufficiency A Deputy Clerk STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT Assistant County Attorney By: Name and Title: W. Craig Fugate. Director of the Division of Emergency Management Date: 14 4�cnda Mein "�Ic. 16F5 January 13, 2009 Pane I7 of 39 EXHIBIT —1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the same information shnwn belnw for each Federal program and show total Federal resources awarded. Federal Program Federal agency: Department of Homeland Security Catalog of Federal Domestic Assistance title and number: 97.067 Award amount: $ 7,000 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE., If the resources awarded to the Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 2008 -2009 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. 2. Recipient is subject to all administrative and financial requirements or will be in violation with the terms of the agreement. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the Recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. 15 Age ida Item No. ?6; 5 January 13, 2009 Page 18 of ;,9 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. 16 ;.em No. 16F5 January 13 2009 p aae '9 of 39 Revised Attachment A Budget and Scope of Work Proposed Program Budget Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet' below. 14. No more than 3% of the total award may be expended on Management and Administration costs by the Recipient. w At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed Program Budget') may be put towards Programmatic costs instead. .i the transfer of funds between planning, training, exercises and management & administration is permitted, for this contract only, whereas management & administration costs do not exceed 3% of the Recipients total award. .Grant Recipient Agency... Category .. Amount Allocated. Planning Training Enter $amt here Exercises FY 2009 State Homeland Security Grant Equipment Program —Issue 54 Citizen Corps program Enter name here Management and Administration (The dollar amount which corresponds to 3 °% of the total Enter $ amt here allocation is shown in the column on the right.) _.. _.. Total Award '.. dr Agenda liem No. 16F5 .January 112009 Page 20 of 39 Budget Detail Worksheet "1'he Recipient is required to provide a completed budget derail worksheet, to the Division, which accounts for the total award for issue 59'. Citizen Corps program 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. Budget d et Wviofirek6 s h e- Eet l iDgiebflae Aed cn G AllowablePlannin Costs Qoaotlty .Unit Cost -. � Total Cost Public Education /Outreach Develop and implement homeland security support programs and adopt ongoing DHS national initiatives, including State Preparedness Reports Develop and enhance plans and protocols Develop or conduct assessments Establish, enhance, or evaluate CAIL"Corps- related volunteer programs CERT (1) Enhancements S7.000 $7,000 Hiring of full or part -time staff or commuctors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities Travel /per diem related to planning activities Overtime and baekfill costs — Payment of ovRtimc expenses will he for work performed by award (SAA) or sub -award employees in excess of tike estabhSoed work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under CITIZEN CORPS PROGRAM. Allowable Training Costa Quantity Unit Cost Total Cost Overtime and backfill funding for emergency preparedness and response personnel attending FEMA- sponsored and approved training classes and technical assistance programs. Grantees may also use grant funds to cover overtime and baekfill expenses for part-time and volunteer emergency response personnel participating in FEMA trainino. 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. is Agenda I,eln No. 16F5 ;anuary 13, 20r19 age 21 of 39 Full or Part -rime Stab or Contractors /Cunsultants - Full or part-lime staff maybe hired to support training - related activities. Payment of salaries and fringe benefits must he in accordance with the policies of the state or local units) of govern ment and have the approval of the state or the awarding agency, whichever is applicable. The serviecs of contactors /consul rants may also be procured by the state in the design, development, conduct, and evaluation of CHRNE training. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc_) arc allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the training projecf(s) or for attending ODP- sponsored courses. These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or Territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJ)"Finaocinl Guide. For further information on federal law pertaining to travel costs please refer to haul /cow, ,j .usdoLepv,Finanpia Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the training project(s) (c g.. copying paper, gloves, tape, and non - sterile masks). Tuition for higher education Other Items - These costs include the rental of space)locanons for planning and conducting Training, badges, etc_ Allowable Exercise Costs Exercises specifically designed for or that include participation from non - governmental entities and the general public are allowable activities and may include testing public warning systems, evacuation /shelter in -place capabilities. f3m1ly /sch00Fbusiness preparedness, and participating in table -lop or full scale emergency responder exercises at the local, State, or national level, to include Top Officials Exercise (TOPOFF)_ More information listed at htttPr1iseco dhs.eov Quantity Unit Cost Total Cost 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 co.gm materials and supplies, travel and exercise plan develepni —I Full or Part -Time Staffor Contractors/Consultants - Full or part-time staff may be hired to support cxevctse- 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 ofcontraclors /consultants may also he procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed_ Overtime and backfill costs - Overtime and backfill costs associated with the design, development and conduct of CHRNE exercises are allowable expenses. Grantees may also use grant funds to cover overtime and backfill expenses for part-lime and volunteer emergency response personnel participating in FEMA CxerCiSf.S. Implementation of HSEEP (homeland Security Fxet ;ise and Evaluation Prngmm) 19 Ay ?nda Item No. 16F5 January 13. 2009 Pale 22 of 39 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 he in accordance with state law as highlighted in the OJP Financial Guide. States most also follow state regulations regarding travel. If a suite or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http:;' %aw.ojp.usdoj.gov /tinwcialguide Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise projechs) (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. Eligible Equipment Acquisition Costs, The table below highlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment categories, and specific equipment eligible under each category, can be found on the web -based Authorized Equipment List (AEL) at hUl Pwww.rkh us • Register on the website (optional) Log into the website Select the SELAEL tab Select AEL Only To identify items within the eligible categories, select the box that reads "List Contains All Items Click Here to Customize by Grant ". Then mrcheck all the grants listed except for Citizen Corps Program (CCP) and select the Customize Button. The CCP includes Community Emcrgeney Response Yearns activities. If you wish to purchase a piece of equipment from any of the eligible categories listed below for Citizen Corps Program, indicate the "AEL item number" and `title ", in the empty space provided below that cate o . e.g., "AEL Item Number' Here, "Title" Isere Quantity Unit If Total Cost [01 ] Personal Protective Equipment (limited to Respiratory Protection Equipment: Disposable Respirator and PPE Accessories Eye Protection and other Accessories) [031 CRRNE Operational and Search and Rescue Equipment Technology [041 Information Technology [05] Cyber Security Enhancement [6] Interoperable Communications Fquipment [09] Medical [10] Power [12] CBRNF Incident Response Vehicles I [19] CRRNE Logistical Support Equipment j21] Other Authorized Equipment 10 AgerGa tens !:o. 16F5 January 13, 20Q9 Page 23 of 39 Eligible Management. and Administration Costs (management and Quantity Unit Cost Total Cost' administration costs may not exceed 3% of the Recipient's total award): - Hiring of full -time or part -lime staff or contractors/consultants; 1 To assist with the management of the FY 2008 Citizen Corps Program 4 To assist with design, requirements and the implementation of the FY 2008 Cifizen Corps Program 1 To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY 2008 Citizen Corps Program Hiring or full -time or part -time staff or contractors/consultants and _ expenses related to 1 Citizen Corps Program pre - application submission management activities and application requirements. 1 Meeting compliance with reporting/data collection requirements, including data calls. Development ofoperating plans for information collection and processing necessary to respond to DHS /ODP data calls. Overtime and backfill costs — Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of this award unmoved activities- Baekftll Costs also called "Overtime as Buckfll" 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 grant activities — approved activities outside their core responsibilities - Neither overtime nor backfill expenses are the result of an increase of Full — Time Equivalent (FTFs) employees_ These costs are allowed only to the extent the payment for such services is in accordance with the policies of the stale 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 Contribution Net (FICA), Workers' Compensation mid Unemployment Co_m_pcnsa_tinn. Travel expenses j Mecting- related expenses (For a complete list of allowable meeting- related i expenses, please review the OJP Financinl Ciodc at http: / /wwwnoh, U,tuj_ go, /fnunciulguide). Acquisition of authorized office equipment. including personal computers, laptop compute m rs, punters, i _CD projectors, and other equipent or software which may be required to support the implementation of the homeland security strategy. The following are allow able only within the contract period: +4 Recurring fees /charges associated with Citizen Corps program equipment, such as cell phones, faxes, etc. 4. 1_casing and/or renting of space for newly hired personnel to administer programs within IY 2008 Citizen Corps Program. TOTAL $7,000 �r u Agenda Item No, 16F5 January 13, 2009 P3ae 24 of 39 SCOPE OF WORK Funding is provided to perform eligible activities as identified in the Domestic Homeland Security— Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2008, Citizen Corps program, consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Categories and Eligible Activities Issue 59: Citizen Corps FY 2008 Citizen Corps program, allowable costs are divided into the following categories: planning, training, exercises, equipment and Management and Administration. Management and administration costs may not exceed 3% of the Recipient's total award. A. Planning • Public education and Outreach. • Developing and implementing homeland security support programs and adopting DHS national initiatives. • Developing related terrorism prevention activities. • Developing and enhancing plans and protocols. • Developing or conducting assessments. B. Training Funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training program. Allowable traming-related costs include: • Establishment of support for, conduct of, and attendance at preparedness training programs within existing training academies /institutions, universities, orjunior 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 Community preparedness. • Overtime and backfill costs associated with attendance at G &T- sponsored and approved training classes and technical assistance programs. SHSP may also be used for training Community in awareness, prevention, protection, response, recovery skills. Training courses are listed at vww.frstresnonderstrainin . my C. Exercises 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 NRP; • Assess the readiness of jurisdictions to prevent and respond to terrorist attacks. • Encourage coordination with surrounding jurisdictions in prevention, protection, response, and recovery activities; • Facilitates implementation of HSEEP, including developing and maintaining a self - sustaining State Homeland Security Exercise and Evaluation Program that is modeled on the national HSEEP. Fxercises conducted must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (IISEEP) IISEEP Volumes 1 -I11 contain guidance and recommendations for designing, developing, conducting, and evaluating exercises. Volume IV contains sample exercise materials and documents. All four volumes can be found at htto: / /hseepdhs.eov. . Exercises specifically designed for or that include participation from non - governmental entities and the general public are allowable activities and may include testing public warning systems, evacuation /shelter in -place capabilities, family /school/business preparedness, and participating in tabletop or full scale emergency responder exercises at the local, State, or national level, to include'rop officials Exercise (TOPOFF) More information listed at too //hseep dhs an All tabletop exercn,cs (TTXs), drills, functional exercises (FEs), and full -scale exercises (FSEs) will be evaluated and perfarmaace based. An After Action Report (AAfi) and brirovemc t Plan will be prepared and submitted to the State following every TTX, drill, FF, and FSF.. AAR/IPs must be provided to the State within 30 days following completion of each cxerc,s'e (see 11 SEEP Volume 11, Appendix A). anuary 13 2009 Paine 25 of 39 D. Equipment: FY 2008 Citizen Corps Program funds may be used far equipment acquisition from the FY 2008 Authorized Equipment List (A EL)- The FY 2008 AEL is available in its entirety online through the Responders Knowledge Base (RKB) at him 'I'www. rich . us. Authorized equipment for the Citizen Corps Program includes the following: • personal Protective Equipment • CRRNF Operational and Search and Rescue equipment • Information Technology • Interoperable Communications Equipment • Cyber Security Enhancement Equipment • Medical • Power • CBRNE Incident Response Vehicles • CBRNE Logistical Support Equipment • Other Authorzed Equipment E. Management and Administration - no more than 3% of each sub -recipient's total award may be expended on Management and Administration costs. 1. Hiring of full -time or part-time staff or contractorstconsultants: • To assist with the management of the FY 2008 Citizen Corps Program • To assist with design, requirements and the implementation of the FY 2008 Citizen Corps Program • To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY 2008 Citizen Corps Program 2. Hiring of full -time or part-time staff or contractorsiconsultants and expenses related to: o Meeting compliance reporting /data collection requirements, including data calls 3. Development of operating plans for information collection and processing necessary to respond to DHS data calls. 4. Overtime and backifill costs - Oocnimc 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 the award - approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working owTtime in order to perform the duties of other personnel who are temporarily assigned to training— approved activities outside their core responsibilities - Neither overtime nor backfill expenses are the result of an increase ofFall —Time Equivalent (FTFs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or urn(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 eovemment AND from an award for a single period of time (e &, 1 00 pm to 5'.00 pin), even though such work may benefit both activities Fringe benefits on overtime hours arc limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. 5. Travel expenses Meeting- related expenses (For a complete list of allowable meeting - related expenses, please review the OJP Financial Guide at ht to:1/ www .oiI2.usdoi.gov /financiaiguide). 6. 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 7. The following are allowable only within the period of performance of the contract: • Recurring fees /charges associated with Citizen Corps program equipment, such as cell phones, faxes, etc. • and /o.. _fspa e tnr erwly h d neraoenel t. administer pou"uns within the FY 2008 Cih,i a Corps Program. F. Unauthorized Expenditures • Expenditures for items such as gem_ral,_use sgo,are (word proreaaiug, spreadsheet graphics, etc.) �Z P.genda itam No. 1EF5 January 13, 2009 Page 26 of 39 — • 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 Citizen Corps Program • Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs • Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill G. Overtime and Backfill Guidance • Overtime: Expenses incurred by those personnel who, as a result of FEMA - approved activities, an performing over and above their normal, scheduled work hours or work week. • Backrill (also called Overtime as Backfill): Expenses incurred by those personnel who are working over and above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who are temporarily assigned to FEMA- approved activities outside their core responsibilities. The OR OC does not distinguish between Overtime and Overtime as Backfill – they are both viewed as overtime regardless of whether the individual has performed more hours in their normally assigned place of duty or if the overtime accrued as a result of being re- assigned to a different place of duty. Overtime and backfill do not result in an increase of full -time employees (FTEs). II. National Preparedness Initiatives 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 lo, and recover from domestic incidents, regardless of cause, size or complexity. Since FY 2008 is a critical year for initial NIMS adoption, the Recipient should start now by prioritizing FY 2008 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to facilitate its implementation. I. Minimum FY 2008 NIMS Compliance Requirements • Incorporating NIMS into existing training programs and exercises; • Completion of the NIMCAST tool; • Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the eligibility and allowable uses of the grants); • Incorporating NIMS into emergency operations planning; • Promotion of mutual aid agreements', and, • Institutionalizing the use of the Incident Command System (ICS). 2. Local units of government should support NIMS implementation by: • 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: hapn //lrainingfema.Rov • 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 2008 Requirements In order for the State to receive FY 2008 meoaredness funding, the comohance requirements described above muss be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from die NIC. the NIC web page, htmt / /www fcma.gcj n z, will be updated regularly with NIMS information and implementation guidance. Note: FY 2008 Citizen Corps Program Grant Guidance can be found at www.dhs.00v or www.rkb.us 24 !'Lett Na ,GF5 Jancary 13, 2009 Papa 27 of °9 B. National Preparedness System (NPS) The NB provides a tool to assist jurisdictions, agencies, and organizations at all levels to plan for, assess, and track capabilities in a shared environment. It integrates various efforts to provide the comprehensive picture of preparedness and progress toward achieving the Goal. Recipients are responsible fur /and required to report data into this developing system. III. Reporting Requirements A. Benchmarks 1. All funds shall be obligated within the first 6 months of the date of execution of the contract by both parties, no later than May 31, 2009. 2. No less than 50% of the funds shall be spent within the first 12 months from the date of execution of the contract, no later than November 30, 2009. 3. 100% of the funds shall be spent within 18 months from the execution of the contract, no later than May 31, 2010. 4. Any unobligated funds will be de- obligated at the end of this period and are subject to reallocation to other prioritized projects. S. Extensions to the period ofperformance will be considered only through formal requests to PDVM with specific and compelling justifications why an extension is required. All requests for extensions are subject to review and will not aummatical ly be granted. R. the following information and documeneauon must be provided in the Form 1 report due prior to???? DATE, 2008: 1. Onc-p age summary of meeting held between applicant and their corresponding County Emergency Management Office to discus's the Citizen Corps program. 2. A revised budget. 3. A dmelino for key activities during period of sub -gran. to include at a minimum: a. Official registering as a Citizen Corps Council by receiving official support from local authorized representative and submitting request on the National Citizen Corps Wcbsitc. b. Strategy and methodology for recruitment of members. C. Procurement of all materials and supplies to operate the council and to support public education and outreach acti,,.oes. d. Fsdmmed number of publications distributed to the public. C. Estimate numhcr of people mined in community preparedness and family safety measures, to include first aid, emergency preparedness, and general safety precautions. f. Estimate number of volunteers participating in formal programs relating to crime prevention. g. Plans to triturnon Citizen Corps members, indicating how they can be used to supplement emergency management activities in disaster and non - disaster situations, 11. Plans to utilize Citizen Corps in expanded program activities. i. A complete listing of all Citizen Corps Councils currently in their jurisdiction. Listing will include council name, general area of coverage, and contact person's email address and phone numbcr. j. Completion of the Citizen Corps Questionnaire 6. The Ihlluwing will be provided in all subsequent quarterly progress reports. 1. Documentation of registration as an official Citizen Corps Council. 2. A list of materials and supplies purchased for each Citizen Corps member funded under this sub -grant 3. A list of publications distributed to the public and funded under this agreement. 4. Roster(s) of volunteers trained during the grant period and informitmo of the new Citizen Corps Council. Rorie, should include, at a minimum: name of member and date training completed, and for new Citizen Corps Councils. Name of council, location coverage, contact information, including e -mail address and phone numbcr. 5. Sample copies Ofany materials Ic.g. news releases, brochures, videos, notices, letters, pictures or the like) produced to promote the Citizen Corps program under this sub -,nam and courtcny copies of other program ommormiord items. Agenda .'ern No. 16F5 January 13, 2009 Page 28 of 39 6. A list of other Citizen Corps activities related to this sub -grant. 7. Total amount of grant foods used to date and for what activities C. To submit with the quarterly report, a report of Citizen Corps program activation for emergency or non - emergency situations. Report should detail date, council name, number of Citizen Corps Program members activated, brief description of activity. This will include situations where Citizen Corps Program members have augmented a community's emergency management capability. Reporting Periods A. Quarterly Proerammatic Reportine: The Quarterly Programmatic Report is due within 30 calendar days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life of this contract Quarterly reports with the appropriate documentation as listed in Part II.B and C shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. • All instructional materials, classroom supplies, and instructional tools (i.e. fire extinguisher) must be purchased and a request for payment for these items must be received no later than DATE. Failure to comply may result in a termination of this agreement. • Programmatic/ Technical conference calls will be held quarterly on a schedule to be announced. These conference calls are mandatory and attendance of these conference calls will be taken through rule call. Failure to attend these calls may result in a termination of this agreement. • Recipient agrees to perform the pro)ect identified in said application utilizing the funds provided under this agreement. Matching Funds most meet program requirements. Proprom antic Renortfnp Schedule Reputing Period Report due to DEM no later than July 1 through September 30 September 30, 2008 October 1 through December 31 December 31, 2008 January I through March 31 March 31, 2009 Apnl 1 through June 30 June 30, 2009 July 1 through September September 30, 2009 B. Proerammatic Reporting After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual Strategic Implementation Report in the Grams Reporting Tool (GRT) hqtpsJhvww.reportinR.odp.dhs_go The reporting periods are January 1 -June 30 and July 1- December 31. Data entry is scheduled for December 1 and June 1 respectively. C. 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 Proe_ ram Bude_el ". A line item number is to be included for every dollar amount listed in the "Detail of Claims" form. D. Close -out Proerammatic Reportine: The Close -out Report is due to the Florida Division of Emergency Management no later than 60 calendar days after the ecmtruet is either completed or the contract has expired. 25 E. Monitoring: Florida Division of Emergency Management IS Department of Homeland Security Grants Program Grant Monitoring Process genes ! em NO. 16 5 !')'wary 13, 2909 Paae 29 of 39 Florida has enhanced the slate and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the grant activity and items purchased. The monitoring proecss detailed in this documai, is designed to assess a recipient agency's compliance with applicable state and federal r iidehnes. The FDEM is responsible for monitoring the financial, prngrammatic and rapahihty nrieurn of the oust to include equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations. Monitoring is accomplished utilizing various methods including desk monitoring and on -site visits. 'there are two primary areas reviewed during monitoring activities - financial and programmatic /capability. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is defined as the review of projects. financial activity and technical assistance between the program office and the applicant via e-mail and telephone, Site visits are defined as actual visits to the recipient agency's location by a team or members of the FDFM or their designee, to actually observe records, procedures and equipment. Freciel of annual monitoring activity: Each year the FDEM will identify up to 50% of sub - grantees for site visit monitoring. It is important to note that although a given grant has been closed successfully, it is still subject to either desk or on -site monitoring, Examples of areas that may he examined include: Management and administrative procedures Grant folder maintenance Equipment accountability and sub hand receipt procedures Progmm for obsolescence Status of equipment purchases Status (if training for purchased equipment Status and number of response trainings conducted to include number trained Status and number of exercises Status of planning activity Anticipated Protected completion Specific difficulties completing the project Agency NIMS/ICS compliance documentation In Citizen Corps progral circumstances, the FDEM may request additional innoturing/infonnation ifthe activity, or lack there of, on the part of the specific recipient has generated questions from the region, the sponsoring state agency or the FDEM leadership. She method of gathering this information will be dctermined nn a case- bycose basis. Desk monitoring is an on -going process. Agency recipients will be required to participate in desk top monitoring on an annual basis and as determined by the FDEM. The agency recipients will compete and submit the desk top monitoring within 14 business calendar days of receipt. 'firs contact will provide an opportunity to identify the need for technical assistance (TA) and /or a site visit if the FDEM dNCIT' cs that a recipient is having difficulty completing their project. As difficultics /deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the FDEM for assistance Examples of TA include but arc riot limited to Equipment selection or available vendors r Eligibility of items or services . u - u -strut arm parux' p r gill Lille] bps oltil _ ut., -tee [he 6 r disciplinc- Site Visits Sit" visits will he Conducted by the FDEM or their designated personnel_ Site visits will be scheduled in advanced with the recipient agency POC designated in the grantagreement. Monitoring questionnaires will be provided it advance of the visit 27 Agenda Item No, 15F5 _anuary 13, 2009 Page 30 of 39 The FDEM will also conduct coordinated financial and grant file monitoring. 'These monitoring visits will be coordinated with the capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. All findings related to the capability review will be documented and maintained within the FDEM. Site Visit Protocol The following outlines the monitoring protocol for the FDEM: The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all required tasks. Site Visit Preparation A letter will be sent to recipient agency Point of Contact (POC) sitting the purpose of the site visit and sent at least 30 calendar days before the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the grantee's program. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should he documented in the grantee folder before the site visit. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit. Prior to the visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient POC one business day in advance of the site visit, Site Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the fronts FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour /visual/spot inspection of equipment will be conducted. Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal (infornation/serod number) placed in a prominent location on each piece of equipment as per recipient agency requirements. The serial number should correspond with the appropriate receipt to contim purchase. Photographs should be taken of the equipment (large capitol expenditures in excess of $1,000. per item). If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Once the tour /visual/spot inspection of equipment has been completed, the FDEM personnel will than conduct an exit conference with the grantee to review the findings. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher /reimbursement, equipment, questions, etc Post Site Visit FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will also be generated and sent to the grantee. The grantee will submit a Corrective Action flan within a timeframe as determined by the FDEM. The Site Visit Worksheet, report and photographs will then be included in the grantee's file along with any documents distributed at the site visit by the grantee. K. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Contract Manager, Nikki Hine, Proeram Manager, 'Tina Mazanek FDEM FDEM 2555 Shumind Oak Blvd. 2555 Shwnard Oak Blvd. Tallahassee, FL 32399 -2100 Tallahassee, F1.32399 -2100 (850)413 -9894 (850)410 -1599 nikk _hines iierm rnyflonda.cnm Tina.nvazanek(mcmmy0orida.com 28 L. Contractual Responsibilities genwa Item PJo. I n F 5 January 13, 2009 Page 31 of 39 • The FDEM shall determine eligibility of projects and approve changes in scope of work. • The FDEM shall administer the financial processes. 19 u Agenda Item No. 16F5 January 13, 2009 Page 32 of 1',9 Attachment B Program Statutes and Regulations 1) 53 Federal Register 8034 2) Section 1352, Title 31, US Code 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, 6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234. 87 Stat. 975 8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 9) Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) 10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 12) 28 CFR applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 14) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 15) Title VI of the Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973, as amended; 17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 18) Title IX of the Education Amendments of 1972; 19) Age Discrimination Act of 1975, Department of Justice Non - Discrimination Regulations, 20) 28 CFR Part 42, Subparts C,D,E, and G 21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 10 Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Agenda I <n', No. 16F5 January 13. 2009 P; = -33f39 Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the Recipient within the initial three months of the Agreement. [x] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET I I 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 First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call your consultant and he or she will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ = Cell D3 DEM Award MAXIMUM (Do not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCA/DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. >1 (A) (B) (C) (D) FFY FFY FFY Total DESCRIPTION 2005 -2006 2006 -2007 2007 -2008 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1. First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call your consultant and he or she will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ = Cell D3 DEM Award MAXIMUM (Do not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCA/DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. >1 F,genda Item No. 16F5 January 13, 2009 Page 34 of 39 Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 2008 -2009 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS Include Secondary Administration. PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 32 4,enva liery-, No. 16 75 Jancary 13, 2009 Page 35 of :;9 Attachment D Warranties and Representations Financial Management Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be conducted in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offer or whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall dearly set forth all requirements that the bidder or offer or must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Recipient. ii Agenda Item No. 16x5 January 13. 2009 Paoe 36 of 39 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. 34 Agana It -- rn No. 16x5 January 13, 2009 ?aa 7 of 39 Attachment E Certification Regarding Debarment Suspension,inebgibgity. And VoTuntar'g Ezaiusiod`'' "' Subcontractor Covered Transactions (1) The prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Date Recipient's Name Division Contract Number I< JJ Agenda Item No. 16F5 January 13, 2009 Page 38 of 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, at seq.) 1 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 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting_ with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such 36 haenda Item r!o. 16F5 January 13, 2009 Page 39 of 39 properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure, Part 20, Criminal Justice Information Systems, Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination /Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non - discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of 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.