Agenda 12/02/2008 Item #16F 2
EXECUTfVES~RY
Agenda Item No. 16F2
December 2, 2008
Page 1 of 38
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Recommendation to approve a State Emergency Response Team Subgrant Agreement for the
Department of Homeland Security (DHS) and the State of Florida Division of Emergency
Management to establish a Community Emergency Response Team (CERT) Program for the Town
of Ave Maria in the amount of $9,000.00.
OBJECTIVE: To receive approval of a grant agreement for the start up of a CERT program for the
Town of Ave Maria that will enhance emergency services in this community.
CONSIDERATIONS: On May 13,2008, the Board approved the submittal of this grant, Agenda Item
16F7. The award of this grant was announced on July 2200. This grant was submitted by EMS to request
funding for a start up CERT program for the town of Ave Maria. The CERT program will allow for the
enhancement of emergency services within the town of Ave Maria, by involving the community, the
university and its members to function as partners with local emergency responders. Because the CERT
members are already on scene following a disaster, and the locale is isolated and subject to delay in
response, they playa vital role in the recovery phase prior to the arrival of first responders. CERT
members can distribute emergency supplies and equipment, assist in directing traffic and disseminating
information.
In addition to disaster recovery, CER T members contribute in day to day operations in such areas as
searching for a lost child and providing training within the community for hurricane preparedness, fire
safety and extinguishment, medical triage, etc.
,.-
The award of $9,000 is for the start up cost for the Ave Maria CERT program. These funds are to cover
the cost of training and equipping CERT members from the Ave Maria community. There are no
matching funds required for this grant. However, an in-kind match of an estimated $3,400 for office
supplies and to reproduce manuals will be made.
FISCAL IMP ACT: An estimated in-kind match of $3,400 for manual reproduction and office supplies
will be funded through EMS Fund 490 in FY08/09. A Budget Amendment for $9,000 is necessary to
recognize and appropriate the funds from the State of Florida Division of Emergency Management
Citizens Corps.
LEGAL CONSIDERATIONS: The State of Florida, Division of Emergency Management ("State")
requires that the County sign the Agreement before the State. Therefore, four copies of the Agreement
without State signature have been approved for form and legal sufficiency. This item is legally sufficient
for Board action. - JAB
GROWTH IMP ACT: There is no Growth Management Impact resulting from this action.
RECOMMENDATION: That the Board of County Commissioners:
I. Approve the CERT Grant Agreement;
2. Authorize the Chairman to execute four copies of said Agreement; and
3. Approve the Budget Amendment to recognize and appropriate the funds from the State of Florida
,.-. Division of Emergency Management Citizen Corps.
PREPARED BY: Artie Bay. Supervisor-Accounting, Emergency Medical Services
Page 1 of I
Agenda Item No. 16F2
December 2, 2008
Page 2 of 38
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F2
Recommendation to approve a State Emergency Response Team Subgrant Agreement for
the Department of Homeland Security (DHS) and the State of Florida Division of Emergency
Management to establish a Community Emergency Response Team (CERT) Program for the
Town of Ave Maria in the amount of $9,000.00.
Meeting Date:
12/2/2008 900:00 AM
Prepared By
Artie Bay
Bureau of Emergency
Services
Senior Administrative Assistant
Date
EMS
11/14/20084:22:06 PM
Approved By
Jennifer A. Belpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/14/20084:39 PM
Approved By
Jeff Page
Bureau of Emergency
Services
EMS Chief
Date
EMS
11114/20084:41 PM
Approved By
Marlene J. Foard
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
11117/20089:04 AM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
11117/20082:04 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
11/17/20083:12 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
111181200811:47 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
11118120081:38 PM
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110'iOOOR
Agenda Item No. 16F2
December 2. 2008
Page 3 of 38
Contract Number:09CI
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 Fiorida, 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 applicabie 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 iater 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," OMS Circular No. A-21, "Cost Principles for Educational
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Agenda Item No. 16F2
December 2, 2008
Page 4 of 38
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 ex1ended 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
consuitants 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 reasonabie times for inspection, review, or audit
by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall
ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
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Agenda Item No. 16F2
December 2. 2008
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(d) If the Recipient is a State or localgovemment or a non-profit organization as defined
in OMS Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMS 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 OMS Circular A-l33, 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 aurllla.parrlsh@dca.state.f1.us]
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (submit the number of
copies required by Sections .320(d){1) and (2), OMS Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
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Agenda Item No. 16F2
December 2, 2008
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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 entilies) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done In accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement. the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
0) 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 applicabie provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipienfs fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a c1ose-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.
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Agenda Item No. 16F2
December 2, 2008
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(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 3D, 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 Agreemen~ whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptabie to the Division" means that
the work product was completed in accordance wtth 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 monttoring
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 additionai 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, .EW..,
Stat., the Recipient is solely responsibie to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmiess 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
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Agenda Item No. 16F2
December 2. 2008
Page 8 of 38
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 Fiorida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the. Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail. postage prepaid, by registered or cert~ied mail-return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement:
(c) Withhold or suspend payment of all or any part of a request for payment;
(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.
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Agenda Item No. 16F2
December 2. 2008
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(e) Exercise any corrective or remedial actions, to include but not be IimRed to:
1. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in Question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under
law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient. it will not affect. extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any othef 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 compiiance with applicable ruies, 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 Chaptef 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 aftef
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.
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Agenda Item No. 16F2
December 2, 2008
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(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:
_Jeff Page, Chief
_2705 S. Horseshoe Drive
_Naples, FL 34104
Telephone:_ 239-252-8459
Fax:_239-252-3298
Email:_JeffPage@Colliergov.net_
(d) In the event that different representatives or addresses are designated by e~her party
after execution of this Agreement, notice of the name, tnle and address of the new representative
will be provided as oullined 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 sullcontract that (I) the sullcontractor is llound lly
the terms of this Agreement, (iI) the subcontractor is bound lly 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 ~s 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) AITACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
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(b) In the event of any inconsistencies or confiict 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 Woll<
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;s 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 $9,000,
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 may be advanced may not exceed the expected cash
needs of the Recipient within the first three months of the contract term. For a federally funded contract.
any advance payment is also subject to federal OMB Circulars A-87, A-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 $ 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.
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(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, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans Wnh Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction
for a publiC entity crime or on t"e discriminator" vendor list may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
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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 iist
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
ineligibie, or voluntariiy 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 iocal) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft. forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(9)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by 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.
U) Any bills for travel expenses shall be submitted in accordance with Section 112.061.
Fla. Stat.
(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 11 g, Fla. Stat., which the Recipient created or received under this Agreement.
11
Agenda Item No. 16F2
December 2, 2008
Page 14 of 38
(I) If the Recipient is allowed to temporarily Invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division Of 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
("INN)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The ReCipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(0) All unmanufactured and manufactured articles, materials and supplies which are
acquired fOf public use under this Agreement must have been produced in the United Stales as required
under 41 U.S.C. lOa, 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 beiief:
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."
12
Agenda Item No, 16F2
December 2, 2008
Page 15 of 38
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 uniess the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services perfonned 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 perfonnance 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 properly which is disclosed. Failure to disclose wllllndlcate 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 10 receive the funds under this
Agreement and that its goveming 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.
13
Agenda Item No. 16F2
December 2, 2008
Page 16 of 38
(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 tille: Tom Henning, Chairman of the Board of County Commissioners
Date:
FID#
A'l'l'IlST
DWI6BT B. JIIMC....
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
BY:
By:
Name and Title: W. Craio Fuoate, Director of the Division of Emeroency Manaoement
Date:
i.fI~~r;;w.:d as to for'tG , "leg31 ~i.iffic1fi.~!'::J
~o,A \~ .
. Slswt Count tor-MJ
14
Agenda Item No. 16F2
December 2, 2008
Page 17 0138
EXHIBIT - 1
THE FOllOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: Department of Homeland Security
Catalog of Federal Domestic Assistance ti~e and number: 97.067
Award amount: $9,000
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 progrem, 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 Recipi9nt must comply with specific laws, rules, or regulations that pertain to
how the awarded resources must be used or how aliglbility determinations are to be mada. The State
awarding agency, if practical, may want to attach a copy of tha specific law, rule, or regulation referred to.
15
Agenda Item No. 16F2
December 2, 2008
Page 18 of 38
NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Reel pien!.
16
Agenda Item No. 16F2
December 2, 2008
Page 19 of 38
Revised Attaellment A
Badget and Scope or Work
Proposed Proenm Budget
Below is a general budget which outlines eligibk categories and their allocation under this award. The Recipient is to utilize the "Proposed
Program Budget" as a ,guide for completing the "Budget Detail Worksheet" below.
..
..
..
No more than 3% or the total award may be expended on Management and Administration costs by Ihe Rccipimt.
At the discretion Or the Recipient, funds allocated to Management and Administration (as described in the "Propo5Cd Program
Budget") may be put towards ProgrAmmatic costs instead.
The tnmsfcr of funds between planning, training, C'Xl:fcises and management &. administration is permined. for this contract only,
whereas management & administmtion costs do not C1l:cc:c;d 3% of the ~ipitnt's total awmd.
: Grant
- R.id\diGt;~~
. C.....,,'
. -
· .~.AiIO~
FY 2008 State Homeland Security Grant
Program -Issue 59: Community
Emergency Response Team (CERT)
Planning
Training
Exercises
$&,994
Collier Ctlunty EMS
Equipment
Management and Administration
(The doUar amount which corresponds to 3% of the total
allocation is shown in lIle column on lhe right)
N/A
"'., "' "," "!'::::!",:,~";:::-'~
Totlll':AW'.riI' .
17
Agenda Item No. 16F2
December 2, 2008
Page 20 of 38
Budget Detail Workskeet
The Rocipient is ~uired to provide a eompleted budget detail worksheet, to the Division, which accounts for the total award for issue S9:
Community Emergency response Team (CERT) as described in the "Proposed Program Budget",
If any changes need to be made to the "Budget Detail Worbhed:..,.a&r 1I1e execution of this contract, contact the contnel manager listed' in this
contraCt via cmail or letter.
c Il1Idpt Dt.dl<d Worksheet
Ellathl. Adh1tleo
Allowable PI.unlng Cos.. Quandty U.altCost TotalCo,t
Public EdueationlOutreach 500 .61 3lI5
Develop and implement homeland security support programs and adopt ongoing
DHS national initiatives, including State ~CSl!l Rc::p0rt3
Develop and enhance plans and protocols
Develop or conduct assessments
Establish, c:nlumce, or evaluate CERT-reIlItcd volunteer programs
Hiring offull or part-orne slBff or contractors/consultants to assist with planning
activities (not for the purpose of hiring public safety pmonnel fulfilling
traditional public safety duties)
Conferences to facilitate planning activities
Materials requirm to conduct pllUlning activities
TllIvel/per diem related to planning activities
Overtime and backfill costs - Payment of overtime expenses will be for work
performed by award. (8M) or sub-award employees in excess of the established
work wee~ (usWllly 40 hours) related to the planning activities for the
development and implementation of the programs under CERT.
.
AI1owobl. Tl'llldlog Co...
QUlJItity Vni'Con Tog. COlt
Ovenime and back.fill funding for emergency preparedness and response
pc:rsoMeI attending FEMA-sponsored and approved training classes and
technical assistance programs.
Grantees may also use grant funds to COVei' overtime and backfill expenses' for
part-time and volunteer emergency response personnel participating in FEMA
lnIinin..
Training WorksJ!.op.and Conferenttl - Grant funds may be used to plan lmd
conduct training workshops or conferences to include costs related to planning,
meeting space and other meeting costs, facilitation costs, matcriab; and mpplies.
travel, and training plan development.
18
Agenda Item No. 16F2
December 2. 2008
Page 21 of 38
Full or Part. Tune Staft' or ContradonlCoJUultants - Full OJ part-time staff
may be hired to support traiDing.related activities. Payment of salaries and
fringe benefItS must be in accordance with me policies of the state or local
unit(s) of,govcmment and have Ihe approval of the state or the awarding agency. 1 1,500 1,!00
whichever is applicable. The scmccs of contractors!consdtants may also be
procured by the state in the design, development, conduct. and evaluation of
CBJUIlE tnlining. The applicant's fonnal written pl'OCW'em.ellt policy or the
Federal Acquisition Regulations (FAR) must be followed,
Travel- Travel costs (i.e., airfare:, mileage, per diem, botel, etc.) an: allowilblc
as expenses by employees who are OD travel slatus for offlCial business related
to the planning and conduct of the training project(s) or for attending ODp.
sponsoRld counes, These costs must be in accon:iance with state law as
highlighted in the OJP Financial Guide. States must also follow state 1 681 68Z
regulations regarding travel. If a state or territory does not have a lravel policy
they must follow federal guidelines and rates, as explained in the OJP Financial
Guide. For
further information (In federa1law pertaining to tnlvel cr;ms please refer to
http'llwwwoio.usdoi.2ovlFinanciall!uide
Supplies - Supplies are items that are expended or conswned during the course
o(the planning and conduct of the training project(s) (e.g., copying paper, 50 20 1,000
gloves, tape, and non-stcrilc masb).
Tuition for higher o:iucation
Other Items . These costs include the rental of Spacellocnlions for planning and SO 14 700
conducting uaining, badges, etc,
Atkt"bl~'~.rci~: 'C..b-'.:' . ,;".,.." ..:' " ,.,......... '.........'.<?':>'--,.'.~.. ''';:'':''':!,-'
- - . .,,: .
Exercises spClCificully designed for Dr" that include participation from non~8ovemmental entities and the general public are allowable
activities and may include testing public warning systems, evacuation/shelter in-place capabilities, family/scoool/business preparedness,
and parttcipating in table-top OJ full scale emergency responder exercises at the local, State, or national level, to includ~ Top Officials
Exercise (TOPOFF). More infonnation listed at httD://hseeo dh!!: (!ov
QUlntity Unlteost T(ltal COM
Exercise Pbnning Workshop - Gnmt funds may b~ used to plan and conduct
an Exercise Planning Workshop to include costs reJated to plmning, meeting
space and other meeting costs, facilitation costs, matc:rials and supplies, travel
and exercise plan development.
Full or Part-Time Staff or ContraetonlCODsultants - Full or part-time stl:l.ff
may be hin::d to support c:x:ercise-rdated activities. Payment of salaries and
fringe benefits must be in B.Ccordance with the policies oflhe state or local
uni((s) of government and have the approval of the state or the awarding agency, I SOO '00
whichever is applicable. The services of contraCtors/consultants may olso be
procured (0 support the design. development, conduct and evaluation of CBRNE
exercises. The applicant's formal wnltal procurement policy or the Fc:dcral
Acquisition Regulations (FAR) must be followed.
Overtime and backfill tMtI- Overtime and backfill costs associated with the
design, development and conduct of CBRNE exercises are allowable expensrs.
Grantees may also use grant funds to cover overtime and backfill expenses for
pnrt-umc and VGluntcer emergency :-esponse pen>or...,cl pa.-ticipating in FBV1A
exercises.
Implementation (If HSEEP (Homeland Sccurity Exercise and Evaluation
Prog=n)
19
Agenda Item No. 16F2
December 2. 2008
Page 22 of 38
Travel. Travel costs (Le., airfare, mileage, per diem, hotel, etc.) are allowable
as expenses by employ<<s who are on travel status for official busi11elSis related
to the planning and conduct of the exercise projccl(s). These costs must be in
accordance with slate law as highlighted in the WP F"mancial Guide. States 1 409 409
must IIlso follow state regulations regarding tmve!. If II stale or- territory does not
have a travel policy they must follow fedcm1 guideljnes and ratts, as explained
in the OJP Financial Guide. For further infonnation on federal law pertaining to
travel costs please refer to http://www.ojp.usdoj,gov/fmancialguide
Supplies - Supplies are items that are expended or consumed during the: course
oldie planning and cooduct of the: exercise p~ect(s) (e.g., copying paper,
gloves, tape, non-frtmilc masks, and disposable protective equipment).
Other Items . These costs include Ihe rental of specc'locations for exertise
planning and conduct, exen::ise signs, badges. etc.
',"'. T~""'"'''''''' '" ~<;","'i''''::'1i ~."."'::
'~,'L.' ~I~"~ :" .,..:.....<i.;,~'.'.,.: :"'..:':."i',
The table below highlights the allowable equipment categories fur this award. A comprdlensive listing ofthcse allowable equipment
categories, and specific equipment eligible: under each category, can be found on the web-based Authorized Equipment List (AEL) at:
httn://www.rkb.us
. Register on the website (optional)
. Log into the website
. Select the SEU AEL tab
. SoIecl AEL Only
. To identify items within the eligible categories. selc:ct the box that reads "1-istConwns All Items Clicl: Here to Customize by
Grant", Then uncheck all the grantS-listed except for Citizen Corps Program (CCP) and select the Customize Button. The CCP
includes CERT activities.
If you wish to purehase a pLece of equipment from any of the eligible categuries listed below for CERT, indicate the .. AEL item number"
and "tille" in the empty space Drovidcd below that cateeorv.
e.g.. "AEL Jtem Number" Here, "Title" Here Quantlt)' Unit Cost Totll Cost
[0 I] Personal Protective Equipment (limited to Respiratoty Protection
Equipment: Disposable Respirator and PPE Accessories Eye Protection and 50 69.95 3,498
othcl' Accessories)
[03] CBRNE OpOl1ltional and StaICh and R""",e Equipment Technolugy
[04) Infonnation Technology
[05) Cyber Security Enlw=ment
[6] Interoperable Communications Equipment
[09J Modical
[IOJpower
(l2] CBRNE lncidmt "Response Vehicles
{19) CBRNE Logistical Support Equipment
{21 J Other Authorized Equipment
20
Agenda Item No. 16F2
December 2, 2008
Page 23 of 38
;:r:~.T:lrJ~..~~=a; ".'.' ~~~ ,~'"' ".,t~~ ~ ~, , ..., .-1 "'.'.' 'Ii' ,,-.. '~"
" ,"'*....~...'Y.. "U.\a.~'.:" _ .", . Tli....coil; ,
.' r. .," .. .~. , '0;-' -- '.
HiriDI of fuU.time or part-time staff or mRlradon/conlultantl:
.. To assist with the management of the FY 2008 CERT
.. To assist with design, requirements and the Implementation of the
FY 200S CERT
.. To assist with the imJHementation and administration of the State
Homel.nd Secwily Strategy. .s It m.y .....18 to the FY 200S CERT
Hiring at fu.O..tlme or part"time stall' or tontractonh:olllultantl Bod
expenses ~lIted to:
.. CERT pre..application 5ubmissiOfll'TWl4gement activities 8Jld II.PPtication
requiremenlS.
. Meeting compliance with reportinWdata collection Te<luiremcnts. including
data calls.
Denlopment of operating plans for Inlorlnltlon ~Uectio. and prD<<l.lng
DecelIlary to respond to DHSlODP dab! caUL
Overtime and baekfW 00111- Overtime expenses are defined as the result of
persoMe1 who worked over and above their nonnal scheduled daily or weekly
worked time in the performance of this award - approved activities. Backfill
Costs IIlso called "Overtime: as Backfill" ere defined as expenses from the result
of personnel who arc working overtime in order to perfonn the duties of oCher
personnel who are temporarily IlSsigned to gnmt activities - approved activities
outside their core responsibilities. Neither overtime nor backfill expenses are the
result of an increase of Full- Time Equivalent (FTEs) employees. These costs
arc allowod only to the extent the payment for such services is in accordance
with the policies of the state or unit(s) oflocal government and has the approval
of the state or the awarding agency, whk:hevcr is applicable. In no case is dual
compenli8.tion allowable. That is, an employee of a unit of government may not
receive oompcnsation from their unit or agency of gOVetnmenl AND from an
award fora single: period of time (e.g., 1:00 pm to 5:00 pm), C\'en though s\K:h
won.. may benefit boCh activities. Fringe benefits on overtime hourri are limited
10 Federal Insurance Contributions Act (FICA), Workers' Compensmion and
Unemnlovmem Comnensation.
Travel expenses
MeetinK.relatfCI expenses (for a complete list of allowable meeting.relatcd
expenses, please r!:View the OJP Financu,J Gukie at
http://www.ojp.usdoj.gov/finaneialguidc).
Aequlsition of authorized office equlpmeat, incruding personal computers,
laptop computers, printers, LCD projectors, IIIld other equipment or software
which may be required to support the implementation of the homeland security
.slr'Btc:gy.
The following an alJol'l'lIIble llDI,. within the rontract period:
.. Recurring fees/charges associated with certain equipment, such as cell
phones, faxes, etc.
.. Leasing.and/or renting of splICe for newly hired personnel to administer
programs within FY 2008 CERT.
TOTAL 8-'!14
21
Agenda Item No. 16F2
December 2, 2008
Page 24 of 38
SCOPE OF WORK
Funding is provided to perform eligtble activities as identified in the: Domestic Homeland Security - Federal EmeT(lenc)" Management AgOlCY
National Preparedness Directorate Fiscal Year 2008, Community Emergency Response Team (CERT), conllistent with the Department of
Homeland Sec.urity State Strategy. Eligible activities are outlined in the Scope of Work for each category below:
I. Categories and Eligible Activities
ls,ue 59: Citizea COrpl (ComrmlRlty Emergency RClpODIe Team)
FY 2008 Community Emergency Response Team (CER1), allowable costs are divided into the roIlowing categories: pluming..
t.-aiDiug, eurdleS, equipment and Ma.8cement and Admiuiltratlon. Managemem and administration costs may not exceed 3%
<lfthe Reci.pient's total award.
A. Planning
. Public educaLion and Outreach.
. Developing and implemenling homeland security support programs and adopting OHS national initiatives,
Developing related terrorism prevention activities.
. Developioa: and enhancing plans and protocols.
. Developing or conducting assessments.
B. Training
Funds may be used to cnhonce the capabilities of Statc and local emergency preparedness and response personnel through
development of a State homeland aecurity b1Iiining program,
Allowable training-related costs include:
. Establishment of support for. conduct of, and attmdance at prcparednr:ss training programs within existing training
academies/instiwtiolls, univ~itics, 01" junior colleges. Preparedness training prognuns arc defmed as those programs
related to prevention, protection, 1'QIponse, and or recovery from natural, tcclmical, or manmade catastrophic
inddcnts, supporting onc or more Target Capabili1i~ in alignmc:m with national priorities lIS stated in the Goal.
Examples of sucb programs include but are Dol Jimjted to CaRNE terrorism, critical infrastructure prot~fion, cyber
security, and CODUnunity prepan:dnc!JS.
. Ovatimc and backfill cosl.$ associated with attendance at G&T -sponsored and approved training classes and
technical assistance programs. SHSP may also be used for lnlining Community in awareness, prevmtioo, protection.
response, rerovery skills.
Training counes are listed at www.firstre:mondcrstminillp'lmv
C. Exerciles
Funds may be used to design, develop, conduct, and evaluate exercises that:
Provide homeland security preparedness personnel and volunteers a venue to practice prevention, prolcction,
response. and recovery activities;
. Evaluate prevention and response plans, policy, procedures, and protOcols, including NIMS and NRP;
. Assess the readiness lJf jurisdictions (0 peneot and respond to terrorist attacks.
. Enoouragc coordination with surrounding jurisdictions in prevention, protection. response, and rccovCI)' activities:
. Facilitates implemmtation of HSEEP, inChuJing developing and maintaining a sdf-sustaining Stale Homeland
Security Exercise and Evaluation Program that is modeled on the national HSEEP.
Exercises conducted must be managed and executed in accordance wilh the Homeland Security Exercise and Evaluation
Program {HSEEP). HSEEP Volumes I-or contain guidance and recommendations for designing,. developing. conducting,
and evllluatms exercises. Volume IV contains sample exercise materials and documents. All four volumes can be found at
htto'lihseen dh~ P.(JV
ExI:rCISCS specifically designed for or that include participation from non-governmental altities and the gcnrral public are
allowable activities and may include: testing public warning systems, evacuation/shetter in-place capabilities.
family/schoollbusiness pr.eparodncss, and participating in table-top or full scllle emergC21.cy I"esponder exercises at the local,
State, or national level, to include Top Officials Exercise (TOroFf'). More inf'onnation listed at hrtD:llhsem.dhu:ov
All tabletop exerciSC.'i (ITXs), drills, functional exercises (FEs), and full~scale exercises (FSEs) will be evaluated and
performance based, An After Action Report (AAR) snd.lmprovcment Plan will be prepared and submitted to the State
following every lTX, drill, FE. and FSE. AARlJPs must be provided to thc State within 30 days following completion of
each cxeI'Cise (see HSEEP Volume II, Appr:ndix A).
22
Agenda Item No. 16F2
December 2, 2008
Page 25 of 38
D. Equipment: FY 2008 CERT fimds may be used for equipment aCGuisilion from lite FY 2008 Authorized Equipment
List (AEL). The FY 2008 AEL is available in its entirety online through the Responders Knowledge Base (RKB) at
hnD'/lwww rich 1I11,
Authorized equipment for CERT llldlldn the followtog:
. pcn;onal Protective Equipment
. CORNE Operational and Search and Rescue equipment
.. Infonnation Technology
.. Interoperable Communications Equipment
.. Cyber Security Enhancement Equipment
. Medical
.. Power
. CBRNE Incident Response Vehicles
. CBRNE logistical Support. Equipment
Other Authorized Equipmcnl
E. Management lad Admlnistratton - no more than 3% of each sub-recipient's tcJtal award may be expended on
Managcmmt and Administration costs.
1. Hlrtng of full-time or part-~me staff or contractors/consultants:
.. To assIst with the management of the FY 2008 CERT
.. To assist wilh design, requirements and the implementation of the FY 2008 CERT
. To asslst wilh the implementation and administration of the State Homeland Security Strategy, as it
may relate '0 the FY 2008 CERT
2. Hlrtng of full-time or part-time staff or contractors/consultants and expenses related to:
o Meeting compliance reportIng/data collection requirements, includIng data calls
3, Development of operating plans for Information collection and procelslng necessary to
....pond to DHS data calls.
4. Overtime and ba<:kfill costs. Overtime expenses are defined as the resultofpcnonncl who worked over and
above their rnmnal scheduled daily or weekly worked time in the pcrfonnance of the award - approved aotivitics.
Backfill Costs also called "Overtime as Backfill" are defmed as expenses from the result of personnel who are
working overtime in order to perform the duties of other personnel who art: tcmpowily assigned to training-
approved activities outside their core responsibilitie8. Ncitbcr overtime nor bnckfill expenses arc the result of an
increase of Full- 'rime Equivalent (FTEs) employees. These costs :aR allowed only to the extml the payment for
such services is in accordance with the policies of the state or writes) ofkx:a1 government and has the approval of the
Slate or the awarding agency, which.ever is applicable. (n no case is dual compensation allowable. That is, an
employee of a unit of government may not receive compensation from their mit or agency of govl;:l'llmeot AND from
an awanl for a single period of time (e.g., 1:00 pm to 5:00 pm). even though such work may benefit both activities.
Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA). Workers'
Compensation and Unemployment Compensation.
S. Travel expenses
M..tlng-related expens.. (For a complete list of a~owable meeting-related expenses. please review the
OJP Financial Guide at httc:llwww.otD.usdQi aovlfinanciatcuide).
6. Acquisition of authortzed office equipment, Including:
Personal computers
Laptop computGrs
. Printers
. LCD projectors. end
. Other equipment or software which may be required to support the Implementation of the homeland
security strategy
7, The following are allowable only wl~ln the period of performance of the contract:
. Recurring fees!charge5 associated with certain equipment, such as cell phones. faxes. etc.
. Leasing and/or renting of splll;e for newly hired pcrsOWle1 to adntinister prognun:i within the FY 2008 CERT.
F. Unauthorized Expenditures
. Expenditures for items such as general.usc .software (word proceuling, spreadsheet., graphics, etc.)
. General-use computmo and related equipment
General-use vehicles
23
Agenda Item No. 16F2
December 2, 2008
Page 26 of 38
. Licensing fees
. Weapons systems and ammunition
. Construction or renovation offacilitics that would have been reasonably ncccswy due to non-terrorist threals
. ActivitilC6 unrelated to the completion and implcm.cotation of the CERT
. Other items nol in accordance with the Authorized Equipment List or previously listed as allowable costs
. Funding may not be used to supplant ongoing. routine publi(: safety activities of state and local emergency
responckn, and may not be used to hire staff for operational Il(;tiYities or backfiJl
G. Overtime and BR~kflll GuIdance
. OvertJ.me: ExpensCSI incUJT'ai by those personnel who, as a result of FEMA-approved activities, are performing
over and above their nonna.[, scheduled work hours or work week.
. 8aekflU (also caUed Overtime as Backfill): Expenses incurred bytbose personnel who are working over and
above thelr normal. scheduled work hours, or work: week, in order to pcrfonn the duties of other J>mIOf1nel who
are temporarily assigned to FEMA..approved activities outside their core responsibilities. The OlP OC does not
distinguish between Overtime and Overtime as BacldiU - they are both vic:wcd as overtime regardlClii of
whether the individual has perfonned more houn;: in their nonnally 8$Sisned place: of du.ty or if the overtime
accrued as a result of being ro-assigned to a different place of duty. Overtime and backfill do not result in an
increase of full-time employees (FrEs).
II. National Preparedness Initiatives
A. National Incident Management System (NIMS)
NIMS provides a consistent nationwide approach for federal, slate, territorial, tribal, and local governments to work
effectively and efficiently together to prepan: for, prevent, respond to, and recover from domestic incident&. reprdless of
cause, size or complexity. Since FY 2008 is a cntical year for initial NIMS adoption, the Recipient should stlIrt now by
prioritizing FY 200S preparedness assistance (in ~ordance with the eligibility and allowable uses of the grant) to
facilitate its imp[ementation.
1. Minimum FY 2008 NIMS CompliODte Requiremeot.
. Incorpomnng NIMS into existing tntining programs and exercises:
. Completion of the NIMCAST 1001;
Ensuring that federal preparedness flDlding supports NIMS implementation (in accordance with the
eligibility and allowable USQ of the grants);
. Incorporating NIMS into emergency operations planning;
. Promotion of mutual aid agreements; and,
. Institutionalizing the use of the Incident Command System (JCS).
2. Local Dolts or goveromeDt .hould .upport N IMS implemeotatioo by:
. Having relevant peneollel. complete the NIMS Awareness Course:
These independent slUdy courses are available on-line and will take between forty-five minutes to three
hours to complete. The course is available on the Emc:rgency Manag=nent InstibJte web page 1If.:
htto./ltrainUte:.fema.mv
. Formally recognlzhlg NIMS and adopting NlMS prindples and policies. The NIC will provide
sample language and templates to assist in foonaUy adopting NIMS lbrough legislative and/or
exccutivcladminimativc means.
. Establish a NrMS baHllne by determining "bleh NIMS requlremmls are .Iready utlsfted. The
NIC is developing a web-based self-asscssment system, the NlMS Capability Assessment Support Tool
(NIMCAST) to evnJuate their incident respouse and managcmc:nt capabilitic:a. The NIC is ~urre:nt1y
piloting the NIMCAST with a limited number of states. Upon completion of the pilot, the N Ie will
provide all polential future users with voluntary access to the !l'ystem.
3. FY 2008 Requlremeo15
In order for the State to rtx.civc FY 2008 preparedness funding, the compliance mtui~::::rm:nts describ:d above
must be met. Additional infonnation about NlMS compliance and resources for achieving compliance win be
forthcoming from the NlC. Tbe NIC web page, httn'llwww fema ~ov/nim~. will be updated regularly willi
NIMS infonnll1ion and irnplcmetllation guidance.
Note: FY 2008 CERT (via Community Corps Program) Program Grant Guidance can be found at wwwdhscovorwww.rkb.u$
B. National PreDuedneu Svstem (NPS)
24
Agenda Item No. 16F2
December 2, 2008
Page 27 of 38
The NPS provides a tool to assist jurisdictions, agencies, and argani7Jltions at aU levels to plan for, assess, and track
capabilities in a shaRd environment. It integrates various efforts to provide the comprehensive pictun: ofpreparednc:ss and
progress toward achieving the Goal. Recipients arc: responsible for/and required to report data into this developing system.
III. Reporting Requirements
A. Rent!hmuks
t. AU funds shall be obligated within the first 6 months of the date of execution of the contruct by both parties, no later than
May ll, 2009.
1. No less than SOOA. of the funds shall be spent within the first 12 months from the date ofexeeution of the coolract, no latc:r
than November 3D, 2009.
3. 100010 of the furu:b; shall be spent within 18 monlhs from me execution oflhe contract, no later than May 3l, 2010.
4. Any unobligated funds will be dc-obligatcd at the end oftbis period and are subjlClCt to J"CIl.Uocation 10 olller prioritized
projects.
S. Extensions: to the period of performance will be considered only through (annal requests to FDEM with specific and
compelling justifications why an cxu=nsion is required. All reqUe:li:[S for extensions an: subject to review and will not
automatically be gratlted.
B. The following infonnation and documentation must be provided in the Form 1 report due prior to ???? DATE., 1008:
J. One-page summary of meeting held between applicant and their corresponding COlmty Emergency
MlUUlgemc:nt Office 10 discuss the CERT program.
Z. A revised budget.
J. A timeline for key activitic5 during period of sub-grant, to include at a minimum:
a. Official registering as a CERT by receiving offICial support from local authorized
representative and submitting request on the National Citizen COf"PS Website.
b. Strategy and methodology for recruibl1l:nt of members,
C. Procurement of all materials and suppiies to operate the CERT program and to support
public education and outreach activities.
d. Estimated number of publications distributed to the public.
e. Estimate nwnbcr of people trained in community preparedness and famtly safety measures,
to include first aid, emergency preparedness, and general safety precautions.
f. Plans to maintain CERT members, indicating how they can be used to supplement
emergency management activities in disaster and non..<fisastcr situations,
g. Plans to utilize CERT in expanded program activities.
h. Completion of the CERT Questionnaire
6. The following will be provided in all subsequent quarterly progress. repom:
1. Documentation of registration as an official CERT.
2. A list of materials and supplies purchased for the CERT program funded under this sub-grant.
3. A list of publications distributed to the public and fwtded under this agreement.
4. Roster(s) of volunteers trained dwing the grant period. Roster should include, lit II minimum: name of
member and date training completed, and for new Citizen Corps Councils: Name of council, location
coverage. contact infonnation, including e-mail add~s and phone number.
5. Sample copies of any materials; (~.g. news rch:ascs, brochures, videos, notiGe5, lett.en, pictm"eS or the like)
produced to promote the CERT program under this Nb-grant and courtesy copies of other program
promotional items,
6. A list of other CERT activities related to this sub-grant.
7. Total amount of grant funds used to date and for what activities
C. To submit with the quarterly report, a rcpol1 of Community Emergenc)' Response Team activation for emergency or non-
emergency situations. Report should detail date, cotmCil name, number- ofCERT members activated. brief description of
activity. This will include siwatioos where CERT members have augmented a community's emergency management
capability.
25
Agenda Item No. 16F2
December 2, 2008
Page 28 of 38
Reporting Period.
A. Quarter)" Pron.DUD.de ReDortlnll:
Th. Qlwtcrly ProgJOlllDlali<: Report is due within 30 calOlldar da)18 after the end oflhe rq>orting periods (M...h 31, June
30, Septembc- 30 IIl1d December 31) for the life of this contract. Quarterly n::ports with the appropriate dOCWhCDlation as
listed in Part D.B and C shall be submitted to Ihe Department for approval. In addition, all invoices for expenses incurred
to perfonn the work and pn:pare the products should be submitted. If a report(s) is dclinqw:nt, future fmancial
reimbursements will be withheld until the Recipient's reporting;s current
. All instructional maU:rials, classroom Sl.lpplies, and instructional tools (i.e. fire extinguisher) must be pun:hascd
and a reqUeit for payment fOT Ihcse items must be received no later lhan DATE. Failure to comply may rfSUlt in
a termination of this agreement.
. I'mgrammaticl Tcchntcal conference calls win be held quartcrty on a schedule to be announced These
conference calls are mandatory and attendance of these conference calls will be taken through role call. Failure
to attend these calls may result in a termination oflhis agreement.
. R~ipicnt agrees to perform the project identified in said. IIpplication utUizing the funds provided unda- this
agreement Matching Funds must meet progmm requircmmts.
Prmrrammatic Re _L "-'-Ie
Reporting Period Report due to DEM no later than
July I through September 30 September 30. 2008
October I through December 31 December 31, 2008
January I through March 31 March 31. 2009
April I through Jlme 30 Jlme 30, 2009
Ju1y I through Septemher September 30, 2009
8. PrOl!rammBtic Renortino-
After the end of mch reporting period, for the life or the contract, the recipient will complete their Biannual Strategic
Implementation Report in the Grants Reporting Tool (GRn btln5./lwww renortml!: ocm.dhS.20V The reporting periods are
January I.June 30 and July I-December 31. Data entry is scheduled for December 1 and June 1 respectively.
c. Reimbunement Reouests:
A request for reimbursement may be sent to your contract manager ror review and approval at anytime durinC the contracl
period. The Recipient should include the catcgwy's corresponding line item number in the "Dcuil of Claims" Conn. This
nwnber can be found in the "Proposed Pmgram Budget". A line itc:m number is to be included for every dollar amount
listed in the "Detail of Claims" f.arm.
D. Close-out PrOP'rAmmatlr: Retlortin~:
The Close-out Report is due to the Florida Division of Emergency Management no later than 60 calendar days after the
contracl is either completed or lite contract bas expired.
E. Mooitoriol!:
26
Agenda Item No. 16F2
December 2, 2008
Page 29 of 38
Florida Di"i.ion of Emergency Man.cement
lJS Department or Homeland Security Gnoll Pragnm
Grant Moaitorinl Pracen
Florida bas ertbanccd the state and local capability and capacity to prevent, prepuxe IIlld respond to terrorist thn:ats since: 1999 through
vmious fimding sources including federal grant funds. Ai. the steward ofd1e State Homeland Security Grant Program fundi, projClCts
and equipment tile Florida Division of Emergency Management (POEM) has a responsibilit), to tmck and monitor the stalus ofthc
grant activity and items purchalied.
The monitoring procCS'l detailed in this document is designed to assess a recipient agency's compliance with appHcable state and
federal guidelines. The FDEM is responsible for monitoring the: financial. programmatie and capability portion of lhe gnmt to include
equipment procurement and compliance with applicable SHSGP gnmt guidance and statutory regulations.
Monitoring is accomplished utilizjng various methods including desk monitoring and on-site visits. Thtzc are two primary areas
reviewed during monitoring activities - financial and pmgnllnmaticlcapabilily. Financial monitoring is the review ofrccords
associated with the purehase and disposition of property, projects and contraets. Capability review is the observation of equipment
purchased, protocols and other associated records. Various lc=ve!s of financial and programmatic review may be accomplished during
this process.
Desk monitoring is defmed 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 II team or members of
the FDEM or their designee.. to actuaUy observe records, procedures and equipment
Freauencv of aDDual mooitoriDIII' 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 stillsubjc:ct to either desk or (In-site monitoring.
Eumnles of a~u tllat mn be examined include:
Management and administnnive procedures
Grant folder maintenance
Equipment accountability and sub-hand receipt procedwes
Program for obsolescence
Status of equipment purchases
Status of training for purchased equipment
Status and number of response minings conducted to include number lramed
Status and number of exercises
Status of planning activity
Anticipated projected completion
SpecifIC difficulties completing the project.
Agency NIMS/ICS compliance dOCUlRC'lltatlOD
In certain circumsbmc:es, the FDEM may request additional monitoring/information if tile activity, or lack theR of, on the part afthe
specific recipient has genaated questions from the region, the sponsoring state agency or the FDEM leadership. The mrlhod of
galhering this infonnation will be determined on a case-by.case basis.
Desk monitoring is an on-going process. Agency recipiems will be required to participate in desk top monitoring on an annual basis
arKIas determined by the FDEM. The agency recipients will compete and submit the desk top monitoring within 14 business calendar
days of receipt. This contact will provide an opportunity to identify the need for technical assistance (T A) and/or a site visit if the
FDEM determines that a recipient is having difficulty completing their project.
As difficultic:!:i/dcticiencies 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 Ihe nature of the issue in question. MllIlyof
the issues that arise may be resolved a[ the regional or sponsoring agency le"d. Issues that require furtherTA will be referred to the
FDEM for assisWlCe. Examples ofTA include but are not limited to:
, Equipment selection or available vendor!;
). Eligibility ur items or services
)0 Coordination and partnc:nhip with other agencies within or outside the region or discipline.
SlteVisits
Site visits will be conducted IYj the FDEM or dle1r designated personneL Site visitll will he scheduied in advanced with die recipidlt
agency POC designated in the grant agreement. Monitoring questionnaires will be proVided in advan<:e of the ~isil
TIle FDEM will also conduct coordinated financial and gran
27
Agenda Item No. 16F2
December 2, 2008
Page 30 of 38
All findingll related to the capability review will be documented and maintained within the IDEM.
Site VISit Protocol
The fonowing outlines the monitoring protocol for the IDEM:
The site visits wm begin with those granteelii tha! are currently spending or have completed spending for that federal fiScal year
(FFY). Site visitS may be combined when geographicaJly convenient. There is a site visit checklist 10 assist in the oompletion of at!
required tasks.
Site Vi.lt PreMration
A letter will be sent to recipient agency Point of Contact (POC) stating the purpose of the site visit IIJ1d sent at least 30 calendar days
before the plamed llIT'ival date:. FDEM personnel will call within the next 10 calendar dayi to schedule an appointment to review the
grlllltec's program.
The physica.lloc:nion of any .equipment located at IlD. alternate site should be connnncd with a rq:n1:llomtative from mat location and
the address should be documented in the grantee foldCl" before the site visit.
The appointment should be confirmed with the grantee: in writing (cmail is acceptable) and documented in the grantee foldel'.
Any personnel from the FOEM attending the site visit will R:view the grantcc:'s corrcsponding 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 l1I1d the recipient
poe one business day in advance of the site visit.
SUe Vidt
Once FDEM pc:rsonnel have arrived at the site. an orientation conference will be conducted. During this time, the pwpose of the site
visit and the items FDEM intends to c:xaminc will be identified. If rUlancial monitoring visit will be conducted, they will then explain
their objectives and will proceed to perform the financjal review.
FDEM personnel will review all flles and supporting docwncntation. Once the supporting documentxtion has been reviewed. a
tourfvisua1/spot inspection of equipment will be conducted.
Each item shouk! be visually inspected whenever possible. Bigger items (computcn:, response vehicles, etc.) should have an asset
decal (information/serial number) placed in a prominmt location on eacb piece of equipment as per recipient agency requirements.
The serial number- should correspond with the appropriate receipt to confiltn purchase. PhOlographs should be taken of the equipmc:nt
(large capitol expenditures in excess ofS1,ooO. per ilem).
If an item is not available (being used during time of the site visit), the appropriate documentation must be providc:d to account for that
particular piece of equipment. Once the wurlvisu.a1/spot inspection of equipment has. been completed, the FOEM personnel will then
conduct an exit conferCllce with the grantee to review (he findings.
Other programmatic issues CIUl be diSCUSsed at this lime, IilJCh as missing quarterly reports, paymc:nt vDUcher/reimbursem.ent,
equipment, questions, etc.
POlt Site V"uit
FDEM personnel will review the site visit worksheet as a team and rc:ecive notes from the Financial Review Team, if applicable.
Within 30 calendar days of Ihe site visit, a monitoring report will be generated. and sent to the grantee explaining any issues and
corrective actions fCXIUired or recommendations. Should no issues or findings be idenlified, a monitoring report. to fhat effect will also
be gcncnted and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as d.ctermi.nc:d by the
FDEM. The Site Visit Worksheet, report and photographs win 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
Contral<1uo1 Point of Contact
Programmatic Point ofConlact
Conb'act Manager, Nikki Hines
FDEM
2555 Shumard Oak Blvd.
Tallahassee. FL 32399.2100
(850413-9894
nikki.hin
Program Manager, Tina MllZ8Ilek
IDEM
2555 Shuman:! Oak Blva.
Tallahassee, FL 32399.2100
(850)410-1599
Tma.mazanelc em.m .da.com
L. Contractual Reaponelblllti..
. The FDEM shall determine eligibility of projects. and approve changes in scope of work.
. The FDEM shall administer' the finandal processes.
28
Agenda item No. 16F2
December 2, 2008
Page 31 of 38
Attachment B
Program Statutes and Regulations
1) 53 Federal Register 6034
2) Section 1352, Ti~e 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 Protdon Act of 1973, Public Law 93-234,87 Stat. 975
6) 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) Tnle 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) 26 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);
16) TI~e 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,
29
Agenda Item No. 16F2
December 2, 2008
Page 32 of 38
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checklng one of the boxee 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 tfie expected cash needs of the Recipient within the Initial three months of
the Agreement.
( ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
[X J NO ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No addijional
information is required.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
1- (A) (8) (C) (D)
FFY FFY FFY Total
SCRIPTION 2005-2006 2006-2007 2007.2008
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
lDivideline 2 bv 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 OEM Award MAXIMUM
(Do not Include any match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
(
I Recipient has no previous DCAJDEM contract history, Complete Estimated Expenses chart and
Explanation of Circumstances below.
I Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
(
30
Agenda Item No. 16F2
December 2, 2008
Page 33 of 38
Com plate Estimated Expenses chart and Explanation of Circumstances below, Attach additional
pag_ If needed,
ESTIMATED EXPENSES
BUDGET CATEGORY 2008-2009 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
Ilnclude SecondarY Admlnlstratlon.1
PROGRAM EXPENSES
TOTAL EXPENSES
ExDlanatlon of Circumstances:
31
Agenda Item No. 16F2
December 2, 2008
Page 34 of 38
Attachment D
Warranties and Representations
Financial Manaoement
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. Reeipient
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.
Comoetition.
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 weli as noncompetitive practices among contractors that
may restrict or eliminate competl~on 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 andlor 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 clearly 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 par'jes to subcontraots. 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.
32
Agenda Item No. 16F2
December 2, 2008
Page 35 of 38
Business Hours
The Recipient shall have its offices open for business, with Ihe entrance door open 10 the public, and at
least one employee on site, from _8:00 a.m. - 5:00 p.m.
Licensino and PermiUina
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of Ihe particular work for which they are hired by the Recipient.
33
Agenda Item No. 16F2
December 2, 2008
Page 36 of 38
Attachment E
"<.,:",:C;!lrtlflc:atk!!1:~,....!I~Ii19i",.". ,."
" .:, oiibaimiimisil.'" eilaiiJ'ti"lniill(jlblllty.
" ','.' "'"'AndVj)IJnr."':Elic:i~iljoll' '";'
Subcontractor Covered Transectlons
(1) The prospective contractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presen~y debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency,
(2) Where the Recipienfs contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this fonm.
SUBCONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
Division Contract Number
Street Address
City, State, Zip
Date
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Agenda Item No. 16F2
December 2, 2008
Page 37 of 38
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. Aiso the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Proteetion 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 effeets (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
35
Agenda Item No. 16F2
December 2, 2008
Page 38 of 38
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, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administra~ve 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 tor 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; Seetion 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Tille II of the Americans with Disabilities Act (ADA)
(1990); nle 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.
36