HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-058TR11600
April 8, 2009
Revision # 1 — May 7, 2009
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2009- j0
A Resolution of the City Commission of the City of
Tamarac, Florida authorizing the appropriate City Officials
to execute a Sub -Recipient Agreement for 2007-2010 State
Homeland Security Grant Program (SHSGP), expenditure of
local government unit funding for sustainment funds for
annual maintenance contract for Mutual Aid Radio
Communications (MARC) unit, with the State of Florida,
Department of Financial Services, Division of State Fire
Marshal; providing for conflicts; providing for severability;
and providing for an effective date.
WHEREAS, the City Commission of the City of Tamarac desires to support the
Statewide Mutual Aid Plan designed to enhance operations in times of disaster; and
WHEREAS, the Federal government has made funding available to the State of
Florida to enhance emergency response; and
WHEREAS, the State of Florida, Department of Financial Services, Division of
State Fire Marshal is administering the Federal Sub -Grants through a Sub -Grant
Agreement for expenditure of local government unit funding for sustainment funds for
annual maintenance contract for Mutual Aid Radio Communications (MARC) Unit
referred to as the "Agreement" and attached hereto as EXHIBIT1, along with its
schedules: Attachment A — Budget and Scope of Work; Attachment A2 - Budget Detail
Worksheet; Attachment A3 — Program Statues and Regulations; Attachment A4 —
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April 8, 2009
Revision # 1 — May 7, 2009
Page 2
Warranties and Representations; Attachment A5 — Contractor Covered Transactions
and Schedule A6 -- Statement of Assurances; and
WHEREAS The State of Florida has purchased and distributed a number of
Mutual Aid Radio Communications (MARC) units within the State; and
WHEREAS, the State of Florida has identified Tamarac as a strategically
important location for MARC equipment; and
WHEREAS the City of Tamarac will deploy the unit as directed by the State EOC
or Fire Marshal during an activation of the Statewide Mutual Aid Plan; and
WHEREAS, the City of Tamarac agrees to maintain training of their personnel
and team preparedness and availability to respond and to be a regional and Statewide
response asset; and
WHEREAS, the State of Florida has placed a Communications trailer in Tamarac
and has agreed to reimburse Tamarac with the sustainment funds allocated for
reimbursement at $12,298.88; and
WHEREAS, the Fire Chief recommends accepting the Sub -Grant funding and
executing the Sub -Recipient Agreement; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to accept Sub -
Grant reimbursement funding in the amount of $12,298.88 from the State of Florida,
TR11600
April 8, 2009
Revision # 1 — May 7, 2009
Page 3
Department of Financial Services, Division of State Fire Marshal, for expenditure of
local government unit funding as outlined in Attachments A, Al and A2 of the Sub -
Recipient Agreement; Contract Number: 08DS-60-13-00, (EXHIBIT 1).
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution. All exhibits referenced herein and attached hereto are incorporated herein
and made an express part of this Resolution.
SECTION 2: The appropriate City Officials are hereby authorized to execute a
federally funded Sub -Recipient Agreement with the State of Florida, Department of
Financial Services, Division of State Fire Marshal, to receive Sub -Grant reirilbursement
funding, in an amount not to exceed $12,298.88, to provide services and deliverables
for the sustainment, operations and maintenance of the MARC Unit.
SECTION 3: All Resolutions in conflict herewith are hereby repealed to the extent
of such conflict.
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April 8, 2009
Revision # 1 — May 7, 2009
Page 4
SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED AND APPROVED this /3 day of
ATTEST:
• • J
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAM�UEL S. GOREN
CITY ATTORNEY
7_� , 2009.
W;� L
BETH FLANSB UM -TA ABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL�
DIST 2: VM ATKINS-GRAD 1�
DIST 3: COMM GLASSER�
DIST 4: COMM. DRESSLER
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2007-2010 STATE HOMELAND SECURITY GRANT PROGRAM
SUBRECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL
GOVERNMENT UNIT FUNDING FOR FLORIDA
THIS AGREEMENT ("Agreement") is entered into by and between the State of Florida,
Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0300
(hereinafter referred to as "Department"), and City of Tamarac (hereinafter referred to as
"Subrecipient"), effective as of the date last signed below.
WITNESSETH THAT:
WHEREAS, Department is a subgrantee of the 2007-2010 Homeland Security Grant
through the Division of Emergency Management (hereinafter "State Administrative Agency" or
"SAA");
WHEREAS, Department has determined that it is in need of certain goods and services as
described herein;
WHEREAS, Department has the authority to further subaward these funds to Subrecipient;
WHEREAS, Subrecipient, a governmental agency, represents that it has the expertise and
ability to faithfully perform such services, and.
WHEREAS, Department has authority pursuant to Florida law to disburse the funds under
this Agreement,
NOW THEREFORE, in consideration of the services to be performed and payments to be
made, together with the mutual covenants and conditions hereinafter set forth, the parties agree as
follows:
(1) Federally -Funded Subgrant Agreement. The funds for this Agreement are provided
through a Subgrant Agreement between Department and SAA; Contract Number: 08DS-60-13-00-
16-373, The Subgrant Agreement and all referenced documents and forms can be accessed through
Department's website at http://www.fldfs.com/sfm/sfin domestic securit .htm (hereinafter
referred to as the "SFM website"). Subrecipient agrees to be bound by all of the provisions of the
Subgrant Agreement referenced in this paragraph. Attachment A, including all of its subparts, is
attached hereto and incorporated herein by reference.
(2) Services and Deliverables. Subrecipient agrees to render the following services or
other units of deliverables as directed by Department:
(a) Performance in accordance with "Scope of Work" found at the SFM website and
Attachment Al;
(b) Readiness and response to activation orders for deployment by the State Emergency
Operations Center, State Fire Marshal or Regional Domestic Security Task Force;
(c) Purchase equipment specifically identified and approved by the Florida Domestic
Security Equipment Committee and identified in projects listed in Attachment Al. Exceptions to
the approved equipment list must be approved in writing by the Equipment Committee prior to
purchase. Requests for exceptions should be sent to Department's contract manager listed below.
Equipment having a value of $1,000 or more must have an asset identification number provided by
Subrecipient indicating the equipment was purchased with State Homeland Security Grant Program
(SHSGP) funds.
(d) In the event the local subrecipient requests the Department to make a purchase(s)
related to this contract on their behalf, a request in writing on local entity letterhead shall be
submitted to the Department. If approved, the Department will make the purchase and submit the
requisite documentation for reimbursement from the Subrecipient' allocated funds. Nothing herein
shall require the Department to make the purchase on behalf of the local subrecipient.
(3) Delivery Schedule. The services or other units of deliverables specified in paragraph
(2) above shall be delivered or otherwise rendered on behalf of Department in accordance with the
following schedule:
(a) Readiness shall be on a continuous basis; and
(b) Upon notification by the State Emergency Operations Center, State Fire Marshal, or
Regional Domestic Security Task Force, Subrecipient shall respond to any and all incidents either
within its regional response area, or as designated within the State Emergency Response Plan, with
all eligible equipment, and any and all other resources which it possesses, for so long as this
Agreement remains in effect, or as may be agreed upon under the Florida Domestic Security
Strategy Plan. It is understood by both parties that local emergencies and equipment operability will
dictate the availability of Subrecipient to respond.
(c) For Type II/WMD Hazardous Materials Teams, compliance with requirements of a
Type II/Weapons of Mass Destruction Capable Hazardous Materials Resource, as defined by the
Florida Domestic Security Strategy Plan and the Florida Association of Hazardous Materials
Responders (FLAHR) typing document, shall be on a continuous basis.
(d) For USAR Task Forces and Type II Technical Rescue Teams, compliance with
requirements of a Type I, II or III USAR Task Force or Type II Technical Rescue Team (as
applicable), as defined by the Florida Domestic Security Strategy Plan and the Florida Association
of Search and Rescue (FASAR) typing document, shall be on a continuous basis.
(e) For MARC Units, compliance with requirements for deployment shall be according
to the State Emergency Response Plan. MARC unit, Subrecipient must complete an annual
inventory on the appropriate forms as part of this contract.
(f) Subrecipient shall comply with the Florida Fire Chiefs Association Code of Ethics at
all times.
(g) All documents referenced above can be found on the SFM website.
(4) PM2i2 -
(a) This is a cast -reimbursement Agreement. Subrecipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed the
amount set forth in subparagraph (b) of this paragraph, subject to the availability of funds. If the
necessary funds are not available to fund this Agreement as a result of action by Congress, the
State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and
Budgeting, or the Federal Office of Management and Budgeting, all obligations on the part of
Department to make any further payment of funds hereunder shall terminate, and Subrecipient
shall submit its closeout report within thirty (30) days of receipt of notice from Department.
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(b) Subject to the terms and conditions established by this Agreement and the billing
procedures established by Department, the Department agrees to reimburse Subrecipient for
services rendered and items purchased in accordance with Attachment A. If additional money
becomes available through the grant process, this amount may be increased or decreased, by
modification as set forth in paragraph (6) below.
(c) Every request for reimbursement shall be submitted on a Reimbursement Request
Form and a Detail of Claims Form available on the SFM website. The forms must be accompanied
by the documentation referenced in Attachment A2. The forms and the accompanying
documentation shall be submitted within thirty (30) days following Subrecipient's expenditure of
funds. In no event shall the forms and accompanying documentation be received by Department
later than May 30, 2010.
(d) All equipment purchases must be in accordance with the equipment list stipulated by
the Florida Domestic Security Equipment Committee, unless specifically approved in writing by the
Domestic Security Equipment Committee prior to purchase. Documentation of the approval must
be submitted along with the request for reimbursement.
(e) If no request for reimbursement is submitted for two consecutive quarters after
execution of this Agreement, Department reserves the right to reallocate the balance of unexpended
funds to another local or state entity by modification of this Agreement in accordance with
paragraph (6) below, and in accordance with grant rules.
(f) Vendor Rights. Vendors providing goods and services to an agency should be aware
of the following time -frames. Upon receipt, an agency has five (5) working days to inspect and
approve the goods and services, unless the bid specifications, purchase orders or agreement
specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to
Department of Financial Services. The 20 days are measured from the latter of the date the invoice
is received or the goods or services are received, inspected and approved. Department is to approve
the invoice in the state financial system within 20 days.
If a payment is not available within 40 days, a separate interest penalty, computed at the rate
determined by the State of Florida Chief Financial Officer pursuant to Section 215.422, Florida
Statutes, will be due and payable, in addition to the invoice amount, to the vendor. To obtain the
applicable interest rate, please refer to http://www.dbf.state.fl.us/interest.html. Interest penalties
of less than one dollar will not be enforced unless the vendor requests payment. Invoices which
have to be returned to a vendor because of vendor preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the agency with the proper tax payer identification information documentation to be
submitted before the prompt payment standards are to be applied.
A Vendor Ombudsman has been established with Department. The duties of this individual
include acting as an advocate for vendors who may be experiencing problems in obtaining timely
payment. The Vendor Ombudsman may be reached at (850) 413-5516.
(g) Taxes. Department is exempted from payment of Florida state sales and use taxes
and Federal Excise Tax. Unless personally or corporately exempt by law, Subrecipient shall not be
exempted from paying Florida state sales and use taxes to the appropriate governmental agencies or
for payment by Subrecipient to suppliers for taxes on materials used to fulfill its obligations with
Department. Subrecipient shall not use Department's exemption number in securing such materials.
Subrecipient shall be responsible and liable for the payment of all its FICA/Social Security and
other taxes resulting from this Agreement.
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(h) Travel. Any expense incurred by Subrecipient for travel must be authorized by
Department in advance. Travel expenses will be reimbursed to Subrecipient at a rate not to exceed
that which is payable to state employees for travel and per diem as prescribed by Section 112.061,
Florida Statutes, and shall be submitted in accordance with said section. All other expenses,
including expenses for the gathering and presentation of exhibits, must be authorized by Department
in advance.
(i) Payment Processing. All charges for services rendered or for reimbursement of
expenses authorized by Department in accordance with this Agreement shall be submitted to
Department in sufficient detail for a proper pre -audit and post -audit to be performed. All payments
for professional services and authorized expenses, including travel expenses, will be paid to the
Subrecipient only upon the timely and satisfactory completion of all services and other units of
deliverable such as reports, findings and drafts, which are required by this Agreement and upon the
written acceptance of said services and units of deliverables such as reports, findings and drafts by
Department's designated contract manager. Interim payments may be made by Department at its
discretion under extenuating circumstances if the completion of services and other units of
deliverables to date has first been accepted in writing by Department's contract manager.
(5) Term and Renewal. This Agreement shall begin upon July 1, 2007, and end on
April 30, 2010, or a latter date extended by the SAA, notice of which is provided to Subrecipient
by Department in writing.
(6) Agreement Modification. Either party may request modification of the provisions of
this Agreement. Except as provided in paragraph (5) above, changes which are mutually agreed
upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and
attached to the original of this Agreement.
(7) Suba eements. If Subrecipient subcontracts any or all of the work required under
this Agreement, a copy of the unsigned subcontract must be forwarded to Department for review
and approval prior to execution of the subcontract by Subrecipient. Subrecipient agrees to
include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii)
the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the
subcontractor shall hold Subrecipient, Department, and SAA harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law. Each subcontractor's progress in performing its work
under this Agreement shall be documented in a quarterly report submitted by Subrecipient.
For each subcontract, Subrecipient shall provide a written statement to Department as to
whether that subcontractor is a minority vendor, as defined in Section 288.703, Florida Statutes.
(8) Recordke in
(a) As applicable, Subrecipient's performance under this Agreement shall be subject
to the federal "Common Rule: Uniform Administrative Requirements for State and Local
Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements
with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either
OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No.
A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost
Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-
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profit) organization on a cost-reimbursement.basis, Subrecipient shall be subject to Federal
Acquisition Regulations 31.2 and 931.2.
(b) Subrecipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from
funds provided under this Agreement, for a period of five years from the date the audit report is
issued, and shall allow Department or its designee, Chief Financial Officer, and Auditor General
access to such records upon request. The Subrecipient shall ensure that audit working papers are
made available to Department's designee, Chief Financial Officer, and Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in.
writing by Department with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year period
and extends beyond the five year period, the records will be maintained until all litigation, claims
or audit findings involving the records have been resolved.
2. Records for the disposition of non -expendable personal property valued at $1,000 or
more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years after the
closing on the transfer of title.
(c) Subrecipient shall maintain all records for Subrecipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including supporting
documentation of all program costs, in a form sufficient to determine compliance with the
requirements and objectives of the Budget and Scope of Work - Attachments Al and A2 - and all
other applicable laws and regulations.
(d) Subrecipient, 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 Department, its employees, and agents. The term "reasonable" shall be construed
according to the circumstances but ordinarily shall mean during normal business hours of 8:00
a.m. to 5:00 p.m., local time, on Monday through Friday. The term "agents" shall include, but
not be limited to, auditors retained by Department.
(9) Audit Requirements.
(a) Subrecipient 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 all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by Department. The term
"reasonable" shall be construed according to circumstances, but ordinarily shall mean normal
business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) Subrecipient shall also provide Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
(d) If Subrecipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that Subrecipient expends $500,000 or more
in Federal awards in its fiscal year, Subrecipient must have a single or program -specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised. Attachment A
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to this Agreement indicates federal resources awarded through Department by this Agreement.
In determining the federal awards expended in its fiscal year, Subrecipient shall consider all
sources of federal awards. The determination of amounts of federal awards expended should be
in accordance with the guidelines established by. OMB Circular A-133, as revised. An audit of
Subrecipient 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 subparagraph (d) above,
Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in
Subpart C of OMB Circular A-133, as revised.
If Subrecipient expends less than $500,000 in federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required.
In the event that Subrecipient expends less than $500,000 in federal awards in its fiscal year and
elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as
revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such audit
must be paid from Subrecipient resources obtained from other than federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Subrecipient directly to
Department's contract manager listed below, and each of the following:
The Federal. Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101' Street
Jeffersonville, rN 47132
and other federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
(0 Pursuant to Section .320 (f), OMB Circular A-133, as revised, Subrecipient shall submit
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and
any management letter issued by the auditor, to Department's contract manager listed below.
(g) Any reports, management letter, or other information required to be submitted to
Department pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General, as applicable.
(h) Subrecipient, when submitting financial reporting packages to Department for audits
done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate
the date that the reporting package was delivered to Subrecipient in correspondence
accompanying the reporting package.
I A y t
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, Subrecipient shall
be held liable for reimbursement to Department of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after Department or the
SAA has notified Subrecipient of such non-compliance.
0) Subrecipient shall have all audits completed by an independent certified public.
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed
under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the
applicable provisions noted above. The audit must be submitted to Department no later than nine
(9) months from the end of Subrecipient's fiscal year.
(10) Reports.
(a) Reports shall be in accordance with Attachments Al part 11.
(b) If additional reporting is required, Department will notify Subrecipient electronically
at least thirty (30) days prior to the time the reporting is required.
(c) Reports and documentation related to all exercises and evaluations, (if an allowable
expense) including any USAR MOBEX drills, must be provided to Department within thirty (30)
days of completion of the exercise.
(d) If all required reports and copies, prescribed above, are not sent to Department or are
not completed in a manner acceptable to Department, Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (14 ),
"Remedies." The phrase, "acceptable to Department" means that the work product was
completed in accordance with Attachment A.
(e) Subrecipient shall provide such additional program updates, reports and information
as may be required by Department.
(11) Monitoring. Monitoring shall be in accordance with Attachment At, subpart ILD.,
and in addition, Subrecipient shall monitor its performance under this Agreement, as well as that
of its subcontractors, subrecipients and consultants who are paid from funds provided under this
Agreement, to ensure that time schedules are met, Attachment Al is complied with, and other
performance goals stated in this Agreement are achieved. Such review shall be made for each
function or activity set forth in Attachment At, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised, and Section 215.97, Florida Statutes, (see paragraph (9) Audit Requirements, above),
monitoring procedures may include, but not be limited to, on -site visits by Department staff,
limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, Subrecipient agrees to comply and cooperate with all monitoring
procedures/processes deemed appropriate by Department. In the event that Department
determines that a limited scope audit of Subrecipient is appropriate, Subrecipient agrees to
comply with any additional instructions provided by Department to Subrecipient regarding such
audit. Subrecipient further agrees to comply and cooperate with any inspections, reviews,
investigations or audits deemed necessary by the Chief Financial Officer or Auditor General.
In addition, Department will monitor the performance of, and financial management by,
Subrecipient throughout the contract term to ensure timely completion of all tasks.
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(12) Liability.
(a) Unless Subrecipient is a State agency or subdivision, as defined in Section 768.28,
Florida Statutes, Subrecipient shall be solely responsible to parties with whom it shall deal in
carrying out the terms of this Agreement, and shall hold Department harmless against all claims of
whatever nature by third parties arising out of the performance of work under this Agreement. For
purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of Department
or the SAA, but is an independent contractor.
(b) If Subrecipient is a state agency or subdivision, as defined in Section 769.28, Florida
Statutes, Subrecipient agrees to be fully responsible to the extent provided by Section 768.28,
Florida Statutes, for its negligent acts or omissions or tortuous acts which result in claims or suits
against Department or SAA, and agrees to be liable for any damages proximately caused by said
acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by
Department or any Subrecipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(13) Default. If any of the following events occur ("Events of Default"), all
obligations on the part of Department to make any further payment of funds hereunder shall, if
Department so elects, terminate and Department may, at its option, exercise any of its remedies
set forth in paragraph fourteen (14), but Department may make any payments or parts of
payments after the happening of any Events of Default without thereby waiving the right to
exercise such remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by Subrecipient in this Agreement or any
previous Agreement with Department shall at any time be false or misleading in any respect, or
if Subrecipient shall fail to keep, observe or perform any of the obligations, terms or covenants
contained in this Agreement or any previous agreement with Department and has not cured such
in timely fashion, or is unable or unwilling to meet its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of
Subrecipient at any time during the term of this Agreement, and Subrecipient fails to cure said
material adverse change within 30 days from the time the date written notice is sent by
Department;
(c) If any reports required by this Agreement have not been submitted to Department
or have been submitted with incorrect, incomplete or insufficient information, or
(d) If Subrecipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(14) Remedies. Upon the happening of an Event of Default, then Department may, at
its option, upon thirty (30) calendar days prior written notice to Subrecipient and upon the
Subrecipient's failure to cure within said thirty (30) day period, exercise any one or more of the
following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that Subrecipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective when placed in the
United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt
requested, to the address set forth in paragraph (16) herein;
(b) Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. Requesting additional information from Subrecipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. Issuing a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. Advising Subrecipient to suspend, discontinue or refrain from incurring costs for
any activities in question, or
4. Requiring Subrecipient to reimburse Department for the amount of costs incurred
for any items determined to be ineligible;
(e) Require that Subrecipient return to Department any funds which were used for
ineligible purposes under the program laws, rules and regulations governing the use of funds
under this program;
(f) Require that Subrecipient return to Department any property or equipment
purchased with grant funds, or received after having been purchased with grants funds, that has
not been properly disposed of in accordance with Subrecipient's property disposal policy, and
(g) Exercise any other rights or remedies which may be otherwise available under
law.
(h) The pursuit of any one of the above remedies shall not preclude Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No
waiver by Department of any right or remedy granted hereunder or failure to insist on strict
performance by Subrecipient shall affect or extend or act as a waiver of any other right or
remedy of Department hereunder, or affect the subsequent exercise of the same right or remedy
by Department for any further or subsequent default by Subrecipient.
(15) Termination.
(a) Department may terminate this Agreement for cause upon thirty (30) days written
notice. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance
with applicable rules, laws and regulations; failure to perform in a timely manner, and refusal by
Subrecipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Florida Statutes, as amended.
(b) Department may terminate this Agreement for convenience or when it determines,
in its sole discretion, that the continuation of the Agreement would not produce beneficial results
commensurate with the further expenditure of funds, by providing Subrecipient with thirty (30)
calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
as evidenced by written amendment of this Agreement. The amendment shall establish the
effective date of the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, Subrecipient will not incur new
obligations for the terminated portion of the Agreement after Subrecipient has received the
V
, 0 S
notification of termination. Subrecipient will cancel as many outstanding obligations as possible.
Costs incurred after the date of receipt of notice of the termination will be disallowed.
Notwithstanding the above, Subrecipient shall not be relieved of liability to Department by virtue
of any breach of Agreement by Subrecipient. Department may, to the extent authorized by law,
withhold any payments to Subrecipient for purpose of set-off until such time as the exact amount
of damages due Department from Subrecipient is determined.
(16) Notice and Contract Administration.
(a) Department's contract manager is Regina Saueracker, lu to&95 Northwest
Gainesville Road, Ocala, Florida 34482-1486. Purch/ConrbwW
(b) Subrecipient's contract manager is Manager
located at
c3f cn.w►w� C, Z r✓w �' 1, , / �nCL- 1-t-c/
(c) All written and verbal approvals referenced in this Agreement must be obtained
from the parties' contract managers or designees. Notices required to be in writing must be
delivered or sent to the intended recipient by hand delivery, certified mail or receipted courier,
electronic or facsimile transmission, and shall be deemed received on the date received or the date
of the certification of receipt.
(d) In the event that different contract managers are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be
tendered as provided in subparagraph (c) above.
(17) Complete A rgreement. This Agreement and its Attachments incorporated herein
by reference, contain all the terms and conditions agreed upon by the parties.
(18) Attachments are as follows:
(a) Attachment A Proposed Program Budget, and its subparts, consisting of:
Al — Scope of Work;
A2 --- Budget Detail Worksheet;
A3 — Program Statutes and Regulations;
A4 — Warranties and Representations;
A5 -- Certification Regarding Debarment, suspension, Ineligibility;
A6 -- Statement of Assurances, and
(b) In the event of any inconsistencies or conflict between the
language of this Agreement and the attachments hereto, the language of such attachments shall
be controlling, but only to the extent of such conflict or inconsistency.
(19) Repayments. All refunds or repayments to be made to Department under this
Agreement are to be made payable to the order of "Department of Financial Services," and
mailed directly to Department at the following address:
Department of Financial Services
Accounts Receivable
200 Gaines Street
Tallahassee, Florida 32399-0333
10
i I e
In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to
Department for collection, Subrecipient shall pay to Department an additional service fee of
Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the returned check or draft,
whichever is greater.
(20) PropeLty and Equipment Purchased with Grant Funds. Property and equipment
purchased with grant funds, or received after being purchased with grant funds, must be
identified as such on the property and equipment so that such property and equipment can be
identified for monitoring and site visit purposes. When the property and equipment no longer
has a useful life, it shall be disposed of through Subrecipient's property disposal policy, and
documentation provided to the Department. If for any reason, including dissolution,
Subrecipient elects to discontinue its participation in this Agreement, all property and equipment
purchased with grant funds, or received after being purchased with grant funds, not previously
disposed of in accordance with Subrecipient's property disposal policy, must be returned to
Department.
(21) Standard Conditions.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by Subrecipient in this
Agreement, in any subsequent submission or response to Department request, or in any
submission or response to fulfill the requirements of this Agreement, and such information,
representations, and materials are incorporated by reference. The lack of accuracy thereof or any
material changes shall, at the option of Department and with thirty (30) days written notice to
Subrecipient, cause the termination of this Agreement and the release of Department from all its
obligations to Subrecipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in the Circuit Court of Leon County.
If any provision hereof is in conflict with any applicable statute or rule, or is otherwise
unenforceable, then such provision shall be deemed null and void to the extent of such conflict,
and shall be deemed severable, but shall not invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to Department under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original. Facsimile and electronic signatures may be taken as originals.
(e) Subrecipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seg.), if applicable, which prohibits discrimination by
public and private entities on the basis of disability in the areas of employment, public
accommodations, transportation, State and local government services, and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on
a contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
11
4
submit bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may
not transact business with any public entity in excess of Category Two for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) With respect to any Subrecipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, by signing this
Agreement, Subrecipient certifies, to the best of its knowledge and belief, that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. Have not, within a five-year period preceding this proposal, been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state or local)
transaction or contract under public transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery; bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in
subparagraph (g)2., of this certification, and
4. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where Subrecipient is unable to certify to any of the statements in this certification, such
Subrecipient shall attach an explanation to this Agreement. In addition, Subrecipient shall
submit to Department (by email or by facsimile transmission) the completed "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (within Attachment
A) for each prospective subcontractor which Subrecipient intends to fund under this Agreement.
Such form must be received by Department prior to Subrecipient entering into a contract with
any prospective subcontractor.
(h) Department reserves the right to unilaterally cancel this Agreement for refusal by
Subrecipient to allow public access to all documents, papers, letters or other material subject to
the provisions of Chapter 119, Florida. Statutes, and made or received by Subrecipient in
conjunction with this Agreement.
(i) The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")]. Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by
Subrecipient of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by Department.
0) Subrecipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Florida Statutes) with respect to the meetings of the Subrecipient's governing board or
the meetings of any subcommittee making recommendations to the governing board. All such
12
meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall
be public records, available to the public in accordance with Chapter 119, Florida Statutes.
(k) Unless inconsistent with the public interest or unreasonable in cost, all
unmanufactured and manufactured articles, materials and supplies which are acquired for public
use under this Agreement must have been produced in the United States as required under 41
U.S.C. 10a.
(1) Both Subrecipient and Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment A,
including its subparts.
(m) Subrecipient shall assure compliance itself and by its subcontractors or
subrecipients, with CFO Memorandum No. 4 (2005-06), effective June 30, 2006; including but
not limited to the following provisions:
1. Those subject to this Agreement may charge only allowable costs resulting from
obligations incurred during the term of the Agreement.
2. Any balances of unobligated cash that have been advanced or paid that is not
authorized to be retained for direct program costs in a subsequent period must be refunded to the
State.
3. Agreements with vendors must be procured in a manner that ensures a fair and
reasonable price to the State and in compliance with applicable rules and regulations, including, but
not limited to Sections 287.057 and 216.3475, Florida Statutes. A copy of the Memorandum can be
accessed on the SFM website.
(22) Lobbying Prohibition.
(a) No funds or other resources received from Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action
by the Florida Legislature or any state agency.
(b) The Subrecipient certifies, by its signature to this Agreement, that to the best of
his or her knowledge and belief:
l . No federal or state appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence a federal,
state, or local official, or employee thereof, in connection with the awarding of any federal
contract, the making of any Subrecipient grant or contract, 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 a federal, state, or local official, or
employee thereof, in connection with this federal contract, grant, loan or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients and
subcontractors shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was made or entered
13
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.
(23) 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 SUBRECIPIENT TO THE STATE OF FLORIDA.
(a) If Subrecipient brings to the performance of this Agreement a pre-existing patent or
copyright, Subrecipient shall retain all rights and entitlements to that pre-existing patent or
copyright unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith,
Subrecipient shall refer the discovery or invention to Department for a determination whether
patent protection will be sought in the name of the State of Florida. Any and all patent rights
accruing under or in connection with the performance of this Agreement are hereby reserved to
the State of Florida. In the event that any books, manuals, films, or other copyrightable material
are produced, Subrecipient shall notify Department. Any and all copyrights accruing under or in
connection with the performance under this Agreement are hereby transferred by Subrecipient to
the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, Subrecipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or
should know could give rise to a patent or copyright. Subrecipient shall retain all rights and
entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose
will indicate that no such property exists. Department shall then, under paragraph (b), have the
right to all patents and copyrights which accrue during performance of the Agreement.
(24) Assurances. Subrecipient shall comply with all Statements of Assurance
incorporated in Attachment A.
(25) Legal Authorization. Subrecipient certifies with respect to this Agreement that it
possesses the legal authority to receive the funds to be provided under this Agreement and that, if
applicable, its governing body has authorized, by resolution or otherwise, the execution and
acceptance of this Agreement with all covenants and assurances contained herein. Subrecipient
also certifies that the undersigned possesses the authority to legally execute and bind
Subrecipient to the terms of this Agreement.
14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their undersigned officials.
SUBRECIPIENT
By jenrey L. mmer�o�
Title QbY Mower
Date signed
e K. Glatt
Purch/Contracts
Manager
15
DEPARTMENT
By_
Title
Date signed
Attachment A
Budget and Scope of Work
Proposed Program Budget
Below is a general budget w hich outlines eligible categories and their allocation under this award. The Recipient is to utilize the
"Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below.
4 The equipment category will require a "Detailed Budget Worksheet" including the proposed equipment to be purchased
and the corresponding FY2007 Authorized Equipment List (AEL) reference number. The AEL can be found at
www.rkb.mipt.org.
The transfer of funds between the categories listed in the "Proposed Program Budget" is strictly prohibited. However, at
the discretion of the Recipient, funds allocated to Management and Administration costs (as described in the "Proposed
Program Budget") may be put towards Programmatic costs instead.
No more than 3% of each Recipient's total award may be expended on Management and Administration costs.
Issue 05 — USAR and HazMat Sustainment $
City of Tamarac
State Homeland Security Grant
Program — Issues 05, 09, 16 and
24 Issue 09 —MARL Unit Sustainment and $12,298.88
Maintenance
Issue 16 -- USAR and HazMat Specialized $
Training
Issue 24 — HazMat Infrared Spectroscopy $
Management and Administration $
(the dollar a mount which corresponds to 3%
of the total local agency allocation is shown
in the column on the right).
16
ATTACHMENT Al
Scope of Work
Funding is provided to per form eligible activities as identified in the Domestic Homeland Security —Federal Emergency Management
National Preparedness Directorate Fiscal Year 2007 State Homeland Security Grant Program (SHSGP), consistent with the
Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below:
Categories and Eligible Activities
FY 2007 SHSGP allowable costs are divided into the following categories: specific issues, planning, training,
exercises, equipment acquisition and management and administration costs. More detail is provided in the "Budget
Detail Worksheet" above.
A. Specific Issues as described in the Proposed Program Budget
Issue 05 — USAR and HazM at Sustainment
This project funds the sustainment effort of 30 Regional HazMat Teams and 7 USAR Task Forces through
maintenance of equipment previously purchased.
Issue 09 -- MARC Unit Sustain ment and Maintenance
This project will continue to keep Mutual Aid Radio Cache units in an operational state to be deployed as needed.
Issue 16 — USAR and HazMat Specialized Training
This project funds specialized response teams to train members in approved training programs . The funding will
allow 30 Regional HazMat Teams and 7 USAR Task Forces to complete critical operational profs ciency training.
Issue 24--HazMat Infrared Spectroscopy
This project provides funding for replacement of the 10 units of existing infrared spectroscopy detection equipment
that is being made obsolete by its manufacturer. Future maintenance and parts cannot be guaranteed after 2010.
B. Planning
Developing and implementing homeland security support programs and adopting DH S national initiatives
including but not limited to the following:
• Implementing the National Preparedness Goal and Guidance
• Implementing and adopting NIMS
• Modifying existing incident management and Emergency Operating Procedures (EOPs) to
ensure proper align ment with the NRP coordinating structures, processes, and protocols
• Establishing or enhancing mutual aid agreements
• Developing communications and interoperability protoc ols and solutions
• Conducting local, regional, and tribal program implementation meetings
r Developing or updating resource inventory assets in accordance to typed resource
definitions issued by the NIMS Integration Center (NIC)
• Designing state and local geospatial data systems
• Conducting public education and outreach campaigns, including promoting individual,
family and business emergency preparedness; alerts and warnings education; and
evacuation plan s as well as I ED or bombing prevention aw areness
Developing related terrorism prevention activit ies including but not limited to the following:
• Developing law enforcement prevention activities, to include establishing and/or enhancing a
fusion center
• Planning to enhance security during heightened alerts, during terrorist incidents,
and/or during mitigation and recovery
• Multi -discipline preparation a cross first responder community, including EMS for
• response to catastrophic events and acts of terrorism
• Public information/education: printed and electronic materials, public service
announcements, seminars/town hall meetings, web postings coordinated through
local Citizen Corps Councils
• Citizen Corps volunteer programs and other activities to strengthen citizen
participation
• Conducting public education campaigns, including promoting individual, family
and business emergency preparedness; promoting the Ready campaign; and/or
creating State, regional or local emergency preparedness efforts that build upon
the Ready campaign
17
,
• Evaluating Cl P security equipment and/or personnel requirements to protect and
secure sites
• CIP cost assessments, including resources (e.g., financial, personnel) required for
security enhancements/deployments
• Multi -Jurisdiction Bombing Prevention Plans (MJBPP)
• Underwater Terrorist Protection Plans
Developing related critical infrastructure terrorism prevention activities including:
• Planning to enhance security during heightened alerts, during terrorist incidents, and/or during
mitigation and recovery
• Multi -discipline preparation a cross first responder community, including EMS for response to
catastrophic events and acts of terrorism
• Public information/education: printed and electronic materials, publi c service announcements,
seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils
Citizen Corps volunteer programs and activities t strengthen citizen participation
Evaluating CIP security equipment and/or personnel requirements to protect and secure
sites
• Conduct public education campaigns, including prOmotong individual, family and business
emergency preparedness; promoting the Ready campaign; and/or creating State, regional or
local emergency preparedness efforts that build on the Ready campaign
• Evaluating Cl P security equipment and or personnel requirements to protect and secure
sites
• Cost assessments, including resources (financial, personnel, etc.) required for security
enhancements/deployments.
Developing and enhancing plans and protocols, including but not limited to:
• Developing or enhancing EOPs and operating procedures
• Developing terrorism prevention/deterrence plans
• Developing plans, procedures, and requirements for the management of infrastructure and
resources related to HSGP and implementation of State or Urban Area Homeland Security
Strategies
• Developing or enhanc ing border security plans
• Developing or enhanc ing cyber security plans
• Developing or enhanc ing cyber risk mitigation plans
• Developing or enhanc ing agriculture/food security risk mitigation, response, and recovery
plans
• Developing public/private sector partnership emergency response, assessment, and resource
sharing plans
• Developing or enhanc ing plans to engage and interfa ce with, and to Increase the capacity of,
private sector/non-governmental entities working to meet the humans service response and
recovery needs of victims
• Developing or updating to cal or regional communications plans
• Developing plans to support and assist special needs jurisdictions, such as port authorities and
rail and mass transit agencies
• Developing or enhanc ing continuity of operations and continuity of government plans
• Developing or enhanc ing existing catastrophic incident response and recovery plans to include
and integrate federal assets provided under the NRP
• Developing or enhanc ing evacuation plans
• Developing or enhancing citizen surge capacity
• Developing or enhanc ing plans for donations and volunteer management and the
engagement/integration or private sector/non-governmental entities in preparedness, response
and recovery activities
• Developing or enhancing Bombing Prevention Plans
Developing or conducting assessments, including but not limited to:
Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop
remediation/security plans
Conducting cyber risk and vulnerability assessments
Conducting assessments and exercises of existing catastrophic incident response and recovery plans and capabilities to
identify critical gaps that cannot be met by existing local and state resources
Conduct bombing prevention capability analysis
Activities which directly support the identification of specific catastrophic incident priority response and recovery projected
needs across disciplines (e.g, law enforcement, fire, EMS, public health, behavioral heath, publ is works, agriculture,
information technology, and citizen preparedness)
Activities which directly support the identification and advance preparation of pre -designated temporary housing sites
18
C. Training
Allowable training -related costs include: 1) establishment of CBRNE terrorism and cyber security training programs
within existing training a cademies, universities or junior colleges; and 2) overtime and backfill costs associated with
attendance at G&T-sponsored and G&T approved CBRNE and cyber security training courses. The target audience
for training courses include emergency preparedness, prevention and response personnel, emergency managers
and public/elected of ficials within the following disciplines: fire service, law enforcement, emergency management,
emergency medical services, hazardous materials, publi c works, public health, health care, public safety
communications, governmental administrative, cyber security, and private security providers. In order to deliver
these courses, state and local instructors must be certified to deliver the course by successfully completing G&T
train -the -trainer course delivery. Detailed descriptions of G&T courses are included in the Training and Education
Division Course Catalog at www.oip.usdoi-gov/odp/doer,/TED Course Catalo 2007. df
D. Exercises
Funds may be used to design, develop, conduct, and evaluate exercises that:
Provide homeland security preparednes s personnel and volunteer s a venue to practi ce prevention, protection, response,
and recovery activities.
Evaluate prevention and re sponse plans, policy, procedures, and protocols, including NIMS and NRP.
Assess the readiness of jurisdictions to prevent and re spond to terrorist attacks.
Encourage coordination with surrounding jurisdictions in prevention, protection, response, and recovery activities.
Implementation of HSEEP, including developing and maintaining a self-sustaining State Homeland Security Exercise and
Evaluation Program that is modeled on the national H SEEP.
Exercises conducted with G&T support (grant fund s or direct support) must be managed and executed in accordance with
the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes 1-III contain guidance and
recommendations for designing, developing, conducting, and evaluating exercises. HSEEP Volumes I -III can be found at
at DHS' webs ite at https://hseep.dhs.gov/. Volume IV, which contains sample exercise materials and documents, can be
found on ODP's Secure Portal at https://odp.esportals.com or www.Ilis.gov.
Exercise Scenarios. The scenarios used in SHSGP-funded exercises include catastrophic events, provided that they
also build capabilities that relate to terrorism and based on the State or Urban Area Homeland Security Strategy and
plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and
agricultural. Grantees that need further clarification on scenarios should consult with their State Exercise Manager for
assistance and/or approval. Fifteen all -hazards National Planning Scenarios, including 12 terrorism scenarios, have been
developed, and will be made available for use in national, federal, state, and local homeland security preparedness
activities (See MSPD-8: National Preparedness on page 49). Citizen participation in exercises is encouraged to include
backfilling non-professional tasks for first responders deployed on exercise, administrative and logistical assistance with
exercise implementation, and providing simulated victims, press, and members of the public. Citizen participation in
exercises should be coordinated with local Citizen Corps Council(s). It state or urban area will be hosting an upcoming
special event (e.g., Superbowl, G-8 Summit, etc.), or they anticipate that they will apply to be a venue for a future Top
Officials (TOPOFF) exercise, they should plan to use SHSP or UASI funding to fund training and exercise activities in
preparation for tha t event.
All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and
performance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State
following every TTX, drill, FE, and FSE. AAR/IPs must be provided to the State within 30 days following completion of
each exercise).
E. Equipment Acquisition
FY2007 SHSP funds may be used for equipment acquisition from the 21 equipment categories listed in the FY2007
Grants & Training (G&T) Authorized Equip ment List (AEL). The FY2007 AEL is available in its entirety online through the
Responders Knowledge Base (RKB) at www.rkb.mipt.org. The equipment categories are outlined below and in the
FY2007 SHSP Program Guidance.
Authorized equipment includes the following:
• Personal Protective Equipment
• CBRNE Incident Response Vehicles
• Explosive Device Mitigation and Remediation Equipment
• Terrorism Incident Prevention Equipment
• CBRNE Operational and Search and Rescue Equipment
• Physical Security Enhancement Equipment
19
r , I
• Information Technology
• Inspection and Screening Systems
• Cyber Security Enhancement Equipment
• Agricultural Terrorism Prevention, Response and Mitigation Equipment
• Interoperable Communications Equipment
• CBRNE Prevention and Res ponse Watercraft
• Detection Equipment
• CBRNE Aviation Equipment
• Decontamination Equipment
• CBRNE Logistical Support Equipment
• Medical Supplies and Limited Types of Pharmaceuticals
• Intervention Equipment
• Power Equipm ent
• CBRNE Reference Materials
• Other Authorized Equipment
Management and Administration
No more than 3% of each subrecipient's total award may be expended on Management and Administration costs.
Hiring of full-time or part-time staff or contractors/c onsultants:
• To assist with the management of the FY2007 SH SGP
• To assist with design, requirements and the implementation of the FY2007 SHSGP
• To assist with the implementation and administration of the State Homeland Security Strategy, as it may
relate to the FY2007 SHSGP
Hiring of full-time or part-time staff or contractors/c onsultants and expenses related to:
• Meeting compliance reporting/data collection requirements, including data calls
• Development of operating plan s for information collection and processing necessary to respond to
DHS/ODP data calls
Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and
above their normal scheduled daily or weekly worked time in the performance of G&T — approved activities.
Backfill Costs also called "Overtime as Backfill" are defined a s expenses from the result of personnel who are
working overtim a in order to perform the duties of other personnel who are temporarily assigned to G&T —
approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an
increase of Full — Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment
for such services is in accordance with the poll ties of the state or unit(s) of local government and has the
approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation
allowable. That i s, an employee of a unit of government may not receive compensation from their uni t or agency
of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such
work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance
Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.
Travel expenses
Meeting -related expenses - For a complete list of allowable meeting -related expenses, please review the OJP
Financial Guide at www.oio.usdow.gov/finguide06/.
Acquisition of authorized office equipment, including:
• Personal computers
• Laptop computers
• Printers
• LCD projectors, and
• Other equipment or software which may be required to support the implementation of the homeland
security strategy
The following are allowable only within the period of performance of the contract:
• Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc.
• Leasing and/or rent ing of space for newly hired personnel to ad minister programs w ithin the
FY2007 SHSGP
Unauthorized Expenditures
• Expenditures for items such as general -use software (word processing, spreadsheet, graphics, etc.)
• General -use computers and related equipment
• General -use vehicles
pit,
• Licensing fees
• Weapons systems and ammunition
• Construction or renovation of facilities that would have been teas onably necessary due to non -terrorist
threats
• Activities unrelated to the completion and implementation of the SHSGP
• Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs
• Recurring Costs
II. Reporting Requirements
A, Quarterly Programmatic Reporting
The Quarterly Programmatic Report is due within 15 calendar days after the end of the reporting period s (March
31, June 30, September 30 and December 31) for the life of this contract. If a report(s) is delinquent, future
financial reimbursements will be withheld until the Subrecipient's reporting is current.
Proorammati c Renortina Schedule
Reporting Period
Report due to De artment no later than
January 1 through March 31
Aril 15
April 1 through June 30
July 15
July 1 through Se tember 30
October 15
October 1 through December 31
January 15
Programmatic Reporting: Information to Report On
After the end of each reporting period, for the life of the contract, the Department will provide a Biannual
Strategy and Implementation Report worksheet to the Subrecipient Point of Contact listed in this contract. This
worksheet will contain all of the information that the Subrecipient needs to report on. The Subrecipient is to
complete this worksheet in its entirety and email the finished product to the programmatic contact listed below.
The first worksheet will be availabl a after the July 1 — September 30, 2008 reporting period.
B. Reimbursement Requests
The Subrecipient should include the category's corresponding issue number in the "Detail of Claims" form. This
number can be found in the "Proposed Program Budget". An issue number is to be included for every dollar
amount listed in the "Detail of Claims" form.
C. Close-out Programmatic Reporting
The Close-out Report is due to the Department no later than 30 calendar days after the contract is either
completed or the contract has expired.
D. Monitoring
Florida Department of Financial Services
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced the state and local capability and capacity to prevent, prepare and res pond to terrorist threats since
1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant
Program funds, projects and equipment the Department of Financial Services has a responsibility to track and monitor the
status of the grant activity and items purchased.
The monitoring process detailed in this document is designed to assess a Subrecipient's compliance with applicable state
and federal guideline s. The Department is responsible for monitoring the programmatic and capability portion of the
grant to include equipment procurement and compliance with applicable SHSGP grant guidance.
21
,, .
Monitoring is accomplished utilizing various methods including desk monitoring and site visits. There are two primary
areas reviewed during m onitoring activities - financial and programmatic/capability. Financial monitoring is the review of
records associated with the purchase and disposition of property, projects and contracts. Capability review is the
observation of equipment purchased, protocols and other associated records. Various levels of financial and
programmatic review may be accomplished during this process.
Desk monitoring is defined as the review of projects, financial activity and technical assistance between the Department
and the Subrecipient via e-mail and telephone. Site visits are defined as actual visits to the Subrecipient's location by a
team or members of the Department or their designee, to actually observe records, procedures and equipment.
Frequency of annual monitoring activity:
Each year the Department will identify up to 50% of Subrecipients for site visit monitoring.
Examples of areas that may be exam fined include:
Status of equipment purchases
Status of training for purchased equipment
Status and number of response trainings conducted to include number trained
Status and number of exercises
Status of planning activity
Anticipated projected completion
Specific difficulties completing the project.
Agency NIMS compliance documentation
In certain circumstances, the Subrecipient may be requested to provide additional monitoring/information if the activity, or
lack there of, on the part of the specific Subrecipient has generated questions from the region, the SAA or the
Department. The method of gathering this information will be determined on a case -by -case basis.
Desk monitoring is an on -going process. Subrecipients will be required to participate in desktop monitoring on an annual
basis and as determined by the Department. The Subrecipients will complete and submit the desk top monitoring within
30 calendar days of receipt. This contact will provide an opportunity to identify the need for technical assistance (TA)
and/or a site visit if the Department determines that a Subrecipient is having difficulty completing projects.
As difficulties/deficiencies are identified, the respective region or SAA will be notified by the Department via email.
Information will include the Subrecipient name, year and project description and the nature of the issue in question. Many
of the Issues that arise may be resolved at the Department level. Issues that require further TA will be referred to the SAA
for assistance. Examples of TA include but are not limited to:
➢ Equipment selection or available vendors
➢ Eligibility of items or services
➢ Coordination and partners hip with other agencies within or outside the region or discipline.
Site Visits
Site visits will be conducted by the Department or designee. Site visits will be scheduled in advanced with the
Subrecipient contract manager designated in the grant agreement. Monitoring questionnaires will be provided in advance
of the visit
The Department or its designee will also conduct coordinated financial and grant file monitoring. These monitoring visits
maybe coordinated with a capability review visit. Subject matter experts from other agencies within the region or state
may be called upon to assist in the form of a peer review as needed.
All findings related to a capability review will be documented and maintained within the Department.
Site Visit Protocol
The following outlines the monitoring protocol for the Department:
The site visits will begin with those Subrecipients that are currently spending or have completed spending for a federal
fiscal year (FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in
the completion of all required tasks.
Site Visit Preparation_
A letter will be sent to Subrecipient's contract manager stating the purpose of the site visit and sent at least 30 calendar
days before the planned arrival da te. Department or designated personnel will call within the next 10 calendar days to
schedule an appointment to review the Subrecipient's program.
22
y
The physical location of any equipment located at an alternate site should be confirmed with a representative from that
location and the address should be documented.
The appointment should be confirmed with the Subrecipient in writing (email is acceptable) and documented.
Personnel designated by the Department attending the site visit will review the Subrecipient's documentation before the
visit. Prior to the visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and
distributed to the site visit team at a minimum of five (5) calendar days before the visit. A reminder e-mail should be sent
to all team members and the Subrecipient's contract manager one business day in advance of the site visit.
Site Visit
Once designated personnel have arrived at the site, an orientation conference will be conducted. During this time, the
purpose of the site visit and the items the Department intends to examine will be identified. If financial monitoring visit will
be conducted, they will then explain their objectives and will proceed to perform the financial review.
Designated personnel will review all files and supporting documentation. Once the supporting documentation has been
reviewed, a tour/vi sual/spot inspection of equipment will be conducted.
Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should
have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per
Subrecipient agency requirements. The serial number should correspond with the appropriate rec eipt to confirm
purchase. Photographs should be taken of the equipment (expenditures in excess of $1,000.00 per item).
If an item is not available (being used during time of the site visit), the appropriate doe umentation must be provided to
account for that particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the
designated personnel will then conduct an exit conference with the Subrecipient to review the findings.
Other programmatic issues can be discussed at this time, such as missing quarterly reports, pay ment
voucher/rei m burs am ent, equipment, questions, etc.
Post Site Visit
Department personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if
applicable.
Within 30 calendar days of the site visit, a monitoring report will be generated and s ent to the Subrecipient explaining any
issues and corrective actions required or recommendations. The Subrecipient will submit a Corrective Action Plan within
a timeframe as determined by the Department. The Site Visit Worksheet, report and photographs will then be included in
the Subrecipient's file along with any documents distributed at the site visit by the Subrecipient.
Programmatic Point of Contact
Contractual and Programmatic Point of Contact
Regina Sauerack er Accountant 11
11655 NW Gainesville Road
Ocala, FL 34482-1486
(352)369-2854
Regina. Sauerack erCcD m yflorida cfo.com
IV. Contractual Responsibilities
The Department shall determine eligibility of projects and approve changes in scope of work.
The Department shall administer the financial processes.
23
i
ATTACHMENT A2
The following is the Budget Detail Worksheet detailing the
documentation that must accompany any Reimbursement Request
and Detail of Claims Form:
PLANNING: Please find the corresponding letter to understand what back-up
documentation is required - PLANNING ACTIVITIES ARE NOT WITHIN
THE SCOPE OF WORK FOR THIS CONTRACT, THEREFORE ARE NOT
AN ALLOWABLE EXPENSE.
• A. For salaries charged, please provide information describing what has been accomplished and
provide a copy of the plans once the grant is complete.
• B. For materials purchased to conduct a planning activity please submit purchase orders and
receipts and/or cancelled checks. For conferences and facilities, please provide documentation
describing the purpose of the conference and receipts.
• C. For travel, please provide the destination and submit receipts and a sign -in sheet of the
conferences each individual attended.
D. When dealing with Outreach and Volunteer programs, please provide a description of the
activities conducted and proper documentation to capture those activities.
D. Public Education/Outreach
A. Develop and implement homeland security support programs and adopt ongoing DHS national
initiatives
A. Develop and enhance plans and protocols
A. Develop or conduct assessments
D. Establish, enhance, or evaluate Citizen Corps -related volunteer programs
A. Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for
the purpose of hiring public safety personnel fulfilling traditional public safety duties)
B. Conferences to facilitate planning activities
B. Materials required to conduct planning activities
C. Travel/per diem related to planning activities
A. Overtime and backfill costs — Payment of overtime expenses will be for work performed by award
(SAA) or sub -award employees in excess of the established work week (usually 40 hours) related to
the planning activities for the development and implementation of the programs under HSGP.
24
MANAGEMENT AND ADMINSTRATION: The following should be submitted:
A. For salaries and backfill charged, please provide timesheets or time records to determine the
correct amount of hours billed to the grant.
B. For office equipment purchased, please submit purchase orders and receipts and/or cancelled
checks. For meeting related expenses, please provide documentation describing the purpose of
the meeting and submit purchase orders, receipts, and/or cancelled checks.
C. For travel please provide the names of the travelers along with destination and submit
receipts.
A. Hiring of full-time or part-time staff or contractors/consultants:
o To assist with the management of FY-- HSGP.
o To assist with design, requirements, and implementation of FY-- HSGP.
o To assist with the implementation and administration of the State Homeland Security Strategy, as
it may relate to the individual grant program.
A. Hiring of full-time or part-time staff or contractors/consultants and expenses related to:
o HSGP application submission management activities and application requirements.
o Meeting compliance with reporting/data collection requirements, including data calls.
B. Development of operating plans for information collection and processing necessary to
respond to DHS/G&T data calls.
A. Overtime and backfill costs -- Payment of overtime expenses will be for work performed by
award (SAA) or sub -award employees in excess of the established work week (usually 40 hours)
related to the M&A activities for the development and implementation of the programs under HSGP.
These costs are allowed only to the extent the payment for such services is in accordance with the
policies of the state or local unit(s) of government and has the approval of the state or the awarding
agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of
a unit of government may not receive compensation from their unit or agency of government AND
from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), 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.
C. Travel expenses
B. Meeting -related expenses (For a complete list of allowable meeting -related expenses, please
review the OJP Financial Guide at www.olp.usdoLgov/finciuideO6/).
B. Acquisition of authorized office equipment, including personal computers, laptop computers,
printers, LCD projectors, and other equipment or software which may be required to support the
implementation of the homeland security strategy.
B. The following are allowable only within the contract period:
o Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc.
• Leasing and/or renting of space for newly hired personnel to administer programs within FY07
UAS I.
OR
,
EXERCISES: The following should be submitted: EXERCISES ARE NOT
WITHIN THE SCOPE OF WORK FOR THIS CONTRACT, THEREFORE
ARE NOT AN ALLOWABLE EXPENSE
A. C. D. Exercise Planning Workshop - Grant funds may be used to plan
and conduct an Exercise Planning Workshop to include costs related to
planning, meeting space and other meeting costs, facilitation costs,
materials and supplies, travel and exercise plan development.
B. Full or Part -Time Staff or Contractors/Consultants - Full or part-time
staff may be hired to support exercise -related activities. Payment of salaries
and fringe benefits must be in accordance with the policies of the state or
local unit(s) of government and have the approval of the state or the
awarding agency, whichever is applicable. The services of
contractors/consultants may also be procured to support the design,
development, conduct and evaluation of CBRNE exercises. The applicant's
formal written procurement policy or the Federal Acquisition Regulations
FAR must be followed.
B. Overtime and backfill costs — Overtime and backfill costs associated
with the design, development and conduct of CBRNE exercises are
allowable expenses. Grantees may also use G&T grant funds to cover
overtime and backfill expenses for part-time and volunteer emergency
response personnel participating in G&T exercises.
A. Travel - Travel costs (Le., airfare, mileage, per diem, hotel, etc.) are
allowable as expenses by employees who are on travel status for official
business related to the planning and conduct of the exercise project(s).
These costs must be in accordance with state law as highlighted in the OJP
Financial Guide. States must also follow state regulations regarding travel.
If a state or
territory does not have a travel policy; they must follow federal guidelines
and rates, as explained in the OJP Financial Guide. For further information
on federal law pertaining to travel costs, please refer to
-www.omp.usdoi.gov/fingqKeO6/.
A. Supplies - Supplies are items that are expended or consumed during the
course of the planning and conduct of the exercise project(s) (e.g., copy
paper, gloves, tape, non -sterile masks, and disposable protective
e ui ment).
A. Other Items - These costs include the rental of space/locations for
exercise planning and conduct, exercise signs, badges, etc.
TRAINING: The following should be submitted
A complete list of G&T approved courses may be found at
www.omp.usdoi.gov/odp/docs/TED Course_ Catal_og2007.pdf
• A. For all training workshops and conferences make sure name, dates, type and location of
training are provided
• B All sign -in sheets or rosters along with a description of course details
• C. Submit invoices for all costs
• D. Requests for backfill and overtime must be accompanied by proof of
payment to the payee and timesheets indicating the extra hours worked
26
D. Overtime and backfill funding for emergency preparedness and response personnel attending
G&T-sponsored and approved training classes.
Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and
volunteer emergency response personnel participating in G&T training.
UASI funds may also be used for training citizens in awareness, prevention, protection, response
and recovery skills
A. B. C. Training Workshops and Conferences
D. Full or Part -Time Staff or Contractors/Consultants
A.Travel
C. Supplies
EQUIPMENT: The following should be submitted:
• All Authorized Equipment list ( AEL) numbers must be present per equipment category, the
yellow box below details the steps to be taken to get the proper AEL numbers.
• For all equipment purchased, there must be copies of purchase orders, canceled checks,
invoices, and receipts for all reimbursable equipment.
Eligible Equipment Acquisition Costs
The table below highlights the allowable equipment categories for this
award. A comprehensive listing of these allowable equipment categories,
and specific equipment eligible under each category, can be found on the
web -based Authorized Equipment List at: www.rkb.mi t.or
Register on the website and logon
Click on "search the RKB"
Click on "DHS Authorized Equipment List (AEL) — FY2007"
4- If you wish to purchase a piece of equipment from any category below,
then, in the appropriate space on the Detail of Claims form space given
below that category, put the "AEL item number" and "title"
Personal protective, equipment
Explosive device mitigation and remediation equipment
CBRNE operational search and rescue equipment
Information technology
Cyber security enhancement equipment ,
Interoperable communications equipment
Detection Equipment
Decontamination Equipment
Medical supplies and limited pharmaceuticals
Power equipment
CBRNEEreference materials
CBRNE'incident response vehicles'
27
. , ,
MANAGEMENT AND ADMINSTRATION: The following should be
submitted:
• A. For salaries and backfill charged, provide timesheets or time records to determine the correct
amount of hours billed to the grant.
• B. For office equipment purchased, submit purchase orders and receipts and/or cancelled
checks. For meeting related expenses, please provide documentation describing the purpose of
the meeting and submit purchase orders, receipts, and/or cancelled checks.
• C. For travel provide the names of the travelers along with destination and submit receipts.
A. Hiring of full-time or part-time staff or contractors/consultants:
o To assist with the management of FY-- HSGP.
o To assist with design, requirements, and implementation of FY-- HSGP.
o To assist with the implementation and administration of the State Homeland Security Strategy, as
it may relate to the individual grant program.
A. Hiring of full-time or part-time staff or contractors/consultants and expenses related to:
o HSGP application submission management activities and application requirements.
o Meeting compliance with reporting/data collection requirements, including data calls.
B. Development of operating plans for information collection and processing necessary to
respond to DHS/G&T data calls.
A. Overtime and backfill costs — Payment of overtime expenses will be for work performed by
award (SAA) or sub -award employees in excess of the established work week (usually 40 hours)
related to the M&A activities for the development and implementation of the programs under HSGP.
These costs are allowed only to the extent the payment for such services is in accordance with the
policies of the state or local unit(s) of government and has the approval of the state or the awarding
agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of
a unit of government may not receive compensation from their unit or agency of government AND.
from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), 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.
C. Travel expenses
B. Meeting -related expenses (For a complete list of allowable meeting -related expenses, please
review the OJP Financial Guide at www.oip.usdo'.gov/finguide06/).
B. Acquisition of authorized office equipment, including personal computers, laptop computers,
printers, LCD projectors, and other equipment or software which may be required to support the
implementation of the homeland security strategy.
U'-?
B. The following are allowable only within the contract period:
o Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc.
o Leasing and/or renting of space for newly hired personnel to administer programs within FY07
UAS I.
lW
Y , *
ATTACHMENT A3
Program Statutes and Regulations
1) 53 Federal Register 8034
2) Federal Acquisition Regulations 31.2 and 031.2
3) Section 1352, Title 31, US Code
4) OMB Circulars A-21, A-87, A-110, A-122
5) Chapter 473, Florida Statutes
6) Chapter 215, Florida Statutes
7) Section 768.28, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 216.181(6), Florida Statutes
10) Cash Management Improvement Act Of 1990
11) American with Disabilities Act
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 286.011, Florida Statutes
15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
17) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
20) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
21) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
22) 28 CFR applicable to grants and cooperative agreements
23) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
24) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
25) Title VI of the Civil Rights Act of 1964, as amended;
26) Section 504 of the Rehabilitation Act of 1973, as amended;
27) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
28) Title IX of the Education Amendments of 1972;
29) the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations,
30) 28 CFR Part 42, Subparts C,D,E, and G
31) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
32) Federal Acquisition Regulations 31.2 and 931.2
30
i T 4 ?' 1
ATTACHMENT A4
Warranties and Representations
Financial Management
Subrecipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities. These
records shall contain information pertaining to grant awards, authorizations, obligations,
unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Subrecipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
Competition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Subrecipient shall be alert to conflicts of interest as well as
noncompetitive practices among contractors that may restrict or eliminate competition or otherwise
restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive
advantage, contractors that develop or draft specifications, requirements, statements of work, invitations
for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards
shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most
advantageous to the Subrecipient, price, quality and other factors considered. Solicitations shall clearly
set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated
by the Subrecipient. Any and all bids or offers may be rejected when it is in the Subrecipient's interest to
do so.
31
Codes of conduct.
The Subrecipient 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 Subrecipient shall neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The
standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by
officers, employees, or agents of the Subrecipient.
Business Hours
The Subrecipient shall have its offices open for business, with the entrance door open to the public, and
at least one employee on site, from 8:00 AM to 5:00 PM. Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Subrecipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Subrecipient.
32
I - ,
ATTACHMENT A5
Contractor Covered Transactions
(1) The prospective contractor of the Subrecipient, _ , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Subrecipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By:
Signature
Name and Title
Street Address
City, State, Zip
Date
Subrecipient's Name
Department Contract Number
a]
ATTACHMENT A6
Statement of Assurances
The Subrecipient hereby assures and certifies compliance with all Federal statutes, regulations,
policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128,
A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative
Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of
Federal funds for this federally -assisted project. Also the Subrecipient Applt 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 Department, SAA, , Chief Financial Officer or the Comptroller General, through any
authorized representative, access to and the right to examine all records, books, papers, or documents
related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible
for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part
800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by
14
, r a A A^
(b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse
effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable.
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG -FREE WORKPLACE (SUBRECIPIENTS 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.
35