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Grant Security Camera for Water treatment plantFIAWROM TO: Allen Schoemaker, Director of Public Works F Phil Green, Assistant City Administrator DATE: August 13, 2012 ® Security Camera Quotes for Water Treatment Plant Facility Al, Attached are the following quotes we have received for security camera installation at the Blair. Water Treatment Plant facility. This plan would provide five (5) cameras which would cover the entrances to the Water Plant and Waste Water Plant (both provide access to the entire facility) and the areas around the Water Intake Structure. SEi $26,376.00 Five (5) cameras and video server. Server has` 6 TB of data storage, capable of recording 7+ days of video, and is expandable, enabling the addition of additional cameras in the future. Lutz Technology $7906.75 Network components to connect the video server to the Internet (secure password access) to all law enforcement to monitor the site. Al1Com Global Services, Inc. $10,000.00 Wireless components to connect the video cameras to the video server. Grand Total of All Equipment and Installation . $43 9 444.75 Prom ls,-' 71 M-ff Nebraska Dep. of • Human Service' Public Water System Water Security Subg' 2. Mayor /Board Chairperson /Owner Name/Title: James Realp-h Ma or Phone: 402 - 426 -4191 Email (valid phone number and e-mail address required) 3. Contact Person for Further Information on Application Name/Title: Allen Schoemaker, Director (of Public Works Phone: 402- 426 -4191 Email: ars @ci.blair.ne.us (valid phone number and e-mail address required) 4. Identify the security /emergency response improvements that will be addressed by this public water system security grant for each facility (well, storage, etc.) and include estimated cost for each facility. Please make this an itemized list with the individual cost associated with each item (i.e., locks, $$$; cameras, $$$, etc.). [Attach additional page(g) if needed.] Blair proposes to install security cameras at the City's water treatment plant intake and water treatment plant. The cameras will provide a video feed to employees to allow them to monitor all outside activities to assist them in providing a first line defense for the city ® s water treatment facilities. The system will consist of cameras, hardware and software as outlined in the attached documents. We have included a map showing the proposed locations for teh cameras. This system's cost is $43,444.75 and is expandable as funding becomes available. Allen Sc hoemaker... 402 - 426 - 426 ;= 1 PWS Representative NamelTitie (Please Print) Phone 8/10/2Q — Signature Date Fax or Mail Completed Application to: Kristin Luebbe, Water System Security Coordinator Nebraska Department of Health and Human Services Division of Public Health P.O. Box 95026 Lincoln, NE 68509 -5026 Fax: 4021471 -6436 2 Section Federal Award Information • •, Use this page only if the subgrant is being funded by multiple sources (multiple federal grants or a combination of federal and state funds) Federal Award Identifier Number (FAIN) Federal Awarding Agency Name Award Date CFDA Program Number Subgrant Amount From This Award: L_ Federal Award Identifier Number (FAIN) Federal Awarding Agency Name CFDA Program Number Award Date Subgrant Amount From This Award: $ -_ Federal Award Identifier Number (FAIN) Federal Awarding Agency Name CFDA Program Number Amount funded from Federal Grants $10,000.00 Amount funded from State General Funds $ Amount funded from State Cash Funds $ Amount funded from Federal Cash Funds $10,000.00 Award Date Subgrant Amount From This Award: $ Total amount funded from all sources $10,000.00 Subgrant Rev. 10/2011 total of grants in Section A fed sources other than grants should equal total of subgrant 14 action tp — uiTicerUOMPUF15dL1U11 1. In your business or organization's previous fiscal year, did your business organization (including parent organization, all branches, and all affiliates worldwide) receive 80% or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and /or cooperative agreements AND $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and /or cooperative agreements? ❑ Yes — answer Question 2 ® No — not required to provide officer compensation 2. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes — not required to provide officer compensation ❑ No — provide the names and total compensation of the five most highly compensated officers of the entity below 1. $ Name Compensation 2. $ Name Compensation 3. $ Name Compensation 4. $ Name Compensation 5. $ Name Compensation Subgrant 13 Rev. 10/2011 Attachment 2 • - ' -•• • • Federal Award Identifier Number (FAIN) FS997805 Federal Awarding Agency Name U.S. Environmental Protection Agency Award Date 9/10/2009 CFDA Program Number 66.648 Subgrant Amount From This Award: $10,000.00 *See instructions if the subgrant is funded from more than one funding source . l - - r - - - Subrecipient DUNS 067087887 Subrecipient Name City of Blair Subrecipient Address: Street 216 S 16 Street City Blair State NE Country USA Zip Code + 4 68008 -1674 Congressional District 1 Amount of Subgrant $10,000.00 Subgrant Date 3/7/2013 Subrecipient Principal City Blair State NE Place of Performance: Country USA Zip Code + 4 68008 -1674 Congressional District 1 Subgrant Number 17051 -Y3 (Will be completed by Support Services) Subgrant Project Description Public Water System Security Grant Subgrant 12 Rev. 10/2011 including commodities in our current fiscal year. Therefore, we are subject to the single audit requirements of Circular A -133. We will engage a licensed Certified Public Accountant to conduct and prepare the audit of our organization's financial statements and components of the single audit pertaining to those financial statements. We acknowledge the audit must be completed no later than nine months after the end of our current fiscal year. We further acknowledge, that a single audit performed in accordance with Circular A -133 must be submitted to the Federal Audit Clearinghouse. The reporting package, as evidence the audit was completed must contain: ® financial statements, a schedule of Expenditure of Federal Awards, 0 a Summary Schedule of Prior Audit Findings (if applicable), ® a corrective action plan (if applicable) and the auditor's report(s) which includes an opinion upon financial statements and Schedule of Expenditures of Federal Awards, a report of internal control, a report of compliance and a Schedule of Findings and Questioned Costs. We further acknowledge the auditor and this contractor or subrecipient must complete and submit with the reporting package a Data Collection Form for Reporting on Audits of States, Local Governments and Non - Profit Organizations (SF -SAC). We further acknowledge a copy of the contractor's financial statements, auditor's report and SF -SAC must be submitted, at the time these documents are submitted to the Federal-Audit Clearinghouse, to: Nebraska Department of Health and Human Services Financial Services Grants and Cost Management P.O. Box 95026 Lincoln, NE 68509 -5026 The foregoing submissions must be made within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period. Subgrant 11 Rev. 10/2011 Attachment 1 Subrecipients and certain contractors receiving funds from the Nebraska Department of Health and Human Services are required to complete this document. Reference to the Office of Management and Budget Circular A -133, Audits of States, Local Governments and Non - Profit Organizations, in this document is "Circular A -133 ". Grant Name Capitalization Grants for Drinking Water State Revolving Funds Grant # FS99780 CFDA* # 66.468 *(Catalog of Federal Domestic Assistance) Contractor's Name City of Blair Address: 218 S 16 Street City: Blair State: NE Zip Code: 68008 -1674 Federal Tax Identification Number (FTI) 476006106 Contractor's Fiscal Year ®C ��� 1 , 20 12 to Dk_m r 3 , 20 I3 All written communications from the Certified Public Accountant (CPA) engaged under #1 or #2 below, given to the contractor related to Statement of Auditing Standards (SAS) 112 Communicating Internal Control related Matters Identified in an Audit and SAS 114 The Auditor's Communication with Those Charged With Governance and any additional reports issued by the auditor as a result of this engagement must be provided to the DHHS immediately upon receipt, unless the Subrecipient or contractor has directed the CPA to provide the copy directly to the DHHS and has verified this has occurred. Check either 1 or 2 1. r As the subrecipient or contractor named above, we expect to expend less than $500,000 from all Federal Financial Assistance sources, not just the grant named above, and including commodities in our current fiscal year. Therefore, we are not subject to the audit requirements of Circular A -133. We are, however, responsible for engaging a licensed Certified Public Accountant (CPA) to conduct an audit of our organization's financial statements if we have total federal expenditures over $100,000. We acknowledge the audit must be completed no later than nine months after the end of our organization's current fiscal year. A copy of the report must be submitted to DHHS address as shown below within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period. 2. _ As the subrecipient or contractor named above, we expect to expend $500,000 or more from all Federal Financial Assistance sources, not just the grant named above, and Subgrant 10 Rev. 10/2011 HH. SMOKE FREE. Public Law 103 -227, also known as the Pro - Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable Federal funds in Medicare or Medicaid; or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1000 for each violation and /or the imposition of an administrative compliance order on the responsible entity. By signing, the Subrecipient certifies that the Subrecipient will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. II. SUBRECIPIENTS OR SUBCONTRACTORS. The Subrecipient shall not subgrant or subcontract any portion of this award without prior written consent of DHHS. The Subrecipient shall ensure that all subcontractors and subrecipients comply with all requirements of this subgrant and applicable federal, state, county and municipal laws, ordinances, rules and regulations. JJ. TIME IS OF THE ESSENCE. Time is of the essence in this subgrant. The acceptance of late performance with or without objection or reservation by DHHS shall not waive any rights of DHHS nor constitute a waiver of the requirement of timely performance of any obligations on the part of the Subrecipient remaining. NOTICES. Notices shall be in writing and shall be effective upon receipt. Written notices, including all reports and other written communications required by this subgrant shall be sent to the following addresses: FOR DHHS: Kristin Luebbe NE Department of Health & Human Services PO Box 95026 Lincoln, NE 68509 -5026 402/471 -1007 effl- -- James Realph City of Blair 218S 16 Street Blair, NE 68008 -1674 402/4264191 IN WITNESS THEREOF, the parties have duly executed this subgrant hereto, and each party acknowledges the receipt of a duly executed copy of this subgrant with original signatures. FOR DHHS: Mary Sue Semerena Environmental Health Unit Administrator Subgrant Rev. 10/2011 DATE: 9 designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Subrecipient is an individual or sole proprietorship, the following applies: 1. The Subrecipient must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Subrecipient indicates on such attestation form that he or she is a qualified alien, the Subrecipient agrees to provide the U.S. Citizenship and Immigration Services documentation required to verify the Subrecipient's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. 3. The Subrecipient understands and agrees that lawful presence in the United States is required and the Subrecipient may be disqualified or the subgrant terminated if such lawful presence cannot be verified as required by NEB. REV. STAT. § 4 -108. BB. PUBLICATIONS. Subrecipient agrees that all publications that result from work under this subgrant will acknowledge that the project was supported by "Grant No. XXXX" under a subgrant from "Federal Agency" and DHHS. CC. PROGRAMMATIC CHANGES. The Subrecipient shall request in writing to DHHS for approval of programmatic changes. DHHS shall approve or disapprove in whole or in part in writing within thirty (30) days of receipt of such request. DD. PROMPT PAYMENT Payment shall be made in conjunction with the State of Nebraska Prompt Payment Act, NEB. REV. STAT. §§ 81 -2401 through 81 -2408. Unless otherwise provided herein, payment shall be made by electronic means. Automated Clearinq House (ACH) Enrollment Form Requirements for P ayment. The Subrecipient shall complete and sign the State of Nebraska ACH Enrollment Form and obtain the necessary information and signatures from their financial institution. The completed form must be submitted before payments to the Subrecipient can be made. Download ACH Form: http://www.das,state.ne.us/accounting/nis/address book info.htm EE. PUBLIC COUNSEL In the event Subrecipient provides health and human services to individuals on behalf of DHHS under the terms of this award, Subrecipient shall submit to the jurisdiction of the Public Counsel under NEB. REV. STAT. §§ 81 -8,240 through 81 -8,254 with respect to the provision of services under this subgrant. This clause shall not apply to subgrants between DHHS and long -term care facilities subject to the jurisdiction of the state long -term care ombudsman pursuant to the Long -Term Care Ombudsman Act. FF. RESEARCH The Subrecipient shall not engage in research utilizing the information obtained through the performance of this subgrant without the express written consent of DHHS. The term "research" shall mean the investigation, analysis, or review of information, other than aggregate statistical information, which is used for purposes unconnected with this subgrant. GG. SEVERABILITY If any term or condition of this subgrant is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this subgrant did not contain the particular provision held to be invalid. Subgrant 8 Rev. 10/2011 W. INTEGRATION This written subgrant represents the entire agreement between the parties, and any prior or contemporaneous representations, promises, or statements by the parties, that are,,not incorporated herein, shall not serve to vary or contradict the terms set forth in this subgrant. X. LOBBYING 1. Subrecipient certifies that no Federal appropriated funds shall be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this award for: (a) the awarding of any Federal agreement; (b) the making of any Federal grant; (c) the entering into of any cooperative agreement; and (d) the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement. 2. If any funds, other than Federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence: an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this subgrant, the Subrecipient shall complete and submit Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Y. NEBRASKA NONRESIDENT INCOME TAX WITHHOLDING. Subrecipient acknowledges that Nebraska law requires DHHS to withhold Nebraska income tax if payments for personal services are made in excess of six hundred dollars ($600) to any Subrecipient who is not domiciled in Nebraska or has not maintained a permanent place of business or residence in Nebraska for a period of at least six months. This provision applies to: individuals; to a corporation, if 80% or more of the voting stock of the corporation is held by the shareholders who are performing personal services, and to a partnership or limited liability company, if 80% or more of the capital interest or profits interest of the partnership or limited liability company is held by the partners or members who are performing personal services. The parties agree, when applicable, to properly complete the Nebraska Department of Revenue Nebraska Withholding Certificate for Nonresident Individuals Form W -4NA or its successor. The form is available at: http://www.revenue.ne.gov/tax/current/f w- 4na.pdf or http: / /www.revenue.ne.gov /tax /current /fill -in /f w- 4na.pdf Z. NEBRASKA TECHNOLOGY ACCESS STANDARDS The Subrecipient shall review the Nebraska Technology Access Standards, found at http: / /www.nitc.ne.gov/ standards /accessibility /tacfinal.html and ensure that products and /or services provided under the subgrant comply with the applicable standards. In the event such standards change during the Subrecipient's performance, the State may create an amendment to the subgrant to request that Subrecipient comply with the changed standard at a cost mutually acceptable to the parties. AA. NEW EMPLOYEE WORK ELIGIBILITY STATUS The Subrecipient shall use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1324a, known as the E- Verify Program, or an equivalent federal program Subgrant 7 Rev. 10/2011 Subrecipient Reporting Requirements. DHHS reserves the right to extend the due date for any report and may waive, in writing, any report it considers to be unnecessary. 4. DHHS shall make any necessary adjustments upward or downward in the federal share of costs. 5. The Subrecipient shall assist and cooperate in the orderly transition and transfer of subgrant activities and operations with the objective of preventing disruption of services. 6. Close -out of this subgrant shall not affect the retention period for, or state or federal rights of access to, Subrecipient records, or Subrecipient's responsibilities regarding property or with respect to any program income for which Subrecipient is still accountable under this subgrant. If no final audit is conducted prior to close -out, DHHS reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted at a later time. S. GOVERN! NG LAW The award shall be governed in all respects by the laws and statutes of the State of Nebraska. Any legal proceedings against DHHS or the State of Nebraska regarding this award shall be brought in Nebraska administrative or judicial forums as defined by Nebraska State law. The Subrecipient shall comply with all Nebraska statutory and regulatory law. T. HOLD HARMLESS 1. The Subrecipient shall defend, indemnify, hold, and save harmless the State of Nebraska and its employees, volunteers, agents, and its elected and appointed officials ( "the indemnified parties ") from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses ( "the claims "), sustained or asserted against the State of Nebraska, arising out of, resulting from, or attributable to the willful misconduct, negligence, error, or omission of the Subrecipient, its employees, consultants, representatives, and agents, except to the extent such Subrecipient's liability is attenuated by any action of the State of Nebraska which directly and proximately contributed to the claims. 2. DHHS's liability is limited to the extent provided by the Nebraska Tort Claims Act, the Nebraska Contract Claims Act, the Nebraska Miscellaneous Claims Act, and any other applicable provisions of law. DHHS does not assume liability for the action of its Subrecipients. U. INDEPENDENT ENTITY The Subrecipient is an Independent Entity and neither it nor any of its employees shall, for any purpose, be deemed employees of DHHS. The Subrecipient shall employ and direct such personnel, as it requires, to perform its obligations under this subgrant, exercise full authority over its personnel, and comply with all workers' compensation, employer's liability and other federal, state, county, and municipal laws, ordinances, rules and regulations required of an employer providing services as contemplated by this subgrant. V. REIMBURSEMENT REQUEST. Requests for payments submitted by the Subrecipient shall contain sufficient detail to support payment. Any terms and conditions included in the Subrecipient's request shall be deemed to be solely for the convenience of the parties. Subgrant 6 Rev. 10/2011 procedures to be followed by the Subrecipient in discharging its obligations under this subgrant shall be deemed incorporated by reference and made a part of this subgrant with the same force and effect as if set forth in full text, herein. M. DRUG -FREE WORKPLACE Subrecipient agrees, in accordance with 41 USC §701 et al., to maintain a drug -free workplace by: (1) publishing a drug -free workplace statement; (2) establishing a drug -free awareness program; (3) taking actions concerning employees who are convicted of violating drug statutes in the workplace; and (4) in accordance with 2 CFR §180.230, identify all workplaces under its federal awards. N. FEDERAL FINANCIAL ASSISTANCE The Subrecipient shall comply with all applicable provisions of 45 C.F.R. §§ 87.1 -87.2. The Subrecipient certifies that it shall not use direct federal financial assistance to engage in inherently religious activities, such as worship, religious instruction, and /or proselytization. O. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REPORTING. The Subrecipient shall complete the Subrecipient Reporting Worksheet, Attachment 2, sections B and C. The Subrecipient certifies the information is complete, true and accurate. P. FORCE MAJEURE Neither party shall be liable for any costs or damages resulting from its inability to perform any of its obligations under this subgrant due to a natural disaster, or other similar event outside the control and not the fault of the affected party ( "Force Majeure Event "). A Force Majeure Event shall not constitute a breach of this subgrant. The party so affected shall immediately give notice to the other party of the Force Majeure Event. Upon such notice, all obligations of the affected party under this subgrant which are reasonably related to the Force Majeure Event shall be suspended, and the affected party shall do everything reasonably necessary to resume performance as soon as possible. Labor disputes with the impacted party's own employees will not be considered a Force Majeure Event and will not suspend performance requirements under this subgrant. Q. FUNDING AVAILABILITY DHHS may terminate the subgrant, in whole or in part, in the event funding is no longer available. Should funds not be appropriated, DHHS may terminate the award with respect to those payments for the fiscal years for which such funds are not appropriated. DHHS shall give the Subrecipient written notice thirty (30) days prior to the effective date of any termination. The Subrecipient shall be entitled to receive just and equitable compensation for any authorized work which has been satisfactorily completed as of the termination date. In no event, shall the Subrecipient be paid for a loss of anticipated profit. R. GRANT CLOSE -OUT. Upon completion or notice of termination of this grant, the following procedures shall apply for close -out of the subgrant: 1. The Subrecipient will not incur new obligations after the termination or completion of the subgrant, and shall cancel as many outstanding obligations as possible. DHHS shall give full credit to Subrecipient for the federal share of non - cancelable obligations properly incurred by Subrecipient prior to termination, and costs incurred on, or prior to, the termination or completion date. 2. Subrecipient shall immediately return to DHHS any unobligated balance of cash advanced or shall manage such balance in accordance with DHHS instructions. 3. Within a maximum of 90 days following the date of expiration or completion, Subrecipient shall submit all financial, performance, and related reports required by the Subgrant 5 Rev. 10/2011 DHHS may, at its discretion, obtain any services required to complete this subgrant and hold the Subrecipient liable for any excess cost caused by Subrecipient's default. This provision shall not preclude the pursuit of other remedies for breach of subgrant as allowed by law. G. CONFIDENTIALITY Any and all confidential or proprietary information gathered in the performance of this subgrant, either independently or through DHHS, shall be held in the strictest confidence and shall be released to no one other than DHHS without the prior written authorization of DHHS, provided that contrary subgrant provisions set forth herein shall be deemed to be authorized exceptions to this general confidentiality provision. As required by United States Department of Health and Human Services (hereinafter "HHS ") appropriations acts, all HHS recipients and DHHS Subrecipients must acknowledge Federal and DHHS funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal and DHHS funds. Recipients are required to state: (1) the percentage and dollar amounts of the total program or project costs financed with Federal and DHHS funds; and (2) the percentage and dollar amount of the total costs financed by nongovernmental sources. T his provision shall survive termination of this subgrant. H. CONFLICTS OF INTEREST In the performance of this subgrant, the Subrecipient shall avoid all conflicts of interest and all appearances of conflicts of interest. The Subrecipient shall immediately notify DHHS of any such instances encountered, so that other arrangements can be made to complete the work. COST PRINCIPLES AND AUDIT REQUIREMENTS. The Subrecipient shall follow the applicable cost principles set forth in OMB Circular A -87 for State, Local and Indian Tribe Governments; A -21 for Colleges and Universities; or A -122 for Non - Profit Organizations. Federal audit requirements are dependent on the total amount of federal funds expended by the Subrecipient, set in the table below and Attachment 1, Audit Requirement Certification. Audits must be prepared and issued by an independent certified public accountant licensed to practice. A copy of the annual audit is to be made electronically available or sent to: Nebraska Department of Health and Human Services, Financial Services, P.O. Box 95026, Lincoln, NE 68509 -5026. J. DATA OWNERSHIP AND COPYRIGHT. Except as otherwise provided in the Federal Notice of Award, DHHS shall own the rights in data resulting from this project or program. The Subrecipient may copyright any of the copyrightable material and may patent any of the patentable products produced in conjunction with the performance required under this subgrant without written consent from DHHS. DHHS and any federal granting authority hereby reserve a royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the copyrightable material for federal or state government purposes. This provision shall survive termination of this subgrant. K. DEBARMENT SUSPENSION OR DECLARED INELIGIBLE. The Subrecipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. L. DOCUMENTS INCORPORATED BY REFERENCE All references in this subgrant to laws, rules, regulations, guidelines, directives, and attachments which set forth standards and Subgrant 4 Rev. 10/2011 Amount of annual federal expenditure Audit Type $100, 000 to $499,999 Financial Statement Audit 500, 000 or more in federal expenditure A -133 audit J. DATA OWNERSHIP AND COPYRIGHT. Except as otherwise provided in the Federal Notice of Award, DHHS shall own the rights in data resulting from this project or program. The Subrecipient may copyright any of the copyrightable material and may patent any of the patentable products produced in conjunction with the performance required under this subgrant without written consent from DHHS. DHHS and any federal granting authority hereby reserve a royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the copyrightable material for federal or state government purposes. This provision shall survive termination of this subgrant. K. DEBARMENT SUSPENSION OR DECLARED INELIGIBLE. The Subrecipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. L. DOCUMENTS INCORPORATED BY REFERENCE All references in this subgrant to laws, rules, regulations, guidelines, directives, and attachments which set forth standards and Subgrant 4 Rev. 10/2011 The Auditor's Communication with Those Charged With Governance, The Subrecipient agrees to provide DHHS with a copy of all such written communications immediately upon receipt or instruct any auditor it employs to deliver copies of such written communications to DHHS at the same time copies are delivered to the Subrecipient, in which case the Subrecipient agrees to verify that DHHS has received a copy. 3. The subrecipient shall immediately commence follow -up action on findings arising from audits or other forms of review. Follow -up action includes responding to those conducting such examinations with clear, complete views concerning the accuracy and appropriateness of the findings. If the finding is accepted, corrective action, such as repaying disallowed costs, making financial adjustments, or taking other actions should proceed and be completed as rapidly as possible. If the subrecipient disagrees, it should provide an explanation and specific reasons that demonstrate that the finding is not valid. 4. In addition to, and in no way in limitation of any obligation in this subgrant, the Subrecipient shall be liable for audit exceptions, and shall return to DHHS all payments made under this subgrant for which an exception has been taken or which has been disallowed because of such an exception, upon demand from DHHS. B. AMENDMENT This subgrant may be modified only by written amendment executed by both parties. No alteration or variation of the terms and conditions of this subgrant shall be valid unless made in writing and signed by the parties. C. ANTI - DISCRIMINATION The Subrecipient shall comply with all applicable local, state and federal statutes and regulations regarding civil rights and equal opportunity employment, including Title VI of the Civil Rights Act of 1964; the Rehabilitation Act of 1973, Public Law 93 -112; the Americans with Disabilities Act of 1990, Public Law 101 -336; and the Nebraska Fair Employment Practice Act, NEB. REV. STAT. §§ 48 -1101 to 48 -1125. Violation of said statutes and regulations will constitute a material breach of this subgrant. The Subrecipient shall insert this provision into all subgrants and subcontracts. D. ASSIGNMENT The Subrecipient shall not assign or transfer any interest, rights, or duties under this subgrant to any person, firm, or corporation without prior written consent of DHHS. In the absence of such written consent, any assignment or attempt to assign shall constitute a breach of this subgrant. E. ASSURANCE If DHHS, in good faith, has reason to believe that the Subrecipient does not intend to, is unable to, has refused to, or discontinues performing material obligations under this subgrant, DHHS may demand in writing that the Subrecipient give a written assurance of intent to perform. Failure by the Subrecipient to provide written assurance within the number of days specified in the demand may, at DHHS's option, be the basis for terminating this subgrant. F. BREACH OF SUBGRANT DHHS may immediately terminate this subgrant and agreement, in whole or in part, if the Subrecipient fails to perform its obligations under the subgrant in a timely and proper manner. DHHS may withhold payments and provide a written notice of default to the Subrecipient, allow the Subrecipient to correct a failure or breach of subgrant within a period of thirty (30) days or longer at DHHS's discretion considering the gravity and nature of the default. Said notice shall be delivered by Certified Mail, Return Receipt Requested or in person with proof of delivery. Allowing the Subrecipient time to correct a failure or breach of this subgrant does not waive DHHS's right to immediately terminate the subgrant for the same or different subgrant breach which may occur at a different time. Subgrant 3 Rev. 10/2011 C. BUDGET CHANGES. The Subrecipient is permitted to reassign funds from one line item to another line item within the approved budget. If funds are reassigned between line items, prior approval from DHHS is required for cumulative budget transfer requests for allowable costs, allocable to the subgrant exceeding five percent (5 %) of the current total approved budget. Budget revision requests shall be submitted in writing to DHHS. DHHS will provide written notification of approval or disapproval of the request within thirty (30) days of its receipt. III. STATEMENT OF WORK A. The Subrecipient shall: 1. Notify Kristin Luebbe at 402/471 -1007 or kristin.luebbepnebraska.gov that the material /equipment in the application, Attachment 3, has been installed and is ready for an inspection. 2. Provide a copy of the billing invoice(s) and a copy of the cancelled check(s) (front and back) or a copy of the bank statement showing the check has cleared the bank for the materials, equipment and installation. 3. Have a current public water system Emergency Response Plan that has been approved by the DHHS. 4. Have a designated water system operator successfully obtain certification for completed courses on Incident Command and the National Incident Management Systems (Courses ICS 100, 200 and 700) and provide copies of the certification to the DHHS. 5. Provide a 10% match of Subrecipient's funds to improve the protection of the public water system. B. DHHS shall: 1. Inspect the installation of the materials /equipment before payment can be issued. IV. GENERAL TERMS AND ASSURANCES A. ACCESS TO RECORDS AND AUDIT RESPONSIBILITIES. 1. All Subrecipient books, records, and documents regardless of physical form, including data maintained in computer files or on magnetic, optical or other media, relating to work performed or monies received under this subgrant shall be subject to audit at any reasonable time upon the provision of reasonable notice by DHHS. Subrecipient shall maintain all records for three (3) years from the date of final payment, except records that fall under the provisions of the Health Insurance Portability and Accountability Act (HIPAA) shall be maintained for six (6) full years from the date of final payment. In addition to the foregoing retention periods, all records shall be maintained until all issues related to an audit, litigation or other action are resolved to the satisfaction of DHHS. The Subrecipient shall maintain its accounting records in accordance with generally accepted accounting principles. DHHS reserves and hereby exercises the right to require the Subrecipient to submit required financial reports on the accrual basis of accounting. If the Subrecipient's records are not normally kept on the accrual basis, the Subrecipient is not required to convert its accounting system but shall develop and submit in a timely manner such accrual information through an analysis of the documentation on hand (such as accounts payable). 2. The Subrecipient shall provide DHHS any and all written communications received by the Subrecipient from an auditor related to Subrecipient's internal control over financial reporting requirements and communication with those charged with governance including those in compliance with or related to Statement of Auditing Standards (SAS) 112 Communicating Internal Control related Matters Identified in an Audit and SAS 114 Subgrant 2 Rev. 10/2011 17051 -Y3 . DIVISION THE NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES OF '-, OFFICE OF AND • "TIM This subgrant is entered into by and between the Nebraska Department of Health and Human Services, DIVISION OF PUBLIC HEALTH OFFICE OF DRINKING WATER AND ENVIRONMENTAL HEALTH (hereinafter "DHHS "), and CITY OF BLAIR, NEBRASKA (hereinafter "Subrecipient "). CFDA Title & #: Capitalization Grants for Federal Agency: U.S. EPA Drinking Water State Revolving Funds /66.468 Award Name: Drinking Water State Federal Award Identifier # FS997805 Revolving Fund Issue Date: 9/10/2009 This award is not for research and Award Date: 3/7/2013 does not include ARRA funds. PURPOSE The purpose of this subgrant is: to provide funds to community and non - transient non - community public water systems serving a population of 10,000 or less for improving the protection of public water systems. A. TERM This award is in effect from March 7, 2013 the effective date through June 30, 2013, the completion date. B. TERMINATION This subgrant may be terminated at any time upon mutual written consent or by either party for any reason upon submission of written notice to the other party at least Thirty (30) days prior to the effective date of termination. DHHS may also terminate this subgrant in accord with the provisions designated "FUNDING AVAILABILITY" and "BREACH OF SUBGRANT." In the event either party terminates this subgrant, the Subrecipient shall provide to DHHS all work in progress, work completed, and materials provided by DHHS in connection with this subgrant immediately. A. TOTAL SUBGRANT DHHS shall pay the Subrecipient a total amount, not to exceed $10,000.00 (ten thousand dollars and no cents) for the activities specified herein. B. PAYMENT STRUCTURE Payment shall be structured as follows: 1. A single payment will be paid to the Subrecipient upon receipt of items referenced in Item III.A. Subgrant Rev. 10/2011