Item C22
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 18. 2006
Division: Emergency Services
Bulk Item: Yes ~ No
Department: Emergency Management
Staff Contact Person: Jose Tezanos
AGENDA ITEM WORDING: Approval of an application of a Federally-Funded Subgrant Agreement
with the State of Florida, Division of Emergency Management Contract # 07DS-5N-II-54-01 in the
amount of $20,309.00; and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
ITEM BACKGROUND: This Grant is intended to perform eligible activities as identified in the Office
of Grants and training Fiscal Year 2006-07 State Homeland Security Grant Program (SHSGP),
consistent with the Department of Homeland Security State Strategy.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: This Agreement began July 1st, 2006 and shall end
January 31, 2008.
STAFF RECOMMENDATIONS: Our Director has reviewed this document and recommends a
approval.
TOTAL COST:
o
BUDGETED: Yes
No
COST TO COUNTY:
o
SOURCE OF FUNDS:
Grant funds
REVENUE PRODUCING: Yes~ No
AMOUNTPERMONTH_ Year 20.309
APPROVED BY: County Atty Yes
OMBlPurchasing. No
Risk Management No
DOCUMENTATION:
Included X
Not Required_
DISPosmON:
AGENDA ITEM #
Revised 8/06
MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY
Meeting Date: October 18. 2006
Division:
Emergency Services
Bulk Item: Yes ~ No
Department: Emergency Management
Staff Contact Person: Jose Tezanos
AGENDA ITEM WORDING: Approval of an application of a Federally-Funded Subgrant Agreement
with the State of Florida, Division of Emergency Management Contract # 07DS-5N-11-54-01 in the amount
of $20,309.00, and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
ITEM BACKGROUND: This Grant is intended to perform eligible activities as identified in the Office
of Grants and training Fiscal Year 2006-07 State Homeland Security Grant Program (SHSGP), consistent
with the Department of Homeland Security State Strategy.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: This Agreement began July 1st, 2006 and shall end
January 31,2008.
STAFF RECOMMENDA nONS: Our Department Head has reviewed the agreement and requests
your approval.
(,
MONROE COUNTY BOARD OF COUNTY COl\1MISSIONERS
CONTRACTSl.Jl\.1JMARY
Contract with: State of Florida, DEM Contract #OIDS 5N-1l-54-0I
Effective Date: July 1, 2006
Expiration Date: January 31, 2008
Contract PurposelDescription:
This Grant is intended to oerform eligible activities as identified in the Office of
Grants and traininQ Fiscal Year 2006-07 State Homeland Securitv Grant ProQTam (SHSGPl
consistent with the Deoartment of Homeland Security State Strategy.
Contract Manager: Jose Tezanos 6325 14
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on October 18, Agenda Deadline: October 3, 2006
2006
CONTRACT COSTS
Total Dollar Value of Contract: $ 20,309.00
Budgeted? YesO No ~ Account Codes:
Grant: $ 20,309.00
County Match: $ 0
Current Year Portion: $ 20,309.00
- - -
---
-
-
- -
---
- - -
---
- - -
---
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(e~. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVlEW
Date In
Changes
Needed
YesONoD
YesDNoD
Date Out
Reviewer
Division Director
Risk Management
/-)
O.M.B./Purchasing _ YesO NoD /j ...... if
County Attorney q);l/oi YesO No~' ~4~-7d /[)//~-'t4/ ?h,J;i
( \.." 7
Comments:
OIvfB Form Revised 2/27/01 MCP #2
Contract Number: 07DS-5N-11-54-01-
CFDA Number: 97.067
FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and
Monroe County Emergency Management, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the
authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and
C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Division and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT,
This Agreement shall begin July 1, 2006 and shall end January 31, 2008, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are 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 Agree.mant.
(5) RECORDKEEPfNG
(a) As applicable, Recipient's performance under this Agreement shall be sUbject to the
federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-11 0, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-8?, "Cost
Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided under this Agreement, for a period of five years from the date the audit report is issued, and
shall allow the Division or its designee, Chief Financial Offlcer, or Auditor General access to such records
upon request. The Recipient shall ensure that audit working papers are made available to the Division
designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date
the audit report is issued, unless extended in writing by the Division the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 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 closing of title.
2
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including supporting documentation of
aU program costs, in a form sufficient to determine compliance with the requirements and objectives of the
Budget and Scope of Work - Attachment A. and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow acoess to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be Hmited to, auditors retained by the
Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also prOVide the Department of Community Affairs and/or the
Division with the records, reports or financial statements upon request for the purposes of auditing and
monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Reoipient must have a single or program-specific audit conducted in
accordance with the provisions of OMS Circular A-133, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards. The
determination of amounts of Federal awards expended should be in accordance with the guidelines
3
established by OMS Circular A-133, as revised. An audit of the Recipient conducted by the Auditor
General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements
of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulflll the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of
the audit must be paid from non-Federal resources (I.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMS Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMS Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to the above office at the following address:
aurilla.parrish@dca.state.fl.us
and
Division of Emergency Management
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMS 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 10lh Street
Jeffersonville, IN 47132
4
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in SeCtion .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to the above office at the following address:
aurilla.parrish@dca,state.fl.us
and
Division of Emergency Management
Bureau of Compliance Planning and Support
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department and the Division pursuant to this Agreement shall be submitted timely in accordance with
OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department and the
Division for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate
the date that the reporting package was delivered to the Recipient in correspondence accompanying the
reporting package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Division of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department or the Division has
notified the Recipient of such non-compliance.
m The ReCipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
5
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department and the Division no later than seven (7) months
from the end of the Recipient's fiscal year.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with
a close-out report, These reports shall include the current status and progress by the Recipient and all
sub recipients and subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to such other information as requested by the
Division.
(b) Quarterly reports are due to be received by the Division no later than 30 days after
the end of each quarter of the program year and shall continue to be submitted each quarter until
submission of the administrative close-out report. The ending dates for each quarter of the program year
are March 31, June 30, September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the Division or are
not completed in a manner acceptable to the Division, the Division may withhold further payments until
they are completed or may take such other action as set forth in Paragraph (11) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance with the Budget
and Scope of Work, Attachment A.
(e) The Recipient shall provide such additional program updates, reports or information
as may be required by the Division.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within
the specified time periods, and other performance goals stated in this Agreement are achieved. Such
6
review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment
A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMS Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures
may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMS
Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a lim ited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to
the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General.
In addition, the Division will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall hold the Division harmless against all claims of whatever nature by third
parties arising out of the pertormance of work under this agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees
to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to
serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of any contract.
7
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the
Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may
make any payments or parts of payments after the happening of any Events of Default without thereby
waiving the right to exercise such remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Division shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDI ES.
Upon the happening of an Event of Default, then the Division may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently
or consecutively:
(a) Terminate this Agreement, provided that the Recipient 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 (13) herein;
8
(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 remediai actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. requiring the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Division any funds which were used for
ineligible purposes under the program laws, rules and regulations governing the use of funds under this
program.
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Division from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Division of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any ather right ar remedy of the Division hereunder,
or affect the subsequent exercise of the same right or remedy by the Division for any further or
subsequent default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause upon such written notice as is
reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with appl1cable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient ta permit public access to any document, paper, letter, or other material subject
ta disclosure under Chapter 119, Fla. Stat., as amended.
9
(b) The Division may terminate this Agreement when it determines, in its sole discretion,
that the continuation of the Agreement would not produce beneficial results commensurate with the
further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice.
(c) The parties may agree to terminate 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, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the
Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for
purpose of set-off until such time as the exact amount of damages due the Division trom the Recipient is
determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Carolyn Washington, Community Assistance Consultant
Division of Emergency Management
Finance and Logistics, Grants Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 410-1271
Fax: (850) 488-7842
Emall: carolvn.washinqton@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Telephone:
Fax:
Email:
10
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13){a) above,
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval prior to execution of the
subcontract by the Recipient. The Recipient agrees to include in the subcontract that (I) the subcontractor
is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applfcable state and federal
laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all
claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law. Each subcontractor's progress in performing its work under this
Agreement shall be documented in the quarterly report submitted by the Recipient.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as jf set out fully herein.
(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.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Justification of Advance
Attachment D - Warranties and Representations
11
Attachment E - Certification Regarding Debarment
Attachment F - Assurances
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $20,309
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMS Circulars A-87, A.110. A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be included in this Agreement as Attachment C.
Attachment C will specify the amount of advance payment needed and provide an explanation of the
necessity for and proposed use of these funds.
1. No advance payment is requested.
2. An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by Congress,
the State Legislature, the Off1ce of the Chief Financial Officer, the State Office of Planning and Budgeting
or the Federal Office of Management and Budgeting, all obligations on the part of the Division to make
any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report
within thirty (30) days of receipt of notice from the Division.
12
(18) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to be made
payable to the order of "Department of Community Affairs" and mailed directly to the Department at the
following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to
Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Division request, or in any submission or response to fulfill the
requirements of this Agreement, and such information, representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and
with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
13
(b) This Agreement shall be construed under the laws of the State of Florida. and
venue for any actions arising out of this Agreement shall lis in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is otherwise unenforceable. then such provision shalf be
deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not
invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of
which may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336. 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecomm unications.
(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 worl~, may not submit bids on leases of real
property to a publiC entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a pUblic entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, by signing this Agreement,
the Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
14
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment D) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Division prior to the Recipient entering into a contract with any
prospective subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
(j) J f otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement for refusal by
the Recipient to allow public access to all documents, papers, letters or other material subject to the
15
provisions of Chapter 119. Fla. Stat., and made or received by the Recipient in conjunction with this
Agreem ent.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the
Department.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All such meetings shall be publicly
noticed, open to the public, and the minutes of all such meetings shall be public records, available to the
public in accordance with Chapter 119, Fla. Stat
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
16
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
in structi ons.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(22) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient brings to the petiormance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
17
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Division for a determination whether patent protection will be sought
in the name of the State of Florida. Any and all patent rights accruing under or in connection with the
performance of this Agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any
and all copyrights accruing under or in connection with the performance under this Agreement are hereby
transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights
which accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment F.
18
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
RECIPIENT: MONROE COUNTY EMERGENCY MANAGEMENT
BY:
Name and title:
Date:
SAMAS #
FID#
ST ATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
19
EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program (fist Federal agency, Catalog of Federal Domestic Assistance title and number)-
CFDA #97.067
$20,309
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOllOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
Ust applicable compliance requirements as follows:
1. Recipient is to use funding to perform eligible activities as identified in the Office of Grants and
Training Fiscal Year 2006-07 State Homeland Security Grant Program (SHSGP), consistent with
the Department of Homeland Security State Strategy.
2. Recipient is subject to all administrative and financial requirements or will be in violation with the
terms of the agreement.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding
agency may elect to use language that requires the recipient to comply with the requirements of
applicable provisions of specific laws, rules, regulations, etc. For exa.mple, for Federal Program 1, the
language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that
pertains to how the awarded resources must be used or how eligibility determinations are to be made.
The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
NOTE: Section AOO(d} of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the recipient
20
Proposed Program Budget
Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the
"Proposed Program Budgef' as a guide for completing the "Budget Detail Worksheet" below.
'*-
'*-
'*
No more than 3% of the total award may be expended on Management and Adm Inistration costs by the Recip1ent.
At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed
Program Budgef') may be put towards Programmatic costs instead.
The transfer of funds between planning, training, exercises and management & administration is permitted, for this
contract only, whereas management & administration cosls do not exceed 3% of the Recipient's total award.
State Homeland Security Grant
Program - Issue 06
Monroe County
Emergency
Management
Training
Exercises
$19,718
59a Management and Administration
(the dollar amount which corresponds to 8% of the
total local agency allocation is shown In the column
on the right. (Only 3% of Une 59a can be allocated
for each line item)
$591
{;-. "t
. .,
AMI. yVN" ..
! .,,,.
i j~? fJ J
/1{Dlit oJ;!) rt,.#rUv\
~
;' ,'I .':i:~/) A<}/jJ
. ~ .v-<.tr v <. "'.
21
Attachment A
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts tor the total award tor
issue 06 as described in the "Proposed Program Budgef'.
If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract manager
listed In this contract via email or letter.
Public Education/Outreach
Develop and implement homeland security support programs and adopt
ongoing DHS national initiatives
Develop and enhance plans and protocols
Develop or conduct assessments
Establish, enhance, or evaluate Citizen Corps-related volunteer
programs
Hiring of full or part-time staff or contractors/consu ltants 10 assist with
planning activities (not for the purpose of hiring public safety personnel
fulfilling traditional public safety duties)
Conferences to facilitate planning activities
Materials required to conduct planning activities
Travel/per diem related to planning activities
Overtime and backfill costs - Payment of overtime expenses will be
for work performed by award (SAA) or sub-award employees in excess
of the established work weel~ (usually 40 hours) related to the planning
activities for the development and implementation of the programs under
HSGP.
Grantees may also use G&T grant funds to cover overtime and backfill
expenses for part-time and volunteer emergency response personnel
artici atln In G& T trainin .
Training Workshops and Conferences - Grant funds may be used to
plan and conduct training workshops or conferences to include costs
related 10 planning, meeting space and other meeting costs, facilitation
costs, materials and supplies, travel, and training plan development
Full or Part-Time Staff or Contractors/Consultants. Full or part-time
staff may be hired to support training-related activities. Payment of
salaries and fringe benefits must be in accordance with the policies of
the state or local unites) of government and have the approval of the
state orthe awarding agency, whichever is applicable. The services of
contractors/consultants may also be procured by the state in the design,
development, conduct, and evaluation of CBRNE training. The
applicant's formal written procurement policy or the Federal Acquisition
Regulations (FAR) must be followed,
22
Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are
allowable as expenses by employees who are on travel status for official
business related to the planning and conduct of the trainIng project(s) or
for attending OGT-sponsored courses. These costs must be in
accordance with state law as highllghted 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 http://www.ojp.usdOj.gov/FinGuide.
Supplies - Supplies are items that are expended or consumed during
the course of the plannIng and conduct of the training project(s) (e.g.,
copying paper, gloves, tape, and non-sterile masks).
Other Items - These costs include the rental of space/locations lor
planning and conducting training, badges, etc.
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 supplles, travel and exercise plan development.
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 appllcable. The services of
contractors/consultants may also be procured to support the design,
development, conduct and evaluation of CBRNE exercises. The
applicant's fonnal written procurement polley or the Federal Acquisition
Regulatlons (FAR) must be followed.
Overtime and backfill costs - Overtime and backfill cosls associated
with the design, development and conduct of CBRNE exercises are
allowable expenses.
Grantees may also use G& T granl funds to cover overtime and backfill
expenses for part-lime and volunteer emergency response personnel
participating in G&T exercises.
Travel - Travel costs (I.e., airfare, mileage. per diem, hotel, etc.) are
allowable as expenses by employees who are on travel status for official
business related to the planning and conduct of the exercise project(s).
These costs must be in accordance with state law as highlighted in the
OJp FinanCIal Guide. States must also follow state regulations regarding
travel. II 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 hllp:/Iwww.ojp.usdoj.gov/FinGuide.
Supplies - Supplies are items that are expended or consumed during
the course of the planning and conduct of the exercise projecl(s) (e.g.,
copying paper, gloves, tape, non-sterile masks, and disposable
protective eqUipment).
Other Items. These costs include the rental of space/localions for
exercise planning and conduct, exercise signs, badges, etc.
The scenarios used in SHSGP funded exercises must be terrorism-related and based on the State Homeland Security
Strategy and plans. Acceptable scenarios for exercIses include: chemical, biological, radiological, nuclear, explosive, cyber
and agricultural. A state or local jurisdIction that conducts an exercise using SHSGP funds must follow the HSEEP doctrine
and protocols located at htt/J://www.oi/J.usdoi.oov/odo/exercises.hrm#hseeo.
23
Hiring of fUll-time or part-time staff or contractors/consultants:
4- To assist with the management of Ihe FY2006 SHSGP
4. To assist with design, requirements and the implementation of the
FY2006 SHSGP
4- To assist with the Implementation and administration of the State
Homeland Security Strategy, as it may relate to the FY2006
SHSGP
HIring of full.tlme or part-time staff or contractors/consultants and
expenses related to:
4- HSGP pre.application submission management activities and
application requirements.
'* Meeting compliance with reporting/data collection requirements,
including data calls.
Development of operating plans for Information collection and
processing necessary to respond to DHS/OGT data calls.
Overtime and backflll 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 01 G& T - approved
activities. Backfill Costs also called "Overtime as Backfill" are defined as
expenses from the result of personnel who are worl(lng overtime in
order to perform the duties of other personnel who are temporarily
assigned to G& T - approved activities outside their core responsibilities.
Neilher overtime nor backfill expenses are the result of an increase of
Full - Time Equivalent (FTEs) employees. These costs are allowed only
to the extent the payment for such services is in accordance with the
policies of the state or unit(s) of local government and has the approval
of Ihe state or the awarding agency, whichever is applicable. In no case
i$ 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 lime (e.g., i :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
Com ensation.
Travel expenses
Meeting-related expenses (For a complete fist of allowable meeting-
related expenses, please review the OJP Financial Guide at
hUp:f/www.oJp.usdoj.gov/FinGuide).
Acquisition of authorized office equipment, including personal
computers, laptop computers, printers, LCD projectors, and other
equipment or software which may be required to support the
implementation of the homeland security strategy.
The following are allowable only within the contract period:
.,j.. Recurring fees/charges associated with certain equipment, such as
cell phones, faxes, etc.
4- Leasing and/or renting of space for newly hired personnel to
administer programs within FY06 SHSGP.
TOTAL
24
Scope of Work
Funding is provided to perform eligible activities as identified in the Office of Grants and Training Fiscal
Year 2006 State Homeland Security Grant Program (SHSGP), consistent with the Department of
Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category
below:
I. Categories and Eligible Activities
06. Planning, Training and Exercises for Local and Regional Efforts
FY2006 SHSGP, Issue 06, allowable costs are divided into the following categories; planning,
training and exercises. In addition, management and administration costs are also
allowable. Management and administration costs may not exceed 3% of the Recipient's total
award.
A. Planning
Developing and implementing homeland security support programs and adopting
DHS national initiatives including but not limited to the following:
Costs associated with implementing the National Preparedness Goal and Guidance
~. Costs associated with implementing and adopting NIMS
· Costs associated with modifying existing incident management and EOPs to ensure
proper alignment with the NRP coordinating structures, processes, and
· Establishing or enhancing mutual aid agreements
->... Developing communications and interoperability protocols and solutions
· Conducting local, regional, and tribal program implementation meetings
· Developing or updating resource inventory assets in accordance to typed resource
definitions issued by the N1C
· Designing state and local geospatial data systems
· Developing related critical infrastructure terrorism prevention activities including:
o Planning to enhance security during heightened alerts, during terrorist incidents,
and/or during mitigation and recovery
o Public information/education: printed and electronic materials, public service
announcements, seminars/town hall meetings, web postings coordinated through
local Citizen Corps Councils
o Citizen Corps activities in communities surrounding critical infrastructure sites,
including Neighborhood Watch, VIPS, and other opportunities for citizen
partici pation
o Evaluating C1P security equipment and/or personnel requirements to protect and
secure sites
o CIP cost assessments, including resources (financial, personnel, etc.) required
for sec;urity enhancements/deployments.
Developing related terrorism prevention activities including, including but not limited
to the following:
.
Planning to enhance security during heightened alerts, during terrorist incidents,
and/or during mitigation and recovery.
Multi-discipline preparation across first responder community, including EMS for
response to catastrophic events and acts of terrorism.
Public information/education: printed and electronic materials, public service
announcements, seminars/town hall meetings, web postings coordinated through
.
.
.r ',:0-
-'Ul
.
.
25
.. local Citizen Corps Councils.
.. Citizen Corps volunteer programs and other activities to strengthen citizen
. participation.
" Conducting public education campaigns, including promoting individual, family
.. and business emergency preparedness; promoting the Ready campaign; and/or
.. creating State, regional or local em.ergency preparedness efforts that build upon
.. the Ready campaign.
.. Evaluating CIP security equipment and/or personnel requirements to protect and
. secure sites.
.. CIP cost assessments, including resources (e.g., financial, personnel) required for
.. security enhancements/deployments.
Developing and enhancing plans and protocols, including but not limited to:
.. Developing or enhancing 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 enhancing border security plans.
'}.. Developing or enhancing cyber security plans.
(r.. Developing or enhancing cyber risk mitigation plans.
.. Developing or enhancing agriculture/food security risk mitigation, response, and
recovery plans.
.. Developing public/private sector partnership emergency response, assessment, and
resource sharing plans.
.. Developing or updating local or regional communications plans.
.. Developing plans to support and assist special needs jurisdictions, such as port
.. authorities and rail and mass transit agencies.
.. Developing or enhancing continuity of operations and continuity of government
Plans.
.. Developing or enhancing existing catastrophic incident response and recovery plans
to include and integrate Federal assets provided under the NRP.
.. Developing or enhancing evacuation plans.
· Developing or enhancing citizen surge capacity.
Developing or conducting assessments, including but not limited to:
.. Conducting point vulnerability assessments at critical infrastructure sites/key assets
and develop remediation/security plans.
.. Conducting cyber risk and vulnerability assessments.
· Conducting assessments and exercising existing catastrophic incident response and
recovery plans and capabilities to identify critical gaps that cannot be met by existing
local and State resources.
.. Activities that directly support the identification of specific catastrophic incident
priority response and recovery projected needs across disciplines (e.g. law
enforcement, fire, EMS, public health, behavioral health, public works, agriculture,
information technology, and citizen preparedness).
· Activities that directly support the identification of pre-designated temporary housing
sites.
26
,
~Tl
i/.'
/
B. Training
FY 2006 SHSP funds may be used to enhance the capabilities of State and local
emergency preparedness and response personnel through development of a State
homeland security training program. Allowable training-related costs include: 1.
Establishment of support for, conduct of, and attendance at preparedness training
programs within existing training academies/institutions, universities, or junior colleges.
Preparedness training programs are defined as those programs related to prevention,
protection, response, and or recovery from natural, technical, or manmade catastrophic
incidents, supporting one or more Target Capabilities in alignment with national priorities
as stated in the Goal. Examples of such programs include but are not limited to CBRNE
terrorism. critical infrastructure protection, cyber security, and citizen preparedness. 2.
Overtime and backfill costs associated with attendance at G&T-sponsored and approved
training courses. SHSP may also be used for training citizens in awareness, prevention,
protection, response, recovery skills
c. Exercises
SHSP funds may be used to design, develop, conduct, and evaluate exercises that:
" Provide homeland security preparedness personnel and volunteers a venue to
practice prevention, protection, response, and recovery activities.
" Evaluate prevention and response plans, polley, procedures, and protocols, including
NIMS and NRP.
C! Assess the readiness of jurisdictions to prevent and respond to terrorist attacks.
" Encourage coordination with surrounding jurisdictions in prevention, protection,
response, and recovery activities.
"
Exercises conducted with OGT support (grant funds or direct support) must be managed
and executed in accordance with the Homeland Security Exercise and Evaluation
Program (HSEEP). HSEEP Volumes 1-1II contain guidance and recommendations for
designing, developing, conducting, and evaluating exercises. HSEEP Volumes Hll can
be found at OGT's website at http://~oj~usdoj.govj~~~~~s.bJl!1. Volume IV,
which contains sample exercise materials and documents, can be found on OGT's
Secure Portal at https://o~sportals.com or http://www.llis.gov.
- ~ _....
!)
!
Exercise Scenarios. The scenarios used in SHSGP-funded exercises must be terrorism-
related and based on the State or Urban Area Homeland Security Strategy and plans.
Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear,
explosive, cyber and agricultural. Grantees that need further clarification on scenarios
should consult with their State Exercise Manager for assistance and/or approval. Fifteen
all-hazards National Planning Scenarios, including 12 terrorism scenarios, have been
developed, and will be made available for use in national, federal, state, and local
homeland security preparedness activities (See HSPD-8: National Preparedness on page
49). Citizen participation in exercises is encouraged to include backfilling non-
professional tasks for first responders deployed on exercise, administrative and logistical
assistance with exercise implementation, and providing simulated victims, press, and
members of the public. Citizen participation in exercises should be coordinated with local
Citizen Corps Council(s). If a 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 that event.
All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises
(FSEs) will be evaluated and performance based. An After Action Report (AAR) and
Improvement Plan will be prepared and submitted to the State fOllowing every TTX, drill,
r-1 i! /J ~J !
27
FE, and FSE. AAR/lPs must be provided to the State within 30 days following completion
of each exercise (see HSEEP Volume II, Appendix A).
D. Management and Administration - no more than 3% of each sub-recipient's total award
may be expended on Management and Administration costs by the sub-recipients
Hiring of fulHime or parHime staff or contractors/consultants:
To assist with the management of the FY2006 SHSGP
To assist with design, requirements and the implementation of the FY2006 SHSGP
To assist with the implementation and administration of the State Homeland Security
Strategy, as it may relate to the FY2006 SHSGP
Hiring of full-time or part-time staff or contractors/consultants and expenses
related to:
. Meeting compliance reporting/data collection requirements, including data calls
Development of operating plans for information collection and processing
necessary to respond to DHS/OGT data calls
Overtime and backfill costs - Overtime expenses are defined as the result of personnel
who worked over and above their normal scheduled daily or weekly worked time in the
performance of G& T - approved activities. Backfill Costs also called "Overtime as
Backfill" are defined as expenses from the result of personnel who are working overtime
in order to perform the duties of other personnel who are temporarily assigned to G&T -
approved activities outside their core responsibilities. Neither overtime nor backfill
expenses are the result of an increase of Full - Time Equivalent (FTEs) employees.
These costs are allowed only to the extent the payment for such services is in
accordance with the policies of the state or unit(s) of local government and has the
approval of the state or the awarding agency, whichever is applicable. In no case is dual
compensation allowable. That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a single
period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may benefit both
activities. Fringe benefits on overtime hours are limited to Federal Insurance
Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.
Travel expenses
Meetingwrelated expenses (For a complete list of allowable meeting-related expenses,
please review the OJP Financial Guide at http://www.ojp.usdoj.oov/FinGuide).
Acquisition of authorized office equipment, including:
· Personal computers
. Laptop com puters
Printers
LCD projectors, and
· Other equipment or software which may be required to support the implementation of
the homeland security strategy
The following are allowable only within the period of performance of the contract:
· Recurring fees/charges associated with certain equipment, such as cell phones,
faxes, etc.
· Leasing and/or renting of space for newly hired personnel to administer programs
within the FY2006 SHSGP
28
(9.
F.
.
Unauthorized Expenditures
Expenditures for items such as general-use software (word processing, spreadsheet,
graphics, etc.)
General-use computers and related equipment
General-use vehicles
Licensing fees
Weapons systems and ammunition
Construction or renovation of facilities that would have been reasonably necessary
due to non-terrorist threats
Activities unrelated to the completion and implementation of the SHSGP
Other items not in accordance with the Authorized Equipment List or previously listed
as allowable costs
Recurring Costs
Funding may not be used to supplant ongoing, routine public safety activities of state
and local emergency responders, and may not be used to hire staff for operational
activities or backfill.
.
.
.
.
.
Overtime and Backfill Guidance
Overtime: Expenses incurred by those personnel who, as a result of G& T-approved
activities, are performing over and above their normal, scheduled work hours or work
week.
Backfill (also called Overtime as Backfill): Expenses incurred by those personnel who
are working over and above their normal, scheduled work hours, or work week, in order
to perform the duties of other personnel who are temporarily assigned to G&T-approved
activities outside their core responsibilities. The OJP OC does not distinguish between
Overtime and Overtime as Backfill- they are both viewed as overtime regardless of
whether the individual has performed more hours in their normally assigned place of duty
or if the overtime accrued as a result of being re-assigned to a different place of duty.
Overtime and backfill do not result in an increase of full-time employees (FTEs).
II. National Preparedness Initiatives
Urban Areas are strongly encouraged to pay close attention to the language in these sections in
order to stay abreast of initiatives being highlighted by DHS and to comply with associated
program requirements.
A. National Incident Management System (NIMS)
NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and
local governments to work effectively and efficiently together to prepare for, prevent,
respond to, and recover from domestic incidents, regardless of cause, size or complexity.
Since FY2006 is a critical year for initial NIMS adoption, the Recipient should start now
by prioritizing FY2006 preparedness assistance (in accordance with the eligibility and
allowable uses of the grant) to facilitate its implementation.
1. Minimum FY2006 NIMS Compliance Requirements
· Incorporating NIMS into existing training programs and exercises;
. Ensuring that federal preparedness funding supports NIMS implementation
(in accordance with the eligibility and allowable uses of the grants);
· Incorporating NIMS into emergency operations planning;
. Promotion of mutual aid agreements; and,
Institutionalizing the use of the Incident Command System (IGS).
29
2. Local units of government should support NIMS implementation by:
· Having relevant personnel complete the NIMS Awareness Course:
These independent study courses are available on-line and will take between
forty-five minutes to three hours to complete. The course is available on the
Emergency Management Institute web page at: http://traininq-fema.qov
Formally recognizing NIMS and adopting NIMS principles and policies.
The NIC will provide sample language and templates to assist in formally
adopting N1MS through legislative and/or executive/administrative means.
Establish a NIMS baseline by determining which NIMS requirements are
already satisfied. The NIC is developing a web-based self-assessment
system, the NIMS Capability Assessment Support Tool (NIMCAST) to
evaluate their incident response and management capabilities. The NIC is
currently piloting the NIMCAST with a limited number of states. Upon
completion of the pilot, the NIC will provide all potential future users with
voluntary access to the system.
3. FY 2006 and FY 2007 Requirements
In order for the State to receive FY2006 preparedness funding, the compliance
requirements described above must be met. Additional information about NIMS
compliance and resources for achieving compliance will be forthcoming from the
NIC. The NIC web page, htto://www.fema.qov/nims, will be updated regularly
with NIMS information and implementation guidance.
Note: All FY 2006 Homeland Security Grant Program Grant Guidance can be found at
http://www . 0 i p. usdo! .qov/odp/d ocs/fY20 06h sqP. pdt
B. Monitorinq:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced the state and local capability and capacity to prevent, prepare and respond
to terrorist threats since 1999 through various funding sources including federal grant funds. As
the steward of the State Homeland Security Grant Program funds, projects and equipment the
Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the
status of the grant activity and items purchased or developed.
The monitoring process detailed in this document is designed to assess a recipient agency's
compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring
the programmatic and papability portion of the grant to include equipment procurement and
compliance with applicable DHS grant guidance.
Monitoring is accomplished utilizing various methods including desk monitoring and site visits.
There are two primary areas reviewed during monitoring activities - financial and
programmatic/capability. Financial monitoring is the review of records associated with the
purchase and disposition of property, projects and contracts. Capability review is the observation
of equipment purchased, protocols and other associated records.
30
Various levels of financial and programmatic review may be accomplished during this process.
Desk monitoring is defined as the review of projects, financial activity and technical assistance
between the program office and the applicant via e-mail and telephone. Site visits are defined as
actual visits to the recipient agency's location by a team or members of FDEM or their designee,
to actually observe records, procedures and equipment.
For Planning the Division reserves the option to request access to any document, as described
below, at anytime during the contract period:
. If the Recipient chooses to enhance/develop a plan, parts of a plan,
SOP/SOG, or other documentation then, the Division will require the
review of a draft copy of this document for NIMS compliance. The
Division will only be making recommendations.
[f the Recipient chooses to enhance/develop a mutual aid agreement,
the Division will require a copy of said agreement.
If the Recipient chooses to enhance/develop a GIS database product,
the Division will require access to the layer or database.
If the Recipient chooses to enhance/develop public information related
materials, the Division will require a copy of said materials.
. If the Recipient chooses to participate in a Domestic Security related
meeting or conference, the Division will require a copy of the agenda
priorto the meeting and a roster after the meeting.
If the Recipient chooses to conduct an assessment, we will require a
copy of the completed assessment. Since these are secure documents,
they should be submitted on CD.
For Training the Division reserves the option to request access to any document, as described
below, at anytime during the contract period:
. If the Recipient chooses to conduct training, the Division will require the
title of course, instructor's name and a list of attendees prlorto course
delivery. Afterthe course has been delivered, the Division will require a
roster of actual participants.
For Exercise the Division reserves the option to request access to any document, as described
below, at anytime during the contract period:
· If the Recipient chooses to conduct an exercise, an After Action Report
should be submitted to the Division no later than thirty (30) days after the
conclusion of the exercise.
· Participating in exercises will count towards the site visits.
Site Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted.
During this time, the purpose of the site visit and the items FDEM intends to examine will be
identified. If financial monitoring visit will be conducted, they will then explain their objectives and
will proceed to perform the financial review.
FDEM personnel will review all files and supporting documentation. Once the supporting
documentation has been reviewed, FDEM personnel may request copy of plans and/or
procedures or participate in training or exercises.
31
Other programmatic issues can be discussed at this time, such as missing quarterly reports,
payment voucher/reimbursement, equipment, questions, etc.
Post Site Visit
FDEM personnel will review the site visit worksheet as a team and receive notes from the
Financial Review Team, if applicable.
Within 15 days of the site visit, a monitoring report will be generated and sent to the grantee
explaining any citations and corrective actions or recommendations. The Site Visit Worksheet and
reports will then be included in the grantee's file along with any documents distributed at the site
visit by the grantee.
III. Reporting Requirements
A. Quarterlv Proqrammatic Reportim~:
The Quarterly Programmatic Report is due within 30 days after the end of the reporting
periods (March 31, June 30, September 30 and December 31) for the life of this contract.
If a report(s) is delinquent, future financial reimbursements will be withheld until the
Recipient's reporting is current.
Pro
Re ort due to OEM no later than
A rll30
Jul 31
October 31
October 1 throu h December 31
Januar 31
PrOQrammatic Reportinq: Information to Report On
After the end of each reporting period, for the life of the contract, the Division will provide
a Biannual Strategy and Implementation Report worksheet to the Recipient Point of
Contact listed in this contract. This worksheet will contain all of the information that the
Recipient needs to report on. The Recipient is to complete this worksheet in its entirety
and email the finished product to the programmatic contact listed below. The first
worksheet will be available after the July 1 - September 30, 2006 reporting period.
8. Reimbursement Requests:
A request for reimbursement may be sent to your contract manager for review and
approval at anytime during the contract period. The Recipient should include the
category's corresponding line item number in the "Detail of Claims" form. This number
can be found in the "Proposed Program Budgef'. A line item number is to be included for
every dollar amount listed in the "Detail of Claims" form.
C. Close-out Proqrammatic Reportinq:
The Close-out Report is due to the Florida Division of Emergency Management no later
than 60 days after the contract is either completed or the contract has expired.
32
IV. ProQrammatic Point of Contact
Contractual Point of Contact Programmatic Point of Contact
Carolyn Washington Farrah Gosford
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
(850) 410-1271 (850) 413-9974
carolvn. wash in aton @dca.state.fl.us farrah.Dosfard@dca.state.fl.us
. .
V. Contractual Responsibilities
The FDEM shall determine eligibility of projects and approve changes in scope of work.
The FDEM shall administer the financial processes.
33
Attachment B
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) OMS Circulars A-21 , A-87, A-11 0, 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 tha 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 use 470),
Executive Order 11593
19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 at 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
34
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment
is requested, budget data on which the request IS based must be submitted. Any advance payment
under this Agreement is subject to s. 216.181 (16)(a)(b). Florida Statutes. The amount which may be
advanced shall not exceed the expected cash needs of the recipient within the initial three months.
[ ] ADVANCE REQUESTED
[ ] NO ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
ADVANCE REQUEST WORKSHEET
[f you are requesting an advance, complete the foUowing worksheet
(A) (B) (C) (D)
FFY FFY FFY Total
DESCRIPTION 2003-2004 2004-2005 2005-2006
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
First three months expendItures need only be prOVided for the years In which you requested an advance. If
you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
x $ =
Cell 03 DCAlDEM Award MAXIMUM
(Do not include any match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
] Recipient has no previous DCAlDEM contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
] Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
35
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional
pages if needed.
ESTIMATED EXPENSES
BUDGET CATEGORY 2006"2007 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
36
Attachment D
Warranties and Representations
Financial Manaqement
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities. These
records shall contain information pertaining to grant awards, authorizations, obligations,
unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures for determining the reasonableness, allocability and allowabHity 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.
Com petition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive
practices among contractors that may restrict or elim inate competition or otherwise restrain trade. In order
to ensure Objective contractor performance and eliminate unfair competitive advantage. contractors that
develop or draft specifications, requirements, statements of work, and invitations for bids and/or requests
for proposals shall be excluded from competing for such procurements. Awards shall be made to the
bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the
Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements
that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and
all bids or offers may be rejected when it is in the Recipient's interest to do so.
37
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensinq and Perm ittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
38
Attachment E
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
Division Contract Number
Street Address
City, State, Zip
Date
39
Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMS Circulars No. A-21 , A-11 0, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P ,L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants, (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 use 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 (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
40
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, 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 use 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 01
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 1unds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act 01 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
41