1st Modification 01/16/2008DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: January 31, 2008
TO: Dave Koppel, County Engineer
Engineering Division
ATTN. Judy Clarke
FROM. Pamela G. Hand
Deputy Clerk
At the January 16, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Modification # 1 between Monroe County and the Division
of Emergency Management (DEM) State Funded Subgrant Agreement No.
08-EC-30-I1-54-01-039 that adds $69,966 Federal funding for an EOC hardening feasibility
study required by the State Hazard Mitigation Grant Program (HMGP).
Enclosed are four duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure to return the fully executed "Monroe County Clerk's Office Original"
and the "Monroe County Finance Department's Original" as soon as possible. Should you have
any questions please do not hesitate to contact this office.
cc: County Attorney
Finance w/o document
File /
Contract Number: 08-EC-30-11-54-01-039
MODIFICATION #1 TO STATE -FUNDED SUBGRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division
of Emergency Management, ("the Division"), and Monroe County ("the Recipient@)
to modify the Division's Contract Number 08-EC-30-11-54-01-039, dated August 27, 2007 ("the
Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a subgrant of $1,029,547.00 in state funds to Recipient; and
WHEREAS, the Division now intends to provide additional funds to the Recipient of
$69,966.00 in federal funds; and
WHEREAS, the state funds of $1,029,547.00 must be expended on or before June 30,
2009, and the federal funds of $69,966.00 must be expended on or before May 8, 2009; and
WHEREAS, the Division and the Recipient desire to modify the Agreement by amending
the Scope of Work, the Budget and by adding the appropriate federal attachments.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. Paragraph 17 of the Agreement is hereby amended to increase the total funding under
the Agreement to $1,099,513.00.
2. The Budget and Scope of Work, Attachment A, to this Agreement, is hereby deleted in its
entirety, and the Revised Budget and Scope of Work, Revised Attachment A -State and
Revised Attachment A -Federal, to this Modification, which are attached hereto and
incorporated herein by reference, are substituted in its place and stead. The revised
Budget and Scope of Work, Attachment A -Federal, contains the additional provisions that
apply to the added federal funding.
3. Attachment A -Federal, the Recipient understands that Phase I is approved with the
condition that no construction can begin until the results of the deliverables are reviewed,
and Phase II activities are approved. Failure to comply with this condition could result in
the loss of all funding for this project.
4. Attachment E, Federal Audit Requirements, is attached hereto and incorporated herein
by reference. Attachment E is required for compliance with federal standards.
5. Attachment F, Federal Recordkeeping, is attached hereto and incorporated herein by
reference. Attachment F is required for compliance with federal standards.
6. Attachment G, Federal Standard Conditions, is attached hereto and incorporated herein
by reference. Attachment G is required for compliance with federal standards.
7. Attachment H, Federal Lobbying Prohibition, is attached hereto and incorporated herein
by reference. Attachment H is required for compliance with federal standards.
8. Attachment I, Federal Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion, is attached hereto and incorporated herein by reference.
Attachment I is required for compliance with federal standards.
9. Attachment J, Federal Statement of Assurances, is attached hereto and incorporated
herein by reference. Attachment J is required for compliance with federal standards.
10. All provisions not in conflict with this Modification remain in full force and effect, and are
to be performed at the level specified in the Agreement.
11. All provisions of the Agreement being modified and any attachments thereto in conflict
with this Modification shall be and are hereby changed to conform with this Modification,
effective as of the date of the last execution of this Modification by both parties.
IN WITNESAOTY
rties hereto have executed this document as of the
dates set out herei
RECIPIENT: MO
BY:
NAME & TITLE: Ma arle/"Sonny" McCoy
DATE:_ January
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
Craig Fugate,
DA
-O
n N
r-
Ln
MONRE COUNTY ATTORNEY
,j j;PP_ O)/gPAS TO FORM:
ASSISTANT COUNTY ATTORNEY
Date IV1/ I& -A
2
Revised Attachment A State
Budget and Scope of Work
SCOPE OF WORK
A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of
grant funds shall be consistent with Section 1(1), Ch. 2006-71, Laws of Florida. Grant funds shall
not be used for land acquisition; purchase of equipment, furnishings, communications, or
operational systems; or recurring expenditures.
Eligible reimbursement costs include: Architectural and Engineering services and fees; site
survey and soil testing; necessary permits and fees; civil and service utilities site work;
construction; special inspections; mechanical, plumbing, electrical, conveying
construction of the building's substructure, superstructure, shell (exterior enclosure) and interior systems; lightning protection; and redundant and security
infrastructure systems (e.g., electric generator,
uninterruptible power supply, potable water and wastewater systems, etc.).
B. 1"he Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation
Grant Program (HMGP) application, benefit -cost analysis, environmental review and such other
documentation as necessary to determine eligibility and allowable costs under said grant
program.
C. The Recipient shall state in writing that for a period of not less than 15 years from the
date of receipt of Certificate of Occupancy the EOC will be dedicated for emergency management
purposes. The EOC shall remain demonstrably capable of being fully activated within one (1)
hour of detection of an emergency; reference Rule Chapter 9G-6, Florida Administrative Code,
"Emergency Management Capabilities Assessment Checklist."
D. The EOC shall be constructed with sufficient space to house people and equipment for
day-to-day and sustained continuous emergency operations, and capable of full staffing for the
most extensive emergency anticipated. At a minimum, the designated EOC functional area(s),
and essential shared -use area(s) if applicable, shall be designed for an emergency operations
staff size of 62 persons per shift and a workspace floor area of 5.270 gross square feet.
E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in
Standards for Hurricane Evacuation Shelter Selection (ARC 4496).
F. The EOC and essential ancillary structures and service equipment shall be designed to
resist the effects of a major hurricane. The wind load design requirements shall be in accordance
with the American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for
Buildings and Other Structures. The minimum wind design criteria shall include:
Design Wind Speed = 225 miles per hour (3 second gust)
Wind Importance Factor, /= 1.00
Exposure Category = C
Directionality Factor, Kd = 1.00
Internal Pressure Coefficient, GCp, _ +/_ 0.18
All components and cladding assemblies necessary to maintain a structurally enclosed condition
and prevent rainwater intrusion shall be designed to meet the wind design criteria. Structural
metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing
barriers shall meet the wind design criteria. Loose roof ballast shall not be used on the roof
cover. Rooftop equipment shall be designed and installed to meet the wind design criteria.
G. The EOC and essential ancillary structures and service equipment shall resist penetration
by windborne debris impact. At a minimum, all exterior enclosure components, claddings and
assemblies (i.e., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above
finish grade shall meet the hurricane windborne debris impact criteria specified in the Department
of Enertly's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria, DOE-
STD-1020-2002. That is, the building enclosure must resist penetration by a nominal 2"x4"
lumber plank weighing 15 pounds propelled at 50 miles per hour (74 feet per second) striking
end -on and normal to the assembly surface, or equivalent performance as approved by the
Division. As applicable, impact test procedures shall be consistent with recognized state and
national standards; such as, Test Standard for Determining Impact Resistance from Windborne
Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886
and ASTM E 1996, and Florida Building Code Testing Protocols TAS 201, TAS 202 and TAS
203. The impact test procedures may be modified as necessary to accommodate the required
missile weight and velocity.
H. The following information related to wind loads and flooding shall be shown on the
construction drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind
speed; 3. wind importance factor, 1, 4. design wind exposure category; 5. wind directionality
factor, K�,; 6. design internal pressure coefficient, GCp,; 7. design wind pressures in terms of
pounds per square foot (psf) to be used for the design of exterior component and cladding
materials not specifically designed by the principal licensed design professional; 8. windborne
debris impact performance criteria; 9. finish floor elevation measured relative to the National
Geodetic Vertical Datum (NGVD); and comparison reference of the finished floor elevation to the
base flood elevation, or historical flood elevation if base flood elevation is not determined.
I. The lowest floor for the EOC and essential ancillary structures and service equipment shall
at a minimum be elevated above: Category 5 hurricane storm surge elevation plus 20 percent;
the base flood elevation plus three (3) feet; the 500-year (0.2 percent annual chance) flood
elevation (if determined) plus two (2) feet; the highest recorded flood elevation plus three (3) feet
if the area is not in a mapped special flood hazard area; whichever is greater. The site (point
maximum, one square mile) hydrologic design shall ensure that the EOC and essential ancillary
structures and service equipment are not flooded due to a 24 hour, 37.0 inch rainfall event
applied over a precedent 24 hour, 100-year rainfall event.
J. Where secondary (emergency) roof drains or scuppers are required by the Florida
Building Code —Plumbing, the secondary system shall be sized for a rainfall rate of eleven (11.0)
inches per hour.
K. The EOC shall be designated as a threshold building, and special structural inspections
required. Special inspections shall be conducted in compliance with section 553.79, Florida
Statutes and other applicable statutes, laws and rules.
L. The EOC shall at a minimum be designed for 72 hours of self-contained continuous
operation and shall not be solely reliant upon off -site services and utilities (e.g., water, natural
gas fuel, electricity, etc.)
M. Force protection and security measures shall be consistent with the guidance published in
Florida's Homeland Security Comprehensive Assessment Model (fNLSCAM), United States Air
Force Installation Force Protection Guide, or other federal or state recognized best -practices
guide(s) as approved by the Division.
N. The Recipient shall provide an initial timeline and estimated reimbursement allocation
schedule. Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation Schedule" or
other similar instrument as approved by the Division may be used.
0. During design and construction phases of the EOC project, the Recipient shall track and
provide construction cost data for the designated EOC area as detailed in Table SW-2, "Cost
Data for County Emergency Operations Center."
II. PRODUCT ITEMS
A. Per item IN, Recipient shall prepare an initial timeline with key milestone activities/tasks
schedule, including estimated start and end dates for each activity, and an estimate of state
reimbursement request for each activity. Table SW-1 may be used to meet this product item.
B. Per item I.C, Recipient shall submit a binding written statement that the EOC will be
dedicated for a period of not less thanl5 years for emergency management purposes, and
demonstrably capable of being fully activated within one (1) hour of detection of an emergency.
C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial
needs assessment, and schematic design plan or preliminary design drawings for review and
comment by the Division. The spatial needs assessment and schematic design plan/preliminary
design may be consolidated into one document.
D. The Recipient shall provide one (1) set of substantially complete (approximately 70
percent) preliminary design construction drawings and specifications for the EOC and essential
ancillary structures for review and comment by the Division. The construction drawings shall
include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing,
and electrical drawings.
E. The Recipient shall provide one (1) set of bid -ready construction drawings and
specifications for the EOC and essential ancillary structures for review by the Division. The
construction drawings shall include site survey information, landscaping, civil, architectural,
structural, mechanical, plumbing, and electrical drawings and shall be certified by the applicable
registered or licensed design professional(s) of record.
F. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard
safety criteria of ARC 4496, and the wind load, windborne debris Impact, flood and security
design requirements set forth in items LE through I.M. Failure to supply the required
documentation, or disapproval of this documentation by the Division, shall result in denial of
funds.
G. Per item 1.8, Recipient shall submit a complete HMGP application, benefit -cost analysis,
environmental review and such other documentation as necessary to determine eligibility and
cost allowances under said grant program. The Recipient shall also provide two cost estimates
prepared by one or more certified construction contractors that document the cost of constructing
the facility to meet current building code wind and flood design requirements premium of constructing the facility to the above -code wind and flood requirements set forth in, and the cost
items LE through I.J.
H. Per item 1.0, the Recipient shall provide final project cost data. Table SW-2 shall be
used to meet this product item.
I. The Recipient shall provide the Division with copy(s) of pertinent construction permits, the
threshold inspection final report, and the certificate of occupancy upon completion of the
construction project.
111. SCHEDULE OF WORK
A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for
review and approval. Failure to supply the required documentation, or disapproval of this
documentation by the Division, shall result in denial of funds.
B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report
on progress in relation to the initial timeline, and submit Product Items C through H in a timely
manner as accomplished. The Division shall be provided 30 calendar days to review and provide
comments of product items pertaining to compliance with the scope -of -work. The Recipient shall
also submit invoices for reimbursement for work accomplished in accordance with the Division
approved cost reimbursement allocation schedule referenced in Product Item A.
C. By a mutually agreed upon date, the Recipient shall provide the Division with Product
Item F for review and approval. Failure to supply the required documentation, or disapproval of
this documentation by the Division, shall result in denial or reduction of funds at the sole
discretion of the Division.
D. By May 15, 2009, the Recipient shall provide final project cost estimate data as set forth
in Table SW-2, certificate of occupancy, close-out documentation and final payment invoice.
M
Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule
Table SW-2. Cost Data for County Emergency Operations Center
Terminal & Package
Units
Other HVAC SD40
Fire Protection
R
S rinkler S s.
Stand i e S s
Other SD50
Electrical
Elec. Service &
Distribution
5020
Lighting & Branch
W irin
5030
Communications &
Securit
5090
Other Elec. S s.
5091 Generator S s.
5092 UPS Sys.
F Fni IIPRAPM I ➢. n io�ucuul.o
Revised Attachment A - Federal
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Monroe County, will conduct a
Phase I engineering feasibility study to identify modifications needed to wind retrofit the new
Monroe County Emergency Operations Center, located at 9400 Overseas Highway, Marathon,
Florida 33050, above the Florida Building Code or Miami -Dade Specifications. Phase I will
provide funding for completion of design, surveying and permitting for this proposal. In order for
Phase II to be considered for funding, Phase I deliverables must include a complete proposed
budget and scope of work, along with engineering data from the study and engineering plans.
Phase I of this project is approved with the condition that the above list of deliverables will be
submitted for review and approval by the State and FEMA before Phase II is considered. No
construction work may begin until Phase 11 deliverables are reviewed and approved by FEMA.
Failure to comply with this condition can result in the loss of all funding for this project.
The Period of Performance for this project ends on May 8, 2009.
Schedule of Work
State Contracting:
3 Months
Request for A/E Proposal & Review:
3 Months
Bidding of Design:
3 Months
Engineering/Architectural Design:
6 Months
Total Period of Performance:
15 Months
Line Item Budaet*
Survey, Engineering Design,
Project Cost
Federal Share
Local Share
Environmental Permitting:
Sub -total:
1 89 700.00
67 275.00
22 425.00
Administrative Cost:
Total:
$ 89,700.00
0.0
$ 67,275.00
2691.00
$ 22,425.00
0.00
$ 89,700.00
$ 69,966.00
$ 22,425.00
* Any line item amount in this Budget may be increased or decreased 10% or less without an
amendment to this Agreement being required, so long as the overall amount of the funds
obligated under this Agreement is not increased.
Federal Share:
Local Share:
Total Project Cost:
$67,275.00 (75%)
22 425.00 (25%)
$89,700.00 (100%)
Recipient Administrative Allowance up to $2,691.00
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease
the vulnerability of the building to property losses and are specifically not intended to provide for
the safety of inhabitants before, during or after a natural man made disaster,
The funding provided by the Division of Emergency Management under this Subgrant shall
compensate for the materials and labor for the installation of storm shutters and/or other
10
hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the
damage that might otherwise occur from severe weather or other hazards. The funding of this
project by the Department does not confer or imply any warranty of use or suitability for the work
performed pursuant to this agreement. The State of Florida disclaims all warranties with regard
to this mitigation project, express or implied, including but not limited to, any implied warranties
and/or conditions of satisfactory quality and merchantable quality. fitness for a particular purpose, merchantability, or
This project has not been evaluated by the criteria contained in the standards of the Department
of Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual
FEMA 361-Design and Construction for Community Shelter, and thus does not provide "near
absolute protection." It is understood and agreed by the Department and the Recipient that the
building may have vulnerabilities due to age, design and location which may result in damage to
the building from wind events even after the installation of the mitigation measures funded under
this Subgrant Agreement. It is further understood and agreed by the Department and the
Recipient that the level of wind protection provided by the mitigation action, although meeting
State standards and codes and enhancing the structural integrity of the building, does not ensure
the safety of survival of building occupants.
11
Attachment E
Federal Audit Requirements
If the cipient
s a State or local government or a non-profit organization as defined in
OMB Circular Ael 133, asrevised, and in the event that the Recipient expends $500,0 0 or more in
Federal awards in its fiscal year, the Recipient must have a single or program -specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to
this Agreement 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
Recipient conducted by the Auditor General in accordance with'the provisions of OMB
in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the
Circular 133, as revised, will meet the requirements of this paragraph. A -
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the
Recipient: shall fulfill 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 OMB Circular A-133,
as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such
audit must be paid from Recipient resources obtained from other than Federal entities).
Copies of reporting packages for audits conducted in accordance with OMB Circular A-
133, as revised, and required by subparagraph (d) above shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly 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 aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Policy and Financial Management
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), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101" Street
Jeffersonville, IN 47132
Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
12
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 aurilla.parrish@dca.state.fl.usj
and
Division of Emergency Management
Bureau of Policy and Financial Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
13
Attachment F
Federal Recordkeeping
As applicable, Recipient's performance under this Agreement shall be subject to the federal
Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of
Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-
87, "Cost: Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles
for Educational 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.
14
Attachment G
Federal Standard Conditions
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
principal's:
1. are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a federal department or
agency;
2. have not, within a five-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under public transaction; violation of federal or state antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by
a governmental entity (federal, state or local) with commission of any offenses enumerated in
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 K) 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.
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.
Unless inconsistent with the public interest or unreasonable in cost, all unmanufactured
and manufactured articles, materials and supplies which are acquired for public use under this
Agreement must have been produced in the United States as required under 41 U.S.C. 10a.
15
Attachment H
Federal Lobbying Prohibition
'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 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, loam 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 instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients 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.
Attachment I
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:
Signature
Name and Title
Street Address
City, State,
Recipient's Name
Orvision Contract Number
Attachment J
Federal Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations,
policies„ guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-
87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative
Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of
Federal funds for this federally -assisted project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and
Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable
treatment of persons displaced as a result of Federal and federally -assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees
of a State or local unit of government whose principal employment is in connection with an activity
financed in whole or in part by Federal grants. (5 USC 1501, 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 USC 470), Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting
with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to
identify properties listed in or eligible for inclusion in the National Register of Historic Places that
are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal
grantor agency of the existence of any such properties and by (b) complying with all requirements
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established by the Federal grantor agency to avoid or mitigate adverse effects upon such
properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the
applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as
appropriate; the provisions of the current edition of the Office of Justice Programs Financial and
Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars,
or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment
Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures;
and Federal laws or regulations applicable to Federal Assistance Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of
the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or
Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended;
Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans
with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non-Discrimilnation Regulations, 28 CFR Part
42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28
CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the Grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of
the finding to the Office for Civil Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where
the application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated
October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal
funds within the units of the Coastal Barrier Resources System.
16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the
Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees,
as defined at 28 CFR Part 67 Sections 67.615 and 67.620.
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