09-CI-49-11-54-01-424 12/17/2008 DANNYL. KOLHAGE
CLERIC OF THE CIRCUIT COURT
DATE: January 19, 2009
TO: Jerry O'Cathey •
Emergency Management
FROM: Isabel C. DeSantis, D.C.
At the December 17, 2008, Board of County Commissioner's meeting the Board
approved the following:
Federally-Funded Subgrant Agreement between Monroe County and the State of Florida,
Division of Emergency Management concerning a Citizen Corps Agreement, Contract Number:
09CC in the amount of$7,500.00; and authorized the County Administrator to execute any other
required documentation in relation to the application process.
/
✓Federally-Funded Subgrant Agreement between Monroe County and the State of Florida,
Division of Emergency Management concerning a Community Emergency Response Team
(CERT) Agreement Contract Number: 09CI in the amount of$10,000.00; and authorized the
County Administrator to execute any other required documentation in relation to the application
process.
Enclosed are three duplicate originals of the above-mentioned for your handling. Please
be sure that the sets stamped Monroe County Clerk's Office Original and Monroe County
Finance Department's Original are returned to this office as quickly as possible. Should you
have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File!
(:A-<1..tfr It"'S+-Ol -!('l-t..f
Contract Number:09CI
CFDA Number: 97.067
FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Monroe County
(hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF lAWS. RULES. REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin September 1, 2008, and shall end 18 months after the date
of execution, but no later than May 31,2010, unless terminated earlier in accordance with the provisions
of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal Common Rule: Uniform Administrative Requirements for State and local Governments" (53
Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87, "Cost
Principles for State and local Governments," OMS Circular No. A-21, "Cost Principles for Educational
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Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. IIReasonablell shall ordinarily mean during normal business
hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. IIAgentsll shall include, but not be
limited to, auditors retained by-the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Department or the Division. IIReasonablell shall
ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
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(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 Recipient must have a single or program-specific audit conducted in .
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133,
as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of 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 chooses to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),
OMB Circular A-133, as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also sen_C! an electronic copy to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of
copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
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Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.stateJl.us]
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days ~!ter the Division has notified the Recipient of such non-compliance.
(j) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions nOJed above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
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(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 .
and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. IIAcceptable to the Divisionll means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division or the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Division or the Department to the Recipient
regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the Division will monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
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claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein'
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the-United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
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(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under
law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement fo~ their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
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(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Nikki Hines
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-413-9894
Fax: 850-488-7842
Email: nikkLhines@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Irene Toner
490 63rd Street Suite 150
Marathon, Florida 33050
Telephone: 305-289-6018
Fax: 305-289-3666
Email: toner-irene@monroecountv-fl.oov
(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 provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out ofthe subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Dfvision as to
whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
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(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Justification of Advance
Attachment D - Warranties and Representations
Attachment E - Certification Regarding Debarment
Attachment F - Statement of Assurances
(17) FUNDING/CONSIDERATION
(a) This 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 $10,000,
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181 (16),
Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three months of the contract term. For a federally funded contract,
any advance payment is also subject to federal OMB Circulars A-87, A-11 0, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested below, the budget data on
which the request is based and a justification statement shall be included in this Agreement as
Attachment C. Attachment C will specify the amount of advance payment needed and provide an
explanation of the necessity for and proposed use of these funds.
An advance payment of $ is requested
(c) After the- initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scop-e of Work,
Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (20)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
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(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Department of Community Affairs", and mailed directly to the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of $15.00 or 50/0 of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later subm ission or response to a Division request, or in any subm ission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
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consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discrim inatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
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 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
19(9)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modificatton in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other com pensation for services or expenses shall be subm itted in
detail sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
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(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 Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(0) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan-or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
12
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relatinglo 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 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.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
13
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment F.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title:
Date: 5/ a-~ /os
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MONROE COUNTVATTORNEY
AITiOVED ~O[~~
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ASSISTANT COUNTY ~TT~NEY
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14
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EXHIBIT - 1
THE FOllOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: Department of Homeland Security
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $10,000
THE FOllOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform eligible activities as identified in the Office of Grants and
Training Fiscal Year 2008-2009 State Homeland Security Grant Program (SHSGP), consistent
with the Department-of Homeland Security State Strategy.
2. Recipient is subject to all administrative and financial requirements or will be in violation with the
terms of the agreement.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding
agency may elect to use language that requires the Recipient to comply with the requirements of
applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the
language may state that the Recipient must comply with specific laws, rules, or regulations that pertain 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.
15
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.
16
Revised Attachment A
Budget and Scope of Work
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 Budget"as a guide for completing the"Budget Detail Worksheet"below.
No more than 3%of the total award may be expended on Management and Administration costs by the Recipient.
At the discretion of the Recipient,funds allocated to Management and Administration(as described in the"Proposed Program
Budget")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 costs do not exceed 3%of the Recipient's total award.
Grant Recipient Agency Category Amount Allocated
Planning
Training
$10,000.00
FY 2008 State Homeland Security Grant Exercises
Program—Issue 59: Community Monroe County Board of Equipment
Emergency Response Team(CERT) County Commissioners
Management and Administration
(The dollar amount which corresponds to 3%of the total Enter$amt here
allocation is shown in the column on the right.)
Vs' �' i; ."' Total Award $10,000.00
17
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet,to the Division,which accounts for the total award for issue 59:
Community Emergency response Team(CERT)as described in the"Proposed Program Budget".
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.
Budget Detailed Worksheet
Eligible Activities
Allowable Planning Costs Quantity Unit Cost Total Cost
Public Education/Outreach
Develop and implement homeland security support programs and adopt ongoing
DHS national initiatives,including State Preparedness Reports
Develop and enhance plans and protocols
Develop or conduct assessments
Establish,enhance,or evaluate CERT-related volunteer programs
Hiring of full or part-time staff or contractors/consultants to assist with planning
activities(not for the purpose of hiring public safety personnel fulfilling
traditional public safety duties)
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 week(usually 40 hours)related to the planning activities for the
development and implementation of the programs under CERT.
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Quantity Unit Cost Total Cost
Overtime and backfill funding for emergency preparedness and response
personnel attending FEMA-sponsored and approved training classes and
technical assistance programs.
1 10,000 10,000
Grantees may also use grant funds to cover overtime and backfill expenses for •
part-time and volunteer emergency response personnel participating in FEMA
training.
Training Workshops and Conferences-Grant funds may be used to plan and
conduct training workshops or conferences to include costs related to planning,
meeting space and other meeting costs,facilitation costs,materials and supplies,
travel,and training plan development.
18
', ,S •,
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
unit(s)of government and have the approval of the state or the awarding agency,
whichever is applicable.The services of contractors/consultants may also be
procured 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.
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 ODP-
sponsored courses.These costs must be in accordance with state law as
highlighted in the OJP Financial Guide.States must also follow state •
regulations regarding travel.If a state or territory does not have a travel policy
they must follow federal guidelines and rates,as explained in the OJP Financial
Guide.For
further information on federal law pertaining to travel costs please refer to
http://www.oip.usdoj.gov/Financialguide
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).
Tuition for higher education
Other Items-These costs include the rental of space/locations for planning and
conducting training,badges,etc.
Allowable Exercise Costs
Exercises specifically designed for or that include participation from non-governmental entities and the general public are allowable
activities and may include testing public warning systems,evacuation/shelter in-place capabilities,family/school/business preparedness,
and participating in table-top or full scale emergency responder exercises at the local,State,or national level,to include Top Officials
Exercise(TOPOFF).More information listed at http://hseep.dhs.gov
Quantity Unit Cost Total Cost
Exercise Planning Workshop-Grant funds may be used to plan and conduct
an Exercise Planning Workshop to include costs related to planning,meeting
space and other meeting costs,facilitation costs,materials and supplies,travel
and exercise plan development.
Full or Part-Time Staff or Contractors/Consultants-Full or part-time staff
may be hired to support exercise-related activities.Payment of salaries and
fringe benefits must be in accordance with the policies of the state or local
unit(s)of government and have the approval of the state or the awarding agency,
whichever is applicable.The services of contractors/consultants may also be
procured to support the design,development,conduct and evaluation of CBRNE
exercises.The applicant's formal written procurement policy or the Federal
Acquisition Regulations(FAR)must be followed.
Overtime and backfill costs—Overtime and backfill costs associated with the
design,development and conduct of CBRNE exercises are allowable expenses.
Grantees may also use grant funds to cover overtime and backfill expenses for
part-time and volunteer emergency response personnel participating in FEMA
exercises.
Implementation of HSEEP(Homeland Security Exercise and Evaluation
Program)
19
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.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/tinancialguide
Supplies-Supplies are items that are expended or consumed during the course
of the planning and conduct of the exercise project(s)(e.g.,copying paper,
gloves,tape,non-sterile masks,and disposable protective equipment).
Other Items-These costs include the rental of space/locations for exercise
planning and conduct,exercise signs,badges,etc.
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The table below highlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment
categories,and specific equipment eligible under each category,can be found on the web-based Authorized Equipment List(AEL)at:
http://www.rkb.us
• Register on the website(optional)
• Log into the website
• Select the SEUAEL tab
• Select AEL Only
• To identify items within the eligible categories,select the box that reads"List Contains All Items Click Here to Customize by
Grant". Then uncheck all the grants listed except for Citizen Corps Program(CCP)and select the Customize Button.The CCP
includes CERT activities.
If you wish to purchase a piece of equipment from any of the eligible categories listed below for CERT,indicate the"AEL item number"
and"title",in the empty space provided below that category,
e.g.,"AEL Item Number"Here,"Title"Here Quantity Unit Cost Total Cost
[01]Personal Protective Equipment(limited to Respiratory Protection
Equipment:Disposable Respirator and PPE Accessories Eye Protection and
other Accessories)
•
[03]CBRNE Operational and Search and Rescue Equipment Technology
[04]Information Technology
[05]Cyber Security Enhancement
[6]Interoperable Communications Equipment
[09]Medical
[10]Power
[12]CBRNE Incident Response Vehicles
[19]CBRNE Logistical Support Equipment
[21]Other Authorized Equipment
20
Eligible Management and Administration Costs(management and Quantity Unit Cost Total Cost
administration costs may not exceed 3%of the Recipient's total award)
Hiring of full-time or part-time staff or contractors/consultants:
4. To assist with the management of the FY 2008 CERT
4. To assist with design,requirements and the implementation of the
FY 2008 CERT
4. To assist with the implementation and administration of the State
Homeland Security Strategy,as it may relate to the FY 2008 CERT
Hiring of full-time or part-time staff or contractors/consultants and
expenses related to:
J. CERT pre-application submission management activities and application
requirements.
4. Meeting compliance with reporting/data collection requirements,including
data calls.
Development of operating plans for information collection and processing
necessary to respond to DHS/ODP data calls.
Overtime and backfill costs—Overtime expenses are defined as the result of
personnel who worked over and above their normal scheduled daily or weekly
worked time in the performance of this award—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 grant activities—approved activities
outside their core responsibilities.Neither overtime nor backfill expenses are the
result of an increase of Full—Time Equivalent(FTEs)employees.These costs
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
Meeting-related expenses(For a complete list of allowable meeting-related
expenses,please review the OJP Financial Guide at
http://www.ojp.usdoj.gov/financialguide).
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:
4. Recurring fees/charges associated with certain equipment,such as cell
phones,faxes,etc.
1 Leasing and/or renting of space for newly hired personnel to administer
programs within FY 2008 CERT.
TOTAL $10,000
21
SCOPE OF WORK
Funding is provided to perfoffil eligible activities as identified in the Domestic Homeland Security - Federal Emergency Management Agency
National Preparedness Directorate Fiscal Year 2008, Community Emergency Response Team (CERT), 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
Issue 59: Citizen Corps (Community Emergency Response Team)
FY 2008 Community Emergency Response Team (CERT), allowable costs are divided into the following categories: planning,
training, exercises, equipment and Management and Administration. Management and administration costs may not exceed 3%
of the Recipient's total award.
A. Planning
. Public education and Outreach.
· Developing and implementing homeland security support programs and adopting DHS national initiatives.
· Developing related terrorism prevention activities.
· Developing and enhancing plans and protocols.
Developing or conducting assessments.
B. Training
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:
· 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 defmed 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 alignnlent 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 Community preparedness.
· Overtime and backfill costs associated with attendance at G&T-sponsored and approved training classes and
technical assistance programs. SHSP may also be used for training Community in awareness, prevention, protection,
response, recovery skills.
Training courses are listed at www.firstresoonderstraining.gov
c. Exercises
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 preyention and response plans, policy, procedures, and protocols, including NIMS and NRP;
· Assess the readiness of jurisdictions to prevent and respond to terrorist attacks.
· Encourage coordination with surrounding jurisdictions in prevention, protection, response, and recovery activities;
· Facilitates implementation of HSEEP, including developing and maintaining a self-sustaining State Homeland
Security Exercise and Evaluation Program that is modeled on the national HSEEP.
Exercises conducted must be managed and executed in accordance with the Homeland Security Exercise and Evaluation
Program (HSEEP). HSEEP Volumes 1-1lI contain guidance and recommendations for designing, developing, conducting,
and evaluating exercises. Volume N contains sample exercise materials and documents. All four volumes can be found at
hUo:/lhseep.dhq':Ov.
Exercises specifically designed for or that include participation from non-governmental entities and the general public are
allowable activities and may include testing public warning systems, evacuation/shelter in-place capabilities,
family/school/business preparedness, and participating in table-top or full scale emergency responder exercises at the local,
State, or national level, to include Top Officials Exercise (TOPOFF). More information listed at htto:/lhseep.dhs.gov
All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and
performance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State
following every TTX, drill, FE, and FSE. AAR/IPs must be provided to the State within 30 days following completion of
each exercise (see HSEEP Volume II, Appendix A).
22
D. Equipment: FY 2008 CERT funds may be used for equipment acquisition from the FY 2008 Authorized Equipment
List (AEL). The FY 2008 AEL is available in its entirety online through the Responders Knowledge Base (RKB) at
hUD://www.rkb.lIs.
Authorized equipment for CERT includes the following:
· Personal Protective Equipment
CBRNE Operational and Search and Rescue equipment
· Information Technology
· Interoperable Communications Equipment
· Cyber SecUlity Enhancement Equipment
. Medical
Power
CBRNE Incident Response Vehicles
· CBRNE Logistical Support Equipment
. Other Authorized Equipment
E. Management and Administration - no more than 3% of each sub-recipient's total award may be expended on
Management and Administration costs.
1. Hiring of full-time or part-time staff or contractors/consultants:
· To assist with the management of the FY 2008 CERT
· To assist with design, requirements and the implementation of the FY 2008 CERT
· To assist with the implementation and administration of the State Homeland Security Strategy, as it
may relate to the FY 2008 CERT
2. Hiring of full-time or part-time staff or contractors/consultants and expenses related to:
o Meeting compliance reporting/data collection requirements, including data calls
3. Development of operating plans for information collection and processing necessary to
respond to DHS data calls.
4. 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 the award - 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 training -
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 unites) 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., 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 Compensation.
5. Travel expenses
Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the
OJP Financial Guide at htto://www.oio.usdoLaov/financialauide). -
6. 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
7. 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 FY 2008 CERT.
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
23
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 CERT
Other items not in accordance with the Authorized Equipment List or previously listed as allowable 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
G. Overtime and Backfill Guidance
· Overtime: Expenses incurred by those personnel who, as a result of FEMA-approved activities, are performing
over and above their nOlmal, scheduled work hours or work week.
· Backfill (also called Overtime as Backfill): Expenses incuned 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 FEMA-approved activities outside their core responsibilities. The OIP 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
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 FY 2008 is a critical year for initial NIMS adoption, the Recipient should start now by
prioritizing FY 2008 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to
facilitate its implementation.
1. Minimum FY 2008 NIMS Compliance Requirements
Incorporating NIMS into existing training programs and exercises;
· Completion of the NIMCAST tool;
· Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the
eligibility and allowable uses ofthe grants);
Incorporating NIMS into emergency operations planning;
· Promotion of mutual aid agreements; and,
· Institutionalizing the use of the Incident Command System (ICS).
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:
htto:/ /trainin~. fema. ~ov
· Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will provide
sample language and templates to assist in formally adopting NIMS through legislative and/or
executive/administrative means.
· Establish a NIMS baseline by determining which NIMS requirements are ~ready 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 2008 Requirements
In order for the State to receive FY 2008 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, http://www.fema.~ov/nims, will be updated regularly with
NIMS information and implementation guidance.
Note: FY 2008 CERT (via Community Corps Program) Program Grant Guidance can be found at www.dhs.aov or www.rkb.us
B. National PreDaredness System (NPS)
24
The NPS provides a tool to assist jUlisdictions, agencies, and organizations at all levels to plan for, assess, and track
capabilities in a shared environment. It integrates various efforts to provide the comprehensive picture of preparedness and
progress toward achieving the Goal. Recipients are responsible for/and required to report data into this developing system.
III. Reporting Requirements
A. Benchmarks
1. All funds shall be obligated within the first 6 months of the date of execution of the contract by both parties, no later than
May 31, 2009.
2. No less than 50% of the funds shall be spent within the first 12 months from the date of execution of the contract, no later
than November 30,2009.
3. 100% of the funds shall be spent within 18 months from the execution of the contract, no later than May 31, 20 I O.
4. Any unobligated funds will be de-obligated at the end of this period and are subject to reallocation to other prioritized
projects.
5. Extensions to the period of performance will be considered only through formal requests to FDEM with specific and
compelling justifications why an extension is required. All requests for extensions are subject to review and will not
automatically be granted.
B. The following information and documentation must be provided in the Form I report due prior to ???? DATE, 2008:
1. One-page summary of meeting held between applicant and their corresponding County Emergency
Management Office to discuss the CERT program.
2. A revised budget.
3. A timeline for key activities dllling period of sub-grant, to include at a minimum:
a. Official registering as a CERT by receiving official support from local authorized
representative and submitting request on the National Citizen Corps Website.
b. Strategy and methodology for recruitment of members.
C. Procurement of all materials and supplies to operate the CERT program and to support
public education and outreach activities.
d. Estimated number of publications distributed to the public.
e. Estimate number of people trained in community preparedness and family safety measures,
to include first aid, emergency preparedness, and general safety precautions.
f. Plans to maintain CERT members, indicating how they can be used to supplement
emergency management activities in disaster and non-disaster situations.
g. Plans to utilize CERT in expanded program activities.
h. Completion of the CERT Questionnaire
6. The following will be provided in all subsequent quarterly progress reports:
1. P9cumentation of registration as an official CERT.
2. A list of materials and supplies purchased for the CERT program funded under this-sub-grant.
3. A list of publications distributed tq, the public and funded under this agreement.
4. Roster(s) of volunteers trained dllling the grant period. Roster should include, at a minimum: name of
member and date training completed, and for new Citizen Corps Councils: Name of council, location
coverage, contact information, including e-mail address and phone number.
5. Sample copies of any materials (e.g. news releases, brochures, videos, notices, letters, pictures or the like)
produced to promote the CERT program under this sub-grant and courtesy copies of other program
promotional items.
6. A list of other CERT activities related to this sub-grant.
7. Total amount of grant funds used to date and for what activities
C. To submit with the quarterly report, a report of Community Emergency Response Team activation for emergency or non-
emergency situations. Report should detail date, council name, number of CERT members activated, brief description of
activity. This will include situations where CERT members have augmented a community's emergency management
capability.
25
Reporting Periods
A. Quarterlv Proerammatic Reportine:
The Quarterly Programmatic Report is due within 30 calendar days after the end of the reporting periods (March 31, June
30, September 30 and December 31) for the life of this contract. Quarterly repOlts with the appropriate documentation as
listed in Palt II.B and C shall be submitted to the Department for approval. In addition, all invoices for expenses incurred
to perform the work and prepare the products should be submitted. If a report(s) is delinquent, future financial
reimbursements will be withheld until the Recipient's reporting is current.
· All instructional materials, classroom supplies, and instructional tools (i.e. fire extinguisher) must be purchased
and a request for payment for these items must be received no later than DATE. Failure to comply may result in
a termination of this agreement.
· Programmatic/ Technical conference calls will be held quarterly on a schedule to be announced. These
conference calls are mandatory and attendance of these conference calls will be taken through role call. Failure
to attend these calls may result in a termination of this agreement.
Recipient agrees to perform the project identified in said application utilizing the funds provided under this
agreement. Matching Funds must meet program requirements.
Prol!rammatIc eDortme c edule
Reporting Period Report due to DEM no la1er than
July 1 through September 30 September 30, 2008
October 1 through December 31 December 31, 2008
January I through March 31 March 31, 2009
April 1 through June 30 June 30,2009
July 1 through September September 30,2009
. R S h
B. Proerammatic ReDortine
After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual Strategic
Implementation Report in the Grants RepOlting Tool (GRT) httos://www.reoortinlr.odo.dhs.gov The reporting periods are
January I-June30~d July I-December 31. Data entry is scheduled for December 1 and June I respectively.
C. Reimbursement Reouests:
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 Budget". A line item number is to be included for every dollar amount
listed in the "Detail of Claims" form. -
D. Close-out Proerammatic ReDortine:
The Close-out Report is due to the Florida Division of Emergency Management no later than 60 calendar days after the
contract is either completed or the contract has expired.
E. Monitorine:
26
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.
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 financial, programmatic and capability portion of the grant to include
equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations.
Monitoring is accomplished utilizing various methods including desk monitoring and on-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. Various levels of financial and programmatic review may be accomplished during
this process.
Desk monitOling 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
the FDEM or their designee, to actually observe records, procedures and equipment.
Freauency of annual monitorinl! activity:
Each year the FDEM will identify up to 50% of sub-grantees for site visit monitoring. It is important to note that although a given
grant has been closed successfully, it is still subject to either desk or on-site monitoring.
Examples of areas that may be examined include:
Management and administrative procedures
Grant folder maintenance
Equipment accountability and sub-hand receipt procedures
Program for obsolescence
Status of equipment purchases
Status of training for purchased equipment
Status and number of response trainings conducted to include number trained
Status and number of exercises
Status of planning activity
Anticipated projected completion
Specific difficulties completing the project.
Agency NIMS/ICS compliance documentation
In certain circumstances, the FDEM may request additional monitoring/information if the activity, or lack there of, on the part of the
specific recipient has generated questions from the region, the sponsoring state agency or the POEM leadership. The method of
gathering this information will be determined on a case-by-case basis.
Desk monitoring is an on-going process. Agency recipients will be required to participate in desk top monitoring on an annual basis
and as determined by the POEM. The agency recipients will compete and submit the desk top monitoring within 14 business calendar
days of receipt. This contact will provide an opportunity to identify the need for technical assistance (T A) and/or a site visit if the
FDEM determines that a recipient is having difficulty completing their project.
As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email.
Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of
the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further T A will be referred to the
FDEM for assistance. Exaniples of T A include but are not limited to:
~ Equipment selection or available vendors
~ Eligibility of items or services
~ Coordination and partnership with other agencies within or outside the region or discipline.
Site Visits
Site visits will be conducted by the FDEM or their designated personnel. Site visits will be scheduled in advanced with the recipient
agency POC designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit.
The FDEM will also conduct coordinated fmancial and grant file monitoring. These monitoring visits will be coordinated with the
capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form
of a peer review as needed.
27
All findings related to the capability review will be documented and maintained within the FDEM.
Site Visit Protocol
The following outlines the monitoring protocol for the FDEM:
The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year
(FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all
required tasks.
Site Visit Preparation
A letter will be sent to recipient agency Point of Contact (POC) stating the purpose of the site visit and sent at least 30 calendar days
before the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the
grantee's program.
The physical location of any equipment located at an altemate site should be confirmed with a representative from that location and
the address should be documented in the grantee folder before the site visit.
The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder.
Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit. Prior to the
visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit
team at a minimum of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient
POC one business day in advance of the site visit.
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, a
tour/visuaVspot inspection of equipment will be conducted.
Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset
decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements.
The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment
(large capitol expenditures in excess of $1,000. per item).
If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that
particular piece of equipment. Once the tour/visuaVspot inspection of equipment has been completed, the FDEM personnel will then
conduct an exit conference with the grantee to review the findings.
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 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and
corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will also
be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the
FDEM. The Site Visit Worksheet, report and photographs will then be iricluded in the grantee's file along with any documents
distributed at the site visit by the grantee.
K. Programmatic Point of Contact
Contractual Point of Contact Programmatic Point of Contact
Contract Manager, Nikki Hines Program Manager, Tina Mazanek
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
(850413-9894 (850) 410-1599
nikki.hines@em.myflorida.com Tina,mazanek@em.myflorida.com
L. Contractual Responsibilities
· The FDEM shall determine eligibility of projects and approve changes in scope of work.
· The FDEM shall administer the financial processes.
28
Attachment B
Program Statutes and Regulations
1) 53 Federal Register 8034
2) Section 1352, Title 31, US Code
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
14) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
15) Title VI of the Civil Rights Act of 1964, as amended;
16) Section 504 of the Rehabilitation Act of 1973, as amended;
17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
18) Title IX of the Education Amendments of 1972;
19) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
20) 28 CFR Part 42, Subparts C,D,E, and G
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
29
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), Florida Statutes. The amount which may be
advanced shall not exceed the expected cash needs of the Recipient within the initial three months of
the Agreement.
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
[ ] 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 REQUESTED
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
(A) (B) (C) (D)
FFY FFY FFY Total
DESCRIPTION 2005-2006 2006-2007 2007-2008
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES 1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
I
First three months expenditures need only be provided for the years In which you requested an advance. If
you do not have this information, call your consultant and he or she will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $ =
Cell 03 OEM Award MAXIMUM
(Do not include any match) ADV ANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
] Recipient has no previous DCA/DEM 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.
30
Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional
pages if needed.
ESTIMATED EXPENSES
BUDGET CATEGORY 2008-2009 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOT AL EXPENSES
EXDlanation of Circumstances:
31
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 the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes,
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition.
All procurement transactions shall be conducted in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offer or whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offer or must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance Of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or 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.
32
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
Licensina and Perm ittina
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.
33
[ - •r ' 'f •
i
Attachment E
insirminfirmm.iiiiimia
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion •
Subcontractor 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.
SUBCONTRACTOR:
•
By:
Signature Recipient's Name
Name and Title Division Contract Number
Street Address
City, State, Zip
Date
0
0
34
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 EP A.
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
35
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,'
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
36
t ,
Attachraacnt G
Certifie i4i F;ec Fiv, In
< �DsI as i�ieatrr,Sarsperialon;ls�133fiii�l9if
nt• r Fy 4 • And JolainE'rrv :- t��� Lora
Subcontractor Covered Transactions
(1) The prospective subcontractor 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 subcontractor is unable to certify to the above statement,the prospective
subcontractor shall attach an explanation to this form.
r
SUBCONTRACTOR:
By:
Signature Recipient's Name
4q G !
Name and Title DCA Contract Number
Street Address
City, State,Zip
Date