Item D13BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21.2007 Division: Emergency „Services
Bulk Item: Yes X No Department: Emergency Management
Staff Contact Person: Tom Cullen/Jose Tezanos
AGENDA ITEM WORDING: Approval of a Modification to Grant Agreement 06-DS-3W-11-54-01-309 to
reinstate and extend thru December 31st, 2007, and authorization for the County Administrator to execute any
other required documentation in relation to the application process.
ITEM BACKGROUND: The Department of Community Affairs (DCA) and Monroe County Board
of County Commissioners entered into an agreement on July 1, 2005 to provide planning, training and
exercises under the State Homeland Security Grant Program - Issue 08. This grant was to end August
30, 2006. To allow completion of ICS courses 300 - 400, we have requested to extend deadline to
December 31, 2007. These courses are being offered to our first responders, and EOC personnel.
PREVIOUS RELEVANT BOCC ACTION: At the BOCC meeting on October 19, 2005. The Board
granted approval and authorized execution of a Federally -Funded Subgrant Agreement concerning
Homeland Security Grant, 06-DS-3W-11-54-01-309, in the amount of $36,322,00. This document was
signed by Mayor Spehar.
CONTRACTIAGREEMENT CHANGES: Reinstatement and deadline extension to December 31,
2007.
STAFF RECOMMENDATIONS: Our Department Head has reviewed the modification agreement
and requests your approval.
TOTAL COST: $36,322.00 BUDGETED: Yes No X
COST TO COUNTY: NONE SOURCE OF FUNDS: DHS Grant
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty Yes OMB/Purchasing Yes Risk Management Yes
DOCUMENTATION: Included X p- Not Required - —
DISPOSITION: AGENDA ITEM 4
Revised 8/06
MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY
Meeting Date: March 21. 2007 Division.: EmMency Services
Bulk Item: Yes X No Department: Emer enc Mana ement
Staff Contact Person: Jose Tezanos
AGENDA ITEM WORDING: Approval of a Modification to Grant Agreement 06-DS-3W-11-54-01-309
to reinstate and extend thru December 31st, 2007, and authorization for the County Administrator to execute
any other required documentation in relation to the application process.
ITEM BACKGROUND: The Department of Community Affairs (DCA) and Monroe County Board of
County Commissioners entered into an agreement on July 1, 2005 to provide planning, training and exercises
under the State Homeland Security Grant Program — Issue 08. This grant was to end August 30, 2006. To
allow completion of ICS courses 300 - 400, we have requested to extend deadline to December 31, 2007.
These courses are being offered to our first responders, and EOC personnel.
PREVIOUS RELEVANT BOCC ACTION: At the BOCC meeting on October 19, 2005. The Board
granted approval and authorized execution of a Federally -Funded Subgrant Agreement concerning Homeland
Security Grant, 06-DS-3W-11-54-01-309, in the amount of $36,322.00. This document was signed by Mayor
Spehar.
CONTRACT/AGREEMENT CHANGES: Reinstatement and deadline extension to December 31,
2007.
STAFF RECOMMENDATIONS: Our Department Head has reviewed the modification agreement and
requests your approval.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dept. Comm. Affairs
Contract #06
DS-3W-11-54-01-309
Effective Date:
July 1, 2005
Expiration Date:
August 30,2006
Contract Purpose/Description:
This is a Department of Homeland Security
grant awarded for
planning, training, and
exercises. Our request for an extension to December 31 2007 to com lete exercises was granted.
Your review and approval of grant agreement modification is requested.
We will need 6 original
copies be signed by our Mayor.
Contract Manager: Tom Cullen 1
305 305-289-6019 / 289-6325
Jose Tezanos
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on March 21, 2007
Agenda Deadline: March 6, 2007
CONTRACT COSTS
Total Dollar Value of Contract: $ 36,322.00 Current Year Portion: $ 36,322.00
Budgeted? Yes® No ❑ Account Codes: GE0620-13520-mow 2 , 5,3 , 40C_ Imi
Grant: $ 36,322.00
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $None/yr For:
{Not included in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date Out
Division Director
Date In
3 -2 0,7
Needed ✓ �Re �K
Yes❑ No[f
Risk Mana ement
3 1-67
Yes❑ No[ l �-,
3-7-07
O. . /Purcha ing Q�"Yes❑ No❑
�(
County Attorney
d is/a�
Yes❑ No[�J��
O
1 Comments:
IKVID rV11n nevtsea Z.IGItuI 1vIl.L.i' TFL
Contract Number: 0 - -3 -11--0j-309
CFDA Number: 97-0 7
This Modification is made and entered into by and between the State of Florida, Department of
Community Affairs, ("the Department'), and the Monroe County ("the Recipient@) to reinstate and to
modify the Department's Contract Number 06-DS-3 41-54..M-309, dated December 21, 2005, (`the
agreement').
WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to
which the Department has provided a sub grant of $36,322 to Recipient; and
WHEREAS, the Agreement expired on August 30, 2006; and
WHEREAS, the Department and the Recipient desire to reinstate the Agreement and
to modify the Agreement by extending it.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the
parties agree as follows:
1. The Agreement is hereby reinstated as though it had not expired.
2. Paragraph 3, period of Agreement, is hereby amended to have an expiration date for the
Agreement of December 31, 2007. Final requests for reimbursement should be
submitted no later than thirty (30) days after the termination date of the contract. Any
requests received after January 31, 2008 may, in the discretion of the department, not
be reimbursed from this Agreement.
3. All provisions not in conflict with this Modification remain in full force and effect, and are
to be performed at the level specified in the Agreement.
4. All provisions of the Agreement being modified and any attachments thereto in conflict
with this Modification shall be and are hereby changed to conform with this Modification,
effective as of the date of the last execution of this Modification by both parties.
herein. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out
RECIPIENT: Monroe County
M
NAME & TITLE: Mavor Mario DiGpnnnrn�_ Board Of Count Monroe County",' FT
DATE:
M
NAME & TITLE: W. Craici_Fugate, Director of the Division of Emergency Management
DATE:
r
W
z
W
00
QO
F- U3
z¢
D0
OUj
U 7
Lit O
Occ
T 2-
Z
O
2
W
z
cc
0
H
z
U)
U)
Contract Number: 06-DS-3W-11-54-01-309
CFDA Number: 97.067
FEDERALLY -FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Monroe County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Department has received these grant funds from the State of Florida, and has
the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth;
and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT,
This Agreement shall begin upon execution by both parties or July 1, 2005, whichever is
later, and shall end August 30, 2006, unless terminated earlier in accordance with the provisions of
Paragraph (12) of this Agreement.
1
k
Hanm
County mews C,3
A
Contract Number: 06-DS-3W-11-54-01 • ��
CFDA Number: 97.067
FEDERALLY -FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Monroe County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Department has received these grant funds from the State of Florida, and has
the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth;
and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties or July 1, 2005, whichever is
later, and shall end August 30, 2006, unless terminated earlier in accordance with the provisions of
Paragraph (12) of this Agreement.
1
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Nigh
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for -profit) organization on a cost reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided under this Agreement, for a period of five years from the date the audit report is issued, and
shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such
records upon request. The Recipient shall ensure that audit working papers are made available to the
Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five
years from the date the audit report is issued, unless extended in writing by the Department, with the
following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
after closing of title.
3. Records relating to real property acquisition shall be retained for five years
ON
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including supporting documentation of
all program costs, in a form sufficient to determine compliance with the requirements and objectives of the
Budget and Scope of Worts - 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 Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-1 33, 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
indicates Federal resources awarded through the Department 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 Department. 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 relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A 133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of
the audit must be paid from non -Federal resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient dire to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 323W2100
and
Department of Community Affairs
Bureau of Preparedness and Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 323M2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-1 33, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10t' Street
Jeffersonville, IN 47132
11
Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (0, OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shalt
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
Grants Administration Unit
2555 Shumard Oak Boulevard
Tallahassee, Florida 323W2100
(g) Any reports, management letter, or other information required to be submitted to the
Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
0) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
5
Chapter 473, Fla_ Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department no later than seven (7) months from the end of
the Recipient's fiscal year.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Department with semi-annual reports,
and with 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 such other information as requested by the
Department.
(b) Semi-annual reports are due to be received by the Department no laterthan 30 days
after the end of each period of the program year and shall continue to be submitted each period until
submission of the administrative close-out report. The ending date for the period of the program year is
December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in Paragraph (11)
REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance
with the Budget and Scope of Work.
(e) The Recipient shall provide such additional program updates or information as may
be required by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachment D.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified
6
time periods, and other performance goals stated in this Agreement are achieved. Such review shall be
made for each function or activity set forth in Attachment A to this Agreement, and reported in the semi-
annual report.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures
may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by
OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Department. In the event that 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 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 Comptroller or Auditor General.
In addition, the Department will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall hold the Department harmless against all claims of whatever nature by third
parties arising out of the performance of work under this agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
7
(10) DEFAULT.
If any of the following events occur ("Events of Defaulf5, all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth in Paragraph (11), but the
Department may make any payments or parts of payments after the happening of any Events of Default
without thereby waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Department shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Department and has not cured such in timely fashion,
or is unable or unwilling to meet its obligations thereunder,
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
(c) If any reports required by this Agreement have not been submitted to the Department
or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES.
Upon the happening of an Event of Default, then the Department may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently
or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-retum receipt requested, to
the address set forth in paragraph (13) herein;
E
(b) Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. requiring the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Department any funds which were used for
ineligible purposes under the program laws, rules and regulations goveming the use of funds under this
program.
law.
(0 Exercise any other rights or remedies which may be otherwise available under
(g) The pursuit of any one of the above remedies shall not preclude the Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Department of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department
hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any
further or subsequent default by the Recipient.
(12) TERMINATION.
(a) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner, and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to discfosure under Chapter 119, Fla. Stat., as amended.
(b) The Department may terminate this Agreement when it determines, in its sole
discretion, that the continuation of the Agreement would not produce beneficial results commensurate
Z
with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written
notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the
Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient
for purpose of set-off until such time as the exact amount of damages due the Department from the
Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Ms. Chanda D. Brown, Financial Specialist
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-414-8538
Fax: 850-488-7842
Email: chanda.brown@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. William A. Wagner Jr., Senior Director
Monroe County Board of County Commissioners
490 63' Street (Ocean), Suite 150
Marathon, Florida 33050
Telephone: 305-289-6018
Fax: 305-289-6333
Email: Ton_er-lrene@monroecounty-fl.gov
10
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Department for review and approval prior to execution of
the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the
subcontractor is bound by the terms of this Agreement, (H) the subcontractor is bound by all applicable
state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient
harmless against all claims of whatever nature arising out of the subcontractor's performance of work
under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in
performing its wont under this Agreement shall be documented in the semi-annual report submitted by the
Recipient.
For each subcontract, the Recipient shall provide a written statement to the Department as to
whether that subcontractor is a minority vendor.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B -- Program Statutes and Regulations
Attachment C — Justification of Advance
11
f:
Attachment D — Warranties and Representations
Attachment E — Certification Regarding Debarment
Attachment F — Assurances
(17) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed Tg6,322
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
FIa.Stat., and is contingent upon the Recipient's acceptance of the rights of the Department under
Paragraph (12)(b) of this Agreement. The amount which maybe advanced may not exceed the
expected cash needs of the Recipient within the first three (3) months of the contract term. For a
federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-
122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the
budget data on which the request is based and a justification statement shall be included in this
Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds.
1. K No advance payment is requested.
2. An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by Congress,
the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all
obligations on the part of the Department to make any further payment of funds hereunder shall
terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from
the Department.
12
(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be made
payable to the order of "Department of Community Affairs", and mailed directly to the Department at the
following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
13
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
nuli and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Department under the terms of
this Agreement shall survive the terms and fife of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et sea. , if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid on a contract to provide 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 award or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity.
14
(h) With respect to any Recipient which is not a local government or state agency, and
which receives funds under this Agreement from the federal government, by signing this Agreement, the
Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Department (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment hl) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Department prior to the Recipient entering into a contract with any
prospective subcontractor.
(I) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat, or the Florida Constitution.
0) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
15
(k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Fla. Stat.
(1) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the
Recipient in conjunction with this Agreement.
(m) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(n) 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
CINA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by
the Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief.
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
IV
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement,
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(22) COPYRIGHT PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF
THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS
ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise-
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Department for a determination whether patent protection will be
17
sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with
the performance of this Agreement are hereby reserved to the State of Florida. In the event that any
books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any and all copyrights accruing under or in connection with the performance under this
Agreement are hereby transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights which accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(24) ASSURANCES.
Attachment F.
The Recipient shall comply with any Statement of Assurances incorporated as
18
t
Monte County ClerWx Ofr= Oe-exnal
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Recipient:
oMracl �'otx r! fy�CC
BY:
r n
Name and Title: „� / X 1 e- /�! J e- �iC �/0 r
Date: /07��
SAMAS #
FID# 6 - U d 0of-VI
STATE OF ZIDA DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title: W.-Cralcl Fugate, Director of Ememency Mangoement
Date:
o f fl 23
ace
4Qz�}
�`�c2m.L(�J
19
ivlwrl�� 0E- 60UN:f Fit
OVER A Q
ANN ..I- TTON
ASS15TAN 1 ^pIr aRNEY
EXHIBIT —1
FEDERAL. RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE. If the resources awarded to the recipient represent more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program Department of Homeland Security, Office of domestic Preparedness
CFDA # 97.067
$36,322
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: N/A
1. First applicable compliance requirement (e.g., what servicesJpurposes resources must be used
for).
2. Second applicable compliance requirement (e_g., eligibility requirements for recipients of the
resources).
3. Etc.
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 a specific law(s), rule(s), or regulation(s) that
pertains to how the awarded resources must be used or how eligibility determinations are to be made.
The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation
rut erred to.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the recipient.
20
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.
14� No more than 2.5% of the total award may be expended on Management and Administration costs by the Recipient.
-46 At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed
Program Budger) may be put towards Programmatic costs instead.
-46 The transfer of funds between planning, training, exercises and management & administration is permitted, for this
contract only, whereas management & administration costs do not exceed 2.5% of the Recipient's total award.
21
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 08 as described in the "Proposed Program Budget".
If any changes need to be made to the `Budget Detail Worksheer, lflff the execution of this contract, contact the contract manager
listed in this contract via email or letter.
duet Detail Worksheet #08 - Eliait}le't
Public Educabon/outreach
Develop and implement homeland security support programs and adopt
ongoing DH5 national initiatives
Develop and enhance plans and protocols
Develop or conduct assessments
Establish, enhance, or evaluate Citizzen Corps -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 pule safety duties)
Conferences to facilitate planning activities
Materials required to conduct planning activities
22
Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are
allowable as expenses by employees who are on travel status for official
business related to the planning and conduct of the training project(s) or
for attending ODP-sponsored courses. These costs must be in
accordance with state law as highlighted in the OJP Financial Guide.
7
States must also follow state regulations regarding travel. If a state or
/
territory does not have a travel policy they must follow federal guidelines
and rates, as explained in the OJP Financial Guide. For
further information on federal law pertaining to travel costs please refer
to http://www.ojp.usdoj.gov/FinGuide.
Supplies - Supplies are items that are expended or consumed during
the course of the planning and catduct of the training project(s) (e.g.,
copying paper, gloves, tape, and non -sterile masks).
Other item - These costs include the rental of space/locations for
planning and conducting training, badges, etc.
A complete fist of ODP approved courses maybe found atwww.oip..usdoi.gov/odip/docrJEII.cible Federal_ Courses.pdf
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.
Fall or Part -Three 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
contractorsiconsultants 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 leacicfrlt cotes -- Overtime and backfill casts associated
with the design, development and conduct of CBRNE exercises are
allowable expenses.
Grantees may also use ODP grant funds to cover overtime and backlill
expenses for part-time and volunteer emergency response personnel
participating in ODP exercises.
Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are
allowable as expenses by employees who are on travel status for official
business related to the planning and conduct of the exercise project(s).
These costs must be in accordance with state law as highlighted in the
OJP Financial Guide. States must also follow state regulations regarding
travel. 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
referto http://www.oip.usdoj,goviFinGuide.
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.
The scenarios used in SHSGP funded exercises must be terrorism -related and based on the State Homeland Security
Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber
and agricultural. A state orlocal jurisdiction that conducts an exercise using SHSGP funds must follow the HSEEP doctrine
and protocols located athyp:/Miww.oin.usdoi.uovloda/exerclses.htm#hseep.
23
Hiring of full-time or part-time staff or contractorsiconsultants:
o To assist with the management of FY05 HSGP.
o To assist with design, requirements, and Implementation of FY05
HSGP.
o To assist with the implementation and administration of the State
Homeland Security Strategy, as it may relate to the individual grant
program.
Hiring of full4b* or part-time staff or corttractorsfconsuttants and
expenses related to.
o HSGP pre-applcation submission management activities and
application requirements.
o Meeting compliance with reporting/data collection requirements,
including data calls.
Development of operating plans for information collection and
processing necessary to respond to DHSIODP data calls.
Overtirne and backfiti costs — Payment of overtime expenses will be
for work performed by award (SAA) or sub -award employees in excess
of the established work week (usually 40 hours) related to the M&A
activities for the development and implementation of the programs
under HSGP. These costs are allowed only to the extent the payment
for such services is in accordance with the policies of the state or local
unit(s) of government and has the approval of the state or the awarding
agency, whichever is applicable. In no case is dual compensation
allowable. That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an
award for a single period of time (e.g., 1:00 pm to 5:00 pm), even
though such work may benefit both activities. Fringe benefits on
overtime hours are limited to Federal Insurance Contributions Act
(FICA), Workers' Compensation and Unemployment Compensation.
Travel expenses
Meeting -related expenses (For a complete list of allowable meeting -
related expenses, please review the OJP Financial Gulde at
http://www.oip.usdoj.gov/FinGuide).
Acquisition of authorized office equipment, including personal
computers, laptop computers, printers, LCD projectors, and other
equipment or software which may be required to support the
implementation of the homeland security strategy.
The following are allowable only within the contract period:
o Recurring fees/charges associated with certain equipment, such as
cell phones, faxes, etc.
o Leasing andfor rending of space for newly hired personnel to
administer programs within FY05 SHSGP.
TOTAL I 3 �, 3 Z
24
Scope of Work
Funding is provided to perform eligible activities as identified in the Office for Domestic Preparedness Fiscal Year 2005 State
Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible
activities are outlined in the Scope of Work for each category below:
Categories and Eligible Activities
08. Planning, Training and Exercises for Local and Regional Efforts
FY2005 SHSGP, Issue 08b, allowable costs are divided into the following categories: planning, training and exercises.
in addition, management and administration costs are also allowable. Management and administration costs may not
exceed 2.5% of the Reciplent's total award.
A. Planning
Developing and implementing homeland security support programs and adopting DHS national
initiatives including but not limited to the following:
Costs associated with implementing and adopting HSPD-8 initiatives
• Costs associated with implementing and adopting NIMS
• Costs associated with modifying existing incident management and EOPs to ensure proper alignment with
the NRP coordinating structures, processes, and
• Establishing or enhancing mutual aid agreements
• Developing communications and interoperabllity protocols and solutions
• Conducting local, regional, and tribal program implementation meetings
• Developing or updating resource inventory assets in accordance to typed resource definitions issued by
the NIC
• Designing state and local geospatial data systems
• Developing related critical Infrastructure terrorism prevention activities including:
o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during
mitigation and recovery
Q Public information/education: printed and electronic materials, public service announcements,
seminarsitown hall meetings, web postings coordinated through local Citizen Corps Councils
o Citizen Corps activities in communities surrounding critical infrastructure sites, including
Neighborhood Watch, VIPS, and other opportunities for c'itlzen participation
o Evaluating CIP security equipment and/or personnel requirements to protect and secure sites
o CIP cost assessments, including resources (financial, personnel, etc.) required for security
enhancements/deployments.
Developing and enhancing plans and protocols, including but not limited to:
• Developing or enhancing EOPs and operating procedures
• Developing terrorism prevention/deterrence plans
• Developing plans, procedures, and requirements for the management of infrastructure and resources
related to HSGP and implementation of State or Urban Area Homeland Security Strategies
• Developing or enhancing border security plans
• Developing or enhancing cyber security plans
• Developing or enhancing cyber risk mitigation plans
• Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans
• Developing public/private sector partnership emergency response, assessment, and resource sharing
plans
• Developing or updating local or regional communications plans
• Developing plans to support and assist special needs jurisdictions, such as port authorities and rail and
mass transit agencies
• Developing or enhancing continuity of operations and continuity of government plans
• Developing or enhancing existing catastrophic incident response and recovery plans to include and
integrate federal assets provided under the NRP.
Developing or conducting assessments, including but not limited to:
• Conducting point vulnerability assessments at critical infrastructure siteslkey assets and develop
remediation/security plans
• Conducting cyber risk and vulnerability assessments
• Conducting assessments and exercises of existing catastrophic incident response and recovery plans and
capabilities to Identify critical gaps that cannot be met by existing local and state resources
• Activities which directly support the Identification of specific catastrophic incident priority response and
recovery projected needs
25
Activities which directly support the identification and advance preparation of pre -designated temporary
housing sites; for example:
o Conducting assessments and studies to identify qualified candidate sites
a Obtaining accurate site surveys and existing utility Information
o Coordinating zoning requirements and necessary permits and/or waivers
o Coordinating environmental impact requirements related to a selected site
o Coordinating historic preservation requirements related to a selected site.
B. 'training
Allowable training -related costs include: 1) establishment of CBRNE terrorism and cyber security training
programs within existing.training academmiess,�unive�sii�e or unl�oll cegpq; and 2) overtime and backfill costs
associated with atten�ance at -ODP-sponsored and ODP approved CBRNE and cyber security training courses.
The target audience for training courses include emergency preparedness, prevention and response pe-rson-nel,
eme%ency_managers and public/elected officials mnthin the,fglow€ng disciplines: fire service, law enforcement,
emergency. management, emergency..,medmaiseryices, hazardous materials, publlcrtworks, publrc � fi`, health
care public safety communications, governmental administrative cybersecunty, andprivatI secunty,provlders.
frn order to deliver these courses, state and? local instr � rs must be certified to deliver the course by
successfully completing ODP train -the -trainer course delivery. Detailed descriptions of ODP courses are
included in the OOP CBRNE Training Course Catalog at http://www.ojp.usdoj.gov/odp/does/coursecatalog.pdf.
C. Exercises
Exercises conducted with ODP support (grant funds or direct support) must be managed and executed in
accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes 1-111
contain guidance and recommendations for designing, developing, conducting, and evaluating exercises.
HSEEP Volumes 1-III can be found at ODP`s website at http://www.ojp.usdoj.govlodp/exerelses.htm. Volume IV,
which contains sample exercise materials and documents, can be found on ODP's Secure Portal at
https://odp.esportals.com or http://www.lils.gov.
Exercise Scenarios. The scenarios used in SHSGP-funded exercises must be terr am-re1q; d and based on
the State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for exercises include.
chemical, biological, radiological, nuclear, explosive, cyber and agricultural. Grantees that need further
clarification on scenarios should consult with their State Exercise Manager for assistance and/or approval.
Fifteen all -hazards National Planning Scenarios, including_12_terrorism scenarios, have been developed, and
will be made available for use in national, federal, state, and local homeland security preparedness activities
{See NSPD-8: Na�.vtfona! Pna�cfness orb pa a 49 . Citizen participation in exercises Is encouraged to include
b C""kf'f�ng non-professional tasks for first responders deployed on exercise, administrative and logistical
assistance with exercise Implementation, and providing simulated victims, press, and members of the public.
Citizen participation in exercises should be coordinated with local Citizen Corps Council(s). If a state or urban
area will be hosting an upcoming special event (e.g,, Superbowl, G-B Summit, etc.), or they anticipate that they
will apply to be a venue for a future Top Officals (TOPOFF) exercise, they should plan to use SHSP or UASI
funding to fund training and exercise activities in preparation for that event.
All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated
and performance based. An After Action Report (AAR) and Improvement flan 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 11, Appendix A).
D. Management and Administration - no more than 2.5% of each sub -recipient's total award may be expended
on Management and Administration costs by the sub-reciplenis
Hiring of full4irne or part-time staff or contractors/consultants:
e To assist with the management of the QY20Q5_S,L_SS P
• To assist with design, requirements and the implementation of the F_Y2005..SHSGP
• To assist with the implementation and administration of the State Homeland Security Strategy, as it may
relate to the FY2005-SHSGP
Hiring of fuil4ime or part-time staff or contractors/consultants and expenses related to:
a Meeting compliance reporting/data collection requirements, including data calls
Developmient of operating plans for information collection and processing necessary to respond to
DHSiODP data calls
Overtime and backfill costs - Payment of overtime expenses will be for work performed by award (SAA) or
sub -award employees in excess of the established work week (usually 40 hours) related to the M&A activities
for the development and implementation of the programs under HSGP. These casts are allowed only to the
extent the payment for such services is in accordance with the policies of the state or local unit(s) of
government and has the approval of the state or the awarding agency, whichever is applicable. In no case is
dual compensation allowable. That is, an employee of a unit of government may not receive compensation from
their unit or agency of government AND from an award for a single period of time (e.g.,1:00 pm to 5:00 pm),
OR
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 Guile at http:Ilwww.oii?.usdoi.00ylFinGuidg).
Acquisition of authorized office equipment, including:
• Personal computers
• Laptop computers
• Printers
• LCD projectors, and
• Other equipment or software wh€ch may be required to support the implementation of the homeland
security strategy
The following are allowable only within the period of performance of the contract:
• Recurring feestcharges 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 FY2005
SHSGP
E. unauthorized Expenditures
• Expenditures for items such as general -use software (word processing, spreadsheet, graphics, etc.)
• General -use computers and related equipment
• General -use vehicles
• Licensing fees
• Weapons systems and ammunition
• Construction or renovation of facilities that would have been reasonably necessary due to non-terror€st
threats
• Activities unrelated to the completion and implementation of the SHSGP
• Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs
• Recurring Costs
• Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency
responders, and may not be used to hire staff for operational activities or backfill.
F. Overtime and Backfill Guidance
Overtime: Expenses incurred by those personnel who, as a result of ODP-approved activities, are performing
over and above their normal, scheduled work hours or work week.
Backfill (also called Overtime as Backfill): Expenses incurred by those personnel who are working over and
above their normal, scheduled work hours, or work week, In order to perform the duties of other personnel who
are temporarily assigned to ODP-approved activities outside their core responsibilities. The OJP OC does not
distinguish between Overtime and Overtime as Backfill — they are both viewed as overtime regardless of
whether the individual has performed more hours In their normally assigned place of duty or if the overtime
accrued as a result of being re -assigned to a different place of duty. Overtime and backfill do not result in an
increase of full-time employees (FTEs).
National Preparedness Initiatives
Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay abreast of
initiatives being highlighted by OHS and to comply with associated program requirements.
A. National Incident Management System (NIMS)
NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to
work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic
lnciderrts, regardless of cause, size or complexity. Since FY2005 is a critical year for initial NIMS adoption, the
Recipient should start now by prioritizing FY2005 preparedness assistance (in accordance with the eligibility
and allowable uses of the grant) to facilitate its implementation.
4. Minknum FY2006 NIMS Compliance Requirements
• Incorporating NIMS into existing training programs and exercises;
• Ensuring that federal preparedness funding supports NIMS implementation (in accordance with
the eligibility and allowable uses of the grants);
• Incorporating NIMS into emergency operations planning;
• Promotion of mutual aid agreements; and,
• Institutionalizing the use of the Incident Command System (ICS).
2. Local units of government should support NIMS Implementation by:
27
• Having relevant personnel complete the NIMS Awareness Course:
National Incident Management System (NIMS), An Introduction" IS 700. This independent
study course is available on -fine and will take between forty-five minutes to three hours to
complete. The course Is available on the Emergency Management Institute web page at:
htt :f/trainin .fema, ov/EMNVeb/ISAs7GO.as
• 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 already satisfied.
The NIC is developing a web -based self -assessment system, the NIMS Capability Assessment
Support Tool (NIMCAST) to evaluate their Incident response and management capabilities. The
NIC is currently piloting the NIMCAST with a limited number of states. Upon completion of the
pilot, the NIC will provide all potential future users with voluntary access to the system.
Additional information about the NIMCAST tool will be provided later this year.
• Establishing a timeframe and developing a strategy for full NiMS implementation. Transit
systems are encouraged to achieve full NIMS implementation during FY 2005. To the extent that
full Implementation Is not possible during FY 2005, federal preparedness assistance must be
leveraged to complete NIMS Implementation In FY 2006. By FY 2007, federal preparedness
assistance will be conditioned upon full compliance with NIMS.
• Institutionalizing the use of the ICS. Transit systems that are not already using ICS, must
institutionalize the use of ICS (consistent with the concepts and principles taught by DHS)
across the entire response system.
FY 2006 and FY 2007 Requirements
In order for the Division to receive FY2006 preparedness funding, the minimum FY2005 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,
hftg)://www.fema.govinims, will be updated regularly with NIMS Information and implementation
guidance.
III. Reporting Requirements
A. Semi -Annual Pro am atic Reporting:
The Semi -Annual Programmatic Report is due within 15 days after the end of the reporting periods (June 30
and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be
withheld until the Recipient's reporting is current.
Pr €aromatic Reporting: Information to Report On
After the end of each reporting period, for the life of the contract, the Division will provide a Biannual Strategy
and Implementation Report worksheet to the Recipient Point of Contact listed in this contract. This worksheet
Will contain all of the information that the Recipient needs to report on. The Recipient is to complete this
worksheet in its entirety and email the finished product to the programmatic contact fisted below. The first
worksheet will be available after the July 1 - December 31, 2005 reporting period.
r2 =,.. 1. _,11 7
Planning - the Division reserves the option to request access to any document, as described below,
at anytime during the contract period.
+ If the Recipient chooses to enhance/develop a plan, parts of a plan, SOP/SOG, or other
documentation then, the Division will require the review of a draft copy of this document for
NIMS compliance. The Division will only be malting recommendations.
28
• If the Recipient chooses to enhance/develop a mutual aid agreement, the Division will
require a copy of said agreement.
If the Recipient chooses to enhance/develop a GIS database product, the Division will
require access to the layer or database.
If the Recipient chooses to enhance/develop public Information related materials, the
Division will require a copy of said materials.
If the Recipient chooses to participate in a Domestic Security related meeting or
conference, the Division will require a copy of the agenda prior to the meeting and a roster
afterthe meeting.
• If the Recipient chooses to conduct an assessment, we will require a copy of the completed
assessment. Since these are secure documents, they should be submitted on CD.
2. Training
3. Exercises
If the Recipient chooses to conduct training, the Division will require the title of course,
instructors name and a list of attendees prior to course delivery. Atferthe course has been
delivered, the Division will require a roster of actual participants.
If the Recipient chooses to conduct an exercise, an After Action Report should be
submitted to the Division no later than thirty (30) days after the conclusion of the exercise.
C. Reimbursement Requests:
An invoice or purchase order must accompany each request for reimbursement. A request for reimbursement
may be sent to your contract manager for review and approval at anytime during the contract period.
D. Close out_ Programmatic Reporting_
The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the
contract is either completed or the contract has expired.
IV. Points of Contact
Contractual Point of Contact
Programmatic Point of Contact
Chanda Brown
Farrah Gosford
FDEM
FDEM
2555 Shumard Oak Blvd.
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Tallahassee, FL 323W2100
(850) 414-8538
(850) 413-9974
Chanda.brown dca.state.fl.us
Farrah. osford dca.state.fl.us
29
j,.
Attachment B
Program Statutes and Regulations
I) 53 Federal Register 8034
2) Federal Acquisition Regulations 31.2 and 031.2
3) Section 1352, Title 31, US Code
30
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment
is requested, budget data on which the request is based must be submitted. Any advance payment
under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be
advanced shall not exceed %e expected cash nee s of the recipient within the initial three months.
[ ] NO ADVANCE REQUESTED
No advance payment is requested. Payment
will be solely on a reimbursement basis. No
additional information is required.
ADVANCE REQUEST WORKSHEET
[ 7 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.
If you are requesting an advance, complete the following worksheet
(A)
(B)
(C)
(D)
FFY 2002
FFY 2003
FFY 2004
Total
DESCRIPTION
1
INITIAL CONTRACT ALLOCATION
2
FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3
AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
. First three months expenditures need only be provided forthe years in which you requested an
advance. If you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
owl
Cell D3
DCA Award MAXIMUM
o not include any match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
ERecipient has no previous DCA contract history. Complete Estimated Expenses chart and
xplanation of
Circumstances below.
j Recipient has exceptional circumstances that require an advance greater than the Maximum Advance
calculated above.
Complete estimated expenses chart and Explanation of Circumstances below. Attach additional
pages if needed.
31
ESTIMATED EXPENSES
BUDGET CATEGORY
2404-2005 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
32
Attachment D
Warranties and Representations
Financial Management
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities. These
records shall contain information pertaining to grant awards, authorizations, obligations,
unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
Competition._
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The 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 offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,
price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the
bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids
or offers may be rejected when it is in the Recipient's interest to do so.
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.
33
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 8am to 4pm. Monday through Friday.
Licensing and Permitting
All subcontractors or employees Fired by the Recipient shall have all current licenses and permits
required for all of the particular work forwhich they are hired by the Recipient.
34
Attachment E
Certification Regardin
Debarment, 8uspensioM It�ligrbiility
1 `si
L�rtd: Volunfa� " Excl�u on.
F j
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By:
Sig re {�
�� Xf A J✓Je��r�}�c
Name and Title
�fioo Vjk E le keGJ
Street Address
City, ate, Zip
lam- I C)
r
ATTE DAN MUACS CLERK
Recipient's Name
DCA Contract Number
35
Attachment iF
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A 87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for
fair and equitable treatment of persons displaced as a result of Federal and federally -
assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of
employees of a State or local unit of government whose principal employment is in
connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,
et seq. )
3. It will comply with the minimum wage and maximum hours provisions of the Federal
Fair Labor Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a
purpose that is or gives the appearance of being motivated by a desire for private gain
for themselves or others, particularly those with whom they have family, business, or
other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine all records, books, papers, or
documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency
concerning special requirements of law, program requirements, and other administrative
requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the project are not listed on the Environmental
Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal
grantor agency of the receipt of any communication from the Director of the EPA Office
of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved
36
December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase
of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes
for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase
"Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct
or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the
National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order
11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1
et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of
Investigations, as necessary, to identify properties listed in or eligible for inclusion in the
National Register of Historic Places that are subject to adverse effects (see 36 CFR
Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of
any such properties and by (b) complying with all requirements established by the
Federal grantor agency to avoid or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with
the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims
of Crime Act, as appropriate; the provisions of the current edition of the Office of
Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other
applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative
agreements including Part 18, Administrative Review Procedure; Part 20, Criminal
Justice Information Systems; Part 22, Confidentiality of Identifiable Research and
Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part
30, Intergovernmental Review of Department of Justice Programs and Activities, Part
42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain
Management and Wetland Protection Procedures; and Federal laws or regulations
applicable to Federal Assistance Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination
requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended,
42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act
of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended;
Subtitle A, Title 11 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.
�l
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.
38