05-15-07 Item 4South Miami
CITY OF SOUTH MIAMI 1 Medeac i
INTER - OFFICE MEMORANDUM I I®
2001
To: Honorable Mayor Feliu, and Members of the City Commission
Via: Yvonne S. McKinley, City Manager T14-11
From: Cesar Garcia, Director
Parks & Recreation Department
Date: May 15, 2007 Agenda Item No.
Subject: Authorizing City Manager to Execute an Agreement with
Cal Ripken, Sr. Foundation
RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH CAL RIPKEN, SR. FOUNDATION,
INC., BY ACCEPTING BASEBALL /SOFTBALL EQUIPMENT VALUED IN
THE AMOUNT OF $2,855.00 THROUGH THIS AWARDED GRANT;
PROVIDING FOR AN EFFECTIVE DATE.
Request: Authorizing the City Manager to execute an agreement with Cal Ripken, Sr.
Foundation, to provide baseball /softball equipment to the Parks & Recreation
Department and in -turn give the equipment to the South Miami Youth
Baseball League.
Reason/Need: The City of South Miami has been awarded a grant in the amount of $2,855.00
through the Cal Ripken, Sr. Foundation, Inc., for baseball /softball equipment
valued at $2,855.00 to be given to the South Miami Youth Baseball League.
The use of the above mentioned equipment would be used by all participants who
are enrolled through the South Miami Youth Baseball League.
Cost:
The attached resolution would allow the City Manager to execute an agreement
with Cal Ripken, Sr. Foundation to provide equipment to the South Miami
Youth Baseball League.
None
Funding Source: Funding is through the Cal Ripken, Sr. Foundation, Inc.
Backup Documentation: 0 Proposed Resolution
0 Copy of the Memorandum of Agreement
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RESOLUTION NO.:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH CAL RIPKEN, SR. FOUNDATION, INC., VALUED IN THE
AMOUNT OF AND NOT TO EXCEED $2,855.00, BY ACCEPTING THE
ALLOCATION OF BASEBALL /SOFTBALL EQUIPMENT TO BE GIVEN TO
THE PARKS & RECREATION DEPARTMENT IN -TURN TO BE AWARDED TO
THE SOUTH MIAMI YOUTH BASEBALL LEAGUE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami has received a grant from the Cal Ripken, Sr. Foundation
Inc., for the purpose of the Cal Ripken, Sr. Foundation Inc., providing equipment to the South Miami
Youth Baseball League; and
WHEREAS, Cal Ripken, Sr. Foundation, Inc., has approved this award through the Juvenile
Justice and Delinquency Prevention Congressional Earmark Program; and
WHEREAS, acceptance of this award would provide the following for the South Miami Youth
Baseball League:
6 - Baseballs (dozen)
2 - Catchers Equipment w /Glove
6 - Bats
1 L- Screen
24 — Batting Helmets
and;
WHEREAS, the City would receive this award (equipment) and in -turn donate the equipment to
the South Miami Youth Baseball League for the equipment to be used by every youth that participates in
the program; and
WHEREAS, Over 60% of youth that participate in the league's sports program are City of South
Miami residents.
NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,, FLORIDA THAT:
Section 1: That the City Manager is authorized to execute an agreement with Cal Ripken, Sr.,
Foundation Inc., to accept baseball /softball equipment and to in -turn donate the equipment to the South
Miami Youth Baseball League.
Section 2: That the allocated value of the equipment would be $2,855.00 as stipulated through
the agreement covering such items as:
6 - Baseballs (dozen)
2 - Catchers Equipment w /Glove
6 - Bats
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1 - L- Screen
24 — Batting Helmets
Section 3: This resolution shall take effect immediately upon execution.
PASSED AND ADOPTED this day of , 2007.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Commission Vote:
Mayor: Horace Feliu
Vice Mayor Randy Wiscombe
Commissioner: Marie Birts
Commissioner: Jay Beckman
Commissioner: Velma Palmer
A't-
CA
Foy�tlon
March 1, 2007
Mr. Cesar Garcia
Director of Parks & Recreation Department
City of South Miami
6130 Sunset Dr.
South Miami, FL 33143
Subject: Memorandum of Agreement (MOA) under Cooperative Agreement
No. 2004- JL -FX- 0024- S07- PSE -FL02
Dear Mr. Garcia:
I am pleased to inform you that the Cal Ripken, Sr.' Foundation, Inc. (CRSF) has approved your
application for baseball /softball equipment under the C.A.L. Community Baseball /Softball
Program grants. In accordance with the subject Cooperative Agreement between CRSF under
the Juvenile Justice and Delinquency Prevention Congressional Earmark Programs (hereinafter
referred to as "Grantor ") and the City of South Miami (hereinafter referred to as the
"Subgrantee "), baseball/softball equipment is awarded to provide support for your organization's
athletic program as described in the body of this memorandum letter G., entitled "Program
Description". The subject MOA will be administered by CRSF in compliance with federal
regulations set forth by the U.S. Department of Justice, Office of Juvenile Justice and
Delinquency Prevention (OJJDP).
This MOA is effective and obligation is made as of September 1, 2006 and shall apply to
commitments made by the MOA in furtherance of program objectives during the period
beginning with the effective date and ending August 31, 2007, unless otherwise notified. The
Grantor shall not be liable for providing any additional equipment in excess of the obligated or
awarded amount.
This MOA is made to the Subgrantee on the condition that the donated equipment will be used in
accordance with the terms, conditions and reporting requirements as set forth under Attachment
1, entitled "Body of the MOA" and in Attachment 2, entitled "Special Conditions ".
Should the Subgrantee not adhere to the terms and conditions as outlined in the MOA, the
Subgrantee will be in violation of the terms of this agreement and the award will be subject to
termination for cause or other administrative action as appropriate.
Please sign the two copies of the Award Authorization Forms and Assurances & Certification
Page [Attachment 3] to acknowledge your receipt of the MOA and your agreement with all
terms, conditions and reporting requirements of the award. Return the CRSF copy to the Grants
Administrator:
Grants Administrator
Cal Ripken, Sr. Foundation, Inc.
1427 Clarkview Road, Suite 100
Baltimore, Maryland 21209
Upon receipt of the singed and dated Award Authorization Form, CRSF will release your
equipment for shipment.
If you have questions regarding this award, please contact Lynn A. Bopp, Director of Grants and
Programs at 410- 823 -0808 or lynn(cr,ripkenfoundation.or
Congratulations!
Sincerely,
4W
Lynn A. Bopp
Director of Grants and Programs
Cal Ripken, Sr. Foundation
Attachments/Enclosures:
1. Body of the MOA
2. Special Conditions
3. 2 Copies- Award Authorization Forms- Signatory Page- (One copy to be signed and
submitted to CRSF to receive your award)
4. Final Program Progress Report Form -(Due July 15, 2007)
Exhibit A- Assurances
Exhibit B- Certifications
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ATTACHMENT 1:
Body of the Memorandum of Agreement (MOA)
ATTACHMENT 1: BODY of MEMORANDUM of AGREEMENT (MOA)
A. Purpose of MOA
The purpose of this MOA is to provide support for the program described in this agreement.
B. Period of MOA
The effective date of this MOA is September 1, 2006. The estimated completion date of this
Subagreement is August 31, 2007, unless otherwise notified.
C. Amount of Award and Disbursement
1. The total estimated value (baseball /softball equipment; Quickball equipment) of this
Award for the period shown in Section B above is $2,855.
1. Grantor hereby obligates the following equipment allocation valued at an estimated
$2,855 for programs during the period set forth in Section B.
3. Equipment shall be shipped to the Subgrantee by the Grantor and its vendors to the
address indicated in the grant application received by the Grantor for the following items:
BASEBALL EQUIPMENT BEING PROVIDED: Please Note:
6 Baseballs (dozen)
2 Catchers Equipment w /Glove
6 Bats
1 L- Screen
UNISEX EQUIPMENT BEING PROVIDED:
24 Batting Helmets
3. Subgrantee agrees to return the signed Award Authorization Form [Attachment 4] to:
Grants Administrator
Cal Ripken, Sr. Foundation
1427 Clarkview Road, Suite 100
Baltimore, Maryland 21209
(Subgrantee agrees to keep the original copy of the MOA and one (1) copy of the signed Award
Authorization Form on file at a selected location on site.)
D. Budget (Not applicable)
E. Timeline for Deliverables (See reporting requirements)
F. Reporting Requirements
The following report is required to be submitted as indicated below. The form to submit
the report is included in this packet in Attachment 3. The report should be sent to:
Grants Administrator
Cal Ripken, Sr. Foundation
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1427 Clarkview Road, Suite 100
Baltimore, Maryland 21209
1. Final Project Progress Report: A final progress report is due to the Cal Ripken Sr.
Foundation and should be sent at the end of the project period. Please see Attachment 4 for
final progress report form.
• Reporting Period: Jan 1— June 30 Due Date: July 15
G. Key Personnel
The following positions and individuals have been designated as key to the successful
completion of the objective(s) of this subaward.
Lorenzo Woodley
Supervisor
5800 SW 66 St.
South Miami, FL 33143
Office: (305) 668 -7362
Stuart J. McGregor
JAM Sports, LLC
100 Andalusia Ave., Suite 405
Coral Gables, FL 33134
Office: (305) 665 -9572
H. Program Description
The equipment provided by this award will increase the SMYBL scholarship program targeting
children living in the city's CRA. The equipment will enable the City to offer an alternative CRA
neighborhood field to be utilized for practices. Approximately 400 youth will benefit, 80% of
which are eligible for free /reduced lunch.
ATTACHMENT 2:
Special Conditions
ATTACHMENT 2: SPECIAL CONDITIONS
1. Administrative Requirements: The Subgrantee agrees to comply with financial and
administrative requirements set forth in the OMB Circular A -102 — Common Rule -
"Grants & Cooperative Agreements with State & Local Governments." (codified at 28
CFR Part 33).
2. The Subgrantee agrees that it cannot use federal funds, either directly of indirectly, in
support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of CRSF
and OJP.
3. Any deviation from the timeline provided in the application or revised usage of
equipment provided must receive prior approval from CRSF.
4. The Subgrantee agrees to submit a final report at the end of this subaward documenting
relevant project activities during the project period under this MOA. The report will
include the following information about the equipment provided, including, but not
limited to, information on which schools received equipment allocations and how many
youth benefited from the equipment provided. The final report is due 15 days following
the close of this subaward period or on July 15, 2007. Recipients shall submit an original
and one copy of the report.
5. Subgrantee agrees to comply with government -wide common rules regarding
"Government -wide Requirements for Drug -free Workplace (Grants)" (codified at 28
CFR Part 67) and "New Restrictions on Lobbying" (codified at 28 CFR Part 69).
6. The Subgrantee agrees to prominently display the CRSF logo on the cover page (or other
location as agreed to by the CRSF Director of Grants and Programs) of all related printed
publications and informational brochures or e- publications related to the program
supported by the award. Said publications will also include the statement "this project or
this program is funded in part by a grant from the Cal Ripken, Sr. Foundation under
assistance from the Department of Justice, Office of Juvenile Justice and Delinquency
Prevention (OJJDP), Grant Number 2004- JL -FX- 0024 ".
7. CRSF may suspend or terminate eligibility for future awards, for the Subgrantee's failure
to comply with these special conditions or with the projects goals, plans and methodology
set forth in the approved application.
For additional information on grants management and to obtain copies of current circulars and
common rules, please visit the OMB website at www.whitehouse.gov /OMB /grants /index.html.
This grant project is approved subject to such conditions of limitation set forth above or on
attached pages.
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ATTACHMENT 3:
Award Authorization Forms- Signatory Page
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Sian & Submit
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AWARD AUTHORIZATION FORM- SIGNATORY PAGE
By signing this form you are authorizing your organization has officially accepted the Equipment Award and the
Special Conditions [Attachment 2 of the MOA] and Reporting Requirements [Attachment 3 of the MOA] that
apply. Equipment will be shipped, after receipt of this signed and dated form & your initialed Assurances &
Certifications [Page 111, according to the shipping information on your original application.
Attn: Grants Administrator
Cal Ripken, Sr. Foundation
1427 Clarkview Rd.; Suite 100
Baltimore, MD 21209
No copies, faxes or emails will be
APPROVED BY:
Cal Ripken, Sr. Foundation
By:
�fw -
[Signature of Approving CRSF Official]
Date: 3.1.2007
Name:
Lynn A. Bopp, Director of Grants & Programs
ACCEPTED BY:
City of South Miami
By:
[Signature of Authorized Sub grantee Official]
Date:
Name:
Yvonne S. McKinley
Title:
City Manager
Subgrantee
Address:
(No PO Box #'s)
6130 Sunset Dr.
South Miami, FL 33143
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AWARD NUMBER:
2004- JL -FX- 0024- S07- PSE -FL02
Catalog of Federal Domestic Assistance (CFDA) No.:
16.541
Sub grantee Federal EIN No.:
59- 6000431
Project/Budget Period:
September 1, 2006- August 31, 2007
Retail Value of Award:
$2,855
Method of Payment:
Shipping UPS Ground
Attn: Grants Administrator
Cal Ripken, Sr. Foundation
1427 Clarkview Rd.; Suite 100
Baltimore, MD 21209
No copies, faxes or emails will be
BUDJET CODE:
Initial:
Date Received:
Date Sent to Storage:
Date Sent to Sub grantee:
Attn: Grants Administrator
Cal Ripken, Sr. Foundation
1427 Clarkview Rd.; Suite 100
Baltimore, MD 21209
No copies, faxes or emails will be
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KEN ch
,AL RI
fb lit tion
AWARD AUTHORIZATION FORM
By signing this form you are authorizing your organization has officially accepted the Field Refurbishment
Award and the Special Conditions [Attachment 2 of the MOA] and Reporting Requirements [Attachment 3
of the MOA] that apply. Award Checks will be sent to the Authorizing Official at the Subgrantee Address
below.
APPROVED BY: Cal Ripken, Sr. Foundation
By: Date: 3.1.2007
[Signature of Approving CRSF Official]
Name: Lynn A. Bopp, Director of Grants & Programs
ACCEPTED BY: Citv of South Miami
By: [Signature of Authorized Subgrantee Official] [Date]
Name: Yvonne S. Mckinle
Title: City Manager
Subgrantee
Address: 6130 Sunset Dr.
(No PO Box #'s) South Miami, FL 33143
AWARD NUMBER: 2004- JL-FX- 0024- S07- PSE -FL02
Catalog of Federal Domestic Assistance No.: 16.541
Subgrantee Federal EIN No.: 59- 6000431
Project/Budget Period: September 1, 2006- August 31, 2007
Value /Amount of Award: Olt OGG
Method of
Attn: Grants Administrator
Cal Ripken, Sr. Foundation
1427 Clarkview Rd.
Suite 100
Baltimore, MD 21209
410 - 823 -0808
No copies, fazes or emails will be
UPS Ground
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ASSURANCES & CERTIFICATIONS
The Grantor (Cal Ripken, Sr. Foundation) was required to acknowledge its adherence to
the acceptance of the Department of Justice's Assurances (attached hereto as "Exhibit
A ") and Certifications (attached hereto as "Exhibit B ") in connection with its award of a
grant, a portion of the proceeds of which is the source of funds to this subaward.
Prior to receiving funds from the Grantor, the Subgrantee is required to assure and certify
its compliance with all applicable Federal statutes, regulations, policies, guidelines and
requirements agreed to by the Cal Ripken, Sr. Foundation.
The Subgrantee represents and warrants that it has read and understands those assurances
and certifications listed in Exhibits A and B and hereby agrees to comply with said
assurances and certifications.
(Please initial)
Attn: Grants Administrator
Cal Ripken, Sr. Foundation
1427 Clarkview Rd.; Suite 100
Baltimore, NID 21209
No copies, faxes or emails will be
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ATTACHMENT 4: Reporting Form
Program Progress Report Form
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Cal Ripken Sr., Foundation
CATEGORICAL/DISCRETIONARY ASSISTANCE PROGRESS REPORT
DUE: July 15, 2007
The information provided will be used by the grantor agency to monitor grantee cash flow to ensure proper use of Federal funds.
No further monies or other benefits may be paid out under this program unless this report is completed and filed as required by
existing law and regulations (Uniform Administrative Requirements for Grants and Cooperative Agreements -- 28 CFR, Part 66,
Common Rule, and OMB Circular A -110).
1. GRANTEE
2. AGENCY GRANT NUMBER
3. REPORT NO
2004- JL -FX- 0024- S06 -PSE —FL02
4. IMPLEMENTING SUBGRANTEE
5. REPORTING PERIOD (Dates)
(If different that above)
FROM: TO:
6. SHORT TITLE OF PROJECT
7. GRANT TYPE -
Baseball/Softball Equipment
8. TYPE OF REPORT
❑ Regular ❑ Final
9. NAME AND TITLE OF PROJECT DIRECTOR
10. SIGNATURE OF PROJECT DIRECTOR
11. DATE OF
REPORT
12. COMMENCE REPORT HERE (Continue on plain paper)
Please provide the following information:
• Names and addresses of all schools that received baseball/softball equipment from the grant
• Number and grade level of youth that benefited from the equipment provided
• Please describe how the equipment helped your school/school system support, enhance, or expand your
baseball/softball programs.
• Success Stories- (optional)
13. CERTIFICATION BY GRANTEE (Official signature)
14. DATE
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EXHIBIT A -- ASSURANCES
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ASSURANCES
The Applicant 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
governs the application, acceptance and use of Federal funds for this federally- assisted project. Also, the
Applicant assures and certifies that:
1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly
adopted or passed as an official act of the applicant's governing body, authorizing the filing of the
application, including all understandings and assurances contained therein, and directing and authorizing the
person identified as the official representative of the applicant to act in connection with the application and
to provide such additional information may be required.
2. 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.
3. 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.)
4. It will comply with the minimum wage and maximum hours provision of the Federal Fair Labor Standards
Act.
5. 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.
6. 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.
7. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
8. 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.
9. 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 or 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.
10. 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 569a -1 et seq.) by (a) consulting with the Sate Historic
Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible
for inclusion in the National Historic Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and by notifying the Federal grantor agency of the existence of any such
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properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or
mitigate adverse effects upon such properties.
11. It will comply, and assure the compliance of all its sub - grantees 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.
12. 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 Policy Act; Part 63, Floodplain Management and Wetland
Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs.
13. 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; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975;
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
14. In the event a Federal or State court or Federal or Sate 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.
15. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
16. It will comply with the provisions of the Coastal Barrier Resources Act (P.L.97 -348) dated October 19,
1982 (16 USSC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
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EXHIBIT B CERTIFICATIONS
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CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are
required to attest. Applicants should also review the instructions for certification included in the regulations
before completing this form. Signature of this form provides for compliance with certification requirements
under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment
and Suspension (Non- procurement) and Government -wide Requirements for Drug -Free Workplace
(Grants). "The certifications shall be treated as a material representation of fact upon which reliance will be
placed when the Department of Justice determines to award the covered transaction, grant, or cooperative
agreement.
1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69,
for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the
applicant certifies that:
(a) 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 and 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 making of any Federal grant, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement;
(b) 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
grant or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL,
"Disclosure of Lobbying Activities," in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be included in the award documents
for all sub - awards at all tiers (including sub - grants, contracts under grants and cooperative agreements, and
subcontracts) and that all sub - recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (LOWER TIER
RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and Implemented at 28 CFR Part 67, for
prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.335
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by
any federal department or agency;
(b) Have not within a three -year period preceding this application 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 a 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;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offences enumerated in paragraph (1)(b) of this
certification; and
(d) Have not within a three -year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
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B. Where the applicant is unable to certify to any of the. statements in this certification, he or she shall
attach an explanation to this application.
3. 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.
A. The applicant certifies that it will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to inform employees about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment
under the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such a conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph
(d)(2) from an employee or otherwise receiving actual' notice of such conviction. Employers of convicted
employees must provide notice, including position title, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall
include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
(d)(2), with respect to any employee so convicted
(1) Taking appropriate personnel action against an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973; as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for each purpose by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of
paragraphs (a), (b0, (c), (d), (e0, and (f).
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