06-08-04 Item 10CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
REQUEST
Date: June 18, 2004
South Miami
All- America City
2001
Subject: Agenda Item # 10
Comm. Mtg. 06/08/04
Authorization to accept the Emergency
Preparedness Grant FY 2003/04
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA; RELATING TO THE ACCEPTANCE OF
AN EMERGENCY PREPAREDNESS GRANT FROM THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FY 2003/04 OF $45,259;
AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE
CONTRACTS AND DOCUMENTS; TO SET UP A SPECIAL REIMBURSABLE
ACCOUNT # 615- 000 - 115 -3043, "FEDERAL FORFEITURE FUND —
MISCELLEANEOUS RECEIVABLE "; AND PROVIDING FOR AN EFFECTIVE
DATE..
BACKGROUND AND ANALYSIS
Through a competitive process, the Police Department has applied for and received approval for
a grant from the Florida Department of Community Affairs FY 2003/04 for a Reverse 911
System. The installation of a Reverse 911 System is essential in improving two key areas:
overall emergency personnel response during catastrophic events, and enhancing communication
with the citizens of South Miami and its surrounding areas.
The Reverse 911 System is a computerized system which is connected to a phone line. When an
emergency arises, the system operator - using a pre- defined database and GIS mapping - can
initiate a call session reaching all residents and businesses in the affected area(s).
Simultaneously, it can notify essential personnel wherever they are. It supplies detailed
information and instructions to the target group.
The special reimbursable account within the Federal Forfeiture Fund will be used as a pass
through. When a bill is received from the vendor for services /work performed, the Police
Department submits the invoice and payment is made to the City of South Miami who then pays
the vendor.
RECOMMENDATION
Your approval is recommended.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF AN
EMERGENCY PREPAREDNESS GRANT FROM THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS FY 2003/04 OF $45,259;
AUTHORIZING THE CITY MANAGER TO EXECUTE APPLICABLE
CONTRACTS AND DOCUMENTS; TO SET UP A SPECIAL REIMBURSABLE
ACCOUNT #615- 000 - 115 -3043, "FEDERAL FORFEITURE FUND -
MISCELLANEOUS RECEIVABLE "; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami Police Department has applied for and has received
approval, through a competitive process, for a grant from the Florida Department of Community Affairs
FY 2003/04 for a Reverse 911 System; and
WHEREAS, the Police Department wishes to improve the overall response during emergencies
and/or catastrophic events; and
WHEREAS, the installation of a Reverse 911 System will enhance personnel response and
communication with the citizens of South Miami and its surrounding areas.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT;
Section 1. The City Manager is authorized to execute applicable
contracts and documents for the Emergency Preparedness Grant FY 2003/04 from the Florida
Department of Community Affairs.
Section 2. The City Manager is authorized to direct the Finance Director to set up a
reimbursable account from the Federal Forfeiture Fund.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 52004.
ATTEST:
CITY CLERK
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
Contract Number: 04CG- 2J- 11 -23 -02 -339
CFDA Number: 97.042
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 the City of South Miami, (hereinafter referred to as the "Recipient ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
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 federal
government 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) BUDGET AND SCOPE OF WORK
The Recipient shall fully perform the obligations in accordance with the Budget,
Attachment A and Scope of Work, Attachment B 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 C.
(3) PERIOD OF AGREEMENT
This Agreement shall begin April 2, 2004 and shall end September 30, 2004
unless terminated earlier in accordance with the provisions of paragraph (9) of this
Agreement. Final requests for reimbursement shall be submitted no later than
thirty (30) days after the termination date of the Agreement. Any requests
received after October 15, 2004 may, in the discretion of the Department, not be
reimbursed from this Agreement. Reimbursement requests shall not be submitted
by facsimile transmission.
(4) MODIFICATION OF CONTRACT; REPAYMENTS
(a) Any extension of this Agreement will be reviewed on a case -by -case basis.
No extension will be considered unless Recipient is in compliance with the
terms and conditions of this Agreement, or Recipient provides credible
evidence that the extension is needed to complete the Scope of Work due
to circumstances beyond its control. 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.
(b) Changes to the amount of funding to be provided may be accomplished by
notice from the Department to the Recipient, in the form of certified mail,
return receipt requested. The Department may make an award of
additional funds by subsequent Award Letter certified mail, return receipt
requested, to the Recipient's contact identified in Paragraph (10), below.
Should the Recipient determine it does not wish to accept the award of
additional funds, then the Recipient shall provide notice to the Department
contact within thirty (30) days of receipt of the Award Letter. Otherwise,
the Recipient shall provide to the Department its written notice of
acceptance within forty -five (45) days of receipt of the Award Letter. The
terms of this Agreement shall be considered to have been modified to
include the additional funds upon the Department's receipt of the written
notice of acceptance and receipt of a budget form which details the
proposed expenditure of the additional funds. The budget form will be
provided by the Department when the offer of additional funds is made.
(c) 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 323 99-2 100
In accordance with Section 215.34(2), Florida Statutes, 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.
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(5)
RECORDKEEPING
(a) The Recipient shall retain sufficient records demonstrating its compliance
with the terms of this Agreement for a period of five years from the date
the audit report is issued, and shall allow the Department or its designee,
Comptroller, 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, Comptroller, 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.
(3) Records relating to real property acquisition shall be retained for
five years after closing of title.
(b) All records, including supporting documentation of all program costs, shall
be sufficient to determine compliance with the requirements and objectives
of the Budget, Attachment A and Scope of Work, Attachment B, and all
other applicable laws and regulations.
(c) 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.
REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly
Financial History (Form 1) and quarterly Status (Form 2) Reports, and a
final Close Out (Form 5) Report.
(b) Quarterly Financial History (Form 1) and quarterly Status (Form 2)
Reports are due to the Department no later than fifteen (15) days after the
end of each quarter of the program year and shall continue to be submitted
each quarter until submission of the Close Out Report (Form 5). The
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(7)
ending dates for each quarter of the program fiscal year are September 30,
December 31, March 31 and June 30.
(c) Reimbursement Request (Form 3) and Detail of Claims (Form 4a -f) are to
be filed simultaneously, as needed.
(d) The Close Out (Form 5) Report is due forty -five (45) days after
termination of this Agreement or upon completion of the activities
contained in this Agreement.
(e) 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 (9). The
Department may terminate the Agreement with a Recipient if reports are
not received within fifteen (15) days after the specified due date and with
thirty (30) days prior written notice by the Department. "Acceptable to the
Department" means that the work product was completed in accordance
with generally accepted principles and is consistent with the Budget,
Attachment A and Scope of Work, Attachment B.
(f) Upon reasonable notice, the Recipient shall provide such additional
reports, program updates or information as may be required by the
Department.
MONITORING
The Recipient shall constantly monitor its performance under this Agreement to
ensure that time schedules are being met, the Budget and the Scope of Work,
Attachment A, is being accomplished within the specified time periods, and other
performance goals are being achieved. Such review shall be made for each
function or activity set forth in Attachment A to this Agreement, and shall be
reported in accordance with the reporting requirements of Section (6). 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.
In addition to reviews of audits conducted in accordance with OMB Circular A-
133, as revised and Section 215.97, Florida Statutes, (see "AUDIT
REQUIREMENTS" below), 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 any 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
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Department will monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks.
(8) LIABILITY
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be
solely responsible to parties with whom it shall deal in carrying out the
terms of this Agreement, and shall save 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, Florida Statutes, agrees to be fully responsible to the extent
provided by Section 768.28, Florida Statutes, 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.
(9) NONCOMPLIANCE; DEFAULT; REMEDIES; TERMINATION
(a) If the Recipient fails to comply with any term applicable to this
Agreement, the Department may take one or more of the following
actions, as indicated by the attendant circumstances:
(1) temporarily withhold cash payments, pending correction of the
deficiency, or withhold the final ten (10) percent of the grant
award until the final work product is completed, submitted and
determined to be acceptable by the Department;
(2) disallow all or part of the cost of the activity or action not in
compliance;
(3) suspend or terminate the award;
(4) disallow future participation in the program or funding provided
under this rule chapter;
(5) recover all funds provided under the current award.
(b) 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 Governor's Office of Policy and Budget, or if any of the following
events occur ( "Events of Default "), 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 herein, 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:
(1) 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 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;
(2) if any material adverse change shall occur in the financial
condition of the Recipient at any time during the term of this
Agreement from the financial condition revealed in any reports
filed or to be filed with the Department, 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;
(3) if any reports required by this Agreement have not been submitted
to the Department or have been submitted with incorrect,
incomplete or insufficient information;
(4) if the Recipient has failed to perform and complete in timely
fashion any of the services required under the Budget, Attachment
A and Scope of Work attached hereto as Attachment B.
(c) 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 timely cure, exercise any
one or more of the following remedies, either concurrently or
consecutively, and the pursuit of any one of the following remedies shall
not preclude the Department from pursuing any other remedies contained
herein or otherwise provided at law or in equity:
(1) terminate this Agreement, provided that the Recipient is given at
least thirty (30) days prior written notice of such termination. The
notice shall be effective when placed in the United States mail,
first class mail, postage prepaid, by registered or certified mail -
return receipt requested, to the address set forth in paragraph (10)
herein;
(2) commence an appropriate legal or equitable action to enforce
performance of this Agreement;
(3) withhold or suspend payment of all or any part of a request for
payment;
(4) exercise any corrective or remedial actions, to include but not be
limited to', requesting additional information from the Recipient to
determine the reasons for or the extent of non - compliance or lack
of performance, issuing a written warning to advise that more
serious measures may be taken if the situation is not corrected,
advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the
Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible;
(5) exercise any other rights or remedies which may be otherwise
available under law.
(d) 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 disclosure under
Chapter 119, Florida Statutes, as amended.
(e) Suspension or termination constitutes final agency action under Chapter
120, Florida Statutes, as amended. Notification of suspension or
termination shall include notice of administrative hearing rights and time
frames.
(f) In addition to any other remedies, the Recipient shall return to the
Department any funds which were used for ineligible purposes under the
program laws, rules, and regulations governing the use of the funds under
the program.
(g) This Agreement may be terminated by the written mutual consent of the
parties.
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(h) 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.
(10) 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 program manager for this
Agreement is:
Ms. Paula Churchwell, Manager
Grants Unit
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 323 99 -2 100
Telephone: (850) 413 -9894
Fax: (850) 488 -7842
Email: Paula. Churchwellpdca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible
for the administration of this Agreement is:
Brian Edney MIS Special
6130 Sunset Drive
South Miami, FL 33143
Telephone: (305) 663 -6384
Fax: (305) 668 -2491
Email: bedneyg6tyofsouthmiami.net
(d) In the event that different representatives or addresses are designated by
either party after execution of this Agreement, notice of the name, title,
address and telephone number of the new representative will be rendered
as provided in (10)(a) above.
(11) OTHER PROVISIONS
(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.
(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 null and void to the extent of such conflict, and shall be deemed
severable, but shall not invalidate any other provision of this Agreement.
(c) 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.
Any power of approval or disapproval granted to the Department under
the terms of this Agreement shall survive the terms and life of this
Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, 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 seg.), 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
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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
thirty-six (36) months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
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.
The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of
Supplier Diversity at (850) 487 -0915.
(g) With respect to any Recipient which is not a local government or state
agency, and which receives funds under this Agreement from the federal
government, by signing this Agreement, the Recipient certifies, to the best of its
knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal
department or agency;
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 11(g)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.
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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 F) 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.
(12) 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 anon- profit organization as
defined in OMB Circular A -133, as revised, and in the event that the Recipient
expends $500,000 or more in Federal awards in its fiscal year, the Recipient must
have a single or program- specific audit conducted in accordance with the
provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement
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 Paragraph 12 (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
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$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 directl 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 32399 -2100
and
Department of Community Affairs
(program office)
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised
(the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-
133, as revised, should be submitted to the Federal Audit Clearinghouse), at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'x' Street
Jeffersonville, IN 47132
Other Federal agencies and pass - through entities in accordance with Sections 320
(e) and (f), OMB Circular A -133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient
shall submit a copy of the reporting package described in Section .320 (c), OMB
Circular A -133, as revised, and any management letter issued by the auditor, to
the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
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and
Department of Community Affairs
(program office)
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(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) The Recipient shall retain sufficient records demonstrating its compliance with
the terms of this agreement for a period of five years from the date the audit report
is issued, and shall allow the Department, or its designee, the 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, the 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.
0) 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.
(k) The Recipient shall retain all financial records, supporting documents,
statistical records, and any other documents pertinent to this contract for a period
of five years after the date of submission of the final expenditures report.
However, if litigation or an audit has been initiated prior to the expiration of the
five -year period, the records shall be retained until the litigation or audit findings
have been resolved.
(1) The Recipient shall have all audits completed by an independent certified
public accountant (IPA) who shall either be a certified public accountant or a
13
public accountant licensed under 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.
(13) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement,
a copy of the executed subcontract must be forwarded to the Department within
thirty (30) days after execution of the subcontract. The Recipient agrees to include
in the subcontract that (i) the subcontractor is bound by all applicable state and
federal laws and regulations, and (ii) 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.
(14) TERMS AND CONDITIONS
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) 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
Attachment B, Scope of Work
Attachment C, Program Statutes and Regulations
Attachment D, Grantee's Advance Justification
Attachment E, Statement of Assurances
Attachment F, Contractual Forms Packet
14
(16) 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 $45,269.00 subject to the availability
of funds.
(b) Any advance payment under this Agreement is subject to s. 216.181(16),
Florida Statutes. The amount which may be advanced may not exceed the
expected cash needs of the Recipient within the first three (3) months of
the contract term. For a federally funded contract, any advance payment is
also subject to federal 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 D.
Attachment D will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these
funds.
1. X 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, Attachment A and Scope of Work,
Attachment B of this Agreement.
(17) STANDARD CONDITIONS
The Recipient agrees to be bound by the following standard conditions:
(a) 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, Florida
Statutes or the Florida Constitution.
(b) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre -audit and post -audit thereof
(c) If otherwise allowed under this Agreement, all bills for any travel expenses
shall be submitted in accordance with Section 112.061, Florida Statutes.
(d) The Department of Community Affairs reserves.the right to unilaterally
cancel this Agreement for refusal by the Recipient to allow public access to
15
all documents, papers, letters or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the Recipient in
conjunction with this Agreement.
(e) 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.
(f) The State of Florida will not intentionally award publicly - funded contracts
to any contractor who knowingly employs unauthorized alien workers,
constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act ("INA")]. The 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.
(18) STATE 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, 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.
16
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 representative 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.
(19) EQUIPMENT AND PROPERTY MANAGEMENT
If the Budget, Attachment A and Scope of Work, Attachment B, contemplates the
acquisition of equipment, the Recipient agrees to use said equipment for
emergency management purposes only, and to properly maintain and repair said
equipment. Recipient shall establish adequate maintenance procedures to keep the
equipment in proper working condition. Recipient shall establish a control system
to insure adequate safeguards to prevent loss, damage or theft of the equipment.
Recipient shall promptly advise the Department of any loss, damage or theft
affecting said equipment. Recipient shall make this equipment available to the
Local Emergency Management Agency established pursuant to Section 252.38,
Florida Statutes, and to the State of Florida, upon request, in the event said
equipment is needed for emergency management purposes. Recipient shall not
sell, lease, rent, encumber or dispose of said equipment without the written
permission of the Department.
(20) 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.
17
(b) If any discovery or invention arises or is developed in the course of or as a
result of work or services performed under this Agreement, or in any way
connected herewith, the Recipient shall refer the discovery or invention to
the Department for a determination whether patent protection will be
sought in the name of the State of Florida. Any and all patent rights
accruing under or in connection with the performance of this Agreement
are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copy rightable materials 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 occur during performance of the Agreement.
(2 1) PUBLICATIONS AND PUBLICITY
The Recipient shall, in publicizing, advertising, or describing the project, state:
"Sponsored by the State of Florida, Division of Emergency Management." If the
project is displayed or referenced in written material, the words, "State of Florida,
Division of Emergency Management ", shall appear in the same size letters or type
as the name of the Recipient.
(22) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment E.
(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) VENDOR PAYMENTS
Pursuant to Section 215.422, Florida Statutes, the Department shall issue
payments to vendors within forty (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 forty (40) days shall result in the Department paying interest at a
rate as established pursuant to Section 55.03 (1), Florida Statutes. The interest
penalty shall be paid within fifteen (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.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
RECIPIENT: TIME CITY OF SOUTH MIAMI
BY:
NAME AND TITLE: Maria Davis, City Manager
DATE:
FEID# 59- 6000431
STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS
BY:
NAME AND TITLE: Craig Fugate Division Director
DATE:
EXHIBIT I
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program :
Federal Emergency Management Agency
04 EMPG - CFDA — 97.042
$30,811
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows:
1) This agreement is for the purpose of receiving funding for the purchase of eligible emergency
management equipment.
2) Funds will be used to further state and local comprehensive emergency management plans including, but
not limited to, preparedness, response, recovery and hazard mitigation activities.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES: N/A
NOTE: If the resources awarded to the recipient represent more than one State protect, provide the same
information shown below for each State protect and show total state financial assistance awarded that is
subject to Section 2-15.9 7, Florida Statutes.
State Project (list. State awarding agency, Catalog of State Financial Assistance title and number) -
$ (amount)
N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal
resources. For matching resources provided by the Department of AABC@ for Federal programs, the
requirements might be similar to the requirements for the applicable Federal programs. Also, to the extent
that different requirements pertain to different amounts of the non- Federal resources, there may be more
than one grouping (i.e., 1, 2, 3, etc.) listed under this category.
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
EXPENDITURE CATEGORIES
Cash
In -Kind
Total
EMPA
Match
Services
Grantee
Award
:C+:D=E]
Match
Cost
A
B
A +B =C
D
1. SALARY AND BENEFITS
49,158.00
49,158.00
2. OTHER PERSONAL / CONTRACTUAL
SERVICES
3. ADMINISTRATIVE EXPENSES
614.00
614.00
4. EXPENSES
A. Office Supplies: Backup Tapes, paper,
900.00
900.00
postage, printer ink, copies.
B. Community Advertising
700.00
700.00
5. OPERATING CAPITAL OUTLAY
A. Reverse 911 basic system
17,350.00
17,350.00
B. Options: Guardian Calling, Mobilization
6,900.00
6,900.00
C. Hardware
4,950.00
4950.00
D. Software, Hardware, Database,
13,855.00
13855.00
Maintenance
6. FIXED CAPITAL OUTLAY
TOTAL EXPENDITURES
0
49,158.00
49,158.00
45,269.00
94,427.00
PERCENTAGES
0
53%
53%
47%
100%
Narrative Explanation and Justification of Line Items:
1. Salaries and Benefits: $49,158.00 Grant Funds
This is the Police Department computer services person that will be coordinating
all stages of the project implementation. This will act as the In Kind Match
funding.
2. Other Personal/Contractual Services:
None Needed
3. Administrative Expenses: $614.00 Grant funds
One city employee will be used to administer the grant and supply reports to the
state on a quarterly basis. Grant Administrator is at a rate of $25.67 per hour for 24 hours
covering the cycle of the grant.
4. Expenses: $1,600.00 Grant funds
A. Office supplies related operating new equipment as a result of the project, ink
cartridges for printer backup tape for the server and paper and postage for
notifying the community about the project.
B. Informing the citizens of the community by advertising the Reverse 911
features.
5. Operating Capital Outlay: $43,055.00
This expense is the total cost of software, hardware, and maintenance need to complete
the project. Reverse 911 Notification System includes the minimum hardware
requirements. Server with Pentium 4 2.6 GHZ processor, 512 MB of RAM, 40 GB Hard
Drive, Removable 20 GB tape drive, 10 /100 network card, CD -ROM, 56k modem, 17"
High resolution monitor, UPS backup battery, system telephone, Windows 2003, color
printer. Desktop computer minimum hardware requirements include Pentium 4 2.6 GHz
processor, 256 MB of RAM, 40 GB hard drive, 10 /100 network card, CD -ROM, and 17"
high resolution monitor. Guardian Calling option, calls user defined individuals or
businesses to check on that individual or receives a response. Emergency Response
personnel can be notified by phone, digital pagers, or a voice mail box. Mobilization
feature can request mobilization of different agencies to an incident and also use the
community information line. Citizens can be informed of event, traffic conditions and
emergencies.
6. Fixed Capital Outlay
None Needed.
Attachment B
Scope of Work
If the Recipient succeeds in acquiring products or services for less than the budgeted amount,
then it must notify the Department and request authorization to apply the unexpended funds to
the project, identifying the proposed use for the unexpended funds. If the unexpended funds can
be applied to enhance the project through acquisition of additional equipment or services that
will provide the same benefit as the approved project, then the Department may approve the use
of the unexpended funds.
The Recipient shall purchase the equipment and associated software as listed in the grant
application proposed budget. The purchasing process shall be in accordance with County, State
and, if applicable, Federal purchasing requirements, rules and regulations.
All wiring, cabling and interfacing of equipment to be purchased under the grant to other
equipment, whether purchased under the grant or existing, will be in compliance with applicable
building codes and good engineering practice.
All connections to the public switched telephone network will be done after consultation with the
local telephone service provider and in accordance with their requirements.
Contractors performing work in accordance with the grant application will be properly licensed,
bonded, certified and permitted in accordance with Federal, State, County and/or local
requirement and all work performed will be done in a professional, workmanlike manner.
All electrical and electronic equipment purchased using grant funds will be Underwriters
Laboratory approved.
The Recipient will provide to the Division of Emergency Management the following, prior to or
with the final progress report:
1) Standard Operating Procedures for the operation of the equipment and services
obtained under the terms of this grant including but not limited to extent of use,
responsible parties and procedures for operating and using the system during routine and
disaster conditions;
2) A training schedule for the operators of the equipment and system.
3) A list of the equipment purchased, showing installed location, manufacturer and model
and serial numbers.
4) A diagram of the finished system, showing the "as- built" configuration.
22
5) The results of all tests and acceptance trials of the equipment, a copy of the syllabus
used for the training and the attendance list(s), by name and title, of the applicant's staff
or employees attending the training.
A comprehensive test of the system will be held prior to the submission of the final progress
report and request for payment. The test will include exercising the system to its capacity,
testing the procedures and instructions for operation, defining the areas of coverage and the
preparation of a test result, which shall be included in the final progress report.
23
Attachment C
Program Statutes and Regulations
1. Chapter 252, Florida Statutes
2. Chapter 287, Florida Statutes
3. Chapter 119, Florida Statutes
4. Chapter 60A -1, Florida Administrative Code
5. Chapter 215.97, Florida Statutes (Audit Requirements)
6. Chapter 215.34(2), Florida Statutes
7. Chapters 10.550 (local government entities) or 10.650 (non - profit organizations),
Rules of the Auditor General
8. OMB Circular A -133 (if applicable)
9. Section 112.061, Florida Statutes
10. 8 U.S.C., Section 1324a(e) [Section 27A(e) of the Immigration
and Nationality Act ( "INA ")
11. Section 768.28, Florida Statutes
12. Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seq.)
13. OMB Circulars A -87 and A -102
14. Chapter 216.181(16), Florida Statutes
15. 48 Code of Federal Regulations, Part 31, if applicable
24
Attachment D
Grantee's Advance Justification
25
Attachment E
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:
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 provisions 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 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.
26
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 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.
11. 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.
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 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.
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; Subtitle A, Title H 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.
14. 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.
15. It will provide an Equal Employment Opportunity Program if required to maintain one,
where the application is for $500,000 or more.
27
16. 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.
17. 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
28
Attachment F
Forms Packet
(To be mailed with fully executed copy of Agreement)
29