HomeMy WebLinkAboutScope of WorkB. Scope of Work
Funding is provided to perform eligible activities as identified in the Office for Domestic Preparedness Fiscal Year 2005 Urban Area
Security initiative (UASI) Grant Program, consistent with the Department of Homeland Security State Strategy and the Urban Area
Strategy. Eligible activities are outlined in the Scope of Work for each category below.
I. Categories and Eligible Activities
048. Urban Area Security initiative
FY2005 UASI allowable costs are divided into the following categories: planning, organization, equipment, training
and exercises. In addition, management and administration costs are also allowable, as are certain operational
costs. Each category's allowable costs have been listed In more detail in the "Budget Detail Worksheet" above.
A. Planning
Developing and implementing homeland security support programs and adopting DHS national
initiatives including but not limited to the following:
• Costs associated with implementing and adopting HSPD•8 initiatives
• Costs associated with implementing and adopting NIMS
• Costs associated with modifying existing incident management and EOPs to ensure proper alignment with the
NRP coordinating structures, processes, and
• Establishing or enhancing mutual aid agreements
• Developing communications and interoperability protocols and solutions
• Conducting local, regional, and tribal program implementation meetings
• Developing or updating resource inventory assets in accordance to typed resource definitions issued by the
NIC
• Designing state and local geospatial data systems
• Developing related critical infrastructure terrorism prevention activities including: •
o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during
mitigation and recovery
o Public information/education: printed and electronic materials, public service announcements,
seminars/town hail meetings, web postings coordinated through local Citizen Corps Councils
o Citizen Corps activities in communities surrounding critical infrastructure sites, including
Neighborhood Watch, VIPS, and other opportunities for citizen participation
o Evaluating CIP security equipment and/or personnel requirements to protect and secure sites
o CiP cost assessments, including resources (financial, personnel, etc.) required for security
enhancements/deployments.
Developing and enhancing plans and protocols, including but not limited to:
• Developing or enhancing EOPs and operating procedures
• Developing terrorism prevention/deterrence plans
• Developing plans, procedures, and requirements for the management of infrastructure and resources related
to HSGP and implementation of State or Urban Area Homeland Security Strategies
• Developing or enhancing border security plans
• Developing or enhancing cyber security plans
• Developing or enhancing cyber risk mitigation plans
• Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans
• Developing public/private sector partnership emergency response, assessment, and resource sharing plans
• Developing or updating local or regional communications plans
• Developing plans to support and assist special needs jurisdictions, such as port authorities and rail and mass
transit agencies
• Developing or enhancing continuity of operations and continuity of government plans
• Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate
federal assets provided under the NRP.
Developing or conducting assessments, including but not limited to:
• Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop
remediation/security plans
• Conducting cyber risk and vulnerability assessments
• Conducting assessments and exercises of existing catastrophic incident response and recovery plans and
capabilities to identify critical gaps that cannot be met by existing local and state resources
• Activities which directly support the identification of specific catastrophic incident priority response and
recovery projected needs
• Activities which directly support the identification and advance preparation of pre -designated temporary
housing sites; for example:
o Conducting assessments and studies to identify qualified candidate sites
o Obtaining accurate site surveys and existing utility information
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o Coordinating zoning requirements and necessary permits and/or waivers
. o Coordinating environmental impact requirements related to a selected site
o Coordinating historic preservation requirements related to a selected site.
Other eligible planning activities are listed in the "Budget Detail Worksheet" above.
S. Operational Activities
No more than 25% of the gross amount of the UASI award may be used for operational expenses and overtime
costs for the operational activities noted below. These funds may be used for the following three (3) operational
activities:
1. States and local jurisdictions may use up to 25% of FY05 UASI funds to support select operational
overtime costs associated with increased security measures at critical infrastructure sites in UASI
Jurisdictions during periods of heightened alert.
▪ Of this amount, up to 10% of FY05 UASI funds may be used to support operational
overtime costs incurred at Code Yellow or Orange that are associated with increased
security measures at critical infrastructure sites in UASI jurisdictions.
4 The remaining 15% of FY05 UASI funds may be used to support operational overtime
costs incurred only at Code Orange that are associated with increased security measures
at critical infrastructure sites in UASf jurisdictions.
Grantees and sub -grantees may use UASI funds for select operational expenses associated with
increased security measures at critical infrastructure sites, incurred during time periods of OHS-
declaredCode Orange or Yellow. Funds may only be used in the following authorized categories:
4 Backfill and overtime expenses for staffing state or local E0Cs
Hiring of contracted security for critical infrastructure sites
▪ Public safety overtime
4 National Guard deployments to protect critical infrastructure sites, including all resources
that are part of the standard National Guard deployment package (consumable costs, such
as fuel expenses, are not allowed except as part of the standard National Guard
deployment package)
4 Increased border security activities in coordination with CBP.
2. Overtime costs are also allowable for personnel to participate in information, investigative, and
intelligence sharing activities specifically related to homeland security. This includes activities such as
anti -terrorism task forces, JTTF, Area
Maritime Security Committees (as required by the Maritime Transportation Security Ad of 2002), and
TEW groups.
3. Hiring of contractors/consultants for participation in Information/intelligence sharing groups or intelligence
fusion centers.
4. Critical infrastructure Sites
Local governments should generally consider critical infrastructure to include any system or asset that if
attacked would result in catastrophic loss of life and/or catastrophic economic loss. In addition, protection
for the following specific types of facilities should also be considered:
4 Protective security enhancements for large public gatherings/areas, such as New Year's Eve
celebrations, sporting events and outdoor concerts
4 Public water systems serving large population centers
4. Primary data storage and processing facilities, major stock exchanges and major banking centers
4. Chemical facilities located in close proximity to large population centers
4 Major power generation facilities that exceed 2000MW and if successfully attacked would disrupt the
regional electric grid
4 Hydroelectric facilities and dams that produce power in excess of 2000MW or could result in
catastrophic loss of life if breached
4 Nuclear Power plants
4. Electric substations 500KV or larger, and substations 345KV or larger that are part of a critical
system supporting populations In excess of one million people
4 Rail and highway bridges over major waterways that, if destroyed, would cause catastrophic
economic Toss
4 Major highway tunnels under waterways that If attacked would cause catastrophic loss of life or
catastrophic economic impact
4 Major natural gas transmission pipelines in excess of 3000 bcf throughput
4 Natural gas and liquid natural gas (LNG) storage facilities
4 Major petroleum handling facilities such as pipelines, ports, refineries and terminals
4 Major mass transit subway systems and the supporting ventilation systems
4. Telecommunications, internet, and cyber facilities
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5. Approval Process:
In order for grantees to drawdown funds for operational activities, the grantee must provide the
Division with:
ri The critical infrastructure site requiring additional security;
•i It an event will be taking place, the title of the event and the time period of the event;
A detailed budget and a total dollar amount associated with the additional security;
Email the above information to the contract manager listed in this contract for review and approval.
Note: Written approval must be provided by the State prior to the use of any FY 2005
UASI funds for operational activities.
C. Equipment Acquisition
Any equipment purchased, under this contract, must be in accordance with the Authorized Equipment List
(AEL), located at htto://wwwl.rkb.mlot.ora/ael fv2QQ5.cfni.
D. Training
Allowable training -related costs include: 1) establishment of CBRNE terrorism and cyber security training
programs within existing training academies, universities or junior colleges; and 2) overtime and bacicfill costs
associated with attendance at ODP-sponsored and ODP approved CBRNE and cyber security training courses.
The target audience for training courses include emergency preparedness, prevention and response personnel,
emergency managers and public/elected officials within the following disciplines: fire service, law enforcement,
emergency management, emergency medical services, hazardous materials, public works, public health, health
care, public safety communications, governmental administrative, cyber security, and private security providers.
In order to deliver these courses, state and local instructors must be certified to deliver the course by
successfully completing ODP train -the -trainer course delivery. Detailed descriptions of ODP courses are
included in the ODP CBRNE Trairung Course Catalog at http:Nwww.ojp.usdoj.gov/odp/docs/coursecetelog.pdf.
E. Exercises
Exercises conducted with ODP support (grant funds or direct support) must be managed and executed in
accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes I -lit
contain guidance and recommendations for designing, developing, conducting, and evaluating exercises.
HSEEP Volumes I-111 can be found at ODP's website al http://www.ojp.usdoj.gov/odp/exerciseLhtm. Volume iV,
which contains sample exercise materials and documents, can be found on ODP's Secure Portal at
https://odp.esportels.com or http://www.11is.gov.
Exercise Scenarios. The scenarios used In UASI-funded exercises must be terrorism -related and based on the
State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for exercises include:
chemical, biological, radiological, nuclear, explosive, cyber and agricultural. Grantees that need further
clarification on scenarios should consult with their Slate Exercise Manager for assistance and/or approval.
Fifteen all -hazards National Planning Scenarios, including 12 terrorism scenarios, have been developed, and
will be made available for use in national, federal, state, and local homeland security preparedness activities
(See HSPD-8: National Preparedness on page 49). Citizen participation in exercises is encouraged to include
backfiting non-professional tasks for first responders deployed on exercise, administrative and logistical
assistance with exercise implementation, and providing simulated victims, press, and members of the public.
Citizen participation in exercises should be coordinated with local Citizen Corps Councii(s). If a state or urban
area will be hosting an upcoming special event (e.g., Superbowi, G-8 Summit, etc.), or they anticipate that they
will apply to be a venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or UASI
funding to fund training and exercise activities in preparation for that event.
All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated
• and performance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to
the State following every TTX, driN, FE, and FSE. AARIIPs must be provided to the State within 30 days
following completion of each exercise (see HSEEP Volume II, Appendix A). A Josef jurisdiction that
conducts an exercise using UASI funds must follow the HSEEP doctrine and protocol contained In
Volume N.
F. Management and Administration - no more than 2.5% of each sub -recipient's total award may be expended
on Management and Administration costs by the sub -recipients
Hiring of full-time or part-time staff or contractors/consultants:
.t To assist with the management of the FY2005 UASI
▪ To assist with design, requirements and the implementation of the FY2005 UASI
▪ To assist with the implementation and administration of the Urban Area Homeland Security Strategy, as it
may relate to the FY2005 UASI
Hiring of full-time or part-time staff or contractors/consultants and expenses related to:
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i .Meeting compliance reporting/data collection requirements, including data calls
Development of operating plans for information collection and processing necessary to respond to
DHSiODP data calls
Overtime and backfill costs • Payment of overtime expenses will be for work performed by award (SAA) or
sub -award employees in excess of the established work week (usually 40 hours) related to the WA activities
for the development and implementation of the programs under HSGP. These costs are allowed only to the
extent the payment for such services is in accordance with the policies of the state or local unit(s) of
government and has the approval of the state or the awarding agency, whichever is applicable. In no case is
dual compensation allowable. That Is, an employee of a unit of government may not receive compensation from
their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm),
even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal
Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.
Travel expenses
Meeting -related expenses (For a complete list of allowable meeting -related expenses, please review the OJP
Financial Guide at jittpa/www.ojp.usdoLaov/FinGulde).
Acquisition of authorized office equipment, Including;
4 Personal computers
•. Laptop computers
•� Printers
b LCD projectors, and
▪ Other equipment or software which may be required to support the implementation of the homeland
security strategy
The following are allowable only within the period of performance of the contract:
.>, Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc.
Leasing and/or renting of space for newly hired personnel to administer programs within the FY2005 UASI
G. Construction and Renovation
Project construction and renovation not exceeding $1,000,000 is also allowable, as deemed necessary by the
Office for Domestic Preparedness, under the FY 2005 UASi. These program funds maybe used for
-construction and renovation projects only -when those projects spectfically address enhanced security at critical
infrastructure facilities. The following actions and improvements are considered to constitute construction or
renovation:
4 Construction and/or renovation to guard facilities;
4 Communications antennas; and,
#i. Any other construction or renovation efforts that change or expand the footprint of a facility or structure,
including security enhancements to improve perimeter security.
Approval Process:
In order for grantees to drawdown funds for construction and renovation costs, the grantee must provide the
Division with:
is A description of the asset or facility, asset location, whether the infrastructure is publicly or privately
owned, and the construction or renovation project;
4 Certification that a facility vulnerability assessment has been conducted for the facility;
rfir A description of how the construction or renovation project will address the identified vulnerability(ies) from
the assessment;
ill. A statement on the consequences of not implementing the construction or renovation project; and,
Completed National Environmental Policy Act (NEPA) Compliance Checklist.
Note: Written approval must be provided by ODP prior to the use of any FY 2005 UASI
funds for construction or renovation.
H. Overtime and Backfill Guidance
Overtime. Expenses incurred by those personnel who, as a result of ODP-approved activities, are performing
over and above their normal, scheduled work hours or work week.
Backflil (also called Overtime as Backfitl). Expenses incurred by those personnel who are working over and
above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who
are temporarily assigned to OOP -approved activities outside their core responsibilities. The OJP OC does not
distinguish between Overtime and Overtime as Backfill — they are both viewed as overtime regardless of
whether the individual has performed more hours in their normally assigned place of duty or If the overtime
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accrued as a result of being re -assigned to a different place of duty. Overtime and backfill do not result in an
increase of fuN-time employees (FT
Es).
G. National Preparedness Initiatives
Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay
abreast of initiatives being highlighted by DHS and to comply with associated program requirements.
H. National Incident Management System (NIMS)
NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to
work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic
incidents, regardless of cause, size or complexity. Since FY2005 is a critical year for initial NIMS adoption, the
Recipient should start now by prioritizing FY2005 preparedness assistance (in accordance with the eligibility
and allowable uses of the grant) to facilitate its implementation.
1. Minimum FY2005 NIMS Compliance Requirements
4 Incorporating NIMS into existing training programs and exercises;
4 Ensuring that federal preparedness funding supports NIMS implementation (in accordance
with the eligibility and allowable uses of the grants);
4 Incorporating NIMS into emergency operations planning;
4. Promotion of mutual aid agreements; and,
4 Institutionalizing the use of the Incident Command System (ICS).
2. UASIs should support NIMS Implementation by:
Having relevant personnel complete the NIMS Awareness Course:
"National Incident Management System (NIMS), An Introduction" IS 700. This
independent study course is available on-line and will take between forty-five minutes to
three hours to complete. The course is available on the Emergency Management Institute
web page at: htto:Utralnina.fema.aovlEMlWeb/IS/I5700.aso
4. Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will
provide sample language and templates to assist in formally adopting NIMS through
legislative and/or executive/administrative means.
4 Establish a NIMS baseline by determining which NIMS requirements ars already
satisfied. The NIC is developing a web -based self -assessment system, the NIMS
Capability Assessment Support Tool (NIMCAST) to evaluate their incident response and
management capabilities. The NIC is currently piloting the NIMCAST with a limited number
of states. Upon completion of the pilot, the NIC will provide all potential future users with
voluntary access to the system. Additional information about the NIMCAST tool will be
provided later this year.
d. Establishing a timeframe and developing a strategy for full NIMS implementation.
Transit systems are encouraged to achieve full NIMS implementation during FY 2005. To
the extent that full implementation is not possible during FY 2005, federal preparedness
assistance must be leveraged to complete NIMS implementation In FY 2006. By FY 2007,
federal preparedness assistance will be conditioned upon full compliance with NIMS.
• Institutionalizing the use of the ICS. Transit systems that ere not akeady using ICS, must
institutionalize the use of ICS (consistent with the concepts and principles taught by DHS)
across the entire response system.
3. FY 2006 and FY 2007 Requirements
In order for the Division to receive FY2006 preparedness funding, the minimum FY2005 compliance
requirements described above must be met. Additional information about NIMS compliance and
resources for achieving compliance will be forthcoming from the NIC. The NIC web page,
htto://www.fema.00v/nims, will be updated regularly with NIMS information and implementation
guidance.
1. Unauthorized Expenditures
1. Expenditures for items such as general use software (word processing, spreadsheet, graphics, etc.)
2. General -use computers and related equipment
3. General -use vehicles
4. Licensing fees
5. Weapons systems and ammunition
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6. Construction or renovation of facilities that would have been reasonably necessary due to non -
terrorist threats
7. Activities unrelated to the completion and implementation of the UASI
8. Other items not in accordance with the Authorized Equipment List or previously listed as allowable
costs
9. Recurring Costs
10. Funding may not be used to supplant ongoing, routine public safety activities of state and local
emergency responders, and may not be used to hire staff for operational activities or backlit!.
II. Reporting Requirements
Semi-Annua Programmatic Reoortino:
The Semi -Annual Programmatic Report is due within 15 days after the end of the reporting periods (June 30
and December 31) for the life of this contract. if a report(s) is delinquent, future financial reimbursements will be
withheld until the Recipient's reporting Is current.
Programmatic Reporting Schedule
Reporting Period
January 1 through June 30
July 1 through December 31
Report due to DEM no later than
July 15
January 15
Programmatic Reporting Information to Report On
After the end of each reporting period, for the life of the contract, the Division will provide a Biannual Strategy
and Implementation Report worksheet to the Recipient Point of Contact listed in this contract. This worksheet
will contain all of the information that the Recipient needs 10 report on. The Recipient is to complete this
worksheet in its entirety and email the finished product to the programmatic contact Hated below. The first
worksheet will be available after the July 1 - December 31, 2005 reporting period.
b. Reimbursement Request;'
An invoice or purchase order must accompany each request for reimbursement. A request for reimbursement
may be sent to your contract manager for review and approval at anytime during the contract period.
Close-out Programmatic Reoortino, The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the
contract is either completed or the contract has expired.
III. Points of Contact
Contractual Point of Contact
Programmatic Point of Contact
Dianne Smith
FDEM, Grants Administration Unit
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850) 413-9966
pianne.srnith®dce.state.fl. us
Farrah Gosford
FDEM
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850) 413-9974
f srrah.00stardildca.state.f. us
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Attachment B
Program Statutes and Regulations
1) 53 Federal Register 8034
2) Federal Acquisition Regulations 31.2 and 031.2
3) Section 1352, Title 31, US Code
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Attachment D
Warranties and Representations
Financial Management
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities. These
records shall contain information pertaining to grant awards, authorizations, obligations,
unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures for determining the reasonableness, allocability and ailowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
Competition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive
practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order
to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for
proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder
or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,
price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the
bidder or offeror shall fulfill in order for the bid or offer:to be evaluated by the Recipient. Any and all bids
or offers may be rejected when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the recipient.
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business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from 8am to 4pm. Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
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Attachment E
• Certification Regarding;? r
nt, Suspenslon, lneligibil!
d Voluntaryxciusionr
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By:
Signature Recipient's Name
Name and Title DCA Contract Number
Street Address
City, State, Zip
Date
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Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally -assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed
in whole or in part by Federal grants. (5 USC 1501, et seq.)
3. it will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. it will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
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10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the •
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs,
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title Vi of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title Ii of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13, In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs,
14. 1t will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
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