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HomeMy WebLinkAboutFISCAL YEAR 2005 HOMELAND AND SECURITY GRANT PROGRAM GRANTEE-SUBGRANTEE AGREEMENT AUGUSTA FIRE DEPT FISCAL YEAR 2005 HOMELAND SECURITY GRANT PROGRAM GRANTEE-SUBGRANTEE AGREEMENT The United States Department of Homeland Security, Office of State and Local Government Coordination and Preparedness (SLGCP), Office for Domestic Preparedness (ODP) approved the application and awarded grant funding from the State Homeland Security Program and the Law Enforcement Terrorism Prevention Program to the Georgia Office of Homeland Security - Georgia Emergency Management Agency (OHS-GEMA) on behalf of the State of Georgia, in accordance with the Department of Homeland Security (DHS) Appropriations Act of 2005. OHS-GEMA wilL maintain overall responsibility and accountability to the federal government for the duration of the program. OHS-GEMA, as Grantee, has awarded the amount of $353,000.00 to Augusta Fire Department, as Sub grantee, in accordance with the Fiscal Year 2005 Homeland Security Grant Program (HSGP). Under this Agreement, OHS-GEMA will execute the interests and responsibilities of the Grantee. The individual designated to represent the State is Mike Sherberger, Authorized Grantee Official. The State has Clesignated Ralph Reichert as the Program Manager of this program. The Subgrantee's Authorized Official has authority to legally bind the Sub grantee and will execute the interests and responsibilities of the Subgrantee. The Subgrantee's Authorized Official is the person whose name appears on page five (5) of this agreement and whose signature appears on page five (5) of this agreement. Purpose: The Subgrantee agrees to use allocated funds only as approved, to comply with the terms, conditions and guidelines as stated within this agreement, and to request reimbursement only for expenditures made in accordance with the Approved Detailed Budget Worksheet (Exhibit D). Any change to the budget worksheet must be requested in writing by the Sub grantee and must be approved by the Program Manager prior to the execution of that change. Effective Date: From May 1, 2005 to September 30, 2006. The Sub grantee agrees that all purchases and expenditures authorized under this program must be completed by the effective end date. Exhibits: Exhibits are attached or attainable via the internet and made a part of this agreement: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F United States Department of Justice, Office of Justice Programs (OJP) , Office of the Comptroller's Financial Guide, found on OJP's Web site: http://www .oj p.usdoj .gov/FinGuide. United States Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness Program Guidelines and Application Kit for the Fiscal Year 2005 Homeland Security Grant Program, found on OJP's Web site: http://www.ojp.usdoj.gov/odp/docs/fy05hsgp.pdf. Georgia Emergency Management Agency FY 05 ODP/Georgia Homeland Secuiity, State Homeland Security Program (SHSP) Application Announcementand.lnstructions, a copy. .dlf.w.b.ich . i ~ .av.ailable..mUhe.OHS...GEM~~b-sit6!--http!l/V'..ww: gemfP.lttate:~a:t1s; Approved Detailed Budget Worksheet. Payment Request Form. Standard Assurances - OMB Approval No.1 1121-0140. - 1 - .-, Exhibit G Certification Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug-Free Workplace Requirements. OJP Form 4061/6. Exhibit H Financial Status Report (FSR) Reporting Form. Reimbursement and Reporting Requirements I. Payment Request Forms: Payments to the Subgrantees will be made only upon presentation of the approved Payment Request Form (Exhibit E). Reimbursements from invoices and applicable canceled checks (or other justifying documentation) will only be made for eligible equipment, materials, expenses and costs upon approval of the Program Manager. Noncompliance by the Sub grantee with the terms or conditions of this agreement will constitute justification for non-payment of any amounts submitted on the Payment Request Forms. 2. The Subrantee shall complete and submit reports as requested by OHS-GEMA and cooperate and assist OHS-GEMA in complying with ODP's tracking and reporting requirements. Specifically, without limitation, Subgrantee shall submit information at OHS-GEMA's request and direction to assist OHS- GEMA in submitting Biannual Strategy Implementation Reports and Categorical Assistance Program Reports in accordance with ODP's requirements as outlined in the ODP Guide (Exhibit B). 3. Financial Status Report (FSR): Obligations and expenditures must be reported to OHS-GEMA on a quarterly basis through the FSR, which are due within 45 days of the end of each calendar quarter (Le. for the quarter ending March 31, FSR is due on May 15). A copy of this form is attached as Exhibit H to this agreement.. 4. Grant Closeout Report: Within 60 days after the ending effective date of the sub grant, the Sub grantee will submit a final FSR and final program report detailing all accomplishments throughout the project. After both of these reports have been reviewed and approved by OHS-GEMA, a Closeout Report will be generated indicating the project as being closed and listing any remaining funds that will be deobligated. Audits, Financial Regulations and Guides 1. Audits: The Subgrantee agrees that federal or state officials and auditors or their duly authorized representatives may conduct required audits and examinations. The Subgrantee further agrees that such officials, auditors or representatives shall have access to any books, documents, papers and records of any recipients of this funding and' of any persons or entities which perform any activity which is reimbursed to any extent with federal or state funds distributed under the authority of the Fiscal Year 2005 Homeland Security Appropriations Act and this Agreement. 2. Code of Federal Regulations (CFR): The Subgrantee agrees to comply with 28 CFR Part 66 (Uniform Administrative Requiremen.ts fQrQlJl.Ilts to Stf:!,t~s}._. . ."._.. ..... 3. Office of Management and Budget (OMB): The Sub grantee agrees to comply with the organizational audit re~luirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition ofthe OJP Financial Guide, Chapter 19. The Sub grantee further agrees to comply with the standards put forth in OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments. - 2 - 4. OJP Financial Guide: The Subgrantee agrees to comply with the financial and administrative requirements set forth in the current edition of the United States Department of Justice, Office of Justice Programs, Office of the Comptroller's Financial Guide (Exhibit A to this agreement). In particular, without limitation, Sub grantee acknowledges and agrees to the "Withholding of Funds" provisions set forth below: WITHHOLDING OF FUNDS The awarding agency may withhold reimbursement of grant funds if the sub grantee demonstrates any of the following: I. Unwillingness or inability to attain program or project goals or to establish procedures that will minimize the time elapsing between the cash drawdowns and expenditure; 2. Inability to adhere to guideline requirements or special conditions; 3. Improper engagement of awarding and administering contracts; and 4. Inability to submit reliable and/or timely reports. Noncompliance by the Subgrantee with the terms or conditions of this Agreement will constitute justification for non-payment of any amounts submitted on the Payment Request Forms. National Initiatives 1. Sugrantee agrees to comply with all applicable terms and conditions of the Fiscal Year 2005 Homeland Security Grant Program Guidelines (Exhibit B), including without limitation meeting the minim~m National Incident Management System (NIMS) Fiscal Year 2005 implementation compliance requirements in the National Initiatives section of the ODP program guidelines (Exhibit B to this agreement and on the FEMA web site, www.fema.gov/nims.) In order to receive FY 2006 preparedness funding, applicants will need to certify as part of their FY 2006 grant applications that they have met the FY 2005 NIMS requirements. 2. Sub grantee agrees to institutionalize the use of the Incident Command System (ICS) as required by Georgia law and the NIMS minimum compliance requirements. 3. Subgrantee agrees to adhere to the State's Homeland Security Strategy. Special Conditions The Subgrantee agrees to the following conditions: I. The Sub grantee agrees that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2005 Homeland Security Grant Program Guidelines and Application Kit (Exhibit B) and must support the goals and objectives included in the State HomelandSecurity Strategy. 2.. T~e SUl)gtatiteea~H~es tHaLall allocations and 4seof fitiiOsunOe(tliis'gfanfWill15e' maccoroance.witli. . . ._._-~...,,_..-.--tlie-tJeorgia~mergency ManagementAg~ncy FY 0SOi)P/Georgia Homeland Security, State Homelan'd Security Program (SHSP) Application Announcement and Instructions (Exhibit C). . 3. The Subgrantee agrees that federal funds under this award will be used to supplement, but not supplant, state or local funds for homeland security preparedness. - 3 - t 4. The Sub grantee agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. Federal funds provided under this program are for 100% reimbursement of all eligiole eXpenditUres.] Subgrantee will follow procurement standards as stated in the Financial Guide (Exhibit A). 6. Subgrantee understands and agrees that funds awarded for consultants do not include any consultant rate in excess of $450 per day. A detailed justification must be submitted to OHS-GEMA and approved by OHS-GEMA and SLGCP prior to obligation or expenditure of such funds. 7. Subgrantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enaCtment, repeal, modification of adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OHS-GEMA and ODP. 8. No elected or appointed official or employee of the Sub grantee shall be admitted to any share or part of any benefit, directly or indirectly, from this agreement or from the grant award. This provision shall not be construed to extend to any contract made with a corporation for its general benefit. 9. If the Subgrantee violates any of the conditions of this agreement, including all exhibits hereto, or of applicable federal and state law or regulation, in addition to any other recourse available, OHS-GEMA shall rtotify the Subgrantee that additional funds for the grant in connection with which the violation occurred will be withheld until such violation has been corrected to the satisfaction ofOHS-GEMA. In addition, OHS-GEMA may also withhold or require repayment of all or any portion of the financial award which has been or is to be made available to the Subgrantee for other projects under this program, this or other agreements, and applicable federal and state regulations until adequate corrective action is taken. 10. The Subgrantee agrees that all publications created with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from the Office of State and Local Government Coordination and Preparedness (SLGCP), United States Department. of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of SLGCP or the U.S. Department of Homeland Security." 11. Sub grantee acknowledges that SLGCP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The Sub grantee agrees to consult with SLGCP through OHS-GEMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 12. The Subgrantee agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows:. ."Purchased with .tun.ds. proyided by..the U,S.J)ep~rtJJ:1ent 9fHomelf:!,ndH " 13. The Subgrantee agrees to comply with the National Environmental Policy Act (NEP A) requirements, if applicable; to obtain written approval by SLGCP, through OHS-GEMA prior to use of any HSGP funds for construction or renovation, including without limitation, security equipment; and to coordinate with OHS-GEMA regarding any activities using grant funding that require specific documentation of NEPA compliance. - 4 - : .. '- ':'.. '.:. -. - ., 14. Any Sub grantee receiving a grant award for a Web EOC agrees to grant the State of Georgia "read only" access. Changes to Agreement: There shall be no changes to this Agreement unless mutually agreed upon by all parties to the Agreement. Termination This agreement may be terminated for any or all of the following reasons: 1. Cause/Default: This agreement may be terminated for cause, in whole or in part, at any time by the State for failure of the Subgrantee to perform any of the provisions or to comply with any terms and conditions herein. If the' State exercises its right to terminate this agreement under the provisions of this paragraph, the termination shall be accomplished in writing and specify the reason and termination date. The Subgrantee will be required to submit the final invoice not later than 30 days after the effective date of written notice of termination. Upon termination of this agreement, the State shall not incur any new obligations after the effective date of the termination and shall cancel as many outstanding obligations as possible. The above remedies are in addition to any other remedies provided by law or the terms of this agreement. 2. Convenience: This agreement may be cancelled or terminated by either of the parties without cause; however, the party seeking to terminate or cancel this agreement must give written notice of its intention to do so to the other party at least 30 days prior to the effective date of cancellation or termination. 3. Non-Availability of Funding: Notwithstanding any other provision of this agreement, in the event that either of the sources of funding for reimbursement under this agreement (appropriations from the General Assembly of the State of Georgia or the Congress of the United States of America) no longer exist or in the event the sum of all obligations of OHS-GEMA incurred under this and all other agreements entered into for this program exceeds the balance of such funding, then this agreement shall immediately terminate without further obligation of OHS-GEMA as of that moment. The certification by the Director of OHS-GEMA of the occurrence of either of the events stated above shall be conclusive. AGREED by all parties: BY~~ Authorized Grantee j;n:/:;;4~ . Printe or Typed Name of Subgrantee's Authorized Official 5-11~ 0"5 ......~~d~ ~~~ O~ ~If~~~ IJ fl \ cr-r... h. f , C~C~L~ - 5 - . , . Office Of The Clerk of Commission Lena J. Bonner, CMC Clerk of Commission Room 801 - Municipal Building 530 Greene Street - Augusta, GA. 30911 (706) 821-1820 - FAX (706) 821-1838 Nancy Morawski Deputy Clerk MEMORANDUM TO: Chief Howard Willis, Interim Fire Chief SUBJECT: FY 2005 Homeland Security Grant Agreement I l I I FROM: Lena J. Bonner, Clerk of Commission DATE: July 8, 2005 Enclosed is the fully executed original of the above referenced agreement between Augusta, Georgia and the Office of Homeland Security-Georgia Emergency Management Agency, which was approved by the Augusta Commission in regular meeting held July 5, 2005. Enclosure: ;"'h . ,:",. ~ . RECEIVED MAY 1 32005 STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Sonny Perdue GOVERNOR May 10, 2005 Chief Al Gillespie Fire Chief Augusta Fire Department 925 Laney-Walker Boulevard Augusta, Georgia 30901 Dear Chief Gillespie: It is my pleasure to inform you that the Office for Domestic Preparedness (OPD) grant application for Augusta Fire Department has been approved in the amount of $353,000.00 for the purchase of terrorism response equipment. These funds are subject to the execution of the appropriate documents. In the next several days, you will receive specific information on yoqr grant from the Office of Homeland Security - Georgia Emergency Management Agency. Thank you for your commitment to protect Georgia citizens and assets. I appreciate your efforts to ensure that Georgia remains a safe place for us to live and raise our families. By working together, we can c()ntinue to be prepared. ~n.c/{l~ ~y Perdne SP:js