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HomeMy WebLinkAboutDHS STATE HOMELAND SECURITY GRANT $25,000.00 RICHMOND COUNTY SHERIFF'S OFFICE '� GEOF2GIA EMERGEI�€CY MAIVAGEMEIVT /�GENCY GEC�RGIA OFFICE OF HOMELAND SECURi'TY NATHAN DEAL GHARLSY Et�IGLtSH GOVEf2NQR DIREGTOf2 :�'' May 3, 2Q12 RE: FIPS #245-00000-05 GAN #EMW-2011-SS-00081-501 BucEgef Worksheet #2735 Richmond County Sheriffi's Office Nonorable Ronald Sfreng#h Sheriff of Richmond County 401 Wafton Way Augusta, Georgia 30901 Dear Sheriff Strength: On behalf of Governor Nathan Deal, it is our pleasure to award your agency with a Fiscaf Year 2011 Homeland Security Grant Program/State Nomeland Security Grant Program from fhe Depar�men# of Homeland Security (DHS). Enclosed is the Grantee-Subgrantee Agreement for funding awarded t� you agency by the Georgia Emergency Management•Agency (GEMA). This agreement governs the use of funding provided by DHS to help your agency to build and enhance capabilities ta prevent, protect against, respond to, and recover from terrorist attacks, major disasters and other emergencies in accordance with the goals and objectives of the Stafe Strategic Plan. � The amount of this agreement is $25,000.0�. You may not exceed in either quantity nor #otai cfoft�r amount the items expressly approved for you to purchase, as shown on the accampanying detai(ed budget worksheet(s). Attached to the Gran#ee-Subgrantee Agreement are Exhibits A- I. Please review and return signed original5 of the Grantee-Swbgrantee Agreement, Exhibit C, F, and Exhibif G to the attentiQn of your grants manager within 14 days of receipt of this letter. A copy of the fully executed agreement will be.returned to you for your fifes. If you require further information as to the grantee pacEcage, please contacfi Tara Diaz, Grants Manager, at 404-635-7066, Thank you for your work on behalf of the citizens of Georgia. Sinc ly, �� gi -aey Publi Assistan Division Director aw/kr �nclosures , '� �a����.t���� �.�-�.,�.,� Post Office Box 18055 • Atlanta, Georgia • 30316-0055 (404} 635-7000 • Toll-free in Georgia 1-800-TRY GEMA • W�•gema.ga.gav FISCAL YEAR 2011 HOMELAND SECURiTY GRANT PR4GRAM GRANTEE-SUSGRANTEE AGREEMENT STATE HOMELAND S�CURTY GRANT PROGRAM] The United States Department of Homeland Security (DHS), �ederal Emergency Management Agency (FEMA}, Graxlt Pragrams Directorate (GPD), approved the application and awarded grant funding from the Fiscal Year 2011 Homeland Security Grant Program to the Georgia Emergency Management Agency (GEMA) o�i behatf of the State of Georgia, in accordance with autl�orizing federal GEMA will maintain overall responsibiliry and accountability to the federal govenunent for the duration of the prograin. GEMA, as Grauitee, has awarded the amount of $25,OOO.dO to Richmond Counfy Sheriff s OfCice, as Subgrailtee, in accordance with the Fiscal Year 2011 Homeland Security Grant Program (HSGP), State HomeIand Security Grant Program. Under this Agreement, GEMA will execute the interests arzd responsibilities of the Grantee. The individual design.ated to represent the State is Chartey English, Authorized Grantee Offcial. The State has designated Ralph Reichert as the Program Manager of this program. The Subgrantee's Authorized Official has authority to legally bind the Subgrantee and wili execute the interests and responsibilities of the Subgrantee. The Subgrantee's Autl�orized OffFCial is the person wlaose name appears on page eleven (11) of this agreement a�id whose sig�lat�zre appears on page eleven (11) of this agceement. Purpose: The Subgrautee agrees to use allocated funds only as approved, to comply with the terms, conditioiis and guideliaes as stated within dlis agreei�ent and to request reimbursement ouly for expenditures made in accordance with the Approved Detailed Budget Worksheet (E�ibit D). Any change to the budget worksheet must he requested in writing by tlle Subgrantee and must be approved by the Program Manager prior to the execution of that change. After ail approved items on the approved budget worksheet have been reimbursed to the Subgrantee, this Subgrantee Agreement shatl terminate, aa�;d any remaining funds will be thereby forfeited by the Subgrantee and such funds shall be deobligated and reallocated by GEMA. If a detailed Budget Worksheet has not been approved or attached to t�iis agreement, a Budget Workslieet for all fanding awarded in this subgrant must be approved by the 1'rogram Manager and this agreetnent must be amended to add the approved Budget Worksheet as Exhibit D before any expenditures may be made by or on behalf of the Subgrantee. Effective Date: Septeinber l, 201 l to Apri130, 2014 TI1e Subgrantee agrees t1�at all purchases a�id expenditures authorized under this program inust be completed by the effective end date. Exhibits: E�iibits are attached or attainable via the internet and made a part of this agreement: Exhibit A UtZited States Department of Homeland Security (DHS), Preparedness Directorate, Office of Grants and Tra.ining (G&T), Off'zce of Grant Operations {OGO) Financial Management Guide (Financial Guide), available on the DHS Web site at: l�ttp://www.dhs,gov/xlibrary/assets/Grants FinazicialManagementGuide.pdf E�chibit B United States Departrnent of Homeland Security {DHS) Fiscal Year 2011 Ho�neland Security Grant Program Guidance and Application Kit (DHS Guide), located on the Federal Emergency Management Agency web site at h�p:!/ww�u.fema.gov/pd£�governrnent�grant/20? l/fyl i_hsgP_kit.pclf Exhibit C NIMS CompIiailce Form Exhibit D Approved Detailed Budget Worksheet(s) ' E�claibit E Payment Request Form E�ibit F Standard Assurances — Staz�dard Form 424B (Non-Construction) or Standard Porm 424 D (Construction}, as applicable Exhibit G Certification Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug-Pree Workplace Requirements, OJP �'orin 40b 1/6 E�ibit H Financial Status Report (FSR) Reporting Form Eachibit I Acknowledgment Form of Receipt of Goods or Services Paid for by the State on Behalf of Subgrantee E�ibit J Grant Programs Directorate Infarmation Bulletin No. 37] Exhibit K Environmental and Historec Preservation Screening Memo (EHI'SM) Reimbarsement and Reporting Requirements 1. Payment Request Forms: Payments to the Subgrantees will be made only upon presentation of the approved Payment Request Form (E�ibit E). Reimbuz�sements from invoices and applicable canceled checks (or other justifyiang documentation) will only be made for eligible equipment, materials, expenses and costs upon approval of the Program. Manager. Omission of pertinent documentation will constitute justification for non-payment of any amounts subm,itted on the Payment Request Forms. 2. State Purchases o❑ behalf of Subgrantee: GEMA may, with the Written Con.sent of the Subgrantee, retain and expend grant funding on behalf of the Subgrantee. Before the State will malce purchases on behalf of locals the Subgrantee must provide justification, receive approval from GEMA and provide GEMA with the Written Consent for GEMA to expend these fnnds. If GEMA does agee to retain and expend grant funding on behalf of the Subgrantee, the Subgrantee is required to submit documentation to verify receipt and acceptance of the goods or services on the Acknowledgment Form (Exhibit I) and provide any other documentation or information requested by GEMA. If the Acknowledgement Form is not returned to GEMA in a timely manner, tlze Subgrantee wilI be held accountable for payment to the vendor. The Subgrantee will also be accountable for submitting Financial Status Reports (FSR) on a titnely basis according to the guidelines in following paragraph. 3 Financaal Status Report (F'SR): The disposition of grant funds, including atl �bligations and expenditures, must be reported to GEMA on a quarterly basis through the �SR, wlaich is due within 30 days of the end of each calendar quarter (i.e. for the quarter ending March 31, FSR is due no later than Apri130). A copy of this form is attached as E�ibit H to this agreement. 2. Biannual Strategy Implementation Reports (BSIR): The Subgrantee shall complete and submit any other reports as requested by GEMA and cooperate and assist GEMA in complying with the DHS tracking and reporting requirements. Specifically, without limitation, Subgxantee shall submit information at GEMA's request and direction to assist GEMA in submitting Biannua] Strategy Implementation Reports, Categorical Assistance Program Reports and any other necessary reports. 3. Graat r"loseeut Report: Withi� 60 days after the ending effective date of the subgra�at, #he Subecantee sha11 submit a final FSR and �nal prograrr� report detailing all accomplishments throughout the project. After both of these reports have been reviewed and appraved by GEMA, a Closeout Report will be generated indicating the project as being closed and listing any remaining funds that will be deobligated. -2- Audits, Financial Regulations aad Gnides 1. Audits and Monitoring: The Subgrantee agxees that federaI or state officials and auditors or their duly authorized representatives may conduct programmatic, financial anc} admiriistrative monitoring, audits and examinations. The Subgrantee further agrees that such officials, auditors or representatives shall have access to any books, docuxnents, papers, property and records of any recipients of this funding and of any persons or entities whzch perform any activity which is reimbursed to any extent with federal or state �unds distributed under the authority federal or state law, incIuding the Department of Homeland Security Appropriations Act, 2011, and this Agreement. 2. Laws, Regalations and Program Guidance: The Subgantee shalt comply with all applicable laws, regulations, and adzninistrative raquirements. A non-exclusive last of regulations is Iisted below. Referenced Code of Federal Regulations (CFR) sections may be accessed online at www.gpoaccess.gov/ecfr/. A. Administrative Requirements 1) 44 CPR Part 13 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (OMB Circular A-102) 2) 2 CFR Part 215, Unifarm Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circulaz A-1IO) B. Cost Principles 1) 2 CFR Part 225, Cost I'rinciples for State, Local and Indian Tribal Governments (OMB Circutar A-87) 2) 2 GFR Part 220, Cost Principles for Educationa� Institutions (OMB Circular A-21) 3) 2 CFR Part 230, Cost Principles for Non-Pro�t Organizations (OMB Circular A-122) 4} 48 CFR 31.2, Pederal Acquisition Regulations (FAR) Contract Cost Principles with C ommercial Organizati ons G Office of Management and Budget (OMB) Circular A-133, Audits of States, LacaI . Governments, and Non-Pro�t Organizations The Subgrantee agrees to comply with the organizational audit requirements of OMB Circulaar A-133, Audits of States, Local Governments, and Non-T?raft Organizatzans, as further described in the current eclition of the.Financial Guide (Exhibit A). l) Subgrantees that axpend $500,000 or more of federal funds during their fiscai year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the Grant Accountability Office's (GAO's) Government Auditing Standards, which may be accessed online at http,//www.gao.gov/govaud/ybk0i.htm, and with the OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at http://www.whitehouse.gov/omb/circulars/a133/a13 Audit reports are currently due to the Pedecal Audit Clearinghouse no later than nine raonths after the end of the recipient's fiscal year. 2) Tn addition, Subgrantees must submit the audit report to the State of Georgia, by sending a copy to the Georgia Department of Audits and Accounts, Nonproft and Local Governments AucEits, 270 Washington Street, SW, Room I-156, Atlanta, Geargia 30334-8400. 3} if required to subtnit an audit report under the requirements oi OMB Circula; A-133, Suograntee snaii provide GEi�1�i wiiki w�itten �ocurr�er��atior showing u at it has ��mplied ::�i� the single audit requiremants. Such documentation shalt be xehtrned to GEMA with this signed Agreement. Subgrantee shall immediateiy notify GEMA in writing directed to the G�rants -3- Manager at any future time that it is required to conduct a single audit and provide documentation within a reasonable time period showing coznpliance with the single audit requirement. D. Of�ce of Managenzent and Budget (OMB) Circular A-87 Inventory Requirements: The Subgrantee agrees to comply with the requirements of OMB Circular A-87 and specifically, without limitation, agrees to compty with the requirement to take physical inventories of any equipment received through this subgrant at teast once every two years. E. Data Universal Numbering System (DTINS) Number Requirernent: No entity may receive a subgrant under this award unless GEMA has received the DUNS number for the prospective subgrantee. F. Federal Funding Accountability and Transparency Act (FFATA): (a) Ail new subawards under tius gxant of $25,040 or more are subject to FFATA reporting requirernents:- - Subgrantee is responsible for providing any inforr�ation requested by GEMA to camplete the required report. (b) Unless exempt, Subgrantee shall report the names and total compensation of its five most highly compensated executives for its preceding completed itscal year. This report is only required if: (1) In Subgrantee's preceding fiscal year, Subgrantee received (A) 8Q percent or more of its annual gross reveriues frorn federal procurement contracts and subconiracts and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawaxds); and {B) The public does not have access to information about the compensation of the executives through periodic reports filed under section i3(a) or TS(d) of the Securitzes Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 61104 of the Tnternal Revenue Code of 198b. (c) Additional information regarding the FFATA requirements can be found at vvvv�vv.whitehouse.gov/omb/open, www.USAspending.gov, and www.fsrs.gov 4. OGO Financial Management Guide: The Subgrantee agrees to comply with the financial and administrative requirements set forth in the current edition of the United States Department of Homeland Security, Preparedness Directorate, Office of Grants and Training, Office of Grant Operations, Financial Management Guide (Exhibit A). 5. Accounting System: The Subgrantee agrees to maintain an accounting systetn integrated with adequate internal fiscal and management controls to capture and report grant data with accuracy, pxoviding full accountabiiity for revenues, expenditures, assets, and liabiEities. This system shall provide reasonable assurance that the subgrantee is managing federal and state financial assistance proganns in compliance with the current edition of the �'inancial Guide (E�ck�.ibit A) and ali applicable laws and regulations. 6. Retention and Main#e�ance of 1Zecards: Subgrantee shall comply with the OMB administrative requirements circulars and the cunent edition of the Financial Guide (E�ibit A) in retaining and -4- maintaining records pertinent to the subgrant award. All such records shall be retained by the subgrantee for at least three years from the date of the final expendit�ure repor� by GEMA to DHS to close out the State o£ Georgia's 2011 HSGP grant. Refer to tlie Financial Gaide (E�chibit A) for exceptions which would require a longer record retention period. 7. Withholding and Repayment of Funds: In addition to any other remedies provided by law or the terms o� this agreement, if the Subgrantee fails to comply with any of the terms or conditions of this Agreement, including ail e�ibits hereto, or with any applicable federal or state law or regulation, GEMA may withhold or require repayment of grant funds in connection with which the violation occurred. In addition, GEMA nnay wzthhold 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, or under this or other agreements. &. Payment of Funds fo GEMA: In addition to any other remedies available, the parties agree that GEMA will be entitled to payment from the Subgrantee far any funds paid by the state or for which the state is responsible to pay on behalf of the Subgrantee for whzch GfiMA is unable to receive payment fronn or will be required to repay the grant funds due to the Subgrantee's failure to cooperate in providing the required documentation showing receipt of the goods or services or other failure an the part of the Subgrantee, incLuding without limitation timely completing and returning to G�MA the Acknowledgment Form aitached as Exhibit I. National Initiafives 1. Subgrantee agrees ta comply with ail appl.icable terms and canditions of the Fiscal Year 2011 Homeland Security Grant Program Guidance (E�chibit B), including without limztation meeting the minimum National Incident Management System {NIMS) Fiscal Year 2011 cornpliance requirements in the NTMS Compliance section of the DHS Guide and the NIMS Integration Center {NIC). State, territory, tribal and iocal governments are considered to be �n full NIMS cornpliance if they have adopted and/or itnplemented the current compliance activities, as determined by the National Incident Management System Compiiance Assistance Support Tool (NIMSCAST) to be reparted by September 30, 2011 or other accepted means. Additional inforcnation on achieving campliance is available through the FEMA NIC at http://www.fema.gov/emergency/nims/. In order to assure compIiance with NTMS requirements, all terms and conditions of this agreeinent are predicated and conditional upon the Subgrantee's assurance by compieting and signing the NIMS Compliance Form (E�chibit C) and retuming the completed and signed form to GEMA along with the signed original Grantee-Subgrantee Agreement. For the neat grant period, NIMSCAST wi11 be the required means to report NIMS comptiance. 2. Subgrantee agrees to comply with all terrns and conditions of the Fiscai Year 2011 Homelanu Securi�y Grant Program Guidance (E�ibit B), including without Iimitation meeting the NationaI Incident Management System (NTMS) compliance requirements in the NIMS Compliance section of the DHS Guide and the requirements of the 1�IIMS Integration Center (NIC). For Fiscal Year 2011 HSGP preparedz�ess grant award eligibility, all Subgrantees znust have met the requirernent to show compliance by submitting the required compliance assessment via the NIMSCAST by September 30, 2011 and/or the Corrective Action Plan by October 31, 2011. Additional information on achieving compiiance is available through the FEMA NTC at http://www.fema.gav/nims/. In addition, in order to assure compliance with NIMS requirements, all terms and conditions of this agreernent are predicated and conditional upon the Subgrantee's assurance by completing and sigtiing the NIMS Compliance Form (E�ibit C) and returning the completed and signed form to GEMA along with the signed original Grar.tee-Subgran#ee Agreement. -5- 3. Subgantee agrees to institutionalize the use of the �ncident Command System (ICS) as required by Georgia law and the N7M5 minimum compliance requirements. 4. Subgrantee agrees that any exercises conducted with grant funds will be znanaged and executed in compliance with the Homeland Secwrity Exercise and Evaluation J?rogram (HSEEP). All exercises will be planned, conducted, and evaIuated with impiementation of improvement in accordance with the guidance in the HSEEP manuals, volumes I through IV, available at http://hseep.dhs.gov. (a) Any exercises imptemented with grant funds must be threat- and performance-based and should evaluate performance of critical tasks required to respond to the exercise scenario. (b) All funded exercises must be included in the MuItiyear Exercise Plan calendar, added to the National Exercise Schedule through the NationaI Exercise Schedule (NEXS} Application, located at https://www.hseep.dhs.gov/ and must be preapproved by the G�MA Exercise Program Manager. (c) Subgrantee must report to the GEMA Exercise Program Manager prior to eonducting scheduled exercises and provide the Program Manager with an After Action Report (AAR) and Improvement Plan for each exercise conducted within 45 days following completion of the exercise in accordance wit� the DHS Guide (ExY�zbit $). (d) Exercises conducted using HSGP funding rnust be NIMS compliant, as defined by the current NIMS compliance matrices. Further information is available on the NIMS Integration Center Web site at www.fema.gov/emergency/nims/. Special Conditions 1. The Subgrantee agrees to use all grant funding awarded from the Fiscal Year 2011 Homeland Security Grant Pragram (HSGP) for costs related to preparedness activities associated with implementing the 2006 State Strategic PIan for Tezrorism and Ali-Hazards Preparedness, including goals and objectives, and any respective Urban Area Security Strategies. 2. The Subgrantee agrees that all ailocations and use of funds under this grant will be in accordance with the Fiscal Year 2011 Homeland Security Grant Program (HSGP) Guidance and Application Kit (E�chibit B), and to compIy with all DHS/FEMA requirements and cooperate with GEMA to comply with federal and state requirements related to the grant funding. 3. The Subgrantee understands and agrees tha# any allocations and use of gant funding must support and may only be ssed te fi:nd the investzrents identified in the Piscal Year 2011 HSGP application �rar.t application submitted by GEMA to DHS/�'EMA and to use grant funding onIy for projects pre-approved by GEMA. 4. The Subgrantee agrees to sign and comply with the tertns and conditions of GEMA's Statewide Mutual Aid and Assistance Agreement and to render mutual aid £or a suspected or real attack or in the case of weapons of mass destruction or other event, as GEMA deternnines needed, Subgrantee shall sign any other Mutual Aid Agreements GEMA or DHS/FEMA shall deem necessary in order to assure tha Subgrantee wiIl fizlfill its obligations to render mutual aid. 5. Any Subgrantee receiving funding for purposes of expiosive ordnance disposal (EOD) agrees ta comply with tl�e foliowing: -6- (a) Each EOD and EOD K-9 team shall report responses via the Georgia Bureau of Investigation (GBT} Response Reporting automated program. This condition shall take effect as soon as the progr�un, currently under development, is availabie for use. (b) Each local �OD and EOD K-4 teann shatl contact the GBI by telephone immediately whenever responding outside of its jurisdiction. . (c) Each EOD and EOD K-9 team shall participate iza th.e Georgia Explosives Response and Reporting Network (GERRN) as requested and to the extent requested by GEMA, Georgia Bureau of Investigatian (GBi} and/or other agency{ies) designated by GEMA. Once activated, use of the GBRRN may supersede conditions (a) and (b}. 6. Subgrantee will continuously maintain up-to-date data for its current resouu'ces in the Resource Database which can be accessed on the Web at https://rdb.gema.ga.gov. � 7. Non-SuppIanting Requirement: The Subgrantee agrees that federal grant funds received under this award will not replace (supplant} fnnds that have been budgeted for the same purpose through non-federai sources. Applicants or grantees may be required to demonstrate and docament that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds will be used to supplement, but not supplant, state or local funds for the same purposes. 8. The Subgrantee agrees to cooperate with any assessments, national evaluation efforts, or requests for information or data collection, including, but not limited #o, the provision of any 'information required for the assessment or evaluation of any activzties within this agreement. 9. Federal funds provided under this grant program are for 1 QO% reimbursement of all etigibie expenditures. Subgrantee will follow procurement standards as stated in the current editiou of the Financial Guide (Exhibit A). 10. Subgrantee understands and agrees that compensation for individual consuitant services is to be reasonable and consistent with the amount paid for siznilar services in the marketpiace. Time and effort reports for consultant services are required, and competitive bidding is encouraged, as explained in the current edition of the Financial Guide (EXbibit A). 11. Subgrantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactr�ient, repeal, modification or adoption of any Iaw, reguiation or policy, at ac�y Ievel af government, without the express prior written approval of GEMA and DHS GPD. 12. No elected or appointed official or employee of the Subgrantee shall be admitted to any share or part of any benefit, directIy or indirectiy, from this agreement or from the grant award. This provision shall not be constxued to extend to any contract made with a corparation for its general benefit. 13. If the Subgrantee violates any of the eonditions of tl�is agreement, including any exhibits hereto, or o� applicable federaI and state law or regulation, in addition to any other recourse available, GEM.A shall notify the Subgrantee that additional funds for th.e grant in connection with which the violation occurred will be withheld until such violation has been corrected to the satisfaction of GEMA. Tn addition, 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 ta the Subgrantee or retained and expended or obligated on behaIf of Subgrantee for other projects under this program, this or other agreements, and applicable federal and state reguiations until adequate corrective action is taken. 14. Copyright: The Subgrantee understands and agrees that far any copyrightable work based on or containing data first produced under grant funding, the Subgraneee grants the government a royaity-fr.ee, -7- nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for government purposes in all such copyrighted works. Subgrantee shail affix tl�e applicable copyright notices of 17 U.S,C. §401 or 402 and an acknowledgement of government sponsorship (including grant award number) to any work frst produced under this grant award. 1S. (a) Subgrantee shall compiy with al] applicable federal, state, and Iocai environmental and historic preservation (EHP} requirements and shall provide any information requested by FEMA andlor GEMA to ensure compl'zance with applicable laws, inciuding: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (I1988), Wetlands (I 1990) and Environmental Justice (12898). Failure of the Subgrantee to meet federal, state, and local EHP requzrements and obtain applicable permits may jeopardize federal funding. Subgrantee shall not undertake any project having the potentiai to impact EHI' resources without the prior approval of FEMA, through GEMA, including but no# limited to communications towers, physicai security enhancements, new construction, and modificatzons to buiidings that are 50 years old or greater and shall coordinate with FEMA, through GEMA, regarding any activities using gracit funding that reGuire specific documentatioi�a of compliance with federal laws and/or regulations. (b) Among other requirements, Subgrantee must cotnplete and return to GEMA with the sigt�ed Subgrantee Agceement the Environmental and Historic Preservatzon Screening Memo (EHPSM), attached as E�ibit K to this agreement. Subgrantee must comply with all conditions placed on the project as the result of the EHP review. (c) The subgrantee shall provide any information requested by GEMA or by �'EMA to ensure compliance with applicable federal EHP requirements, Any change to the approved project scope of work will require re-evaluation for compliance with these EHI' requirements. If ground disturbing activitias may occur during project implementation, the Subgrantee must ensure monitoring o� ground disturbance, and, if any potential archeological resources are discovered, the recipient will imnnediately cease construction in that area and notify FEMA through GEMA and the Georgia Department of NaturaI Resources, Georgia State Historic Preservatian Division. (d} Subgrantee shali not undertake any project to which the National Environmental Policy Act (NEPA) requirements are applicable without obtaining written approval by FEMA, through GEMA, prior to use of any HSGP funds for construction or renovation, including without lirnitation, security equipment and certain non-construction projects. Subgrantee shall coordinate with GEMA regarding any activities using grant funding that require specific documentation of NEPA campiiance. Any construction activities that. have been initiated prior to the full environmental and historic preservation review and evaluation will resutt in a non-compliance finding and will not be eligible for HSGP funding. (e} For more information on FEMA's EHP requirements, Subgrantee should refer the FY 2011 Homeland Security Grant Program (HSGP) Program Guidance and Application Kit. (E�chibit B} and to the FEMA's Information Bulletins 329, 345, 356, and 371, avaiiable on the internet at; http://www.fema.gov/pdf/government/grant/bulletins/info329 htlp://www.fema.gov/pdf/government/grant/bu13 etins/in fo3 45 http://www. fema.gov/pdf/governmendgrantlbulletins/infa3 56 http://ww�v.fema.gov/pdf/goverriment/grantlbulletins/info3 71 Additional information and resources can be found at hrip:/h�vww.fema.gov/plan/ehp/ I8. Subgrantee agrees to cooperate with GEMA in assuring that any training funded through HSGP funding is reported through the training Inforn�ation Reporting System ("Web-Forms"), as mare fully explained -8- in the FY 2p11 Homeland Security Grant Program (HSGP) Program Guidance and Application Kit. {E�ibit B). 19. Subgrantee agrees that funds from the FY 2011 HSGP utilized to establish or enhance state and local. fusion centers wili be used in compliance with the requirements and restrictians in the HSGP Guide (Exhibit B) and with tk�e Grant Programs Directorate Information Bulletin No. 281 dated March 5, 200&, and Information Bulletin No. 288 dated Apri125, 2008. Specifically withont limitation, the Subgrantee receiving funding to 6e used for costs relatec! to fusion centers agree to comply with the following: (a) Use such funds to: (i) Support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Councit (HSAC} Fusion Genter Guidelines and the National Strategy for Information Sharing, and achievement of a baseline level of capability as defined by Global's Baseline Capabilities for State and Major Urban Area Fusion Centers, a supplement to the Pusion Center Guidelznes, located an the Web at http://www.it.ojp.gov/documents/baselinecapahilitiesa.pdf.. (ii} Support achieveinent of baseline levels of capability as defined in the fizsion capability ptanning taol. (iii) Achievement of baseline ievels of capability as defined in the fusion capabiiity planning tool. (b} Provide GEMA with certificatian stating that Subgrantee witl assume responsibility for supporting the casts of the hired anatysts fol(owing ttie three-year federal funding period. (c) Pravide GEMA with certificates of completion of trainitig foc each intelligence analyst hired with grant funding to enable information/intelligence sharing capabiIities in accordance with Global's Mrnimum Criminal Intelligence Training Standards for Law Enforcement and Other Criminal Justice Agencies in the United States, as required under the HSGP Guide (Exhibit B) and Inforznation Bulletin 288. 20. All Sub�rantees leveraging FY 2011 HSGP funds in support of information sharing and inteiligence fusion and analysis centers are encouraged to leverage available federal information sharing systems, including Law Enforcement Online (LEO) and the Homeland Security Inforsnation NeYwork (HSTI�. 21. Any subgrantee receiving HSGP grant fnnding for purchasing or upgrading a mobile communication vehicle (MCV), equipment for an MCV, or other MCV-ralated costs, agrees to comply with the following rectuirements: (a} Each agency receiving an MCV funded with HSGP fanding wi11 be required to participate with the MCV in at least orie regional GEMA-sponsored MCV exercise annually and at least one GEMA-sponsored statewide MCV exercise biennially. Any agency who cannot meet the complia�ce requirement due to an unforeseen event in any year must request approval from GEMA to be excused from the requirement, providing a reasonable justification for failing to comply with the xequirement. (b} Each agency receiving an HSGP funded MCV will provide GENIA with updated vehicle equipment capability and inventory data as requested. -9- 22. In accordance with the ➢epartrrient of HomeIanci Security Appropriations Act, 201I (Public Law 111-083), grant funds must comply with the following two requirements: {a) None o� the funds made avaiIable shall be used in contravention of the Federa] buildings performance and reporting.requirements of Executive Order 13123, part 3 of title V of the National Energy Conservation Palicy Act (42 USC 8251 et. Seq.), or subtitle A of titie I of the Energy PoIicy Act of 20QS (including the amendments made thereby), (b) Nona of the funds made available shall be used in contxavantion of Section 303 of the Energy Policy Act af i992 {42 USC13212). 23. In addition to other noncompliance remedies, GEMAJ�IS or DHS-PEMA rnay unilaterally terminate this grant award, without penalty, if the Subgrantee, any employee or any person or entity otherwise imputed to the Subgrantee is detertzyined to 6ave violated ar failed to report allegations of a violation of certain provisions of the Traffickzng Victims Protection Act of 2000, as amended, engaged in severe forms of traf�icking in persons, procured a commercial sex act, or use forced labor. 24. When implementing DHSlFEMA CrPD-funded activities, the Subgrantee understands and agrees that it must comply with all federal civil rights laws, to .include Title VI of the Civil Rights Act, as amended. 25. If using subcontractors or contractors, Subgrantee sha11, use sma11, minariry, women-owrzed or disadvantaged business concerns and contractors or subcontractors to the extent practzcable. 26. The Subgrazztee understands that beginning on July 1, 2007, any public contracts and subcontracts that are funded by the HSGP znust comply with tlze requirements of O.C.G.A. §13-10-90, et seq„ and Georgia Department of Labox Rules 3Q4-�0-I, et seq., to verify the contractor's or subcontractor's new employees' work eligrbility through a federal work authorization program. Cbanges to Agreement: There shall be no changes to this Agreement unless mutually agreed upon by all parties to the Agreement. Termination 'I'his agreement may be term�nated far any or at� of the fol�owing reasons: �. 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 compiy with any terms and conditions herein. If the State exercises its right to terminate this a�aement under the provisions of this paragraph, the #ermination shall be accomplished ir� writin� and specify the reasorx and tem date. The Subgrantee wi[1 be required to submit the fnai invoice not later than 30 days after the effective date of written notice of ternnination. Upon t$rmination of this agreement, the State shall not incur any new obligations aftar the effective date of the termination and shall cancel as many outstanding obligations as possible. The above remedies are in addition to any other rernedies provided by law or the terms of this agreement. 2. Canvenience: T1�is 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 ta the other party at teast 30 days prior to the effective date of canceltation or termination. 3. Non-AvailabiIity of Funding: Notwithstand:ng any othar provision of tl�is agxeernenr, in the event tnai either of the sources of funding for reimbursement under this agreement {approp�iations from the General Assembly of the State of Georgia or the Congress of the United States of America) no longer -10- exist or in the event the sum of all obligations of GEMA incurred under tfiis and a11 other agreements " entered into for this progam exceeds the balance of such funding, then this agreement sha11 imznediatety ternninate without further obtigation of GEMA as of that rrioment. The certi�cation by the Director of GEMA of the occurrence of either of the events stated above shall be conclusive. 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