TR-2013-8 GRANT FOR EMERG MGMT 1
1
r
nJ
TR-2013-8
A RESOLUTION ACCEPTING A GRANT FROM COMMONWEALTH OF
MASSACHUSETTS EMERGENCY MANAGEMENT AGENCY
PURSUANT TO MASSACHUSETTS GENERAL LAWS
CHAPTER 44, SECTION 53A TO AGAWAM EMERGENCY MANAGEMENT
(Sponsored by Richard A. Cohen)
WHEREAS, the Town of Agawam applied for and received a grant from
the Massachusetts Emergency Management Agency; and
WHEREAS, the Agawam Emergency Management desires to accept said
grant; and
WHEREAS, the grant is in the amount of one thousand five hundred
eighty-nine and 001100 ($1,589.00) dollars;
WHEREAS, Agawam Emergency Management will use the funds to
purchase necessary emergency management supplies; and
WHEREAS, it is in the best interests of the Town of Agawam to accept the tcn
grant from the Massachusetts Emergency Management Agency.
NOW THEREFORE, the Agawam City Council hereby resolves pursu%tom,
to M.G.L. c.44, §53A to accept this grant from Massachusetts Emerge
n ��,
Management Agency.
�CD
DATED THIS � ' DAY OF FE _pyA-izy .._, 2013.
N
PER ORDER OF THE AGAWAM CITY COUNCIL
09 fcA Christopher C. J nson, President
-� C
A OVED TO FORM M AND LEGALITY L CO-
O
cc fy
Vincent F. ioscia, Solicitor
MAYORAL ACTION
Received this C day of b ri& , 2013 from Council Clerk.
i, l Signed by Council President this I day of , 2013.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawa Charter, as
e ded, I hereby approve the passage of the above legislation on this O day of
2013.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
, 2013 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this day of �)g4 , 2013.
COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM x
This form Is Jointly issued and published by the Exmtive Office for Administration and FirtiancQ(ANF),the Qiice of the Comptroller(CTR]andtheOperational Se s D ion SD
as the default contract for all Commonwealth Departments when another forth Is not prescribed by regulation or policy. Any changes to the official printed language of this form shall be
void. Additional non-conBicUng terms may be added by Attachment Contractors may not require any additional agreements,engagement letters,contract forms or other additional terns
as part of this Contract without prior Department approval. Click on hypedinfkss for defin€tons,Instructions and legal requirements that are Incorporated by reference into this Contract. An
electronic copy of Ihls form Is available at2MM mass.aovlosc under Guidance for Venders-F m 4 or wvnv.mam.got§A under 95P Forms,
CONTRACTOR LEGAL NAME: TOWN OF AGAWAM COMMONWEALTH DEPARTMENT NAME: Massachusetts Emergency Management
(and dlbfa): Agawam LEPC Agency
MMARS DepartmentCode: CDA
Legal Address: 1000 Suffield Street,Agawam,MA 01001 Business Mailing Address: 400 Worcester Road,Framingham,MA 01702.5399
Conlra Manaael: Chester Nicola Jr. $AIIaaAddrass(if different):
E•Mail. emdirector@agawam.ma.us Contract Martasrer:David Cruz
Phone: 413.786.6925 Fax: E Mail: Pavld,Crugstale.ma.us
Contractor Vendor COA. VC6000191692 h :508-820.2009 Fez: 508-020.2030
Vendor Code Address ID(e.g.'ADD Dim): AD001� MMARS Doc ID(s):FY13HEMP0000D00AGAWA
(Note:The Address Id Must be set up for EFT payments.) RFRIProcurement oLOtheriO Humber:2012.2013 HMEP
___& NEW CONTRACT __• CONTRACT AMENDMENT
P_$OCUREMENT OR EXCEPTION TYPE:(Check one option only) Enter Current Contract End Date pifor to Amendment' __ 20r,
_Statewide Co (OSO or an OSDdasignated Department) Enter Amendment Amount S .(or'no change')
_Collective Purchase(Attach OSD approval,scope,budget) AMENDMENT (Check one optlon only.Attach details of Amendment changes.)
_L Department Proc (includes Slate or Federal grants 815 CMR 2.00) _Amendment to ScoRj or Budget(Attach updated scope and budget)
(Attach RFR and Response or other procurement supporting documentation) Interim Contract(Attach Justilkatlon for interim Contract and updated scopeA wdgel)
_Emergency Contract (Attach fustilkation for emergency,scope,budget)
Contract Employee(Attach Ennoigyment Status Form.scope,budget) ^ConUact Emnlovee(Attach any updates to scope or budget)
_LeaisfativeAeaal ors i1�r.(Attach authorizing and _L into Na1L al r r (Attach authorizing tanquage4ustifk atlon and updated
budget) scope and budget)
The following COMMONWEALTH TERMS AND CONDITIONS(r&C)has been executed,Mad with CTR and Is Incorporated by reference Into this Contract
_L Commonwealth Tern and Conditions _Commonwealth Terms and Conditlpns For Human and Social SeMces
COMPENSATION:(Check ONE option):The Department certifies that payments for authorized performance accepted in accordance with the tern of this Contract wilt be supported
in the state accounting system by sufficient appropriatkxn or other non-approprlaled funds,sub)ed to Intercept for Commonwealth owed debts under 815 CMR 9.00.
_Rate Contract(No Maxlnwm Obligation. Attach data%of an rates,units,calarlations,conditions or terms and any changes it rates or team are being amended.)
j_Maxlmutrt ObIIaaUon Contract Enter Total Maximum Obigation for total duration of this Contract(or now Total if Contract Is being emended).;1.589.00•
PROMPT PAYMENT DISCOUNTS(PED). Commonwealth payments are Issued through 1145 days from invoice receipt Contractors requesting accelerated payments mast
identify a PPD as follows: Payment Issued within 10 days%PPD;Payment issued within 15 days_%PFO;Payment issued within 20 days_%PPD;Payment Issued wfthln 30
days 1%PPD. If PPD peroentaggs are left blank,identify reason: agree to standard 45 day cycle_slatutoryllegal or Ready Payments(G.L.a 29,§2361:'only Initial payment
(subsequent pa=nIs scheduled to SUP001t standard EFT 45 da t de.See I FayDhuWts P
BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT:(Enter the Contract We,purpose,WI year(s)and a detailed description of the scope of
performance or what Is being amended fora ContractAmandmenl. Attach ail supporting docornentatlom and) ficallons.) Funding for this grant Is provided through the 2012-
2013 D07 HMEP Grant:The CFDA number Is 20.703.The LEPC Intends to purchass o!lice su fan..
ANTICiPAIED START DATE: (Complete ONE option only)The Department and Contractor certify for this Contract,or CaMractAmendinent,that Contract obligations:
X 1.may bo incurrad as of the Effective Date(latest signature date below)and Ig obiigatiow have been incurred pft to the Effective Date.
_2.maybe incurred as of .210.a date LATER than the Effective Data below and ngoblNetions have been tncumM l&f to the Effective Qate.
_9.were Incurred as of____,20_,a date PRIOR to the Effective Data below,and the parties agree that payments for any obfgatkxms Incurred prior to the Ye Date are "
authorized to be made ehher as settlement payments or as authorized reimbursement payments,and that the details and circumstances or all oblgadons under this Contract are
attached and Inco=rated into this Contract. Acceptance of payments forever releases the Commonwealth from further claims related to these obi allons,
CONTRACT END DATE: Contract performance shall terrnlnate as of June 30,2013,with no ngww obligations being Incurred.after this date unless the Contract Is properly emended,
provided that the lemhs of this Contract and performance expectations and obllgadcos shall survive Its termination for the purpose of resolving any claim or dispute,for completing any
negotiated tam and warranties,to allow any dose out or transition performance,reporting,Invoicing or final payments,or during any lapse between amendments.
CERTIFICATIONS: Notwithstanding verbal or other representations by the parties,the`EHec&e Date"of this Contract or Amendment shall be the latest date that Uils Contract or
Amendment has been executed by an authorized signatory of the Contrador,the Department,or a later Contract or Amendment Start Dale spedW above,sub)ed to any required
approvals. The Contractor makes all certifk aliens required under the attached Contractor Ceff&akns(Incorporated by reference ff not attached hereto)under the pains and
penaltfes of perjury,agrees to provide any required documentation upon request to support compliance,and agrees that all terns goveming performance of this Contract and dotrg
bushwm In Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence,the applicable Commoriwea th Terms and
Conditions this Standard Contrail form Including the instn>dk artd Contractor CertiFcations.the Request(or Response(RFR)orettter satldtation,the Contractors Response,and
additional negotiated tame,provided that additional negotiated teams will take precedence over the relevant terms In the RFR and the Contractor's Response only if made using the
process outlined In 1 CEO�MR 21.07.Incorporated herein,provided that any amended RFR or Response terms result in best value,lower pours,or a more cost effective ConfracL
Au_THORiZING SIGNATURE FOR THE CONTRACTOR: AUTHORIZING SIGNATURE FOR THE COMMONWEALTH:
X: . Date: i Z� !3 X: , Date:
(Signature and Date Must Be Handwritten At Time of 119nalure) (Signature and Date Must Be Handwritten At Time of Signature)
Print Name:_ K t C R A ro H C jv, Print Name: David Mahr
Print Tiile: f^ Print Tills:_Chief Elscal Qffllce r
(Updated 612 7120 1 1) Page 1 of 11
Issued May
COMMONWEALTH OF MASSACHUSETTS 2004
CONTRACTOR AUTHORIZED SIGNATORY LISTING
CONTRACTOR LEGAL NAME :'—t1--1U!x' O' c 1764af4111
CONTRACTOR VENDOR/CUSTOM ER CODE:
PROOF OF AUTHENTICATION OF SIGNATURE
This page is optional and is available for a department to authenticate contract signatures.
It is recommended that Departments obtain authentication of signature for the signatory
who submits the Contractor Authorized Listing.
This Section'MUST be completed by the Contractor Authorized Signatory in presence of notary.
Signatory's full legal name(print or type): C NA#e D A. Ci7H�/V
Title:
Signature as it will appear on contract or other document(Complete only in presence of note
g pP ( P Y P rY)-
AUTHENTICATED BY NOTARY OR CORPORATE CLERK(PICK ONLY ONE)AS FOLLOWS:
1, _ — (NOTARY)as a notary public certify that 1 witnessed
the signature of the aforementioned signatory above and I verified the individual's identity on this date:
,20
My commission expires on:
AFFIX NOTARY SEAL
I, (CORPORATE CLERK)certify that I witnessed the
signature of the aforementioned signatory above,that I verified the individual's identity and confirm the individual's
authority as an authorized signatory for the Contractor on this date:
20
AFFIX CORPORATE SEAL
Issued May
COMMONWEALTH OF MASSACHUSETTS 2004
CONTRACTOR AUTHORIZED SIGNATORY LISTING
CONTRACTOR LEGAL NAME :
CONTRACTOR VENDOR/CUSTOMER CODE:
INSTRUCTIONS: Any Contractor (other than a sole-proprietor or an individual contractor) must provide a
listing of individuals who are authorized as legal representatives of the Contractor who can sign contracts and
other legally binding documents related to the contract on the Contractor's behalf. In addition to this listing, any
state department may require additional proof of authority to sign contracts on behalf of the Contractor, or proof
of authenticity of signature (a notarized signature that the Department can use to verify that the signature and
date that appear on the Contract or other legal document was actually made by the Contractor's authorized
signatory,and not by a representative,designee or other individual.)
NOTICE: Acceptance of any payment under a Contract or Grant shall operate as a waiver of any defense by
the Contractor challenging the existence of a valid Contract clue to an alleged lack of actual authority to
execute the document by the signatory.
For privacy purposes DO NOT ATTACH any documentation containing personal information, such as bank
account numbers, social security numbers, driver's licenses, home addresses, social security cards or any other
personally identifiable information that you do not want released as part of a public record. The Commonwealth
reserves the right to publish the names and titles of authorized signatories of contractors.
AUTHORIZJED SIGNATORY NAME TITLE
646Z-L SILL
s
I certify that I am the President, Chief Executive Officer, Chief Fiscal Officer; Corporate Clerk or Legal Counsel
for the Contractor and as an authorized officer of the Contractor I certify that the names of the individuals
identified on this listing are current as of the date of execution below and that these individuals are authorized to
sign contracts and other legally binding documents related to contracts with the Commonwealth of
Massachusetts on behalf of the Contractor. I understand and agree that the Contractor has a duty to ensure that
this listing is immediately updated and communicated to any state department with which the Contractor does
business whenever the authorized signatories above retire, are otherwise terminated from the Contractor's
employ, have their responsibilities changed resulting in their no longer being authorized to sign contracts with
ie Commonwealth or whenever new signatories are designated.
Signature Date:
Title: /)1q yC r, Telephone: q13- ]S6-6z1dt F_,K 7
Fax: yJ�-- ���-- c� y�7 Email:
Or fi),q,
[Listing can not be accepted without all of this information completed.]
A copy of this listing must be attached to the "record copy' of a contract filed «-ith the department.
MASSACHUSETTS EMERGENCY MANAGEMENT AGENCY
PROJECT MANAGNMENT OFFICE
Special Conditions and Reporting Requirements for ENIPG, CCP, and HMEP Sub-
Recipients
1. Emergency Management Performance Grant (EMPG)and Citizen Corps Program
(CCP)sub-recipients agree to adhere to all policies and guidance documents set by the
U.S. Department of Homeland Security-Federal Emergency Management Agency
(DHSIFEMA) and the Massachusetts Emergency Management Agency(MEMA)
regarding use of the U.S. DHS-FEMA federal homeland security funding.
2. Hazardous Material Emergency Preparedness(UMEP) sub-recipients agree to
adhere to all policies and guidance documents set by the U.S. Department of
Transportation—Pipeline and Hazardous Materials Safety Administration
(DOT/PHMSA)and MEMA regarding use of the U.S. DOT-PHMSA funding.
3. All sub-recipients agree that a detailed budget and plan must be submitted to MEMA for
review and approval prior to execution of a contract for grant activities. £MPG and CCP
budgets and plans shall adhere to the applicable U.S. DHS program guidelines and
application kit. HMEP budgets and plans shall adhere to the U.S. DOT PHMSA program
guidelines.
4. Any adjustment within a sub-recipient's approved budget in excess of ten percent(1 U%)
of the approved budget must be reviewed and approved by MEMA prior to expenditure.
A contract amendment may be required prior to performance under an adjusted budget.
5. Any substantive adjustment to a sub-recipient's scope of work (e.g., conduct of two
exercises rather than four)must be reviewed and approved by MEMA prior to
expenditure. A contract amendment may be required prior to performance under an
adjusted scope of work.
b. Sub-recipients agree to be compliant with the National Incident Management System
(NIMS). This includes participation (when requested) in the annual, on-line NIMSCAST.
NIMS is a comprehensive incident response system, developed by the Department of
Homeland Security as required by HSPD-5. Implementation of and compliance with
NIMS is critical to ensuring full and robust preparedness across the nation and in the
Commonwealth of Massachusetts.
1
7. Sub-recipients agrees to comply with the following-
Administrative Requirements
44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments;
2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB
Circular A-110);
Cost Principles
2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB
Circular A-87);
2 CFR Part 220, Cost-Principles for Educational Institutions(OMB Circular A-21);
2 CFR Part 230, Cost Principles for Non-Profit Organizations(OMB Circular A-122);
Federal Acquisition Regulations(FAR), Part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations.
Audit Requirements
OMB Circular A-133,Audits of States, Local Governments, and Non-Profit
Organizations
8. Sub-recipients agree that federal funds under this award will be used to supplement, and
not supplant, state or local funds.
9. Sub-recipients understand and agree that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law,
regulation or policy, at any level of government without the express prior written
approval of U.S. DHS and/or U.S. DOT.
10. Press. Sub-recipient agrees to proactively notify MEMA of any interactions or planned
media outreach regarding activities funded under this grant program.
11. Release of Information. All records, papers and other documents of any Kind related to
the funded activity in any manner and kept by sub-recipients of these funds shall be made
promptly available upon request to any person authorized by MEMA for inspection and
copying.
12. Civil Rights Requirements. All sub-recipients, regardless of the type of entity or the
amount awarded, are subject to the prohibitions against discrimination in any program or
activity and may be required by the DHS, DOT, or MEMA, through selected compliance
reviews, to submit data to ensure their services are delivered in an equitable manner to all
segments of the service population and their employment practices comply with equal
employment opportunity requirements.
2
13. Limited English Proficiency. All sub-recipients of funding under this grant are required
to take reasonable steps to ensure that persons of limited English proficiency have
meaningful access to assistance services regarding the development of proposals and
budgets and conducting grant funded activities.
14. Americans with Disabilities Act. All federal grant sub-recipients must comply with the
Americans with Disabilities Act (ADA); (i.e., "all state and local government entities do
not discriminate against people with disabilities in their programs, services and activities.
State and local governments must take steps to examine their programs and establish a
plan for compliance with the law.")
15. Discrimination Prohibited. No person shall on the grounds of race, color, religion,
national origin, sex or sexual orientation be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under or denied employment in connection
with any programs or activity funded through MEMA and shall otherwise comply with
all applicable state anti-discrimination law including but not limited to the provisions of
G.L. c.-151 B. Sub-recipients of funds are also subject to the provisions of Title VI of the
Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1974, as amended;
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681; the Age
Discrimination Act of 1975, 42 U.S.C. § 6102; and DOJ Non-Discrimination Regulations
28 CFR Part 42, Subparts C, D, E, and G.
16. Reporting of Adverse Finding of Discrimination. It is the responsibility of all sub-
recipients, sub-grantees, and contractors under grants, to report to MEMA, any finding of
discrimination after a due process hearing, on the basis of race, color, religion, national
origin, sex or sexual orientation by a federal or state court or administrative agency.
17. Equal Opportunity Program Requirements. It is the responsibility of all sub-
recipients to ensure that their employment practices comply with Equal Opportunity
Requirements, 28 CFR 42.207 and 42.301.
18, Application of Special Conditions to Sub-Recipient Grantees: If a sub-recipient
proposes to engage in sub-granting activities, it shall ensure its sub-grantees adhere to all
applicable DHS/FEMA, and/or U.S. DOT, and MEMA special conditions.
19. Reporting. Sub-recipients agree to submit timely and accurate Close-Out, Match, and
De-Obligation Reports as needed and directed. Failure to comply with this condition may
result in the withholding of sub-recipient funds until the delinquent report is received.
20. Cash Management. Sub-recipients acknowledge that this program is a reimbursable
grant program and that under no circumstances may federal funds be held in an account
pending payment of an invoice for more than 72 (business) hours from the time the funds
are transferred from the Commonwealth to the grant sub-recipient.
21. Contractor/Consultant Rates. Compensation for individual consultant services is to be
reasonable and consistent with the amount paid for similar services in the market place.
Consideration can be given to compensation, including fringe benefits, for those
individuals whose employers do not provide the same. Time and effort reports are
required for consultants.
22. Monitoring. Sub-recipients agree to cooperate with MEMA monitoring and site visits.
3
23. Safeguarding and Access to Security Sensitive Data and Information. All sub-
recipients agree to adhere to proper administrative handling when handling grant-
program related documents labeled Sensitive Security Information (SSI), Protected
Critical Infrastructure Information (PCII). For Official Use Only(FOLIO), etc.
24. Copyright/Licenses. The sub-recipient acknowledges that MEMA, DHS, and DOT
reserve a royalty-free, non-exclusive, and irrevocable license to reproduce,publish, or
otherwise use, and authorize others to use, for federal or state purposes: (1)the copyright
in any work developed under an award or sub-award; and (2) and rights of copyright to
which a sub-recipient or sub-grantee purchases ownership with Federal support.
25. Acknowledgement in Published Materials. EMPG and CCP sub-recipients agree
that any publication (e.g., written, visual, or sound) it or its contractors issues describing
programs or projects funded in whole or in part with federal funds, contain the following
statement:
"This document was prepared under a grant from FEMA's Grant Programs Directorate,
U.S. 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 FEMA's Grant Programs Directorate or the U.S. Department of Homeland
Security."
26. Acknowledgement in Published Materials. HMEP sub-recipients agree that any
publication (e.g., written, visual,or sound) it or its contractors issues describing programs
or projects funded in whole or in part with federal funds, contain the following statement:
"This document was prepared under a grant from U.S. DOT PHMSA. 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 the U.S. DOT PHMSA."
27, Procurement. Sub-recipient agrees to adhere to the applicable state, local, and other
applicable procurement requirements.
28. Equipment Specifically Intended for Regional-Use: Sub-recipients who procure these
equipment items(e.g., regional emergency shelter trailers, regional foam trailers. etc)
shall, at a minimum, meet the following requirements:
i. identify one entity as the owner who will be responsible for storage and maintenance of
the item;
i1. ensure notification, as appropriate, is provided to the surrounding communities about the
item, its use, and how to obtain further information related to the item;
iii. ensure a Standard Operation Procedure (or like document)document is developed that
details, at a minimum, the proper storage, deployment, use, and maintenance of the item:
iv. ensure a Memorandum of Understanding is developed and agreed to,as appropriate, by
entities who may request the item.
29. Disposal and sale of equipment purchased via DHS funds. Any proposed sale and/or
disposal must adhere to current MEMA policy.
4
30. User fees. Any proposed `user fees' related to equipment, items, services, etc acquired
via DHS funding must be pre-approved by MEMA.
31. Environmental Planning and Historic Preservation (EHP). EMPG and CCP sub-
recipients shall not undertake any project having the potential to impact Environmental
or Historical Preservation(EHP) resources without the prior approval of FEMA, which is
done through MEMA. EHP activities include, but are not limited to, communications
towers, physical security enhancements, new construction, and modifications to
buildings, structures and objects that are 50 years old or greater. Sub-recipients must
comply with all conditions placed on the project as the result of the EHP review. Any
change to the approved project scope of work will require re-evaluation for compliance
with these EHP requirements. If ground disturbing activities occur during project
implementation, the sub-recipient must ensure monitoring of ground disturbance, and if
any potential archeological resources are discovered, the sub-recipient will immediately
cease construction in that area and notify FEMA, MEMA, and the appropriate State
Historic Preservation Office.Any construction activities that have been initiated without
the necessary EHP review and approval will result in a non-compliance finding and will
not be eligible for FEMA funding.
32. Property acquired with grant funds. MEMA requires that property- with a unit cost of
$500.00 or greater and that has a shelf-life of one year or greater- acquired with federal
homeland security grant funds be tagged and tracked using a computer-based inventory
system. EMPG and CCP sub-recipients agree, when practicable, any equipment
purchased with homeland security grant funding shall be prominently marked as follows:
"Purchased with funds provided by the U.S. Department of Homeland Security."
33. Reporting of violations (fraud,waste, and abuse). It is the responsibility of all grant
sub-recipients and their respective agency personnel, grantees, and contractors under
grants, to report to MEMA any alleged violations, serious irregularities, sensitive issues,
or overt or covert acts that would use public funds or perform program or administrative
requirements in a manner not consistent with grantor agency statutes, related laws and
regulations,appropriate guidelines, or purposes or objectives of the grant.
34. Federal Drug Free Workplace Requirements. As required by the Drug-Free
Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620—
A. The applicant certifies that it will or will continue to provide a drug-free
workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that wi II be taken against employees for
violation of such prohibition,
(b) Establishing an on-going drug-free awareness program to inform
employees about—
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling. rehabilitation, and employee
assistance programs; and
(4) The penalties that may be unposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
5
(d) Notifying the employee in the statement required by paragraph (a) that,
as a condition of employment under the grant, the employee will—
(I) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after
receiving notice under subparagraph (d)(2) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to:
Department of Justice, Office of Justice Programs, ATTN: Control
Desk, 810 7`s Street,N.W., Washington, D.C. 20531.Notice shall
include the identification number(s)of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted—
Taking appropriate personnel action against such an employee,
up to and including termination,consistent with the requirements
of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State,or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs(a), (b), (c),(d), (e),
and (f).
B. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant: Place of
Performance(Street address, city, county, state, zip code)
35. Lobbying. As required by Section 1352,Title 31 of the U.S. Code,and implemented at
28 CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the sub-recipient certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting
to influence 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 making of any Federal
grant, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment,-or modification of any
Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or
will be paid to any-person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL,
"Disclosure of Lobbying Activities," in accordance with its
instructions;
6
(c) The undersigned.shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers
(including sub-grants, contracts under grants and cooperative
agreements, and subcontracts)and that all sub-recipients shall certify
and disclose accordingly.
36. Debarment, Suspension, and Other Responsibilities. As required by Executive Order
12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective
participants in primary covered transactions, as defined at 28 CFR Part 67, Section
67.510--
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, sentenced to a denial of Federal benefits by a State
or Federal court, or voluntarily excluded from covered transactions by
any Federal department or agency;
(b) Have not within a three-year period preceding this application been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity(Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (1)(b)of
this certification; and
(d) Have not within a three-year period preceding this application had one
or more public transactions(Federal, State, or local)terminated for
cause or default; and
B. Where the applicant is unable to certify to any of the statements in this
certification, he or she shall attach an explanation to this application.
37. Internet Access. Sub-recipients must have Internet access.
38. Email addresses. Sub-recipient project directors of grant programs must have individual
email addresses.
As the duly authorized representative of the sub-recipient,I hereby certify that the sub-
rec�pient will comply with th above conditions.
Signature of A orized Signato Date
L ffY,51 r_FZ J . A ; G P. 4 ��, _ I �
Printed Name Title
r
7
On Completing the Contractor Authorized Signatory List CASL Document:
The person signing the contract must be authorized by the entity receiving the grant to
sign contracts.
The CASL document is the form used for this authorization.
This two-page form must be completed by MEMA sub-recipients (the "Contractor") in
order to process your contract; both pages must be completed -the second page must
be notarized.
The Contractor(i.e., the entity receiving this grant - Municipality, Tribe, etc) must provide
a listing of individual(s) who are authorized as legal representatives of the Contractor
who can sign contracts and other legally binding documents related to the contract on
the Contractor's behalf.
The person signing the contract must be listed in the table on page 7 of the CASL. In
addition, this person must provide a notarized specimen of their signature on page 2 of
the CASL.
The individual who authorizes the above-referenced individual(s) must be either a Mayor,
Town Manager, President, CEO, CFO, Corporate Clerk, or Legal Counsel for the entity
receiving the contract. This authorizing individual would provide their: signature, date,
and requested contact information on page 1 of the CASL
The authorizing individual — unless they are the Mayor, Town Manager, President, CEO,
CFO, Corporate Clerk, or Legal Counsel - cannot authorize himself/herself to sign the
contract.
MEMA must have the completed and original copy of the CASL in order to process
contracts. �-
r
TR-2013-8
A RESOLUTION ACCEPTING A GRANT FROM COMMONWEALTH OF
MASSACHUSETTS EMERGENCY MANAGEMENT AGENCY
PURSUANT TO MASSACHUSETTS GENERAL LAWS
CHAPTER 44, SECTION 53A TO AGAWAM EMERGENCY MANAGEMENT
(Sponsored by Richard A. Cohen)
WHEREAS, the Town of Agawam applied for and received a grant from
the Massachusetts Emergency Management Agency; and
WHEREAS, the Agawam Emergency Management desires to accept said
grant; and
WHEREAS, the grant is in the amount of one thousand five hundred
eighty-nine and 00/100 ($1,589.00) dollars;
WHEREAS, Agawam Emergency Management will use the funds to
purchase necessary emergency management supplies; and
WHEREAS, it is in the best interests of the Town of Agawam to accept the
grant from the Massachusetts Emergency Management Agency.
NOW THEREFORE, the Agawam City Council hereby resolves pursuant
to M.G.L. c.44, §53A to accept this grant from Massachusetts Emergency
Management Agency.
DATED THIS DAY OF , 2013.
PER ORDER OF THE AGAWAM CITY COUNCIL
c")
0
-.+ x
Christopher C. Johnson, President ��
x v
w :;Er
A OVED TO FORM AND LEGALITY 3
t D ao
-77 -T,
Vincent F. ioscia, Solicitor �,,,
COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM z
This form Is jointly issued and published by the Executive QftW for Administration and Finance(ANF),the Otr a of the Comotreifer(CTRI and the Operational Sehvlces OMsbn fOSO)
as the default contract for all Commonwealth Departments when another form Is not prescribed by regulation or policy.Any changes to the official printed language of this form shall be
void. Additional non-cpnfikting terms may be added by Attachment Contractors may not require any additional agroements,engagement letters,contract fours or other additional terms
as part of this Contract without prior Department approval. Click on hyperlinks for definitions,Instructions and legal requirements that are incorporated by reference into this Contract An
electronic copy of this form is available at wvnw.mass.govlosc under Guldlnce For Vendors-Fors or twnv.mass.00vfosd under OD-Ea.
CONTRACTOR LEGAL NAME: TOWN OFAGAWAM COMMONWEALTH DEPARTMENT NAME: Massachusetts Emergency Management
(and dlbla): Agawam LEPC Agency
MMARS Department : COA
Legal Address: 1000 Suffield Street,Agawam,MA 01001 Business Md0RgAddresa: 400 Worcester Road,Framingham,MA 01702•S399
Contract Manager; Chester Nicola Jr. Blllina Address Of different):
E-Mail; emdirector@agawam.ma.us Contract Manaaar:David Cruz
Phone: 413 786-6425 fax: E Mall: QavW.CruzLestale.ma.us
Contractor Vendor C: VC60001191692 Phone:508.820.2009 Fax. 508.820.2030
Vendor Code Address 10(e.g."AD0018): AD001_,-, MMARS Doc IDfsi:FY13HEMP000000DAGAWA
(note:The Address Id Must be set up for EFT payments.) RFRIProcurament or Other ID Number:2012.2013 HMEP
__L NEW CONTRACT T CONTRACT AMENDMENT
P$OCUREMENT OR EXCEPTION TYPE:(Check one option only) Enter Current Contract End Date Prforto Amendment .20___,
_Statewide Contract(OSQ oran OSDdesignafed Department) Enter Amendment Amount 5 .(or'no change')
C21lective Purchase(Atfaclh OSD approval,scope,budget) AMENDMENT TYPE:(Check one option only.Attach details of Amendment changes.)
X Department Procurement(Includes State or Federal grants 815 CMR 2.00) _Amendment to Scong_ar B_udcret(Attach updated scope and budget)
(Attach RFR and Response or other procurement supporting documentation)_Ememencv Contract_(Attach justiOCation for emergency,scope,budget} ^Interim Contract(Attach JusGfkagon for Interim Contract and updated scapelbudget)
Contract Employee(Attach Empoyment Status Fomn scope,budget) _9cQfLctt Employee(Attach any updates to scope of budget)
Leatslalivelleaal or Other.(Attach atrt xxWng languageljusiiiication,scope and LWslativelLenal or Other:(Attach authorizing languageRustiffcatfon and updated
budget) scope and budgeQ
The following COMMONWEALTH TERMS AND CONDITIONS(i&C)has been executed,filed with CTR and is Incorporated by reference Into this Contract.
Sl.Commonwealth Terms and Conditions _Commonwealth Temxs and Conditions For Human and Social SeAes
COMPENSATION:(Check ONE option):The Deparlmeal certifies that payments for authorized performance accepted In accordance with the terms of this Contract will be supported
In the state accounting system by sufficient appropdatons orolher non-appropriated funds subject to Intercept for Commonwealth awed debts under 815 CMR 9,00.
_Rate Contrast(No Maxlnwm 00galion. Attach deta➢s of aA rates,units,calarla&m.conditions or terms and any changes if rates or terms are being amended.)
X Maximum_Obllitatlon_Contracl Enter Total Maximum Obligation for total duration of this Contract(or now Total It Contract Is being amended).S1.b89.00.
PROMPT PAYMENT DISCOUNTS(PQ), Commorovealth payments are Issued through M 45 days from lmke receipt Contractors requesting accelerated payments must
Identify a PPD as follows: Payment Issued within 10 days%PPD;Payment Issued within 15 days_%PPD;Payment Issued within 20 days_%PPD;Payment issued within 30
days 96 PPD. if PPD pereenlaggs are left blank,Identify reason:_ogres to standard 45 day cycle_statutoryllegal or Ready Payments(G.L.a 29A 23A);_only Initial payment
(subsequent paonis scheduled to supW standard EFT 45 da payment ycle.See PMMt Pa D is P
BRIEF DESCRIPIMOF CONTRACTPEI MIMANCE or REASON FORAM ENDMENT:(Enterthe Contract title,purpose,fiscal year(s)and a detailed desatpbGn of the scope of
performance or what Is being amended fora Contract Amendment Attach all supporting documentation and fustifications.) Funding for this grant Is provided through the 2012•
2013 DOT HMEP Grant:The CFDA number Is 20.703.The LEPC Intends to purchase oflEce sa Iles..
ANTICIPATED START DATE: (Complete ONE option only)The Department and Contractor cerGly far this Contract,or Cordract Amendment,that Contact obligations:
X 1.may be hatred as of Ole Effective Die(latest signature date below)and 02 oblkJ ku have been incurred DrIor to the Effective Date
_2.may be Incurred as of 20_a date LATER Own the Elfeclive Date below and Dg obfgations have been incurred gifff to the Effective Dafe.
_3.were Incurred as of .20_,a date PRIOR to the Effective Date below,and the parties agree that payments for any obligations incurred prior to the Effective Date are .
aW►orized to be made efilm as settlement payments ores authorized reimbursement payments,and that the details and circumstances of all obligations under this Contract are
attached and I raced into this Contract.Acceptance of is forever releases the Commonwealth from further claims related to these obPgations.
CONTRACT END DATE: Contract performance shall terminate as of June 30,M3 with no nerr obligations being lncurred.after thfs.date unless the Contract Is properly amended,
provided that the terms of this Contract and performance expectations and obligations shall survive its tennbhatlon for the purpose of resolving any claim or dispute,for completing any
negotiated terns and warranties,to allow any dose out or transition performance,reporting,invoicing or final payments,or during any lapse between amendments.
CERTIF(�[QN§. Notwithstanding verbal or other representations by the parties,the`Effective Date"of this Contract or Amendment shall be the latest data that this Contract or
Amendment has been executed by an authorized signatory of the Contractor,the Department or a later Contract or Amendment Start Date speoAx!above,subject to any required
approvals. The Contractor makes all certifications required under the attached Contractor Certiticatorhs(incorporated by reference If not attached hereto)under the pains and
penalties of perjury,agrees to provide any required documentation upon request to support cofroiance,and agrees that all terms governing performance of this Contract and doing
business in fassachusetts are attached or incorporated by reference hereln according to the following hierarchy of document precedence,the applicable Comoro mBh Tem and
Conditions.this Standard Contract Form including the lns of Certifications,the Request for Response(RFR)or other solicitation,the Contrador's Response,and
additional negotiated learns,provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contmclor's Response only If made using the
prop ss outlined In $01 CMR 21.07.incorporated hareln,provided that any amended RFR or Response terns result In best value,lower costs,or a more cost effective ContracL
AUTHORVING SIGNATURE FOR THE CONTRACTOR: AUTHORIZING SIGNATURE FOR THE COMMONWEALTH:
X: Date: A
i1 / X: Date:
(Signature and Date Must Be Handwritten At Tithgna ore) (Signature and Date Must Be Handwritten At Time of Slgnature)
Print Name: Cleit r D C Print Name: David Mahr _
Print Title: 19 4 Y r2/1 Print Title: Chief Fiscal Officer _
(Updated 6127/2011) Page 1 of 11
Issued May
COMMONWEALTH OF MASSACHUSETTS 2004
CONTRACTOR AUTHORIZED SIGNATORY LISTING 4L\
CONTRACTOR LEGAL NAME :'--re—,,!A,
CONTRACTOR VENDOR/CUSTOMER CODE: Vj
PROOF OF AUTHENTICATION OF SIGNATURE
This page is optional and is available for a department to authenticate contract signatures.
It is recommended that Departments obtain authentication of signature for the signatory
who submits the Contractor Authorized Listing.
This Section'MUST be completed by the Contractor Authorized Signatory in presence of notary.
Signatory's full legal name(print or type): IYj .1{yp/'Z R i C HA R JD /q, Cif H /V
Title: m�yo2
Sinature as it will appear on contract or other document(Complete only in presence of
g PPe ( P Y p notary):
AUTHENTICATED BY NOTARY OR CORPORATE CLERK(PICK ONLY ONE)AS FOLLOWS:
Q� 1, (NOTARY)as a notary public certify that 1 witnessed
the signature of the aforementioned signatory above and I verified the individual's identiry on this date:
20
My commission expires on:
AFFIX NOTARY SEAL
I, (CORPORATE CLERK)certifl,that I witnessed the
signature of the aforementioned signatory above,that I verified the individual's identity and confirm the individual's
authority as an authorized signatory for the Contractor on this date:
20
AFFIX CORPORATE SEAL
Issued May
COMMONWEALTH OF MASSACHUSETTS 2004
CONTRACTOR AUTHORIZED SIGNATORY LISTING
CONTRACTOR LEGAL NAME :
CONTRACTOR VENDOR/CUSTOMER CODE:
INSTRUCTIONS: Any Contractor (other than a sole-proprietor or an individual contractor) must provide a
listing of individuals who are authorized as legal representatives of the Contractor who can sign contracts and
other legally binding documents related to the contract on the Contractor's behalf In addition to this listing, any
state department may require additional proof of authority to sign contracts on behalf of the Contractor,or proof
of authenticity of signature (a notarized signature that the Department can use to verify that the signature and
date that appear on the Contract or other legal document was actually made by the Contractor's authorized
signatory,and not by a representative,designee or other individual.)
NOTICE: Acceptance of any payment under a Contract or Grant shall operate as a waiver of any defense by
the Contractor challenging the existence of a valid Contract due to an alleged lack of actual authority to
execute the document by the signatory.
For privacy purposes DO NOT ATTACH any documentation containing personal information, such as bank
account numbers, social security numbers, driver's licenses, home addresses, social security cards or any other
personally identifiable information that you do not want released as part of a public record. The Commonwealth
reserves the right to publish the names and titles of authorized signatories of contractors.
AUTHORIZJED SIGNATORY NAME TITLE
I certify that I am the President, Chief Executive Officer, Chief Fiscal Officer; Corporate Clerk or Legal Counsel
for the Contractor and as an authorized officer of the Contractor I certify that the names of the individuals
identified on this listing are current as of the date of execution below and that these individuals are authorized to
sign contracts and other legally binding documents related to contracts with the Commonwealth of
Massachusetts on behalf of the Contractor. I understand and agree that the Contractor has a duty to ensure that
this listing is immediately updated and communicated to any state department with which the Contractor does
business whenever the authorized signatories above retire, are otherwise terminated from the Contractor's
employ, have their responsibilities changed resulting in their no longer being authorized to sign contracts with
to Commonwealth or whenever new signatories are designated.
Signature
- -- Date:
Title: /}7.a yG re Telephone: Ll i.3- 7 n ADC ie�K 7 b'�?oz)
Fax: y13 - 91 _ f,� q Email: J�L&J_� C_ �Ci icy►}t , ���. b! ,
[Listing can not be accepted without all of this information completed.]
A copy of this listing must be attached to the "record copy" of a contract filed -with the department.
MASSACHUSETTS EMERGENCY MANAGEMENT AGENCY
PROJECT MANAGNMENT OFFICE
Special Conditions and Reporting Requirements for EMPG, CCP, and HMEP Sub-
Recipients
I. Emergency Management Performance Grant (EMPG)and Citizen Corps Program
(CCP)sub-recipients agree to adhere to all policies and guidance documents set by the
U.S. Department of Homeland Security-Federal Emergency Management Agency
(DHS/FEMA) and the Massachusetts Emergency Management Agency(MEMA)
regarding use of the U.S. DHS-FEMA federal homeland security funding.
2. Hazardous Material Emergency Preparedness (HMEP)sub-recipients agree to
adhere to all policies and guidance documents set by the U.S. Department of
Transportation—Pipeline and Hazardous Materials Safety Administration
(DOT/PHMSA)and MEMA regarding use of the U.S. DOT-PHMSA funding.
3. All sub-recipients agree that a detailed budget and plan must be submitted to MEMA for
review and approval prior to execution of a contract for grant activities. EMPG and CCP
budgets and plans shall adhere to the applicable U.S. DHS program guidelines and
application kit. HMEP budgets and plans shall adhere to the U.S. DOT PHMSA program
guidelines.
4. Any adjustment within a sub-recipient's approved budget in excess of ten percent(10%)
of the approved budget must be reviewed and approved by MEMA prior to expenditure.
A contract amendment may be required prior to performance under an adjusted budget.
5. Any substantive adjustment to a sub-recipient's scope of work(e.g., conduct of two
exercises rather than four)must be reviewed and approved by MEMA prior to
expenditure. A contract amendment may be required prior to performance under an
adjusted scope of work.
6. Sub-recipients agree to be compliant with the National Incident Management System
(NIMS). This includes participation (when requested) in the annual,on-line NIMSCAST.
NIMS is a comprehensive incident response system, developed by the Department of
Homeland Security as required by HSPD-5. Implementation of and compliance with
NIMS is critical to ensuring full and robust preparedness across the nation and in the
Commonwealth of Massachusetts.
7. Sub-recipients agrees to comply with the Following:
Administrative Requirements
44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments;
2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB
Circular A-110);
Cost Principles
2 CFR Part 225,Cost Principles for State, Local,and Indian Tribal Governments (OMB
Circular A-87);
2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21);
2 CFR Part 230, Cost Principles for Non-Profit Organizations(OMB Circular A-122);
Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations.
Audit Requirements
OMB Circular A-133,Audits of States, Local Governments, and Non-Profit
Organizations
8. Sub-recipients agree that federal funds under this award will be used to supplement, and
not supplant, state or local funds.
9. Sub-recipients understand and agree that it cannot use any federal funds,either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law,
regulation or policy, at any level of government without the express prior written
approval of U.S. DHS and/or U.S. DOT.
10. Press. Sub-recipient agrees to proactively notify MEMA of any interactions or planned
media outreach regarding activities funded under this grant program.
11. Release of Information. All records, papers and other documents of any kind related to
the funded activity in any manner and kept by sub-recipients of these funds shall be made
promptly available upon request to any person authorized by MEMA for inspection and
copying.
12. Civil Rights Requirements. All sub-recipients, regardless of the type of entity or the
amount awarded, are subject to the prohibitions against discrimination in any program or
activity and may be required by the DHS, DOT, or MEMA, through selected compliance
reviews,to submit data to ensure their services are delivered in an equitable manner to all
segments of the service population and their employment practices comply with equal
employment opportunity requirements.
2
13. Limited English Proficiency. All sub-recipients of funding under this grant are required
to take reasonable steps to ensure that persons of limited English proficiency have
meaningful access to assistance services regarding the development of proposals and
budgets and conducting grant funded activities.
14. Americans with Disabilities Act. All federal grant sub-recipients must comply with the
Americans with Disabilities Act (ADA); (i.e., "all state and local government entities do
not discriminate against people with disabilities in their programs, services and activities.
State and local governments must take steps to examine their programs and establish a
plan for compliance with the law.")
15. Discrimination Prohibited. No person shall on the grounds of race, color, religion,
national origin, sex or sexual orientation be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under or denied employment in connection
with•any programs or activity funded through MEMA and shall otherwise comply with
all applicable state anti-discrimination law including but not limited to the provisions of
G.L. c. 151 B. Sub-recipients of funds are also subject to the provisions of Title VI of the
Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1974, as amended;
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681; the Age
Discrimination Act of 1975, 42 U.S.C. § 6102, and DOJ Non-Discrimination Regulations
28 CFR Part 42, Subparts C, D, E, and G.
16. Reporting of Adverse Finding of Discrimination. It is the responsibility of all sub-
recipients, sub-grantees, and contractors under grants, to report to MEMA, any finding of
discrimination after a due process hearing, on the basis of race, color, religion, national
origin, sex or sexual orientation by a federal or state court or administrative agency.
17. Equal Opportunity Program Requirements. It is the responsibility of all sub-
recipients to ensure that their employment practices comply with Equal Opportunity
Requirements, 28 CFR 42.207 and 42.301.
18. Application of Special Conditions to Sub-Recipient Grantees: If a sub-recipient
proposes to engage in sub-granting activities, it shall ensure its sub-grantees adhere to all
applicable DHS/FEMA, and/or U.S. DOT, and MEMA special conditions.
19. Reporting. Sub-recipients-agree to submit timely and accurate Close-Out, Match, and
De-Obligation Reports as needed and directed. Failure to comply with this condition may
result in the withholding of sub-recipient funds until the delinquent report is received.
20. Cash Management. Sub-recipients acknowledge that this program is a reimbursable
grant program and that under no circumstances may federal funds be held in an account
pending payment of an invoice for more than 72 (business) hours from the time the fiends
are transferred from the Commonwealth to the grant sub-recipient.
21. Contractor/Consultant Rates. Compensation for individual consultant services is to be
reasonable and consistent with the amount paid for similar services in the market place.
Consideration can be given to compensation, including fringe benefits, for those
individuals whose employers do not provide the same. Time and effort reports are
required for consultants.
22. Monitoring. Sub-recipients agree to cooperate with MEMA monitoring and site visits.
3
23. Safeguarding and Access to Security Sensitive Data and Information. All sub-
recipients agree to adhere to proper administrative handling when handling grant-
program related documents labeled Sensitive Security Information (SSI), Protected
Critical Infrastructure Information (PC11). For Official Use Only(FOLIO), etc.
24. Copyright/Licenses. The sub-recipient acknowledges that MEMA, DHS, and DOT
reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or
otherwise use, and authorize others to use, for federal or state purposes: (1)the copyright
in any work developed under an award or sub-award; and (2) and rights of copyright to
which a sub-recipient or sub-grantee purchases ownership with Federal support.
25. Acknowledgement in Published Materials. EMPG and CCP sub-recipients,agree
that any publication (e.g., written, visual, or sound) it or its contractors issues describing
programs or projects funded in whole or in part with federal funds, contain the following
statement:
"This document was prepared under a grant from FEMA's Grant Programs Directorate,
U.S. 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 FEMA's Grant Programs Directorate or the U.S. Department of Homeland
Security."
26. Acknowledgement in Published Materials. HMEP sub-recipients agree that any
publication(e.g., written, visual,or sound) it or its contractors issues describing programs
or projects funded in whole or in part with federal funds, contain the following statement:
"This document was prepared under a grant from U.S. DOT PHMSA. 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 the U.S. DOT PHMSA."
27. Procurement. Sub-recipient agrees to adhere to the applicable state, local, and other
applicable procurement requirements.
28. Equipment Specifically Intended fdr Regional-Use: Sub-recipients who procure these
equipment items (e.g., regional emergency shelter trailers, regional foam trailers, etc)
shall, at a minimum, meet the following requirements:
i. identify one entity as the owner who will be responsible for storage and maintenance of
the item;
ii. ensure notification, as appropriate, is provided to the surrounding communities about the
item, its use, and how to obtain further information related to the item;
iii. ensure a Standard Operation Procedure (or like document)document is developed that
details, at a minimum, the proper storage, deployment, use, and maintenance of the item;
iv. ensure a Memorandum of Understanding is developed and agreed to,as appropriate, by
entities who may request the item.
24. Disposal and sale of equipment purchased via DHS funds. Any proposed sale and/or
disposal must adhere to current MEMA policy.
4
30. User Fees. Any proposed `user fees' related to equipment, items, services, etc acquired
via DHS funding must be pre-approved by MEMA.
31. Environmental Planning and Historic Preservation (EHP). EMPG and CCP sub
recipients shall not undertake any project having the potential to impact Environmental
or Historical Preservation(EHP) resources without the prior approval of FEMA, which is
done through MEMA. EHP activities include, but are not limited to, communications
towers, physical security enhancements, new construction, and modifications to
buildings, structures and objects that are 50 years old or greater. Sub-recipients must
comply with all conditions placed on the project as the result of the EHP review. Any
change to the approved project scope of work will require re-evaluation for compliance
with these EHP requirements. If ground disturbing activities occur during project
implementation, the sub-recipient must ensure monitoring of ground disturbance, and if
any potential archeological resources are discovered, the sub-recipient will immediately
cease construction in that area and notify FEMA, MEMA, and the appropriate State
Historic Preservation Office. Any construction activities that have been initiated without
the necessary EHP review and approval will result in a non-compliance finding and will
not be eligible for FEMA funding.
32. Property acquired with grant funds. MEMA requires that property- with a unit cost of
$500.00 or greater and that has a shelf-life of one year or greater- acquired with federal
homeland security grant funds be tagged and tracked using a computer-based inventory
system. EMPG and CCP sub-recipients agree, when practicable, any equipment
purchased with homeland security grant funding shall be prominently marked as follows:
"Purchased with funds provided by the U.S. Department of Homeland Security."
33. Reporting of violations (fraud,waste,and abuse). It is the responsibility of all grant
sub-recipients and their respective agency personnel, grantees, and contractors under
grants,to report to MEMA any alleged violations, serious irregularities, sensitive issues,
or overt or covert acts that would use public funds or perform program or administrative
requirements in a manner not consistent with grantor agency statutes, related laws and
regulations,appropriate guidelines, or purposes or objectives of the grant.
34. Federal Drug Free Workplace Requirements. As required by the Drug-Free
Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67 Sections 67.615 and 67.620—
A. The applicant certifies that it will or will continue to provide a drug-free
workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture,distribution,dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform
employees about—
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
5
(d) Notifying the employee in the statement required by paragraph (a) that,
as a condition of employment under the grant, the employee will—
(]) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after
receiving notice under subparagraph (d)(2)from an employee or
othenvise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to--
Department of Justice, Office of Justice Programs, ATTN: Control
Desk, 810 7'h Street,N.W., Washington, D.C. 20531.Notice shall
include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted—
(I) Taking appropriate personnel action against such an employee,
up to and including termination, consistent with the requirements
of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs(a), (b), (c),(d), (e),
and (f).
B. The grantee may insert in the space provided below the site(s)for the
performance of work done in connection with the specific grant: Place of
Performance(Street address, city, county, state, zip code)
35. Lobbying. As required by Section 1352, Title 31 of the U.S. Code,and implemented at
28 CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the sub-recipient certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting
to influence 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 making of any Federal
grant, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment,'or modification of any
Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL,
"Disclosure of Lobbying Activities," in accordance with its
instructions;
6
(c) The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers
(including sub-grants, contracts under grants and cooperative
agreements, and subcontracts)and that all sub-recipients shall certify
and disclose accordingly.
36. Debarment, Suspension,and Other Responsibilities. As required by Executive Order
12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective
participants in primary covered transactions, as defined at 28 CFR Part 67, Section
67.510--
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, sentenced to a denial of Federal benefits by a State
or Federal court, or voluntarily excluded from covered transactions by
any Federal department or agency;
(b) Have not within a three-year period preceding this application been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public(Federal, State,
or local)transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity(Federal, State, or local)with
commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and
(d) Have not within a three-year period preceding this application had one
or more public transactions(Federal, State, or local)terminated for
cause or default; and
B. Where the applicant is unable to certify to any of the statements in this
certification, he or she shall attach an explanation to this application.
37. Internet Access. Sub-recipients must have Internet access.
38. Email addresses. Sub-recipient project directors of grant programs must have individual
email addresses.
As the duly authorized representative of the sub-recipient,I hereby certify that the sub-
recipient will comply with th above conditions.
�'4W4 Ir, . 3
Signature of A orized Signatow Date
LftESir�2 4 l`, 20 1,3
Printed Name Title
f t.l 67
7
On Completing the Contractor Authorized Signatory List (CASL) Document:
The person signing the contract must be authorized by the entity receiving the grant to
sign contracts.
The CASL document is the form used for this authorization.
This two-page form must be completed by MEMA sub-recipients (the "Contractor") in
order to process your contract; both pages must be completed -the second page must
be notarized.
The Contractor(i.e., the entity receiving this grant- Municipality, Tribe, etc) must provide
a listing of individual(s) who are authorized as legal representatives of the Contractor
who can sign contracts and other legally binding documents related to the contract on
the Contractor's behalf.
The person signing the contract must be listed in the table on page 1 of the CASL. In
addition, this person must provide a notarized specimen of their signature on page 2 of
the CASL.
The individual who authorizes the above-referenced individual(s) must be either a Mayor,
Town Manager, President, CEO, CFO, Corporate Clerk, or Legal Counsel for the entity
receiving the contract. This authorizing individual would provide their: signature, date,
and requested contact information on page 1 of the CASL
The authorizing individual — unless they are the Mayor. Town Manager, President, CEO,
CFO, Corporate Clerk, or Legal Counsel - cannot authorize himself/herself to sign the
contract.
MEMA must have the completed and original copy of the CASL in order to process
contracts.