State of New Hampshire Department of Safety DOS 561-18.pdf · New Hampshire is a New England state with 9,282 square miles and a population of 1.3 million citizens, protected through

State of New Hampshire Department of Safety

REQUEST FOR PROPOSALS #RFP 561-18

For

All-Hazards Fire & EMS

Training Needs Assessment

ISSUE DATE: June 12, 2017

New Hampshire Department of Safety ALL-HAZARDS FIRE AND EMS TRAINING NEEDS ASSESSMENT #RFP-561-18

Page 2

TABLE OF CONTENTS

SECTION 1: INTRODUCTION .............................................................................................................. 4

1.1 Purpose of the Request for Proposals .............................................................................................. 4

1.2 Contract Period ................................................................................................................................ 4

SECTION 2: BACKGROUND AND REQUIRED SERVICES ............................................................ 4

2.1 Background Information .................................................................................................................. 4

2.2 Results .............................................................................................................................................. 5

2.3 Eligibility ......................................................................................................................................... 5

2.4 Scope ................................................................................................................................................ 6

2.5 Requirements ................................................................................................................................... 7

2.6 Reports and Monitoring ................................................................................................................... 8

SECTION 3: FINANCE ............................................................................................................................ 8

3.1 Request for Proposals Funding and Invoicing ................................................................................. 8

3.2 Appropriate Use of Funds ................................................................................................................ 9

3.3 Cost Liability ................................................................................................................................... 9

SECTION 4: PROPOSAL PROCESS AND SUBMISSION ............................................................... 10

4.1 Procurement Timetable .................................................................................................................. 10

4.2 Bidders’ Questions ......................................................................................................................... 10

4.3 Bidders’ Conference ...................................................................................................................... 11

4.4 Proposal Instructions and Requirements ........................................................................................ 11

SECTION 5: PROPOSAL REVIEW AND EVALUATION ............................................................... 13

5.1 Proposal Face Sheet, Proposal Checklist and Table of Contents ................................................... 13

5.2 Organization’s Capacity ................................................................................................................. 13

5.3 Plan of Operations.......................................................................................................................... 13

5.4 Budget and Justification ................................................................................................................. 13

5.5 Format ............................................................................................................................................ 14

SECTION 6: PROCEDURES FOR SELECTION AND NOTIFICATION ...................................... 14 6.1 Notice of Selection Procedures ......................................................................................................... 14

6.2 Unsuccessful Bidder Notice .............................................................................................................. 14

New Hampshire Department of Safety ALL-HAZARDS FIRE AND EMS TRAINING NEEDS ASSESSMENT #RFP-561-18

Page 3

SECTION 7: CONTRACT TERMS AND CONDITIONS ..................................................................... 15

7.1 Sample Contract ............................................................................................................................... 15

7.2 Contract Submittal Timeliness ......................................................................................................... 15

7.3 Proposal Understanding ...................................................................................................................... 15

7.4 Proposal Validity .............................................................................................................................. 15

7.5 Public Record ...................................................................................................................................... 15

7.6 Amendments ........................................................................................................................................ 16

7.7 Cancellation ......................................................................................................................................... 16

SECTION 8: OWNERSHIP OF WORKS ................................................................................................ 16

SECTION 9: SAMPLE CONTRACT DOCUMENTS ............................................................................ 16

9.1 Appendix A – Exceptions to Terms and Conditions .......................................................................... 17

9.2 Appendix B – Contract Minimum Requirements and Sample Contract Documents ......................... 18

FORM P-37 ........................................................................................................................................ 18

EXHIBIT A Special Provisions ......................................................................................................... 22

EXHIBIT B Scope of Services, Requirements, and Reporting ......................................................... 23

EXHIBIT C Terms of Payment ......................................................................................................... 26

EXHIBIT D Comprehensive General Liability Insurance Form ...................................................... 27

EXHIBIT E Grant Terms and Conditions ......................................................................................... 29

EXHIBIT F Acceptance of Audit Requirements .............................................................................. 46

EXHIBIT G Assurances and Lobbying Certification ....................................................................... 47

EXHIBIT H Federal Funding Accountability and Transparency Act ............................................ 50

EXHIBIT I Local Special Conditions ............................................................................................. 52

9.3 Appendix C – Certificate of Good Standing Instructions ................................................................... 54

9.4 Appendix D – Certificate of Vote/Authority Instructions .................................................................. 55

9.5 Appendix E – Federal Core Capability List ........................................................................................ 56

9.5 Appendix F – Proposal Forms ............................................................................................................. 57

New Hampshire Department of Safety ALL-HAZARDS FIRE AND EMS TRAINING NEEDS ASSESMENT #RFP-561-18

Page 4 Initials of Authorized Official: __________ Date: ______________________________

1. INTRODUCTION

1.1 PURPOSE OF THE REQUEST FOR PROPOSALS

The New Hampshire Department of Safety (DOS) is requesting proposals addressing the requirements of the Request for Proposal (RFP) in relation to a needs assessment of Fire, Rescue, and Emergency Medical Service (EMS) training in New Hampshire. This proposal will include the following:

Determining the all-hazard training needs of Fire, Rescue, and EMS departments in New

Hampshire by collecting feedback and data relevant to the delivery, subject matter, and overall availability

Determine the relevant barriers to receiving identified training Recommendations of improvements comparing current concept of operations to identified

needs in relation to existing consensus standards, government regulations, and other nationally recognized guidance

This all-hazards training needs assessment shall address the training primary responders and consensus standards identify as gaps, including the training needed for improved coordination with ancillary disciplines such as HAZMAT, law enforcement (LE), and department of public works (DPW). This RFP (#561-18) is designed to provide interested bidders with sufficient basic information to submit proposals meeting minimum requirements; it is not intended to limit a proposal’s content or exclude any relevant or essential information.

1.2 CONTRACT PERIOD

The contract period resulting from this RFP will be effective August 23, 2017, or upon Governor and Executive Council approval, whichever is later through August 30, 2018.

2. BACKGROUND AND REQUIRED SERVICES

2.1 BACKGROUND INFORMATION

New Hampshire is a New England state with 9,282 square miles and a population of 1.3 million citizens, protected through a variety of emergency response organizations. The multi-faceted mission of the DOS encompasses protection of the lives and safety of citizens and visitors to the state. The Division of Fire Standards and Training and Emergency Medical Services (Division) is committed to training, educating, and certifying emergency and community responders. It is carried out in partnership with other state agencies, elected and appointed municipal officials, and other organizations that are awarded contracts by the DOS. The Division accomplishes this mission by delivering relevant and quality training and reducing barriers. The Division is governed under Revised Statutes Annotated (RSA) 21-P and



153-A. Fire protection is provided by approximately 270 departments organized as full time, combination, or volunteer services, some who are unionized. EMS is provided by approximately 350 services and 5,100 providers through fire-based, private, hospital, or non-profit organizations.

Primary Fire education is provided by the Division at two campuses, Concord and Bethlehem, as well as on site at departments throughout the state. Initial Emergency Medical Service education is primarily provided by independent licensed New Hampshire instructors and higher education institutions. Continuing medical education is provided by a variety of sources including the Division, subject matter experts, hospital personnel, and providers.

2.2 RESULTS

Through this RFP, the DOS seeks the successful evaluation of the current delivery model of state-wide fire, rescue, and EMS training, identifying gaps and opportunities for improvement.

2.3 ELIGIBILITY

The DOS is interested in receiving proposals from any qualified entity, outlining how they propose to address the requirements of the RFP. The entity will exercise considerable independent judgment and action in organizing the research and report development. The entity will report directly to the Director of Fire Standards and Training and Emergency Medical Services or designee, who will act as the state project manager. The entity will provide regular updates and receive direction and oversight. The entity must have:

proven research and analytical experience and skills with complex systems, preferably

relevant to the subject area be able to handle all manners of administration and communication relating to the

completion of the research and delivery of results be able to perform a training gap analysis and provide recommendations for improvements detailed experience and a skill set demonstrating knowledge of Fire, Rescue, and

Emergency Medical Services familiarity with ICS and NIMS experience working with government agencies and regulators

A minimum of three references describing similar research and analytical work must be provided. Entities currently funded under contract with the DOS shall be in full fiscal and programmatic compliance in order to receive consideration for an award under this RFP.



2.4 SCOPE

The responsibilities of the Contractor are as follows.

2.4.1 Identify stakeholders involved in the design, delivery, oversight, and receipt of Fire, Rescue, HAZMAT, and Emergency Medical Service training within New Hampshire, including the stakeholders dependencies and interactions with ancillary services, including but not limited to LE and DPW;

2.4.2 Assemble research data identifying best practices in training methods and delivery, training regulation and legislation, opportunities and restrictions, to specifically include best practices that produce effective training operations, as well as gaps and barriers to meeting best practices;

2.4.3 Create a database matrix visually highlighting a SWOT-type (Strengths, Weaknesses, Opportunities, Threats) analysis of the data gathered on the current training delivery system and topics;

2.4.4 Determine the role of the state, advisory boards, local governments, departments, associations, and stakeholders in the establishment and enforcement of training standards, regardless of type or location;

2.4.5 Include a review of the challenges faced by Fire, Rescue, and Emergency Medical Services in meeting broad spectrum all-hazard training to rural and remote areas of the state, including but not limited to professional interactions and dependencies related to ancillary disciplines such as HAZMAT and LE and DPW;

2.4.6 Provide recommendations related to the overall availability, delivery, and organization of Fire and Emergency Medical Service training state-wide, and specifically related to rural and remote jurisdictions;

2.4.7 Develop a 3-5 year “concept” plan that identifies alternative solutions to improve the scope and delivery, as well as barriers to training, and systematically reduces the gaps identified by the needs assessment;

2.4.8 In a separate section of the plan, identify opportunities and gaps organized by the current version of FEMA’s Core Capabilities, addressing at least,

2.4.8.1 Fire Management and Suppression, Public Health, Healthcare, and Emergency Medical Services, Mass Care Services, Environmental Response/Health and Safety, Operational Coordination, Operational Communications, Planning, Public Information and Warning, Intelligence and Information Sharing, Access Control and Identify Verification, Cybersecurity, Supply Chain Integrity and Security, Critical Transportation, Fatality Management, Mass Search and Rescue Operations, On-scene Security, Protection, and Law Enforcement, and Health and Social Services;



2.4.9 Deliver a summary presentation summarizing the key challenges, barriers, and

opportunities for improvement;

2.4.10 Provide a detailed written report, also in a mutually acceptable digital format, on the findings of the assessment.

2.5 REQUIREMENTS

2.5.1 The Contractor will be responsible for the payment of subcontractors.

Subcontractors, if utilized, will be required to submit the same credentials as the primary contractor;

2.5.2 The Contractor will be held accountable for meeting its programmatic requirements/deadlines or, when fitting, for revising requirements/deadlines with state staff. Any revisions to deadlines will be in mutual agreement with state project manager;

2.5.3 Data collection methods and breadth of engagement shall be large enough to be a statistically significant representation of the New Hampshire Fire, Rescue, and Emergency Medical Services system. The Contractor will work collaboratively with the DOS project manager to ensure significant representation;

2.5.4 The Contractor agrees to keep the information related to all stakeholders confidential. Other than the reports submitted to the DOS, the successful organization or individual agrees not to publish, reproduce, or otherwise divulge such information in whole or in part, in any manner of form, or authorize or permit others to do so. The Contractor will take reasonable measures as are necessary to restrict access to the information while in their possession. The Contractor agrees to immediately notify, in writing, the project manager in the event(s) they determine or have reason to suspect a breach of this requirement;

2.5.5 The Contractor will be required to sign confidentiality and non-disclosure statements to protect information obtained through this project;

2.5.6 Any publication or sign produced or distributed or any publicity conducted in association with this project must provide credit to the DOS as follows: “Funding provided by the Department of Homeland Security (DHS) and administered by the New Hampshire Department of Safety”

2.5.7 The Contractor must obtain written approval from the DOS prior to distribution or publication of any printed material prepared;

2.5.8 Background checks of personnel involved with this project may be required;

2.5.9 Facility and associated costs for meetings with be the responsibility of the successful bidder;

2.5.10 Work must be completed and accepted by DOS by July 1, 2018 to ensure payment under this grant funded opportunity;



2.5.11 Travel costs, if charged, will be in line with current Federal Per Diem rates;

2.5.12 Failure to meet or revise such requirements/deadlines may jeopardize the funded organization or individual’s current and/or future funding. The DOS reserves the right to TERMINATE any contract if substantial progress regarding evaluation is not made within 90 days of the approval of this contract. Substantial progress will include activities to encompass at least 35% of the goal of the contract. Corrective action may include actions such as a contract amendment or termination of the contract;

2.5.13 The Contractor will be held accountable for meeting its programmatic requirements/deadlines or, when fitting, for revising requirements/deadlines with state staff. Failure to meet or revise such requirements/deadlines may jeopardize the funded organization’s current and/or future funding. It is not expected that an extension will be granted by United States Department of Homeland Security for this project, thus adherence to project deadlines is critical.

2.6 REPORTS AND MONITORING

The Contractor will provide monthly written updates, as well as be available for telephone updates bi monthly, schedule to be mutually agreed upon, to the DOS project manager that will include at least the progress on each requirement, stakeholders contacted, updates on data gathering, and any obstacles encountered.

3. FINANCE

3.1 RFP FUNDING AND INVOICING

3.1.1 Up to$50,000 may be available from federal Homeland Security Grant Program and the

Division operating budget to cover the requirements in this RFP. Price may be a consideration in the final selection of a contractor. The DOS reserves the right to re-bid the RFP to meet grant limitations.

3.1.2 The DOS will reject any ineligible costs. Please note:

3.1.2.1 Payments will be made to the Contractor from the DOS in accordance with the

following schedule (Appendix B, Exhibit C):

20% within 30 days after approval of executed contract by Governor and Executive

Council and receipt by DOS of invoice number one 15% upon completion of data gathering from stakeholders 15% upon receipt and acceptance of draft report by the DOS 50% upon receipt and acceptance of final system evaluation report as presented to

the DOS



3.1.3 Invoicing will be based on cost reimbursement in accordance with the above schedule. The Contractor will be responsible for detailing all expenses related to the development of the product to include hours spent on task, any additional items required to support the mission of the development of this assessment such as phone costs, printing costs, and other miscellaneous costs which may be required to develop this evaluation and assessment product. In accordance with the grant terms and conditions ineligible costs will not be reimbursed. Recommendations for reimbursement will be made by the project manager in accordance with the above schedule and benchmarks and reviewed and approved by the project manager and Administrator of the DOS – Grants Management Unit in accordance with the above schedule and the Grant Terms and Conditions of the Homeland Security Grant Program.

3.2 APPROPRIATE USE OF FUNDS

3.2.1 Proposals shall explain how the bidder will carry out the purpose of the RFP. The bidder is asked to submit a budget that maximizes available resources for the services outlined.

3.2.2 The Contractor is expected to keep records and supply source documents of its activities related to DOS funded programs and services. Payments will be a percentage basis based on milestones completed and accepted.

3.2.3 Contract funds may be used to pay for salaries and benefits of program staff, travel for necessary meetings and to conduct the assessment, postage, equipment, supplies, space rental where required, subcontracts, and consultants. All reimbursable expenses must be substantiated by back-up documentation such as trip logs for mileage, and invoices and canceled checks for other consumables etc. Charges that are not direct costs that support the program (e.g. overhead, profit, indirect cost, general administration) shall not exceed 10%. DOS funding shall not be used to replace funding for a program already funded from another federal source. An indirect cost rate shall not be charged in additional to a “profit” rate.

3.2.4 Payment for contracted services will be made on a combined line item cost reimbursement basis on monthly invoices for expenditures incurred and upon compliance with reporting requirements. Invoices for expendables, consumables etc., must be supplied with a reimbursement request. The DOS will reject any ineligible costs. Incomplete work will not be reimbursed by the DOS.

3.3 COST LIABILITY

It is expressly understood and agreed to by the parties hereto, that the State of New Hampshire assumes no responsibility or liability for services provided or costs incurred by the bidder(s) to prepare or submit their proposals or for samples included in response to this RFP, or in making any requested oral presentation regarding this RFP, or for work performed prior to the Effective Date of a resulting contract.



4 PROPOSAL PROCESS AND SUBMISSION

4.1 PROCUREMENT TIMETABLE

Procurement Timetable (All times are according to Eastern Time. DOS reserves the right to modify these dates at its sole discretion.

Item Action Date

1 Release of RFP June 12, 2017

2 Optional Letter of Intent Submission Deadline June 21, 2017

3 Intent to participate in conference call Submission Deadline

June 26, 2017

4 Optional Bidders’ Teleconference June 28, 2017, 2:00 P.M. EST

5 RFP Questions Submission Deadline July 10, 2017

6 DOS Response to Questions Published July 14, 2017 7 RFP Proposal Submission Deadline July 18, 2017

8 Estimated effective date of contract, if approved by Governor and Council

August 23, 2017

4.2 BIDDERS’ QUESTIONS

All questions about the RFP, including but not limited to requests for clarification and/or additional information shall be submitted in writing via e-mail, citing the RFP page, section and paragraph to the Contracting Officer listed below:

Heather Clough, Administrative Supervisor

NH Department of Safety Concord, NH

[email protected]

Other than the Contracting Officer listed above, bidder shall make no unsolicited contact with any of the DOS personnel regarding this RFP, and bidder shall not submit any inquiries, request for clarification and/or additional information after the date bidder’s proposals are due. DOS may consolidate or paraphrase questions for efficiency and clarity. Questions that are not understood will not be answered. Statements that are not questions will not receive a response. Questions will only be accepted from those entities who have submitted a Letter of Intent by the deadline given in Procurement Timetable. Questions from all other parties will be disregarded. DOS will not acknowledge receipt of questions.



The questions may be submitted by e-mail; however, DOS assumes no liability for assuring accurate and complete e-mail transmissions. Questions must be received by DOS by the deadline given in Procurement Timetable.

4.3 BIDDERS’ CONFERENCE

Prospective bidders will have an opportunity to ask questions in regard to this RFP at an optional bidders' telephone conference, see procurement timetable. The DOS will respond to oral questions at the conference, but only written answers provided by the DOS following the conference will be official answers. Any bidder wanting to participate in this conference call will need to contact Heath Clough at [email protected] prior to deadline in Procurement Timetable.

4.4 PROPOSAL INSTRUCTIONS AND REQUIREMENTS

4.4.1 Proposal Outline and Content

Proposals shall follow the outline presented in this section to be considered complete and are required to contain all listed components as follows:

A. Proposal Face Sheet B. Proposal Checklist C. Table of Contents

D. Program Narrative Section to include

a. Organization Capacity (not to exceed 4 pages) 1. Describe the overall mission and services of the organization or individual and

how they relate to the goals and priorities as described in Section 2.4 of the RFP.

2. Describe the organization or individual’s specific experience and capacity to meet the goals, objectives, and priorities of the program. This includes the availability of qualified and experienced personnel and adequacy of plans for the administration of the program.

3. Provide the contact information for 3 outside references who can attest to the organization or individual’s success in providing complex system evaluation services similar to the services required in this RFP.

b. Plan of Operation (not to exceed 4 pages)

This narrative section should describe, concisely and completely, exactly how the program will operate, how it will carry out the scope of required service, and the roles of each staff member.

E. Budget and Justification to include:

a. Operating Budget that correlates to the work plan. (template attached)



b. Budget Narrative (not to exceed 6 pages), which describes each personnel position and direct expense item for which funding is requested, linking each to the services to be provided. Overhead, profit, indirect costs and any other non-direct expense should be listed individually in the operating budget and fully explained in the budget narrative. Per Grant Terms and Conditions contractors are limited to $550 per day per Grant Term and Conditions, attached.

c. Program Staff Listing Form (provided). Complete the provided Program Staff List

according to instructions. Key personnel shall be defined as the agency or program administrator and program coordinators. A current resume with credentials is required for any program staff. If a program staff position is not currently filled, include a job description of the vacant position.

4.4.2 Proposal Submission

The original, typewritten proposal, plus 2 copies, and 1 digital PDF copy (divided into sections that correspond to and are labeled the same as the hard copies) shall be received (not simply post-marked) by DOS per the procurement timetable. No extensions will be granted. Faxed copies will NOT be accepted. The responsibility for submitting a response to this RFP on or before the stated time and date will rest solely and strictly with the bidder. DOS will in no way be responsible for delays in delivery caused by the U.S. Postal Service or other couriers, mislabeled mail, or caused by any other occurrence.

1 Original marked as “Original” and any applicable required pages, signed and

initialed as appropriate on each page in blue ink. 2 Copies marked as “Copy” 1 Digital PDF copy (divided into sections that correspond to and are labeled the same

as the hard copies)

4.4.3 Required Attachments

The following are required statements that must be included with the Proposal. The Bidder must complete the correlating forms found in the RFP Appendices and submit them as the “Required Attachments” section of the Proposal. 4.4.3.1 Exceptions to Terms and Conditions – Appendix A 4.4.3.2 Comprehensive General Liability Insurance Form – Appendix B, Exhibit D

4.4.4 Proposal Format

Proposals shall contain a Table of Contents, be double-spaced, in no less than 11-point font, and the pages shall be numbered following the Table of Contents. All acronyms shall be spelled out the first time that they are used. The source of all data cited shall be noted. Proposals shall not be bound or stapled, but clipped in the upper left corner. Proposals must be addressed for delivery and mailed to:



NH Department of Safety – Fire Academy Attn: Heather Clough

33 Hazen Drive Concord, NH 03305

5. PROPOSAL REVIEW AND EVALUATION

The Division will convene a small panel to conduct an objective review of proposals received in response to this RFP process. The evaluation will be based on the demonstrated capabilities of the prospective contractor in relation to the needs of this program as set forth in this RFP. The merits of each proposal will be evaluated individually according to the proposal objective scoring criteria described below. The DOS reserves the right to accept or reject any proposal, and to waive any minor irregularities in the proposals and document this as such. The DOS reserves the right to make final funding decisions based on the availability of funds, prior contract performance (if applicable), and other Department priorities related to this RFP. Please note that in the State contract approval process, the DOS recommends the awarding of a contract to the Governor and Executive Council. Thus, the RFP and contract process is not complete without approval of the Governor and Executive Council.

5.1 Proposal Face Sheet, Proposal Checklist, and Table of Contents (50 points)

5.2 Organization’s Capacity (250 points) The extent to which: The overall mission, program, and services of the organization relate to the

program’s goals and priorities as described in the RFP. The Contractor clearly demonstrates:

o The specific experience and capacity necessary to carry out the listed services. This includes the availability of qualified and experienced personnel and the adequacy of plans for the administration of the program. The proposal describes experience that demonstrates knowledge of complex system evaluation and a proven ability to evaluate current state versus ideals, and a clear ability to communicate these findings.

5.3 Plan of Operation (375 points) The extent to which: The proposal clearly describes how it will deliver each of the required services in the

time frame of the contract, including methods to engage stakeholders. The proposal is programmatically relevant and the overall goal(s) of the application

relate to the program’s goals and priorities as described in the RFP. The plan of operation and roles of program staff are clearly and concisely

described. TIMELINE is CRITICAL.

5.4 Budget and Justification (250 points) The extent to which: The budget template is complete and is appropriate in relation to the proposed



activities; is reasonable, clearly justified, and consistent with the intended use of funds. The budget narrative provides a detailed description and justification for the use of

funds according to instructions. The Program Staff List lists all program staff including those paid for by the grant

and those paid by other sources. A current resume is required for program staff. Job descriptions are included for vacant positions.

PRICE may be a factor in final selection.

5.5 Format (75 points) The extent to which: The proposal adheres to the formatting instructions and directions set forth in this RFP.

6. PROCEDURES FOR SELECTION AND NOTIFICATION

6.1 Notice of Selection Procedures

If a Contractor is selected, the DOS will notify the Contractor in writing of their selection and the state’s desire to enter into a contract. In the event a contract is not successfully executed in a timely manner, the evaluation team may recommend another bidder. The scope of services and budget for the proposed contract may be negotiated based upon the merit of the application as evaluated by the review panel, availability of funding, and conditions of the award.

If competing proposals are close to equal in scoring, greater weight will be given to costs and experience. If appropriate, semi-finalists will be determined as a result of these scores. The review panel may request that semi-finalists (up to three agencies) present their proposal during a 15-30 minute teleconference with presentation the review committee. The review panel will score these presentations at that time in order to determine the successful applicant. Evaluation and scoring criteria will be provided to each semi-finalist prior to their presentation. If conducted, this may be key criteria in the final selection in addition to the price and scoring aforementioned. The DOS expects that each applicant will put forth a definitive cost proposal. The DOS, however, reserves the right to later seek a “BEST AND FINAL OFFER” and will provide the applicant the opportunity to amend their original proposal to better meet the objectives of the RFP. The DOS solely reserves the right whether or not to exercise this option.

6.2 Unsuccessful Bidder Notice

In accordance with New Hampshire RSA 21-G:37 “In order to protect the integrity of the bidding process, notwithstanding RSA 91-A:4, no information shall be available to the public, or to the members of the general court or its staff concerning specific responses to requests for bids (RFBs), requests for proposals (RFPs), requests for applications (RFAs), or similar requests for submission for the purpose of procuring goods or services or awarding contracts from the time the request is made public until the closing date for responses.”



This means unsuccessful entities shall not be notified of the results on the state’s web site until after the Governor and Executive Council have approved the selected contract award. No information can be provided to non- selected bidders until after the contract is awarded, at which time non-selected bidders may submit a written request for more information about the reasons for not being selected. Such requests are not considered appeals. Once an applicant has submitted a letter, the DOS will attempt to accommodate such requests within a reasonable time.

Such request shall be submitted in writing to:

NH Department of Safety – Fire Academy

Attn: Heather Clough 33 Hazen Drive

Concord, NH 03305 7. CONTRACT TERMS AND CONDITIONS

7.1 Sample Contract Documents

The State of New Hampshire sample contract is attached; Contractor to agree to the minimum requirement as set forth in Appendix A, Appendix B, and all Exhibits.

7.2 Contract Submittal Timeliness

Following selection, the organization or individual will be required to submit the contract documents approval. Selection of final bid award is contingent on submission of complete contract documentation for contract approval. The DOS reserves the right to select another bidder for failure of complete document submittal within 14 days.

7.3 Proposal Understanding

By submitting a proposal, the bidder(s) agrees and assures that the specifications are adequate, and the bidder(s) accepts the terms and conditions herein. Any exceptions to these terms and conditions should be noted in the proposal. The DOS reserves the right to reject any or all proposal(s) based on the exceptions presented, without obligation to communicate or negotiate with the bidder(s).

7.4 Proposal Validity

Unless specified otherwise, all proposals shall be valid for 180 business days from the proposal due date.

7.5 Public Record

All proposals become the property of the State of New Hampshire. The information contained



in proposals submitted for the DOS consideration will be held in confidence until all evaluations are concluded and a contract has been approved by Governor and Executive Council. According to the State and Federal procurement law and Right to Know Law, RSA 91-A, the content of all proposals, correspondence, addenda, memoranda, working papers, or any other medium which discloses any aspect of the request for proposals process will be considered a matter of public record when the contract is approved by Governor and Executive Council. This includes all proposals received in response to the RFP, both the selected proposal and the proposal(s) not selected. Therefore, the State makes no representation that it can or will maintain the confidentiality of such information.

7.6 Amendments

The DOS has the option of amending contracts throughout the funding cycle based on program performance, fiscal expenditure, and other contract requirements. All amendments require approval by the Governor and Executive Council.

7.7 Cancellation

The DOS may, upon determining that no satisfactory proposals have been received for any particular service, decide to re-bid this RFP.

8. OWNERSHIP OF WORKS The DOS and the Grants Management Unit, as required, to own a final product resulting from this grant award, shall own all rights and titles to, and interest in any and all original materials or deliverables produced with the DOS contract funding for the resulting contract, including, print, Internet or other media, brochures, resource directories, protocols or guidelines, posters, surveys, evaluations, or reports. Coordination with the DOS will be required on this issue. Contractor may not reproduce any materials produced under the contract without prior written approval from the DOS. The contractor will be required to represent and warranty that any work produced under this RFP and the resulting Contract will be free of any claim of any third person or entity based on patent or copyright infringement, trade secret misappropriation, or otherwise.

9. ADDITIONAL INFORMATION 9.1 Appendix A - Exceptions to Terms and Conditions 9.2 Appendix B - Contract Minimum Requirements 9.3 Appendix C - Certificate of Good Standing Instructions 9.4 Appendix D - Certificate of Vote/Authority Instructions 9.5 Appendix E – Federal Emergency Management Agency’s Core Capability List 9.6 Appendix F – Proposal Forms



APPENDIX A

EXCEPTIONS TO TERMS AND CONDITIONS

A Responder shall be presumed to be in agreement with the terms and conditions of the RFP unless the Responder takes specific exception to one or more of the conditions on this form. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE RFP SPECIFICATIONS. IF A RESPONDER MATERIALLY DEVIATES FROM A RFP SPECIFICATION, ITS PROPOSAL MAY BE REJECTED. A material deviation is an exception to a specification which 1) affords the Responder taking the exception a competitive advantage over other Responders, or 2) gives the State something significantly different than the State requested. INSTRUCTIONS: Responders must explicitly list all exceptions to State of NH minimum terms and conditions. Reference the actual number of the State's term and condition and Exhibit number for which an exception(s) is being taken. If no exceptions exist, state "NONE" specifically on the form below. Whether or not exceptions are taken, the Responder must sign and date this form and submit it as part of their Proposal. (Add additional pages if necessary.)

Responder Name:

Term & Condition Number/Provision

Explanation of Exception

By signing this form, I acknowledge that the above named Responder accepts, without qualification, all terms and conditions stated in this RFP Section 8- Mandatory Business Specifications, Contract Terms and Conditions except those clearly outlined as exceptions above. ___________________________ ___________________ _________________ Signature Title Date

FORM NUMBER P-37 (version 1/26/15)

Page 1 of 4

Notice: This agreement and all of its attachments shall become public upon submission to Governor and Executive Council for approval. Any information that is private, confidential or proprietary must be clearly identified to the agency and agreed to in writing prior to signing the contract.

AGREEMENT The State of New Hampshire and the Contractor hereby mutually agree as follows:

GENERAL PROVISIONS

1. IDENTIFICATION. 1.1 State Agency Name

1.2 State Agency Address

1.3 Contractor Name

1.4 Contractor Address

1.5 Contractor Phone Number

1.6 Account Number

1.7 Completion Date

1.8 Price Limitation

1.9 Contracting Officer for State Agency

1.10 State Agency Telephone Number

1.11 Contractor Signature

1.12 Name and Title of Contractor Signatory

1.13 Acknowledgement: State of , County of On , before the undersigned officer, personally appeared the person identified in block 1.12, or satisfactorily proven to be the person whose name is signed in block 1.11, and acknowledged that s/he executed this document in the capacity indicated in block 1.12. 1.13.1 Signature of Notary Public or Justice of the Peace [Seal] 1.13.2 Name and Title of Notary or Justice of the Peace 1.14 State Agency Signature Date:

1.15 Name and Title of State Agency Signatory

1.16 Approval by the N.H. Department of Administration, Division of Personnel (if applicable) By: Director, On:

1.17 Approval by the Attorney General (Form, Substance and Execution) (if applicable) By: On: 1.18 Approval by the Governor and Executive Council (if applicable) By: On:

Page 2 of 4 Contractor Initials __________

Date__________

2. EMPLOYMENT OF CONTRACTOR/SERVICES TO BE PERFORMED. The State of New Hampshire, acting through the agency identified in block 1.1 (“State”), engages contractor identified in block 1.3 (“Contractor”) to perform, and the Contractor shall perform, the work or sale of goods, or both, identified and more particularly described in the attached EXHIBIT A which is incorporated herein by reference (“Services”). 3. EFFECTIVE DATE/COMPLETION OF SERVICES. 3.1 Notwithstanding any provision of this Agreement to the contrary, and subject to the approval of the Governor and Executive Council of the State of New Hampshire, if applicable, this Agreement, and all obligations of the parties hereunder, shall become effective on the date the Governor and Executive Council approve this Agreement as indicated in block 1.18, unless no such approval is required, in which case the Agreement shall become effective on the date the Agreement is signed by the State Agency as shown in block 1.14 (“Effective Date”). 3.2 If the Contractor commences the Services prior to the Effective Date, all Services performed by the Contractor prior to the Effective Date shall be performed at the sole risk of the Contractor, and in the event that this Agreement does not become effective, the State shall have no liability to the Contractor, including without limitation, any obligation to pay the Contractor for any costs incurred or Services performed. Contractor must complete all Services by the Completion Date specified in block 1.7. 4. CONDITIONAL NATURE OF AGREEMENT. Notwithstanding any provision of this Agreement to the contrary, all obligations of the State hereunder, including, without limitation, the continuance of payments hereunder, are contingent upon the availability and continued appropriation of funds, and in no event shall the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction or termination of appropriated funds, the State shall have the right to withhold payment until such funds become available, if ever, and shall have the right to terminate this Agreement immediately upon giving the Contractor notice of such termination. The State shall not be required to transfer funds from any other account to the Account identified in block 1.6 in the event funds in that Account are reduced or unavailable. 5. CONTRACT PRICE/PRICE LIMITATION/ PAYMENT. 5.1 The contract price, method of payment, and terms of payment are identified and more particularly described in EXHIBIT B which is incorporated herein by reference. 5.2 The payment by the State of the contract price shall be the only and the complete reimbursement to the Contractor for all expenses, of whatever nature incurred by the Contractor in the performance hereof, and shall be the only and the complete compensation to the Contractor for the Services. The State shall have no liability to the Contractor other than the contract price.

5.3 The State reserves the right to offset from any amounts otherwise payable to the Contractor under this Agreement those liquidated amounts required or permitted by N.H. RSA 80:7 through RSA 80:7-c or any other provision of law. 5.4 Notwithstanding any provision in this Agreement to the contrary, and notwithstanding unexpected circumstances, in no event shall the total of all payments authorized, or actually made hereunder, exceed the Price Limitation set forth in block 1.8. 6. COMPLIANCE BY CONTRACTOR WITH LAWS AND REGULATIONS/ EQUAL EMPLOYMENT OPPORTUNITY. 6.1 In connection with the performance of the Services, the Contractor shall comply with all statutes, laws, regulations, and orders of federal, state, county or municipal authorities which impose any obligation or duty upon the Contractor, including, but not limited to, civil rights and equal opportunity laws. This may include the requirement to utilize auxiliary aids and services to ensure that persons with communication disabilities, including vision, hearing and speech, can communicate with, receive information from, and convey information to the Contractor. In addition, the Contractor shall comply with all applicable copyright laws. 6.2 During the term of this Agreement, the Contractor shall not discriminate against employees or applicants for employment because of race, color, religion, creed, age, sex, handicap, sexual orientation, or national origin and will take affirmative action to prevent such discrimination. 6.3 If this Agreement is funded in any part by monies of the United States, the Contractor shall comply with all the provisions of Executive Order No. 11246 (“Equal Employment Opportunity”), as supplemented by the regulations of the United States Department of Labor (41 C.F.R. Part 60), and with any rules, regulations and guidelines as the State of New Hampshire or the United States issue to implement these regulations. The Contractor further agrees to permit the State or United States access to any of the Contractor’s books, records and accounts for the purpose of ascertaining compliance with all rules, regulations and orders, and the covenants, terms and conditions of this Agreement. 7. PERSONNEL. 7.1 The Contractor shall at its own expense provide all personnel necessary to perform the Services. The Contractor warrants that all personnel engaged in the Services shall be qualified to perform the Services, and shall be properly licensed and otherwise authorized to do so under all applicable laws. 7.2 Unless otherwise authorized in writing, during the term of this Agreement, and for a period of six (6) months after the Completion Date in block 1.7, the Contractor shall not hire, and shall not permit any subcontractor or other person, firm or corporation with whom it is engaged in a combined effort to perform the Services to hire, any person who is a State employee or official, who is materially involved in the procurement, administration or performance of this


Date__________

Agreement. This provision shall survive termination of this Agreement. 7.3 The Contracting Officer specified in block 1.9, or his or her successor, shall be the State’s representative. In the event of any dispute concerning the interpretation of this Agreement, the Contracting Officer’s decision shall be final for the State. 8. EVENT OF DEFAULT/REMEDIES. 8.1 Any one or more of the following acts or omissions of the Contractor shall constitute an event of default hereunder (“Event of Default”): 8.1.1 failure to perform the Services satisfactorily or on schedule; 8.1.2 failure to submit any report required hereunder; and/or 8.1.3 failure to perform any other covenant, term or condition of this Agreement. 8.2 Upon the occurrence of any Event of Default, the State may take any one, or more, or all, of the following actions: 8.2.1 give the Contractor a written notice specifying the Event of Default and requiring it to be remedied within, in the absence of a greater or lesser specification of time, thirty (30) days from the date of the notice; and if the Event of Default is not timely remedied, terminate this Agreement, effective two (2) days after giving the Contractor notice of termination; 8.2.2 give the Contractor a written notice specifying the Event of Default and suspending all payments to be made under this Agreement and ordering that the portion of the contract price which would otherwise accrue to the Contractor during the period from the date of such notice until such time as the State determines that the Contractor has cured the Event of Default shall never be paid to the Contractor; 8.2.3 set off against any other obligations the State may owe to the Contractor any damages the State suffers by reason of any Event of Default; and/or 8.2.4 treat the Agreement as breached and pursue any of its remedies at law or in equity, or both. 9. DATA/ACCESS/CONFIDENTIALITY/ PRESERVATION. 9.1 As used in this Agreement, the word “data” shall mean all information and things developed or obtained during the performance of, or acquired or developed by reason of, this Agreement, including, but not limited to, all studies, reports, files, formulae, surveys, maps, charts, sound recordings, video recordings, pictorial reproductions, drawings, analyses, graphic representations, computer programs, computer printouts, notes, letters, memoranda, papers, and documents, all whether finished or unfinished. 9.2 All data and any property which has been received from the State or purchased with funds provided for that purpose under this Agreement, shall be the property of the State, and shall be returned to the State upon demand or upon termination of this Agreement for any reason. 9.3 Confidentiality of data shall be governed by N.H. RSA chapter 91-A or other existing law. Disclosure of data requires prior written approval of the State.

10. TERMINATION. In the event of an early termination of this Agreement for any reason other than the completion of the Services, the Contractor shall deliver to the Contracting Officer, not later than fifteen (15) days after the date of termination, a report (“Termination Report”) describing in detail all Services performed, and the contract price earned, to and including the date of termination. The form, subject matter, content, and number of copies of the Termination Report shall be identical to those of any Final Report described in the attached EXHIBIT A. 11. CONTRACTOR’S RELATION TO THE STATE. In the performance of this Agreement the Contractor is in all respects an independent contractor, and is neither an agent nor an employee of the State. Neither the Contractor nor any of its officers, employees, agents or members shall have authority to bind the State or receive any benefits, workers’ compensation or other emoluments provided by the State to its employees. 12. ASSIGNMENT/DELEGATION/SUBCONTRACTS. The Contractor shall not assign, or otherwise transfer any interest in this Agreement without the prior written notice and consent of the State. None of the Services shall be subcontracted by the Contractor without the prior written notice and consent of the State. 13. INDEMNIFICATION. The Contractor shall defend, indemnify and hold harmless the State, its officers and employees, from and against any and all losses suffered by the State, its officers and employees, and any and all claims, liabilities or penalties asserted against the State, its officers and employees, by or on behalf of any person, on account of, based or resulting from, arising out of (or which may be claimed to arise out of) the acts or omissions of the Contractor. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the State. This covenant in paragraph 13 shall survive the termination of this Agreement. 14. INSURANCE. 14.1 The Contractor shall, at its sole expense, obtain and maintain in force, and shall require any subcontractor or assignee to obtain and maintain in force, the following insurance: 14.1.1 comprehensive general liability insurance against all claims of bodily injury, death or property damage, in amounts of not less than $1,000,000per occurrence and $2,000,000 aggregate ; and 14.1.2 special cause of loss coverage form covering all property subject to subparagraph 9.2 herein, in an amount not less than 80% of the whole replacement value of the property. 14.2 The policies described in subparagraph 14.1 herein shall be on policy forms and endorsements approved for use in the State of New Hampshire by the N.H. Department of Insurance, and issued by insurers licensed in the State of New Hampshire.


Date__________

14.3 The Contractor shall furnish to the Contracting Officer identified in block 1.9, or his or her successor, a certificate(s) of insurance for all insurance required under this Agreement. Contractor shall also furnish to the Contracting Officer identified in block 1.9, or his or her successor, certificate(s) of insurance for all renewal(s) of insurance required under this Agreement no later than thirty (30) days prior to the expiration date of each of the insurance policies. The certificate(s) of insurance and any renewals thereof shall be attached and are incorporated herein by reference. Each certificate(s) of insurance shall contain a clause requiring the insurer to provide the Contracting Officer identified in block 1.9, or his or her successor, no less than thirty (30) days prior written notice of cancellation or modification of the policy. 15. WORKERS’ COMPENSATION. 15.1 By signing this agreement, the Contractor agrees, certifies and warrants that the Contractor is in compliance with or exempt from, the requirements of N.H. RSA chapter 281-A (“Workers’ Compensation”). 15.2 To the extent the Contractor is subject to the requirements of N.H. RSA chapter 281-A, Contractor shall maintain, and require any subcontractor or assignee to secure and maintain, payment of Workers’ Compensation in connection with activities which the person proposes to undertake pursuant to this Agreement. Contractor shall furnish the Contracting Officer identified in block 1.9, or his or her successor, proof of Workers’ Compensation in the manner described in N.H. RSA chapter 281-A and any applicable renewal(s) thereof, which shall be attached and are incorporated herein by reference. The State shall not be responsible for payment of any Workers’ Compensation premiums or for any other claim or benefit for Contractor, or any subcontractor or employee of Contractor, which might arise under applicable State of New Hampshire Workers’ Compensation laws in connection with the performance of the Services under this Agreement. 16. WAIVER OF BREACH. No failure by the State to enforce any provisions hereof after any Event of Default shall be deemed a waiver of its rights with regard to that Event of Default, or any subsequent Event of Default. No express failure to enforce any Event of Default shall be deemed a waiver of the right of the State to enforce each and all of the provisions hereof upon any further or other Event of Default on the part of the Contractor. 17. NOTICE. Any notice by a party hereto to the other party shall be deemed to have been duly delivered or given at the time of mailing by certified mail, postage prepaid, in a United States Post Office addressed to the parties at the addresses given in blocks 1.2 and 1.4, herein. 18. AMENDMENT. This Agreement may be amended, waived or discharged only by an instrument in writing signed by the parties hereto and only after approval of such amendment, waiver or discharge by the Governor and Executive Council of the State of New Hampshire unless no

such approval is required under the circumstances pursuant to State law, rule or policy. 19. CONSTRUCTION OF AGREEMENT AND TERMS. This Agreement shall be construed in accordance with the laws of the State of New Hampshire, and is binding upon and inures to the benefit of the parties and their respective successors and assigns. The wording used in this Agreement is the wording chosen by the parties to express their mutual intent, and no rule of construction shall be applied against or in favor of any party. 20. THIRD PARTIES. The parties hereto do not intend to benefit any third parties and this Agreement shall not be construed to confer any such benefit. 21. HEADINGS. The headings throughout the Agreement are for reference purposes only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 22. SPECIAL PROVISIONS. Additional provisions set forth in the attached EXHIBIT C are incorporated herein by reference. 23. SEVERABILITY. In the event any of the provisions of this Agreement are held by a court of competent jurisdiction to be contrary to any state or federal law, the remaining provisions of this Agreement will remain in full force and effect. 24. ENTIRE AGREEMENT. This Agreement, which may be executed in a number of counterparts, each of which shall be deemed an original, constitutes the entire Agreement and understanding between the parties, and supersedes all prior Agreements and understandings relating hereto.



APPENDIX B

EXHIBIT A

SPECIAL PROVISIONS

1. There are no modifications, additions and/or deletions to Form P-37.* *Insurance limits listed may be modified at sole discretion of the State of New Hampshire if the state determines contract activities are of low liability risk.

2. It is agreed that the Contractor will meet as needed with DOS project manager to ensure

proper implementation of the terms of this contract.

3. The DOS has the option of amending contracts throughout the funding cycle based on program performance, fiscal expenditure, and other contract requirements. All amendments require approval by the Governor and Executive Council.

4. The DOS to own a final product resulting from this grant award, shall own all rights and

titles to, and interest in any and all original materials or deliverables produced with the DOS contract funding for the resulting contract, including, print, Internet or other media, brochures, resource directories, protocols or guidelines, posters, surveys, evaluations, or reports. Coordination with the DOS will be required on this issue. Contractor may not reproduce any materials produced under the contract without prior written approval from the DOS.

5. The contractor will be required to represent and warrant that any work produced under

this RFP and the resulting Contract will be free of any claim of any third person or entity based on patent or copyright infringement, trade secret misappropriation, or otherwise.

6. The DOS has the option of amending contracts throughout the funding cycle based on

program performance, fiscal expenditure, and other contract requirements. All amendments require approval by the Governor and Executive Council.

7. The Request for Proposal, #561-18 and chosen bidder’s proposal referred to in the

Contract are incorporated by reference as if fully included in the text. 8. Order of Precedence. In the event of conflict or ambiguity among any of the text of the

Contract Documents, the following Order of Precedence shall govern:

a. State of New Hampshire, Department of Safety Contract P-37 and attachments and exhibits;

b. Grant Terms and Conditions; c. RFP 561-18All-hazards Training Needs Assessment, dated June 12, 2017, with

addendum(s)incorporated; then

d. Selected bidder’s proposal



APPENDIX B

EXHIBIT B

SCOPE OF SERVICES, REQUIREMENTS, and REPORTS

3.2 SCOPE

The responsibilities of the Contractor are as follows.

2.3.1 Identify stakeholders involved in the design, delivery, oversight, and receipt of all Fire, Rescue, HAZMAT, and Emergency Medical Service training within New Hampshire, including the stakeholders dependencies and interactions with ancillary services, including but not limited to LE and DPW;

2.3.2 Assemble research data identifying best practices in training methods and delivery, training regulation and legislation, opportunities and restrictions, to specifically include best practices that produce effective training operations, as well as gaps and barriers to meeting best practices;

2.3.3 Create a database matrix visually highlighting a SWOT-type (Strengths, Weaknesses, Opportunities, Threats) analysis of the data gathered on the current training delivery system and topics;

2.3.4 Determine the role of the state, advisory boards, local governments, departments,

associations, and stakeholders in the establishment and enforcement of training standards, regardless of type or location;

2.3.5 Include a review of the challenges faced by Fire, Rescue, and Emergency Medical

Services in meeting broad spectrum all-hazard training to rural and remote areas of the state, including but not limited to professional interactions and dependencies related to ancillary disciplines such as HAZMAT and LE and DPW;

2.3.6 Provide recommendations related to the overall availability, delivery, and

organization of Fire and Emergency Medical Service training state-wide, and specifically related to rural and remote jurisdictions;

2.3.7 Develop a 3-5 year “concept” plan that identifies alternative solutions to improve

the scope and delivery, as well as barriers to training, and systematically reduces the gaps identified by the needs assessment;

2.3.8 In a separate section of the plan, identify opportunities and gaps organized by the current version of FEMA’s Core Capabilities, addressing at least,



2.3.8.1 Fire Management and Suppression, Public Health, Healthcare, and Emergency Medical Services, Mass Care Services, Environmental Response/Health and Safety, Operational Coordination, Operational Communications, Planning, Public Information and Warning, Intelligence and Information Sharing, Access Control and Identify Verification, Cybersecurity, Supply Chain Integrity and Security, Critical Transportation, Fatality Management, Mass Search and Rescue Operations, On-scene Security, Protection, and Law Enforcement, Health and Social Services;

2.3.9 Deliver a summary presentation summarizing the key challenges, barriers, and

opportunities for improvement;

2.3.10 Provide a detailed report in written and mutually acceptable digital format on the findings of the assessment to include items listed in Section 2.3.

3.3 REQUIREMENTS

2.4.1 The Contractor will be responsible for the payment of subcontractors. Subcontractors, if utilized, will be required to submit the same credentials as the primary contractor;

2.4.2 The Contractor will be held accountable for meeting its programmatic requirements/deadlines or, when fitting, for revising requirements/deadlines with state staff. Any revisions to deadlines will be in mutual agreement with state project manager;

2.4.3 Data collection methods and breadth of engagement shall be large enough to be a statistically significant representation of the New Hampshire Fire, Rescue, and Emergency Medical Services system. The Contractor will work collaboratively with the DOS to ensure significant representation;

2.4.4 The Contractor agrees to keep the information related to the DOS and all stakeholders confidential. Other than the reports submitted to the DOS, the successful organization or individual agrees not to publish, reproduce, or otherwise divulge such information in whole or in part, in any manner of form, or authorize or permit others to do so. The Contractor will take reasonable measures as are necessary to restrict access to the information, while in their possession. The Contractor agrees to immediately notify, in writing, the project manager in the event(s) they determine or have reason to suspect a breach of this requirement;

2.4.5 The Contractor will be required to sign confidentiality and non-disclosure statements to protect information obtained through this project;

2.4.6 Any publication or sign produced or distributed or any publicity conducted in association with this project must provide credit to the DOS as follows: “Funding provided by the Department of Homeland Security (DHS) and administered by the New Hampshire Department of Safety”

2.4.7 The Contractor must obtain written approval from the DOS prior to distribution



or publication of any printed material prepared;

2.4.8 Background checks of personnel involved with this project may be required;

2.4.9 Facility and associated costs for meetings with be the responsibility of the successful bidder;

2.4.10 Work must be completed and accepted by DOS by July 1, 2018 to ensure payment under this grant funded opportunity;

2.4.11 Travel costs, if charged, will be in line with current Federal Per Diem rates;

2.4.12 Failure to meet or revise such requirements/deadlines may jeopardize the funded organization or individual’s current and/or future funding. The DOS reserves the right to TERMINATE any contract if substantial progress regarding evaluation is not made within 90 days of the approval of this contract. Substantial progress will include activities to encompass at least 35% of the goal of the contract. Corrective action may include actions such as a contract amendment or termination of the contract.

2.4.13 The Contractor will be held accountable for meeting its programmatic requirements/deadlines or, when fitting, for revising requirements/deadlines with state staff. Failure to meet or revise such requirements/deadlines may jeopardize the funded organization’s current and/or future funding. It is not expected that an extension will be granted by United States Department of Homeland Security for this project, thus adherence to project deadlines is critical.

3.4 REPORTS AND MONITORING

The Contractor will provide monthly written updates, as well as be available for telephone updates bi monthly, schedule to be mutually agreed upon, to the DOS project manager that will include at least the progress on each requirement, stakeholders contacted, updates on data gathering, and any obstacles encountered.


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Initials of Authorized Official: __________ Date: ______________________________

APPENDIX B

EXHIBIT C

TERMS OF PAYMENT

The attached P-37 Section 1.6 has been completed.

Account # Dept. of Safety Up to $50,000.00 Payment for contracted services for training needs assessment evaluation costs will be made upon receipt of itemized invoices as follows:

Payment #1 20% within 30 days after approval of executed

contract by Governor and Executive Council and receipt by DOS of invoice number one.

Payment #2 15% upon completion of data gathering from stakeholders

Payment #3 15% upon receipt and acceptance of draft evaluation report.

Payment #4 50% within 30 days of the Department of Safety’s receipt of final evaluation report and acceptance as stated in the Scope of Services not to exceed August 30, 2018.

The Department of Safety reserves the right to reject any costs not approved within this contract or not eligible under the Homeland Security Grant Program. Invoices shall be submitted to:

NH Department of Safety

Division of Fire Standards and Training and EMS Attn: Heather Clough



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APPENDIX B

EXHIBIT D

New Hampshire Department of Safety

Comprehensive General Liability Insurance Acknowledgement Form

The New Hampshire Office of Attorney General requires that Request for Proposals (RFP) and Request for Applications (RFA) packages inform all bidders of the State of New Hampshire’s general liability insurance requirements. The limits of liability required are dependent upon your corporation’s legal formation, and the annual total amount of contract work with the State of New Hampshire. Please select only ONE of the three checkboxes below that best describes your corporation’s legal formation and annual total amount of contract work with the State of New Hampshire:

1) The contractor certifies that it IS a 501(c)(3) contractor whose annual total amount of contract work with the State of New Hampshire does not exceed $500,000.

2) The contractor certifies that it IS a 501(c)(3) contractor whose annual total amount of contract work with the State of New Hampshire equals or exceeds $500,000.

3) The contractor certifies that it is NOT a 501(c)(3) contractors.

INSURANCE REQUIREMENTS for selection #1 – Per RSA 21-I: 13, XIV. The general liability insurance provision for standard state contracts requires any contractor who qualifies for nonprofit status under section 501(c)(3) of the Internal Revenue Code and whose annual gross amount of contract work with the state does not exceed $500,000 to have: Comprehensive general liability insurance in amounts of not less than $1,000,000 per claim or

occurrence and $2,000,000 in the aggregate. These amounts may NOT be modified. INSURANCE REQUIREMENTS for selection #2 or #3 – Per Agreement P-37 General Provisions, and 14.1.1. Insurance and Bond: The Contractor shall, at its sole expense, obtain and maintain in force, and shall require any subcontractor or assignee to obtain and maintain in force, both for the benefits of the State, the following insurance: Comprehensive general liability insurance against all claims of bodily injury, death or property

damage, in amounts of not less than $250,000 per claim and $2,000,000 per incident or occurrence. (The State of New Hampshire MAY modify these amounts if the State determines contract activities are of low liability risk.)


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This acknowledgement must be returned with your application.

Please indicate your current comprehensive general liability coverage limits below, sign, date and returnwith your application package.

$ Per Claim $ Per Incident/Occurrence $ General Aggregate

Signature & Title Date


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APPENDIX B

EXHIBIT E

Fiscal Year 2015: DHS Standard Terms and Conditions

I. Assurances, Administrative Requirements and Cost Principles Recipients of DHS federal financial assistance must complete OMB Standard Form 424B Assurances – Non-Construction Programs. Certain assurances in this document may not be applicable to your program, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. The administrative, cost principles and audit requirements that apply to DHS award recipients originate from: 2 CFR Part 200, Section 3002, Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards.

II. Acknowledgement of Federal Funding from DHS

All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds.

III. Activities Conducted Abroad

All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

IV. Age Discrimination Act of 1975

All recipients must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance.

V. Americans with Disabilities Act of 1990

All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101–12213).

VI. Best Practices for Collection and Use of Personally Identifiable Information (PII) All recipients who collect PII are required to have a publically-available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively.


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VII. Title VI of the Civil Rights Act of 1964 All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), codified at 6 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

VIII. Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features (see 24 CFR § 100.201).

IX. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations).

X. Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.

XI. Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988 (412 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. These regulations are codified at 2 CFR 3001.

XII. Duplication of Benefits State, Local and Tribal Recipients must comply with 2 CFR Part §225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. XIII. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. §6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issues in compliance with this Act. XIV. Reporting Subawards and Executive Compensation

A. First-tier Subawards.


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All recipients, unless exempt as provided in paragraph D, must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity. Recipients must report the information about each obligating action in accordance with the submission instructions posted at http:// www.fsrs.gov specify.

B. Total Compensation of Recipient Executives.

1. All recipients must report total compensation for each of the five most highly compensated executives for the preceding completed fiscal year, if,

a. the total Federal funding authorized to date under this award is $25,000 or more; b. in the preceding fiscal year, recipients received –

i. Eighty percent or more of the annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

c. The public does not have access to information about the compensation of the executives through periodic reports filed the Securities Exchange Act of 1934 and Internal Revenue Code of 1986.

2. Where and when to report. Recipients must report executive total compensation described in paragraph b.1 of this award term:

a. As part of the registration profile at http://www.sam.gov. b. By the end of the month following the month in which this award is made, and

annually thereafter. C. Total Compensation of Subrecipient Executives.

All recipients unless exempt as provided in paragraph d. of this award term, for each first-tier subrecipient. Recipients must report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if

a. In the subrecipient's preceding fiscal year, the subrecipient received— i. 80 percent or more of its annual gross revenues from Federal procurement

contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and

ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and

b. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

D. Exemptions All recipients’ gross income, from all sources of the previous tax year, under $300,000, are

exempt from the requirements to report: a. Subawards, and b. The total compensation of the five most highly compensated executives of any

subrecipient.


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XV. False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. § 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made.

XVI. Federal Debt Status All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF-424B, item number 17 for additional information and guidance.

XVII. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

XVIII. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. XIX. Limited English Proficiency (Civil Rights Act of 1964, Title VI)

All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Stonegarden

XX. Lobbying Prohibitions All recipients must comply with 31 U.S.C. §1352, which provides that none of the funds provided under an


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award may be expended by the recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal.

XXI. Non-supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-Federal sources. Where federal statues for a particular program prohibits supplanting, applicants or recipients may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. XXII. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Publ. L. No 96-517, as amended, and codified in 35 U.S.C. section 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. section 401.14. XXIII. Procurement of Recovered Materials All recipients must comply with section 6002 of the Solid Waste Disposal act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. XXIV. Contract Provisions for Non-federal Entity Contracts under Federal Awards

a. Contracts for more than the simplified acquisition threshold set at $150,000. All recipients who have contracts exceeding the acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must address administrative, contractual, or legal remedies in instance where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate.

b. Contracts in excess of $10,000. All recipients that have contracts exceeding $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

XXV. SAFECOM All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.


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XXVI. Terrorist Financing E.O. 13224 All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the E.O. and laws. XXVII. Title IX of the Education Amendments of 1975 (Equal Opportunity in Education Act) All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19

XXVIII. Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. Full text of the award term is provided at 2 CFR § 175.15.

XXIX. Rehabilitation Act of 1973 All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment.

XXX. USA Patriot Act of 2001 All recipients must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. Among other things, the USA PATRIOT Act prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose.

XXXI. Use of DHS Seal, Logo and Flags All recipients must obtain DHS’s approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. XXXII. Whistleblower Protection Act All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C 2409, 41 U.S.C. 4712, and 10 U.S.C. 2324, 41 U.S.C. 4304 and 4310.

XXXIII. DHS Specific Acknowledgements and Assurances All recipients must acknowledge and agree—and require any sub-recipients, contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS


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access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations.


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NH Department of Safety HSGP Special Grant Terms and Conditions 2015 NOTE: The grant terms and conditions must be submitted with the grant application.

1. Allowable Costs: The allowability of costs incurred under any grant shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable 2 CFR 200 and the FFY 2015 U.S. Department of Homeland Security, Grant Program Guidance and Application Kit. The applicant assures that it will comply and all its subrecipients and contractors will comply, with the applicable provisions of the U.S. Department of Homeland Security, FFY 2015 Homeland Security Grant Program Guidance and Application Kit, and all other applicable federal laws, orders, circulars or regulations.

2. Freedom of Information Act (FOIA): FEMA recognizes that much of the information submitted in

the course of applying for funding under this program or provided in the course of its grant management activities may be considered law enforcement sensitive or otherwise important to national security interests. While this information under Federal control is subject to requests made pursuant to the Freedom of Information Act (FOIA), 5. U.S.C. §552, all determinations concerning the release of information of this nature are made on a case-by-case basis by the FEMA FOIA Office, and may likely fall within one or more of the available exemptions under the Act. The applicant is encouraged to consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. The applicant may also consult FEMA regarding concerns or questions about the release of information under State and local laws. The grantee should be familiar with the regulations governing Sensitive Security Information (49 CFR Part 1520), as it may provide additional protection to certain classes of homeland security information.

3. Availability of Federal Funds: This grant award is contingent upon availability of federal funds approved by Congress.

4. Bidding Requirements: The subrecipient must comply with proper competitive bidding procedures as 2 CFR 200.310-316 and 2 CFR 200.317-326. On any items, including those bids in the aggregate, whose total cost is less than $5,000, the bids do not have to be submitted to the DOS for review and approval; but adequate documentation must be maintained in the subrecipient’s files. On any items, including those bids in the aggregate, whose total cost is $5,000 or more, bids must be submitted to DOS, if requested.

a. Buy American Act: In general, grantees are not required to comport with the restrictions of the Buy American Act (41 U.S.C. 10a) However, grants authorized under the Stafford Act, including EMPG program, must follow these standards. The Buy American Act requires that all materials purchased be produced in the United States, unless such materials are not available, or such purchases would not be in the public interest

5. Bonding: It is strongly recommended that all officials identified on this grant who have authority to obligate, expend or approve expenditures be bonded for an amount no less than the total amount of the grant.


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6. Closed-Captioning of Public Service Announcements: Any television public service announcement that is produced or funded in whole or in part by any agency or instrumentality of the federal government shall include closed captioning of the verbal content of such announcement.

7. Compliance Agreement: The subrecipient agrees to abide by all Terms and Conditions including "Special Conditions" placed upon the grant award by DOS. Failure to comply could result in a "Stop Payment" being placed on the grant.

8. Conflict Of Interest: Per 2 CFR 200 Recipients and subrecipients must disclose in writing to FEMA or its pass through entity, any potential conflict of interest in the Federal award’s lifecycle. Personnel and other officials connected with this grant shall refer to the advice below but insure that a local policy is in place to comply generalized paraphrased policy sample herein and given below:

Advice: No official or employee of a state or unit of local government or of non-government grantees/subrecipients shall participate personally through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in any proceeding, application, request for a ruling or other determination, contract, grant, cooperative agreement, claim, controversy, or other particular matter in which these funds are used, where to his knowledge he or his immediate family, partners, organization other than a public agency in which he is serving as officer, director, trustee, partner, or employee or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest.

Appearance: In the use of these grant funds, officials or employees of state or local units of government and non-governmental grantees/subrecipients shall avoid any action which might result in, or create the appearance of the following: Using his or her official position for private gain; Giving preferential treatment to any person; Losing complete independence or impartiality; Making an official decision outside official channels; and/or Adversely affecting the confidence of the public in the integrity of the government or the

program.

Recipients and subrecipients must disclose, in a timely manner and in writing to FEMA or the pass-through entity, all violations of Federal criminal law involving fraud, bribery, or gratuity potentially affecting the Federal award.

9. Consultants: Billings for consultants who are individuals must include at a minimum: a description

of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Individual consultant costs must be within the prevailing rates, not to exceed the maximum of $650.00 per day. Permission for costs that exceed $650 per day in total will need to be granted by DOS who must seek approval for DHS/FEMA for an increased rate.

10. Continuation: The applicant agrees that if the requested project is funded continuation is not

guaranteed.


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11. Contract Requirements: The applicant agrees that no contract or agreement may be entered into

by the subrecipient for execution of project activities or provision for services to a sub grant project (other than the purchase of supplies or standard commercial or maintenance services) which is not incorporated in the approved application. Any such arrangements will provide that the subrecipient will retain ultimate control and responsibility for the project and that the contractor will be bound by these conditions as well as the subrecipient.

12. Construction Projects: HSGP Program is effectively considered a non-constrcution program.

However, subrecipients using funds for ancillary construction projects/work must comply with the Davis-Bacon Act (40 U.S.C. 3141 et seq.). Grant recipients must ensure that their contractors or subcontractors for construction projects pay workers employed directly at the work-site no less than the prevailing wages and fringe benefits paid on projects of a similar character. Additional information, including Department of Labor (DOL) wage determination, is available from the following website: http://www.dol.gov/compliance/laws/comp-dbra.htm.

13. Data Collection: The recipient agrees to cooperate with any assessments, national evaluation

efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement.

14. Deobligation of Grant Funds: All grants must be deobligated at the end of the end of the grant

period. Failure to deobligate the grant in a timely manner will result in an automatic deobligation of the grant by DOS.

15. Disclosure of Federal Participation: In compliance with Section 623 of Public Law 102-141, the subrecipient agrees that no amount of this award shall be used to finance the acquisition of goods and services (including construction services) for the project unless the subrecipient agrees to the following: Specifies in any announcement of the awarding of the contract for the procurement of the

goods and services involved (including construction services) the amount of federal funds that will be used to finance the acquisition and

Expresses the amount announced pursuant to paragraph (a) as a percentage of the total cost of the planned acquisition.

The above requirements only apply to a procurement for goods or services (including construction services) that has an aggregate value of $500,000 or more.

16. Equipment: The subrecipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: “Purchased with funds provided by the U.S. Department of Homeland Security and the NH Department of Safety - Grants Management Unit.” Additionally, when practicable, any equipment purchased with funding under this agreement shall bear on it the logos of the NH Department of Safety - Grants Management Unit and U.S. Department of Homeland Security.

17. Financial Responsibility: The financial responsibility of subrecipients must be such that the subrecipient can properly discharge the public trust which accompanies the authority to expend public funds. Adequate accounting systems should meet the following criteria:


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Accounting records should provide information needed to adequately identify the receipt of funds under each grant awarded and the expenditure of funds for each grant;

Entries in accounting records should refer to subsidiary records and/or documentation which support the entry and which can be readily located;

The accounting system should provide accurate and current financial reporting information; and,

The accounting system should be integrated with an adequate system of internal controls to safeguard the funds and assets covered, check the accuracy and reliability of accounting data, promote operational efficiency and encourage adherence to prescribed management policies.

18. Interest and Other Program Income: The applicant agrees to be accountable for all interest or

other income earned by the subrecipient with respect to sub grant funds or as a result of conduct of the project (sale of publications, registration fees, service charges, etc.) All program income generated by this grant during the project must be reported to DOS quarterly and must be put back into the project or be used to reduce the grantor participation in the program. The use or planned use of all program income must have prior written approval from DOS.

19. Interoperable Equipment: Grantee is responsible for all license requirements resulting from a

potential grant. Equipment must meet DHS/FEMA recommended P-25 compatible standards

20. Legal Action: The subrecipient agrees that should the NH Department of Safety - Grants Management Unit determine that it needs to take legal action against the subrecipient for actions arising out of the grant, the subrecipient will waive jurisdiction and have the case heard in either state or federal court in Concord, New Hampshire.

21. Obligation of Grant Funds: Grant funds may not be obligated prior to the effective date of the

approved grant application and without advance written approval by DOS. No obligations are allowed after the end of the grant period and the final request for payment must be submitted no later than 30 calendar days before the end of the grant period.

22. Performance: This grant may be terminated or fund payments discontinued by DOS where it finds a substantial failure to comply with the provisions of the legislation governing these funds or regulations promulgated, including those grant conditions or other obligations established by DOS. In the event the subrecipient fails to perform the services described herein and has previously received financial assistance from DOS, the subrecipient shall reimburse DOS the full amount of the payments made. However, if the services described herein are partially performed, and the subrecipient has previously received financial assistance, the subrecipient shall proportionally reimburse DOS for payments made.

23. Property Control: Effective control and accountability must be maintained for all personal

property. Subrecipients must adequately safeguard all such property and must assure that it is used solely for authorized purposes. Subrecipients should exercise caution in the use, maintenance, protection and preservation of such property. Subrecipients agree to follow the terms of 2 CFR 200.317 – 200.326. In part this includes the following long term obligation (paraphrased here for outline purposes only but not meant to be a substitute for understanding and applying the 2 CRF 200.310-200.316 :


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Management requirements. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place will, as a minimum, meet the following requirements: (1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. (3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. (4) Adequate maintenance procedures must be developed to keep the property in good condition. (5) If the grantee or subrecipient is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. Disposition. Must be reported to Grants Management and completed in accordance with 2 CFR 200. In cases where a grantee or subrecipient fails to take appropriate disposition actions, the awarding agency may direct the grantee or subrecipient to take excess and disposition actions. Federal equipment. In the event a grantee or subrecipient is provided federally-owned equipment: (1) Title will remain vested in the Federal Government. (2) Grantees or subrecipients will manage the equipment in accordance with Federal agency rules and procedures, and submit an annual inventory listing. (3) When the equipment is no longer needed, the grantee or subrecipient will request disposition instructions from the Federal agency. Right to transfer title. The Federal awarding agency may reserve the right to transfer title to the Federal Government or a third part named by the awarding agency when such a third party is otherwise eligible under existing statutes. Such transfers shall be subject to the following standards: (1) The property shall be identified in the grant or otherwise made known to the grantee in writing. (2) The Federal awarding agency shall issue disposition instruction within 120 calendar days after the end of the Federal support of the project for which it was acquired. If the Federal awarding agency fails to issue disposition instructions within the 120 calendar-day period the grantee shall follow? 2 CFR 200. (3) When title to equipment is transferred, the grantee shall be paid an amount calculated by applying the percentage of participation in the purchase to the current fair market value of the property.


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Right to transfer title. The Federal awarding agency may reserve the right to transfer title to the Federal Government or a third part named by the awarding agency when such a third party is otherwise eligible under existing statutes. Such transfers shall be subject to the following standards: (1) The property shall be identified in the grant or otherwise made known to the grantee in writing.

(2) The Federal awarding agency shall issue disposition instruction within 120 calendar days after the end of the Federal support of the project for which it was acquired. If the Federal awarding agency fails to issue disposition instructions within the 120 calendar-day period the grantee shall follow? 2 CFR 200 (3) When title to equipment is transferred, the grantee shall be paid an amount calculated by applying the percentage of participation in the purchase to the current fair market value of the property.

24. Records: The applicant will give the grantor agency or the DHS or the Office of the Inspector

General, through any authorized representative, the access to and the right to examine all records, books, papers or documents related to the grant.

25. Recording and Documentation of Receipts and Expenditures: Subrecipient’s accounting procedures must provide for accurate and timely recording of receipt of funds by source of expenditures made from such funds and unexpended balances. These records must contain information pertaining to grant awards, obligations, unobligated balances, assets, liabilities, expenditures and program income. Controls must be established which are adequate to ensure that expenditures charged to the sub grant activities are for allowable purposes. Additionally, effective control and accountability must be maintained for all grant cash, real and personal property and other assets. Accounting records must be supported by such source documentation as cancelled checks, paid bills, payrolls, time and attendance records, contract documents, grant award documents, etc.

26. Reports: The subrecipient shall submit, at such times and in such form as may be prescribed, such

reports as DOS may reasonably require, including financial reports, progress reports, final financial reports and evaluation reports.

27. Final and fiscal close‐out Report: The report is in addition to the cumulative progress reports

and is also due 30 days after the end of the grant period.

28. Retention of Records: Records for non-expendable property purchased totally or partially with grantor funds must be retained for three years after its final disposition. All other pertinent grant records including financial records, supporting documents and statistical records shall be retained for a minimum of three years after the final expenditure report. However, if any litigation, claim or audit is started before the expiration of the three year period, then records must be retained for three years after the litigation, claim or audit is resolved.

29. Suspension or Termination of Funding: DOS may suspend, in whole or in part, and/or

terminate funding for or impose another sanction on a subrecipient for any of the following reasons:


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Failure to comply substantially with requirements or statutory objectives of the 2003 Omnibus Appropriations Act issued there under, or other provisions of Federal Law;

Failure to adhere to the requirements, standard conditions or special conditions; Proposing or implementing substantial program changes to the extent that, if originally

submitted, the application would not have been approved for funding; Failure to submit reports; Filing a false certification in this application or other report or document; Other good cause shown.

30. Utilization and Payment of Grant Funds: Funds awarded are to be expended only for purposes

and activities covered by the subrecipient’s approved project plan and budget. Items must be in the subrecipient’s approved grant budget in order to be eligible for reimbursement.

31. Utilization of Minority Businesses: Subrecipients are encouraged to utilize qualified minority firms where cost and performance of major contract work will not conflict with funding or time schedules.

32. Written Approval of Changes: Any mutually agreed upon changes to this sub grant must be

approved, in writing, by DOS prior to implementation or obligation and shall be incorporated in written amendments to this grant. This procedure for changes to the approved sub grant is not limited to budgetary changes, but also includes changes of substance in project activities and changes in the project director or key professional personnel identified in the approved application.

Reporting Requirement: Typing of Equipment and Training: Ongoing HSGP Guidance, FOA, and NOFAs require that all where applicable grantees report equipment purchases and the typed capability the equipment supports (where such typing guidance exists); the number of people trained in a given capability to support a reported number of defined resource typed teams (e.g., 63 responders were trained in structural collapse to support 23 Type 2 USAR Teams); and the total number of a defined type of resource and capabilities built utilizing the resources of this grant. Grantees will specify the number of resources, capability supported, whether it is a NIMS or State/local typed resource, the cost, and whether the resource sustains current capabilities or adds new capabilities. The resources should be reported only after equipment is delivered or after training has occurred and the corresponding grant funds have been expended. GMU will advise further on format for reporting upon grant award. As a condition of the receipt of these funds: Funding may be suspended or terminated for filing a false certification in this application or other

reports or document as part of this program. Tracking of Equipment: Upkeep, maintenance, and training of and for equipment procured as part of the Homeland

Security grant program is a local and/or grantee responsibility. The inventory of this equipment is a local responsibility and the recipient of such understands that inspections, auditing, and inventory accounting of this equipment may occur as a condition of this grant either from Federal, State or other appropriate level agency and agent.

Equipment valued over $5,000: To comply with OMB 2 CFR 200 equipment valued at this level must inventoried and tracked

locally and be reported to the State Department of Safety (DOS) – Grants Management Unit for


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2 years or until the item carries a depreciated value of less than $250. The disposition of the equipment must be reported. DOS recommends consulting with local auditor’s compliance and disposition rules governing equipment procured with Federal funds.

Certification by Official Authorized to Sign I certify that I understand and agree to comply with the general and fiscal provisions of this grant application including the terms and conditions; to comply with provisions of the regulations governing these funds and all other federal and state laws; that all information presented is correct; that there has been appropriate coordination with affected agencies; that I am duly authorized by the Applicant to perform the tasks of the Official Authorized to Sign as they relate to the requirements of this grant application; that costs incurred prior to Grantee approval may result in the expenditures being absorbed by the subrecipient; and, that the receipt of these grant funds through the Grantee will not supplant state or local funds. CERTIFICATION: I CERTIFY THAT I AM DULY AUTHORIZED UNDER THE STATUTES OF THE STATE OF NH TO APPLY FOR, AUTHORIZE, OR ACCEPT THE HOMELAND SECURITY GRANT FUNDS / EQUIPMENT HEREIN. ***THE AUTHORIZING OFFICIAL MUST BE STATUTORILY ALLOWED TO SIGN A CONTRACT FOR THE MUNICIPALITY (i.e. Mayor, City Manager, Town Manager, Chairperson BOS, etc.) PER RSA 31:95b or RSA 37:6 Non-Supplanting Certification: This certification, which is a required component of the New Hampshire application, affirms that federal Homeland Security grant funds will be used to supplement (add to) existing funds, and will not supplant (replace) funds that have been locally appropriated for the same purpose. Potential supplanting will be addressed in the application review as well as in the pre-award review, post award monitoring, and the audit. DHS/FEMA I.B. 379 allows are as well as FP-205-402-125-1 which apply to maintenance and sustainment of grant or in some cases non- grant acquired capabilities with specific definitions. Applicants and/or grantees will be/may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons OTHER than the receipt or expected receipt of federal Homeland Security grant funds. Supplanting funds is loosely defined (for these purposes) as using federal grant money to “replace” or “take the place of” existing local funding for equipment or programs. The funds are intended to provide local entities with increased or in 2015 sustained capabilities or to build capacity to address CBRNE/WMD terrorist incidents.


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CERTIFICATION BY PROGRAM MANAGER/CONTACT* I certify that: (1) I understand and agree to comply with the general and fiscal provisions of this grant application including the terms and conditions; (2) I understand and agree to comply with provisions of the regulations governing these funds and all other federal and state laws; (3) all information presented is correct; (4) there has been appropriate coordination with affected agencies; (5) I am duly authorized by the applicant to perform the tasks of Program Manager/Contact as they relate to the requirements of this grant application; (6) costs incurred prior to Grantee approval may result in the expenditures being absorbed by the sub-grantee; and, (7) the receipt of these grant funds through the Grantee will not supplant state or local funds. Name:

______________________________________ Title: ___________________________ Agency: __________________________________ Mailing Address: _________________ Phone Number: ______________________ _______________________________ Fax Number: ________________________ E‐Mail Address: _______________________________ Signature: _______________________________________________

CERTIFICATION BY FINANCIAL OFFICER* I certify that: (1) I understand and agree to comply with the general and fiscal provisions of this grant application including the terms and conditions; (2) I understand and agree to comply with provisions of the regulations governing these funds and all other federal and state laws; (3) all information presented is correct; (4) there has been appropriate coordination with affected agencies; (5) I am duly authorized by the applicant to perform the tasks of Financial Officer as they relate to the requirements of this grant application; (6) costs incurred prior to Grantee approval may result in the expenditures being absorbed by the sub-grantee; and, (7) the receipt of these grant funds through the Grantee will not supplant state or local funds. Name:

______________________________________ Title: ___________________________ Agency: __________________________________ Mailing Address: _________________ Phone Number: ______________________ _______________________________ Fax Number: ________________________ E‐Mail Address: _______________________________ Signature: _______________________________________________


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CERTIFICATION BY AUTHORIZED OFFICIAL* I certify that: (1) I understand and agree to comply with the general and fiscal provisions of this grant application including the terms and conditions; (2) I understand and agree to comply with provisions of the regulations governing these funds and all other federal and state laws; (3) all information presented is correct; (4) there has been appropriate coordination with affected agencies; (5) I am duly authorized by the applicant to perform the tasks of Authorized Official as they relate to the requirements of this grant application; (6) costs incurred prior to Grantee approval may result in the expenditures being absorbed by the sub-grantee; and, (7) the receipt of these grant funds through the Grantee will not supplant state or local funds. Name:

______________________________________ Title: ___________________________ Agency: __________________________________ Mailing Address: _________________ Phone Number: ______________________ _______________________________ Fax Number: ________________________ E‐Mail Address: _______________________________ Signature: _______________________________________________ Authorized Official (Per NH RSA 31:95b or RSA 37:6) *NOTE: THE PROJECT DIRECTOR, FINANCIAL OFFICER AND AUTHORIZED OFFICIAL CANNOT BE THE SAME PERSON.


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APPENDIX B

EXHIBIT F

ACCEPTANCE OF AUDIT REQUIREMENTS FFY 2015 Homeland Security Grant Program

We agree to have an audit conducted in compliance with OMB Uniform Guidance 2 CFR 200, if applicable. If a compliance audit is not required, at the end of each audit period we will certify in writing that we have not expended the amount of federal funds that would require a compliance audit ($750,000). If a State Agency: Non‐Federal entities that expend $750,000 or more in federal funds (from all sources including pass‐through sub awards) in the organizational fiscal year shall have a single organization‐wide audit conducted in accordance with the provisions of if applicable to your State Agency in accordance with 2 CFR 200 F and the State CAFR. If required, we will forward for review and clearance a copy of the completed audit(s) to the following:

NH Department of Safety Office of the Commissioner Grants Management Unit


The following is information on the next organization‐wide audit that will include this agency:

1. *Audit Period (Organization’s fiscal or calendar year to be audited)

Beginning: _______________ Ending: ________________ date date Audit will be submitted to NH DOS Grants Management Unit by:

(Date must be no later than the ninth month after the end of the audit period) Date: __________________

Additionally, we have or will notify our auditor of the above audit requirements prior to performance of the audit for the period listed above. We will also ensure that, if required, the entire grant period will be covered by a compliance audit which in some cases will mean more than one audit must be submitted. We will advise the auditor to cite specifically that the audit was done in accordance with OMB Uniform Guidance 2 CFR 200. NH DOS Grants Management Unit will furnish any information regarding the OMB Uniform Guidance 2 CFR 200 audit requirements, upon request. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR GRANT AWARD BEING DELAYED AND/OR CANCELLED.

Signatures: Dated_____________________________

________________________ ________________________ ________________________

Program Director Financial Officer Authorized Official (per RSA 31:95b or RSA 37:6) ________________________ ________________________ ________________________ Print Name Print Name Print Name


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APPENDIX B

EXHIBIT G OMB Number: 4040-0007

Expiration Date: 06/30/2014

ASSURANCES - NON-CONSTRUCTION PROGRAMS

Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.

PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.

NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding

agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified.

As the duly authorized representative of the applicant, I certify that the applicant:

Standard Form 424B (Rev. 7-97) Prescribed by OMB Circular A-102

Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.

1. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

2. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Authorized for Local Reproduction

3. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application.

4. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.

5. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

7. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).

8. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation


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9. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally-assisted construction subagreements.

10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.

11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205).

12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).

14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.

15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance.

16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Uniform Guidance 2 CFR 200.

18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program.

19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award.

Standard Form 424B (Rev. 7-97) Back


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CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form –LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any 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 commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

----------------------------------------------------------------------------------------------------------------------- As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Subrecipient/subawardee Name and Address:

____________________________________________________ ____________________________________________________

2. Project Name: _______________________________________________________ 3. Grantee IRS Number: _________________________________________________ 4. Typed Name and Title of Authorized Representative:

___________________________________________________________________________ 5. Signature of Authorized Representative:

______________________________________________

6. Date: ___________________________


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APPENDIX B

EXHIBIT H

FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT

SUB-RECIPIENT INFORMATION REPORTING FORM (It is recommended this form be completed by your grant administrator or chief financial officer.)

Section I MUST be completed by applicants seeking federal funding assistance from the Homeland Security Grant.

SECTION I. AGENCY/INSTITUTION NAME & ADDRESS Name:

Address:

City: State: Zip Code: ________-_______ (9 digits required)

Sub-Recipient DUNS Number:

Sub-Recipient MPIN Number (CCR Registration Number): Completed: ______ Yes ______ No

Section II MUST be completed if this application seeks federal funds totaling $25,000.00 or more. SECTION II. SUB-RECIPIENT REVENUE INFORMATION

(Preceding Fiscal Year) Sub-Recipients Annual Gross Revenues Exceeded 80 percent or more in Federal Awards

Yes

No

Sub-Recipients Annual Gross Revenues Equal or Exceed $25,000,000.00. in Federal Awards

Yes

No

Sub-Recipient’s 5 Most Highly Compensated Officers

Officer Names Officer Compensation 1.

2.

3.

4.

5.

Comments

PREPARED BY: DATE: Name:

Title:

Telephone: Email:

HS-21 (1/11) INSTRUCTIONS ON REVERSE SIDE (OVER)


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Instructions for Completing Sub-Recipient Information Reporting Form Agency/Institution Name & Address

Please give the name and address for the agency or institution receiving the federal funding Do not give a name and address of an individual’s name working at the agency or institution

Sub-Recipient DUNS Number

The DUNS number is a unique nine-character number that identifies your organization. It is a tool of the federal government to track how federal money is distributed. Most large organizations, libraries, colleges and research universities already have DUNS numbers. Ask your grant administrator or chief financial officer to provide your organization’s DUNS number.

If your organization does not have a DUNS number, use the Dun & Bradstreet (D&B) online registration to receive one free of charge: http://fedgov.dnb.com/webform

For more information on DUNS numbers, please visit the federal government’s grant administration website: http://www.grants.gov/applicants/org_step1.jsp

Sub-Recipient MPIN/CCR Number (not required)

The Central Contractor Registration (CCR) is a web-enabled government-wide application that collects, validates, stores and disseminates business information about the federal government’s trading partners in support of the contract award, grants, and the electronic payment process.

Sub-Recipient Annual Gross Revenues Exceed 80 Percent or more in Federal Awards

Please check “yes” if, in the preceding fiscal year, your agency or institution received 80 percent or more of its annual gross revenues in federal awards.

Please check “no” if, in the preceding fiscal year, your agency or institution did not receive 80 percent or more of its annual gross revenues in federal awards.

Sub-Recipient Annual Gross Revenues Equal or Exceed $25,000,000. in Federal Awards

Please check “yes” if, in the preceding fiscal year, your agency’s or institution’s annual gross revenues equaled or exceeded $25,000,000 in federal funds.

Please check “no” if, in the preceding fiscal year, your agency’s or institution’s annual gross revenues did not equal or exceed $25,000,000 in federal awards.

Sub-Recipient Highly Compensated Officers

If you checked “no” in the two boxes above, then this information is not required. If you checked “yes” in the two boxes above, and if the public does not have access to this

information through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. Section 78m(a), 780(d) ), or Section 6104 of the Internal Revenue Code of 1986, then please list the names and compensation amounts of the five (5) most highly compensated employees within your agency or institution.

Comments

This is not a required filed. Please feel free to add any comments you feel are necessary to fully explain your answers in the above fields.


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APPENDIX B

EXHIBIT I

LOCAL SPECIAL CONDITIONS – FFY 2015 SUBGRANTEE: GRANT AWARD AMOUNT: GRANT TITLE: GRANT AWARD DATE: GRANT PROGRAM: CFDA#: 97.067 ALL SPECIAL CONDITIONS MUST BE RESPONDED TO WITHIN THIRTY (30) DAYS FROM THE AWARD DATE AND PRIOR TO DISBURSEMENT OF FUNDS UNLESS OTHERWISE SPECIFIED. THESE GRANT FUNDS EXPIRE ON August 31, 2018. Accordingly per DHS/FEMA‐ Office of Financial & Grants Management guide: page 21: The award period is the period of time when Federal funding is available for obligation by the recipient. The recipient may charge to the grant only allowable costs resulting from the obligations incurred during the funding period... Any funds not properly obligated by the recipient within the grant award period will lapse and revert back to DOS or DHS/FEMA...The obligation period is the same as the award period listed on the award document. BY SIGNING THIS FORM YOU AGREE TO THE CONDITIONS OF THIS GRANT. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

1. Please note the following special conditions for your grant award: a. Indicate which of the following is true regarding the project funded with these Homeland

Security dollars by circling the correct selection (circle only one). i. Sustaining or maintaining a capability acquired with federal homeland security

funding; ii. Sustaining or maintaining a capability acquired without federal homeland security

funding; or iii. Developing or acquiring a new core capability.

b. Per 2015 Grant Guidance, please provide your DUNS number here: ________________________

2. Project Implementation: The subrecipient agrees to implement this project within 60 days following the grant award effective date or be subject to automatic cancellation of the grant. For projects subject to EHP/NEPA, NO work can begin until EHP/NEPA approvals are granted. DOS‐GMU will advise sub‐recipient of the approval once received. DOS‐GMU reserves the right to verify project start date. All projects must be competed at least 30 days prior to end of the grant period as specified on the Grant Special Conditions page. No work may be completed or be eligible for reimbursement if it occurs after the grant period end date.

3. All sub‐grantees must comply with the Grant Terms and Conditions included with this award.


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4. All sub‐grantees must comply with the National Incident Management System (NIMS) minimum requirements as specified in the Fiscal Year 2015 Homeland Security Grant Program Guidelines. Additional information about achieving compliance is available through the training officers at the NH Department of Safety’s Fire Academy and EMS Bureau and the Division of Homeland Security and Emergency Management.

5. All sub‐grantees must comply and be familiar with Homeland Security Presidential Policy Directive‐

8, the National Preparedness System* (NPS) and the National Preparedness Goal (NPG). See: http://www.dhs.gov/presidential‐policy‐directive‐8‐national‐preparedness .

6. It is recommended that all grant recipients modify their existing incident management and

emergency operations plans in accordance with the National Response Plan’s coordinating structures, processes, and protocols. http://www.dhs.gov/xlibrary/assets/NRP_Brochure.pdf

7. All SHSP sub‐grantees must, when appropriate, engage citizens by expanding plans and task force memberships to address citizen participation; awareness and outreach to inform and engage the public; include citizens in training and exercise; and develop or expand programs that integrate citizen/volunteer support for the emergency responder disciplines. Grantees are encouraged to integrate with the Citizens’ Corp from their local area. Contact VolunteerNH!

8. Recurring costs/fees are not allowable for funding under the 2015 Homeland Security Grant

Program. Internet service fees, radio service fees, cellular phone fees, satellite phone fees, etc. paid for with grant funds are for 12 months during the year of equipment purchase only and cannot extend beyond the end date of the grant.


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APPENDIX C

Certificate of Good Standing Instructions Personal services contracts in the amount $1,000 or more must be accompanied by a Certificate of Good Standing issued by the Secretary of State’s Office (“SOS”), unless they involve contracts with: (1) nonresident nonprofit corporations; (2) individuals contracting in their own name (as individuals, not as business organizations); and (3) Regional Planning Commissions and political subdivisions (i.e., villages, cities, towns). The following Certificates of Good Standing requirements apply to other business organizations: a. Corporation, Professional Corporation, Limited Liability Company, Professional Limited

Liability Company, Limited Liability Partnerships Consumer Cooperative, Business Trust - Not more than one (1) year from the preceding April 1st because entities must file their annual reports with the SOS by April 1st of each year. RSA 293-A:16.22. Therefore, a Certificate of Good Standing that is dated prior to the last April 1st is unacceptable. For example, a Certificate of Good Standing that is presented to a State Agency by a contractor on July 1, 2008, but dated February 15, 2008, is unacceptable because it predates the April 1, 2008 registration deadline.

b. Voluntary Corporations and Associations Organized Under RSA chapter 292 (Domestic Non-Profit Corporations) – Not more than five (5) years from the date of last renewal. Please note that these organizations must file a return with the SOS every five (5) years after the anniversary of their creation, and that the five (5) year cycles are the same for all these organizations. The last renewal year for these organizations was 2010. Therefore, Certificates of Good Standing are acceptable as long as they are dated in 2010 or thereafter, and they are accompanied by a copy of a printout from the SOS website showing the entity’s date of creation, because that information is not included in a Certificate of Good Standing. RSA 292:25.

c. Trade Names – not more than five (5) years from the date of last registration of trade name with the SOS. RSA 349:6.

i. A copy of printout from the SOS website must be included in the contract that identifies when the registration was filed because that information is not included in a Certificate of Good Standing. ii. Contracts with a trade name as the contracting party are not accepted. For example, if Jane Smith uses the trade name “Environmental Consulting Services,” and has not created a corporation or other business organization with that name, the contract must be with “Jane Smith, doing business as Environmental Consulting Services,” and not with “Environmental Consulting Services.”


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APPENDIX D

Certificate of Vote/Authority Instructions

Each contract between the State and a business organization (not individual) must have attached to it evidence of authority of the contractor to execute and be bound by the contract.

a. Business Organizations: A Certificate of Vote/Authority must be included in the contract that evidences the authority of the individual executing the contract to bind the business organization as of the date the individual signs the contract. The name of the business organization on the Certificate of Vote/Authority must match the name in the Certificate of Good Standing and the name of the contractor identified in the contract (e.g. Form P-37, block 1.3, Contractor Name). The Certificate of Vote/Authority must not be executed by the same individual executing the contract, unless the Certificate of Vote/Authority states that the individual is the sole shareholder, member, director, or officer of the business organization.

b. Trade Names: If the contractor is a business organization that uses a trade name (i.e., Joe Smith Plumbing, Inc., DBA Joe’s Plumbing), a Certificate of Vote/Authority is required that complies with the requirements described in paragraph 17.b above. If the contractor has not formed a business organization, but is an individual using a trade name (i.e., Jane Smith, DBA “Janitorial Services”), a Certificate of Vote/Authority is not required.

c. Municipal Contracts: The local ordinance or an excerpt of minutes must be included evidencing that the individual(s) executing the contract have the authority to bind the municipality.

d. The Certificate of Vote/Authority must contain following elements:

i. If the vote or unanimous consent predates the contract execution, the Certificate of Vote/Authority must state that the vote or the unanimous consent has not been amended or repealed as of the date of execution of the contract. If the vote or unanimous consent post-dates the date of contract execution, then the organization must ratify the execution of the contract. ii. If the vote or unanimous consent authorizes the holder of a particular office to execute contracts (as opposed to a particular individual), the Certificate of Vote/Authority must state that the person executing the contract holds that office as of the date of the execution. iii. The person authorized in the vote cannot be the same person who signs the Certificate of Vote/Authority unless the Certificate of Vote/Authority states that that person is the sole shareholder or member, director, or officer. iv. The Certificate of Vote/Authority must be notarized.

FEMA Core Capabilities

Core Capability Mission Area

1 Planning All

2 Public Information and Warning All

3 Operational Coordination All

4 Forensics and Attribution Prevention

5 Intelligence and Information Sharing Prevention, Protection

6 Interdiction and Disruption Prevention, Protection

7 Screening, Search and Detection Prevention, Protection

8 Access Control and Identity Verification Protection

9 Cybersecurity Protection

10 Physical Protective Measures Protection

11 Risk Management for Protection Programs and Activities Protection

12 Supply Chain Integrity and Security Protection

13 Community Resilience Mitigation

14 Long-Term Vulnerability Reduction Mitigation

15 Risk and Disaster Resilience Assessment Mitigation

16 Threats and Hazards Identification Mitigation

17 Critical Transportation Response

18 Environmental Response/Health and Safety Response

19 Fatality Management Services Response

20 Fire Management and Suppression Response

21 Infrastructure Systems Response, Recovery

22 Logistics and Supply Chain Management Response

23 Mass Care Services Response

24 Mass Search and Rescue Operations Response

25 On-Scene Security, Protection and Law Enforcement Response

26 Operational Communications Response

27 Public Health, Healthcare and Emergency Medical Services Response

28 Situational Assessment Response

29 Economic Recovery Recovery

30 Health and Social Services Recovery

31 Housing Recovery

32 Natural and Cultural Resources Recovery


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APPENDIX F

Proposal Face Sheet

1. Legal Name of Organization:

2. Name of Program for which funds are requested:

3. Amount of funds requested through this application: $

4. Budget Period:

5. Name and Title of Organization contact person for application:

6. Mailing address:

7. Phone number:

8. Fax number:

9. E-mail address:



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Proposal Face Sheet Instructions

2. Legal name of Organization: Enter the legal name of the organization. This must match the name on the Certificate of Good Standing issued by the Secretary of State.

3. Name of program for which funds are requested: This is the specific program for which

you are requesting funds. 4. Amount of funds requested through this application: Unless otherwise specified, this

should be the amount in the RFP for this program. 5. Budget Period: Enter the beginning and ending date for the budget period.

6. Name and title of organization’s contact person for proposal: Enter the name of the

contact person and their title within the agency (i.e. Executive Director, Medical Program Coordinator). This should be the person who can answer questions relative to the application.

7. Mailing address: Enter the address to which correspondence relative to the proposal should

be sent. 8. Phone number: Enter the phone number for the contact person.

9. Fax number: Enter the fax number to which correspondence relative to the proposal should

be sent. 10. E-mail address: Enter the e-mail address for the contact person.


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Proposal Checklist

Organization Name:

This checklist is provided to assist you in assuring your proposal is complete. Please check off all required items and submit it with your proposal.

Face Sheet Checklist

[

[

]

]

Table of Contents [ ]

Program Narrative [ ]

Operating Budget Template [ ]

Budget Narrative [ ]

Program Staff List Insurance Acknowledgement Form

[

[

]

]

NH Contractual Documents [ ]


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BUDGET TEMPLATE: (All costs must be supported with back-up rationale for applicable need): Available Federal Funding: Up to $50,000.00*

EXPENSE (Example Only) QTY. COST ESTIMATE

Service Fee/Indirect/Overhead

Reviewer and technical support

Travel

Lodging

Subject Matter Expert

AV support

Miscellaneous

TOTAL

*As stated in Section 3.1 PRICE may be a factor


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Program Staff List

Organization Name: Program: All-hazard Training Evaluation Budget Period:

A B C D E

Position Title

Current Individual in

Position

Projected Hrly Rate as

of 1st Day of Budget Period

Total Hours on this

Project 6/30/12 – 9/30/12

Proj. Amnt Funded by State Program for Budget Period

Example: Program Coordinator Sandra Smith $21.00 40 $21,840

*Program Manager

Total Salaries Funded by State Program

$0.00

*Required as project contact **This total should match the Total Salary/Wages line item on the budget.


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Program Staff List Instructions

This form should include all staff in the program funded in part or whole through this application. It should provide an accurate projection of all staff salaries to be paid through the grant for the budget period. Please note a Program Manager must be identified and include a current resume and professional credentials. List each staff member’s:

A. Position Title

B. Name

C. Professional Credentials or licenses (see Section 2.2)

D. Hourly rate as of the first day of the budget period (period (not to exceed $550 per day

without specific exception granted)

E. Number of hours to be worked in the program (total)

F. Amount of the total salary funded by this program for the budget period If the program has current positions or projected new positions that will be paid out of the grant, list them as vacant is the name column and complete the remaining columns as instructed above.

The total salaries should match the total salary/wages line item on the budget. Benefits are not included here. Consultants should be listed separately on that line item of the budget and described in the budget narrative.