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Item C14 C.14' CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS y M T� \�1a� Mayor Michelle Coldiron,District 2 Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: C.14 Agenda Item Summary #3317 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305)289-6325 N/A AGENDA ITEM WORDING: Approval of a Securing the Cities (STC) Memorandum of Understanding (MOU) with the City of Miami, concerning a United States Department of Homeland Security (DHS) Domestic Nuclear Detection Office (DNDO) STC Program 2019 grant to provide funds to address the unique equipment, training, planning, exercise and operational needs for the region, and to assist in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and other high-consequence events utilizing nuclear or other radiological materials that pose risk to homeland security in high-risk urban areas, and delegation of authority to the Monroe County Director of Emergency Management to execute this agreement and related documentation. The City of Miami as the sponsoring agency has received or expects to receive various forms of assistance from the federal government, including funding and equipment to accomplish this initiative. ITEM BACKGROUND: The purpose of this MOU is to maintain cooperative and collaborative relationships with partner agencies within the region that will increase capabilities in identifying and responding to Radiological and Nuclear("R/N")threats. These efforts will require close collaboration, support and partnerships from all participants that ultimately will enhance the STC Program to the benefit of every organization/agency within the region. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve DOCUMENTATION: Securing the Cities MOU- MCEM FINAL MIAMI NOA_STC MIAMI STC Award Reso Packet Pg.476 C.14 FINANCIAL IMPACT: Effective Date: Upon Execution Expiration Date: Until Termination Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: Budgeted: N/A Source of Funds: N/A CPI: Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: County Match: N/A Insurance Required: N/A Additional Details: TBD REVIEWED BY: Shannon Weiner Completed 05/26/2021 1:42 PM Pedro Mercado Completed 05/26/2021 2:37 PM Purchasing Completed 05/26/2021 2:38 PM Budget and Finance Completed 05/28/2021 3:26 PM Maria Slavik Completed 05/28/2021 3:28 PM Liz Yongue Completed 06/01/2021 10:45 AM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg.477 C.14.a SECURING THE CITIES AGREEMENT FOR THE PROCUREMENT OF GOODS AND SERVICES UNDER THE SECURING THE CITIES INITIATIVE MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into this day of 2021, by and between the City of Miami, a municipal corporation of the State of Florida ("Sponsoring Agency"), as sponsoring agency and administrator that will have overall charge of the Securing the Cities ("STC") Program ("Cooperative Agreement") and Monroe County Board of County Commissioners BOCC, acting by and through Monroe County t2 Emergency Management with a principal office 490 63rd Street, Ocean, Marathon, FL 33050 ("Participating Agency") for the procurement and distribution of goods and services under this Securing the Cities Initiative. a, RECITALS WHEREAS,the United States Department of Homeland Security ("DHS") Domestic Nuclear Detection Office("DNDO"),has sub-granted the STC Program 2019 to the City of Miami U) as sponsoring agency, accepted pursuant to Resolution No. R-20-0183 , adopted June 25 2020,to provide funds to address the unique equipment,training,planning, z exercise and operational needs for the region, and to assist in building an enhanced and sustainable �- capacity to prevent, respond to, and recover from threats or acts of terrorism; and other high- consequence events utilizing nuclear or other radiological materials that pose risk to homeland security in high-risk urban areas; and WHEREAS, Securing-the-Cities Implementation Initiative is a coordinated effort by federal, state and local government entities to detect and prevent any transport of radiological materials into the South Florida region, by any group or person for the purpose of using those materials to attack any part of the region's critical infrastructures; and WHEREAS, Monroe County Emergency Management and the City of Miami intend to work together and in concert with the other agencies in the region, to design and implement systems for coordinated and integrated detection and interdiction of materials that may be used in a terrorist attack and recognize the need for mutual information sharing and cooperation to W operate such systems effectively; and WHEREAS,the City of Miami as the sponsoring agency has received or expects to receive various forms of assistance from the federal government including funding and equipment to accomplish this initiative; and WHEREAS, in accordance with the STC Program, the participating agencies will uphold the Memorandum of Understanding which will now include the distribution of equipment which specifies responsibilities, use, maintenance, inventory, calibration and disposal responsibilities in accordance with the STC Program's policies; and Packet Pg.478 C.14.a WHEREAS, the City Commission, by Resolution No. _ R-20-0183 , adopted on June 25 , 2020, has authorized the City Manager to enter into this Agreement with the Participating Agency on behalf of the City of Miami; NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: PURPOSE A. The purpose of this MOU is to maintain cooperative and collaborative relationships with partner agencies within the region that will increase capabilities in identifying and responding to Radiological and Nuclear ("R/N") threats. These efforts will require close collaboration, support and partnerships from all participants that ultimately will enhance the STC Program to the benefit of every organization/agency within the region. t2 B. This MOU will be utilized by the City of Miami in collaboration with regional partners to reduce the risk of a successful deployment of a R/N weapon of mass destruction or the a, movement of materials into a major metropolitan area such as South Florida. Considering the region's high-risk, it is critical and necessary to implement an expansive and multi- jurisdictional ability to discover and locate R/N threats, communicate information related to these threats and to develop a coordinated response with all principal partners. U) C. This MOU delineates the transfer of federal STC Program funded equipment from the _ Sponsoring Agency to the Participating agency. "- D. This MOU stipulates the Participating Agency's responsibilities for said equipment as per the Sponsoring Agency's and the STC Program's guidelines. E. This MOU describes the intent and sole purpose of equipment as used in coordination by the Participating Agency for the participation, use, and availability of "Regional" equipment. "Regional" equipment, for the purposes of this Program and it's participants includes,but is not limited to,equipment or training that shall benefit and be made available to STC participants as part of the collaboration of South Florida local and state first responder agencies in working effectively and efficiently together to prepare for, respond to, and reduce the risk of a successful deployment of a R/N terrorist weapon against a major metropolitan area in the United States by establishing sustainable capability within Global Nuclear Detection Architecture ("GNDA") partner agencies to detect, analyze, and report 0) R/N materials out of regulatory control within their jurisdictions. F. The parties agree to immediately notify and share security information with each other related to deployment and operation of equipment, goods and services provided pursuant to this MOU. G. Through this federal assistance, Monroe County Emergency Management will select various goods or services to be submitted for approval, first through the City of Miami STC Program review process and then ultimately through this Cooperative Agreement. Packet Pg.479 C.14.a 1. Utilizing reimbursement from the STC Program,the City of Miami or its STC partners will procure selected goods or services, including, but not limited to, the purchase of R/N detection devices; the purchase of other equipment as requested by the Agencies and approved by this Cooperative Agreement for the purposes of this program, such as Personal Radiation Detectors (PRD's), Radioisotope Identification Devices (RIID's), Backpack-based Radiation Detectors or mobile R/N detection devices incorporated onto vehicles as an interdiction platform;this also encompasses items that require either advance funds for prepaying the vendor or the Agency or direct reimbursement to either the vendor or the Agency after purchase; the reimbursement of approved overtime incurred for purposes of training and exercise planning and execution; other items or equipment as described for each federal fiscal year allocation under the STC Initiative. 2 Both the Grantor and the City of Miami as Sponsoring Agency,require that the process for purchases by the City of Miami must conform to the current Procurement Policy Rules of the City of Miami. Purchases made by the Monroe County Emergency Management must conform to Monroe County Emergency Management current a, Procurement Policy Rules that remain in compliance with 2 CFR 200. H. The City of Miami will arrange with Monroe County Emergency Management for employees of Monroe County Emergency Management to receive training about the use U) of the goods and equipment supplied to Monroe County Emergency Management pursuant to this MOU. The training will take place at a location and on a schedule to be z agreed upon by the parties with due consideration for turnover of personnel and the like. �- The Monroe County Emergency Management shall not distribute or deliver equipment to w other agencies unless they agree not to deploy such equipment without proper training. L Utilizing reimbursement from the STC Program, training hours will be properly tracked, Monroe County Emergency Management will be required to create a budget sheet and provide to the City of Miami or its contractor(s) pursuant to the terms of the Agreement. Monroe County Emergency Management agrees to the following: 1. Prior to training, Monroe County Emergency Management will submit to the City of Miami a projected Agency Funding Allocations budget sheet that will include: a the anticipated number of people in each rank who will provide training on an overtime basis as a Trainer(Trainer overtime); b. the overtime cost structure for each rank; c. the training hours required; and d the computed total cost, not to exceed Monroe County Emergency Management allocation as identified by the City of Miami. 2 Required submissions for Trainee (Trainee overtime) will follow the same procedures and terms as those stated above for Trainers, but only will be submitted for personnel who attend allowable trainings. required drills. exercises. and tabletolls. Packet Pg.480 C.14.a PARTICIPATING AGENCY'S RESPONSIBILITIES A. The Participating Agency shall not sell or otherwise dispose of equipment without the written consent of the Sponsoring Agency. If the Sponsoring Agency, approves of the Participating Agency selling or disposing of said equipment, it shall be the responsibility of the Participating Agency to dispose of equipment properly. B. The Participating Agency shall submit an inventory report to the Sponsoring Agency, when requested and in a timely manner. The inventory reports shall include, but not be limited to: the make, model, serial number, location, Point of Contact ("POC") who has functional authority, condition of equipment and any additional information as requested. C. The Participating Agency shall provide/make available the equipment for inventory and on-site monitoring visits as requested. D. The Participating Agency shall be fully responsible for the coordination of equipment in order to keep the "Regional" equipment in-service, fully operational, and available for use in the event requested by another Participating Agency ("Requesting Agency") and requiring the use of the listed equipment. E. Ensure that equipment obtained from the STC Program is readily available for use by personnel trained to use such equipment for actual emergencies or exercises. Also, ensure z that such equipment is readily available for onsite monitoring by the Sponsoring Agency. If the Participating Agency is incapable of staffing the equipment, such equipment shall be uo made available to another Participating Agency for use during any actual emergencies or exercises. Failure to ensure equipment availability may result in loss of funding and/or equipment to the Participating Agency. 0 F. All equipment obtained from the STC Program is the sole responsibility of the Sponsoring agency. This includes, where applicable, maintenance, replacement, calibration, training on equipment, and insuring of equipment, and compliance with intra-agency monthly or quarterly reporting requirements. CONDITIONS: DEFAULT. REMEDIES. TERMINATION A. EVENT OF DEFAULT - If any of the responsibilities or obligations listed above in "Participating Agency's Responsibilities"are not met,provided for, or responded to in a timely manner, failure to meet same shall constitute a default and the Sponsoring Agency has the option to terminate the Agreement. B. REMEDIES - If an Event of Default occurs, then the Sponsoring Agency may, after thirty (30) calendar days written notice to the Participating Agency and upon the Participating Agency's failure to regain compliance within those thirty (30) calendar days, exercise any one or more of the following remedies, either concurrently or consecutively: 1. Terminate this Agreement,provided that the Participating Agency is given at least thirty (30) days prior written notice of the termination. The notice shall be effective Packet Pg.481 C.14.a when placed in the United States, first class mail,postage prepaid, by registered or certified mail-return receipt requested; 2 Begin an appropriate legal or equitable action to enforce performance of this Agreement; 3. Require that the Participating Agency refund to the City of Miami, the Sponsoring Agency any monies used for ineligible purpose under the laws, rules and regulations governing the use of these funds; 4. Request additional information from the Participating Agency to determine the reasons for or the extent of non-compliance or lack of performance; 5. Require that the Participating Agency return all distributed equipment to the Sponsoring Agency C. TERMINATION - The Sponsoring Agency may terminate the MOU for cause after thirty (30) calendar days written notice. Cause can include misuse of funds,fraud, lack of compliance with "Participating Agency's Responsibilities" and any other applicable laws, rules, and regulations, failure to timely perform, and refusal by the Participating Agency to permit public a, access to any document, record, information, or other material subject to public records disclosure under Chapter 119, Florida Statutes, as amended. Confidentiality_ In order to ensure the safety of Participating Agencies, all parties to the MOU agree to adhere to _ the confidentiality expectations as outlined in this Cooperative Agreement. �- The parties agree that all information concerning the equipment, goods, and services provided through this MOU shall remain confidential. Access to all confidential information relating to this Agreement shall be strictly controlled by Monroe County Emergency Management to minimize 0 disclosure outside of what may be required by law. Any unauthorized disclosure of confidential information by employees of any party to this MOU shall be immediately reported to the Sponsoring Agency. In the event that Monroe County Emergency Management becomes legally compelled to disclose any confidential information pertaining to this Agreement, Monroe County Emergency Management shall provide the Sponsoring Agency with prompt, prior written notice of such requirement so that the Sponsoring Agency may seek a protective order or other appropriate remedy. E The City of Miami as designated Sponsoring Agency and administrator of the STC Program accepts full responsibility for the performance of the collaborative organizations/agencies. This MOU is the complete agreement between the City of Miami, as Sponsoring Agency, and Monroe County Emergency Management, as may be amended by written agreement only signed by each of the parties involved. Packet Pg.482 C.14.a MISCELLANEOUS PROVISIONS A. Legal rights Parties understand and agree that this MOU is not a contract. This is a non-binding MOU between the Parties as designated in the MOU and is not intended, and should not be construed, to create or confer on any Party, or other person or entity, any right or benefit, substantive or procedural, enforceable at law or otherwise, against any of other Party or the officers, directors, employees, agents, representatives, successors, assigns, or the departments thereof. B. Changes and Modifications Changes and/or modifications to this MOU shall be in writing and signed by the authorized agents of all Parties, or their duly authorized designee within the scope of their authority. No oral statement by any person shall be interpreted as modifying or otherwise affecting the terms of this MOU. All requests for interpretation or modification shall be made in writing. C.Public Records; Maintenance of Records This MOU shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes, as amended. The Parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating to records retention. D. Compliance with the Law ) The Parties shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing their respective duties, responsibilities, and obligations pursuant to z this MOU. The Parties shall not unlawfully discriminate in the performance of their respective �- duties under this Agreement. W c, E. Governing Law ' This MOU shall be governed by the laws of the State of Florida. Venue in any proceedings shall be in Miami-Dade County, Florida and each Partner shall be responsible for its own attorneys' fees. i3 F. Counterparts; Electronic Signatures This MOU and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either Party whose signature appears thereon,but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this MOU shall have the same force and effect as an original. The parties shall be entitled W to sign and transmit an electronic signature on this MOU (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed MOU upon request. G.Dispute Process If possible, disputes should first be resolved by informal discussion between the Parties. The Parties will attempt to resolve their disputes and controversies arising under this MOU by the procedural options afforded by the Florida Governmental Conflict Resolution Act, Chapter 164, Packet Pg.483 C.14.a Florida Statutes, as amended. This will be a condition precedent to any civil action between the Parties arising out of this MOU. H.Indemnification 1. Pursuant to Section 768.28, Florida Statutes, the Sponsoring Agency assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the Sponsoring Agency and its officers, employees, servants, and agents thereof. The Sponsoring Agency warrants and represents that it is self-funded for liability insurance, or has liability insurance,both public and property,with such protection being applicable to the Sponsoring Agency and its officers, employees, servants and agents while acting within the scope of their employment with the Sponsoring Agency. 2. Pursuant to Section 768.28, Florida Statutes, the Participating Agency assumes any and all risks of personal injury,bodily injury and property damage attributable to the negligent acts or omissions of the Participating Agency and its officers, employees, servants, and a, agents thereof. The Participating Agency warrants and represents that it is self-funded for liability insurance, or has liability insurance,both public and property,with such protection being applicable to the Participating Agency and its officers, employees, servants and agents while acting within the scope of their employment with the Participating Agency. U) LU i3 Packet Pg.484 C.14.a IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. "Participating Agency" ATTEST: Monroe County Emergency Management 2 490 63rd Street, Ocean, Marathon, FL 33050 i3 By: _ By: a, Name and Title Name and Title "Sponsoring Agency" LU ATTEST: CITY OF MIAMI a Florida municipal corporation a� i3 By: By: Todd B. Hannon, City Clerk Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE m AND CORRECTNESS: REQUIREMENTS: By: By: Victoria Mendez, City Attorney Ann-Marie Sharpe, Director Department of Risk Management Packet Pg.485 C.14.b 1.DATE ISSUED MM/DD/YYYY la.SUPERSEDES AWARD NOTICE dated except that any additions or restrictions previously imposed Department of Homeland Security o3/oa/zozo p remain in effect unless specifically rescinded 2.CFDA NO. Department of Homeland Security 97.106-Cooperative Agreements,I-USE OF PROPERTY,FACILITIES,OR EQUIPMENT,L- DISSEMINATION OF TECHNICAL INFORMATION 3.ASSISTANCE TYPE Cooperative Agreement 245 Murray Lane,SW 4.GRANT NO. 20CWDSTC00007-01-00 5. TYPE OF AWARD Mail Stop 0115 Formerly Other Washington, DC 20528 4a.FAIN 20CWDSTC00007 5a.ACTION TYPE New 6. PROJECT PERIOD MM/DD/YYYY MM/DD/YYYY NOTICE OF AWARD From 03/04/2020 Through 10/30/2029 AUTHORIZATION (Legislation/Regulations) 7. BUDGET PERIOD MM/DD/YYYY MM/DD/YYYY Section 4(a)(12)of the Nuclear Forensics and Attribution Act, Public Lai From 03/04/2020 Through 10/30/2020 111-140 8.TITLE OF PROJECT(OR PROGRAM) 2019 City of Miami Securing the Cities Program 9a.GRANTEE NAME AND ADDRESS 9b.GRANTEE PROJECT DIRECTOR Miami,City Of Mr.Robert Hevia 3500 Pan American Dr 444 SW 2nd Ave Miami,FL 33133-5504 10th Floor Department of Fire-Rescue Miami,FL 33136-1910 10a.GRANTEE AUTHORIZING OFFICIAL 10b.FEDERAL PROJECT OFFICER Ms.Lillian Blondet Mr.Michael Simon 444 SW 2nd Avenue,5th Floor 1120 Vermont Ave. ¢' Miami,FL 33130-1910 DHS,CWMD Phone:(305)416-1536 Washiongton,DC 20005 Phone:(202)254-7040 (ry ALL AMOUNTS ARE SHOWN IN USD 11.APPROVED BUDGET(Excludes Direct Assistance) 12.AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agency Only a.Amount of Federal Financial Assistance(from item 11m) 1,977,43` II Total project costs including grant funds and all other financial participation II b.Less Unobligated Balance From Prior Budget Periods c.Less Cumulative Prior Award(s)This Budget Period a. Salaries and Wages .................................... 872,269.00 .� d.AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION 1,977,434 b. Fringe Benefits .................................... 129,055.00 13.Total Federal Funds Awarded to Date for Project Period 1,977,43z C. Total Personnel Costs ................. 1,001,324.00 14.RECOMMENDED FUTURE SUPPORT Sub ect to the availability of funds and satisfactory progress of theproject): d. Equipment .................................. 102,900.00 ( J Y rYP 9 e. Supplies 92,120.00 YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS F® f. Travel .................................. 119,650.00 b. 3 e. 6 9. Construction .................................. 0.00 c. 4 f. 7 h. Other .................................. 427,440.00 15.PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING ALTERNATIVES: i. Contractual 234,000.00 a. DEDUCTION b. ADDITIONAL COSTS c. MATCHING j. TOTAL DIRECT COSTS 1,977,434.00 d. OTHER RESEARCH(Add/Deduct Option) e. OTHER(See REMARKS) .F+ k. INDIRECT COSTS 0.00 16.THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO,AND AS APPROVED BY,THE FEDERAL AWARDING AGEI ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY I. TOTAL APPROVED BUDGET 1,977,434.00 OR BY REFERENCE IN THE FOLLOWING: a. The grant program legislation b. The grant program regulations. ($ C. This award notice including terms and conditions,if any,noted below under REMARKS. m. Federal Share 1,977,434.00 d. Federal administrative requirements,cost principles and audit requirements applicable to this grant. In the event there are conflicting or otherwise inconsistent policies applicable to the grant,the above order of precedence n. Non-Federal Share 0.00 prevail.Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system. REMARKS (Other Terms and Conditions Attached- ®X Yes ri No) This award approves$1,997,434 for the purpose of conducting project under the Securing the Cities Program. However specific budget line items are restricted until final program and budget details a received and approved by DHS.The restricted lines are Contractual,Other and all backfill costs reflected in the budget.The total approved for release is$1,047,599. GRANTS MANAGEMENT OFFICIAL: Lisa Johnson,Associate Director 7th and D Street SW Washington DC,DC 20407 Phone:(202)309-8010 17.OBJ CLASS 4100 18a.VENDOR CODE 596000375 18b.EIN 596000375 19.DUNS 072220791 20.CONG.DIST. 27 FY-ACCOUNT NO. DOCUMENT NO. ADMINISTRATIVE CODE AMT ACTION FIN ASST APPROPRIATION 21.a. 080570800411 b. CWDSTC00007A C. STC d. $1,977,434.00 e. 080570800, 22.a. b. C. d. e. 23.a. b. C. d. Packet Pg.486 C.14.b AWARD ATTACHMENTS City of Miami 20CWDSTC00007-01-00 1. STC Award Letter City of MIA FL 2. STC Terms and Conditions City of MIA FL i3 i Packet Pg.487 C.14.b U.S.Department of Homeland Security Washington,DC 20528 _ Homeland Security �Nn Sb March 4, 2020 Lillian Blondet Director, Office of Grants Administration City of Miami Department of Fire - Rescue 444 SW 2nd Avenue, 51h Floor Miami, FL 33130-1910 RE: Agreement No. 20CWDSTC000007-0 1-00 Dear Ms. Blondet: �a m Congratulations! I am pleased to inform you that the Department of Homeland Security (DHS) has approved your Securing the Cities application for a cooperative agreement award. Your application was approved in the amount of$1,977,434. However specific budget line items are restricted until final program and budget details are received and approved by DHS. The U) restricted lines are Contractual, Other and all backfill costs reflected in the budget. The total approved for release is $1,047,599. i �t As you are aware, the Grants and Financial Assistance Division utilizes the GrantSolutions system, which is an online grants management system. Grantees will be able to access their grant portfolio, submit applications, submit performance and financial status reports, access grant related correspondence, and request amendments. However a user account must be established E by completing the form Grantee User Account Form from this link: https://www.grantsolutions.gov/support/registration.html. Accounts should be established for the Program Director and Authorizing Official at your organization, as well as any other users who require access and notifications of award activity. All Grantee User Account forms should be submitted directly to the GrantSolutions Help Desk at: help C&,grantsolutions.g©v. We ask that all accounts for relevant staff be established no later than Friday, March 20, 2020. In addition to GrantSolutions, GFAD uses the Department of Health and Human Services (DHHS), Payment Management System(PMS) for payment of funds under all awards. PMS is a full service central payment and cash management system. You are encouraged to immediately complete the required PMS forms. Otherwise payments for any work performed under the grant program will not be processed until these forms are properly submitted to PMS, and an account has been established for your organization. Please note the following: Packet Pg.488 C.14.b _;U'En, Security City of Miami Page 12 If your organization has never received grant funds from the DHS Grants and Financial Assistance Division, you must complete the New User and Account Establishment process directly on the PMS site. Additional information may be found at: https://oms.osc.�4ov/rant-recipients/access-newuser.html . When completing the SFI199A form, Section 2 should contain the following information: Department of Homeland Security, 245 Murray Lane, SW, Washington, DC 20528-0115. If you have received grant funds through this office in the past, you will not be required to submit these forms. However, please contact me to verify your account information prior to accessing funds. Lastly and as a reminder, under the terms and conditions of this award, your organization must maintain an active System for Award Management(SAM)registration at httj2s://www.sam.�4ov/,portal/12ublic/SAM/ The account must remain active until you send the � final financial report or until you receive the final payment, whichever is later. If your organization's SAM registration expires during the required period, the Service will suspend payment under this [and all other service] awards to your organization until the registration is updated by your organization. If you have questions concerning this award,please contact the appropriate DHS official listed U) below. i Program/Technical matters - Program Officer, Mr. Michael Simon Email: Michael.SimonC&,HQ.DHS.GOV z Phone: (202) 254-7040 �t Grant/Fiscal related matters - Grant Officer, Ms. Lisa Johnson Email: Lisa.Johnson I L&HQ.DHS.GOV E Phone: (202) 447-5094 Sincerely, Lisa Johnson Associate Director Grants and Financial Assistance Division U.S. Department of Homeland Security, OPO Packet Pg.489 COOPERATIVE AGREEMENT TERMS AND CONDITIONS GRANTS AND FINANCIAL ASSISTANCE DIVISION (GFAD) |n addition tu the DHS Standard Terms and Conditions as outlined here: the following Terms and Conditions apply specifically tu this award as administered by the Grants and Financial Assistance Division (GFAD): ARTICLE 1. GENERAL ADMINISTRATIVE TERMS AND CONDITIONS 1. Working drafts of the following documents are due to the DHS STC Federal Program Manager by the time period indicated after the validation date. The validation date will be set after award and will correspond with the re0iun's emplacement ufa local initial 3TC Program K4ana0er DH3expectsw/ur�tu �� � commence on these documents early in the implementation process. Each document will indicate concurrence by all 3TC principal partners. DH33TC Program Office will provide templates and significant � � assistance in the production of these documents. Once finalized, each of the documents should be placed Ch in a periodic review cycle tu be updated as the program matures. � Regional Strategic Plan six (6) months from validation date Regional Organization Chart six (6) months from validation date Committee Charters (if applicable) six(6) months from validation date Regional Implementation Plan nine (9) months date � ` ' U) Regional Operations Plan twelve (12) months from validation date Regional Multi-Year Training and Exercise Plan twelve (1Z) months from validation date �— | Information Exchange Plan 0ei0hteen (1O)munths from validation date Life-Cycle 3ustainment Plan tvxenty'four(Z4) months from validation date Z 1.Work with recipients to identify the appropriate equipment for specific regional operations and procure identified equipment for the region. Primary screening equipment procured by DH3w/iU become the property ufthe recipient. Secondary screening equipment will remain the property ufthe Federal ' government, loaned to the recipients for their use as long asthey participate in the3TC program, or until the equipment needs to be replaced. DH3w/i|| replace the equipment if doing so is in the Government's best interest, based upon the recipient's need, funds availability, and operational/logistical resources. Z Assist in the establishment ufFederal interagency partnerships, collaboration and cooperation for carrying out the project. 3. Provide training and training materials for participating jurisdictions and provide updates to eligible training courses, subject tu the availability uffunds. 4. Provide technical assistance to 3TC partners in developing regional operations plan. C.14.b 5. Attend and participate in appropriate meetings initiated by State and local stakeholders, including meetings of the STC committees, subcommittees, and working groups, as applicable. Subject matter experts may periodically attend, participate and advise local program managers as necessary. 6. Provide technical assistance workshops as deemed necessary by DHS. 1. Budget Revisions a.The Recipient shall obtain prior written approval from the DHS Grants Officer for transfers of funds between direct cost categories in the approved budget when such cumulative transfers among those direct cost categories exceed ten percent of the total budget approved. b.The Recipient shall obtain prior written approval from the DHS Grants Officer for any budget revision that would result in the need for additional resources/funds. c.The Recipient is not authorized at any time to transfer amounts budgeted for direct costs to the indirect costs line item or vice versa, without prior written approval of the DHS Grants Officer. 2. Extension Request a. Extensions to the Period of Performance can only be authorized in writing by the DHS Grants Officer. U) i b.The extension request shall be submitted to the DHS Grants Officer sixty(60) days prior to the expiration date of the performance period. c. Requests for time extensions to the Period of Performance will be considered, but will not be m granted automatically, and must be supported by adequate justification in order to be processed.The justification is a written explanation of the reason or reasons for the delay; an outline of remaining resources/funds available to support the extended Period of Performance; and a description of performance measures necessary to complete the project. In addition, extension requests shall not be processed without up-to-date performance and financial status reports. d. DHS has no obligation to provide additional resources/funding as a result of an extension. Packet Pg.491 C.14.b 1.Title to equipment acquired by the Recipient with Federal funds provided under this Award shall vest in the Recipient, subject to the conditions pertaining to equipment in the 2 CFR Part 200. 2. Prior to the purchase of Equipment in the amount of$5,000 or more per unit cost, the recipient must obtain the written approval from DHS. 3. For equipment purchased with Award funds having a $5,000 or more per unit cost, the Recipient shall submit an inventory that will include a description of the property; manufacturer model number, serial number or other identification number; the source of property; name on title; acquisition date; and cost of the unit; the address of use; operational condition of the property; and, disposition data, if applicable. This report will be due with the Final Progress Report ninety(90) days after the expiration of the Project Period, and shall be submitted via GrantSolutions using the using the help/Support guidance entitled, "Quicksheet: Add a Grant Note" guidance found here: https://www.grantsolutions.gov/support/granteeUsers.htmI y 1. Quarterly Federal Financial Reports—the Recipient shall submit a Federal Financial Report (SF-425) into the GrantSolutions system no later than thirty (30) days after the end of the reporting period end date. Reports are due on Apr 30, Jul 30, Oct 30, and Jan 30. The report shall be submitted via www.GrantSolutions.gov using the Grant submission guidance entitled, "Grantee Reporting Process: Federal Financial Report" found here: https://www.grantsolutions.gov/support/granteeUsers.htmI U) i 2. Final Federal Financial Report—the Recipient shall submit the final Federal Financial Report (SF-425) into the GrantSolutions system no later than ninety(90) days after the end of the Project Period end date. The report shall be submitted via www.GrantSolutions.gov using the Grant submission guidance entitled, "Grantee Reporting Process: Federal Financial Report" found here: https://www.grantsolutions.gov/support/granteeUsers.htmI m 3. Quarterly Federal Financial Reports (Cash Transaction)—the Recipient shall submit the Federal Financial Report (SF-425) Cash Transaction Report to the Department of Health and Human Services, Payment Management System. Quarterly Cash Transaction reports shall be submitted no later than 1/30, 4/30, 7/30, and 10/30. The Recipient shall be paid in advance using the U.S. Department of Health and Human Services/Payment Management System, provided it maintains or demonstrates the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of the funds from the DHS and expenditure disbursement by the Recipient. When these requirements are not met, the Recipient will be required to be on a reimbursement for costs incurred method. Packet Pg.492 C.14.b Any overpayment of funds must be coordinated with the U.S. Department of Health and Human Services/Payment Management System. 1. Quarterly Performance Reports—the Recipient shall submit performance reports into the GrantSolutions system no later than thirty (30) days after the end of the reporting period end date. Reports are due on Apr 30,Jul 30 Oct 30, and Jan 30. The report shall be submitted via GrantSolutions using the using the help/Support guidance entitled, "Quicksheet: Add a Grant Note" found here: https://www.grantsolutions.gov/support/granteeUsers.htm1. Please remember to include the program name, report type (ie 1st Quarter program) and award number in the note subject line. a. Performance reports must provide information on the overall progress by quarter. These reports * A comparison of actual accomplishments with the goals and objectives established for the period. * Reasons why established objectives were not met, if applicable. * Other pertinent information including, when appropriate, analysis and explanation of cost b. If the performance report contains any information that is deemed proprietary, the Recipient will i3 denote the beginning and ending of such information with asterisks (******) m c. For submission of this information, complete the Performance Progress Report (PPR) found at: http: www.fem .gov me i mlibraryjasse sj o rnenitsj2 85mC 1 C #0 70-0334. 2. Final Performance Report—the Recipient shall submit the Final Performance Report into the GrantSolutions system no later than ninety(90) days after the expiration of the Project Period. The Final Performance Report shall be submitted via GrantSolutions using the help/Support guidance entitled, "Quicksheet: Add a Grant Note" found here: https://www.grantsolutions.gov/support/granteeUsers.htm1. Please remember to include the program name, report type (ie, 1st Quarter Program) and award number in the note subject line. For submission of this information, complete the Performance Progress Report (PPR)found at: htt?: www.fem ovjrne i 4libraryj sets dgLL entsj 21L OMB#0970-0334. The approved Project and Budget Periods for the supported activity is contingent upon the following: 1.Acceptable performance of the project as determined by the Department of Homeland Security(DHS); 2. If applicable, acceptance and approval of each non-competing continuation application by the DHS; Packet Pg.493 C.14.b 3. Subject to the availability of annual DHS appropriated funds. `s, ;��„PI,IOI�, ?�?I�O�A� tE+ ,,� E ► The Recipient shall not, without the prior written approval of the DHS, request reimbursement, incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities prior to the approved Budget Period. ARTICLE IL GENERAL TERMS AND CONDITIONS The Recipient shall retain financial records, supporting documents, statistical records, and all other records pertinent to this Award for a period of three years from the date of submission of the final expenditure report.The only exceptions to the aforementioned record retention requirements are the following: 1. If any litigation, dispute, or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, dispute or audit findings involving the records have been resolved and final action taken. 2. Records for real property and equipment acquired with Federal funds shall be retained for three (3) years after final disposition. 3.The DHS Grants Officer may direct the Recipient to transfer certain records to DHS custody when he or she determines that the records possess long term retention value. However, in order to avoid duplicate recordkeeping, the DHS Grants Officer may make arrangements for the Recipient to retain any records that are continuously needed for joint use. DHS, the Inspector General, Comptroller General of the United States, or any of their duly authorized representatives, have the right of timely and unrestricted access to any books, documents, papers, or other records of the Recipient that are pertinent to this Award, in order to make audits, examinations, excerpts, transcripts and copies of such documents.This right also includes timely and reasonable access to Recipient's personnel for the purpose of interview and discussion related to such documents.The rights of access in this award term are not limited to the required retention period, but shall last as long as records are retained. With respect to sub-recipients, DHS shall retain the right to conduct a financial review, require an audit, or otherwise ensure adequate accountability of organizations expending DHS funds. Recipient agrees to include in any sub-award made under this Agreement the requirements of this award term (Access to Records). ```s`'`� `,' O�'�., �� + �5 =� NE� �'��, ► "�� +„�` c '��` ON` i�'��'O ; ;'`s , , , , , Packet Pg.494 C.14.b The Compliance Assurance Program Office (CAPO) is comprised of the DHS Treaty Compliance Office (TCO), Export Control Group (ECG), and the DHS Regulatory Compliance Office (RCO). The Compliance Assurance Program Manager(CAPM) is the DHS official responsible for overseeing CAPO and implementing procedures to ensure that the Recipient and any Recipient institutions/collaborators under this Award comply with international treaties, federal regulations, and DHS policies for Arms Control Agreements, Biosafety, Select Agent and Toxin Security, Animal Care and Use, the Protection of Human Subjects, Life Sciences Dual Use Research of Concern, and Export Controls. CAPO collects and reviews relevant documentation pertaining to this Award on behalf of the Compliance Assurance Program Manager. Additional guidance regarding the review process is provided in the following sections, along with contact information for the TCO, RCO, and ECG. This guidance applies to the Recipient and any/all Recipient institutions involved in the performance of work under this Award. The Recipient is responsible for ensuring that any/all Recipient institutions and collaborators comply with all requirements and submit relevant documentation, as outlined in sections C—G below, for work being performed under this Award. 4J Qy The Recipient and any Recipient institution shall conduct all biological and chemical defense research, development, and acquisition projects in compliance with all arms control agreements of the U.S., including the Chemical Weapons Convention (CWC) and the Biological Weapons Convention (BWC). DHS Directive 041-01, Compliance With, and Implementation of,Arms Control Agreements, requires all such W projects to be systematically evaluated for compliance at inception, prior to funding approval, whenever c, there is significant project change, and whenever in the course of project execution an issue potentially i raises a compliance concern. 1. Requirements for Initial Treaty Compliance Review. To ensure compliance with DHS Directive 041-01, for each new biological and/or chemical defense-related effort (including paper and modeling studies)to be conducted under this Award, the Recipient must submit the following documentation for compliance m review and certification prior to funding approval: a completed Treaty Compliance Form (TCF), which includes a Project Summary; a BWC Checklist; and/or a CWC Checklist. Packet Pg.495 C.14.b 2. Requirements for Ongoing Treaty Compliance Review. To ensure ongoing treaty compliance for approved biological and/or chemical defense-related efforts funded through this Award, the Recipient must submit the following documentation for review and approval prior to any significant project change and/or whenever in the course of project execution an issue potentially raises a compliance concern: an updated Treaty Compliance Form and an updated Statement of Work detailing the proposed modification.The proposed project modification must receive written approval from CAPO prior to initiation. Examples of project modifications include— but are not limited to—the addition of agents, a change in performer, modifications to the scope of work, and changes to the technical approach. The Recipient should contact the Treaty Compliance Office (TCO) at treq yL2mpli nce ?hclA . ov to _gjobtain the TCF template, submit the completed Form, or request additional guidance regarding TCO documentation and review requirements, as applicable to (1) new biological and/or chemical defense- related efforts, or(2) modifications to previously approved efforts. The TCO will review all submitted materials and provide written confirmation of approval to initiate work to the Recipient once the treaty compliance certification process is complete. The Recipient and any Recipient institution shall not initiate any new activities, or execute modifications to approved activities, until receipt of this written confirmation. i3 The Recipient and any Recipient institution shall conduct all biological laboratory work in compliance with 9 applicable federal regulations; the latest edition of the CDC/NIH Biosafety in Microbiological and Biomedical Laboratories; DHS Directive 066-02, Biosafety; and any local institutional policies that may W apply for Recipient institution facilities performing work under this Award. The Regulatory Compliance t� Office (RCO)will review the submitted Treaty Compliance Form (TCF)for planned work under this Award U) i to determine the applicability of the requirements outlined in this section. The Recipient must contact the RCO at Tre1€ ggwj _h msmgq for guidance on the requirements,and then submit all required documentation based on RCO guidance, prior to the initiation of any biological laboratory work under this Award. 1. Requirements for All Biological Laboratory Work. Biological laboratory work includes laboratory activities involving: (1) recombinant DNA or'rDNA'; (2) Biological Select Agents and Toxins or 'BSAT'; or (3) biological agents, toxins, or other biological materials that are non-rDNA and non-BSAT. Each Recipient and any Recipient institution to be conducting biological laboratory work under this Award must submit copies of the following documentation, as required by the RCO after review of the TCF(s), for review prior to the initiation of such work: a. Research protocol(s), research or project plan(s), or other detailed description of the biological laboratory work to be conducted; b. Documentation of project-specific biosafety review for biological laboratory work subject to such review in accordance with institutional policy; c. Institutional or laboratory biosafety manual (may be a related plan or program manual) for each facility/laboratory to be involved in the biological laboratory work; Packet Pg.496 C.14.b d. Biosafety training program description (should be provided as available in existing policies, plans, and/or manuals for all relevant facilities/laboratories where work is conducted; e. Documentation of the most recent safety/biosafety inspection(s)for each facility/laboratory where the biological laboratory work will be conducted; f. Exposure Control Plan, as applicable; g. Documentation from the most recent Occupational Safety and Health Administration (OSHA) or State Occupational Safety and Health Agency inspection report; a copy of the OSHA Form 300 Summary of Work Related Injuries and Illnesses or equivalent, for the most recent calendar year; and documentation of any OSHA citations or notices of violation received in the past five years; and h. Documentation from the most recent U.S. Department of Transportation (DOT) inspection report; and documentation of any DOT citations or notices of violation received in the past five years. 2. Requirements for Research Involving Recombinant DNA(rDNA). Laboratory activities involving rDNA research are defined by the NIH Guidelines for Research Involving Recombinant DNA Molecules, "NIH Guidelines". Each Recipient and any Recipient institution shall conduct all rDNA work in compliance with y the NIH Guidelines. In addition to the documentation referenced in Section B.1 above, each facility conducting research activities involving rDNA under this Award must submit copies of the following documentation to the RCO for review prior to the initiation of such activities: a. Institutional Biosafety Committee (IBC) Charter, and/or other available documentation of IBC policies and procedures; b. Most recent Office of Biotechnology Activities (OBA) acknowledgement letter of the annual IBC U) i Report; c. IBC-approved rDNA research protocol(s); and d. Documentation of final IBC approval for each rDNA research protocol and all subsequent renewals and amendments as they occur. 3. Requirements for Activities Involving Biological Select Agents and Toxins (BSAT). Planned activities m involving the possession transfer,and/or use of BSAT must be reviewed by the RCO prior to initiation. This requirement also applies to activities involving select toxins that fall below the Permissible Toxin Limits, both at facilities registered with the National Select Agent Program and at unregistered facilities. Each Recipient and any Recipient institution shall conduct all BSAT work in compliance with all applicable regulations, including 42 CFR §73, 7 CFR § 331, and 9 CFR § 121, related entity-and laboratory-specific policies and procedures, and DHS Directive 026-03,Select Agent and Toxin Security. In addition to the documentation referenced in Section B.1 above,each facility conducting activities involving BSAT under this Award must submit copies of the following documentation to the RCO for review prior to the initiation of such activities: a. Current APHIS/CDC Certificate of Registration; b. Most recent APHIS/CDC inspection report(s), response(s), and attachment(s); c. Current versions of the Biosafety, Security, and Incident Response Plans required and reviewed under the Select Agent Regulations; and Packet Pg.497 C.14.b d. Documentation of the most recent annual BSAT facility inspection, as required of the Responsible Official under the Select Agent Regulations. The Recipient should contact the CAPO at LLg_gL lgjory�ornpli n e ?hc1.d_hs.Rov to obtain the RCO m mm m m Documentation Request Checklist, submit documentation, or request more information regarding the DHS RCO documentation and compliance review requirements. The CAPO will provide written confirmation of receipt of all required documentation to the designated Point(s) of Contact. The CAPO will evaluate the submitted materials, along with available documentation from any previous reviews for related work at the Recipient and Recipient institution. Additional documentation may be required in some cases and must be submitted upon request. The CAPO will review all submitted materials and provide written confirmation to the Recipient once all requirements have been met. CAPO review of submitted materials may determine the need for further compliance review requirements, which may include documentation-based and on-site components. The Recipient, and any Recipient institutions conducting biological laboratory work under this Award, must also comply with ongoing CAPO compliance assurance and review requirements, which may include but are not limited to initial and periodic documentation requests, program reviews, site visits, and facility inspections. i3 The Recipient must promptly report the following to the CAPO, along with any corrective actions taken: (1) any serious or continuing biosafety or BSAT program issues as identified by the APHIS/CDC National Select Agent Program, other compliance oversight authorities, or institutional-level reviews (e.g., IBC or equivalent, laboratory safety/biosafety inspections); (2) any suspension or revocation of the APHIS/CDC U) Certificate of Registration; and (3) any for-cause suspension or termination of biological, rDNA, or BSAT activities at the laboratories/facilities where DHS-sponsored work is conducted. i Foreign Contractors/Collaborators and U.S. Institutions with Foreign Subcomponents. Foreign organizations (including direct Contractors, Subcontractors, Grant Recipients, Sub-recipients, and subcomponents or collaborating partners to U.S. Recipients) are subject to applicable DHS requirements for biological laboratory activities. All entities involved in activities under this Award must comply with applicable national and regional/local regulations, and standards and guidelines equivalent to those described for U.S. institutions (e.g., BMBL and NIH Guidelines). The Recipient must provide CAPO documentation sufficient to illustrate this compliance.The CAPO will evaluate compliance measures for these institutions on a case-by-case basis. The Recipient must not initiate work nor provide funds for the conduct of biological laboratory work under this Award without CAPO's formal written approval. Packet Pg.498 C.14.b The Recipient and any Recipient institution shall conduct all research involving animals under this Award in compliance with the requirements set forth in the Animal Welfare Act of 1966 (P.L. 89-544), as amended, and the associated regulations in 9 C.F.R., Chapter 1, Subchapter A; the Public Health Service (PHS) Policy on Humane Care and Use of Laboratory Animals (which adopts the "U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training", 50 FIR 20864, May 20, 1985); the National Research Council (NRC) Guide for the Care and Use of Laboratory Animals; the Federation of Animal Science Societies (FASS) Guide for the Care and Use of Agricultural Animals in Agricultural Research and Teaching; and any additional requirements set forth in the DHS Directive for the Care and Use of Animals in Research (026-01). Each Recipient and any Recipient institution planning to perform research involving animals under this Award must comply with the requirements and submit the documentation outlined in this section. 1. Requirements for Initial Review of Research Involving Animals. Research Involving Animals includes any research, experimentation, biological testing, and other related activities involving live, vertebrate animals, including any training for such activities. Each facility conducting research involving animals under this Award must submit copies of the following documentation to the CAPO for review prior to the initiation of such research: y a. Institutional Animal Care and Use Committee (IACUC)-approved animal research protocol(s), including documentation of IACUC approval, any protocol amendments, and related approval notifications; b. Public Health Service (PHS)Animal Welfare Assurance, including any programmatic amendments, and the most recent NIH Office of Laboratory Animal Welfare (OLAW) approval letter for each Recipient and Recipient institution; OR DHS Animal Welfare Assurance, if the Recipient is not funded by the PHS nnrd rinPs not have n PHS AssurnnrP nn filP with ni AW Anv nffilintPrd IACI dCs must hP U) c. Most recent IACUC semiannual program review and facility inspection reports covering all relevant facilities/laboratories involved in DHS-funded work; and d. Most recent Association for Assessment and Accreditation of Laboratory Animal Care (AAALAC) inspection report(s)for AAALAC-accredited institution(s) housing and/or performing work involving animals under this Award. All documentation, as well as any questions or concerns regarding the requirements referenced above, should be submitted to the CAPO at STregulatorycompliance@hq.dhs.gov. Additional documentation may be required in some cases and must be submitted upon request. The CAPO will review all submitted materials and provide written confirmation to the Recipient once all documentation requirements have been met. Upon receipt of this written confirmation, the Recipient may initiate approved animal research projects under this Award, but must address any potential compliance issues or concerns identified by the CAPO. Research involving the use of nonhuman primates or international collaborations involving animal research will require more extensive review prior to approval, and must not begin under this Award without first obtaining a formal certification letter from the CAPO. Packet Pg.499 C.14.b The Recipient, as well as any Recipient institution and partner institutions conducting animal research under this Award, shall also comply with ongoing CAPO compliance assurance functions, which may include but are not limited to periodic site visits, program reviews, and facility inspections. 2. Requirements for Ongoing Review of Research Involving Animals. For ongoing animal research The Recipient must promptly report the following to the CAPO, along with any corrective actions taken: (1) any serious or continuing noncompliance with animal care and use regulations and policies adopted by DHS(as referenced above); (2) any change in AAALAC accreditation status; (3) any USDA Notice of Violation; and (4) IACUC suspension of any animal research activity conducted under this Award. Foreign Contractors/Collaborators and U.S. Institutions with Foreign Subcomponents. Foreign organizations (including direct Contractors, Subcontractors, Grant Recipients, Sub-recipients, and subcomponents or collaborating partners to U.S. Recipients) are subject to all DHS requirements for work involving animals. All entities involved in activities under this Award must comply with applicable national and regional/local regulations, and standards and guidelines equivalent to those described for y U.S. institutions (e.g.,Title 9, C.F.R, Chapter 1, Subchapter A; Public Health Service Policy on Humane Care and Use of Laboratory Animals; the Guide for the Care and Use of Laboratory Animals; and the Guide for the Care and Use of Agricultural Animals in Agricultural Research and Teaching). The Recipient must provide CAPO documentation sufficient to illustrate this compliance. The CAPO will evaluate compliance measures for these institutions on a case-by-case basis to determine their sufficiency. The Recipient must not initiate nor provide funds for the conduct of work involving animals at foreign institutions under this Award without formal written approval from the CAPO. i r ,t r tr 1 f,t 1 ,r „ � rr,r,_,r r s, : i t t ,t� c t r jr, rr rr rr:rr rr rr r rr rr ?:r rr rr rr rr rr rr, rr rr rr:rr rr rr r rr rr ?:r rr rr rr rr rr r - rt`r,' rr/''A y'� i r (�t, a„icy rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr,,, The Recipient and any Recipient institutions shall conduct all research involving agents and toxins identified in sections 111.1 and 6.2.1 of the USG Policy for Oversight of Dual Use Research of Concern and m USG Policy for the Institutional Oversight of Dual Use Research of Concern, respectively, in accordance with both policies referenced above and in accordance with any additional requirements set forth in related DHS policies and instructions. Each Recipient and any Recipient institutions planning to perform 1. Requirements for Research Using DURC Agents and Toxins.To ensure compliance with the USG DURC Policies, each facility conducting research involving the agents and toxins identified in sections 111.1 and 6.2.1 of the USG DURC Policies under this Award must submit the following documentation for compliance review by CAPO prior to the initiation of such activities. a. Institutional Review Entity (IRE) charter, and/or other available documentation of IRE policies and procedures, to include the contact information for the Institutional Contact for DURC (ICDUR); b. Institution's project-specific risk mitigation plan, as applicable; c. DURC training or education program description; Packet Pg. 500 C.14.b d. Formal annual assurance of compliance with the USG Policy for Institutional Oversight of Life Sciences Dual Use Research of Concern; e. A completed iDURC form and a Statement of Work. 2. Required Notifications to DHS: a. Within 30 calendar days of initial and periodic reviews of institutional review of research with DURC potential, notify CAPO of the results, including whether the research does or does not meet the DURC definition. 3. Flowdown Requirements:The Recipient shall include the substance of this section in all sub- awards/contracts at any tier where the sub-Recipient is performing work with agents or toxins identified in sections 111.1 of the USG Policy for Oversight of Dual Use Research of Concern and 6.2.1 of the USG Policy for the Institutional Oversight of Dual Use Research of Concern. The Recipient should contact CAPO at S7re a atorycom i n e ?hc1.d_hs.Rov to submit documentation or m m _ m m In order to meet the reporting requirements set forth in section IV.2 of the 2012 USG Policy for Oversight of Life Sciences Dual Use Research of Concern (the biannual DURC Data Call), the Recipient and any Recipient institution shall submit documentation regarding all active, planned or recently completed m (within twelve months of the submission) unclassified intramural or extramural activities on Federally- CD funded or conducted life science research projects biannually on the first Monday in May and November. The Recipient should contact CAPO at STregulatorycompliance@hq.dhs.gov to submit documentation. Documentation should include an update on all listed activities, including status, all agents or toxins incorporated by strain or surrogate name, performers, contract information, and sites of activities. Documentation should also include any changes to existing or completed projects since the most recent submission, including—but not limited to—the addition of agents, a change in performer, modifications to the scope of work, and/or changes to the technical approach. A supplemental report detailing all work involving low pathogenic avian influenza virus H7N9 (LPAI H7N9) and Middle East Respiratory Syndrome Coronavirus (MERS-CoV). Foreign Contractors/Collaborators and U.S. Institutions with Foreign Subcomponents. Foreign organizations (including direct Contractors, Subcontractors, Grant Recipients, Sub-recipients, and subcomponents or collaborating partners to U.S. Recipients) are subject to the iDURC policy. The Recipient must provide CAPO documentation sufficient to illustrate this compliance. CAPO will evaluate compliance measures for these institutions on a case-by-case basis. The Recipient must not initiate work nor provide funds for the conduct of biological laboratory work under this Award without CAPO's formal written approval. Packet Pg. 501 C.14.b The Recipient and any Recipient institutions shall conduct all Research Involving Human Subjects in compliance with the requirements set forth in 45 C.F.R. §46, Subparts A-D, DHS Directive 026-04, Protection of Human Subjects, and any related DHS policies and instructions prior to initiating any work with human subjects under this Award. Each Recipient and any Recipient institutions planning to perform research involving human subjects under this Award must submit the documentation outlined in this section for CAPO review. 1. Requirements for Research Involving Human Subjects. Each facility conducting work involving human subjects under this Award is required to have a project-specific Certification of Compliance letter issued by the CAPO. Each Recipient must submit the following documentation to the CAPO for compliance review and certification prior to initiating research involving human subjects under this Award: a. Research protocol, as approved by an Institutional Review Board (IRB), for any human subjects 0 research work to be conducted under this Award; b. IRB approval letter or notification of exemption (see additional information below on exemption determinations),for any human subjects research work to be conducted under this Award; y c. IRB-approved informed consent document(s) (templates) or IRB waiver of informed consent for projects involving human subjects research under this Award; and d. Federal-wide Assurance (FWA) number from the HHS Office for Human Research Protections (OHRP), or documentation of other relevant assurance, for all Recipient institutions (including Sub- recipients) involved in human subjects research under this Award. i 2. Exemptions for Research Involving Human Subjects. Exemption determinations for human subject research to be conducted under this Award should only be made by authorized representatives of(1) an OHRP-registered IRB, or equivalent, or (2) the CAPO. Exemption determinations made by an OHRP- registered IRB, or equivalent, should be submitted to the CAPO for review and record-keeping. Program managers, principal investigators, research staff, and other DHS or institutional personnel should not independently make exemption determinations in the absence of an IRB or CAPO review. DHS program m managers (or institutions conducting human subjects' research under this Award) seeking an exemption determination from the CAPO should submit a request to STregulatorycompliance@hq.dhs.gov that includes the following: a. Research protocol or detailed description of planned activities to be conducted under this Award. b. Identification of the exemption category that applies to the project(s)to be conducted under this Award and explanation of why the proposed research meets the requirements for that category of Packet Pg. 502 C.14.b All documentation, as well as any questions or concerns regarding the requirements referenced above, should be submitted to the CAPO at STregulatorycompliance@hq.dhs.gov. The submitted documentation will be retained by the CAPO and used to conduct a regulatory compliance assessment. Additional documentation may be required in some cases to complete this assessment. The Recipient must provide this documentation upon request, and address in writing any compliance issues or concerns raised by the CAPO before a certification letter is issued and participant enrollment can begin under this Award. The CAPO will review all submitted materials and provide written confirmation to the Recipient once all documentation requirements have been met. The Recipient and any Recipient institution shall submit updated documentation regarding ongoing research involving human subjects, as available and prior to the expiration of previous approvals. Such documentation includes protocol modifications, IRB renewals for ongoing research protocols ("Continuing Reviews"), and notifications of study completion. The Recipient must promptly report the following to the CAPO,along with any corrective actions taken: (1) any serious or continuing noncompliance with human subjects research regulations and policies adopted by DHS(as referenced above); and (2) suspension, termination, or revocation of IRB approval of y any human subjects research activities conducted under this Award. Foreign Contractors/Collaborators and U.S. Institutions with Foreign Subcomponents. Foreign organizations (including direct Contractors, Subcontractors, Grant Recipients, Sub-recipients, and subcomponents or collaborating partners to U.S. Recipients) are subject to all DHS and CAPO requirements for research involving human subjects. All entities involved in activities under this Award must comply with applicable national and regional/local regulations, and standards and guidelines U) i equivalent to those described for U.S. institutions (e.g., 45 C.F.R. §46, including all Subparts, as relevant). The CAPO will evaluate compliance measures for these institutions on a case-by-case basis to determine their sufficiency. The Recipient must not initiate nor provide funds for the conduct of work involving human subjects at foreign institutions under this Contract without formal written approval from the CAPO. Activities performed by the Recipient and any Recipient institution under this Award may or may not be subject to U.S. export control regulations.The Recipient and any Recipient institution shall conduct all such activities, to include any and all DHS-funded research and development, acquisitions, and collaborations in full compliance with U.S. export controls—to include the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and the Office of Foreign Assets Control (OFAC) Regulations.The Recipient and any Recipient institution will ensure that all legal requirements for compliance with U.S. export controls are met prior to transferring commodities, technologies, technical data, or other controlled information to a non-U.S. person or entity. Upon DHS request,the Recipient and any Recipient institution must provide to CAPO documentation and any other information necessary to determine satisfaction of this requirement. Packet Pg. 503 C.14.b All documentation, as well as any questions or concerns regarding export controls, should be submitted to the CAPO at exportcontrols@hq.dhs.gov. The parties understand that information and materials provided pursuant to or resulting from this Award may be export controlled, sensitive, for official use only, or otherwise protected by law, executive order or regulation.The Recipient is responsible for compliance with all applicable laws and regulations. Nothing in this Award shall be construed to permit any disclosure in violation of those restrictions. Patent rights. The Recipient is subject to applicable regulations governing patents and inventions, including government- wide regulations issued by the Department of Commerce at 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements."The clause at 37 CFR 401.14 is incorporated by reference herein. All reports of subject inventions made under this Award should be submitted to DHS using the Interagency Edison system website at htt : h_ .chs._ov. Y _P _ Vim_ m Data rights. 1. General Requirements.The Recipient grants the Government a royalty free, nonexclusive and c, irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative i works, and to authorize others to do so, for Government purposes in: a. Any data that is first produced under this Award and provided to the Government; b. Any data owned by third parties that is incorporated in data provided to the Government under this Award; or c.Any data requested in paragraph 2 below, if incorporated in the Award. "Data" means recorded information, regardless of form or the media on which it may be recorded. m 2.Additional requirement for this Award. a. Requirement: If the Government believes that it needs additional research data that was produced under this Award, the Government may request the research data and the Recipient agrees to provide the research data within a reasonable time. b. Applicability:The requirement in paragraph 2.a of this section applies to any research data that are: i. Produced under this Award, either as a Recipient or sub-recipient; ii. Used by the Government in developing an agency action that has the force and effect of law; and iii. Published, which occurs either when: 1)The research data is published in a peer-reviewed scientific or technical journal; or Packet Pg. 504 C.14.b 2) DHS publicly and officially cites the research data in support of an agency action that has the force and effect of law c. Definition of"research data:" For the purposes of this section, "research data:" i. Means the recorded factual material (excluding physical objects, such as laboratory samples) commonly accepted in the scientific community as necessary to validate research findings. ii. Excludes: 1) Preliminary analyses; 2) Drafts of scientific papers; 3) Plans for future research; 4) Peer reviews; 5) Communications with colleagues; 6)Trade secrets; 7) Commercial information; similar information which is protected under law; and 9) Personnel and medical information and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, such as information that could be used to identify a particular person in a research study. d. Requirements for sub-awards:The Recipient agrees to include in any sub-award made under this Agreement the requirements of this award term (Patent Rights and Data Rights) and the DHS Standard Terms and Conditions award term (Copyright). Post-award program income: i In the event program income becomes available to the recipient post-award, it is the recipient's responsibility to notify the DHS Grants Officer to explain how that development occurred, as part of their request for guidance and/or approval. The Grant Officer will review approval requests for program income on a case-by-case basis; approval is not automatic. Consistent with the policy and processes outlined in §200.307, pertinent guidance and options, as determined by the type of recipient and circumstances involved, may be approved by the Grant Officer. If approval is granted, an award modification will be issued with an explanatory note in the remarks 1.All publications produced as a result of this funding which are submitted for publication in any magazine,journal, or trade paper shall carry the following: a. Acknowledgement. "This material is based upon work supported by the U.S. Department of Homeland Security under Grant Award Number, {insert Award Number as outlined in Item #4 on Notice of Award cover page}." Packet Pg. 505 C.14.b b. Disclaimer. "The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security." Recipient agrees to include in any sub-award made under this Agreement the requirements of this award term (Publications). 2. Enhancing Public Access to Publications. "DHS Policy explicitly recognizes and upholds the principles of copyright. Authors and journals can continue to assert copyright in DHS-funded scientific publications, in accordance with current practice.The policy encourages authors to exercise their right to give DHS a copy of their final manuscript or software before publication. While individual copyright arrangements can take many forms, DHS encourages investigators to sign agreements that specifically allow the manuscript or software to be deposited with DHS for public posting or use after journal publication. Institutions and investigators may wish to develop particular contract terms in consultation with their own legal counsel, as appropriate. But, as an example, the kind of language that an author or institution might add to a copyright agreement includes the following: "Journal (or Software recipient) acknowledges that the Author retains the right to provide a final copy of the final manuscript or software application to DHS upon acceptance for Journal publication or thereafter, for public access purposes through DHS's websites y or for public archiving purposes." i3 The DHS, through authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by the DHS on the premises of the Recipient, or a U) contractor under this Award, the Recipient shall provide and shall require its contractors to provide all i reasonable facilities and assistance for the safety and convenience of the Government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. "VA � t r; Either the Recipient or the DHS may terminate this Award by giving written notice to the other party at least thirty(30) calendar days prior to the effective date of the termination. All notices are to be transmitted to the DHS Grants Officer via registered or certified mail, return receipt requested.The Recipient's authority to incur new costs will be terminated upon arrival of the date of receipt of the letter or the date set forth in the notice. Any costs incurred up to the earlier of the date of the receipt of the notice or the date of termination set forth in the notice will be negotiated for final payment. Closeout of this Award will be commenced and processed pursuant to 2 CFR §200.339. tt t Travel required in the performance of the duties approved in this Award must comply with 2 CFR § 200.474. Packet Pg. 506 C.14.b Foreign travel must be approved by DHS in advance and in writing. Requests for foreign travel identifying the traveler, the purpose, the destination, and the estimated travel costs must be submitted to the DHS Grants Officer sixty(60) days prior to the commencement of travel. 1. "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 2. No funding under this award shall be used to support a contract, sub-award, or other agreement for goods or services that will include access to classified national security information if the award recipient itself has not been approved for and has access to such information. 3.Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, sub-award, or other agreement for goods or services that will include access to classified national security information by the contractor, sub-awardee or other entity without prior written approval from the DBS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. 4. Such contracts, sub-awards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by State and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating W Manual (NISPOM); and/or other applicable implementing directives or instructions. All security t� requirement documents are located at: htt :1www. hs. ov/xopnbizgrntsinex shun m i 5. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, sub-award, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, sub-award, or other agreement, the award recipient shall contact ISPB, or the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: D-D 25 4Ad-min i-st rat iveS—ec—u Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 The following are incorporated into this Award by this reference: Packet Pg. 507 C.14.b 31 CFR 205 Rules and Procedures for Funds Transfers 2 CFR Part 200 Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards Application Grant Application and Assurances dated 10/21/2019 1. 2 C.F.R. Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." 2.The terms and conditions of this Award 3.The Funding Opportunity, DHS-ST-19-106-STC-0001, Securing the Cities Program 4.Application and Assurances dated 10/21/2019, as revised 1/30/2020 CJ CJ Packet Pg. 508 C.14.c AGENDA ITEM SUMMARY FORM l B"`°B File ID: #7460 � Date: 05/18/2020 Requesting Department: Department of Fire- Rescue Commission Meeting Date: 06/25/2020 Sponsored By: District Impacted: All Type: Resolution Subject: Establish Special Revenue Project - Securing the Cities Purpose of Item: A Resolution of the Miami City Commission authorizing the City Manager to accept grant funding in the amount of$1,977,434.00 from the Department of Homeland Security ("DHS") "Securing the Cities Program 2019". This funding will be utilized to enhance regional capabilities in detecting, identifying and responding to radiological and nuclear threats throughout Miami- Dade, Broward, Palm Beach and Monroe Counties. y Background of Item: The Miami Region currently lacks the capacity to adequately and comprehensively detect and respond to radiological and nuclear ("R/N") threats. The Miami Region contains numerous and potential critical targets for R/N attacks by land, sea and air, magnifying the need for the development of regional R/N detection, identification and U) response capabilities to protect lives and the economy. Funding provided by the "Securing the Cities (STC) Program 2019" shall assist our vulnerable region in becoming better trained and equipped to detect and respond to such threats. It is appropriate for the City Commission to authorize the City Manager to execute any and all necessary documents, in a form acceptable to the City Attorney, for the acceptance and administration of said grant, and to appropriate same. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $1,977,434.00 Special Revenue Account No: 11000.189000.431000.0000.00000 Reviewed By Department of Fire-Rescue Johnny Duran Fire Budget Review Completed 05/19/2020 9:06 Department of Fire-Rescue Eloy Garcia Fire Chief Review Completed 05/19/2020 9:08 Office of Management and Budget Pedro Lacret Budget Analyst Review Completed 05/20/2020 12:19 Office of Management and Budget Christopher M Rose Budget Review Completed 05/20/2020 12:20 City Manager's Office Arthur Noriega V City Manager Review Completed 05/21/2020 11:51 Legislative Division Valentin J Alvarez Legislative Division Review Completed 06/11/2020 2:38 Office of the City Attorney George Wysong ACA Review Completed 06/11/2020 4:23 Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 06/11/2020 5:00 Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 06/15/2020 12:40 City Commission Nicole Ewan Meeting Completed 06/25/2020 9:00 Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 06/29/2020 5:49 Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 06/29/2020 6:01 Office of the City Clerk City Clerk's Office Rendered Completed 06/29/2020 6:01 PM Packet Pg. 509 C.14.c i3 c Packet Pg. 510 City of Miami City Hall °°°"° °°°"° 3500 Pan American Drive °° Legislation �` g Miami, FL 33133 r, �t � www.miamigov.com Resolution Enactment Number: R-20-0183 File Number: 7460 Final Action Date:6/25/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING PURSUANT TO THE TERMS AND CONDITIONS OF THE DEPARTMENT OF HOMELAND SECURITY'S ("DHS") "SECURING THE CITIES (STC)" GRANT PROGRAM; ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "SECURING THE CITIES (STC) PROGRAM 2019" IN AN AMOUNT NOT TO EXCEED $1,977,434.00 CONSISTING OF A GRANT FROM DHS FOR THE PURPOSE OF ENHANCING REGIONAL CAPABILITIES IN DETECTING, IDENTIFYING, AND RESPONDING TO RADIOLOGICAL AND NUCLEAR THREATS BY PROVIDING FIRST RESPONDERS WITH THE NECESSARY TRAINING AND EQUIPMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE AND ADMINISTRATION OF SAID FUNDS AND COMPLIANCE WITH SAID TERMS AND CONDITIONS WITH AN OPTION TO RENEW FOR UP TO FIVE (5) YEARS. WHEREAS, the City of Miami's ("City") Fire-Rescue Department has been awarded a W grant from the United States Department of Homeland Security Securing the Cities Program c 2019 ("Program") in an amount not to exceed $1,977,434.00 to serve as the lead agency for Miami-Dade, Broward, Monroe, and Palm Beach Counties ("Miami Region"); and WHEREAS, the overall anticipated period of performance is one hundred twenty (120) months, to be allocated amongst ten (10) twelve (12) month budget periods; and WHEREAS, funding for the first budget period will be provided under this initial Notice of Funding Opportunity and should further funding become available for additional budget periods, the City will be able to submit additional applications and budget materials for continuing awards to support additional budget periods; and WHEREAS, the Miami Region currently lacks the capacity to adequately and comprehensively detect and respond to radiological and nuclear ("R/N") threats; and WHEREAS, the Miami Region contains numerous potential critical targets for R/N attacks by land, sea, and air, magnifying the need for the development of regional R/N detection, identification, and response capabilities to protect lives and the economy; and WHEREAS, funding provided by the Program shall assist the vulnerable Miami Region in becoming better trained and equipped to detect and respond to such R/N threats; and WHEREAS, it is appropriate for the City Commission to authorize the City Manager to execute any and all necessary documents, all in a form acceptable to the City Attorney, for the acceptance, administration, and compliance with said Program and to appropriate same; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Packet Pg. 511 C.14.c Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to accept funding pursuant to the terms and conditions of the Program's 2019 Cooperative Agreement, attached and incorporated as Exhibit "A". Section 3. The following new Special Revenue Project is established and resources are appropriated as described below: FUND TITLE: Securing the Cities (STC) Program 2019 RESOURCES: The Department of Homeland Security $1,977,434.00 APPROPRIATIONS: $1,977,434.00 Section 4. The City Manager is further authorized' to negotiate and execute any and all necessary documents, all in a form acceptable to the city attorney, for the acceptance and administration of said grant and compliance with said terms and conditions. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: rW 0 i, ria °ndez, City Attomey 0115/202.0 CJ ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end often calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Packet Pg. 512