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FY2009 02/16/2011DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: March 7, 2011 TO: Sheriff Robert P. Peryam Monroe County Sheriffs Office ATTN: Tamara Snider Grants Administrator FROM: Pamela G. Hanco 4 c At the February 16, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item J2 Memorandum of Understanding between the Monroe County Sheriff's Office and the Monroe County Board of County Commissioners to apply for reimbursement of funds from the USAI FY 2009 Grant/Homeland Security Office of Domestic Preparedness with the City of Miami. The $166,639.00 from the grant will be used to purchase equipment approved by the granting agency. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Attorney via e-mail Finance File ✓ MEMORANDUM OF UNDERSTANDING THIS,AVTMORANDUM OF UNDERSTANDING is made and entered into this day of , 2011, by and between the Monroe County Board of County Commissioners, a pol' cal subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and The Monroe County Sheriff's Office, hereinafter referred to as "SHERIFF." WITNESSETH WHEREAS, the U.S. Department of Homeland Security Office for Domestic Preparedness has awarded a grant to the State of Florida Department of Community Affairs through the FY 2009 Urban Area Security Initiative (UASI), and WHEREAS, the State of Florida Department of Community Affairs has awarded a subgrant of these funds to the City of Miami through a federally -funded subgrant agreement, and WHEREAS, the COUNTY entered into an agreement with the City of Miami on July 8, 2010, by which the City of Miami sub -granted the sum of three hundred twelve thousand four hundred and seventy-two dollars ($312,472.00) to Monroe County, of which one hundred and sixty-six thousand six hundred thirty-nine dollars ($166,639.00) was to be given to Monroe County Sheriff's Office for the purchase of equipment approved by the granting agency as well as other items, and WHEREAS, the SHERIFF has agreed to purchase law enforcement equipment for use by the SHERIFF in accordance with the COUNTY'S agreement with the City of Miami, NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the SHERIFF agree as follows: 1. TERM - The term of this Agreement is from February 16, 2011, through April 30, 2012, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The SHERIFF will purchase equipment as outlined in the COUNTY'S agreement with the City of Miami, attached as Attachment A and made a part hereof. 3. OWNERSHIP — The SHERIFF will retain ownership of the approved equipment and will maintain the items on the Sheriff's inventory. 4. FUNDS - The total project budget to be expended by the SHERIFF in performance of the services set forth in "Attachment A" of this agreement shall be the total sum of $166,639.00. The total sum represents federal grant support in the amount of $166,639.00 and matching funds in the amount of $0.00. All funds shall be distributed and expended in accordance with the grant agreement. Monroe County Sheriffs Office — MOU UASI FY 2009 Page 1 of 3 5. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "Memorandum of Agreement for Participating Miami UASI IV Agencies" therefore and all laws, rules and regulations relating thereto are incorporated by reference (Attachment A). 6. BILLING AND PAYMENT - The SHERIFF shall render to the COUNTY, after purchase of the equipment, an itemized invoice properly dated, describing the equipment purchased, the cost of the equipment, and all other information required by the COUNTY for reimbursement. Upon receipt of the appropriate documentation the COUNTY shall reimburse the SHERIFF for the said expenditures. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any equipment ordered by the SHERIFF after the SHERIFF has received notice of termination. In the event there are any unused grant Funds, the SHERIFF shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: - - =`'� ��ri ••iris _., _ - ---_- Director Monroe County Emergency Management 490 63rd St., Suite 150 Marathon, FL 33040 FOR PROVIDER Monroe County Sheriff Robert P. Peryam 5525 College Road Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 9. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the City of Miami cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the SHERIFF at its address specified above. The COUNTY shall not be obligated to pay for any equipment ordered by the SHERIFF after the SHERIFF has received notice of termination. Monroe County Sheriffs Office — MOU UASI FY 2009 Page 2 of 3 10. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the SHERIFF shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the SHERIFF. If the SHERIFF receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 11. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 12. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. �{ ' , TNESS WHEREOF, the parties to this Agreement have caused their names to be a A �e �r y the proper officers thereof for the purposes herein expressed at Monroe cI 1 on the day and year first written above. (SEAS,) H ` BOARD OF COUNTY COMMISSIONERS ES,' ANNY L. KOLHAGE, Clerk OF MONROE NTY FLORIDA 0 UJ B By: eputy Clerk Q- r/ ay airman CDr.., UJ W : ) MONROE COUNTY SHERIFF'S OFFICE n. By: �• Title: C�•�"El Aho ROE & t%15P( ATTORNEY Uilv—f FORM: MONROE N SHERIFF'S OFFICE Monroe County Sheriffs Office — MOU UAS VE AS TO FORM: CYNTHIA L. HALL Page 3of3 AS STANT COUNTY ATTORNEY PA ICKJ. McCULLAH Date_ l - -yll NERALC�utµ_@�1 ATTACHMENT "A" BOARD OF COUNTY COM AGENDA ITEM SUN, Meeting Date: January 19, 2011 Division: Emergency Services Bulk Item: Yes X No _ Department: Emergency Management Staff Contact Person/Phone # Jose Tezanos / 305-289-6325 AGENDA ITEM WORDING: Approval of a Memorandum of Agreement with the City of Miami dated July 8, 2010 concerning a United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida Division of Emergency Management (FDEM) sub -grant Agreement # I IDS-32-11-23-02-233 in the amount of $312,472.00 with no county match required; and authorization for the County Administrator to execute any other required documentation in relation to the application process. ITEM BACKGROUND: The United States Department of Homeland Security's Office of Grants & Training (OG&T), through FDEM, has subgranted the Urban Area Security Initiative (UASI) Grant Program, FY 2009, to the City of Miami, Miami -Dade and Monroe Counties, and the City of Hialeah in the amount of $10,708,461.00. This program targets homeland security funding to "high threat" urban areas in order to prevent, respond, and recover from threats or acts of terrorism. Monroe County is receiving $312,472.00 and it.breaks down as follow: Monroe County Emergency Management — $145,833.00 and Monroe County Sheriff's Office $166,639.00. PREVIOUS RELEVANT BOARD ACTION: The UASI FY05, FY06, UASI FY07, and UASI FY08 were approved on the March 15, 2006, May 11, 2007, March 19, 2008, and January 20, 2010 BOCC meetings respectively. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: It is appropriate to accept UASI FY09 Grant award. The Monroe County Sheriff's Office is to provide the County a Memorandum of Understanding to apply for reimbursement of funds. A revenue fund needs to be established by the Office of Management and Budget. TOTAL COST: 312,472.00 INDIRECT COST: BUDGETED: Yes No X DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $ 0.00 SOURCE OF FUNDS: UASI Grant REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year _ APPROVED BY: County Atty W OMB/Purchasing X Risk Management X a& DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: City of Miami Contract #1 l-DS 32-11-23-02-233 Effective Date: October 1, 2009 Expiration Date: April 30, 2012 Contract Purpose/Description: Approval of a Memorandum of Agreement with the City of Miami dated July 8, 2010 concerning an United States De artment of Homeland Security's Office of Grants & Training OG&T), through the State of Florida Division of Emergency Management (FDEM) sub- grant (Agreement # 11DS-32-11-23-02-233), and authorization for the County Administrator to execute any other required documentation in relation to the application process. A revenue fund needs to be created by OMB Contract Manager: Jose Tezanos 6325 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on ' Jan 19, 2011 Agenda Deadline: Jan 4, 2011 CONTRACT COSTS Total Dollar Value of Contract: $ 312,472.00 Current Year Portion: $ 312,472.00 Budgeted? Yes❑ No ® Account Codes: GE- - - - Grant: $ 312,472.00 County Match: $ 0 - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Zte Needed ReviewerDivision Director /V Yes[—]Nol Risk Management `UNd Yes❑ NO2� lawl U O.M.B./Purchasing [2."7-1—10 Yes[] NoR County Attorney , 4 `fj Yes[-] No Comments: OMB Form Revised 2/27/01 MEMORANDUM OF AGREEMENT FOR PARTICIPATING MIAMI UASI GRANT 2009 AGENCY "Monroe County" This Agreement is entered into this day of , 2010, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and Monroe County, (the "Participating Agency"). RECITALS WHEREAS, .the U.S. Department of Homeland Security (USDHS) is providing financial assistance to the Miami urban area in the amount $10,708,461 dollars through the Urban Area Security Initiative (UASI) Grant Program 2009; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 2009; and WHEREAS, as the USDHS requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the UASI Grant Program 20Q9 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2009 Urban Area has'been defined as the City of Miami, Miami - Dade and Monroe Counties, and the City of Hialeah, and anticipates sub -granting a portion of the UASI funds in accordance with the grant requirements; and WHEREAS, the City Commission, by Resolution No. '/W - 0 d C% a , adopted on _ 3 - Fs - / 0 , has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and 6 tw --J� /0_,4CV-/ WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the Urban Area Working Group process to enhance Miami and its surrounding jurisdictions ability to respond to a terrorist threat or act. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow: I.PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASI Grant Program 2009 which was made available by the U.S. Department of Homeland Security and the State of Florida Division of Emergency Management. (FD EM). B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring Agency, [I: SCOPE A. The provisions of this Agreement apply to UASI Grant Program 2009 activities to be performed at the request of the federal government, provided at the optioh of the Sponsoring Agency, and in conjunction with, preparation for, or in anticipation of, a major disaster or emergency related to terrorism and or weapons of mass destruction. B. No provision in this Agreement limits the activities of the Urban Area Working Group or its Sponsoring Agency in performing local and state functions. 111 DEFINITIONS A. Critical Infrastructure. Any system or asset that if attacked would result in catastrophic loss of life and/or catastrophic economic loss management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. B. Core County. The county within which the core city is geographically located. The core city is the City of Miami. C. UASI Grant Program 2009. The UASI Grant Program 2009 reflects the intent of Congress and the Administration to enhance and quantify the preparedness of the nation to combat terrorism. D. National Incident Management System (NIMS). This system will provide a consistent nationwide approach for federal, state, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi -agency coordination systems; unified command; training; identification and E. Urban Area Working Group (UAWG). The State Administrating Agency,.Point of Contact (SAA POC) must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identify POCs from these jurisdictions to serve on the Urban Area Working Group. The Urban Area Working Group will be responsible for coordinating development and implementation of all program elements, including the urban area assessment, strategy development, and any direct services that are delivered by the grant. F. UASI Grant Program 2009. This grant is being provided to address the unique equipment, training, planning, and exercise needs of large high threat urban areas, and program activities must involve coordination by the identified core city, core county/counties, and the respective State Administrative Agency. Funding for the UASI Grant Program 2009 was appropriated by U.S. Congress and is authorized by Public Law 108-11, the Emergency Wartime Supplemental Appropriations Act, 2003. The funding will provide assistance to build an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism for the selected urban areas. G. Urban Area. An urban area is limited to inclusion of jurisdictions contiguous to the core city and county/counties, or with which the core city or county/counties have established formal mutual aid agreements. IV.. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the City of Miami Fire- y Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Coordinating with named , counties and cities, with the respective State Administrative Agency, and with the FDEM and USDHS. C. Conducting a comprehensive Urbar► Area Assessment, which will in turn guide the development of an Urban Area Homeland Security Strategy. D. Ensuring the participation of the following critical players in the assessment and strategy development process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health. E. Developing a comprehensive Urban Area Homeland Security Strategy and submit to the SAA POC. F. Complying with the requirements or statutory objectives of federal law. G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. H. Following grant agreement requirements and/or special conditions. I. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the main liaison and partner with the City of Miami Fire -Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Developing sub -grants for municipalities within each county in accordance with UASI Grant Program 2009 requirements. Participating Agencies and sub -grantees must abide by the grant requirements including budget authorizations, required accounting and reporting on fund usage, use of funds only for the intended purpose, and tracking of federally funded assets. C. Submitting monthly budget detail worksheets to the City of Miami on the progress of direct purchases of equipment or services. D. Complying with all UASI Grant Program 2009 requirements. E. Participating as a member of the Urban Area Working Group to include coordinating with and assisting the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide development of an Urban Area Homeland Security Strategy, F. Ensuring the participation of the following critical players in the assessment and strategy development process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health. G. Assisting the sponsoring agency in development of a comprehensive Urban Area Homeland Security Strategy. H. Complying with the requirements or statutory objectives of federal law. I. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. J. Fallowing UASI Grant Program 2009 agreement requirements and/or special conditions. K. Submitting required reports as prescribed by the Sponsoring Agency. L. Maintaining an equipment inventory of UASI purchased items. VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely by the Sponsoring Agency. B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in a timely fashion. The Sponsoring Agency will prepare consolidated reports for submission to the State of Florida. C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel. D. Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28, Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement _or any other contract. E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency. Vll. FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $300,000 or more of Federal funds during their fiscal year are required to submit an organization -wide financial and compliance audit report. The audit must be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and OMB Circular A-? 33. B. The Secretary of Homeland Security and the Comptroller General of the •United States shall have access to any books, documents, and records of recipients of UASI Grant Program 2009 assistance for audit and examination purposes, provided -that, in the opinion of the Secretary of Homeland Security or the Comptroller General, these documents are related to the receipt or use of such assistance. The grantee will also give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. C. Financial Status Reports are due within 45 days after the end of each calendar quarter. A report must be submitted for every quarter that the award is active, including partial calendar quarters, as well as for periods where no grant activity occurs. D. Submit progress reports to describe progress to date in implementing the grant and Its impact on homeland security in the state. E. All financial commitments herein are made subject to the availability of funds and. the continued mutual agreements of the parties. VIII. CONDITIONS, AMENDMENTS, AND TERMINATION A, The Participating Agency will not illegally discriminate against any employee or _ applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in full force and effect. C. This Agreement may be modified or amended only with the written agreement of each of the parties. D. This Agreement may be terminated by either party on thirty (30) days written notice to the other party. E. This Agreement shall be considered the full and complete agreement between the undersigned parties, and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except for any executory obligations that have not been fulfilled. F. This Agreement may be executed in several parts, each of which shall be considered a valid Agreement, provided that each of the parties to the Agreement has executed at least one (1) original copy of the Agreement and has transmitted copy of the signature page hereof to the other parties. G. This Agreement will end on April 30, 2012, unless otherwise extended, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's ability to conform to procedures, training and equipment standards as prescribed by the grant. SPONSORING AGENCY THE CITY OF MIAMI, a municipal ATTEST: Corporation of the State of Florida BY: Priscilla A. Thompson City Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: Julie O. Bru City Attorney BY: Carlos A. Migoya City Manager APPROVED AS TO INSURANCE REQUIREMENTS: BY: LeeAnn Brehm, Director Risk Management PARTICIPATING AGENCY "Monroe County" ATTEST: BY: Name: NAME: Title: TITLE: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney MO OE COUNTY ATTOR Y R D -A O O R CYNTHIA . HALL ASSISTANT CO NT4,,�qTORNEY Date fl �d�01 Contract Number: 11DS-32-11-23-02-233 CFDA Number: 97.067 FEDERALLY -FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee,.F.lo.rida..(hereinafter referred to as the "Division"), and City of Miami, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to c ubgFant # ese fi unWPQA ti ,..and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK. - The Recipient -shall -perform the work in accordance -with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin October 1, 2009 and shall end April 30, 2012, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB Circular No. A-102, Common Rule: Uniform Administrative Requirements for State and Local Governments" or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division .-or its -designee,-.the State Chief.Financial Officer•or the State Auditor General access to the.records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of fire years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: -lf anylMgration—claim or-avditis-startedteforerthetveyear-period-expireb, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings inynly4nq tfi - records have hPPn rQsalved_ 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the 'time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained forfrve years after Ahe.closing ion the.transfac oflitle....1... _ ..._.:-- ......._... ... _:_ .._.. .. . :. . ... ..... -- ­--_ ... . (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00. p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. 'Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 2 (d) If the Recipient is a State or local government or a non-profit organization as defined . in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal -- - - awards expended in its fiscal ear, -the Recipient shall -consider--all sources of Federal awards, including Federal resources received from the Division. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OTJIB Arcu ar -13.3, as revrs , wr mee -theWt�rtfeni�o7 this-paraYjaph.In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall A 11fiU�be�ec}uir -menu for a, Oitee responsibilities ac prnvided in Subpart C of OMB Circular A-133 as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the .... .._ eventibat.theRecipietatexpendsJess.tbam-$500.,AD01nFederal.awards inj_ts _fiscaj_ear and chooses to .. have an audit cond ucted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal funds. . (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to: The Division at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilia.parrish@dca.state.fl.usj and Division of Emergency Management Finance and Administration 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 2100 Send. the Single Audit reporting package -and Form SF -SAC to the Federal Audit Clearinghouse by _... _submission online at hftp:#harvester.census.gov/facteollectlddeindex.html 3 And to any other Federal agencies and pass -through entities in accordance with Sections .320 (e) and {f), OMB Circular A-1 33, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Division at the following addresses: Department of Community Affairs - _ _.. Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parnsh@dca.state.fl.us] Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit ^ organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to, the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipients fiscal year. M REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. 4 (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or 60 days -after completion of the activities- contained in this Agreement, -whichever -first occurs. - (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was compete in accor ante wrth—ie midge an cope of ork. (e) The Recipient shalt provide additional program updates or information that may be requiped by the Divisien. (f) The Recipient shall provide additional reports and information identified in Attachment D -- (8) MONITORING. - --•- ----- Vie -Recipient -shall -monitor -its perfoFmance-nder-this;Agreement,-as.well as.that-ofits —---_--._ subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and/or other procedures. -The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division or tho , Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all -tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat, and the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. 5 1 (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat, agrees to be fully responsible for Its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla, Stat Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein construed as consent by-astate agency orsubdivision of -the State offlorida to be -sued by third - parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of fun s�if-ffie 6iv o"'-'ssin e�fs; Fr—m nate and the Division has e option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make ts-after-aRy �k,e-' - -of DafauWt#;eut-wai none-dgbt-to-exercise such remedies, and without becoming liable to make any further payment (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient _.s_-fails#o-keep-or-performaany-of-the-obligationsrterans-orxovenants.inlhisAgreementor-.any.previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement (11) REMEDIES. If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipients failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively_ (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-retum receipt requested, to the address in paragraph (13) herein; Agreement, (b) Begin an appropriate legal or equitable action to enforce performance of this (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2."-issue a written warning to advise that more serious measures maybe taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any actlAties in question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; ther-tests er-remedies whish reay I�eavailabte under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. if the Division waives arty right or remedy in - - - -this Agrem.ent•er-fails4o,ainsist-on strict -perfoaraance-bythe•Recipient, AvAll not.affect, Rxtend orwaive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or othermaterial subject to*disclosure under Chapter 119, Fla. Stat; as amended. (b) The Division may terminate this Agreement for donvenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Reciplent with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement (d) in'the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. hl (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. -(b)-The name and address of the -Division contract manager -for this Agreement is: Carolyn Washington, Community Assistance Consultant Florida Division of Emergency Management Bureau of Finance Grants Section 2555 Shumard Oak Boulevard Tallahassee, Florida. 32399-2100 Telephone: (850) 410-1271 Fax: (850) 488-7B42 Email: carolyn.washinQton(aDem.myfiorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Allen Joyce, Assistant Fire'Chief et Miami, Florida 33136 Telephone: 305-416-5402 Fax: 305-400-5029 Email: ajoyce@miamigov.com (d) In the event that different representatives or addresses are designated by either party after exec Orlon of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ill) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. 8 (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c)-This Agreement -has the -following attachments: -- - _ Exhibit 1 -Funding Sources Attachment A - Budget and Scope of Work Attachment B -. Program Statutes, Regulations and Special Conditions Attachment C - Justification of Advance Attachment D- Warranties and Representations Attar•.hmant F - r prfifirntinn Regarding DeharmPnt Attachment F - Statement of Assurances (17) FUNDING/CONSIDERATION (a) This is a cost -reimbursement Agreement The Recipient shall be reimbursed for . _- ____.- .__. __. oostsiocufr-ed_in-the-satisf-actory-performance-of-work-hereunder-in-an•amount-rwt4o-exceed•$10;7U8,,461;- — - subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16), FIa.Stat.. and is contingent upon the Recipients acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement The amount which maybe advanced may not exceed the expected cash needs of the Recipient within the first three months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of f990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as.' Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. An advance payment of $___X is. requested (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19xh) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. 9 (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs' and mailed directly to the following address: Department of Community Affairs Cashier Fiscal Management 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the __� _. �__ �tfii'ern-ents_o`f`ttSrs g�eeTi'i�`t�7t o'f"s"ai�ii�%7r"n�fi"oh; repres`�nta-tioh's; arid'maferials'isincoi�sdrated`by-` --- - reference.. Additional special conditions are listed on Attachment B. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement.is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate -any other provision of this Agreement (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans Wrth Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sag. , which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the 10 construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, 'may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list _(g) .._._AnyRecipientwhichisnotalocal..govemment.orstate.agency,and which .. receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, -or voluntarify, excluded from covered transactions -by a federal department or agency; -- 2. have not within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, —' bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3_ are notpreseELtly_indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(9)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement In addition, the. Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment E) for each intended subcontractor which Recipient plans to fund under this Agreement The form must be received by the Division before the Recipient enters Into a contract with -any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat or the Florida Constitution. (i7 All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat 11 (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the -- -- - Divislorfs obligaticiwto pay -the contract amount (m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the immigration and Nationality Act (•INA')j..The Division shall consider the employment by any contractor of unauthorized aliens a vi6latiori of Section 274A(e) of the 1NA. Such violation by the Recipient of the employment provisions contained in "eetiert214 icy uRilateral caneellatien ef this AgFeement by the MWIsion. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.] with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be ---- ---•-------publid"oticed;-open-to4he=publi"nd-the-minutes-of-all4he-meefingsshatl_be-public records,,wailable.--. _.-...- to the public in accordance with Chapter 119, Fla. Stat (o) All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used Airectly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee pf 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 12 connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard. Form-LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. - -- - `-This certification is a material representation of fact upon-which'-reliancewas 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 falls to file the required certification shall be subject to a civil penalty of not less than 51D,000 and not more than $100,bod for each such failure. (21} COPYR�I`GpH/T�PATENT pAND � TRADEMARK ��� /+/����� ���J r(J� _ 11HIV ANI) At 1 PATENT-MQTiTDT1WRYING UND-.. -.-... GGNTI�-�Y"Ff'7'(1L. PERFORMANCE OF THiS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WiTH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF (a) if the Recipient has a pre-existing patent or copyright, the Recipient shall retain ail rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. -If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which fie or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. 13 (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. IN WITNESS WHEREOF, the parties hereto have executed this Agreement RECIPIENT: CITY OF MIAMI Name and title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY Name and Title: David Halstead. later#m Director Date: /%14�zll 14 _____`'-Urban Area -Security4nitiative Grant Program--FY.2009.& Memoranda .of ALrr-eements'�—______._.__ ATTEST: CITY OF MIAMI, FLORIDA ---------- , Priscilla A. Thompson Ca os A. Migoya City Clerk City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIRENMENTS: Julie 0. Bru City Attorney &I" E&Aw�-Brim, Director Risk Management Division 6-01 ksl*� THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Federal agency: Urban Area Security Initiative (UASI) Catalog of Federal Domestic Assistance title and number: 97.067 Award amount: $10,708,461 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Recipient represent more than one Federal program, list _ applicable compliance requirements for each Federal program in the same manner as shown below.- Federal Program: Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform the following eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, National Preparedness Directorate Fiscal Year 2009-10 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. 2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient. 15 Budget and Scope of Work Proposed Program Budget -1 Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the 'Proposed Program Budget" as a guide for completing the'Budget Detail Worksheet' below. -.--- -. -- - -d - .-- -The-equipment category will require a *Detailed Budget Worksheet"jnduding,the.proposed.equipment to be purchased and the corresponding Authorized Equipment List (AEL) reference number. The AEL can be found at www.rkb.us. -1 The transfer of funds between the categories listed in the "Proposed Program Budget" is permitted. However, 25% of the award allocation has to be used for eligible LETP- Type activities. 4 -However, at the discretion of the -Recipient, -funds allocated to Management and Administration costs (as described in the "Proposed Program Budget*) may be put towards Programmatic costs instead. However, no more than 3% of each Recipients' total award may be expended on Management and Administration costs. G l i` Y J P 4 s 4 K 1 ". r s` pp ,+ w5;{,r'>� Grarit ��$�f � ,.k4'`h,,.r.. [ •• '+•. h.Nf .I' [ L ' +• s,"`. "F`Reci ieritA en r , xA �r .r :... .. p._ ,. 9•,. _ y r ...<..5.? w 'br ..v •,t. .ey<-b.....!• -i - l» h r. N , S' I,r 3 'i7ftlra d+ta a r C» o k� �t .rn� •••r � ,..-� � -,.�., �� <,; i'/ Ehy 1' t" SjR" r Amorin A1locateri ^, Award Allocation $11,039,650.00 Miami UASI FY 2009 - State Homeland State Management & Administration $331,189.00 Security Grant Program - Urban _ withheld 3%. Area Security Initiative - Issue 53 Expendable Award Allocation after 3% $10,708,461.00 reduction LETP-Type Activities (25% of award allocation) This amount is not In addition to $2,759,913.00 the remaining award amount but instead signifies the amount needed to meet the 25% requirement Management and Administration $321,253.00 (The dollar amount which corresponds to 3% of the total local agency allocation is shown in the column on the right). u 16 The Recipient is required to provide a completed budget detail worksheet, to the Division• which accounts for the total award for issue as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet', fir the execution of this contract, contact the contract manager listed in this contract via email or letter. : �,ti _ . tin 5cS- n ��•..'�y -r, Ailorvabls Casts T T Quantity .` Unit Cost : 7ota! Cdt ;Pjantllrtg _E:_ Developing scenario plans that incorporate the range of prevention, protection, response, and recovery activities for a scenario Developing and implementing homeland security support programs and adopting DHS national initiatives --Developing related4orrorism-preventionac[ivifes Developing and enhancing plans bnd protocols Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) 1. CBRNE Emergency Planning Coordinator 2. Preparedness Planning Services 1 $80,000 $80,000 3. Planner (14 months, inc! fringe) 1 $83,357 $83,357 . __.A - -el aaning•Coordinators4a=ttu,rncl:fdnge) --- _---I— • - • --- T1'f2;000— . --$.T1'2,000 - 5. Communications Planning Services (this project is split btw. 1 $285,824 $285,824 P. T & E) 1 $50,000 $50,000 S. Preparedness Planning Services (this project is split btw. P, T 1 $100,000 $100,000 & E) 7. EOC Job Aide Development & Collaboration System 1 1 $60,000 $100,000 $60,000 $100,000 Integration 1 $139,500 $139.500 8. Homeland Security Planning/Public Awareness for TLO 1 $190,000 $190,000 S. Municipal & Emergency Management Partner 1 431 $,, 431 $0,00000 COOP/Emergency Plan Development/Enhancement NIMS 1 $300,00 0 $30 Compliance (Split btw. P and T) 1 $50,000 $5, 10. MDC Departmental & Facility COOP Development & Updates 1 $548,338 33 $549338 11. Regional Planning (split btw. P,T &E) 12. Regional Communications Planning (split btw. P,T, & E) 13. Regional NIMS/NRF Planning (split btw. P, T & E) 14. Project Planning Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per them related to planning activities Overtime and backfill costs - Payment of overtime expenses WII be for work performed by award (SAA) or sub -award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. Other projects areas with prior approval from FEMA Allowable LETP Planning Costs Quantity Unit .Cost Total Cost Establishment / Enhancement of Fusion Centers • Hiring an IT specialist to plan, develop, and implement the IT applications necessary for the fusion center • Developing and planning for informationhntelligence sharing groups • Hiring contractors and consultants to make recommendations on the development of the fusion center 17 Conducting point vulnerability analyses and assessments Soft target security planning (public gatherings) Developing border security operations plans in coordination with CBP Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas Updating and refining threat matrices Integrating and coordinating private sector participation with fusion center activities Developing and implementing civil rights, civil liberties and privacy cues' rocedures,-arid protocbls. Acquiring systems allowing connectivity to State, local, and Federal data networks, such as the National Crime Information Center (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate Designing and developing State and local geospatial data systems Costs associated with the adoption, implementation and adherence to NIMS National Credentialing Framework Integrating and coordinating private sector participation with fusion center activities rgan iatio ties; e{ ^xf �JiSHa '� .;<, "`; ':/',dy'�< p(� LN '�, (j'a,l Llt�i^ll �:. ,,/ /t ; dl�rllL {�OSt 4 h7; kr .'+ i i'�i J• {O t✓OSt' F FP C1AS d: fir. v*�,aP .e�.t tW:i nir r: �!'. n.rv�niC k)Tir Overtime for information, Investigative, and intelligence sharing activities (up to 50 percent of the allocation) Reimbursement of select operational expenses associated with increased security measures at critical infrastructure sites, incurred auflM tiim en s o DHS--?1ecctUW'b1� (s 0p to 50 percent or the allocation). Hiring of new staff positiord contractors/consultants for participation in informatiorYntelfiigence analysis and sharing groups or fusion center activities (up to 50 percent of the allocation) �,E'��,i� " t '4 I TWO`?'''vdi,Gin JliiijS i^ .0 s:�i?:3 yi . ,•:t ,rP �3�P4. ry cC�}qty' i p' §►II vlr�%I "1 ringosts7 "5�r ' Rr +v ,:,•r.•2`T':.:F'�f:�<, i'�• /� 4wi lYr�an Ir i �1r,.,.R:'+,:i;iG 4C°5i. a;:r iti.4• �w �p , :y �..,�,:i �•'."::1i" /� ii kE�1��, b•" r)li'; j� ;.M`i 43 .U1.Y,r=ii�^:t`.!-9 51 S > �i�,N.�it%ti'9:��: ���� G.rrY:+� la »u1+a ...:,. �tn4U�.'Lti.S �.NA!q?'t. ",•••xxxlll Y, 7•-i4tfi J�'Swi.rk. ��tl. Overtime and ball for emergency preparedness and response personnel attending FEMA-sponsored and approved training Gasses. 1. SWAT Tactical Medic Program Training 1 2. NIMS Compliance Training — Disaster Management 1 $52,737 $52,737 Simulation/Training 1 $125,680 $125.680 3. Field Force Training for Patrol Officers 1 $110,000 •$110,000 4. Training Overtime/Backfill $255,491 $255,491 5. University of Miami ERT Training $50,000 $50,000 S. Backfill for fire department personnel to attend training and $70,877 $70,877 drills $91,588 $91,588 7. Specialized Emergency Training for Terrorism/Emergency 1 $200,000 $200,000 Responders/incident Command 1 $28,600 $28,600 8. Fire Boat Rescue Training 1 $70,500 $70,500 9. Fire Service Intelligence Enterprise (split btwT & Equip) 1 $20,000 $20,000 10. Municipal & Emergency Management Partner $20,000 $20,000 COOP/Emergency Plan Development/Enhancement NIMS $30,000 $30,000 Compliance (Split btw. P and T) 11. Regional Training (Split btw. P,T&E) 12. Regional Communications Training (Split btw. P, T & E) 13. Regional NIMS/NRF Training (split btw. P, T & E) Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA training. Training Workshops and Conferences 1 $30,000 $30,000 1. Citizen Corps Training 18 --FuJVorf'arf-Time-Staff orGontradnrs/Consultants ---- — —" --- - g25,000 $25,000 - 1, Communications Training Services 1 $25,000 $25,000 2. Preparedness TrainingServices Travel Supplies Tuition for higher education Other items Allowable LETP Training Costs . Quantity Unit Cost Total Cost Establishment / Enhancement of Fusion Centers Participation in DHS approved intelligence analyst training Participation in up to three non-FEMA approved intelligence analyst training A complete list of FEMA approved courses may be found at www.oio.usdpj.gov/FEMA/docs/Eliciible Federal Courses.odf o eEe s momge un r f os oM. Design, Develop, Conduct and Evaluate an Exercise ma conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel- and exercise plan development. Full or Part -Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise -related activities. Payment of salaries an .n gft�tP.II4�t u 11oi0nryv2rSt3ns-,--'JhB�OJ1S E Pf -- - _._�— _ ------ -• the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractorslconsultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. 1 1. Communications Exercise Services $20'ODO $30,000 $20,000 2. Preparedness Exercise Services 1 $132 00 $30,000 3. Catastrophic Disaster Full Scale Exercise 1 $132,121 12 $75,000 4. Regional Exercises (Split btw. P, T & E) 1 $50,000 $132,121 5. Regional Communications Exercises (Split btw. P,T, & E) 1 $20000 $50,000 6. Regional NIMS/NRF Exercises (Split btw. P, T & E) , $20,000 Overtime and backfill costs — Overtime and backfiil costs, inducting expenses for part-time and volunteer emergency response personnel participating In FEMA exercises Implementation of HSEEP Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained In the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http://www.oir).usdoj.00v/F[nGuide. Supplies - Supplies are Items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non -sterile masks, and disposable protective equipment). 19 Other items These costs indude'the rental of space/locations for exercise planning and conduct, exercise signs, badges, etc, Allowable LETP Exercise Costs Quantity Unit Cost Total Cost Exercises to evaluate the effectiveness of information sharing plans, policies, procedures, and protocols Exercises to evaluate NIMS implementation. This includes costs associated with exercising components of the NIMS National Credentialing Framework Exercises to evaluate facility and/or vessel security protection Exercises to evaluate area maritime security protection Exercises to evaluate threat recognition capabilities Exercises -to evaluate cyber security capabilities Exercises to evaluate agricultural/food security capabilities Exercises to evaluate prevention readiness and techni ues "Red Team" (force on force) exercises Interoperable communications exercises Critical infrastructure vulnerability, protection, and/or attack exercises Eligible Equipment Acwlsition'Costs The table below -highlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment .categories, and specific equipment eligible under each category, can be found on the web -based Authorized Equlpmeht List at: Quantity Unit Cost Total Cost ,.http:/Avww.rkb.us Click on'Authonied Equipment List (AEL) ..If you wish to purchase'a piece of equipment from any.category below,' then, m the space given' iefoW that category;,put the AEL :." number" and."title" -4 3 I if #n7 PIN, protedii+;aegl]ip�n�e t o Ft r� r (t d+ (r1 t n p r � �,.1?'ersonel s, rr y , J+ s a t r�<"t'19:u�.4+1`..�.�-1:.9�.+t.�li;"��?K. 1. PPE Proximity Fire Fighting (AEL #01PC-01-ENSM) 1 $220,000 1220,000 2. Hatch Gear (AEL #01 LE-02-PRPD) 1 $16,000 $16,000 3. Self -Contained Breathing Apparatus (SCBA) 1 $68,420 $68,420 (AEL#01WA-01-SCBA) 1 $50.000 $50,000 4. Self -Contained Breathing Apparatus (AEL #01WA-0 1 -SCBA) %.§a,?'ix: v ,,, �... _ � - "tcai.: ,: q,. ,.• ,C• - !27 r fG? ":°e7;'I fx f aFr >tf`"rCd;+,✓le'yy.. :;,^_gm•;j'` .. ,i-y�� .... R ti Y. •i,, i b fJl t 1x : n ? f !$ , �rS'��,k o�" �lMdn rfi rrJit, , tv »t �t -�'a ! � f ,c :1v��},r••�t R„�'i'T� rti,�r i.,;,.�,7lfi�I� i �G;�"Y 'it t` 1'If.V'+7,�„... N,s h'Y.''.�'Sl. Ord".� f' oil! t:•6 51!',li:.,flT'tt-ii:r.:t.?+.,.�hr.c:J1Cl1 > 7 r, vi 5. +.�..n3 ? v r r^ ,rr ... fd. , 1'x 1. Remote camera system, command post, VP►d/intemet-based AEL 002EX-00-PBIE 1 $7,000 $7,000 i .>:Yy'-. �rRr.}"/Y.SSt• •�'Kf If. '11'it`1.�, ••.''.• _I•v •�:.y*:.Jin is .t J_",:ly.�,S'+f":�:i[: '-).3t "I'":iYfr�1,:T:1..,.t, n. �l:'r 1. Ballistic Vests (AEL#030E-01-VSTO) 2.. Tactical Rescue Team Cache and Transport (AEL #03SR-02- 1 $22,000 $22,000 TLHN, 03SR-01-COMP, 03SR-02-TPGS, 03SR-03-KMON, 1 $120,000 $120,000 030E-05-ROPH, 030E-05-ROPS, 030E-05-HARN, 03SR-01- 1 $14,000 $14,000 ABAG) 3. PPE for Police Response to CBRNE — Tactical Carrier Vests 1 1 $7,390 $7,390 (AEL#030E-01-VSTO) 1 $1,000 $1,000 4. Night Vision Monoculars (2) (AEL #030E-02-BNOC) 1 $151,367 $151,367 5. Non -Magnetic Tool Comprehensive (Bomb) 1 $9,106 $9,106 (AEL #030E-04-KTTL) $6,500 $6,500 6. Base Bomb Response Robot AEL #030E-07-ROBT Rol --.----7-.--Stabilized-Day/Night-SinoeulerjAEL-#430E-02-BNOC)-.----- 8. SWAT Robotics AEL #030E-07-ROBT Informalon technology 1. EOC Enhancements (AEL#04SN-01-XMIT, 04MD-03-DISP) 2. FreView Mapping Tool (AEL#D4AP-03-GISS) 3. Global Positioning System, eye link camera system (AEL#04AP-02-DGPS) 4. Equipment Tracking and Inventory Software (AEL #04AP-07-INVN) 1 $190,000 ' $190,000 5. Automatic Vehicle Locators for Police Fleet 1 $60,000 $60,000 (AEL#D4AP-02-AVLS) 1 $52,844 $52,844 6. Fire Service Intelligence Enterprise (AEL #D4MD-02-PROJ, 1 $1,000 $1,000 04MD-03-DISP, 04MD-01-CMRA, 04HW-01-HHCD, 04HW- 1 $50,000 $50,000 01-INHW) 1 $166,200 $166,200 7. Countywide Public Notification System Enhancements 1 $200,000 $200,000 (AEL#04AP-09-ALRT) 1 $205,000 $205,000 8. Regional Public Alert and Notification System 1 $136.637 $136,637 Enhancements/Sustainment(AEL #04AP-09-ALRT) 1 $30,0D0 $30.000 9. Emergency Command, .Control and Collaboration System .. 1 _$9,196 . $9,196 . . Hardware and Software (AEL#04HW-01-INHW) 1 $72,000 $72,000 10. Conducting Assessments (AEL#04AP-05-CDSS) 1 $280.000 $280,000 11. Conducting Assessments (AEL#04AP-08-SIMS) 1 $150,000 $150,000 12. Mobile Data Computer AEL #04HW-01-MOBL 2 000 $2.000 13. Enhance Interoperable Communications - Mobile Data 1 $12,000 $12,000 Terminals (AEL #04HW-01-MOBL) 14. Interoperable Communications -System, Dispatch, Computer Aided (AEL #04AP-01-CADS) 15. Plotter for Mobile Command Unit (AEL #04AP-03-GISS) 16. Maintain and Sustain WeatherBug (AEL#04SN-01-XMIT) Cybersecugly-enhanr ment es�iiipment= •- -- _ _ , Interp ereb 8 ooirtt7llrri"capons ui e t p: I I, �4 lxn 1. Emergency Response Unit - Mobile Repeater System (AEL #06CP-01-REPT) 2- Interoperable Communications Systems (AEL #06CP-03-PRAC) 1 $11,556 $11,556 3. Interoperable Communications (AEL #06CP-01-MOBL, 1 $140,000 $140,000 06CP-03-PRAC,06CP-03-TOWR) 1 $120,000 $120,000 4. BIM Interoperable Equipment (AEL#06CP-02-BRDG) 1 $50,000 $50,000 S. Helicopter Downlink (AEL #06CP-02-BRDG) 1 $10,000 $10,000 6. Maintain and Sustain Blackberries Service 8 Hardware 1 $77,0D0 $77,000 (AEL# 06CC-01,CELL) 1 $33,D00 -433,000 7. Maintain and Sustain Satellite Phones (AEL #06CC-03-SATM) 8. Maintain and Sustain AM Radio Prime Mover (AEL #06CP-01-PORT) 9. TacPack Maintenance and Sustalnment (AEL#06CC-02-OSAD) 1 $2,100 $2.100 10. Mobile Satellite Technology for OEM (AEL#06CC-03-SATM) 1 $000 $14,000 11. Surrey Command Center for ID Unit (AEL #05CC-02-DSAD) 1 $10,000 $10.000 12. Secure, locally hosted EOC web/telephone conferencing 1 $64,603 $64,603 system (AEL#06CP-05-BRAC) 1 $248'777 $248,777 13. Satellite Dade System Command Post Operability i $55,639 $55,639 (AEL #06CC-04-EQSD) 1 $14,000 $14.000 14. VOIP System and router for VPN communications in 1 $5,000 $5,000 command post, video output device (AEL # 06CC-04-EQSD) 15. Lighting, portable area Illumination to complement housing for response forces (AEL #06CP-05-VCON) y<.¢.,� �,... i9'ri6i.-. H! :?r< �w }: ....•x.;•,,. , _ .•._. _.I 5••,f._. -.•t :•.,- -a�-• Ni r ti r t itift '9"' ♦'7t��' �rtl�r yir._•a ';5� 1 t Fd� i t L'c�k ?- S s N. i� tY.� ;' % i iar °• �a 2Y �4p i! s. - s:li:.:i?�rrc kY: '�`��-' b�T Jlt.:•.7., 5 - x - ..1 .Q r� ',. ?. a s..a ,.,4 . : ic. t.. C tt., jY a 1. Radiological Detection Equipment (AEL #07RD-01-PDGA) 1 $200,000 $200,000 %.- `` K - Fd lit• +. ifint j - a i-a�.' - t C'tn ?5 a :x fc'i rr x '�•'1r . r,� f S' ±�t �,' ri .� Y� �""F' r9.1'7t-4 rr. r([1 e: r..:.s:• r-. it . }. b:Y: � !`f, /'liw,jf'�irel r.,�•lY�- .1 1` � :f ..iJ t�+�.[..i,1 r..st�i-. �•i... il.J s�-r�.f7'- 1 aaii T ! �i�.1 itk 21 e01rca11 �vppttes-'(ttsGP-an 1. Enhance Mortuary Disaster Surge Capabilities 1 $50,000 $50,000 AEL# 09ME-01-MCIK Power equipment 1. Generators for Fire -Rescue Facilities (AEL #10GE-00-GENR) 1 $100,000 $100,000 2. Emergency Electrical Generator for Fire Station #3 1 $65,000 $65,000 AEL #10GE-00-GENR CBRNE reference materials CBRNE incident response vehicles 1. CBRNE NE Equipment Vetrdes.(AE.L #12VE-00-MISS) 1 8 $0,000 $80;000 2. Sustainment and Enhancement of Command Vehicle 1 $ 60.000 0,000 $$60,0000 (AEL#12VE-00-CMDV) 1 $ 0.0000 3. Special Mission CBRNE Vehicle AEL#12VE-00-MISS Terrorism incidentpreven bon equipment 1. Homeland Security Intelligence Sharing (AEL 013IT-00-INTL) 1 $180,000 $180,000 _.2... -Homeland.SecuritySurvaillanceP.roject .-.._._.. •... _ $115,200' $115,200 AEL#13LE-00-SUR Physical. securlty enhancement equipment 1. Strengthen Infrastructure Protection (AEL#14SW-01-VIDA) Z. r e Min - - 3. CCTV Project- Miami Marinas (AEL#14SW-01-VIDA) 1 $52.759 $52,759 4. CCTV Project-MPD(AEL# 14SW-01-VIDA) 1 $75.000 $75,000 5. North Beach Water tank/Perimeter Fence Security System 1 $40,000 $40,000 (AEL#14SW-01-WALL) 1 $50,000 $50.000 6. Forensic Video Enhancements Equipment Project (AEL #14SW-01-VIDA) 1 $85.000 $85,000 -Bomb-Rspasal-14f+it 4'4EX-G"C-AN 1-7"oe -•-V-7e,8e0 8. Regional Maritime Radar and Patrol Vessel Tracking to 1 $275,OD0 $275,000 Support Intemational Border and Waterway Security 1 $1,010.300 $1,010,300 (AEL#14SW-02-RADR) 1 $75,000 $75,000 9. Application Server Rack (AEL #14C1-00-COOP) r fnspecbon:and Screening systems 1. X-Ray System (AEL#15IN-00-XRAY) 1 $63,190 $53,190 A deulture7etigris)ft.Areverl6on;:•Res se;at]d; iiiJatigrt€gUipm lt;,(}iSGPo '� I° .0 5 P }° !4 r l:',fr I ay � ,+tr y3t??; �F:�f'.i'!.�xexF f `• ,Y3.1�. a,,, , 67 JG1Rt>iE Responsf"Okrftage £ :. 4. k . Ft yY {I N Y y i`. r -..v,: M„ .,..., 3:• <r ..,I '..K�� ;i ,, k. +:� +ti.. .l.'ry %r r `?` rfvG.aw. 1. ,a....�.( ..... .,:�5• 1. Marine CBRNE Response Equipment (AEL#17WC-00-BOAT) 1 $100.000 $100,000 2. Rigged Hull Inflatable Boat RHIB (AEL #17WC-00-BOAT) 1 $150,000 $150,000 Two28' Safe Boats (A�ELp#17WC-00-BOAT) 1 $2x20,380 �yr�3. ( ,($220,380 l Dili d �.I�� Nl �� arrtt 1FF_i I ++rrl .di t 4 t !1 {.t M�1 t b✓A}}} K�lI++� s"�� j,(i 7tl ul�ll ( 21 "liB AYE itjj U�(+(�� , ril(y�rbe t 7 JV/ �.f i� '.R _;f r�.', L.• :-Y)yr*�..2.`.it.�.it i ua, }- .7,I.i3J.5r. }++,rt'i, w4 _NT::e•'4-: T�t, .G:'Yy:! f„jii;•�dxji,�.. ./T ..,roWvrS'.Irr<•�1�.'�Yfv=Ll+.'��..51.ij�li�..',I:�i�^-l':.T >CBr rl� 'lsutaf yay�pm cif ,,� � z1' � r„ t �ii � 0_4 n ! � �, , r:Ti•.;C y.w 1?"5,.:4� �E.,. ,i .f ln�Vh'SS-.-x{�I=J7:F...: �t.. �.:..t' � .:F.F. t;. �v .Y 3�`J•..'��� ' r G , �i. r,..^ � c 1. incident Management System Base Quick Deploy Tent/Shelter System (AEL #1 9SS-00-SH EL) 2. Servers, to be located at Miami -Dade Regional Dispatch for 1 $199,200 $199,200 Monroe (AEL # 19GN-OD-HSSF, 19SS-00-SHEL, 19SS-00- 1 $35,000 $35,000 SHEN) 1 $20,000 $20,000 3. Housing for Response Forces, rapidly deployable shelters AEL #19SS-00-SHEL p J( i- 1 4�1 t i�0. /ry. .*t_ •� 1( 't [ ti V U x�ln1',.�i?Qn a y �f1y r P('erJt pG1s Y t=: L lS� s �•2J 1. jSa,•Y t'lti F y 7.tj•,.11y, P; _ J.,'E r ; t, i+ 4 rr,, i ('aa 1. .. J...Ai .x-•�,•�(ivb r.[ .151. .KS h.: .{,... Lii-.. _S•'Y. ':Fil t c,)'^4 {. 1. 1. SWAT Response Equipment to Include Entry (AEL#20TE-00-NTRY) 1 $57,000 $57,000 R ate ``fin ? Ppf emgg bi cle ib R fort 3hl us n Yurtd er>s Es 1'dr `t:.F 22 ---1---Maintenance•and-SustainmentCBRNE-Equipment--- — — — —--- -- --- (AEL#21GN-00-MAIN) 2. Maintain and Sustain UASI Equipment (AEL #21GN-00-Main) 1 $50,000 $50.000 1 $40,000 $40,000 Up to 50 percent of total program funds may be used for personnel and personnel -related activities Etiglbie Maria�+tnent'anr� AdmfnistraHon Casts ^` ' * << r w Hiring of full-time or part-time staff or contractorsiconsultants: • To assist with the management offihe FY2009 SHSGP • To assist with application requirements and the implementation of the FY 2009 SHSGP • To assist with the compliancy with reporting and data collection as It may relate to the FY 2009 SHSGP • Meeting compliance with reporting/data collection requirements, including data calls. I. Management and Administration 1 $291,253 $291,253 2. Mana ement and Administration — Miami UASI Travel 1 $30,000 $30,000 processing necessary to respond to DHS/FEMA data calls. Overtime and backfill costs — Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA — approved activities. Backfiil Costs also called 'Overtime as Backfill' are defined as expenses from the result of personnel who are working overtime in epWim4em-+44e-duties eNHWSORRePM ui -we4eRipararily--- -- — assigned to FEMA — approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full — Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting related expenses (For a complete list of allowable meeting - related expenses, please review the OJP Financial Guide at httpJ/www.ojp.usdoj.gov/FlnGuide). Acquisition of authorized office equipment, Including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the Implementation of the homeland security strategy. The following are allowable only within the contract period: • Recurring few/charges associated with certain equipment, such as cell phones, faxes, etc. • Leasing and/or renting of space for newly hired personnel to administer programs within FY09 SHSGP. TOTAL $10,708.461 23 —ft.--Scope-of -Work-- Funding is provided to perform eligible activities as identified in the Fiscal Year 2009 Urban Area Security Initiative (UASI) Grant Program, consistent with the Department of Homeland Security State Strategy and the Urban Area Strategy. Eligible activities are outlined in the Scope of Work for each category below. Categories and Eligible Activities Urban Area Security initiative FY2009 UASI allowable costs are divided into the following categories: planning, organization, equipment, training, exercises, management and administration cost are allowable cost. Up to 25°%of UASI funds must be dedicated towards law enforcement terrorism prevention -oriented planning, organization, training, exercise and equipment activities. Each categoryes allowable costs have been listed in the'Budget Detail Worksheet' above. A_ Planning Developing scenario plans that incorporate the range of prevention, protection, response, and recovery _activities fora scenario Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: • Implementing the National Preparedness Guidelines • Enhancing and implementing Statewide Communication interoperability Plans (SCIP) and Tactical interoperable Communications Plans (TICP) • Aligning SCIPs and TICPs to the goals and objectives of the National Emergency Communications Plan (NECP) • Costs associated with the adoption, implementation and adherence to NIMS compliance requirements, • Modifying existing incident management and EOPs to ensure proper alignment with the NRF coordinating structures, processes, and protocols • Establishing or enhancing mutual aid agreements • Developing communications and interoperability protocols and solutions • Conducting local, regional, and Tribal program implementation meetings • Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIMS Integration Center (NIC) • Designing State and local geospalial data systems • Conducting public education and outreach campaigns, including promoting individual, family and business emergency preparedness; alerts and warnings education; and evacuation plans as well as IED or bombing prevention awareness • Preparing materials for the State Preparedness Report (SPR) Developing related terrorism prevention activities including: • Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center • Hiring an IT specialist to plan, develop, and implement the IT applications necessary for a fusion center • Developing and planning for informatioh/intelligonce sharing groups • Hiring contractors and consultants to make recommendations on the development of a fusion center • Integrating and coordinating public health care and health security data gathering (threats to human and animal health) within State and local fusion centers to achieve early warning and mitigation of health events • Integrating and coordinating private sector participation with fusion center activities • Acquiring systems allowing connectivity to State, local, and Federal data networks, such as the National Crime Information Center (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate • Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery • Multi -discipline preparation across first responder community, including EMS for response to catastrophic events and acts of terrorism • Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils • 'Citizen Corps volunteer programs and other activities to strengthen citizen participation • Conducting public education campaigns, including promoting individual, family and business emergency preparedness; promoting the Ready campaign; and/or creating State, regional or local emergency preparedness efforts that build upon the Ready campaign 24 OlP se",ityegvipmentand/orpersonnelregrrirements toprotect-andsecore•sites--•------ • CIP cost assessments, including resources (e.g., financial, personnel) required for security enhancements/deployments • Multi -Jurisdiction Bombing Prevention Plans (MJBPP) • Underwater Terrorist Protection Plans Developing and enhancing plans and protocols, including but not limited to: • Developing or enhancing EOPs and operating procedures • Developing or enhancing local, regional, or Statewide strategic or tactical interoperable emergency communications plans • Implementing Statewide Communication Interoperability Plans (SCIP) and Tactical Interoperabie _.__ .--..----•-- _--Communications Planssfl..___—_� • Aligning SCIPs and TICPs to the goals and objectives of the NECP • Developing protocols or standard operating procedures for specialized teams to incorporate the use of equipment acquired through this grant program • Developing terrorism prevention/deterrence plans • Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies --Deveioping•or•enhancing-border security plans _- • Developing or enhancing cyber security plans Developing or enhancing secondary health screening protocols at major points of entry (air, rail, port) • Developing or enhancing cyber risk mitigation plans _. evel • Developing publiclprivate sector partnership emergency response, assessment, and resource sharing plans • Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sector/non-governmental entities working to meet the human service response and recovery needs of victims • Developing or updating local or regional communications plans — - — ---•— i3enloping•plansto&support-ndassisotiiisdictiorts,-stich-as O—audiodfies andia+-and-nms-tiransit .- - --- agencies • Developing or enhancing continuity of operations and continuity of govemment plans • Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRF • Developing or enhancing evacuation plans • Developing or enhancing citizen surge capacity • Developing or enhancing plans for donations and volunteer management and the engagementrintegration of private sector/non-governmental entities in preparedness, response, and recovery activities • Developing or enhancing Bombing Prevention Plans • Developing school preparedness plans • Ensuririg jurisdiction EOPs adequately address warnings, emergency public information, evacuation, sheltering, mass care, resource management from non -governmental sources, unaffiliated volunteer and donations management, and volunteer resource integration to support each Em ergency. Support Function, to include appropriate considerations for special needs populations • Developing and Implementing civil rights, civil liberties and privacy policies, procedures, and protocols • Designing and developing State and local geospatial data systems Developing or conducting assessments, Including but not limited to: • Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans • Conducting or updating Interoperabie emergency communications capabilities assessments at the local, regional, or Statewide level • Developing border security operations plans In coordination with CBP • Developing, Implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas • Updating and refining threat matrices • Conducting cyber risk and vulnerability assessments • Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by exis*V local and State resources • Conducting Bombing Prevention Capability Analysts • Activities that directly support the Identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e.g. law enforcement, fire, EMS, public health, behavioral health, public works, agriculture, information technology, and citizen preparedness) • Activities that directly support the identification of pre -designated temporary housing sites 25 —•---Condacfing-commaHty-assessm$nts-surveys,and-research-ofvuinerabilides-and-reseurceTieeds;-and determine citizen education and participation to meet the needs • Conducting Citizen Corps program assessments and evaluations, citizen preparedness surveys. volunteer impact studies, and cost/benefit analysis • Soft target security planning (public gatherings) • Participating in the FEMA Gap Analysis Program Hiring of full or part-time staff or contractors/consultants to assist with planning activities • Grantees cannot use funding to hire public safety personnel fulfilling traditional public safety duties. Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill • Payment of overtime expenses will be for work performed by award (SAA) or sub -award employees in _ .. excess -of the.estabiished murk week (usua)ly_4.0 hours).related tq the.planning activities for the development and implementation of the programs under HSGP. (IAW operational Cost Guidance) Other project areas with prior approval from FEMA B. Organizational Activities - Urban Areas are allowed up to 50 percent of their tunding for Organizational activities. Section 2008 of the Homeland Security Act, as amended by the 9/11 Act, includes the following allowable activities: • Responding to an increase In the threat level under the Homeland Security Advisory System, or ----_needsxesultiag_Lom a Natin-1AptPc:1at Securilv.F.vant • Establishing, enhancing, and staffing State, local, and regional fusion centers • Paying salaries and benefits for personnel to serve as qualified intelligence analysts Overtime Costs — Overtime costs are allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security and specifically requested by a Federal agency. Allowable costs are limited to overtime associated with Federally requested participation in eligible fusion activities including anti -terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by the Maritime Transportation Security Act of 2D02), DHS Border Enforcement Security Task Forces, and Integrated Border Enforcement Teams. Under no circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal source. Intelligence Analysts — Per the Personnel Reimbursement for intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412), SHSP and UASI funds may be used to hire new staff and/or contractor positions to serve as intelligence analysts to enable informationlintelligence sharing capabilities, as well as support existing intelligence analysts previously covered by SHSP or UASI funding. In order to be hired as an Intelligence analyst, staff and/or contractor personnel must meet at least one of the following criteria: • Successfully complete training to ensure baseline proficiency in Intelligence analysis and production within six months of being hired; and/or, • Previously served as an intelligence analyst for a minimum of two years either in a Federal intelligence agency, the military, or State and/or local law enforcement intelligence unit All intelligence analyst training should be In accordance with Global's Minimum Criminal intelligence Training Standards for Law Enforcement and Other Criminal Jusuce Agencies In the United States, which outlines the minimum categories of training needed for intelligence analysts. These include subject -matter expertise, analytic methodologies, customer- service ethics, information handling and processing skills, critical thinking skills, computer literacy, and objectivity and intellectual honesty. A certificate of completion of such training must be on file with the SAA and must be made available to FEMA Program Analysts upon request. Operational Overtime Costs - in support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism, operational overtime costs are allowable for increased security measures at critical infrastructure sites during DHS-declared periods of Orange or Red threat 26 -----•— —levels-6ubject-to-these-Nevated-threstieve4-c n itiom, F*2909-SHSPLw-{4ASI3unds-for -- -------- organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastructure sites in the following authorized categories: • Backfill and overtime expenses (as defined in this guidance) for staffing State or local fusion centers • _Hiring of contracted security for critical infrastructure sites • Public safety overtime (as defined in this guidance) • National Guard deployments to protect critical Infrastructure sites, including all resources that are part of the standard National Guard deployment package • Increased border security activities in coordination with US Customs and Border Protection (CBP) Consumable costs, such as ue expenses, a're not allowed except as part of t e standard Natwnaf --- '-' " ' " Guard deployment package. C. Equipment Acquisition The.allowable prevention protection,, rtsponge, and recovery. equipment categories and equipment .. standards for FY 2009 HSGP are listed on the web -based version of the Authorized Equipment List (AEL) on the Responder Knowledge Base (RKB), at httns.•//www.rkb.us. Unless otherwise stated, equipment must meet all mandatory regulatory and/or DHS-adopted standards to be eligible for purchase using these funds. In addition, agencies will e responsible for obtaining an maintaining all necessary certifications and licenses for the requested equipment D. Training Allowable training -related costs include, but are not limited to, the following: • Funds used to develop, deliver, and evaluate training, including costs related to administering the training, planning, scheduling, facilities. materials and supplies, reprou on of materials, and equipment. Overtime and Backfill costs, as defined in this guidance, associated with attending or teaching FEMA-sponsored and/or approved training courses and programs are allowed. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from both their unit or agency of government AND from an award for a single period of time (e.g.,.1:00 pm to 5:00 pm), even though such work may benefit both activities. Further, overtime costs associated with employees who participate in training In a teaching role for which they are compensated are not allowed. • Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part -Time Staff or Contractors/Consultants to support training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the State or units) of local government and have the approval of the State or awarding agency, whichever is applicable. Such costs must be included within the funding allowed for program management personnel expenses, which must not exceed 15 percent of the total allocation as specified in section E.6. In no case is dual compensation allowable (see above). • Certification/Recertification of Instructors is an allowable cost States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student leaming. This is particularly Important for those courses that involve training of trainers. This Information is contained in a Information Bulletin #193, issued October 20, 2005. Training Activities States, territories, and Urban Areas are strongly encouraged to use HSGP funds to develop a Statelterritory homeland security training program. Allowable training related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP, UASI, MMRS, and CCP grant programs. Allowable training topics include, but are not limited to, CBRNE terrorism, cyber/agrfculturetfood security, intelligence gathering and analysis, NIMS related training, citizen and community preparedness, and training for volunteers. Training conducted using HSGP funds should address a performance gap Identified through an After Action Report/Improvement Plan (AAR/IP) or contribute to building a capability 27 --------- ----4hat•will bee vaiaaled3hrough-eRexefeise-Exeroises•shot be-used-4o•provide•the•opp rAunky to demonstrate and validate skills learned in training, as well as to identify training gaps. Any training or training gaps should be identified in the AAR/IP and addressed in the State or Urban Area training cycle. All training and exercises conducted with HSGP funds should support the development and testing of the jurisdiction's Emergency Operations Plan (EOP) or specific annexes, where applicable. E. Exercises All Urban Areas are required to conduct an annual Training and Exercise Plan Workshop (t'&EPW). A Multi -year Training and Exercise Plan must be produced from the T&EPW and submitted to the State's respective Exercise Manager. This plan must be updated annually. The Training and Exercise Plan will include the State's training and exercise priorities, associated capabilities, and a multi -year training and exercise schedule. All scheduled exercises must be entered through the National Exercise Schedule - - -------- fNEXS) Application,-whichisiocated on-the-HSE-EPwebsite.-A-template-of-the-Multi-yeariraining-and-_- ---- - • •- _-. Exercise Plan can be found in HSEEP Volume guidance and on the HSEEP website (https.//hseep.gov) under the Sample Exercise Documents section. Urban Areas are encouraged to use exercises as an opportunity to meet the requirements of multiple exercise programs. To this end, grantees are encouraged to invite representatives/planners involved with other Federally mandated or private exercise activities. Urban Areas are encouraged to share, at a -" minimutrt;'the rhul6-ydarWrfirig-' and 6'xercise s'dffedule Wthlhose departmiertls; agencies, and organizations included in the plan. Further guidance concerning Training and Exercise Plan workshops can be found in the HSEEP volumes. 4- Funds Used to Design, Develop, Conduct and Evaluate an Exercise - Includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. .L Hiring of Full or Part -Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise -related activities. Such costs must be included within the . _ fi,ndinn alloVied inr.ixM es,A&ftcb mustiaotexce:ed.15 percent of the total allocation. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) - whichever is more stringent - must be followed. in no case is dulil compensation allowable. -41. Overtime and Backrrll - Overtime and backfill costs associated with the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case Is dual comoernsation allowable (see above). 4- Travel - Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise project(s). -L Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise projects) (e.g., copying paper, gloves, tape, non - sterile masks, and disposable protective equipment). 41. Other Items -These costs include the rental of spacellocations for exercise planning and conduct, rental of equipment (e.g., portable toilets, tents), food, refreshments, gasoline, exercise signs, badges, etc. Unauthorized exercise -related costs include: ii, Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). 4 Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs). Exercise Scenarios. The scenarios used in HSGP-funded exercises must be based on the State's/Urban Area's Homeland Security Strategy and plans. Acceptable scenarios for SHSP, UASI, MMRS, and CCP exercises include: chemical, biological, radiological, nuclear, explosive, cyber, agricultural and natural or technological disasters. Exercise scenarios must be catastrophic in scope and size, as defined by the National Response Framework. The scenarios used in HSGP-funded exercises must focus on validating existing capabilities and must be large enough in scope and size to exercise multiple tasks and warrant Involvement from multiple jurisdictions and disciplines and nongovernmental organizations. Exercise scenarios should also be based on the Multiyear Training and Exercise Plan. Models, Simulations and Games (MS&G). Grantees who wish to expend funds on models, simulations, or games (MS&G) must consult with Review of Models, Simulations, and Games for Domestic Preparedness Training and Exercising, Volume !(!,'which provides an overview and analysis of existing models, simulations, and games. Grantees can also consult with the MS&G 28 -------------•----9ecisionlSupport-System; which•autometes-the-eforementioned•reportinto-e-searehable•database.- --•-•- Both the report and system are available through the HSEEP website. Special Event Planning. If a Urban Area will be hosting an upcoming special event (e.g., Super Bowl, G-8 Summit); they anticipate participating in a Tier 2 National -Level Exercise as defined by the National Exercise Program Implementation Plan (NEP I -Plan): or they anticipate that they will apply to be a venue for a Tier 1 National -Level Exercise, as defined by the I -Plan, they should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for that event States and Urban Areas should also consider exercises at major venues (e.g., arenas, convention centers) that focus on evacuations, communications, and command and control. States should also anticipate participating in at least one Regional Exercise annually. States must include all confirmed or planned special events in the Multi -year Training and Exercise Plan. '-- — - '-- - -- "Exercise Evaluatlor..-MI-exercises'will-beperformance"based and evaluated: An i4 ter-Actlon - - --- Report/Improvement Plan (AAR/iP) must be prepared and submitted to FDEM, following every exercise, regardless of type or scope. AAR/IPs must conform to the HSEEP format, should capture objective data pertaining to exercise conduct, and must be developed based on information gathered through Exercise Evaluation Guides (EEGs) found in HSEEP Volume IV. All applicants are encouraged to use the Lessons Learned Information Sharing System (LLIS.gov) as a source for lessons learned and to exchange best practices. Self -Sustaining Exercise Programs. Urban Areas are expected to develop a self sustaining exercise program. A self-sustaining exercise program is one that is successfully able to implement, maintain, and oversee the Multi -year Training and Exercise Plan, including the development and development and delivery of exercises, and build upon existing plans, training, and equipment Role of Non -Governmental Entities in Exercises. Non -governmental participation In all levels of -' exercises is strongly encouraged. Leaders from nongovernmental entities should be included in the planning, conduct, and evaluation of an exercise. State and local jurisdictions are encouraged to develop exercises that test the integration and use of non -governmental resources provided by ----RGngevemmeatal-entities,-definedas4he,prMilesector=and-pdvate.non-profit,.faith based, community, volunteer and other non -governmental organizations. Nongovernmental participation in exercises should be coordinated with the local Citizen Corps Council(s). Personnel Personnel hiring, overtime, and backfill expenses are permitted under this grant in order to perform allowable FY 2009 HSGP planning, training, exercise, and equipment activities. A personnel cap of up to 50 percent of total program funds may be used for personnel and personnel -related activities. Additional information can be found in your FY 2009 grant guidance. Activities that are considered "personnel" and "personnel -related", and therefore count against the personnel cap of 50 percent include, but are not limited to: • Operational overtime • Overtime/backfill to participate in approved training or exercise deliveries • Salaries and personnel costs of intelligence analysts • Overtime to participate in intelligence sharing activities • Salaries and personnel costs of planners, equipment managers, exercise coordinators, and/or training coordinators • Salaries and personnel costs under the M&A category • Contractor costs associated with performing the above activities G. Management and Administration - no more than 3% of each sub -recipient's total award may be expended on Management and Administration costs. Hiring of full-time or part-time staff or contractors/consultants: • To assist with the management of the respective grant program • To assist with application requirements • To assist with the compliancy with reporting and data collection requirements Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls Overtime and backfiil costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA - approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who 29 are-temporarity-assignedtoF MA=-apprwedactivibesvutside-theirtivre-responsibilities-Neither-- overtime nor backfill expenses are the result of an increase of Full — Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. in no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting -related expenses (For a complete list of allowable meeting -related expenses, please __ __. _ __ _---------.-.-----re�neWZKe OJP Finti7tciai•GUide atji'tto�/w��- �id.�7s8oi:oovlFiriGutdej:". _- "---"---- •------- - - --'-- -�---- -- -- - Acquisition of authorized office equipment The following are allowable only within the period of performance of the contract: • Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. _ _ _Leasing and/or renting of space for newly hi red personnel during. the. period,of.performance of the grant program H. Construction and Renovation Use of HSGP funds for construction and renovation is generally prohibited except as outlined below. Such construction and renovation shall e strictly limitedand allowable only when it is a necessary component o a security system at critical infrastructure facilities. Project construction and renovation not exceeding $1,000,000 is allowable, as deemed necessary. The following types of projects are considered to constitute construction or renovation, and must be submitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirements prior to Initiation of the project • Construction and renovation of guard facilities • Renovation of and modifications, including the installation of security and communication equipment, to buildings and structures that are 50 years old or older • Any other construction or renovation efforts that change or expand the footprint of a facility or structure, including security enhancements to improve perimeter security. • Physical security enhancements, Including but not limited to: o Lighting o Fencing o Closed-circuit television (CCTV) systems o Motion detection systems a Barriers, doors, gates and related security enhancements In addition, the erection of communications towers that are included In a jurisdiction's interoperable communications plan is allowed, subject to all applicable laws, regulations, and licensing prrlvjsfons. Communication tower projects must be submitted to FEM.4 for EHP review. Per the Consof7dated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (Public Law 110-329), communications towers are not subject to the$ 1, 000, 000 construction and renovation cap. Approval Process: In order for grantees to drawdown funds for construction and renovation costs, the grantee must provide the Division with: • A description of the asset or facility, asset location, whether the infrastructure is publicly or privately owned, and the construction or renovation project; • Certification that a facility vulnerability assessment has been conducted • An outline addressing how the construction or renovation project will address the Identified vulnerabilities from the assessment • Consequences of not implementing the construction or renovation project • Any additional information requested by FEMA to ensure compliance with Federal environmental and historic preservation requirements Additional Information may also be found on the FEMA's website located at htta://www.fema.00v/ylan/ehn/. Note: Written approval must be provided by FEMA prior to the use of any UASI funds for construction or renovation. Overtime and Backfill Guidance Overtime. Expenses incurred by those personnel who, as a result of FEMA-approved activities, are performing over and above their normal, scheduled work hours or work week. Backfill-related overtime. Expenses incurred by those personnel who are working over and above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who are temporarily assigned to FEMA-approved activities outside their core responsibilities. The OJP OC does not distinguish between Overtime and Overtime as Backfill — they are both viewed as overtime regardless of whether the individual has performed more hours in their normally assigned place of duty or if the overtime accrued as a result of being re -assigned to a different place of duty. Overtime and backfill do not result in an increase of full-time employees (FTEs). Allowable Planning, Training, and Exercise Cost Specific to Law Enforcement Terrorism Prevention (LETP)-oriented Activities. Up to 25% of UASI funds must be dedicated towards law enforcement terrorism prevention -oriented planning, organization, training, exercise and equipment activities. J. LETP Planning Activities: *C-- C&idudtirig'Wnl vuliierabIIity analyses and assessments - 4. Soft target security planning (public gatherings) 4 Developing border security operations plans in coordination with CBP a Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, 4 Updating and refining threat matrices 44 Integrating and coordinating private sector participation with fusion center activities 4 Developing and implementing civil rights, civil liberties and privacy policies, procedures, and -- protocols. 4 Acquiring systems allowing connectivity to State, local, and Federal data networks, such as the National Crime Information Center (NCIC) and Integrated Automated Fingerprint Identification SysWa44AFM).-asapprepriate _ +l Designing and developing State and local geospatial data systems ,L Costs associated with the adoption, implementation and adherence to NIMS compliance requirements: including implementing the NIMS National Credentialing Framework. d- Integrating and coordinating private sector participation with fusion center activities Establishment / Enhancement of Fusion Centers d• Hiring an IT specialist to plan, develop, and implement the iT applications necessary for the fusion renter 4, Developing and planning for informationfintelligence sharing groups d- Hiring contractors and consultants to make recommendations on the development of the fusion center K. LETP Training Activities: Law enforcement terrorism prevention protection -oriented funds may be used for a range of law' enforcement terrorism prevention related training activities to enhance the capabilities of State and local personnel, including the following: Establishment / Enhancement of Fusion Centers Grant funds maybe used to support intelligence analyst training in the following manners: �6 Participation in DHS approved intelligence analyst training: States wishing to develop or sponsor intelligence analyst courses for a national audience should submit courses to FEMA for review and approval in accordance with the process outlined in Parts VI and VII of the FY2008 grant guidance. The list of approved courses will be constantly updated and can be accessed in the FEMA catalog at hftn://www.ftrstresoondertainlna.aov/odp webfam . d. Limited participation in non-FEMA approved intelligence analyst training: States may send students to attend non -approved intelligence analysis courses for up to three offerings In accordance with the training process outlined in Parts VI and VII of the FY 2009 grant guidance. A certificate of completion of all intelligence analyst training must be on file with the SAA and must be made available to Preparedness Officers upon request upon the hiring of personnel. Allowable costs include training courses that focus on: • Building information sharing capacities (especially among law enforcement, nonlaw enforcement, other government agencies, and the private sector) 31 - --- - --- ; ---- T-Methodsroftargettrardemng ---- -- -- -- — --- _— — • Facility law enforcement security personnel, to include facilities, vessels and ports • CBRNE, agriculture, and cyber threats • History of terrorism and social environments contributing to threats • Surveillance and counter -surveillance techniques • Privacy, civil rights, and civil liberties regulations, policies, procedures, and protocols • Critical Infrastructure Protection training, to include identifying/assessing critical infrastructure assets. vulnerabilities, and threats • Cyber/agdculture/food security threats recognition and protective measures training • Cultural awareness training for community engagement activities and undercover operations related to terrorist organizations • Languages, such as Arabic, Urdu, or Fars[, which are spoken by known terrorists and terrorist • Joint training With other homeland security entities (e.g., U.S. Secret Service, CBP) • Use of interoperable communications equipment • Collection, analysis, mapping, integration, and dissemination of geospatial data and imagery • Geospatial database use, design, development, and management training • Volunteer participation to support law enforcement and community policing activities related to increased citizen awareness of terrorism activities, to include the Volunteers in Police Service ....-.....a .. rid NeighborhoodVllatch programs.-.. _.... ..... _.. __ .. ..... .. L. LETP Exercise Activities Law enforcement terrorism prevention protection -oriented funds may be used to design, develop, conduct; and evaluate ated e ' • Exercises to evaluate the effectiveness of information sharing plans, policies, procedures, and protocols • Exercises to evaluate NIMS implementation. This includes costs associated with exercising components of the NIMS National Credentialing Framework. • Exercises to evaluate facility and/or vessel security protection --—fxercisestoevaluatevnea-maritimesecu*Tmteeti -- • Exercises to evaluate threat recognition capabilities • Exercises to evaluate cyber security capabilities • Exercises to evaluate agricultural/food security capabilities • Exercises to evaluate prevention readiness and techniques • "Red Team" (force on force) exercises • Interoperable communications exercises • Critical infrastructure vulnerability, protection, and/or attack exercises Where practical, these exercises should involve the public sector, non -governmental partners, trained citizen volunteers, and the general public. State and local governments should work with their Citizen Corps Councils to include volunteers from programs such as Volunteers in Police Service, Neighborhood Watch, and the general public. National Incident Management System (NIMS) Compliance HSPD-5, "Management of Domestic Incidents," mandated the creation of NIMS and the National Response Plan (NRP). NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic Incidents, regardless of cause, size, or complexity. To promote interoperablllty and compatibility among Federal, State, local, and tribal capabilities, NIMS includes a core set of guidelines, standards, and protocols for command and management, preparedness, resource management, communications and Information management, supporting technologies, and management and maintenance of NIMS. The NRP, using the template established by NIMS, is an all - discipline, all -hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential Incidents of National Significance, which are major events that "require a coordinated and effective response by an appropriate combination of Federal, State, local, tribal, private sector, and nongovernmental entities." The NIMS Integration Center (NIC) recommends 38 NIMS Compliance Objectives for nongovenmental organizations that support NIMS Implementation. These activities closely parallel the implementation activities that have been required of State, territorial, tribal, and local governments since 2004 and can be found at www.fema.aoviodf/emergency/nims/noo fs.odj. To integrate nonprofit organizations into the broader national preparedness effort, DHS encourages grantees to consider pursuing these recommended activities. Additionally, nongovernmental organizations grantees and sub -grantees will be required to meet certain NIMS compliance requirements. This includes all emergency preparedness, response, and/or security personnel in the organization participating in the development, implementation, and/or operation of resources and/or activities awarded through this grant must complete training programs consistent with the NIMS National Standard Curriculum Development Guide. Minimum training 32 .-------- --includes-fS-f00-NtMS,.y4rrintroduc ion-lnaddhion, iS 900.a"iJRP:-4n intmdticbon +ncident------- --- - Command System (ICS-100), Incident Command System (ICS-200), Intermediate Incident Command System (G-300), and Advanced Incident Command System (G-400) are also recommended. For additional guidance on NIMS training, please refer to htta://www.fema.aov/emergency/nims/nims trainina.shtm. Additional information about NIMS implementation and resources for achieving compliance are available through the NIMS Integration Center (NIC), at hftoJ/www.fema.00v/emercency/nims/. III. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, June 30. September 30 and December 30) for the life of this contract. If __--W rgport(S)ls-Winquent, future -financial reimbursements will be withheld until the`" - Recipient's reporting is current. Pronrammatic Rennrtina Schedule Reporting Period Report due to DEM no later than January 1 through March 31 April 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 2. Programmatic Reporting-BSIR After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual Strategic Implementation Report In the Grants Reporting Tool (GRT) 1-December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. 3. Reimbursement Requests: A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the "Detail of Claims' form. This number can be found in the "Proposed Program Budget. A line item number is to be included for every dollar amount listed in the 'Detail of Claims' form. 3. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the contract Is either completed or the contract has expired. 4. Monitoring: Florida Division of Emergency Management US Department of Homeland Security Grants Program . Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the grant activity and items purchased. The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring the financial, programmatic and capability portion of the grant to include equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations. Monitoring is accomplished utilizing various methods including desk monitoring and on -site visits. There are two primary areas reviewed during monitoring acdviUes - financial and programmatic/capability. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. 33 Desk monitoring is defined as the review of projects, financial activity and technical assistance between the program office and the applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of the FDEM or their designee, to actually observe records, procedures and equipment. Frequency of annual monitoring activity: Each year the FDEM will identify up to 50% of sub -grantees for site visit monitoring. It is important to note that although a given grant has been closed successfully, it is still subject to either desk or on -site monitoring for a five year period following closure. Examples of areas that may be examined include: Management and administrative procedures 'Orant'foidermaintenance - _ ,-.-----•--. _.-- .._._._ - __-_-. __—__ _ -... __ ._. _ _ .__.... _. Equipment accountability and sub -hand receipt procedures Program for obsolescence Status of equipment purchases Status of training for purchased equipment Status and number of response trainings conducted to include number trained Status and number of exercises Stafus of pTarinii�g actroi —-'—• " Anticipated projected completion Specific d'ncuities completing the project. Agency NIMS/ICS compliance documentation In certain circumstances, the FDEM may request additional monitoringlnfommation if the activity, or lack there of, on the part of the specific recipient has generated questions from the region, the sponsoring state agency or the FDEM leadership. The method of gathering this information will be determined on a case by -case basis. Desk monitoring is an on -going process. Agency recipients will be required to participate in desk top monitoring -------_-.---w anamwabbasisan"s.deter»ined-by4he-I;DfMrZbeagenW4ecoiegts-w9 complete-and.submit-the-desk _.-- top monitoring within 14 business calendar days of receipt This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the FDEM determines that a recipient is having difficulty completing their project As difficuldes/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the FDEM for assistance. Examples of TA include but are not limited to: d, Equipment selection or available vendors 4 Eligibility of items or §ervices . 4 Coordination and partnership with other agencies within or outside the region or discipline Site Visits " Site visits will be conducted by the FDEM or designated personnel. Site visits will be scheduled in advance with the recipient agency POC designated in the grant agreement Monitoring questionnaires will be provided In advance of the visit. The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the forth of a peer review as needed. All findings related to the capability review will be documented and maintained within the FDEM. Site Visit Protocol The following outlines the monitoring protocol for the FDEM: The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all required tasks. Site Visit Preparation A letter will be sent to the recipient agency Point of Contact (POC) stating the purpose of the site visit at least 30 calendar days before the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the grantee's program. 34 - —_ _-_--- --- The-physieal-loeation-ofany equipment-iocated atan akemate site should be =nfinned with -a -representative ---- from that location and the address should be documented in the grantee folder before the site visit. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit Prior to the visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum of five (5) calendar days before the visit A reminder e-mail should be sent to all team members and the recipient POC one business day in advance of the site visit. Site Visit -- — -Once-FDEM personnel have'arrived at'the site;'an orientabon-conference wiltbe conducted. During -this-time, - the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. _- -- -- -- ------ -- -- Eaiih"item s"�ufd'tie'v�suall"ins eated�wfienever y p posse e. Bigger items'(comptifeT§; �espiirise veli�e5, etch---' -" -` - - should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capitol expenditures in If an item Is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then conduct an exit conference with the grantee to review the findings. - ------=theF abo4ssues-wn=be-discessedat-this-Ume,rsuChas-Wssi PrRr ag=quartedy-repords,�paymeat- - . --- voucher/reimbursement, equipment, questions, eta Post Site Visit FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. Should no Issues or findings be identified, a monitoring report to that effect will be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timefrdme as determined by the FDEM. The Site Visit Worksheet, report and photographs will then be included in the grantee's file along with any documents distributed at the site visit by the grantee. K. Programmatic Point of Contact Contractual Point of Contact Carolyn Washington FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 410-1271 L. Contractual Responsibilities Programmatic Point of Contact FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399.2100 (850) 410-3457 The FDEM shall determine eligibility of projects and approve changes in scope of work. The FDEM shall administer the financial processes. 35 Attachment B - Program Statutes, Regulations and Special Conditions 1) 53 Federal Register8034 2) Section 1352, Title 31, US Code 3)_ __. Chapter 473, Florida Statutes 4) Chapter215, Florida Statutes 5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, 6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 7) Section 102(a) of the Flood Disaster Protection Act -of 1973, Public Law 93-234, 87 Stat. 975 — ---8) -erection-106of-the-National-Histork-P4esewabon,4.ct-of-4966asamended4-16-USCA70),__._.______ Executive Order 11593 9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 11) Juvenile Justice and Delinquency Prevention Act or the Victims o rime Act 12) 28 CFR applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 14) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 15) Title VI of the Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973, as amended;_ of't >�ericans iR, Disabilities M ; 18) Title IX of the Education Amendments of 1972; 19) Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 20) 28 CFR Part 42, Subparts C,D,E, and G 21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39 Special Conditions The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exciusive list of regulations commonly applicable to Department of Homeland Security grants are listed below: A. Administrative Requirements D 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments D 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110) B. Cost Principles D 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) D 2 CFR Part220, Cost Principles for Educational Institutions (OMB Circular A-21) D 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-1 22) ➢ Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements y OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. — 3. - - The recipient agrees -that .alLallocations-and.use.-of.funds..underlhis grant.will.bejn-accordance with the FY 2009 Homeland Security Grant Program guidance and application kit. 4. The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and —modifications to-buildmgs7sbuchums-and objects-ftt-are-Sa years-old-or-grea pient-muses — comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance YAth these EHP renuireme itsif g�� disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 5. Each State/UASI jurisdiction will contribute in full any cost share amount as submitted in e Investment Justification. e-� 3 `? Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: - — -Indicate by -checking one of -the boxes below, if -you are -requesting an advance. -if an advance payment is requested, budget data on which the request Is based must be submitted. Any advance payment under this Agreement is sup)ect to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the Recipient within the initial three months of the Agreement l l ADVANCE REQUESTED -j-NO-ADVAN CE-REQt7EST Advance payment of; is requested. Balance of No advance payment is requested. payments will be made on a reimbursement basis. These funds Pay me will are needed to pay staff, award benefits to clients, duplicate forms reimbursement basis. No additional and purchase start-up supplies and equipment We would not be information is required. able to operate the program vAthout this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet ' (A) I (B) FFY FFY DESCRIPTION (C) (D) I. FFY Total l 1 I INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT. EXPENDITURES' 3 1 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) nrsi uiree monrns expenarwres neea omy ne proviaea tor the years in whicn you you do not have this information, call your consultant and he or she will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ = Cell D3 DEM Award (Do not include any match) an MAXIMUM ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM ( J Recipient has no previous DCA/DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ( ) Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY ADMINISTRATIVE COSTS (include Seconda Administra PROGRAM EXPENSES TOTAL'EXPENSES -_ 2009-2010 Anticipated Expenditures for First Three Contract ry brplanatfon of Circumstances: Attachment p Warranties and Representations Financial Management _. Recipient's financial management system -mustinclude -the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. 'these records shall con in inform5tion pe rnr o g n—awdg;'di Uzriza#iori. obligations; cmabligatad balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. appAtsor�act�ReguesiFor.P..avmsnt. Whenever__ appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (0) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when A is in the Recipient's interest to do so. Codes of conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shah provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient Business Hours The Recipient shall have its offices open or uslni , w MMUMc7—oo�o trto"the�nbfic�and�at — least one employee on site, from Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by.the Recipient. Attachment E Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: aY-. Signature Name and Title Street Address City, State, Zip Date Recipient's Name DCA Contract Number Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A47; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project Also the Applicant assures and -certifies -that. 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. twrillzomplrwith-provisions-of-Federal-iaw-whictHimit-certain-polibe+al-ae#fvifies fa — State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. it will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or r gives the appearance of being motivated by a desire for private gain for themselves or others, particularly �--tfio_se with whom_theY. have family business or other 1es. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activitie's indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance Is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment; rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the. State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants. M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements -- -including -Part 1g,-:Administrative Review Procedure; Part 20; Criminal Justice Information Systems; -Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Roodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A. Title II of the Americans with Disabilities Act (ADA) (1990); Title IX ofthe Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice -Non -Discrimination Regulations, 28 CFR Part42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of. discrimination *after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil -Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by $ieDrug- Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined 28 CFR Part 67 Sections 67.615 and 67,620. m O O O m O a a D J IL z t=n n ai E E 22 W. rc CO U U gig 6# C] IL 0 E O i Q O 020 8 Cltu C4 m� c N H M)N N M N NN NNN N to r _ c E S CO g a 8 o a v a Z� b C C c c W g x 7i $�v ru' V> 9 Z E at Z — A H Z� �Q v3 >E SIr cix�a� Fb- wom aun