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FY2016 03/15/2017KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: March 30, 2017 TO: Jeff Manning Emergency Services/Stop 14 FROM: Painela G. Hancd*.C. SUBJECT: March 15th BOCC Meeting Attached are four duplicate originals of* Item C9, t1ASI FY 2016 Memorandum of Agreement with the City of Miami, concerning a United States Department of Homeland Security Office of Grants and Training grant, through the State of Florida Division of' Emergency Management sub -grant agreement #17-DS-V9-11-23-02-346, in the amount of $95,691.41 with no county match required; and authorization for the County Administrator to execute any other required documentation in relation to the application process and execution of the agreement, for your liandling. Once signed by the state, please be sure to return two fully executed originals to me, for the record as well as Finance. Should you have any questions, please feel free to contact me at ext. 3130. Tliank you. cc: County Attorney w/o document File✓ MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2016 "Monroe County" Agreement Number: 17-DS-V9-11-23-02-346 FAIN Number: EMW-2016-SS-00092-S01 CFDA #: 97.067 This Agreement is entered into this ?( day of April , 2016, 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 $5,158,500 dollars through the Urban Area Security Initiative (UASI) Grant Program 2016; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 2016; 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 2016 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2016 Urban Area has been defined Miami and Ft. Lauderdale collectively and anticipates sub -granting a portion of the UASI funds in accordance with the grant requirements; and WHEREAS, the City Commission, by Resolution No./ (O -i9 t) a, adopted on l0 ' d 2016, has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and 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 2016 which was made available by the U.S. Department of Homeland Security and the State of Florida Division of Emergency Management (FDEM). B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring Agency. II. SCOPE A. The provisions of this Agreement apply to UASI Grant Program 2016 activities to be performed at the request of the federal government, provided at the option 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. III. 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 2016: The UASI Grant Program 2016 reflects the intent of Congress and the Administration to enhance and quantify the preparedness of the nation to combat terrorism and continues 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 2016 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. 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 2 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 and training. 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. 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 -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 Urban 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 as stipulated in "Exhibit #1 of MOK. G. Ensuring satisfactory progress toward the goals or objectives stipulated in "Exhibit #1 of MOK. K H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit #1 of MOX. 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. Participating Agencies and any sub -grantees must abide by the grant requirements including budget authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of assets as stipulated in the UASI Grant Program 2016 Agreement. C. Submitting monthly budget detail worksheets to the City of Miami on the progress of direct purchases of equipment or services as stipulated in "Exhibit #1 of MOX. D. Complying with all UASI Grant Program 2016 requirements as stipulated in "Exhibit #1 of MOK. 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 as stipulated in "Exhibit #1 of MOX. I. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit #1 of MOX. J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in "Exhibit #1 of MOK. 4 K. Inventory of the equipment obtained from the UASI Grant Program 2016, as identified in "Exhibit #2 of MOX, shall be maintained and be made available for onsite monitoring upon request by the Sponsoring Agency, DEM, and/or DHS by trained personnel on such equipment. L. If the Participating Agency is incapable of staffing or maintaining the equipment obtained from the UASI Grant Program 2016, as identified in "Exhibit #2 of MOK, the Participating Agency shall notify the Sponsoring Agency and such equipment may be made available or transferred to another Participating Agency ONLY with the Sponsoring Agency's approval in writing. M. All equipment obtained from the UASI Grant Program 2016, as identified in "Exhibit #2 of MOX, is the sole responsibility of the receiving agency. This includes, where applicable, maintenance, replacement, training on equipment, certifications, licenses, insuring of equipment and personnel, and compliance with intra-agency auditing requirements. 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 as stipulated in "Exhibit #1 of MOX. C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel. D. The 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 municipality, 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. 5 VII. 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 2 CFR 200. 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 2016 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 7 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 as stipulated in "Exhibit 1 of MOX. 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 as identified in "Exhibit 2 of MOA". 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 terminated by either party on thirty (30) days written notice to the other party at the address furnished by the parties to one another to receive notices under this agreement or if no address is specified, to the address of the parties' signatory executing this contract. Z D. 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. E. This Agreement will end on June 30, 2018, unless otherwise extended, by a written amendment duly approved and executed prior to June 30, 2018, 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. ATTEST. - Todd B. Hannon City Clerk APPROVED AS TO FORM AND CORRECTNESS: B•Y'' Victoria Mendez City Attorney SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida Daniel J. Alfon City Manager APPROVED AS O IN REQUIREM TS: BY: [- / Ann-M ie Shy Department of NCE , Director k Management 7 Name: Kevin Madok 3%S'1' % Title: Clerk it A PARTICIPATING AGENCY "Monroe County" NAME: George Neugent TITLE: Monroe County Mayor FID #: 59-6000749 DUNS: 073876757 APPROVED AS TO FORM AND CORRECTNESS: Ad Assistant County Attorney, Monroe County Attorney's Office 8 Exhibit #1 of MOA Contract Number: 17-DS-V9-11-23-02- ,; 46 "Exhibit #1 of Memorandum of Agreement (MOA)" FEDERALLY -FUNDED SUB -AWARD AND GRANT AGREEMENT 2 C.F.R. §200,92 states that a "sub -award may be provided through any form of legal agreement, inciudirg an agreement teat the pass-througn entity considers a contract.' As defined by 2 C.F.R. §200.74, "pass -through entity" means "a non -Federal entity that provides a sub-a*ard to a sub -recipient to carry out part of a Federal program." As dP ined by 2 C.F.R. §200.93, "Sub -Recipient' means 'a non -Federal entity that receives a sub -award from a pass -through erit.ti to carry out part of a Federal program." As defined by 2 C,F.R. §200.38, "Federal award' means "Federal financial assistance that a non -Federal entity receives directly from a Federal &N-Irding agency or indirectly from a pass -through entity." As defined by 2 C.F.R. §200.92, 'sub -award' means 'an award provided by a pass -through entity to a sub - recipient fo- the sub -recipient to carry out part of a Federal award received by the pass -through entity.' The following information is proviced pursuant to 2 C.F.R. §200.331(a)(1): Sub-Rec'pient's name: Sub -Recipient's unique entity identifer. Federal Award Identificat'on Number (FAIN): Federal Award Date: Sub -award Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-througl- entity to include this Agreement: Total An nount of the Federal Award committed to the Sub -Recipient by the pass -through entity: Federal a,Aard project desc'iptior (see FFATA): Name of Federal awarding agency: Name of pass -though entity: Management Contact information for the pass -through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name Whether the avvard is R&D: Indirect cost rate for the Fedora! award: 1 City of Miami 072220791 E MV'J-2016-SS-00092-S01 09/01 /2016 Date of Execution — 12,3112018 S5.158,500.00 $12,127.499.99 $5,158,500.00 See Article 1. Agreement Articles: EMW-2016-SS-00092-S01 Dept of Homeland Security FL. Div. of Emergency 2555 Shumard Oak Boulevard Tallahassee. Florida 32311 97.067 Homeland Security Prooram NO N/A 26.21 % THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Miami, (hereinafter referred to as the "Sub -Recipient"). For the purposes of th's Agreement, the Division serves as the pass -through entity for a Federal award, and the Sub -Recipient serves as the recipient of a sub -award. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fuliy qualified and eligible to receive these grant funds to provide the services identified hereln; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's awn funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performarce under this Agreement is subect to 2 C.F.R. Part 200, entitled "Uniform Administrative Regjirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. A provision, dividing the agreement into quantifiable units of dellverables that ;rust be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provslon specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. IV. A provision specifying that the Sub -Recipient may expend funds only for a'lowable costs resulting from obl'gations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 2 vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations: including those identified in Attachment C. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies tha no other statute, rule, or regulation applies. (3) CONTACT a. In, accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and snail serve as the Division's liaison with the Sub -Recipient. As part of nisPier duties, the Grant Manager for the Division shall: i. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests payment. b. The Division's Grant Manager for this Agreement is: __ Michael J. Dav 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone (850) 488-3133 Fax: (850) 922-8689 Email: Michael.Dav;�em.mvflorida.com c. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Chief Pete Gomez 444 SW 2°a Avenue. 101' Fir Miami, FL 33130 Telephone: 305-416-5402 Fax: 305-569-4070 Email: pgomeVerniamiaov.com d. in the event that different representatives or addresses are designated by either party after execution of this Agreement. notice of the name, title and address of the new representative will be provided to the other party. 3 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties, (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shai be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A and B of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end on December 31, 2018, unless terminated earlier in accordance wits the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during winch the Sub -Recipient "may incur new 4 iigations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the S,.b- Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." in accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. b. The Stare 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 either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and B of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $5,158,500.00. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any EI false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwse. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachments A and B, that clearly delineates: 1. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performarce measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a 'performance goal", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tar.gible, measurable objective, against which actua' achievement can be compared." It also remairs consistent with the requirement, contained it 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." i g. if authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation —personal services") and 2 C.F.R. §200.431 ("Compensation —fringe benefits"). If.the. Sub -Recipient seeks. reimbursement for overime expenses for periods when no work is performed due to vacation. holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C, §207(e)(2)), the^ the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in I addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established polcy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees curing periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: I. They are provided under established written leave policies; V. The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the ron-Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F,R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - A Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for b,eakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: L The costs are reasonable and do not exceed charges ncrma ly allowed by the Sub -Recipient in its regu'ar operations as a result of the Sub -Recipient's written travel policy; and, li. Participation of the individual in the trave, is necessary to the Federal award. L The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds rece'ved against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures ir.curred by the Sub -Recipient. j. As defined by 2 C.F.R. §200.53, the term ''improper payment" means or includes; Any payment that should not nave been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, i'.. Any payment to an ineligible party, any payment for an ineligible good or service, ary duplicate payment, any payment for a good or service no. received (except for such payments where autl-or:.zed bylaw), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall e-ijoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor Genera:, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are perbrent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by 2 C.F.R. §200.333, the Sub -Recipient shall retain, sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of ail subcontractors or consultants paid from funds under this Agreement, for a period of three (3) years from the date of P. r submission of the final expenditure report. The following are the only exceptions to the three (3) year requirement: I. if any litigation, clam, or audit is started before the expiration of the three (3) year period, then the records must be retained until alp litigation, claims, or audit findings involving the records have been resolved and final act;on taken. H. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through entitbj to extend the retention period. iii. Records for real property ar.d equipment acquired with Federal funds must be retained for 3 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the three (3) year retention requirement is not applicable to the Sub - Recipient. V. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal_year in which the program income is earned. _ vi. Indirect cost rate proposals and cost allocations plans. This paragraph appCes to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite frirge benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies I ` are submitted, then the Division must not require more than an original and two (2) copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When origina' records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. 7 g. Florida's Government in the Sunshine Law (Section 286.011, Florda Statutes) provides tree citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and prompt.y recorded. The mere receipt of public funds by a private entity, standing alone, is Insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the per°ormance of its public purpose to a private entity, then,, to the extent that private entity is performing that public purpose, the Governmert in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to oper. government requirements. These meetings shall be publicly roticed, open to the public. and the minutes of all the meetings sha!1 be pudic records, available to t,e public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the reco-ds of the state and local governments as we!I as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting of behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the pub'ic record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entitys performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on beiaif of a public agency and is therefore subject to the requirements of Florida's Public Records Law, 1. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under ;his 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 B - and 211 other applicable laws and regulations. i I (11)AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ('GAAP"). As der.ned by 2 C F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Govemmert Accounti-ig Standards Board (GASB) and the Financial Accourting Standards Board (=ASB)." c, When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division s�all use Generally Accepted Government Auditing Standards ("GAGAS"). As defsned by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the U-iited States, which are applicable to financial audits." d. if an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all furds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non- compliai•ce. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h). Florida Statutes, as "an independent certified public accountant licensed under chapter 47V The independent auditor shall state that the audit complied with the applicable p^ovis'o^s roted above. The audit must be received by the Division ro later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub-Recipien: shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle Audit(i'�em.mvflohda com DEMSing'.e_Audit@em.myflorida.com OR Office of the Irspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: htttp://harvester.census.aov/f2c/collectlddeindex.html h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: E. DEMSingle Auditra.em.mvfiorida.com DEMSingle_Audit@em.myflorida.com OR Off!ce of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all 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. b. Quarterly reports are due to the Division no later than thirty (30) days after the end of each quarter of the program year and shall be se^.t 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 dose -out report is due sixty (60) days after termination of this Agreement or sixty (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, then the Division may withhold further payments :.until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the 'work product was completed in accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. (13)MONITORING. a. The Sub -Recipient shall mon for its performance under this Agreement, as well as that of its 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 B to this Agreement, and reported in the quarterly report. b. in addition to reviews of audits, monitoring procedures may include: but not be limited to, on -site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate IN { with any irspections, reviews, `nvesbgatior.s or audits. deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor ti,,e performance and financial i mar•agement by the Sub -Recipient throughout the contract term to ensure timely completion w al' tasks. (14)LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Fiorida Statutes, Sub -Recipient shall hod 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, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, 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 Nab':e for ar�y damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothino herein is intQnriPri fn carve n� � ,..;-, f sovereign, immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be constried as consent b,/..a state agency or_subd;vision of the Stare of Fiorida _t_o be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any cf the fcllovAng events occur ("Events of DefaLlt"), ail obligations on the part of t^e Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partia payments after a•iy Events of De-auft without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a. If any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fads to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreeme-t 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 Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty (30) 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; or, d. if the Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. 11 (16)REMEDIES. If an Event of Default occurs, then the Divis'on shall, after thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, ei*.her concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) 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 -return rece;pt requested, to the address in paragraph (3) he-ein; 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 Sub -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: I. Request additional Information from the Sub -Recipient to determine the reasons for or tie extent of non-compliance or lack of performance, ii. . Issue a written warning ,c advise hat more serious measures may 5e_taken if the situation is no corrected, iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. 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 any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive 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 Sub -Recipient. (17)TERMINATION. a. The Division may terminate this Agreement for cause after thirty (30) days Witten 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 Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discret on, that continuing the Agreement would not produce beneficial results in line with the 12 further expenditure of funds, by providing the Sub -Recipient with thirty (30) 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 w i!I state the effective date of the termination, and the procedures for proper closeout of the Agreement. d, In the event that tnis Agreement is terminated, the Sub -Recipient wi'I not incur new obligations for the terminated portion of the Agreement after, the Sub -Recipient has received the notifcat on of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liabi'ity to the Divsior because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off untli the exact amount of damages due the Division from the Sub -Recipient is determined. (18)PROCUREMENT i a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regu'ations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards').._ b. As required by 2 C,F.R. §200.318(b), the Sub -Recipient shall "Trainlain records sufficient to de -ail the history cf procurement. These records will include, but are not necessarily imited to the following: rationale for the method of procurement, selectior of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "ma ntain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.' In order to remonstrate compliance wish this requirement, the Sub- Rec`.pient shall document, in its quarter,y report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shal' forward to the Division a copy of any solicitation. (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solic itation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §200.318 through 200.326 as well as Appendix it to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division wN not substitute its judgment for that of the Sub- Reciplent. While the Sub -Recipient does not need the approval of the Division in order to publish a 13 competitive solicitation, this review may allow the Division to identify defic'encles in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: paragraph 17 above; and, solicitation. Terminate this Agreement in accordance with the provisions outlined in Refuse to reimburse the Sub -Recipient for any costs associated with that e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of t're work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division seal review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3) easiness days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §200.318 through 200.326 as well as Appendix 11 to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its Judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. Tne Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, ther the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non -compliant, then the Division may: Terminate this Agreement in accordance with the provisions outlined in paragraph 17 above; and, li. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. f. The Sub -Recipient agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (il) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless 14 1 i r 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. c. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged it the selection, award and administration: of contracts." h. As required by 2 C.F.R. §200.319(2), the Sub -Recipient shal conduct any procurement under this agreement "in a manner provid`ng full and open competition." Accordingly, the Sub -Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business: li. Require unnecessary experience or excessive bonding; iif. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on reta net contracts; V. Authorize, condone; or ignore organizational conflicts of interest; vi. Specify only a branc name product without allowing vendors to offer an equivalent; vii. Specify a brand rame product instead of describing the performance, specificalons, or other re`eva.-t requ'rements that pertain to the commodity or service solicited by the i procurement; v!ii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if the` bidder was Involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "Except in those cases 4vhere applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200 321 15 ("Contracting with small and minority businesses, women's business enterprises, and abor surplus area firms"). (19)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 orly to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: I. Exhibit 1 - Funding Sources ii. Attachment A — Budget iii. Attachment B — Scope of Work iv. Attachment C — Deliverables and Performance V. Attachment D — Program Statutes and Regulations vi. Attachment E — Justification of Advance Payment v'i. Attachment F — Warranties and Representations vlii. Attachment G — Certification Regarding Debarment ix: Attachment H — Statement of Assurances X. Attachment I — Mandatory Contract Provisions xi. Attachment J — Reimbursement Checklist xii. Attachment K — EHP Guidelines xiii. Attachment l — Monitoring Guidelines (20) PAYM E NTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest - bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the r.ecessity for arid proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services, The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting ti-e submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Recipent's quarterly reporting as referenced in Paragraph 7 of this Agreement. IN c. If the necessary funds are rot available to fund this Agreement as a result of acfon by the United States Congress, the federal Ofrice of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b, of this Agreement, all obligations on the part of the Division to make any furt! er payment of funds sha!, terminate, and the Sub Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)REPAYM ENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of 'Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florid Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shal! pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever Is greater. (22)MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, represenitations, and materials submitted or provided by the Sub -Recipient in this Agreement, i in any later subrrissior, or response to a Divislon regiest, or In any submiss'on or response to full`!: the require -rents of this Agreement, All of said infor nation, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Divison and with thirty (30) days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division frog^ ail its obligations to the Sub -Recipient. b. This Agreement steal: be construed under the laws of the State of Florida, and venue for any actions arsing out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreemert is in conflict Wth 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. The Sub -Recipient agrees to comply with the Americans With Disabilities Ac (Publ'c Law 101-336, 42 U.S.C. Section, 12101 et sea.), which prohibits discrimination by public and private entities or; the basis of disability in employment, pubic accommodations, transportation, State and local government services, and telecommunications. 17 e. 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 t"e 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 ary public entity in excess of $25,000.00 for a period of thirty-slx (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f, Any Sub -Recipient which is not a local government or state agency, and which receives funds under 'his Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: L Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five (5) year period preceding this proposal been convicted of or had a civil judgment rendered against tnem for fraud or a criminal offense in connection with obtaining, attempting to obta;n, or performing a public (federal, state or local) traisaction or contract under public transaction; violation of federal or state antitrust statutes or.commisslon of embezzlement, theft, forgery, br'bery, falsification or destruction of records: mak'ng false statements, or receiving stolen property; iii. Are not present'y indicted or otherwise crimina'ly or civil!y charged by a governmental entity (federa!, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and, iv. Have not within a five (5) year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. L The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 110, Florida Statutes, which the Sub -Recipient created or received under this Agreement. 18 j. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interes` income shall either be resumed to the Division or be app'r:ed against the Division's obligation to pay the contract amount. k. The State of Florda wiV not intentiona'ly award pubRciy-funded contracts to a-y 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"). The Dvis:on shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilatera' cancellation of this Agreement by the Division. I. All unmanufactured and manufactured articles, materials and supplies which are acqu;red for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 1 Ca, unless It wou'd not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION a. 2 C.F.R. §200,450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Flor:.da Statutes, prohibits 'any disbursement of grants and a,'ds appropriatons pursuant to a contract or grant to any person er organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Leg stature, the judicial oranch, or a state agency." I c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub -Recipient certifies, by its s'grature to this Agreement, that to the best of his or her knowledge and belief i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -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 of Congress, or an employee of a Nlemberef Congress in connection with the awarding of any Federa: 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. ii. If any fur:ds other than Federal appropriated funds have been paid or will be pa'd 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 19 connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for ali sub -awards (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S, Code. Any person who fails to fife the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a_ If the -Sub. -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retair ali rights and entitlements to that pre-existing pater:t or copyright unless the Agreement provides -otherr;ise. b. If any d scovery 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 Sub -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 Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -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. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is Q11 i,iventions made jointly by one or more employees of both parties hereto, each party shall have an equal: undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fWy- pa`d, no9exclusive license, for its use and the use of its contractors of any resulting patented, copy -lighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION. The Sub -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 Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recip ent to the terms of this Agreement. (26)EOUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defired in the regulations of the Secretary of Labor a: 41 CFR Chapter 60, which is paid for in whole or in part with fund's obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, o- guarantee, or undertaken pursuant to any Federal prcgra•n involving such grant, _contract, "oan, insurance. or.guarGntee, the following equal _ opportunity clause: Oaring the performance of this contract, the contractor agrees as follows: i. The contractor will not discr.minale against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, bLt not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The 1 contractor agrees to post in conspicuous places, available to employees and applicants for empieymient, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 21 9 iii. Tne contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. V. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, ar.d by rules, regulations, and orders of the Secretary or Labor, or pursuant thereto; and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi In tie event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, th;s contract may be canceled, terminated, or suspended in whose or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law, vii, The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The 22 V contractor wi take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in tie event a contractor becomes involved in, or is threatened w1h, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause ;nth respect to its own emp!oyment p-act ces whet it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not app'icable to any agency, instrumentality or subdivlson of such government which does not participate it work on or under the contract. c. The Sub -Recipient agrees that it wiN assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secreta-/ of Labor, that it wil: furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it wil! otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. I d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the admin'stering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee),- refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the fai`ure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recpient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: 23 i. Contractor. The contractor shall comply wits 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall Insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. li , Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C,F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, wdth the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the empioyment of mechanics or laborers, then any such contract i must include a provls on For compliance with 40 U.S.C. 3702 and 3704, as supplemented by Departmera of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week, The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which I are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) ' and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 24 (30)SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then a^y such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verFy that none of the contractor, its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (deemed at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply wits 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. IN. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies availabie to the D vis'on, One Federal Government may pursue available remedies, including but not limited to suspension andicr debarment. iv. The bidder or proposer agrees to comply with the requiremerts of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is vai:d and througnout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in Its lower tier covered transactions. (31)BYRD ANTI -LOBBYING AMENDMENT i If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any sich contract must include the following clause: Byrd Antl-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with 25 obtaining any Federal contract, grant, or any other award covered by 31 U.S C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place In connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CON T RACTING WITH SMALL AND MINORITY BUSINESSES. WOMEN'S BUSINESS ENTERPRISES. AND LABOR SURPLUS AREA FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200,321, the Sub -Recipient shall take the fol.owing affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: I. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring teat sma9 and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by sma!I and minority businesses, and women's business enterprises; iv. Estab!W ing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime con`.ractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e) of this section. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside ether the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Stab -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking add'tional steps to involve small and minority businesses and women's business enterprises. d. The requirement ;o divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into KPI smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to i utilize streaml'ned acquisition procedures (e.g. "project splitting"). (33)ASSURANCES. The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 27 IN WITNESS WHEREOF, the pa(ies hereto have executec this Agreemert. SUB -RECIPIENT: Name ar,d Title: Date: /- G FID# 59-6000375 DUNS# 072220791 Include a copy o` the designation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION. OF EMERGENCY MANAGEMENT By: Name and Title: Jongan Lord Deouty D'rector f Date: # 28 SPONSORING AGENCY: ATTEST: THE CITY OF MIAMI, a municipal Corporation of the State of Florida To d B. Hannon Date Daniel J. AlfciA b City Clerk ,, I LP City Manager APPROVED AS TO FORM AND CORRECTNESS: 29 APPROVED AS TO I URANCE REQUIREME TS' : Ann -Marie gharpe, Director Department of Riskj Management EXHIBIT-1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEIVIENT: NOTE. If the resources awarded to the Sub -Recipient are from more than one Federa; program, provide the same information shown below for each Federal program and show total Federal resources a;rvarded. Federal Program Federal agency U.S. Department of Homeland Security, Federal Emergency Management Catalog of Federal Domestic Assistance Ole and number: 97.067 Award amount: $5,153,500.00 THE FOLLO VING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE: !f the resources a:rarded to the Sub -Recipient represent more than one Federal program, list applicable compliance requirements fcr each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement: Sib -recipient is to use funding to perform eligib;e activities as identified FY2016 Department of Homeland Security Notice of Funding Opportunity. 2. Second applicable compliance requirement: Sub -recipient is subject to all administrative and francial requirements as set forth in this Agreement or will not be in compliant with the terms of the Agreement. 3. Third applicable requirement: Sub -Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. NOTE: 2 C.F.R. Part 200, and Section 215.97(5xa), Ficrida Statutes, req.+ire that the +ntor*n85on about Federal Programs and State Projects Vcluded n Exhibit 1 be provided to the Sub -recipient. ATTACHMENT A PROPOSED PROGRAM BUDGET Below is a general budget which outlines eligible categories and their allocation under this award. The Sub -recipient is to utilize the 'Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. The list consists of 21 equipment categories divided into sub -categories, tertiary categories, and then individual equipment items. The AEL can be found at http://beta.fema.gov/authorized-equipment-list. At the discretion of the Sub -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 5% of each Sub -recipient's total award may be expended on Management and Administration costs. The transfer of funds between the categories listed in the "Proposed Program Budget" is permitted. However, the transfer of funds between Issues is strictly prohibited. BUDGET DETAIL WORKSHEET 31 The Sub -recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", after the execution of this agreement, contact the grant manager listed in this agreement via email or letter. Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, response, and recovery activities Broward County Cyber Incident Response Annex, Line item 2016-01 1 $65,870.84 $65,870.84 . Developing and implementing homeland security support programs and adopting ongoing DHS national initiatives Miami Dade Whole Community Planning Workshop; Line Item 2016-49 1 $74,045.45 $74,045.45 Developing related terrorism and other catastrophic event prevention activities I Developing and enhancing plans and protocols Miami Dade Unmet Needs Plan Development. This is a E primarily a planning project to leverage whole community partners to document their capabilities and capacity to prepare for, respond to, and recover from an Incident. This 1 $24,681.82 $24,681.82 plan will identify social services resource to improve the resiliency of the county and its 34 municipalities; Line item 2016-47 Miami Dade Volunteer Reception Center Plan Development. The plan will produce a coordinated system for matching the skills and abilities of County employees, volunteer organizations, and spontaneous unaffiliated volunteers to 1 $54,300.00 $54,300.00 assist the community during an emergency or disaster; Line item 2016-48 Developing or conducting assessments Miami Dade Conduct a geospatial hazard impact modeling utilizing HAZUS-MH Level 3 analysis, third party proprietary hazard modeling tools, and quantitative geospatial analysis 1 $102,239.99 $102,239.99 to estimate the losses to natural and human -induced hazard i events in Miami -Dade County; Line item 2016-45 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) Broward County Whole Community Planning; Integration of Volunteer & Faith Based Organizations, Line item 2016- 1 $65,870.84 $65,870.84 02 32 Broward Sheriff's Office CEMP/COOP/COG, Line item 2016- 03 1 $30,442.55 $30,442.55 Hialeah License Plate Reader Analyst, Line item 2016-19 1 $54,300.00 $54,300.00 Hialeah EOC Planner, Line item 2018-20 1 $",427.27 $44,427.27 Miami Emergency Management Planner (12 months). This position will assist with the development/revision of citywide emergency management plans such as the CEMP, 1 $49,363.64 $49,363.64 COG and COOP; Line Item 2016-32 Miami Emergency Management Planner (12 months). This position will assist with general planning responsibilities related to the implementation of the UASI grant program; 1 $64,172.73 $64,172.73 Line item 2016-33 Miami Equipment Inventory Planner (12 months). This position will be responsible for resource management tracking and planning portion of the EHP process; Line Item 1 $44,427.27 $44,427.27 2016-34 Miami Regional Program Manager. This position assists the Miami and Ft. Lauderdale with regional planning needs (e.g. drafting of investment justifications, coordination of 1 $88,854.55 $88,854.55 UAWG meetings, development of annual budgets, etc.); Line item 2016-62 Miami Regional Planning, Training and Exercises Coordinator- this position includes the responsibilities of ensuring compliance with training courses as well as the 1 $75,032.73 $75,032.73 coordination of necessary regional exercises; Line item 2016-63 Palm Beach Sheriffs Office Regional Metadata Planner, Line item 2016-65 1 $29,618.18 $29,618.18 Materials required to conduct planning activities Travellper diem related to planning activities Miami Dade Planning, Training and Exercises: UASI Homeland Security Conference; Line Item 2016-44 1 $3,512.72 $3,512.72 Overtime and backfill costs (in accordance with operational Cost Guidance Issuance of WHTI-compliant Tribal identification cards Activities to achieve planning inclusive of people with disabilities and others with access and functional needs Coordinatlon with Citizen Corps Councils for public information/education and development of volunteers Update governance structures and process and plans for emergency communications Activities to achieve planning inclusive of people with limited English proficiency 33 Aiiowabifs Tnin;p C�t2:d�atarttit�r ..:, w , l rs.�t ," ,. ! Overtime and backfiii for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes _ Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training Training Workshops and Conferences Miami Planning, Training and Exercise. This project will support multi -disciplinary projects for the City of Miami under the leadership of MEM. Project scope will involve a full scale exercise, revision of planning documents such as the CEMP/COOP/COG and trainings that benefit terrorism - related emergency management trainings. Trainings will Include ICS, Hazmat 160 and any other specialized courses needed due to staff attrition; Line item 2016-29 1 $119,531.08 $119,531.08 Regional Planning, Training and Exercise, Line item 2016- 69 1 $70,880.02 $70,880.02 Miami Dade Tactical Life Saver Course DNS-13-29430; Line Item 2016-71 1 $17,557.66 $17,557.66 . Activities to achieve training inclusive of people with disabilities and others with access and functional needs Full or Part -Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel 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). Instructor certification/re-certification 34 Coordination with Citizen Corps Councils in conducting training Interoperable communications training Activities to achieve training inclusive of people with limited English proficiency TOTAL TRAINING EXPENDITURES2076 .. 'anal ifies Reimbursement for select operational expenses associated with Increased security measures at critical infrastructure sites incurred (up to 50 percent of the allocation) Oiiantl Un9t: Miami Operational OT for Special Events approved by FEMA, Line Item 2016-30 $28,109.63 $28,109.63 Overtime for information, investigative, and intelligence sharing activities (up to 50 percent of the allocation) Hiring of new staff positions/contractors/consultants for participation in informatiorYntelliigence analysis and sharing groups or fusion center activities (up to 50 percent of the allocation) Palm Beach Sheriffs Office Regional Fusion Analysts; Line Item 2016-64 1 $236,645.45 $236,945.45 TOTAL ORGANIZATIONAL EXPENDITURES Design, Develop, Conduct and Evaluate an Exercise ;2s5,o55.os Miami Dade Disaster Housing Table Top Exercise; Line Item 2016-46 1 $34,554.55 $34,554.55 Exercise Planning Workshop — Grant funds may be used to plan and 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. 35 01 Full or Part -Time Staff or Contractors/Consultants — Full or part-time staff may be hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of 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 contractors/consultants 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. Overtime and backfill costs — Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in FEMA exercises Implementation of HSEEP Activities to achieve exercises inclusive of people with disabilities and others with access and functional needs 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 httg://www.oio.usdoi.gov/FinGuide. 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). Interoperabie communications exercises TOTAL EXERCISE EXPENDITURES $34,554.55 3M _- Eligible Equipment Acquisition Costs The table below trghlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment categories, and spqcffic equipment eligible under each category, are Quantity Unit Cost Total Cost listed on the web -based version of the Authorized Equipment List (AEL) at http://beta-ferna.gov/authorized-equipment-list. Personal protective equipment -----__ . Broward Sheriffs Office Mass Casualty Incident Protection for Fire Rescue — Ballistic Helmets, AEL #01 LE-01-HLMT 1 $18,027.60 $18,027.60 j Line item 2016-05 Broward Sheriffs Office Mass Casualty Incident Protection for Fire Rescue — Ballistic Vests, AEL #01LE-01-ARMR, Line 1 $31,494.00 $31,494.00 Item 2016-06 Palm Beach Sheriffs Office SWAT CBRNE Gas Mask and Amplifier; AEL #01AR-06-REUS and 030E-01-CTAC; Line 1 $30,259.91 $30,259.91 Item 2016-57 Eviosive device mitigation and remediation equipment Broward Sheriffs Office Explosive Ordinance Device Team Portable X-Ray Unit, AEL 002EX-01-XRAP, Line item 2016- 1 $36,529.09 $36,529.09 07 Miami Dade EOD 9A Bomb Suits (Med Eng); AEL #02PE-01- 2 $29,616.18 $59,236.36 BSUT; Line item 2016-37 0NE operational search and rescue equipment Coral Gables Mobile Message Boards to Relay Emergency 4 $9,502.50 $38,010.00 Messages; AEL #030E-03-SIGN; Line item 2016-10 Coral Springs Police (211) Tactical Trauma Kits and (10) 1 18,992.17 $18,992.17 Refills; AEL #030E-03-KTFA; Line Item 2016-11 Coral Springs Police Night Vision for SWAT to include: helmet mounted binocular night vision, binocular and helmet mounts, Integrated Mount Univ. Night Sight (IMUNS), 1 $73,799.88 $73,799.88 Clip on thermal imager wleyepiece, batteries, case, special lighting and aiming laser; AEL #030E-02-TILA and 04MD-01- LAMP, Line item 2016-12 Coral Springs Police Mobile Message Boards to Relay Emergency Messages, AEL #030E-03-SIGN, Line item 2016- 1 $26,237.76 $26,237.76 13 Miami Gardens Portable Elevated Surveillance Platform; 1 $118,663.27 $118,663.27 AEL #030E-07-ROVL; Line item 2016-36 Miami Dade Tactical Interoperable Communications Headset for SWAT; AEL #030E-01-CTAC and 06CP-03- 1 $39,490.91 $39,490.91 PRAC; Line item 2016-41 Miramar Thermal Imaging Camera; AEL #030E-02-TILA; 2 $9,237.91 $18,475.82 Line item 2016-50 _ Miramar eHydraulic Extrication Tools; AEL #03SR-02-TPHY; 2 $29,618.18 $59,236.36 Line item 2016-52 Palm Beach Sheriffs Office Bomb Squad EOD Detection 2 $2,961.82 $5,923.64 Kits/Multi-Meters; AEL #030E-04-MMTR; Line item 2016-58 Pembroke Pines Portable Elevated Surveillance Platform; 1 $70,992.81 $70,992.81 AEL #030E-07-ROVL; Line item 2016-60 Sunrise SWAT Robot Accessories and Upgrades to include claw attachment kit, quick release FLIR attachment and 1 $12,713.11 $12,713.11 hardshell transit case; AEL #030E-07-UPGD; Line item 2016-74 37 Sunrise Portable Elevated Surveillance Platform; AEL 1 $71,083.64 $71,083.64 #030E-07-ROVL; Line item 2016-76 R(OfTtlaBOneflT1Cs169y a 'A ! 4. `ter r Broward Sheriffs Office DRT Digital Camera System will include: Digital Controller and Monitor, Mini High Resolution Camera, Camera Cable with 1000' breaking 1 $14,809.09 $14,809.09 strength, 300' of coax cable, 48VDC LED Light and Helios Video Enhancement Module, AEL #04MD-01-UCAM, Line item 2016-04 _ Ft. Lauderdale Police SWAT Enhancement- Electronic Equipment to include tactical communications device, video camera and wireless transmission device; AEL 1 $32,549.39 $32,549.39 #04MD-01-VCAM, 030E-01-CTAC and 04SN-01-XMIT; Line Item 2016-16 Miramar Incident Command System Software; AEL #04AP- 1 $15,796.36 $15,796.36 05-CDSS, 04AP-01-CADS; Line item 2016-53 Miami Regional Incident command software system needed for regional info sharing during emergency operations as well as non -emergency situations to provide a platform for 1 $123,409.09 $123,409.09 day-to-day regional info sharing and updates; AEL #04AP- 05-CDSS, 04AP-03-GISS, 04SW-04-NETW; Line item 2016-67 Cyber Security Enhancement Equipment Hollywood Cybersecurity system to gather, analyze, and present information from network and security devices, identify and assess management applications, manage vulnerability and policy compliance, and centralize 1 $60,836.73 $60,836.73 database and application logs. The overall focus will be on security and threat detection and management; AEL #05NP- 00-IDPS and 05NP-00-SEIM; Line item 2016-21 Interoperabie communications equipment Hialeah P25 Radio Microwave System, AEL #06CP-03- 1 $296,181.82 $296,181.82 MWAV, Line item 2016-17 Hialeah Maintenance and Sustainment of P25 Radios and accessories; AEL #06CP-03-PRAC, 06CP-01-MOBL and 1 $64,172.73 $64,172.73 21GN-00-MAIN; Line item 2016-18 Miami Satellite Phone Sustainment Citywide (12 months). This project will sustain the satellite phones that are installed throughout City Departments including police and 1 $24,681.82 $24,681.82 fire stations which allow all first responders to communicate when primary communication services are down, AEL #06CC-03-SATB, Line item 2016-28 Miramar Mobile Radio Repeaters; AEL #06CP-01-REPT; 1 $19,745.45 $19,745.45 Line item 2016-51 Monroe APX6000 7001800 Portable Radios; AEL #06CP-01- 1 $95,691.41 $95,691.41 MOBL; Line item 2016-55 Pembroke Pines Portable P25 Compliant Radios; AEL 1 $47,183.74 $47,183.74 #06CP-01-PORT; Line item 2016-61 Ft. Lauderdale Region 7 Interoperable Communications Trailer Enhanced Capabilities to include a UHF Repeater; 1 $36,134.18 $36,134.18 AEL #06CP-05-LPBX, 04HW-04-CABL, 21 GN-00-INST and 21 GN-00-MAIN; Line item 2016-72 38 Ft. Lauderdale Region 7 Interoperable Communications Trailer Enhanced Capabilities to include a Cisco IP Phone System; AEL #06CP-05-LPBX, 04HW-04-CABL, 21GN-00- INST and 21GN-00-MAIN; Line item 2016-73 1 $22,460.45 $22,460.45 Detecfiahl:qufpment z . :-s `��� itif+�+�-°� x Coral Gables Hazardous Materials Detection Equipment, AEL # 07CD-01-DPMG, Line Item 2016-08 1 $19,745.45 $19,745.45 Palm Beach Sheriffs Office EOD Analyzer - Chemical and Explosives Detection Instrument; AEL #07ED-01-LASR; Line item 2016-59 1 $96,020.17 $96,020.17 Decontamination Equipment I Medical suppr'ies = _ Sunrise FRTK-1 First Responder Trauma Kits for Police; AEL #090E-03-KTFA; Line item 2016-75 100 $108.60 $10,860.00 Power equipment e Fw- CBRNE Reference Materials CBRNE Incident Response Vehicles Miami Dade EOD Personnel Carrier capable of carrying four bomb technicians and a locked storage box in the bed of the vehicle; AEL #12VE-00-MISS; Line item 2016-38 1 $30,605.45 $30,605.45 Terrorism Incident Prevention Equipment Miramar Alert/Notification System; AEL #131T-00-ALRT; Line item 2016-54 1 $5,923.64 $5,923.64 Miami Regional Emergency Notification System; AEL #131T- 00-ALRT; Line item 2016-68 1 $59,236.36 $59,236.36 i Physical Security Enhancement Equipment Miami Ethernet Secured @ Fire College for Redundant Communications for Miami's First Responders (18 months). This project will continue services for a Metro -Ethernet line that provides fast network connectivity between the City's network and the E911 backup center; AEL #14CI-01-COOP; Line item 2016-27 1 $10,860.00 $10,860.00 i _ Miami Law Enforcement Surveillance (CCTV) (The Closed Circuit TV project will allow the Miami Police Department the opportunity to deploy CCTV equipment in the area of soft targets and enhance our ability to deter and investigate terrorist activity; AEL # 14SW-01-VIDA,04HW-01-INHW, 04MD-03-DISP, 21GN-00-MAIN; Line item 2016-31 1 $177,709.09 j $177,709.09 Miami Dade Security Cameras and Access Controls at Miami Dade FR HQ Complex; AEL # 14SW-01-VIDA, 14SW- 01-PACS, 21GN-00-INST; Line item 2016-43 1 $286,309.09 $286,309.09 Sunrise Access Control at Fire Stations; AEL #14SW-01- PACS; Line item 2016-77 1 $35,541.82 $35,541.82 L j 061 Inspection and Screening Systemstw<.. , Anlm a1 p nd Plants 7 4 `. CBRNE Prevention and Response watercraft Miami Beach CBRNE Prevention and Response Police boat with inflatable hull and full cabin, AEL #17WC-00-BOAT, 1 $96,752.73 $96,752.73 Line item 2016-35 Miami Dade Open Center Console Vessel and Electronics; 1 $138,218.18 $138,218.18 AEL #17WC-00-BOAT; Line item 2016-42 'ZBRNE Aviatior%Equipment BRNE Logistical Supp4l%� fpment Hollywood Fold -out temporary shelter and standard 1 $59,832.68 $59,832.68 mobilizer; AEL #19GN-00-HSSF; Line item 2016-22 'intervention Equipment Miami Dade Forensic Response Team Unit Enhancements to include: 4 inflatable lighting towers, 4 portable generators, 2 alternate light source detectors, 2 camera 1 $32,481.27 $32,481.27 lenses; AEL # 20CS-02-UVLT, 20CS-02-SUPP, 030E-03- LTPA and 10GE-00-GENR; Line item 2016-39 Other authorized equipment costs (include any construction or renovation costs In this category, Written approval must be provided by FEMA prior to the use of any funds for construction or renovat on Coral Gables Maintenance/Sustainment/Repair/ Replacement for UASI Purchased Equipment; AEL #21GN- 1 $4,936.36 $4,936.36 00-MAIN; Line item 2016-09 Ft. Lauderdale EOC Enhancements to include digital control hardware server Enterprise Control System, tablets, LED monitors, video conferencing and its installation or 1 $70,984.91 i $70,984.91 maintenance, AEL #21GN-00-OCEQ, 21GN-00-MAIN, 06CP- 05-VCON, 04MD-03-DISP, 04HW-01-HHCD and 04HW-01- INHW, Line Item 2016-14 Ft. Lauderdale CERT to include: medical bags, CERT backpacks, radios, Awards, and Instructor OT; AEL #21GN- 1 $24,681.82 $24,681.82 00-CCEQ, and 19GN-00-BGPK, 06CP-01-PORT, 09ME-01- BAGM, Line item 2016-15 Key Biscayne Maintenance/Sustainment/Repair/ Replacement for UASI Purchased Equipment; AEL #21GN- 1 $16,171.53 $16,171.53 00-MAIN; Line item 2016-23 Miami Mai ntenance/Sustainment/Repal r/Replace ment for HSGP Purchased Equipment; AEL #21GN-00-MAIN, Line 1 $321,221.00 $321,221.00 item 2016-25 _ Miami EOC Enhancements/Maintenance/Sustainment, AEL 1 $78,981.83 $78,981.83 #21GN-00-OCEQ, Line item 2016-26 Miami Dade Fusion Center Operations to include 24 month license to Snaptrends Soclal Intelligence System; AEL 1 $24,681.82 $24,681.82 #21GN-00-OCEQ and 131T-00-DFSN; Line item 2016-40 Palm Beach County EOC Enhancements - IT Upgrades to include laptops, pcs, and ICS Software; AEL #21GN-00- 1 $132,203.72 $132,203.72 OCEQ, 04AP-05-CDSS and 04HW-01-INHW; Line item 2016- 56 40 Palm Beach Sheriffs Office Regional Fusion Center Operations to include computer hardware and peripherals, software maintenance, DHS sponsored Training, alert 1 $153,027.27 $153,027.27 system and TLO program support and office supplies/equipment; AEL #21GN-00-OCEQ, 04HW-01-INHW, 131T-00-INTL, 131T-00-ALRT; Line item 2016-66 Regional Citizen CorpslCERT Planning, Training Exercise and Equipment; AEL #21 GN-00-CCEQ, 19GN-00-BGPK, 1 $52,031.25 $52,031.25 21CR-00-MEDI, 06CP-01-PORT; Line Item 2016-70 TOTAL :EQUIPMENT�,PXPENDIT//U�yRES $3,552111,836.03 • V(/ ,1 � ill t� � � ,i..9 -^ E� Hiring of full-time or part-time staff or contractors/consultants: to assist with the management of the respective grant program; application requirements, and compliance with reporting and data collection requirements M & A Personnel, Line Item 2016-24 1 $257,925.00 $257,925.00 Development of operating plans for information collection and processing necessary to respond to DHSFFEMA 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. Backfill Costs also called "Overtime as Backfll" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA — approved activities outside their core responsibilities. Neither overtime nor backfiil 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 govemment 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 meefing- related expenses, please review the OJP Financial Guide at http://w,f^v.ojp.usdoi.gov/FinGuide). 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 agreement period: Recurring fees/charges associated with certain equipment, such as cell phones, faxes. Leasing and/or renting of space for newly hired personnel to administer programs within the grant program. TOTAL M&A EXPENDITURES $257,925.00 TOTAL EXPENDITURES 55,15a,soo.ao 41 ATTACHMENT B SCOPE OF WORK Sub -recipients must comply with all the requirements in 2 C.F.R. Part 200 (Uniform Adm'nistrative Requirements, Cost Principles; and Audit Requirements for Federal Awards), Funding is provided to perform eligible activities as identified in the Domestic Homeland Security - Federal Emergency Managemert Agency National Preparedness Directorate Fiscal Year 2016 Homeland Security Grant Program (HSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: Issue and Project Description Issue 41 - Urban Area Security Initiative (UASI): The UASI Program assists high -threat, hig- densi:y Urban Areas in efforts to Mild, sustain, and deliver the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. II. Categories and Eligible Activities FY2016 al:o.vable costs are divided ;nto the following categories: Planning, Organization, Exercise, Training, Equipment and Management and Administration are allowable categories in this Agreement. Each categorys allowable -costs have been listed in the "Budget Detail Worksheet" above. A. Allowable Planning Related Costs • UASI fern: s may be usea for a range of emergency preparedness and management planning activities and such as those associated with the development of the THIRA, SPR, cortiru ty of operations plans and other planning activities that support the Goal and plac'rg an emphasis on updating and maintaining a current EOP that conforms to the guidelines outi;red in CPG 101 v 2.0. • Developing hazard.`:hreat-specific annexes that incorporate the range of prevention, protection, response, and recovery activities • Deve'oping and imolementng homeland security support programs and adopting DHSIFEMA national initiatives • Developing related terrorism and other catastrophic event prevention activities • Developing and enhancing plans and protocols • Developing or conducting assessments • Hiring of full- or part-time staff or contracL`consultants to assist with p:ann'.ng activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) • Materials required tc conduct planning activities • Travel/per diem reia'ed to planning activities • Overtime and backfili costs (in accordance with operational Cost Guidance) • Issuance of WHTI-compliant Tribal Identification card • Activities to achieve planning inclusive of people with disabilities • Coordination with Citizen Corps Councils for public information/education and development of volunteer programs Additional Planning Information FEMA's National Preparedness Directorate (NPD) offers technical assistance (TA) that is designed to provide sub -recipients and sub -sub -recipients with specialized expertise to improve their emergency plans and planning. TA deliveries are designed specifically to improve and 42 enhance the continu'rg development of state and local eme-gency management across the five mission areas of the National Preparedness Goal and across all core capabiRies. TA provides the opportunity to engage emergency managers, emergency planners, and appropriate decision - makers in open discussion of options to improve plans and planning in light of their jurisdiction's needs. There is no cost to approved jurisdictions for DHSiFEMA TA. TA deliveries combine current emergency management best practices Nrith practical cons`deration of emerging trends, through discussion facilitated by DHS FEMA contract specialists and with the support of FEMA Region operational specialists, Whi!e the invitation of participants Is up to the requesting jurisdiction, DHS/FEMA encourages requesting jurisdictions to include the broadest practical range of its emergency managers and planners in all TA deliveries. TA deliveries should be made open to neighboring jurisdictions. As necessary; DHS/F2MA may also invite other Federal experts and practitioners to participate. Additionally, peer -to -peer representation may a'so be included from other jurisdictions that have recently used TA for the same planning issue. The TA catalog, showing the `sill range of TA available across ail five mission areas and by al providers, and the TA request form can be accessed at http:;/w,+rnr.feria.govinat:onai-incident- management-system/fema-technical-assistance-division. B. Organization (SHSP and UASI Only) Organizational activities include: • Program management; • Development or bvi,ole community partnerships, thro-- , groups sdch a; Citizen Corp Councils; • Structures and mecharisms for information sharing bet` seen the public and private sector; • Implementing rnode.s, programs, and workforce enhancement initiatives to address ideological'y-inspi,ed radicalization to violence in the homeland; • Tools, resources and activities that facilitate shared situational awareness betweer: the public and private sectors; • Operational Support; • Utilization of standardizec resource management concepts such as typing, inventorying, organiz'ng, and tracking to facilitate the dispatch, deployment, and recovery of resources before, during, and after an incident; • Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or reeds in resulting from a National Special Security Event; and • Paying salaries and ber:efits for personnel to same as qualified intelligence aralysts. States and Urban Areas must justify proposed expenditures of SHSP or UASI funds to suppor. organization activities within their L) submission. All SAAs are allowed to utilize up to 50 percent (50%) of their SHSP funding and all Urban Areas are allowed up to 50 percent (50%) of their UASI funding for personnel costs. At the request of a sub -recipient of a grant, the FEf;tA Administrator may grant a waiver of the 50 percent (50%) limitation noted above. Request for waivers to the personnel cap must be submitted by the SAA to GPD in writing on official letterhead, with the following information: • Doc .,mentatior explaining why the cap should be waived; • Conditions under which the request is being submitted; and 43 • A budget and method of calculation pf personnel costs both in percentages of the grant award and in total dollar amount. To avoid supplanting issues, the request Must also include a three year staffing history for the requesting entity. Organizational activities urder SHSP and UASI include: • 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 inform ation/lntell gence sharing capabilities, as well as support existing intelligence analysts previously covered by SHSP or UASI funding. In order to be hired as an inteligence analyst, staff and/or contractor personnel must meet at least one of the following criteria: o Successfully complete training to ensure baseline proficiency in intelligence analysis and production within six months of being hired; and/or, c Previously served as an intelligence analyst for a minimum of two years either in a Federal intelligence agency, tl^e military, or State andior local law enforcement intelligence unit As identified in the Maturation and Enhancement of State and Major Urban Area Fusion Centers priority, aI; fusion center analytic personnel must demonstrate qua!ifcations that meet or exceed competencies identified in .the Common Competencies for.State, Local, and Tribal tntefligence. Analysts, which outlires the minimum categories of training needed for intelligence analysts. A certificate of complet;or of such training rr%st be on file with the SAA and must be made available to the grantee's respective Headq: arters Program Analyst upon request. In addition to these training requirements, fusion centers should a;so continue to mature their anaiytic capabilit es by addressing gaps in analytic capability identified during the fusion center's annual assessrrert. 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. A;lowable 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 of2002), DHS Border Enforcement Security Task Forces, and Integrated Border Enforcement Teams. Grant funding can only be used in proportion to the Federal man- hour estimate, and only after funding for these activities from other Federal sources (i.e., FBI JTTF payments to State and local agencies) has been exhausted. Under no circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal source. 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. SHSP or UASI funds 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: e Back,ill and overtime expenses for staffing State or Major Urban Area fusion centers; Hiring of contracted security for critical infrastructure sites; Participation in Regional Resiliency Assessment Program (RRAP) activities; Public safety overtime; 44 Tide 32 or State Active Duty Nationai Guard deployments to protect critical infrastructure sites. including a.l resources that are part of the standard National Guard dep'oyment package (Note: Consumable costs, suer as fuel expenses, are not al;ovved except as part of the standard National Guard deployment package); and Increased border security activities in coordination with CBP SHSP or UASI funds may only be spent for operational overtime costs upon prior approval provided in wrting by the FENIA Administrator per Instructions in IB 379. C. Allowable Exercise Related Costs Exercises conducted with grant funding should be managed and conducted consistent with HSEEP, HSEEP guidance for exercise design, development, conduct, eva'uation, a-,d improvement planning is located at https:/,,vw,,,v.fema.govlexercise. • Design, Develop, Conduct, and Evaluate an Exercise • Full- or part-time staff, or contractors/consultants • Overtime and backfill costs, including expenses for part-time and volunteer emergency response personne' participating in DHSIFEMA exercises • Implementation of HSEEP _ shcJvit* to achieve exercises inclusive Y oeople_wit h_disab'i;ties • Travel • Supplies associated with ailowable approved exereses • Intero.oerable comm.;rications exercises Additional Exercise Information Sub -recipients that decide to use F'.SGP funds to conduct an exercise(s) are encouraged to compete a progressive exercise ser'es. Exercises conducted by states aid Urban Areas may be used to fulfil similar exercise requiremerts requ'red by other grant programs. Sub -recipients are encouraged to invite represertatives'pianners irvolved wish other Federa,ly-manda'ed or. rivate exercise activities. States and Urban Areas are encouraged to share, at a r,inimu!r, tl-e multi -yea trairing and exerc,se schedule with those departments, agercies, and organizations included in the plan. • Exercise Scenarios. The scenarios used in HSGP-funded exercises must be based on t, e state;'Urban Area's THIRA and SPR. The scenarios used in HSGP-funded exercises must focus on validating capabilities, m;,st be large enough in scope and size to exercise multiple activities and warrant involvement from multiple Jurisdictions and discipl'nes and non -governmental organizations, and take into account the needs and requirements for individuals with disabilities. Exercise scenarios should aligr with priorities and capabilities identified in the Multi -year TEP. • Special Event Planning. If a state or Urban Area will be hosting a special event (e.g., Super Bowt, G-8 Summit), the special event planning should be considered as a training or exercise activity for the purpose V the Multi -year TEP. The state or Urban Area should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for those events. 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. • Regional Exercises. States should also anticipate participating in at least one Regional Exercise annually. States must include all confirmed or planned speciaf events in the Multi -year TEP. 45 Role of Non -Governmental Entities in Exercises. Non -governmental participation in all levels of exercises is strongly encouraged. Leaders from non -governmental entities should be included in the planning, design, and evaluation of an exercise. State, local, Tribal, and territoria. jurisdictions are encouraged to develop exercises that test the integrafon and use of non- governmental resources provided by non -governmental entities, defined as the private sector and private non-profit, faith -based, comrnunity, particpation in exercises should be coordinated with the local Citizen Corps Council(s) or their equivalent and other partner agencies. FDEM State Training Office conditions for Exercises: For the purposes of this Agreement, any exercise which Is compliant with FISEEP standards and contained in the State of Florida (and County or Regional) MYTEP qualifies as an authorized exercise. The Sub -recipient can successfully complete an authorized exercise either by attending or conducting that exercise. • In order to receive payment for successfully attending an authorized exercise, the Sub -recipient must provide the Division with a certificate of comp;etion or similar correspondence signed by the individual in charge of the exercise; adflionally the Sub -recipient must provide the Division wit: - all receipts that document the costs incurred by the Sub -recipient in order to attend the exercise. In order the receive payment for successfully conducting an authorized exercise. the Sub- recipier,t must provide the Division with an ExPLAN, AAR/IP, IPC/MPC(FPC Meeting Minutes anc Sign -in Sheet for exercise attendees; additiorally, the Sub -recipient must provide the Division with al receipts that document the costs incurred by the Sub -recipient in order to conduct the exercise. The Sub -recipient must include with the reimbursement package a separate copy of the pages) from the E.xarcise Pion which identifies the participant agencies and a printed page(s) from the State (ard County or Regional) MYTEP reflecting the exercise. • if you require foodiwater for this event, request must come to the Division within 25 days of event in the following format: Exercise Title: Location: Exercise Date' Exercise Schedule: Estimated Number of Participants that will be fed: Estimated Cost for foodiwater: Description of the Exercise: Unauthorized Exercise Costs • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles); medical supplies, and emergency response apoaratus (e.g., fire trucks, ambulances). • Equipment that is purchased for permanent installation andior use, beyond the scope of the conclusion of the exercise (e.g., electronic messaging signs). D. Allowable Training Related Costs Allowable training -related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP and UASi programs and/or in conjunction with emergency preparedness training by other'Federal agencies (e.g., HHS and DOT). Training conducted using HSGP funds should address a performance gap identified through an AAMP or other assessments (e.g., National 46 Emergency Communications Plan NECP Goal Assessments) and contribute to building a capability that will be eva;uated through a formal exercise. Any training or training gaps, including those for children; older adults, pregnant women, and individuals with disabilit°es and others who also have or access and functional reeds, should be identified in the AARIP and addressed in the state or Urba^ Area training cycle. Sub -recipients are encouraged to use existing training rather than developing new courses. When developing new courses, sub -recipients are encouraged to apply the Analysis, Design, Development, implementation and Evaluation mcdel of instructional design using the Course Development Tool. • Overtime and backfli for emergency preparedness and response personnel attending DHSiFEMA-sponsored and approved training classes • Overtime and bacKil expenses for part-time and volunteer emergency response personnel par:icipat ng in DHS!FE✓}A t�aininc • Training workshops and conferences • Activities to achieve training inclusive of people Mth disabilities • Full- or part-time staff or contractors% consultants — - Travel . • Supplies associated with allowable approved training that are expended or consumed during the course of the pla^ring and co^duct of the exercise project(s) • Instructor certification/re-certification • Cooroination with Citizen Corps Councils in conducting tra`ning exercises • interoperabie comrnunicat;ors training Additional Training information Per DHSIFENIA Grant Programs Directorate Policy FP 207-006-064-9, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, issued on September 9, 2013, states, territories; Tribal entities and urban areas are no longer required to request approval. from FEMA for personnei to attend non-DHS FENIA training as long as the training is coordinated with and approved by the state, territory, Tribal or Urban Area Training Point of Contact (TPOC) and falls within the FENIA mission scope ar•d the jurisdiction's Emergency Operations Plan (EOP). The only exception to this policy is for Countering Violent Extremism courses. DHS/FENIA will conduct periodic revie,vs of ail state, territory, and Urban Area training funded by DHSIFEiviA. These reviews may include requests for ail course materials and physical observa'.ion of; or participation in, the funded training. If these reviews determine that courses are outside the scope of this guidance, sub -recipients will. be asked to repay grant funds expended in support of those efforts. For further information on developing courses using the instructional design methodology and tools that can facilitate the process, SAAs and TPOCs are encouraged to review the NTED Responder Training Development Center (RTDC) website. DHSIFEMA Provided Training. These trainings include programs or courses developed for and delivered by institutions and organizations funded by DHS/FEMA. This includes the Center for 47 Domestic Preparedness (CDP), the Emergency Management Institute (EMI), and the National Training and Education Division's (NTED) training partner programs including, the Continu'ng Training Grants, the National Domestic Preparedness Consortium (NDPC) and the Rural Domestic Preparedness Consortium (RDPC). Approved State and Federal Sponsored Course Catalogue. This catalogue lists state and Federal sponsored courses that fall within the DHS!FEMA mission scope, and have been approved through the FEMA course review and approval process. An updated version of this catalog can be accessed at http:J/vvvnv.firstrespondertraining.go✓. Training Not Provided by DHS/FEMA. These trainings nclude courses that are either state sponsored or Federal sponsored (non-DHS/FEMA), coordinated and approved by the SAA or their designated TPOC, and fall within the DHSlFEMA mission scope to prepare state, local, Tribal, and territorial personnel to prevent, protect against, mitigate, respond to, and recover from acts o` terrorism or catastrophic events. • State Sponsored Courses. These courses are developed for and/or delivered by institutions or organizations other than Federal entities or DHS/FEN1A and are sponsored by the SAA or their designated TPOC. • Joint Training and Exercises with the Public and Private Sectors. These courses are sponsored and coordinated by private sector entities to enhance public -private partnerships for training personnel to prevent, protect against, mitigate, respond to; and recover from acts of terrorism or catastrophic- events. Overtime pay for first responders and emergency managers who participate in public -private training and exercises is allowable. In addition, States. territories, Tribes, and Urban Areas are e:,co:.raged to incorporate the private secto, in government -sponsored trainirg and exercises. Addi-.ionai in°ofmation on both DHS`; EMA provided training and other federal and state tra nlrg car be found a, http:,,',ti nv.firstrespondertraining.gov. Training Information Reporting System ("Web -Forms"). Web -Forms is a-, electronic form/data management system built to assist the SAA and Its designated State, territory and Triba Training Point of Contact (TPOC). Reporting training activities through Web -Forms is rot required under FY 2016 HSGP, however, the system remains available and can be accessed through the FEMA Toolkit located at http://vpYvv/.firstrespondertrain'ng.gov/admnIn in order to support grantees in their own tracking of training. FDEM State Training Office conditions: For the pu•poses of this Agreement, any training course listed on the DHS approved course catalog qua'ifies as an authorized course. The Sub - recipient can successfully complete an authorized course either by attending or conducting that course. • In order to receive payment for successfully attending an authorized training course, the Sub -recipient must provide the Division with a certificate of course comp'etion; additionally, the Sub -recipient must provide the Division with all receipts that document the costs incurred by the Sub -recipient in order to attend the course. • In order the receive payment for successfully conducting an authorized course, the Sub -recipient must provide the Division with the course materials and a roster sign -in sheet; additionally, the Sub -recipient must provide the Division with all receipts that document the costs incurred by the Sub -recipient in order to conduct the course." 48 • For courses that are non-DHS approved training, sub -recipient must request approva! to conduct training tnroug^ the use of the Non-TED Form and provide a copy, along with email, showing approval granted for conduct. • For the conduct of training workshops, sub-recip'ent must provide a copy of the co.;re materials and sign -in sheets. The number of participants must be a minimum of 15 in order to iustify the cost of holding a course. For questiois regarding adequate number of participants please contact the FDEM State Training Officer for course speck guidance. Unless the sub -recipient receives advance written approval from the State Training Officer for the number of participants, th en the Division will reduce the amount authorized for reimbursement on a pro-rata bass for any training with less than 15 participants. • The Sub -recipient must Irciude wi;n the reimbursement package a separate copy of the page(s) from the State (and County or Regional) MYfEP reflecting the training. E. Equipment Acquisition The 2' allowable prevention, protection, mitigation, response; and recovery equipment - categories and equipment standards for .HSGP.are. listed on the Authorized Equipment__ List (AEL) available at htta:fema ao�/'authorized-equipment fist, Unless otherwise stated. equipment must meet all mandatory regulatory and/or DHS,'FEMA-adopted standards to be eligible for purchase using these funds. In addition,, age -,ties -vO', be responsib'e for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Grant funds may be used fo- the procurement of medical countermeasures. Procurement of medical countermeasures must be conducted in collaboration with State/city.'local health departments who admirister Federal funds from HHS for this purpose. Procurement must have a sound threat based justification with an aim to reduce t`le consequences of mass casualty incidents durirg the first crucial nours of a respo^se. Prior to procuring pharmaceut:ca!s, grantees must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. Grantees are ercouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposa' of expired drugs within each fiscal year's the period of performance for HSGP. The cost of disposal cannot be carried over to another DHS/FEMA grant or grant perod. The equipment, goods, and supplies ("the eligible equipment") purchased with funds provided under this agreement are for the purposes specified in "Florida's Domestic Security Strategy". Equipment purchased with these funds will be utilized in the event of emergencies, incl.iding. but not limited to, terrorism -related hazards. The sub -recipient shall place the equipment throughout the State of Florida in such a manner that, in the event o= an emergency, the equipment can be deployed or, the scene of the emergency or be available for use at a fixed location within two (2) hours of a request for said deployment. The Florida Division of Emergency Management (FOEM) must approve any purchases of equipment not itemized in a project's approved budget in advance of the purchase. Tne sub -recipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Domestic Security 49 Strategy," ensure that all equipment purchased with these funds is used to respond to any and all incidents within its reglonal response area as applicable for so long as :his Agreement remains in effect. Prior to requesting a response, the FDEM will take prudent and appropriate action to determine that the leve'. or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. The sub -recipient shall notify the FDEM Office of Domestic Preparedness at 2555 Shumard Oak Blvd., Tallahassee, Florida 32399 one year in advance of the expiration of the equipmerVs posted shelf -life or normal life expectancy or when it has been expended. The sub -recipient shall notify the FDEM immediately if the equipment is destroyed, lost, or stolen. The sub -recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, ercurnber or otherwise dispose of the eligible equipment without the prior written consent of the FDEM. F. Management and Administration - no more than 5% of each sub -recipient's total aviard 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 wi-h application requirements - To assist with'the-Mmpllalty W0 repo-t;ng'and-da'a Collection, requirements Development of operating plans for information collection and processing necessary to respond to FEMA data calls Overtime costs - Overtime are allowable for personnel to participate in information, irvestigative, 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 fusior activities inciuding anti- terrorism task forces, Joint Terrorsm Task Forces (JTTFs), Area Maritime Security Committees (as required by Maritime Transportation Security Act of 2002), DHS Border Enforcement Security Task Forces, and Integrated Border Enforcement Teams Grant funding can only be used in proportion to the Federal man-hour estimate, and only after funding for these activities from other Federal sources (i.e. FBI JTTF payments to State and local agencies) has been exhausted. Under no circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal source. 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. FY 2016 SHSP or UASI funds for organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastructures sites in the following authorized categories: • Backfill and overtime expenses (as defined in FOA) for staffing State or Major Urban Area fusion centers; • Hiring of contracted security for critical infrastructure sites; • Public safety overtime (as defined in FOA) • Title 21 or State Active Duty National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package); and 50 • Increased border security activit es in coordination with CPB, as outlined in Information Bulletin 135, FY 2016 UASI funds may only be spent for operational overtime costs upon prior approva! provided in vvTiting by the FEIVIA Admirrst•ator. Travel expenses Meeting -related expenses (For a complete list of aliowabie meeting -related expenses, please review the OJP Finarcia! Glade at htto:Utiwrry o'o usdoi -gov/FinGjide). 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 imp'emertation of the homeland security strategy 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 -hired personnel during the period of - performance of the grant program G. Procurement All procurement transactions will be conducted in a manner providing full and open compettion and steal! comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • any local procurement policy. To t:,ie extent that one standard is more stringent than another, the sub -sub -recipient must follow the more stringent standard. For example, if a State statute imposes a stricter requ rement than a Federal regulation, they. the sub -sub -recipient must a&ere to the requ!rements of the State statute. The Division shall pre -approve all scopes of work for projects funded under this agreement. Additionally, the sub -sub -recipient shall not execute a piggy -back contract unless the Division has approved the scope of work contained in the original contract that forms the basis for the piggy -back contract. Also, in order to receive reimbursement from the Division, the sub -sub - recipient must provide the Division with a suspension and debarment form for each vendor that performed work under the agreement. Furthermore, if requested by the Division, the sub - sub -recipient shall provide copies of solicitation documents including responses and justification of vendor selection. H. Piggy -backing The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The existing contract must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of 51 the new contract, including the scope of work, must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in scope or volume of goods or services. An agency rray not use the preexisting contract merely as a `basis to begin negot'ations" for a broader or materially different contract. Section 215.971, Florida Statutes Statutory changes enacted by the Legislature impose additional requirements on grant and sub -sub -recipient agreements funded with Federal or State financial assistance. In pertinent part, Section 215.97(1) states: An agency agreement that provides state financial assistance to a sub - recipient or sub -sub -recipient, as those terms are defined in s. 215.97, or that provides federal financial assistance to a sub -sub -recipient, as defined by appFcable United States Office of Management and Budget circulars, must include all of the following: • A provision specifying a scope of work that clearly establishes the tasks that the sub -recipient or sub -sub -recipient is required to perform. • A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to _ he scope of -.york.and speciTyaha required minimum level of service _.. - - to be performed and the criteria for evaluating the successful completion of each deliverable. • A provision specifying the financial consequences that apply if the sub -recipient or sub -sub -recipient fails to perform the minimum lee' of se -vice required by the agreement. The provision car. be excluded from the agreement only if financial consequences are prohibited by ,he federal agency awarding the grant. Funds refunded to a state agency frog a sub -recipient or sub -sub -recipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. A provision specifying that a sub -recipient or sub -sub -recipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. • A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. • A provision specifying that any funds paid in excess of the amount to which the sub -recipient or sub -sub -recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. • Any additional information required pursuant to s. 215.97. Overtime and Backfill The entire amount of overtime costs, including payments related to backfi1ing personnel, which are the direct result of time spent on the design, development, and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment `.or such services is in accordance with the policies of the State or units) 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 52 from an award for a sin& period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Requests for overtime or backfiii must be reduced by the number of hours of leave taken in the pay period. For the purposes of this agreement, leave and pay period are defined according to the Fair Labor Standards Act (FLSA). Failure to comply Failure to comply vo'th any of the provisions outlined above shaa result in d;sallowarce of reimbursement for expenditures. Unallowable Costs (SHSP, UASI and OPSG) Per FENIA policy, the purchase of weapons and weapons accessories is not asowed with HSGP. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within thirty (30) days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life or this contract. • If a report(s) is delinquent, future financier reimbursements will be withheld until the Sub -recipient's reporting is current. • if a report goes two (2) consecutive quarters without Sub -recipient reflecting any activ_ty qnd/or no expenditures *11 likely result -in _Lermfnatl9r ol.tihe.agre 'g ent,_ Programmatic Reportin Schedule i Reporting Period Report due to FDEM no later than i January 1 through March 31 April 30 j Aril 1 through June 30 July 31 Juiy 1 through September 30 i October 31 October 1 throu h December 31 January 31 2. Programmatic Reporting-BSIR Biannua! Strategic Imolementat on Report: After the end of each reporting period, for the life of the contract unless directed otherwVse, the SAA, will complete the Biannual Strategic Implementation Report in the Grants Reporting Tod (GRT) https://Unniri.reportinc.odp.dhs,gov. The reporting periods are January i-June 30 and July 1-December 31. Data entry is scheduled for December', 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 sen: to your grant manager for revie;v and approval at any time during the contract period. Reimbursements must be requested within ninety (90) calendar days of expenditure of funds, and quarterly at a minimum. Fai":ure to submit request for reimbursement within ninety (90) calendars of expenditure shall result in denial of reimbursement. The Sub - 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 53 K i Budge`". A fine item number is to be included for every dollar amount :isted in the "Detail of Claims' form. 4. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than sixty (60) calendar days after the agreement is either completed or the agreement has expired. Procirammatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Michael J. Day Felicia Pinnock FDEM FDEM 2555 Shumard Oak Bird. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 488-3133 (850) 410-3457 Nl;chael.Day@em.myilorida.com Felicia.Pinnock em.m or'da.com L. Contractual Responsibilities • The FDEM sha`i determine eligibility of projects and approve changes in scope of work. • The FDEM shad administer the financial processes. 54 ATTACHMENT C DELIVERABLES AND PERFORMANCE Urban Area Security Initiative (UASI): The UASI program supports the implementation of risk driven, capabilities -based planning, organization, equipment, training, and exercise needs of high -threat and high -density Urban Areas based on the capability targets set in Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs). The capability levels are assessed in the State Preparedness Report (SPR) and inform planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. Planning Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub - recipient for the actual cost of successfully completing Planning activities consistent with the guidelines contained in the Comprehensive Planning Guide CPG 104 v.2. For additional information, please see http://",w.fema.gov/pdf/abouVdivisions/nod/CPG 101 V2 odf or grant guidance (Notice of Funding Opportunity), Foe the purposes of this Agreement, any planning activity such as those associated with the Threat and Hazard identification and Risk Analysis (THIRA), State Preparedness Report (SPR), and other planning activities that support the National Preparedness Goa! (NPG) and place an emphasis on updating and maintaining a current Emergency Operations Plan (EDP) are eligible. The Sub -recipient can successfully complete a planning activity either by creating or updating such plan(s). '= - "C5'rganiiation'beifver`alilei Sib;ectfo t'ie furidirg Ifmitations of tfus=Agreer'rient—the Division shall Seim-bufse"the�u�="=""- T' -'- recipient for the actual eligible costs for Personnel, Intelligence Analysts, Overtime and Operational Overtime. Exercise Deliverable: Subject to Oe funding limitations of this Agreement, the Division shall reimburse the Sub - recipient for the actua! cost of successfully completing an exercise which meets the Department of Homeland Securty Homeland Security Exercise and Evaluation Program (HSEE?) standards and is listed in A) the State of Florida Multi -Year Training & Exercise Plan. (MYTEP), and B) County or Regional TEP for the region in which the sub -sub -recipient is geograph cally located, information related to TEPs and HSEEP compliance can be found online at: https://awrnv.11's.dhs.aov/hseeo. For the purposes of this Agreemert, any exercise which is compliant with HSEEP standards and contained in the State of =lorida MvTEP qualifies as an authorized exercise. The Sub -recipient can successfully complete an authorized exercise either by attending or conducting that exercise. Training Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub - recipient for the actual cost of successfully completing a training course listed on the Department of Homeland Security (DHS) approved course catalog. For non-DHS approved courses the sub -recipient shall obtain advance FDEM approvai using the Non-TED form by contacting their grant manager. The DHS course catalog is available online at: http://`raininci.fema_Qov/. For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub -recipient can successfully complete an authorized course either by attending or conducting that course. Equipment Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub - recipient for the actual cost of purchasing an item identified in the approved project funding template and budget of this agreement and listed on the DHS Authorized Equipment List (AEL). For the purposes of this Agreement, any item listed on the AEL qualifies as an authorized item. The 21 alowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed or the web -based version of the Authorized Equipment List (AEL) on the Lessons Learned Information System at htto:/Ibeta.fama.go,//authodzed- eauioment-list. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. 55 i I Costs for allowable items will be reimbursed if incurred and completed within the period of performance, in accordance with the Scope of Work, Attachment B of this agreement. 56 ATTACHMENT D PROGRAM STATUTES AND REGULATIONS 1) Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq. 2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) Chapter 252, Florida Statutes 6) Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 of seq. 7) Title Vill of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. 8) Copyright notice 17 U.S.C. §§ 401 or 402 9) Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200 10)Debarment and Suspension Executive Orders 12549 and 12689 11)Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12)Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13)Energy Policy and Conservation Act 42 U.S.C. § 6201 14)False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38 U.S.C._§ 3801-3812_______.____-_..___.__-- 15)Fly America Act of 1974-49 U.S.C.-§ 41102 also 49-U.S.C.-§-40118 16)Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a 17)Lobbying Prohibitions 31 U.S.C. § 1352 18)Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. 19)Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20)Terrorist Financing Executive Order 13224 21)Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. § 1681 et seq. 22)Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 23)Rehab ilitation Act of 1973 Section 504, 29 U.S.C. § 794 24)USA Patriot Act of 2001 18 U.S.C. § 175-172c 25)Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. § § 4304 and 4310 26)53 Federal Register 8034 27)Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 57 i 1 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ j ADVANCE REQUESTED Advance payment of S is requested. Balance of payments'will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment, We wou'.d not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS i 20_-20_ Anticipated Expenditures for First Three Months (90 (list applicable line items) days) of Funding Agreement For-example— ADMINISTRATIVECOSTS j (Include Secondary Administration.) II PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the Funding Agreement term. Supporting documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the Funding Agreement term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 58 ATTACHMENT F WARRANTIES AND REPRESENTATIONS i i Financial Management The Sub -Recipient's financial management system must comply with 2 C,F,R. §200.302. f Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements —Procurement Standards (2 C.F.R. §§200,317 through 200:326). Codes of conduct. The Sub -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 adminlstr atlon 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 firanciai or other interest in the'irm selected for an award. The officers, employees, and agents of the Sub -recipient shall neither solic't nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shaC provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Sub -recipient. Business Hours The Sub -recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from ,► tVVx-�V t OON-kt - rj r Otl fO,i. Licensing and Permitting All subcontractors or employees hired by the Sub -recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -recipient. 59 ATTACHMENT G Subcontractor Covered Transactions (1) The prospective subcontractor or the Sub -recipient, certifies, by submission of this documen`, that neither it nor its principals is presently debarred, suspended, proposed for debarment, deciared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this fo,m. SUBCONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Date Sub -recipient's Name FDEMI Contract Number Project Number ME ATTACHMENT H STATEMENT OF ASSURANCES All of the instructions, guidance, limitations, and other conflions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your awa, d. Al sub -recipients must comply with any such requirements set forth in the program NOFO. All sub -recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through ron-Federal sources. All sub -recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditioris of the Federal awards, or for other reasons. However, this prohib'tion would not preclude a sub -recipient from shifting costs that are allowable under two or more Federal awards in acco,dance with existing Federal statutes, regulations, or the terms and conditions of the Federal award, Sub -recipients are req fired Eo comolyb�iith the requiF&- ents set fortiin tie government-wnese-A.4ar_d Terr7 regarding the System for Award Management and Uriversai Identifier Requirements located at 2 C.F.R. Part 25, Appendix A: tFe "if! text of which incorporated here by reference in the terms and conditions of your award. All sub -recipients must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, information, facilities, and staff. 1, Sub -recipient must cooperate with any compliance review or compliant investigation, conducted by the State Administrative Agency or DHS. 2. Sub -recipient will give the State Administrative Agency, DHS or through any aithorized representative, access to and the right to examine and copy records, accourts, and books, papers, or documents related to the grant. 3. Sub -recipient must submit timely, complete, and accurate reports to the FDEM and maintain appropriate backup documentation to support reports. Sub -recipients should also comply with all other special reporting, data collection and evaluation requirements, as prescribes by law or detailed in program guidance. 4. If, during the past three years, the sub -recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the sub -recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to FDEM for forwarding to the DHS awarding office and the DHS Component. 5. 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 sub -recipient of funds, the sub-reciplent will forward a copy of the finding to the Office for Civil Rights,Office of Justice Programs. 61 6. Sub -recipient will acknowledge tneir.use of federal funding when issuing statements, press releases, and requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 7. Sub -recipient will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particu:arly those with whom they have family, business, or other ties. 8. Sub -recipient who receives awards made under programs that provide emergency communications equipment and its related activities must comply with SAFECOht Guidance for Emergency Communications Grants, including provis;ons on technical standards that ensure and enhance interoperable communications. 9. Sub -recipient wi'I ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accornpiishmert 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 corr..munica�lon from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 10. When original or replacement equipment acquired under this award by the sub -recipient is no to^ger needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from FDEM to make proper disposition of the equipment _._. pGrsuant to 2 C.F.R. Sections 200.313{,_._._.----._-.-__----- ATTACHMENT REIMBURSEMENT CHECKLIST PLANNING ❑ 1. Does the amount billed by consultant add up correctly? 2. Has all appropriate documentation to denote hours worked been properly signed? 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (Note - If a meeting was held by sub -recipient or contractor/consultant of sub -recipient, an agenda and signup sheet with meeting date must be included). ❑ 4. Has the invoice from consul tan ticontractor been included? (Note - grant agreement must be referenced on the invoice.) ❑ 5. Has proof of payment been included? Canceled check Electronic Funds Transfer (EFT) Confirmation Credit Card Sta'.ement & paymen: to credit card company for that statement ❑ 6 Has Attachment G (found within Agreement with FDEM) been completed for this contractor/consultant and included in the reimbursement package? ❑ 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) Consultants/Contractors (Note: this applies to contractors also billed under Organization) TRAINING —1. Is the course DHS approved? ❑ 2. Is there a course or catalog number? If not, has FDEM approved the non-DHS training? ❑ 3. Have Sign -In Sheets, Rosters and Agenda been provided? 63 4. if billing for overtime and/or backfill, has documentation been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? Have documentation from entity's financial system been provided as proof attendees vviere paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 5. Have the names on the sign -in sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought? ❑ 6. Has any expenditures occurred in support of the training such as printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment? If so, receipts and proof of payment must be submitted. Canceled check Electronic Funds Transfer (EFT) Confirmation -Credit .Card-Statement-&-payment-to-credit-card-company_fcr-that --- statement - - ❑ 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. Sole Source (approved by FDEfvl for purchases exceeding $25,000) State Contract (page showing contract #, price list)' Competitive bid results (e.g. Quotewire, bid tabulation page) EXERCISE —1. Has documentation been provided on the purpose/objectives of the exercise? Situation Manual Exercise Plan 2. if exercise has been conducted are the following included: After -action report Sign -in sheets Agenda Rosters Gl 3. if billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? 64 For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? ❑ 4. Have the names on the sign -in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought? ❑ 5. Have any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in support of the exercise? If so, receipts and proof of payment must be included. Canceled check Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement ❑ 6. Has any expenditures occurred on rental of spaceflocations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be included. Canceled check Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card ccmpany for that statement ❑ 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. Sole Source (approved by FDEb1 for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) EQUIPMENT 7 1. Have all invoices been included? ❑ 2, Has an AEL # been identified for each purchase? ❑ 3. If service/warranty expenses are listed, are they only for the performance period of the grant? ❑ 4. Has proof of payment been included? Canceled check Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement ❑ 5. If EHP form needed, has a copy of the approval DHS been included? ❑ 6. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. 65 Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) TRA VEUCONFERENCES ❑ 1. Have all receipts been turned in, itemized and do the dates on the receipts match travel dates? Airplane receipts Proof of mileage (Google or Yahoo map printout or mileage log) Toll and/or Parking receipts Hotel receipts (is there a zero balance?) Car rental receipts Registration fee receipts Note: Make sure that meals paid for by conference are not included in per diem amount ❑ 2. If travel is a conference has the conference agenda been included? _..__3. H�)q,prgof.of Gay_ment to traveler been_included� Canceled check _---------_____—�---�-__-._--_-._. _ Electronic Funds Transfer (EFT) Confirmation _ Credit Card Statement & payment to credit card company for that statement Copy of paycheck if reimbursed through payroll MATCHING FUNDS ❑ 1. Contributions are from Non Federal funding sources identified? ❑ 2. Contributions are from cash or in -kind contributions which may include training investments. ❑ 3 Contributions are not from salary, overtime or other operational costs unrelated to training. SALARY POSITIONS 1. Hasa signed timesheet by employee and supervisor included? 2. Has proof for time worked by the employee been included? Is time period summary included? Statement of Earnings Copy of Payroll Check Payroll Register For fusion center analysts, have the certification documents been provided to the SAA to demonstrate compliance with training and experience standards? 66 ORGANIZATION ❑ 1, If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? _ For backfill, has a clear delineation/cross reference been provided shoving who was backfilling who? FOR ALL REIMBURSEMENTS - THE FINAL CHECK ❑ 1. Have all relevant forms been completed and included with each request for reimbursement? ❑ 2. Have the costs incurred been charged to the appropriate POETE category? _ _ _ ___, . __ ❑ .. 3. _ Does.the total .on_all_Forms submitted_match..?._____��._._ ❑ 4. Has Reimbursement Form been signed by the Grant Manager and Financial Officer? 5. Has the reimbursement package been entered into sub -sub -recipients records/spreadsheet? ❑ 6. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? ❑ 7. If this purchase was made via Sole Source, have you included the approved Sole Source documentation and justification? ❑ 8. Do all of your vendors have a current W-9 (Tax Payer Identification) on file? Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. 67 ATTACHMENT J MONITORING GUIDELINES Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. The Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of grant activity and items purchased to ensure compliance with applicable Homeland Security Grant Program (HSGP) grant guidance and statutory regulations. The monitoring process is designed to assess a sub -recipient agency's compliance with applicable state and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on -site visits. There are Wic, primary areas reviewed during monitoring activities - financial and programmatic monitoring. Financial monitoring is the review of records associated with the purchase'and disposition of property, projects and contracts. Programmatic monitoring is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is the review of projects, financial activity and technical assistance between FDEM and the applicant via e-mail and telephone. On -Site Monitoring are actual visits to the sub -recipient agencies by Division representatives who examines records, procedures and equipment, Frequency of annual monitoring activity: Each year the FDEM will conduct monitoring based on a "Risk Assessment". The risk assessment tool is used to help in determining the priority of sub -recipients that should be reviewed and the level of monitoring that should be performed. It is important to note that althogh a given grant may be closed, it is still subject to either desk or on -site monitoring for a five (5) year period following closure. 6f:3 Areas that will be examined include: Management and administrative procedures; Grant folder maintenance; 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; Status of planning activity; Anticipated projected completion; Difficulties encountered in completing projects; Agency NIMS/ICS compliance documentation. - Equal Employment Opportunity (EEO Status); Procurement Policy - - FDENI may request additional monitoring/information of the activity, or lack thereof, generates questions from the region, the sponsoring agency or FDEM leadership. The metnod of gathering this information will be determined on a case -by -case basis. Desk monitoring is an on -going process. Sub -recipients will be required to participate in desk top monitoring as determined by FDEM. This contact will provide an opportunity to identify the need for technical assistance (TA) and,or a site visit if FDEM determines that a sub -recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant sub -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 FDEM for assistance. Examples of TA include but are not limited to; • Equipment selection or available vendors 69 • Eligibility of items or services • Coordination and partnership with other agencies within or outside the region or discipline • Record Keeping • Reporting Requirements • Documentation in support of a Request for Reimbursement On -Site Monitoring will be conducted by FDEIvt or designated personnel. On -site F Monitoring visits will be scheduled in advance with the sub -recipient agency POC designated in the grant agreement. FDEM will also conduct coordinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. I On -site Monitoring Protocol On -site Ivionitoring 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 financial/ programmatic on -site monitoring checklist to assist in the completion of all required tasks. Site Visit Preparation A letter will be sent to the sub -recipient agency Point of Contact (POC) outlining the date, time and purpose of the s?te visit before the planned arrival date. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. 70 On -Site Monitoring Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this t,'me, the purpose of the site visit and the items FDEM intends to examine wil! be identified. All objectives of the site visit will be explained during this time. FDEM personnel wiil review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item selected for review should be visualiy inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per sub -recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capital expenditures in excess of $1,000. per item). If an item is not available (being used during time of the site visit), the appropriate documentation - ` --' must-bero`videC to acc"o`unt'fb� that artidulaf iece c` P P _ P Y' �uipi`ie .t_ — ___-_� __ __ _ ___ _�___,___ _. _ - _ _. Other.programmatic issues can be diSCLSsed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questons, etc. Post Monitoring Visit FDENI personnel will review the on -site monitoringworksheets and backup documentation as a team and discuss the events of the on -site monitoring. Within thirty (30) calendar days of the site visit, a post monitoring letter 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 post monitoring letter to that effect will be generated and sent to the sub -recipient. The sub -recipient will submit a Corrective Action Plan within a timeframe as determined by FDEM. Noncompliance on behalf of sub -grantees is resolved by management under the terms of the Sub -Grant Agreement. The On -Site Monitoring report and a'I back up documentation will then be included in the sub - recipient's file. 71 ATTACHMEMT K EHP GUIDELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES The foi'cnrng types of projects are to be submitted to FEMA for compdance review under Federal environmarta? cianning and h-storic preseriaticn (EHP) laws and requirements prior io initiation of the project: flew Cers(rucbon, Installation and Renovation, 'nciud"jig but not lirrited to: o Emergercy Operation Centers Security Guard facilit;es o Equipment buildings (such as those azcornpanyirg eomm.;nicaron'o.vers) o Waterside Structures (such as dock hcuses, piers, etc.) • Piacing a repeater and/or other equipment on an, existing tcwer • Renovstlen of and modf9cation to build ncs and structures that are 50 years old or older Any other construction or renovation ef`ors that cnange or expand the footprint of a facifty or structure including security erharcemerts to improve perimeter securety Physical Security Enharcernents, including but not lirrited to: c Lighting o Fencing o Closed-circuit televisor: (CCTV) systems Motion detection systems _.__..__.—o—Barriers,_doors,.gatesand_related.saw6ty_enhanceren's_-___.._. in acdit++cn, the a's-V,on of ccmmurlaticns tourers that are ircluded'n a urisd'ctlon's ir,teroz;erable communications plan :s a; owed, suo;ect .c all Rnolicatie la`hs, regula`ions, and Ncersing provis:ons. Comcnurlcati.n tower projects must be submitted to FED:tA rem EHP DETERMINATION PROCESS Si_br-lit the Fina: Scree-i^g Memo to the SAA fur relr'err pr'.or to funds be;nc experdeJ, ti. Tine SAA will review and notify the s:;b-recipient of its decision. The grantee shoulJ Ircorporate su`fiwernt tone a-d resources ir.:o tlta project piarning process to accommodate EHP requirements. APPROVAL PROCESS TO FEMA 1. P-epare a formal wit:en Scope of Work %it; details outllred in the attached EHP Compliance Requiremer;s, page 2. II. T•ra Final Screening Nierro snouid be attached to all project inforrnaBor, sent to the Grant Programs Directorate (G'D) for an EHP regulatory compl'arce review. lil. Carnpiete the attached National Environmental Policy Act (NEPA) Compliance checklist I1. Precare maps irdicating the'oca'ionls) of proposed project (Guidance provide:) V- Tate phot1173phs of the location(s) of proposed project (GGldarce provided) Vi. Forward ali documents to the SAA, All documents are then forwarded to GPD electronically v'a the Certratized S chedutirg and information Desk (CSID) at askcsidCadhs.aov. VE, CS{D will serd an errai. confirming rece:pt of the project description. VIII, �EfriA Program Analyst sends notification to SAA when review is complete. SAA notifies sutrrecipiert of FEMNs final decision,, X, THE PROJECT MAY BEG'N ONCE FINAL FEMA APPROVAL iS RECEIVED. Grantee shcu."d incorporate s:,fclent time anc resources Into tFe project plarnfng process tic acaammadate EHP requirements. Grantees must receive writter approval from FEMA prior to the use of grant f:Jnds fcr project implementation. 72 ATTACHMEMT L MANDATORY CONTRACT PROVISIONS Any cortract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the require provisions. The Division provides the following list of sample provisions that may be required: OMB Gutdcnce M; D3As-Bu:on Aer, as amsrled AO U.S.C, 141-3142). 9l has m1alred by Fedaral program logirlation, all prime construction contra.:ts In excess of $2.000 awarded by non-Nderal enatle6 mast irwioia a provision for coirpli- anvo with the Dayta-Eaton Act (40 U.S.L. 3111-3t44, and 31ir.3148; u supptar.iont®d by Dertment of labor rejaia<toju, (20 OPR ?art 6. "IAL SUnddards Provslona Appli- cab4a t.r,: Contracts Covarin Fadorally Pl- nanced and A -'Water Corstrnctwn"). In ae- cvrd_artce with Uae s4tute, contra:itcrs must. be regnlred to pay wanes to laborars and me- chanics at a rota not Im than the prezailirg rates apsainL l it a wane dotamimtion mada by the Scclatara o: Labor- In addition, contracton moat be iequlrad to pay wages not lass thin once A weak. The non rwL- 2i watt" must piece a copy of the current pra- M111119 W30 datermlm, tlon Gssusd by the D gsrtmant of Labor in as ih a,:loltst;an. The '- `-6a-ctsian tsaxarda�nt;3c;-ar-subcantr3ct must to coaditionwt upon the acceptance of the wntra detorminatlan. Tea non-Podar3l rn- ttt7 mast raps:; ail st>rrarcad or rss.or:ai vtola.` .irz. to Caa Pa4cr3 alvarsllntt :+Ken:; . T;:e C)rtrsr.o w tat• aiao im.11i'e a Froc_sl�n -or cor VII-Ina with the CoFai:ad "Anti- Kl,:kba.k, Alt (4 U.S.C. 314a;, as supptc- :r::)nt,al b? Dopartm nt of labs rosrulssions i v CPR Part 3, "Contrz,.W" and Snb- ro:itra.,ori cn Public R»IALog or Publilc Work P:narced in 9vbo:a or In Part by Loan:; or Grants from the Uattxd State.'j. Tha A.,t provl9as tha, each contractor or z•Ai r.Llpiert must be prGLIb4ted from Induoing. by any mains, any prs;on egiployed in the conetrnc ion. =nPletl.on, or repair of pubf!a worS. to rive ap any part of the eomp,inm- tton to whiab he or she is othw^stse antttled, Tts non-Nderal entity must raport ail sus- p Aed or reportod violation; to tha Fedoras awardiro aganoy, (E) Cartmel. Mork Ifours and Safacy Starulanls A•.t 0.1 U.S.C. 3^7r-37081. Where apply ablo, all contracts awarded by Elsa non - Bodo -al entity in excoss of 5100SO that In- volrs the employment of meehmuL% or labor- ers most ircluda a provistea for compliance wttb 10 U,S.C. 3 12 and 3iO4, as supplemental by Dopartmfint of Labor wVaittions 1,29 Or^R Part bl. Under 40 U.S.G, =-I of the Act, gaol, contractor must be required to aempu:a the wngos of every mechan!o and laborer on the baste of a s andar3 work week of 40 hours. Work In excess of Era standard WOO( a^eek IS permissible provided the: the worker la oom- P;imstad at a rate of not laved than orut and a half linos the basic rata of pig for all boors worked In excess of 40 boars in the work w,rek. Tlw mqutrwr: w.ta of 40 U-S.C. "I are applicable W construetlon work and provide that no laboror or machante must be re- qu.raQ to work In surroundings or ender wor'xin; conditions which are anaarutary, ha:ardnus or daugprous. These requirements do act appi.- W tha purcham of supplies or Pt. 200, App. 11 satartsls or artl,;les ordinar-Lv available on the apes market, or wntrutts for transpfr- tation ar tr3.ramisatan of intelilgence. (F) Rights to Invanticna hfada Under a Cxtraet or Agreement. If tba Pederal away-1 meeta Lila definiticn of 'funding Weer aant" u.-rd9v 37 CPR 1,101,2 (al and the rectpient or sntractpter-t wtshas to enter into a coa.raet wlth a snail rusin+ss firm ar nooproflt oa'P- R=Itlon regarding the substitution of par- ties, assi�nniant or performance of exp*e- meaW. de,elopinmtti, or research work wider that `•fanding aarraement," the mclpl- eat or sabrocipimt, mast comply w+.th the �rv- vecy$noaOntins MadeNoeat "Rights omjutand Smal Business Firma Under Govern - want Grants, Contracts and Cooperative Agraoments," and any Implementing ragula- t'.ous ls.ued by tha awarding agancy, (0) Clean Air Act U2 U.S.C. 7401-7G71q.) Sad --the Pederal-W,,iar-PoUtit4w,-Coatrol Al-t (fit--- U.S.C.. MI-13Rn, as am-3udQd_--0ontr acts and sebgrants of amountl In axi.V.?s of 3150,OW must cantain a pro•iLncn that requires sae ron-Fsila-al award to neroe to compLy w:% all appL eabla stand"--, o-ctars or r-gnla- t:ams I=al Pursuant to Lia C14aa Air Act (4-^, U.S.C. 74ril-7e`71yi and the vwla ,l Water Pollution Costroi Art as amended (11 U S.G. 123-IX-7). Violations mast be rojorWd to Lhe Padersl alvantna agetiuy and the Ra donal Mice of the Fnvinnmantai Protection AKancv (&PAL). ta) Mande:ory stindaul and ooll.,,Ics rG- 33ttt" W eaaigy affhlency which are ccn- talned to the state energy consar7ation play. Issued in compliance with the anorZy Pahcy and Cowwrratioa hat (42 U.,S.C. Lod). (1) Debarment and Buspanston (Fzecattva Orders 1=0 and 1 VjL-A contract awacvi (sea 2 CPR 160.i1C•) must not be made to par- ties lis'ed on the governmantwida yccia?ed Partlas List System in the S,; stem for Aw;r;l Nilaagament (S. IIC. in accordance with the O&M 9�11dallres at 2 CFR IN that Irnplamint Exacutive Orders 12&Z (3 CFR, Part lag Comp., P. 190) anti L'S66D (3 CPR Fart INS Comp., p 233), "Debarment and Suspenalon." The Etcluded Parties List- System to SAM Contains tha names of parties debarred, sis- wndad, or otherwlra excluded by agencies, as well w pa.-tim daclarod uxwhgn is nr_dar stjt� rrtorg or ragulatory authority other than Bx- ecutive Ordar Mo. (S) B;rrd Antl-Lobbyin;i Amendment (2? UA.C. 135"}--Contractors that apply or bid for an award of II00,M or more must We the required oerttficatton. Pooh tier cercuYew to the tier "%,% that it will not and have not u.:od Fodalai appraprlatad funds to pay any person or omanizacion for Infiueniitng or at- temptitip to tnfluonos an offlcer or employee of any, agent,, a member of Congress, offl�r or amployee of Confirm, or an amployse of a member of Congrew In connection with ob- taining any Padersl cancrnct. ,grant or any 195 VIA] Pt. 200, App. HI other award coserad bg 3 VAG. 1352, Each tier malt also disclose aav lobbying ar:th non -Federal fund-: that takes Flaw in con- naation vith obtaining area• Fad-jr-al awv.l Sach disclosure✓• are forwarda+, from tear to t,_r sap to the n,u-Fad-*ai aatard. (K) See 12003'3 Fror-uranwat of race-r.d rr3Leri ens. AP---T. JLY III is PA-FLT 29C--NnmFY--r (F&A) C oasTs IDE3ri U ICAT76N AN-,; A351mao. r, AND RATE DETERmvu- TION FOR DsaTmu noirs of I31ctmR D—LiFCATICN ir.J•MS) T11:1 a;Fp4rdix p-o.ldes crt.ot:a for Matti- frtEg and corn;using lndirao« (or in(P•ecs IF")) rstea at fi4Es (lnstitrutlrrs}. indit�et (F3:=1) cos'_z ar3 th oza thm, are tnctirrad F.r •+;maven or 3r ins abieotl : s and tharsfors cannot be idesWIM resdtly and spactfit:ai17 with a parts u'.ar srpo.worad protect, art 1c- 3tracti3nal aGtirrty, or an7 other institn- tional actvnty. Sea subsecnlon B,1, I}afini- t¢on of Faitltl aad Adanlutstratton, fer a .._ _ _ . _ .. _ .._.. - ... _.� .._. _ _. _ ---- _dsssti;atcn�f-tt`>•s _catnpar.��� C,�lrsiit,:t (Fcr:1) rt1tS. 1. Akj'vT Functtons of =. lr vi'ruti.xe Rs;-G .0 tassr^actinn. orgax- it rasaar.h, oi:.-er s irincrad activllaz as1 other Iasi la- ttcnai a ti :etas as dafLi cl to laic a-tton: a. 1aV;!u10rt rraens the taaehlr- aad taalnln act -MI-ia of an institutliin. F=Qg.. for rezarch %:tuning as provl'k4 in seb- z4 Lion b. tics tars,=,lutles all teazh:= and t-mlat g a,;tn•lties. whether tha7 a:a ofi4red fer c rri'ta toward a degree or cortiftcata or on a non-cratitt bazis, and whether they arz offered through regular academia dapart- n:euts or saparsto such as a sum- m4r! S.:.hoo: dlvislen or an axfopsion divimon_ :olio consulared part of tbis Ymjor function are d epx mental re eainh, and, where SzrQ2d to, Iml entry m---1st•ch. (1,i 4onjorr-.d Gastrualan aad fro!nlnla m-sacs 9aar_ll:c ia.^,trueticn is or training uwett7 as- tahllsltrd b7 irrwit, cer._ract, or coaserat4v3 3 rserrent. For purpn4as of tha cost prn- cnpfe:i. this a Uvlti my be considerad a major fhnctmn a-avn though an tnstitatnon's ar conntln treatment may, include it, In the tnstruaclon function. (2) Deparaft^tat research moans r zanh. davefopirant� and st-hollirly aotiv'itias that 3'4 not or;anIzld research and, con- saquantly, ar•e act sor-tmtel3 budgatbl and a:aouried fer. Laparbmaatal ra-ma ch, for parpc3ris of this docs nAut. is not conalderad w a major function, but as a part of the in- structt3n function of the in tabution. b. OrjtrnLzad rvearch means ate C s2arcL anal deveinpm�nt actrrtttas of an tnstatutiin that are sepa=a a!7 budgetad and samunted for. It wcludes: 2 CFR Ch. H (1-1-14 Ediiton) tl) 3pe!morid sesaar:F rnaans ai! r@sw.--h and development ac:tivittes that are spon- aorad by Betiaral and non-Ftvleral 0gaa+7las and oiganlzatians. Th:a wrr. tnoludgs aati-0- t1* m7cflving the tralnln �! of todivldw's in raseamh teafiniquos (comnwrdy aailad ro- search trai:ting) where such naiv_bas ntUtw the lama faailituas as abbe: rissar,h and de - vs opniant artf"Was a..3d modem such aetivi- ti.s are not tncEtaed In the Inst.-t:ctlon fune- tlon. 12i Lra Lwr vy research means all research and davaloptnxit actarntles that are sopa- rstely budsatu,_ and acconnW for by they ta- atitution under art Internal appli aeon of ta- sttt:utional funds. Vaivvslt.7 ryEi;arch, for arposes of this docurueat, mitt be calr- t1ned with spouaorttd rQsaarch un&r the fanctlon of orpaW4 ra•.rearch. a. Oihei spammd ardriitet means prosrsras ane pro;acta, C:nanced by Fed3r3l and aon- Fadara.' amaclas aad organisations which Is- voIva the performanx of xor�i athar tha: w- atraction and or;anued reccaroh. Examplas o_' 3ma progmma ark! prolects are health service projects a2d oommuntty sarvica Fro- s. Fioiravar, whon any of thms activities outside support, they ma-r be clavfn4 d m other ins7.1tational ac tivl Iles. d. Cthar lAJttilt;d-4h.ic!,2+rbtMIes Meafi)'Cl 3c- t!Viti9:r cf an tnstttution except for mtrie- ticr &,.rivtmental research. or-annad :+a sea: cb, and other aposooral in-tivittas, as de- flnad la this sacttan: In.11rec.1 ;FA -A) cost ac- a•rirlcs identMod in this Appenl±x para- g.nph B. klenttrleahon and aa::s nmont of in- dira,.t (F&A) ccrts: and spvc-Cizod servl^as "ractlittes daxriit — in IMAM ape-cialnzal sevnea facillties of this mart. 5:aniplas of other institutlon.a i activities tactuda op_ratfoa of rastdenoe balizz, taninra bags, hospitals and clinks, student unions, Intareol-Doglate athletics. bookstores, faculty bousirg. student apartrants. guest, housez. ch;qc N. tbeatars, pubUt, museums. aril other stantiar auxlhar, entorpri ,as. This dellniston also makides an,: other eatagortoa of acluv-.- tnes, costs of wb.:ch are "unallowable" tc Fadaral Swar , otherwise L'rdkat-al ':.n an aarar9, 2 Crams fer nfatrihtafon a. Hare parted. A base period for dl-strtba- tdon of Indiroc. (F&!L) aosta is tho portal Marla; which the casts ar3 Incurred. The ba3e period normally sbocad colr_rlds month the fiscal year --taL•lished by the tne:W;L:twa. but in :trey avent ale base period Wnilid be re miscted as to avold inegmnes In the die trlL•utton of costa, b. ?read for cat prouptngs. 7--he mrara;; ob- jectS.e of Utz- indirect (F&A) cost allocation process is to dtstsibuta thi indirect fF&A; oosts da aribcd In S-x tion B. Identification and assignment of indt.-g::i (P&A) costs. to 196 Exhibit #2 of MOA 0 0 0 o vm, CA LA LO LA rn m d d d d o O o p o 3 3 c` LA 61 d Gf d Gl D D a -- c c c t 7 N N N � m n m m a a a a n 0 n 0 n 0 3 0 .. 0 3 3 3 3 0 7 7 o R ti 3 3 3 MO 7• m .dr 0 7 m 7 m _ O O e^1 0 7 7 O N N f1 Q7 y w n O n p > > 3 a Z m 7 N Z m Z m m d LA C O -p A O a LA n 7 7 7 d O < o- 3 m a� m N m m O O O O 0 7 0 7 .n. .^. .^. O C O 0 n O d n 7 7 3 W O 0a d p C d d itb m 0) S S N N N 0 0. 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CL O - C. 3 d Q, d 6 O ti • m 7r �• T W O R m N .mi ^ m ^ m 13D m n lu a' 3 N w Nw m C N 7 7 .^. is ^ f. a o L N •`7^ O 3 a= L a� C 2 o a'm d N -o < a og 3 n 3 d 3 o m d d e o^ Q ca c 5 cm Q to m N O f1 F+ m~ N IN ^ W S m 7 3 z m S m M C. -CO m 3 m m� 3 d m O N tND d O n C) 0C ^ a m O m L tt m O G d Pi [i m — d< d C. O c m N< o d 3 n G1 z G� z a G1 z G1 z z z o 0 0 o b b d C a O OD y N Ln O1 LO O 00 lD N w FA 00 co O F+ F+ Vn M+ N 01 O W O O W 0c0 W 3 d 3 m 3 3 d d o v m n 3 n a < 3 3 3 0 � 7 n d O 7 N ^ m O p 3 d M r m O m ^ 7 v Q 7 O m tm+ O G C ? d 7 < QO m W Q a - m S.c O o m A d cmm 3 fD o o ' y D D D F T 7 c n c c n 7 N O p ON N O W f' W O O� N 1D 91 N pp Q mo O mo F ^'A) C) A H w `" o 3 cnam m O. ssN to N C• N m -° v n ^+ 79 ao O 0 n C 7 = 3 L Oi M. 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N C 3 p 7 d 3 0o O d d O O N.N-.o Q j d OOi B A" M .5 o-i aM� m 3 < c o ono c o' Q C. fD = a 9p m F d >> 3 p w o• > m m j N G? 00 O N 7 N O 3 n d R O N -Oi• N w C< .Ni n 7 T m A �• N N W V O V d a 3 m m m w w Ln O o O C r i Ln c k 0 PLM A A lD V W Ol O, W V N W V N W IN T N O i� 01 co a QQ M d P" d m I Q d m C t/Y 9 d 3 d 9 d 3 9 3 3 3 3 3 d 3 d 3 d 3 d 3 A) d m m m d m it A fo m m fa0 fD M z n a O a m a m d 7 O N N m N N 7 m O 3 C G m O O (A ^ N N K O N m N m en m n CD ei m z z Z m N m m d^ < D n n 0 o •O m o o 7 3 aw fi N ^ d d { N a9 O 0 { 0 7 0 0 O O N w O 7 N O N j m n D w O M 7 7 Q - C 7 - < < O 7 m c 3 m m c 3 m m c 3 to m c 3 m m c 3 m m c_ 3 m m 3 A f F E i F 7 > N N m '^ m m 3 m 7 m m 7 m 3 m 3 m 3. m 7 3 m 3 O r O r o r O r o r O r O r A w N V O D OWo o m °o m m 'o d ° 3 c fD m m �_ a ° fo f'e f°e rac p 3 m °: n m o mn a 3 a ' o f'e c c c d e c Q 3 m CL n m O ri A m ^ m a m N m wa w m fc N o N 0 0 Hd d 3 N 7 H' N d O D CL F^ d S 0 N m O a m m N 'O w N O ^ N? d d 7 7 G pdp 7 N y= 0 O. y a m m?� O fR O N i d A Vf 'O N A 04 M A a d d n O 3 lu d x 3 o c 3 o d 3 g 3 O' - x_ cr <n R O N 'O 0 7 m m x n O^ N O m N 7 m ; N m fn a O 9 7 O S n^ 7 r+ n C d 3 Q C m S d CO m m '30_ N A 3 C. �' ? A O A �• N c .Z n m m O. O• n. m 3 G 7 f^D mX N n 3 N 7 O d^ O N x C m d Q m w in O. " a= m " 3 a �' ° c a� o m 3 o a — m m o•fD of '� <m �r m tDn ui 0 N N A m A N O m m O N F+ C OO2N rQI QW NC D mmz O 6 6 o zo c O a c a 3 vZi D D D n N D � v`n, f^n -i O P fn„ r W Om r W CDc o N N O m u W m fT O W w l0 N A w N w O 1�+ O N to W coo O N tD Vn O r r Vf T N O F+ O O c Q n m 1'? f ai -n r d c a m Q m C N 9 3 3 9 _3 3 9 9 9 3 3 3 d 3 d 3 d 3 d 3 d 3 d I d all d o d o d b T, d M m m w m m o m 0 0 0 0 0 0 0 3 3 3 3 3 c o 0 0 0 0 0 7 7 n � 3 7 7 7 7 d O N O A O01 O) 3 OI 7 > 3 3 d � d 7 > > c > d m' > > 3 > 5 > S w > o0 d n 0 m n 0 m O O O N O a 3 n > a N 0 d 0 d 0 m c m S. m S. m c v > > ; m d m mN - S. m 3 o00 >_ anO > 7 A. O 7 M 0 'm re A m 0 m A m 0 M A m 0 7 n n n 7 3 M d n A n n 3 d d c M c 0 c 0 3 d d 3 d d n 3 w � 3 d d 3 d d 3 A O 3 a 3 m 7 m m 7 O O w FO+ FO w+ O F+ O O� Ln W O1 Ln hi 01 Ul 01 vi� O t0 01 OAO 01 V 01 cn 01 0 Ln 3 = 3 c Go lu 19 x o A c 3 f. on, 0 m N C d v d o 8 3 3 0 d 3 G Q M! 3 o 7 C N. '30 H° C O 'O O O: O d C A 3 m d N d M N O. d O. 3 w 9 A N C 1 d fD d A OO d O fD O < p 7 H G fD OI 3 d n OC Q A w n eT O. 3 3 A 01 N d M A ca W A S O O A 3 2 o m p d W 7 C d d c an vA m x O. d 00 C o A d o ° * .t '~ n °< =-.m 3 A O o A° d N 0 d �+ N m A _J O 0° N C C N N N M= w C N n O .a .��' N A d 3 O=? 3 t A d d ,C ^ .Nyi R 0 o < 7 m N d N n m 7 ti. d 3 7 C x 3 7 R. ti G o. t O d 7 i O� ^ ° C O>> �. vOi• �. n O D: j w A 3' c w 0 C N O 0.p dw 0 3 i m -•v o 0=i Ju m N an y a m < m N a �° < 0 v C. d= A 3 a n= OQQ CL 3 p '° 7 S _ < N S O fD N O O) A N n m W < W N c O. d W^ O o N n O 0 0 0 F+ f1 D W °1 W O m 7 7 d 7 7 noX 7 Z. O) n 7 N 3 > LAN T °Oan °0 iR 4A N Vf N N Vil H N V~i b l~D W A A A W A O N lv0 W A V A CDM NJO1 Lu 01 to Vn N1 O N p �o O1 01 Ln N InO N w V1 W 1O LO M = m V V o M a V V m a 3 3 m w m m m w m m m m m o m 0 0 0 0 c. Q M O M O M O C 3 3 d ac, - - - - m m o M n n n z a V m n n z n a < < 3 3 3m° < < 3 3 3'^ M w 3 3 3 > > 3 3 z 3 z o o c =.m0 o c c 0 y a o N m N N 3 3> 0: o OF A^ A^ O O en o 0 A o o m o 3° 0 3 m m m m m m m 3�°= > w m o �o »• 7 � cm O n do O 3 'oa O 7 c w O � O � 7 0 n•d' 0 3 O Q0 Omi ni 0 0 c 0) a o O zcm f7D l m a, m a a 3 'm a c 0 m c = ' 7 3 m m m m m m m S mcm a• cm m m m m m > m > m > m > d F F m 3m m 3 d F F F F F m m D m o 0 7 m m 7 7 7 7 7 �_ m O O O O O O O z 3 A 3 a, 3 3 an 3 m 3 3 m 7 3 m 3 3 m 7 N O N O N O IV 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 m o+ q+ m o+ a+ a+ cn o� ai q, ai a M a A 0 W a N a 4+ cn O in w w 0o b, V in a1 M M �n A 3 m z o>' x A c 3 c ,'y d v m w a v v m a v H x v D- 3 H 3 m n O D M - m o n c N^ m w N N �o a m c - a m o e, °: p m 00 N �0 p n Gm x a, 'm a Ot c n .a^ N m m N> 01 N �7 y, N d > n o o N N» R 0.7 d g m CrT. 3 m m O 3 CO C O L, m� m ' S 0 CD 3 s n m o oa H m N O = 3 D V D O D O — o O m m e coN 3 co \ z o 0 p o Er3 3 a .^. M N d z .o c a 3 m N x (D c N o C. m 0 C, 3 w w• d c 0 N M=" N Im o 1'1 Q ° sA Hw 01 d ° m "q m m m S c 3 3 aC d w 0 N L y . O, d ii rOo N cm 'AO LA °> > 3' 0. 1 ° m m d m w M d I • 7 '� d D 7 7 a °an N O m ° �. C) m o m O o O O 0 0 0 0 0 0 0 7 > > Ol W O V rn O W O F+ F+ O 1+ A p Z 'DO cn rl -P W -i A, > 7 > o 0 0 o .� D b m s o o c OO r+ 3 m 0 3 N 3 N o0 N z N o O m 2 � to N k N W in V iA 00 to A N V iA l0 iA 4A W H r W iA l0 {A la T Vt 00 V O 01 M O N M M C1 F+ t0 A O W 00 M " co w w O N w N N M N O Cf w w N 00 M N A W N O W t0 W F+ W F+ 0o A M V W 111 M V A CO F+ F+ V Ql lD F+ V N A V cn A G. 00 M a N O c ou 00 CD LD 0 0 0 z m z z a s z m w � w w R.Q. tD 0 o a a d 'm m d 0) d d d d n m 0 m n m o m = m n o a m n 0 n 0 n 0 3 3 3 3 3 3 TM a o 0 f° c c o a o o ,. a m m 0 m ° �n z z m a z m n p n p 03 " n o a r p m 3 °: m °: O I 7 d 3 C. c w m 0) o m 5 S m i o0 o n 0 0 n 3 0° oo m as o 0 3 o w m O m O 7 O N O ° C n in = d a � y C. O 7 Q - y Do < O 7 m c m c 'm d> m c m m c m c m c a m 0 a m 0 > 00 3 cm a t3e 0 0m - A 0 A 0 A a a d a d a m m c o E m o i m v m f m 'O •O O O � m � 7 O m 3 ID 7 H 3 m h 3 d N ci d daq m 7 m 3 m m 3 ID O O O o 0 0 0 0 0 r o+ f+ o+ r cr N a' f, o+ r a+ r m ►� a, r o O N ON W V cn 00 W N F+ W v+ n n O < d 0 m n n :0 d O m N -I w d -4 m m m<< -0 m m m a m m m m •O m m 7 ? m H O 1 n T C ° 0: d o' Fr m m a m *0 d o' o m !: m m C. O. a o w 3 N .0 a H d 7 N d 7 x» m N S= C ,3+ O < a p« ° O d C d 3 7 0 0 0 0 0 o N d N ry d d G d Z C 3 �. O c d, d m 0 a 5 N v n m H° n m A° o 7 d "• n c O O O 3 co „ �j a< o d d »>> u� 3 < m 0 m 7 d o ".c nd.c c d so -.0w -1 ,d.. e ° oa> °' m m 1 d m av _ no C.N m d O > o d N N O -w a3 ry d n n c n m d m° d 3 v < c °� o f v a o 7 T S •6 -{ 3 m^ m 3 ZL O. A d m m i H m 0 _ d A d m n ° 2 in m .O ^ d 3 f H O m ao n d O .< Ocr 3 o � m x 3 O° 1. In d G d pz N r v� p O n A m O G m d O. W 0 m o �n 0 N H d n m^ �_ d G C 3 ° C d C m m m o. c co 0 0 a H A 0, 0 0� D vZi A n d n 10 0 m p 0 1+ V N F+ F+ W m W? - O A z d D o Z d o .0 m Z c N c -q Z z w =+ - an w~O z z X z z co o n 6 D z 1 N 74 S rnn o o 0 o 0 0 � 6 un 6 o� P 0 0= 0 0= � W -i i? N iA 0W1 !A V iA N i/f A iA O i/f � Fes+ W Mom+ W A P. Vt O co 0o N A O 01 O W A w V W 1+ w N cc O W 01 O t0 N V A In F+ co 0+ 01 N Ln F+ 10 a N W cn O I W0 N Ili T N O f+ W W c M n eD rt _3 d T N C a m Q m C D N ON, OF City of Miami Legislation it IResolution R-16-0522 File Number: 1110 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/27/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "URBAN AREA SECURITY INITIATIVE ('UASI') GRANT PROGRAM FISCAL YEAR 2016", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $5,158,500.00, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ("USDHS"), DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("FDEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM (FISCAL YEAR 2016) AS NECESSARY AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS OR EXTENSIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH ITS CONTIGUOUS PARTNERS SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. WHEREAS, the United States Department of Homeland Security ("USDHS") is authorized by the Emergency Wartime Supplemental Appropriations Act 2003, to provide funds to States for subsequent distribution to selected urban areas to address the unique equipment, training, planning, exercise and operational needs for large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the USDHS, through the State of Florida Division of Emergency Management ("FDEM"), has sub -granted an Urban Area Security Initiative ("UASI") Grant Program Fiscal Year ("FY") 2016 to the City of Miami ("City") in the amount of $5,158,500.00; and WHEREAS, the City's Department of Fire -Rescue will use said funds to continue to address the unique equipment, training, planning, exercise and operational needs of the City and its contiguous partners and to continue building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and City of Miami Page 1 of 3 File ID: 1110 (Revision:) Printed On: 41412017 File ID: 1110 Enactment Number: R-16-0522 WHEREAS, in accordance with the UASI Grant Program FY 2016, the attached Memoranda of Agreements ("MOAs") with the City's contiguous partners, Broward County, Broward County Sheriffs Office, the City of Coral Gables, the City of Coral Springs, the City of Fort Lauderdale, the City of Hialeah, the City of Hollywood, the City of Miami Beach, the City of Miami Gardens, the City of Miramar, the City of Pembroke Pines, the City of Sunrise, Miami - Dade County, Monroe County, Palm Beach County, Palm Beach County Sheriffs Office, and the Village of Key Biscayne, will provide the necessary guidelines to coordinate the UASI Grant Program FY 2016 and will permit the City to reimburse its partners for their eligible expenditures that are compliant with said Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The following new Special Revenue Fund is established and resources are appropriated as described below: FUND TITLE: Urban Area Security Initiative (UASI) Grant Program Fiscal Year 2016 RESOUCES: Department of Homeland Security (DHS) $5,158,500.00 directly to the State Of Florida Division of Emergency Management (FDEM) APPROPRIATIONS: $5,158,500.00 Section 3. The City Manager is authorized' to accept said grant award and to execute the federally -funded subgrant agreement, in substantially the attached form, and any necessary documents, in a form acceptable to the City Attorney, in order to implement the acceptance of said grant award. Section 4. The City Manager is further authorized' to extend said UASI Grant Program FY 2016 grant awards as necessary and to execute any other related modifications, amendments or extensions, in a form acceptable to the City Attorney, on all matters except those dealing with funding changes, in connection with the development and support of the UASI projects administered by the City's Department of Fire -Rescue, as an UASI Sponsoring Agency, contingent upon the funding of the UASI projects being secured in the form of grants from the Federal Department through the FDEM. Section 5. The City Manager is authorized' to execute MOAs, in substantially attached form(s), with its contiguous partners, Broward County, Broward County Sheriffs Office, the City of Coral Gables, the City of Coral Springs, the City of Fort Lauderdale, the City of Hialeah, the City of Hollywood, the City of Miami Beach, the City of Miami Gardens, the City of Miramar, the City of Pembroke Pines, the City of Sunrise, Miami -Dade County, Monroe County, Palm Beach County, Palm Beach County Sheriffs Office, and the Village of Key Biscayne, for the purpose of setting forth the parties' responsibilities in connection with the development and support of the ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. City of Miami Page 2 of 3 File ID: 1110 (Revision:) Printed on: 41412017 File ID: 1110 Enactment Number: R-1"522 UASI Grant Program FY 2016 administered by the City's Department of Fire -Rescue, an UASI sponsoring agency, contingent upon funding of said project being secured. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: r i:4a 1 ria ndez, ity ttor iey 10/18/2016 2 If the mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 1110 (Revision:) Printed on: 41412017