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FY2016 06/21/2017MEMORANDUM OF UNDERSTANDING IS MEMORANDUM OF UNDERSTANDING is made and entered into this day of 2017, by and between the Monroe County Board of County Commissioners, a political subdivision of the State of Florida, whose address is1100 Simonton Street, Key West, Florida 33040, hereinafter referred to as "COUNTY," and The Monroe County Sheriff's Office, hereinafter referred to as "SHERIFF." WITNESSETH WHEREAS, the U.S. Department of Homeland Security Office for Domestic Preparedness has awarded a grant to the State of Florida Division of Emergency Management through the FY 2016 Urban Area Security Initiative (UASI), and WHEREAS, the State of Florida Division of Emergency Management has awarded a subgrant of these funds to the City of Miami through a federally -funded subgrant agreement, and WHEREAS, the COUNTY entered into a Memorandum of Agreement with the City of Miami, Agreement Number 17-DS-V9-11-23-02-346, by which the City of Miami sub -granted the sum of ninety-five thousand six hundred ninety-one dollars and forty-one cents ($95,691.41), of which forty-seven thousand eight hundred and forty-five dollars and seventy-one cents ($47,845.71) was to be given to Monroe County Sheriff's Office for the purchase of equipment approved by the granting agency as well as other items, and WHEREAS, the COUNTY has determined that the public would be best served by providing the SHERIFF's office their portion of the forty-seven thousand eight hundred and forty- five dollars and seventy-one cents ($47,845.71) in funding to purchase law enforcement, as well as other equipment (i.e.; interoperable communications equipment, etc.) approved by the granting agency in accordance with the COUNTY'S agreement with the City of Miami, NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the SHERIFF agree as follows: 1. TERM - The term of this Agreement is from April 26, 2016, through June 30, 2018, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The SHERIFF will purchase equipment as outlined in the COUNTY'S Memorandum of Agreement with the City of Miami, attached as Attachment A and made a part hereof. 3. OWNERSHIP — The SHERIFF will retain ownership of the approved equipment and will maintain the items on the Sheriff's inventory. 4. FUNDS - The total project budget to be expended by the SHERIFF in performance of the services set forth in this agreement shall be the total sum of $47,845.71. The total sum represents one-half of the federal grant support in the amount of $95,691.41 and matching funds in the amount of $0.00. All funds shall be expended in accordance with the grant agreement. 5. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "Memorandum of Agreement for Participating Miami UASI Grant 2016 Agency" and all Monroe County Sheriffs Office — MOU UASI FY 2016 Page 1 of 3 laws, rules and regulations relating thereto are incorporated by reference (Attachment A) and the Monroe County Sheriff's Office shall comply with all of the terms and conditions outlined in Attachment A, including but not limited to compliance with 2 CFR section 200 of the Code of Federal Regulations. 6. BILLING AND PAYMENT - The SHERIFF shall render to the COUNTY, after purchase of the equipment, an itemized invoice properly dated, describing the equipment purchased, the cost of the equipment, and all other information required by the COUNTY for reimbursement. Upon receipt of appropriate documents the COUNTY shall reimburse the SHERIFF for the said expenditures. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any equipment ordered by the SHERIFF after the SHERIFF has received notice of termination. In the event there are any unused grant Funds, the SHERIFF shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY Monroe County Administrator 1100 Simonton Street Key West, FL 33040 And Director Monroe County Emergency Management 490 63rd St., Suite 150 Marathon, FL 33040 FOR PROVIDER Monroe County Sheriff Richard A. Ramsay 5525 College Road Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 9. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the City of Miami cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the SHERIFF at its address specified above. The COUNTY shall not be obligated to pay for any equipment ordered by the SHERIFF after the SHERIFF has received notice of termination. 10. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the SHERIFF shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, Monroe County Sheriffs -Office — MOU UASI FY 2016 Page 2 of 3 ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the SHERIFF. If the SHERIFF receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 11. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 12. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. NESS WHEREOF, the parties to this Agreement have caused their names to be )y the proper officers thereof for the purposes herein expressed at Monroe County, -lay and year first written above. MADOK, Deputy Clerk O O � v_ LL yC U isJ U-J V MONROE COUN-i Y H7"TORNEY AP OV -ASTMO: NTH IA L. L'L ASS F COUNTY ATTORNEY Date 6 -3 0 - 2D 1 -4- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ayor/Chairman MONROE COUNTY SHERIFF'S OFFICE MONROE COUNTY SHERIFF'S OFFICE A RO ED AS TO FORM: ATRICK J. McCULLAH GENERAL COUNSEL DATE: WI 1 I a ,1 Monroe County Sheriffs Office — MOU UASI FY 2016 Page 3 of 3 cCitr of fffiamt' DANIEL ALFONSO City Manager May 2nd, 2017 Jeff Manning Monroe County Emergency Management 490 63td St Ocean, Suite 150 Marathon, FL 33050 Attachment A, Part 1 RE: Urban Area Security Initiative (UASI] GY 2016 - Memorandum of Agreement Mr. Manning: Please find enclosed the executed Memorandum of Agreement between the City of Miami and Monroe County for the UASI GY 2016 (# 17-DS-V9-1 1-23-02-346). Per the MOA, all reimbursement packages shall be submitted no later than June 30W, 2018, along with the proper backup documentation. Please refer to the project title and its identification number. Should you have any questions concerning this document, please contact me at (305) 416-5429 or via email Jordahl@miamigov,com. Sincerely, Kristin Jor ahI Urban Area Security Initiative DEPARTMENT OF FIRE -RESCUE 1 Division or Emergency Management 444 SW 2n° Avenue, 10' 11 / Miami, FL 33130 (305) 416-5439 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 76 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 -X %) a, adopted on 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 201E 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 MOA". G, Ensuring satisfactory progress toward the goals or objectives stipulated in "Exhibit #1 of M©A". H. Fallowing grant agreement requirements and/or special conditions as stipulated in "Exhibit #1 of M OA". I. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL HE 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 MOA". D Complying with all UASI Grant Program 2016 requirements as stipulated in "Exhibit #1 of MOA". 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 MOA". I. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit #1 of MOA". J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in "Exhibit #1 of MOA". �I K. Inventory of the equipment obtained from the UASI Grant Program 2016, as identified in "exhibit #2 of MOA", 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 MOA", 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 MOA", 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. 8 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 MOK. 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 76828, 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 2W 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 MOA", 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 6 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-r Victoria Mendez ` City Attorney SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida Daniel J Alfon City Manager APP. REQ BY: li Ann-MWie Sharple, Director Department of Rk Management Name- Kevin Madok 31i5"117 Title; Clerk PARTICIPATING AGENCY "Monroe County" NAME: George Neu -gent TITLE: Monroe County Mayor _ FID #: 59-6000749 DUNS: 073876757 APPROVED AS TO FORM AND CORRECTNESS: � I -g, Assistant County Attorney, Monroe County Attorney's Office 8 Attachment A, Part 2 C.9 Count r o MoDroe f BOA OF COUNTY COMMISSIONERS V 1 Ml Mayor George Neugent, District 2 The Flonda. Keys _ Mayor Pro Tern David Rice, District 4 Danny L_ Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeding March 15, 2017 Agenda Item Number. C.9 Agenda Item Summary #2703 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289-6325 N/A AGENDA ITEM WORDING: Approval of a UASI 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. ITEM BACKGROUND: The United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida, Division of Emergency Management, has sub - granted the Urban Area Security Initiative (UASI) Grant Program, FY 2016, to the City of Miami in the amount of $5,158,500.00. This program targets homeland security funding to "high threat" urban areas in order to prevent, respond, and recover from threats or acts of terrorism. Monroe County is receiving $95,691.41, and funds should be distributed as follows: Monroe County Emergency Management $95,691.41. PREVIOUS RELEVANT BOCC ACTION: The UASI FY05, FY06, UASI FY07, UASI FY08, UASI FY09, UASI FY 10, UASI FY 11, UASI FY 12, UASI FY 13, and UASI FY14, and UASI FY 15 were approved on the March 15, 2006, May 11, 2007, March 19, 2008, January 20, 2010, January 19, 2011, February 15, 2012, January 16, 2013, November 20, 2013, March 19, 2014, and May 20, 2015 April 20, 2016 BOCC meetings respectively CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve MOA concerning UASI FYI Grant award. A revenue fund needs to be established by the Office of Management and Budget. DOCUMENTATION: Packet Pg. 200 C.9 UASI 2016 - Monroe County MOA Agreement and Miaini Resolution 2016 UASI Budget (DSOC App w Rdctn) FINANCIAL IMPACT: Effective Date: NOT APPLICABLE Expiration Date: June 30tb, 2018 Total Dollar Value of Contract: S95,691.41 Total Cost to County: 0 Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: YES If yes, amount: $95,691.41 Grant: $95,691.41 County Match: 0 Insurance Required: 0 Additional Details: REVIEWED BY: James Callahan Completed 02/24/2017 9:37 AM Cynthia Hall Completed 02/27/2017 8:49 AM Budget and Finance Completed 02/27/2017 3:05 PM Maria Slavik Completed 02/28/2017 7:30 AM Kathy Peters Completed 02/28/2017 11:08 AM Board of County Commissioners Pending 03/15/2017 9:00 AM Packet Pg. 201 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-00092-501 CFDA #: 97.067 c This Agreement is entered into this days �, 2016, by and between (9 the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency') and Monroe } u_ County (the 'Participating Agency"). 4 RECITALS M WHEREAS, the U.S. Department of Homeland Security (USDHS) is providing financial N 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. , adopted on 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 Workinq 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: t Packet Pg. 202 C.9,a 19 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 (FDFM). 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. 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 Packet Pg. 203 C.9.a 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; mufti -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 C 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. LL Q F Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and M courill ylcounties, or with which the core city or county/counties have established formal mutual aid ti tV 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 MOA". G. Ensuring satisfactory progress toward the goals or objectives stipulated in "Exhibit #1 of MOA". .i Packet Pg. 204 C.9.a H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit #1 of MO,",". 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. C c� B, Participating Agencies and any sub -grantees must abide by the grant requirements including budget y U_ authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of d assets as stipulated in the UASI Grant Program 2016 Agreement. 0 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 MCA r; D, Complying with all UASI Grant Program 2016 requirements as stipulated in "Exhibit #1 of MOA" 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 MOA". I. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit #1 of MOA". J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in "Exhibit #1 of MOA" Packet Pg. 205 C.9.a K. inventory of the equipment obtained from the UASi Grant Program 2016, as identified in "Exhibit #2 of MOA", 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. 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 MOA", 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. e e� M. All equipment obtained from the UASI Grant Program 2016, as identified in "Exhibit #2 of MOA", 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. a M 0 r` N VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: r� A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely o by the Sponsoring Agency. 41) B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in a timely fashion. The Sponsoring Agency wiil prepare consolidated reports for submission to the State of Florida as stipulated in "Exhibit #1 of MOA". G. 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 parry 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 Packet Pg. 206 C.9.a 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 MOA°. 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". Vlll. 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. w t- +o N C E L U W *1 6 Packet Pg. 207 C.9.a 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. �J SPONSORING AGENCY THE CITY OF MIAMI, a municipal U Corporation of the State of Florida Q D M c> ATTEST BY: Todd B. Hannon City Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: Victoria Mendez City Attorney BY: Daniel J. Alfonso City Manager APPROVED AS TO INSURANCE REQUIREMENTS: BY. Ann -Marie Sharpe, Director Department of Risk Management 7 Packet Pg. 208 C,9.a ATTEST: Name: Title: PARTICIPATING AGENCY "Monroe County" BY: NAME: TITLE: HD #: DUNS: APPROVED AS TO FORM AND CORRECTNESS: CdAl�o 4. go 2-26 2017 Assistant County Attorney, Monroe County Attorney's Office Packet Pg. 209 C.S.b Contract Number: 17-0S-V9-11-23-02-,% 46 "Exhibit 91 of I'Vemorandum 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 cf legal agreement, including an agreement that the pass -through 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 -award to a sub -recipient to cant' out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a sub -award from a pass -through ent.ty 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 awarding 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 for the sub -recipient to carry out part of a Federal award received by the pass -through entlty." The follo,v:ng information is provlced pursuant to 2 C.F,rR. §200,331(a)(1): Sub-RecVant's name: Sub -Recipient's unique entity Identif•.er: Federal Award Identification Number (FAIN): Federal Award Date: Sub -award Period of Performance Start and End Date: Amount of Federal Funds Cbligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass -through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub -Recipient by the pass -through entity: Federal a hard project description (see FFATA): Name of Federal awarding agency: Name of pass -through entity: Management Contact information for the pass -through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award Is R&D: Indirect cast rate for the Federal award: 1 City of Miami 072220791 E 1^/-2015-SS-00092-S01 Q910112016 Late of Execution - 12/31f201Z 15,158,500.00 §12,127,499.99_ _ S5.158.500.00 See Article 1, Agreement Articles: E MW-2016-SS-0W92-S01 Dept. of Homeland Security FL. Div. of Emergency 2555 Shumard Oak Boulevard Tallahassee Florida, 32311 97.M67 Homeland Security Program NO ;NIA) 26.21 °lo Packet Pg. 210 C.9.b 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 this 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 fully qualified and eligible to receive these grant funds to provide the services Identified herein; B. The State of Florida received these grand 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; aid, 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 own funds." Therefore, section 215.971, Florida Statutes, .entitled "Agreements funded with fedgral or state ass!stance", applies to this Agreement. (2) LAWS. RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement Is subject to 2 C.F.R. Par: 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b, As required by Section 2" 5.971(1), Florida Statutes, this Agreement includes: A provision specifying a scrape of work that clearly establishes the tasks that the Sub -Recipient is required to perform. li. A provision dividing the agreement into quantifiable units of deliverables tha: must be received and accepted in writing by the Divfslon before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be per,"ormed and the criteria for evaluating the successfut comp'.etion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the mWmim level of service required by the agreement, tv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations 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 Divlslon. 2 Packet Pg. 211 C.9.b 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 ail 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 that no other statute, rule, or regulation applies. (3) CONTACT a. Ir, accordaice 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 shall serve as the Division's liaison with the Sub -Recipient, As part of his/her duties, the Grant Manager for the Division shall: payment. I. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests b. The Division's Grant Manager for this Agreement Is: Michael J. Day ._ 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone,(850) 488-3133 Fax: (850) 922-8689 Email; f_vtichael.Day@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 2rd Avenue, 101n Fir Nllarni, FL 33130 Telephone: 305-416-5402 I Fax: 305-569-4070 Email: oaomez miami og_ v.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 Packet Pg. 212 C.9.b (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 ore of which may be taken as an original. (6) MODIFICATION Esther party may request mcdification of the provisions of this Agreement. Changes which are agreed upon shalt 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 Budge: 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 and on December 31, 2018, unless terminated earlier in accordance with 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 tern "period of agreement" refers to the time d.wdng whi-ch thD Sub Realpient "may inpur new.g.biigatjans to carry out the work authorized under"this Agreement. In accordance with 2 C.F.R. §200.309, the Sub - Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of perfcrmance." 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) F-UNDING a. This is a cast -reimbursement Agreement, subject to the availability of funds. b. The State of 'Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub-Reciplent onl for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum re+mbursement 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, siccned by an official who is _authorized to legally bind the Sub-Reciplent, 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 4 Packet Pg. 213 C.9.b false, fctitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, c2lvil or admini strativa penalties for fraud, false statements, false claims or atherw'se. (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; L The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completlon of each deliverable. f. The performance 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 actual achievement can be compared," It also remains consistent with the requirement, contained In. 2 C.F.R. §200.301, that the division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." 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") anc 2 C.F.R. §200,431 ("Compensation —fringe benefits"). If the Sub.Recipient seeks_ reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar case (see 29 U.S.C. §207(e)(2)), then 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 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 policy of the Sub -Recipient. 2 C F,R. §200.431(b) provides that the cost of f"inge benefits in the form of regular compensation paid to employees during 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, awards; and, i. They are provided under established written leave policies; ii, The costs are equitably allocated to all related activities, including Federal 11i, The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -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, reirribursemert 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- Packet Pg. 214 C.9.b Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112,061(a)(b), Florida Statutes (S6 For breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and. J. participation of the individual in the travel is necessary to the Federal award. I. The division's grant manager, as required by section 215.971(2)(c). Florida Statutes, shall reconcile and verify all funds received 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 incurred 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, any duplicate payment, any payment for a good or service nog received (except for such payments Nnere authorized by law), any payment that does not agoount for credjlfor 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 represematives: shall enjoy 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 General, 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 pertil,ent 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 da`e of 0 c V3 0 CO u_ Q 0 N Packet Pg. 215 submission of the final expenditure report. The follo*ng are the only exceptions to the three (3) year requirement: i. If any litigation, claim, or audit is started before the expiration of the three (3) year period, then the records must be retained until al! litigation, claims, or audit findings involving the records have been resolved and Finai action taken. i!. 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 entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposltion. 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 inco,rne 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 pertalning to the earning of the program income starts from the end of the non -Federal entity's fiscal y_e r in which the program income is earned. v!. Indirect ccst rate proposa:s and cost allocations plans. This paragraph appCes to the following types of eocurnents 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 grOLp 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-Reciplent upon request. If paper copies 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 original 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 Packet Pg. 216 C.9.b g. Florida's Government in the Sunshine Law (Section 286.011, Florda Statutes) provides the 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) reaso^able notice of such meetings must be given, and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insuf icient to bring that e.ritity within the ambit of the open government requirements However, the Government In the Sunshine Law applies to priva!e 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 performance 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 c fire department provides firefighting services to a governmental entity anal uses facilities and equipment t7 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 U- aa the Sub -Recipient based upon the funds provided under Ns 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 y roticed, open to the pualie, and the minutes of all the meetings shall be pu lip record , 2vqllable to the c public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf, Unless specifically exempted from disclosure by the Legislature, all materlals made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with offrcW 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 insufficlent to bring that entity within the ambit of the public record requirements_ However, when a public entity delegates a public function to a private entity, the records generated by the private entity's 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 behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A and B - and all other applicable laws and regulations. Packet Pg. 2117 C.9.b (11)AUDITS a. The Sub -Recipient shall comply wish 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 def.ned by 2 C.F.R. §200.49. GAAP "has the meaning specified in accounting standards Issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division s'rall use Generally Accepted Government Auditing Standards ("GALAS"). As defined by 2 C.F.R. §200.50, GALAS, "also known as the Yellow Book, means generally accepted governrnent auditing standards issued by the Comptroller General of the United 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 curds not spent in accordance with these applicable regWations and Agreement provisions within thirty days after the Division has notified the Sub-Reciplent of such non- compliance. — 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 473." The independent auditor shall state that the au& complied with the applicable poivisions noted above. The audit must be received by the Division r.o later than nine months from the end of the Sub -Recipient's fiscal year. f, The Sub -Recipient 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 Wowing address: DFMSingle Audits Dem.myflorida,com DEiVlSingle_Audi ttem.myflorida.corn OR Office of the Inspector General 2555 Shutnard 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: htta://harvester.census,aovlfac/coliect/ddeindex.himl h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: Ps: Packet Pg. 218 C.9.b DEMSingle Audit _em.m�dlorida,com DEMSingle_Audit@em.myflorida,com OR Offce of the Inspector General 2556 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)R PORTS 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. QuaRedy 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 progra:^1 year are March 31, Jvne 30, September 30 and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after cQrripletion of the activities contained p this Agreement, whiphev..er first occurs_ d, If all required reports and copies are not sent to the Division or are riot completed in a manner acceptable to the Uvision, then the Division may withhold further payments until they are completed or may tape 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. (f 3)MONITORING. a. The Sub -Recipient shall monitor 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 o- 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 10 Packet Pg. 219 with any irspectior•s, reviews, `nvestigations or audits deemed necessary by the Florida Chief F;nancial Officer or Auditor General. In addition, the Division will monitor the performance and financial maragement by the Sub -Recipient throughout the contract term to ensure timely completion of al; tasks. (14)LtASILiTY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 7(38.28(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), Florida Statutes, Sub -Recipient shad hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that It is not an employee or agent cf 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 tortlous acts or omissions which result in claims or suits against the Division, and agrees to be liable for ar,y damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity apolles. Nothing herein shall be canstried.as consent by z state agency or subdivision of the Stare of Florida to be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any cf the following events occur ("Events of Default"), ail oblige°ions on the part of tie Division to make further payment of funds s`lall 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 any Events of De`auit 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 agreement with the Division and has not cured them in timely fashion., or Is unable or unwilling to meet its obligations under this Agreement; b. If material adverse changes occur in the financial condition of the 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 Packet Pg. 220 C.9.Ib (16)REMEDIES. If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice .c 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, either 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 "nail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; Agreement; b. Begin an appropriate legal or equitable action to enforce performance of this c, Vkhthhold 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 gove•ning the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: Request addldonai Information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, Issue a written warning ;o advise -that more serious measures may betaken _ u If the situation is noT 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 sane 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 written notice, Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the 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 discrot on, that continuing the Agreement would not produce beneficial results in line with the 12 Pac'iket Pg. 221 C.9.b 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 will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient wi;l not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification 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 iiabOty to the Div:sior. because of any breach of Agreement by the Sub -Recipient. The C L. Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of 0 ra set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18)PRQCUREly1ENT U) 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. 0 §§200 318 through 200.326 as well as Appendix It to 2 C.F.R. Part 200 (entitled Contract Provisions for t- Non -Federal Entity Contracts Under Federal Awards"), ._ __.. 0 0 b. As required by 2 C,F,R. §200.318(b), the Sub -Recipient shall "maintain records sufficient to detail the history cf procurement. These records will include, but are not necessarily imited r°n 0 to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price."20 c. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain oversight to 2 V ea .sure that contractors perform in accordance with the terms, conditions, and specif..cations of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub- Reclplent shall document, in its quartery report to the Divislor, the progress of any and all subcontractors d) R performing work under this Agreement. I 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 shall 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 solicitation, 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. §200.31 B(k), the Division will 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 Packet Pg. 2272 C.9.b corr-petitive solicitation, this review may ahow the Division to identify deficiencies 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 Ident ies any deficiencies, then the Divisions s7all communicate 'hose 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 solicitaCon is deficlert, then the Div lion may: Terminate this Agreement in accordance with the provisions outlined In paragraph 17 above; and, ii. Refuse to reimburse the Sub-Recipfent for any costs associated with thal solicitation. 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 the work required under thls Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division steal' review the unexecutedcontract and prcvide comments, If any, to the Sub-Recipfent within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division wili 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. §200.315(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 ?rocess tl�at 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, 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 exec!Aes a subcontract a -ter receiving a communication from the Division that the subcontract is non -compliant, then the Division may: paragraph 17 above; ard, subcontract, Terminate this Agreement in accordance with the provisions outlined in Ii, Refuse to reimburse the Sub -Recipient for any costs associated with that f. The Sub -Recipient agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (11) 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 Packet Pg. 223 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 taw. g. As required by 2 C.F.R, §200.318(c)(1), the Sub-Recipiert shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and adm atratior of contracts." h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providsng full and open competition."' Accordingly, the Sub -Recipient shall nok business; companies; contracts; equivalent; Place unreasonable requirements on firms in order for them to qualify to do il. Require unnecessary experience or excessive bonding; ill. Use noncompetitive pricing practices between firms or between affiliated Iv. Execute noncompetitive contracts to consultants that are on retainer V. Authorize: condone, or ignore organizational conflicts or interest; A. _ . Specify only a brans name product without allowing vendors to offer an V5 Specify a brand name product instead of describing the performance, specifications, or other reieva; t requirements that pertain to the commodity or service solicited by the procurement; viii. 'Engage in any arbitrary action during the procurement process; or, ix, Allow a vendor to bid an a contract if that bidder was Involved with developing or drafting the specifications, requirements, statement of work, invitation to Laid, or request for proposals. J. "Except In those cases where 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 invitatlors to bid (i.e. sealed bids) In accordance with 2 C.F.R. §200.320(c) as well as section 287.057(t)(a), Florida Statutes_ k, The Sub -Recipient shall conduct any procurement involving requests for proposals (Le, competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. 1. 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 Packet Pg. 224 C.9.b ("Contracting with small and minority businesses, women's business enterprises, and abor surp'.us 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 Agreemenr and the attachments, ti^ie larguage of the attachments shall control, but only to the extent of the conflic: or ir.consisterrcy. c. This Agreement has the following attachments; L Exhibit 1 - Funding Sources il. Attachment A — Budget N. Attachment B — Scope of Work IV. Attachment C — Deliverables and Performance V. Attachment C — Program Statutes and Regulations vi. Attachment E — Justification of Advance Payment v'f. Attachment F —Warranties and Representations vlif, Attachment G — Certification Regarding Debarment ix, Attachment H — St@L,%,rn8nt of Assurances _. x. Attachment I — Mandatory Contract Provisions xl. Attachment J — Reimbursement Checklist xii. Attachment K — EHP Guidelines Ali. Attachment L — Monitoring Guidelines (20)PAYMENiS 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 shalt be included in this Agreement as Attachment E. Attachment E will specify the amount of acvance payment needed and provide an explanation of the necessity for arid proposed use of these funds, No advance shelf be accepted -,'Or processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the'nitial advance, if any, payment steali be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall inciude the supporting documentation for all costs of the project or services. The final invoice shall be subm,tted within sixty (60) days after the expfrat'lon date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly Invoices shall be submitted to the Division grant manager as part of the Sub- Recip'ent`s quarterly reporting as referenced in Paragraph 7 of this Agreement. 16 Packet Pg. 225 c.s.b c. if the necessary funds are not available to fund this Agreement as a result of act:on by the United States Congress, the federal Of`ice of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b, of this Agreement, ail obligations on the part of the Division to make any furt"er payment of funds shalt terminate, and the Sub -Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)REPAYMENTS a. All refunds or repayments due to the Division under this Agreement a'e to be made payable to the order of "Division of Emergency Management", and mailed directly to the foilowing 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 retumed to the Division for coVection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS - _ — a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later subrrission or response to a Division recliest, or In any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division anc with thirty (30) days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from ail its obligations to the Sub -Recipient. b. This Agreement shal' be construed under the laves of the State of Florida, and venue for any actions arising out of this Agreement shall be fr. the Circuit Court of Leon County, If any provision of this Agreement is In conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Publ'c Lame 101-336, 42 U.S.C, Section. 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. 17 Packet Pg. 226 C.9.b e. Those who have been placed on the co victed vendor !ist following a conviction for a public entity crime or on tl^e 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 constructtcn or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public en:lty in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Reclpient which is not a kcal 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: 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 obtain, or performing a public (federal, state or local) transaction or contract .:nder public transaction; violation of federal or state antitrust statutes or commission of embezzlement, ti^eft, forgery, br'bery, falsification or destruction of records, making false statements, or receiving stolen property kit. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(c)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 linable to certify to any of the statements in this certification, then the Sib -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. 1, 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 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. 18 Packet Pg. 227 C.9.b j. if the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k, The State of Flor'.da wll! not intentiona'.ly award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")'. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA, Stich violation by the Sub -Recipient of the employment provisions contained in Sectlon 274A(e) of the INA shall be ground's for unilateral cancellation of thls Agreement by the Division. I. All unmanufactured and manufactured articles, materials and supplies which are C9 �o acquired 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 would not be in the public interest or unreasonable in cost. V) (23)LOBBYtNG PROHIBITION a. 2 C.F.R. §200.450 prohibits relrrbursement for costs associated with certain lobbying 0 activities. b. Section 210,347, Florida Statutes, prohibits "any disbursement of grants artd aids � 0 approoriat:ons pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbyl^g the Legislature, the judicial v°, d branch, or a state agency." c. No funds or other resources received from the Division :order this Agreeme^I may be 'E used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency, m r d. The Sub -Recipient certifies, by its s'cnature 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 a` any agency, a Nlember of Congress, an officer or employee of Congress, or an employee of a Member of 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 acreernent, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 19 Packet Pg. 228 C.9.b connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form-LLL, "'Disclosure of Lobbying ActMtles. ill. The Sub -Recipient shall require that this certification be included in the award documents for aG sub -awards (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipierts shall certify and disclose. iv. This certification is a material representation of fact upon w!-,ich reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U,S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, (24)COPYRIGHT, PATENT AND TRADEMARK t9 EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING r UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY LL RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER a OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY •- TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. ti n If the Sub -Recipient teas a pre-existing patent or copyright, the Sub -Recipient shall ... C retain all rights and entit'.ernents to that pre-existing patent or copyright uriess the Agreement provides •o therwls e. 0 m b. If any discovery or invention is developed in the course of or as a result of work or W services performed under this Agreement, or in anyway 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 000ks, 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) clays 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 sale property of the Sub -Recipient. in the case of joint inventions, that is 20 Packet Pg. 229 inventions 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, fu'ly- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipiem, under this Agreement, for Florida government purposes. (25)LJGAL AUTHORIZATION. The Sub -Recipient certifies that it has the lega; 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 t, a authority to legally execute and bind Sub -Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1 A(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 defined in the regulations of the Secretary of labor at 41 CFR Chapter 60, which is paid for in whole or In part Wth funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan Insurance, or guarantee, or undertaken pursuant to any Federal program involving such gran;, contract,!©an, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor Mil 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, but no 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 contractor agrees to post in conspicuous places, available to employees aria applicants for employment, notices to be provided setting forth the provisions of the 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 Packet Pg. 230 ill, The contractor w!ll send to each labor union or representative of workers Wth 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 fumish all information and reports required by Executive Order 11246 of September 24, 1965, ar.d by rules, regulations, and orders of the Secretary of Labor, or pursuant Wereto, 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 the event of the contractor's noncompliance with ti.e nondiscriminat;on clauses of this contract or with any of the said rules, regulations, or orders, this 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. vi!. 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, 1955, so that such provisions will be binding upon each subcontractor or vendor. The 22 Packet Pg, 234 contractor wii; 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 the event a contractor becomes involved in, or Is threatened with, 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 with respect to its own employment practices whey, it participates in federally assisted constr coon work; provided, that if the applicant so participating Is a State or local government, the above equal opportunity clause is not applicable to any agency, Instrumentality or subdivision of such government which does not participate jr work on or under the contract. c, The Sub -Recipient agrees that it will 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 Secretary of Labor, that it veil; furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub -Recipient further agrees that it will refrain from entering into any contractor 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 11, Subpart D of the Executive order, in addition, the Sub -Recipient agrees that if It falls or refuses to comply with these undertakings, the administering 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 faWre or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for aporopriale 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 Packet Pg. 232 C.9.b f. Contractor. Tne contractor shall comply with 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 shelf inner' in any suocontracts 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 c iu r clauses, (j ii. Breach. A breach of the contract clauses above may be grounds i for termination of the contract, and for debarment as a contractor and subcontractor as provided In 29 C,F.R, § 5.12, sn rr (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract o .. that exceeds $100,000 and involves the employment of mechanics or laborers, then any such cortract Z 2 must include a provision for compliance with 40 U.S.G. 3702 and 3704, as supplemented by Depar'.ment 0 of Labor regulations (29 CFR Part 5), Under 40 U.S.C, 3702 of the Act, each contractor must be required ro 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 she 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 m 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 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 � a in If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract a that exceeds $150,000, then any such contract must include the following provislon; Contractor agrees to comply with ail applicable standards, orders or regulations Issued pursuant to the Clean Air Act (42 U.S.C. 7401-7$71q) 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 Packet Pg. 233 G.9.b (30)SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into - contract, then any 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 verify 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 (deflned at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pl. 180, subpart C and 2 C.F.R. pt, 3000, subpart C and must inciude a requirement to comply with these regulations in any lower tier covered transaction it enters into. tit. This certification Is a material representation of tact 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 available to the Dlv€s'on, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bldder 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 valid and throughout 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 If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contrac, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall Elie 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 Packet Pg. 234 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 conr:ection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the reclplent (32)CONTRACTING 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; Placing qualified small and minority businesses and women's business enterprises on solicitation Fsts; ii, Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Ill. Dividing total requirements. when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, N. Establis:-ing delivery schedules, where the requirement permits, which encourage p2rticipMon by small and minority businesses, and women's business enterprises; v, Using the services and assistance, as agpropriate, of such organizations as the Small Business Administration and the Minority Business Development Age -icy of the Department of Commerce; and vl. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e) of this section. b. The requirement outlined :n sibparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and docu rrign the six affirmative steps identifed above. c, The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises, d. The requirement to 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 26 Packet Pg. 235 smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33)ASSURANCES. Attachment H. The Sub -Recipient shall comply with a,7y Statement of Assurances incorporated as 27 Packet Pg- 236 C,9.b IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SLtS-RECIPIENT: Name and Title: Date: j . FID# 59-6000375 DUNS#, 07222a791 Include a copy of the designation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Name and Title: Jonathan Lprd, Deputy D;rector J d Date:_ { j 28 Packet Pg. 237 SPONSORING AGENCY: ATTEST: THE CITY OF MIAMI, a municipal Corporation of the State of Florida e To d B. Hannon Date Daniel J. Alf Y) Jf•�;• f� City Cleric i j ,v City Manager f c� N Q APPROVED AS TO FORM AND APPROVED AS CORRECTNESS: REQUIREMENT 2s M v ti f T0I URANCE, F. JfJii � ✓ t Ann -Marie E�harpe, Director Department of Riskj Management Packet Pg. 238 C.9.b EXHIBIT - t THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: NOTE., If the resources awarded to the Sub -Recipient are from more than one Federai program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Federal agency U.S. Department of Homeland Security, Federal Emergency Management Catalog of Federal Domestic Assistance title and number: 97.067 Award amount: $5,158,500.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE. If tyre resources awarded to the Sub -Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1, First applicable compliance requirement: Sub -recipient is to use funding to perform eligible 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 financial 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. NOTF-: 2 C.2.R. Part 200, and Section 215.97(5){a), Florida Statutes, require that the Information about Federal Programs and State Projects Ircluded n Exhibit 1 be prov,ded to the Sub -recipient, 30 4 Packet Pg. 2 99 G,9.b 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'ilbeta.fema.gov/authorized-equipment-list. C 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. a The transfer of funds between the categories listed in the "Proposed Program Budget" is o permitted. However, the transfer of funds between issues is strictly prohibited. Grant Agencyy �— Catt�cuyAaaua I Ar owg AgoCalia c 0 Award Allocation - Issue 41 $5,430,000 0 m Miami/FortLauderdale UASI FY 2t)16 -State Homeland State Management & Administration $271,500 Security Grant Program - withhold 5% E Urban Area Security Initiative Expendable Award Allocation after 5% $5,158,500 C reduction LETP-Type Activities (25% of award allocation) This amount is not In $ 4 289,625 addition to the remaining award amount but instead signifies the amount needed to meet the 25% Management and Administration (the dollar amount which corresponds $257925 to 5% of the total local agency allocation is shown In the column on tihc hQht) Total Award State M & A costs $5,158,500 $271,500 BUDGET DETAIL_ WORKSHEET 31 Packet Pg. 240 C.9.b 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. �y ��♦ �►+'_ (ice rItrAMe Developing hazard/threat-specfffc 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 $66,870.84 , Developing and Implementing homeland security support programs and adopting ongoing DHS national initiatives Miami Dade Whole Community Planning Workshop, Line Item 201640 1 $74,045.45 $74,045.45 Developing related terrorism and other catastrophic event prevention activities Developing and enhancing plans and protocols Miami Dade Unmet Needs Plan Development. This Is a 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 $kills 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 201648 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 $102,239.90 to estimate the losses to natural and human -induced hazard 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 tradilional public safety dutles) Broward County Whole Community Planning; Integration of Volunteer & Faith Based Organizations, Line Item 2016- 1 $65,870.84 $65,870.34 02 32 Packet Pg. 441 G.9.b Broward Sheriff's Office CEMPICOOPICOG, Line Item 2016- 03 1 $30,442.55 $30,442.55 Hialeah License Plate Reader Analyst, Line item 2016-19 1 $54,300.00 554,300.00 Hialeah EOC Planner, Line item 2016-20 1 $44,427.27 $44,427.27 Miami Emergency Management Planner (12 months). This position will assist with the development/revislon 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 2DIO-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 Travel/per diem related to planning activities Miami Dade planning, Training and Exercises: UASI Homeland Security Conference; Line item 2016-44 1 $3,512.72 $3,612.72 Overtime and baafill 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 Coordination with Citizen Corps Councils for public Infcfmatlonleducation and deveto ment of volunteers Update governance structures and process and plans for emergency communications ActivitieS to achieve planning inclusive of people with limited English rofidenc 33 g Packet Pg. 242 C,9.b TOTAL PLANNING EXPENDITURES $871,160.58 Overtime and bac"ll for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes Qturnti!ttr Unit Gast Toad Gas! Overtime and backfIl 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 CEMPICOOPICOG 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 $11.9 531 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 DHS-13-29430; Line Item 2016-71 1 $+17,557.66 $17,557.66 Activities to achieve training inclusive of peoplo with disabilities and others with access and functional needs Full or Part -Time Staff or ContractorslConsugants CertlficationiReoertiFDation 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 cerlificationlre-certification 34 3J M Packet Pg. 243 C.9.b Coordination with Citizen Corps Councils in conducting training Interoperable communications training Activities to achieve training inclusive of people with limited English roficien TOTAL TRAINING EXPENDITURES $207,968.76 Reimbursement for select operational expenses assodated with Increased security measures at critical infrastructure sites Incurred (up to 50 percent of the allocation) Quantity Unit Ccwt Total Cost Miami Operational OT for Special Events approved by FEMA, Line Item 2016.30 1 $28,109.63 $28,109.63 pvetme for lnformatlon, investfgative, and intelligence sharing activities (up to 50 percent of the allocation) Hiring of new staff posifions/ooniractors/consultants for parlicipalion in information intelligence analysis and sharing groups or fusion center activities (up to 54 percent of the allocation) Palm Beach Sheriffs Office Regional Fusion Analysts; Line Item 2016-64 1 $236.646.45 $236,945.45 TOTAL ORGANIZATIONAL EXPENDITURES _ Design, Develop, Conduct and Evaluate an Exercise $265,065,08 Miami Davie 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 Packet Pg. 244 C.9.b Full or Para-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 backfldl costs - Overtime and backfili 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 htto:f�+lw y.oly.uadp . v/Fl Guida. 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). Interoperable communications exercises TOTAL EXERCISE EXPENDITURES $34,554.55 911 Q Packet Pg. 245 C.9.b Iri glble Equipment rcguNsltiora 'Costs Fite table bsiow Nghlights rite alowable equipment categories for this 4ward. A bDrripr eheiisfve siinb of these allowable equipriier�t categories. and specific equipment eligible under each eMegary, are Quantity Unit Cost Total Cost listed on the web -based version of the AuthDdzed Equipment list (AEL) at htt6:ilbeii-f@mB, 0vii-mlhorized�gO!Prnent4i-st. Broward Sheriff's Office Mass Casualty Incident Protection for Fire Rescue — Ballistic Helmets, AEL #O1LE-0I-HLMT, 1 $18,027.60 $18,027.60 Line item 2016-05 Broward Sheriffs Office Mass Casualty Incident Protection for Fire Rescue -- Ballistic Vests, AEL #O1LE-0I-ARMR, Line 1 $31,404.00 $31,494.00 item 2016-06 Palm Beach Sheriffs Office SWAT CBRNE Gas Mask and Amplifier; AEL #0 1 AR-06-RE US and 030E-01-CTAC; Line 1 $30,26911 $30,259.91 Item 2016-67 :�€7cp�gsis'te.2llwlc�.rrrFtigalfo�,t�d�nted#abonuifirtt®tst _- - Broward Sheriffs Office Explosive Ordinance Device Team Portable X-Ray Unit, AEL #02EX-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 $29,618.18 $59,236.36 BSUT; Line Item 2016-37 CSP.IWE opmtional s" and rescue equlpment - 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 $18,002.17 Refills; AEL 4030E-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 $73,799.68 Clip on thermal Imagerw1eyeplece, batteries, case, special lighting and aiming laser; AEL #030E-02-TILA and 04MD-01- LAMP, Llna Item 2016-12 Coral Springs Police Mobile Message Boards to Relay Emergency Messages, AEL 4030E-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; AEI. #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 Sheriff's Office Bomb Squad EOD Detection 2 $2,961.82 $5,923.64 KiWMuiti-Meters; AEL #030E-04-MMTR; Line item 2016-58 Pembroke Pines Portable Elevated Surveillance Platform; 1 $70,992.81 $70,992.81 AEL 9030E-07-ROVL; Line Item 2016-60 Sunrise SWAT Robot Accessories and Upgrades to include claw attachment kit, quick release FUR attachment and 1 $12,713.11 $12,713.11 hardshell transit case; AEL #030E-07-UPGD; Line Item 2016-74 37 Packet Pg. 246 C.9.b Sunrise Portable Elevated Surveillance Platform; AEL 1 $71,083 64 $71,083 64 0030E-07-ROVL; Line Item 2016-76 Broward Shertfr's Office DIRT Digital Camera System will Include; Digital Controller and Monitor, Mimi high Resolution Camera, Camera Cable with 1000' breaking 1 $14 609.09 $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-0141011T; Line Item 2016-16 Miramar Incident Command System Software; AEL #04AP- 1 $15,796.36 $15,796.36 05-COSS, 04AP-01-CADS; Line Item 2016-53 Miami Regional Incident command software system needed for regional info sharing during emergency operations as well as no"mergency situations to provide a platform for 1 $123,409.09 $123,409.00 day -today regional Info sharing and updates; AEL #04AP- 05.CDSS, NAP-03-GISS, 04SW-04-NETW; Line Item 2016-87 Ljrberea+rityl~nhancementqugrrtilont - -. 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 Interopemble oommunkativns 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 #l06CP-01- 1 $95.691.41 $95,691.41 MOBL; Line Item 2016-55 Pembroke Pines Portable P25 Compllant Radios; AEL 1 $47,183.74 $47,183.74 #OSCP-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 #OSCP-05-LPBX, 04HW-04-CABL, 21GN-00-INST and 21GN-00-MAIN; Line Item 2016-72 38 C. Packet Pg. 247 C.9.b FL 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-OD-MAIN; Line item 2016-73 1 $22,460,45 $22,460.45 Coral Gables Hazardous Materials Detection Equipment, AEL # 07CD-01.DPMG Line Item 2016-08 1 $19,745.45 $19,745.45 Palm Beach Sheriff's Office EOD Analyzer - Chemical and Explosives Detection Instrument; AEL #07ED-01-LASR; Line Item 2016-59 1 $96,020.17 $96,020.17 �3eCorriBm�nalKin�£quTprrr�t Sunrise FRTK-1 First Responder Trauma Kits for Police; AEL #090E-03-KTFA; Line Item 2016-75 100 $108.60 $10,860.00 pcppmant C9RNE Refs eir Uat dAs CBRNE Incident Response Whiles Miami bade EOD Personnel Carrier capable of carrying four bomb technicians and a locked storage box In the bed of 1 $30,605.45 the vehicle; AEL #12VE-00-MISS; Line Item 2016-38 $30,605.45 ;terrorism Incident Prevention Equipment Miramar Ale rt/Notif€catlon System; AEL #13IT-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 Physical Security Enhancement Equipment Miami Ethemet 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 ' 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-D1SP, 21GN-00-MAIN; Line Item 2016-31 1 $177,709.09 $177,709.09 Miami Dade Security Cameras and Access Controls at Miami Dade FR H4 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 $35,341.82 1 39 r Packet Pg. 248 C.9.b `- 1 l �1rrlrrialanC giants Miami Beach CBRNE Prevention and Response Police boat with Inflatable hull and full cabin, AEL #1TWC-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 #1TWC-00-BOAT• Line item 2016-42 tBRNEAviation Equipment ,�RNE Lng�st}c�l5uppo�tNEgu3pmant , Hollywood Fold -out temporary shelter and standard 1 $59,832.68 $59,832.68 mobilizer; AEL #19GN-00-HSSF; Line Item 2016-22 4n ent 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 casts in this category: Written ePproval must be ,prbvided b MMA - " r to the use of any funds for construction or fenoiration Coral Gables Maintenance/Sustainment/Repair! Replacement for UASI Purchased Equipment; AEL #21GN- 1 $4,936.36 $4,936.35 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 $70,984.91 maintenance, AEL#21GN-00.00EQ, 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 N21GN- 1 $24,681.82 $24,681.82 00-CCEQ, and 19GN-00-1BGPK, 08CP-01-PORT, 09ME-01- BAGM, Line item 2016-16 Key Biscayne Maintenance/Sustainment/Repairi Replacement for UASI Purchased Equipment; AEL #21 GN- 1 $16,171.53 $16,171.53 00-MAIN; Line Item 2016-23 Miami Maintenance/SustainmentlRepair!Replacement for HSGP Purchased Equipment; AEL #21GN-00-MAIN, Line 1 $321,22.1.00 $321,221.00 Item 2016-25 Miami EOC Enhancements!Maintenance/Sustalnment, AEL 1 $78,961.83 $78,981.83 #21 G N-00-OCEQ, Line Item 2016.26 Miami Dade Fusion Center Operations to include 24 month license to Snaptrends Social Intelligence System; AEL 1 $24,681.82 $24,681.62 #21GN-00.00EQ 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 HIJ Packet Pg. 249 C.9.b Palm Beach Sheriffs Office Regional Fusion Center Operations to include computer hardware and peripherals, software maintenance, DHS sponsored Training, alert system and TLO program support and office 1 $153,027.27 $153,027.27 supplies/equipment; AEL #21GN-004OCEQ, 04HW-01-INHW, 131T-004NTL,131T-00-ALRT; Line Item 2016-66 Regional Citizen Corps/CERT Planning, Training Exercise and Equipment; AEL 921 G N-00-CCEQ, 19GN-00-BGPK, 1 $52,031.26 $52,031.25 21CR-00-MEDI 06CP-0I-PORT; Line Item 2016-70 :TOTAL EQUIPMENT EXPENDITURES $3,521,836.03 Qtsrenllly Unit cMt Tow Cast Hiring of full-time or part-time staff or contractors/consultents: 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 $257,025.00 Development of operating plans for Information collection and processing necessary to respond to DHSIFEMA 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, Backflil Costs also called 'Overtime as Backfill' are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA — approved activities outside their core responsibilities. Neither overtime nor bac"ll expenses are the result of an increase of Full — Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That Is, an employee of s unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act FICA Workers' Compensation and Unemployment Compensation. Travel expenses Meeting -related expenses (For a complete list of allowable meeting - related expenses, please review the OJP Financial Guide at http./Mww.ojp.usdoj.gov/FinGulde). 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 feestcharges 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 $5,158,500.00 41 M ti c4v, e 0 O a 29 2 e rt� c m E m m d m E s u R a Packet Pg. 250 C.9.h ATTACHMENT 8 SCOPE OF WORK Sub -recipients must comply with all the requirements in 2 C.F.R. Part 200 (Uniform Administrative 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 Management 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' density Urban Areas in efforts to build, sustain, and deliver the capabilities necessary to prevent, protect against, m'tigate, respond to, and recover from acts of terrorism. IL Categories and Eligible Activities FY2016 allowable costs are divided 'nto the following categories: Planning, Organization, Exercise, Training, Equipment and Management and Administration are allowable categories in Jis Agreement, Each categorys allowable costs have been listed IXl .(he "B�;�get Detail Worksheet" above. A. Allowable Planning Related Costs + UASI funds may be used for a range of emergency preparedness and management planning activities and such as those associated with the development of the THIRA, SPR, continuity of oper4tions plans and other planning activities that support the Goal and placing an emphasis on updating and maintaining a current EOP that conforms to the guidelines cuthred in CPG 101 v 2.0. • Developing hazardl:hreat-specific annexes that incorporate the range of prevention, protection, response, and recovery activities • Developing ar.d implementing homeland security support programs and adopting DHSIFEMA national initiatives Developing re'ated 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 contrac`Jconsultants to assist w!th p;ann'.ng activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) • Materials required to conduct planning activities • Travel/ per diem related to planning activities • Overtime and backfill 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 inform ationled u cation 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 14 Packet Pg. 251 c.s.b enhance the continuing development of state and local emergency management across the five mission areas of the National Preparedness Goal and across all core capabil'ties. TA provides tFe 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 jur'sdictions for DHSIFENIA TA. TA deliveries combine current emergency management best practices with practical consideration of emerging trends, through discussion facilitated by DHSIFEMA contract specialists and with the support of FE141A Region operational specialists, While the invitation of participants is up to the requesting jurisdiction, OHSiFEMA encourages requesting jurisdictions to incs"ude the broadest practical range of its emergency managers and planners in all TA deliveries. TA deliveries should be made open to neighboring jurlsdictions. As necessary, ❑HSIFEMA may also Invite other Federal experts and practitioners to participate. Additionally, peer -to -peer representation may also be included from other jurisdictions that have recently used TA for the same planning issue. The TA catalog, showing the full range of TA available across all five mission areas and by all providers, and the TA request form can be accessed at http://vanvw.fema.gov/neconal-incident- management-systemOfema-technical-assistance-division. B. Organization (SHSP and UASI Only) Organizatlona! activities Include: • Program management; Development of whole community parinerships,"t�rough groups such as Citlzen Corp Councils, - Structures and mechanisms for informa =on sharing between the public and private sector; • Implementing rnode:s, programs, and workforce enhancement Initiatives to address Ideotagically-inspired radicalization to violence in the homeland; . Tools, resources and activities that facilitate shared situational awareness between the public and private sectors; • Operational Support; . Utilization of standardized 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 Systern (NTAS), or needs in resulting from a National Special Security Event; and • Paying salaries and benefits for personnel to serve as qualified intelligence analysts, States and Urban Areas must justify proposed expenditures of SHSP or UASI funds to support organization activities within their IJ submission, Ali SAAs are allowed to utilize up to 50 percent (50%) of their SHSP funding and ail 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 FEMA 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: • Documentation explaining why the cap should be waived; • Conditions under which the request, is being submitted; and 43 !Packet Pg. 252 C.9.b A budget and method of calculation pf personnel costs both in percentages of the grant award and in total dollar amount, To avold supplanting Issues, the request must also include a three year staffing history for the requesting entity. Organizational activities under SHSP and UASI include: * Intelligence analysts. Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Publ°c 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 informationlintell'gence sharing capabilities, as well as support existing intelligence analysts previously covered by SHSP or UASI funding. In order to be hired as an intelligence analyst, staff and/or contractor personnel must meet at least one of the following criteria: Successfully complete training to ensure baseline proficiency in intelligence analysis and production within six months of being hired; and/or, c Previously served as an intelligence analyst for a minimum of two years either in a Federal intelligence agency, tl.e military, or State and/or local law enforcement intelligence unit en 4 As identified in the Maturation and Enhancement of State and Major Urban Area Fusion Centers priority, all fusion center analytic personnel must demonstrate qualifications that meet or exceed competencies identified in the Common Competencies,for,State,.Loc_al, and Tribal Intelligence _. r- Analysts, which outlives the minimum categories of training needed for intelligence ar;alysts. A �-- certificate of completio^ of such training must be on file with the SAA and must be made available o to the grantee's respective Headquarters Program Analyst upon request. In addition to these �_ training requirements, fusion centers should a;so continue to mature their analytic capabilities by o addressing gaps in analytic capability identified during the fusion center's annual assessment. m Overtime costs. Overtime costs are allowable for personnel to participate in Information, investigative, and Intelligence sharing activities specificaliy related to homeland security and specifically requested by a Federal agency. AJowable costs are limited to overtime associated wits federally requested participation, in eligible fusion activities, including anti -terrorise. task forces, Joint Terrorism Task Forces (MFs), Area Maritime Security Committees (as required by the 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 CHS grant funding be used to pay for costs already supported by funding from another Federal source. Operational overtime posts. 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 critics" infrastructure sites in the following authorized categories: o Sackfill and overtime expenses for staffing State or Major Urban Area fusion centers; o Hiring of contracted security for critical infrastructure sites; o participation in Regional Resiliency Assessment Program (RR.AP) activities; o Public safety overtime; 44 Packet Pg. 253 C.9.b Title 32 or State Active Duty National Guard deployments to pro-ect critical Infrastructure sites, including a.i resources that are part of the standard National Guard dep'oyment package (Note: Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard dep'oyment 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 wr'ting by the FEMA Administrator per instructlons in 19_379. G. Allowable Exercise Related Costs Exercises conducted with grant funding should be managed and conducted consistent with ;; HSEEP. HSEEP guidance for exercise design, development, conduct, evaluation, and improvement planring is located at https:/fwwiv.fema.gov/exerclse. • Design, Develop, Conduct, and Evaluate an Exercise e Full- or part-time staff or contractors/consultants • Overtime and backfill costs, Including expenses for part-time and volunteer emergency response personnel participating in DHSlFEMA exercises D .Implementation of HSEEP .. Activities to,a&,ieve exercises inclusive �of.peoDie with d_isaWities T_ h • Travel • Supplies assocated with allowable approved exercises [s • Interoperable commir,ications exercises Additional Exercise Information Sub -recipients that decide to use HSGP funds to conduct an exercise(s) are encouraged to compiele a progressive exercise ser'es. Exercises conducted by slates and Urban Areas may be used to fulfill similar exercise requirements required by other grant programs. Sub -recipients are encouraged to invite representatives/planners Involved wi,h other Federally -mandated or private exercise activities. States and Urban Areas are encouraged to share, at a minimum, the multi -year training and exercise schedule with those departments, agencies, and organizations included in the plan. Exercise Scenarios. The scenarios used in HSGP-funded exercises must be based on tt:e statelUrban Area's THIRA and SPR. The scenarios used in HSGP-funded exercises must focus on validating capabilities, must 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 align 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 Bowl, 0,8 Summit), the special event planning should be considered as a training or exercise activity for the purpose of 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 special events in the klulti-year TEP 45 Packet 'Pg. 254 G.9.b Role of Non -Governmental Entities In Exercises, No.n-governmental participation in all levels of exercises is strorgly 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 Integration and use of non- governmental resources provided by non -governmental entities, defined as the private sector and private non-profit, faith -based, community, partic;pation in exercises should be coordinated with the local Citizen Corps Council(s) or their equivalent and other partner agencies. i=DEM State Training Office conditions for Exercises: For the purposes of this Agreement, any exercise whic� is compliant with HSEEP 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 completfon or sim lar correspondence signed by the P Individual in charge of the exercise; add:Ttionally, the Sub -recipient must provide the Division with 0 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 - u. recipient must provide the Division with an ExPLAN, AAR/IP, IPC/MPC/FPC Meeting Minutes Q 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-reclpient In order to conduct c the exercise. _- - _ --__---- _ s• ri The Sub -recipient must include with the rrimbursemeot package a separate copy of the page(s) from the Exercise Plan which identifies the participant agencies and a printed pege(s) from the State (and County or Regional) MYTEP reflecting the exercise. • If you require food/water for this evert, 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 food/water: 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 apparatus (e.g., fire trucks, ambulances). Equipment that is purchased for permanent installation and/or 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 AAFUIP or other assessments (e.g., National 46 Packet Pg. 255 Emergency Communjcations Plan NECP Goal Assessments) and contribute to building a capability that will be evaluated through a formal exercise. Any training or training raps, including those for children, older adults, pregnant women, and individuals with disabilit°es and others who also have or access and functional needs, should be identified in the AARIIP and addressed in the state or tlrbar. Area training cycle. Sub -recipients are encouraged to use existing training rather than developing new courses. When developing now courses, sub -recipients are encouraged to apply the Anatysis, Design, Development, Implementation and Evaluation model of Instructional design using the Course Development Tool. • Overtime and backflll for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes • Overtime and backflll expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training • Training workshops and conferences • Activities to achieve training inclusive of people with disabilities • Full- or part-time staff or contractorsiconsultants - Travel • Supplies associated with allowable approved training that are expended or consumed during the course of the planning and conduct of the exercise project(s) Instructor certification/re-certification • Coordination with Citizen Corps Councils in conducting training exercises • interoperabie communications training Additional Training Information Per DHSlFEMA Grant Programs Directorate Policy FP 207-008-064-1, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, issued on September 9, 2013, states, territories, Tribal entitles and urban areas are no longer required to request approve' from FEMA for personnel to attend non-DHS FEMA training as Fong 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 FEMA mission scope and the jurisdiction's Emergency Operations Plan (EOP). The only exception to this policy is for Countering Violent Extremism courses. DHS/FEMA will conduct periodic reviews of a;l state, territory, and Urban Area training funded by DHSlFEMA. These reviews may include requests for all course materials and physical observation of, or participation in, the funded training. If these reviews determine that courses are outside the scope of this guidance, sub -recipients wK 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. DHSlFEMA Provided Tralning. These trainings Include programs or courses developed for and delivered by institutions and organizations funded by DHS/FEMA. This includes the Center for 47 Packet Pg. 256 C.9.b Domestic Preparedness (CDP), the Emergency Management InstitJte (EMI), and the National Training and Eoucation Division's (NTED) training partner programs including, the Continuing Tra'ning Grants, the National Domestic Preparedness Consortium (NOPC) and the Rural Domestic Preparedness Consortium (RDPC). Approved State and Federal Sponsored Course Catalogue. This catalogue lists state and Federal sponsored courses that fail within the IDHSiFEiMA mission scope, and have been approved through the FEMA course review and approval process. An updated version of this catalog can be accessed at httpp://www,firstrvspondertraining.gov. 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 tall within the DHS/FEhIA 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. C9 ■ State Sponsored Courses. These courses are developed for and/or delivered by V_ institutions or organizations other than Federal entities or DHS/FEMA and are LL 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 enti_ies to enhance pubic -private partnerships for training personnel to prevent, protect against, mitigate, respond to, r, and recover from acts of terrorism or catastrophic events. Overtime paX 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 c encouraged to incorporate the private sector in government -sponsored training and 2 exercises. Additional inrormation on both DHS/FEMA provided training and other federal and state training car. be found at http://www.firstrespondertrai-iing.gov. Training Information Reporting System ("Web -Forms"). Web -Forms is an electronic formfdata 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:llwmpi.firstrespondertraining.gov/admin 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 a4endfng an authorized training course, the Sub -recipient must provide the D�vlsion with a certificate of course completion; 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 Packet Pg. 257 C.9.b E. • For courses that are non-DHS approved training" sub -recipient must request approval to conduct training through the use of the Non-TED Form and provide a copy, along with email, showing approval granted for conduct.. • For the concuct of training workshops, sub -recipient must provide a copy of the course materials and sign -in sheets. The number of participants must be a minimum of 15 in order to;ustify the cost of holding a course. For questions 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, then the Division will reduce the amount authorized for reimbursement on a pro-rata basis for any training with less than 15 participants. • The Sub -recipient must Include with the reimbursement package a separate copy of the page(s) From the State Sand County or Regional) MYTEP reflecting the training. Equipment Acquisition The 21. allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for.HSGA are listed on -the -Authorized Equipment____ List (AEL) available at htto:Llwwy.fema.00v/authorized-ecuipment-fist. Unless otherwise stated; equipment must meet all mandatory regulatory and/or DHSIFEMA-adopted standards to be eligible for purchase using these funds. In addition, agencies wilt be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Grant fur.ds may be used for tine procurement of medical countermeasures. Procurement of medical countermeasures must be conducted in collaboration with State/citybeal health departments who administer Federal funds from HHS for this purpose. Procurement must have a sound threat based justification with an air, to reduce the consequences of mass casualty incidents during the first crucial hours of a respo^se. Prior to procuring pharmaceut;cais, 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 encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharrr,aceuticals must include a budget for the disposal 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 period. 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, including, 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 of an emergency, the equipment can be deployed on 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 (FDEM) must approve any purchases of equipment not itemized in a project's approved budget in advance of the purchase. The sub -recipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Fiorida Domestic Security 49 Packet Pg. 258 C.9.b Strategy," ensure that ail equipment purchased with these funds is used to respond to any and all incidents within its regional response area as applicable for so long as ;his Agreement rema'ns in effect. Prior to requesting a response, the FDEM will take prudent and appropriate action to determine that the lever 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 equipment's posted shelf -life or normal fife expectancy or when it has been expended. The sub -recipient shall notify the FOEM immediately if the equipment is destroyed, lost, or stolen. The sub -recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, ZZ encumber or otherwise dispose of the eligible equipment without the prior written M consent of the FOEM. Management and Administration -no more than 5% of each sub -recipient's total award � U. may be expended on Management and Administration costs. CIO Hiring of full-time or part-time staff or contractorsiconsu'ltants: To assist with the management of the respective grant program To assist with application requirements - To `a ssl"stWIth'the-Compllanl�yWlth rmporting'aiid"data'Coll edtiofffoulref 6Me Development of operating plans for information collection and processing c o necessary to respond to FEMA data calls +°n Overtime costs - Overtime are allowable for personnel to participate In information, investigative, and intelligence sharing activities specifically related to homeland security and specifically requested by a Federal agency. Allowable costs are limited to overtime associated with federally requested participation in eligible fusion activities including antl- terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Martime Security Committees (as required by Maritime Transportation 5eceirity Act of 2002), OHS 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 OHS 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 UAS1 funds for organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastnictures 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 Packet Pg. 259 G.9.b ! I:1 • Increased border security activities in coordination with CP9, as outlined In Information Bulletin 135. FY 2016 UASI funds may only be spent for operational overtime costs upon prior approval provided in writing by the FEMA Administrator. Travel expenses Meeting -related expenses (For a complete list of allowable meeting -related expenses, please review the OJP Financial Guide at htt ,./itivww,o' ,usdo', ov/FlnGuide), Acquisition of authorized office equipment, Including: • Personal computers r, • Laptop computers Printers • LCD projectors, and sp • 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: Q Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. • -Leasing and/onrenting of space for newly hared personnel during the period of • • - INperformance of the grant program c 0 Procurement Ali procurement trarsactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: * 2 C.FR part 200; * Chapter 287, Florida Statues; and, * any local procurement policy. To the extent that one standard is more aWngent than another, the sub -sub -recipient must follow the more stringent standard, For example, if a State statute imposes a stricter requirement than a Federal regulation, then the sub -sub -recipient must adhere to the requirements of the State statute. The Division shall pre -approve all scopes of work for projects funded under this agreement, Additionally, the sub-sub.-reciplent shall not execute a piggy-back-pontract 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 -sib - 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. 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 Packet Pg. 260 C.9.b the new contract, including the scope of work, must be substantially the same as those of the existing contract. Tine piggyback contract may not exceed the existing contract in scope or volume of goods or services. An agency may not use the preexist°ng contract merely as a 'basis to begin negotiations" for a broader or materially different contract. Sectlon 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-reciplent, as those terms are defined in s. 215.97, or that provides federal financial assistance to a sub-sub-reciplent, as defined by apprcable United States Of°ice of Management and Budget circulars, must include all of the following, 49 A provision specifying a scope of work that clearly establishes the tasks that the sub -recipient or sub-sub-reciplent is required to >_ perform. A provision dividing the agreement Into quantifiable units of deliverables that must be received and accepted in writing by the D, agency before payment. Each deliverable must be directly related to ems, the scope of,work and specify thp, requireol.,mir�imum,levei of s.ervice.. to be performed and the criteria for evaluating the successful completion of each deliverable. o • A provision specifying the financial consequences that apply if the sub -recipient or sub -sub -recipient falls to perform the minimum levei c of service required by the agreement. The provision car be excluded °rom the agreement only if financial consequences are prohibited by Q: the federal agency awarding the grant. Funds refunded to a state SI agency from a sub -recipient or sub -sub -recipient for failure to w 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-reciplent of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the S specified agreement period. • A provision specifying that any balance of unobligated funds which Q has been advanced or paid must be refunded to the state agency. +; • A provision specifying that any funds paid in excess of the amo;snt to C which the sub -recipient or sub -sub -recipient is entitled under the E 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 bacicfllling 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 Packet Pg. 261 C.9.b from an award for a singe 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 backfill must be reduced by the number of hours of leave taken in the pay period. For the purposes of .his agreement, leave and pay period are defined according to the Fair tabor Standards Act (FL5A), Failure to comply Failure to comply with any of the provisions outlined above shall result in d;sallowance of reimbursement for expenditures. Unallowable Costs (SHSP, UASI and OPSG) . Per FEMA policy, the purchase of weapons and weapons accessories is not allowed with HSGP, J. Reporting Requirements #, c R 1. Quarterly Programmatic Reporting: 0 The Quarterly Programmatic Report is due within thirty (30) days after the end of the m reporting periods (March 31, June 30, September 30 and December 31) for the Ire of this >_ contract. U. • If a report(s) is delinquent, future figancial reimbursements will be withheld until to the Sub -recipient's reporting is current. • If a report goes two (2) consecutive quarters without Sub -recipient reflecting any s-willjikeiy reaul�jntermination Qf �b gC� Oe t,---._ .._ _ ti activtty a,nd/,pr rip. expenditure, _. :..- -- ..._. ; _ ::... - - N Programmatic Reoartina Schedule Reporting Period Report due to FDEM no later than January 1 through March 31 Aril 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 i January 31 Programmatic Reporting-113SIR Biannual Strategic Implementation Report: After the and of each reporting period, for the life of the contract unless directed otherw?se, the SAA, will complete the Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT) htt s,llwwN.re ortin .od s, ov. The reporting periods are January 1-June 30 and July 1-December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at any time during the contract period. Reimbursements mus; be requested within ninety (90) calendar days of expenditure of funds, and quarterly at a minimum. Failure to submit request for re€mbursement 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 Packet Pg. 262 C.9.h Budget". A line 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 Deport is due to the Florida Division of Emergency Management no lacer than sixty (60) calendar days after the agreement is either completed or the agreement has expired. K. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Michael J. Day Felicia Pinnock FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 488-3133 (850) 410-3457 Michael.Da 'a_em.m lorsda.com I Felicia.Piniock@em.myflorida.com L_ Contractual Responsibilities The FDDA shall determine eligibility of projects and approve changes in scope of work. The FDEM shaA administer the financial processes. 54 w t7 W u- a 0 c 0 0 to d rY E e� c c d E m 9 or a: E n �v Packet Pg. 263 C.9.b 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, organizaton, 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 Ilml`.ations of this Agreement, the Division shall reimburse the Sub - recipient for the actual cost of successfully completing Planning activlt!es consistent with the guidelines contained in the Comprehensive Planning Guide CPG 101 v.2. For additional Information, please see http:l/wxw.N n, a.nay/pdf/about/divisionslnod1QPG 101 V2.pdf or grant guidance (Notice of Funding Opport jolty). For the purposes of this Agreement, any planning activity such as those associated with the Threat and Hazard identification anC Risk Analysis (THiRA), State Preparedness Report (SPR), and other planning activities that support the National Preparedness Goal (NPG) and place an emphasis on updating and maintaining a current Emergency Operations Plan (EOP) are eligible, The Sub -recipient can successfully complete a planning activity either by creating or updating such plan(s). Or&ftI ation-DOWdiablid S0lJj_ecf% the funding liraW666s bfttiis Agreemdi f,-the1717R[dri shall reirriburse,-th6Sul5:'� recipient for the actual eligible costs for Personnel, Intelligence Analysts, Overtime and Operational Overtime, Exercise Deliverable: Subject to t'ne funding limitations of this Agreement, the Division shall reimburse the Sub - recipient for the actual cost of successfully completing an exercise which meets the Department of Homeland Security Homeland Security Exercise and Evaluation Program (HSEEP) standards and is listed in A) the State of Flodda Multi -Year Training & Exercise Plan (NWTEP), and B) County or Regional TEP for the region in which the sub-sub-reciplent is geographically located. information related to TEPs and HSEEP compliance can be found onilne at: httcs:/fwnnry ll!s.dhs.aov?hgeeg. For the purposes of this Agreement, any exercise which Is compliant with HSEEP standards and contained in the State of=tor'da MYTEP qualifies as an authorized e:rsrcise. 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- recipientfor 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 approval using the Nan-TED form by contacting their grant manager, The DHS course catalog is avellablE online at: hitp:l/trainirg.fema.00vl. For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub-reciplent can successfully complete an authorized course either by attending or conducting that course. Equipment Deliverable: Sub,act to the funding limitations of this Agreement, the Division shall reimburse the Sub - recipient for the actual cost of purchaeng an item identified in the approved project funding template and budget of this agreement and listed an the DHS Authorized Equipment List (AEL). For the purposes of this Agreement, any item listed on the AEL qualifles as an authorized item. The 21 Wlowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed or the wrest -based version of the Authorized Equipment List (AEL) on the Lessons Learned Information System at http:Ybela,fema.goa/age orized- eauloment-list. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. M Packet Pg. 264 Costs for allowable items will be reimbursed if incurred and completed within the period of performance, in accordance with the Scope of Work, Attachment 6 of this agreement. 56 eh C Packet Pg. 265 C.9.b 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 et seq. 7) Title VIII 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 sett. 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--e1S0-49-U.S:C.-§-40118T ---- 16)Hotel and Motel Flre 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)Rehabilitation 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 Packet Pg. 266 ATTACHMENT E JUSTRCATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ? ADVAINCE REQUESTED Advance pavtxten( of $ is requested. Balance of payments will be made on a reinibursernent bads. These funds are needed to pay staff, award benefits 'o clients, duplicate forms and purchase start-up supplies and equipment. We would not be able; to operate the program without this advance. It you are reque5iing an advance eomplete the lotlowtng Chart and tine item Justtf eadon bealow. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_•20_ Anticlpated Expenditures for First Three Months;90 (list applicable line Items) days) of Funding Agreement For example--- - -- - - — - _ ADMINISTRATIVE COSTS (include Secondary Administration.) For example PROGRAM EXPENSES -� TOTAL EXPENSES LINE ITEM JUSTIFICATION (Fcr 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. tc 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 Packet Pg. 267 ATTACHMENT F WARRANTIES AND REPRESENTATIONS Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302, Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C,F.R. §200, Part D—Past Federal Award Requirements —Procurement Stardards (2 G.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 ernployee, officer, or agent shall participate iri -the* of a'carttract supported by public 5rant f•.ands ifi a real-7 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 a np;oy any of the parties indicated, has a Financial or other interest in the firm selected for an award, The officers, employees, and agents of the Sub -recipient shall neither solicit nor accept gratulties, favors, or anything of monetary value from contractors or parties to subcontracts, The standards of conduct shall 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-reciplent shall have its offices open for business, witti the entrance door open to the public, and at least one employee on site, from Moo.'_-CY t Licensing and Psrmittin i All subcontractors or employees hired by the Sub -recipient shall have all current licenses and permits required for all of the parilcular work for which they are hired by the Sub -recipient, 59 Packet Pg. 268 C.9.b ATTACHMENT G c—it's" Regarding T: , ba D `,, i3° a sI nevi 1 11 T . A yy jy y b° Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, _ - certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the Q prospective subcontractor shall attach an explanation to this form. M O SUBCONTRACTOR: 0 E By:-_ ro Signature Sub -recipient's Name m E a� rn Name and Title FDEM Contract Number `t I � m — c�Ei l Street Address Project Number a City, State, Zip Date Packet Pg. 669 C.9.b ATTACHMENT H STATEMENT OF ASSURANCES All of the Instructions, guidance, limitations, and other cond'tions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by refererce in the terms and conditions of your award. All 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 non -Federal sources. All sut;-recipients must acknowledge their use of federal funding when lssuing 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 conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a sub -recipient from shifting costs that are allowabie under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and condtt'.ons of the Federal award. ------- _ _ .Suti=fecip�ents are �egii�e�-tocompTy wTtii`ttle r=squirenien(s set��i'�n`t�ie government=v+'rfd2Awardie�rri-�_� regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full 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 investigaflor conducted by the State Administrative Agency or DHS. 2. Sub -recipient will give the State Administrative Agency, DHS or through any authorized representative, access to and the right to examine and copy records, accounts, 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 proficlency), 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 -recipient will forward a copy of the finding to the Office for Civil Rights. Office of Justice Programs. 61 Lo a w r U) KC c c re .E 2s 2 c eo c 0 E 0 ao Q c eL Packet Pg- 270 C.9.b 6. Sub -recipient pall acknowledge their 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 establ;sh safeguards to prohibit employees front 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 mus' comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. 9. Sub -recipient wi:l ensure that the facilities under its ownership, lease or supervision which shall be p utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal 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 longer Q needed for the original project or program or for other activities currently or previously supported by D OHSIFEMA, you must request instructions from FOEM to make proper disposition of the equipment 9 --_-_...-_-_-- Section 200.313, cmpursuant to 2 C.F.R.e u_.. r- 62 Packet Pg, 2i1 C.9.b ATTACHMENT l REIMBURSEMENT CHECKLIST PLANNING E' 1. Does the amount billed by consultant add up correctly? 77 2. Has all appropriate documentation to denote hours worked been properly signed? F1 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (Note - If a meetirig 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 consultanticontractor been included? (Note - grant N agreement must be referenced on the Invoice,) -- - 5--Has prdof of payment been included? '- - _ - 0 N Canceled check c 0 Electronic Funds Transfer (EFT) Confirmation s Credit Card Statement & payment tc credit card company for that H statement m 0 6. Has Attachment G (found within Agreement with FDEM) been completed for this E W contra ctoriconsul tant 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 clarify is needed. a Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) a Competitive bid results (e.g. Quotewire, bid tabulation page) c E Consultants/Contractors Note: this applies to contractors also billed under r C?rgan iYa ti an) TRAINING � D 1, Is the course DHS approved? ❑ 2. Is there a course or catalog number? If not, has FDEM approved the non-DHS training? F7 3. Have Sign -In Sheets, Rosters and Agenda been provided? 63 Packet Pg. 272 C,9.b C 17 4. If billing for overtime and/or backfilf, 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 systern been provided as proof attendees were paid? For backfilf, 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, recefpts and proof of payment must be submitted. Canceled check Electronic Funds Transfer (EFT) Confirmation - ---_ Credit -Card -Statement-&-payment-to.credit card -company. 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 FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) EXERCISE — Has documentation been provided on the purposelobjectives 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 ® 3. if billing for overtime and backfill, has a spreadsheet been provided that fists 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? $4 Packet Pg. 273 For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? Ej 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 w statement m L 6. Has any expenditures occurred on rental of space,'locations 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 •• 5ta#emenfredit Card Statement & payment to credit card company for that e N ❑ 7. Has proof of purchase methodology been included? Please see Form 5 of .0 Reporting Forms or Purchasing Basics Attachment if further clarity is needed. o 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) E v L!!Q p!V{ENT L 1. Have all invoices been included? E m ❑ 2. Has an AEL # been identified for each purchase? C ❑ 3 If service/warranty expenses are listed, are they only for the performance period m of the grant? E t cs ❑ 4. Has proof of payment been included? Q 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 Packet Pg. 274 C.9.I3 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) Tall 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,_ Has proof pf,p,ayrnent to traveler been included? Canceled check - -- Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that staternent 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 casts unrelated to training. SALARY POSITIONS 1. Has a 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 Packet Pg. 2T5 C.9.b ORGANIZATION F7' 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 pacd to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? For backfihl, has a clear delineation/cross reference been provided showing who was backfilling who? FOR ALL REIMBURSEMENTS - THE FINAL CHECK C [� 1. Have all relevant forms been completed and included with each request for 0 D reimbursement? 'p 2. Have the costs incurred been charged to the appropriate POETE category? 3.•_Roes._the.total..on_a11—Forms.. sub mitted_match-?_._______._.__... U. rn a c 4. Has Reimbursement Form been signed by the Grant Manager and Financial o Officer? 0 y 5, Has the reimbursement package been entered into sub -sub -recipients lr records/spreadsheet? E V c 6• Have the quantibj and unit cost been notated on Reimbursement Budget Breakdown? m E a 7. if this purchase was made via Sale Source, have you included the approved Sole Source documentation and justification? Q [] 8. Do all of your vendors have a current W-9 (Tax Payer identification) on file? E a Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compllance with applicable federal and state rules and regulations. 67 Packet Pg. 276 C.9.b 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. t� r } Monitoring is accomplished utilizing various methods including desk monitoring and on -site "- a visits. There are two primary areas reviewed during monitoring activities-fnancial and � programmatic monitoring, Financial monitoring is the review of records associated with c the purchase and disposition of property, projects and contracts.. Programmatic monitoring is the observation of equipment purchased, protocols and other associated c r records. Various levels of financial and programmatic review may be accomplished during c 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 ivionitoring 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 FDE%l 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 although a givers grant may be closed, it is still subject to either desk or on -site monitoring for a five (5) year period following closure, Packet Pg. 277 C.9.b 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 PolicyA^ FDEM may request additional moritoringfinformation of the activity, or lack thereof, generates questions from the region, the sponsoring agency or FDEM leadership. The method of gathering this information will be determined on a case -by -case basis. Desk monitoring is an on -going process. Sub-reyiplents wilt be required to participate in desk top monitoring as determined by FDDEM. This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if FDEM determines that sub -recipient is having difficulty completing their project. E As difficulties/deficiencies are identified, the respective region or sponsoring agency will be 0 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 rau Packet Pg. 278 • 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 FQEM or designated personnel. On -site Monitoring visits will be scheduled in advance with the sub -recipient agency POC designated in the grant agreement. � r FDEM will also conduct coordinated financial and grant file monitoring. Subject matter y Q experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. Q N _ On -site Monitoring Protocol ° On -site Monitoring Visits will begin with those grantees that are currently spending or have 0 completed spending for that federal fiscal year (FFY). Site visits may be combined when W geographically convenient, There is a financial/ programmatic on -site monitoring checklist E to assist in the completion of all required tasks. V ea Site Visit Preparation E A letter will be sent to the sub -recipient agency Point of Contact (POC) outlining the date, P time and purpose of the site visit before the planned arrival date. r G ffi 1= The appointment should be confirmed with the grantee in writing (email is acceptable) and ca documented in the grantee folder, Q 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 packetPg.279 On -Site Monitoring Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this tame, the purpose of the site visit and the items FDEM intends to examine will be identified. All objectives of the site visit will be explained during this time. FDEfvf personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tourfvisual/spot inspection of equipment will be conducted. Each item selected for review should be visually 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). a'I Q If an item is not available (being used during time of the site visit), the appropriate documentation o ..._.._�_�_i'lll5t-7' prov�ded�a accnf foF that partcufaf peeceiprt�t�C Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Monitoring Visit FDEM personnel will review the on -site monitoring worksheets and backup documentation as a learn 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 FOEM. Noncompliance on behalf of sub -grantees is resolved by management under the terms of the Sub -Grant Agreement. The On -Site Monitoring report and all back up documentation will then be included in the sub - recipient's file. 71 Racket Pg. 280 C,9.b ATTACHMEMT K EHP GUIDELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES The foPowing types of projects are to be suamitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirements prior to Initiation of the project: • New Construction, Installation and Renovation, including but not limited to: o Emergercy Operation Centers Security Guard facittk;es • Equipment buildings (suet as those accompanying communication towers) o Waterside Structures (such as dock houses, piers, etc.) • Placing a repeater anWor other equipment on an existing tower • Renovation of and modilcation to build ngs and structures that are 50 years old or older Any other corstructicn or renovation ef`ors that change or expand the footprint of a facitty or structure including security er.hancefrer.ts to improve perimeter securV • Physical Security Enhareemerts, including &A not Limited to: a Lighting o Fencing o Closed-circuit television (CCTV) systems o Motion detection systems Barriers, doors. gates and_related se urity_anhancemen's—�,_ �,_ __. in addition, the er3clon of comm,unicaiions towers that are included in a ;urisd;cticn's interoperable communications plan !s alowed, subject ,o all aprlicable laws, rsg tlatlons, and licersing previsions. Commurication tower projects must be submitted to FEVA for EHP revfew. EHP DETERMINATION PROCESS Si obrik the Firai Screeniig Memo to tie SAA for review prior to funds being expended. II, The SAA *11 review and notify the sub-redpient of its decision. The grantee should incorporate suffictant time a-td resources in.o the proje.t plarning process to accommodate EHP requirements. APPROVAL PROCESS TO FEMA I. Prepare a formal written Scope of Wor<with details outlined in the attached EHP Compliance Requirements, page 2. J. The Final SL-xeening fblerro should be attached to ali project Information sent to the Grant Programs Directorate (GPD) -or an EHP .regulatory compliance review, 4L Complete the attached National Environmental Pol'cy Act (NEPA) Compliance checklist IV. Prepare maps indicating the'ocallon(s) of proposed project (Guidance provided) V. Take phntographs of the Incatlon(s) of proposed project (Guldarce provided) vi. Forrvar' ail documents to the SAA. All documents are then Forwarded to GPD electronically v'a the Centralized ScPedulirg and Information Desk (CSID) at askesidaa dhs.00v. Vtt. C&D will serd an emai: confirming receipt of the project description. oil. FEMA Program Analyst sends notification to SAA when review Is complete. SAA notifies sub -recipient of FEMA's final decision. IX. THE PROJECT MAY BEGIN ONCE FINAL_ FEMA APPROVAL fS RECEIVED. Grantee should incorporate sufflclent time anc resources into the project planning process to accommodate EHP requirements, Grantees must receive veitter, approval from FEMA prior to the use of grant fords for project Implementation. 72 Packet Pg. 281 G.9.b ATTACHMEMT L MANDATORY CONTRACT PROVISIONS Any contract or subcontract funded by this Agreement must contain the applicable provislons outlined In Appendix II to 2 CY R. Part 200. Il is the responslbirrty Cf the sub -recipient to incf;ide the require provisions. The Division provides the following list of sample provisions that may be required: OMB GUICIance Pf. 200, App, li {Di Davis-Haeon Act. as amended Nt U.S.C, mararWii or arlavlea or&zLarily avallabla on 3t41 114H},'Alban mrialrad by Padaral proitrarn tlla opus, market or contorts for transpor- lagralatlQn. all prime ocimtnietlan ooutra,,W Gabon or Irar,anusslon of latalltCenco. In excess of f2,0M uWarded by nuo,-Adsr-al (F) Alghts to Inveuttoan IMwla Under a anti ties must lacturla a provtaton for comph. ❑ontra,,t a A3r"mant, if the Padoral award ince with bbo Davia•Bacen Act (40 U.B.C. in"bi the definition of "fumling agraerMaut" 11X1-3144. and al ir,.31431 as supplemented by under 31 L'FA 44M,2 (a! and the redpisa, or Department of Labor rvgaia:lone (20 MR subrecipiant w Aft" to antcr into a contract ?srt S. "Labor Siandards Provslga4 Appli• with a 3niall buaness Om or nonprofit oi'42- cabia to Contracts Covering lrgdorilly Fl- nization ta;a,rdin¢ the aulstltgLiOn of par- nancpd and Asmstm constriction"). In aa- tles, asai;nroant or par:'ormanca of exxpert- cuntanre with t'bs tw4te, cantmctars mu t romul. dtrta)epm9n1:41. ur resaatch sorts be rRquirad to pav wages to luboram and ma. undor that "funding agreamont." the reciph- tharims at a rate not less shah the preywhi r; ant or sttbrwlplwa rn1uG comply with the re- wartas s.peaLPlod in a wiga doWrrnination quLomants of 37 Clrlt Part40i, " Rfghls tauiq- m sda by the 9e=targ of Labor. In addition, venracn*, ijada by Noupro£t 0t2-vthsttona contmgtors moeit bo tar(airod to pay wages and: Small iBusinow Ftrina llndar Govam- not less than once A wook. The AaII-Fw1gril mont GM116L Cantraots anal Oooperabiva stAtlty ]rust plaua a copy of the enrrent pia- Agreammts." and say implemontSag rogula^ va'lling nags datermimblon issued; by thg Ua- b.ons issuod by the awardinv. sganq , patrtrrumt of Labor in aa,;a sGilfltsttaa, Tbo (Gl Clean Air Act e42 U.S.C. 740; 7t71R.1 and --------daa4^tan ta-aa1nril eomLS t t+rstrtly-anteact ,-ttt� Foccleratt-'Kze r Poliu��an-Coatraf Ace (33 rrasi be coadittera3 avnn afro a,,u+zptanre of U.S.C_ ITA-130T1, as arnerl&.3--CDUtraeta 2Rad t%so wren dotorrnlpatton. The non-N&rah aa- subgrsnte of mmouno3 to oxr.,sas of VEO,m} Uty mnct repa:G all susrai:ted or r001ltid MUt aantorn a pro!ii€ioa thW, mquires rho tnolatwaa to tba Foderni aaar:hrK aganuy, nou-Fsdarat award to agrua to comply with TtQ cantrarcc must also inclida a provislan all 4,ptizAbla standards, orders or regala- :or nv%mphawa wttii the Copaiand "Anti. trans is.Ad pursuant to the nlaas Air Act iilckba,k ' .Lit (10 C.Q.C. 31,ici, as suppic- (42 U.B.C. 74011-76T1q) and ehe Fredsral Beater mantod b7 Deparxmant of Iahar roRuhtSl anA Pollution Coats] Art at amandad t33 U 9.C. (:Q CF'tt Fart 3, "Contra,:tors and Sub- 3' 51-1287), VCatatlons mUrt bo rstpol'Gad to the ogatin,:cars an Pulflw Rulaiiog ar PuLnu Farlaral nwardlnr agetwy xrd tho Ragionai Work- F.nareed La'r bo10 or to PartbS Loan:, 01U-N of the lnvlrsomantat Prr,tsction or Grants Dom the Ualtvd StatezV % Rho Act Airancs (EPA). providas tint each aontru.�tur or s-st- (R) Mand.:ttary standards and pbllaws re- roctglont mast in proWbitsd from lllduMau. latiar to angry OUR"lancy which lira Ccn- by any moans, air,7 per�ou 49l:lplo,7W to the tainod in the state east" conservation plan coa=truct.Ian. eaniptetiori, or re air of pUb.11e $%puud ra Coinpliazea mlth QG 9nahjq PolltlY wars, to wV;o up any pa-t of na compansa• and Ceawnstlon Act (42 U.S C. 0011. tlon to w'.ilah he er slid la othaiwisa onotled, (1) Dabtrnwnt and Suspeasli,n (Faecotive 'Cho San -Federal antliq atet%rep7rt all sus- Ordws =9 and 32m)•-A roatmet award p2.ter1 or roportad violatla•ne to the Fodorsl (sea 2 CPI 190 M) most not ba made to par- Awaedun; agancF, ales listed on the gavormmgntwide Excludod (U'l Covrtrl:t 4forlr Hours and 8af"y Pxrttea List System to tha SSsta`n for Aas--r4 Slnnwards A,:i: (40 U.3.C. 3:r1t 3f40). Wham 1,Liva< arnent (SAMN111, In aecurdroca w".th the applla7hln, itil oanarams awarder) by tits rivn- e`,M,r 040 Stdallnea 3t 2 C 2 190 that Srnpianlint, Foda:aE in ox:w= of a180.ACA) that Ira XxGcutdvo Orders "1*9 (3 CPR Purr: 170t5 volve the employment of meehunius or labor. Comp., V. 1901 and MD (3 CK Fart 1099 orb ruu .t itelude a provistoa for gomphanca Comp., p, Zlrt). "Dsbariinoot and StJperdlan.^ with N U,S-C- 37113 and 3iO4, as sufip141HantsHl rho Flu Dada) Partrao t,r!'t 875t4m in SAM b1, Dapir Gn orit of I.A for iv uLAU on%,29 CPR con`..s"1as tli? name of partios dobvrod, sja- part 9). Under 40 U.S.C. 3762 of GWe +Let, "oh pandad, or athara7isa 9xaluded by ag?nClas, a3 contractor must be required to compute tare wall as parties doclarod inali;ible urtdsr stet- warfas of o ary nleebanko and laborer or. the utorr or vayulatary authority ot34r than Rx. Nola of a standard work week of 40 hours. gcutl4o order 12590- Work ro ",cats of Lha standa.'xl,ark rook is (J) Byrd AMA-Lobbyutg Amandn ant l'31 pi-rolMi-ile provided the; olio worker 15 Com• U.S.C. t=)—00ntrastgr9 that aPP13' or bid ;rvr-e.2tar3 at a rate of rot less than one and a for an award of M0,i100 or more mush file the Wile timea tbo basic rats of paF Or all hour; rclutrod oarLAcation. Bach tier earsifies to wcrtred in a_xCaa3 of 40 baura in the work the far above that; it will acrt and liar not sneak. lira requiroremita of 40 U.B.C. 9701 are in;ad Fodetat aprropriatod fnasla to pay -tn; aKIlcable 0 Caastrn(Aloo week and provide pRrsoa ar or98,nlZ8UI0n for 10tenulog or a•i- that .no laborer or macW.'utto must be ro- tempting to influanoo an offteor or employee quired tb work in surroundingna s or dgr of any agency, a momber of Ctngross, offisor :ii wor'ng conditions which are unsanitary, or amplo7w of Cangratae, or an omplose9 tf a harardonsi or dnn;arow. T'aese regsjlrmTomta member of Cotzrass in connecticia with iib- do not appI7 �o tha parohaeps of snppllea or taming any Fec:erai contract, grant or an; 196 73 G t9 M LL W Q M 0 v Packet Pg. 282 C.9.b Pf. 200, APP. III other awar8 covQred by T. C.S.C- M. Mcb tier must also disclose aky totl pirhg W tlh Dan-vaderal roach that ti'XOG plane in corh- nection with Obtaining any Mloral awrard- Sach dl3dosurw.J are forwardad from tlor to tier up to the non-F'ederai Mara. (K) sea (2W.322 Prneuramant 9f mccrard rnsterl xLr`'. ppizumn III To PA-:tr 200—TataimzcT (F&A) COSTS ]D V'rMCA770N AND ASSIG-M&UT, AND RATE DETE&bii,*TA- 13LuvG vrioN (M 8) A. 0,9INC)L4L, Vaia al+pm=x provides orl'Rria for tdanti- QFIzig and comptl=f,* iadirvd (or Indireat (V&A)) veto.' at ITIEs (institutions;). Snillreet (P&A) cases are those that are In+cnrrad far ^onunon Or We-. objectlrms and tharefors etrnot be identii(iad raadI17 and vpntflcally w0h n particular sl. m-4rad project, an in- atract'laual activity, or any other msitltu- tloaal activity. See subseculan 9.1, Crer"ni- CoD Or FMILIWaS sad A-LEMtnlatrablon, Or a .�disclaselnD af�klci_rASitPoitQ ai tTldarr�t< (r&A6) rc,.Ss. D. Sf¢;ar Anrrlarts 7fwi lasmution Eafers :0 1n9Lr"SCLiciri, or6iania•3O3 ramf,;h, other spmmnaml actJvttiac and other Inutitu- twosi astir dJS 14 daflaed in WE section: a. 1`rlxMic'U)n meam the teacAare and trAial_Q aci,]v1t;QS of an Institution. PaCQPL fbr rmarcb gearing as PrOVI-1Qd in sub- 33.tlon b, this tern) Inclmle5 all te& hang and t-mInIng u-Uv1tNs. wber—hor they aro offered for c.'edttz towar4 a degree or nerhiWata or en a naa-c aitJ basis. and whether then ate efferred through ragalar acadamic dapart- monts ar zepamU dl'ASInnS, arch 39 S sum- mor schao% dlyision or an ext,,M n dirinan. Also Considered pars of this major function are, ,iapirhmQnW roam-h, and, when rgmad to. 4IIlwar i!i raso-ILIT (I ).3pa1LSQ,ad drlrlriaC41on m7d frcln Inv me&= speeiflc 1n"stractionAl or tralnia g a.Otavlty e:;- taWshtd by irr3, k, contract, Or coeperaGve agreement. Var purposes ar the cost pllo- alplar, this a-=Ylt.Y ina.y bo eanldered a malfor plastron even though an institution's accounting treatment map tncluda it in the laustructton fanctloa. (2) Deparftsssniat rRAWGIL rrosna reaeamh, davelopment and zebolarl; autivitios that a. a not oga6nJz9d research arid. oon- sequonLly, nrre act &itN%rxtel,v budgahA end accounted for. Dopartmantal research, for Lurpcaes of thls docikmaut- fa net conslde7ad m 3 major funewon, burr as a part of the in- atraction function of the insthtation, b, GTM(Inm riseurc h means at) research and daralopmant act171t6?s of sn inststutlon that are sap--hrataly budgeted and accounted for, It ImAndem 2 CF8 Ch. 11 (1-1-14 Ediflon) (1) Spoa.wrad r4mych means art mss mrch sad dovsl©pmemt acti:^itlas that asp spon- aored by Nulaml aed non-Fdddara.i agendas and Organizations. Thus terra Includes actm- bt28 tavolvinr the tratain,: Of indiridam:a in rasearob techniques {Commonly esliad re- search trainfng) where sue) actiw:ties utlliae the &anha fft'—IU c7$ 33 06trer r-23A'irVh and da- se upnmit activities and Whem snob activi- tUs are not irwhadw3 in the Instruction f m- MO1L P) LWmr.sltm research means all re3pamh and devalopermoslt ao.ttvitlm that are sepa- ratai budaated and mcotmW for by the in- atltelloii under an internal atrplUmdon of In- stltntional flhards. Univerilty rasearcb. far �urpoBe$ of this doou:nant. must Ira core- rb Oarl with sponsarcd rasear& agder Clio furXtion of orlsanwil re resrch. e. U,ker Barad arttrlues moans pro(rr = and pco,ac Planned b9 Fedaml and non- Fa&rai anranalas aad orljmmtlons which la. votva the Performance of work other tkim la- stractioa and orgurnaed rasesxoh. Examples of mint programs and prolecizs we health servlt`a Pro$0M and vornmunity =T.Ica pro- -mms, Rowilrar, when zn.x of these acti-Atiaa outaido support. they =7 he wlasffisd aS other lmltatlonal stu"Itlos. d. Other. Int6110otial aceloWe9 meat 41 ar,- wAtmi of an Institution exuep: for tnstru- tinn, deWtumutal tesearoh, orsraniaed re- sfAmh, wA other Monsorod ae6ivittw, 33 de- fsn,-o] In this sacUon; tnJlrect (li,&h) cost m. tiivtUrm Wen.tif ed in this Appwjdlx pm- g,sph S. lsant±fl3ation And ass±g)tmart of In- iliract jr") ecsts: and apaela:12A servieas fA'll.ltle8 daWartlred in $200APA S;eclalltad service faCOW,?& of this Fart. 13Campias of other Inacitutlonal activii1ea Include eserat.on of residence halls, dtrllnff hsdls. hospitals and cllnica, atudeat uulons, Intareollleaists athletim bookstores, fhc ultyq housing, stmlent apartn ants. guest houses. ula,pets.. theatars, pubho mu.,�i1m, and otaor alnaisr auxiliary 9llterP1`13Q5L This daftnition 2aeo Inoludea airs other eategarles of aativi- ties, costs of which are "unailowabla" to Federal swarrk unre;g otherwtro ImikatAid In an award, d. Cmena for I umbudayt a. Anse perlad. a. base period for distrtbta- tloa or Inorecu (F&t) coats is the perla+i during which the ccst8 am Incurred. 'i'ba bow period, normally should salnnlde with the flsral year aiatablisbad by tha irutibutlon, but to .ulY ocant ae base purled should lie Ise ,$laded as to avold Ine mtiee In tha dls- trlbutson of costa. b. WeRd fur cost rrnugfa,ra. The Overall ob- jective of tivr Mdirsct EP&A) wzt alloeacloa groc0ss IS to dista:ibuta the Indirect (P&A) costs dQmcrlbed to sovtten R. TdonUfYc tlon and asslunim-ant of Indirmt ('P&A) costs. to 196 74 Packet Pg. 283 C.9.ta OAL is AGENDA ITEM SUMMARY FORM File ID: #1110 Date: 10/11/2016 Requesting Department: Department of Fire - Rescue Commission Meeting Date: 10/27/2016 District Impacted: All Type: Resolution Subject: Grant - Urban Area Security Initiative Purpose of Item: Resolution to establish a Special Revenue Project entitled: "The Urban Area Security Initiative ("UASI") Grant Program FY 2016; appropriating funds in the amount of $5,158,500 00 received from the U.S. Department of Homeland Security, passed directly through the State of Florida Division of Emergency Management and authorizing the City Manager to execute Memoranda of Agreements ("MOA's") with contiguous partners, setting forth their responsibilities in connection with the support of the UASI Project administered by the City of Miami Department of Fire -Rescue. Background of Item: c 0 The United States Department of Homeland Security, through the State of Florida a Division of Emergency Management (DEM), has sub -granted the Urban Area Security Initiative ("UASI") Grant Program FY 2016 to the City of Miami and its contiguous partners in the amount of $5,158,500.00. This program targets homeland security 2 funding to "high threat" urban areas in order to prevent, respond, and recover from 2 threats or acts of terrorism and other disasters of natural or man-made origin. These funds will be used, as stipulated by the grant, for the purchase of specialized 5 equipment, exercise, training, administrative services and development of the Urban W Area Homeland Security Strategy, and other planning activities needed to ensure a a successful program. m E It is now appropriate to accept said grant award, establish a special revenue project, and appropriate said grant award therein. In addition, the City Commission authorizes the City Manager to execute Memoranda of Agreements ("MOA's") with contiguous partners, Broward County, Broward County Sheriff's 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 Sheriff's Office, and the Village of Key Biscayne, setting forth the parties' responsibilities in connection with the development and support of the UASi Program FY 2016 which is administered by the City of Miami Department of Fire -Rescue. Budget Impact Analysis Packet Pg. 284 G.9.b Item is Related to Revenue Item is an Expenditure Total Fiscal Impact: $5 158 500,00 Special Revenue Acct_ No.:11100.189000,431000.0000,00000 Reviewed By Department of Fire -Rescue Arturo Gomez Fire Department Revlew Completed 1011212016 Department of Fire -Rescue Joseph 2ahfalban Department Head Review Completed 10113t2016 Office of Management and Budget Pedro Lacret Budget Analyst Review Completed 10/17,12016 Office of Management and Budget Christopher Rose Budget Review Completed 10117+'2016 Legislative Division Review Ccmpleted 1Q11W2016 City Manager's Office Daniel Alfonso Crty Manager Review Completed 10/1812016 Office of the City Attorney Barnaby Min Deputy City Attorney Review Completed 10118 2016 Office of the City Attorney Victoria Mendez Approved as to Farm and Correctness Completed 1011812016 Page 2 of 5 Packet Pg. 285 R-I6-0522 A RESOLUTION 01: -fill.; MIAMI CI 1-Y COMMISSION, WI.1.11 ATTAC"I1... Page I of i t This Page _ Alt% CIA- I Miami FL t. Resolution „ w �" R-16-0522 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"), r+ 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 LL YEAR 2016) AS NECESSARY AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS OR EXTENSIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON ALL Q 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 M AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENT(S), IN Q SUBSTANTIALLY THE ATTACHED FORM(S), WITH ITS CONTIGUOUS PARTNERS SETTING ty FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF O FIRE -RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED, 0 3 Information 'e 0 Departmenti Department of frre•Rescue Sponsorsi 'CD a Category-, Contract E Attachments 2 2 Agenda Summary and Lzgislapon 1110 Exhibit - Grant Agreement 1110 Exhibit - Meniordnd"ni pf Agreement R 1110 Back-up Docurnem Financial Impact al $5,158.500.00 Speclaf Revenue Acct. No.t11t00-189000,431000.0000.00000 dl CI Body/Legislation Q WHEREAS. the United States Department of Homeland Security ("US131-15") is authorized by the e Emergency Wartime Supplemental Appropriations AG 2003. to provide funds to Slates for subsequent G4 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 budding an enhanced and sustainable capacity 10 i prevent. respond to. and recover from threats or acts of terrorism; and C} 10 WHEREAS. the USDHS, through the State of Florida Division of Emergency Management ("FDEM'), has Sub-granied an Urban Area Security Initiative ("UASr') Giant Program Fiscal Yew ('FY') 2015 to the City of Miami ("City-) in the amount of $5,158,500 DO; 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 capacAy to prevent. respond to. and mcaver from threats or ads of terrorism. and WHEREAS. in accordance with the UASI Grant Program FY 2016, the altaChed Memoranda of Agreements ("MOAs") with the City's contiguous partners, Broward County. Ereward County Sheriffs Office. the City of Coral Gables. Itie City of Coral Springs the City of Fail Lauderdale. the City of Hialeah, the City of Hollywood, the City of Mann Beach, the City of Miami Gardens. the City of Miramar. the City of PernbrokL Pines, the City of $unrise. 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 coordinale the UASI Grant Program FY 2016 and will permit the City to reimburse its partners for their eliglbe expenditures that are compliant with said Protect_ NOW. THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI. FLORIDA Section l The mcrlals and findings contained in the Preamble to this Resolution are adopted oy reference and ,nCorporaied as,( fully set foah in this Section Racket Pg. 286 httn:f:'mia)hill.iLliii?.eoln'Citizeiis,'netaif Lt:.,il"'ile.aspx'?ID=1 11UhiLhligliffenns=l 110 11113 R-16-0522 A RL5{)LUTION OF THE MIAMI CITY C0:1.1MISS)ON, WITII ArrACII... Page 2 of Section 2 The fallowing new Special Revenue Fund is established and resources are appropriated as described below FUND TITLE Urban Area Sacunly Initiative (UASI) Grant Program Fiscal Year 2016 RESOUCES Department of Homeland security (DH51 $5, tse-500 Oil directly to the Slate Of Fkasida Division of Emergency Management tFOEMr APPROPRIATIONS S5.158,500 00 Section 3 The City Manager is authorized' to accept said grant award and to execute the federally funded subgranl agreement, in substantially the attached form, and any necessary documents in a form acceptable to the City Attorney in order to implement the acceptance of said grant award Section 4 The City Manager is further aulhon2ed` to extend said LASI Grant Program FY 20W yrant awards as necessary and 10 execute any other felated modifications, amendments ar extensronb. in a form acceptable to the City Attorney, on all matters except those dealing with funding changes. in connection with the development and support of the UASI projects administered by the City's Department of Fire -Rescue. as an UA$f Spar saring Agency, contingent upon the funding of the UASI projects being secured in the form of grants tram the pederal Department through the FIDEM Section S The City Manager is aulhrmzed_ I ) 10 execute MOAs, in substantially attached formis). with its nontiguous partners, Broward County, Broward County Sheriffs Office the City of Coral Gabres 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 at Pembroke Pines, the City of Sunitse- Miams-Dade County, Monroe County, Palm Seatlh County, Palm Beach County Sheriff's 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 UASI Grant Program FY 2016 administered by the City's Department of Fire -Rescue, an UASI sponsoring agency, contingent upon funding of said project teing secured. Section 5 This Resolution shah become effective immediately upon its adoption and ognalure of the Mayor (2:, i The nere-n aurr,&kzcrlxan is rwlher subreci to compsance w,1h ail roaurements that may Le unposed try the Cuy Attorney. rnctuaing but not Iirn+led to those prescribed by appica" City Charter and Code prowsons 2: If the tnayer Haas not srgri this Reseluuun d shad became effeclwe at the and of ten 1101 Calendar days frcm the dole I 'xss passed and acapted if the Mayer MC08 :his Rasc,uhon it snail oecomo eflectve mmediasely upon override N me veto by the CAy ComMssian Setem Langt,age n.n rs Translate Packet Pg. 2877 liltp:r'niiarni[I.iqmlconi Citizen:` otaiI LejgiFile.aspx?11) —1 110&--hi-,hligh1Ttrms=1 110 111 J 2) C.9.b >>1' ur. w 4r City of Miami • i1G14� Il��ii {' Legislation Resolution City Haii 3500 Pari American Drive Miami, FL 33133 www miamigov.corn File Number: 1110 Final Action Date: A RESOLUTION OF THE MIAM1 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 huilding 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 Page 3 of 5 Packet Pg. 286 C.9.b 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 c appropriated as described below: FUND TITLE: Urban Area Security Initiative (UASI) U_ Grant Program Fiscal Year 2016 us RESOUCES: Department of Homeland Security (DHS) $5,158,500.00 0 directly to the State Of Florida Division N of Emergency Management (FDEM) r 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 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. ' 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. Page 4 of 5 Packet Pg. 289 C.9.b Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 ria de , ity Attortey 101181'2016 1 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. Page 5 of 5 Packet Pg. 290 (wea0 9L kj isvn : SOLZ) (ulopH m ddd OOSa) aegPnS isvn q oz :lueuiy9euv C W nc0 Lft O W O m Ln M Q N W rs O O O O V 41t. 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