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Item C09
C.9 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting March 21, 2019 Agenda Item Number: C.9 Agenda Item Summary #5268 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289-6325 N/A AGENDA ITEM WORDING: Approval of a UASI (Urban Area Security Initiative) FY 2018 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 4 19-DS- -11-23-02- , in the amount of $91,285.00, 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 2018, to the City of Miami in the amount of$5,700,000.00. 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 $91,285.00. Funds should be distributed as follows: Monroe County Emergency Management $91,591.56 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 FYI 4, UASI FY 15, UASI FY 16, and UASI FY 17 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, May 20, 2015, April 20, 2016, March 151', 2017, and April 191'2018 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. Packet Pg. 190 C.9 DOCUMENTATION: Monroe MOA-2018 2018 UASI MOA Exhibit 1 Miami_FDEM Exhibit 2 2018 UASI Budget FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: June 30', 2020 Total Dollar Value of Contract: $91,285 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: $91,285 Grant: $91,285 County Match: 0 Insurance Required: N/A Additional Details: N/A REVIEWED BY: James Callahan Completed 02/26/2019 9:05 AM Martin Senterfitt Skipped 02/21/2019 2:09 PM Pedro Mercado Completed 02/26/2019 10:33 AM Budget and Finance Completed 02/26/2019 10:43 AM Maria Slavik Completed 02/26/2019 11:06 AM Kathy Peters Completed 02/28/2019 8:59 AM Board of County Commissioners Pending 03/21/2019 9:00 AM Packet Pg. 191 C.9.a MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2018 "Monroe County" Agreement Number: 19-DS- -11-23-02- FAIN Number: EMW-2018-SS-00064 CFDA#: 97.067 This Agreement is entered into this _ day of 2019, 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 00 Ir- assistance to the Miami urban area in the amount $5,700,000 dollars through the Urban Area Security Initiative (UASI)Grant Program 2018; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 00 `0 2018; and N 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 2018 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2018 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. R-19-0025 , adopted on January 10, 2019, 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: 1 Packet Pg. 192 C.9.a I. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASI Grant Program 2018 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 2018 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. 00 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 00 Ir- A. Critical Infrastructure: Any system or asset that if attacked would result in catastrophic loss of life N 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. 0 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 2018: The UASI Grant Program 2018 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, organization 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 2018 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 plan, prevent, protect, mitigate, 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 Packet Pg. 193 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; 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 00 agreements. IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: 00 Ir- 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. 0 B. Coordinating with named counties and cities, with the respective State Administrative Agency, and 0 with the FDEM and USDHS. C. Conducting a comprehensive Urban Area Assessment, which will in turn guide the development of an Urban Area Stakeholder Preparedness Review. 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 Stakeholder Preparedness Review and submit to the SAA POC. F. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit#1". G. Ensuring satisfactory progress toward the goals or objectives stipulated in "Exhibit#1". 3 Packet Pg. 194 C.9.a H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit#1". I. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the main liaison and partner with the City of Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Participating Agencies and any sub-grantees must abide by the grant requirements including budget authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of assets as stipulated in "Exhibit#1". C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct 00 purchases of equipment or services as stipulated in "Exhibit#1". cis D. Complying with all UASI Grant Program 2018 requirements as stipulated in "Exhibit#1". 00 Ir- E. Participating as a member of the Urban Area Working Group to include coordinating with and N assisting the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide development of an Urban Area Stakeholder Preparedness Review. 0 F. Ensuring the participation of the following critical players in the assessment and Stakeholder Preparedness Review 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 assessment and Stakeholder Preparedness Review. H. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit#1". I. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit#1". J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in "Exhibit#1". K. Maintaining an equipment inventory of UASI purchased items. 4 Packet Pg. 195 C.9.a L. Ensure that equipment obtained from the UASI Grant Program 2018, as identified in "Exhibit #2", is readily available for use by personnel trained to use such equipment for actual emergencies or exercises. Also, ensure that such equipment is readily available for onsite monitoring by DHS, DEM, and the Sponsoring Agency. If the Participating Agency is incapable of staffing the equipment, such equipment shall be made available to another Participating Agency for use during any actual emergencies or exercises. Failure to ensure equipment availability may result in loss of funding and/or equipment to the Participating Agency. M. All equipment obtained from the UASI Grant Program 2018, as identified in "Exhibit 2", is the sole responsibility of the receiving agency. This includes, where applicable, maintenance, replacement, training on equipment, and insuring of equipment and personnel, and compliance with intra-agency auditing requirements. VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: 00 Ir- A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely by the Sponsoring Agency. B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in 00 a timely fashion. The Sponsoring Agency will prepare consolidated reports for submission to the State of Florida as stipulated in "Exhibit 1". 0 C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel. D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28, Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a municipality, state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement or any other contract. E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency. 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 5 Packet Pg. 196 C.9.a 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 2018 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 14 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". 00 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 00 mutual agreements of the parties as identified in "Exhibit 2". N VIII. CONDITIONS, AMENDMENTS,AND TERMINATION r- 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. 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. 6 Packet Pg. 197 C.9.a E. This Agreement will end on June 30, 2020, unless otherwise extended, by a written amendment duly approved and executed prior to June 30, 2020, unless otherwise extended, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's ability to conform to procedures, training and equipment standards as prescribed by the grant. SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: 00 00 BY: BY: CD Todd B. Hannon Emilio Gonzalez, Ph.D. City Clerk City Manager 0 0 APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: BY: BY: Victoria Mendez Ann-Marie Sharpe, Director City Attorney Department of Risk Management 7 Packet Pg. 198 C.9.a PARTICIPATING AGENCY "Monroe County" ATTEST: BY: Name: NAME: cv Title: 0 TITLE: 0 FID#: DUNS: APPROVED AS TO FORM AND CORRECTNESS: 8 Packet Pg. 199 C.9.a Participating Agency Attorney C 00 00 CD 0 C 0 4i C 0 9 Packet Pg. 200 V Contract Number; 19-DS- •11-23-02- FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C,F.R, §200.92 states that a"subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract," As defined by 2 0,F.R.§200.74, "pass-through entity"means"a non-Federal entity that provides a subaward to a Sub-Recipient to carry 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 subaward from a pass-through entity to carry out part of a Federal program." 00 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-ihrough entity," As defined by 2 C.F.R. §200.92, "subaward"means"an award provided by a pass-through entity to a Sub- M Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." LL The following information is provided pursuant to 2 C.F,R, §200.331(a)(,I): 2 Sub-Recipient's name: City of Miami Fire Rescue _ Sub-Recipient's unique entity identifier; 072220791 Federal Award Identification Number(FAIN); EMN-2018-58 00464 Federal Award Date: §eptember0,1,, 2018 Subaward Period of Performance Start and End Date: Date of E ecution--12/31/2020 Amount of Federal Funds Obligated by this Agreement: 5 700,000,00 Total Amount of Federal Funds Obligated to the Sub-Reclpient 00 by the pass-through entity to include this Agreement: 2,298 229 24 cv Tota!Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $5,700 000 00 _ _ Federai award project description (see FFATA): See Article 1,Agreement Artic_ies ENIVV-2018-SS fl00�-501 Name of Federal awarding agency: Dept. of Homeland Securitv Name of pass-through entity: FL Div, of Emergency fylanaaement Contact information for the pass-through entity, 2555 Shumard Oak Boulevard Tallahassee Florida 32319 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.067 Homeland Security Program Whether the award is R&D: NO NIA/ Indirect cost rate for the Federal award: 28 33% Packet Pg. 201 I THIS AGREEMENT is onlered into by the Slate of Florida, Division of Emergency Management,with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and the Ci# of lvliami Fire Rescue, (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 subaward. 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 grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C, The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following; (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 00 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, LL section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this < Agreement, .� (2) LAWS, RULES. REGULATIONS AND POLICIES a, The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards." 2 b. As required by Section 215,971(1), Florida Statutes, this Agreement includes; i. A provision specifying a Scope of Work that clearly establishes the tasks that(he Sub-Recipient is required to perform, ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the Scope of Wer'.K and specify the required minimum level of service to be performed and the criteria for evaluating the successfui completion of each deliverable, ill, A provision specifying the financial consequences that apply if the Sub-Recipient fails 00 to perform the minimum level of service required by the agreement, y IV. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period, E v. A provision specifying that any balance of unobilgated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub- Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c, In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws,rules and regulations, including those identified in Attaehrnent D. 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 7 Packet Pg. 202 I a, In accordance with section 215,971(2), Florida Statutes, the Division's Grant Ilrfanager shall be responsible for enforcing performance of this Agreement's terns 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: i. Monitor and document Sub-Recipient performance; and, d. Review and document all deliverables for which the Sub-Recipient requests payment. b, The Division's Grant Manager for this Agreement is: Michael J. Day 2555 Shumard Oak Boulevard Tallahassee Florida 32399-2100 Telephone:L8501815-4346 email: Michael,Da ,@em,m florida,com c, The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: 0 Chief Pete Gomez 444 SUS/21"Avenue. 1016 Floor ILL Miami FL 33130 Telephone: 305-416-5402 Fax: 305-569-4070 Email: omez�miami ov.com d. in the event that different representatives or addresses are designated by either party after 2 execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts,any one of which may be taken _ as an original, (6) MODIFICATION 00 Either party may request modification of the provisions of this Agreement. Changes which are Q agreed upon shail be valid only when In writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK, The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A and B of this Agreement. (8) PERIOD OF AGREEMENT, This Agreement shall begin upon execution by both parties and shall end on D ,ecember3l 2020, unless terminated earlier in accordance with the previsions of Paragraph (17)of this Agreement. Consistent with the definition of"period of performance"contained in 2 C,F.R.§200,77,the term "period of agreement" refers to the time during which the Sub-Recipient"may incur new obligations to carry out the work authorized under"this Agreement. In accordance with 2 C.F.R. §200.509, the Sub-Recipient may receive reimbursement under this Agreement only for "aliowable costs incurred during the period of performance," In accordance with section 215.971(1)(d), Florida I 3 Packet Pg. 203 I I C.9.b Statutes, the Sub-Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred d during'the Period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement,subject to the availability of funds. b, The State or Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the 1 eglslature,and subject to any modifications in accordance with either Chapter 216. Florida Statutes, or the Florida Constitution. c, The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub- Reciplent In the successful completion of each deliverable. The maximum reimbursement amount for each deliverable Is outlined in Attachment A and B of this Agreement("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is 5 700 000.00, d, As required by 2 C.F.R,§200.415(a), any request for payment under this Agreement must include a certification, signed by an offlclal who Is authorized to legally bind the Sub-Reci ient,which reads as 00 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 false, fictitious,or fraudulent information,or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, 2 false claims or otherwise. (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 LL_I provided by the Sub-Recipient against a performance measure, outlined in Attachment A and B, that clearly delineates: i. The required minimum acceptable level of service to be performed;and, J, The criteria for evaluating the successful completion of each deliverable. x f. The performance measure required by section 215,971(1)(b), Florida Statutes,remains consistent with the raquirement for a "performance goal",which is defined in 2 C.F.R. §200.76 as"a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It 2 also remains consistent with the requirement, contained in 2 C.F.R. §200,301, that the Division and the Sub- Rac#ent"relate financial data to performance accompiishments of the Federal award," 00 g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub- Reciptent for overtime expenses in accordance with 2 C.F.R. §200.430("Compensation—personaf services")and 2 C.F.R. §200.431 (°Com pens ation--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 cause(see 29 U,S,C. §207(e)(2)), then the Division wiil 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 fringe 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 ieave, holidays, court leave, military leave,administrative leave, and other similar benefits, are allowable if all of the following criteria are met; i. They are provided under established written leave policies; cj Packet Pg. 204 E l I C.9.b I H, The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis(cash or accrual)selected for costing each type of leave is consistently followed by the non-Federat entity or specified grouping of employees, h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub- Recipient for travel expenses in accordance with 2 C,F,R, §200,474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061. Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Sub-Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes($6 for breakfast, $11 for lunch,and $19 for dinner), then the Sub-Recipient must provide documentation that: f. 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 wrltten travel policy;and, 4. Participatien of the individual in the travel is necessary to the Federal award. 00 It- I. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall LL 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 M Sub-Recipient. j, As defined by 2 C,F,R. §200,53, the term "improper payment" means or includes: i, Any payment that should not have been made or that was made in an incorrect LL amount(Including overpayments and underpayments)under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party,any payment for an ineligible good or service,any duplicate payment, any payment for a goad or service not received(except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the 00 Comptroller General of the United States, and the Division,or any of their authorized representatives,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 fimited 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 pertinent 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 Florida Department of State's record retention requirements(Chapter 119, Florida Statutes)and by 2 C.F.R, §200.333,the Sub-Recipient shall retain sufficient records to show its compliance J I, i Packet Pg. 205 i C.9.b I with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5)years from the date of submission of the final expenditure report. The following are the only exceptions to the five(5)year requirement; i, if any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken, ii. 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. ill, Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. M iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity,the 5-year retention requirement is not applicable to the Sub-Recipient. 00 T v. Records for program income transactions after the period of performance. In some LL cases recipients must report program income altar the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non- Federal entity's fiscal year in which the program income is earned. vf. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records indirect cost rate computations or proposals, cost LL allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates), d, In accordance with 2 C.F.R. §200.334,the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e, In accordance with 2 C,F,R §200,335,the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. ff paper copies are submitted,then the Divfsion must not require more than an original and tvvo copies, When original records are eloctronic and cannot be altered, there is no need to create and retain paper copies When original records are paper, electronic versions00 may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control roviews, 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 persona fly ident;flable 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 tribai laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes)provides the citizens of Florida with a right of access to governmental proceeciings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded, The more receipt of public funds by a private entity,standing alone, is insufficient to bring that entity within the ambit of the open government requirements, However, the Government in the Sunshine Lave applies to private entities that provfde services to governmental agencies and that act on behalf of those agencies in the agencies'performance of their public duties, ff a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private 6 I Packet Pg. 206 i I i f entity is performing that public purpose, the Government in the Sunshine Law applies. For example,if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds,then the Government in the Sunshine Law applies to board of directors for that vOunteer fire department. Thus,to the extent that the Government#n the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-Recipient's governing board or the meetings of any subcommittee making recommendatlons to the governing board may be subject to open government requirements. These meetings shall be publicly noticed,open to the public,and the minutes of all the meetings shall be public records,available to the 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 spo6ficaliy exempted from disclosure by the Legislature, all materials made or received by a governmental agency(or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate,or formalize knowledge qualify as public records subject tc public inspection, The mere receipt of public Rinds by a private entity, standing 00 alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a publicILL entity delegates a public function to a private entity,the records generated by the private entity's performance of that f!5 duty became 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, ILL 1, The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or I consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a 2 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:taws and regulations. x IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE.CUSTODIAN OF PUBLIC RECORDS AT: (850)$15-4156, Records@em,myflorida.com,or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399, (11)AUDITS 00 T_ CD a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, cy 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 defined 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 shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by 2 G.F.R. §200.50, GAGAS,"also known as the Yellow Book, means generally accepted government 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 funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the i Division has notified the Sub-Recipient of such non-compliance, 7 Packet Pg. 207 1 C.9.b e. The Sub-Recipient shaft 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 audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the 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. fart 200,by or on behalf of the Sub-Recipient, to the Division at the following address: E)EfvlSingle_Audit@om.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Raciipient shall send the Single Audit reporting package and Form SF-SAC to the 00 Federal Audit Clearinghouse by submission online at; h ttp:Nha rvester.census.govffacicollectlddeindex.htm l LL h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address; DENISingle_Audit@em,myflorida,com Ulu OR Office of the Inspector General 2555 Shumard Oak Boulevard 2 Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C,F.R, §200.328, the Sub-Recipient shall provide the Division with quarterly Ulu reports and a close-out report, These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division, b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of 00 the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph(16) REMEDIES. "Acceptable to the Division"means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information identified in Attachment B, (13)IVONITORING. a. The Sub-Recipient shall monitor its performance under this Agreement,as well as that of its subcontractors andlor consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the 8 i i Packet Pg. 208 { I specified time periods,and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. 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 with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General, In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely compfetion of all tasks. (144)LIABILIT00 a. Unless Sub-Racipient is a State agency or subdivision, as defined in section 768,28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying cut the terms of this Agreement; LL as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. LL b. As required by section 768.28(19), Florida Statutes,any Sub-Rocipient which is a state agency l or subdivision,as defined in section 768,2B(2), Florida Statutes,agrees to bo fully responsible for its negligent or 2 tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract, (15)DEFAULT. If any of the following events occur("Events of Default"),all obligations on the part of the Division to 00 make further payment of funds shell 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 partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. 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 fails 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 nr unwilling to meet its obligations under this Agreement; b. Material adverse changes ecour 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 days from the date written notice is sent by the Division; c. 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. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement, (16)REMEDIES. 9 � Packet Pg. 09 i C.9.b If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days,exercise any one or more of the following remedies,either concurrently or consecutively, a, Terminate this Agreement, provided that the Sub-Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph(3)herein; b, Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d Require that the Sub-Reciplent refund to the Division any monies used for Ineligible purposes under the laves,rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional Information from the Sub-Recipient to determine the reasons for or 00 the extent of non-compliance or lack of performance, il. Issue a written warning to advise that more serious measures may be taken if the LL situation is not corrected, ill Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for M any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred LL for any items determined to be ineiigible; I f. Exercise any other rights or remedies which may be available under law. 2 Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in thle 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 this Sub-Recipient, it will not affect,extend or waive any cther right or remedy of the Division, or affect the later exercise of the same right or remedy by the Civision for any other default by the Sub- Recipient, (17)TERIyiiNATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause 00 can include misuse of funds, fraud,lack of compliance,with applicable rules,laws and regufations, failure to perform on time,and refusal by the Sul,-Recipient to permit public access to any document, paper, letter, or other material cv 4j 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 discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. in the event that this Agreement is terminated, the Sub-Recipient will 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 outstan6rg obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law,withhold payments to the Sub- 10 Packet Pg. 210 f I l C.9.b Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined, (18)PROCUREMENT a, The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all appiicable federal and state laws and regulations, to include 2 C.F,R. §§200.318 through 200.326 as well as Appendix II to 2 C,F,R, Part 200(entitled"Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200,318(b), the Sub-Recipient shall"maintain records sufficient to detail the history of procurement. These records wiil include, but are not necessarily limited to{he following: rationale for the method of procurement, selection of contract type,contractor selection or rejection,and the basis for the contract price." c. As required by 2 C,F,R. §200,318(i), the Sub-Recipient shall "maintain oversight to ensure that 00 contractors perform In accordance with the terms, corditions,and specifications of their contracts or purchase orders," In order to demonstrate compliance with this requirement,the Sub-Recipient shall document,in its quarterly ILL report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro-purchases pursuant to 2 C.F,R, §200,320(a)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any solicitation (whether competitive or nor-competitive)at least fifteen(15)days prior to the publication or I communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub- 2 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 2C0.328 as well as Appendix II to 2 C.F.R, Part 200. Consistent with 2 C,F.R. §200,318(k),the Division will not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shaft not constitute an approval of the solicitation. Regardless of the Division's review,the Sub-Racipient remains bound by all applicable laws, regulations, 00 and agreement terms. If during its review the Division identifies any deficiencies,trier the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three(3)business day window outlined cv above, If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the previsions outlined in paragraph (17)above; and, ii, Refuse to reimburse the Sub-Recipient for any costs associated with that 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 this Agreement, then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution, The Division shalt review the unexecuted contract 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 unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200,326 as well as Appendix it to 2 C.F.R.Part 200. Consistent with 2 C.F,R.§200,318(k), the Division will not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the 11 i Packet Pg. 211 i C.9.b I approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract, The 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 stall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three(3)business day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant,then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. C f. The Sub-Recipient agrees to include in the subcontract that(1)the subcontractor is bound by 00 the terms of this Agreement, (ii) 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 against all claims of whatever nature LL arising ait of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. M g. As required by 2 C.F.R.§200.318(c)(1), the Sub-Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection,award and LL administration of contracts" h. As required by 2 C.F.R.§200.319(a), the Sub-Recipient shall conduct any procurement under 2 this agreement"in a manner providing full and open competition," Accordingly,the Sub-Recipient shall not: I, Pace unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices beMeen firms or between affiliated companies; IV. Execute noncompetitive contracts to consultants that are on retainer contracts; v, Authorize,condone,or ignore organizational conflicts of interest; vi Specify only a brand name product without allowing vendors to offer an equivalent; 00 vii. Specify a brand name product instead of describing the performance, specificatlons, or other relevant requirements that pertain to the commodity or service solicited by the procurement; vid. Engage in any arbitrary action during the procurement process; or, 0 ix, Allow a vendor to bid on a contract if that bidder was invoived with developing or drafting the specifications, requirements, statement of work, invitation to bid,or request for proposals, i. "[E]xcept 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. ]. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F,R. §200,320(c)as well as section 287,057(1)(a), Florida Statutes, k. The Sub-Recipient shall conduct any procurement involving requests for proposals(i.e. competitive proposals)in accordance with 2 C,F,R, §200.320(d)as welt as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.7D3, Florida Statutes 12 Packet Pg. 212 C.9.b i Additionally, the Sub-Recipient shall comply with the requirements of 2 C,F,R, §200,321 ("Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms"). (19)ATTACHNIENTS a. Alf attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c, This Agreement has the following attachments: i. Exhibit 1 -Funding Sources ii. Attachment A—Program Budget iii. Attachment B—Scope of Work iv. Attachment C—Deliverables and Performance V. Attachment D—Program Statutes and Regulations 00 vi. Attachment E—Justification of Advance Payment vii, Attachment F—Warranties and Representations vill. Attachment G—Certification Regarding Debarment ix. Attachment H—Statement of Assurances X. Attachment I—Mandatory Contract Provisions xi. Attachment J—Monitoring Guidelines LL xii. Attachment K—EHP Guidelines AIL Attachment t.—Reimbursement Checklist 2 (20)PAYMENTS a, Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section.216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request.is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shad be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced 00 payment. After the initial advance, if any,payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services, The final invoice shall be submitted within sixty(60)days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be u, submitted to the Division grant manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph (12)of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b, of this Agreement, all obligations on the part of the Div+sion to make any further payment of funds shall terminate,and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)REPAYNIENTS a, All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management",and mailed directly to the following address: Division of Emergency Management 1� i i Packet Pg. 213 f Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for callaction, Sub-Recipient shall pay the Division a service fee of 515,00 or 5%of the face amount of the returned check or draft,whichever is greater. (22)NIANDATED 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 submission or response to a Division request,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 and with thirty days written notice to the Sub-Recipient, D 00 cause the term€nation of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any LL actions arising out of this Agreement shall be in the Circuit Court of Lean 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 I Agreement shall surdve the term of this Agreement, d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(PUMC Law 101- 2 336, 42 U.S.C. Section 12101 e se .),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. e. Those who have been placed on the convicted vendor lost following a conviction for a public entity crime or on the discriminator vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work 00 as a contractor,supplier,subcontractor,or consultant under a contract with a public entity,and may not transact business with any public entity sn excess of 525,000,00 for a period of 36 months from the date of bainrg placed on the cv convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government,certifies,to the best of its knowledge and belief, that it and its principals' I. Are not presently debarred, suspended, proposed for debarment,declared inellgVe, or voluntarily excluded from covered transactions by a federal department or agency; li. Have not,within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state or local)transaction or contract under public transaction;violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,falsification or destruction of records, making false statements,or receiving stolen property; i 14 1 Packet Pg. 214 I 1 C.9.b iii. Are not presently indicted or otherwise criminally or civilly charged by a governmential entity (federal, state or local)with commission of any offenses enumerated in paragraph(22)f, ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions(federal, state or local)terminated for cause or default. g, if the Sub-Recipient is unable to ce6fy to any of the statements In this certification,then the Sub-Recipient shall attach an explanation to this Agreement. h, In addition, the Sub-Recipient shall send to the Division(by email or by facsimile transmission)the completed"Certification Regarding Debarment, Suspension, ineligibility And Voluntary Exclusion"(Attachment G)for each intended subcontractor which Sub-Recipient plans to fund under this Agreement. The farm must be received by the Division before the Sub-Recipient enters Into a contract with any subcontractor. 00 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 LL 119, Florida Statutes,which the Sub-Recipient created or received under this Agreement. j, ff 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 obfigation to pay the contract amount. LL k. The State cf Florida will not intentlonally award publicly-funded contracts to any contractor who l knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained in 8 2 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 27=4A(e)of the INA. Such violation by ®_ the Sub-Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division, 1. Section 287,05805, Florida Statutes requires that.any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of 00 purchase or the completion of the improvements or as further required by law, cv (23)LOBBYiNG PROHISITION a. 2 C,F,R. §200,450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216,3 47, Florida Statutes, prohibits"any disbursement of grants and aids appropriations 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 lobbying the Legislature, the judicial branch,or a state agency,." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i, No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the 15 I Packet Pg. 215 i i I C.9.b entering into of any cooperative agreement, and the extension, co.ntinr.iatlon,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 connection with this Federal contract, grant,loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Farm-LILL, "Disclosure of Lobbying Activities." iii, The Sub-Recipient shall require that this certification be included in the award documents for all subawards(including subcontracts, subgrants, and contracts under grants, loans,and cooperative agreements) and that all Sub-Recipients shall certify and disclose. iv, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1 M2, Title 31, U.S. Code. Any person who falls to file the required 00 certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such LL failure, (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY DESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE � STATE OF FLORIDA, a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or servfces performed under this Agreement, or in any way connected with it, the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection In its name. Any patent rights accruing under or In connection with the performance of this Agreement are reserved io the State of 00 Florida. If any books, manuals, films, or other copyrightable material afe produced, the Sub-Recipient shall notify the Division. Any copyrights 9 ri hts 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 days of execution of this Agreement,the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24)b., have the right to ail patents and copyrights which accrue during performance of the Agreement. d. tf the Sub-Recipient qualifies as a state university under Florida law,then, pursuant to section 1004,23, Florida Statutes, any invention conceived exclusively by the employees of the Sub-Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions,that is inventions made jointly by one or more employees of bath parties hereto, each party shall have an equal, undivided interest in and to such joint inventions, The Division shall retain a perpetual. irrevocable,fully-paid,nonexclusive license, for its use and the use of its 16 I Packet Pg. 216 i I C.9.b i contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub- Recipient, under this Agreement,for Florida government purposes. (25)LEGAL AUTHORIZATION The Sub-Recipient certifies that it has the legal authority to receive the funds ender this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EIvIPLCYNIENT a. In accordance with 41 C.F.R. §60-1.4(b),the Sub-Recipient hereby agrees that it will incorporate or cause to be Incorporated into any contract for construction work,or modification thereof, as defined In the regulations of the Secretary of Labor at 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from the Federal Government or borrowed can the credit of the Federal Government pursuant to a grant, 00 contract, loan insurance, or guarantee,or undertaken pursuant to any Federal program involving such grant,contract, loan, 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 2 for employment because of race,color,religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race,color, LL religion,sex,or national origin. Such action shall include, but not be limited to the following; employment, upgrading,demotion,or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation; and selection for training,including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 4, 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. 00 iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or cy 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 or the rules,regulations, and relevant orders of the Secretary of Labor, V. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regu#abons,or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further 17 I Packet Pg. 217 Government contracts or federaliy assisted construction contracts in accordance with procedures authorized in Executive Order 11245 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor, or as otherwise provided by law. vii The contractor will include the portion of the sentence immediately preceding paragraph (1)and the provisions of paragraphs(1)through(7) in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will 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. 00 It- b, The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause LL with respect to Its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government,the above equal opportunity Blouse is not M applicable to any agency, instrumentality or subdivislon of such government which does not participate In work on or under the contract. LL c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering _I 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 will 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-Re#iont further agrees that It will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from,or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may 00 CD be imposed upon contractors and subcontractors by the administering agency or the-Secretary of Labor pursuant to cv Part II, Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings,the administering agency may take any or all of the following actions: cancel, terminate,or suspend in whole or in part this grant (contract,lean, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure 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 appropriate legal proceedings. (27)COP AND 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: I. Contractor. The 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, wNch are incorporated by reference into this contract. ii, Subcontracts. The contractor or subcontractor shall insert:in any subcontracts the clause above and such other clauses as the FEMA may by Packet Pg. 8 3 C.9.b I i I 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 tler subcontractor with all of these contract clauses, iii, Breach. A breach of the contract clauses above may be grounds for termination of the contract,and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5,12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds$100,000 and involves the employment of mechanics or laborers,then any such contract must include a provision for compliance with 40 U.S.C, 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under40 U,SL. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week: 00 is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S,C. 3704 are ILL 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 M purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL_ ACT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that I exceeds $150,000, then any such contract must include the following provision: 2 Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671 q)and the Federal Vyater Pollution Control Act as amended (33 U.S.C. 1251-1387),and will report violatlons to l and the Regional Office of the Environmental Protection Agency(EPA). (30)S U S PENSION AND D-BARNI EN7 If the Sub-Reclpient,with the funds authorized by this Agreement, enters into a contract, then any cis such contract must include the following provisions: 00 i. This contract is a covered transaction for purposes of 2 C.F,R. pt. 180 and 2 C.F.R, pt.300.0. 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 CY.R. § 180.905)are excluded(defined at 2 C.F.R. § 181940)or disqualified(defined at 2 C.F.R, § 180.935). i1, The contractor must comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R, pt,3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into, iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F,R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment, iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R, pt.3000,subpart C whlle 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. 19 i I i F Packet Pg. 219 j 1 (31)BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract,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 file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress, or an employee of a member of Congress in connection with obtalning any Federal contract,grant,or any other award covered by 31 U,S.C. § 1352, Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any rederal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CONTRACTING V/JTH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS � ENTERPRISES AND LABOR SURPLUS AREA FIRMS 00 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, tiro Sub-Recipient shall take the following affirmative steps to U assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever o�,ssible: 2 i. Placing quaiifiad small and minority businesses and women's business enterprises on solicitation lists; LL I ii, Assuring that small and minority businesses, and women's business enterprises are 2 solicited whenever they are potential sources; III. 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; IV, Establishing delivery schedules,where the reguirement Dermits,which encourage participation by small and minority businesses,and women's business enterprises; v. Using the services and assistance, as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the t0epartment of Commerce; and vi, Requiring the prime contractor, if subcontracts are to be let, to take the affirmative 00 T_ steps listed in paragraphs i, through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as"socioeconumic 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 an document the six affirmative steps Identified 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 smaller components in order to circumvent the micro-purchase or small purchase thrasholds so as to utilize streamlined acquisition procedures(e.g. "project splitting") (33)ASSURANCES. i 20 Packet Pg. 220 i 'i The cam Sub-Reci lent shall IY any with Statement of Assurances incorporated as Attachment H. p P IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT, CITY DF MIAMt t RESCUE 4 By. - Name d title:_Emilio T. Gonzatez, City Manager Date, x r��119 FIE)# 59-6000375 IrCILlde a copy of the designation of authority for the signatory, if applicable. 0 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By; Name and Title; MMI Iel KC11I7Ctt, D�wv Director by authotity of Division Director 2 Date: x cis 00 cv i 1 I Packet Pg. 221 E ATTEST: CITY OF MIAMI FLORIDA, a municipal corporation, -- r Todd B. Haion Ei� ilio T. Gonzalez, Ph.D. City Clerk City allager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE 2 CORRECTNESS: REQUIREMENTS: x 00 Victor' MendeezzZ- Ann Marie Sharpe i ec or City Attorn Department of Ri agement Packet Pg. 222 i 1 C.9.b {I EXHIBIT—1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: 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: J5 700 000,00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNMR THIS AGREEMENT: 00 Federal Program: LL 1. Sub-Recipient is to use funding to perform eligible activities as identified FY 2018 Department of Homeland Security Notice of Funding Opporturity. 2, sub-Racipient is subject to 0 administrative and financial requirements as set forth in this Agreement or will I not be in compJance with the terms of the Agreement. 2 3. Sub-Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. NOTE.- 2 C,F,R. Part 200, and Section 2I5.97(5)(a), Florida Statutes,require that the inFnrmatian about Federal Programs and State Projects ircluded in Exhibit 1 be provided to the Sub-Recipient, 0 cv i i Packet Pg. 223 C.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 twist (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 hotneiand security professionals. The list consists of 21 equipment categories divided into sub-categories, tertiary categories, and then individual equipment items. 00 The AEL can be found at htt .11beta-fema, ovlauthorized-e ui ment-list. At the discretion of the Sub-recipient, funds allocated to Management and Administration costs cis (as described in the "Proposed Program Budget") may be put towards Programmatic costs M instead. However, no more than 5% of each Sub-recipient's total award may be expended on Management and Administration costs, The transfer of funds between the categories listed in the "Proposed Program Budget" is ®I permitted. However, the transfer of Funds between Issues is strictly prohibited, Grant Sub-recipient Agency Categorylissue Amount Allocated Award Allocation —Issue 41 $6,000,000,00 FY 2018-State Homeland IL'IiamllFart l audsrdale UASI State Management&Administration $300,000.00 Security Grant Program-- withheld 5% _ Urban Area Security Initiative Issue 41 Expendable Award Allocation after 5% $5,700,000.00 reduction 00 LETP-Type Activities(25% of award allocation)This amount is not in $1,500,000.00 addition to the remaining award amount but instead signifies the amount needed to meet the 25% 0 re uirement, Management and Administration (the dollar amount which corresponds $285,000.00 to 5%of the total local agency allocation is shown in the column on the rl ht). zoo 00o ao 71 I Packet Pg. 224 C.9.b BUDGET DETAIL WORKSHEEET 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. Quantity tJn�t to t Total Cast Issue# 13AIIowable Planning Casts Y Developing hazardlthreat-specific annexes that incorporate the range of prevention, protection,response,and recovery activities Developing and implementing homefand security support programs and adopting ongoing DHS national initiatives Developing related terrorism and other catastrophic event prevention activities 00 Developing and enhancing plans and protocols Common—Planning—(Planning,Training and Exercise)Line 1 $320,504.00 $320.504,00 41 item 2018-01 Developing or conducting assessments I Hiring of full or part-time staff or contractors/consultants to assist ' with planning actWtles(not for the purpose of hiring public safety personnel fulflWn traditional public safet duties) LL I Common• Planning—(EM Planners and Consultants)Line item 1 $599,724.00 $599,724,00 41 2018.01 2 Prevention--Intelligence and Information Sharing(LPR 1 $55,905.00 $55,905.00 41 Analyst), Line item 2018-03 Prevention—Intelligence and Information Sharing (Metadata 1 $33,389,00 $33,389.00 41 Planner), Line item 2018-03 Materials required to conduct planning activities _ Prevention—Public Information and Warning, (CPAT/BPAT 1 $40 0QQ,00 $40,000.00 41 Program Act€vftles), Line item 2018-05 00 Travel/per diem related to planning activities Overtime and backfill costs(in accordance with operational Cost Guidance Issuance of WHTI-compliant Tribal identification cards Activities to achieve planning inclusive of people with disabilities ca and others with access and functional needs Coordination with Citizen Corps Councils for public information/education and development of volunteers Update governance structures and process and plans for emergency communications Activities to achieve planning inclusive of people with limited English proficiency _ -- " f TDTALPLANNINGEXPENDITURES. $1,049,52200 4t f Allowable Training Costs Quantity Unit Cost Total Cast Issue# Overtime and backfill for emergency preparedness and response personnel attending DHS/+=EMA-sponsored and approved trains ng classes 74 1 1 Packet Pg. 225 C.9.b i Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA trainin Training Workshops and Conferences i i Activities to achieve training inclusive of people with disabilities and others with access and functional needs Full or Part-Time Staff or ContractorslConsultants _T_ Common—Planning (Training Classes), tine item 2018-01 1 $176,595.00 ( $176,595,00 41 Certification/Recertification of Instructors Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise projects)(e.g., copyIng paper, gloves,tape, non-sterile masks, and disposable rotective equipment). Instructor certifica tic n/re-certification 00 Coordination with Citizen Corps Councils in conducting trainingLL Interoperable communications training Activities to achieve training inclusive of people with limited English proficiency TOTAL TRAINING EXPENDITURES $176,595.0t} 41 i I Allowable Organizational Activities(HSGP and LETP) Quantity It cost Total Cost Issue 4 Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (up to 50 percent of the allocation) Prevention—Interdiction and Disruption (Operational Overtime approved by FEMA), Line item 2018-04 1 $66,816.00 $86,816,00 41 I Overtime for information, investigative, and intelligence sharing activities(up to 50 percent of the allocation) Hiring of new staff positions`contractors/consultants for participation in informationfintelligence analysis and sharing groups or fusion center activities(up to 50 percent of the allocation) Prevention—Intelligence and Information Sharing (Fusion 00 Analysts), tine item 2018-03 1 $252,799.00 $252,799.00 41 cv TOTAL ORGANIZATIONAL EXPENDITURES $319,615,00 i as Allowable Exercise Costs fuantity, Unit Cost Total Cast Design, Develop, Conduct and Evaluate an Exercise Exercise Planning Workshop—Grant funds may be used to plan and conduct an Exercise Panning Workshop to Include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies,travel and exercise plan j development. Full or Part-Time Staff or Contra ctors;Consuitants—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 I evaluation of CBRNE exercises.The applicant's formal written procurement policy or the Federal Acquisition Regulations(FAR) must be followed. ! — ?J I Packet Pg. 226 1 i Common--Planning (Exercises), Line item 2018-01 ! 1 $132,879,00 ! $132,879.00 41 I l l � Overtime and backfill costs—Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in FENIA 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 ro'ect s , 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)... 00 €nteroperable communications exercises LL Activities to achieve planning inclusive of people with limited English proficiency I, TOTAL EXERCl51;EXPENDITURES $132,879 04 41 ! Eligible Equipment Acquisition Costs LL The table below highlights the allowable equipment categories for i this award, A comprehensive listing of these allowable equipment Quantity Unit Cost Total Cost Issue# categories,and specific equipment eligible under each category, kare listed on the web-based version of the Authorized Equipment List(AEwL}at htt IIwNN.fema, ovlauthorized-equipment-list. Personal protective equipment — Explosive device mitigation and remediation equipment _ Prevention—Screening, Search, and Detection (X-Ray I Systems),AEL#02EX-01•XRAP, Line item 201 Ei-06 1 $83,100-00 $83,100.00 41 00 Protection— Physical Protective Measures (Bomb Suits); AEL 1 $38,500.00 $38,500.00 41 CD #02PE-01-8SUT, Line item 201&09 CBRNE operational search and rescue equipment iPrevention—Interdiction and Disruption (Surveillance � Platforms), AEL#030E-07-ROVL, 12TR-00-TEQP 1 $300,481.00 $300,481A0 41 Prevention —Screening,Search and Detection (SWAT Pole 1 $15, 201.00 $15,201,00 41 Camera), AEL#03SR-03-SCA M, Line item 2013-06 Response—CE3RNE—Mass Search and Rescue(SWAT Night i Vision); AEL 0030E-02-TILA; Lino item 218-12 1 $32,41&00 $32,416.00 41 Response—CE3RNE—Situational Assessment(SUAS); AEL #030E-07-SUAS; Line item 2018-14A 1 $49,690.00 $49,690,00 41 Response—Communications _Operational Communication (Communication and Intelligence Equipment for SRT); AEL 1 $46,600.00 $46,600.00 41 !. #030E.01-CTAC; 13LE-00-SURV; Line Item 2018-15 � 1 26 i Packet Pg. 227 I C.9.b Response--Communications-Operational Communications (Mobile Message Boards); AEL#030E-03-SIGN; Line item 1 $34,000.00 $34,000.00 41 i 2018-15 _ ! I Information technology Common--Operational Coordination (Incident Command Software System),AEL#04AP-05-CDSS, 04AP-03-GISS, 04SW-04-NETW, 04HW-01-INHW, 04AP-01-CADS, 21GN-00- 1 $306,245,00 $306,245.00 41 CNST; Line item 2018-02 Prevention--Interdiction and Disruption (Fusion Special Events Platform Upgrades),AEL#04HW-01-INHW, 04MO-03- 1 $10,000.00 $10,000.00 41 DISP, Line item 2018-04 Cybersecurity enhancement equipment Protection-Cybersecurity(Regional CRT Project); AEL 00 #04HW01-INHW, 05HS-00-FRNS,05HS.00•MALW, 05NP-00- 1 $140,000.00 i $140,C00.00 41 I SEIM; Line item 2018-08 Interoperable communications equipment Response-Communications --Operational Communications (Sat Phone Sustainment).;AEL#06CC-03-SATS; Line item 2018.15 1 $23,545.00 $23,545.00 41 i Response-Communications-Operational Communications i ®i (Interoperable P25 Project); AEI- #06CP-01-PORT; 04HW.01- 1 $150,747.00 $150,747.00 41 i T INHW; 10SC-00-BATT; 06CP-01-NIOBL); Line item 2013.15 Response-Communications -Operational Communications (FirstNet Mobilellnteroperability);AEL#06CC-01-CELL,06CC- 02-OSAD, 06CC-03-5ATNI, 06CC-03-SATP, 06CC-04 EQSD, 1 $20,002.00 $20,002.00 41 06CC-04-SADS; 06CP-02-BRDG, and 06CP-03-TOWR); Line item 2018-15 Response Communications-Operational Communications (Bridging Projects); AEL 906CP-02-BRDG; 21GN-004NST; Line 1 $241,404.00 $241,404.00 41 item 2015-15 00 cv i Detection Equipment Prevention -Interdiction and Disruption(8pmb Dogs),AEL #07ED-02-DOGS, Line Item 2018-04 1 $95,000.00 $95',000,00 41 ip . ca Protection--Screening, Search and Detecti�gn (Hazmat Chemical Detection);AEL#04CD-01-DPRS,ib7CD•01-FTIR; 1 $70,000.00 $70,000.00 41 I�I Line item 2018-10 Protection-Screening, Search and Detection(Aviation Radiation Detection/identificatlon);AEL#07RD-04-SGND; Line 1 $283,564.00 $283,564.00 41 Item 2018-10 i I Decontamination Equipment Medical supplies Power equipment(generators, batteries,power cells) 77 Packet Pg. 228 f C.9.b I �i CBRNE Reference Materials CBRNE Incident Response Vehicles Terrorism Incident Prevention Equipment Response-Communications-Operational Communications (Emergency Alert System); AEL#13IT-00-ALRT; Line item 1 $47,693.00 $47,698,00 41 2018-15 Physical Security Enhancement Equipment Protection-Access Controf and Identity Verification (Access Control Systems); AEL#14SW-01-PACS, 21GN-00-INST; Line 1 $55,039,00 $55,039.00 41 00 Item 2018-07 i Protection-Physical Protective Measures(CCTV Systems); AEL#143W-01-VIDA, 14SW-01-PACS, 21GN-00-INST, 04HW- V5 01-INHW, 21GN-00-CNST and 04MD-03-DISP; Line item 2018- 1 $576,825.00 $576,825.00 41 09 i Recovery-Infrastructure Systems (Redundant 1 $10,360,00 $10,360,00 41 Communications);AEL#14C1-01-Ct70P; 2018-16 Inspection and Screening Systems 2 r Anlmaf and Plants CBCB�revention and Response watercraft CBRNE Aviation Equipment 00 CBRNE Logistical Support Equipment Response-CBRNE-Logistics and Supply Chain cy Management(Fuel Tank Trailer),AEL#19GN-00-FUEL, 12TR- 1 $29,535.00 $29,535.00 41 00-TEQP; Line item 2018-13 intervention Equipment Other authorized equipment costs(include any construction or renovation costs in this categery;Written approval must be provided by FEMA prior to the use of any funds for construction or renovation Common -Operational Coordination(CERTICCP),AEL# 21GN-00-CCEQ,06CP.01-PORT, 09ME-01-BAGM, and 19GN- 1 $167,713.00 $167,713.00 41 DO-BGPK; tine item 2018-02 Common -Operational Coordination (EOC Eni _ancements), AEL# 04HW-01-INHW, 21 GN-00-OCEQ,04AP-05-COSS,137- i 00-ALRT, 04AP-01-CADS, 04MD,02-PROJ,04MD-03-DISP, 1 $294,846-00 $294,846,00 41 04HW-01-HHCD, 04MD-01-VCAM, 21GN-00-CNST, 21GN-00- INST,21 GN-00-MAIN, 06CP-05-VCOM, 05PM-00-PTCH, 06CC- 03-SATP Line item 2018-02 28 i Packet Pg. 229 i C.9.b i Prevention—Intelligence and Information Sharing (Fusion Center Operations), AEL#21GN-00-OCEQ, 04HW-01-INHW, 1 $162,173.00 $162,173,00 41 131T-00-INTL, 131r-60-ALRT; Line item 2018-03 I Mitigation—Long-Term Vulnerability Reduction (Maintenance, I Sustainment, Repair and Replace HSGP Equipment); AEL 1 $451,705,00 $451,705,00 I 41 N21GN-00-MAIN, Line Item 2018.11 TOTAL EQUIPMENT EXPENDITURES $3,736,389,00 41 Eligible Management and Administration Casts Quantity Unit Cost Total Cast issue# Hiring of full-time or part-time staff or contractors/consultants: to assist with the management of the respective grant program; 1 $270,000.00 $270,000.00 41 application requirements, and compliance with reporting and data collection requirements(4 personnel) Development of operating plans for information collection and processing necessary to respond to DHS/FENIA data calls Overtime and backfill costs—Overtime expenses are defined as the result of personnel who worked over and above their normal 00 scheduled daily or weekly worked time in the performance of FEMA—approved activities. Backfill Costs also called "Overtime as i Backfiil"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 M activities outside their core responsibilities, Neither overtime nor backfill expenses are the result of an increase of Full—Time Equivalent(FTEs)employees.These costs are allowed only to the extent the payment for such services is in accordance with the LL policies of the stale or unit(s)of local government and has the approval of the state or the awarding agency, whichever is applicable, In no case is dual compensation allowable, That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e,g., 1:00 pm to 5,00 pm),even though such work may benefit troth aotivities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act(FICA),Workers' Com ensation and Unemployment Compensation. Travel expenses I _ Meeting-related expenses Authorized office equipment: including personaf computers, laptop 00 computers, printers, t.CD projectors, and other equipment or 1 $10,000.00 $10,000.00 41 software which may be required to support the implementation of CD the homeland security strategy. The fallowing are allowable only within the agreement period: � Recurring fees/charges associated with certain equipment,such as 1 $5,000.00 $5,000.00 41 cell phones, faxes,Leasing and/or renting of space for newly hired personnel to administer programs within the grant program. TOTAL M&A EXPENDITURES $285,000.00 41 TOTAL EXPENDITURES $5,700,000.00 f1 41 ?g I I Packet Pg. 230 i ATTACHMENT B 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 Natfonal Preparedness Directorate Fiscal Year2018 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: I. Issue and Project Description — Issue 41 — Urban Area Security Initiative (UASI): The UASI Program assists high-threat, high-density Urban Areas in efforts to build, sustain, and deliver the capabilities 00 necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. LL li. Categories and Eligible Activities FY 2018 allowable costs are divided into the following categories for this agreement; Planning, 2 Organizational, Exercise, Training, Equipment and Management and Administration. Each categorys allowable costs have been listed In the"Budget Detail Worksheet" above. I A. Allowable Planning Related Costs 2 SHSP funds may he used fora range of emergency preparedness and management planning activities and such as those associated with the development of the THIRA, SPR, continuity of operations 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 outlined in CPG 101 v 2.0, Developing hazardlthreat-specific annexes that incorporate the range of prevention,protection, response, and recovery activities. • Developinc and implementing homeland security support programs and adopting DH81FEMA national initiatives, Developing related terrorism and other catastrophic event prevention activities. Developing and enhancing plans and protocols. Developing or conducting assessments. 00 Miring of full-or part-time staff or co ntracUcon sultan ts to assist with planning activities (not for the purpose of hiring public safety personne# fulfilling traditional public safety duties). • Materials required to conduct planning activities. + Travel/per diem related to planning activities. • Overtime and backfiil costs(in accordance with operational Cost Guidance), Issuance of V'IHTI-compliant Tribal identification card. Activities to achieve planning inclusive of people with disabilities. + Coordination with Citizen Corps Councils for public irformationleducation and development of volunteer programs, • Update governance structures and processes and plans for emergency communications. • Activities to achieve planning inclusive of people with limited English proficiency B, Allowable Organization Related Costs (SHSP and UASI Only) Organizational activities include; • Program management; Development of whole community partnerships,through groups such as Citizen Corps Councils; Structures and mechanisms for information sharing between the public and private sector; 1D I f Packet Pg. 231 C.9.b • Implementing models, programs, and workforce enhancement initiatives to address ideologically-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, inventoryfng, organizing, . and tracking to facilitate the dispatch,deployment, and recovery of resources before, during, and after an incident; s Responding to an increase in the threat level under the National Terrorism Advisory System (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 fJ submission. All 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-Racipient of a grant, the FENIA 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 00 letterhead,with the following information; Documentation explaining why the cap should be waived; • Conditions under which the request is be;ng submitted;and A budget and method of calculation of personnel costs both in percentages of the grant award and in total dollar amount, To avoid supplanting issues, the request must also include a three year staffing history for the requesting entity. I Organizational activities under SHSP and UAS I include: 2 Intelligence Analysts, Per the Personnel Retmbursement for Intelligence Cooperation and Enhancement(PRICE)of l-lornelancl Security Act(Public Law 110-412), SHSP and UASI funds may be used to hire new staff and/or contractor positions to serve as intelligence analysts to enable Information/intelligence 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: u Successfully complete training to ensure baseline proficiency in intelligence analysis and production within s'x months of being hired; and/or, Previously served as an intelligence analyst for a minimum of two years either in a Federal intelligence agency, the military, or State and/or local law enforcement 00 intelligence unit. cv As identified in the Maturation and Enhancement of State and Major Urban Area Fusfon Centers priority, all fusion center analytic personnel must demonstrate qualifications that meet or exceed competencies identified in the 0 Common Competencies for State. Local, and Tribal Intelligence Analysts,which outlines the minimum CategOrleS of training needed for intelligence analysts. A certificate of completion of such training must be on file with the SAA cu and must be made available to the grantee's respective Headquarters Program Analyst upon request. In addition to these training requirements, fusion centers should also continue to mature their analytic capabilities by addressing gaps in analytic capability identified during the fusion center's annual assessment. Overtime Costs. Overtime costs are allowable for personnel to participate in information, investigative,and intelligence sharing activities specifically related to homeland security and specifically requested by a federal agency,Allowable costs are limited to overtime associated with federally requested participation in eligible activities, including anti-terrorism task forces,Joint Terrorism Task Forces (JTTFs), 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 federaf man-hour estimate, and only after funding for these activities from other federal sources(Le,, FBi JTTF payments to state and local agencies)has been exhausted. Under no circumstances should DHSiFENIA grant funding be used to pay for costs already supported by funding from another federal source. 31 I € Packet Pg. 232 I C.9.b • Operational Overtime Costs. In support of efforts to enhance capabilities for detecting,deterring disrupting. and preventing acts of terrorism,operational overtime costs are allowable for increased security measures at critical infrastructure sites. SHSP or UASI funds for organizational costs may be used to support select operational expenses associated with increased security measures at critcal infrastructure sites in the following authorized categories: Backfili and overtime expenses for staffing State or Major Urban Area fusion centers: Hiring of contracted security for critical infrastructure sites: - Participation in Regional Resiliency Assessment Program(RRAP)activities: Public safety overtime; Ttfe 32 or State Active Duty National Guard deployments to protect critical infrastructure sites, inciuding all resources that are part of the standard National Guard depioyment package(Note: Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package); and Increased border security activities in coordination with CBP. SHSP or UASI funds may only be spent for operational overtime costs upon prior approval provided in writing by the FEMA Administrator per the instructions in 15 379, 0 Law Enforcement Terrorism Prevention(LETP)Activities Allowable Costs(SHSP and UASI) LETP Activities eligible for use of LETPA focused funds include but are not limited to: • Maturation and enhancement of designated state and major Urban Area fusion centers, including Information sharing and analysis, threat recognition, terrorist interdiction,and training/hiring of intelligence analysts; M • Coordination behNeen fusion centers and other analytical and investigative efforts including, but not limited to Joint Terrorism Task Forces (JTTFs), Field Intelligence Groups(FiGs), High Intensity Drug Trafficking Areas(HIDTAs), Regional Information Sharing Systems(KISS)Centers,criminal intelligence units, and real-time crime analysis centers; I • Implementation and maintenance of the Nationwide SAR Initiative, including training for front line personnel on identlfling and reporting suspicious activities;and 2 • Implementation of the"If You See Something, Say Something"campaign to raise public awareness of indicators of terrorism and torrorism-related crime and associated efforts to increase the sharing of information with public,and private sector partners, including nonprofit organizations. x C. Allowable Exercise Related Costs Exercises conducted with grant funding should be managed and conducted consistent with HSEEP. HSEEP guidance for exercise design,deveioprnent, conduct, evaluation, and improvement planning is located at cis httpa;1iwwla.fema.gov,lexercrse. 00 • Design, Develop,Conduct, and Evaluate an Exercise Exercise Planning Workshop cv • Full-or part-time staff or contractorslconsultants • Overtime and backfill costs, including expenses for part-time and volunteer emergency Response personnel participating in DHSIFEN1A exercise • Implementation of HSEEP • Activities to achieve exercises inclusive of people with disabilities • Travel • Supplies associated with allowable approved exercises • Interoperable communications exercises Additional Exercise Information Sub-Recipients that decide to use HSGP funds to conduct an exercise(s)are encouraged to complete a progressive exercise series. Exercises conducted by states and Urban Areas may be used to fulfill similar exercise requirements required by other grant programs. Sub-Recipients are encouraged to invite representatives/planners invoived with 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. 32 Packet Pg. 233 I E C.9.b • Exercise Scenarlos.The scenarios used in HSGP-Funded exercises must be based on the state/Urban 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 disciplines and non-governmental organizations, and take into account the needs and requirements for individuals with disabilities,individuals with limited English proficiency and others with access and functional needs, and is essential to the development of an effective and comprehensive exercise program. Exercises are designed to he progressive—increasing in scope and complexity and drawing upon results and outcomes from prier exercises and real-world incidents-to challenge participating communities. Consistent with Homeland Security Exercise and Evaluation Program guidance and tools, the National Exercise Program(NEP)serves as the principal exercise mechanism for examining national preparedness and measuring readiness Exercise scenarios should align with priorities and capabilities idenlified in the Multi-year TEP. • Special Event Planning. If a state or Urban Area will be hosting a special event(e.g., Super Bowl, G-8 Summit), the special event planning should be considered as a training or exercise activity for the purpose of the multi-year TEP. States must include all confirmed or planned special events in the Multi- year TEP. The state or Urban Area may 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 00 exercf ses at major venues(e.g„ arenas,convention centers)that focus on evacuations, communications,and command and control. V5 • Regional Exerclses, States should also anticipate participating'rn at least one Regional Exorcise annually. States must include all confirmed or planned special events fn the Mull-year Ti M • Role of Non-Governmental Entities in Exercises. Non-governmental participation in all levels of exerclses is strongly encouraged, Leaders from non-governrnentai entities should be included in the LL planning, design, and evaluation of an exercise. State,local,Tribal, and territorial jurisdictions are encouraged to develop exercises that test the integration and use of non-governmental resources provided by non-governmeni entities,defined as the private sector and private non-profit, faith-based, community, participation In exercises should be coordinated with the local Citizen Corps Council(s)or their equivalent and other partner agencies. Fi State Training Office conditions for Exercises: For the purposes of this Agreement, any exercise which is compllant 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. rn • In order to receive payment for successfully attending an authorized exercise, the Sub-Recipient must provide the Division with a certificate of completion or similar correspondence signed by the individual in 00 charge of the exercise;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 exercise. • in order the receive payment for successfully conducting an authorized exercise,the Sub-Recipient must provide tl e Division with an ExPLAN,AAR/IP, IPMIPCIFPC Meeting Minutes and Sign-in Sheet for exercise attendees;additionally, the Sub-Recipient must provide the Division with all receipts that 0 document the costs incurred by the.Sub-Recipient in order to conduct the exercise, The Sub-Reciplent � must include with the reimbursement package a separate copy of the page(s) from the Exercise Plan which identifies the participant agencies and a printed pages) from the State (and County or Pogionoi) MYTE'P reflecting the exercise, ® if you require feodiwater for this event,request must come to the Division within 25 days prior to the 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: 33 i i Packet Pg. 234 I E C.9.b Unauthorized Exercise Costs • Reimbursement for the maintenance and/or wear and toar 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(SHSP and UASI) 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 AAR/IP or other assessments(e.g., National Emergency Communications Plan NECP Goal Assessments)and contribute to building a capability that will be evaluated through a formal exercise. Any training or training claps, including those for children,older adults, pregnant women, and individuals with disabilities and others who also have access or functional needs, should be identified in the AAR/IP and addressed in the state or Urban Area training cycle. Sub-Recipients are encouraged to use existing training rather than developing new courses When developing new courses, Sub-Recipients are encouraged to apply the Analysis, 00 Design, Development, Implementation and Evaluation model of instructional design using the Course Development Tool, V5 • Overtime and backfill for emergency preparedness and response personnel attending DHS/FERIA sponsored and approved training classes M • Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHSiFENiA training • Training workshops and conferences • Activities to achieve training inclusive of people wtth disabilities • Full-or part-time staff or contractors/consultants • Travel • Supplies associated with allowable approved training that are expended or consumed during the course of the planning and conduct of the exercise project(s) + Instructor certificationlre-certification • Coordination with Citizen Corps Councils in conducting training exercises Interoperable communications training Additional Training Information Per DHS/FEMA Grant Programs Directorate Policy FP 207-008-064-11 Review and Approval Requirements < for T'rainlrig Courses Funded Through Preparedness Grants, issued on September 9, 2013,states, territories,Tribal entities and urban areas are no longer required to request approval from FERIA for 00 personnel to attend non-Di FEMA training as long as the training is coordinated with and approved by the state, territory,Tribal or Urban Area Training Point of Contact(TPOC.)and falls within the FEMA mission scope and the Jurlsdictior's Emergency Operations Plan(EOP),The only exception to this policy is for Countering Violent Extremism courses. DHS/FEMA will conduct periodic reviews of all state, territory, and Urban Area training funded by DHS/FERIA.These reviews may include requests for all course materials and physical observation of, cr participation in,the funded training, If those reviews determine that courses are outside the scope of this guidance, Sub-Recipients will be asked to repay grant funds expended in support of those efforts. For further information on developing courses using the'instructional design methodology and tools that can facilitate the process, SAAs and TPOCs are encouraged to review the NTED Responder Training Development Center(RTDC)website. DHSIFE'MA Provided Training.These trainings include programs or courses developed for and delivered by institutions and organizations Funded by DHSIFEMA,This includes the Center for Domestic Preparedness(CDP), the Emergency Management Institute (ENII), and the National Training and Education Division's(NTED) training partner programs including, the Continuing Training Grants, the National Domestic Preparedness Consortium (NDPC)and the Rural Domestic Preparedness Consortium(RDPC). Approved State and Federal Sponsored Course Catalogue.This catalogue lists state and Federal sponsored courses ti)at fall within the DHSIFENIA mission scope, and have been approved through the )4 Packet Pg. 235 f C.9.b FENIA course review and approval process, An updated version of this catalog can be accessed at: ww�v.firstres ondertrainin T ralning Not Provided by DHS/FFMA. These trainings include courses that are either state sponsored or Federal sponsored(non-DHSIFENIA),coordinated and approved by the SAA or their designated TPOC,and fall within the DH.SIFEMA mission scope to prepare state, local,Tribal, and territorial personne[to prevent, protect against,mitigate, respond to, and recover from acts of terrorism or catastrophic events. State Sponsored Courses.These courses are developed for andlor delivered by institutions or organizations other than Federal entities or FENIA and are sponsored by the SAA or their designated TPOC. Joint Training and Exercises with the Public and Private Sectors. These courses are sponsored and coordinated by private sector entities to enhance public-private partnerships for training personnel to prevent,protect against,mitigate,respond to, and recover from acts of terrorism or catastrophic events, Overtime pay for first responders and emergency managers who participate in public-private graining and exercises is allowable, In addition, States, territories, Tribes,and Urban Areas are encouraged to incorporate the private sector in government- sponsored training and exercises, 00 Additional information en both DHSIFEMA provided training and other federal and state training can beLL found at:vv'rvw.firstres ondertrainin ov, V5 Training Information Reporting System("Web-Forms").Web-Forms is an electronic form/data M management system built to assist the SAA and its designated State, territory and Tribal Training Point of Contact(TPOC). Reporting training activities through Web-Forms Is not required under FY 2018 HSGP, however,the system remains available and can be accessed through the FENIA Tooikit located at http:ll,v,v,v,first esrer.d?rtrainino, evradmin in order to support grantees in their own tracking of training. l FDEM State Training office conditions: For the purposes of this Agreement,any training course listed on the DHS approved course catalog qualifies as an authorized course, The Sulo-Recipient can successfully complete an authorized course either by attending or conducting that course. _ • In order to receive payment for successfully attending an authorized training course, the Sub-Recipient must provide the Division with a certificate of course completion: additionally, the Sub-Recipient must provide the Division with a#I 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 rester 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" T_ CD cv • 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 ui For the conduct of training workshops,Sub-Racipient 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 justify the cost of holding a course. For questions regarding adequate number of participants please contact the FDEM State Training Officer for course specific guidance. Unless the Sub-Recipient receives advance written approvaf 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 (and County or Regional) MYTEP reflecting the training. E. Allowable Equipment Related Costs(SHSP and UASI) The 21 allowable prevention, protection,mitigation, response,and recovery equipment categories and equipment standards for HSCP are listed on the web-based version of the Authorized Equipment List(AEL)on 35 Packet Pg. 236 C.9.b ht!P7fl 4'u',u fema cov'autliorized-oqg ment-lisi. Unless otherwise stated, equipment must meet all mandatory regulatory and/or DHS-adopted standards to be eligible for purchase using these funds. In addition,agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment, Grant funds may be used for the procurement of medical countermeasures. Procurement of medical countermeasures must be conducted in collaboration with State/cityflocal health departments who administer Federal funds from HH8 for[his purpose, Procurement must have a sound threat based justification with an aim to reduce the consequences of mass casualty Incidents during the first crucial hours of a response, Prior to procuring pharmaceuticals, grantees must have in place an irventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiratfon dates. Grantees are encouraged to enter into rotational procurement agreements wtth vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year's period of performance for HSGP. The cost of disposal cannot be carried over to another FENIA 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, in00 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 Nvo(2)hours of a request for said deployment,The Florida Division of EmergencyLL Management{FDENI)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 "Florida Domestic Security Strategy,"ensure that all equipment purchased with tinese Funds is used to respond to any and all incidents within its regional response area as applicable for so long as this Agreement remains In effect. Prior to requesting a response, the FDENI will take prudent and LL appropriate action to determine that the level 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 FDENI 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 life expectancy or when it has been expended. The Sub-Recipient shall notify the FDENI immediately if the equipment is destroyed, lost,or stolen, Controlled Equipment(SHSP, UASI, and OPSG) Grant funds may be used for the purchase of Controlled Equipment;however, because of the nature of the equipment the potential impact on the community, there are additional and specific requirements in order to acquire - this equipment.Refer to IB 407a: Use of Grant Funds for Controlled Equipment, 00 F. Management and Administration (M&A) cv Management and administration (Nl,&A)activities are those directly relating to the management and administration of HSGP funds, such as financial management and monitoring. Sub-Recipients awarded NI&A costs under this agreement can retain a maximum of up to 5%of their total agreement award amount for NI&A costs. M&A activities Includes: s Hiring of full-time or part-time staff or contractors/consultants: To assist with the management of the respective grant program, To assist with application requirements. To assist with the compliancy with reporting and data collection requirements, G. Procurement All procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: 2 C,F,R. Part 200; Chapter 287, Florida Statues; and, any local procurement policy. 36 I Packet Pg. 237 i i C.9.b I To the extent that one standard is more stringent than another, the 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-Recipient must adhere to the requirements of the State statute. The Division shalt pre-approve all scopes of work for projects funded under this agreement. Additionally, the Sub-Recipient shall not execute a piggy-back contract unless the Dlvision 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 DMsion,the Sub-Recipient must provide the Division with a suspension and debarment form for each vendor that performed work under the agreement. Furthermore, if requested by the Division,the Sub-Recipient shall provide copies of solicitation documents including responses and justification of vendor selection. M. Piggy-backing M 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 00 must contain language or other legal authority authorizing third paities to make purchases from the contract with the vendor's consent The terms and conditions of the new contract, including the Scope of Work, must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in scope or volume of goods or services, An agency may not use the preexisting contract merely as a "basis to begin negotiations"for a broader or materially different M contract. Section 215.971, Florida Statutes Statutory changes enacted by the Legistature impose additional requirements on grant and Sub- Recipient agreements funded with Federal or State financial assistance. In pertinent part, Section 215.971(1)states, • An agency agreement that provides state financial assistance to a Recipient or Sub-Recipient,as those terms are defined in s. 215,97,or that provides federal financial assistance to a Sub-Recipient, as defined by applicable United States Office of Management and Budget circulars,must include all of the following; • A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient or Sub-Recipient is required to perform. • A provision dividing the agreement into quantifiable units of deliverables that must be received < and accepted in writing by the agency before payment. Each deliverable must be directly 00 related to the Scope of Work and specify the required minimum level of service to be CD performed and the criteria for evaluating the successful completion of each detiverabie. cy 4i • A provision specifying the financial consequences that apply if the Recipient or Sub-Recipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub- Recipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. • A provision specifying}that a Recipient or Sub-Recipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations Encurred during the specified agreement period. • A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. A provision specifying that any funds paid in excess of the amount to which the Recipient or Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency, • Any additional information required pursuant to s. 215,97. 37 i Packet Pg. 238 i C.9.b I. Overtime and Backfill The entire amount of Overtime costs,including payments related to backfilling 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 for such services is in accordance with the polldes of the State or unit(s)of local government and has the approval of the State or the awarding agency,whichever is applicabie,In no case Is dual compensation allowable,That is,an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time(e,g., 1:00 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 this agreement, leave and pay period are defined according to the Fair Labor Standards Act(FLSA). Failure to comply Failure to comply with any of the provisions outlined above shall result in disallowance of reimbursement for expenditures, Unallowable Costs (SHSP, UASt and OPSG) 00 Per FEMA policy,the purchase of weapons and weapons accessories is not allowed with HSGP. J. Reporting Requirements 1. Quarterly Programmatic Reporting: M The Quarterly Programmatic Report is due within thirty(30)days after the end of the reporting periods (tifarch 31,June 30.September 30 and December 31)for the life of this contract, If a report(s) is delinquent, future financial reimbursements will be withheld until the Sub- Recipient's reporting is current. l • If a report goes brvo(2)consecutive quarters without Sub-Recipient reflecting any activity andior no expenditures will likely result in termination of the agreement. 2 Programmatic Reporting Schedule Reporting Period Report due to FDEM no later than January I throe h March 31 Aril 30 April 1 through June 30 July 31 cis July 1 thmUgh September 30 October 31 00 October 1 through December 31 January 31 2, Programmatic Reporting-sSlR Biannual Strategic Implementation Repomi: After the end of each reporting period, for the life of the contract unless directed otherwise,the SAA,will complete the Biannual Strategic Implementation Report in the Grants Reporting Tool(GRT) his:l1vrnr_Af.reportinc,,odp.dhs.cjov. The reporting periods are January 1-June 30 and July 1- December 31. Data entry is scheduled for December f and June I respectively. Future awards and reimbursement may be withheld if these reports are delinquent, 3. Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at any time during the contract period. Reimbursements must be requested within.ninety(90)calendar days of expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within ninety(90)calendars of expenditure shall result in denial of reimbursement. The Sub-Recipient should include the category's corresponding line item number in the"Detail of Claims" form. This number can be found in the"Proposed Program Budget", A line item number Is to be included for every dollar amount listed in the "Detail of Claims"form, 4. Close-out Programmatic Reporting, 38 Packet Pg. 239 1I I i C.9.b i The Close-out Report is due to the Florida Division of Emergency Management no later than sixty(60) calendar days after the agreement is either completed or the agreement has expired. K. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Michael J. [day Amy Garman FDEM FDEIbi 2555 Shumard Oak Blvd, 2555 Shumard Oak Blvd. Tallahassee, FI-32399-2100 Tallahassee, FL 32399-2100 (850)815-4346 (850)815-4356 Michael,da @Dem.m florida,com Am ,Garmon em m florida.com L. Contractual Responsibilities The FIDENI shall determine eligibility of projects and approve changes in Scope of Work. s The FDENI shad administer the financial processes. 00 r!5 I 2 X r!5 00 cv i� i Packet Pg. 240 C.9.b ATTACHMENT C DELIVERABLES AND PERFORMANCE State Homeland Security Program (SHSP): SHSP supports the implemenlatfon of risk driven, capabilities-based State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments(THIRAs). The capability levels are assessed in the State Preparedness Report(SPR) and inform planning, organization, equipment,training, and exercise needs to prevent,protect agalnst, mitigate, respond to, and recover from acts of terrorism and other catastrophic events, Planning Deliverable: Subject to the funding limitations of this Agreement, the Division shall reirnburse the Sub- Recipient for the actual cost of successfully completing Planning activities consistent with the guidefines contained in the Comprehensive Planning Guide CPG 101 v,2. For additional information, please see http: wms ,fema govrpdf; bouUdi risionslnod(CPQ 101 V2.odf or grant guidance(Notice of Funding Opporturity). For the purposes of this Agreement, any planning activity such as those associated with the Threat and Hazard identification and Risk Analysis(THIRA),State Preparedness Report(SPR),and other planning activities that support 00 the National Preparedness Goal (NPG) and place an emphasis on updating and maintaining a current Emergency operations Flan(EOP)are eligible.The Sub-Recipient can successfully complete a planning activity either by creating or updating such plan(s). Organization Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub- M Recipient for the actual eligible costs for Personnel, Intelligence Analysts, C]verti me and Operational Overtime, Exercise Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse the Sub Recipient for the actual cost cr 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 Florida Ntulti-Year Training&Exercise Plan(MYTEP), and B)County or Regional TEP for the region in which the Sub-Reciptent is geographically located. Information related to TEPs and HSEEP compliance can be found online at: https lrwnrixr ilis.dhs, av'hse�. For the purposes of this Agreement,any exercise which is compliant with HSEEP standards and contained in the State of Florida MYTEP qualifies as an authorized exercise. The Sub-Recipient can successfully complete an authorized exercise either by attending or conducting that exercise. x Training Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse the Sub- Recipient for the actual cost of successfully completing a training course listed on the Department of Homeland Security(DHS)approved course catalog. For non-DHS approved courses the Sub-Recipient shall obtain advance FDEM approval using the Non-TED farm by contacting their grant manager. The DHS course catalog is available online at: ht„ l,�trinin .fama. ovl, For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course, The Sub-Reclp lent can successfully complete an 00 authorized course either by attending or conducting that course. Equipment Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse the Sub- cv.. Recipient for the actual cost of purchasing an item identified in the approved project funding template and budget of this agreement and listed on the DHS Authorized Equipment List(AEL), For the purposes of this Agreement, any item fisted on the AEL qualifies as an authorized item, The 21 aPowable prevention, protection,mitigation,response, o and recovery equipment categories and equipment standards for HSGP are listed on the web-based version of the Authorized Equipment List(AEL)on the Lessons Learned Information System at hft :llbeta.fema. ovlautharized e�uiornent list. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment, Management Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub- Recipient for the actual cost for Management and Administration(M&A) activities. Costs for allowable items will be reimbursed if incurred and completed with!n the period of performance,in accordance with the Scope of Work,Attachment B of this agreement. 40 Packet Pg. 241 i C.9.b Attachment D Program Statutes and Regulations 1) Age Discrimination Act of 1975 42 U.S.C.§6101 at seq. 2) Americans with Disabilities Act of 1990 42 U,S,C.§ 12101-12213 3) Chapter 473, Florida Statutes 4) Chapter215, Florida Statutes 5) Chapter252, FLudda Statutes 6) Title VI of the Civil Rights Act of 1964 42 U.S.C, §2000 at seq. 7) Title V H 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 at seq. 12) Dupiication of Benefits 2 C,F.R,Park 200, Subpart E 13) Energy Policy and Conservation Act 42 U.S.C.§ 6201 D 14) False Claims Act and Program Fraud Civil Remedies 31 U.S.C. §3729 also 38 U.S,C. § 3801-3812 00 15) Fly America Act of 1974 49 U.S.C, §41102 also 49 U.S,C. §40118 16) HoW and Motel Fire Safety Act of 1990 15 U,S,C. §2225a 17) Lobbying Prohibitions 31 U.S,C.§ 1352 t!s 18) Patents and Intellectual Property Rights 35 U.S.C. §200 et seq. 19) Procurement of Recovered Materials soctton 6002 of Solid Waste Disposal Act M 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. LL 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 of2001 18 U.S.C. § 175-172c 25) Whistleblower Protection Act 10 U.S.C, §2409,41US,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 00 cv 41 I i Packet Pg. !42 # i i C.9.b ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT If you are requesting an advance, indicate same by checking the box below, L 1 AD' ':%.tiCE: REQUESTED Advance payment of S is requested. Balance of payment;will.be ni,a&on a reinnbttrsemznt basis, These ffin&are need d to pay staff'. award benefits to consuniers. for the purcltttsz;tart-up supplies and equipment, Tho sub-recipient Would not Lie nbla to operate the pro.-rain without thin WiViNIce. 00 If you are requesting an advance,complete the following chart and line item justification below. ESTIMATE_EXPENSES _ BUDGET CATEGORYILINE ITEiNIS 20 -20_• Articipated Expenditures for First Three Months(90 days (list applicable line items) of Funding Agreement M For exam le ADMINISTRATIVE COSTS LL I (Include Secondary Administration.) µ For example PROGRAM EXPENSES TOTAL EXPENSES x LINE ITEf41 JUSTIFICATION(For each line item, provide a detailed justification explaWng 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,saiary and expense projections,etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(9C)days of the Funding Agreement term, Any 00 advance funds not expended within the first ninety(90)days of the contract term shall be returned to the Division Cashier, 2555 Shurnard Oak Boufevard,Tallahassee, Florida 32399,within thirty(30)days of receipt, along with any CD cy interest earned on the advance). 42 Packet Pg. 243 i 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, Park D—Post Federal Award Requirements—Procurement Standards(2 C,F,R, §§200.317 through 200.326), Codes of conduct D 00 The Sub-Recipient shall maintain written standards of conduct governing the performance of its employees engaged LL in the award and administration of contracts. No employee, officer, or agent shall participate In the selection,award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved Such a conflict would arise when the employee, officer, or agent, any member of his or her immedfate family, his or her partner,or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in the firm selected for an award.The officers, employees, and agents of the Sub-Recipient shall neither soficit nor accept gratuities, favors, ar 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 LL standards by officers employees, or agents of the Sub-Recipient, Business htours The Sub-Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site,from Monde to E[Lday from Sam to 5 m Licensing and Permitting 00 It- Alf subcontractors or employees hired by the Sub-Recipient shall have all current ficenses and permits required for ail of the particular work for which they are hired by the Sub-Recipient. ui 43 i Packet Pg. 244 I I C.9.b ATTACHMENT G Certification Regarding debarment,Suspension,Ineligibility And Voluntary Exclusion 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 Suh-Recipient's subcontractor is unable to certify to the above statement, the prospective 00 subcontractor shalt attach an explanation to this form, SUBCONTRACTOR: M I 2 By: Signature Sub-Recipient's Name x Name and Title FDEM Contract Number 00 Street Address Project Number cv City, State, Zip Date 44 Packet Pg. 245 I C.9.b j ATTACHMENT H STATEMENT OF ASSURANCES All of the instructions,guidance, limitations, and other conditions set forth in the FY 2018 Notice of Funding Opportunity(NOFO)for this program are incorporated here by reference 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, Aft Sub-Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposais,bid InOtations, and other documents describing projects or programs funded in whofe 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,or00 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 allowable under two or more Federai awards in accordance with existing Federal statutes,regulations, or the terms and conditions of the Federal award cis Sub-Recipients are required to comply with the requirements set forth in the government-wide Award Term 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, Alt Sub-Recipients must acknowledge and agree to comply with applicable provisions governing DHS access to LL records, accounts, information, facilities, and staff. 2 1. Sub-Recipient must cooperate with any compliance review or compliart investigation 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 Ft7EW and maintain appropriate backup documentation to support reports, Sub-Recipients should also comply with alf other special reporting, data collection and evaluation requa rements, 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, 00 color, national orfgtn(ircluding limited English proficiency), sex, age, disability, religion, or familial status, the Sub CD - Recipient must provide a list of all such proceedings, pending or completed,including outcome and copies of settlement agreements to FDENI for forwarding to the DHS awarding office and the DFIS 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. 6. Sub-Recipient will 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 establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particuiarly those with whom they have family, business, or other ties. 8. Sub-Recipient who receives awards made under programs that provide emergency communications equipment and its related activities must comply with SAFECONI Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. 45 Packet Pg. 246 i i C.9.b 9. Sub-Recipient will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will nolify the Federal grantor ardency 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 needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from FIDEM to make proper disposition of the equipment pursuant to 2 G.F.R. Section 200,313. C 00 cis LL I 2 x 00 T_ CD cv 4i C 0 46 i Packet Pg. 247 f i C.9.b ATTACFIMEN7 1 MANDATORY CONTRACT PROVISIONS Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F,R. Part 200. It is the resporsibility of the Sub-Recipient to include the require provisions. The Division provides the following list of sample provisions that may be required; 00 LL 2 X 00 Cv 47 Packet Pg. 248 i OMB Guidance Pt.200, App. 11 A rn.;!:,•P I J, or I r',j 5 a 1'11-1 A'r If',I;,1.) na to zpq Won mWeA bv pay, qwnm . tjft,, Tm`,-r.,., r n,--.ji--.ion ,jj-.r:j,jjj It,Crin., M anon of JIM AWMAY bv Wovam" r717 'Us, unpr I WWWO Mu.'. I ri.:ti lo t I.v:,,vi :!n W Ny".A.Ve W K L, S.0 xi 4..3, � cf. tort .ratan' "C. .kpulj- wl"h J, ,.maj[ ';.tj_;Jnozss j%111 or ov_r:t- 1H. V,� FQ"W7 PY 0=01an rwusnw go MQW%L!Wv W rar .111.1 '1. In aj,_ C1.19. Of vxpor! Wl�h L:t-i mjjjf, 1110WIL LIr wov"'r f`N,4,',3l1!.0 N7 r.o Worni lid ru- UnW Lh.if tha vcwlvt. 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A.N P. r TOIN YOU 1=11WOUS or HoCaMa Ind WE"mmo un'.,1,1o8 tha, awp- rctv%Wnd and wcounod Ir by Wo In. ,UtU',;On Ul"hl•ar An IIICMuz LA,-'�-1,','-vLAon of In A.C hinls, npqr-,11• tiliti tint:umont., inu,;t ho �njnj, W1,01 4on.,xind raulan--b unkb�r �ha C nos I: Hwa s�G -of ofzan:lv'd PLU IMS an can) sit ug ux=nd LI, C Odwr m')qSl)v'!d wramm qr xmv m"v"wv inj thmsir) Pr-?joc�.; P�nanco„j by And non- ui.t.117 in! spalk,:*� 00 'C� � "L-"L' V AZjr 1�1,1 jtlZ:UI L pvi�p, x-i !r- P01,"w"nazwo of work odwr than In Qf-Z- x los of, 'cl.v Lnj;:,lKj SuCh PI`9Zv-lnS %-.d PrQlecl .kn? h,);il"h SMM4 Ind conlillui-t.7 S('r"'Icu oe m1wen znlrmv Howlyn,whon 101 01 coma lwuw; JIM vtwz. llntflQ?rakn b,., tie la3mue-on w-,hour, Uwv Ma, bl wow M=wwww 1 no us, Qf A., flll.."IN"Qll for ni, Wort.V; an,tsa an v MOM!of n M"UnM EXL:')f'E 11 tb-i j Ujn, iVl--l! :0;5 14:- in M" Appar'lx pa,-,L- 10 tl "P&A- 1:06*-5: a-'d 3 �,45. -147 AIPA�Off��jkj 1- I Cr or b�'ui.. aNj NNW Mov axo f4ct'l-j2,S of Ull)J5"Ljt. '11€31 nj, ovril ,h , I ,M- or oNl,j�mcj4 IL 1j7I MOr or ax:�jn.;wp llc jFltt: jjjkf �3 1'),'r,, VUkj�!Zj U 11 1aIIJ x P;JX; Or tjl.jjj v-7;1 'n 40 stu-!t-- co mmn ar uwww m"n jl;;" woo MAW =v MWP wwum"a gam, of w!ll,:b ,r4 ualllr2w"lloi'5- to In In 1"Virl D mior WHAM 4wn unuh in m;u"Wn 00 I : cmma Ar It sere ^thin iunat:Fan. It In CD A- fl'5-W �)rlod for his.ftbu- C14 ticn. t?f x-d At�h,,IjWy j.yU. Chat &.trl.az wh!,:h c6o casts aro lncurnl, 711a C MY bui nornially ihotill,l 0 V3 MR wMnow hmnwd Md 50 by Elio E fi.r r.h7,%j4%'h. rcr lhl�III uz-v own t rha lbtum pormil 3)ioq:rj (}ocllm"'Hn N not cangdond Sn"OW a w 1"M MwMMM in :01wr fumlym. hu" I", t of t'ljo In- trl5un!.ln'lfcnstj. ;'rj-*.I.-U,)',l of th'? b. Vlqrl !or cut qTaupinqg 1"14 b Vrxvizf�d r,-ist-jr?jt1dCt1�4of.h,) [V&A� cov. Ofa� "C-AjUtj.)n 1;; w 4_1 jccq r.,,,t �.a I;b, 1,1djerx�t 11 111 3*3:tlon B, It And usl,nruml' of llultncc fP&A� cost.". to 49 rPacket Pg. 250 ATTACHMENT 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(FDE[vl) has a responsibility to track and monitor the status of grant activity and items purchased to ensure compliance with applicable grant guidance and statutory regulations. The monitoring process is designed to assess a Sub-Recipient agency's compliance with applicable state and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and cn-site visits. There are two primary areas reviewed during monitoring activities-financial and programmatic monitoring. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts, Programmatic monitoring is the observation of equipment purchased, protocols and other associated records. Var ous levels of financial and programmatic review may be accomplished during this process. 00 Desk monitoring is the review of projects, financiai activity and technical assistance between FDEM and the applicant via e-mail and telephone. On-site monitoring are actual visits to the Sub-Recipient agencies by Division representatives who examines records, procedures and equipment. Freau�ncy_af rin _annuaf monit g activity, Each year, FiDEM will conduct monitoring based or 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 shouid be performed. It is important to note that although a given grant may be closed, it is still subject to either desk or on-site monitoring for a rive(5)year period following closure. LL Areas that will be examined inciude; 2 • 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; 00 • Difficulties encountered in completing projects; • Agency NfNIS/ICS compliance documentation; • Equal Employment Opportunity(EEO Status); • Procurement Policy FDEM may request additional monitoring/information of the activity, or lack thereof,generates questions from the region, the sponsoring agency or FfDEM leadership. The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process. Sub-Recipients will be required to participate in desk top monitoring as determined by FDEV This contact will provide an opportunity to identify the need for technical assistance (TA)andlor a site visit if FDEfvi determines that a Sub-Recipient is having difficulty completing their project. As difficulties/deficiencies are identified,the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant Sub-Recipient agency name, year and project description and the nature of the issue In question, Many of the issues that arise may be resolved at the regional or sponsoring agency level, issues that require further TA will be referred to FDEM for assistance. Examples of TA include but are not limited to: » Equipment selection or available vendors • Eligibility of stems or services 50 Packet Pg. 251 i C.9.b • Coordination and partnership with other agencies within or outside the region or discipline • Recordkeeping Reporting Requirements • Documentation in support of a Request for Reimbursement On-Site Monitoring Protocol On-site monitoring will be conducted by FLDEM or designated personnel. On-site monitoring visits will be scheduled in advance with the Sub-Recipient Agency POC designated in the grant agreement. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. On-site monitoring visits will begin}with those sub-recipients that are currently spending and risks are identified and significant for that federal fiscal year(FY 18), Site visits may be combined when geographically convenient, There is a financial/programmatic on-site monitoring checklist to assist in the completion of all required tasks. Site Visit Preparation A monitoring notification fetter wili be sent to the Sub-Recipient Agency Point of Contact(POC)outlining the 00 date, time and purpose of the site visit before the planned arrival date.The appointment should be confirmed It- with the Sub-Recipient in writing(emall Is acceptable)and documented in the grant folder. ILL 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. On-Site Monitoring Visit 2 Once FDENt personnel have arrived at the site, FDENI personnel will explain the purpose of the site visit and the items FDE'ivl intends to examine will be identified,All objectives of the site visit will be explained during this time. 2 FDEN1 personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tourNiSualispot 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 51,000. per item). If an item Is not avzAabie (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Other programmatic issues can be discussed at this time, such as missing quarterly reports,payment voucherlreimbursement, equipment,questions, etc. 00 Post MonitoringVisit F©EM personnel will review the on-site monitoring workshoets and backup documentation as a team and discuss the events of the on-site monitoring. Within thirty(30)calendar days of the site visit, a post monitoring letter will be generated and sent to the sub- recipient 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, If there are no findings, the Sub-Recipient will submit a Corrective Action Flan within a timeframe as determined by FOEM. Noncompliance on behalf of sub-recipient is resolved by management under the terms of the Sub- Grant Agreement. ATTACHMENT K EHP GUMELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION(EHP)COMPLIANCE GUIDELINES The following types of projects are to be submitted to FENIA for compliance review under Federal environmental planning and historic preservation(EHP) laws and requirements prior to initiation of the project: 51 Packet Pg. 252 C.9.b New Construction, Installation and Renovation, including but not limited to; Emergency Operation Centers Security Guard facilities Equipment buildings (such as those accompanying communication towers) Waterside Structures(such as dock houses, piers, etc.) • Placing a repeater andior other equipment on an existing tower • Renovation of and modification to buildings and structures that are 50 years eld or older • Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security • Physical Security Enhancements, including but not limited to: Lighting Fencing Closed-circuit television (CCTV)systems Motion detection systems Barriers,doors, gates and related security enhancements 00 In addition, the erection of communications towers that are included in a jurisdiction's interoperablo communications plan is allowed, subject to all appficabie laws, regulations,and licensing provisions..Communication tower projects LL must be submitted to FEMA for EHP review, EHP DETERMINATION PROCESS I. Submit the Final Screening Memo to the SAA for review prior to funds being expended. Il. The SAA will review and notihr the Sub-Recipient of its decision. The grantee should incorporate sufficient LL time and resources into the project planning process to accommodate EHP requirements. 2 APPROVAL PROCESS TO FEMA i. Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements, II, The Final Screening Ntemo should be attached to all project information sent to the Grant Programs Directorate(GPD)for an EHP regulatory compliance review. III. Complete the attached National Environmental Policy Act(NEPA)Compliance checklist. IV. Prepare maps indicating the locatien(s)of proposed project(Guidance provided). V. Take photographs of the location(s)of proposed project(Guidance provided) VI. Forward all documents to the SAA. All documents are then forwarded to GPD electronically via the 00 Centralized Scheduling and Information Desk(CS ID)at asKcsidCcDdhs,gov. VIL CSfD will send an email confirming receipt of the project description. Vlll, FERIA 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 FENIA APPROVAL 15 RECEfVED, Grantee should incorporate sufficient time and resources into the project piannrng process to accommodate EHP requirements. Grantees must receive written approval from FEMA prior to the use ofgrant funds for project implementation. 52 Packet Pg. 253 I C.9.b I ATTACHMENT L REIMBURSEMENT CHECKLIST PLANNING I. Goes the amount billed by consultant add up correctly? 2, Has all appropriate documentation to denote hours worked been properly signed? 0 3. Have copies of all planning materials and work product (e,g, meeting documents, copies of plans) been included? (Note - if a meeting was held by Sub-Recipient or con tractoricarsultant of Sub- Recipient, an agenda and signup sheets with meeting date must be included). 4. Has the invoice from consultant/contractor been included? (Note grant agreement must be referenced on the Invoice.) 5. Has proof of payment been included? 00 Canceled check Electronic Funds Transfer(EFT)Confirmation LL Credit Card Statement&payment to credit card company for that statement cis 6. Has Attachment G (found within Agreement with FQEfvI) been completed for this con tractor/consultant and included in the reimbursement package? 7. Has proof of purchase methodology been included? Please see ,worm 5 of Reporting Forms or LL Purchasing Basics Attachment if further clarity is needed Sole Source(approved by Fi for purchases exceeding $26,000) 2 *Ven dor//Nl a nufactu re r Justification letter is required State Contract(page showing contract#, price list) Competitive bid results x Consultant -tractorsNote: this applies to contractors also billed under Or anizatfon TRAINING I Is the course Di approved? cis 2. Is there a course or catalog number?If not, has FE)i approved the non-DHS training? 00 cv 3, Have Sign-In Sheets, Rosters and Agenda been provided? 4. If billing for overtime andlor backfill, has documentation been provided that lists attendee names, department, #of hours spent at training, hourly rate and total amount paid to each attendee? _Have documentation from entity's financial system been provided as proof attendees were paid? For backfill, has a clear delineation/cress reference been provided showing who was backfiiling 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. Have any expenditures occurred in support of the training such as printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment? If so, receipts and proof of payment must be submitted. Canceled check Electronic Funds Transfer(EFT)Confrmation 53 i Packet Pg. 254 j i C.9.b I 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 FDENI for purchases exceeding $25,000)"Vendor /Manufacturer justification letter is required State Contract(page showing contract#, price list) Competitive bid results EXERCISE _ 1. Has documentation been provided on the purposeiobjectives of the exercise? Situation {Manual Exercise Plan ❑ 2, If exercise has been conducted are the following included: After-action report Sign-in sheets 00 Agenda Rosters LL 3. If billing for overtime and backfiil, has a spreadsheet been provided that fists attendee names, department, #of hours spent at exercise, hourfy rate and total paid to each attendee? 2 Have documentation from entity's financial system been provided to prove attendees were paid? _ For backf+ll, has a clear delineationlcross reference: boon provided showing who was ®I backfifling who? 2 ❑ 4. Have the names or 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(EFL")Confirmation Credit Card Statement& payment to credit card company for that statement ❑ 6. Have any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc,? If so, receipts and proof of payment roust be included. 00 Canceled check CD cv 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, Sale Source (approved by FDEM for purchases exceeding $25,000)*VendorWanufacturer justification letter is required State Contract(page showing contract#,price list) Competitive bid results EQUIPMENT I. Have all invoices been included? ❑ 2. Has an AEL #been identified for each purchase? �❑ 3. If service/warranty expenses are listed, are they only for the performance period of the gran(? ❑ 4. Has proof of payment been included? 54 I Packet Pg. 255 C.9.b 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, Sale Source (approved by FDEM for purchases exceeding $$25,000)"Vendor /Iblanufacturerjustification letter is requ#red State Contract(page showing contract#, price list) Competitive bid results TPA VEL/CONFE'RENCES r- t 1. Have all receipts been turned in, itemized and do the dates on the receipts match travel dates? �I Airplane receipts Proof of mileage(Google or Yahoo map printout or mileage log) Toll and/or Parking receipts 00 Hotel receipts(is there a zero balance?) Car rent@!receipts Registration fee receipts Notes 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? 2 3. Has proof of payment to traveler been included? l Canceled check Electronic Funds Transfer(EFT) Confirmation 2 Credit Card Statement&payment to credit card company for that statement Copy of paycheck if reimbursed through payroll MATCHING FUNDS 1. Contributions are from Non Federal funding sources identified? 2 Contributions are from cash or it-kind contrfbutiors which may include training investments. r1 3. Contributions are not from salary, overtime or other operational costs unrelated to training. SALARY POSITIONS 00 1. Has a signed timesheet by employee and supervisor included? cCD y 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? ORGANIZA T1ON 1, Ir billing for overtime and backfiil, has a spreadsheet been provided that fists attendee names, department, #of hours spent a(exeroise, hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? For backfill, has a clear deJrealien/cross reference been provided showing who was backfilling who? 55 i i Packet Pg. 256 i 1 i C.9.b FOR ALL REIMBURSEMENTS- THE FINAL CHECK 1, Have all relevant forms been completed and included with each request for reimbursement? 2. Have the costs incurred been charged to the appropriate POSTE category? 3. Does the total on ali Forms submitted match? 4, Has Reimbursement Form been signed by the Grant Manager and Financial Officer? 5. Has the reimbursement package been entered into Sub-Recipients records/spreadsheet? 6. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? ❑ 7. If this purchase was made via Sole Source, have you included the approved Sole Source documentation and justification? M CD [� 8. Do all of your vendors have a current W-9(Tax Payer Identification)on file? 00 LL Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure < compliance with applicable federal and state rules and regulations, LL I 2 X 00 T_ cv C 0 56 j i I Packet Pg. 257 j C.9.b AGENDA ITEM SUMMARY FORM " File ID: #5120 Date: 11/20/2018 Requesting Department: Department of Fire- Rescue Commission Meeting date: 01/10/2019 Sponsored By: 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 2018"; appropriating funds in the amount.of 00 $5,700,000.00 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 M the UASI Project administered by the City of Miami Department of Fire-Rescue. Back-ground„of Item: The United States Department of Homeland Security, through the State of Florida 2 Division of Emergency Management (DEM), has sub-granted the Urban Area Security Initiative ("UASI") Grant Program FY 2018 to the City of Miami and its contiguous partners in the amount of $5,700,000.00. This program targets homeland security funding to "high threat" urban areas in order to prevent, respond to, and recover from 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 equipment, to conduct exercises, training and administrative services, and for the 00 development of the Urban Area Homeland Security Strategy, and other planning activities, needed to ensure a successful program. 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 Emergency Management ("BEMA"), Broward County Sheriff's Office ("BSO"), 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 Emergency Management, 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 2018 which is administered by the City of Miami Department of Fire-Rescue, Budget Impact Analysis Packet Pg. 258 C.9.b i Item is NOT funded by Bonds Item is Related to Revenue Item is an Expenditure Total Fiscal Impact: 5,700,000,00 Start Up Capital Cost:$5,700,000.00 Special Revenue ,. .. Accntant..No: 9 9 1 O,Q,;'i89000.4310QQ 0000 00000 Reviewed Ry Department of Fire-Rescue Ty McGann Fire Department Review Completed 11/21/2018 7:49AM Department of Fire-Rescue Johnny Duran Fire Budget Review Completed 12/07/2016 4:3$AM Department of Fire-Rescue Eloy Garcia Fire Chief Review Completed 1 2/07/201 6 6:�9AM Office of Management and Budget Pedro Lacret Budget Analyst Review Completed 12/07/2018 3:09 PM Office of Management and Budget Christopher M Rose Budget Review Completed 12/2412018 8:50AM Legislative Division Valentin J Alvarez Legisfative Division Review Completed 12/24/2018 8,54 AM � City Manager's Office Nikolas Pascual City Manager Review Completed 12/24/2018 9:48 AM Office of the City Attorney Juan Carlos Perez ACA Review Completed 12/24/2018 10:69AM oo Office of the City Attorney Bamaby L, Min Deputy City Attorney Review Completed 1 2/24/201 8 1 1:10 AM Office of the City Attorney Victoria M6ndez Approved Form and Correctness Completed 12/26/2018 4:29 PM City Commission Maricarmen Lopez Meeting Completed 01/10/2019 9:00 AM I X 00 cv Packet Pg. 259 1 i C.9.b Pity of Miami City Hall 3500 Pan American Drive Legislation Mlami FL 33133 www.mi amigov.com Resolution: R-19-0025 File Number. 5120 Final Action Date: 1/10/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2018" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $5,700,000.00 CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ("USDHS") 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 AND ALL NECESSARY DOCUMENTS, IN A00 Ir- FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE CITY Us MANAGER TO EXTEND SAID UASI GRANT PROGRAM (FISCAL YEAR 2018) AS NECESSARY AND TO EXECUTE ANY AND ALL OTHER RELATED D MODIFICATIONS, AMENDMENTS, OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AUTHORIZING THE EXPENDITURE i 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) ("MOA'S"), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH CONTIGUOUS PARTNERS SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF FIRE-RESCUE CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. 00 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 largo urban areas and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the USDHS through the State of Florida Division of Emergency Management has sub-granted an Urban Area Security Initiative ("UASI") Grant Project Fiscal Year 2018 to the City of Miami ("City") in the amount of$5,700,000.00; 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 WHEREAS, in accordance with the UASI Grant Program Fiscal Year 2018, the attached City of Miami Page 1 of 3 File ID: 5120 (Revisiom)Printed On:111812019 Packet P . 260 i C.9.b File ID: 5120 Enactment Number: R-10.0025 Memoranda of Agreements ("MOAs") with the City's contiguous partners including Broward County Emergency Management, 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 Emergency Management, Palm Beach County Sheriff's Office, and the Village of Key Biscayne will provide the necessary guidelines to coordinate the UASI Grant Program FY 2018 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. 00 Section 2. The following new Special Revenue Project is established and resources are appropriated as described below: FUND TITLE: UASI Grant Program Fiscal Year 2018 RESOUCES: USDHS directly to the State of Florida $5,700,000.00 Division of Emergency Management i APPROPRIATIONS: $5,700,000.00 Section 3. The City Manager is authorized' to accept said grant award and to execute any and all necessary documents, in a form acceptable to the City Attorney, to implement acceptance of said grant award. Section 4. The City Manager is further authorized to extend said UASI Grant Program (Fiscal Year 2018) grant awards as necessary and to execute any and all other related _ modifications, amendments, or extensions 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 the00 funding of the UASI projects being secured in the form of grants from the Federal Department cv through the Florida Division of Emergency Management and in a form acceptable to the City Attorney. Section 5. The City Manager is authorized (1) to execute MOAs, in substantially the attached form(s), with contiguous partners including Broward County Emergency Management, 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 Emergency Management, 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 Fiscal Year 2018 administered by the City's Department of Fire-Rescue, an UASI 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, i City of Miami Page 2 of 3 Pile 1D:5120 (Revision:)Printed on:111812019 i Packet Pg. 261 i i C.9.b File 1D: 5120 Enactment Number:R-19.0025 sponsoring agency, contingent upon funding of said project being secured. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: i ria dex, i y ttor ey 1212612C198 00 tis I 2 x r!5 00 cv 2 If the mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. if the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID:5120 (Revision:)Printed on:111812019 1 Packet Pg. 262 ; CJ5 } \ k 7 \ o 2 0 � g rn 0 2 @ \ / � 3 R ° i § 9 ) 2 § rD / � � \ \ \ \ k — » 7 - i 00 ELL & \ Mrrl ° 7 / \ M R ƒ � k @ m \ 2 � § / 00 / R / � 5 m / Packet Pg. 26 3 v � m N U ai a O O O O O O O O O O O o d 00 00 O O N 00 O M O O O O a. 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