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Item C20Meeting Date: April 18, 2012 Division: Emergency Services Bulk Item: Yes X No — Department: Emergency Management Staff Contact Person/Phone # Jose Tezanos / 305-289-6325 AGENDA ITEM WORDING: Approval of Modification #6 to reinstate and extend expiration to June 30, 2012 of Memorandum of Agreement with the City of Miami concerning a United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida Division of Emergency Management (DEM) sub -grant Agreement # 09DS-24-11-23-02-011, no county funding required, in the amount of $336,998.00, and authorization for the County Administrator to execute any other required documentation in relation to the application process. ITEM BACKGROUND: The United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida Division of Emergency Management (DEM), has subgranted the Urban Area Security Initiative (UASI) Grant Program, FY 2007, to the City of Miami, it's contiguous counties, Miami -Dade and Monroe, the City of Hialeah, and the Florida Department of Health, in the amount of $11,620,600.00. 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 $336,998.00 and it breaks down as follows; MCSO $168,499.00, and MCEM $168,499.00. PREVIOUS RELEVANT BOARD ACTION: On October 15, 2008 the Board approved a Memorandum of Agreement with the City of Miami concerning an United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida Division of Emergency Management (DEM) sub -grant (Agreement # 09DS-24-11-23-02-011) in the amount of $336,998.00, and authorization for the County Administrator to execute and other required documentation in relation to the application process. On September 21, 2011 the Board approved Modification to reinstate and extension of grant expiration from April 30, 2010 to December 30, 2011. CONTRACT/AGREEMENT CHANGES: Reinstatement and extension of grant expiration from December 30, 2011 to June 30, 2012. STAFF RECOMMENDATIONS: Approval DIFFERENTIAL OF LOCALPREFERENCE: COST TO COUNTY: $ 0.00 SOURCE OFF S: UASI Grant VENUE PRODUCING: Yes X No UNT PER MONTH Year ff APPROVED Y: County Atty X l'�` OB/Purc ing X Risk Management —X' DOCUMENTATION: Included X Not Required 1 '1 Revised 7/09 CONTRACT SUMMARY Contract with: City of Miami Contract #09DS 24-11-23-02-011 Effective Date: October 15, 2008 Expiration Date: June 30, 2012 Contract Purpose/Description: Approval of Modification #6 to reinstate and extend expiration of Memorandum of Agreement with the City of Miami concerning a United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida Division of Emergency Management (DEM) sub -grant Agreement # 09DS-24-11-23-02-011, no count funding required, in the amount of $336,998.00, and authorization for the County Administrator to execute any other required documentation in relation to the application process. Contract Manager: Jose Tezanos 6325 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Aril 18, 2012 Agenda Deadline: A ri13, 2012 CONTRACT COSTS Total Dollar Value of Contract: $ 336,998.00 Current Year Portion: $ 336,998.00 Budgeted? Yes❑ No ® Account Codes: GE-0922-530340-13524-530490 Grant: $ 336,998.00 - - - - County Match: $ 0 - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance. CONTRACT REVIEW R Changes Date Out Date In Needed Rviewe Division Director ✓ - -T Yes❑ No {<_ Risk ManageTent Yes❑ No r a_. j O.M.B./Pur acing � Yes❑ Noo qfAfj Count Attome y y Yes❑ Noff Comments: Contract Number: 09DS-24-11-23-02-011 CFDA Number: 97.067 "MEMORANDUM OF AGREEMENT - Modification #6" URBAN AREA SECURITY INITIATIVE GRANT PROGRAM 2007 This Modification is made and entered into by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency"), and Monroe County, (the "Participating Agency') to reinstate and to modify the Sponsoring Agency's Memorandum of Agreement for the Urban Area Security Initiative ("UASI") Grant Program 2007, (the "Agreement'), Contract Number 09DS-24-11- 23-02-011. WHEREAS, the Sponsoring Agency and the Participating Agency have entered into the Agreement, pursuant to which the Sponsoring Agency has provided sub -grants to the Participating Agency; and WHEREAS, the Agreement expired on December 301h, 2011; and WHEREAS, the Sponsoring Agency and the Participating Agency desire to reinstate and modify the Agreement by extending it. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated as though it had not expired. 2. Section Vill, Paragraph G, Period of Agreement, is hereby amended to have an expiration date of June 301h, 2012 3. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 4. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. RECIPIENT: Monroe County BY: NAME & TITLE: DATE: SPONSORING AGENCY: City of Miami BY: NAME & TITLE: Johnny Martinez, City Manager DATE: "MEMORANDUM OF AGREEMENT - Modification #1 "- Monroe County URBAN AREA SECURITY INITIATIVE GRANT PROGRAM 2007 APPROVED AS TO INSURANCE REQUIREMENTS: %-Q� nuff-giEfim ElvdMIA Priscilla A. Thompson City Clerk Contract Number 09DS-24-11-23-02-011 CFDA Number: 97.067 3��7�:T_1��TE31P► � � : _ ►��isTe7��Xi�'���i� THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Miami, (hereinafter referred to as the "Recipient'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin July 1, 2007 and shall end April 30, 2010, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Division designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times 2 to the Division, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. J (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. ,.Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:o0 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department and/or the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization. as defined In OMB Circular A-133, as revised, and in the event that the Reciplent expends $600,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provislons of OMB Circular A-133, as revised. EXHIBIT Ito this Agreement Indicates Federal resources awarded through the Division by this Agreement. in determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance wlth the guidelines established by OMB Circular A-133, as revised. An audit of the Reclpient conducted by the Auditor General In accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages'for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directl to each of the following: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 an electronic copy shall also be submitted to aurilla.parrish@dca.state,fl.us and Division of Emergency Management Bureau of Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) bnd (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101h Street Jeffersonville, IN 47132 Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 an electronic copy shall also be submitted to au rill a.parrish@dca.state.fWs and Division of Emergency Management Bureau of Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department and the Division pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statules, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) in the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department or the Division has notified the Recipient of such non-compliance. Q) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department and the Division no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the 5 expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted 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 upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work, Attachment A. (e) The Recipient shall provide such additional program updates, reports or information • aJ The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any _J Inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined In Section 768.28, Fla. gat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms - of this agreement, and shall hold the Division harmless against all claims of whatever nature by third parties; arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it Is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result In claims or suits against the Division, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any 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. (10) DEFAULT. if any of the following events occur ("Events of Default"), all obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth In Paragraph (11), but the Division may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 19 (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or J is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with Incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipients failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination; The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph (13) herein; _ ..ri2te leaal or eQuitable action to enforce (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or d. requiring the Recipient to reimburse the Division for the amount of costs incurred for any Items determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under"this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pur:,uil of any one of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or'affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon thirty (30) days written notice. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat•, as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment.of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) in the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after 1j f the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Carolyn Washington, Community Assistance Consultant Division of Emergency Management Bureau of Response Grants Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1271 Fax: (850) 488-7842 Email: carolyn washin. tonem.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Joseph R. Fernandez City of Miami Department of Fire -Rescue 1151 NW 7v' Street, 3ed Floor Telephone: 305416-5414 Fax: 305400-5031 Email: Jrfernandez@miamigov.com e1�o�/ (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS m If the Recipient subcontracts any or all of the wQf required under this Agreement, a copy of the .., —h,.,,.,trar► mimt he forwarded to th Division for reviewkand_approval prior to execution of the subcontract by the Recipient. The Recipient a�r'eiss-to-incladein the subcontract that (i) the subcontractor is bound by the terms of i���s Agreement, (ii) the. subcontractor is bound by all applicable state and federal laws and regulations, and (III) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS . (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Justification of Advance Attachment D — Warranties and Representations Attachment E — Certification Regarding Debarment Attachment F — Assurances (17) FUNDING/CONSIDERATION l 1. (a) This is a cost -reimbursement Agreement, The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed 11,620,600 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.18106), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. 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 C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. ____X____ No advance payment is requested. 2. An advance payment of is requested- (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and Budgeting or the Federal office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report (18) _REPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs" and mailed directly to the Department at the following address: M Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 J In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay to the Division an additional service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the returned check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section-215.422, Fla. Stat., the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, Inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result In the Division paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516. (20) STANDARD 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 Recipient In this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in the Circuit Court of Leon County. if any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. 13 (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whale. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. I (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et se ), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (0 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of 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; 14 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment D) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Division prior to the Recipient entering into a contract with any prospective subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the legislature, and subject to any modification in accordance with Chapter 216. Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted In detail sufficient for a proper preaudit and postaudit thereof. 0) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat (k) The Division reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat:, and made or received by the Recipient in conjunction with this Agreement. (I) If the Recipient Is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. ) (rn) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the immigration and Nationality Act ('INK)b The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Sta ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meeting I s shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Stat. (0) Unless inconsistent with the public interest or unreasonable in cost, all unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. I Oa. (21) LOBBYING PROHIBITION I (a) No funds or other resources received from the Division in connection with this v in i-Ffluence leaislation or any other official action by Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or priated tundS have beerpmyurlu of the undersigned, 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 entering into of any cooperative agreement, and the extension, 16 continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be J 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 undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to rile the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) if the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. 17 (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-exlsting intellectual property which is so disclosed. Failure to disclose will indicate that . no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights M��� The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be -provided under this Agreement and that, if applicable, its governing body has bo resolution or otherwise, the execuUon and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES M.MMM= -1 . vtag-e-tt of Assurances incorporated as V IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as d u orized. undersigned officials f' a's as d q orlzed RECIPIENT: CITY 0 MI MI BY: Pedro r e ZG a�ndez� bile: G. r andez, City Manager Name and title. . rl�fa- 414% SAMAS # STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: Name and Title: W. Craig FucLate, Director Date: IN Urban Area Security Initiative ("UASI") Grant Program — FY 2007 & Memoranda of Agreements Vv Priscilla A. Thompson - City Clerk ................ Julie 0. Bru City Attorney Dow V "M I I I IT, W19 j 414 7 r lit .jr 104111,117MOIN r lit Iwo I IM EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: J NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) — C FDA #97.067 11,620,600 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1, Recipient is to use funding to perform the following eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, National Preparedness Directorate Fiscal Year 2007-08 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. 2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires • the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. for example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. w � � r Below is a gencral budget which onflincs eligible categories and theirallocation undcr this riwaid. The Recipient is to utilize tile "Proposed Pro.c,ranl Budget" as a guide Forcompleting the "Budget DeUki I Wiakshect" below. 41 No more train 5% or the totalaward may be expended on 4- No more than 25% or the totid award may be used to supporl select Operational Activities by the Recipient air([ written approval niust be provided by the State prior tothe use or any FY2007 UASI runds lbropciational letivilies. -4- At the discretion ofthe Recipient, fonds allocated to Management and Administration and/or Operational Activities (as described in the "Proposed program Budgef") may be put towards Programmatic costs instead. GrantIteeapa�nitAg 1J�ir�Lq� cye l(� Category � talouait o de Urban Area Security Initiative — Miami City of Miami Total Award $11,980,000 Urban Area — I5Sne G5 State Management and Administration withheld 5% $599,000 City of Miami Award (after 59® reduction) $11,391,000 City of Miami 3% of Management and Administration (3% of City's award). This amount is INCLUDED in $341,430 the City of Miami award amount of $11,381,000. State Management and Administration 2 pass- tivough (2% of original all cation) to the City f 239,600 Miami. This amount is IN ADDITION to the City of Miami 3 % MI & A allocation and ascard. f Total City of Mis►mi Allocation $ 1,620,600 Per FY07 Grant Guidance, no more than 5% of the total amount allocated to the State for programs within FY07 HSGP may be retained at the State level and used for Management and Administration purposes. These State M&A funds must be included when accounting for the total funds retained by the State. In addition, local jurisdiction sub -grantees may retain and use up to 3% of their sub -award from the State for local M&A purposes. States may pass through a portion of the State M&A allocation to local sub -grantees in order to supplement the 3% M&A allocation allowed on sub -grantees. However, no more than 5 % of the total sub - award may be expended by sub -grantees on M&A costs. &d, �Lf &+Z-, I warusheer Miami Urban Area - 2007 UASI Budget 1 R.. 4__+ Description of Project ''"'• Submittal Radios for Fire Police and EM in City: 50 radios 06CP-01-PORT $ 7,500 Emergency Deployable P25 suitcase repeaters 06CP-01-REPT $ $ 25,000 25,000 Interoperable Improvements: sustain existing systems 06CP-02- BRDG et al' Intero enable communications through P25 compliant radios 06CP-01-PORT $ 100,000 Mobile Data Terminals 174 forpolice) 04HW-01-MOBL 06CP-04-WADN $ $ 300,000 762730 MESH Intero enable Info Sharing Network 21 GN-00-CCEQ $ 40,000 Citizen CorpTraining, E ui ment and exercise PLANNING $ 100,000 Planning Coordinator NIMS Com liance training including backfill and overtime 21GN-00-TRNG $ 75,000 Sustain CCTV surveillances stem 13LE-00-SURV $ 10,1)00 CBRNE Trainin including backfill and OT _ 21 GN-00-TRNG 21 GN-00-TRNG $ $ '=�'10d.. 70r000 00 Technical Rescue Team Training and equipment Planning, Training and Exercises: instruction, materials and backfill 21 GN-00-TRNG $ _ 1121. 000 overtime Communications equipment for Special Ops 06CP-01-HFRQ $ •.� 13; et al Portable Radio Voice Channel Announcement: software, template and 06CP-01-PORT '�,$ == 15,000 image Portable radios 500 Satellite Phones for City's Critical Infrastructure: 8 additional 06CC-03-SATB $�� 2p,000 Fixed hones in total for city-wide emergency op erations, to include service. 06CC-03-BATH $ '-11 Sustain Mobile Satellite Phones City-wide Blackberry Build out, Maintenance & Sustainment 04HW-01-MOBL $ 65,000 or 06CC-02- 2WAY 2WAY Emergency Reserve Portable Radio Cache and Accessories 1-PORT $ 201,163 Printed materials for public education 21GN-00-CCEQ 09ME-01-ADMN $ $ 6,510 20,000 City of Miami UASI Travel OR PLANNING Maintain Cityof Miami CERT program Management Planner (14 months) includes city 21GN-00-CCEQ PLANNING $ $ 25,000 202,333 Miami Deputy Emergency indirect costs UASI Miami Management and Administration M&A $ $ 359,400 510,807 Cit wide CCTV Security Enhancement to include 13LE-00-SURV 05NP-00-SEIM $ 70,000 Fire Stations/Locations Physical perimeter securityand video monitoring Fire Prevention Bureau Laptops: 30 laptops, 30 printers, 30 cameras 04HW-01-NTBK $ 75,000 Fire Station/Locations Communication Equipment Hardening (14 14SW-01-SNSR $ 100,000 et al locations Two Uninterrupted Power Sources (UPS) for two off -site Police EOCs 10PE-00-UPS $ 111,123 Fire Stations/Locations Emergency Generators: generators, design, 10GE-00-GENR $ 125,000 ermittin installation and maintenance NIMS and CBRNE Specialized Training: overtime and instructor and $ 200,000 e ui ment costsMobile Command Unit Build out technology enhancements and EE $ 5,000 maintenance Portable Emergency Operations Communications Center 21GN-00-OCEQ $ 6,042 Emergency Management Program Sustainment & Enhancement: PT&E 09ME-01-ADMN $ 110,000 ..... Mmli— mninhin r..FMP FMA standards Description of Project City Emergency Operation Center (EOC) Facility Enhancement to include video displays, cameras, sound system, furniture; PC replacement, conferencing device etc AEL No. 21 GN-00-OCEQ Budget Submittal $ 350,000 SCBA Air Fill Station @ Training Center O'IAR-01-SCBA $ 15,000 Maintenance supplies for Rad Readers 07RD-01-PDGA $ 1,100 CBRNE Decontamination Program for Personal Protective Clothing: commercial extractors and decors for bunker gear, etc 08D2-03-TDEW $ 60,000 Maintain & Sustain CBRNE Antidotes and ongoing replacement due to expirations 09PH-05-NAAK $ 66,000 CBRNE Compliant SCBA - 260 units 01AR-01-SCBA $ 200,000 Night Vision Imaging for Helicopter 18AC-00-ACUP $ 10,000 Helicopter Mapping Technology '18AC-00-ACFT $ 11,660 Portable Light Towers 4 030E-03-LTPA $ 14,322 Maintain and Sustain CBRNE Equipment VARIOUS $ 60,000 Night Vision Equipment for Special O s 030E-02-TILA $ 130,130 AVL Enhancement: Global positioning system for 140 field units 04AP-02-DGPS $ 5,000 Portable Live Fire Car Trainer 21GN-00-TRNG $ 90,000 CBRNE Training 21GN-00-TRNG $ 20,000 Emergency Response Training for 1st Responders through University of Miami 21 GN-00-TRNG $ 70,000 AM Radio Emergency Alert Sustainment & Build out: add'[ transmitter site, maintenance recurring fees phone service 04AP-09-ALRT $ 30,000 Portable Emergency Traffic Control Devices Previously Approved but Ho AEL $ 80,000 MIR3 Maintainance and Support 04AP-09-ALRT $ 38,814 Exercise Training Workshop 21GN-00-TRNG $ 30,000 RDSTF Support PLANNING $ 200,000 Plan Development Incl. NIMS compliance) PLANNING $ 100,000 Traingino Coordination TRAINING $ 70,000 ICS Training 300 400 IMT, Section Ch. TRAINING $ 200,000 Assessments PLANNING $ 10,000 CERT training and expansion 21GN-00-TRNG $ 20,000 Exercise Support EXERCISING $ 300,000 Portable Emergency Shelters 75 to include sleeping & sanitation 19SS-00-SHEL $ 100,000 Emergency Fuel Vehicles deployable fuel tankers 12VE-00-SPEC $ 129,186 Homeland Security & Terrorism Awareness 21GN-00-TRNG $ 190,396 Evidence Collection & Storage Platform 12VE-00-MISS, 030E-01-BGEV $ 155,600 Chemical Identification Equipment 07CO-01-FTIR $ 48,000 CBRNE Robotix Capabilities for confined areas)_030E-07-ROBT $ 200,000 Homeland Security Command & Control 12VE-00-CMDV $ 1,020,010 Flood Rescue Equipment: equip and train USARIFL-TF1 to swiftwater flood rescue level 21GN-00-TRNG $ 100,000 Integration of CBRNE Capabilities for JHR Teams PLANNING $ 325,000 Rescue Operations Training (2,000 units 21GN-00-TRNG $ 352,996 Upgrade Remote F6 Robot 030E-07-UPGD $ 150,000 Mobile Foam Delivery Trailer 12TR-00-TEQP $ 150,000 USAR Collapse/Rescue Trailer for FL-TFf equipment 12TR-00-TEQP 1 $ 300,000 Is J'. M INinmi tlrhan Area - 2007 UASI Budget Description of Project All Terrain Forklift for FL-TF1 Florida Task Force 1 Video Rescue Throw Phone AEL No. 19MH-00-BULK 06CC-01-CELL (previously approved) Budget Submittal $ 70,000 $ 7,000 Re 01AR-02-APR $ f 88,160 -breathers Special response unit to hold WMD response equipment, lighting and 12TR-00-TEQP $ 125,620 technical rescue equipment & medical cache Personal Protective Equipment PPEs for all police & Fire personnel 01EM-02-GARM $ 26,540 First responder formalized training - simulated patient training monitor 21GN-00-TRNG $ 30,360 SimMan for all police and fire personnel Public Works - Water & Wastewater Utility Control Room Security 14SW-01-SNSR $ 47,000 Police - Regional Investigative Capabilities 131T-00-SGNT $ 55,000 $ 13,530 Generator for Logistic Base for First Responder Supplies and 10GE-00-GENR Distribution Public Works - Water Tanks Perimeter Fence SecuritySystem 14SW-01-WALL $ 99,900 Fire - Fire Training: Training costs for FL USAR members to certify in 21GN-00-TRNG $ 121,560 collapse rescue VMR & confined space and trench rescue 09ME-01-ADMN $ 556,800 Sustain UASI Regional Project Planning Regional USAR Training: to sustain training funded in 2006 for 2 USAR task 21GN-00-TRNG $ 250,000 forces TF1 and TF 2 • overtime costs Sustain Regional HazMat Training to sustain training for 160 HazMat 21GN-00-TRNG $ 356,000 training courses for Region 7 instructor and materials). Scalable Tent (All Hazards) for Surge Capacity and Alternate Medical 09ME-01-SHEL $ 35,200 Treatment Sites Broadband Mobile Data Center to maintain communications 04HW-01-MOBL $ 168,499 Monroe County Sheriffs Office Communications Project to include 04HW-01-DTOP . $ 168,499 message boards, fixed computer system with external antenna; generator fuel tank $ 11,620,599' Total M I 'rhe Recipient is required to provide a completed budget detail workshect, to the Division, which accounts for the total award rOr Issue 65 as described in the "Proposed Program BUdgd". IF any changes need to be made to the "Budget Delall Workslicel", Liner the execution of this contract, contact the contract manager listed in Illis ----f --;l — We — Public Education/Outreach Develop aid implement homeland Security support programs and adopt DIIS national initiatives Develop -,aid enhance plans and protocols Develop or c1ondUCt8SSCSSJ11CatS Establish, enhance, or evaluate Citizen Corps-relited volunteer programs Hiring of rull or part-time staff or contractors/consultarils to assist with planning activilies (not for the purpose of hiring public safety personnel fulfillink tradifloruil public safety duties) Conferences to facililale planning activities Materials required to conduct planaing activities Travel/per them related to planning activities Overtime and backfill costs — Payment of overtime expenses will be for work performed by award (SAA) or sub -award employees in excess of die established work week (usually 40 hours) related to die planning activities for the development and implementation of die programs under HSGP. Oth,r projects areas with prior approval from G&T —t;Nw" Overtime for information, investigative, and intelligence sharing activitic Reimbursement of select operational expenses associated with increased security measures at critical infrastructure sites, incurred during time periods of DHS- declared Code Orange or Yellow (limited to 101/6) or Code Orange (limited o die remainingi 59/0). Funds may only be used in die following authorized categories: Backfill and overtime expenses for staffing stale or local EOCs Hiring of contracted security for critical infrastructure sites Public safety overtime National Guard deployments to protect critical infrastructure sites Increased border security activities in coordination with CBP. Hiring of contractors/consultants for participation in informationlintelligeric analysis and sharing groups or intelligence fusion center activities Overtime and backfill funding for emergency preparedness and response personnel attending G&T-sponsored and approved training classes. Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in training. UASI funds may also be used for training citizens in awareness, prevention, protection, response and recovc_ �kills 0 Training Worltshops and Conferences -. Full or Part -Time Staff or Contractors/Consultants Travel -,I Supplies Other items A complete list of G&T approved Courses May be found at www_oiV,u5doi.LovLo p/docs/TCD Course Coialog2907.odf Exercise Planning Workshop - Grant funds may be used to plun and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part -Time Staff or Conlractors/Cousultants - 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 die state or local unit(s) of government and have the approval of the state or die awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support die design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. Overtime and backfill costs — Overtime and backfill costs associated with the design, development and conduct of CBRNE exercises are allowable expenses. Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in G&T exercises. Travel -Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to www.ojp.usdoLAQv/flnguidc06 Supplies - Supplies are items that are expended or consumed during die course of the planning and conduct of the exercise projects) (e.g., copying paper, gloves, tape, non -sterile masks, and disposable protective equipment). Other Items - These costs include the rental of space/tocations for exercise planning and conduct, exercise signs, badges, etc. Explosive device mitigation and remediatibn equipment 23 CBRNE operational search and rescue equipment hifornintion technology Cyber security enhancement equipment Interolicrable communications equipment Detection Equipment Decontamination Equipntcnt Medical supplies and Limited phamracculicnis 110war equipment CDRNE reference materials CBRNE incident response vehicles Terrorism incident prevention equipment Physical security enhancement equipment Inspection and Screening systems Agricuiture Terrorism Prevention, Response, and Mitigation Equipment CBRNE Response, watercraft RNE Aviation Equipment CBRNE logistical support equipment Intervention equipment Other authorized'equipment'casts.(includp.aii'y,construction or renovation costs in this category; Written approval must be provided by T riar to the use of an FX2®07: ASI`fiinds fae.c®ristruction or renovation PersQet r a! r F; s t ! Up to 15% of programmatic spending maybe used to support the hiring of full or part-time staff to conduct eligible programmatic activities 24 Eli tbtc Ana<�emeq . ptt�z,�l�;mtnistr'ri�iot�Costs , , • ;„ 6 Hiring of full -lime or part-time staff or contractors/cousulintits: o To assist with the management of FY07 IISGP. o To assist with design, requirements, and implementation of FY07 IISGP. a To assist with the hllplenentato❑ and administration of tie State homeland Security Strategy, its it may relate to die individual grant program. Iliring of full-Ihnc.m° part-time staff or contractors/consultants and expenses related to: o IISGP application submission management activities and application requirements. o Meeting compliance with reporting/data collection requirements, including data calls. Development of operating plans for Information collection and processing necessary to respond to DIIS/G&T data calls. Overtime and backfill costs — Payment of overtime expenses will be for work performed by award (SAA) or sub-nward employees in excess of the established work week (usually 40 hours) related to tie M&A activities for the development and implementation of the programs under IISGP. These costs are allowed only to tale extent the payment for such services is in accordance with the policies of the state or local unit(s) of 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 n unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation acid Unemployment Compensation. Travelexpenses Meeting -related expenses (For a complete list of allowable meeting -related expenses, please review the OJP Financial (bride at www.o1P.usdp1,gov/frngu1deL6b. Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. The following are allowable only within the contract period: o Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. o Leasing and/or renting of space for newly hired personnel to administer programs within FY07 UASL gg u, t {� ri.. 'drti �^ �.%� 19,�`¢. k� � ki�n+l+g ���7d '�Y` I�°t I' �.�- ' Y � ��'^ �. ,t} �,.1 ,c11.�.. r�c7 d,�t Hat�C'cai7 - w t9d'���c K`�'s{" x } f'y s''�m ' �,t's•Yii:'�. _ . 1�;,i.<', prsyi try' �yyy'.. ..���v $ 1`t ��yLL; 3 '[w a�.. rSY k. " _!�i'ifi} 1 n bra.. IS:vSY�I! h •Y.tattt Y.�i 6�$ __�F.... ,°�piy t� L�y"A ,H ._9�iK r s,��L e,�dH'���k.:i? . •` ai- do �.+isr�r•,i f ,;�i( �:�i�r ��tine?'_c�i�::& .. <<1.. `� r yl ,r' 'J � �tD¢ , gyl're'i4.'�t�'_,.� ''�•r7., M, e .JI Y�� .i 25 Scope of Work Funding is provided to perform eligible activities as identified in the Domestic Homeland Security — Federal Emergency Management National Preparedness Directorate Fiscal Year 2007 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy and the Urban Area Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Categories and Eligible Activities Issue 65. Urban Area Security initiative FY2007 UASI, Issue 65 allowable costs are divided into the following categories: planning, training, exercises and equipment acquisition. in addition, management and administration costs are also allowable, as are certain operational costs. Each category's allowable costs have been listed in more detail in the "Budget Detail Worksheet" above. A. Planning Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: ® Implementing the National Preparedness Goal and Guidance ® Implementing and adopting NIMS o Modifying existing incident management and Emergency Operating Procedures (EOPs) to ensure proper alignment with the NRP coordinating structures, processes, and protocols ® Establishing or enhancing mutual aid agreements ® Developing communications and interoperability protocols and solutions ® Conducting local, regional, and tribal program implementation meetings o Developing or updating resource inventory assets in accordance to typed resource definitions issued by the National Integration Center (NIC) o Designing state and local geospatial data systems • Conducting public education and outreach campaigns, including promoting individual, family and business emergency preparedness; alerts and warnings education; and evacuation plans as well as IED or bombing prevention awareness Developing related terrorism prevention activities including but not limited to the following: • Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center • Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery ® Multi -discipline preparation across first responder community, including EMS for response to catastrophic events and acts of terrorism ® Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils ® Citizen Corps. volunteer programs and other activities to strengthen citizen participation 26 • Conducting public education campaigns, including promoting individual, family and business emergency preparedness; promoting the Ready campaign; and/or creating State, regional or local emergency preparedness efforts that build upon the Ready campaign • EvaluatingSIP security equipment and/or personnel requirements to protect and secure sites • CIP cost assessments, including resources (e.g., financial, personnel) required for security enhancements/deployments • Multi -Jurisdiction Bombing Prevention Plans (MJBPP) • Underwater Terrorist Protection Plans Developing related critical infrastructure terrorism prevention activities including: • Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery • Multi-d iscipIine preparation across first responder community, including EMS for response to catastrophic events and acts of terrorism • Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils • Citizen Corps volunteer programs and activities strengthen citizen p• articipation Evaluating CIP security equipment and/or personnel requirements to protect and secure sites • Conduct public education campaigns, including promoting individual, family and business emergency preparedness; promoting the Ready campaign; and/or creating State, regional or local emergency preparedness efforts that build on the Ready campaign • Evaluating CIP security equipment and or personnel requirements to protect and secure sites • Cost assessments, including resources (financial, personnel, etc.) required for security enhancements/deployments. Developing and enhancing plans and protocols, including but not limited to: • Developing or enhancing EOPs and operating procedures • Developing terrorism prevention/deterrence plans • Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies • Developing or enhancing border security plans • Developing or enhancing cyber security plans • Developing or enhancing cyber risk mitigation plans • Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans • Developing public/private sector partnership emergency response, assessment, and resource sharing plans • Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sector/non-governmental entities working to meet the humans service response and recovery needs of victims • Developing or updating local or regional communications plans 27 • Developing plans to support and assist special needs jurisdictions, such as port authorities and rail and mass transit agencies Developing or enhancing continuity of operations and continuity of government plans • Developing or enha ping existing catastrophic incident response and recovery plans to include and integrate federal assets provided under the NRP • Developing or enhancing evacuation plans • Developing or enhancing citizen surge capacity • Developing or enhancing plans for donations and volunteer management and the engage men t/integrat ion or private sect or/non-govemmentaI entities in preparedness, response and recovery activities ® Developing or enhancing Bombing Prevention Plans Developing or conducting assessments, including but not limited to: • Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans • Conducting cyber risk and vulnerability assessments • Conducting assessments and exercises of existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and state resources • Conduct bombing prevention capability analysis • Activities which directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e.g. law enforcement, fire; EMS, public health, behavioral heath, public works, agriculture, information technology, and citizen preparedness) • Activities which directly support the identification and advance preparation of pre - designated temporary housing sites Other eligible planning activities are listed in the "Budget Detail Worksheet" above. B. Operational Activities No more than 25% of the gross amount of the UASI award may be used for operational expenses and overtime costs for the operational activities noted below. These funds may be used for the following three (3) operational activities: States and local jurisdictions may use up to 25% of FY07 UASI funds to support select operational overtime costs associated with increased security measures at critical infrastructure sites in UASI jurisdictions during periods of heightened alert. 14L Of this amount, up to 10% of FY07 UASI funds may be used to support operational overtime costs incurred at Code Yellow or Orange that are associated with increased security measures at critical infrastructure sites in UASI jurisdictions. 4. The remaining 15% of FY07 UASI funds may be used to support operational overtime costs incurred only at Code Orange that are associated with increased security measures at critical infrastructure sites in UASI jurisdictions. W Grantees and sub -grantees may use UASI funds for select operational expenses associated with increased security measures at critical infrastructure sites, incurred during time periods of DHS-declared Code Orange or Yellow. Funds may only be used in the following authorized categories: -6L Backfill and overtime expenses for staffing state or local EOCs 4 Hiring of contracted security for critical infrastructure sites •b Public safety overtime -4� National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package (consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package) .1` Increased border security activities in coordination with CBP. Overtime costs are also allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security. This includes activities such as anti -terrorism task forces, Joint Terrorism Taskforces (JTTF), Area Maritime Security Committees (as required by the Maritime Transportation Security Act of 2002), and Terrorism Early Warning (TEW) groups. 3. Hiring of contractors/consultants for participation in information/intelligence sharing groups or intelligence fusion centers. 4. Critical Infrastructure Sites Local governments should generally consider critical infrastructure to include any system or asset that if attacked would result in catastrophic loss of life and/or catastrophic economic loss. In addition, protection for the following specific types of facilities should also be considered: -1;6 Protective security enhancements for large public gatherings/areas, such as New Year's Eve celebrations, sporting events and outdoor concerts Public water systems serving large population centers .46 Primary data storage and processing facilities, major stock exchanges and major banking centers -46 Chemical facilities located in close proximity to large population centers ,1t Major power generation facilities that exceed 2000MW and if successfully attacked would disrupt the regional electric grid 4 Hydroelectric facilities and dams that produce power in excess of 2000MW or could result in catastrophic loss of life if breached 4 Nuclear Power plants -1 Electric substations 500KV or larger, and substations 345KV or larger that are part of a critical system supporting populations in excess of one million people �L Rail and highway bridges over major waterways that, if destroyed, would cause catastrophic economic loss -.6 Major highway tunnels under waterways that if attacked would cause catastrophic loss of life or catastrophic economic impact Major natural gas transmission pipelines in excess of 3000 bcf throughput 4. Natural gas and liquid natural gas (LNG) storage facilities 29 -41 Major petroleum handling facilities such as pipelines, ports, refineries and terminals Major mass transit subway systems and the supporting ventilation systems 1. Telecommunications, internet, and cyber facilities Approval Process: In order for grantees to drawdown funds for operational activities, the grantee must provide the Division with: 4 The critical infrastructure site requiring additional security; 4 If an event will be taking place, the title of the event and the time period of the event; amount associated with the -1 A detailed budget and a tutal uJlar am additional security; Email the above information to the contract manager listed in this contract for review and approval. Note: Written approval must be provided by the State prior to the use of any FY2007 UASI funds for operational activities. C. Equipment Acquisition ' equipment acquisition FY2007 SHSP funds may be used for ion from the 21 equipment categories listed in the FY2007 Grants'& Training (G&T) Authorized Equipment List (AEL). The FY2007 AEL is available in its entirety online through the Responders Knowledge Base (RYB) at www.rkb.mipt.ort,. The equipment categories are outlined below and in the FY2007 SHSP Program Guidance. Authorized equipment includes the following: • Personal Protective Equipment • CBRNE incident Response Vehicles • Explosive Device Mitigation and Remediation Equipment • Terrorism Incident Prevention Equipment • CBRNE Operational and Search and Rescue Equipment • Physical Security Enhancement Equipment • Information Technology • Inspection and Screening Systems • Cyber Security Enhancement Equipment m4ign ion Equipment Agricultural Terrorism Prevention, Response and • Interoperable Communications Equipment CBRNE Prevention and Response Watercraft Detection Equipment • CBRNE Aviation Equipment • Decontamination Equipment • CBRNE Logistical Support Equipment • Medical Supplies and Limited Types of Pharmaceuticals • Intervention Equipment 30 • Power Equipment • CBRNE Reference Materials • Other Authorized Equipment D. Training Allowable training -related costs include: 1) establishment of CBRNE terrorism and cyber security training programs within existing training academies, universities or junior colleges; and 2) overtime and backfill costs associated with attendance at G&T- sponsored and G&T approved CBRNE and cyber security training courses. The target audience for training courses include emergency preparedness, prevention and response personnel, emergency managers and public/elected officials within the following disciplines: fire service, law enforcement, emergency management, emergency medical services, hazardous materials, public works, public health, health care, public safety communications, governmental administrative, cybta �,curity, and private security providers. In order to deliver these courses, state and local instructors must be certified to deliver the course by successfully completing G&T train -the -trainer course delivery. Detailed descriptions of G&T courses are included in the Training and Education Division Course Catalog at www oip usdoi aov/odp/docs/TED Course Cataloa2007.pdf E. Exercises Funds may be used to design, develop, conduct, and evaluate exercises that: • Provide homeland security preparedness personnel and volunteers a venue to practice prevention, protection, response, and recovery activities. • Evaluate prevention and response plans, policy, procedures, and protocols, including NIMS and NRP. • Assess the readiness of jurisdictions to prevent and respond to terrorist attacks. • Encourage Coordination with surrounding jurisdictions in prevention, protection, response, and recovery activities. • Implementation of HSEEP, including developing and maintaining aself-sustaining State Homeland Security Exercise and Evaluation Program that is modeled on the national HSEEP. Exercises conducted with G&T support (grant funds or direct support) must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes I-111 contain guidance and recommendations for designing, developing, conducting, and evaluating exercises. HSEEP Volumes 1-111 can be found at at DHS' website at https-.Hhseep.dhs.gov/. Volume 1V, which contains sample exercise materials and documents, can be found on ODP's Secure Portal at https:/Iodp.esportals.com or www.11is.gov. Exercise Scenarios. The scenarios used in SHSGP-funded exercises include catastrophic events, provided that they also build capabilities that relate to terrorism and based on the State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. Grantees that need further clarification on scenarios should consult with their State Exercise Manager for assistance and/or approval. Fifteen all -hazards National Planning Scenarios, including 12 terrorism scenarios, have been developed, and will be made available for use in national, federal, state, and local homeland security 31 preparedness activities (Sce IISPD-8; Natiaral Preparecllless on page 49). Citizen participation in exercises is encouraged to include backfilling non-professional tasks for first responders deployed on exercise, administrative and logistical assistance with exercise implementation, and providing simulated victims, press, and members of the public. Citizen participation in exercises should be coordinated with local Citizen Corps Council(s). If a state or urban area will be hosting an upcoming special event (e.g., Superbowl, G-8 Summit, etc.), or they anticipate that they will apply to be a venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or UASI funding to fund training and exercise activities in preparation for that event. All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and performance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State following every TTX, drill, FE, and FSE. AAR/lPs must be provided to the State within 30 days following completion of each exercise. F. Personnel Hiring, overtime and backfill expenses are allowable only to perform programmatic activities deemed allowable under existing guidance. Supplanting is not allowed. Up to 15% of programmatic spending may be used to support the hiring of full or part- time personnel to conduct program activities that are allowable under the entire FY2007 HHSGP (i.e., planning, training, program management, exercise program management, etc.) Grantees may request that DHS issue a waiver to increase that ceiling. Waiver decisions are at the discretion of DHS and will be considered on a case -by -case basis. The ceiling on personnel costs does not apply to contractors, and is in addition to eligible M & A costs and eligible hiring of intelligence analysts. Grantees may hire staff only for program management functions not operational duties. Hiring planners, training program coordinators, exercise managers, and grant administrators fall within the scope of allowable program management functions. Grant funds may not be used to support the hiring of sworn public safety officers Ito fulfill traditional public safety duties G. Management and Administration No more than 3% of each sub -recipient's total award may be expended on Management and Administration costs by the sub -recipients Hiring of full-time or part-time staff or con tractors/consultants• : To assist with the management of the FY2007 SHSGP • To assist with design, requirements and the implementation of the FY2007 SHSGP • To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY2007 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to: • Meeting compliance reporting/data collection requirements, including data calls • Development of operating plans for information collection and processing necessary to respond to DHS/ODP data calls Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance ofG&T—approved activities. Backfill Costs also called "Overtime as 32 I3ackfill" 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 G&T — approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full —Time Equivalent (FTEs) employees, These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation, Travel expenses rviceting-related expenses - For a complete list of allowable meeting -related expenses, please review the OJP Financial Guide at www.oip.usdoi.s,,ov/FinguideO6/. Acquisition of authorized office equipment, including: • Personal computers • Laptop computers • Printers • LCD projectors, and • Other equipment or software which may be required to support the implementation of the homeland security strategy The following are allowable only within the period of performance of the contract: • Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. • Leasing and/or renting of space for newly hired personnel to administer programs within the FY2007 SHSGP Unauthorized Expenditures • Expenditures for items such as general -use software (word processing, spreadsheet, graphics, etc.) • General -use computers and related equipment • General -use vehicles • Licensing fees • Weapons systems and ammunition • Management and Administration Costs (which include, but are not limited to, hiring of personnel, travel expenses, meeting expenses, and acquisition of office equipment or supplies) • Construction or renovation of facilities that would have been reasonably necessary due to non -terrorist threats • Activities unrelated to the completion and implementation of the SHSGP • Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs • Recurring Costs 33 if. Construction and Renovation Project construction and renovation not exceeding $1,000,000 is also allowable, as deemed necessary by the Office of G&T, tinder the FY2007 UASI. These program funds may be used for construction and renovation projects only when those projects specifically address enhanced security at critical irfi-astructure facilities. The following actions and improvements are considered to constitute construction or renovation: a Construction and/or renovation to guard facilities; ® Communications antennas; and, ® Any other construction or renovation efforts that change or expand the footprint of a facility or structure, including security enhancements to improve perimeter security. Approval Process In order for grantees to drawdown funds for construction and renovation costs, the grantee must provide the Division with: 4 A description of the asset or facility, asset location, whether the infrastructure is publicly or privately owned, and the construction or renovation project; 4 Certification that a facility vulnerability assessment has been conducted for the facility; 4 A description of how the construction or renovation project will address the identified vulnerability(ies) from the assessment; 16 A statement on the consequences of not implementing the construction or renovation project; and, .. Completed National Environmental Policy Act (NEPA) Compliance Checklist. Note: Written approval must be provided by G&T prior to the use of any FY2007 UASI funds for construction or renovation. I. Overtime and Backfsll Guidance Overtime. Expenses incurred by those personnel who, as a result of G&T approved activities, are performing over and above their normal, scheduled work hours or work week. Backfill (also called Overtime as Backfi II). Expenses incurred by those personnel who are working over and above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who are temporarily assigned to G&T-approved activities outside their core responsibilities. The O]P OC does not distinguish between Overtime and Overtime as Backfill — they are both viewed as overtime regardless of whether the individual has performed more hours in their normally assigned place of duty or if the overtime accrued as a result of being re -assigned to a different place of duty. Overtime and backfill do not result in an increase of full-time employees (FTEs). I. National Preparedness Initiatives Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay abreast of initiatives being highlighted by DHS and to comply with associated program requirements. 34 National Incident Management System (NIMS) NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size or complexity. I. Minimum FY2007 NIMS Compliance Requirements -. incorporating NIMS into existing training programs and exercises; ,4 Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the eligibility and allowable uses of the grants); .4 Incorporating NIMS into emergency operations planning; +4 Promotion of mutual aid agreements; and, N4 Institutionalizing the use of the Incident Command System (ICS). 2. UASIs should support NIMS implementation by: �4. Having relevant personnel complete the NIMS Awareness Courses: These independent study courses are available on-line and will take between forty -live minutes to three hours to complete. The course is available on the Emergency Management Institute web page at: httR://trainina.fema.sov .6 Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will provide sample language and templatesto assist in formally adopting NIMS through legislative and/or executive/administrative means. •4 Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The NIC is.developing a web -based self -assessment system, the NIMS Capability Assessment Support Tool (NIMCAST) to evaluate their incident response and management capabilities. The NIC is currently piloting the NIMCAST with a limited number of states. Upon completion of the pilot, the NIC will provide all potential future users with voluntary access to the system 3. FY2007 Requirements In order for the State/UASI to receive FY2007 preparedness funding, the minimum FY2007 compliance requirements described above must be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from the NIC. The NIC web page, www fema aov/emcraencvhiims/index.slit n will be updated regularly with NIMS information and implementation guidance. Memorandum of Understanding (MOU) Requirements For any UASI programs involving pass -through of fiends, the state may retain some orthe entire local unit of government's allocation of grant funds for expenditures made by the state on behalf of the local unit of government only if requested in writing by that local unit of governnsent. States holding grant funds on behalf of local units of government must enter into a formal MOU 35 with the local unit of government specifying the amount of funds to be retained by tite state and the intended use of funds. This MOU request must be initiated by the local unit of government. A final, executable copy of the MOU must be provided to the Division. IV. Reporting Requirements i A. Quarterly Programmatic Reporting The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, June 30, September 30 and December 30) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. T7a n�in �®C9ll YIIAA .`f°PHPII /1�$� $ /v eae eoe•un••c a — Reporting Period Report due to IDEM no later than January] through March 31 Aril 30 A riI 1 through June 30 July 31 July I through September 30 October 31 October I through December 31 January.31 Programmatic Reportine° Information to Report On . After the end of the June 30 and December 31 reporting period, for the life of the contract, the Division will provide a Biannual Strategy and Implementation Report worksheet to the Recipient Point of Contact listed in this contract. This worksheet will contain all of the information that the Recipient needs to report on. The Recipient is to complete this worksheet in its entirety and email the finished product to the . programmatic contact listed below. The first.worksheet will be available after the October 1 — December 30, 2007 reporting period. B. Reimbursement Requests A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be included for every dollar amount listed in the "Detail of Claims" form. C. Close-out Programmatic Reporting The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the contract is either completed or the contract has expired. W D. Monitoring Florida Division of Emergency Management US Department of homeland Security Grants Program Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the grant activity and items purchased. The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring the programmatic and capability portion of the grant to include equipment procurement and compliance with applicable SHSGP grant guidance. Monitoring is accomplished utilizing various methods including desk monitoring and site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic/capability. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is defined as the review of projects, financial activity and technical assistance between the program office and the applicant via e-mail and telephone. Site visits are defined as actual visits to the in agency's location by a team or members of the FDEM or their designee, to actually observe records, procedures and equipment. FrequencY of annual monitoring activity: Each year the FDEM will identify up to 50% of sub grantees for site visit monitoring. Examples of areas that may be examined include: 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 Specific difficulties completing the project. Agency NIMS compliance documentation In certain circumstances, the FDEM may be requested to provide additional Monitoring/information if the activity, or lack there of, on the part of the specific recipient has generated questions from the region, the sponsoring state agency or the FDEM leadership. The method of gathering this information will be determined on a case -by -case basis. Desk monitoring is an on -going process. Agency recipients will be required to participate in desk top monitoring on an annual basis and as determined by the SAA. The agency recipients will compete and submit the desk top monitoring within 30 calendar days of receipt. This contact will 37 provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the SAA determines that a recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency rvill be notified by the program office via email. Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. issues that require further TA will be referred to the FDEM for assistance. Examples of TA include but are not limited to: q Equipment selection or available vendors ➢ Eligibility of items or services Coordination and partnership with other agencies within or outside the region or discipline. Site Visits Site visits will be conducted by the FDEM or their designated personnel. Site visits will be scheduled in advanced with the recipient agency POC designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. All findings related to the capability review will be documented and maintained within the FDEM. Site Visit Protocol The following outlines the monitoring protocol for the FDEM: The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all required tasks. Site Visit Prc aratlon A letter will be sent to recipient agency POC stating the purpose of the site visit and sent at least 30 calendar days before the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the grantee's program. The physical location of any equipment located at an altemate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit. Prior to the visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum a] of five (5) calendar days before the visit. A reminder a -mail should be sent to all team members and the recipient POC one business day in advance of the site visit. Site Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item 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 recipient agency requirements. Tile serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capitol expenditures in excess of $1,000. per item). If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then conduct an exit conference with the grantee to review the findings. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Site Visit FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. The grantee will submit a Corrective Action Plan within a timeframe as determined by the SAA. The Site Visit Worksheet, report and photographs will then be included in the grantee's file along with any documents distributed at the site visit by the grantee. V. Proerammatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Carolyn Washington Nicole Stanley e FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL.32399-2100 (850) 410-1271 (850) 410-3457 carolyn.washington@em.myflorida.com Nicoie.Stanle em.m orida.com V1. Contractual Responsibilities The F-DEM shall detemine eligibility of projects and approve changes in scope of work. The F DEM shall administer the financial processes. EEJ 1) 2) 3 4) 5) 6) 7) 8) 9 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) Attachment 9 Program Statutes and Regulations 53 Federal Regist4r 8034 Federal Acquisition Regulations 31.2 and 031.2 Section 1352, Title 31, US Code OMB Circulars A-21, A-87, A-110, A-122 Chapter 473, Florida Statutes Chapter 215, Florida Statutes Section 768.28, Florida Statutes Chapter 119, Florida Statutes Section 216.181(6), Florida Statutes Cash Management Improvement Act Of 1990 American with Disabilities Act Section 112.061, Florida Statutes Immigration and Nationality Act Section 286.011, Florida Statutes E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 28 CFR applicable to grants and cooperative agreements Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990 ); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. Federal Acquisition Regulations 31.2 and 931.2 Ell Attachment C JUSTIFICATION OF ADVANCE PAYMENT t RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is sub1'ect to s. 216.181(16), Fla. Stat. The amount which may be advanced shall not exceed the expected cash needs of the recipient wTtiiTn the initial three months. ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. t I ADVANCE REQUESTED Advance payment of $ _, is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet g C D FFY IFIFFY Total 2004-2005 2005-2006 2006-2007 DESCRIPTION 1 INITIAL CONTRACT ALLOCATION i FIRST THREE MONTHS CONTRACT EXPENDITURESI 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 ble line 1. First three months expenditures need only be provided for the years In which you requested an advance. If you do not have this Information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ _ MAXIMUM Cell D3 DEM Award ADVANCE (Do not include any„ catch) REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCA/DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. 42 Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages it needed. ESTIMATED EXPENSES 2006-2007 Anticipated Expenditure: 13UDGET CATEGORY Contract ADMINISTRATIVE COSTS (Include Seconds Adminlstratlon. PROGRAM EXPENSES TOTAL EXPENSES Ex lanation of Circumstances: m First Attachment D Warranties and Representations Financial Management Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program' (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability, of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 44 Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 8:00 AM to 5:00 PM. Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. in Attachment E Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion (1) The prospective contractor of the Recipient, certifies, b submission of this document, that neither it nor its principals is presently debarF�d, suspend proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) '.,Vhere the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. I Rv- MM= M:M-MMM= Name and Title Division Contract Number Date Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-1101 A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that; 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements Imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notlfy the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been Identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance', includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistanceloan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 47 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973,-as amended; Subtitle A, Title ll of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 26 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 26 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the. Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 91-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most dew Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Department of Homeland Security 2007 Urban Areas Security Initiative (UASI) CONTRACTUAL FORMS and REQUIREMENTS Quarterly Financial History Report/ Status Report (Form 1 and Form 2): 1. These reports must be completed in full quarterly. These are required reports and must be submitted within 30 days of the end of each report period in order to be considered in compliance with the terms of the contract. 2. These reports are to include, but not be limited to, the work that has been completed, the work in progress and the timeline of the work left to be completed. If any delays from the original timeline have occurred, specify the reason and revise the completion timeline. 3. If expenditures do not occur during a given report period, Forms 1 and 2 should be submitted with complete information clearly linked to the project. Reimbursement Request (Form 3), Detail of Claims (Form 4) and Budget Detail Worksheet (Form 4B): 1 These forms are to be filed as needed. Complete Reimbursement Request by entering all information needed for reimbursement. 2 The Detail of Claims form must accompany the Reimbursement Request form, along with the Budget detail Worksheet. 3. The Reimbursement Request form must be signed by the contract manager or someone with equal authority. Claims are to be submitted to the following address: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BUREAU OF RESPONSE DHS GRANTS UNIT—Attn: (Carolyn Washington) 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Close Out Report - (Form 5): 1. Close Out Reports are due as soon as the final payment has been made and all final expenditures have occurred. 2. The contract cannot be considered closed until the Close Out Report has been received. Documentation of project expenditures: 1. ^rantces must maintain documentation of expenditures for a minimum period of five years follcwing the close of project/program operations unless audits require a longer period of time. 2. Grantees should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the grantee during the grant period. Documentation of expenditures against the program will be reviewed and verified during on -site monitoring visits or when necessary by the DEM staff. Acceptable documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks, payroll vouchers, journal transfers, etc. These documents should be submitted when requesting reimbursement. 3. In order to document hours worked on the program by permanent or temporary staff, the grantee may use its own time and attendance forms. 4. All claims for reimbursement of expenditures must be submitted on the approved DCA financial reporting forms. Claims not submitted on the proper form cannot be processed and will be returned for corrections. IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY, PLEASE NOTIFY YOUR CONTRACT MANAGER GRANTEE: AGREEMENT # STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT FINANCIAL O. REPORTIQUARTERLY STATUS REPORT FORMS' ■ (check the quarter of submission along with year) QUARTERLY REPORTING DUE DATES JANUARY 1 — MARCH 31 — Due no later than April 30, APRIL 1 — JUNE 30 — Due no later than July 31, JULY 1 — SEPTEMBER 30 — Due no late'° than OCTOBER 31, _ OCTOBER 1 - DECEMBER 31 — Due no later than January 31, FINANCIAL HISTORY REPORT THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY CUMULATIVE FUNDS EXPENDED 1. Planning Costs 2. Organizational Activities (limited to 25% of the total UASI award) 3. Training Costs 4. Exercise Costs 5. Equipment Acquisition Costs 6. Management and Administration Costs (limited to 3% of the total award 7. TOTAL EXPENDITURES I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. Signed Contract Manager or Financial Officer QUARTERLY STATUS REPORT THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY This information must be clearly linked to the project TIMELINE, DELIVERABLES AND THE SCOPE OF WORK. Report events, progress, delays, etc. that pertain to this project STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT REIMBURSEMENT REQUEST FORM 3 Grantee Pa ment date Address Pa ment # Phone # Agreement # Agreement Amount COSTS INCURRED DURING THE PERIOD OF: I I through I l THIS MUST BE`ACCOMPANIED BY THE DETAIL OF EXPENDITURES FORM 1. Planning Expenditures $ 2. Organization Activities Expenditures $ (limited to 25% of the total UASI award) 3. Training Expenditures $ 4. Exercise Expenditures $ 5. Equipment Acquisition Expenditures $ 6. Management and Administration Expenditures $ (limited to 3% of the total award) 7. Total Expenditures $ 1 hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. Signed Contract Manager or Financial Officer TO BE COMPLETED BY DEM STAFF AGREEMENT AMOUNT PREVIOUS PAYMENT(S) THIS PAYMENT REMAINING BALANCE TOTAL AMOUNT TO BE PAID ON THIS INVOICE N-% 9191 00 M X 33 cc NN -I -I n m 00 OO 33 z m� �O m3 30 c3 M� N W m m� Zn a A0 4 m z a O n z m 0 o. z p r m x s m c m 0 c ca cn d+ w � N .-• rm� K rn -i ®.O�_ m C d a m o x x W _°x m n ro fD o a ro CL y 0 rta -„ C EL 2.0 � ID o a y CL � a Q y m m m r m cn m cn N .o cn -a m In A -n n -n m (n 0 r- -n O m In O r r STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT DETAIL OF CLAIMS - FORM 413' THIS FORM IS BACKUP AND MUST ACCOMPANY THE REIMBURSEMENT REQUEST AND DETAIL OF CLAIMS, FORM 4A ..:.: N a €*' ����,'/6AfB tic�"��Sk�!' �•,.. ,9¢ rxt'ltlz'i6/Cit `iI10 le Pt i��1rt8 GQsth. ' 4attH n� �` i1j1 iCosi , c9 ,..a;.Rtd",,.�-{9E.d'....t. 5 ai B as;!' 4$k Public Education/Outreach Develop and implement homeland security support programs and adopt ongoing DHS national initiatives Develop and enhance plans and protocols Develop or conduct assessments Establish, enhance, or evaluate Citizen Corps -related volunteer programs Hiring of full or part-time staff or contractors/consultants to assist with ° planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs — Payment of overtime expenses will be for work performed by award (SAA) or sub -award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. Other projects areas with prior approval from G&T we s s q Overtime for information, Investigative, and Intelligence sharing activities Reimbursement of select operational expenses associated with increased security measures at critical infrastructure sites, incurred during time periods of DHS-declared Code Orange or Yellow (limited to 10%) or Code Orange (limited to the remaining15%). Funds may only be used in the following authorized categories: • Backfll and overtime expenses for staffing state or local EOCs • Hiring of contracted security for critical infrastructure sites • Public safety overtime • National Guard deployments to protect critical infrastructure sites • Increased border security activities in coordination with C8P. Hiring of contractors/consultants for participation in information/intelligence analysis and sharing groups or intelligence fusion center activities Mr�t{��a rsaf Allowab(p�7 ra iofng �osfs = a ' !: ' ' r i{ �5 �" �r�� { t I,Quanbtyir sF" ?a^ pr{ Unit Colt &�, Tot�I Cgst • , ��i,tk yitg° . Overtime and backfill funding for emergency preparedness and response personnel attending G&T-sponsored and approved training classes. Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in G&T training. UASI funds may also be used for training citizens in awareness, prevention, protection, response and recovery skills Training Workshops and Conferences -. Full or Part -Time Staff or Contractors/Consultants Travel A complete list of G&T approved courses may be found at www.oip.usdoi.gov/odp/does[TED__..Course Catalo 2007,gdf Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part -Time Staff or Contractors/Consultants - Full or part-t'me 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 slate or the awarding agency, whichever is applicable. The services of contraclors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. ovemmeanmuackfi|icosts—ovemmmondbankfil|comts associated with the design, development and conduct ofCBmxEexercises are allowable expenses. Grantees may also use 8&Tgrant funds to cover overtime and uenkfi||expenses for part-time and volunteer emergency | | | response personnel participating inamTexercises. | h U Travel -Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding Iravel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained In the OJP Financial Guide. For further Information on federal law pertaining to travel costs please refer to 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 Other Items - These costs include the rental of space/locations for exercise planning and conduct, exercise signs, badges, etc. award,", 1-6 categories!, an I d, sp i ecific; equipment i;ligibre under each category, can be fod - nd on the on toe website, and lonon Click on �search the RKB" Click on.'DHS Authorized Equipment List (AEL) — FY2007" gory u it i0ti wish to purchase'a piece of equipment from any cate it&n' nbm6er and 'tide' Personal protective equipment e.g., 1.12.2.1, Covers, Outer Footwear Explosive device mitigation and remedlation equipment I CBRNE operational search and rescue equipment Information technology Cyber security enhancement equipment Interoperable communications equipment j Detection Equipment Decontamination Equipment Medical supplies and limited pharmaceuticals Power equipment CBRNE reference materials CBRNE incident response vehicles Terrorism incident prevention equipment Physical security enhancement equipment Inspection and Screening systems Agriculture Terrorism Prevention, Response, and Mitigation Equipment- CBRNE Response. watercraft STATE F FLORIDA DIVISION F EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 FORM 5 CLOSE-OUT REPORT This Form Should Be Completed And Submitted To The Department No Later Than Sixty (60) Days After The Termination Date Of The Agreement i GRANTEE AGREEMENT ADDRESS AGREEMENT AMOUNT CITY AND STATE AGREEMENT PERIOD (1) COST CATEGORIES = (2) TOTAL EXPENDITURES 1 Planning Costs 2. Organizational Activities limited to 25% of the total UASI award 3. Training Costs 4. Exercise Costs 5. Equipment Acuisition Costs 6 Management and Administration Costs limited to 3°% of total UASi award 7. TOTAL EXPENDITURES Total Funds Received From The Division of Emergency Management Agreement (column 4, Line 7) Less Total Grant Award Expenditures (Col. 2, Line 7) Equal Balance of Agreement Owed to DE Refund Due to State? Yes No If Yes, Refund Check Enclosed? Yes No If No, Enter Date Refund will be submitted Refund and/or final interest check are due no later than ninety (90) days after the expiration date of the Agreement. Make Check Payable to: Cashier Department of Community Affairs Mail to: Department of Community Affairs Division of Emergency Management 2555 Shumard Oaks Boulevard Tallahassee, Florida 32399-2100 (3) (4) FUNDS RECEIVED UNDER THIS AGREEMENT Date. Amount 1. 2. 3. 4. 5. 6. 7. TOTAL Agreement Amount; ®' Less Total Funds Received under this Agreement (Column 4,Lln- 71 :.� .r I hereby certify that the above costs are true and valid costs Incurred In accordance with the project Agreement, and that the matching funds, In -kind or cash, were utilized toward the project in this Agreement. ContractSigned spin 40 _N1 File ID #: 08-00356 Version: 2 City of Miami Master Report Resolution R-08-0196 Controlling Officcofthe City Body: Clerk City 11,111 3500 Pan American Drive Miami, 171, 33133 N"v%v.1IIi.-IInigov.coI11 Enactment Date:41110108 Status: Passed Title: A RESOLUTION OFTI IE M [AM I CITY COMMISSION, w iTH A17ACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM (FISCAL YEAR 2007)," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNTOF $11,620,600, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, PASSED DIRECTLY TO THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT ("DEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ITS CONTIGUOUS COUNTIES, MIAMI-DADE, MONROE AND THE CITY OF HIALEAH, SETTING FORTH THE PARTIETRESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS FROM T14E STATE OF FLORIDA DEM. Reference: introduced: 3/18/08 Name: Establishing Fund - UASI Grant Program 07 Requester: Department of Cost: Final Action: 4/10/08 Fire -Rescue Notes: Sections: Indexes: Attachments: 08-00356 Legislation.pdf, 08-00356 ExIiibit.pdf, 08-00356 Exiiibit2.pdf, 08-00356 Summary I-orin.pdf, 08-00356 Grant Prograimix1f, 08-00356-Submittal-E-mail-Maurice L. Kenip.pdf, 08-00356 Exhibit 3.pdf, 08-00356 Exilibit4.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result city0fMiand Page I Pritacd on 7/13/2 010 orl-lee ot,the City 3/26/08 Revimccland Attwiley Approved City Commission 4/ 10/08 ADOPTED WITH MODIFICATIONS City ormiall1i Iloge 2 Primcd an 7113/2010 A motion was made by Angel Gonzllez, seconded by Michelle Sl)eiiee-Joties,tli,.it this matter be ADOPTED WITI I MODIFICATIONS. Note for the Record: Subsequent to [lie City Commission meeting, notification was provided that Item REA instead should have had [lie subsfittitiOnagreenictils originally profaned as pertaining to RE.5, resulting in ,a modified resolution For REA. Secatlacked notification. Chair Sanchez: REA. REA is being presented to its by the Department on--ire-Rescue. Deputy Chief Maurice Kemp (Fire -Rescue): Maurice Kemp, deputy fire chief. REA is a resolution, with attachments, establishing new special revenue fund, which is tile 27 -- 2007 UASI (Urban Areas Security Initiative) grant. Conunissionet-Gonzillez: I'll move REA. Vice Chair Sparice-Jories: Second. Chair Sanchez: Okay. There's a motion by Commissioner Gonz6lez, second by the Chair [sic]. I'lic item is -- before we open it up for discussion, anyone from the public wishing to address RE.4, which is resolution? Seeing no one, the public hearing is closed, coming back to [lie Commission. Any further discussion oil REA? Hearing -- Julie O. Brit (City Attorney): Mr. Chairman. Chnir Sanchez: Madam Attorney, you're recognized for [lie record. Ms. Bru: Just for the record, the item, as was sent to the agenda for print, did not include one of the attacluilents. Priscilla A. Thompson (City Clerk): Two. Deputy Chief Kemp: That's 5. Ms. Bru: Oil, that's 5? Okay. The MOU (Memorandum of Understanding). Deputy Chief Kemp: The next one. Ms. Thompson: I'm sorry. According to my records Ivis. Bra: Sorry. Ms. Thompson: -- I have that two Chair Sancliez: There is no supplement oil this item; it's the next item, if I'm not correct [sic]. Deputy Chief Kemp: Yes, sir. You*re correct. It's the next -- Chair Sanchez: Okay. Deputy Chief Kemp: -- item. Ms. Thompson: I'm sorry. Just for my records because -- Chair Sanchez: Yes. Ms. Thompson: -- in my office, I received two additional attachments for the UASI grant. Did someone confuse our paperwork? Deputy Chief Kemp: Both item 4and item 5 referenced UASI grant. The one that needs the substitution will beRE.5. City ormiall1i Puge 3 Printed ou 7113/2010 Aye: 5 - Angel Gogmilez, Mare David sairrolf, Joe sancliez"Fanlis Regaindo and Michelle Spence-jones 2 Office ol'the Mayor 4/17/08 Signed by the Mayor ontee oroic city Clerk 2 Off ice of the City Clerk 4/17/08 Signed and Attested by City Clerk 2 Of,fice of [lie City Attorney 10/31/08 Reviewed and Approved CRY of Miami Page 4 Printed on 7113/2010 _ � Miami City of M i a m 9 City Hall 3500 Pan American Drive `7� Legislation Miami, FL 33133 www.miamigov.com - Resolution Pile Number: 08-00356 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM (FISCAL YEAR 2007)," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $11,620,600, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, PASSED DIRECTLY TO THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT ("DEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS, IN SUBSTANTIALLY. THE, ATTACHED FORM;:YVITH IT.S;.:•:..;,:.:. - CONTIGUOUS COUNTIES, MIAMI-DADS,' MONROE AND THE -CITY OF HIALEAH, 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, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS FROM THE STATE OF FLORIDA DEM. WHEREAS, most states and municipalities have strengthened their overall capability to respond to acts of terrorism involving chemical, biological, radiological, nuclear or explosive weapons, there continues to be room for improvement in meeting our national priorities in preventing and responding to terrorist attacks; and WHEREAS, the United States ("U.S.") Department of Homeland Security, State of Florida, Division of Emergency Management, is authorized by the Emergency Wartime Supplemental Appropriations Act 2003, to provide funds to states for subsequent distribution to selected urban areas to address the unique equipment, training, planning, exercise and operational needs for large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts or terrorism; and WHEREAS, the U.S. Homeland Department Security, through the State of Florida, Division of Emergency Management ("DEM"), has sub granted an Urban Areas Security Initiative Grant -Program (Fiscal Year 2007) ("UASI Grant FY 2007"), to the City of Miami ("City") and its contiguous counties, Miami -Dade, Monroe, and the City of Hialeah ("Contiguous Counties and Hialeah"), in the amount of $11,620,600, for Fiscal Year 2007; and WHEREAS, as stipulated in said grant award, the City Department of Fire -Rescue will use said funds to address the unique equipment, training, planning, exercise and operational needs of the City City of Miami Page 1 of Printed On: 312012008 File Number. QG-0o355 and the Contiguous Counties and Hialeah, and to assist the City in 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 FY 2007, the attached Memorandum of Agreement1with City's Contiguous Counties and Hialeah, will provide the necessary guidelines to coordinate 7he UASI Grant FY 2007 between aforementioned counties to enhance the City and its surrounding jurisdictions' ability to respond to terrorist threats or acts and will permit the City to reimburse its Contiguous Counties and Hialeah for its expenditures that are compliant with said project; and WHEREAS, it is now appropriatefor the City Manager toaccept said grant and to establish a special revenue fund for the appropriation ofsaid grant award; NOW, THEREFORE, BE|T RESOLVED BYTHE COMMISSION OFTHE CITY ()FK8|AM|. FLORIDA: Section 1.The recitals and findings contained imthe Preamble tothis Resolution are adopted by reference and incorporated asiffully set forth inthis Section. Section 2. The following new Special Revenue Fund is established and resources are appropriated as de.so-ribedbe|ow: FUND TITLE: Urban Area Security Initiative (UAS0 Grant Program (Fiscal Year 20O7) RESOURCES: Department ofHomeland Security $11.620.600 Passed directly to the State ofFlorida Division ofEmergency Management APPROPRIATIONS: ONG� $11.620,600 Section 3. The',.CityManager is authorizedi1) to accept said grant award and to execute the / necessary d_ nb*toimplement acceptance ofsaid grant award. '------Secdion4. The City Manager is authohzed{11bz execute Memorandum ofAgreements, with its Contiguous Counties and H(e|eah, for the purpose of setting forth the parties' naaponn/bUiUem in connection with the development and support of the UAS| project administered by the City'm Department of Fire -Rescue, as an UASI sponsoring agency, contingent upon funding of said project being secured inthe form of the grants from the State of Florida, Division ofDEK8. SeodonS. This Resolution shall become effective immediately upon its adoption and signature oY APPROVED AS TO FORM AND CORRECTNESS: CITYATTORNEY Ciry of Miami Page 2 of 3 Printed On: 312012008 Fife !Number: 08-00356 Footnotes: f 1) 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. {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 Mianti Page 3 of Printed On: 31'2011008