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Item C12
C.12 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting August 17, 2022 Agenda Item Number: C.12 Agenda Item Summary #10872 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305)289-6325 NA AGENDA ITEM WORDING: Approval of a UASI (Urban Area Security Initiative) FY 2021 Memorandum of Agreement with the City of Miami, concerning a United States Department of Homeland Security Office of Grants and Training grant, through the State of Florida Division of Emergency Management sub-grant agreement R0521, in the amount of $264,836, with no county match required, and approval for the County Administrator or designee to execute all documentation related to this MOA. ITEM BACKGROUND: The United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida, Division of Emergency Management, has sub- granted the Urban Area Security Initiative (UASI) Grant Program, FY 2021, to the City of Miami in the amount of$14,012,500.00. This program targets homeland security funding to"high threat" urban areas in order to prevent, respond to, and recover from threats or acts of terrorism. Monroe County is receiving $264,836.00. Funds should be distributed as follows: Monroe County Emergency Management$264,836.00. PREVIOUS RELEVANT BOCC ACTION: The UASI FY05, FY06, UASI FY07, UASI FY08, UASI FY09, UASI FY 10, UASI FY 11, UASI FY 12, UASI FY 13, and UASI FY14, UASI FY 15, UASI FY 16, UASI FY 17, UASI FY 18, UASI FY 19, and UASI FY 20 agreements were approved on the March 15, 2006, May 11, 2007, March 19, 2008, January 20, 2010, January 19, 2011, February 15, 2012, January 16, 2013, November 20, 2013, March 19, 2014, May 20, 2015, April 20, 2016, March 15th, 2017, April 19th 2018, and March 21, 2019, August 19,2020, and June 16th 2021 BOCC meetings respectively. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approve DOCUMENTATION: Packet Pg. 660 C.12 UASI 2021 MOA - Monroe County 2021 UASI MOA - Exhibit 1 MIAMI- FDEM MOA EXECUTED 2021 UASI MOA Exhibit 2 Budget Detail FINANCIAL IMPACT: Effective Date: Upon Execution Expiration Date: June 30, 2023 Total Dollar Value of Contract: $264,836 Total Cost to County: 0 Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NO If yes, amount: Grant: $264,836 County Match: NA Insurance Required: NA Additional Details: NA NA REVIEWED BY: Shannon Weiner Completed 07/20/2022 4:31 PM James Molenaar Completed 07/20/2022 4:56 PM Purchasing Completed 07/21/2022 8:27 AM Budget and Finance Completed 07/21/2022 8:42 AM Brian Bradley Completed 07/21/2022 8:59 AM Lindsey Ballard Completed 07/28/2022 9:58 AM Board of County Commissioners Pending 08/17/2022 9:00 AM Packet Pg. 661 C.12.a MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2021 "Monroe County" Agreement Number: R0521 FAIN Number: EMW-2021-SS-00056-S01 CFDA#: 97.067 This Agreement is entered into this_day of 2022; by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and Monroe County, (the "Participating Agency"). N RECITALS N WHEREAS, the U.S. Department of Homeland Security (USDHS) is providing financial assistance rn to the Miami urban area in the amount$14,012,500 dollars through the Urban Area Security Initiative(UASI) Grant Program 2021; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 0 U 2021; and 0 0 WHEREAS, as the USDHS requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the UASI Grant Program 2021 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and N WHEREAS, the 2021 Urban Area has been defined Miami and Ft. Lauderdale collectively and N Fn anticipates sub-granting a portion of the UASI funds in accordance with the grant requirements; and WHEREAS, the City Commission, by Resolution No. R-22-0078, adopted on February 24, 2022, has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the Urban Area Working Group process to enhance Miami and its surrounding jurisdiction's ability to respond to a terrorist threat or act. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow: 1 Packet Pg. 662 C.12.a I. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASI Grant Program 2021 which was made available by the U.S. Department of Homeland Security and the State of Florida Division of Emergency Management (FDEM). B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring Agency. II. SCOPE A. The provisions of this Agreement apply to UASI Grant Program 2021 activities to be performed at the request of the federal government, provided at the option of the Sponsoring Agency, and in conjunction with, preparation for, or in anticipation of, a major disaster or emergency related to terrorism and or weapons of mass destruction. Q N B. No provision in this Agreement limits the activities of the Urban Area Working Group or its Sponsoring Agency in performing local and state functions. III. DEFINITIONS t0 A. Critical Infrastructure: Any system or asset that if attacked would result in catastrophic loss of life and/or 0 0 catastrophic economic loss management of resources (including systems for classifying types of 0 resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. N B. Core County: The County within which the core city is geographically located. The core city is the City N of Miami. C. UASI Grant Program 2021: The UASI Grant Program 2021 reflects the intent of Congress and the Administration to enhance and quantify the preparedness of the nation to combat terrorism and continues to address the unique equipment,training, planning, organization and exercise needs of large high threat urban areas, and program activities must involve coordination by the identified core city, core county/counties, and the respective State Administrative Agency. Funding for the UASI Grant Program 2021 was appropriated by U.S. Congress and is authorized by Public Law 108-11, the Emergency Wartime Supplemental Appropriations Act, 2003. The funding will aid in building an enhanced and sustainable capacity to plan, prevent, protect, mitigate, respond to, and recover from threats or acts of terrorism for the selected urban areas. D. National Incident Management System (NIMS): This system will provide a consistent nationwide approach for federal, state, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To 2 Packet Pg. 663 C.12.a provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command and training. E. Urban Area Working Group (UAWG): The State Administrating Agency Point of Contact (SAA POC) must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identify POCs from these jurisdictions to serve on the Urban Area Working Group. The Urban Area Working Group will be responsible for coordinating development and implementation of all program elements, including the urban area assessment, strategy development, and any direct services that are delivered by the grant. F. Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and N county/counties, or with which the core city or county/counties have established formal mutual aid Q agreements. U_ IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the City of Miami Fire-Rescue Department, cj authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. a 0 B. Coordinating with named counties and cities,with the respective State Administrative Agency, and with the FDEM and USDHS. N C. Conducting a comprehensive Urban Area Assessment, which will in turn guide the development of an N Urban Area Stakeholder Preparedness Review. D. Ensuring the participation of the following critical players in the assessment and strategy development process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare, and public health. E. Developing a comprehensive Urban Area Stakeholder Preparedness Review and submit to the SAA POC. F. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit#1". G. Ensuring satisfactory progress toward the goals or objectives stipulated in "Exhibit#1". H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit#1". 3 Packet Pg. 664 C.12.a I. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the main liaison and partner with the City of Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Participating Agencies and any sub-grantees must abide by the grant requirements including budget authorizations, required accounting, and reporting expenditures, proper use of funds, and tracking of assets as stipulated in "Exhibit#1". N C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct Q purchases of equipment or services as stipulated in "Exhibit#1". U_ D. Complying with all UASI Grant Program 2021 requirements as stipulated in "Exhibit#1". E. Participating as a member of the Urban Area Working Group to include coordinating with and assisting t0 the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide 0 development of an Urban Area Stakeholder Preparedness Review. F. Ensuring the participation of the following critical players in the assessment and Stakeholder Preparedness Review development process: law enforcement, emergency medical services, N emergency management, the fire service, hazardous materials, public works, governmental N administrative, public safety communications, healthcare, and public health. G. Assisting the sponsoring agency in development of a comprehensive Urban Area assessment and Stakeholder Preparedness Review. H. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit#1". I. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit#1". J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in "Exhibit#1". K. Maintaining an equipment inventory of UASI purchased items. L. Ensure that equipment obtained from the UASI Grant Program 2021, as identified in "Exhibit #2", is readily available for use by personnel trained to use such equipment for actual emergencies, special 4 Packet Pg. 665 C.12.a events or exercises. Also, ensure that such equipment is readily available for onsite monitoring by DHS, FDEM, and the Sponsoring Agency. If the Participating Agency is incapable of staffing the equipment, such equipment shall be made available to another Participating Agency for use during any actual emergencies, special events or exercises. Failure to ensure equipment availability may result in loss of funding and/or equipment to the Participating Agency. M. All equipment obtained from the UASI Grant Program 2021, as identified in "Exhibit 2", is the sole responsibility of the receiving agency. This includes, where applicable, maintenance, replacement, training on equipment, and insuring of equipment and personnel, and compliance with intra-agency auditing requirements. VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: N A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely N by the Sponsoring Agency. B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in a timely fashion. The Sponsoring Agency will prepare consolidated reports for submission to the State 0 of Florida as stipulated in "Exhibit 1". L) 0 0 C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel. D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28, Q N Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a municipality, state agency or subdivision of the State of Florida to c� be sued by third parties in any manner arising out of this Agreement or any other contract. E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency. VII. FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $750,000 or more of Federal funds during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and 2 CFR 200. 5 Packet Pg. 666 C.12.a B. The Secretary of Homeland Security and the Comptroller General of the United States shall have access to any books, documents, and records of recipients of UASI Grant Program 2021 assistance for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland Security or the Comptroller General, these documents are related to the receipt or use of such assistance. The grantee will also give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. C. Financial Status Reports are due within 14 days after the end of each calendar quarter. A report must be submitted for every quarter that the award is active, including partial calendar quarters, as well as for periods where no grant activity occurs as stipulated in "Exhibit 1". N D. Submit progress reports to describe progress to date in implementing the grant and its impact on N homeland security in the state. U- E. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties as identified in "Exhibit 2". 0 t3 0 0 VIII. CONDITIONS,AMENDMENTS,AND TERMINATION A. The Participating Agency will not illegally discriminate against any employee or applicant for , employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. N N B. Any provision of this Agreement later found to be in conflict with Federal law or regulation,or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or ; regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in full force and effect. C. This Agreement may be terminated by either party on thirty (30) days written notice to the other party at the address furnished by the parties to one another to receive notices under this agreement or if no address is specified, to the address of the parties'signatory executing this contract. D. This Agreement shall be considered the full and complete agreement between the undersigned parties and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except for any executory obligations that have not been fulfilled. 6 Packet Pg. 667 C.12.a E. This Agreement will end on June 30, 2023, unless otherwise extended, by a written amendment duly approved and executed prior to June 30, 2023, unless otherwise extended, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's ability to conform to procedures, training and equipment standards as prescribed by the grant. IX. MISCELLANEOUS OVERALL Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. C14 c14 SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida 0 U 0 0 ATTEST: 0 N BY: BY: N Todd B. Hannon Arthur Noriega City Clerk City Manager c� APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: BY: BY: Victoria Mendez Ann-Marie Sharpe, Director City Attorney Department of Risk Management 7 Packet Pg. 668 C.12.a PARTICIPATING AGENCY Monroe County ATTEST: BY: Name: cN cN NAME: u- Title: TITLE: u 0 0 FID#: cN DUNS: cN c� APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney 8 Packet Pg. 669 Contract Number: R0521 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.1 states that a"subaward may be provided through any form of legal agreement,including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R.§200.1,"pass-through entity"means"a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program." As defined by 2 C.F.R.§200.1,"Sub-Recipient"means"a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal award." c14 As defined by 2 C.F.R.§200.1, "Federal award"means"Federal financial assistance that a non-Federal entity U_ receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R.§200.1,"subaward"means"an award provided by a pass-through entity to a Sub- Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." U x The following information is provided pursuant to 2 C.F.R. §200.332: Sub-Recipient's name: City of Miami Fire Rescue Sub-Recipient`s unique entity identifier: F L 57 Federal Award Identification Number(FAIN): EMW-2021-SS-00056-S01 Federal Award Date: 9/112021 —OB13112024 Subaward Period of Performance Start and End Date: DOE—12/31/2023 Amount of Federal Funds Obligated by this Agreement: 14 012 500.00 Total Amount of Federal Funds Obligated to the Sub-Recipient x by the pass-through entity to include this Agreement: $23,761,785.18 , Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $14,012,500.00 Federal award project description(see FFATA): See Article 1,Agreement Articles Name of Federal awarding agency: Dept,of Homeland Security N Name of pass-through entity: FL. Division of Emergency Mgmt. Q Contact information for the pass-through entity: 2555 Shumard Oak Boulevard Tallahassee Florida 32399 Catalog of Federal Domest(c Assistance(CDFA Number and Name 97.067-Homeland Security Grant Program Whether the award is R&D: NIA Indirect cost rate for the Federal award: 21.40% THIS AGREEMENT Is entered into by the State of Florida, Division of Emergency Management,with headquarters in Tallahassee,Florida(hereinafter referred to as the"Division"), and GEty of Miami Fire Rescue, (hereinafter referred to as the"Sub•Reclplenf). For the purposes of this Agreement,the DiviCon serves as the pass-through entity for a Federal award, and the Sub-recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWNG REPRESENTATiONS A. The Sub-Recipient represents that A Is fully qualified and eliglbls to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Fede4 government,and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, CN C. The!)Nision has statutory authority to disburse the funds under this Agreement, cN THEREFORE,the Division and the Sub-Recipient agree to the follcw ng' (1) APPLICATION gUmigiAW TO TF-IIS AG&EEM>ENT 2 C.F.R, §200,302 provides,"Each state must expand and account for the Federal award In accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore,section 215.971,Florida Statutes,en itled'Agreements funded with federal or state assistance",applies to this Agreement. X (2) WS R E% 1,REQULATIONSANP_PC7LICIE a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entiled"Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards.° b, As required by Section 215.971(1), Florida Statutes, this Agreement lricludes: 1. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each,deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable, N. A provision specifying the financial consequences that apply If the Sub- Recipient fails to perform the minimum level of service required by the agreementr iv. A provision specifying that the Sub-Recipient may expend funds only for cN cN allowable costs resulting from obligations Incurred during the specified agreement period, V. A,provision specifying that any balance of unobilgated funds which has been advanced or paid must be refunded to the Division, 2 V, A provision specifying that any funds paid in excess of the amount to which the 80-Recipient is sntftted under the terms and conditions of the agreement must be refunded to the Divlsion. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, Including those identified In Attachment D, Any express reference in this Agreement to a particular statute, rule,or regulation in no way Implies that no other statute, rule,or regulation applies, (3) ggN= a, In accordance with section 215.971(2), Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Reclplent. As part of his/her duties,the Grant Manager CN for the Division shall Q c14 i. Monitor and document Sub-Recipient performance;and, >_ 11. Review and document all deliverables for which the Sub-Recipient requests payment, b, The Division's Grant Manager for this Agreement is: +Ganda Je kins 05 9humard k l3Quiev rd W X Tall J assge. FJ-prldg 3 9 Talejolons-(8SQ)815-434 EmgW.- Ins.. rn,mvflorida.com c, The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Asst Fire Chief Robert Hula 444 5 W 2. d Ave,10t laar Mlaml. FL 33130 Telephone: 305-416-5402 Fax. 305.41D 5948 Email: [ bH_eula ctmiamigov,corn d, In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name,title and address of the new representative will be provided to the other party. CN �4y JgRMS ANQ Q t*f� cN This Agreement contains all the terms and conditions sgreed upon by the parties. � (5) l&ELUTIDN This Agreement may be executed in any number of counterparts, any one of which may be taken as an ohglnal 3 (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be vaild only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WOR The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachments A and B of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and will end December 31,2023, unless terminated earlier in accordance with the provisions of Paragraph (17)of this Agreement. Consistent with the definition of"period of performance"contained in 2 C.F.R.§200.1,the C14 term"period of agreement"refers to the time during which the Sub-Recipient"may incur new obligations N to carry out the work authorized under"this Agreement. In accordance with 2 C.F.R.§200.1,the Sub- Recipient may receive reimbursement under this Agreement only for"allowable costs incurred during the period of performance." In accordance wqh section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement. t3 (9) FUNDING X a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub-Recipient one for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and B of this Agreement("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is$14,012,500. X d. As required by 2 C.F.R. §200.415(a),any request for payment under this Agreement must include a certification, signed by an-official who is authorized to legally bind the Sub-Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any N false,fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, `� civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure,outlined in Attachment B, that clearly delineates: 4 i (6) D [ LQ 61T Either party may request modification of the provisions of this Agreement. Changes Which are agreed upon shall be valid only when in writing,signed by each of the parties,and attached to the original of this Agreement. (7) QQpE OF WORK. The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work,Attachments A and E3 of this Agreement. (8) MEW RE This Agreement shall begin upon execution by bath parties and will end June 30, 2023 unless terminated earlier in accordance with the provisions of Paragraph{17}of this Agreement, Consistent with the definition of"period of performance"contained In 2 C,F.R. §200.1,the term"period of cN sgreement"refers to the time during which the Sub-Recipient"may incur new obiigetians to carry out the cN work authorized under"this Agreement, in accordance with 2 C.F.R.§2Q4.I,the Sub-Recipient may receive reimbursement under thla Agreerner}t only for"allowable costs incurred during the period of performance A In accordance with section 215.971(1)(d), Florida Statutes,the Sub-Reciplent may expend funds authorized by this Agreement"only for allowable costs re3utfmg from obligations incurred during„ LU the period of agreement. U (9) EQNDI G LU LU a. This is a cost-reimbursement Agreement,subject to the availablilty of funds. LU b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the I_egisiature, and subject to any modification in LU accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. LL c. The Division will relmburse the Sob-Recipient X1 for allowable costs Incurred by the Sub-recipient in the successful cot q� otion of each deliverable, The maximum reimbursement amount for each deliverable is outlined in Attachment A and B of this Agreement("Budget and Scope of 1Nark"), The maximum reimbursement amount for the entirety of this Agreement is$14,012,500, d, As required by 2 C.F.R.§200.415(a),any request for payment under this Agreement LU must include a certification, 54�sr�edi bv an official Mao F3Llth❑rized tg IpgvallYbinA the 5.ub-F� _t, which reads as follows: "Sy signing this report, l certify to the best of my know{edge and belief that the report is true, complete, and accurate, and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. i am aware that any false,fictitloQs, or fraudulent information, or the omission of any material fact, may subject me to c6m�na[, CN civil or administrative penalties for fraud, false statements,false calms or otherwise, (U,5. Code Title 16, `1' Section 1001 and Title 31,Sections 3729-3730 and $801-38'l2)." a. The Nvision will review any request for reimbursement by comparing the docurnentation provided by the Sub-Recipient against a performance measure,outlined in Attachment B, that clearly delineates; 4 f. The required minimum acceptable level of service to be performed;and, rf. 'The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent Mth the requirement for a uperfcrmance goal",which Is defined in 2 C.F.R. §200.1 as "a target level of performance axpressad as a tangible, measurable objective, against which actual achievement can be compared." It a%c remains consistent with the requirement,contained in 2 G.F.R. §200.329,that the Div!Won and the Sub-Recipient"relate financial data to performance goals and oblecWes of the Federal award." g. if authorized by the Paderal Awarding Agency,then the DIvlslon will reimburse the Sub-Reclplent for overtime expenses in accordance with 2 C.F.R. §200,430("Compensation--personal services")and 2 C.F.R.§200.431 ("CornpsnsaWn—fringe benefits"). If the Sub-Recipient seeks CN reimbursement for overtime expenses for periods when no work is performed due to vacation, hollday, CN illness,failure of the employer to provide sufficient work,or other similar cause(sae 29 U.S.C. §207(e)(2)),then the❑!vision MI treat the expense as a fringe beneNt. 2 C.F.R. §200,431(a)defines fringe benefits as"allowances and serv4ces provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by Iaw, Sub-Recipient-employee agrearnent, or an U established policy of the Sub-Recipient. 2 C.F.R. §200,431(b)provides that the cast of Fringe benefits in X the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave,family-related leave,sick ieave,holidays, court leave, military leave, administrative leave,and other similar benefits,are allowable if all of the following criteria are met: I. They are provided under established written leave policies; LL ii. The costs are equitably allocated to ail related activities,including Federal awards;and, Ill. The accounting basis(cash or accrual)selected for costing each type of leave Is consistently followed by the non-Federal entity or spec led grouping of employees, h. If authorized by the Federal Awarding Agency,them the DIVIsion wits reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F,R.§204,475. As required by the Reference Gulde for State Expenditures, relmbursement for travel must be Irk accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state travel voucher. 1f the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated In section Florida Statutes($S for breakfast, $11 for lunch,and$19 for dinner),then the Sub-Recipient must provide `CD D CN documentation that: i, The costs are reasonable and do not exceed charges normally allowed by the Sub-Reclplent in its regular operations as a result of the Sub-Recipient's written travel policy; and, li. Participation of the Individual In the travel is necessary to the Federal award, 5 i. The pivfsion's grant manager,as required by section 215.971(2)(c),Florida Statutes, shall reconcile and verify all funds received against al funds expended during the grant agreement period and produce a final report. The final report must identify any funds paid In excess of the expenditures incurred by the Sub-Reclpient. J, As defined by 2 C.F.R, §200.1,1he term"improper payment"means or includes: i. Any payment that should not have been made or that eras made in an incorrect amount(including overpayments and underpayments)under statutory, contractual, administrative, or oti)er legally applicable requirements;and, ii. Any payment to an ineligible party, any payment for an ineiiglble good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by lawn , any payment that does not account for credlt for applicable CN CN discounts, and any payment where insufficient or lack of documentation prevents a reviewer from >_ LL discerning whether a payment was proper, k. Any advance payment under this Agreement is subyact to section Florida Statutes. The amount of advanced funds may not exceed the expected cash needs of Sub- reclp%nt within the first ninety(W)days of the term of this Agreement. If an advance payment is requested, the i udget data on which the request is based, and a justiflGatlon statement shall be included U with this Agreement as indicated in Attachment E, Justification of Advance Payment.Attachment I± must W specify the amount of advance disbursement requested and pm vide,an explanation of the necessity for and proposed use of the funds. (`IDME ( S a. As required by 2 C.F.R. §200.337,the Federal awarding ardency, Inspectors General, , the Comptroller General of the United States, and the Division,or any of their authorized representatives, shall enjoy the right of acrsess to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits,examinations, excerpts, and transcripts, Tne right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of X Interview and discussion related to such documents. Finally,the right of access's not limited to the required retention period but lasts as long as the records are retalned. b. As required by sections 20.055(5)(c)and 215.97(5)(b), Florida Statutes, the Division, Fn the Chief Inspector General of the State of Florida, the Florida Auditor General,or any of their authorized representatives, shall enjoy the right of access to any documents,financial statements, papers, or other N records of the Sub-Rectpient which are pertinent to this Agreement,in order to make audits, CN Q examinations, excerpts, and transcripts, The right of access also includes timely and reasonable access to the Sub-Reciplent's personnel for the purpose of interview and discussion related to such documents. c. As required by Fiorlda Department of State's record retention requirements(Chapter 119, Florida Statutes) and by 2 C,F.R. §200,334,the Sub-Recipient shall retain sufficient records to show its campiiame with the terms of this Agreement, as well as the compliance of all subcontractors or 6 consultants paid from funds under this Agreement,for a period of five(5)years from the date of submission of the final expenditure report. The following are the only exceptions to the five(5)year rsgralrement� I. If any E%atiori,claim,or audit is started before the expiration of the 5 year perlod, then the records must be retained until all litigation,cis ims,or audit findings lnvoMN the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified In writing by the Federal awarding agency,cognizant agency for audit, oversight agency for audit; cognizant agency for indirect costs, or pass-through entity to extend the retention period. lit, Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. CN iv. When records are transferred to or maintained by the Federal awarding cN agency or pass-through entity,the 5-rear retention requirement is not applicable to the SubµReciplent. v. Records for program income transactEona after the period of performance. In some cases, recipients must report program income after the period of performance. Where there Is such a requirement,the retention period for the records pertaining to the earning of the program Income starts from tt�ra and of the non-Federal entity's fiscal year In which the program income Is earned. U vi. Indirect cost rate proposais and cost aflacatlons plans. 'This paragraph X applies to the following types of documents and their supporting records. indirect cost rate computations or proposals,cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates), LL d. In accordance with 2 C.F.R.§200,335,the Federat awarding agency must request transfer of certain records to Its custody from the Division or the Sub-Reciplent when it determines that the records possess long-term retention value. e. in accordance with 2 C.F.R. §200.336,the Division must always provide or accept paper versions of Agreement information to and frorn the Sufa-Recipient upon request. If paper copies are submitted,than the Division must not require more than an original and two copies. When ordeal records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other . forms of electronic mediae provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain madabke, cN cN f. As required by 2 G.F.R. §200,303(e),the Sub-Rpclp lent Mali take reasonable ; measures to safeguard protected personally identifiable information and other Information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sonsRive consistent with applicable Federal,state,locai,and tribal)awe,regarding privacy and obligations of confidentiality. '3 g. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, bas€c requireme,nts, (t) meetings of publlc boards or comrnIsslons must be open to the public; (2) reasonable notice of such meetings must be given; and, (3)minutes of the meetings must betaken and promptly recorded, The mere receipt of public funds by a private entity, standing alone,is insufficient to bring that entity within the ambit of the open government requirements. However,the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of thous agencies in the agencies'performance of their public duties, If a public agency delegates the performance of its public purpose to a private entity,then,to the extent that private entity is , performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment c14 purchased with public funds, then the Government in the Sunsh€ns Law applies to board of directors for Q CN that volunteer fire department. Thus,to the extent that the Government in the Unshine Law applies to >- the Sub-Reclpient based upon the funds provided under this Agreement,the meetings of the Sub- Recipients governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public,and the minutes of all the meetings shall be public records, available to the public in accordance with chapter 119, Florida Statutes. W X h. Florida's public Records Law provides a right of access to the records of the state and local governments as well as to private entitles acting an their t�ehaif. Mess specifically exempted from disclosure by the Legislature, ell materials made or received by a governmental agency(or a private entity acting an behalf of such an agency)in conjunction with official business which are used to LL perpetuate, communicate, or formalize Knowledge qualify as public records subject to public Inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements, However, when a public entity delegates a public function to a private entity,the records generated by the private entity's perfon-nance of that duty become public records. Thus,the nature and scope of the services provided by a private entity determine wheiher that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's , Public Records Law, €. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all Fn subcontractors or ccnsultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements CN and objectives of the Budget and Scope of Work-Attachment A and B-and all other applicable laws and c14 regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1'19, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO 8 THIS NTRA T, CONTACT THE CUSTODIAN OF PUBLIC AT: (85 ) 6.767 , Rocords@em.myflorida.corn, or 2666 Shurnard Oak B*ulevard, Tallahassee, FL 32399. {11) Q-D S a. The Sub-Recipient shall comply with the audit raquirementa r,orEtained in 2 C.F.Ri Part 200, Suf art F. b, In accounting for the receipt and expenditure of.funds under this Agreement,ttl Sub-recipient shall fellow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C,F.r. 200.1, GAAP"has.the meaning specified in accounting standarft issued by the Government Accounting tared rds Board iGAS )and the.Financial Accounting Standards Board(FA�aW)." When conducting an audit of the Subai eclplent's performance under this Agreernent, CN the division shall ose Gerwrally Ar ptsd Goveroment Auditing Standards CGAGW), As defined by,2 cN C,F.R. §200.1, GAGA, „also known as the Yellow book,mean .gen rMy accopied gavernment au&ink st ndar6 issued by the Comptroller General of the United States,which are applicable to financial audits:" d. If an audh showy that all or arty portion of the funds disbumed were not spent ira accordance with the conditions of this Agreenl nt,the Sub-Reclplend shall be held liable for reimb,orsemenl to the Division of all funds not spent in accordance with these applicable regulotionz,and W Agreement provWons within thirty days after the Division has notified the Sub-Recipient of suO non, compliance, e. The Suo-Recipientshall have 0 audits completed by an independent auditor,which is.defined in section Florida Statutes,as'sn independent Certified pubilo 00countant licensedLL under chapter 473." The independent auditor sh all stale th t the audit cor'nlatied with the appli,�bl�. provisions notedabove. The audit must be received by tho.Division no Eater than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in 8=rdanco Wraith 2 ,F.R. fart 200, by or on behalf of the Sub-Recipient,to the Division at the following address: OEM S1ngl Ati6 Qem Tnyfforlda.corn Office of the Inspector Ganerat 2655 Shumard Oak Boulevard N Florldo W99-210G N g. The Sub-Recipient sh,911 send the Single Audit reporting package and Form SF-SAG to the Federal Audit ClearinghQirse by submission online at: )itt :ifi��rvest i, tit s. vla`a l ofE ctld eind x.ft h. The Sub-Recipler4 sf roll send.any mona merit fetter issued by the auditor to the Division at the followin .address: DEMS!ngleAudlt@em,myflorida.com PR Office of the Inspector General 2556 Shumard Oafs Boulevard Tallahassee,Florida 32399-2100 (12) a. Consistent with 2 C,F,R.§200.328,the Sub-recipient shall provide the Division with quarterly reports and a close-out report. These reports sluff include the currant status and progress by the Sub-Recipient and all subcontractors In completing the work described in the Scope of Work and the expenditure of funds under this Agreement,in addition to any other information requested by the Division. b, Quarterly reports are due to the division no later than thirty(30)days after the and of CN each quarter of the program year and shall be sent each quarter until submission of the close-out report. `N The ending dates fat•each quarter of the program year are March 31, June 30, September 30,and LL December 31. c. The close-out report is due 60 days after termination of this Agreement or 30 days after completion of the activities contained In this Agreement,whichever first occurs, d, If ail required reports and copies are not sent to the Division or are not completed in a U manner acceptable to the Division, then the Division may withheld further payments until they are X completed or may take other action as stated In Paragraph(16)REMEDIES, "Acceptable to the Division" means that the worts product was completed In accordance with the Budget and Scope of Work. e. The Sub-recipient shall provide additional program updates or information that may be required by the Division, f. The Sub-Recipient shall provide additional reports and informatfon identified in Attachment B. (13}MONITORING. a. The Sub-Recipient shall monitor its performance under this Agreement,as wail as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance.goals are being achieved. A review shall be done for each function or activity In Attachment B to this Agreement and reported in the quarterly report. b, In addition to reviews of audits, monitoring procedures may include, but not be limited `N cN to, Can-site visits by Division staff,limited scope audits, and/or other procedures, The Sub-Reclplent agrees to comply and cooperate with any monitoring procedures1processes deemed appropriate by the Division, In the event that the DlAsion determines that a ilrnfted scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to oompiy with any additional instructlons provided by the division to the Sub-Reclplent regarding such audit. The 5ub•Recipient turther agrees to comply and cooperate t0 with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition,the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIAZIL` Y a, Unless Sub-Reclpient is a State agency or subdivision,as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deais with In carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes,Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. l°or purposes of this Agreement, Sub-Recipient agrees that It is not an employes or agent of the Division but is an Independent contractor. car b. As required by section 766.28(19), Florida Statutes, any Sub-Reolpient which is a Q CN state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully >- LL responsible for Its negligent or tortious acts or omissions which result in claims or suits against the Division,and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768,28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Reciplent 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 psrtles in W X any matter @rising out of any contract. (1 fi)2ffiA LT If any of the following events occur("Events of Default"),all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however,the Division may make payments or partial payments after any Events of Default without waiving the right to exorcise such remedies, and without becoming liable to make any further payment if: a, Any warranty or representation made by the Sub-Recipient In thle Agreement or any previous agreement with the Division is or becomes false or misleading in any respect,or if the Sub- X Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any previous agreement with the Division and has not cured them In timely fashion,or is unable or unwilling to meet its obligations under this Agreement; Fn b. Material adverse changes occur In the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice Is sent by the Division; N c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with Incorrect, incomplete or insufficient information;or, c� d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. {1E}RL�ME �S lI If an Event of Default occurs,then the Division shall, after thirty calendar days written notice to the Sub-Reclpient and upon the Sub-Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed In the United States,first class mail, postage prepaid, by registered or cert€fied hail-return receipt requested, to the address in paragraph(3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; cN d. Require that the Sub-Recipient refund to the Division any monies used for Ineligible Q CN purposes under the laws, rules and regulations governing the use of these funds. LL e, Exercise any corrective or remedial actions,to include but not be limited to: I. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, IL Issue a written warning to advise that more serious measures may be taken U if the situation is not corrected, W Ill. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities In question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs Incurred for any items determined to be Ineligible; LL f. The Division may Administratively close an Agreement.The Division may use the ' administrative close-out process when a Sub-Recipieni is not responsive to reasonable efforts to collect required reports needed to complete the standard close-out process.The Division will make three written attempts to collect required reports before initiating administrative close-out, In addition, If an agreement is administratively closed,the Division may decide to impose remedies for noncompliance per 2 C.l~,R. §200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future awards, If the Division needs to administratively close an agreement, this may negatively impact a Sub-Recipient's ability to obtain future funding. g. Exercise any other rights or remedies which maybe available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this CN Agreement or provided at law or in equity. If the Division waives any right or remedy In this Agreement or cN falls to insist on strict performance by the Sub-Recipient, it will not affect,extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any c� other default by the Sub-Recipient. 12 a. The Division may terminate this Agreement for cause after thirty days(30)written notice. Cause can include misuse of funds,fraud, lack of compliance with applicable rules, laws and regulations,failure to perform on time, and refusal by the Sub-Recciplent to permit public access to any document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes,as amended. b. The Division may terminate this Agreement for cause after rejecting an appeal submitted due to noncompliance, nonactivity, and/or a lack of expenditures for four(4)consecutive quarterly reporting periods, c, The Division may terminate this Agreement for convenience or when it determines, in Its sole discretion, that continuing the Agreement would not produce beneficial results in line with the N further expenditure of funds, by providing the Sub-Recipient with thirty calendar days prior written notice. N d. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. e, In the event that this Agreement is terminated,the Sub-Recipient wilt not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the U notification of termination. The Sub-Recipient will cancel as many outstanding obligatimB as possible. X Costs incurred after receipt of the termination notice will be disallowed. The Slab-Recipient shall not be relieved of liability to the Division because of any breach of A lreement by the Sub-Reo:npisnt, The Division may, to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount,of damages due the 47ivlsiion from the Sub-Reoipiant is dalerminad, {18]i?RQCURF�IuI�NT a. The Sutra-Recipient shall ensure that any procurement invoMng funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 G F,R, §§200,318 through 2130.327 as we4 as Appendix 11 to 2 C,F.R• Part 21DO (entitled"Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b, As required by 2 G.F.R. §2at].318(1), the Sub-Reclptent shall"maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the foilowing,. rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price," C. As required by 2 R. §200.318{b), the Sub-Recipient shall"maintain oversight to `N O.F. cN ensure that contractors perform in accordance with the terms, conditions, and specifications of thelr contracts or purchase orders N In order to demonstrate compliance with this requirement,the Sub- Recipient shall document, in its quarterly report to the Division, the progress of any and elf subcontractors performing work under this Agreement, i3 d. Except for procurements by micro-purchases pursuant to 2 C,F.R,9200,32D(a)(1)or procurements by small purchase procedures pursuant to 2 C.F',R.§200.320(a)l(2),if the Sub-Recipient chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall forward to the 1)lvislon a copy of any solicitation(whether commpe%vs or non-competitive)at least ten (10) days prior to the publication or communication of the softitatbon. The Division steal}review the solicitation and provide comments, if any,to the Sub-Recipient within seven(7)business days, consistent with 2 G,F.R. §20Q,325,the Division will review the solicitation for compliance with the procurement standards outlined in 2 G.F.R.§§200,318 through 200.327 as well as Appendix H to 2 C•F.R. Part 200. Consistent with 2 C,F,R.§200.316(k),the Vvision will not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solloitatlon, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity N or service speelkatlons, The Dlvision's review and comments shall not constitute an approval of the >_ solicitation, Regardless of the Divlsion's review,the Sub-Recipient remains bound by all applicable laws, regulations,and agreement terms. if during)is review the Division identifies any deficiencies,then the UvislQn shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the LU seven M business day window outlined above. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient,then the Division may, U LU 1. Terminate this Agreement in accordance with the provisions outlined in LU X paragraph(17)above; and li, Refuse to reimburse the Sub-Recipient for any costs associated with that soilcitation. LU e. Except for procurements by micro-purchases pursuant to 2 C,F.R,§200.320(a)(I)or procurements by small purchase procedures pursuant to 2 C,F R. §200,320(a)(2),#the Suit-Recipient chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments,if any,to the Serb-Recipient Vthln seven(7) business days. Consistent with 2 C.F'.R, VOID,325,the division will review the,unexecvted contract for LU X ❑ompilance with the procurement standards outlined in 2 C.F.R.§§200.318 through 200.327 as well as Appendix 11 to 2 C.F R. Fart 200. Consistent with 2 C.F.R.§20CA18(k),the Division will not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to execute a subcontract,th'ss review may allow the Division to identify deficiencies In the N terms and conditions of the subco1ract as Weil es dekienclos in the procurement process that led to the cis subcontract, The Division's review and comments small not constitute an approval of the subcontract. Regardless of the Dlvislon's renew,the Sub-Recipient remains bound by all applicable laws. regulations, and agreement terms, If during its review the DivWon identifles any deficiencies, then the Division shall communicate those defictencles to the Sub-Recipient as quickly as possible within the seven (7)business 14 f day window outlined above. If the 5uh•ReOpiertt executes a subcontract rafter receiving a communloatlon frorn the Division that the subcontract is non-compliant,than the DMslon may: i, Terminate this Agreement in accordance with the provisions outlined in paragraph (17)above;and, li. Refuse to reimburse the Sub-Reciplent for any costs associated with that subcontract, f, The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement,(ii)the subcontractor is bound by all applicable state and federal laws and regulations,snd(W)the subcontractor shall hold the ❑ivision and Sub-Recipient harmless agair+at 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. effected `D cN g. As required by 2 D.F.R. §200,318(c)(1),the Sub-Recipient shall"maintain written >_ LL standards of conduct covering conflicts of interest and governing the actions of its errnpioyees engaged In the selection, award and administration of contracts," h. As required by 2 C,F.R.§200.315(b)contractors that develop or draft specificatlons, requirements,statements of work,or invitations for bids or requests for proposals must be excluded from competing for such procurements.The Sub-Recipient or pass-thru entity must disclose to the Division,in c) writing, any real or potential conflict of Interest that:may arise during the administration of the federal W award, as defined by federal statutes or regulations,or their own existing policies,within five(5)days of learning of the conflict of Interest. "Conflict of interest"is considered as any situation where an employee, officer, or agent, any members of his or her Immediate farnliy,or his or her partner has a close personal relationship, business relationship, or professional relationship,with a recipient or subreciplent. , i, As required by 2 C,F.R. §200.319(s),the Sub-Recipient shalt conduct any procurement under this agreement"In a manner providing full and open competition! Accordingly,the Sub-Recipient shall not: i, Place unreasonable requirements on firms In order for them to qualify to do X business; li. Require unnecessary experience or excessive bonding; ill. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retalner cN CD contracts; cN v, Authorize,condone, or Ignore organizational conflicts of interest; vl. Specify only a brand name product without allowing vendors to offer an equivalent; 15 vii, Specify a band name product instead of descrlbitig the perIcirmance, speclflcations, or other-relevant requirements that pertain WAIIG CORAModity�r WviQU solicited by the procurement; vill. Engage in any arbitrary action duririg th procurement process, or, ix. Allow a vendor ta.Wd on a contract if that bidder was involved with developing Qr drafting the specliflcations, ragvirem nits,statement of work, Invitation to bid, or request for proposals. "lEjxoept in thaso cases whare appiicablo Federal statutes expressly mandate or encourage"otherwise,the Sktb-Redpient,as.mquired by 2 C.F.R� §200.319(o), .hail not use a geographic.preforence when pro�,a3r'€sag commodities or services urlder this Agreement. k, Pw Szsb-Recipient ahsh conduct any procurernent involving invitations to bid{i.e. CN CD CN sealed bid )in accordance wiih 2 C.F.R. §200,320(b)(1)as well as section 287.057(1)(a), Flohda >_ Statutes. LL 1. The Sub-Recipient shall conduct any procurement involving requests for proposals %e.Ompetitiue proposals) in accordance with 2 C.F.R. §200,320(b)(2) as well as secflon 287,0 7(li (b), Modda Statist . m. For each subcontract,the Sub-Recipient shall provide information to the I)Nisiorl as U try whether t'neit subQvntractor is a minority business enterprise, as defined in Seodon 285.70�,Florida X ,,t act on the required ProGurement Method Report Form 5). Additionally, the Sub-Recipient shall comply with.the roquirenTento of 2 C.F,R. 200.3 1 ("Contracting with amall and minority businesses, wo sews burliness enterprises,and labor surplus area firros"). n, FEI A has developed helpful re3ouroDs for Sub-RObiOnO using federal grant funds U , for procurements. These resouross are generally available at tt�liv vyE+f rr,ac g gr st�sF rocur� nt, F NIA periodically updates this resource page so please check back for the latest iffom)ati€n. WAe.not all the prowsiona discussed in the resources are applicable to this sulIgmht agmement,the Sub-Recipient may Find these resources helpful when drafting its sollcRotion and contract for compliance vitro the X Federal procurement standards ou ined in 2 C.F.R. §20Q., 18 through 200,327 tts well as Appendix 11 to 2 C.F.F . Part 200. (1 9) T S AN xHi lES a. All aTfochments to this AgreerOwt are inramporated as if set out fully,. b. !n the event of any in nsistersci or con lot between.the language of this cN Agreement and the attachments,tMe languages of the attaohrnents shall control, but:only to the extent of cCD D the conflict or inconsistency. c, This Afire.event has the f0owing attachments: L Exhibit.I -Funding Sources i's. Exhibit 2—Certiflcat'ion Regarding Telecom sunlcations and.video Restriction l i I !J, Exhibit 5 Gert%atkm Regarding Lobbying iv. Attachment A—Program Budget V. Attachment 13—Scope of Mork vi, Attachment C—Deliverables and Performance vii, Attachment D—Program Statutes and Regulations vlil. Attachment E—Justlficatlon of Advance Payment Ix. Attachment F--Warranties and Repmsentations x, Attachment G—C:ertlfication Regarding Debarment,Suspension, Ineligibility and Voluntary.Exclusion xf, Attachment 11--Statement of Assurances xil, Attachment I—Mandatory Contract Provisions N Ai. Attachment J—Financial and Program Monitoring Guidelines >_ Av. Attachment K—EI-IP GOdelines xv. Attachment L—Raknbursement Ch%klist a E Iu lvT8 a. if the necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the federal Office of Management and Budgeting,the State Chief U Financial Officer or under subparagraph(g)t�.of this Agreement, ai)obligations on the part of the Division W to make any further payment of funds shall terminate, and the Sub-Reciplent shall submit its ctoseaut report within thirty days of receiving notice from the Vvislon. Jr. Involces shall be submitted at least quarterly and shall include the supporting LL documentation for all caste of the project or services. The final Invoice shall be submitted within thirty(30) , days after the expiration date of the agreement, An explanation of any circumstances pmNl6hing the submittal of quarterly invoices shall be submitted to the[]NWon grant manager as part of the Sub- Reelpient's quarterly reporting as referenced in Paragraph (12)of this Agreement. c. Any advance peyment under this Agreement is subject to 2 C.F.R.§240.306 and, as X applicable, section 216.181(16), Florida Statutes. All requests for advance payments w111 be reviewed and considered on a case-by-case basis,All advances are required to be held In an interest-bearing account. if an advance payment Is requested,the budget data on which the request is based,and a justification rn statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance peyment needed and provide an explanation of the necessity for and proposed use of these N funds, No advance aR all be accepted for processing if a reimbursement has been paid prior to the N submittal of a request for advanced payment, After the Initial advance,if any,payment shall be made on a reimbursement basis as needed. c� 17 s21) CAP YMENTS a. All refunds or repayments due to the i MBv on under this Agreement are to be made payable to the order of"D(vieion of Emergency Management", and mailed directly to the following address: 01vis)on of Emergency Management Cashier 2556 Shumard Oak Boulevard Tallahassee K 32399•2100 b. In accordance wig section 215.34(2), Florida Statutes, if a check or other draft is returned to the Olvisian for collection, Sub-Reciplent shall pay the Division a service fee of$15.00 or 511/6 CN of the face amount of the returned check or draft,whichever is greater, CN 2 A DATEO CONDITIONS a, The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request,or in any submission or response to Will the requirements of this Agreement. All of said information, representations,and materials are incorporated U by reference. The inaccuracy of the submissions or any material changes shall, at the option of the x Division and with thirty days written notice to than Sub-Reciplent,cause the termination of this Agreement and the release of the UNision from all its obligations to the Sub-recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Cirouit Court of Leon County. If any provision of this Agreement is in conflict with any appVcable statute or rule, or is unenforceable, then the provision shalt be null and void to the extent of the conflict, and shall be severable, but shall not lnvaiidate any other provision of this Agreement. c, Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement, d. The Sub-Recipient agrees to comply with the Americans With D;sabliltles Act(Public Law 101-336,42 U.S.C. Section 12101 pt leg 1,which probiif its discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation,State and local Fn government services,and telecommunications. e. Those who have been placed on the convic d vendor fist follnwing a conviction for a `�' N public entity crime or on the discrirr�inatory vendor list may not submit a bid on a contract to provide any goods or services to a puf)ilc entity, may not submit a bld on a contract with a public entity for the construction or repair of a public building or public work,may net submit bids rm faases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contraot with a public entity, and may not transact business with any public entity In 1� excess of$25,000.40 for a period of 35 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list, f, Any 5ub�Reclplent which Is not a local government or state agency, and which receives funds under this Agreement from the federal government,certiflas,to the best of Its knowledge and belief, that it and its principals: L Are not presently debarred,suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a fede4 department or agency; li. Have not,within a five-year period preceding this proposal beers convicted of or had a civil Judgment rendered against them for fraud or a crirnlnal offense in connection with obtaining, attempting to obtain, or performing a public(federal,state or loca))transaction or contract under public transaction; violation of federal or stags antitrust statutes or commission of embezzlement, theft, forgery, CN bribery, falsification or destruction of records,making False statements, or receiving stolen property; `N Ili. Are not presently indicted or otherwlse criminally or civilly charged by a governmental entity(federal,state or locale)with commission of any offenses enumerated In paragraph (22)f. it.of this certification};and, ire, Have not within a five-year period preceding this Agreement had one or more public.transactions tfederal, state or local)terminated for cause or default. U g. If tha Sub-Recipient Is unable to certify to any of the statements In thls certification, x then the Sub-Recipient shall attach an explanation to Chia Agreement. h. In addition,the Sub-Recipient shall send to the Division (by email or by facsimile transmission)the completed "Certification Regarding Debarment,Suspension, lneligi'bility and Voluntary Exclusion"(Attachment 0)for each Intended subcontractor which Sub- Recipient plans to fund under this Ag room ent. The form must be received by the Division before the Sub-Recipient enters Into a contract with any subcontractor. 1, The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, latters or other material subject to the provisions of chapter 119, Florida Statutes,which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily Invest any advances of funds under this Agreement, any interest fneome shall either be returned to the UvWon or be applied against the Division's obilgation to pay the contract amount. k. The State of Florida will not intentionally award pubiicfy funded contracts to any Q contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contelned in 8 U&C, Section 1324a(e)(Section 274A(e)of the Immigration and NadonalityAct ("INA')], The Division shall consider the employment by any contractor of unauthorized aliens a violation of SocUon 274A(e) of the INA, Such violation by the Sub_Recoent of the employment provisions 19 contained in Section 274A(e)of the INA shall be grounds for unliatsrai cancellation of this Agreement by the division, L Section 287.05805,i✓lodda Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or pailtical subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law, m, Unless preempted by fedoral law,the Division may, at Its option,terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F,S.,or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized CompaMes witt's Activitisx in the)ran Petroleum Energy Sector List,or been engaged In cN CN business operattans In Cuba or Syr)a, or to have been placed on the Scrutinized Companies that Boycott >- Israel List or is eNaged in a boycott of Israel. t23)�.Q.�$,..�fi�G PRfSH)SITl9i� a. 2 C,RR §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids U appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant W or contract prohibit the expenditure of funds for the purpose of lobbying the.Legislature,the judtolai broach, or a state agency." c, No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d, The Sub-Recipient certifies, by its signature to this Agreement,that to the best of his or her knowledge and belief. i. No Federal appropriated funds have been paid or v+►iif be paid, by or on X behalf of the Sub-Recipient,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employes 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 enteft into of any cooperative agreement, and the extension, continuation, renewal,amendment or modification of any Federal contract, grant, loan or cN cooperative agreement. Q CN il. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress In connection with this Federal contract, gram., loan or cooperative agreement,the Sub-Recipient shall complete and submit Standard Forrn-LLL,"D]sc)osura of Lobbying Activities." iii. The Sub-Reciplent shall require that this certification be included In the award documents for all subawards(including subcontracts, subgrants, and contracts under grants, loans,and cooperative agreements)and that all Sub-Recipients shall certify and disclose. lv, This certfficatlon is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certiflcattnn is a prerequisite for making or entering into this transaction Imposed by Section 1362,Title 31, U,S.Code. Any person who falls to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. v, if this subgract agreement amount is$100,000 or more,the Sub-Reclp€ent, and subcontractors,as applicable,shall sign Attachmeot M—Certification Regarding Lobbying. (24)COPYRIG T. PATENTAND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RfaHTS ACCRUING C' UNDER OR IN CONNECTION WITH THIS PERFORMANCE OF THIS Af3RESMEMT ARE HEREBY RESERVED TO THE STATE OF FLORIDA;AND,ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH T14E PERFORMANOE OF THIS AGREEMENT ARE HEREBY TRANSFERREi]BY THE SUB•RECIPIENT TO THE STATE OF FLORIDA. a. If the Stet,-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall U retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides x otherwise. ta. If any discovery or invention is developed In the course of or as a result of work or services performed under this Agreement, or In any way connected with it,the Sub-Recipient shall refer the discovery or Invention to the DIvlsion for a determination wY ether the State of Florlde will seek patent LL protection In Its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. if any books, manuals,films,or other copyrightable material are produced, the Sub-Reciplent shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florlda. c. Within thirty days of execution of this Agreement,the Sub-Recipient shall dlsolose Wi Intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and 94tiements to any pre-existing intellectual property which is disclosed, Failure to disclose vrH indicate that no such property exists. The Divislon shall then, under Paragraph(24)b.,have the right to 0 patents and `N cN copyrights which accrue during performance of the Agreement. d, If the Sub-Recipient qualifles as a state university under Florida law, then, pursuant to section 9004.23, Florida Statutes, any invention conceived exclusNefy by the employees of the Sub• Recipient shall become the sole property of the Sub-Recipient. in the case of joint inventions,that is inventions made jointly by one or more ernptoyees c�t5oth parties heteto, each party shall have an equal, 21 i undivided Interest In and to such joint Inventions, The L7€vision shall retain a perpetual,Irrevocable,#uI(y- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented,copyrighted or trademarked work products, developed solely by the Sub-Reclplent, under this Agreement,far F€orida government purposes. {25}��GAL AI�Fi ?�R.1�AI101� The Sub-Recipient certifies that It has the legal authority to receive the fends under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub- Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub- Recipient to the terms of this Agreement, (2'3 iEQUAV OPPORTU—ITY EMELOYMEN a, In accordance with 41 C,F.R, §60.1,4(b),the Sub-Reclplent hereby agrees that it will C' cN ftorporate or cause to be incorporated into any contract for construction work, or modification thereof, as >- LL defined In the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whale or In part wM)funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Fedeml!program involving such grant, contract, loan, Insurance, or guarantee, the following equal opportunity clause: U Curing the performance of this contract, the contractor agrees as follows: W I. The contractor will not discriminat©against any employee or oppiicant for employment because of race, color,religion, sex, sexual orientation, gender Identity,or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, , color, religion, sax,sexual orientation,gender Identity,or national orlgln. Such action shall include, but not be limited to the fallowing: Employment, upgrading, demotion, or transfer; mcrultm$nt or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for tralninrq, including apprenticeship. The contractor agrees to post In conspicuous places,available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscriNnation alause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behaW of the contractor,state that all qualified applicants will receive considerations for employment Without regard to race, color, religion, sex, sexual orientation, gender identity, or C14 national origin, N Ill. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about,discussed,or disclosed the compensation of the employee or applicant or another employee or applicant, This provision shall net apply to instances in which an employee who has access to the compensatlon Information of other employees or applicants as a part of such employee's essential job 22 1 I i functions discloses the compensation of such other employees of applicants to indlvduals who do riot otherwise have access to such information,unless such disclosure is In response to a formal complaint or charge,in furtherance of an Investigation, proceeding, hearing, or action,includlag an investigation conducted by the employer, or is consistent with the contractor's iagrai duly to furnish Information. iv, The contractor wlil send to each labor union or representative of workers with which he has a collective hargalning agreement or other contract or understanding, a notice to be provided advising the said labor uNon or workers'representatives of the contractor's commitments under this section and shall post copies of the notice In conspicuous places avalleble to employees and applicants for employment. v, The contractor will comply with alt provislons of Executive Carder 11246 of September 24, 1965, and of the rules, regutations,and relevant CN orders of the Secretary of Labor. CN vi. The contractor will furnish all information and reports required by >_ Executive Order 11246 of September 24, 1965, and by rules, regulations,and orders of the Secretary of labor, or pursuant thereto, and will permit access to his books, records,and accounts by the administering agency and the Secretary of labor for purposes of investigation to ascertain compliance with such rules, rsegviatioms,and orders. U vil. In the event of the contractor's noncompliance with the W nondiscrimination clauses of this contract or with any of the said rules, regulations,or orders,this contract may be canceled,terminated, or suspended in whole or in part and the wntractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Sxecutive Order 11246 of September 24, 1965, and such other sanctions may be unposed and remedies invoked as provided in Exeoutive Order 112,46 of September 24, 1965, or by rule, regulation, or order of the Secretary of Mbar,or as otherwise provided by Iaw. vill. The contractor will include the po tlon of the sentence immediately preceding paragraph(1)and the provisions of paragrapna (1)through(8)in every subcontract or purchase order unless exempted by rAs, regulations, or orders of the Secretary of Labor Issued pursuant to section 234 of Executive Carder 11246 of September 24, 1965, so that such provisions MI bs binding upon each subcontractor or vendor, The contractor will take such action with,respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provlslons, Including sanctlans for noncompiiamce: Provided, however, that in the event a contractor becomes involved in,or CN is threatened with,litigation with a subcontractor or vendor as a result of CN such direction by the administering agency the contractor may request the United States to enter loto such iitiga'tlon to protect the interests of the United States. c� b, The Sub-recipient further agrees that k will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided,that if the applicant so participating Is a State or local government,the above equal 23 i i opportunity clause Is not applicable to any agency,instrumentality or subd4vWoa of such government which-does not participate in work on or under the contract. c. The Sub-ReOplent agrees that it will assist and cooperate actively with the adminlstering agency and the Secretary of labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the 5eeretary of labor,that It will furnish the administering agency and the Secretary of Labor such information as they may require for the supervlslon of such compliance, and that it will otherwise assist the administering agency to the discharge of the agency's primary responsibility for securing compliance. d, The Sub-Reclpient further agrees that It will refrain from entering Ao any contractor contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from,or who has not demonstrated eligibility for, Government contracts and federally assisted `� cN construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for >_ violation of the equal opportunity clause as may be Imposed upon contractors and subcontractors by the administering agency or the Secretary of labor pursuant to Part 11,Subpart D of the Executive order. In addition,the Sub-Recipient agrees that if It fails or refuses to comply with these undertakings,the administering agency may take any or all of the foflowing actions; cancel,terminate,or suspend In whole or In part thfs grant (contract, loan, insurance,guarantee); refrain from extending any further assistance to W the Sub-Recipient under the program with respect to which the failure or refund occurred until satlsfaotory W assurance of future compliance has been received from such SubAecipient;and refer the case to the Department of Justice for appropriate legal proceedings. (27)CC7P5 ©A TE- A ACT W The Sub-Recipient hereby agrees that, unless exempt under Federal lay,A will , Incorporate or cause to be incorporated into any contract for construction work,or modification thereof, the felloMN osausw I. Contractor, The contractor shall comply with 48 U.&C. §874, 40 U.S.C. §3145,and the requirements of 29 C.F.R. pt. 3 as may be appllcabis, which are incorporated by reference Into this contract. H. Subcontracts, The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the 1"EMA may by appropriate instructions require, and also a clause requiring the subcontractors to Include these clauses In any lower tlor subcontracts, The prime contractor shall be responsible for the comfy}lance by any subcontractor or lower tier subcontractor with all of these contract CN clauses. Q cN fli. Breach. A breach of the contract clauses above may be grounds fcw%rmMotion of the contract, and for debarment as a contractor and subcontractor as provided in 28 C,P.R. §5.12. 28 CQAITI ACT_V41DRK H UR &QJAFETY STANDARDS If the Sub-Recipient,with the furls authorized by this A+greemert, eaters into a contract that exceeds$100,000 and Involves the arnpioymant of mechanics or laborers,then any such contract 24 must include a provision for compfiance with 40 U.S.C. $702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours, Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of riot less than one and a haft times the basic rate of pay for all hours worked In excess of 40 hours In the w mk weak. The requirements of 40 U.S,C. 3704 are applicable to constructfan work and provide that no laborer or mechanic must be required to work In surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materlals or articles ordinarily available on the open market,or contracts for transportation. (29)-QLg6NAR 6QjA1Nl7 Hg PEE) E OLLU O TR AC7 If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract CN that exceeds$150,000,then any such contract most include the following provision, >- Cont►•mtor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S,C, 7401-7671q) and the federal Water Pollution Control Act as amended(33 U.S,C. 1261-1387)and wlf4 report violations to FEMA and the Regional Office of the Environmental Protection Agency(SPA). U If the Sub-Recipient,with the funds authorized by this Agreement, enters Into a contract, then any such contract must inoluds the folioWng provisions: I. This cantract is a covered transaction for purposes of 2 C.F.R. pi. 180 and 2 C.F.R. pt, 3000. As such the contractor is required to verify that none of the contractor, Its principals(defined at 2 C,F,R. § 180,996), or Its affiliates(defined at 2 C.F,R, § 180.905)are excluded (defined at 2 C.F.R.§ 180.940)or disqualified(defined at 2 C.F.R.§ 180.935}. ii. The contractor must comply with 2 C,F.R, pt. 180,subpart C and 2 C,F,R, pt. 3000, subpart C and must Include a requirement to comply X with these regulations in any lower tier covered transaction it enters into, ill, This certification is a material representation of fact relied upon by the Division. if It is later determined that the contractor did not comply with 2 C.F.R, pt, 180, subpart C and 2 C.F.R. pt, 3000,subpart C,In addltion to remedies available to the Division,the Faderal Government may pursue available remedies,Inaltdng/cut not limited to suspension and/or debarmentr cN cN iv, The bidder or proposer agrees to comply with the requirements of 2 C.F.R.pt, 180, subpart G and 2 C.F.R, pt, 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in Its lower tier covered transactions. 25 I i (31y_3YRD ANTI-LOBBYING AMENDMENT if the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendmen( 31 U,S,C, § 1352(as amended), Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that It will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant, or any other award covered by 31 U.S.C, § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place In connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the c14 recipient. c14 If the Sub-Reciplent enters into a contract with a subcontractor for an award of$100,000 or more, the subcontractor shall sign Attachment M Certification Regarding Lobbying. 132) �QNTRAC_ 7�ING WITH, ALL AND WLNQB1T 8U$KE_ SE6,VOMEN',�..RUSINESS gUU _6U0 LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure U goods or services,then, in accordance with 2 C,F.R,§200.321,the Sub-Recipient shatt take tha following X affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used enev Bible: I. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; LL li. Assuring that srnell and minority businesses, and women's business enterprises are solicited whenever they are potentiel sources; iii. Dividing total requirements,yyhan�c4norr�iGa1}v fusible, Into smaller tasks or quantities to permit mwdmurn participe lon by small and minority businesses, and women's business enterprises; W Establishing delivery schedules,wheM the reau're gilt permits,which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance,as apo# pr) ta, of such organizations as the Small Business Administratlon and the Minority Business Development Agency of the Department of Commerce;ar�d cN cN vi, Requiring the prime contractor, if subcontracts are to be let,to take the sn4rmsOve steps 4lstad in paragraphs i.through v. of this subparagraph. b, The requirement outlined In subparagraph a. above,sometimes referred to as "sooloeconomic contracting,"does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Bather,the requirement only imposes an obligation to carry out and document the six affirmative stops Identified above. 26 a The"socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient most take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and m1norftybusinesses and women's bUsiness enterprises. cl. The requirement to divide total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and wv-nen's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase threshoids so as to utilize streamlined acquisition procedures(e.g.`pro ect spQttin"), The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment H. N Q IN WITNESS WHEREOF,the parbesherato have executed'this Agreement, N LL §jJ1B-RECIPIEN7: CIT�,,6� MIAMI FIFE RESCUE W By� Name and Thje,. Arth�%orle a Cit Man, r Cit ine U W Date:-- — x W FID# 59-60003'75 < 0 2 If signing electronically: Sy providing this electrionic signature, l am altesting that I undorstand that 2 W a eJectronic signatures are legally binding and have the saine rneanfnq as handwritten signatures. I am also u- confirming that intoinal controls have boon rnaintained, Lind that policies and procedures were properly followed to ensnare the authenticity of the electronic signature. This statement is to certify that I confirm that this electronic signature is to be the legally binding oquivolent of my handwrItten signature and that the data on this form is accurate to the bast of my x W knowledge. 0 2 STATE OF FLORIDA r (n < DIVISION EMERGE MANAGEMENT' C14 W1 , mom N11[ CN By: Name and A evin Guthrie. Director E 27 4 f i E X141SIT w I i THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-REVPIENT UNDER THIS AGREEMENT: Federal Program:HQM"ND SECURITY GIANT BOGR K Federal Agency. e a Catalog of Federal Domestic Assistance title and number;97,fjS7 Award amount: $_i4,012,60.0.00 THE FOLLOWING COMPLIANCE REQUIREMEN'rS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT"; `N cN Federal Program;�A SEG'uRlTY GRANT PRQgBM List applicabie compiience regcrframellts as follows: I. Sub-Reciplent is to use funding to perform elJgfble acdvittes as ldan%ad FY 2021 Department of Homeland Security Notice of Funding QpporWnity. U x 2. Sub-Reciplent is subject to all administrative and financlal requirements as set fortis In this Agreement or will not toe In compliance with the terms of the Agreement. 3. Sub•Reclpfent must aompiy with specific laws, rules,or regulations that partaln to hose the awarded resources rnust be used of how aligiVity determinations are to be made. NOTE.,2 C.F.R. fart 200,and section 216.97(6)ta),Rorida Statutes, require that the Information about Federat Programs and State ProjKts included En ExhiUt'I be provided to the Sub-Reciplent, x c1s c1s c� 28 ]EXHIBIT--2 Certification Regarding 7elecommunlicat(ons and Video Restrictions Effective August 13,2020, DHSIFEMA Sub-Recipients, as well as their contractors and subcontractors, may not use grant funds under the Nonprofit Security Grant Program covered ay this Agreement and provided in FY 421 or previous years to: 1. Procure or obtain, extend or renew a contract to procure or obtain, or enter Into a contract to procure or obtain any equipment, system, or service that uses"covered telecommunications equipment or services"as a suistan(W or essential component of any system, or as critical technology of any system; or 2. Enter into, extend or renew contracts with entities that use or provide, as part of Its performance of this agreement or any other contractual;nstrument,any equipment, system, or service that uses"oovered telecommunications equipment or services"as a substantial or essential component of any system, or as critical technology as part of any system, N N This prohibition regarding certain telecommunications and video surveillance services or equipment Is >_ mandated by section 889 of the Jahn S.McCain{rational Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA�, Pub, L. No. 115-232 (2018), and 2 G,RR. §200.216. Sub-Recipients may use DHSIFEMA grant funding to procure replacement equipment and services impacted by thls prohibition, provided the costs are otherwise consisteatwM the requirements of the FY 2021 Preparedness Grants Manual, applicable appendix to the Manual,and applicable N©FD, DH51FEMA will publish additional guidance in a subsequent Information Sulletln or similar notice, per section 089(f)(2)-(3)of the FY 2019 NDAA, covered telecommunications equipment or services means: U 1. Telecommunications equipment producedby Htmwei T'echnoiogies Company or ZTS W Corporation,(or any subsidiary or affiliate of such entities); 2. For the purpose of public safety, security of government facilities, physloal security surveillance of critical infrastructure,and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Kkvision Digital Technology Company,or Dahua Technology Company(or any subsidiary or affiliate of such entities); S. Telecommunications or video surveillance services provided by such entities or using such equipment; or 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National lntelNWcs or trio Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by,or otherwise contracted to, the People's Republic of China. In the event the Sub-Reolplent identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as crltical technology as part of any system,during contract performance or at any time or by any other source, the Sub-Recipient shall report the information to the SAA: 1, Within one business day from the date of such identification or notification;The contract number; N the order number(s), if applicable;supplier name;suppi*unique entity identifier{lf known); Q supplier Commercial and Government Entity(CAGE)code(If known); brand;model number (os ginal equipment manufacturer number, manufacturer part number,or wholesaler number); item description;and any readily available information about mitigation actions undertaken or recommended. c 2. Within 10 business days of submitting the aforemsntioned information:Any further available information about mitigation actions undertaken or recommended. In addition,the Sine-Reciplent shall describe the efforts it undertook to prevent use or submission of covered 29 i telecommunications equipment or setvires,and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or Services. Sub-Reglglent. CITY OF MIA MI FiRF-RESCUE Ry__. _�. _ _ T Date: Arthur N rle a git ana er Printed Name and Title r w T if signing elettranically: By providing this electronic signature, l am attesting that i understand that electronic signatures ars legally binding and have the same meaning as handwritten slgpetures. !a►n also confirming that internal controls have been maintained, and that policles and procedures were prnpedly followed to ensure the authontioily of the electronic signature, N N This statement is to certify that I confirm that this electronic signature is to be the legally bind!Pg equivalent of my handwritten signature and that I understand that It is my responsibility,on behalf of the organization, to ensure that we adhere to those restrictions. U x x c14 c14 c� 30 I EXHIBIT—8 CERTIFICATION REGARDING LOBBYING Check the appropriate box; 91 Thls Certification Regarding Lobbying is required because the Contact, Gant, Loan, or Cooperative Agreement will e_xc $100,000 pursuant to 2 C.F,R, Part 200,Appendix II()};31 U.S.C. § 1352; and 44 C.RR. Park 18. ❑ This Certification i5 io required because the Contract, Grant, Loan,or Cooperative Agreement will be less than$100,000. 6PPE WIX A 44 A T 1 rCERTIFICATION REG F DI BBYI , Certification for Contracts, Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that, `N cN 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an offlcer or employee of an 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 granl,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuatEon, renewal,amendment,or madlficatlon of any Federal contract, grant, loan,or cooperative agreement, U 2. if any funds other than Federal appropriated funds have been paid or will be paid to any person X for Influencing or attempting to Influence an officer or employee at any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress fn connection with this Federal contract,grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form,-LLLL,"Disciosure Form to Report Lobbying,"in accordance with Its instructions. 3. The undersigned shall require that the iianguage of this certification be included In the award documents for all subawords at all tiers(including subcontracts, subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly, This oertlf W-Ion is a material representation of fact upon which rellance was placed when this transaction was made or entered into.Subm ssion of this csrtificabon is a prerequisite for making or entering into this transactlon imposed by section 1352,title 31,U.S. Coda.Any person who lolls to file the required certification shali be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The 80-Recipient or subcontractor, CitV of Miami certifies or affirms the truthfulness and accuracy of each statement of Its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C. Chap, 38,Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. `14 c14 Signature of Sub-Reclpientlsubcontractor's Authorized Official At ur N rl�ItLM. er Name and Title of Sub-Reciplentlsubcontractor's Authorized Official []ate 31 ATTACHMENT A Program Budget Below is a general budget which outlines eligible categories and their Allocation under this award. The Sub-Recipient is to utilize the"Program Budget' as a guide for completing the"Budget Detail Worksheet" below. The Equipment category will require Authorized Equipment List(AEI.) reference number. The Authorized Equipment List(AEI) is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency ergency managers, first responders, and other homeland seourity professionals.The list consists of 21 equipment categories divided into sub-categories, tertiary categories,.and then individual equipment items. The AEL can be found at hLtp:lLwwwj ma,aoviauthorized-equipment-list. CN The fray offunds batvmon are cougodes fiaed ill the 4PTOOram Budget and SOUP O of VVEWk"to polmlited, Q CN However,tho 6wasfor of funds botween Issues k,slrkUy prMlblfar >_ LL Award Allocation—Issue 45 $14,750,000.,00 W L) FY 2021 -State Homeland State Management.&Administration W Security Grant Program— withheld 5% x Urban Area Securfty Initfative City of Miami Fire Rescue W Issue#45 Expendable Award Allocation after 5% $14,012,500.00 0 reduction 2 2 LET Type Activities(25%of award W allocation)This amount Is not in u_ addition to the remaining award amount but Instead signifies the amount needed to meet the 25% requirement, Management and Administration .(the dollar amount which corresponds $560,500.00 :E to 4%of the total local agency x W allcoation is shown In the column on the dqht.. 0 2 N Q N E 32 BUDGET DETAIL VVORKSHEET The Sub-ReOpient is required to provide,a cornpleted budget detail workShftlt, to the Division,whl ch acccx.rri,ts for U e total awz4fd as desr',6bed Bn 1he"Proposed Program Budget" If any changes need to be rnade to the"Budget Detail MiRsheet", aft� the execOon of thm aoDmcqnent, contact the Grant Manager listed in tl-Os agreernent via email or letIer, ........... .............. ............. Flonhing,cooks Ouonkity U It,1�oat Total Cost 114 'D"eveIopi`n'g hazard/ffireat-specific annexes that incorporote, the range of prevention, protection, response, and recovery actMties ---------- ------- ...... ................. CN Developing and implernenting homeland secuMy supporl Q CN programs and a(Jopfing ongoing DHS/FEMA national >_ initiatives u_ ........... ........ . ..... ...... ....... . ...... .............. ........................... .............. be v-'e'(o p-i n-9Y-e la te d I e T r o r�s rn a n d o th er ca..t as t ro p h i c eve n t prevention activities .......... ....... ........ w ................ U Developing and enhanc inn phns crod protocols w .......... ......__............ .. .......... ...... ......... . ....... X w 0 Oeve�opinq or conducting assessments ............... ............. ....... ............. W Kfinq of fails o�partAinie staff or contractors/conSUltat'ItS to u_ asshst with planning actiOfiaq(not fo�'the purpose()f Nhnq public safety personnel fulfilling traditional public safety duties) .......... .-_11 I............. .... .... ............................... ........... ................................ Cybersecurity - Planning, Training arid Exercises, , $ (Planning); Line Kom 2021 1 $73497M 73,497.00 .......... b ------- ................ ...... w I Cyersecurity -Metadata Planner; Line X itern 2021-011 1 $431000M $43,000.00 1 < ...............................------- ........... ........... ................ 0 CDVE- Screening, Search and Detection (LP R Analyst); $62,549,00 $62,549A0 4, Line item 202104 N .......... N ................................................ .......... ......... ------- Cross Cutting-Planning (PT E to include Planners and 1 $1,508,967M $1,508,967M i 6 Consultants) ............ _..w_......... ......................... .... ...... E ........... .................... .............. Materials required to condUCt planning activities - ublic Inforniation arid Warning (C/BPAT), Line 20 item 21-04 11 $92,326M $92,326-00 4 .................... ................... .......Frave![/per diem (Oated to planning actNifies ---------- .......... ........... 32A Ov rtra"v eland backf 11 costs (rn accordance wrtfi opearrartioo al 1 ISSUMIce ofMITI-cony bent.l ribaa identification.s Ards .�... . ..... .,,._ ... ..m. �: . ... ...._... Activities to achf eve plannkig rnclusa vc of:peoplewith d�sabilibes and others with access and ftfll&iOna� rie(,,,�ds and Nr cited English pi,oficiency . �,........ ... Ccoor¢ rnat,ion wrtfa ditr (M GOI`�as GOrrracrds.:. w ..,.... .w _... ... ._,_.for r.rbPrcCN II inforrraab on:ledUcation and developtrwnt of volunteer I Q gcscr'r.ra�s f c_ Update governance structures and processes and p fnr- ernergene y cura aninic tions . C ve�Icrf inerit and review arid revision of cont4iuit+_... ..,. _w:..� f U m.. .._ . .. m w j I � ._ r��ce avten.drua�it rrapc fr Wa:t f. .avn s plans and review ard aevrsrnn Of t. a T FAf :R .. _..., �.. ., U_ ( TOALOLANNING JE t t,URES' � G Allowable r eanizatlooW Activities (IISGP and t ETP) � quarstity Unit Cost T t t Cost' tj � Pro rarTi mane riient ........ .m x D v l pine nt of whole CORIMUllity partnershp& ....... v. I�. _ �.., ._._m.. __. _ trrsctrares sand raac cRat:anrsrrr for irrfcar rar atir�ra sharing t�etwr� ra the faub4c and piyate sector _..._.:... .... .... ........ w ....._ . . .......... _ N lnafal n,)entln r�r odeis tarcrgrarns, ,;and workforce � - N enhance�mont rna U tfve s .... _., .. _.. m.. fools, resources,s, n activlfra s that facilitate shared situst:ior4 a:wamness belmeen the public :and private sectors .._......... _.... ......... ............ _ ..., pr,` ........... -----_._.:. _.. _.:. _. r .. j (J tilizati'n of standardized resource _.,, rw ., i National �i�r cousin Advisory yste tara4�lT �), of rep, t vial Linder 0'1e or System,� �' needs 4-7 ..ar . ocral Security Event.. . resultirTcl frary� K �atuair l .._ _ ., µ f a Boa ratrd f��ii nbearsrrnr�t foi° �lr r~t opratroii�l ax r�.ra�� with b Y t measures at critical infraS rciutcire � CN } tesin rued (rap to i50 peicent of theaVocaboa) cN T/lC lntr:rdictrtan and -bisru �..tion (Operational O C"for ., FE approved events; Line items 2021-02 �.. 9 t1r1 .ftti ro, . o fl ., C vertlme for lnforrrro@Uora investigative, and intelligence m.. a9docatror i) _.. haii.rv. activities rr to rC p i e ,t of th...... .w u.. I _ . { .m., ,mi..,,.,. .. .._�_ .... ....... .. �- .. w... U Hiring cab new staff positionslrontractorsla�r"ansk,rCtacit fof . _ i__. � _.,. participation in riitorrnatronhntelliffenc e analysis and sharing groups or,fusion center icbvitie (rap to 50 percent of the � �� allocation) 0 f ylberr ecrarity Cyber Analysts; Line itern 2021 tt1' t, ,.... 2 0,000X0 $290,000.00 .._., lm. w LL Intelligence and Into Sharing i& l:.;Fusion. ... U Center. 6 5"�,at�tA,t�C} 2t� ,;S'r�U Oft _..... .. . __,.._.. .... _ ------------—.__, . . . _ Cost of migrating online services to the « ov"door iairr _. tiew a le� r rue Costs Quantity '' nit Cost 'Total al Cyst 1J# � Design, Develop, Conduct and F.vah) to an Exercises � _. ....._,_ _. __. me.. _._.... _w ...,. .... _.. .... ..._.. _.._.,.. , ,m... __.. N f=rill or PartJirtre Staff as- —FUll or part-time staff r'nay be hired to support exercise-re; ated activities Paynaernt of salaries acid fringe benefits iriust be in accordance with the pokies of the slate or focal unit(s) of � cs government and ha%o�the approval of the state or the awarding agency, whichever is applicable, 'Th sk�rv'Vls 0, con tractorsloonsuItants may also be procured to support the design, developaient conduct and eV'@lraation of GBRNE exercises. The appkant' , procorera ent policy or the l`f,,,�de:r'a l Acquisition Regulations (FAR) r usit be followed :2 , 6eraecurity Planning,Training and Exercises C 1. � � ,���.� �� n � .�� I 1 (Exercises);es);Une itrrn 021 0� � _...,.m. 4.. rr ri"bli',t It eaith r acid E�91S i_. (Development of Closed POO Exercise avid Training � .t $75, 15-00 � $7 ,51 .00 Video); Line item 2021-14 vertirne and back(0 casts Overtrrwie a�,,, �` _ A _ 'rrl backfill costs, ..,.inc luding expenses for part-time and valo mer ermg responsepersennep artcatrr in tEw �exercises .. m � .... ._ e. Implementation o„ f HS EP CN _. I ctivitie� to ar,p'rr�ve.. �.... _. -.... t .....� �... exasc,ises rnr•Iusrve of people wifli it ce s and fk.m trap 9 nee(15 � �dog rblprtse ar�r�ather �th.��,. ....._., ..,_. . ... �._,,...__..w 7 - ,..... ., .._..,...._ ........, ....... ,, r Trave @—Travel costr , � rrfxre, tww4Race derriirrr, tateY, W { w allowable as expenses by employees who are on X travel status for official business related to the planning arid � W condu_ ..' of the exercise p�roject(s)m...� ...._ m. � 0 ct..... ._.._.m .. .. . _ ...... ... _..., . __ . ... ._.v . ....._ ...._n4 _ �. _ ............. ...............'_ _ w Jupo lie m- Supptces ase stemis that are expended or con umed dUring the course of the planning andconduct of the exercise project(s) (e.g.„ copying papef,, gloves, tapa, � non-sterile masks, and disposable protective gUil)rrient). v ........._...._,rv.. .. v...w _.. _,... ,.ry._n. w. ..,... ......._... lameroperable comrnunication s exercises W. i . .... m.....,. ,...._ . ......_ ., _..... -- w r..._,.. 1 � 0 . ._ . � . . . _ .._,.,. Actawite to achieve planning anrrr Of aapla �.... wr th frnnted i English proficiency � ,.... . TOTAL EXERCISE EXPENDITURES $375,SM00 C14 ^r^m N Overtarne and backfill for emergency preparedness and I response pemonn l attending 1-i TEM -spcansored and I cis approved trainrriq cl ssos w..._ mm.. .... m < _ _ .._., _, _.._., __,,.�.. .... .m., _,... �,._... m.,...._ �.. ,....._ 32 Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training --------------------- .............. Training Workshops and Conferences IkEt-M-t—les to achieve disabilities and others with access and functional needs and N Q limited English proficienc N U- ull or Part-Time Staff or Contmcetors/C s ft nts Cyborsecurity-Planning,Training and Uerclsos 1-(L $313,293,00 $313,293.00 1 a ra!n!q91,�!Jne Item 2021-01 W U Travel' W X W 0 Supplies are Items that are expended or consumed during the course of the planning and conduct of the.exerclse W a projeot(s) (e.g., copying paper,gloves, tape, nonasterlle masks, and disposable protective equipment). Instructor certification/re-certification W Coordination with Citizen Corps Councils In conducting trainin2 exercises 0 2 Interoperable communications training V- CN Q C14 Activities to achieve training inclusive people with limited English proficiency E Immigration enforcement training 32 � eal talnl� � rat tailtnewn� Costs The p. * able bed bedow highlights the aliawable equ prnent categories for tht award, A cornprehensive Ca„Maria of thetas Dow@ e egUipra ent categories,r ies, and specific equiptnent Quantity � nit Coat � Taatat Cost � 69iblo under each category, are listen on the web-bais � d version of they Authorized Equipment List(AEL)at Iy � u�Qrw� r t1 uu�w u1ti7��"aiut„ �tr�rid r�trtu �r ��rrt g� rarsonW lar �tar.liv equipment rrnr rag nt Threats On-Scene rru'aaa Security, I�raatar traan erred L�� 19 1 5 Linea itucn 2021 � �. ..... mm�� 6..91t1f1� capranse-On Brans Security, Protection and L (Badl°satic Protection);JA L#01 LE-01- LM,r,01 LE-M-AR R,01 L .-Q 1- 1 $226,218M � 229„218.00 9CN U_ Ewer � fitwr t --Interdiction and LPdarar tdcn(Ram � Suits/Bomb F obot �;AEL402 .01,-BSUT and 02EX-02-IR TL; 199,000,00 19 „900.00 9 � Line Item 2021 0 Ct t� t cta aadra nai earO an rescue ' a ,rrrrR taG Fr+IL; P'9Q d ;tn4dd uCl1-dlVd ! araa119 dVt3gN,„ .. t� x Equipment, w 4.139 10,000,00 1 w �.t ..,.BGP _.._. 01 .... ., .._...._ . _.._ - . _...__... ...... . ,.... �e rse L tt t t11-and eatewcti..tt ���4 1 f'. _ 4413, E .. � �� er�nra , Search and Detection as (Regional LF+ .. 1 Initiatives); ,04A P- T w 1 7,448,aO 8 37, � 004P+tTL, 1 L.'I-00-SURV, 21G14.00-I T,21 t-0t1- ST 1 U_ and 21 N t3 HIp, Lino item 2021 4 r Scene aMm _.$. ,325- 2 b A EL t13 0 -TA me it ern 2 2IL ; Litt21 0 w u... . .. ..__ _._ �aaw t�+, rcwt �t,�an ...��. ._�.. a eta �„ paaat - Iyta � ara,t and Rescue T T nhancernaent ,Tablets,Thermal Irnaging Cameras); w 1 °I84,412,00 184,412.00 9 AL Cr U1 TAw�,„ E 2 Tlt Aa,41 ,Ir� 1- ,r� 6 P; Lave item 2021 12 { t}4FIl td1 IN, 21C - HI �.... .... ._._w� . ... _..� �.._.. _.,.. ...._.,.� m. . ,_....ma.. .w .,_.. ._..._w. .�..... Iesponse-Ora-Scene Security, Protection and L. {NVG � and Lighfl 1 }; AEL 4030 -tt2-TILAa, p c -LT A; Line � 1 ' 486,800.00 $486,800.00 8 � ntcrrn 2021 1 N N intcrrrwatrocurta _.... .. -�. -mam ,..- 49.. ... _.W .. ... .�.m .� . .., .....,�. .�.. u. . a�Y�arrr ogy Covert rxrva iila Technology);and Information f L #t14 #L d f t d tdUW dtt4 _... ..,.r. . ..._m..._ .._ ..... ,m. .. _.. ..._µ.„ .w. E and _ M D- 01-t7CAM, 4 *04-N TW, 4 'W.0 - CA D,04ltf D-O -DISP, 1 99 „941,00 $995,341.00 2 12TF -92•TEQP,030E 02-ROVL, 13IT-0 -INTL,21GN-00-INI T and 21GN-00.00 );Urea Item 2021.02' Enna nc n terw a r�Display); LP 04 I� 1-01SP � 1 $29,9 0.00 ... $29,930.00 _.v. P fltt IIT,Line item 2213 _ �...... __,.....�. _y.n. �, .., . 32 ti i l CDVG-planning (VIR Counter Terrorism Training 1 $170,000-00 $178,000.00 4'� starry; AEL#pAAP'-0$-SiMS; Llne item 2421.04 �... Cross Cutting-Operational Coordinatlon(WehE[OC); 04AP-06-CDSS, 04AP-03-GISS,04$W-04-NIETW,04AP- 1 $255,000.00 $265,000.00 6 42-AVLS 74: u - P 'ff4 - _... .�. ........� s_ ! Emergent Threats-Operatiorml Communleatiom iMierowave $291,000.00 $291,000.00 5 v- Do►n�nlink);AEL,#06CP•03-MWAV; Line Item 2021-06 _ CN CN _�esponsr3--I]perationai Cpmstlut►icatlarss(Rate ,Radfas, Sat phoneslradios,Cellular Come Kits,Overlay);AEL#06CP- N-BASE,06CIP-02-ERD0,06CC-03-SATIYI, 06CP-01-PORT, 1 $703,484.00 $703,484,00 9 06=02.13SAD, 21 GN-00-TRNG,OSCP-01-PORT,06CP4°I- REPT,06CC-03-SA'TS,0301~-014TAC; Llm item 2021-16 ..!max.'-�%_x ...n4:• _•:,.;.�-.�;'. Emsrgent Threats-Screening,Search and Detection(Hazmat Detectors,Monitors,Meters);AEL#07CD-01-IOPMG,07EP-01- W IMOB,07ZU0.NC5F,07RD•02.PRUA.,437CO-01.OPOC,OTCS- 1 $368,735.00 $368,735.00 5 01-KAVC,O7CS41ALCS and 16SC-00-F'M ON; Llne Item 2021- kr. ri . .... ..... n.t. 1 7 ,y p r' a �' � ' t;. finer � :.. -�-...-......., ,. v.. 3.l.e:: ,... 4� .x .,.. _ ..n ..7•.ss•_ 'e3.C . Response-Logistics and Supply Chaln Management (Geoemtorz,Power Ciails,Shelter);AEL.#1080•00-SOLR, 1 $433,355-00 $433,366.110 8 10GE-00-GENR and 19SS-00•BHEL;line Item 2021.11 lam.�'....a.. r' Emergent Threw#s -Critiaai T,ransportatlon(MC18us1MTU); $683,061.00 $683,961.00 �5` AEL#12VE-04.ABUS;Lure Item 2021.05 C' CN Smergent Threats-EnAronmentaI Response,Health and Saiety tHaz►nat TraiieriEqulprment);AEL#12TR-00-TEOP, 01CI3-04-ENSM, 01CB-02-ENSM,01VT-02-FTWR,Q4VT-02- GARM,01VT-02.GLOV,01ZA-04-HEAD,07CD-01-DPGC,01 A- 02-FTWC,07CD-,04-❑C30,01SP-02-FTWR,07CO-01-DPFI, 1 $114,133ro0 $114,133.00 5 015P-024LOV,07CD-01-DPPI,01AR-02-APF� O4A.R-02-A}'RC, 04AP-02.OAPT,07CD-01eKLSV,01AR-01-SCBT,080241- WWCD,030E.02..TILA,002-02•EOCS,08D2.WT0EW,19GN- 00-COMP,0802-04-SOLN,11RE-00-RFCB,07RO-N-HHSM and 030E�03-CACS;Line item 2021.05 32&j Response—Critical Transportation;AEL 12VE-00-MISS,Line 1 $760,121-00 $760,121.00 8 Item 2021-10 Intelligence and Info Sharing—I& I—(Forensic Video Covert Streaming Systems); AEL#13LE-00-SURV, 1 $134,058.00 $134,058.00 3 04MD-03-DISP, 04HW.01-INHW and IOGE-00-GENR; Line Item 2021.03 pg Cybersecurtty(COOP Projects),AEL#i 4CI-0i-COOP,Line 1 $77,000.00 $77,000.00 1 Item 2021.01 CN Q CN ST/CP(Access Control to Include Election Security);AEL 1 $250,000.00 $260,000.00 2 #1 48W-01-PAGS and 21 GN-00-INST,Lute item 2021-02 U_ STICP(Physical P retactive Measures—CCTV,Boi lards);AEL #14SW-01-ADA, 146W-01-WALL,21ON-00-INST,04M0.03. 1 $1,360,124.00 $1,369,124.00 2 DtSP,21(3N.00-MAIN,04HW.01.INHW)__ w Intelligence and Info Sharing—Interdiction and-Disruption U (Regional Maritime Radar Project);AEL#148W-01-RADR, Line 1 $330,000.00 $330,000-00 3 wx Item 2021.03 w 0 Response—Communications(Backup Marnet);AEL 148W. 1 $20,000.00 $20,000.00 9 01-COOP; Line Item 2021-16 w U_ n pop A' 6 ,�2_16h' -.�haF'o11"I" gn-Arlm Discos® Wi Response—Mass Search and Rescue(F1reboaQ,AEL#17WC- x 00.80P�T,21 GN-00-TRWIG-Line Item 2021 A 2 $173,755.00 CtRN w < 0 a re n a Response �d. '-On mprtn.qoAlrctgift ` CbkNE,Aviat!o;" E e'n't' N '77 E Intelligence and Information Sharing—1&I—Fusion Center Operations; AEL4210N.00-CCEQ; 04HW,Oi-INHW; 13IT-00- 1 $270,000.00 $270,000.00 3 INTL, 131T-00-ALRT. Line[Wn 2021-03 320 ants 7 Cutting . , L Operational. �. „ n9 OC ... _ , bross d"" i�a eadi�rtati�.ra�(E 01 ORI-,04MD-1D3-t 1SP O4t"y1i•01-1 HCD 05PM-00-F CH, 06CC-0 ••SAT , 06CC-0 - AT" „0 C-04- At s,06CC-01... 1 (� 505,600.00 $5015,6ftao CELL, 14SW.01-PAC „ 14 1-00- OOP,21GN-00-iN'ST,04HW- I 01- A,BL,04V4WA 1.wlttHand 1 -OO-t :aT, One i'tery 2021w 07 �. . .... _„ ......,.. ., ........................... _ ... ,. .._.,.w , ..,.. ., �. itiet tia ii .,,,.. �.... _. Community Resilience(CAlzen Corp/ NTT); ALL 7 0 1 ON1 01 PORT; Lin iten) 1 497,893M � 497 09 00 � 02C 00 1 04A OtN I 06C.._- ......_,. _.. ,... { .,..... ., W.....__, N iitig tion Long Terara Vulnerability Peduction (MaintenanceJ usta'1'nanent of Equipment); A R.,. ' 1GN''.00- 1 $140,750.01D � $140,750.00 7 WlAthtx Line item 20 1 00 � � m . _ _ _ w rurAL EQUWMENT EXPENUTURES $10,400,353-00 )t�r rmr r,! ,1? W Tiy x i / r ; ',;� 1J f�rn/�i� �-- /�, i �(�,,n' %ll.��.i 1,,..nr✓1,.,a£1 „ �i. r /f,. � ,..✓1 ✓ �� �/1,. i.��/..�1/'/� -;`Y, �i �' } � �m,iYl ,�.I, J qi+ w� �-, ,v 'p�io,M �i�✓� ,r„i,a,;,� � , 1 �,rx�.��,m� r�1A�r ; WE ,d�(��.'.� ��lu ��// ,��,� �lel.'6�;uw°� ;(.�il(�, iu1��,�f�G,�i�����1'='ON�/«,,r�r� �ti�-���m1m8,�/��J<< dwda„u�r�.✓r�,.,,!.v�,..�:,,�dt.a. �uwlM,e:. �.a,«.w r(�C%�i.�Jl u�.riU!� Oo lli,i �.r.:;t Hiring of full.-firaae or part-time staff or W contractors/consultants, to assist with the management of � � �� W the respective grant parograarri, application regLArernents, and s orxspaVi anc c with re sa aro �aiad data oo lection ror)_u4-en'lents M A Sataar .. er omiel,Une item 021�-1 N 010„500.0 ......_. a .._.. w ra -- m Developmentoperating _ � I- _ .... . ...of� r�ratiri�....Maras faai' ii"afi'matdoSi ooiRecatio and processing necessary to respond to D11t°/ t'<1w11A data oaif:a �. _ ._...._.... _. vortinmie, and backfiN costs —Overtime exp�ensa are � defined as the res(ilt of personnel who worked over and above,40 he',irs of wee Wy work tirne in the performance of EMA....approved activities within the �tcop e of tt~ s grant, B acskfill Costs also capped"Overtime as aokfipl' are defined 0 as expenses from the result of personnel who are working overtime in order to petforro the duti s of other personnel who are tern orarily assigned to FE A—approved activities � outside their care responsibilities. Neither overtime nor. N backfitl c~;xporises are the result of an of Full— Time, i c14 Eclinrivalent(FT Es) r rinp[o ee 9 _. ,.. , . ... w. _.. ............... ., . C.w... _ , ........ .. _ .... _... .... m..expenses ..M 1 v1 7 .—...f 0,0�90.00 � ..... 2R3„Oft w ,.... ..,....._ Travel IVY ,A Travel, �. ne iterTi .. 0,00 � m,. C Ndr4ec..... .... _ _ w, ._... v. 4 �, a .related expenses _. . ._._ i 32" Authorized office equipment* including personal computers, ieptop computers, printers, LCD projectors,and other equipment or software which may be required to support the -Lm PL ementation of the homeland security sfirste �Office Supplies,Une Item 2021-17 1 $2D,000.00 $20,000,00 The following are allowable only within the agreement period, Recurring fees/charges associated with certain equipment, such as cell phones, faxes. CNQ CN Leasingandlor renting of space for newly hired personnel to U- administer prgar�wlth n Recurring Expenses, Line Item 2021.17 1 $10100100 $10,000.00 L) W TOTAL AWARD EXPENDITURES $14,042,600 X W 0 W X W 0 2 CN Q CN E ATTACHMENT SCOPE OF WORK Sub-Recipients roust comply with all the requirements in 2 C.F.R. Part 20(Uniform Administrative Requirements, Cost Principles,and Audit Requirements.for Federal:Awards), Funding is provided to perform eligible activities as identified in the Dorne0o Homeland ecvu ty F darai rzmefpenoy Management Agency Wf orial Preparedness Directorate Fiscal Year 2021 Homeland Security Grant Program(HSO ),consistent with the Dap avtmiant oaf Homeland Security State Strategy, ligiblo octlAtles are outlined in the.Scope of Work for each category below: L issue and Project Descri,pti — Issue 46:The Urban Area Security Initiative(UAal)has all wable Manneimm Arad Adminlstratton (M&A)costs associated with it. The Division of Emergency Management, as the designated State N Administrative Agency,will i tain five(s)peycent ct the total UM-1 amount allocated to Florida for N M&A purposes, These funds will provide the SAA wig the means to manage and administer the >` LIA8I grant. TIiz proper management and administration of theme funds ensures that each project listed will be fulfilled,or partially fulfilled, More afficlordy While r maininsj in wilih the ❑FPS.Federal Fiscal Year 2021 Homeland Security Grant Program 6uldaine, IL Cat000rlos and Eligible Activ1t9oa 'Y 2021 oltowable costs are divided into the following categories for this agreement:Pianning, c3 O'r ant ational, Exerr9se,Tralolng, Equipment ent nd Management and AdrainistratIon.Each W category`s allowable costs have b eo QrAad in Detaii WorXsh et"abova. A. Allowable Planning Rotated Cosh HSGP funds may be used for a range.of emergenoy preparedness and maniagement pl nnit)g ctivMes wrh as..those associated.with the development, review,and revision of the THI RA, SPR, continuity of operations plans, and rather planning activities that s ppcad the noel and placing an emphasis on updating and maintaining a current EOP that c*nforrns to the guidelines outlined in CPG 101 V .0. Developing haxardlthreat specific annexes that incorporate the,range of prevention, protection, response, and recovery activities; rieveloping and implementing homeland security support programs and adopting DHS/FEMA _ National initiative; X Developing related terrorism and other catiatrophlc event pr ventlon activities; o Developing and enhancing plans and protocols; ® Developiro or oonducting assessments; 4, Airing of fuii-or partwtjme staff or contract/consultants to assist with planning.activities(not for the purpose of hiring public.safety personnel fulfilling trade jonai public safety dirties); o Materials required to oonduf3 planning activities; * TraveVper diem vel d to piar-nirrrd ctivitieg; o: Overtime and backfl11 cosh(in accordance with operational Cost Guidance); N issuance of VVVITI-compliant Tribal identification card; N Activities to achieve planning Inclusive of people with disnbNtle%and others with access and functiorW needs; Coordination with Cift en Carps Councils tot public informatiordeducation and development of volunteer programs.; ® updato governance structure and processes and plans for emergency Communi tions; * Development, and review wid revision of continuity of operations plans, Deveioprnent, and review and revision:of the THIRAI a R continuity of operations plans; and Activities to achieve 04aftng 'inclusive of people with limited Engyish proficiency. S. Allowable Organization Related Casts(HSGP and UASi Only) Sub-Racipients proposed expenditures of SHSP or UASI funds to support organization activities include, • Program Management; • Development of whole community partnerships,through groups such as Citizen Corp Councils; • Structures and mechanisms for Information sharing between the public and private sector; • implementing models, programs,and workforce enhancement initiatives to address Ideologically inspired radicalization to vloisnce in the homeland; • Tools, resources, and activities that facilitate shared situational awareness between the public and private sectors; • Operatlonai Support; • Utilization of standardized resource management concepts such as typing,inventorying, C, organizing,and tracking to facilitate the dispatch, deployment, and recovery of resources c14 before,during,and after an incident; >_ LL • Responding to an Increase In the threat level under the National Terrorism Advisory System (NTAS)or needs resulting from a National SpeeW Security Event; ■ Migrating online services to the".goo"Internet domain; and • Paying salaries and benefits for personnel to serve as qualified Intelligence Analysts. Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement(PRICE)of Homeland Security Act, Pub.L. No. 110-412,§2, codified in relevant part, as amended, at 6 U.S.C. §609(a), HSGP and UASI funds may be used to hire new staff and/or contractor U positions to serve as Inteiiigerrce analysts to enable information/Intelligence sharing W capabillties, as well as support existing Intelligence analysts previously covered by HSGP or [SASE fundfng, See 6 U.S.C. §609(a).To be hired as an Intelligence analyst,staff and/or contractor personnel must meet at least one of the following criteria; • Complete training to ensure baseline proficiency In Intelligence analysis and production within six months of boing hired; and/or, LL • Previously served as ark intelligence analyst for o minimum of two years either in a federal intelligence agency,the military, or state and/or focal law enforcement intelligence unit. Intelligence Analyst Activities Allowablo Costs(HBGP and UASI) All fusion center analytical personnel must demonstrate qualifications that meet or exceed competencies Mentified M tho Common Competencles for state,local, and tribal Intelligence Analysts, which outlines the minimum categories of training needed for intelligence analysts,A certificate of completion of such training must be on file with the SAA. States and Urban Areas must justify proposed expenditures of HSGP or UASI funds to support organization activities within their IJ submission, All SAAs are allowed to uttiixe up to 50 percent(50%)of their HSGP funding and all Urban Areas are allowed up to 50 percent(50%)of their UASI funding for personnel costs. At the request of a Sub-Recipient of a grant,the F MA Adm;n4strator may grant a waiver of the 50 percent(50%) limitation noted above, Request for waivers to the personnel cN cap must be submitted by the SAA to GPD In writing❑n official letteftad,with the following information: N • Documentation explaining why the cap should be waived; • Conditions under which the request is being submitted;and • A budget and method of calcul6on of personnel costs both in percentages of the grant award and in total dollar amount. To avoid supplanting issues,the request must also include a three- year staffing history for the requesting entity. Law Enfomemeni Torrortsm Prevention (LE` P)Activities Allowable Costs(HSGP and UASf) 39 LETP Activities eligible for use of bETPA focused funds include but are not limited to; * Maturation and enhancement of designated state and major urban Area fusion centers, Including Information sharing and analysis,threat recognition, terrorist interdiction, and training/hiring of intelligence analysts, * Coordination between fusion centers and other analytical and Investigative efforts including, but not limited to Joint Terrorism Task Forces (JTT'Fs), Field intelligence Groups(FIGS), High lnterialty Drug Trafficking Areas(HIDTAs), Regional Information Sharing Systems(HISS) Centers, criminal Intelligence units,real-time crime:analysis centers and DHS intelligence, operational, analytic, and investigative entitles; * Implementation and maintenance of the Nationwide$AR initiative, including training for front line personnel on identifying and reporting susplclous ectNiVae,tipMeads, and onilne/soda) medla-based threats, as well as the execution and management of threat assessment programs to WanWy, evaluate,and analyze indicators and behaviors indicative of terrorism, targeted violence, threats to life,and other criminal activity; * Management and operation of activities that support the execution of the intelligence process end fusion conters,including but not limited toy Fusion t.faison Officer(FLO)programs, `N security programs to protect the facility, porsonnei, and information,and the protection of cN privacy, civil rights, and civil liberties. LL LL * }mplementation of the"If You See Something, Say Something"campaign to raise public awareness of indicators of terrorism and terrorism-related crime and associated efforts to Increase the sharing of information with public and private sector partners, Including nonprofit organizations o Note: DIIS requires that all public and private sector partners wanting to implement and/or expand the J]HS"If You See Something,Say Something"campaign using U grant funds work directly with the DHS Office of Partnership and Engagement(OPE) X to ensure all public awareness Materials(e.g.,videos,posters, tri-folds, etc.)are consistent with the AHS's messaging and strategy for the campaign and compliant with the Initiative's trademark, which is licensed to DHS by the New York Metropolitan Transportation Authority.Coordination with OPE,through the Campaign's Office (seesay@hq.dhs,gov), must be facilitated by FEMA * Increase physical security,through law enforcement personnel and other protective measures, by implementing preventive and protective measums at critical Infrastructure site or at-risk nonprofit organizations, o Building and sustaining preventive radiological and nuclear detection capabilities, including those developed through the Securing the Cities initiative;and * Integration and Interoperability of systems and data, such as computer aided dispatch,(CAD) and record management systems(RIMS), to facilitate the collection, evaluation, and assessment of suspicious activity reports,tips/leads,and onlinelsociai media based threats. Organizational activifiiea under HSOP and UASI include. Operationaf Ovortime Costs. In support of efforts to enhance capaibilikles for detect'ng, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for increased protective security measures at crlticai infrastructure sites or other high-risk locations and to enhance public safety during mass gatherings and high-pfofi4e+events, In ghat regard, `�' HSGP Sub-Reclpients are urged to consider using grant funding to support soft target preparedness N activities, HSGP or UASI funds may be used to support select operational expenses associated with increased securlty measures in the authorized categories cited beiow; Sack#ill and overtime expenses for staffing State or Major urban Area fusion centers; • Hiring of contracted security for critical infrastructure sites; *Participation in Regional Reelilency Assessment Program(RRAP)activities; 0 Public safety overtime; 40 ■Title 32 or State Active Duty Natlonal Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package(Note; Consumable costs,such as fuel expanses,are not allowed except as part of the standard National Guard deployment package); • Increased border security activities in coordination with CBP; ■National Terrorism Advisory System; ■ Destgnated Nationai Security Events; ■ Special Event Assessment Rating(SEAR) Level 1 through a Events *States of Ernergency; a National Critical Infrastructure Prioritization Program(NCIPP); ■Directed Transit Patrols; and ■Operational Support to a Federal Agency, Operational Overtime Requests: cN • Except for an elevated WAS alert,HSGP or UAS1 funds may only be spent for operational Q CN overtime costs upon prior written approval by FEMA, The SAA must submit operatlonaI >- overtime requests!R writing to its asslgined FEMA Program Analyst(PA). FEMA will consider LL requests for special event activities up to one year in advance. However, such requests must be within the award's current period of performance and must not result in the need for a request to extend the period of performance. ■ All operational overtime requests must clearly explain low the request meets the criterla of one or more of the categories listed above, Requests must address the threat environment as it relates to the event or activity requiring operational overtime support and explain how the U overtime activity is responsive to the threat. W ■ Post-event operational overtime requests 011 only be considered on a case-by-case basis, where it is demonstrated that exigent circumstances prevented submission of 0 request in advanc,G of the event or activity. s Under no circumstances may OHS/FCMA grant funding be used to pay for costs already supported by funding from another federal source. m States with UASi jurisdictions can use funds retained at the state level to reimburse eligible operational overtime expenses incurred by the state(per the above guldence limitations),Any , UASI funds retained by the state must be used in direct support of the high-risk urban area. States must provide documentation to the UAWG and DHSIF'EMA upon request demonstrating how any UASI funds retained by a state would directly support the high-risk urban area. ■ FEMA will consult and coordinate with appropriate DHS components as necessary to verify Information used to support operational overtime requests. X Personnel Costs(HSGP and LIASi) Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform allowable HSGP planning, training, exercise,and equipment activities, Personnel may include but are not limited to training and exercise coordinators, program managers for activities dlrectiy assocAted with HSGP and UASI funded acdvities, Intelligence analysts,and statewide InteroperaWity coordinators(SWIG), Sub-recipients should refer to Information Bulletin No.421 b, Clarificatlon on the Personnel CN Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008(Public Q Law 110-412—the PRICE Act), October 30,2019,HSCP funds may not be used to support the hiring of any personnel to fulfil traditional public health and safety duties nor to supplant traditional public health and safety positions and responsibilities, c� The following definitions apply to personnel costs: Wag, State and local entffles may use grant funding to cover the salary of newly hired personnel wM are exclusively undertaking allowable DHW-EMA grant activities as specified 41 in this guidance.This may not include new personnel who are hlred to fulfill any non- DHS)FEMA program activities under any circumstances.Hiring will always result In a net increase of Full Tome Equivalent(FTE)employees, r Ovortimo.These expenses are limited to the add'tiicnal costs that rasuit from personnel working over and above 40 hours of weekly work time as the direct result of their performame of OHS/FEMAwapproved activities specified In this guidance. Overtime associated with any other activity is not eligible, • Backrffll Related Overtime,Also oailed"Overtime as 1:3ackfl11,"these expenses are limited to overtime costs that result from personnel who are working overtime(as identified above)to perform the duties of other personnel who are tarnporarl} assigned to OHSIFEMA-approved activities outside their core responsibilities.Neither overtime nor backflll expenses are the result of an increase,of FTE employees. Supplarrtlhg.Grant funds will be used to supplement existing funds and will not replace (supplant)funds that have been appropriated for the same purpose.AppEoarils or recipients may be required to supply documentation certifying that a reduction M non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. N N Organixatlon(OPSG) >_ LL Personnel Costs: OPSG funds may be used for domestic travel and per diem, including costs associated wKh the depfoymentlredeployment of personnel to border areas and for travel associated with law anfomement entities assisting other local jurisdictions In law enforcement activities(travel'costs must be in accordance with applicable travel regulatigns). Up to 60 parcent of an oi'SO award may be used to pay for all personnel costs(only to the extent that c) such expenses are for the allowable activities within the scope of the grant).At the request of a recipient X or Sub-Recipient, the F'EMA Administrator(or designee)may waive the 5o pefesnt personnel cap, Waiver decisions are at the discretion of the FEMA Administrator and will be considered on a case-by- case basis. Further,changes in scope or objective also require FEMA's prior written approval pursuant to 2 C.F.R. §200.308(c)(1)(1).A formal OPSG personnel waiver request should: * Be on official letterhead,Include a written justification, and be signed by the local jurisdiction. LL * Include a budget and method of calculation of personnel costs both in the percentage of the grant award and in total dollar amount, reflecting the changer in scope or ab$sctive to the project. s Include an approved Operations Order from the USSP Sector office that supports the local jurisdiction's written justification. * Be coordinated wrath the U813P Sector, SAA, and the DHSIGBP Office of the Border Patrol (OOP), " As with all MG personnel costs, OPSG grant funds will be used to supplement existing funds and will not replace(suppletnt)funds that have been appropriated for the some purpose.Applicants,or recipients may be required to supply documantaflon certifying that a.reduction In non federal resources occurred for reasons other then the receipt or expected receipt of federal funds, Fn Operational Overtime Costs.©PSG funds should be used for operational overtime costs associated With law enforcement activities in support of border law enforcement agencies for increased border cN security enhancement,Overtime pay is for enhanced patrol for certified public safety officers, along N lirnited support for other law enforcement direct support personnel(e.g,, Communication OfficersMispatchers, non-sworn patrol pilots, ate.). Overtime shall be reimbursed consistent with the non- federal antlty's overtime pollcy and the requirements as stated below: c� * Overtime is time worked that exceeds the required number of flours during an+employee's designated shift. * Overtime must be worked to Increase patrol capacity and be in support of identified and approved USBP border security operatians. 42 i • The:OP,15G overtime hourly rate of pay will be no more than the approved.overtime rate per local law and pofloy and must be in accordance with applicable hate and federal regulations. +� All.overtime expenses under®PSG must be reasonable for the services rendered and conform to the non-federal entity's established written pcallcy,which must apply to both federally funded and non-federally funded activities and comply with the other applicable r�quirarrref under 2 C.F.R.%200.420-200,431. a The non federal entity may not utilize OPSG funding to pay for an employee's overtime hours or pay that exceeds 15 hours worked in ark 24-hour period. Torn p nary or Term Appointments Sub-Rec.iplents may utilize temporary or terra appointments to augment the lawerrforcement presence on they borders. However,applying funds toward hirl rig full-time or permanent swprn .public safety.offf0 rs is unallowable. CN rr OP G-Iunded ter'npvr ry or term appointments may not exceed the approved perirrd of parforrt�anc ,. `N 0 For OPW purposes,temporary appointments are non status appointments fir less U_ than one year, a For®}SSG purposes,term appointments are non-stebos appoirAments for one year, extendable for one year as necessary. O SO funding for temporary or term appoUm nts may pay for salary only,OeRefits are not allowable expenses for terra or trnporory employees. O SG remains a non-hiring program, >Approprtate u as of temporary or term appointments irrciudr : To carry out specific enforcemerA operations work foT ongoing OPSO-funded patrols X throughiDut the Sector Area of`Operation; To staff operations of limited duration.; such as OP G-enhanced forcem nt patrols targeting specific locations or c6r mr i- wAy;and, * To fill OP aG.positions In activities undergoing transition or personnel.shortages and focalhacMil policies (medical/military depioyrnent!�). OP SG form gind temporary appointments must have alt necessary cotfication.s and troining to oryforcs state and local laws.OPSO funds will not he used to.train or c r#ify term or temporary appointments except as otherwise stand in the GPSG section of the Preparedness Grants.Manual And the HSGP i OFO. . In:OdMon to thins terms Sub-Recipients mast follow their own applicable policies and procedures regarding temporary or term appointments. Unallowable Cosh(OPS OP SG unallowable.casts include costs associated wit4ovidence collection, arrest processing, prosecution,And Traffic/DUI checkpoints, such as evidence do ur°nordatioa camera,fingerprinting supplles,.alcohol breathalyzers, portable work fights,traifio barricades, and similar law enforcement expenses.Additional unallowable costs also include costs associated with staffing and general IT comps lay%qWp ent and hardware, such as personal computers,.foxes, copy machines,modems, etc. OPSG is not intended as a hiring program. Therefore,applying.funds toward hiring full-time or CN permanentmom public safety affioers is unellawaWe.OOSC funding shall not be used.to'supplant inherent routine patrols and law enforcement op.eratf ns:or activities not dlineeffy related to providing c14 enhanced coordination between local and fiqdeMl.law enforceme t agenOes,Firt�lly,�anstru�tlon nftr renovation oosta,and exercise expenses are prohibited under GPSG. C. Allowable Exercise Related Costs Exercises conducted with grant funding should be managed and conducted consistent With HS EEP. HS :EP g€.sid mce for zxer6so dezIgn, development, conduct, evaluation, and.improvement planning is located at&ir. ii�r�. Ism rrc -n arsli tie al rl s sf.xraisfasfhsel�: 43 i o Design, Develop, Conduct, and Evaluate an Exercise ■ Futl or part-time staff or con tractorslconsultants e Exercise,Planning Workshop s Full-or part-time staff or contraotorslconsultants • Overtime and backfill costs, inrluding expenses for partwtlrne and volunteer emergency response personnel participating In U1-I51i'ENfA exercise ® Implementation of HSEEP v Activities to achieve exercises Inclusive of people with disabilities and others with accese and functional needs Travel s Supplies associated with allowable approved exercises Interoperable communications exercises , Additional Exercise Information Sub-Recipients that dec'sds to use HSGP funds to conduct an exercises)are encouraged to complete c14 a progressive exercise series. 1xercises conducted by states and high risked urban areas may be cN used to fulfill similar exercise requirements required by other Brent programs,Sub-Recipients are >_ encouraged to Invite representativeslpianners involved with other Federally mandated or private exercise activities. States and high risked urben areas are encouraged to shave, at a minlmum,the multi-year training and exercise schedule with those departments,agencies,and organizations fttuded in the plan. flalidaUng Capabllftles. Exercises examine and validate capabilities-based planning across the Prevention, Protection, Mitigation, Response, and Recovery mission areas.The extensive U engagement of the whole cDrnmuriity, including but not limited to examining the needs and X requirements for individuals with disabilities,individuals with fIrnhed English proficiency,and others with access and functional needs, is essential to the development of an effective and comprehensive exercise program. Exercises are designed to lye progressive—Increasing irr scope and complexity and drawing upon results and autcornes from prior exercises and real- world Inclderits--to challenge participating communities. Consistent with Homeland securiy 'Exercise and valuatlon Program guidance and tools, the National Cxercise Program(NFP) serves as the principal exercise mechanism for examining national preparedness and measuring readiness, Exerclses should align with prlorldes and capabithles ldent6ad in a multi-year TEFL, t Special gent PlannJng. if a state or Urban Area will 1oa hosting a special event(e.g., Super Bow),G-8 Summit), the special event planning should be considered as a tm(ring or exercise activity for the purpose of the multi-year TEP. States must include all confirmed or planned special events in the Muitl-year TEP,The state or Urban Area may plan to use HSGP or , LJAS1 funding to finance training and exercise activtties In preparation for thoso events. States and Urban Areas should also consider exercises at major venues(e,g„arenas, convention centers)that focus on evacuations, communications, and command and control. # Reglonal Exercises. States should also anticipate partt6patirug in at least one Reglorrai Exercise annually, States must include all confirmed or planned special events in the Muni- CN year TEP. cN Role of Neon-Governmental Entitles In EKercrses. Non-governmental participation in all levels of exercises Is strongly encouraged. Leaders from non-governmental entities should be included 4)the Manning, dei lgn, and evaluation of an exercise. State, local, Tribal, end territorial jurisdictions are encouraged to devetap exercises that test the Integration and use of non-governmental resources provided by non-governmental entitles,defined as the private sector and private non-profit,faith-based,community, participation In exercises should be 44 i coordinated with the local Citizen Corps Council(s)or their equivalent and other partner agencies, FROM State Training Office conditions for 8x®rclsss:For the purposes of this Agreement, any exercise which Is compliant with HSEEP standards and contained in the State of Florida(and County or Regional)MYTEP qualifies as an authorized exercise, The Sub-Recipient can successfully i complete an authorized exercise either by attending or conducting that exercise, in order to receive payment for successfully attending an authorized exercise, the Sub- Recipient must provide the Division with a ceftificate of completion or similar correspondence signed by the individual In charge of the exercise,additionally, the Sub-Reciplent must provide the❑ivision with all receipts that document the costs incurred by the Sub-Recipient In order to attend the exercise, • In carder the receive payment for successfully conducting an authorized exercise, the Sub- Recipient must provide the Division with an ExPLAN, AAR/lP, IPCIMPCIFPC Meeting Minutes and Sign-in Sheet for exercise attendees;additionally, the Sub-Recipient must N provide the Division with all receipts that document the costs incurred by the Sub-Recipient in order to conduct the exercise. The Sub-Recipient most include with the roimbursement package a saparate copy of the page(s)from the Exeirlse Plan which identifles the participant agencies and a printed page(s j from the State(anti County or Regional)MYTEP reflecting the exercise. + if you require food/water for this event, request must come to the Division within 25 days prior U to the event, in the following format; W Exercise Title: Location; Exerclse Date: Exercise Schedule: Estimated Number of Participants that will be fed: Estimated Cast for foodiwater: , Description of the Exercise: D. Allowable Training Related Costs(SHOP and UASI) Allowable training-related casts under HSGP include the establishment, support, conduct, and attendance of training specifloolly Identified under the HSGP and I.IASI programs and/or in conjunction with emergency preparedness training by other Fcderat agencies(e.g., HHS and DOT). Training conducted using HSGP funds should address a performance gap identified through an AARIiP or other assessments(e.g., National Emergency Communications Plan NECP Goal Assessmenis)and contribute to building a capability that will be evaluated through a formal exercise. Any training or training geps, including those for children, older adults, pregnant women,and Individuals with disabilities and others who also have access or functional needs, should be identified Fn in the AARIIP and addressed In the state or urban Area training cycle. Sub-Reciplents are encouraged to use eAbting training rather than developing new courses. When developing new courses, Sub-Recipient$are encouraged to apply the Analysis, Design, Development, CN implementation and Evaluation(ADDIE)model of instructional design, cN N Overtime and hack#ill for emergency preparedness and response personnel attending DHSIFEMA-sponsored and approved training classes a Overtime and baekfilt expenses for part-time and volunteer emergency response personnel participating in DHSiFEMA training • "raining workshops and conferences • Activities to achieve training inclusive of people with disabilities and others with access and functional needs and lImit+sd English proficiency 4S 4 i • Hill-or part-time staff or contraLAorsJconsultants 0 Travel • 6upplies sssoci ted with,allowable approved training that(are expended or consumed during thee course of the planrting and conduct of the exercise proje d(s) • instructor cartificatlonlre-crtiticitfori » Coordination with CkizerE Qoa ps Counrii�s in conducting training exorcises • intermpar ble cornrnun7 cations training • Activities to achieve ptartntng inclusive of people with limited English proficiency • immigration enforcement trainr ng Additlon l Trainlog Information Per l HSIFE.MA Grant Programs directorate Policy LL3 1% Review and Approval Requirements for T€ !ring Coursos Funded Through Preparedness Grants, issued on Joly 19,2018,states,terdtw, , CN Tribal entities aria hbh-risk urt)arr areas are no longer required to request approval from FEMA for CN personnel to attenrl non-OHS FE fIA training as long as.thip training is coordinated with and approved by the stag,twitdry, Tribal or high-risk�4rbari are Training Polot of Gontad(TPOC)and fARS within the F.EMA mission.scope and the jurisdiobort's Emergency Operations Plan(EOP):The only exception to this pollay is.for Countering Violent Extremism courae8,UHSIFEMA will ccndod p Oodlc reviews of all state, terdwry, and Urban Area training funded by pHSIFEMA.These reviews may inoiude requests for,611 <,,ciurse matori is.and physical observation of, or participation in.,the furided training..it thez*reviews determine that courses are outsido the scope of this guldanw, Sub-Reclplents gill be'asked to repay -grant funds expended it)support of those efforts. U For further Information on developing courses usln )the instructional design methodology and tools that X can facilitate the process, SAAs and TPOGs are emcc ura ed to rivview the NTFV R6spf odor ✓"r ruin Doveloprwnt C r+f r(RTDQ website. DNS1FEMA Providers Tr ln;ng.7bese train ings include programs or courpes d vetoped for and delivered by i"stkution's a'nd.organizations funded by MWEMA.This Includes fe Center for Domaattc LL Prop,qredness (COP),the Emergency Management institute(EMI), and the National T'MIning and Education Divfslon`s (NT O)T°cairrinrg P rtnev Ptograms jPP),TPP includes the denter for Homeland Defense and Security, National Domestic Preparadn ss.Coneortiurn(NDPC), mural Domestic Preparedness Consortium(ROPG), and training partners througii the 0ontinuing Training Grants Program. Approved State and Foderr:ai Sponsored Coorse Catologue. This oitalogue lisW state:and Fedefal sponsored cwses that fail Mthln the DHSTEMA mission scope and have been approved through tt f=EMA course review and approval pros s..An updated version of this catalog can be accossed at: Ww rages oncfer4rairiigg_gcya . Training Not Provided by WISIFERA, These trainings iodude coursez that are hither state sponsored or Fedeml'sponsored(non-OHW MA), coordinated and approved by the SAA or ti eir designated TPOG,slid fall within the DH5XEMA mission scope to prepare state, local.;Tribal,and territorial personnel to.prev.e"t,protect against; mitigate, respond to, and recover front acts of.torrarism orCN catastrophic events. Q * State Sponsored Col e .These Dowses are developed for andior delivered by institutions or orgonizations other than Federal entities or FEMA and are sponsored by the SAA or their designated T'P®C, * Joint Training and Exer6lses with the Public and Private Sectors.These coumes are sponsored Arid coordinated by private sector entities to enhance public-private partnerships for training persona t to prevent, protect.against, mitigate,respond to, ea d recover liar,r octs 46 of terrorism or catastrophic events. in addition, States, territories, Tribes, and urban Areas are encouraged to incorporate the.ps•ivate aedorin government-sponsored training and exercises, Additional information.on both DHStrEMA provided training and other federal and state training can be found at: fi re can err ii� . ov, T'raIn;nu i nformatiorp Reporting System("Vey ovm%").VVeb-Forms is an electronic fr)rmldata managerrient system,built to assist the SAA and its designated State,territory and TrlGat "raining o vyn of Contact(TPOC). Reporting training activities through/bleb-Forms Is not required under FY 2021 HSGp, 'how aver,the system rernMns availabto and can be i�cce�md through.the FEMA-roolkit located at trod � tresor�ndertrain�na�ovffrtl in order to support grantees in their own tracking of training deliveries- FOEM State T'rainIng Office Oonditi ns: For the purposes of this.Agreement,any train ing coumo 4 zied on the DHS approved course catalog qualities asan authorized course. The Sub-Recipient can. `N successfutly complete an a�stbori7ed course either y attending.or conducting that course. N a In order to receive payment for suocessfufly attending an suthodzed training course,the Sub- Recipient must provide the Division with a dertifidate of course completion; additionally,the Sub-Reciplent must;provide the Div!8 ire with all receipts that dcacurnant the costs incurred by the Sub-Recipient In.order to attend the course. * to order the,r efue payment for Successfully conducting an authorized course, the Sub- U Recipient must provide the Division with the o6ume mat Bats and a roster sign-in sheet; X additionally, the Seib-Recipient rrustpmvide the Division with all receipts that docurnent the cots incurred by the Sub-Recipient in order to conduct.the courea.3 For courses th8t are coon-DNS approved training, Sub-Recipient Must ieQuest approval to Car dw't training through the use of the NonJED Form and provide a copy,along with email, showing approval granted for cnndract. LL For the conduck of training workshops, Sub-Recipient most provide a copy of the course materials and sign-in sheets. * The number of participants must be a minfroum of 15 in order to justify the cost of holding a court. For questions regarding adequate number of participants pl s ..conta.ct the FOEM State Training Officer for course specific guidance, Unfeas the SubeRwtplent receives advancewritt n approval fron the State Training Officer for the number of participants;then the f Mi Ion will reduce the rrraunt aahorized for reimbursement on a pro-rota basis for any training with less than 15 participants. ® Th .Sub-ReOplent must include with the reimbursement package a separate copy of the page(s)from the State(and Cotmty. or Regional)MYTEP reflecting the training. 5. Allowable Equipment RelaNd Costs (SHOP and UASi) CN The 21 allowable prevention, prat ctian,mitigatibn, respDnse, and recovery equipment categories for CN Q HSGP are listed on tf e Authorized Equipment fist( L), The AELL is auaiiatak at tr ;flw r.i m . ovtar titort „e�-eauiprrrr;it-N f. Some equipment items require prior approval>rom OIS/FEMA before obligation or pumhesq,of th items. Rease reference the grant motes for ea6h equipment item to ensure prior approval is not required or to ensure prior approval 4%obtained it � n*cess�ry'. finless otherwise stated,all equipment meet all mandatory regulatory and/or DI-I&FEMA-adopted standards:to be eligible for purchase using these fund.In addition, recipients will be responsible for obtaining and maintaining all necessary certifications and ticenses for ther requted equipment. 47 Grant funds may be used for the procurement of medical countermeasures, Procurement of medical countermeasures must be conducted in collaboration with 5tatelcityllocal health departments who administer Federal funds from HH8 for this purpose,Procurement must have a sound threat-based justifioation with en aim to reduce the consequences of mass casualty Incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals,grantees must have in place an inventory management plan to avoid large periodic variations in suppiies due to coirrolding purchase and expiration dates. Grantees are encouraged to enter into rotational procurement agreements with vendors and distributors, Purchases of pharmaceuticals must Include a budget for the disposal of expired drugs witft each fiscal year's period of performance for HSGP.The cost of disposal cannot be carried over to another FEMA grant or grant period. The equipment, goods, and supplies("the eligible equ)pmenf)purchased with funds provided under this agreement are for the purposes specified In"Fiorlda's Domestic Security Strategy". Equipment purchased with these funds will be utilized in the event of emergencles, including,but not limited to,terrodsmmrelated hazards. The Sub-Reciplent shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed N location within two(2)hours of a request for said deployment, The Horlda Division of Emergency LL Management(FDEM) must approve any purchases of equipment not itemized in a project's approved budget in advance of the purchase. The Sub-Recipient will, In accordance with the statewide mutual afd agreement or other emergency response purpose as spec€fled in the"Florida Domestic Security Strategy,"ensure that all equipment purchased with these funds is used to respond to any end all incidents within its regional response area as applicable for so fong as this Agreement remains in effect, Pifer to requesting a response, the FDEM will tame prudent and appropriate action to d+etermtne that the X level or intensity of the incident le such that the specialized equipment and resources era necessary to mitigate the outcome of the incident. Allowable Equipment(OPSG) OPSG equipment is intended to be inr,Idental to the enhanced border security operations being performed. The grant is not intended to be used to outfit or supply general egQIpMent to GUT LL law enforcement agencies. Equipment must be relatable to and justified by the operational benefit It will provide. e Equipment Marking, Because equipment purchased with OPSG funding is intended to be used to support OPSG activities, It may be appropriately marked to ensure its ready identification and primary use for that purpose,When practicaMa, any equipment purchased with OPSG funding should be prominently marked as follows; "Purchased with DHS funds for Operation Sfonegarden Ilse" * Fuel Cost and/or Mileage Reimbursement. There is no cap for reimbursement of fuel and mileage costs In support of operational activities, * Vehicle and Equipment Acquisition, including Leasing and Rentals:Allowable CN purchases under OPSG include patrol vehicles and other mission-specific equipment CN Q whose primary purpose is to Increase operational capabilities on or near a border nexus in support of approved border security operations,A detailed justification must be submitted to the respective FEMA HQ Program Analyst prior to purchase, c� Medical Emergency Countermeasures:Altowable purchases under OPSG Include narcotic antagonist pharmaceuticals,detection and identification equipment, safe storage and transportation, personnel protective equipment,and Initial equipment training,as will be reflected in tlp-AE.t.and explained in tB 4n. 48 F. Uinallowable Costs(HSGP, UASI and OPSG) s per FEMA policy,the purchase of weapons and weapons accessories, including ammunition, Is not allowed w th HSGP funds. • Grant funds may not be used for the purchase of equipment not approved by QHSIFEMA, Grant funds must comply with 1S 426 and may not be used for the purchase of the following equipment-.firearms; ammunition,grenade launchers;bayonets;or weaponixed aircraft, vessels, or vehicles of any kind with weapons Installed, a Unauthorized exercise-related costs Include: ❑ Retrnbursament for the maintenance or wear and tear costs of general use vehicles (e.g., construction vehicles), medical supplies,and emergency response apparatus (e,g., fire trucks, ambulances). a Equipment that is purchased for permanent Installation and/or use,beyond the scope of the conclusior►of the exercise(e,g., electronic messaging sign), G. RWonai Border Projects (OPSG) Subrecipiants are encouraged to prioritize the acquisition and development of reglonai projects N an the borders to maximize interoperabillty and coordination capabilities amens federal agencies >- and with state, local, and tribal law enforcement partners, Such regional projects include: e Communications equipment: Radlo systems and repeaters 0 Integration with regional intelligence and information sharing effort(i.e.fusion centers) o Intelligence analysts ! Situational Awareness equipment: o License Plate Reader Networks ❑Visual detection and surveillance systems X o Sensor Systems c Rader Systems{for air and/or marine incursions) o Aircraft systems(manned or unmanned) H. Critical Emergency Supplies r SIISP and UASI) Critical emergency supplies,such as shelf stable products,water,and rnadical equipment and supplies are an allowable expense under SHSP and 11AS1. Prior to the allocation of grant funds for stockpiling purposes, each state must have/OHS/FEMA's approval of a five�year viable inventory management plan,which should Inciude a distribution strategy and related sustainment costs if planned grant expenditure Is over$100,000.00, If grant expenditures exceed the min'imum threshold,the five year inventory management plan will be developed by the reciplent and monitored by FEMA, FEMA will provide program oversight and technical assistance as it relates to the purchase of critical emergency supplies , under UM- FEMA will establish guidelines and requirements for the purchase of these supplies under UASi and monitor development and status of the state's inventory management plan. 1. Construction and Renovation(SHSP and UASI) Project construction using SHSP and UASI funds may not exceed the greater of$1,000,000 or CN 15%of the gram award, For the purposes of the limitations on funding levels,communications Q towers are not considered construction, Written approval must be provided by DHS/FEMA prior to the use of any HSGP funds for construction or renovation. When applying for construction funds, recipients must submit evidence of approved zoning ordinances, architectural plans,and any other locafiy required pianning permits.Additionally, recipients are required to submit a SF-424C form with budget detail citing the project costs. 49 i Recipieots using funds for construction projents moat comply with the Davit-lWon Act(codified as amended at 40 U.S.C. 9§ 3141 et seq.), Recipients mustensure that thoir contractors or subcontractors for construction projects pay workers no(ess than the prevailing wages for laborers and mechanics employed on projects of a character like the contract work In the civil eubdivlsion of the State in which the work is to be performed..Additional 19ormabon regarding compliance with the Davis-Bacon Act, including Department of 1�6bor(DOL)wage determinations,18 avWlaibie oot(ne at 10s:l!�t�r�.d�4,i�� ° 1 ac t€i��Y5ldia a. J. Communications Towe When applyrineg for funds to oonstruct communication towers, subrecipients must submit evidence that the Commission's Section 106 of the national Historic Preservation Act, Pub. L. No.89-065, as amended, review prc esa has been completed. K Disposition vvh6n 0 ginzt or replacement otluiprnent acquired under a Federal award is no banger needed for the original project or program or for other oOvlties currently or previously supported by a Federal cN rrardi ng agem,y, except as otherwise provided in Federal statutes, regulations, or F deml awarding c14 agency disposition instructions,the Sub-Ro6pi nt must request dfspo ition.instructions from FC)EM >` Office of D me6c Preparedness And the State Administrative Agency will request deposition Instructions from Federal awarding agency as required by the terms s lid gondit(ons of the Federal award.The Sub-Reciplent shall notify the Fl:iEM Office of Domestic Preparedness at; 2555 Shamard Oak Blvd.,Tallahassee,Florida 323W one(1)year in advance Of the expiratieirt of the equlprnents posted she f-rife or normal life expectancy or when It has been expended. The.Sub-Recipient shall notify the FDEM Immediately if the equipment is destroyed, lost,or stolen. U L. Requirement for$nail Unmanned Aircraft System(814S ,UA t,and O:PSG� X .All requests to purchase Small Unmanned Aircraft Systems MAS)with FEMA grant funding must comply with IS 426 and 18 438 and.include a description of the polk ies and pvocodur s irr plaoe to safeguard individuals'p6vacy, dvfl rights,and civil liberties of the Jurisdiction that will purchase, take title to or otherwise um the.SUAS equIpment, M. iAcquisit€on and Use of technology tea WIffigate UA LL Prior to the testing, acquisition,installation,.or use of i.IAS detection and/or mitigation systems, entities should seek the.advr ce of tun e( xpers n d with loth faderol and state criminal, surveillance, and comamudIcations laws.Subreciplents sh0L1ld conduct(heir own legal and technical analysis of eaoh UA8 detection and/or rnffigation system and should not rely solely on vendors'representations of the systems' legality or functionality. For Wher information please sree the DRS press release an thli�topir,; h s:flvwyw.c9ns. ovinews 2q 8117 intera 'r suesadvsa l &-urtn� ri�sKKircrttit. N. FiMtNet FfrstNet providos public:safety entities with mission-critical broadband data capabilities and services including,but not limited to messaging, Image sharing, video streaming, group text, V01('e,data stovage, application,location.-based services, and Quality of Service,Priority, and Preemption. Public safoty entities seeking to enhance their operational capabilltes using. broadband t chnoiogy may seek grant funding from approprl to programs to support the following, `1' r Planning for irate ration of information technology(M infrastructure, software, and site cN upgrades necessaq to connect to FlrstNat ® }handheld broadband devices Including smartphones, feature phones, tablets, wearables,fi�+sh-totalk(PTT)devices 0 Vehicip"maunted or otherwise field operated data devices,such as ruggedized laptops s Network access devices,Including portable Wi-Fi devices, Universat Serial Bins(USB) moderns/do.ngles,trunk-mounted modems, routers a Custoyner-Owned and Managed{CORM) broadband deployable equipment, enabling public safety to own and dispatch coverage expansion or capacity enhancement 0pWipmevlt Within thelf jurisdiction 0 Broadband device accessories that enable efficient and safe public safety operations such as headsets,belt clips,earpiec*s,remolo Siueto;oth serisor% rugged)zed cases 6 Subscriber Identification Modules(SlMs)lUniversal Integrated Circuit Cards(WC Gs)to allow public safety users to update existing devices to operate w public safeky prioritized services 0 One-time pUrchase and s u bscrIption-based applications for public safety use which could include, among several other options, enterprise mobility management(EMM), rhobile device management(MDM), mobile Virtual Private Network(VPN), identity services,or doud service tools Sub-Recipients must tie=dinated with the Statewide MlaroperaDifidy Coordinator(SWO)and FirstNot on the planning, deployment tirnellnes,and operational availability of the betwork. deployment within a specific state or territory and to ensum tt at pfcja�l dogs not conftt WO CN network plann ino.efforts and.complles with all technical req u iremerb. F irstNet requires C14 participating agencies to demonstrate a,8ubsorlptlon to Oublicsafety-�priodtzed broad6and >_ UL services to purchase FirstNef broadband devioft or applications, FEMAinformation Bulletin(113) LO #386 has been rescinded by prior NOFOs and rernain* rescinded as the technical requirements and nationwido netvvori amhltecture has been d"eloped,and FirsfNet is operational: Subreciplerrts, however, must coordinate whh FirstNet in advance of any strategic acquisition Of broadband LT .equipment to eosure that purchases adhere to all applicable standards for public W safety entities, U W 0, SAFECOM X Emergency communications systems and equipment must meet applicabte_q6E_FQPJ_A W QLuiAm-1c_q. Scab-Recipients must be coordinated.with the SWIG and the State Interoperabi lity < Governing Oody (WB)to ensure i ntaroperabi lity and long-term oompatibitity. 0 R cybersec-Ucity W Su w plents must arse HS13P funds for cybemour'ity projects that support the security and UL functioning of critical infrastructure an d.core capabilities as they relate to terrorism preparedness and may simultaneously suppoq enhanced preparednesB for alher hazards unrelated to acts,of terrorism. 0. Law Enforcement.Readiness(SHSP,UA81,and OPSG) OPSG grernt finis may be used to increase operationaL material,and technological readiness of ITT Ww enfomernent agencies.The Delegation of Immigratiort.Autho lty,$octlon 287(b.)of the X Immigration and Notionailty Act(INA)program allows astate or local law enforcement entity to enter W into a partnership with ICE, under a j6TA Wmofaridurn of Agreement(MOA),to receive delegated authority for Immigration enforcement with In their jurisdictions SHSP, UA81, or OPSG grant funds may berewested and may be Appmed on a Oeee-by-caze,tnmlm for immigration efiforcament 0 training in support..of the border security mission, Res uests for train log will be evaloated.on a case- by-case basi8 and can.only b-9 used for certification in the gaction 287(g}pragmm provided�y < DHSIICE. SHSP, LJASI,or OPSG Sub-Reciplents with agreements under saction 287(g)of the Immigration and Nationality Act(8 uaa. § 1357(g))to receive delegated authority for immi(iration CN enforcement within their jurisdictions may also be reimbursed for section 287(g)related operational CN actlyltles with approval from FEW on a case-by-case basis. For OPSG, Sub-Reclpients most be auto ofted by UGSP Headqiiarters and Sectors, and operational activities must he coordinated through a L.18BP Sector, E R. Maintenance and Sustainment(SHSP,UA$1,and 0 PSG) The use of DFISFEMA preparedness grant funds for maintenance contracts,wamanties, repair or replacement Costs, upgrades, and user fees are allowable, as described in FEMA Policy FP 205-402- 125-1 under all active and future grant awards,.Unless otherwiso noted..Except for mair7t�nareoe pans 51 or extended warranties purchased incidental to the original purchase of the equipment, the period covered by maintenance or warranty plan must not exceed the POP of the speclfic grant funds used to purchase the plan or warranty. Grant funds are intended to support the Goel by furWing pro)ects that build and sustain the core capabilities necessary to prevent, protect against,mitigate the effects of, respond to, and recover from these threats that pose the greatest risk to the security of the Nation, In order to provide recipients the ability to meet this objective, the policy set forth In FEMA's lH 378,Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DH5IFEMA Grant Funding, initially for FY 2007.2011,allows for the expansion of eligible metntenance and sustainrnent casts which must be in(1)direct support of existing capabilities; (2)must be an otherwise allowable expenditure under the applicable grant program;(S)be tied to one of the core capaUlities In the five mission areas contained within the Goal,and(4)shareable through the Emergency Management Assistance Compact.AddWonaliy, eligible costs may also be In support of equipment,training,and critical resources that have previously been purchased with either federal grant or any other source of funding other then DHSIFEMA preparedness grant program dollars, CN cN S. Management and Administration (M&A)(HSGP& UASi) >- Management and administration(M&A)activities are those directly relating to the management and sdministratfon of HSGP funds, such as financial management and Monitoring, Sub-Recipients awarded M&A costs under this agreement can retain a maximum of up to 5%of their total agreement award amount for M&A costs. Allowable M&A activities include. U }tiring of full-time or part-time staff or contractors/consultants: X a To assist with the management of the respective gmnt program. a To assist with application requirements, * To assist with i aompllance reporting and data collection requirements, Management and Administration (M&A)(OPSm) Management and administration (M&A)ectivlties are those directly relating to the management and administration of OPSG funds, such as financial management and monitoring. Recipients may retain up to 2.5% of the overall OPSC allocation prior to passing-through funding to Sub-Recipients.This funding must be deduoted in an equal percentage from each Sub-Recipient, Sub-Recipients and friendly forces may retain funding for M&A purposes; however,tl�e total amount retained Cannot exceed 5 percent of the Sub-Redplent's subaward. Friendly forces are local law enforcement entities that are subordinate Sub-Recipients under❑PSG. In other words,friendly farces are entitles that receive a subaward from a Sub-Recipient under the OPSG program. Friendly forces must comply with all requirements of Sulu�ecipierrts under 2 C.F,R.Part 200. T. Procurement All procurement transactions will be conducted in a menmr providing full and open competition and shall comply with the standards articulated in, • 2 C.F.R. Fart 200; N e Chapter 287, Florida Statues;and, cN Subrecipt eft local procumment policy. To the extent that one standard is more stringent than another,the Sub-Reciplent must fallow the � more stringent standard For example, if a State statute imposes a str'scter requirement than a Federal regulation,then the Sub-Reclplent must adhere to the requirements of the State statute, 52 The Division shall pre-approve all scopes of work for projects funded under this agreement, Additionally,the Sub-Recipient shall not execute a piggy-hack contract unless their local written policy allows for piggybacking, and the division has approved the Scope of Work contained In the original contract that forms the basis for the piggy-back contract. Also, in order to receive reimbursement from the Division, the Sub-Reeiplent must provide the Division with a suspension and debarment fora for each vendor that performed work under the agreement, Furthermore, 'f regoested by the DWislon, the Sub-recipient shall provfdo copies of solicitation documents including responses and justification of vendor selection. Contracts may Include. State Term Contract:A State Term Contract is a contract that is competitively procured by the Division of State Purchasing for selected products and services for use by agencies arud Qgibie users, Florida agencies and eligible users may use a request for quote to obtain written pricing or services information from a state term contact vendor for commodities or contractual services available on a state term contract cram that vendor. lase of state term contracts is mandatary for `N Florida agencies in accordance with section 287,056, Florida Statutes. cN Alternate Contract Source:An Alternate Contract Source is a contract lot by a federal, state, or local government that has been approved by the Department of Management Services, based on a determination that the contract is cost-effective and in the best interest of the state,for use by one or all Florida agencies for purchases,without the requirement;of competitive procurement.Alternate contract sources are authorized by subsection 287.042(16),Florida Statutes, as implemented by Rule 50A•1.046, Florida Administrative Code. General Services Administration Schedules:The General Services Administration(GSA) Is an X independent agency of the United States Government, States,tribes,and local governments, and any instrumeotality thereof(such as focal education agencies or institutions of higher education) may participate in the GSA Cooperative Purchasing Progra(n.).Refer to the appropriate GSA Schedule for additional requirements. U. Piggybacking The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited, The Subreciplent's written procurement policy must be submitted to the SAA and must allow for piggybacking,The existing contract must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the new contract,inc}using the Scope of Work,must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in scope or volume of goads or services, M agency may not use the preexisting contract merely as a"basis to begin , negotlatioW for a broader or materially different contract. Section 215.971, Florida Statutes Statutory changes enacted by the L,egisiature impose additional requirements on grant and Sub- Reciplent agreements funded with Federal or State financial assistance, in pertinent part,Section 215.971(1)states: Q An agency agreement that provides state financial assistance to a Recipient or Sub-Recipient,as those terms are defined in s. 215.97, or that provides federal financial assistance to a Sub- Recipient, as defined by applicable United States Office of Management and Budget circulars, must include all of the foiiowiing; • A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient or Sub-Reciplent is required to perform. 53 • A provision dividing the agreement into quantifiable units of detiveraWes that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the Scope of Work and specify the required minimum level of service to be performed and the orlteria for evaluating the successful completion of each deliverable, A provision specifying the financial consequences that apply It the Recipient or Sub-Recipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement on[y if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub- Recipient for failure to perform as required under they agreement may be expended only in & ct support of the program from which the agreement originated. * A provision specifying that a Recipient or Sub-Recipient of federal or state financiW assistance may expend funds only for allowable casts resulting from obligations incurred during the specified agreement period. cN CD A provision specifying that any balance of unobligated funds which has been advanced or CN paid must be refunded to the state agency. * A provision spscifftg that any funds paid in excess of the amount to which the Recipient or Sulu-Redpient is entitled under the terms and conditions of the agreement must be refunded to the state agency. ■ Any additional information required pursuant to s. 215.97, U V. Unique Entity identifler and System for Award Management(SAM) W Subs Reclplents for this award most: + Be registered in SAM; * Provide a valid DUNS number;and LL • Continue to maintain an active SAM registration with current infomiaCan at all tunes during which it has an active federal award. W. Reporting Requires oift 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report Is due within thirty(30)days after the and of the reporting periods(March 31,June 30, September 30, and December 31) for the life of this contract. ■ If a report(s)is delinquent, future financial reirlrbursements wii4 be Withheld until the Sub-Recip€ent's reporting Is current. If a report goes three(3)consecutive quarters from date of execution without the Sub-Recipient reflecting any activity and/or expenditures it will result in the issuance of a noncompliance letter, and a written Justification must then be provided. CN n used on the SAA's detefmination,the Sub-fecipient will have 30 days to cCD D submit a letter of appeal to the SAA/HSA. o Subrecfpients will only be allowed one opportunity to appeal, o if the appeal is denied, or if there is no response to the notlflcatlon of noncompliance, the Sub-recipient's funds will be terminated. ■ if a repc4t goes four�4)consecutive quarters from date of execution without the Sub- Recip€ent reflecting any activity and/or expenditures ft will result in termination of the agreement, 54 �' o m€rl tic!�� vrtin S h dui o ort�eriod _ Re art due to FD5M no Inter than danuary 1 through March�9 l a .._ t three .h S terrlJer 30 _ .__ Clctober„3 1 October 1 throu h December t ,lan�sat 3 f . programmatic Roporting-)SIonnual Strategic implementation Report(13 1R),, After the end of each reporting period,for the[ife of the contract unless dirGOW otherwise, the AA,wilf complete the Biannual Strategic lmplemantation Report.in the Grants Reporting Tool tGl Ty�w+n��a.r��rtiiic�,c�d ,dt s,dcsv. The reporting periods are January 9-June 30..and `N July 1-Decetmbar 31. Data entry.is scheduled for De(3ember 1 and June 3 respectively. Future U_ awards and reimbursement may be withhold if these reports are delinquent, 3. Reimbursement R qu ets: A request for reimbursement may be sent to ycur.grant manager for review and appr9val at any tittle duufing the�,'ant of period. Relrnbursoments roust be Teg4ested.within ninety(90) calendar days of expendlturo of funds, and cliiartiarly at a MMl urrr: Fajlurs 10 sobmlk foquest for reimb.ursementwithin ninety(90.)calendar days of expenditure shall reouIt In decrial of W re(mbu se meat. The ub-ReOpient.ahotrld Include the category's coffesponding lime item X number in the"Detail of QsMis'form. This number can be found in the Budget". A lints item number`rs.to be included for every dollar amount listed in.the'Ve#ail of Claims,,faffm. 4. Close-out Programm tic Repprting., The Close-ciat Report is due to the Florida Division of Ernargency Management:no later than sixty (60)calandar stays after the agreement Is either completed or the,agreement has expirad. 5. Adr inl trativa Closeout, An administrative closeout may be conducted when a recipiont Is not responsNe to the Division's reasonable efforts to.ooliect required reports, forms, or other documentation needed to c rmplet the starrdard award and/or clapeout proses.FD ;M will make three written attempts to collect required information before initiating an administrative closeout..If an award is ad 'sr:istr tivey closed,Fi EM may.decide to impose remedies for noncompliance per 2 C.RR. 200.338, consider this Informotlon In Mviewing tense award z pli Lions, of apply special.conditions to existing or future.awards. Fn X. Period of Performance( 0P� xtension% Extensions to the period of performance identified In the agreement are allowable under limited ircumst r�cas and will only be considered through formal,written requests to the$AA. All extension CN requests must contain specific and competiing justifications os to why an extonslon is required, and Q CN must addrea,s the following: 1.The grant program,fiscal year,and.agreement number; E 2. Reason for the delay—including details of the legal, policy,.or operational chaflenges that � prevent the final expenditure of awarded fonds by the deadline; 3.Current status of projed a�Wvity, 4. Requested POD'termination slate and new project cornpletion date; B.Amount of funds reimbursed to date;. 5 I 8, Remaining available funds; 7. Budget outlining how the remaining funds will be expended; 8, Ran for completion, including milestones and timeframes for schleving each milestone and the position or person responsible for implementing the plan for completion;and 9. Certification that the activity(ies)will be completed yr Min the extended POP Without any modification to the original statement of work,as described in the investment Justification and as approved by FIRMA Extension requests are typically granted for no more than a six-month period,and Ml be granted only Blue to compelling legai,policy,or operatforsal challenges. Extension requests will only he considered for the following reasons; o Contractual commitments by the recipient or subrecipient with vendors prevent completion of the pm• ect VtNn the existing POP; r The project must undergo a complex env4ronmental revruw that cannot be completed CN within the existing POP; cN ftr ects are long-term by design, and therefore acceleration would compromise care >- programmatic goals;or Where other spacial or extenuating circumatamaes exist. Y. Programmatk Feint of Contact Contractual Point of Contact Programmatic Point of Contact Chanda Jenkins Amy Garrison X FIDEM FDEM 2555 Shumard Oak Blvd, 2555 5humard Oak Blvd. Taitahame,F' :W99-21,30 Tallahassee, FL 32399-2100 (860)815-,4342 (850)816-058 Chanda,Jenkins ern,rnyflorjdarCOM I Am .Garmon enn.m florida.com Z. Contractual Responsibilities e The FiJEM shall determine eligibility of projects and approve changes in Scope of Work. s The FDEM shall administer the financial processes. AA,. Failure to Comply s Failure to comply with any of the provisions outllned above stall reauit in d%00wance of reimbursement for expenditures. N N c� 56 ATTACHMENT C DELIVERABLE AND PERFORMANCE State Homeland Seciurfty Program(HSG ), HSGP supports the implementation of risk driven,. capabilities-based State Homeland Security Strategies to address capability targets set h Urban Area, Stato, w)d regional Threat and Hazard Identification and Risk Assessments(THIRAs). The capability levels are assessed in the State Preparedness Repoq{SPR) and inform pfanriing,organization, equipment,twining, and exercise needs to prevent,:protect against, mitigate, respond to,and recover from acts of terrcri$M and other cata3kr0ph10 events. Pisan)ng Dellverabia,Subject to the funding lirrmitstions of this Agreement,the Division shall reimburse the Sub--Recipient for the actual cost of successfully cor pleting Planning activities consistent with the guidelinQs contained in the Comprehensive Planning Guide OPG 101 v,2. For additional information, phase see I�71 !,f a,a of dfCabp afldiui io rs ' �f or grant guidance(Notice of Fur�ding..Qpp u ity}.For the purpc�ses of this Agreement, any planting aclWty such as those associated C14 With the Threat and Hazard identification and Risk Analysis(TH(RA), State Prop redness Deport( P ), cN and other planning activities that°sopport the National Preparedness:Goal.(NPG}and place an amphasis on updating and MWntaining a current Emergency Operations Plan (EOP)are eligible. The Sub-Recipient can successfully complete a plonning activity either by creeUng or u'oati such plan(s). Organization,Qettver ble, Subject to the funding limitations of this Agreement, the Division shall reimburse the Stab-Recipient for tho actual eligible costs for Pnt'sowO, lnte4 gems An-a4yste,Overtire and Operational Overtime. U Exorcise Deliverable: Subject to the funding Ilmiteflons.of this Agreemwit,the DMIsim BhAa l reimburse w the Sub-Recipient for the iptuai cast of s=,es fulfy completing an exercise (rich meets the D pafte t of Homeland Security Homeiand Security Exeycise and Evaluat''an Program(.HSEEP)standards and is listed in A)the State of Florida Multi-Year Training & Exerclse Plan(MYTEP).,and B)Gou*or regional TEP for ft region in which the Sub-- aolpient is geographically located. Information related to TEP9 and HS EP compliance can be found oM ne at: b4 L/w_ww Jp-d� ihs.g ivltrp. orthe purposes of this Agreement,any exercise which.is Compliant with HSEEP standards and contained in the State of Y1oriOa ILL MYTEP quaiities as an authorized exercise. The orb-Recipient can successfully complete an authorized exer'clse either by attend-Inch cr and�cctif~c th �x rcis , Training Deliverable. Subject to the,funding limitations of this Agreement,the Division shall reimburse the SublRecipient for ttw aduat east of successfully vompietiing a training course listed on the Department of Homeland Security(Dli )approved course catalog, For non-DHS approved C%t(so.tho Sub-ReOpteM shall Win advance FDEM approval using the Pion-TE©form by contacffng their grant manager. Tile DNS course catalog leaVailableo flino at. Fortbe purposes of this Agreement, any training course fisted on the DHS approved course catalog qtmlffift as v authorized wums. The Sub-Recipiant can successfully complete are auttrind course either by attending or conducting thatcourse. Eq ipmont P 4tver ble., Subject to the funding limitations of this Agreern rd, the Division shall reimburse the Sub- acipient for the actual cost of f urchaslnq an item identified In the approved project funding template and budget of this agreement and.listed on the DHS Authorized Equipment List(AEI..): For the CN purpo-ass of this Agreement, any iteno listed on the AEI..qualifies as an authorized item. T e 2l allowable cN prevention, pioteotion, mitigation, response, nd r cov ry equipment categories and eci0prnent standard5 for HS P are listed on the web-bayed version of the Authorized Equipment List (AEL)on tl lsns l irrad Stsfotmati;ry4m at Ibe .fem via Qr' dw. ui ent lis . in addition, agencles will be responsible for obtaining and.maloWning all necessary uettifeations and licenses for the � rv;quetted equipment. 57 i Management Deliverable: Subject to the funding Uniitglons of this Agreement, the Division shall reimburse the Sub-Recipient for the actual cost for Management and Administration (M&A)activities, Costs for allowable items will be reimbursed if Incurred and completed within the period of performance,in accordance with the Budget and Scope of Work,Attachments A and B of this agreement. T_ c14 c14 LU LU LU LU LU c14 c14 c� 58 i ATTACHMENT 0 Program Statutes and Regulations 1) Age Discrimination Act of 1975 42 U.S,C.§6101 et seq. 2) Americans with Disabilities Act of 1990 42 U,S.C. §12101-12213 3) Chapter 473, Florida Statutes 4) Chapter 215,Flnrda�tgjuties 5) Chrapter=,Florida Statutes e) Tltle VI of the Civil Rights Act of 1964 42 U.5.C. §2000 et seq. 7) Title VI I of the Civil Rights Acts of 1968 42 U,S,C.§3601 at seq. 8) Copyright notice 17 U,S,G, §§401 or 402 9) Assurances,Administrative Requirements,Cast Prfnc4ples,FC2presentationscnd Certf#ications 2 CY,R, Part 200 10) Debarment and Suspension Executive Orders 12649 and 12689 11) Drug Free Workpls4e Act of 1988 41 U,S.C, §701 at seq, CN 12) Duplication of Benefits 2 C.F.R. Part 200,Subpart'E Q CN 13) Energy Policy and Conservation Act 42 U,S,C, §6201 >- 14) False Claims Act and Program Fraud 0,4 Remedies 3.1 U.S,C. §3729-3733 also 31 U.S.C. § 3801.3812 15) Fly America Act of 1974 49 U.S.C.§41102 also 49 U,S,C. §40118 16) Hotel and Motel Fire Safety Act of 199015 U.S,C.§2225a 17) Lobbying Prohibitions 31 U.S.C,§1362 18) Patents and Intellectual Property Bights 35 U,S,C.§200 at seq. 19) Procurement of Recovered Matsrlais sectlon 6002 of Solid Waste Disposal Act U 20) Terrorist Financing Executive Order 13224 w 21) Title(X of the Education Amendmerft of 1972�1=qual Opportunity in Education Act)20 U.S.C. § 1681 at seq. 22) TraftkG rq Victims Pfotec'tlon Act of 2DDa 22 U.S.C,§7104 23) Rehabilitation Act of 1973 Section 604, 29 U.S.C.§ 794 24) USA Patriot Art of 2001 18 U,S.C. § 175�172c 25) Whistleblower Protection Act 10 U,S.C. §2409,41 US,C. §4712, and 10 U.S.C.§2n4,41 U.S,C. §4304 and§4310 , 26) 53 Federal Raglster 8034 27) Buie Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code X N N c� 59 I ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT.' if you are requesting an advance, Indicate saute by checking the box below. ADVANCE RRI Q>UCST D Advance payment of$ _. __is requested.. Balance of payments will be made on a relatbursetuentbasis, These hinds are needed to pay staff,award benefits to oiients,duplicate forms and purchase start-up supplies and equipment We would not be able to operate the program without this advance, if you are requesting an advance,complete the following chart and line Item Justification below, TL A� i27CAEIVES CN BUDGET CATEG0I4YILINF.ITEMS Fiscal Year 2021 Anticipated Expenditures far `N (list applicable line items) First Three Months of Contract For exarngI ADMINISTRATIVE COSTS, For exa,�r���e PROGRAM EXPENSES: U TOTAL_EXPENSES- W LINE ITEM+JU�'T_IF!gA 0 (For each line item,provide a detailed justification explaining the need for the cash advance. The justification must Include supporting documentation that clearly shows the advance will be expended within the first ninety(90) days of the contract terra. Support documentatlon should include,but is not limited to the foiiowing: quotes for purchases, delivery timelines,salary and expense projections,etc.to provide the Division reasonable and nocessary support that the advance will be expended within the first T- ninety(90)days of the contract term. Any advance funds not expended within the first ninety(00)days of the contract term shall be returned to the Division Cashier,2555 Shtsmard Oak Boulevard,Tallahassee,Florida 32399,within thirty(30)days of receipt,along with any interest earned on the advance) , cN "REQUESTS FOR ADVANCE PAEYWNTS WILL BE CONSIDERED iO)VA CASE BY CASE BASIS" c°v Signature of Sub-Recip€ent ❑ats; Name snd Title of Sub-Recipient 60 I I ATTACHMENT F i WARRANTIES AND REPRESENTATIONS �'If'f�cial�V�na��rne+�t The Sub-Reclpient's financial management system must comply with 2 C.F.R.§200.302. !?�acurernenf� Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part©--- Post Federal Award Requirements—Procurement Standards(2 C,F-R,§§200,318 through 2DO.327), cN cN B.Ms >- The Sulu-Rwoient ahali have its offices open far business,with the entrance door open to the pub&c, and at least one employee on site, from: ,o nday to Erie 8:00am 5•QQO a to trt h Ida s U Licensing and PerWktiM x Alf soboantractom or smpfoyees hired by the Sub-Recipient shall have all current licenses and pemnits required for the partioular work for which they are hired by the Sub-Reciplent, x c14 c14 c� 6 r. ATTACHMENT G CERTIFICATION IRSGARDING DEBARMENT,SUSPENSION,INELIGIBILITY .AND VOLUNTARY EXCLUSION Subcontractor Covered TranzarAions The prospective subcontractor, of the , Sub-Reclpient certifies, by submission of this document, that neither It, its principals, nor Its affiliates are pressrtit;y debarred,suspended, proposed for debarment, declared ineligible, voluntarily excluded, or N disqualified from participation in this transaction by any F'ederai department or agency, Q LL SUB-CONTRACTOR: c, X Dy ......_ _ _ ,.d _ Signature Sub-Recipient's Name Name and This FDEM Contract Number Street Address DHS Grant Award Number X City,State,Zip Date C cN c� 62 ATTACHMENT H STATEMENT OF ASSURANCES All of the Instructions, guidance, limitations,and other conditions set forth in the Ncy.ce of Funding Opportunity(NDFO)for this program are incorporated here by reference In the terms and conditlons of your award. Alt Sut�-Recipients gust comply with any such requirements set forth In the program NOFOr All Sub Recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace(supplant)funds that have been budgeted for the came purpose through non-Federal sources. All Sub-Recipients roust acknowledge theft use of federal funding when issuing statements, press releases, requests for{proposals,bid Mvitaticns,and other documents describing projects or programs funded in whole or In part wlth Federal funds. Any cost allocable to a particular Federal award provided for in 2 C,F,R, Part 200, Subpart E may not be CN charged to other Federal awards to overcome fund deficiencies,to avoid restriotions unposed by Federal c14 statutes, regulations,or terms and conditions of the Federal awards,or for other reasons. However,thle >_ prohibition would not praclude a Sub-Recipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federat statutes, mgulatlons, or the terms and conditions of the federal award. Sub-Recipients are required to comply 1,0h the mquiremerAs sal forth in the government-wide Award Term regarding the System for Award Management and Universal Identifier Requirements kc sated at 2 C.F.R.mart 25,Appendix A, the full text of which incorporated here by reference in the terms and U conditions of your award. X All Sub-Recipients must acknowledge and agree to comply with applicable provisions governing QHS access to records,accounts,documents,ir>formatian,facilities, and staff. 1. Sub-Reclpient must cooperate with any compliance review or compliant investigation conducted by the State Administrative Agency or OHS, 2, Sub-Recipient will give the State Administrative Agency, DHS or through any authorized representative, access to and the right to examine and copy, records,accounts, and other documents and sources of Infarmetlon related to the federal financial assistance award and permit access to facilities, personnel,and other individuals and information as may be necessary, as required by OHS regulations and other applicable laws or program guidance. 3. Sub-Recipient must submit timely, complete,and accurate reports to the FDW and malntaln appropriate backup documentation to support the reports, Sub-Recipients must also comply with all other special rmport'sng,data collection and evaluation requirements, as prescribed by law or detailed in program guidance. Fn 4. Sub-Recipient will acKnowr edge their use of federal funding when issuing statements, press releases, requests for proposals,bid invitations,arvd other documents describing projects or programs funded In whole or in part with Federal funds. cN cN 5, Sub-Recipient who receives awards made under programs that provide emergency communications equipment and Its related activities must comply with SAFFCOM Guidance for Emergency Communications Grants, Including provisions on technical standards that ensure and enhance Waroperabie communications, S. When original or replacement equipment acquired under this award by the Sub-Recipient fs no longer needed for the original project or program or for other activities currently or previously 63 supported by DHSIFEMA, you must request instructions from FDEM to make proper disposition of the equipment pursuant to 2 C:F.R, Section 200,313, 7. DHStFEMA funded activities that may require an EHP-revieware subject to FEMA's Environmental planning and Histmic Preservation(1-HP)review process.This review does not address all federal, state, and local requirements.Acceptance of federal funding requires racipient to comply with all federal, state, and local taws. Failure to obtain all appropriate federal, state,and lmal environmental permits and clearances may jeopardize federal funding, If ground disturbing activities occur during construction,a9plicantWM monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, if applicable,and DHSIFEMA. 8. Sub-Recipient will comply with the applicable provisions of the fallowing laws and policies prohibiting discrlminatiow CN CD a. Title V1 of the Civil Rights Act of 1954, as amender!,which prohibits discrimination based `_ on race,color,or national orlgln(including limited engfish proficiency). b. Section 504 aP the Rehabilitation Act of 1973, as amended,which prohibits disorimination leased on disability, c, Title IX of the lwducatlon Amendments Act of 1972, as amended,which prohibits discrimination based on sex in education programs or activities, d. Age Discrimination Act of 1975,which prohibits discrimination based en age. is. U.S. Department of Homeland Security regu)ation 6 C,F.R, Fart 19,which prohibits U discrimination based on religion in social service programs. X X c14 c14 c� 64 I ATTACHMENT I MANDATORY CONTRACT PROVISIONS Provislons: Any contract or subcontract funded by this Agreement must contain the applicable prov{siona outtlned in Appendix 11 to 2 C.F,R. Part 200. It is the responalbiRy of the sub•reciplent to include the required provisions. The following is a list of sample provisions from Appendix Ii to 2 C,F,R, mart 2D0 that M be required:' Appendix 11 to Fart 200---Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions rewired by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, C14 as applicable. N (A)Contracts for more than the simplified a❑quisitlon threshold,which Is the inflation adjusted >_ LL amount determir+ed by the Clvfiian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils)as authorized by 41 U,8,0. 1908, must address administrative, contractual,or legal remedies In instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate, (B)Al)contracts in excess of$1 O,000 must addrese termination for cause and for convenience by the non-Federal entity including the manner by which it witi be affected and the basis for Settlement, (C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all U contracts that meet the definition of"federWy assisted construction contract"in 41 CFR Fart 6U-1.3 most W include the equal opportunity clause provided under 41 CFR 60-1,4(b), In accordance with Executive Order 11246,"Equal Employment Oppartunhy"(30 FR 12319, 12935, 3 CPR Part, 1964-1965 Comp., p. 339},as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal E.mptayment Opportunity,"and implementing regulations at 41 CFF;part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," (0)Davis-Bacon Act, as amended(40 U.S.C. 3141-3148). When required by Federal program legislation,all prime construction contracts in excess of$2,000 awarded by non-Federal entfties must include a provision for compliance with the Davis-Bacon Act(40 U.S. 3141-3144,and 3146.3146) as supplernented by Department of tabor regulations(2.9 CPR Part 5, `tabor Standards Provisions AppllcaNe to Contracts Covering Federally Financed and Assisted Construction"). in accordance with the statute,contractors must be requtmd to pay wages to ikorers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor, in addition, contractors must be required to pay wages not less than once a week.The non-Federal enflty must place a copy of the current prevailing wage determination issued by the Department of tabor in each solicitation.Th®decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-K(ckbaok"Act(40 U.S,C. 3145),as supplemented by Department of tabor regu)atlons(29 CFR Part LO 3, "Contractors and Subcontractors on Public Building or Publlc Work Financed In Whole or In Part by Loans or Grants from the UOted States"y.The Act provides t mt each contractor or Sub-recipient must be prohibited from inducing, by any means, any person employed in the construction,completion,or repair of N public work,to give up any part of the compense0on to which he or she is otherwise entitled.The non- N Federal entity must report all suspected or reported violations to the Federal awarding agency. ('E)Contract Work Hours and Safety Standards Act(40 U.S,C. 3701-3708).Where applicable,all contracts awarded by the non-Federal entity In excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 44 U.S.C, %3702 and M4, as r For example, the Davis-Bacon Act is not applicable to other FEMA grant and coopewative,agreement programs, including the Public Assistance Program or Hazard MItitoation Grant Program; however, sub- recipient may Include the provision In Its subc❑ntracta. 65 supplemented by Department of labor regulations(29 CFR Part 6). Under 40 U.S.C,§3702 of ti)s Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work weak of 40 hours, Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a haif times the basic rate of pay for all hours worked in excess of 40 hours in the work week, The requirements of 40 U.S.G. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous,These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F)Rights to Inventions Made Under a Contract or Agreement. If the rederai award meets the definition of"funding agreemento under 37 CFR§401.2 4a)and the recipient or Sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental,or research work under that"funding agreement,"the recipient or Sub-recipient must comply with the requirements of 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any Implementing regulations issued by the awarding `14 agency, C1' (G)Clean Air Act(42 U.S,C.§§ 7401-7671q.)and the Federal Water Poilutbn Control Act(33 U_ U.S.C. 1251-1387), as amended--Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or issued pursuant to the Crean Air Act(42 U.S.C.§§ 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).Violations must be reported to the Federal awarding agency and the Regionat Office of the Enulronrmental Protection Agency(EPA), (!-I)Debarment and Suspension(Executive Orders 12540 and 12689)--A contract award(see 2 C5R§ 180.220) must not be made to parties listed on the governmentwide Excluded Parties L st System U in the System for Award Management(SAIUI), in accordance with the OMB guidelines at 2 CFR 180 that X Implement Executive Orders 12549(3 CFR fart 1986 Comp., p. 189)and 12689(3 CFR Part 1989 Comp.,p. 235),"Debarment and Suspension:'The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies,ac well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12649. (1)Byrd Anti-Lobbying Amendment(31 U.S.C, §1352)--Contractors that apply or bld for an award of$100,000 or more must file the required certificatlon, Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for Influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connectlon with obtain,Mq any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award, Such disclosures are forwarded from tier to tier up to the nest-Federal award. (J) See§200,323 Procurement of recovered materials, (K)See§200,21C prohibition on certain telecommunicatson and video surveiifnnce services or equipment. (L)See§200,322 Domestic preferences for procurements MpperadU 1.1 to Part 200, _Revised.Eff, 11/1212020), Fn Please note that the sub-recipient alone is responsible for ensuring that all language included in CN cN its contracts meets tlxe requirements ref 2 CF R. §200.327 and 2 C.FP, Part.200, Appendix 11 E c� 66 ATTACHMENT J FINANCIAL AND PROGRAM MONITORING GUIDELINES Florida has enhanced skate and iocai capabllhy and capacity to prevent,prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds, The Florida Division of Emergency Management(FQEM)has a respon%%Uty to track and monitor the status of grant activity and Items purchased to ensure compliance with applicable Homeland Security Grant Program(HSGP)grant guldance and statutory reguiattons. The monitoring process Is designed to assess a Sub-Rsclplent agency's compliance with applicable state and federal guldellnes. Monitoring Is accomplished utlllzing various methods Including desk monitoring and on-site visits. There are Mc primary areas reviewed during monitoring activities-financial and programmatic monitoring. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements.It involves the ravlew of records assodiated with N the purchase and disposition of property, projects and contracts. Programmatic monitoring seeks N to validate and assist in the grant progress, targeting Issues that may be hindering project qoals LL >_ and ensuriing compliance with the purpose of the grant and overall grant program. Programmatic monitoring Involves the observation of equipment purchased, protocols and other associated records, Various levels of financial and programmatic review may be accomplished during the monitoring process. vnl 91jag ,le 'on and Scheclullnm Each year the FOEM wtll conduct monitorf based an a"Risk Assessment". The risk assessment U tool Is used to help in determining the priority of Sul]-Recipients that should be reviewed and the X level of monitoring that should be performed. It is Important to note that although a given grant may be closed, it is still subject to either desk or on-site monitoring for a five(5)yesr period following closure, Areas that will he agimingaJ"cluc e: Management and administrative procedures; * Grant fdtder rnaintename; * Equipment accountability and sub-hand receipt procedures; Program for obsolescence; * Status of equipment purchases; 9 Staters of training for purchased equipment; s Status and number of response trainings conducted to include number trained; e Status and number of exercises; Status of planning activity; ■ Anticipated projected completion; * Difficulties encountered in compietiog Projects; Agency N1MSlI08 compliance documentation; Equal Employment Opportunity(EEO Status); * Procurement Policy N FDEM may request additional monitor'ingllnfonnation of the activity, or lack thereof,generates N questions from the region,the sponsoring agency or FDEM leadership, The method of gathering this information will be determined an a casa-by-case basis. Mont riing ArANKies: Desk reviews and s1te visits are two forms of monitoring.Dest monitoring is the review of projects, financial activity and technical assistance between FDEM and the applicant via a-mail and telephone, On-site monitoring are actual visits to the Sub-Recipient agencies by Division representatives who examines records,procedures and equipment. 67 i Desk monitoring is an on-going process, Sub-Recipients will be required to participate In desk top monitoring as determined by FDEM. This contact will provide an opportunity to identify the need for technical assistance(TA)and/or a site visit if FDEM determines that a Sub-Recipient is having difficulty completing their project, As dlfficultie3s/deficiencles are Identified,the respective region or sponsoring agency wilt be notified by the program office via email. Information will include the grant Sub-Recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency Revel, issues that require further TA will be referred to FDEM for assistance, Examples of TA include but are not limited to: * Equipment selection or available vendors * Eligibility of items or services * Coordination and partnershlp with other agencies within or outside the region or discipline Regard KWIng * Reporting Requirements * Documentation In support of a Request for Reimbursement >_ LL On-site monitoring will be conducted by FDEM or designated personnel. On-site monitoring visits will be scheduled In advance with the Sub-Reciplent agency POC designated in the grant agreement. FDEM will also conduct coordinated financial and grant file monitoring. Subjeect matter experts frost ether agencies within the region or state may be called upon to assist in the form of a peer review as needed. X [7n-Sl19 Mon1Jgda PrntW I On-site monitoring visits wlII begin with those grantees that are currently spending or have completed spending for that federal flscsl year(1=M, Site visits may be combined when geographically convenient, There is a financial/programmatic On-site monitoring checklist to assist in the completion of all required tasks. SkVislt Pronaration A letter will be serrt to the Sub-Raciplent agency Point of Contact(POO)outlining the date, time and purpose of the site visit before the planned arrival date.The appoirrrtment should be confirmed with the grantee in writing (email is acceptable)and documented in the grantee folder, The physical location of any equipment Imated at an alternate site shouid be confirmed with a °E representative from that location and the address should be documented in the grantee folder before the site visit. Qn SIte MornItor.1lig_yip lt Once FD5M 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.All objectives of the site visit will be explained during this time. i=DEM personnel will review all files and supporting documentation. Once the supporting Q documentation has been reviewed, a tourMsual/spot inspection of equipment will be conducted. Each item selected for review should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.)should have an asset decal(information/serial number)placed In a prominent location on each piece of equipment as per Sub-Reciplent agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase, Photographs should be taken of the equipment(large capital expenditures in excess of $1,000, per item). 68 i if an item is not available(being used during time of the site visit),the appropr4ate documentation must! e provided to account for that particular piece of equipment. Other programmatic Issues can be discussed at this time, such as missing quarterly reports,payment voucherfre'rnburaement, equipment, questions, etc, Eost KoVitpringVisit r"f7EM personnel will review the On-alto monitoring warksheats and backup documentation as a team and discuss the events of the On-site monitoring. Within Forty-Five(45)calendar days of the site visit, a post monitoring letter will be generated and seat to the grantee explaining any issues ar�dd correvtive actions required or commendations, Should issues or findings be identified, a noncompliance letter to that effect will be generated and sent to the Sub-Recipient. The Suh-Reciplent wM s0rnh a Corrective Actlon Ilan within a timeframe as determined by FOEM. Noncompliance on behalf of sub-grantees is resolved by management under the terms of the Sub-Grant Agreement. N The on-site rrr 0toring report and all back up documentatlon will then be included In the Sub- N Recipient's file, >_ e s ob i Mon n R Subreclpients who are pass4hrough entities are responsible for monitoring their subreciplents in a mar*nar consistent with the terms of t"federal award at 2 C.F.R. Part 200, including 2 C•F.R. § LU 200,331, This includes the pass-through entity's responsibility to monitor the activities of the subre*lent as necessary to ensure that the subaward is used for authorized purposes, in U LU compliance with federal statutes, regulations, and the terms and conditions of the subaward;and X that subaward performance goals Are achieved. LU Subreciplent responsibilities also include but are not limited to;accounting of receipts and expenditures,cash management, maintaining adequate financial records,reporting and tefunding expenditures disallowed by audits, monitoring if acting as a pass-through entity, other assessments LU and reviews, and ensuring overall compliance with the terms and"dMons of the award or LL subaward, as applicable, including the terms of 2 C,F.R.Part 200, X LU cN cN c� 69 i ATTACHMENT K EHP GUIDELINES ENVIRONMENTAI_PLANNING&HISTORIC PR ES ERVATIO N(FHB')COMKIA NC :GUIDELIN E The following types of projects are to be submitted to F MA for compliance review under Federal rwironmental Pienning.and Historic 'reservation( HP)laws and requirements prior to initiation of the project: • New Construct on, Installatfon and renovation, including but not limit =l to; o Emergency Operation Centers o Security Guard fac7itles o Equipment buildfrrgs(such.as those accompanying communication towers) o Watwside Structures(such as dock louses, piers.eta CN CN • Placing a repeater and/or rather equipment on are existing tower >_ • Renovation of and modification to build(ngs and structures that are 50 years old or older 0 Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enharr-ements to irnprove perimeter security • PhystoaI security Enhancements,:including brit not fimited to: o bighting Fendog o Closed-circuit televjsion.(CCTV)pystems W ❑ Motion dQ$QCtiC2t�.systern o Barriers, doors,gates and related security enhancements In additlon,the erection of communications towers that are included in a jurisdiction's interoperable corn munications plary is allowed.,subied to It appl4c 1){e.1�ws,re�q cations, and licensling provisions. Communication tower projects must be ubmitted to FEMA for EHP review. ENP SCREENING FORM SUBMISSION i, For projects regtlirin EH review, the Sub-Reci lent must submit the EKP Screening 5orm to the Stste;Administrative Agency (AAA)for review prior to funds being expended. The SAA.Point of Contact for EflP review is; e cia ir��rt�ck ,ur u f Pr arpo n gAL— sar estio ectrrity 2555 gttVmar CJak i3o tl�e+ r Tgllaha see.F ida 3 -2, 00 lets h a:850- 15-43 3 C ficia.F'irirrc�c Cd! tri,_nufior_ida.com it. The SAA POC will forward EHP Screening Forms to OHS/F MA for review and approval. CN cN Ill. Sala-Recip.lent's roust receive written approval from the SAA prior to the use of grant funds for projezt lmplemeillablon. THE ROJE 7 MAY NOT 13EGIN UNTILIFINAL FE�/IiA APPROVAL IS F FOEIV D, c� 70 ATTACHMENT L. REIMBURSEMENT CHECKLIST LA Nl ra [� 1. Does the amount billed by consultant add up correctly? 2. Has all appropriate documentation to denote hours worked been property signed? 3. Have copies of all planning materials and work product(e.g, meeting documents, copies of plans) been included? (Note - If a meeting was held by Sub-Recipient or contractor/Consultant of Sub- Recipient„an agenda and signup sheet with meeting state 4. Has the invoice from consultantleontraotor been included? (Note — grant agreement must be referenced on the Invoice,) Q El 5. -Has proof of payment been Included? Canceled check,bank statement or transaction history(Showing the transaction was processed by the bank) Electronic Funds Transfer(En confirmation Credit Card Statement&payment to credit card company for that statement 6. Has Attachment G (found within Agreement with FIaEM) been completed for this contractor/consultant and Included In the reimbursement package? U X ]� 7, Has proof of purchase methodology been Included? Please see Form 5 of Reporting Forms or Purchasing Saslos Attachment if further clarity Is needed. Sole Source(approved by FDEM for purchases exceeding$25,000) Stag Contract(page showing contract#,price list) Competltivo bid results(e.g,Quotewire,bid tabulation page) C ns [to Contra gtqrs ;this ies togontr or billed. de OrganlzaM MA_ Q _ t, Is the course DHS approved? 2. Is there a course or catalog number'? X El 3. If not,has FIDEM approved the non-DHS training? 4, Have Sign-In Sheets, Fosters and Agenda been provided? 5. If billing for overtime and/or backfill, has documentation been provided that lists attendee names, department,#of hours spent at training,hourly rate and total amount paid to each attendes? Have documentation from entity's financlal system been provided as proof attendees were paid? c14 For baekfill, has a clear dellneaiforlcross reference been provided showing who was backfitling who? 6. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for E whom training reimbursement costs are being sought? 7, Have any expenditures occurred In support of the training such as printing costa, costs related to administering the training, planning, scheduling, facilltles, materials and supplies, reproduction of materials,and equipment? If so,receipts and proof of payment must be submitted. 71 I i Canceled check,dank statement or transaction history(Showing the transaction was processed by the bank) Electronic Funds Transfer(EFT)Confirmation _ Credit Card'State ment&payment to credlt card company for that statement 7. Has proof of purchase methodology been included? Please sae Form 5 of Reporfing Forma or Purchasing 13Wes Affachment It Palrthor olarfdy is needed. 8ofe 9,curce(approved by F D E M for purchases exceeding$25,000) State Cortract(page showing contract#,price flat) Compefltive bid results(e.g. Quotewire,bid tabulation page) F.J�RCGSE 1. Has documentation been provided on the purposelob]ectives of the exercise? 8ltuallon Manual Exercise Plan CN cN L� 2. If exercise has been conducted are the following included: >- . Aftw-aetcvn report SigrAn sheets Agenda �, Rosters ❑ 3. If billing for overtime aid WWI, has a spreadsheet been provided that Ilste attendee natures, dope rbnlent,#of hours spent at exercise,hourly rate and total paid to asoh attendee2 U Have documentation from entity's financial system been provided to prove attendees were X paid? For beakfill, has a clear detinaatlonlcross referenra been provided showing who was backf llIng who? 4. Have the names on the sign-in sheets been cross-referenced with the names of the Individuals for whom exercise relmhumsmsnt costs are being saught? 6. Have any expatrdiiums occurred on supp ies(a.g.,oopying paper,gloves,tape,eto)In support of the exercise? If sa, recaIpts and proof of payment must be inciuded. CancMad check,bank statement or transaction history(Showing the transaction was processed by the bank) Etectranic Funds"transfer(EM Confirmation Credlt Card Statement&payment to credit card company for that statement S. Has any expendlturres occurred'on rental of space/locations for exercises planning and conduct, axerclse signs,badges,%tc.1 4f so,receipts and proof of payment must be Included Canceied check,bank statement or transaction history(Showing the transaction was processemi by the bank) llectronlc Funds Transfer(EFT)Confirmation Credit Card Statement&payment to credit card company for that statement cN �] 7, Has proof of purchase methodology been Motuded7 Please so*Form 5 of Reporting Forms or Q CN Purchasing Baslcs Attachment if fvrtherclanty Is needed. ; Sole Source(Opp roved by FOE fay purchases exceeding$26,000) State Contract(page showing contract#,price list) Competitive laid results(e.g.Quotsm tre,b4d tabu%bon Page) c� Ut ftlT Q 1. Have all invoices been included? 72 El 2. Has an AEL#been identified for each purchase? 3. If servlcelwarranty expenses are listed,are they only for the performance period of the grant? 4. Has proof of payment been included? Canceled check, bank statement or transaction history(Showing the transaotion was processed by the bank) Electronic Funds Transfer(EFT)Confirmation Credit Card Statement&payment to credit card company for that statement 0 5. If EHP form needed,has a copy of the approval DHS been Included? Q 6. Has proof of purchase methodology been Included? Pease see Form 5 oi`Reporting Forms or Purchasing Basics Attachment If further clarlty Is needed. Sole Source(approved by F'DEM for purchases exceeding$26,000) Slate Contract(page showing contract#,price list) Competitive Ud results(e.g,Quotswire,bid tabulation}gage) Q MA_�l�LgE12 NC 1. Have all receipts been turned in,itemized and do the dates on the receipts match travel dates? _Airplane receipts Proof of mileage(Coogle or Yahoo map printout or mileage log) 'doll and/or Parking receipts Hotel receipts(Is there a zero balance?) Gar rental receipts U Registration fee receipts X Note: Make sure that meals paid for by conference are not Included in per diem amount Q 2. If travel Is a conference has the conference agenda been Included? 3, Has proof of payment to traveler been Included? Canceled check,bank statement or transaction history(Showing the transaction was processed by the bank Electronic Funds Transfer(EFT)Confirmation _Credit Card Statement&payment to credit card company for that statement Copy of paycheck if reimbursed through payroll SAL.4RY ROSJTiW X 1. Hasa ed timesheet by employee and supervisor been included? Tlmesheet must certify the hours and information presented as true and correct. 2. Has proof for time worked by the employee been Includedl is time period summary included? Statement of Earnings Copy of Payroll Check Payroll Register _For fusion center analysts, have,the certification documents been provided to the SAA to CN demonstrate compliance with training and experience standards? car 9RQ4NIZATION 1, If billing for overtime and backflll, has a spreadsheet been provided that lists attendee names, department,#of hours spent at exercise,hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? 73 For backfili, has a dear delineation/cross reference been provided showing who was backfilling who? ALL 8MBURSEMENTSME M&MCK ❑ 1. Have all relevant forms been completed and Included with each request for reimbursement(Including Daily Activity Reports for OPSG)? 2. Have the costs incurred been charged to the appropriate POETS category? 3. Does the total on all Forms submitted match? 4. Has Reimbursement Form been signed by the Grant Manager and Financial Officer? 5. Has the reimbursement package been entered Into Sub-Recipierts records/spreadsheet? © B, Have the quantity and unit coat been notated on Reimbursement Budget Breakdown? C14 c14 7. If this purchase was made vla Sole Source,have you included the approved Sole Source > documentation and Justification? 8. Do all of your vendors have a current W-9(Taxpayer Identification)on file? 9. Has the Attachment G(found within Agreement with FOEM)or proof of SAM.gov registration been provided fnr the contractorsloonsultants with the reimbursement package, Please note:POEM reserves the rlghtto update this checklist throughout the life of the grant to ensuro U compllance with applicable federal and state rules and regulations. X X cN cN a� c� 74 N f� �T♦ CD LO V L n. 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OC ar ��\ ��\ �fd� ��\ 1\ § ��\ \ \ & » & ? » ��\ ��\ U ��» ��\ \tETPP • .�» 3 \ ��\ • ��\ \ C14 ? & \ . a ��\ ��\ 2021 UASI Sub-Recipients Broward County Emergency Management (BEMA) Broward Sheriff's Office (BSO) Coral Gables Coral Springs N Fort Lauderdale N Hialeah Hollywood Key Biscayne Miami Beach W Miami Gardens Miami-Dade (Fire, Police and Emergency Management) Miramar Monroe County (Fire, Police and Emergency Management) Palm Beach County Emergency Management Palm Beach County Sheriff's Office {PESO} Pembroke Pines Sunrise N CN Regional -- Projects shared across the entire region that includes members listed above as well as: E Florida Department of Law Enforcement (FDLE) MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2021 "Jurisdiction" Agreement Number: R0521 FAIN Number: EMW-2021-SS-00056-S01 CFDA#: 97.067 This Agreement is entered into this day of ,2022,by and between the City c14 c14 of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and >_ (the"Participating Agency"). RECITALS WHEREAS, the U.S. Department of Homeland Security(USDHS)is providing financial assistance to the Miami urban area in the amount$14,012,500 dollars through the Urban Area Security Initiative(UASI) U Grant Program 2021; and x WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 2021; and WHEREAS, as the USDHS requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the UASI Grant Program 2021 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2021 Urban Area has been defined Miami and Ft. Lauderdale collectively and anticipates sub-granting a portion of the UASI funds in accordance with the grant requirements; and WHEREAS, the City Commission, by Resolution No. adopted on_ _ 2022 , has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and cN WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the N 4i Urban Area Working Group process to enhance Miami and its surrounding jurisdictions abfflty to respond to a terrorist threat or act. c� NOW THEREFORE, in consideration of the foregoing,the parties hereto agree as follow: 1 I. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASI Grant Program 2021 which was made available by the U.S. Department of Homeland Security and the State of Florida Division of Emergency Management(FDEM). B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring Agency_ II. SCOPE A. The provisions of this Agreement apply to UASI Grant Program 2021 activities to be performed at the Q N request of the federal government, provided at the option of the Sponsoring Agency,and in conjunction >- with, preparation for, or in anticipation of, a major disaster or emergency related to terrorism and or weapons of mass destruction. B. No provision in this Agreement limits the activities of the Urban Area Working Group or its Sponsoring U Agency in performing local and state functions, W Ill. DEFINITIONS A. Critical Infrastructure: Any system or asset that if attacked would result in catastrophic loss of life and/or catastrophic economic loss management of resources (including systems for classifying types of LL resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. B. Core County: The County within which the core city is geographically located. The core city is the City of Miami. C. UASI Grant Program 2021: The UASI Grant Program 2021 reflects the intent of Congress and the Administration to enhance and quantify the preparedness of the nation to combat terrorism and continues to address the unique equipment,training, planning,organization and exercise needs of large N high threat urban areas, and program activities must involve coordination by the identified core city, Q core county/counties, and the respective State Administrative Agency. Funding for the UASI Grant Program 2021 was appropriated by U.S. Congress and is authorized by PuNic Law 108-11, the Emergency Wartime Supplemental Appropriations Act, 2003. The funding will aid in building an enhanced and sustainable capacity to plan, prevent, protect, mitigate, respond to, and recover from threats or acts of terrorism for the selected urban areas. D. National Incident Management System (NIMS): This system will provide a consistent nationwide approach for federal, state,and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To 2 provide for intero pera bil ity and compatibility among Federal, State, and local capabilities,the N I M S will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems;unified command and training. E. Urban Area Working Group (UAWG): The State Administrating Agency Point of Contact(SAA POC) must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identify PDCs from these jurisdictions to serve on the Urban Area Working Group. The Urban Area Working Group will be responsible for coordinating development and implementation of all program elements, including the urban area assessment, strategy development, and any direct services that are delivered N by the grant. N F. Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and county/counties, or with which the core city or county/counties have established formal mutual aid agreements. t3 IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: X A. Providing an administrative department, which shall be the City of Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Coordinating with named counties and cities, with the respective State Administrative Agency,and with the FDEM and USDHS. C. Conducting a comprehensive Urban Area Assessment, which will in turn guide the development of an Urban Area Stakeholder Preparedness Review. D. Ensuring the participation of the following critical players in the assessment and strategy development rn process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health. N E. Deveioping a comprehensive Urban Area Stakeholder Preparedness Review and summit to the SAA E POC. F. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit 41". G. Ensuring satisfactory progress toward the goals or objectives stipulated in "Exhibit#1". H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit#1 3 I. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the main liaison and partner with the City of Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. S, Participating Agencies and any sub-grantees must abide by the grant requirements including budget authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of N assets as stipulated in"Exhibit#1". C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct purchases of equipment or services as stipulated in"ExNbit#V. U D. Complying with all UASI Grant Program 2021 requirements as stipulated in"Exhibit#1". X E. Participating as a member of the Urban Area Working Group to include coordinating with and assisting the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide development of an Urban Area Stakeholder Preparedness Review. F. Ensuring the participation of the following critical players in the assessment and Stakeholder _ Preparedness Review development process; law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health, G. Assisting the sponsoring agency in development of a comprehensive Urban Area assessment and Stakeholder Preparedness Review. H. Complying with the requirements or statutory objectives of federal law as stipulated in"Exhibit#1". Q N I. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit#1". c� J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in"Exhibit#1", K. Maintaining an equipment inventory of UASI purchased items. L. Ensure that equipment obtained from the UASI Grant Program: 2021, as identified in "Exhibit#2°, Is readily available for use by personnel trained to use such equipment for actual emergencies, special 4 I events or exercises. Also, ensure that such equipment is readily available for cnsite monitoring by DHS, FDEM, and the Sponsoring Agency. If the Participating Agency is incapable of staffing the equipment,such equipment shaft be made available to another Participating Agency for use during any actual emergencies,special events or exercises. Failure to ensure equipment availability may result in loss of funding andlor equipment to the Participating Agency. M. All equipment obtained from the UASI Grant Program 2021, as identified in "Exhibit 2", is the sole responsibility of the receiving agency. This includes, where applicable, maintenance, replacement, , training on equipment, and insuring of equipment and personnel, and compliance with intra-agency auditing requirements. N N VI.THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely by the Sponsoring Agency. t3 B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in X a timely fashion. The Sponsoring Agency will prepare consolidated reports for submission to the State of Florida as stipulated in "Exhibit 1 LL C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel. D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28, Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a municipality, state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement or any other contract. N E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay N invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency, VII. FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $750,000 ❑r more of Federal funds during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and 2 CFR 200. 5 B. The Secretary of Homeland Security and the Comptroller General of the United States shall have access to any books, documents, and records of recipients of UASI Grant Program 2021 assistance for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland Security or the Comptroller General,these documents are related to the receipt or use of such assistance.The grantee will also give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. C. Financial Status Reports are due within 14 days after the end of each calendar quarter. A report must cN be submitted for every quarter that the award is active, including partial calendar quarters, as well as Q for periods where no grant activity occurs as stipulated in"Exhibit V. >` ❑. Submit progress reports to describe progress to date in implementing the grant and its impact on homeland security in the state. t3 E. All financial commitments herein are made subject to the availability of funds and the continued mutual X agreements of the parties as identified in"Exhibit 2", Vill. CONDITIONS,AMENDMENTS,AND TERMINATION A. The Participating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and ail obligations under this Agreement. B. Any provision of this Agreement laterfound to be in conflictwlth Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement,and the remainder of the Agreement shall remain in full force and effect. N C. This Agreement may be terminated by either party on thirty(30) days written notice to the other party N at the address furnished by the parties to one another to receive notices under this agreement or if no address is specified, to the address of the parties' signatory executing this contract. D. This Agreement shall be considered the full and complete agreement between the undersigned parties and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except for any executory obligations that have not been fulfilled. 6 E. This Agreement will end on June 30, 2023, unless otherwise extended, by a written amendment duly approved and executed prior to June 30, 2023, unless otherwise extended, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's ability to conform to procedures, training and equipment standards as prescribed by the grant. IX. MISCELLANEOUS OVERALL Counterparts: Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this N Agreement(whether by facsimile, PDF or other email transmission), which signature shall be binding on N the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. SPONSORING AGENCY U THE CITY OF MIAMI, a municipal W Corporation of the State of Florida ATTEST: BY: BY: X Todd B. 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