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FY2021 08/17/2022
® BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Craig Cates,District I The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 �' ., Michelle Lincoln,District 2 �i James K.Scholl,District 3 David Rice,District 4 Emergency Management Department 490 631d Street,Suite. 150 Ocean Marathon,FL 33050 '' Phone: 305-289-6018 Fax: 305-289-6333 LETTER OF TRANSMITTAL Date: December 61',2022 Attention: Pam Hancock, Deputy Clerk Monroe County Clerk of Courts Re: Enclosed please find one original fully executed agreement between Monroe County and the City of Miami, FL,regarding an Urban Area Security Initiative Grant(UASI). The grant contract between City of Miami and Florida Division of Emergency Management is includes!as Exhibit 1. This agreement was approved as item C-12 by the BOCC at the August 171', 2022 meeting. ENCLOSED PLEASE FIND THE FOLLOWING ITEM(S): # DESCRIPTION 1 original Board of County Commissioners agreement Agenda Item C-12— August 171,2022—APPROVED THESE ARE TRANSMITTED AS CHECKED BELOW: [ ] For Execution [X ] For Your Processing [ ] For Review and Comment ( ] For Review and Signature [ ] Returned for Corrections [ ] For Approval Jeff Manning 289-6325 CITY OF MIAMI DOCUMENT ROUTING FORM ?'k hill 111'VII . n 1 11 ; ORIGINATING DEPARTMENT: Fire-Rescue DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: 'Monroe County" IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO TOTAL CONTRACT AMOUNT:$ FUNDING INVOLVED? ❑ YES X NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ MAINTENANCE AGREEMENT ❑GRANT AGREEMENT ❑ INTER-LOCAL AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LEASE AGREEMENT ❑ LICENSE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER:(PLEASE SPECIFY:Memorandum of Agreement PURPOSE OF ITEM(BRIEF SUMMARY): To execute FY 2021 Urban Area Security Initiative("UASI") —Memorandum of Agreement "MOA" . COMMISSION APPROVAL DATE: 2/24/2022 FILE ID: 11336 ENACTMENT NO.: R-22-0078 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL,PLEASE EXPLAIN: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 11I1122 PRINT: Ty McGann, AFC SIGNATURE: PRINT:ANN-MARIE SHARPE SUBMITTED TO RISK MANAGEMENT 11/1122 SIGNATURE: ifi& 11/17/22 PRINT: VICTORIA MENDEZ SUBMITTED TO CITY ATTORNEY �V.r: SIGN Aw- a-.,-� i1AF ID 22 3084 PRI APPROVAL BY ASSISTANT CITY MANAGER SIGNATURE: PRINT: ART NO GA RECEIVED BY CITY MANAGER SIGNATURE: PRINT: 1) ONE ORIGINAL TO CITY CLERK, SIGNATURE: 2) ONE COPY TO CITY ATTORNEY'S OFFICE, PST: SIGNATURE: 3) REMAINING ORIGINAL(S)TO ORIGINATING DEPARTMENT PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2021 "Monroe Comm' Agreement Number: R0521 FAIN Number: EMW 2021-M00056-S01 CFDA#: 97.067 This Agreement is entered into thisX`'day of �,ttZJeaM�-C', 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°). RECITALS WHEREAS,the U.S.Department of Homeland Security(USDHS)is providing financial assistance to the Miami urban area in the amount$14,012,600 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 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. 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: t 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. Il.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. 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. 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 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 equiipment,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 provide for interoperability and compatibility among Federal,State,and local capabilities,the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command and training. E. Urban Area Working Group (UAWG). The State Administrating Agency Point of Contact(SAA POC) must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identify POCs from these jurisdictions to serve on the Urban Area Working Group. The Urban Area Working Group will be responsible for coordinating development and implementation of all program elements, including the urban area assessment,strategy development,and any direct services that are delivered by the grant. F. Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and county/counties, or with which the core city or county/counties have established formal mutual aid agreements. IV.SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shalt 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 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 910 . 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#V. 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. B. Participating Agencies and any sub-grantees must abide by the grant requirements including budget authorizations, required accounting, and reporting expenditures, proper use of funds, and tracking of assets as stipulated in"Exhibit#1". C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct purchases of equipment or services as stipulated in"Exhibit#1". 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 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, govemmental 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". IC Maintaining an equipment inventory of UASI purchased items. L. Ensure that equipment obtained from the UASI Grant Program 2021, as Identified in "Exhibit 02", is readily available for use by personnel trained to use such equipment for actual emergencies, special 4 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 responsibiluty of the receiving agency. This includes, where applicable, maintenance, replacement, training on equipment, and insuring of equipment and personnel, and compliance with antra-agency auditing requirements. VI.THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely by the Sponsoring Agency. B. The Participating Agencies will provide financial and performance reports to the sponsoring agency In a timely fashion.The Sponsoring Agency will prepare consolidated reports for submission to the State of Florida as stipulated in "Exhibit 1 C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel. D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28, Florida Statutes,and each party agrees to be fully responsible for the respective acts and omissions of Its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a municipality, state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement or any other contract. E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay invoices In full for equipment, services, and allowable personnel costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency. VII.FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report, Recipients that expend $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 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"'Exhlbit 1". D. Submit progress reports to describe progress to date in implementing the grant and its impact on homeland security In the state. E„ All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties as identified in'Exhibit 2". Vill.CONDITIONS,AMENDMENT'S,AND TERMINATION A. The Participating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation,or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable Is severable from this Agreement,and the remainder of the Agreement shall remain in full force and effect. C. This Agreement may be terminated by either party on thirty (30)days written notice to the other party at the address furnished by the parties to one another to receive notices under this agreement or if no address is specified, to the address of the parties'signatory executing this contract. 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 assoclation. 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 SEgoltures,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 SPONSORING AGENCY THE CITY OF MIAMI, a municipal! Corporation of the State of Florida ATTEST: BY: BY: ;ry Todd B. Hannon Arthur Nodega City Clerk City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: BY: ° "� BY: Victoria M6ndez Ann-Marie Sharpe, Director City Attorney TMF MrD 22-3084 Department of Risk Management 7 PARTICIPATING AGENCY Monroe County BY. NAME:. Roman Gastesi TITLE; County-Administrator FtD#: --53-0000Z49------ DUNS: 073876757 APPROVED AS TO FORM AND CORRECTNESS: MONROE COUNTY ATTORNEY'S OFFICE Digitally signed by James D. James D.Motenaar M o l e n a a r ate:2022.08.09 09:22.21 -04'00' James Molenaar,Assistant County Attorney Participating Agency Attomey 9 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." As defined by 2 C.F.R.§200.1,"Federal award"means"Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R.§200.1,"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." The following information is provided pursuant to 2 C.F.R.§200.332: Sub-Recipient's name: Citv of Miami Fire Rescue__ Sub-Recipient's unique entity identifier: 1 ���LW1.5— Federal Award Identification Number(FAIN): EMW-2021-SS-00056-801 Federal Award Date: 9/1/2021 —08/31/2024 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 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 Name of pass-through entity: FL. Division of Emergency Mgmt. Contact information for the pass-through entity: 2555 Shumard Oak Boulevard Tallahassee Florida 32399 Catalog of Federal Domestic 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% 1 i i THIS AGREEMENT Is entered into by the State of Florida,Division of Emergency Management,with headquarters in Tallahassee,Florida(hereinafter referred to as the"Division"), and City of Miami Fire Rescue, (hereinafter referred to as the"Sub-Reciplent"). Fcr the purposes of this Agreement,the Divlslon serves as the paa8-through entity for a Federal award, and the Sub-Recipient serves as the recipient cf a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS; A. The Sub-Recipient represents that tt is fully qualified and eligible to receive these grant funds to provide tine services identified herein; B. The State of Florida received these grantfunds from the Federal government, and the Dlvislon has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C, The Division has statutory authority to disburse the funds under this Agreement, THEREFORE,the DtvWon and the Sub-Recipient agree to the following; (1) AP IPI.CATIQN OF TAT ,LAW TO TtdlS AGREEN4 N`fi 2 C.F.R, §200,302 provides,"Each state must expend and account for the Federal award In accordance with state laws and procedures for expending and accounting for the state's own funds." 'Therefore, section 215.971,Ronda Statutes, entitled'Agreements funded with federal or state assistance",applies to this Agreement. (2) L&W8,..RULEg. REGULATIQNS l GIE a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R Part 200, entitled"Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards,' b. As required by Section 216,971(1),Fierlde Statutes,this Agreement includes; 1. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision divlding the agreement into quantifiable units of deliverables that must be received and accepted In wrlting by the DivICon befofe paymant. 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. U1, A provision specifying the financial consequences that apply If the 5ub� Recipient fails to pedarm the minimum level of service required by the agreement, iv. A provision specifying that the Sub-Recip'ent may expend funds 0niy for allowable costs resulting from obligations Incurred during the speclfled agreement period, V. A provision specifying that any balance of unobilgated funds which has been advanced or paid must be refunded to the DIMsion. 2 i vl, A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement:must be refunded to the I NIsion_ c. In addition to the foregoing,the Sub-Rec(pient and the DtvEsior)shelf 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 appiles, (3) CONTACT a, In accordance with section 215.971(2), Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of hislher duties,the Grant Manager for the D(vision shall: i. Monitor and document Sub-Reclplent performanca;and, li Review and document ail deliverables for which the Sub-Recipient requests payment, b, The DMsion's Grant Manager for this Agreement is, Cnar<da de klm 206�Dumard QgLLoutevsrd Talll Wssge. Florida 2399 Taleohons: f850)815-4342 Ern�#4� .r ern.M riarida'Com c, The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement Is: Ass(Flre Chlef Robert Hey la 444 SW 2 d Aye, IOth Floor Mlam(, FL 33130 Telephono; 305-416-5402 Fax, 305-400-5348 Email: Robtievlagmiamlgov,com d, In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name,title and address of the new represerrtative will be prodded to the other party. (4) TERMSANti_CONDITIO This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXi~Ct171ON This Agreement may be executed in any number of counterparts,any one of which may be taken as an original, 3 (6) MODIFICATION Either party may request modification of the provisions of this Agreement, Changes which are agreed upon shall he 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 troth 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. §20D.1, the term"period of agreement"refers to the time during which the Sub-Recipient`may incur new obligations to carry out the worts 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 with section 215.971(1)(d), Florida Statutes, the Sub-Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The 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 only for allowable costs incurred by the Sub-Recipient in the successfuf 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,M,500. 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 expendNres, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award, I am aware that any false,fictitious,or fraudulent information,or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, 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 dacumentation provided by the Sub-Recipient against a performance measure, outlined in Attachment B, that clearly delineates: 4 i (6) M91317-1CAT'ION Either party may request modifioatlon of the proyisians of this Agreement. Changes whfch 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) SCQPI,OF WOR The Sub-Recipient shall perform the work in acoordance with the Budget and Scope of Work,Attachments A and B of this Agreement. (9) 'Et1t2T]QF_ARIli+1 T. This Agreement shall begin upon execution by both parties and will end June 30, 2023 unless terminated earfler in accodance with the provisions of Paragraph(17)of this Agreement, Consistent with the deiinition of"perlod of performance"contained In 2 C,F.R. §200 1,the term"period of agreement"refers to the time during which the Sub-Reclpient'may incur new oNgaticna to carry out the work authorized under"this Agreement, to accordance with 2 O.F.R. §21Dp.1, the Sub-Recipient may receive reirnbursemort under Wa Agreement only for"allowable costs incurred during the period of performance" in accordance with section 216.071(1)(d), Florida 8VAutes,the Sub-Recipient may expend funds authorized by this Agreement"only for allowahie costs resuYhing from obligations incurred during" the period of agreement. (9) FUL4Di G a. This is a cost-relmbursementAgreament,smbyeettothe avWlabllAyof funds. b, The State of Florida's performance and obligatlorr to pay under this Agreement is contingent upon an annual appropriation 1�y the legislature, and subject to any modificatlon in accordance with ofther Chapter,216, Florida Statutes, or the Florida Conatstution. c. The Division will reimburse the Sub-Recipients gjy for allowable costs incurred by the Sub-Recipient in the successful complo ion of each deliverable, The rnaxlmum reimbursement amount for each deliverable is outlined In Attachment A and B of this Agreement("Budget and Scope of Work"), The maximurn reimbursement amount for the entirety of tills Agresmem is$14,012,600, d. As required by 2 C.F.R.§200.41b(a), any request for payment under this Agreement must include a certification, alaned byar7 official who is authorized to i0g_ I bi o tN$s�b_ c4pi2t , whfch reads as follows., "By signing this report, I certify to the best of my ltnowiedge and belief that the report is tare, complete,and accurate,and the expenditures,disbursernents and cash recelpte are for the purposes and objectives set forth in tW terms and condltlons of the Federal award. I am aware that any false,fiotitlous, or fraudulent information, or the omission of any material fact,may subject me to crlminai, Civil or administrative penalties for fraud,false state-ments,false ciairns or otherwise, (U,S. Code Title 16, Section 1001 and Title 31,Sections 3720-3730 and 380-3812).° e. The Division will review any request for reimbursement by bomparing the documentation provided by the Sub-Recipient against a performanco measure, outlined in Attachment B, that clearly delineates: 4 f I. The required minimum acceptable level of service to be performed,and, 11, The criteria for evaluating the successful completion of each deliverable. t. The performance measure required by section 216.071(1)(b), Florida Statutes, remains conslstent with the requirement for a'performance goal",which is defined in 2 G.F.R. §200.1 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consEstent with the requirement,contained in 2 C.F.R. §24 .N-9,that the Division and the Sub-Raciplent"relate financial data to performance goals and Objectives of tihe Federal award." g. if authorized by the Federal Awarding Agency,then the Division will reimburse the Su#a-R%Ipiartt for overtime expenses In accordance with 2 C,F.R. §200,430("Cornpsnsatidn—personal services"}and 2 C.F,R. §200.431 ("Compensation—fringe benefits"). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, hollday, fitness,failure of the employer to provide sufficient work,or other similar cause(sae 29 U.S.C. then the D,Msion wiil treat the expense as a fringe benefit. 2 G.F.R. §200,431(a)defines fringe benefits as"allowanoss and servlcea provided by employers to their employees as compensation in additions to rsguiar saiaries and wages." Fringe benefits are allowable under this Agreement as long as the beneflta are reasonable and are required by few, Sub-Recipient-employee agreement, or an eatabfthed policy of the Sob-Recipient. 2 C.F.R. §200,431(b) provides that the cost of Fringe benefits in the forth of regular compensation paid to employees during periods of authorized absences from the job, such as for annuai leave,famliy-rebated leave, sick leave, holidays, court leave, mMary leave, administrative teeve,and other similar benafits,are allowable If all of the following criteria are met! I. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards;and, Al. The accounting basis (cash or accrual)selected for costing each type of leave Is consistently followed by the non-Federal entity or specified grouping of employees, h. if authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for travel expenses in accordant®vdrttl 2 C.F,R, §200.476. As required by the Reference Culde for State Rxpendltures, relmbursement for travel must be M accordance with section 112.061, Florida Statutes,which includes suhm(eston of the cialm on the approved state travel voucher. if the Sub- Reeipient seeks reimbursement for travet oasts that exceed the amounts stated In section 112.061(6)(b), Fiorids Statutes($S for breakfast,$11 for lunch, and$1S for dinner),then the Sul?-Reclplent must provide documentation that; i. The costa are reasonaMe and do not exceed charges normally allowed by the Sub-Reeclplent in its regular operations as a result of the Sub-Recipient's written travel policy; and, li. Participation of file Indtvlduai 4n the travel is necessary to the Federal award, 5 i. The I)Wsion's grant manager,as required by section 245.871(2)(c), Florida Statutes, shall roconeiie and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid In excess of the expenditures incurred by the Sub•Reclplent. J, As defined by 2 C,F.R, §200.1,the term"improper payment"means or includes: i. Any payment that should not have been made or that was made In an incorrect amount(including overpayments and underpayments)under statutory, contractual, administrative, or other legally applicable requirements,,and, ii. Any payment to an ineligible party,any payment for an inafiglble good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevent$a reviewer from discerning whether a payment was proper, k. Any advance payment under this Agreement is subject to section 210,181(18), Florida Statutee. The amount of advanced funds may not exceed the expected cash needs of Sub- recipient within the first ninety(00)days of the terrn of this Agreement. If an advance payment is requested, the budget data on which the request is based,and a justification statement shali be included with this Agreement as indicated In Attachment E, Justification of Advance Payment.Attachment F must specify the amount of advance disbursement requested and provide an explanation of the necessity for and proposed use of the funds. (10)�E-_9BUS a. As required by 2 C.F.R.§200.337,the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division,or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are Pertinent to the Federal award, in order to make audits,examinations,exwpts,and transcripts, The right Of acCO SS 8180 includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion reiated to such documents. Finally,the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by sentions 20.055(5)(c)and 215.97(5)(b), Florida Statutes, tho [Division, the Chief inspector General of the State of Florida, the F4aritia Auditor General,or any of their authorized representatives, shall enjoy the right of access to any documents,financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts, The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents, c. As required by Florida Department of States record retention requirements(Chapter 119, Florida Statutes) and by 2 C,F.R. §200,334,the Sub-Recipient shaft retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or 6 consultants pant from funds under this Agreement,for a period of five�5]years from the date of submission of the final expenditure report. The following are the only exceptions to the five(5)year requirement: 1. If any litigation, claim,or audit is started before the expiration of the 5 year period, then the records must be retained until iM litigation,claims, or audit findings Involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified In writing by the Federal awarding agency, cognizant agency for audit, oversight agency for sudlt, cognizant agency for indirect costs,or peas-through entity to extend the retention period. HL Records for real property and equlpment acquired with Federal funds must be retained for 5 years after final dlspositlon, iv. When records are transferred to or mafntainad by the Federal awarding agency or pass-through entity,the 5-year retentlon requirement Is not applicable to the SubµRecipient. v. Records for program income transactions after the period of performance. In some cases, recipients must report program Income after the period of performance. V*Sre there is such a requirement,the retention period for the records pertaining to the earning of the program Income starts from the end of the non-Federal entity's fiscal year In which the program Income Is earned. vi. Indirect cost rate proposals and cost allocations piano. This paragraph applies to the following types of documents and their supporting records: lndlrect cost rate computations or proposals,cost allocation piano, and any similar accounting computations of the rate atwhich a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates), d. in a=rdancewith 2 C.F.R. §200,335,the Federal awarding agency must request transfer of certain records to Its custody from the❑ivision or the Sub-Realpient whorl it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.336,the Divislon must always provide or accept paper vermions of Agreement information to and from the Sub-Recipient upon request. ff paper copies are submitted,then the Division must not squire mere than an original and two copies. Men original records are electronic and cannot be Altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they ars subject to periodic quality control reviews, provide reasonable safeguards against allegation, and remain readable. f. As required by 2 G.F.R. §200.303(e),the Sub-Re6plent shall take reasonable measures to safeguard protected personally identifiable information and other Information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal,state, local,and tribal laws regarding privacy and obllgations of confidentiality. 7 g. Florida's Government in the Sunshine Law(Section 286.011, r1orida Statutes) provides the citlzens of Florida with a right of access to governmental proceedings and marxAstes three, basic requirements; (1) meetings of pubile boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given', and, (3)minutes of the meetings must be taken and promptly recorded, The more receipt of public funds by a private entity, standing alone,is insufficient to Bring that envy within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies'performance of their public duties, If a public agency delegates the 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 depar Went provides firefighting services to a go`rernmentaf entity and uses#acuities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. 'Thus,to the extent that the Government in the Sunshine law applies to the Sub-Recipient based upon the funds provided under this Agreement,the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the govoming board may be subject to open government requirements. These meetings shalt be pubilaly noticed, open to the public,and the minutes of elf the meetings shall be public records, available to the public in accordance with chapter't 19,Florida Statutes. h. Florida's Public records Law provides a right of access to the records of the state and local governments as well as to private entitles acting on their behalf. Unless specifically exempted from disclosure by the Legislature, elf materials made or received by a governmental agency(or a private entity acting on behalf of such an agency)in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to publlc irtspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the amblt of the public record requtrarnents. However,when a public entity delegates a public function to a private entity,the records generated by the private entity's performance of that duty become pubtic retards. Thus,the nature and scope of the services provided by a privets entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. f. The Sub-Recipient shall maintain all records for the Sub-Recipient and for oil subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work-Attachment A and B-and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO s i THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS p ( ) 5.767 , Rocords@em.myflorida.corn, or 2566 Shumard Oak Boulevard, Tallahassee, FL 32399. 4111 LiR p!j a. The Sub-Recipient shatl mroply with the audit requirements contained M 2 C.F.R Part 200, Subpart F. b, In acoounting for the receipt and expenditure of funds under this Agroemeyll,the Sub-Recipient shall follow Ganorally Acoopted Accounting Principles ("GAAP"). As defined by 2 C,F.R. §200.1, GAAP "has this meaning specifled in accounting standards issued by the Government Accounting Standards.Board SGASt3)and the.Financial Accounting Standards:Board(FAST)," c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Nvis{on sheik use Generally Accepted Government Auditing Standards S AGA$".), As defined by 2 G,F.R. §200 1,GAGAS,„Wzo kn,awn as ttie Yellow book, ream .genarally accepted government auditing standarrd4 issued by the Comptroller General of the Wited Slates,which are applicable to financial audits." d, if era audtt show.s that all or any portion of the funds di buz ct were not spent fh accordance with the conditiorts of this Agreement,the Sub-Recipient shall be held 116ble for reimbursement to the Division of all funds not spent in accordance with these applicable regufption,and Agreement provisfons within thirty days after the Division hes,notified the Sulj-Recipient of such nor€- compl'anoe, es The Sulo-Rmipient Oai1 have all audits completed by an independent au ifor,which is.defined In section?1 .97 2)S#),Florida Statutes,as'an ir€depgndent certified public accountant licensed sander chapter 473." The independent audaoe shall stata til tt;hla Audit complied with the applicable provisions notedabove. The audit mist be received by the.Divioion n4 tat%##gar).r IAD rnonti�s iYOM the end of the Sub- ecipi nt'sAscai.year. f. The Sub-Reciplent shall send espies of reporting packages for audits conducted Irt accordanog with 2 GF.R. Part 200, by or on behalf of the Sulu-iRaciplent,to the Division at the following address: EMS Yi.ngleALidit eni.myflbrida.com QU Office of the Inspector General 55 Ghumard Oak Boulevafd T llahMsee'.Fkaride 22399-211 QCr g, The Sub-Recipient shall send the Single Audit r"rting package and Form SF-SAC, to the Federal Au&Glearinghoi.ise by submission online at rtt :Ih rve # t, trs a. avl�`e lcoi[ectld eind .hj h. The Sub-Recipient shall send.any rnana rnent letter issued by the auditor to the Cl lvlslol at the following.address; i dEM SingisAudiGQem,myfiorlda,enm QR Office of the lnspector General 2556 Shumard flak Boulevard Tallahassee,F4cOda 32399.2100 (12)F�i. ,PURT a. Conststent with 2 C,F,R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall lneiude the current status and progress by the Sub-Reciptent and all subcontraciors 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($0)days after the and of each quarter of the program year and shall be sent each quarter until submission of the close-out report. The @ndlnp dates for each quarter of the program year are March 31, June 30, September 30,and Decsrnber 31. c. The ciose-out report is due 80 days after termination of this Agreement or 30 days aster completion of the activities contained In this Agreement,whichever first occurs. d. If all required reports and copies ate not sent to the Division or are not completed in a manner acceptable to the division, then the Division may whhh old further payments until they are completed or may take other action as stated In Paragraph(16)REMEDIES, "Acceptable to the DlvWorYl means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub-Recipient shall provide additional program updates or Wov matlon that may be required by the Division. f. The$ub-Recipient shall provide additional reports and infovmstlon identified in Attachment B. (13} aNIT Rl a. The Sub-Reciplent shall monitor its performance under this Agreement, as well as that of its subcontractors andlor consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being met,the Saheduie of DeWemlDlas and Scope of Work are being accomplished within the specifled time periods, avid other perforrnance goals are being achieved. A review shall be done for each function or activity In Attachment 8 to this Agreement and reported in the quarterly report. b, In addition tc mvk3ws of audits, monitoring procedures may include, but not be limited to, On-site visits by diOsion staff, Ilmlted scope audits, andior other procedures, The Sub-Reclplent agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division, In the event that the D,Nlsion determines that a limited scope audit of the Sub-Recipient Is appropriate, the 5ub�-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate t0 with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief F nanclal Officer or Auditor General. in addition,the Division will monitor the performance and flnanclal management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14) l I `tY a, Unless Sub-Raciplent is a State agency or subdivision,as defined in section 768.28[2),Florida Statutes,the Sub-Recipient is solely responalNe to parties it deals 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 worts performance under this Agreement. Por purposes of this Agreement, Sub-Recipient agrees that It is not an employee or agent of the Division but is an Independent contractor. b. As required by section 788.28(19), Florida Statutes, any Sub-Reoipient which is a state agency or subdivision, as defined in section 758.28(2), Florida Statutes, agrees to be fully responsible for Its negligent or tortlous acts or omissions which result in claims or suits against the Division,and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768,26, 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 parties in any matter arising out of any contract. (16)2EAULT 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 exercise such remedies, and without becoming liable to make any further payment lf: a. .Any warranty or representation made by the Sub-Reciplent In this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect,or if the Sub- Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any previous agreement with the Division and has not cured them In timely fashion,or is unable or unwilling to meet its obligatlons under this Agreement; 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; c. Any reports required by this Agreement have not been submitted to the DIvislan or have been submitted with Incorrect, incomplete or ins ufficlent information; or, d. The Sub-Recipient has felled to perform and complete on time any of its obligations under this Agreement. {1E}RlWi~IIEDtES 11 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 certifled mall-return receipt requested,to the address in paragraph(3)herein; b, Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Division any monies used for Ineligible purposes under the laws, rules and regulations governing the use of these funds. e, Exercise any corrective or remedial actions,to include but not be limited to: I. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, H. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, Ill. Advise the Sub-Reclpient to suspend, discontinue or refrain from incurring costs for any activities In question or iv. Require the$ub-Reciplent to reimburse the Division for the amount of costs Incurred for any items determined to be Ineligible; f. The Division may Administratively close an Agreement,The Division may use the administrative close-out process when a Sub-Recipient 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, ,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 Agreement or provided at law or in equity, If the Division waives any right or remedy in this Agreement or falls to insist on strict performance by the Sub-Recipient,it will not affect,extend or walve any other right or remedy of the Division,or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. 12 (17)J11RMINAI_1Q 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-Reciplent 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,and1or a lack of expeWtums for four(4)consecutive quarterly reporting periods, c. The livision may terminate this Agreementfor convenience or when it determines, in its sole dlscretFon, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by proAdin the Sub-Racipleril with thirty calendar days prior written notice, d. The parties may agree to terminate this Agreement for their mutual conven!once through a women amendment of this Agreement. The amendment will state the effective date of tha termination and the procedures for proper closeout of the Agreement, e, in the event that thle Agreement is terminated,the Sub-Recipient will net Incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after recolpt of the termination notice will be disallowed. Tho Sub-Recipient small not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient, The Division may, to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined, (18)pRQCURLINT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F',R, §§200,318 through 200.327 as well as Appendix II to 2 C,F.R. Part 200 (entitled"Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b, As required by 2 C.F.R. §200.31a()), the Sub-Reciplent shall"maintain records sufficient to detail the history of procurement. 'These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price," c. As required by 2 G.F.R. §200.318(b), the Sub-Recipient shall"maintain oversight to ensure that contractors perform in accordance with the terms, conditions,and specifications of their contracts or purchase orders.' 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 at subcontractors performing work under this Agreement, t3 I d. Except for procurements by ruins-purchases pursuant to 2 C.F.R.§200,320(a)(1)or procurements by small purchase procedures pursuant to 2 C.'F,R.'§200.320(a)(2), If the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the su15-Recipient shall forward to the 0Melon a copy of any solicitation(whether competitive or non-competitive)at least tan (10) days prior to the pubftation ar communication of the solicitation, The Division shall review the solicitation and provide comments, l any,to the Sub-recipient within seven(7)business days, consistent with 2 G,F.R.§200,326,the Division will revlew the solicitation for compliance with the procurement standards outlined in 2 C.F.R.%2M318 through 200.327 as well as Appendix 11 to 2 C.F.R. Part 200. Consistent with 2 C,F'.R.§200.318(k),the Olvislon will not substUte its Judgment for that of the Sub-Reciplent. While the Sub-Recipient does not need the approval of the Olvislon in order to publish a competitive selfcitatlon, toils review may allow the Divislon to identify deficiencies in the vendor requirements or in the commodity or service speoifications, The❑ivislon's review and comments shall not constitute an approval of the solicitation. Regardless of the Divislon's review,the Sub-Reciplent remains bound by all app1oable laws, regulations, and agreement terms, If during its review the Division identifies any deficiencies,then the Division shall communicate those deficiencies to the Sub-Reclplent as quickly as possible within the severs (7)business day window outlined above If the Sub-Reciplent publishes a compatitiv®salietta#ion after receiving comments from the Division that the solicitatlon Is deficient,then the❑tvislon may; L Terminate this Agreement in accordance with the provisions o"Oned In paragraph(17)above; and, il, Refuse to reimburse the Sub-Recipient for any costs associated with that sallcit0lon. e. Except for procurements by micro-purchases pursuant to 2 C.F.R.§200.320(a)(1)or procurements by small purchase procedures pursuant to 2 C,F,R.§2130.3207 a)(2),ii the Sub-Recipient chooses to subcontract any of the work required under thts Agrement,then the Sub-Reciplent shall forward to the Division a copy of any contemplated cantfact prior to contract execution. The Division shall review the unexecuted contract and provide comments,if any,to the Sub-Reciplent within seven(7) business days. Consistent with 2 C.F.I §200.325,the Division will review the unexecuted contract for compflance 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.part 2.00. Consistent with 2 i;.F.R, §200,518(k),the Division will not substitute its judgment for that of the Sub-Recipient. W1ile the Sub-Recipient does not need the approval of the DIvlsion in order to execute a s"bcontract,this review may allow the Division to identify deficiencies In the terms and condtttons of the subcontracl.as well as deficiencies in the procurement process that led to the subcontract. The Division's revlow and comments shall not constitute an approval of the subcontract. Regardless of the Dlv'rsion's revlew, the Sob-Recipient remains bound by all applicable laws, regulations, ant!agreement iarma. 11 during its review the Division identifies any deficiencies, than the Division shall communicate those deficiencies to the Sub-Recipient as quickly as passible within the seven (7)business 14 f day window outlined above. if the Sub-Rec'pient executes a subcontract after recelving a communication from the Division that the subcontract is non-compliant, then the Division may. I. Terminate this Agreement in accordance with the provisions outlined in paragraph(I7)above;and, H. Refuse to reimburse the Sub-Reciplent for any costs associated with that subcontract 1. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of lids Agreement, (N)the subcontractor is bound by all applicable state and federal lews and regulations, and (lii)the subcontractor shell hold the ❑lvfslon and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. effected g. As required by 2 C.F.R. §2W318(c)(1),the Sub-recipient shall'maintain written standards of conduct covering conflicts of interest and governing the actions of its empioyees engaged in the selection, award and administration of contracts," h. As requlred by 2 C.F.R.§209.$19(b)contractors that develop or draft specificai4ons, requirements,stetenwnts of work,or Invitations for bids or requests for propasais must be excluded from competing far such procurements.The Sub-Recipient or pass-thru entity must disclose to the Division,in writing, any real or potential conflict of Interest that may arise during the administration of the federal award, as defined by federal statutes or regulations,or their own existing poilcies,withlirn five(5)days of learning of the conflict of interest. "Conflict of interest"is conslderec as any situation where an empioyee, officer, or agent, any members of his or her Immediate famlly,or his or her partrer has a close personal relationship, business relationship,or professional relationship,with a recipient or subrecipient. i. As required by 2 C.F.R.§200.319(9l,the Sub-Recipient shail conduct any procurement under this agreement"in a manner providing full and open competition.' Accordingly,the Sub-Recipient shall not: t. place unreasonable requirements on firms in order for them to qualify to do business; li, require unnecessary experiance or excessive bonding; M. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncarrpetitive contracts to consuftan(a that are on retainer contracts; v, Authoeve, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; 15 I vii, Sp ify a brand name produm instead of describing the performahoe, spectficadcns, or other relevant requirements that pertain to the commodity or service solicited by the procurement; W1, Engage in any arbitrary 901,9n during the procurement process; or, ix. Mew a vendor to.Nd can a contract if that bidder was involved with developing or drafting the specif ations, requlrem nts, statement of work, frrvttation to hid, or request for proposals. "[ ]xcept in those cases where applicable Federal statutes expressly mandate or encnurag�" thta 's ,the Sub-Reciplent,as required by 2 CY.R.§2 .3 n(c},.sh 11 not use a Qe®gratahio.pr�f renre when procuring commodities or services urider this Agreement. k. The Serb-Re.lpient shall conduct any procurernert involving tnvitations to bid(l.e. sea1erd bide)in accordance with 2 C.F R. §200,320(b)(1)as well as section 287.C57(1)(a),Florida Statutes, 1. The Sub-Recipient shall conduct any procurement involving requests fnr proposals �,e. cornpetitive proposals) in accordance with.2 C,RR. §200,3 €7(b)(2)as w ll as section 2.87,0 7(1)�ba , Florida Statutes. rn. For each eobconttact,the Sub«ReNoiplent shall provide information to the Wizion as to whether that subcontractor is a minority business enterprise, as defined in Se On 2W.TGZZ FiOrida t t rt on the required PromiTement Method Report(Form 5). Addifionaliy,the Sub-Recipleni shall comply with.the requirements of 2 C,F,R. §200.3 1 ("Contracting with smati and r ftyity businesses, women's bvnjne s enterprises,and labor surplus rein firrins"). n, FF A has developed helpful resouroaq fQr Sula-Ro6plenits using federal grant tends for procurements, Thesexeseur s are generally ova€fable at W. iwu�s��ffrra�ovigr�rtkracur� t' F MA periodically updates this resource page so please check back far ttre latast inforriiation, 1!}Nfe not all the provisions dNcusaed in the resources are apprm&ie to this subgr rrt agreerrient,the Sub-Reaiplent may final theBa resources helpful when drafting Ks%00,atlibn and contract for compliance Wth the Federal procurement standards outlined in 2 C.F.R.%200—M B Abrough 2DQ,327 as wail az Appendix 11 to 2 C,F.R. Part2007 (I 9).,AjjAQLjNF.NjLS AN XHIq °'S a. Alt a achments to this Apreement are Incorporated as if set out fully, b, to tl? v rat S any inceonsisterrciea car conflict betwee n.the Language of this Agreement and the ttacf�m�ncs,the Ianguage of the attachments shall control, but only to the extent of the(;Onfticf sir hcoRs'ssiiancy. c. This Agreement has the following attachments: i. Exhiibit.1 -Funding:Sources 11, Fxhlb)f 2—Certification Regarding Telecommunications nr#.Video Restrictions ld i f i4, Exhibit 8 Certification Regarding Lobbying lv. Attachment A—Program Budget v. Attachment 0—Scopes of Work V. Attachment C—Deliverables and Performance W. Attachment D—Program Statutes and Regulations vfil. Attachment E—Justification of Advance Payment Ix, Attachment V--Warranties and Representations x, Attachment G—Certification Regarding Debarment,Suspension, Ineligibility and Voluntary.Exclusion xi, Attachment I-t--Statement of Assurances xil, Attaohment I—Mandatory Contract Provlslons AA. Attachment J-»Financial and Program Monitoring Guidelines Av. Attachment K w E11P Gulde4res xv. Attachment L—Reimbursement Checklist (2Q)PAl'MENTS a. if the necessary funds are not avallable to fund this Agreement as a result of action by the United States Congress,the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, ail obligations on the part of the DMslon to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the OMelcgm_ b. Invoices shall be submitted at feast quarterly and shall include the supporting documentation for aft costs of the project or services. The fine! invoice shall be submitted within thirty(30) days after the expiration date of the agreement, An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Reelpient's quarterly reporting as referenced in Paragraph (12)of this Agreement. c. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(1 G), Florida Statutes. All requests for advance payments will be reviewed and considered on a case-by-cass basis.Ali advances are required to be held In an interest-hearing account. if are advance payment is requested, the budget data on which the request Is based,and a)ustftabOn statement snail be Included In this Agreement as Attachment E, Attachment it will specify file amount of advance payment needed and provkAe an explanation of the necassify for and proposed use of these funds. No advance shall be accepted for processing ff a reimbursement has been paid prior to the submittal of a request Far advances)payment, After the Initiai advancs, 'f any, payment shall be made on a reimbursement basis as needcad. 1'1 i i I [2l� 9C8YMEN ,S a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergenoy Management", and mailed direody to the fo{lowing addras& Olvtsion of Emergency Management Cashier 2566 Shumard Oak Boulevard TeRahassee FL 32399.2100 b. In accordance with section 215.34(2), Florida Statutes,tf a check ar other draft is returned to the Division for collacLon, Sub-Recipient snail pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft,whichever Is greater, (221MA DATED CG l iC? S a. The validity of this Agreement is sWject to the truth and-accuracy of all the information, representations,and materials subrnhted nr prcvided by the Sub-Recipient In this Agreement, in any later submission<w response to a Division request,or in arty submission or response to fulfill the requirements of this Agreement. All of said information, representations,aril materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notica to the Sub-Recipient,cause the termination of this Agreement and the release of the Division from all its obIgatlons 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 shalt be in the Circuit Court of Loon County. If any provision of this Agreement its in oon iiot with any applicable statute or rule, or is unenforceable,them the provision shalt be null and void to the extent of the conflict, and shall be severable, but small not Invalidate arty other provision of this Agreement. a, Any pander of approval or disapproval granted to the 01v1slon under the terms of this Agraerrent shall survive the term of this Agreement, d. The Sub-Recipient agrees to comply with the Americans With Disabiifiies Act(PoWIC Law 101-336,42 U.S.C.Section 12101 e e ),which prohibits discrimination by public and private entities an the bsrsis of disability in employment, public accommodations,transportation,State and local government services,and telecommunications. e. Those who�&ve been placed or the can is d vendor fist following a canvictfon for a public entity crime or an the dfscrirriinatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform worst as a contractor, supplier, subcontractor,or consultant under a contract with a public entity, and may not transact businesswith any public entity In 19 4 i excess of$25,000,00 for a period of 36 months from the date of being placed on they convicted vendor list or on the discriminatory vendor list, f, Any 5ub�Rscipient which Is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies,to the best of Its knowledge and belief, that it and its principals: i. Axe not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily exciuded from covered transactions by a federal department or agency; il. Have not,within a five-year period preceding this proposal been convfoted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain,or periorrning a public(federal,state or local)transaction or contract under public transaction;vtotaflt)n of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,falsif4pat+on or destruction of records, making false statements, or receiving stolen property; 15, Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph (22)i. li.of this certification,and, iv. Have not within a five-year period preceding this Agreement had one or mare public transactions (federal, state or local)terminated for cause er default. g. If the Sub-Recipient Is unable to certify to any of the statemarrts In thls certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition,the Sub-Recipient shall send to the Division(by emati or by facsimile transmisslon)the completeri "Certification Regarding Debarment,Susponsion, ineligibility and Voluntary Exclusion"(Attachment G)for each Intonded subvontractor which Sub. Reolplent plans to fund under this Agreement. The farm must be recelved by the Division before the Sub-Recipient onters Into a contract with any subcontractor. i, The Division reserves the right to unllaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to ali documents,papers,letters or other material subject to the provisions of chapter 119, Florida Statutes,which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient Is allowed to temporartfy Mvest any advances of funds under this Agreement, any interest tneome shall either be raturned to the Mvision or be applied against the DIvisior's obfigation to pay the Contract amount. k. The State of Flor4a wM riot intentionally award publicly funded contracts to any contractor who knowingly employs unauthoriz>d ailen workers, constituting a violation of the employment provisions contalned in 8 U.S.O. Section 1224a(e)[Section 274A(e)of the Immigration and Nationality Act (°INA")l, The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA, Such violation by the Sub-Rec)pient of the employment provieinns i9 1 I contained in Section 274A(e)of the W shall be grounds for umilateral cancefietion of this Agreement by i the Division, L Section 287.06805,r toNda Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or poRIcal 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 federal law, the Division may, at Its option,terminate the OontrKt if the Contractor is found to have submitted a false certification as provided under section 287.135(5), KS„ or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities In the Irer Petroleum Energy Sector Llst,or been engaged In business operations In Cuba or Syria, or to have been placed on the Scrutinized Companies that.Boycott Israel List or is engaged in a boycott of Israel, (23)LOBB 'ING PROHISIJON a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with oertWr lobbying activities. b. Section 2,16.347, Florida Statutes, prohibits"any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organlzathn unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature,the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any ather❑fft ial action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies,by Its algnature to this Agreement, that to tho best of his or her knowledge and belief. i. No Federal approprlatod funds have been paid or will be paid, by or on behalf of the Sub-Recipient,to any person for Influencing or attempting to influence an officer or employee of any agency,a Member of Goingrers, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuatlan,renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. i'i. If any funds other than Federal appropriated funds have bean paid or will be paid to any person far lnfiuencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or amployae of Congress, or an employee of a Member of Congress in conrectlon with this Federal contract, grant, loan or cooperative agreement,the Sub-Recipleant ahall cosrpiete and submit Standard Form-LLI,, "Disclosure of Lobbying Activities." �Q iii. The Sub•Reciplont shall require that this certification)be included In the award documents for all subawards(including subcontrac*subgrants,and contracis under grants, loans,and cooperative agreements)and that all Sub-Recipients shad certify and disclose. Iv, This certification is a mietzvW representation of fact upon Which reliance was placed when this transaction was made or entered into. Submiss4on of this certitloation is a prerequisite for making or entering Into this transaction imposed by Sectlon 1352,T410 31, U.S.Code. Any person who fails to file the required certification sftl be subjoot to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure, v, if this subgrant agreement arnount Is$100,000 or more,the Sub-Raciplent, and subcontractors,as applicab%,shalt sign,Attachment M—Certification Regarding Lobbying. (?A)Gf 'Y13LG4 T ART N R-)IRAEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIOHTS ACCRUING UNDER OR EN CONNECTION WITH THE PERFORMANCE OF THIS AORlEEMENT ARE HEREBY ReSERVED TO THE STATE OF FLORIDA;AND,ANY AND ALI-COPYRIGHTS ACCRUING UNDER Oil IN CONNECTION WIT'H'THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. m. If the Sub-Recipient has a pre-existing patentor copyright, the Sub-Recipient shall retain aft rights and entitlements to that pre-ex#sting patent or copyright unless the Agreement provides otherwise, b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it,the Sub-Recipient shaft refer the discovery or Invention to the Division for a determination whether She state of Florida will seek patent pratecUon 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 copyNhtable material are produced, the Sub-Reciplent shall notify the Division. Any copyrights accruing under or in connection wlth the performance under this Agreement are transferred by the Sul:,-Recipient to the State of r1orlda. c. Within thirty days of execution of this Agreement,tl�e Sub-Recipieral shall disclose all Intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sala-Recip'ent%hail retain all rights and entitlements to any pre-existing intellectual property which is disclosed. FOure to disclose will indicate that no such property exists. The Divislon shall then, under Pwagrmph(24}b.,have the right to all patents and copyrights which accrue during performame of the Agreement. d. If the Sub-Reaipient qualiflas as a state University under Roride law, then, pursuant to section 1004.23,Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall became the sole property of the Sulo-Reciplent_ In the case cf joint Inventions,that is Inventions made jolntly by one or mere employees of both parties hereto, each party shaft have an equal, 21 f I i undivided Interest In and to such joint Inventions, The OWslon shall retain a perpetual, Irrevocable,fully- 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-lRaciptent,under this Agreement,for Florida government purposes. (26)LEGAL AUT'HORIZATIOd The Sub-Recipient certifies that It has the legal authority to receive the funds under this Agreement and that Its governing body has authorized the execution and acceptance of this Agreement, The Sub- Racipient also certifies that the undersigned person has the authority to legally execute and b'i,4 Sub- Reciplent to the terms of this Agreement. [26)1~ U Q P T IEMPLOYMENT a, In accordance with 49 C,F,R, §60-1,4(b),the Sub-Reclpleit hereby agrees that it w N incorporate or cause to be incorporated into any contract for construction work, or modification thereof,as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60,which is paid for in whole of In part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, Insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminat©against any employee or applicant 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 durirg employment without regard to their race, color, religion,sax,sexs�al or{entaftn, gender Identity, or national origin. Such action shall include, but not be limlted to the following: Employment, upgrading,demotion, or transfer; reerultmant or recruitment advertising; layoff or termination; rates of pay or other forme of compensation;and selection for training, including apprenticeship. Tho contractor agrees to post in conspicu❑us places, avallable to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscriminallon clause. ii. The contractor will, in all solicitations or advorfisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orlentatlon, gender identity,or national origin, 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 snail not apply to Instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job 22 i I i l i functions discloses the compensation of such other employees or applicants to individuals who do not 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,Including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish Information. iv, The contractor Wit send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section and shall post coples of the notice in conspicuous places available to employees and applicants for employment. v, The contractor will comply with all provisions of Executive Order 11240 of September 24, 1965, and of the rules, regulations,and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Exect&a Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit socess to his books, records,and accounts by the sdmfnlstering agency and the Secretary of Labor for purposes of investigation to ascedaln compliance with such ME*, regulations,and orders. vii, In the event of the contractor's noncompliance with the nondiscrimins iort clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled,terminated, or suspended in whaie or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided(n Executtve Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary o1 Labor, or as otherwise provided by law. vill. The contractor wilt include the portion of the sentence immediately preceding paragt'aph(1)snd the provisions of peragrapl?s (1)through(8)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 244 of Executive Carder 11246 of September 24, 1965,so that such provisions Wit be binding upon each subcontractor or vendor. The contractor wlil take such action witty respect to any subcontract or purchase order'as the administering agency may direct as a means of enforcing such provisions, Including sanctions for norcomplisnoe: Providod,, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b, The Sub-Recipient further agrees that tt will be bound by the above equal opportunity clause with respect to its owo employment practices when it participates in federally assisted eonstructlon work: Provided,that it the applicant so participating is a State or local govemment,the above equal 23 ti I t I opportunity clause is not appiicabiato any agency, instrumentality or subdivision of such government whlch.does not participate in work on or under the contract. c. The Sub-Recipient agrees that it will assist and cooperate actively with the adminIotering agency and the Secretary of Labor in obtaining the compliance of contractors an subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor,that it wilt 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 In the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recipient further agrees that h will refrain from entering into any contractor contract modification subject to executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated oiiglbillty for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out,such sane Vmns and penalties for vlolatlon 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 following actions; cancel,terminate,or suspend!n whole or In part this grant (contract, loan, insurance,guarantee);refrain from extending any further assistance to the Sub-Recipient under the program with respect to whloh the failure or refund occurred until satisfactory assurance&future cornpl'iance has been received from such Sub-Recipient;and refer the case to the Department of Justice for appropriate legal proceedings. (27)QgP_ELAPAN. I- C 3A ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will Incorporate or cause to be incorporated Into any contract for construction work,or modification thereof, the following clause: I. Contractor, The contractor shall comply with is U.S.C.§874, 40 U,S,C. §3145,and the requirements of 29 C.F.R. pt, 3 as may be applicable, which are Acorperated by reference into this contract. il. Subcontracts, The contractor or subcontractor arrall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to Include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breech. A breach of the contract clauses above ma} be grounds for termination of the contract, and for debarment ae a contractor and subcontractor as provided in 29 C,F.R. §8.12. (28) OM11TI ACLWDi3K HOURS AUP SAFETY UA L7ARDS if the Sulu-Recipient,with the funds authorized by this Agreement, enters Into a contract that exceeds$100,000 and Involves the employment of mechanics or laborers,then any such contract 24 i i must include a provision for compflance with 40 U.S.C. 3702 and 3704,as supplemented 15y Department of Labor regulations (29 CFh Part 5), Under 40 U.S.C. 3702 of the Act,each contractor must tze required to compute the wages of every mechanic and laborer on the basis of a standard work weot of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated et a rate of not less than one and a half times the basic rate of pay for all hours worked In excess of 40 houm In the work week. The requirements of 40 U.S,C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work In surroundings or under working condiVars which are unsanitary, hazardous at dangerous. These requirements do not apply to the purchases of suppltea or materlais or articlee ordinarily available on the open market,or contracts for transportation. (29) T ffio T 1= D E OLLU b TR ACT If the Sub-Reoipient, with the funds authorized by this Agreement, enters into a contract that exceeds$150,000, then any such contract most include the following provision, Contractor agrees to comply with ail applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.8.C, 7401-7671 q) and the Federal Water Pollution Control fact as amended(33 U.S,C. 1251.1387)and will report violations to FEMA and the Regional Office of the Environmental Protectlon Agency(EPA). Qtj,8ND DEBARMENT lithe Sub-Reciplent, with the funds authorized by this Agreement, enters Into a contract, then any such contraO must include the following provislons: 1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt,3000. As such the cordrractor is required to verify that nons of the contractor, its principals(defined at 2 C,F,R. § %0.995), or its affiliates(defined at 2 C,F.R § 180.905)are excluded (defined at 2 C.F.R.§ 180,940)or disquaiitied(defined at 2 C.F.R.§ 180.935). ii. The contractor must comply wEth 2 C,f,R. pt. IN,subpart C and 2 C.F.R, pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters Into, ii1. This certification Is a material representation of fact relied upon by the Division. If h iz later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt, 800D,svtbparl C,in addition to remedies available to the Diviaion,the Federal Government may pursue available remedies,lncluding but not limited to suspension and/or debarment. iv, The Ndder of proposer agrees to comply with the requirements of 2 C.F.R.pt, 180, subpart C and 2 C,F,K pt,3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. TN bidder or proposer further agrees to Include a provision requiring such aomplianae In Its lower tler covered transactions. 25 i I I (31}_YARD fl�lTl-L,O�I.Y..I� AME�dC3MENT if the Sub-Recipient,with the funds authorized by this Agraernent, enters Into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 US C. §1352(as amended). Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certlfles to the tier above that It will rret and has not used Federal appropriated funds to pay any person or organization for influenclng 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.O. § 1332. Each tier shall also disclose any lobbying with non- Federal funds that takes place In connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient, If the Sub-Reclpient enters Into a contract with a subcontractor for an award of$100,000 or more,the subcontractor shalt sign Attnhment M—Cartificattion Regarding Lobbying, 32)CONTRACTING W&LJH SMALL AID I RI`Y t.1$ SEE,-(IfOMFN'Q..9,UsI E 8 E. NTE R S LABOR S AREA EMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods ar services,then,in accordance with 2 C,F.R,§200.321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses,women'a business enterprises,and labor surplus area firms are,used enev sibie: i. Placing quaiified small and minority businesses and women's business enterprises on solicitation lists; li, Assuring that small and minority businesses, and women's business enterprises are solicited wherever they are potential sources; iii. Dividing total requirements,yyhpn ec4nc�rnfoal}v€e�sibie, Into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, iv, Establishing delivery schedules, h—erq the a ire a er its,which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance,as apprgprl�ta, of such organizations as the Small Bualness Administration and the Minority Business Development Agency of the Department of Commerce; and vi, Requiring the prime contractor, if subcontracts are to be lot,to take the affirmative steps listed in paragraphs I.through v. of this subparagrap}. b. The requirement outlined in subparagraph a, above,sometimes referred to as "socioeconomic contracting,"does not impose an obligation to set aside either the solicitation of award of a contract to those types of firms. Rather,the requirement only imposes an obligation to carry opt and document the six affirmative steps identified above. 26 c, The"socioeconomic contorting"requirement outlines the affirmative steps that the Sub-Recipient must take l the requirements do not preclude the Sub-Recipient from undertaking additionai steps to Mvolve small and minority businesses and women's business enterprises, d. The requirement to divide total requirements,when economically feasible, into smaller tasks or quantities to per nit maximums participation by small and minority businesses, and wornen's business enterp6ses, does not authorize the Sub-Recipient to break a single pcoject,down into smaller components in order to circumvent the micro purchase or smali purchase thresholds so as to utilize streamlined acquisition procedures(e.g."project splitting'), ORA-5—UMN-U-5- 'he Sub-Reciplent shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. gUg43gCIPIFbLT:CITY Cyr MIAMI FIRE RESCUE Name and Title: Afth--U Norse a Cit Manager Datw— RD# 59-6000375 If Mgning electronically: Bypfoviding this eloctronic signature, I am attesting that t understand Mat eigafronir,signatures are lega#y binding and have the sams,meaning as handwritten signatures, am also confin"ning that intemal controls have been maintained, and that policies and pi-ocedures were propedy toffowGd to onsure the W0701)fiCily Of the electronic signature. T17js statement is to certify that I confirm that this&;octronic signature is to be the 1,9gally binding eq(jivalont of my hand whiten s)gnature and that the data on this form is accurate to the best of my knowledge. STATE OF FLORIDA D 'NAGEMENT IVISION EMERGE IMA Name and Kevin Guthrie. QirtZgr Date� 27 V I i i ti THE FOLLOWING FEDERAL RESOURCES ARE AVIlAf2I)ED TO THE SUB-RECIPIENT UNDER THIS Federal Program:HCIMELAN SECURITY GRAN 2Fa_QRAN Federal Agency: @Dt gf Ho Qfanda Calalog of Federal Domestic Assistance title and number;2ZO7 Award amount: $ 14.012,600,bO THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT, F®cleral Program; TOME A� N SECURITY GIANT PRO._GRAM List applicable compiianQe mrplremai)ts as fallowo: 1. Sud-Recipient Is to use funding to perform sIVbIle acitvlties as Identified FY 2021 Department of Honialanal Security Notice of Fur4 N Opportunity. 2. Sub-recipient is subject to all administrative and flnanclai reciuirerxs®nts as set forth in this Agreement or will not De in compliance with the terms of the Agreement. a. $Li"e6piont must cormpiy with specific laws, rules,or regulations that parEatr)to how the awarded resources rnust be used or how ellgiNlity determinations ere to be made:. NOTE.,2 C.F.R. Fart 200,and section 216.97(5)(a),Fioricla Statutes, require that the information about rederai Programs and State Projects included in Fxhiblt I be provided to the Sub-Realplent, 28 i EXHISIT--2 Certification Regarding Telecommunications and Video Restrictions Effective August 13,2020, DHS1Fi MA Sub-Recipients, as well as their contractors and subcontractors, may not use grant furds under the Nonprofit Security Grant ProgrArn covered by this Agreement and provided in FY 2021 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 toleoommunications egWprnent or services"as a substanW 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 agreemernl or any other contractual Instrument, any equipment, system, or service that uses"oovered telecommunications equipment or services"as a substantial or®ssential component of any system, or as critical lechnology as part of any system, This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section M of the John S,McCain National[defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 116-232 (2018),and 2 G.F.R,§200.216.Sub-Recipients may use DHSIFEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise coWstant with the requirements of the FY 21021 preparedness Grants Manual, applicable appendix to the Manual,and applicable NOFD, DHSIi=EMA uviii publish addltional guidance in a subsequent information Bulletin or similar notice Per section 089(f)(2)-(3)of the FY 2019 NDAA, covered telecommunications equipment or services means: 4. Tek=mmunloa lons equipment produced by Huawei Teohnoiogies Company or 2TE Corporation,(or any subsidlary or affiliate of auch entitlos); 2. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hfkvlsion Digital Technology Company,or Dahua Technology Company(or any subsidiary or sffMate of such enthles); S. Telecommunications or video survaillance services provided by such entities or using such equipment; or 4. Teleoommunications or videe surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation wRh the Director of National intelligence or the Dlrecter of the Federal Bureau of investigatlon, reasonably believes to be an entity owned or controlled by,w otherwise connected to, the People's Republic of China. In the event the Solo-Recipient identities covered telecommunications equipment or services used as a suhstantlai or essential component of any system,or as Wticai technology as part of any system,during contract performance or at any time or by any other source, the Bub-Reoiplent shall report the information to the SM. 1, Within one business day from the date of such identification or notification,The contract number; the order number(%), if applicable; supplier name; supplier unique entity identifier(If known); supplier Commercial and Government Entity(CAGE)code(if known);brand;modoi number (original equipment manufacturer number, manufacturer part number,or wholesaler number); item clescrIption,and any readily available information about mitigation actions undertaken or recommended. 2, Within 10 business days of submitting the aforementioned information;Any further available information about mitigation actions undertaken or recommended.In addition,the Sub-Recipient shall describe the efforts it undertook to prevent use or submission of covered 29 1 4 1 te(ecotnmunicatlans equipment or services,and w)y additional efforts that will be incorporated to prevent future use or submission of covered telecammu*ations equivmant or services. Sub-R"IgjeDA, CVTY OF MIAMI FIRE RESCUE by: Date: Arthur rle a cit ana ar Printed Name andTitle T if signing eiectronlcally: By providing this electronic signature, 1 aril attesting that 1 understand that electronic signatures are legally binding and have the same meaning as handwritten sigpatumes. I am also oonfirming that internal controls have been maintained, and that policles and procedures were properly followed to ensure the authonticily of tho eloctronla signature, This statement 0 to certify that l confirm that this electronic signature is to be the iegaiiy binding equivalent afmy handwritten signature and that I understand that It is my msponsibiflty, on behalf of flee otyanlzation, to ansure that we adhere to these restrictions. 30 EXHOT—8 CERTIFICATION REGARDING LOBBYING Chook the appropriate box; 91 TWs Certification Regarding Lobbying is required because the Contract, Grant, Loan,or Cooperative Agreement will s c $100,000 pursuant to 2 C.F,R, part 200,Appendix 1I(1);31 U.S.C. § 1352; and 44 C.F.R. Part 18. © 'This Certification is,Clot required because the Contract, Grant,Loan,or CoapercatWe Agreement 011 be lass than$100,000. 6PPENDIX A 44 C.F.R. A T 1 _ E TIFIC O EG Rqt 13B`Pitd Certification for Contracts, Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No 5aderal appropriated funds have been paid or will be pald,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employes 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 grant,the malting of any F'ederai loan,the entering into of any cooperative agreement,and the extension,continuatiion, renewal,amendment,or modificatlon of any Federal contract, grant, loan,or cooperative agreement, 2. if any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan, or cooperative agreement,the undersigned shall comptete and submit Standard FormMLLL,'Disclosure Form to Report Lobbying,"in accordance with Its instructions. 3. The undemigned ohaii require That the language of this certification be included In the award documents for all subawards at all tiara(including subcorhracts, subgrents,and contracts under grants, loans,and cooperative agreements)and that all subreclpierrts shall certify and disciose accordingly. "Phis certification is a materlal representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Wo this transaction imposed by section 1352,V%a$1,U.S. Code,Any person who fails to file the required certification shall be subj%t to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The Sup-Reciplent or subcontractor, Cif f Miami _ _ ,certifies or affirms the trutMulness and accuracy of each statement of its certification and disclosure, if any. In addttk3n,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 certificatm and disclosure, if any. Signature of Sulb-Reclplent/subcontractor's Autharixmd Official Arthur filar ,Cit'�M,onager — Name and Thie of AiAhorized Official Date 31 ATTACHMENT A Program Budget Below is a general budget which outlines eligible categories and their alloeation 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(AEL)reference number.The Authorized Equipment List(AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs.The intended audience of this tool is emergency managers, first responders, and other homeland security professionals,The list consists of 21 equipment categories divided into sub-categories, tertiary categories,and then individual equipment items.The AEL can be found at h#pLgwwv�.fenia.aov/authorized-eauloment-list, `Rie franaiior of funds between ft caftgodus listed in tho'Program Budget and.Scope of Wcwk"Is pannitfvd. How*var,tho kansfor offands bOween Issues k strk0y prohibited. ff IBM- - Award A lJocation—Issue 45 $145760,000 00 FY 2021 -State Homeland State Management&Administration $737,800.00 Security Grant Program— withheld 5% Urban Area Socurity initiative City tf Miamf Fire lkescuo Issue#45 Expendable Award Allocation after 5% $14,012,500.00 reduction LETP-Type Activities(25%of award allocation)This amount Is not in $a,687,500.00 addition to the remaining award amount but Instead signifies the amount needed to meet the 26% Management and Administration (the dollar amount which corresponds $560,50uo to 4%oll the total local agency allocation is shown In the column on I the rlqht. 32 BUDGET DEML WORKSHEET They Sub.-Recipient is rexpjired to prr.wirde a completed budget detail worksheet,to the[)Msion,which ac r,oa.arts for the total award as described in ttre"Proposed Program Budget" If any changes need to be rn,;ide to the"Budget Detail Vt,orksh et za'tt 9 tho execution of t'Ns argreroment, contact the Grant Manzager lisp ed ire this�a,rgreeraaa�nt via email or letter. Allowable tanrtln `cos upritity unitcoat Total Cost 13 C��+r�lopirsa� h.�r��r�l,rtl�oo� t-�t�r�co6rr�r�r��x�s tl� tis�cc�r� �srat ... ... w. .... . . the range l prevention, protection, res ponse, and recovery atMv ie.s . __,.. .. ... Devr.iopt nq anf3 rr pk,?, enung homeland security strptacart tarogranIs,ar7d a%f'cwhtir oragoirrg 11S(F~MA nattrmi initiativc _._.... k ............ ..__ ..,. .. .... � .. - ......_ .....�_.. cwtt�rewr catastrophic event (e�ve�rfion actrvrtres t�e�v�fu�t^rrng related I€�rrrarrs�r��r°r., .. ...� �. �. .... � n._ n... .,°, .... ..,. .� .m. .r i Deve4oping and eMr honc inn plans arrd protocols Dewveloping or conducting af,,sawssrnents � r t tor'slconSl, l.._ 4. , ......._.. as.si Hiring wv tlr lonn�o �M a v of fairing . of Iral] or art tirnc. staff or r�orotror rltatrts to $ " � a^ astrvd�es,� drat'for 1P�r� purpose public safety pe;rsomv,;l fulfilling tr°acrvditirana< lsuMc safeky dutie ) . t: taorsooarrrtPlanning, _ m,.._ . ... ._�,.. r y y lannin , Training and Exercises ( lannincg), Line itm�raa a�21-01 ���,aJ�'.�� � 1 b ..... ybersecurity -Metadata Planner; Line item 2021-0 � m�.. 1 �... $43,000.9 t1..._ . ._.. ._ . �k _ _.._�,. .... .... . .- .._ .........._ 13' E— µcreraira , Search _.......... .µ —_.. _d u__..... rh and Detection (LP AnKalyst), 1 I 51,5'49.00 � 61,50.00 4 Line morn 021 0 .,,_._,...__ _ ... .... .............__ Cross Cutting .. ..._ ...., _... �.. ...._m. . ,.. _ ., tie Planners and nsaritants m.. _ _.............. .........._ Materials required to corrdUCt planning actrvides � ( ..... _.m.._ ...... 'ublic information and"Warning IBPAT)*, L.irta 4 iterrr 0 1 d4 t 3 qrl ..�r I 1 p ,...... planning activities volf er dr.Mna roirtcycl Irk Ira.. .�.... .. _.. ........ µ...... ......._ _r ......_.... ..1 _._.... . 32 w, 9 .. ,,... Overtime and bracVrll costs (in ace,orrkaarace with ofaenotlrankrd 1 1 Cost Guidanco) aarrca of HTl +aampdrant Tribal ider1trfrr eattaca 4 aaej"& Actrvrtre� to a Pareve pUrrnk,ig �nclrrsrvr of people with ds bilrtiu,s and othm with accem5 and functiond rae .ds and Mted Englrsh proficiency 1 Coordination with Crdrxen Corps CrararacmEs fray fubkc mforrn ia.rt«ore/e dtacaf on and develok.m(� ,,nt of voluntefer I programs'. rare--and' par f scs rwd to a, 6c r RRR� .a e�n'aerte nsavCO M a c ti o�. . �..., m. C welopriient, and review and r vrsion of crarrtrrararty of operations plans p... �.... _ .. _. .( ..... Develq)ment and revsew and revjsSo r of tdre i TOTAL PLANNING EXPEWTURIES sljO0,3P,00 j ` Allowable r r aan;lzafiaanadi Activifivs(HSrxP arrrd d t"TP)..w, . _ uallUty tiarrt Cost _I......Totalost ... ....��.# Progr-;arra ra anargenient ...........m. ,m.. _.... ....... m .w j .. _ Development of whole cOMMUtlrty PW rlef$hrP5 _. ....._,.. _ W "tructrrres and rir�aecda<.a&sms for information baring between i.,. ctr�rm ther.f ubk arm p�rwaaka se.. __ _...,.__ w. ... .. , trnfadementinq models, pro raraas, and wnrkfcrce I enhar'rr psi ent rrarti atrwre ._., Tools resources,..an actiwrtie s that f,a iHtate sharers , � � . .. .... .m.�. . �. .. ... ... .... ssfaratarara ak awarerrea,s between the public and prtvaate j f sectors _ _ ..... j Operationat support ... .w.. , _ _ _m.. .... ... �� w_, .. ... ._ ,.... �. .... ... _. _ _... t,ltilfzation of stand'arctOeM resoumv,a araanaagernent concf,.,pts f i I , 'ur � 5��,s aonrl rn to oiasrh a rf �rt �tl"Iro;�t l 0,66— Wational AdvtscrySystem (tTAS), or needs it suftrncd from a Nationat r Special Sea rarity Event ( � re Heir ribursement for seloct.operational expaersos assooaated with increased security measures at critical infras'trUCtrrre I � sites,incarcre (u to 50 percent of the a Nocatiora)..... l__ . . I CI .....�rl.. �'J T� IntorInterdictionand DisruptionDisruption(Operataaa�ra�i CST for � FF eapprovecf....events; Une item 2021 02 5,UtJC3,0.Q verfirne for infer %tren investigative, and intelligence shrr activities(a p o n ......., I lwing of new staff ca.xitiar,9 aar4t�r tr���lcrarr,brrftarrts for � ry participation in information/intelligence arrralysis and shat.in romps or fusion center a ctwities(up to 50 percer- of the I„ 6 allnoa9icn a _... _ taera�asaarat tf,.� � .. � ........ _ � _,... ...,yber Analysts; Line item, 20 ^f t $2201000M $290,000.00 t � Info inn Ili e _... _,... $ a,5t7tr,fttl race a � . . ... �. bare andfSharingI I F u ioaa tinter 287 Sao a0 3 i st ;,.tune item 2021-0 _.... _.. ....... _ _ . .. ..... .. , ._..m., .....p _ .. ..._._r _ _. . . ._.....,,.._ Cost of rnigrating online services to the edov"donr iain f r. _, TOIAL.ORGANIZATIONAL EXPENDITURES $582AD0,00 Atlows%We Eiemise ott's Quantity ,i nit Cost Total Got Id Design, aluate an Exercise ff lV���ietCBp, Conduct arid Evaluate v.. �.w..... �. ...... .. . ....1_....._. Fs 46 or Part-Tare Staff or.Contr Contractors/Consultants FaiMl W Part-time staff may be hwed to support exercise-related act�ivrtros, Payment of salaries and fringe Denefrts most be is) accordance witli trip policies of the spate or local unit(s) of agoverr merit and have the approval of the state or the � 1 awarding agency, wt idievev is appWoUe, The services of contractors/consultants may also he procured to, r.uppott the design development conduct and evaluation of Gf3l=tNE i erxe"- i es. The applicant's formal rrttena procurement policy � or the Federal , cquisrtion Reg,uO afions (FAR) must be followed . - . . n... ._. .._ .. _ ...... , Cyber e r �.rrr rtnrrr �.,. y�fZr� arszrty f�9ar�rr�rrar�,�"wrrrrrrq, arrcf Exercises �. � �,fatrt�.�� � 1 ft2 Q� 1.u. _ _ .. ,_...,m (Development Closed, POD E ferci e and Training 1 7� ,515.00 $7 515.00 � .._...,. r�rtxt�a#�4e��r�r�fi q ��tr.a. rr �'Prr tic AleaIt rn), Ling rternuff - ..... .. _. �. ., i _ ...._..., , I verVvne and backfll casts -Overtinie and tsar; fill costs, including ing expenses for pa A-tune and volunteer emergency response personneP participaflng 'In F f•MA exercises ............... _.. ..... � . ...... _,� implerTientatrun of HSEEP I _. rr t .tsvwts � to achieve exercisers snc,Prrsrve of pcafa8e with clisabfl ties and athem wvsth ac coss and fl..rrDci:OnM need _ f_._.... "ravel cavut costs(s,e_ airfare, mileage, ... � m ..,..... . ... per diem hotel, jE,t(,,.) are allowable as expenses by employees who are can J travel stallus for official Wsrness related to the plarming and_��,?nduict of the exercise project(s). j f Supplies m_SuppiPes are iterrrs Viat are expended or consumed dUdng the cGarSe of thD planr0q and conduct Of Uie exercise project(s) (e.g,,,cap"yinq papewf, gkwes tape, C I non_ e prcrtectrve ric;wpmentr -sterile r'n�-rsks..,..and ciispasakaP..._u. M ..._. _m.,. �.....�,.... _ �_,. ... a...... �� _... .. Inleroperable r;rrmrnunscaticrns exercises __. __ .. r achieve ,Activitwr�s to t�lev ...._ _... .m. ,.. .... � ._...m. _._�_...� _. ...... ........ .. e plar"ln,4)q Mc�Wsive of peoplewith Prrrrited. English rr�fw4�rerrc "fC �""' L EXERCISEEXP ENDITURES ��i`� � 1 . Ct.. proficiency r ��^ rvrry�r rr^�ry� y�rr�^^ %Ir^rm�+ �r ,r .,.,,.,, w..r..�,esw.r<..,..n c. mn Aa�..s,.a rc,,..«,.r ui .,✓ a.H ,w,..z::.vi ».c,...N s.l ,w,T,..� ,.,. o-..F.,..:,fi,F. :� ,. ,r ...€.,.:,« �, a,,.,,aµ .0 M..;. r... Overtime and backfill for emergency preparedness and response s r pp q ei attendi ng rr closses .. __.. . _,.. ..,. ..... _. ._. _ . ... ...-,.. ._ Y_.,.__ .. _ _. 32 Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DH$/FEMA training ------------- .......... Training Workshops and Conferences Activities to achieve training inclusive of people with disabilities and others with access and functional needs and limited English proFicienc Full Or Part-Tims Staff or Contractors/Consultants Cybersecurity—Planning,Training and Exercises 1 $313,293,00 $313,293.00 -ffqj!!!!nM; Line Item 2021-01 Travel Supplies are Items that are expended or consumed during the course of the planning and conduot of the exercise project(s)(e.g,,copying paper,gloves,tape, non-sterile, masks, and disposable protective equipment). Instructor certification/re-certification Coordination with Citizen Corps Counoils In conducting trainin exercises Interoperable communications training Activities to achieve training inclusive people with limited English proficiency Immigration enforcement tn inlng EM 32 ... .... _..... _.. _,...., ...a .... Eligible EquIpment Acquisition Casts The table below high4gints the akwa ulr, equipment nt categoi e,,;for this award A cotrgnehensive 5sting Berl these sue flowabl equipment e nt t ategor res and pecff�c n quiprinne not � trua ntity � Unit Cost � T'¢n i �n�st � Is crlu0ihfe under each categary, re Irsierd on the web based version of they Authorized Lrparlpnrnnent t Est( EL)at � ���� oa �a�nn tr nip r uL���r� t(n nrrn r rd a�ps rtrrri rit hr� Personal pnrotec ive erlarupnrrlernt t�wn ertpent Threats On-Scene Security, ante tirsar and LE �41as s ,DE — _. .�... _m ..-,. _..._. _ _,.. rnnseSecurity, to Ovi'str'rnne ecurit Y, Protection and L (�,(Sa Ilustic Protection) ArL#01LE 01-t1t MT 01LF 01-A' MR, 01- 1 $226,218M � 226 218 00 8 aHLd ), Line item 2_021 13 ..........e __. _ .,,.. _ _. _._. �. . ;xpnlru ive¢de0ce mffi olio n and rernediai0on equipment r^nemgent Ttnre,ats- Interdiction and Disruption 8om6 uitslBorrnb Robot A L1fCdM.04-8 UT"arid 02EX.02-R1 TL; Line item 2021-0 r 1 -BRNE ap laapar@p search and rescue eq,Wpment YR rrty Araly Erutnrr ALL ...- ., _. 0514 td0 PI M 05HS 00-F W 041AW 01-INI•IW and 19GN-00N 2 $r 000.00 $10 400 00 1 @ BGFIK Line I tern r 2021.01 ..._ __... _ 11E Screening,Search and Detection (Regional LP f Initiatives); AEL y�q fl Ct)�i+�p�-011MA^�t�-tt��by ,,�ny4AP-02-A�"+,�yPL , 1�g 1"d- 1 q 8 '1,4 tt. t1 $1d17T 8 00 00-INT"L, 3L '"W'0—SURV, d.1t„1'6'�%^^U'{Y""INST,21GI'ti',.""00-ONS i 1 r and 21 -00 SHIP, Line item 2�0 1 04 .,.._ _--. —..r. EmerOent Threats-On-Scene Security, Protection and 4,32a,00 34,32 ,00 L � )z ALL OOEm02-TILA; Lane Iter7n 2021- __... Enhancements,,Tablets,hand Rescue pone-�laa earclr an ( ff Enh attceme0'1 T'�h ,03Th Thermal Imaging Cameras); I 1 � 184,412.00 $164,412..00 0 AEL02-TILA,01AR-01-SAR, �04_. W 01-lfHWm,...2._1_. N 00 HIP__..L. ar_._e Item__2.0....21 12 I e_�011se i and Lighting); A L 403 -02-T'ILA.,4 1E-L.T"pA; Lnrre 1 $486,800.00 $486,800.00 0 item 2021 13 Covert Surveillance Technrs'dvgft AEL 04HIN-01-INI l'y61,04 Imntedlr tper�nce and Information Sharing(Video Walls and � �w .. ... C.. MD- 01-V AM,04SW- 4—N TW,04SW.05-SCAD,04MD.03-DI P, 1 $995,341 M $995,341.00 2 12TR-02•TEQP,030E-02- OVL,1 IT-00-iM,2'1 hI-OOANST arnd 21GN 01n OCE t me Item 2021 02 .._......... . ........... ..__.. .. Irltelllgence and Info Sharing-I& I w-,(RTCC pp, Enhancernent/Video, Display); A L #04MD-01-DI P, .1 � 29, 3C,00 s2 , 30.00 3 i.2I 1 00-IN T'r Lime item 2021-03... .. �.... _... CDVE-:-Planning (VIR Gounter Terrorism Training 1 $170,000-00 $178,000.00 4 S stem); AEL#V4AP-08-SINS; line item 2021.04 Crate Cutting-Op-ereManal Coordination jWebEOC); 04AP-05-CDSS, 04AP-03-GISS,04$W-04-NETW,04AP- $255,000.00 6 02-AVLS A.4. zn.'. -77� 77,7,17,,: Emergent Threats-Operational Communications(Worowave $2011,000.00 $291,000.00 5 Down[Ink);AEL#06CP.03.MWAV; Line Itom 2021-06 -ke-sponsq ationall Communications(Repeaters,Radios, Sat phoneskadlos,Cellular Come Kits,Overlay);AEL#06CF- 01-BASE,06CP-02-BRDG,06CC-03-SATM, 06CP-01-PORT, 1 $103,484.00 $703,484,00 9 06CC-42.0SAD,21GW-WTRWG,06CP-0-PORT,08CP-01- REPT,q6CC-03-SATq,030E.01.CTAC, Llmeji�(em 2021-16 Vo Emergent Threats-Serse n f ng,seavah a tid (00tulown t"axmat Detectors,Monftrs,Motors);AEL 9070D-01-OPMG,07ED-01- IMOB,077.,Z,00-NC5R,07RD-02-PRDA,07CD-01-0120C,0708, 1 $308,705.00 $368,735.00 5 01-KAVC,OICS-01-KLCS and 1 5SC-00-PMON,Urte Item 2021- 06 ".7 Response-Logistics and Supply Chain Management (Generators,Power Cells,Shelter);AEL 410180-00-SOLR, 1 $433,353,00 $433,365.00 a 10GE-00-GENR and 1198S-00-SHM,Line Itm 202141 ".0 Emergent Threats-Critical Transportation(MCI HWMTU ; 1 $683,961-00 s583,961,00 5 AEL#12VE-00-A9US;_Lijnq Item 2021-00 Emergent Threats-rnArnmenta I Response,Health and Safety(Hazmat Trailerffiqulpment);A151L#12TR-00-TEOP, 01CM-04-ENSM,GACB-02-ENSM,WVT•02-FTWR, OWT-02. GARM,01VT-02-GLOV,0IZA-04-HEAR,07CD-01.1013W,01ZA- 02-1 TWO,07CD-04-DCSO,01 SP-02-FTWR,07CD-01.DPFI, 6 0ISP-02-GLOV,07CD-01-DPPI,GiAR-02-APR,WAR-02APRC, 04AP-02.OAPT,07CD-01-KLSV,0 IAR-01-SCST,0802.01- VMCD,030E,02-TILA,08D2-02.EDCS,OOD2.03-TOEW,19GN- 00-COMP,0802-04-SOLN,11R&00-RFCB,07RO-02-KHSM and 030r:-03-CACS; Line item 2021.05 32 Response—Critical Transportation;AEL 12VE-00-MISS,Line 1 $760,121.0 $760,121.00 8 Item 2021-10 Intelligence and Info Sharing-I&I-(Forensic Video Covert Streaming Systems);AEL#13LE-00-SURV, 4 $134,068.00 $1134,058.00 3 04MD-03-DISP,04HW.01-IN14W and I0GE-00-GENR;Line Item 2021.03 Cybersecurity(COOP Projects),AEL#14CI-01-COOP,Line 1 $77,000.00 $77,000.00 1 Item 2021-01 STICIP(Acceso Control to Include Election Security);AEL 1 $260,000.00 $250,00.00 2 #1 48W-01-PAC$and 21 GN-00-INST,Lino item 2021-02 STICP(Physical Protective Measures—CCTV,Bollards);AEL #14SW-01AIDA,148W-01-WALL,21ON-00-INST,041V!0.03- 1 $1,300,124.00 $1,369,124.00 2 DISP,21ON-00-MAIN,041-1W-014NHW�__ Intelligence and Info Sharing—Interdiction and Disruption (Regional Maritime Radar Project);AEL#14SW-01-RADR,Line 1 $330,000.00 $330,000.00 3 Item 2021-03 Response—Communications(Backup Ethernet);AEL 14W- 1 $20,000.00 $20,000,00 9 01.COOP Line Item 2021-16 Ma '0 9!pn A q�l T"�l oi Ei- r F_ Ise '75 Response—Mass Search and Rescue(Fireboat),AEL#17wc- 1 $173,766.00 $173,785.00 8 00-BOAT,21GN-00-TRNG•Line Item 2021-12 BA ,yentiqn and Response Llrimatin.0d Aircraft M Critical'smergenfGY86pplld§:_�_ tli14 Intelligence and Information Sharing—I&I—Fusion Center Operations;AEL#21GN.00,OCEQ;04HW41-INHW;13IT-00- 1 $270,000.00 $2T0,000.00 3 INTL,13IT-00-ALRT-, Line Item 2021-03 329 ros° s'a C-6-tUn 1 r .m APL �21 N-00-OC ECR, 06C P 05 ..., .... aar��kbcaa'w�9 Ccaardira+atlr7(P�C.�C r 'rwni�r�rae�rra�rat,:y); WCTCraN,C16CP- a � 01.-T.IO "I", 04 D-03.018P 04t1W.01-Hl4C' OOP -00 PT"CH, 06CC-08-SATP,06CC43- AT 3„4 CC,04$AC a QOCC-01� 1 $505,600M $505,600M CELL, 14SW-01•PA,CS„ 14C I-00-CC70P, 21GN-00-INST,04FtkV- p Cr'4-CABL,04HAt,01..1C W and 21IGN-00-INST; Linea item 2021- � C 07 tulltigation Carrara unity Resita rarea(Citozeti Corp/CLITT),AP:L . # 1GN-00-CCf ,04AP-08-S S,OSCR-Di-PORT; t_Ino#trail 1 $4PP7„89100 � 497,803.00 � 7 2021-0t3 A ,. - .. tic ton—Long Term Vulnerability ra�tror {MamtenanCO/Se9sta4IM0ratof qr rren ); d 421C�-00m � ! 143,7,0 rC I .... w._ 140,7 0.00 IMAM; Line ' _mm 1 0 TOTAL EQUIPMENT EXPENDITURES $10,400,353A10 ,,, i.. r... ;ip,.. dYp iq.Nl vw✓9Y,..Immr w eoT. r -... .. ,LI: /r r J ra, ,., i' �'! Ir I, I iX����r f';a✓/ i fH rP I r Hg�/ r. � �'�/�j 11��d I� :��rJ i /�;,,,, c ^� Hiring of tutl-tsme or Pan-Urne staff or crar'�tr Tt;trar s c�rbr tllt f z to assist with the rTwna. <,;nient of the resp ctrve grant progrvn"arn ppk tion r gOernents and rcraa Oance rtii r porlrnr rrnd data coN ctiaan r rterirefil nts t &A Salary Persoraraet, Une items 0 -17 1 610,;,00 00 i 010 00 00 ........... _ 1 �. . ._. _...... f. _- Development of opwatk q plans foF rrrtarr-nallon collection � h and processing neac os sary...to respond to DI-IS/ t IMA data salts N m..._. Overtime and b ckfrll costs,-Overtkne expanses are ! defined as the result of personnel who worked over rind' above 40 hours Of weekly work tirrie in the perfearl-narice of FEMA,-approved activffies Wlthi)the scopes of this grant, Backtrll Costs also called"Overtime cis B ckfrp9' are defined 4 s expenses frcara the result of personnel who ire working ( d cave-tare%n order to peifcrrn the duties Of other personnel who are ternpaorrtrily assigned to F EM -approved acbvAies outside their core responsibilities, Neither overtirrae roar b c fill expenses are the result of art increase Of FLIN Tirra Equivalent(F l Es}ter p' oyCres.... m.. ...... �.....- 1 rw1 expenses ... -.. .. .�p Lin itern 20 . ..� 000„00 ... 20,000.00 _ 'i 17 .1 0, .. ` . ... _,,. p P e cc in 'r late7d expenses _.. C..� ..... _. r 4 32'f.: | ' i i ) � ' 4 ATTACHMENT 0 SCOPE OF WORK rjb-Re=;ipients most comply with aft the regtiirernerits in 2 C.F.R. Part 200(Undorm Administrative Requirements, Cost Prinoiplea,and Audit Requirements for Foderal Awwds). Funding is provided to perform eligible activlOn as'tdevititied in the Dornez90 Homeland Security Federal Emeroenoy Management Agency Neff trial Preparedness Pireotoraie Fiscal Year 2021 Homeland Security Grant Program(t-1 ),ran5lstent whh the DapArtmant of Homeland Security State Strategy. Fllgibl,�activities are outlined in the.Scope QfWork for each category below: L Issue and Project Description— Issue 45;The Urban Area Secuttty initiative(LASS) has allowabla Man4etrent and Administratfon (M&A)costs associated with it. The Division of'Emergency Management,as the designated State Rdt.Winistrative Agency,wiii rotaln five(5) percent of the total U l amount.allocated to Florida fo.r M&A purposes. These funds will provide the 5AA with the means to manage and adrninist r the UASI grant. The proper management end administration of tfiesz funds ensures that each project listed will be fulfilled.,or pattiatly futftlt d,More effidoyMy whiia remaining In comprllance with the CH .Federal Fiscal Year 021 Homeland Security Grant Prcgr m C uldariqo. it. C�tegri'�S rtcf 1it�te.Acttult9ae 'Y 2021 allowable costs arc divided into the foltowing lot this agroemarit; Planning, Organizational, Exercise,'m fining, Equipment and Management and AdraInIstration.Each category`s all>`awWr M costs have#) ri listod in the"Budget Detail WorkshRot"above. A. Allo ble PlannIng Rolate :Costs HSG 'funds may be used for a range of emarge". and management planning activities such a*.those associated.with the development, review,and revision of ilia THIRA, SPR, contiguity of op0ratlooe.platm,and.othev planning sctrvities that support the Goal and placing an emphasis on updating and mainidiving a current EOP that onforms to the quidelirtas outfiniad h OPG 10 V 2 Q. Developing hazardlthreat apecific annexes that incorporate tlia range of prevention, protection,response, and rezdvwy activities; Deve aping and implernooting homeiand security support protgramu and adapting DI-ISIV MA national initi-ativs; o Developing related terrorism and other catastrophi,ev nt.p ventioh a�"tivitses; o Developing and enhancing plans and protocols; ® Developing or c.onduringsastenta; Hiring of full-or part-time staff or contmellconsult nts to asaist with planning.activities(got for the purpo e of living pubiiia:safety personnel fulfilling traditional public safety dutles); Materials required to conduct planning activities; Traveliper diem related to planning ctivftlag; o: Overtime and backftll costs(in accordatiw with opimational Cost Guidonco); Icsuanoo of VVI-ITlncomplfant Tribal identification card, Actiuittes to ar.Weve plamirig inclusive of people with disabilities and others with ac s�and functiorrtal needs; . caoyft6bon with Citizen Corps Councils for public inforrhatioiVedLication ard development of volunteer programs.; Update governance structures and processes and pl rr.6 for mergamcy communications; + Development,wti review an.4 rM',& n of continuity of operatlors plan , Development, and review and revision of the THIRX PR continuity of operations plans; ah(A activities to achieve planning inclusive of people with limited English proficiency. 33 I B. Allowable Organization Rotated Casts(HSGP and UASI Only) Sub-Recipients proposed expenditures of SHSP or UASI funds to support organization activities include. a Program Management; • Development of whole community partnerships,through groups such as Citizen Corp Councils; • Structures and mechanisms for Informatlon sharing between the public and prWate sector; + Impiarnent'ing models, programs,and workforce enhancement Initiatives to address ldeologioally inspired radicalization to violence in the homeland; • Tools, resources, and activities that facilitate shared situational awareness between the public and private sectors; • Operational Support; • Utilization of standardized resoures management concepts such as typing,inventorying, orgarizing,and tracking to facilitate the dispatch, deployment, and recovery of resources before,during,acid after an incident; • Responding to an increase In the threat level under the National Terrorism Advisory System SNTAS)or needs resulting from a national Special Security Invent; • Migrating online services to the".gov"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 Hom0and 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/cr contraotor positions to serve as Intelligence analysts to enable inforrraticn/Intelligence sharing capabilities, as well as support existing intelligence ana(ysts prsvlously covered by HSGP or UASI funding See 6 U.S.C. §609(9y. To be hired as an Intelligence analyst,staff andlcr contractor personnel must meet at(east ore of the Wtowing witerla; a Complete training to ensure baseline proficiency in intelligence analysis and production within six months of being hired; and/or, + Previously served as an intelligence analyst for a minimum of two years either in a federal intelligence agency,the rrillitary, or state and/or focal low enforcement intelligence unit. Intoiiigence Analyst Activities Allowable Costs(HSGP and UASI] All fusion center analytical personnel must demonstrate qualifications that meet or exceed competencies Identified in tho Common Competencles for state, local, and tribal Intelligence Analysts, which outlines the minimum categories of training needed far tntslligencs 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 withtrf their I.!submtsslon, All Ws aria allowed to utilize up to 50 percent{50%)of their H,5GP 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-Reciplent of a grant,the FEMA AdmInlstrator may grant a waiver of the 50 percent(50%) limitation noted above. Request for waivers to the personnel cap must be submitted by the SAAto GPO in writing on official tetterhead, with the following Inforrrration: • Documentation explaining why the cap should be waived; + Conditions under which the regoest is being submitted;and • A gadget and method of calculation of personnel costs both in percentages of the grant award and in total dollar amount, To avoid supplanting issues,the request must also include a tlhrea- year staffing history for the requesting entity. Law Enforcement Terrorism Prevention (LET'P)Actividos Allowable Costs(HSGP and UASI) 39 LETP Activities eligible for uss of LETPAfocused Funds include but are not limited to; a Maturation and enhancement of designated state and major Urban Area fusion centers, )ncluding Information sharing and analysis,threat recognition, terrorist interdiction,and training/hiring of IntWilownce analysts; a Coordination between fusion centers and ather analyftiica4 and investigative off orts including, but not limited to Joint Terrorism Taste Forces (JTTFs), Field intelligence Groups(FIGs),High Intensity Drug Trafficking Areas(HIOTAs), Regional Information Sharing Systems(R€SS) Centers,criminal intelligence units,real-time crime analysis centers and DH8 intelligence, operational, analytic, and lnvesilgative entitles; • Implementatbn and maintenance of the Nationwide SAR Initiative, including training forfront Eno personnel an identifying and reporting suspicious activitles, tipslleads, and onilne/social media-0ased threats, as Well as the execution and management of threat assessment programs to Identify, evaluate,and analyze indlcators and behaviors indicative of terrorism., targeted vlolence, threats to life, and other criminal activity; • Management and operation of activities that support the execution of the irrtslligence process and fusion centers, including but not limited to; Fusion Liaison Officer(FLO)programs., security programs to protect the feclitty, personnel, and information,and the protection of privacy, civil rights,and civil llberttas. • Implementation 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 €ncrasse the sharing of information with public and private sector partners, including nonprofit organizations, o Note,. DHS req.*9s,that all public and private sector partners wanting to implement and/or expand the DHS"If You See Something,Say SomethingV campaign using grant funds work directly with the DHS Office of Partnership and Vrigagement(OPE) to ensure all pubtic awareness materials (e.g., videos, posters, tri-folds, etc.)are consistent with the DDS's messagiacg and strategy for the campaign and compliant with the initiative's trademark, which is licensed to DlgS by the Now York Metropolitan Transportation Authority.Coordination with OPE,through the Campaign's Office (seesay@hq.dhs,gov),must be facilitated lay FEMA. • Increase physical security,through law enforcement personnel and other protective measures, by implementing preventive and protective measures at crit}cal infrastructure site or at-risk nonprofit organizations; o Building and sustaining preventive radlological and nuclear detection capabilities, including those developed through the Geouring the Cities initiative;and o Integration and Interoperahillty of systems and data,such as cornputer aided dispatch(CAD) and record management systems(RMS), to facilitate the collection, evaluation, and assessment of suspVmus activity reports, tlps/ieads, and onlinelsocial media based threats. Organizational activities under HSGP and UAS1 include: operations# overtime Costs. In support of e0arts to enhance capabilltles for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime casts are allowabis far increased protective security measures at oritical infrastructure sites or other high-risk locations and to enhance public safety during mass gatherings and high-profile events. In that regard, HSGP Sub-Recipients are urged to consider using grant funding to support soft target preparedness activities, HSGP or UASI funds may be used to support select operational expenses associated with increased security measures to the authorized categorles cited below, • backfill and overtlrne expenses for staffing State or Major Urban Area fusion centers; • Hiring of contracted security for crlticai infrastructure sites; •Participation in Regional Resiliency Asseasment Program(RRAP)activitlas; •Public safety overtime; 40 i i •Title 32 or State Active Duty National Guard depleyrnents to protec(crkical infrastructure sites, including all resources that are part of the standard National Guard deployment package(Note, Consumable costs,such as fuel expenses,are not aflowed except es part of the standard Nationsf Guard deployment package), ■ increased border security activities In coordination with CSP; .National Terrorism Advisory System; •Designated National Security invents, is Special Event Assessment Rating(SEAR) Level 1 through 4 E,vmts *States of Emergency; * National Critloa[Infrastructure Priariftation Program(NCIPP); . Directed Transit patrols; and Operational Support to a Fedemt Agency, Operational Overtime Requests: e Except for an eiovated NTiAS alert,HSGP or UA5f funds may only be spent for operational overtime costs upon prior written approval by FEMA The SAA must submit operational overt ie requests in writing to its assigned FEMA program Analyst(PA). FEMA will consider 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 slow the request meets the criteria of one or more of the categories listed above. Requests must address the threat environment as it relates to the event or ectivity requiring operational overtime support and explain how the overtime activity is responsive to the threat. o Post-event operational overtime requests will only be considered Qn a case-by-case basis, Were it is demonstrated that exigent circumstances prevented submission of a request in advance of the event or activity. s Under no circumstances may DHS/rr5MA grant funding be used to pay fw 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 guidance limitations).Any UASI funds retained by the state must be used in direct support of the bight-risk Urban area. States must provide documentation to the UAWG and OHS/FEMA 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 appropv%te DHS components as necessary to verify Information used to support operational overtime requests. Personnel Costs(HSGP and UASI) Personnel hiring, overtime,and hactsf1it 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 notivlUes directly associated with HSGP and UASI funded activities, Intelligence enalysts,and Statewide Interoperabliity coordinators(SWIC), Sub-Recipients should refer to Information Bulletin No.421 b, Clarlficatlon on the Personnel Reimbursement for tntelttgence Cooperation and Enhancement of Homeland Security Act of 2008(Public Law 110-412—the PRICE Act), October 30,2019.WSGP funds may not be used to support the hiring of any personnel to futM traditionW publio health and safety dirties nor to supplant traditional public health and safety positions and responsibilities, The following definitions apply to personnel costs: e Hldng. State and local entities may use grant funding to cover the salary of rteMy hired personnel who are excluelvely undertaking allowable DHSIFEMA grant activities as specified 41 I I in this guidance.This may not include new personnel who are hired to fulfill any nen- DHSIFEMA program activities under any circumstances.Hiring wM always result in a net Increase of Fuli Tf me Equivalent(FTE)employees. • Overtime.These expenses are limited tc,the additional costs that result from personnel working over and above da hours of weekly work time as the direct result of their performance '. of DHS;FEMA-approved activities speolfied In this guidance. Overtime associated with any other activity ss not eligible. Backfi<fi Rafafed Overtime.Also called"Overtime as 13ackfili,"ihsse 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 temporarily assigned to DIS&EMA-approved activities outslda their core responsibUities.Nls®ther overtime nor backfilt expenses are the result of an Increase,of F'TEx employees. + Supplanting.Grant funds wilt be used to supplement existing funds and will not replace (supplant)funds that have been appropriated for the same purpose.Applicants or recipients may be requ€red to Supply documentation certifying that a reduction In rw-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. Organization(OPSG) Personnel Oasts:OPSG funcis msy be used for domestic travel end per diem, including costs associated with the dopfoymentlredeployment of personnel to border areas and for iravel associated with law enforcement entities assisting other local jurisdictions In law enforcement activities(travel costs must be in accordance with appiioable travel reguiatigns). Up to 50 percent of an OPSG award may be used to pay for all personnel costs(only to the extent that such expenses are for the allowable activities within the scope of the grant).At the request of a recipient or Sub-Recipient, the F'EMA Administrator(or designee)n'rery waive the bo percent 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)(I).A farrmat OPSG personnel waiver request should: i Be on official letterhead, Include a written justification, and be signed by the local jurlsdlction. o Include a budget and method of calculation of personnel costs both in the percentage of the grant award and in total dollar arnount,reflecting the changes in scope or objective to the project, o lndude an approved Operations Order from the USBP Sector office that supports the local jurlsdictlan's written justification, v Be coordinated with the USBP Sector, SAA, and the DHSIGBP Office;of the Border Patro{ (cap), As with all OPSG personnel costs, OPSG grant funds will be used to supplement existing funds and will not replace(supplant)funds that have been appropriated for the same purpose.Applicants,or recipients may be required to supply documentatton certifying that a reduction In non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds, Operational Lvertime Costs,OPSG funds should be used for operational overtime costs associated with law enforcement activities in support of border law onfornerneot agencias for increased border security enhancement, Overtime pay is for enhanced patrol for certified public safety officers,along limited support for other lew enforcement direct support personnel(e.g., Communication Offlcers/Dispetchers, non-sworn patrol pilots,ate.).Overtime shall be reimbursed consistent with the Pon- federaf antlVs overtime policy and the requirements as stated below: Overtime is time worked that exceeds the required number of hours during an employee's designated shift. o Overtime must be worked to Increase patrol capacity and be in support of Identified and approved USBP border security operations. 42 i f i • The:OPW overtime hourly rate of pay will be no more than the approved..overtfine rate per local iaw and paiicy artd must be in accordance with applicable State and Federaf regulations. +� All overtime experises under OPSG must be ceasor aWe for the services rendwed and conform to the non,f deral entity's established written pcalicy,which roust apply to both federally funned and non4edo4ly fund-ad activities anoi comply with the other applicaWo requirement under 2 CPR .§200,430-200,431. The non federal antity may not utilize OPGG funding to pay for an e€nployee's overtime hours or pay that exceeds'16 hours worked in any 24-hqur period. Toropatarf or Terra Appointmertta o Sub-Recipten.ts may utilize temporwy or term appiDWtnents to augment the law.enforcement presence on the borders.However,applying funds toward hirl rig full-time or permanent sworn .public safetyofficaCs is unallowable. OP G-funded temporary or terra ap pointnients may not exceed the approved period of perforfrance,. v For OPSO purposes, temporary appointments are non-status appointments far less than one.year, a F'ar 01PSG purposes,term appOntments are non-status appointments for one year, extondatale for one year as necessory. OPSO funding fm tempo r,) or tiMM appaln meats may pay for salary only. benefits are not tl9vy ble expenses for terra or temporary employees. OPSG remain.a non-hiring program. Approp0ate gees of tempo ry or term appointments include: To carry out specific enforcemerkt operations work toy ongoing OPSO-funded palm throughout the Sector Area of`Op ration; To staff operations of limited duritloa such as 010� -eahanced Worcement patrols targoting specific locations or criminal activity; and, 49 To fill OPSG pgsitiuns in activities undergoing transition-or personnel.shortages.and boat hackfffi licies(medicalfrrrMtsry.depiayments). OPSG term and temporary appointments must have ail necessary cetfications and training to eryfor(�a state and local laws,OP SO finds wN"6t be used W train or c itify term or temporary appointments except as otherwise stiatgd in the OPSG section of the Pt par dneos Gtants.Manual and the HSGP NO O. . in Odidon to these terms 80-Reoipients must follow their own applicable policies and procedLrrea regarding temporary or term appointments. Un llo ablo Coate(OPS ) OPSG u.nailowable cis in dude.costs associated wit evidence collection, arrest processir+. , prosecution,and TrafficdMl ch ukp6shts,such as evidence dQpAmar>tatlon cameras, fingerprinting suppiim.alcohol breathalyzers, portable wont lights,fr ffio barricades, and similar law enforcement expanses.Additional unallowable cysts also include coasts assooiatsd'with sWirlq and general IT compu ing equipment and hardware, such a�personal c mputars,.faxes, copy machines,modems; etc. OPSG 1s not intended as a hiring prograrn. Therefore,apptyined:funds toward hiMO full-time or permerrent mom pubilo safety officers is unallowable, OOSG funding shelf not be us6d.to tupplarlt inherent routine patrols and law enforcement operations:or activities not directly related to providing enhariced coordination between it al and f6detal taw enforcement agencles, Finalty, con'structlon and/or renovation wstg,and exercise exp nse8 are prohibited under OPSG, 0. Allowable Exercise Belated Coats Exercises conducted with grant funding should be managed arad conductod HSLEP. HSERP guidance for exercise design, development, canduct, evaluatlori, and improvement planning is located at&ti �r,Faii�a.�ati/emg� rrc -n orris fia al- rf����x�raiseslhs�. 43 i O Design, Develop,Conduct,and Evaluate an Exercise e Full or part-time staff or contra ctorslconsultants a Exercise Planning Workshop a Full-or part-time staff ar contraotomlconauitants • Overtime and backfiI]costs, including expenses for part-time and Wumser emergency response personnel participating In DIISiFEMA exercise ® Implerrantatlonof HSEEP o Activities to achieve exercises Inclusive of people.with disabilltiea and oihera with access and functional needs s Travel a Supplies associated with allowable approved exevcsas a I ntaroperable comm unloations exercises Additional Exercise information Sub-Rwipients that decide to use NSGP funds to conduct an exerclse(s)are encouraged to complete a progressive exercise series.Exercises conducted by states and high risked urban areas may be used to fulfill similar exercise requirements required by other grant programs, Suts-Radpients are encouraged to invite rapresentativeslpianners involved with other Federally mandated or private exercise acthvities.States and high risked urban areas are encouraged to share, at a minfrnum,the multi-year training and exercise schedufe with those depailwmts,agencies,and organizations included in the plan. a Ifafidatfng Capabilities, Exercises examine and validate capabilities-based planning across the Prevention, Protection, Mitigatlon, Response, and Recovery mission areas.This extensive engagement of the whole communnity, including but not limited to examining the needs and requirements for individuals with disabillbes,individuals with limited Engilsh proficiency,and others with access and functional needs, is essential to the developtvielnt clan effective and comprehensive exercise program. Exercises are desfgrQ to be progressive—Increasing In scope and complexity and drewing upon resufts and outcomes from prior exerclses and real- world inc{dents W to challenge participating commun'sties.Consistent with Homeiand Security Exercise and Evaluatlon Program guidance and tools, the Natienai Cxercise Program(NEP) serves as the principal exercise mechanism for examining national preparedness and measuring readiness, Exercises should align with prloritles and capelailities identified in a multi-year TRIP, a Special&ent Planning. If a state or Urban Area Will be hosting a special event(e.g., Super Bowl,G-8 Summit), the special avent planning should be considered fts a training or exercise activity for the purpose of the multi-year TEP. States must Include all confirmed or planned special events M the Mufti-year TER The state or Urban Area may plan to use FISGP or UA81 funding to finance training and exercise activities in preparation for thoso events. States and Urban Areas should also consider exerciseg at major venues(e,g„arenas,convention centers)that focus an evacuations, communlcatlons, and command and control. a Raglonal Exerejoes,States should also antle1pate payticfpsing in at least one Reglonai Exerclse annually. States must include all confirmed or planned speclal events In the 4+f 01- year TER a Role of Alan-laovarnmental Entity in Exercises. Non-governmental participation in all levels of exercises Is strongly encouraged, readers from entities should be includad in the planning, design, and evaluatfon of an exerciso. State, focal, Tribal, and territorial jurisdictions are encouraged to develop exercises that test the integration and use of non-governmental resources provided by antMss,defined as the private sector and private non-profit,faith-based,community, participation in exerciser sliouid be 44 l 4 I i coordinated with the local Citizen Corps Counoll(s)or their equivalent and other partner agendes. i FOOM State"Graining Ctfice conditions for Exercises-,For the purposes of this Agreement, any exercise which Is compliant sn+ith HSEEP standards and contained h)the State of Florida(and County or R%(onsl)MYTEP qualifies as en authorized exerd5e.The Sut)-Radlplent can successfully complete an Whor#zed exercise either by attending or conducting that exercise, • in order to receive payment for successfully attenalln.g an authorized exercise,the Sub- Recip lent must provide the Division with a Gwtlfleate of comp4etion or similar correspondence signed by the isnlividual In 0arge of the exercise;additiosiaiiy,the Sub-Recip)ent must prev{de the Division with ail recaipts that document the costs incurred by the Sub-Recipient iri order to attend the exercise, • In order the recants payment lot successfully conducting an authorized exercise,the Sub Rsciplent must provM9 the Division with an ExPLAN,AAF�V, IPCiMPC1FPC Meeting Minutes and Sign-in Shoot for exercise attendees;additsonally,the Stii7-Recipient must provide the DiValon with all receipts that document the oosts incurred by the Sub-Recipient In order to conduct the exercise. The Sub-Recipient moat include with the ro1mbursement package a ssparate copy of the page(s)frog fl%Exercise Plan which identiflos the participant agencies and o prlrtted pcge(5)f►arrr ft Stets(And Gdunty or Regional) MYTEP reflecting the exercise. • if you requsre foodMater for this event, request must come to the Division wlthin 25 days prior to tho event, in the following format: Exercise T!tle: Lacatiow Exercise Date: Exercise Schedule: Estimated Number of Participants that will he fed: Esfsrnated Cost for foodlwater: Uesorlption of the Exercise. 0. Allowable Training Related Casts(SHOP and UAW) Allowable training-related costs under HSGP include the establishment, support, conduct,and attendance of training specifically Identified under the HSGP and UASI programs ar"r in conjunction witl'r arnergnncy preparedness training by over Federai agencies re.g- MHS and DOT). Tirdning conducted using HSGP funds should address a performance gap iden0fled through an AAR/lP or other assessmwits(e.g„National Emergency Communications Plans NECP Coal Assessments)and contribute to building a capability that wilt be evaluated through a formal exercise. Any training or training gaps, including those for children,older adults, precdriant women,and Individuals with dissabilitles and others who also have access or functional needs, should be identified in the AARIIP aN addressed in the state or urban Area training cycle, Sub-Recipients are encouraged to use exibing training rather than developing new courses.When developing new courses, Sub-Recipients are encouraged to apply the Analysts, Design, Development, Implementation and Evaluatlon(ADDfl model of insirructlonal design, Y Overtime and backfill for emergency preparedness and response personnel attending DHSIFI MA-sponsored and approved training classes ■ Overtime and baddili expenses for part-time and volunteer emergoncy response personnel participating in DHSIF MA training ■ Training workahopa area conferences • Activities to achieve training inclusive of pecple with disablRies and others with access and functionoi needs and limited English proficiency 43 1 i • Full-or parf tsmo staff or contractxslcqnsultants • Travel • Sgppi ez associated with aliovvoble approved training that are expanded or contumed during the coums of the planning and conduct of the exercise project(s) • Insteuctar art#i atios�#re certf c etion • CoQrdinatian with Ciftan Corps Councl)s in conducting training exercises • Interopar ble communications training • Activities 0 achisee planning inclusive of people with limited English proficiency • Immigration enfomtmant training Additional Training Inf"mation Per DHGIF MA Grant Programs Directorate Policy LL3L3 € oview and Rppravral e ulrolfionf's for Training Courses FuodvU Through Preparedness Grant, issued on Arty 19,2018,states, tarritorles, Tribai entities and high-risk urban areas are.no longer required to request appmvai from FEMA lot personnei to attend rsor)-DHS`n FMA training as long as the traininq fs coordinated with and approved by this stag,territory,Tribal or high-osk,urban area Training Point of Contact(TPOC)and falls within the FEMA mission scope and the jurisdiction's Emergenq Operations Plan(COP).The omit exception to this pol ioy is.for Countering Violent Extremism course.DIISIFEMA will corduct perlodic reviews of all state, territory., and Urban Area training_funded by UHSIF MA,.These,reviews may include requests for ait course rnateriais.and physical observation of, cir participation in.,the funded training..if thesis reviews determine that courses are outside the socpe of this.guidance,�30-Recipient; wN be asked to repay grant funds expended in support of those efforts. For further(nfprMatidn ors do-veloping courses using the instructional design methodology and toots that Gan facilitate the proce s, SRAs and TP00z are arrco raged to review the AITEL9 „praEarl r i"`oitria Dovelo ront C' riler( TDQ website. DHSVFEMA Provided Training. Thesis traini.ngs include programs or Wus ses dovetoped for and d0yev ed by institu5ons and.orgafti:4aticans funded by DH$Ir«EMA_This includes se Castor for Donnuatic Preparedness( DP),the Emergency Mariag irtant Institute(EMI), and the Nationai Training end Education Div s&'s(NT O)Tmining Partner Programs(TPP), TOP incfu.des the,Center for Horrr.eland C)efense and Security,National Dorr'iastic Preparedness Consortiurn(NOPO), Rural Domestic Preparedness Consortium(RI P'),and training partners through the Continuing Training Grants progmM. Approved State and F#derel Sponsored Course Catalogue. This c ts[Nue Betz state and Federal ,apogs3rod oo4mos that fall.within the VH /FFMA.rnission$cope and have been approved through thra F EMA coume review and approval process.-An updated version of this catalog can be accessed at- w�;flrsfres��?nci�rtrr�isrl__r�c�.�v. raining Not Provided by 08SIFEMA.`Chew trainings include courses th4A are either.state sponsored or Federal sponsored(non-DWFEMA),coordirwt�A and approved by the SAA or their designated TPOC,and fall within the DMFEMA rnisston scope to prepare state, local;Tribal, and territorial pergo°rnd to:prevent,protect against, rnitigato, respond to, and recover from aOs of tenvism or ca.#astrr>r WC events. • State Sponeared Coom.es.These oourses are developed for ail dtor delivar d by iastitud ans or.orpl nizatlons ether than Federal entities or FEMA and are sponsored by the 5AA or their designated`CPCC, e Joint Tr Wng an-d Exer6fsas with the PublIc and Private Seetars.'Theae courses are sponsored and coordinated by private sector ehtities to anhance partnerships for tmWng personnel to prevent, protect agalnut, mitigate.,respond to,artd recover from acts 46 4 I of terrorism or catastrophic events. In addition, States, territories, Tribes, and i,lftn Areas are encowagedto incorporate the private sectorfr government-sponsored trainNg.and exers ices, Additional informatloR on both CjHS/FEMA provided training and ather federal and state tralnirxg can be found at: fi re an err in ; ov. Trairting Information Roparting$yvte ("Webp orms").'Web-Forms is an electronic f�rrnldata management system,built to assist the SAA and its designated State,territory and Wbal T alrfng Poini of Contact(i OG). Reporting training activities through rifled-Forms Is not required under FY 2021 HSGP, however,the system rera ins-available and can�e access.ad through the i"EMA Toolkit located at tt�1d �k tresoond rtrairt na ov{rtl in order to support granges in their own trauking cif training deliveries. FOEM State Training Office Oonditiona: Forthe purpgses of this.Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub-Recipient can. strcce fviiy COMplete an authorized course either by attending.or conducting that course. a In order to receive papwant for successftulfy att ndbog on suthodzod training wuro,the 8ub- Recipient must provide the Division with a certificate of course additionally,'the� Sub-Reppien't must provide the Division with all receipts that docurnantthe costs inourred by the Sub- eciplent in order to att td tiffs course. * In prder the receive payment for euc Ssfully conducting an authorized course, the Sub- Recipient mu8t provide the DMston with tbr� -urso materials and s ros. r sign-in shut; additionally, the Seib-Recipient wrist provide the Division with all receipts that document the Gosts irwurr d by the Sub-Recip lentin order to conduct.the course." For course,that are rton-DI-18 approved training, Sub-Redp°sent must faquost apptuval to conduct training through the use of the NonJED Form and provide a copy,along With email, showir€g approval granted for cnnduft For the conduct of training workshops, Sub-Raciplent must provide a dopy of the course ratan is and sign-in shoats, ® The number of participants must bo a minimum of 15 in order to justlfy the cost of Molding a court, For questlons rayard'rng adequate number of participants pl s ..contact the FOEM State Training Officer for course specific g"idance, Unleez the b-Reolpieir receives advance wrftn approval from the State Training Officer for the number of participants;then the Uvislon v iti radircP_.tho:amount ottfhorl;zed for reimbursement on a pro-rota basis for any training with less than 15 participants. The.Sub-Reciplont must include wilfr the reimbursement package a sep rat copy of the pagett�)from the State(and County or Regional) MYTEP reflecting the training. E AItovvable Equipment Matod Costs (SHOP aad t A51) The'21 allowable prevention, protection, m tigatl in, response, and recovery equipment categories for HSGP are listed on the Authorized Equipment List(A EL),The AEL is available at Lr s:/_ lw^.ftzzma.onvlauthorged-ap�rir�ment-list. Some equipment items require prior approval fmm DH81FEMA,befzve ub%abon or purchase of the iterns. Please reference the grant notes for each equipment item to ensture prior approval is.not req ulmd or to enswe prior approval is.obtained if n eessary,.rainless of.herwise stated,ill equipment imuat meet all Mandatory regulatory andlar DHSIFEMA-adapted tarrdard to be eligible for purchase using these fund: In addltlon, recipients will be responsible for obtajning and maintaining all osdif'ic tions and licenses for the requested equipment. 47 i Grant funds may be used for the procurement of medical countermeasures, Procurement of medical countermeasures must be conducted in collaboration with Statelcityllocal health departments who administer Federal funds from HHS for thls purpose, Procurement must have a sound threat-based justifioatlen 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 supplies duo to coinciding purchase and expiration bates, Grantees are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must Include a budget for the dtspossl of expired drugs within each fiscal year's period of perforrranaa for HSGP.The cost of disposal cannot be carrled over to another FEMA grant or grant period. The equipment, goods, and supplies("the eligible equipment")purchased with funds provlded under this agreement are for the purposes specified In"Florida's Domestic Security Strategy Equipment purchased with these funds wilt be utilized In the event of emergencies, including, but not limited to,terro0sm-reAted 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 tr be available for use at a fixed location within two(2)hours of a request for said deployment, The Fiorlda Division of Emergency Management(FDEM) must approve any purchases of equipment not itemized in a project's approved budget in advance of the purchase, The Sub-Recipient will, In accordance with the statewide mutual afd agreement or other emergency response purpose as specified in the"Florida Domestic Security Strategy,"ensure that all equipment purchased with these funds Is used to respond to any and all Incidents within its regional response area as appileable for so Fong as this Agreement remains in effect, Prior to requesting a response,tie FOEM will tame prudent and appropriate action to determine that the level or intensity of the incident fs such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. Allowable Equipment(OPSG} OPSG equipment is intended to be incidental to the enhanced border security operations being performed. The grant is not intended to be used to outfit or supply general equipment to 8LTT law enforcement agencies, Equipment must be relatable to and justified by the operational benefit It will provide. a Equipment Marling, Because equipment purchased with OPSG funding is intended to be used to support OPSG activities, It may be appropriately marked to ensure U.ready identification and primary use for that purpose. When practicable, any equipment purchased with OPSG funding should be prominently marked as follows; "Purchased with DHS funds for Operation Stonegarden Use" a Not Cost and/or Mileage Reimbursement,There is no cap for reimbursement of fuel and mileage costs In support of operational activities. e Vshlc{e and Equipment Acquisition,Including Leasing and Rentals:Allowable purchases under OPSG include patrol vehicles and other mission-specific equipment 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, a Madicai Emergency Countermeasures,Allowable purchases under OPSG Inaluda narcotic antagonist pharmaceuticals,detection and identification equipment, safe storage and transportation, personnel protective equipment,and Initial equipment training, as will be reflected in the AEI,and explained in IB 438, 48 i F. Unallowable Casts(HSAP, UASI and OPSG) w per FEMA policy,the purchase of weapons and weapons acoessories,inc{tiding ammunition, Is not allowed with HSCP funds. a Grant funds may not be used for the purchase of equipment not approved by❑HSiFEMA, Grant funds must comply with IS 426 and may not be used for the purchase of the following equipment: tirearms;ammunition; grenade launchers; bayonets;or weaponixed aircraft, vessels, or vehicles of any kind with weapons Installed, a Unauthorized exercise-related costs Include; ❑ Reimbursement 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). o Equipment that is purchased for permanent Installation and/or use,beyond the scope of the conclusion of the exercise(e.g., electronic messaging sign). G. Regional Border Projects (OPSO) Subreciplents are encouraged to prioritize the acquisition and development of reglonai projects on the borders to maximize and wordinabon capa4lWes among federal agencies and with state, local, and tribal law enforcement partners, Such reglonal projects include: e communtoations equipment: Radio systems and repeaters o Integration with regional intelligence and information sharing effort(i.e.fusion centers) o tntelligente analysts e Situational Awareness equipment: o 1-tense Plate Reader Networks o Vizuat detectlon and surveillance systems o Sensor Systems o radar Systems(for air and/or marine incursions) o Aircraft systems(manned or unmanned) H. Critical Emergency Supplies(SHSP and iJASI) Critical emergency supplles, such as shelf stable products,water, and medical equipment and supplies are an allowable expense under SHSP and UASI. Prior to the allocation of grant funds for stockpiling purposes, each state must have DHSIFEMA's approval of a five�year viable inventory management plan,which should include a distribution strategy and related sustainment costs i#planned grant expenditure Is over$100,000,00, If grant expenditures exceed the minimum threshold, the five-year inventory management plan will be developed by the reoiplent and monitored by FEMA. FEMA will provide program oversight and technical assistance as it relates to the purchase of critical tmeMsnoy supplies under UASi. FEMA will establish guidelines and requirements for the purchase of these supplies under UASI and monitordevelopment and status ofthe state's inventory management plan. 1, Construction and Renovation(SHSP and UASI) Project construction using SHSP and UASI funds may oat sxcaed the greater of$1,040,DOO or 16%of the grant award. For the purposes of the limitations on funding levels,communieetions towers are rot considered construction, Written approval must be provided by DHSIFE=MA 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, orchhectural plans, and any other locally required planning permits.Additionally, recipients ore required to submit a SF-424C form with budget detail citing the project costs. 49 i Recipiehts using funds for oanstruction projects must comply with the Davis-pacon Act(codified as amended at 40 U.S.C. § 3141 et seq•), Recipients mmrt ensure that their contractors or subcontmaors for constrtrctien proj6ctW pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a oharacter like the contract work 10 the civil subdMv ion of the State in which the wcrk is tote performed...Additional information regarding compliance with the Davis-Bacon Act, including Department of Labor(UOL)wage doterminatiom le avaltable online O-Yccz ttartsldbr _Lf r2. S. Cotrirrmimications Towers When applylrieg for funds to construct communication towers, subreciple€is must submit evidence That the Federal Commanicadon Commission's Section 106 of the tNatlonal Historic preservation Act, Pub. L. No.$9-065, as amended, review process has been completed, K Disposition When origin at or repiacemont Oquipmer€t acquired under a Federal award is no longer needed for the original project or program or for rather o0vitles currently cc previous4y suppmtsd by a Federal awarding agency, exceptas otherwise provided in Federal statutes, regulations, or Fedeml awarding agency disposition instructions,the SW-Rerdpi nt must request rlispoeMon.iinstructions from R)EM Office of Domestic Preparedness And M(� State Adrninl frative Agency will request deposition lrrstructions from Federal Awarding agency as required by the tent a0d Wnditiona of the Federal award. The Sub-Roodpiant shall notify the FDEM Office of Domestic Pfeparadness at; 2556 5humard Oak Blvd.,Tall ha5aee,Florida 323q one S1)year in advance of the expirabor of the equipment's posted shelf-Vfe or normal life expectancy or when It has bean expended. The Sub-Reciplent shall ,notify the FDUM lm edi tefy if the equip eM is 0stroyed,'lost,.or stolprr. L. Requirements for Smait Unmr ad Alferaft System �SHS ,'UASi, and OPSG) All requests to purchase Small U..rtmanned Aircraft.Systern (SUAS)with FEFMA grant funding mint comply with(6 426 and IS 438 and indutle a deso iption of the policies and procedures in place to safeguard indlvdd ls'privacy, oivfl rights,and civil hbortias of the Jurisdiction that will purchase, take title to w otherwise umthe SUAS miiipfnent. M. Acqui%Mon and Use,DI Technology td M10yate UAS lGoo terRuAr ) Prior to the testing, acquisition,installation,.or use of t,IAS detection and/car mWqation system, enCtias should zaak the advice.of counsel experienced with tenth federal and state criminal, surveillance, w1d cornrmudIcat€ens laws.Subrecipfents should conduct their owry legal and t chnlcai analysis of each UA8 detection and/or m;tdgation system and should not rely solely on vendors'representations of the systems' legality or functionality. For fLether infbrr eVon plea8e Dee the D S press release on ttlis topic;�=llwr�w.dhs. � mews 2Q 8 17 intern trues adviso us -feclinca. �,tcf-arrd- i I e- r:r� rir�edwlrcraff. N. Firs filet FlrstNet. r'ovides public-safety entities with rnr sslon-crifical bro dbond data capabilities and services including,but not limited to mwt aging, image sharing,video streaming,group text, voice,data storage, application,location.-based services, and Ounlity of Service,Priority, and Preemption• Public salty entities seeklrig to anhanro.their operational oapabi#idles using. broadband technology racy sedk grant funding from appropri to programs to support the following: Planning for intergratien of information technology(IT) infrastructure, software, and site upgrades necessary to connect to FlrextNet ® hfandhold broadband devices including sm rtphones, feature phones, tablets, wearables, push-tot tk(PTA')devices a !vehicle-mounted or othorMso field operated data devices,such as ruggedized laptops * Network access devlcei�,inctudtng ppytabie Wi-Fi de ions, Universal Serial Bus(USB) moderns/dongles,trunk-mounted rnodams, routers 0 0 Customer-Owned and Managed(CORM) broadband deployable equipment, enabling public safety to own and dispatoh coverage expansion or capacity enhancement equipment within their juris d ictlon 0 Broadband dovire aGoessuries that enablaafficient ond safe public safety operations such as heaftets,belt clips, earpieces, remote Sluetooth 3ensom, ruggodiz-ad cases a 8-Ubscriber Identification Modules(SWs)/Univorsal irdegratod Circuit Cards(UICGa)to at(QW Public,Safety seem to lipdateaAsVing devices to operate on public safety prioritized services 0 One-fte pUrchase and s u scrtptbft-bated applications for puibft safety use which could Include, among several other options, enterprise mobility management(EMM), mobile device management(MDM),mobile Virtual Private Network(VPN), Wentsty services, or cloud serwoe tools Sub-Rm plonts must be coordinated with the Statewide lnteroporabiI4 Coordinator(Wc)and FiratNet on the planning, deployment tirnellnes,and operational availability of Vie network. depbyment-withh)a specific state or territory and to ensure that projeol:doea not conflict with network plannino.effortr,and.compiles with all Technical requiremenrt9. FirstNet requires participating agencies to demonstraba asubsflflpton to public.Wety-phortized broadband services to purchase FirstNet:broadband devices or applications, FEMAInformallon Oulletin(113) #386 has been rescinded by prior NOFOs and remain%rescinded as the ta hnicai requirernents and nationwide network amhltecture has been d"eloped,and FivsfNet Is bpermtional: SU'Dreciplents, however, must coordinate with FirstNet in advance of any stratGglc asqkftffial of broedband LT -equipmentto erfetare that purchases adhere to aft applicable standards for public safety entities. 0, SAFECOM Emergency communk-ations systems and equipment mwst meet applicable.q6EgQD_M_ Qtu�i -pe. Scab-Recipients must be coordinated.with the SWO and the State Inleroperabi lity Governing Body (S*13)to Pmure interoperiabiRy and tongAef m,compatNMy. P, cyberseourity Sub-Redpients must kiss HSGP funds for cybefsecu rity project that support the security and functioning of critical inffastructum an d.core capabilities as they relate to terrorism preparedness and may sianuitaneously support enhanced preparedness for other hazards unrelated to acte,of terrorisr'n. 0. Law Enforcement Readiness(SHSP,UX911,and OPSO) OPSG grant funds moy be used to increase oiler tunas,materW,and technological roadiness of%LTT law eriforcernent agencies.The Delogation of lmmioretiort.AuthpOty,$ectlicri 287(Q)of the Immigration and Nationality Act(NA)program allows a state or local law enforcement entity to enter into a partnership with ICI , under a joint Maroorandum of Agreermnt(MOA),to receive delegated authority for immigration enforcement within their jurisdictions SHSP, UA81, or OPSG grant funds may be fequezted and may be approved on a ease-by-case basis for immigration Ofiforcament training in support..of ft border security mission. Raquests for trainlo.g will be evaluated.on a c8sp- by-caAe baat8 and can only 13�used for ire the section 287(g) program provided DY DHS/ICE. SHSP,.UASI,or OPSG Sub-k-oolplents with agreements under sactimi 287(g)of the Immigration and Nationality Act(8 U&C-§ 1357(#to roceWa delegated authority forimmigrabon enforcement wbin theIr jurisdictiors May abo be reimbursed for sooton 287(g)irolated operational activitlea with approval from FEMA on a case-by-cgse tea-5is.For OPSG, Sub-Redp�entz must be authorized by JSBP Headquarters and Sectors, and operational activities must be coordinated through a US BP Sector, R, Maintenance and Sustainment(SKSP,UASI,and OPSG) The use of OH&FEMA Wsparedness grant funds for maintenarce contracts,warranties, repair or replacement costs, upgrades, and user fees are allowable, as described in FEMA Policy FP Z05-402- 126-1 under all active and Mum grant zwardz,uniou otherwiso noted.Except for maintenance plans 51 i i or extended warranties purchased incidental to the vriglnal purchase of the equipment,the period covered by maintenance or warranty plan must not exceed the POP of the speclflo grant funds used to purchase the plan or warranty. Great funds are intended to support the Goal by funding projects that build sod sustain the core capabilities necessary to prevent, protect against,mitigate the effects of,respond to,ar4d recover from those threats that pose the greatest risk to the security of the Nation. In order to provide recipients the ability to meet this objective,the pe#icy set forth In FEMA`s IB 379, Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DH5/FlEMA Grant Punding, initially for FY 2007.2-01•l,allows for the expansion of ellgUe malnteriance and sustainment costs which roust be in(f)direct support of existing capablllties; (2)must be an otherwise allowable expenditure under the applicable grant program; (a)be tied to one of the core capabilities In the five mission areas contained within the Goal,and(4)shareable through the Emergency Management Assistance Compact.Additionally, eligible costs may also be to support of equipment,training,and critical resources that#rave previously beeri purchased wish aither Federal grant or any other source of funding other than DH51FEMA preparedness grant program dollars, 5, Management and Administration (M&A)(HSGP& UASI) Management and administration(M&A)activities are those directly relating to the management and administration 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 foe M&A costs. Allowable M&A activities include: Hiring of full-time or part-time staff or contractors/consultants: o To assist with the management of the respective grant program. n To assist with app4oation requirements a To assist with compliance reporting and data collection requ€rementa, Management and Adrninlstration (M&A)(OPSG) Management and administration (WA)activities are those directly relating to the management and administration of OPGG funds, such as financial management and monitoring. Recipients may retain up to 2.5% of the overall OPSG allocation prior to passing-through,funding to This Funding must be deducted In an equal percentage from each Sub-Recipient. Sub-Recipients and friendly forces may retain funding for M&A purposes;hcswevar,the total amount retained cannot exceed 5 percent of the Sub-Reciplent's subawnrd. Friendly forces are local law enforcement entifies that are subordinate Sub-Recipients Under 01PSG. in other words,friendly forces are entitles that receive a subaward from a Sub-Recipiert under the OPSG program.Friendly forces must comply with all requirements of Sub-Recipients under 2 C.F.R. Part 200. 7. Procurement All procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards arliculeted in, • 2 C.F.R. Fart 200; * Chapter 287, Florida Statues;and, 5ubreciplerifs local procurement policy. To the extent that one standard is more stringent than another,the Sub-Reciplent must follow the more stringent standard. For example, if a State statute irnpesys a stricter requirement than a Federal regulation,then the Sub-Heolplent must adhere to the requirements of the State statute, 52 i "rho Division Shall pre-approve ail scopes of work for projects funded under this agreement. Additionally,the Sub-iRecipient shall not execute a piggy-hack contract unless their local written policy allows for piggybacking, and the division has approved the;scope of Work conta'sned to the original contract that farms the basis for the piggy-back contract. Also, in order to receive reimbursement from the Division, the Sub-Recipient must provide the Division with a suspension and daborment fora far each vendor that performed work under the agreement. furthermore, if requested by the Division, the Sub-Recipient shall provide copies of solicitation documents including responses and justification of vendor selection. Contracts may include: State Term Contract.A State Term Contract is a contract that is competitively procured by the ❑ivis€on of State Purchasing for seiected products and services for use by agencies and eligible users. Florida agencies and eligible users may use a request for quote to obtain written pricing or services information from a"a term contact vendor for commodities ar contractual services available an a state term contract from that vendor. Use of state term contracts is mandatory for Florida agencies in accordance with section 287,056, Florida Statutes. Alternate Contract Source:An Alternate Contract Source is a contract let by a federal, state, or local government that has been approved by the Uepartmeri 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 rlorida agencies for purchases,without the requirement of compatitive procurarnent.Alternate contract sources are authorized by subsection 287A42(16), Florida Statutes, as implemented by Rule 60A.1.045, Florida Administrative Code, General Services Administration achedutas.The General Services Administration(GSA) Is an independent agency of the United States Government.States,tribes,and local governmwis, and any instrumentality thereof(such as local education agencies or institutions of higher education) may participate in the GSA Cooperative Purchasing Program.).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 plggybackfng. The ability to piggyback onto an existing contract is not unlimited, The Subrecipient'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 w th the vendor's consoant. The terms and conditlons of the new contmof, including the Scope of Work,must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in scope or volume of goads or services. An agency may not use the preexisting contract merely as a "basis to begirt negotiations"for a broader or materially different contract, Section 215.971, Florida Statutes Statutory changes enacted by the Legislature impose additional requirements on grant and Sub- Recipient agreements funded with Federal or State financial assistance. in pertinent part,Section 215.a71�i)states: An agency agreement that provides state financial assistance to a recipient of Sub-Recipient, as those terms are defined in s. 215.97, or that provides federal financial assistance to a Sub- Recipient, as defined by applicable United States Office of Management and Budget circulars, must include all of the following; • A provision specsfyincg a Scapa of Work that clearly establishes the tasks teat the Recipient or Sub-Reclplant is required to perform. 53 i i A provision dividing the agreement into quantifiable units of daliverables that roust be received and accepted in writing by the agency before payment. Each deliverable must:be directly related to tha Scope of Work and specify the required minimum level of service to ire performed and the criteria for evaluating the successful cornpletion of each deiiverable, A provision specifying the ffnanctai consequences that apply if the Recipient or Sub-Recipient falls to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if t'inanOW cormequenees are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub- Recipient for failure to perform as required under the agreement may be expended ority in direct support of the program from which the agreement originated. * A provision specifying that a Redplent or Sub-Recipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred daring the specified agreement period. * A provision specifying that;any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. * A provision specifying that any funds paid in excess of the amount tc which the Reclp+ent or Sub-Recipient is entitled under the terms and oonditions of the agreement must be refunded to the state agency. * Any additional information required pursuant to s. 216,97. V. Unique Entity identifler and System for Award Management(SAM) Sub-Recipients for this award must: + Be registered in SAM; * Provide a valid DUNS number;and * Continua to maintain an acWa SAM registration with current information at all times during which it has an active federal award. W. Reporting Requirernertts 1. Ctuarterly Prograrnmatic Reporting: The Quarterly Programmatic Report Is due within thirty(30}days after the and of the reporting periods(March 31,June 30, September 34, and O�acamber 31)for the lyre of this contract. * V a reports)is delintiuent,future financial reimbursements will be withheld until the Sub-Recipient's reporting is current, If a report goes three(3)consecutivs quarters from date of execution without,the Sub-Recipient reflecting any activity andlor expenditures it will result in the issuance of a noncompliance letter, and a written Justification must then be provided. ❑ Based on the SAA's determination,the Sub-recipient will have 30 days to submit a letter of appeal to the SAA/HSA. o Subreclplents watt only be attowed one oppoAunity to appeal, o If the appeal is denied, or if there is no response to the notificatlon of noncompliance, the Sub-reolplent's funds will be terminated. • if o report goes four(4)consecutive quarters from data of execution without the Sub- Redpient reflecting any activity and/or expenditures it will result in termination of the agreement, 54 12--firm Pqr;iDd e Lprt dueto FDEM no later than January I A ril I Lhrough Juno 30 _ a4t. 1 throeh Se tember 30 cctaher 31 "It 2. Progrimmatic Reporting-)Biannual Strategic implementation Report(881R) After tine end of each mpodng period,for the ire of the oontraot unfes5 directed otherwIse, the SAA,wilt complete the Blannusi Strategic Implementation Report.in the Grants Reporting T Dot (GRT) gby. The reporting periods are January I-June 30 and July I[Mecembar 31.-5-Wu entry is aohe-dWod for Decomber 1 and june I respecflvaly- Future awards and reimbursement may be withh-aid If these reports aredeftnquent. 3. Reirnbursament Reque'ats" A request for roiMbursernent-may he sent to your.grant manager for review end appf9vW at ariy time during the canbact period. Reimbiagernants must be requested,w1hin ninety(90) calendar daV.9 of expendIturo of ftnds,and qLwAzoy at a minimurow Failure to submit roqumffor roirnburgement within ninety(90.y calendar days of expenditure shall rarwk in dent of reiimbursemenl. The Sub-Redpient.shouldinclude the category's owasponding lirie item number in the"Detail of Ctek forM. This number can be found in the"PropoaadProgram. Rudget'. �line item number ls.fo be included for every dollar amount listed M.Vie'QetiE of form. 4. Close-auk Prrog ram matic Reporting., Thlu Close-out Report is due to the Florida Division of Ernergency Managamertt no fat than sixty (60)calendar days after the agreement Is 0her ockmpleod or ft agreernert has expired 6, Administrative Closeout An administrative c1mout may be conducted when-a ipiznt W4 not Terponlive to the Division's reasonable Worts to.colle�t required reports, forms, or other documentation needed to Gamplet'a the.standard a"rd andjor closeout process, FDEM will make three written efternpt*to collect required Information before iriffating an admNetrative 010%gout..If an award'a adrnlnlstrafivejy dosed, FDEM may.decide to impose remedles for noncompiJanca per 2 C.RR. §200.338, mnsidw this irAwmation In reviewing futwe award applications, or apply special..conditions to existing or future awards. X. Period at Pofformante tPOP)rNtenslons Extensions to the period of performance identified In the agmementwe aWwable and Gr limited circumstgroasand will only be cQnsiderod through fora al,written requests to the SA& Ali extension requests must co)ntaio specific and compelling justifications as to why an extonalon is required, aW must addread the foflowipg: 1.Tt�e grant prograrn,t,.teal year,and.agreement number,, 2. Reasion for the de fay—including details of the legal, pUqp,of oporatiarW challenges that prevent the final expenditure of awarded funds by the deadHne; 3,cure nt statur,of proj"t a0flVity" 4, Requested POP terminatIO date and new praject completion date-, 5,Amount of funds reimbursed to date; 55 I I a. Remaining sva0abie iuv edv, 7, Budget outtinirg how the rernalning funds will be expwdad; 8. Plan for completion, Including milestones and tlmeframes for achieving each Weetone and the position or person responalble 1br impfementing the plan for completion;and 9. Certification that the activitV(lez)will be completed within the extended POP without any modification to the original statement of work,as descrlbed in the investment}ustification and as approved by FEMA, extension requests are typically granted.for no more than a six-month period, and will be granted only due to compelling legal,policy,or operational challenges. Extension requests will only be coneidered for the following reasons; o Contractual commitments by the recipient or subrecipfent with vendors prevent completion of the pro)ect within the existing l OR, The project must undergo a complex environmental review that cannot be completed within the existing POP; • Projects are long-term by design, and therefore acceferatlon would compromise core programmatic goals; or Where other spatial or extenuating circumstances exist. Y. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Chanda Jw)kins Amy Garman FIDEM FDEM 2555 Shumard Oak Blvd. 2565 Shumard Oak Blvd. Tallahassee,FL.3239M-2100 Tallahassee, FL.323 99-2 1 00 (85a)815-4342 (850)81 5-4356 Chanda,Jerikins em,rn lorida.cam Am .Garmon am.m flarida.cam Z. Contractual Responsika1115as • The FIDEM shall determine eligibility of projects and approve changes in Scope of Mrk. • The FIDEM stall administer the financial processes. AA. Failure to Comply s Fallure to comply with any at the provislovw Di. lined above shall result In disallowance of reimbursement for expenditures. 56 it ATTACHMENT C DELIVERABLE AND PERFORMANCE State Homeland Ractirity Progrgm(KSGP)*HSGP supports the implemantation of risk driven,- espabilities-b8sW State Homeland Security Strategies to address,capabWty targets set h Uf ban Area, Stag, and regional Threat Mid Hazard IderiFfication and disk Assessments (TH IRAs). The pability levels are asses d in the Sinte Pmparednass Report(8PR) and intorm planning,organizatlorl, equipment,training, and exerciso needs to prevent,protect against,midgets, respond to,and recover from acts of terrorism and rather catastrophic events. planning Deliverabia,Subject to the hAndfing limitations of this Agreemont,the Oivisioil shall f6imWfsa the Sub--Recipient for the actual cost of succo"fully completing Plprolng activities con,5istont with the guidelines conta(nod in the Pionning Guide GPQ 101 v.2. For additional information, please or W8"t guidavic;�(Notoe of Funding..Dppo urtit# For the purposes of this Agreement, any planning aoti0y such as those associated With the Threat and Hazarci sdentffication and Fish Analysis(7HIRA), State Preparedness Report(SPH), and other planning activities thM support the Natioral Preparedries&:Gool(NPO)wid ptacea"emphasis on updating:.and maintaining k current Fmetenq Operations Plan (EOP)are 611gible. The rub-Raoiplont can successfully comp(ote a pl�nnirlg activity lthar by or eating or updarmq such pfan(s). Organization Deliverable.- Subject to the funding limitations of thig Agreement, the Division shall reimburse the Sub-Recipient for the actual qligit)ie costs for Pamonnel, Intelligence Analysts,Overtme, and Operatione!OverVme. Exorcise Dellvarame" Subject to the.futjd.kig this Agrearoant, the Divislon shall reimburse the Sub-Recipiont for the ad,ual'ccst of successfully completing an exercise Which meets the Diapaqmeat of Hcm)alandSecurity Homeland Security Exerclse and Evaluation Program.(HSEEP)standards and is listed in A)the State of Florida Mult-Year Training�,ExevO4�%Man(MYTE ),and B)County or Regronvi TEP:for ft region in which the gubReclplent is geographically lacated. inforrnntfon related toTEP%acid HSr--EP compliance tan`ba found online at:Walffw—w—wjl.is—d—ha,-qc—v/—hA-epp. For the purposes of this Agmement,any exerelse which is c6mpllant w th HSEEV standards and tortalned)n the State of Florida MYTEP qual fts as or authorized exerclse. The Sub-Recipient can successfully complete on authorized exem' se eithet by attending or conducting tha. exercise . Train Ing Deliverable.- Subject to the funding Limitations of Otis Agreement,the Division shall reimh ume the Sub-Recip6ntfior th-e actual cost of successfully competing a training course listed on the Department of Homeland Security(Diiq)approved course catalog, For mn-IMS approved courser.the $ub-Recfpient shall obtain advance FDEM approval using the Nor--rFD form by contactfrig Meir grant danli mgjig y(. -r or:tho purm pa of this Agreement, any training course listed on the DHS approved course catsiog rrgali4i as an authorized course. The Sub-Reclpiant can�=Gessfutly complele an authorized course either by attending.or conduct(liq that=uree' rSquipmont 0a liver abiw Subject to the funding lirnititions of this Agreem6rd, the Division.shall reimburse the Sub-Recipient for th actual post of purchaslng an item identified in the approved project funding template and budget of this agreemnt and lislad on.the QH8 A4ftdzed Equipment List�AEL), For the purposes of this Agreement, any itern fisted on the AEL qualifies as an authorized item. The 21 allowable provenfion,protect on, mitlgetion, mzponee,mnd fecovery equipment categories and equipment standards for HSGP are listed on the web-leased version of the Authorized EqVipment list(AEL)on ft Lessons Lesirried Information System at uJ�e�nt-fls , In addition, agencies will.be responsibie for ale WNnigand maintaining all necessary aertificat[ons and licenses for the requested QqUipment 57 ti i Management Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-Recipient for the actual cost for Management and Administration(M&A)activities, Costs for allowable items will be reimbursed if Incurred and completed within the period of perfor►nance, in accordance with the Budget and Scope of Work,Attachments A and B of this agreement. 58 i ATTACHMENT D Program Statutes and Regulatlons 1) Age Discriminatlon Act of 1,975 42 U.S,C.§6101 of seq. 2) Americans with Disabilities Act of 1990 42 U,S.C. §12101-12213 3) Chapter 473,Florida Statutes 4) Chapter 215,Florida�gjutes 6) Chapter 252,Floridl St tit 6) Title VI of the Civil Rights Act of 1964 42 U.S.G. §2000 et seq. 7) Title VI It of the C1W Rights Acts of 1968 42 U.S,C. §3001 at seq. 8) Copyright notice 17 U.S.G. §§401 or402 9) Aseurances,A,dm(Ostmt'sys Rsq&ements, Cost Principles, Representations and Certifications 2 C,F,R, Part 2t30 10) Debarment and Suspenskm Executive orders 12549 and 12689 11) Drug Free Workplace Act of 1988 41 t1,S.C. §701 at seq. 12) Duplication of Benefits 2 C,F.R Part 200, Subpart E 13) Energy Policy and Conservation Act 42 U.S,C, §6201 14) Fafse C4aims Act and Program Fraud 010 Remedies 31 U.S,C. §37294733 also 31 U.S,C. § 3801-3812 15) F~y 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 V) Lobbying Prohibitions 31 U.S.C, § 1362 18) Patents and Intellectual Property Rights 35 U.S,C.§200 at seq, 19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20) Terrorist Financing Executive Order 13224 21) Tif1e 1X of the Education Amendments of 1972(Equal Opportunity in Education Act)20 U S.C. § 1681 et seq. 22) Trafficking Victims Protection Act of 2000 22 U.S.C,§7104 23) Rehabilitation Act of 1973 Section 504,29 U,S.C.§794 24) USA Patriot Act of 2001 18 U,S,C. § 175.172c 26) Whistleblower Protection Act 10 U,S.C.§2409,41 US,C.§4712,and 10 U,S.C.§2324,41 U.S.C. §4304 and§4310 26) 53 Federal Register 8034 27) Buie Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Cods 59 I I ATTACHIiftENT I= JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: if you are requesting an advance, Indicate same by checking the box below, ADVANCE 119QUESTED — —_ Advance payment of$ _ __is requested., Balance of payments wiSl he made on areinibursem=tbasis, These finds am needed to pay staff,award ba-aefzts to clients,dupheate forms andpurcha3e start-up supplies and cquiprrient. We would not be able to operate the program wltm%this advance, if you are requesting an advance,corn plate the following chart and line Item justification below, gST1MATED(EXPENSES BUDGET CATEGORYILINE ITEMS Fiscal Year 2021 Anticipated Expenditures for gist,applicable Ilne Items) First Three Months of Contract MIUMMI ADMINISTRATIVE COSTS, Far exa,�plo PROGRAM EXPENSES: tOTAL EXPEWSES; LiNg ITEM JU TjLagAr_10N (For each fine item,provide a detailed justificadon 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 term. Support documentation should Include,but is not limited to the following: quotes for purchases, delivery timallnes,salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(001 days of the contract terror. Any advance funds not expended wlthln the first ninety(00)days of the contract term shall be returned to the 131vi%lon Cashier,2556 Shumard Oak Boulevard,Tallahassee,Florida 32399,within thlrty(30)clays of receipt,along with any Intarest earned on the advance] "REQUESTS FOR APIZANCE PAYMENTS WILL BE CONSIDERED ON CASE B Y CASE BASIS" signature of Sub-Recipient Date: Name and Title of Sub-Recipient 60 l I I i ATTACHMENT F WARRANTIES AND REPRESENTATIONS Fin�dial Manaa�meat The Sub-Recipient's financial management system must comply with 2 C,F.R,§200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D---Post Federal Award Requirements- Procurement Standards(2 C.F.R. §§200,319 through 200.327). jA1rg§Ljj2urs The Sub-Recipient shall have its offices open for business,with the entrance door open to the public, and at least one employee on site, from: ondav,to Friday 8,00arn io_j,t)U rn a cteding holida�+s Licensing and Permitting All subcontractors or employees hared by the Sub-Recipient shall have all current licenses and permits required for the particular work for which they are hired by the Sub-Recipient, 61. A"i'TACHM; W G CERTIFICATION R9GARDING DEBARMENT,SUSPERMON,INELMILITY AND VOLUNTARY EXCLUSION Subcontractor Covered Transactions The prospective subcontractor, of the Sub-Reclplant certifies, by submission of this document, that neither It, its principals, nor Its affiliates are Presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disquatE and from p"kipatbon M this transaction by any Federal department or vgenoy, SUB-CONTRACTOR: By Signature Sul,-Recipient's Name Name and Title FOEM Contract Number Street Address DKS Grant Award Number CWY, State,Zip Date 62 ATTACHMENT H STATEMENT OF ASSURANCES All of the Instructions,guidance,hmEtatbns,and other conditions set forth in the Notice of Funding Opportunity(NDFO)for this program are incorporated here by reference to the terms and conditions of your award. All Sub-Recipienta must comply with any such requirements set forth in the program NQF0, All Sub-Recipients who receive awards made under programs that,prohibit supplanting 17y law must ensure that Federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-Fedwai sources, All Sub-Recipients must acknowledge their use of federal funding when issuing statements,press releases,requests for proposals,bid Invitations,and other documents describing projects or programs funded in whole or in part with Federal funds. Any cast allocable to a particular Federal award provided for in 2 C.F.R. Bart 200, Subpart E may not be charged to other Fede rat awards to overtone fund defficiencies,to avoid restrictions imposed by Federal statutes, regulations,or terms and conditions of the Federal ewards,or for other reasons. However,this prohibition would not preclude a Sub-Reciplent from shifting casts that are allowable under two or more Federal awards in accordance Wth existing Federal staUes, regulations, or the terms and conditions of the Federal award. Sub-Recipients are required to comply with the requirements set earth in the government-wide Award Term regarding the System for Award Management and Wversal Identifier Requirements located at 2 C.F.R, Part 25,Appendix A,, the full text of which incorporated here by reference in the terms and conditions of your award. All Sub-Recipients must acknowledge and agree to comply with applicable provisions gaverring DHS access to records,accounts, documents, information,facilities, and staff. 1. Sub-Reclpient must cooperate with any compflance review or complient investigation conducted by the State Administrative Agency or GINS, 2, Sub-Ruclplent will give the State Administrative Agency, DHS or through any auftrized representative, access to and the right to examine and copy, records,accounts, and other documents and sources of I»forrnation related to the federal financial assistance award and permit access to facliitles, personnel,and otter Individuals and information as may be necessary, as required by QHS regulations and other applicable laws or program guidan e. 3. Sub-recipient must submit timely,complete,and eocurate reports to the I"DEM and maintain appropriate backup daounnentation to support the reports, Sub-Recipients must also comply with ail other special reporting,data collection and evaluatlon requirements, as prescribed by law or detailed in program guidance. 4. Sub-Reclplent will acknowledge their use of federal funding when issuing statements, press releases, requests for proposals,bid invitations, and other documents describing projects or programs funded In whole or in part with Federal funds. 5, Sub-Reclpient who receives awards made under programs that provide emergency communications equipment and Its related activities muat comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure at►,d enhance interoperabla communications, 5. When original or replacement equipment acquired under this award by the Sub-IRecipient Is no ionger needed for the original project or program or for other activities currently or previously C�"a i supported by DHSIFFMA, you must request instructions from FDEM to make proper disposition of the equlpment}pursuant to 2 C.F.R. Section 200,313. 7. QH8/FEMA funded activities that may require an EHP review are subject to Fl"MA's Environmental Planning and Historic Preservation(I<HP)review process.This review does not address all federal, state,and local regWrement%Acceptance of federal funding requires recipient to comply with all federal, state, and local laws, Faliure to obtain all appropriate federal, state,and local environmental permits and clearances may jeopardize federal funding, If ground disturbing activities augur during construction,appkent will monitor ground disturbance, and if any potential archeological resources ore discovered,applicant will irnmedlately cease work in that area and notify the pass-through entity, if spplicable,and OHSIFEMA_ 8. Sub-Reclplent will comply with the applicable provisions of the fallowing laws and policies prohibiting discrWriatiow a. Title VI of the Civil Rights Act of 1964, as amended,which prohibits discrimination based on race,color,or naticnW origin(including limited English proficiency). b. Section 504 of the Rehabifitation Act of 1973,as amended,which prohibits discrimination based on disabillty, c, Title IX of the'Educatlon Amendments Act of 1972, as amended,which prohibits discrimination based an sex in education programs or activities, d. Age Dl9crlmination Act of 1975,which prohibits discrimination based on age. e. U.S. Department of Homeland Security regulation 6 O.F.R, Part 19,which prohibits discrimination based on religion In socini sarvice programs. 64 i ATTACHMENT MANDATORY CONTRACT PROVISIONS I Provlslonw Any contract or subcontract funded by this Agreement rnUst contains the applicable provisions outlined in Appendix Il to 2 C.F,R. Part 200. It is the responsibility 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, hart 200 that may be required:, Appendix 11 to Part 200--Contract Provisions for Non-Federal Entity Contracts Under Federal Awards in addition to other provlsfone required 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 fallowing, as appl"scabls. (A)Contracts for more than the simplified acquisition threshold,which Is the inflation,adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils)as authorized by 41 U.s.C. 1908, must address adminlstrativa, contractual, or legal remedies In instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B)AEI contracts in excess of$10,000 roust address termination for cause and for convenience by the non-Federal entity including the manrtar by which it will be affected and the basis for settlement, (C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all contracts that meet the definitEon of"federally assisted construction contract"In 41 CFR fart 60-1.3 must include the equal opportunity clause provided under 41 CFIR 90-1,4(b), In accordance with Executive Carder 11246,"Equal Vmployment Opportunity"(30 FR 12319, 12935, 3 CFR Part, 1964-1965 Camp., p. 339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CPR part 60, "Clffice of Federal Contract Compliance Programs, Equal Employment Oppertur%ky,Department of Labor." (D)Davis•Becon Act, as amended(40 U.S.C, 3141-3148). When required by Federal program legislation,all prime construction contracts In axcess of$,2,000 awarded by non-Federal entlties roust include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144,and 3146,3146) as supplemented by Department of Labor regulations(29 CPR Part 5, 'Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statuto,contractors must be requlred to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of LaWr, In addition, contractors must be required to pay wages not less than once a week.The non-Federal entity must place a copy of the currant prevailing wage determination issued by the Departmard of Labor in each solicitation.The 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(ckback' Act(40 U.S.C. 3145),as vupplemented by Department of Labor regulations(29 CPR Part 3, "Contractor's and Subcontractors on Pubiic 13uilding or Public Work Financed In Whole or in Part by Loans,or Grants from the United States"),The Act provides that each contractor or Sub-recipient must be prohibited from inducing, by any means, any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non. Federal entity must report all suspected or reported viotations 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 chat involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.0, %3702 and 3704, as 9 For example,the Davis-Bacon Act is not appllcable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however,sub- recipient may inciuda the provision in its subcontracts, 65 i i supplemented by 09partment of Labor regulations(29 CPR}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 per►n€ssible provided that the worker is compensated at a rate of not less than one and a half times the ball❑rate of pay for all hours worked in excess of 40 hours in the work week, The requirements of40 U.S.C, §3704 are appl'cabte to(=stfuctlon work and provide that no laborer or mechanic must be requ€red to work in wrroundings or under working conditions which are unsanitary,hazardous or dangerous,These requirements do not apply to the purchases of supplies or materlals or mticias ardinarlfy available on the open market, or contracts for transportation or transmission of intelllgence. (F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement° under 37 CFR§401.2(a)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 experimentai,developm©rtal,or research work under that"funding agreement,"the recipient or Sub-recipient must comply with the requirements of 37 CFR part 401, "flights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any lmplernenting regulations issued by the awarding agency. (G)Clean Air Act(42 U.S.C.§§7441-7$71q.)and the Federal Water Pollution Control Act(33 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 agres to comply witli ail applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.% 7401-7871q)and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).Violations must be reported to the Federai awarding agency and the Regional Offlce of the Environmental Protection Agency(EPA), (!-I)Debarment and Suspension(Executive Orders 12549 and 12889)—A contract award(see 2 CF:R§ 180.220) must not be made to parties hated on the Excluded Partles List;ystem in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CPR 180 that Implement Executive Drders 12549(3 CFR mart 1986 Comp., p. 180)and 12689(3 CFR Part 1989 Comp_,p.235),"Debarment and Suspension."The Excluded parties List System In SAM contains the narrres of parties debarred, Suspended, or otherwlee excludes{by agencies,as well as parties declared ineligible under statutory or regulatory authorty other than Executive Order 12549. (1)Byrd Anti-Lobbying Amendment(31 U,S,C. §1352)--Contractors that apply or bid for an award of$100,000 or more must fife 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 cr employee of any agency,a member of Congress, officer or employee of Congress,or an employee of a member of Congress to connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1362. Each tier must also disclose any lobbying wRh non-Federal funds that takes place in connection with obtaining any Federal arwafd. Such disefosures are forwarded from tier to tier up to the non-Federal award. (J) See§200,323 Procurement of recovered materials, (K)see§200 2110 Prohibition on certain telecommunication and video surveillance services or equipment. (L)See§200,322 Domestic preferences for procurements (Apj)enz&It to Part�00, Revised_Eff, 11/1212 02 0). Please note that the snob-reciplent alone is respom�lble for ensuring that all language included in its contracts meets the ro,gWrements ref 2 CF.R. §200.327 and 2 C.FA, Part.209, Appendix 11 66 ATTACHMENTJ FINANCIAL AND PROGRAM MONITORING GUIDELINES Floc}da has enhanced state and local capability and capacity to prevent,prepare and respond to terrorist threats since 1999 through various funding sources including Federal grant funds, The Florida DivMcn of Emergency Management(FiDEM)has a responsiblRy to track and monitor the status of grant acfivlty and Items purchased to ensure compliance with applicable Homeland Security Grant Program(HSGP)grant guidance and statutory regulations. The monitoring process Is designed to assess a Sub-Rsclplent agency's compliance with applicable state and federal guidelines. Monitoring Is accomplished utlllaing various methods Including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities-financial and programmatic monitoring. Financial monitoring primarily focuses on statutory and regulatory compliance vnith administrative grant requirements. It Involves the review of records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring seeks to validate aM assist in the cgrut progress,targeting issues that may be hindering project goals and ensuring compliance wlih 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. hLoriltorling Sft2t2njad JobedullnoN 1=ach year the FDEM will conduct monitoring based an a"Risk Assessment". The risk assessment tool is used to help in determining the priority of Sub-Recipients that should be reviewed and the level of monitoring that should be performed. It is Important to note that although a given grant may be closed, it is still subject to either desk or on-site monitoring for a five(5)year period following closure. Areagt v�ilt�e azamIno,i> Induct: Management and administrative procedures; o Grant Folder msintenance; o Equipment accountability and sup-hand receipt procedures; s Program for obsolescence; * Status of equipment purchases; s Status of training for purchased egOpme6i; s Status and number of response trainings conducted to include number trained; e Status and number of exerciew • Status of planning activity; Anticipated projected completion; r Difficulties encountered In completing projects; ® Agency NIMS11C5 compliance documentation; a Equal Employment Opportunity(EEO Status); s Procurement Policy FDEM may request additional monitoringlinforniation of the activity, or leak thereof,generates questions from the region,the sponsoring agency or FDEM leadership. The method of gathering this information will be determined on a caso-by•case basis_ Monitoring Activities: Desk reviews and site visits are two forms of monitoring.Desk monitoring is the review of projects, financial activity and technical assistance between FDEM and the applicant via e-mail and telephone. On-site monitoring are actual visits to the Sub-Recip€ent agencies by Division represertitativeg who examines records,procedures and equipment. 67 i i 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 tGchnIcat assistance(TA)andior a site visit if FDEM determines that a Sub-Recipient Is having difficulty completing their project, As are identified,the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant Sub-Recipiont agency name, year and project description and the nature of the issue in question. Many of the Issues that arise maybe resolved at the regional or sponsoring agency level, Issues that require further TA will be referred to FDEM for assistance, Examples of TA include but are not limited to; + Equipment selection or available vendors r Eligibility of items or services • Coordination and partnership with other agartcles within or outside the region or discipline . Record Keeping . Reporting Requirements + Documentation In support of a Request for Re4mbursernenl On-site monitoring will be conducted by FDEM or designated personnel. On-site monitoring visits w1l.be scheduled in advance w1h the Sub-Reciplent agency POC designated in the grant agreement. FUEM will also cmduct 000Ydinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist in the farm of a peer review as needed. Cyn-Slte Menaoft ProtQr�.aj On-site monitoring visits wlll begin with those grantees that are currently spending or have completed spending for that federal fiscal year(FF'Y), 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. SkVisit Preparation A letter will be sent to the Sub-Raciplent agency Point of Contact(POO)outlining the data,time and purposes of the site visit before the planned arrival date.The appointment should be confirmed with the grantee in writing (email is acceptable)and documented in the grantee folder. Tlie physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site vie it. on-,51te Ms-nitod!ig_]l sit Once FDEM personnel have arrived at the site,an orientation conference will be conducted, During this time,the purpose of the site visit and the items FDEM Intends to examine will be Idontifled,All objectives of the site visit will be explained during this time. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tourlvlsuallapot 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 lacatlon on each pace of equiprnent 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,W item). 68 i i if an item is not available(being used dining time of the site vislt), the appropriate documentation must be provided to account for that parffcular piece of equipment, Other programmatic issues can be discussed at this time,such as missing quarEafly reports,payment vouohodreimbursement, equipment, questions, etc. Eost Mo i rt isl FDEM personnel will review the On-alto monitoring worksheets 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 swat to the grardee explaining any issues and corrective sctlons 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 S0-Reclpient will submit a Corrective Actlon Flan within a timeframe as determined by FQEM. Noncompliance on behalf of sub-grantees is resolved lay management under the terms of the Sub-Grant Agreement. The On-site mcnitodng report and all back up documentatlon will then be included in the Sub- Recipient's fife, Mntsorintl Resr2ortsibliies_ofP_ass-thr E es Subreclplents who are pass-through entities are responsible for mwitoring their subrecipients in a mannor consistent witli the terms of the federal award at 2 C,iw.R. P*rt 200, including 2 CY.R, § 200MI. This includes the pass-through entity's responslbitity to monitor the activities of the subreeiptent as necoasery to ensura that the subaward Is used for authorized purposes, in compliance with federal statutes,regulations, and the terms and conditions of this subaward;and that subaward performance goals are achieved. Subreciplent responsibilities also include but are not limited to., accounting of receipts and expenditures,cash tnatlagernent,maintsining adequata financial records, reporting and refunding expenditures disallowed by audits, monitoring if*cling as a pass-through entity, other assessments and reviews,and ensuring vv�_arali comp3ance)Mih the terms and conditions of the award or subaward, as applicable, including the terms of 2 041=.R,Fart 2CO. 69 i ATTACHMENT K EHP GUIDELINES NVt ONMEN C I-PL.ARMING&HISTORIC PRES9WATION (RHP)COMPLIANCE GUIDELINES The following types of projects are to be submitted to F MA for compiiawe review under Federal Environmental Planning.and Kstoric Preservation(EHP)laws and requirements prior to initiation of the project: • New Construction, Installation and R"ovat4on, includiM but not iirniteO to, o Emergency Operation Centers o Security Guard faaftitles. o Equipment bu(Ad rigs(�tch.as these aceompnnying communication towers) o Waterside Structures(such as 0ck houses, piers,etc,) Placing a repeater and/or other equipment on an existing tower • Rencvatiw of wid modification to buiidings and structures that are 50 yeare,old or older 0 Any other construction or renovation efforts that change or expand the footprint of a facility or 13tructure inciu&iq security enhancements to improve perimeter security P Physical, ecurlty Enhancements,:including but not fimited to: * Lighting o Fencing a Closed-circuit television (CCTV)systems n Motion detection.systems o Barriers, doors,qaf s i3nd related security enttanc�rs�ersts In addition,.the erection of communications towers that are included in a jurisdiction's irlteropereble oommunicati,Qnz plan is NIDWSO., sub)edt to ail applic ble.laws, regulations, and licensing provisions. Corramunicatfon tower projects mint be ubmittod to FEMA for EHP review. ENP SCREENING FORM SUBMISSIQN 1, For projects requiring EH .review,the Sub-Ri�c`ipient must suljmit the EHP Screening)worm to the Stste AdmOfstra#ive Agency(SAA)for raviow prior to funds being expen od. The SAA.Point of Contact for EHP review is: Feilc'sa f'innock fur u f Pr§pa stic. ecirrify 2555. 3tus�ard.©ak_�3_o1�ie Ta1lal�assse. Florida23 -2100 e e h u: 850- 1 -4343 C' ficia.I•'irinc�ckCc�erri.�'�yl'loricta.c�m Il. The SAA IOC will forward EHP.Screening Forms to DHSIFEMA for review and approval. Ili. Sub-Raciplent's roust receive written approval from the 5AA prior tea the use of grant funds for prof t implomeMation. THE PROJECT MAY NOT BEGIN UNTIL FINAL F MA APPROVAL is RECEIVED, 7 ATTACHMENT L REIMBURSEMENT CHECKLIST ekaffiNINa 0 1. Does the amount billed by consultant add up correctly? El 2. Has all appropriate documentation to denote hours worked been properly signed? 3. Have copies of all planning materials and work product(e.g. meeting documents,copies of plans) been included? (Note - If a meeting was held by Sub-Recipient or contractor/consultant of Sub- ReOpient,an agenda and signup sheet with meeting date 4. Has the invoice from oonsultanticontractor been Included? (Note — grant agreement must be referenced on the Invoice.) 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(EFT)Confirmation Credit Card Statement&payment to credit card company for that statement 6. Has Attachment G (found within Agreement with FDEN) been completed for this contractor/consultant and Included In the reimbursement package? Z Has proof of purchase methodology been Included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment it further clarity Is needed. Sole Source(approved by FDEIVl for purchases exceeding$26,000) _State Contract(page showing contract#,price list) Competitive bld results(e,g.Quotewire,bid tabulatlon page) Cons lt�antatContractgra Mots.this anglies ter. contrartors_al�g.billed under Qrrranlastionl MAINI G 1. is the course UHS approved? 2. Is there a course or catalog number? 3. If not,has FIDEM approved the non-DHS training? 4. Have Sign-In Sheets, Rosters and Agenda been provided? 5. If billing for overtime and/or backfill, has documentation been provided that lists attendee names, department,#of hours spent at training,hourly rate and total amount paid to each attendee? Have documentatlon from entity's financial system been provided as proof attendees were Paid? For backfill, has a clear dellnontionlcross reference been provided showing who was backfllling who? 6. Have the names on the sign-In sheets been cross-referenced with the names of the irdividuals for whom training reimbursement costs are being sought? 7. Have any expenditures occurred in support of the training such as printing costs, costs related to administering the training, planning, scheduling, faciAles, materials and supplies, reproduction of materlats,and equipment? If so,receipts and proof of payment must be submitted. 71 i i Canceled cheok,hank statement or transaction history(Showing the transaction was processed by the bank) Electronic Funds Transfer(EFT)Confirmation -Credit Card Statement&payment to credit card company for that statement 7. Has proof of purchase methodology barn Included? Please see Form 5 of ReporUng Form$ or Purchasing Basics Aflachmentff NrMer clarify is needed. Soto Source(approved by F'17EM for purchases exceeding$25,g00) State Contract(page showing contract#,price list) Competitive bid results(e.g. Quotewire,hid tabulation page) F.1�RCLS� 1. Has documentation been provided on the purposelob]eotives of the exercise? _Sttuation Manua} Exercise Plan 2, If exercise has been conducted are the fallowing included: -After-action report .SigrAn$heats Agenda Rostars Q 3. if billing for overttme and baakfWp has a spreadsheet been provided that 1sts attendes names, department,#of hours spent at exercise,hourly rate and total paid to each attendee? Have dururnentatlon 4kom snilty's financial system bean provided to prove attendees wera paid? For h9okfi 1, has a clear delln sail onlcross reference bean provided showing who was backfllling wha7 4. Have the names on the sign-in sheets been cross-referenced with the names of the indtviduWs for whom exercise reimbursement costs are being sought? B. Have any expenditures occurred on supplies(e.g,,oapying paper,gloves,tape,etc)In support of the exercise? If so, receipts and proof of payment must be tnciuded. -Carrcaled check,bank statement or transaction history{Showing the transaction was processed by the bank) Electronic Funds Transfer(,EF7)Confirmation -Credit Card Statement&payment to credit card company far that atatemaot 6. Has any expenditurrea occurred'on rental' of spaceliccations for exercises planning and conduct, oxerclso signs,badges,eto,7 If so, rewlpta and proof of payment must be Included, Canceled check,bank statement or transaction history(Showing the transaction was processed by the bank) Electronic Funds Transfer(EFT)Confirmation Cyedtt Card Statement&payment to credit card aompony for that statement 7, bias proof of purchase methodology been Included? Please see Form 5 of Ropottinq Farms or Purchasing Basics Attachment if hrrthar claMy is needed. Sole source(approved by FDEM for purchases exceeding$26,000) State Contract(page showing contract#,price iist) Competitive bid results(a.g, OtiGtowlre,bld tabulation page) �'ourr?nn�rvr 1. Have all invoices beery Mcluded? 72 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? Q 4, Has proof of payment 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 5. It EHP form needed,has a copy of the approval DHS been included? 6. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Easlcs Attachment Iffurther clarlty Is needed _Sale Source(approved by FDEM for purchases exceeding$26,000) State Contract(page showing contract#,price list) Competitive bid results(e.g,Quotewlre,bid tabulation page) T&A�/EL/C„O( f2ENCE 1. Have all receipts been turned In,itemized and do the dates on the receipts match travel dates? Alrplane receipts Proof of mileage(Coogle or Yahoo map printout or mileage log) Toll and/or Parking receipts Hotel receipts(is there a zero balance?) Car rental receipts (Registration fee recelpts 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? Q 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 Transfor(EFT)Confirmation _Credit Card Statement&payment to credit card company for that statement Copy of paycheck if re[mbursed through payroll SALARY POSITIgNS I. Hasa ed timesheet by employee and supervisor been included?Timesheat must certify the hours and information presented as true and correct. 2. Has proof for time worked by the employee been included? Is time period summary Included? Statement of Earnings —'�Copy of Payroll Check Payroll Register For fusion center analysts,hays the certification documents been provided to the SAA to demonstrate compliance with training and experience standards? ORQAIUIZATION 1. If billing for overtime and backtiil, 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 backfill, has a clear delineationtcross reference been provided showing who was backFilling who? 1= L BURST: HE FINAL j=CK El 1. Have all relevant forms boon completed and Included with each request for reimbursement(Including Daily Activity Reports for OPSG)? 2. Have the costs incurred been charged to the appropriate POET!: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-Recipients records/spreadsheet? B. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? 7. If this purchase was made via Sole Source,have you included the approved Sole Source documentation and Justification? 8. Do all of your vendors have a currant W-9(taxpayer ldentlfication)on file? ❑ 9. 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C1 O se w m X is a s M aG uRi ® O I O C w � PAY 4 C�� `ram` Cd1 d' +n Rf O� 1p � IPi O O O aD' ip M Ln cn aT wa *n vx C m m O ® C7 C Q O �� 2 cc�33 W 2. u C O N O O N e+l O N C. hO r l O AE a` S w D a p m S ex a o w e ® 4Q io CC u O � a m Q c E E c ,o a o : o �^ '° DO w w epw ❑ Lj Li n cc � w � 0 ice ° u u [— M W to s m z W w 1� o o c w N n N N N N N N N N N N N N N N N N N N N N a E E E E E c E E vui u W u U V 4aP � u Q W W W J W 11. my a a 2. ca a a a N a E EL n c.t c .c a c C, a E E E E E E E 5 E c I ¢ a c. n a a c a c c pprr � a a w� p a u a�i amr a°Qi w ,� .ami a°D+ w a cc w of z ��\ ��\ ��\ ��\ ��\ ��\ ��\ ��\ ��\ ��? \tup ��\ ��\ ��\ ��\ ��\ ��\ ��\ dƒ� ��\ ��6 ��\ 2021 UASI Sub-Recipients Broward County Emergency Management (BEMA) Broward Sheriff's Office (BSO) Coral Gables Coral Springs Fort Lauderdale Hialeah Hollywood Key Biscayne Miami Beach 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 ❑ffice (PESO) Pembroke Pines Sunrise Regional -- Projects shared across the entire region that includes members listed above as well as: Florida Department of Law Enforcement (FDLE) MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2021 "Jurisdiction" Agreement Number: R0521 FAIN Number: EMW-2021-SS-0005E-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 (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) Grant Program 2021; and 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 WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the Urban Area Working Group process to enhance Miami and its surrounding jurisdictions ability to respond to a terrorist threat or act. NOW THEREFORE, in consideration of the foregoing,the parties hereto agree as follow: 1 , 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. B. No provision in this Agreement limits the activities of the Urban Area Working Group or its Sponsoring Agency in performing local and state functions. III. DEFINITIONS A. Critical Infrastructure: Any system or asset that if attacked would result in catastrophic loss of life and/or catastrophic economic loss management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. B. Core County: The County within which the core city is geographically located. The core city is the City of Miami. C. UASI Grant Program 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 (NJMS): 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 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 MayorlCCOs from all other Jurisdictions within the defined urban area to identify POCs from these jurisdictions to serve on the Urban Area Working Group. The Urban Area Working Group will be responsible for coordinating development and implementation of all program elements, including the urban area assessment, strategy development, and any direct services that are delivered by the grant. F. Urban Area; An urban area is limited to inclusion of jurisdictions contiguous to the core city and county/counties, or with which the core city or county/counties have established formal mutual aid agreements. IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the City of Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Coordinating with named counties and 61les, 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 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 I. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shad 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. 8, 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#V. 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"Exhibit#1", D. Complying with al! 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 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 41". 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 I 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 equlpment availability may result in loss of funding andlor equipment to the Participating Agency. M. M equipment obtained fsam 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: A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely by the Sponsoring Agency. B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in a timely fashion. The Sponsoring Agency will prepare consolidated reports for submission to the State of Florida as stipulated in "Exhibit 1 C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel, D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28, Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a municipality, state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement or any other contract. E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay invoices in full far equipment, services, and allowable personnel costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency, Vill 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 B. The Secretary of Homeland Security and the Comptfoller 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 V. D. Submit progress reports to describe progress to date in implementing the grant and its impact on homeland security in the state. E. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties as identified in"Exhibit 2", 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 all obligations under this Agreement. B. Any provision of this Agreement laterfeund to be in conffictw1th 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 furn'shed 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 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. SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: BY: BY: Todd B. 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