Item C22 C22
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE
u,.. 9 Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
- James K. Scholl,District 3
' David Rice,District 4
Board of County Commissioners Meeting
June 21, 2023
Agenda Item Number: C22
2023-1127
BULK ITEM: Yes DEPARTMENT: Emergency Management
TIME APPROXIMATE: STAFF CONTACT: Jeff Manning
NA
AGENDA ITEM WORDING: Approval of Memorandum of Understanding with Monroe County
Sheriff's Office to transfer title to security assets purchased with FY 2020 Urban Area Security
Initiative (UASI) grant funds; authorization for Emergency Management Director or designee to
execute all necessary documents to effect the transfer.
ITEM BACKGROUND:
In FY2020 the U.S. Department of Homeland Security Office for Domestic Preparedness awarded a
subgrant to Monroe County in connection with the FY 2020 Urban Area Security Initiative (UASI)
program in the amount of$264,836.00, of which half or $132,418.00 was awarded by the County to
Monroe County Sheriff s Office under a Memorandum of Understanding. Of the remaining
$132,418.00 held by Monroe County Emergency Management, Emergency Management had a small
amount of funds that needed to be used in order to use the grant funds. With the remaining funds,
Monroe County Emergency Management purchased the assets described in the MOU, currently titled in
the name of Monroe County. Monroe County Emergency Management intended that these Assets would
best be used by Monroe County Sheriff's Office for security purposes and title to the Assets should be
transferred to the Sheriff, and Sheriff's Office has agreed to accept the donation of the items.
PREVIOUS RELEVANT BOCC ACTION:
6/16/2021: Monroe County BOCC approved an MOA with the Sheriffs Office regarding the 2020
UASI funding, splitting the UASI award evenly between BOCC and MCSO. This MOU further
transfers equipment purchased by Emergency Management with BOCC funding to MCSO.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
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MEMORANDUM OF UNDERSTANDING- MCSO equipment.pdf
UASI 2020 MOA and UASI GRANT - Monroe FULLY EXECUTED.pdf
FINANCIAL IMPACT:
N/A
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 2111 day of
June 2023, by and between the Monroe County Board of County Commissioners, a political
subdivision of the State of Florida, whose address is1100 Simonton Street, Key West, Florida
33040, hereinafter referred to as"COUNTY," and The Monroe County Sheriff's Office, hereinafter
referred to as "SHERIFF."
WITNESSETH
WHEREAS, in FY2020 the U.S. Department of Homeland Security Office for Domestic
Preparedness awarded a subgrant to Monroe County in connection with the FY 2020 Urban Area
Security Initiative (UASI) program in the amount of $264,836.00, of which half or $132,418.00
was awarded by the County to Monroe County Sheriff's Office under a Memorandum of
Understanding; and
WHEREAS, of the remaining $132,418.00 held by Monroe County Emergency
Management, Emergency Management had a small amount of funds that needed to be used in
order to use the grant funds; and
WHEREAS, with the remaining funds, Monroe County Emergency Management
purchased the following assets ("Assets"), currently titled in the name of Monroe County:
il, I'll,,,I'll-111,111,111,111,'ll""I'll""I'll'I --'I'll,�11111 -11,11,111,1111.11.11'll'.1111.11 . 1 1 1 1 - -
2AO12G 0,584 MOME NTUM a BAY SlGt'xVRAGE T4:a!FdlER 32"0 / 1 r ' $5, 85 M
WHEREAS, Monroe County Emergency Management intended that these Assets would
best be used by Monroe County Sheriff's Office for security purposes and title to the Assets should
be transferred to the Sheriff; and
WHEREAS, the Sheriff's Office has agreed to accept the donation of the items.
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the SHERIFF agree as follows:
1. OWNERSHIP — Effective immediately, title to the above-listed Assets will be
transferred to the SHERIFF, who will retain ownership of the approved equipment and will
maintain the items on the Sheriff's inventory. The Director of Monroe County Emergency
Management and/or her designee is hereby authorized to execute any and all necessary forms
in order to effect the transfer of the Assets.
2. INCORPORATION BY REFERENCE - The provisions of those certain documents
entitled Memorandum of Understanding Urban Area Security Initiative FY 2020, agreement
number R0232 (attached as Attachment A) (hereinafter"FY2020 UAS Agreement"), and all laws,
rules and regulations relating thereto are incorporated by reference. The parties agree to
cooperate in all respects to ensure that the transfer of the Assets is consistent with the terms and
conditions of the 2020 UASI Agreement.
Monroe County Sheriff's Office—MOU UASI FY 2015
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3. NOTICES -Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY FOR PROVIDER
Monroe County Administrator Monroe County Sheriff Richard A. Ramsay
1100 Simonton Street 5525 College Road
Key West, FL 33040 Key West, FL 33040
And
Director
Monroe County Emergency Management
490 63rd St., Suite 150
Marathon, FL 33040
Either of the parties may change, by written notice as provided above, the addresses or persons
for receipt of notices.
4. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in effect
between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County,
Florida, on the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
MONROE COUNTY SHERIFF'S OFFICE
By:
Title:
Witness
Monroe County Sheriff's Office—MOU UASI FY 2015
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CITY OF M IAM I i
` DOCUMENT ROUTING FORM
?;*:Itt tii[9ttEG>R}r i
f Fr�
ORIGINATING DEPARTMENT: Fire-Rescue JUL 1 5 2021
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
X GRANT AGREEMENT ❑ INTER-LOCAL AGREEMENT
❑EXPERT CONSULTANT AGREEMENT ❑LEASE AGREEMENT
El LICENSE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT
OTHER:(PLEASE SPECIFY:Memorandum of Agreement
PURPOSE OF ITEM(BRIEF SUMMARY):To execute FY 2020 Urban Area Security Initiative ("UASI")
—Memorandum of Agreement("MOA").
COMMISSION APPROVAL DATE: 4/8/2021 FILE ID: 8649 ENACTMENT NO.: R-21-0142
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL,PLEASE EXPLAIN:
j ifAITICDate PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR 7/2/21 PRINT: Ty McGann, AFC
�
SIGNATURE:
7/2/21 PRINT:ANN—MAG +�S I HARPE
SUBMITTED TO RISK MANAGEMENT r, ..�
SIGNATURE:
SUBMITTED TO CITY ATTORNEY PRINT: VICTORIA MENDEZ
TMF
SIGNATURE: MID 21-151
PRINT:
APPROVAL BY ASSISTANT CITY MANAGER
SIGNATURE:
RECEIVED BY CITY MANAGER PRINT: ART NO GA
SIGNATURE:
1) ONE`ORIGINAL TO CITY CLERK PRINT:, SIGNATURE:
2) ONE COPY TOATTORNEY'S OFFICE
, PRINT:
SIGNATURE:
3) REMAINING ORIGINALS)TO ORIGINATING
QEPARTMEN'T PRINT:
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
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MEMORANDUM OF AGREEMENT
URBAN AREA SECURITY INITIATIVE FY 2020
"Monroe County"
Agreement Number: R0232
FAIN Number: EMW-2020-SS-00035-SOI
CFDA#: 97,067
This Agreement is entered into this 16th day of July 2021,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 2020;and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program
2020 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 2020 and
involve core cities, core counties,contiguous jurisdictions, mutual aid partners,and State agencies; and
WHEREAS, the 2020 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-21-0142,adopted on 6g[L8 2021 r 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:
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I. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies
for activities under the UASI Grant Program 2020 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.
11.SCOPE
A. The provisions of this Agreement apply to UASI Grant Program 2020 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 lnfrastructure: 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 2020: The UASI Grant Program 2020 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 2020 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,
U. 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
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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/CRCs from all other jurisdictions within the defined urban area to identify
POCs from these jurisdictions to serve on the Urban Area Working Group, The Urban Area Working
Group will be responsible for coordinating development and implementation of all program elements,
including the urban area assessment,strategy development,and any direct services that are delivered
by the grant,
F. Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and
county/counties, or with which the core city or county/counties have established formal mutual aid
agreements.
IV.SPONSORING AGENCY SHALL BE RESPONSIBLE FOR.,
A. Providing an administrative department, which shall be the City of Miami Fire-Rescue Department,
authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency,
B. Coordinating with named counties and cities,with the respective State Administrative Agency,and with
the FDEM and USDHS.
C. Conducting a comprehensive Urban Area Assessment,which will in turn guide the development of an
Urban Area 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#V.
G. Ensuring satisfactory progress toward the goals or objectives stipulated in"Exhibit#V.
H. Following grant agreement requirements and/or special conditions as stipulated in'Exhibit#1'.
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1, 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 2020 requirements as stipulated in"Exhibit#V.
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#V.
1. Ensuring satisfactory progress toward the goals or objectives as stipulated in"Exhibit#V,
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 2020, as identified in "Exhibit#2", is
readily available for use by personnel trained to use such equipment for actual emergencies, special
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events or exercises. Also, ensure that such equipment is readily available for onsite monitoring by
DHS, FDER 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 2020, 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.
Vt.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 $760,000 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.
935
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 2020 assistance
for audit and examination purposes,provided that,in the opinion of the Secretary of Homeland Security
or the Comptroller General,these documents are related to the receipt or use of such assistance,The
grantee will also give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine all records, books, papers or documents related to
the grant,
C. Financial Status Reports are due within 14 days after the.end of each calendar quarter,A report must.
be submitted for every quarter that the award is active, including partial calendar quarters, as well as
for periods where no grant activity occurs as stipulated in"Exhibit 1".
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 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.
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E. This Agreement will end on June 30, 2022, unless otherwise extended, by a written amendment duly
approved and executed prior to June 30, 2022, 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:
Todd S. Hannon Arthur Norie%g
City Clerk City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS, REQUIREMENTS:
BY, fa4.1 , 7� 6/6161 BY:
Victoria Mendez Ann-Marie Sharpe, Director
City Attorney TMF Department of Risk Management
MID 21-1518
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PARTICIPATING AGENCY
"(sub.recipient)"
ATTEST:,;KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
a i
„
Name: Pamela G. Hancock "
NAME, Michelle Coldiron
i
Title: as Deputy Clerk
"TITLE: Mayor
F ID#: 59-6000749
DUNS: 073876757
APPROVED AS TO FORM AND
CORRECTNESS:
Partic ;Ming- nc`y-Attorney
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Contract Number: R0232
FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT l
2 C.F.R. §200.92 states that a"subaward may be provided through any form of legal agreement,including an
agreement that the pass-through entity considers a contract."
j
As defined by 2 C.F.R.§200.74,"pass-through entity"means"a non-Federal entity that provides a subaward to a
Sub-Recipient to carry out part of a Federal program."
As defined by 2 C,F.R. §200.93, "Sub-Recipient" means"a non-Federal entity that receives a subaward from a
pass-through entity to carry out part of a Federal program."
As defined by 2 C.F.R.§200.38, "Federal award"means"Federal financial assistance that a non-Federal entity
receives directly from a Federal awarding agency or indirectly from a pass-through entity."
As defined by 2 C.F.R.§200.92, "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.§200.331(a)(1):
Sub-Recipient's name: City of Miami Fire Rescue
Sub-Recipient's unique entity identifier 072220791
Federal Award Identification Number(FAIN): EMN/-2020-SS-00035-S01
Federal Award Date: 9/112020 — 08131/2023
Subaward Period of Performance Start and End Date: DOE - 12/3112022
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: $18,179,804.42
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: NO(N/A)
Indirect cost rate for the Federal award: 34,50%
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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 tomn the"Sub-Recipient"). i
/
For the purposes uf this Agreement, the Division serves ea the pass-through entity for oFadora } �
_ �
award,and the Sub-Recipient serves eo the recipient ofmoubawani !
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds
tu provide the services identified herein;
B. The State of Florida received these grant funds from the Federal government,and the �
Division has the authority tnoubQmrt these funds to the Sub-Recipient upon the terms and conditions
outlined below,and,
C. The Division has statutory authority to disburse the funds under this Agreement
THEREFORE,the Division and the Sub-Recipient agree to the following:
,
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT '
XCY,R'§2O0.302 provides: "Each state must expend and account for the Federal award
hn accordance with state laws and procedures for expending and accounting for the obatmn own fuoda"
Therefore, section 215,971, Florida Statutes, entitled"Agreements funded with federal or state
assistance", applies¢»this Agreement.
(2) LAWS, RULES.REGULATIONS AND POLICIES
a� TheGub4Recipk+/t's performance under this Agreement is subject tn2C]P.R.Part
200, entitled'Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal
Awards,'
b. Ao required by Section 215.071(l)^ Florida Statutes,this Agreement includes:
I. /\provision specifying m scope of work that clearly establishes the tasks that
the Sub-Recipient ie required toperform,
|i. A provision dividing the agreement into quantifiable units ufdeliverables that
must ba received and accepted |n writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level oy service hnbeperformed
and the criteria for evaluating the successful completion of each deliverable.
UL A provision specifying the financial consequences that apply If the Sub-
Recipient falls to perform the minimum level of service required by the agreement,
|v. /\provision specifying that the Sub-Recipient may expend funds only for '
allowable costs resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unabligated funds which has been
advanced uv paid must be refunded hp the Division, � |
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vi. A provision specifying that any funds paid in excess of the amount to which
the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing,the Sub-Recipient and the Division shall be governed by
all applicable State and Federal laws, rules and regulations, including those identified in Attachment D,
Any express reference in this Agreement to a particular statute, rule,or regulation in no way Implies that
no other statute,rule,or regulation applies.
(3) CONTAC
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 his/her duties,the Grant Manager
for the Division shall:
1, Monitor and document Sub-Recipient performance;and,
ii. Review and document all deliverables for which the SUb-Recipient requests
payment.
b, The Division's Grant Manager for this Agreement is:
Dizzy K. Cab An
2555 Shumard Oak Boulevard
Tallgh gssee, Florida 32399
Telephone; f850)8154348
Email-
K)zzX., abanOem.myflorida.com
c. The name and address of the Representative of the Sub-Recipient responsible for
the administration of this Agreement is:
Chief Robert Nevia
444$W 2nd Avenue,I Oth Fl
Miami,FL 33130
Telephone: 305-569-5402
Fax. 305-669-4070
Email. Rob,HevIaCmiamigov,com
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name,title and address of the new representative will be
provided to the other party.
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(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the patties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts,any one of which may
be taken as an original.
(6) MODIFICATION
Either party may request modification of the provisions of this Agreement Changes
which are agreed upon shall be valid only when in writing,signed by each of the parties,and attached to
the original of this Agreement,
(7) SCOPE OF WQRK.
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 on upon execution by the parties and will end December
31, 2022 unless terminated earlier in accordance with the provisions of Paragraph(17)of this Agreement.
Consistent with the definition of"period of performance contained in 2 C.F.R. §200.77,the term'period
of agreement"refers to the time during which the Sub-Recipient'may incur new obligations to carry out
the work authorized under'this Agreement, In accordance with 2 C.F.R. §20U09,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) EghDINQ
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 o�for allowable costs Incurred by the
Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A and B of this Agreement("Budget and Scope of Work").
The maximum reimbursement amount for the entirety of this Agreement is$14,012,600.00.
d. As required by 2 C.F.R. §200.415(a),any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally,bind the Sub-Reclpipnt,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete,and accurate, and the expenditures,disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious,or fraudulent information,or the omission of any material fact,may subject me to criminal,
4
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t
civil or administrative penalties for fraud,false statements,false claims or otherwise. (U.S.Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub-Recipient against a performance measure,outlined in Attachment 5, l
t
that clearly delineates:
1, The required minimum acceptable level of service to be performed;and,
ii. The criteria for evaluating the successful completion of each deliverable.
f. The performance measure required by section 215.971(1)(b),Florida Statutes,
remains consistentwith the requirement for a"performance goal",which is defined in 2 C.F.R,§200.76 as
"a target level of performance expresser{as a tangible, measurable objective, against which actual '
achievement can be compared." It also remains consistent with the requirement,contained in 2 C.F.R.
§200.301,that the Division and the Sub-Recipient"relate financial data to performance accomplishments
of the Federal award."
g. if authorized by the Federal Awarding Agency,then the Division will reimburse the
Sub-Recipient for overtime expenses in accordance with 2 C.F.R.§200.430("Compensations--personaf
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, holiday,
illness,failure of the employer to provide sufficient work, or other similar cause(see 29 U.&C.
§207(e)(2)),then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines
fringe benefits as"allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages.' Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub-Recipient-employee agreement,or an
established policy of the Sub-Recipient. 2 C.F,R.§200.431(b)provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave,family-related leave,sick leave,holidays,court leave,military leave,
administrative leave,and other similar benefits,are allowable if all of the following criteria are met,
I. They are provided under established written leave policies;
ii. The costs are equitably allocated to all related activities, including Federal
awards;and,
iii. The accounting basis(cash or accrual)selected for costing each type of
leave is consistently followed by the non-Federal entity or specified grouping of employees.
h. if authorized by the Federal Awarding Agency,then the Division will reimburse the
Sub-Recipient for travel expenses in accordance with 2 C.F.R.§200.474, As required by the Reference
Guide for State Expenditures,reimbursement for travel must be in accordance with section 112.061,
Florida Statutes;which includes submission of the claim on the approved state travel voucher. If the Sub-
Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b),.
S
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I
Florida Statutes($6 for breakfast, $11 for lunch,and$19 for dinner,then the Sub-Reel Tent must provide
documentation that:
1. The costs are reasonable and do not exceed charges normally allowed by
the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy;and,
ii, Participation of the individual in the travel Is necessary to the Federal award.
1. The Division's grant manager,as required by section 215.971(2)(c),Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Sub-Recipient.
j. As defined by 2 C.F.R. §200.53, the term"improper payment'means or includes:
1. 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,
li, Any payment to an ineligible party,any payment for an ineligible 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 prevents a reviewer from
discerning whether a payment was proper.
k. Any advance payment Linder this Agreement is subject to section 216,181(16),
Florida Statutes, The amount of advanced funds may not exceed the expected cash needs of Sub-
recipient within the first(90) days of the term of this Agreement, If an advance payment is requested,the
budget data on which the request is based,and a justification statement shall be included with this
Agreement as indicated in Attachment IF,Justification of Advance Payment.Attachment E must specify
the amount of advance disbursement requested and provide an explanation of the necessity for and
proposed use of the funds.
(IO)RECORQS
a, As required by C.F.R.§200,336,the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents,papers,or other records of the Sub-Recipient which are,
pertinent to the Federal award,in order to make audits, examinations, excerpts,and transcripts, The right
of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally,the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b, As required by 2 C,F.R. §200,331(a)(5),the Division,the Chief Inspector General of
the State of Florida,the Florida Auditor General,or any of their authorized representatives, shall enjoy the
right of access to any documents,financial statements, papers,or other records of the Sub-Recipient
which are pertinent to this Agreement, in order to make audits, examinations,excerpts,and transcripts.
6
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The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the
purpose of interview and discussion related to such documents.
c. As required by Florida Department of State's record retention requirements(Chapter
119, Florida Statutes)and by 2 C.F.R.§200.333,the Sub-Recipient shall retain sufficient records to show
Its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement,for a period of five(5)years from the date of
submission of the final expenditure report. The following are the only exceptions to the five(5)year
requirement:
I. If any litigation,claim, or audit is started before the expiration of the 5-year
period,then the records must be retained until all litigation,clairns, or audit findings involving the records
have been resolved and final action taken.
ij, When the Division or the Sub-Recipient is notified in writing by the Federal
awarding agency,cognizant agency for audit,oversight agency for audit,cognizant agency for indirect
costs,or pass-through entity to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must
be retained for 5 years after final disposition.
Iv. When records are transferred to or maintained by the Federal awarding
agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient,
V. Records for program income transactions after the period of performance. In
some cases, recipients must report program income after the period of performance. Where there is such
a requirement,the retention period for the records 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 plans. This paragraph
applies to the following types of documents and their supporting records: Indirect cost rate computations
or proposals, cost allocation plans,and any similar accounting computations of the rate at which a
particular group of costs Is chargeable(such as computer usage chargeback rates or composite fringe
benefit rates).
d, In accordance with 2 C.F.R.§200.334,the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that
the records possess long-term retention value.
e. In accordance with 2 C,ER. §200.335,the Division must always provide or accept
paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies, When original
records are electronic and cannot be altered,there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews,provide
reasonable safeguards against alteration, and remain readable,
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.......................................
f, As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub-Recipient.considers sensitive consistent with
applicable Federal, state, local,and tribal laws regarding privacy and obligations of confidentiality,
g. Florida's Government in the Sunshine Law(Section 286,011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements:(1)meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given;and,(3)minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity,standing alone,is insufficient to
bring that entity within the ambit of the open government requirements. However,the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of 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 department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that 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
governing board may be subject to open government requirements. These meetings shall be publicly
noticed,open to the public,and the minutes of all the meetings shall be public records,available to the
public in accordance with Chapter 119, Florida Statutes.
h, Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency(or a private
entity acting on behalf of such an agency)in conjunction with official business which are used to
perpetuate,communicate, or formalize knowledge qualify as public records subject to public inspection,
The mere receipt of public funds by a private entity,standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However,when a public entity delegates a public
function to a private entity,the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
I. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, Including
documentation of all program costs, in a form sufficient to determine compliance with the requirements
946
and objectives of the Budget and Scapa of Work-Attachment A and B-and all other applicable laws and
regulations, I t
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE l
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT: (850) 815-4166, Records@em.myfloricia.com,or 2555 Shumard Oak '
Boulevard, Tallahassee, FL 32399.
(I 1)AUDITS
a. The Sub-Recipient shall comply with the audit requirements contained In 2 C.F.R.
Fart 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement,the
Sub-Recipient shall follow Generally Accepted Accounting Principles("GAAF"). As defined by 2 C.F.R. F
§200,49, GAAP"has the meaning specified in accounting standards issued by the Government
Accounting Standards Board(GASB)and the Financial Accounting Standards Board(FASB).A
c, When conducting an audit of the Sub-Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards('GALAS"). As defined by 2
C,F.R. 200.50,GALAS, „also known as the Yellow Book,means generally accepted government
auditing standards Issued by the Comptroller General of the United States,which are applicable to
3
financial audits.'
d, If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement,the Sub-Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-
compliance.
e. The Sub-Recipient shall have all audits completed by an independent auditor,which
is defined in section 215.97(2)(i), Florida Statutes,as"an independent certified public accountant licensed
under chapter 47V The independent auditor shall state that the audit complied with the applicable
provisions noted above. The audit must be received by the Division no later than nine months from the
end of the Sub-Recipient's fiscal year.
f. The Sub-Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R.Part 200,by or on behalf of the Sub-Recipient,to the Division at the following
address:
DEMSingieAudit@em.myflorida.com
OR
Office of the inspector General
2555 Shumard Oak Boulevard
Tallahassee,Florida 32399.2100
9
i
I
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947
g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAG
to the Federal Audit Clearinghouse by submission online at:
http://herveLter.census.gov/fac/collect/ddeindex.html
h. The Sub-Recipient shall send any management letter issued by the auditor to the
Division at the following address:
DEMS!ngleAudit@em.myfloride.com
tOR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(12)REPORTS
a, Consistent with 2 C.F.R.§200,328,the Sub-Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall Include the current status and progress by
the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, In addition to any other information requested by the Division,
b. Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the close-out report. The
ending dates for each quarter of the program year are March 31, June 30, September 30 and December
31.
a. The close-out report is due 60 days after termination of.this Agreement or 30 days
after completion of the activities contained in this Agreement,whichever first occurs,
d. if all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division,then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph(16)REMEDIES, "Acceptabie to the
Division"means that the work product was completed in accordance with the Budget and Scope of Work,
e. The Sub-Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub-Recipient shall provide additional reports and information identified in
Attachment B.
(13)MONITORING.
a, The Sub-Recipient shall monitor its performance under this Agreement,as well as
that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to
ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being
accomplished within the specified time periods, and other performance goals are being achieved. A
review shall be done for each function or activity in Attachment B to this Agreement and reported in the
quarterly report.
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948
b. In addition to reviews of audits, monitoring procedures may include,but not be limited
to, On-site visits by Division staff, limited scope audits,and/or other procedures. The Sub-Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient Is
appropriate,the Sub-Recipient agrees to comply with any additional instructions provided by the Division
to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate
with any inspections, reviews,investigations or audits deemed necessary by the Florida Chief Financial
Officer or Auditor General. In addition,the Division will monitor the performance and financial
management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks.
(14)LIABILITY
6. Unless Sub-Recipient is a State agency or subdivision, as defined in section
768.28(2),Florida Statutes,the Sub-Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement;as authorized by section 768,28(1 9), Florida Statutes, Sub-Recipient shall
hold the Division harmless against all claims of whatever nature by third pates arising from the work
performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not
an employee or agent of the Division but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a
state agency or subdivision, as defined in section 768,28(2), Florida Statutes,agrees to be fully
responsible for its negligent or tortious,acts or omissions which result in claims or suits against the
Division,and agrees to be liable for any damages proximately caused by the acts or omissions to the
extent set forth in Section 768,28, Florida Statutes, Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract,
(15)DEFAULT
If any of the following events occur('Events of Default"), all obligations on the part of the
Division to 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 if:
a. Any warranty or representation made by the Sub-Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect,or if the Sub_,
Recipient falls to keep or perform any of the obligations,terms or covenants in this Agreement or any
previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to
meet its obligations under this Agreement;
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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 Division or
have been submitted with incorrect, incomplete or insufficient information;or,
d. The Sub-Recipient has failed to perform and complete on time any of its obligations
under this Agreement,
(16)REMEDIE8
If an Event of Default occurs,then the Division shall, after thirty calendar days written
notice to the Sub-Recipient and upon the Sub-Recipients failure to cure within those thirty days,exercise
any one or more of the following remedies,either concurrently or consecutively:
a. Terminate this Agreement,provided that the Sub-Recipient is given at least thirty
days prior written notice of the termination. The notice shall be effective when placed in the United
States,first class mail, postage prepaid, by registered or certified mail-return receipt requested,to the
address in paragraph(3)herein;
b, Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
c, Withhold or suspend payment of all or any part of a request for payment;
d, Require that the Sub-Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
9. 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,
I!. Issue a written warning to advise that more serious Measures may be taken
if the situation is not corrected,
!!I. Advise the Sub-Recipient to suspend,discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub-Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. 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.F R.
§200.338,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,
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g. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this
Agreement or provided at law or in equity, If the Division waives any right or remedy in this Agreement or
fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right
or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any
other default by the Sub-Recipient.
(17)TERMINATIO
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-Recipient to permit public access to any
document paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes,as
amended.
b. The Division may terminate this Agreement for convenience or when it determines,in
its sole discretion,that continuing the Agreement would not produce beneficial results in line with the
further expenditure Of funds,by providing the Sub-Recipient with thirty calendar days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated,the Sub-Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub-Recipient has received the
notification of termination. The Sub.Recipient will cancel as many outstanding obligations as possible,
Costs incurred after receipt of the termination notice will be disallowed, The Sub-Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient, The
Division may,to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub-Recipient is determined.
(18)PROCLJREMENT
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 200,326 as well as Appendix 11 to 2 C.F.R, Part 200(entitled'Contract Provisions for
Non-Federal Entity Contracts Under Federal Awards").
b. As required by 2 C.F.R.§200,318(i),the Sub-Recipient 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 C.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-
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951
.............
............
Recipient shall document, in its quarterly report to the Division,the progress of any and all subcontractors
performing work under this Agreement.
d. Except for procurements by micro-purchases pursuant to 2 C.F.R.§200,320(a)or
procurements by small purchase procedures pursuant to 2 C.F.R. §200,320(b), K the Sub-Recipient
chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall
forward to the Division a copy of any solicitation (whether competitive or non-competitive)at least ten
(10)days prior to the publication or communication of the solicitation. The Division shall review the
solicitation and provide comments, if any,to the Sub-Recipient within seven(7)business days.
Consistent with 2 C.F.R,§200,324,the Division will review the solicitation for compliance with the
procurement standards outlined in 2 C.F.R.§§200,318 through 200.326 as well as Appendix It to 2 C.F.R.
Part200. Consistent with 2 C.F.R.§200.318(k), the Mvislon will not substitute its judgment for that of the
Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a
competitive solicitation,this review may allow the Division to Identify deficiencies In the vendor
requirements or in the commodity or service specifications. The Division's review and comments shall not
constitute an approval of the solicitation. Regardless of the Division's review,the Sub-Recipient remains
bound by all applicable laws, regulations,and agreement terms. If during its review the Division identifies
any deficiencies,then the Division shall communicate those deficiencies to the Sub-Recipient as quickly
as possible within the seven(7)business day window Outlined above. If the Sub-Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient,then
the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph(17)above;and,
!I. RefUS8 to reimburse the Sub-Recipient for any costs associated with that
solicitation.
a. Except for procurements by micro-purchases pursuant to 2 C.F.R.§200.320(a)or
procurements by small purchase procedures pursuant to 2 C.F.R.§200,320(b),if the Sub-Recipient
chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any,to the Sub-Recipient within seven(7)
business days. Consistent with 2 C.F.R. §200.324,the Division will review the unexecuted contract for
compliance with the procurement standards outlined In 2 C.F.R.§§200.318 through 200.326 as well as
Appendix If to 2 C.F.R. Part 200, Consistent with 2 C.F.R. §200.318(k),the Division will not substitute its
judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of the Division's review,the Sub-Recipient remains bound by all applicable laws, regulations,
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.......... ....................................................
and agreement terms. If during its review the Division identifies any deficiencies,then the Division shall
communicate those deficiencies to the Sub-Recipient as quickly as possible within the seven(7)business
day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non-compliant,then the Division may.
L Terminate this Agreement in accordance with the provisions outlined in
paragraph(17)above;and,
ii. Refuse to reimburse the Sub-Reciplent for any costs associated with that
subcontract.
t The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is
bound by the terms of this Agreement, (1)the subcontractor is bound by all applicable state and federal
laws and regulations, and(Ili)the subcontractor shall hold the Division 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 bye CY.R.§200,318(c)(1),the Sub-Recipient shall'maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts!
h. As required by 2 C,FR. §200,319(a)contractors that develop or draft specifications,
requirements,statements of work, or invitations for bids or requests for proposals must be excluded from
competing for such procurements, The Sub-Recipient or pass-thru entity must disclose to the Division,in
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 policies,within five(5)days of
learning of the conflict of interest,"Conflict of interest'is considered as any situation where an employee,
officer,or agent,any members of his or her immediate family,or his or her partner has a close personal
relationship, business relationship,or professional relationship,with a recipient or subreciplent.
L As required by 2 C.F.R.§200.319(a),the Sub-Recipient shall conduct any
procurement under this agreement"in a manner providing full and open competition,' Accordingly,the
Sub-Recipient shall not:
L Place unreasonable requirements on firms in order for them to qualify to do
business;
li, Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
companies;
iv. Execute noncompetitive contracts to consultants that are on retainer
contracts;
V. Authorize,condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
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Vii. Specify a brand name product instead of describing the perfonnance,
specifications,or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
will. Engage in any arbitrary action during the procurement process;or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements,statement of work,invitation to bid,or request for
proposals.
1. "[Elxcept in those cases where applicable Federal statutes expressly mandate or
encourage"otherwise,the Sub-Recipient,as required by 2 C.F.R.§200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
k, The Sub-Recipient shall conduct any procurement involving invitations to bid(i.e.
sealed bids)in accordance with 2 C.F.R. §200,320(c)as well as section 287,057(l)(a), Florida Statutes,
L The Sub-Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals)In accordance with 2 C.F.R. §200,320(d)as well as section 287.067(1)(b),
Florida Statutes,
m. For each subcontract,the Sub-Recipient shall provide information to the Division as
to whether that subcontractor is a minority business enterprise,as defined in Section 288,703, Florida.
Statutes on the required Procurement Method Report(Form 5). Additionally,the Sub-Recipient shall
comply with the requirements of 2 C.F.R.§200,321 ('Contracting with small and minority businesses,
women's business enterprises,and labor surplus area firms").
n. FEMA has developed helpful resources for Sub-Recipients using federal grant funds
for procurements. These resources are generally available at https://'Nww.fema.gov/procurement-
disaster-assistance-team. FEMA periodically updates this resource page so please check back for the
latest information. While not all the provisions discussed in the resources are applicable to this subgrant
agreement,the Sub-Recipient may find these resources helpful when drafting its solicitation and contract
for compliance with the Federal procurement standards outlined in 2 C.F,R,§§200.318 through 200,326
as well as Appendix 11 to 2 C,F,R. Part 200, FEMA provides the following hands-on resources for Sub-
Recipients of federal funding:
L 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants
alladable at htti),,,:I/www,fema.aov/media-librarv-data/I 569959172327
92358d63eDOd17639d5db4de015184c9]PQ,A_T_ ProcuremenICbecklist 11-21-20I8.Odf
ii. 2019 PDAT Contract Provisions Template available at httPs:1/www.fema.,qov/medIa-
fibrary:Bata/15g_9959119092-
92358d63e00dl7639d5db4de0I51$4c91PDAT ContLagtProvislonsTemplate 9-30-19.pdf
(19)6=ACHMENTS AND EXHIBITS
a. All attachments to this Agreement are incorporated as if set out fully.
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b. in the event of any inconsistencies or conflict between the language of this
Agreement and the attachments,the language of the attachments shall control,but only to the extent of i €
the conflict or inconsistency.
t
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c, This Agreement has the following attachments:
i. Exhibit 1 -Funding Sources
if. Attachment A--Program Budget
Ill. Attachment B—Scope of Work
iv. Attachment C Deliverables and Performance
V. Attachment D-M Program Statutes and Regulations
I
vi. Attachment E—Justification of Advance Payment
vit. Attachment F--Warranties and Representations
viii, Attachment '—Certification Regarding Debarment,Suspension, ineligibility
and'Voluntary Exclusion
Ix, Attachment H—Statement of Assurances
x. Attachment I—Mandatory Contract Provisions
xi. Attachment J—Financial and Program Monitoring Guidelines
xii. Attachment K--EHP Guidelines
xiii. Attachment L—Reimbursement Checklist
Av.. Attachment M w-Certification Regarding lobbying
xv. Attachment N--Reporting Farms
(20)P MgNTS
a, If the necessary funds are not available to fund this Agreement as a result of action
by the United States Congress,the federal Office of Management and Budgeting, the State Chief
Financial Officer or under subparagraph(9)b, of this Agreement,all obligations on the part of the Division
to make any further payment of funds shall terminate,and the Sub-Recipient shall submit Its closeout
report within thirty days of receiving notice from the Division,
b. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shaft 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-
Recipient'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(16), Florida Statutes.All requests for advance payments will be reviewed and
considered on a case by case basis.All advances are required to be held In an interest-bearing account.
If an advance payment is requested,the budget data on which the request is based,and a justification
statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of
advance payment needed and provide an explanation of the necessity for and proposed use of these
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funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment. After the initial advance,if any, payment shall be made on
a reimbursement basis as needed.
(21)REPAYMENTS
a, All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of"Division of Emergency Management",and mailed directly to the following
address
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b, In accordance with Section 215.34(2), Florida Statutes, If a check or other draft is
returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5%
of the face amount of the returned check or draft,whichever is greater.
(22)MANDATED CONDITJON,5
a. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations,and materials submitted or provided by the Sub-Recipient in this Agreement,
in any later Submission or response to a Division request,or in any submission or response to fulfill the
requirements of this Agreement. All of said information,representations,and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty days written notice to the Sub-Recipient,cause the termination of this Agreement
and the release of the Division from all its obligations to the Sub-Recipient.
b, This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule,or is unenforceable,then the provision
shall be null and void to the extent of the conflict,and shall be severable,but shall not invalidate any other
provision of this Agreement,
c, Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement,
d, The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public
Law 101-336,42 U,S.C, Section 12101 et seg.),which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations,transportation,State and local
government services, and telecommunications.
e. Those who have been placed on the convicted vendor list following a conviction fora
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity,may not submit a bid on a contract with a public entity for the
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construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor,supplier, subcontractor,or
consultant under a contract with a public entity,and may not transact business with any public entity in
excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
f, Any Sub-Recipient which is not a local government or state agency,and which
receives funds under this Agreement from the federal government, certifies,to the best of its knowledge
and belief,that it and its principals:
I. Are not presently debarred, suspended, proposed for debarment,declared
Ineligible,or voluntarily excluded from covered transactions by a federal department or agency,
1.
il. Have not,within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public(federal, state or local)transaction or contract under public
transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,
bribery,falsification or destruction of records, making false statements,or receiving stolen property,
ili. 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)f. U. of this certification, and,
iv. Have not within a five-year period preceding this Agreement had one or more
public transactions(federal, state or local)terminated for cause or default.
g. If the Sub-Recipient is unable to certify to any of the statements in this certification,
then the Sub-Recipient shall attach an explanation to this Agreement.
h. In addition,the Sub-Recipient shall send to the Division(by email or by
facsimile transmission)the completed"Certification Regarding Debarment,Suspension,
Ineligibility and Voluntary Exclusion" (Attachment G)for each intended subcontractor which Sub-
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub-Recipient enters Into a contract with any subcontractor.
I. The Division reserves the right to unilaterally cancel this Agreement if the Sub-
Recipient refuses to allow public access to all documents,papers, letters or other material subject to the
provisions of Chapter 119,Florida Statutes,which the Sub-Recipient created or received under this
Agreement.
j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this
Agreement,any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount
k. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e)of the Immigration and Nationality Act
19
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ONAM. The Division shaft consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions
contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
I. Section 287,06805, Florida Statutes,requires that any state funds provided for the
purchase of or improvements to real property are contingent upon the contractor or political subdivision
granting to the state a security interest in the property at least to the amount of state funds provided for at
least 5 years from the date of 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
Contract it the Contractor is found to have submitted a false certification as provided under section
287.136(5),F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,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)LOBBYING_PROHIBITION
a. 2 C,RR.§200,450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216,347,Florida Statutes,prohibits"any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature,the judicial
branch,or a state agency,
c. No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
d, The Sub-Recipient certifies,by its signature to this Agreement,that to the best of his
or her knowledge and belief;
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Sub-Recipient,to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of
a Member of Congress,in connection with the awarding of any Federal contract,the making of any
Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the
extension,continuation,renewal, amendment or modification of any Federal contract,grant,loan or
cooperative agreement.
it. 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
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connection with this Federal contract, grant,loan or cooperative agreement,the Sub-Recipient shall
complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities."
!!I, The Sub-Recipient shall require that this certification be included in the
award documents for all subawards(including subcontracts,subgrants, and contracts under grants,
loans,and cooperative agreements)and that all Sub-Recipients shall certify and disclose.
iv, This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not
more than$100,000 for each such failure.
V. If this subgrant agreement amount is$100,000 or more,the Sub-Recipient,
and subcontractors,as applicable, shall sign Attachment M—Certification Regarding Lobbying.
(24)COPYRIGHT,PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA;AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA,
a, If the Sub-Recipient has a pre-existing patent or copyright,the Sub-Recipient shall
retain all rights and entitlements to that pre-existing patentor 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 shall refer
the discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books,manuals,films,or other copyrightable,
material are produced,the Sub-Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub-Recipient to the State
of Florida.
c. Within thirty days of execution of this Agreement,the Sub-Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which be or she knows or should
know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to
any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such
property exists. The Division shall then, under Paragraph(24)b have the right to all patents and
copyrights which accrue during performance of the Agreement.
d. If the Sub-Recipient qualifies as a state university under Florida law,then,pursuant
to section 1004,23, Florida Statutes,any invention conceived exclusively by the employees of the Sub-
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Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions,that is
inventions made jointly by one or more employees of both parties hereto,each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable,fully-
paid, nonexclusive license,for its use and the use of its contractors of any resulting patented,copyrighted
or trademarked work products,developed solely by the Sub-Recipient, under this Agreement,for Florida
government purposes,
(25)LEGAL AUTHORIZATION
The Sub-Recipient certifies that it.has the legal authority to receive the funds under this Agreement
and that its goveming body has authorized the execution and acceptance of this Agreement. The Sub-
Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-
Recipient to the terms of this Agreement.
(26)EQUAL OPPORTUNIJY ELOPLOYMEN_T
a. In accordance with 41 C.F.R.§60-1,4(b),the Sub-Recipient hereby agrees that It will
incorporate or cause to be Incorporated into any contract for construction work,or modification thereof,as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60,which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed 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 discriminate 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 during employment without regard to their race,
color, religion,sex, sexual orientation,gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading,demotion,or transfer,•.recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation;and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause,
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor,state that all
qualified applicants will receive considerations for employment without
regard to race,color, religion, sex,sexual orientation,gender identity, or
national origin.
M. 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
22
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applicant. This provision shall 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
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 i }
i
consistent with the contractor's legal duty to furnish information.
iv. The contractor will 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 copies of the notice in conspicuous places
available to employees and applicants for employment
V. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965,and of the rules, regulations, and relevant
orders of the Secretary of Labor.
vi. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965,and by rules,
regulations,and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records,and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules,regulations,and
orders.
vii. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations,or orders,this contract may be canceled,terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 1124e of September 24, 1985,and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965,or by rule,regulation, or order of the
Secretary of Labor,or as otherwise provided bylaw.
vii. The contractor will include the portion of the sentence
immediately preceding paragraph(1)and the provisions of paragraphs
(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 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor, The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however,that in the event a contractor becomes involved in,or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter Into such litigation to protect the interests of
the United Mates.
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b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work-, Provided,that if the applicant so participating is a State or local government,the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such govern
ment
which does not participate in work on or under the contract.
c. The Sub-Reciplent agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor In obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules,regulations, and relevant orders of the
Secretary of Labor,that it will famish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance,and that It will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
d. The Sub-Recipient further agrees that it will refrain from entering into any contractor
contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor
debarred from,or who has not demonstrated eligibility for,Government contracts and federally assisted
construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part It,Subpart D of the Executive order. In
addition,the Sub-Reciplent agrees that if it falls or refuses to comply with these undertakings,the
administering agency may take-any or all of the following actions: cancel,terminate,or suspend in whole
or in part this grant(contract, loan, insurance, guarantee); refrain frorn extending any further assistance to
the Sub-Recipient under the program With respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub-Recipient;and refer the case to the
Department of Justice for appropriate legal proceedings,
(27 COPELAND ANTWICKBACK AC
The Sub-Recipient hereby agrees that, unless exempt under Federal I",it will
incorporate or cause to be incorporated into any contract for construction work,or modification thereof,.
the following clause.
I, Contractor, The contractor shall comply with 18 U.S.C.§874,
40 U.S.C,§3145, and the requirements of 29 C.FR,pt.3 as may be
applicable, which are incorporated by reference into this contract.
11, Subcontracts. The contractor or subcontractor shall 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, Breach. A broach of the contract clauses above may be grounds
for termination of the contract,and for debarment as a contractor and
subcontractor as provided in 29 C.F.R.§5.12,
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(28)CONTRACT WORK HOURS AND SAFETY STANDARD
If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract
that exceeds$100,000 and involves the employment of mechanics or laborers,then any such contract
must include a provision for compliance with 40 U.S.C.3702 and 3704,as supplemented by Department
of Labor regulations (29 CFR Part 5), Under 40 U.S.C.3702 of the Act,each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U,&C.3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary,hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market,or contracts for transportation.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract
that exceeds$150,000, then any such contract must Include the following provision:
Contractor agrees to comply with all applicable standards,orders or
regulations issued pursuant to the Clean Air Act(42 U.S.C,7401-7671q)
and the Federal Water Pollution Control Act as amended(33 U,S.C.
1251-1387)and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency(EPA),
(30)SUSPENSION AND DEBARMENT
If the Sub-Recipient,with the funds authorized by this Agreement,enters into a contract,
then any such contract must include the following provisions:
1. This contract is a covered transaction for purposes of 2 C.F:R,
pt, 180 and 2 C.RR, pt. 3000, As such the contractor is required to
verify that none of the contractor,its principals(defined at 2 C.F.R.
180,995),or its affiliates(defined at 2 C,F.R.§180.905)are excluded
(defined at 2 C.F.R.§ 180.940)or disqualified(defined at 2 C.F.R.§
180,935),
H. The contractor must comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R, pt. 3000,Subpart C and must include a requirement to comply
with these regulations In any lower tier covered transaction it enters into.
Ill. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R, pt, 180,subpart C and 2 C.F.R. pt. 3000,subpart C, in
addition to remedies available to the Division,the Federal Government
may pursue available remedies, including but not limited to suspension
andlor debarment,
M The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pL 180,subpart C and 2 C.F.R, pt, 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
25
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|
if the Sub-Recipient,with the funds authorized bythis Agreement, enters��mvun�mot
- |
then any such contract must include the following clause:
�
�
Byrd—Anti-Lobbying Amendment, 31 ---'~ 1352 `— --- '' ! �
Contractors who apply or bid for an award '��
shall file | �
the c�J��n E�hW�c�0������o�v ��dw�. - ~ !
not and has not used Federal appropriated funds to pay any person or !
organization for influencing �
employee of
agency, �
Congress,
obtaining any Federal contract, grant,or any other award covered
U.S.C. § 1352. also disclose any lobbying.with non-
Federal funds that tak9s place connection with obtaining_any Federal__
award, Such disclosures are forwarded from tier to tier optothe
recipient.
If the Sub-Recipient enters Into a contract with msubcontractor for an award of$100,000
or more,the subcontractor shall sign Attachment M—Certification Regarding Lobbying.
(32)CONTRACTING WITH SMALL AND MINORITY BUSIN SSES,WOMEN'S BUSINES
ENTERPRISES,AND LABOR$URPLUS AREA FIRMS
e. If the Sub-Reoipient.with the funds authorized by this Agreement,seeks to procure
goods or services, then, in accordance with 2 CY.R.§200,321,the Sub-Recipient shall take the following
affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus
area firMa are used whenever wssible:
i Placing qualified small and minority businesses and vmonon'ebusiness
enterprises on solicitation lists;
|i Assuring that small and minority businesses,and wnman'sbusiness
enterprises are solicited whenever they are potential sources;
Iii Dividing total requirements,when econoMically LeagibIg, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,and women's business
enterprises,
iv. Establishing delivery schedules,where the requirement permit ,which
encourage participation by small and minority businesses, and women's business enterprises;
V. Using the services and assistance,as aRp[gpriate.cf such organizations an
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce;and
v|. Requiring the prime contractor, Rsubcontracts are bobe let,bo take the
affirmative steps listed in paragraphs i.throughv. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred toaa
socioeconomic contracting,'does not impose an obligation to set aside either the solicitation or award of
moontract to these types cf finne. Rather,the requirement only imposes an obligation to carry out and
document the six affirmative steps Identified mbove. .
26 �
�
964
c. The"socioeconomic contracting"requirement outlines the affirmative steps that the
Sub-Recipient must take;the requirements do not preclude the Sub-Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
d. The requirement to divide total requirements,when economically feasible,into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises,does not authorize the Sub-Recipient to break a single project down into
smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures(e.g, "project splitting").
33, ASSURANCES,
The Sub-Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUET-R97CIP,1ENT- 1Y OF MIAMI FIRE RESCUE
By:
—7
Name and Title: h r Nonega,City Manage
Date:
FID# 59-6000375
If signing electronically, By providing this electronic signature,I am attesting that I understand that electronic signatures are
legally binding and have the same meaning as haneWitten signatures,I am also confirming that internal controls have been
maintained,and that policies and procedures ware properly followed to ensure the authenticity of the electronic signature.
This statement Is to certify that I confirm that this electronic signature is to be the legally binding equivalent of my handwrItten
signature and that the data on this form is accurate to the best of my knowledge.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT I
Name and Title:Jared Moskowitz. Director
Date:
27
965
F
i
I ,
THE CITY OF MIAMI,a municipal
Corporation of the State of Florida
ATTEST:
By:
Y Todd B. Hann6n " Arthur Na iega
City Clerk City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS REQUIREMENTS
f �
By. By:
Victoria Mendez Ann-Marie Sharpe, Director
City Attorney Department of Risk Management
this signature is for subaward R0232
Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of
which so executed shall be deemed to be 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,
, 2WA
966
i
EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS
AGREEMENT:
I ,
Federal Program:Urban Araa Security Initiative(UASI) j
Federal Agency: U.S 12 padmeant of Homeland Security Federal Emergency Management
Catalog of Federal Domestic Assistance title and number: 97.06
Award amount: $14 012 600.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
Federal Program:Urban Area Security Initia ive UASI
List applleable compliance requirements as follows;
1. Sub-Recipient is to use funding to perform eligible activities as identified FY 2020 Department of Homeland
Security Notice of Funding Opportunity.
2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement or will
not be In compliance with the terms of the Agreement.
3. Sub-Recipient must comply with specific laws,rules,or regulations that pertain to how the awarded
resources must be used or how eligibility determinations are to be made.
NOTE,2 C.F.R. Part 200,and Section 215.97(5)(a),Florida Statutes,require that the information about Federal
Programs and State Projects Included in Exhibit 1 be provlded to the Sub-Recipient,
28
967
ATTACHMENT A
Program Budget
Below is a general budget which outlines eligible categories and their allocation under this award. The
Sub-Recipient is to utilize the"Program Budget" as a guide for completing the"Budget Detail Worksheet"
below.
i
The Equipment category will require Authorized Equipment List(AEL)reference number. The Authorized 1
Equipment List(AEL)is a list of approved equipment types allowed under PEMA'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
htt :/www.fema,gov/authorized-e uq_ iprnent-list.
At the discretion of the Sub-recipient, funds allocated to Management and Administration costs(as
described in the"Proposed Program Budget") may be put towards Programmatic costs instead.
However, no more than 5%of each Sub-recipient's total award may be expended on Management and
Administration costs.
The transfer of funds between the categories listed In the"Program Budget and Scope of Work"Is permitted.
However,the transfer of funds between Issues Is strictly prohibited.
0 a el Sec a • n rog a, -U "' 'ea "tt i..
sa -- - - - — ci•i :E e. @e pt}yi
Award Allocation-•Issue 45 $14,750,000.00
FY 22020-State Homeland State Management&Administration $737 500.00
Security Grant Program— City of Miami Fire Rescue withheld 5%
Urban Area Security Initiative
Issue#45 Expendable Award Allocation after 51% $14,012,500.00
reduction
LETP-Type Activities(25%of award
allocation)This amount is not In $3,687,500.00
addition to the remaining award
amount but instead signifies the
amount needed to meet the 25%
requirement.
Management and Administration
(the dollar amount which corresponds $680,500.00
to 4%of the total local agency
allocation is shown in the column on
the ri ht
01111111111
29
968
i
BUDGET DETAIL,WORKSHEET
The Sub-Recipient is required to provide a completed budget detail worksheet, to the Division,which
accounts for the total award as described in the"proposed Program Budget", ' {
If any changes need to be made to the"Budget Detail Worksheet",a er the execution of this agreement,
contact the Grant Manager listed in this agreement via email or letter,
iF5`•'tea ' `' X f'�.5�'Ftr:r a r,�7 - ; - T C I ad:
AilbK+able P� rtp�ng Cosfs , ,{ s t�, f ,C1(Janfr (; ,l#nit G st` ^ 5`' ,TaYa Cast UIJ#r
ut,
Developing hazard/threat-specific annexes that
incorporate the range of prevention, protection, i
response,and recovery activities —
Developing and implementing homeland security support
programs and adopting ongoing DHSIFEMA national
initiatives
Developing related terrorism and other catastrophic
event prevention activities
Developing and enhancing plans and protocols
Grass-Cutting—Planning (Manning,Training and 1 $663,433.00 $563,433.00 5
Exercise); Line Item 2020-05
Developing or conducting assessments
Protection Cybersecurity(Cybersecurity Threat
Assessments to Include Election Security); Line item 1 $266,500.00 $266,600.00 1
2020-01
Soft Target/Crowded Places—Protection—Risk
Management for Protection programs 1 $50,000.00 $50,000.00 2
(RisklVulnerability Assessment of Cl for Election,
Security); Line item 2020-02
Hiring of full or part-time staff or contractorslconsultants
to assist with planning activities(not for the purpose of
hiring public safety personnel fulfilling traditional public
safety duties
Protection—Cybersecurity(Cybersecurity Response 1 $37,760.00 $37,760.00 1
Plans and Exercises); Line Item 2020-01
Intel&Info Sharing—Prevention--Intelligence and 1 $62,000,00 $62,000.00 3
Information Sharing (LPR Analyst);Line Item 2020.03
Intel&Info Sharing—Prevention--Intelligence and w
Information Sharing(Metadata Planner); Line item 1 $43,000.00 $43,000.00 3
2020-03
Cross-Gutting w Planning (Planners and 1 $796,441.00 $796,441.00 6
Consultants); Line Item 2020-06
30
969
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1
Response—Public Health, Healthcare and EMS 1 $80,515,00 $80,515.00 7 I
(Closed POD Training Video); line Item 2020µ12
{
Materials required to conduct planning activities
Soft Target/Crowded Places—Prevention—Public
Information and Warning, Line Item 2020-02 1 $10,000.00 $10,000.00 2 ;
Traveilper diem related to planning activities
Overtime and backfiil costs(in accordance with
operational Cost Guidance) I —
Issuance of WHTi-compiiant`tribal identification cards
Activities to achieve planning inclusive of people with
disabiiities and others with access and functional needs
and limited English proficiency
Coordination with Citizen Corps Councils for public
informationleducation and development of volunteer
programs
Update governance structures and processes and plans
for emergency communications
Development, review and revision of continuity of
operations plans
Development, review and revision of the THIRAlSPR
continui of operations plans
4 ,fir F-4F.Ft�`C„a F
'CC -g�t''t; i pm
4flcsvy'a�ble,�C1rg�n}�a�tio�a��ctiv�ttes�(HSGF'and C�TP)� l �Qu�nt�ty$y
4,�+�$#�4.ti' 3r.x+_..t.�.£ ..ice..-_,. .v_.C= .:..._r.__.. ... ._,.-C. ...,_ .•.. r.+.- _b.:. _�.ep' - � .4 r�
Program management
Development of whole community partnerships
Structures and mechanisms for information sharing
between the public and private sector
implementing models, programs, and workforce
enhancement initiatives
Tools, resources,and activities that facilitate shared
situational awareness between the public and private
sectors
Operational support
.Soft TargetlCrowded Places--Protection—
Interdiction and[disruption ([operational OT); Line 1 $22,000.00 $22,000.00 2
Item 2020.02;
Utilization of standardized resource management
concepts
Responding to an increase in the threat level under the
National Terrorism Advisory System (NTAS), or needs in
resulting from a National Special Security Event
i
31
i
970
Reimbursement for select operational expenses
associated with increased security measures at critical
infrastructure sites incurred (up to 50 percent of the
allocation)
Overtime for information, Investigative, and intelligence
sharing activities(up to 50 percent of the allocation)
Hiring of new staff positions/contractors/consultants for
participation in info n-nationlintelligence analysis and
sharing groups or fusion center activities(up to 50 +
percent of the allocation)
Intel&Info Sharing—Prevention--Intelligence and
Information Sharing(Fusion Analysts);Line Item 1 $270,000.00 $270,000.00 3
2020.03
.s+,a ,�t' b
1-19,ft QRGAN�7�`ATlI AI.EXP[`,N�D��i
��ria iGy�'�
Design, Develop, Conduct and Evaluate an Exercise
Full or Part-'Time Staff or Contractors/Consultants-FUII
or part-time staff may be hired to support exercise-
related activities. Payment of salaries and fringe benefits
must be in accordance with the policies of the state or
local unit(s)of government and have the approval of the
state or the awarding agency, whichever is applicable.
The services of contractors/consultants may also be
procured to support the design, development, conduct
and evaluation of CBRNE exercises,The applicant's
formal written procurement policy or the Federal
Acquisition Regulations(FAR)must be followed,
Protection—Cybersecurity(Cybersecurity Response 1 $105,000,00 $106,000.00 1
Plans and Exercises);Lino item 2020-01
Cross-Cutting--Planning (Planning,Training and 1 $245,240.00 $245,240,00 5
Exercise); Line Item 2020-05
Overtime and backfill costs--Overtime and backflll costs,
including expenses for part-time and volunteer
emergency response personnel participating In FEMA
exercises
Implementation of HSEEP
Activities to achieve exercises Inclusive of people with
disabilities and others with access and functional needs
Travel-Travel casts(i.e,, airfare, mileage, per diem,
hotel,etc.)are allowable as expenses by employees who
are on travel status for official business related to the
planning and conduct of the exercise roject(s),
Supplies-Supplies are items that are expanded or
consumed during the course of the planning and conduct
of the exercise project(s) (e.g,, copying paper, gloves,
32
I
971
tape, non-sterile masks, and disposable protective
equipment). J
i
Interoperable communications exercises
I
I
I
Activities to achieve planning inclusive of people with j
limited English proficiency 1
i
N y }�
X e F
I
Q 7 ( if fi' � , TQ Ir fS� 3 s N j
1 K, ty�ti
Overtime and backfifl for emergency preparedness and
response personnel attending DHS/I EMA-sponsored
and approved training classes
Overtime and backfflf expenses for part-time and
volunteer emergency response personnel participating In
DHS/FEMA training
Training Workshops and Conferences
Protection—Cybersecurity(Trainings);Line item 1 $10,000.00 $10,000.00 1
2020-01
Response—On Scene Security, Protection and LE 1 $45,726.00 $45,726.00 7
(SWAT Specialty Unit Training); Line item 2020-11
Activities to achieve training inclusive of people with
disabilities and others with access and functional needs
and limited English proficiency
Full or Part-Time Staff or Contractors/Consultants
Soft Target/Crowded Places•-Prevention M Public 1 $20,130.00 $20,130,00 2
Information and Warning; Llne Item 2020-02
Crass-Cutting—Planning(Traln'ing Classes); Line 1 $171,823,00 $171,823.00 6
item 2020.06
Travel
Supplies are items that are expended or consumed
during the course of the planning and conduct of the
exercise project(s)(e.g., copying paper, gloves, tape,
non-sterile masks, and disposable protective equipment).
Instructor certificationlre-certification
Coordination with Citizen Corps Councils in conducting
training exercises
Interoperable communications training
Activates to achieve training inclusive people with limited
English proficiency
Immigration enforcement training
a 5.tea .7
33
972
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i
Eligible Equipment Acquisitioin'Costs
The table below highlights the alio*able:equipmerit
categories for this award .A cohiprehe.nsive listing of
these allow able e04ment categories,:and specific Quantity Unit Cost Total Cast 1.1#
equipment eligible under each category;are 11sted'on the j
Web-based:version ofi ih''Author!zed.Equipment L[i i
.(AEL)at http:l/www,fema.yov author!zed---ee uipg ek-list.
personal`p--ote'c#iye eg4aigr�ent
Response--On Scene Security, Protection and LE
(MCI Equipment);Line item 2020-11;AEL#01LE-01- 1 $170,325.00 $170,325.00 7
SHLD,01LE-01-HLMT,09TR-01-CISM, 09MS-04- -
BAND 09TR-01-MKIT
Ez Insit�e deui�e hti#igat[on and;rerpedativn a U� rr5enf �. �;
Emerging Threats--Prevention-Interdiction and
Disruption(Bomb Team Equipment); Line Item 2020- 1 $116,000.00 $115,000.00 4
04;AEL#02EX-02-TLPS,02PE-01-BSUT,02E'X-02-
TLRO
Emerging Threats-Prevention-Screening,Search
and Detection(EOD Detectors); Line item 2020-04; 1 $94,650,00 $94,650.00 4
AEL#02EX-02 SCRAP,02E,X-00w1513IN~, 21GN-00-MAIN
CBRN, operatii�nal ser�h an fescue oquJpment
Soft Targot/Crowded Places--Prevention-
Screening,Search and Detection(LPR Systems);
Line item 2020-02;AEL#030E-01-ALPR; 12TR-00- 1 $766,494.00 $766,494.00 2
TEQP;13LE-00-SURV,04AP-02-AVLS; 21GN-00-SHIP;
21 GN-00-INST
Soft Target/Crowded Places-Prevention-
Screening,Search and Detection(Surveillance 1 $166,807,00 $166,807.00 2
Platforms); Line item 2020-02;AEL#030E-07-ROVL
Emerging Threats-Prevention--Interdiction and
Disruption(Robots); Line Item 2020.04;AEL#030E- 1 $566,911.00 $586,911.00 4
07-ROBT,030E-07-UMVS,02EX-01-XRAP, 02PE-02-
BSUT
Response-Mass Search and Rescue 0ps (TRT
Equipment); Line Item 2020-10; AEL#03SR-02-TPHY,
03SR42-TPEL,09ME-05-LITR,030E-05-ROPH,06CP- 1 $164,237.00 $164,237.00 7
03-1COM,03SR-03-SCAM,01AR-01-SCBC,030E-05-
ROPE,01UR-01-HLMT,06CP-03-PRAG, 030E-01-
CTAC
Response-Mass Search and Rescue Ops(Sonar);
Line item 2020-10;AEL#03WA-02-SONR,04HW-01- 1 $34,676,00 $34,675.00 7
INHW
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Response-On Scene Security and LE (Night Vision); 1 $459,363.00 $459,363.00 7
Line item 2020-11;AEL#03OE-02-TILA
Response-Situational Assessment(SUAS); Line 1 $175,OOQ.00 $175,p00.00 7
item 202043;AEL#030E-07-SUAS
- I
i
Response Communications-Interoperable
Communications (Mobile Message Boards); Line item 1 $40,000.00 $40,000.00 8
2020.14;AEL#030E-03-SIGN
Infomlaort techpaogy. h
Intel&Into Sharing-Prevention-Intelligence and -
Information Sharing (GIS Dashboard for Fusion 1 $162,713.00 $152,713.00 3
Center); Lane Item 2020-03;AEL#04AP-03-GISS
Intel&Info Sharing-Prevention-Intelligence and
Information Sharing (Real Time Crime Center Build 1 $269,293.00 $269,293.00 3
Out); line item 2020-03; AEL#04HW-01-INHW
Cross-Cutting-Operational Coordination(ICS ^
SoftwareMobEOC); Line Item 2020-06;AEL#04HW- 1 $277,876.00 $277,876.00 5
01-INHW,04SW-04-NETW,04AP-05-CDSS,04AP-01-
CADS,04AP-03-GISS
:Response-Situational Assessment(GIS System for
Fire); Line item 2020.13;AEL#04AP-03-GISS,04HW- 1 $34,605.00 $34,605.00 7
01-INHW,04MD-03-DISP
_��yktersecunEy efithan�omenfi egUiptr�ent;' -
Protection-Cybersecurity(Cybersecurity Threat
Assessments to Include Election Security and 1 $16,1WOO $16,160,00 1
software);Line Item 2020-01; AEL#05NP-00-IDPS
Protection-Cyborsecurity (Cybersocurity
Equipment); Line Item 2020-01;AEL#05NP-00-IDPS, 1 $338,955.00 $338,955.00 1
OSHS-00-MALW;05NP-00-1FWAL
Inteioperbi csrY�rnunlation$equipment
Response Communications-Interoperable
Communications(Interoperable Comms); Lino item
2020-14;AEL#06CP-01-PORT,06CP-03-13RAG, 1 $1,385,591.00 $1,385,591.00 8
04HW-01-INHW 10BG40-BATT,06CP-01-MOBL,
21GN-00-INST,06CP-02-BRDG,06CC-03-SATB,06P-
01-REPT,I2TR-00-TEQP
:`�atection�qupi��nt
Emerging Threats-Prevention-Screening,Search
and Detection (Hazmat Detectors), Line item 2020-04; 1 $200,240.00 $200,240.00 4
AEL#07RD-02-PRDA, 07RD-02•HHSM
�Deco��tamrnatis�n F`qu�prrtent ;� _
35
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MedJcai supplies
I
Panfe equipmen#(greratdrs<:batteries,power'cells)
CI RN Refs"r.'.i rice;Nlaterials : .
CSRtJt=IncldonE Response Velicleg
Soft Target/Crowded Places—Prevention--
Screening,Search and Detection (Surveillance q $30ti,776.00 $306,776,00 2
Vehicles); Line item2020-02;AEL#12VE-00-MISS; —
04HW-01-1NHW;04MO-01-VCAM; 04AP-02-DGPS
Response--Critical Transportation (Response
Vehicles),Line Item 2020-09;AEL#12 VE-00-CMDV, 1 $788,877.00 $788,877,00 7
12VE-00-MISS
Terrerar,Incsd'srat�# reuenklcn i~gaa�pmrit
Soft Target/Crowded Places--Prevention--
Screening,Search and Detection (Surveillance 1 $63,760.00 $63,760.00 2
Equipment); Line Item 2020.02; AEL#131_E-00-SURV
Response Communications--Interoperable
Communications(Emergency Notification System); 1 $47,698.00 $47,698.00 8
Line itern 2020-14;AEL#131T-00-ALRT
Fhys�eat'S�ouct�t*nharcemer�ts>~ ur rar�h# '`
�q p
Soft Target/Crowded Places--Protection--Access
Control and Identity Verification(Access Carr)
Readers and Credentialing Systems); Line item 2020- 1 $237,763.00 $237,763.00 2
02;AEL#14SW-01-VIDA, 14SW01-PACS,21GN-00-
INST,21GN-00-CN ST,04HW-014NHW,04AP-06-CRED
Soft Target/Crowded Places—Protection--Physical
Protective Measures(CCTV Systems); Line item
2020-02;AEL#14 SW-01-VIDA, 14SW01-PACS,21GN- 1 $1,394,946.00 $1,394,946,00 2
00-INST,04Ma-03-DISP,04HW-01-INHW, 14SW-01-
ALRM,IOGE-00-GENR;21GN-00.ONST; 21GN-00-
MA1N
Soft TargetlCrowded Places—Protection—Physical
Protective Measures(Portable Vehicle Barriers); Line 1 $240,000.00 $240,000.00 2
Item 2020-02;AEL#14SW-01-WALL
Emerging Threats—Prevention—Interdiction and
Disruption(Maritime Radar); Line item 2020-04; AEL 1 $150,382.00 $160,382.00 4
#14SW-02-RADR
Recovery—Infrastructure System(E911 Backup 1 $20,000.00 $20,000.00 8
Ethernet);Line item 2020-16;AEL#14CI-01-COOP
36
975 j
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Inspection and Screening Systems
Soft Target/Crowded Places—Protection--Physical
Protective Measures(Magnometers); Line item 2020- 1 $36,000.00 $36,000.00 2
02; AEL#15SC-00-PPSS
Animal Care and Foreign Animal Disease
CSRN�l�reuectt:aon ar�tl,Response watercraft
Response—Critical Transportation(Response 1.,.. $33i"i,000.00 $336,000.00 7
Vessels),Lino item 2020-09;AEL#17WC-00-BOAT
CBRNE Aviation' Equipment
L
C8�2t�E Logs#ical SGippart l~gtiipment .; ;:'
Ir�tci2tibr� qupmori (e g>tactical entry came scane'prpcesrric�)
Emerging Threats—Prevention—forensics and
Attribution(Laser Scanner for Crime Scene 1 $43,166.00 $43,166.00 4
Recreating);Line item 2020-04; AEL#20CS-02-UVLT
Critical`emergency supplies
Other apthor)xet!eq�alprr7ent costs(incltade any ci nstrUctign ar renovatton hosts I thls category,Written approvaE must be
proGided,try FEh_ prtar to theheiise ofi aiiy funds;for constri#otion:ar renovation)
Intel &Info Sharing Prevention—intelligence and
Information Sharing(fusion Center Operations); Line 1 $240,000.00 $240,000.00 3
item 2020-03; AEL#04HW-Oi-INHW,131T-00-INTL;
131T-00-ALRT
Cross-Cutting—Operational Coordination(EOC
Enhancementlsustainment);Line item 2020-06;AEL
#04HW-01-INHW,21GN-00-OCEO,04AP-05-CDSS,
13IT-00-ALRT,04AP-01-CADS,04MD-02-PROJ,
04HW-01-I-IHCD,06CP-05-VCON,06CP-01-PORT, 1 $583,009.00 $583,009.00 5
04MD-03-DISP,2IGN-00-CNST,21GN-00-MAIN,06CC-
03-SATs,06CC-03-SATP,06CC-04-SADS,06CC-01-
CELL, I4SW-01-PAC S,14C1-00-COOP,21GN-00-INST,
04 HW-01-CABL,07SE-03-1=NVS,06CC-05-PRTY,
06CC-02-D aAD
Mitigation—Community Resilience(CERT Planning,
Training and Equipment); Line Item 2020-07; AEL 1 $490,700,00 $490,700.00 6
21GN-00-C+CEQ, 19GN-00-I3GPK,21CR-00-MEDI,
06CP-01-PORT
Mitigation Long Term Vulnerability Reduction
(Maintenance and Sustainment); Line item 2020-08; 1 $277,471.00 $277,471.00 6
AEL#21 GN-00-MAIN
TOTAL EQUIPMENT EXPENDITURES $4iJ,682,442.bb.
37
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i
Hiring of full-time or part-time staff or
c on tracto rslco n s u lta n ts:
to assist with the management of the respective grant j
program;application requirements, and compliance with j
reporting and data collection requirements I
M&A Salary personnel, Line item 2020-16 1 $500,000,00 $600,000.00
Development of operating plans for information collection
and processing necessary to respond to AHS/FEMA data i
calls
Overtime and backfill costs—Overtime expenses are
defined as the result of personnel who worked over and
above 40 hours of weekly work time In the performance
of FEMA—approved activities within the scope of this
grant. Backfill Costs also called"Overtime as Backfill"are
defined as expenses from the result of personnel who
are working overtime in order to perform the duties of
ether personnel who are temporarily assigned to t=EMA--
approved activities outside their core responsibilities.
Neither overtime nor backfill expenses are the result of
an increase of Full—Time Equivalent(FTEa)employees,
Travel expenses
M&A Travel,Line item 2020-16 1 $10,500.00 $10,500.00
Meeting-related expenses
Authorized office equipment: including personal
computers, laptop computers, printers, LCa projectors,
and other equipment or software which may be required
to support the implementation of the homeland security
strategy.
Office Supplies,Line item 2020-16 1 $25,000.00 $26,000.00
The following are allowable only within the agreement
period:
Recurring fees/charges associated with certain
equipment, such as cell phones,faxes. Leasing andlor
renting of space for newly hired personnel to administer
programs within the grant program,
Recurring Expenses(Fedex,storage fees,etc), line
item 202046 1 $25,000,00 $25y000A0
TOTAL AWARD EXPENDITURES $14,012,600
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ATTACHMENT B
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SCOPE OF WORK
I
Sub-Recipients must comply with all the requirements in 2 C,F.R. Part 200(Uniform Administrative- I
Requirements,Cost Principles,and Audit Requirements for Federal Awards),
Funding is provided to perform eligible activities as identified in the Domestic Homeland Security—
Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2020 Homeland
Security Grant Program(HSGP), consistent with the Department of Homeland Security State Strategy,
Eligible activities are outlined in the Scope of Work for each category below:
I. Issue and Project Description
Issue 46,The Urban Area Security Initiative(UASI)has allowable Management and
Administration(M&A)costs associated with it.The Division of Emergency Management,as the
designated State Administrative Agency,will retain five(5)percent of the total UASI amount
allocated to Florida for M&A purposes.These funds will provide the SAA with the means to
manage and administer the UASI grant.The proper management and administration of these
funds ensures that each project listed will be fulfilled,or partially fulfilled,more efficiently while
remaining in compliance with the OHS Federal Fiscal Year 2020 Homeland Security Grant
Program Guidance.
11, Categories and Eligible Activities
FY 2020 allowable costs are divided into the following categories for this agreement: Planning,
Organizational, Exercise,Training, Equipment and Management and Administration. Each
categores allowable costs have been listed in the"Budget Detail Worksheet'above.
A. Allowable Planning Related Costs
HSGP funds may be used for a range of emergency preparedness and management planning activities
such as those associated with the development, review,and revision of the THIRA,SPR,continuity of
operations plans,and other planning activities that support the Goal and placing an emphasis on updating
and maintaining a current EJP that conforms to the guidelines outlined in CPC 101 v 2.0,
• Developing hazard/threat-specific annexes that incorporate the range of prevention,
protection, response, and recovery activities;
N Developing and Implementing homeland security support programs and adopting DHS/FEMA
national Initiatives;
f Developing related terrorism and other catastrophic event prevention activities;
w Developing and enhancing plans and protocols;
Developing or conducting assessments;
• Hiring of full-or part-time staff or contract/consultants to assist with planning activities(not for
the purpose of hiring public safety personnel fulfilling traditional public safety duties);
a Materials required to conduct planning activities;
• Travel/per diem related to planning activities;
* Overtime and backfill costs(in accordance with operational Cost Guidance);
Issuance of WI*ITI-compliant Tribal identification card;
Activities to achieve planning inclusive of people with disabilities;
• Coordination with Citizen Corps Councils for public information/education and development of
volunteer programs;
e Update governance structures and processes and plans for emergency communications;and
• Activities to achieve planning inclusive of people with limited English proficiency,
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....W.._..._..._.._
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B. Allowable Organization Related Costs HSGP and UASI Only)
g ( y)
Sub-Recipients proposed expenditures of SHSP or UASi funds to support organization activities include:
I
• program Management;
• Development of whole community partnerships,through groups such as Citizen Corp
Councils;
• Structures and mechanisms for information sharing between the public and private sector;
• Implementing models, programs, and workforce enhancement initiatives to address
ideologically inspired radicalization to violence in the homeland;
• Tools, resources, and activities that facilitate shared situational awareness between the
public and private sectors;
• Operational Support;
• Utilization of standardized resource management concepts such as typing,inventorying,
organizing,and tracking to facilitate the dispatch,deployment, and recovery of resources
before, during,and after an incident;
• Responding to an Increase in the threat level under the National Terrorism Advisory System
(NTAS)or needs resulting from a National Special Security Event; and
• Paying salaries and benefits for personnel to serve as qualified Intelligence Analysts. Per the
Personnel Reimbursement for Intelligence Cooperation and Enhancement(PRICE)of
Homeland Security Act, Pub. L. No. 110-412, §2,codified in relevant part,as amended,at 6
U.S.C.§609(a), HSGP and UASI funds may be used to hire new staff and/or contractor
positions to serve as Intelligence analysts to enable inform ationlintelligence,sharing
capabilities, as well as Support existing intelligence analysts previously covered by HSGP or
UASI funding,See 6 U,S.C, §609(a).To be hired as an intelligence analyst, staff and/or
contractor personnel must meet at least one of the following criteria:
•Complete training tc ensure baseline proficiency In intelligence analysis and production
within six months of being hired;and/or,
d Previously served as an intelligence analyst for a minimum of two years either in a
federal intelligence agency,the military,or state and/or local law enforcement intelligence
unit.
Intelligence,Analyst Activities Allowable Costs(HSGP and UASI)
All fusion center analytical personnel must demonstrate qualifications that meet or exceed
competencies identified in the Common Competencies for state, local, and tribal Intelligence
Analysts,which outlines the minimum categories of training needed for intelligence analysts, A
certificate of completion of such training must be on file with the SAA and must be made available
to the recipient's respective FEMA HQ Program Analyst upon request. States and Urban Areas
must justify proposed expenditures of HSGP or UASI funds to support organization activities
within their IJ submission,All SAAs are allowed to utilize up to 60 percent(50%)of their HSGP
funding and all Urban Areas are allowed up to 50 percent(50%)of their UASI funding for
personnel costs,At the request of a Sub-Recipient of a grant,the FEMA Administrator may grant
a waiver of the 50 percent(50%) limitation noted above. Request for waivers to the personnel
cap must be submitted by the SAA to GPD in writing en official letterhead,with the following information:
•Documentation explaining why the cap should be waived;
•Conditions under which the request is being submitted;and
•A budget and method of calculation of personnel costs both in percentages of the grant award
and in total dollar amount. To avoid supplanting issues,the request must also include a three-
year staffing history for the requesting entity.
Law Enforcement Terrorism Prevention (LETP)Activities Allowable Costs(HSGP and UASI)
LETP Activities eligible for use of LETPA focused funds include but are not limited to:
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• Maturation and enhancement of designated state and major Urban Area fusion centers,
including Information sharing and analysis,threat recognition,terrorist interdiction, and i
training/hiring of intelligence analysts; j
• Coordination between fusion centers and other analytical and investigative efforts including,
but not limited to Joint Terrorism Task Forces(JTTFs), Field Intelligence Groups(FIGS), High
Intensity Drug Trafficking Areas(HIDTAs), Regional Information Sharing Systems(RiSS)
Centers, criminal intelligence units,and real-time crime analysis centers; i
• Implementation and maintenance of the Nationwide SAR Initiative, including training for front
line personnel on identifying and reporting suspicious activities;and
• 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
increase the sharing of information with public and private sector partners, including nonprofit
organizations.
• Note: DFIS requires that all public and privates sector partners wanting to
implement and/or expand the DHS"if You See Something,Say Something®"
campaign using grant funds work directly with the DNS Office of Partnership and
Engagement(OPE)to ensure all public awareness materials(e.g.,videos,
posters,tri-folds,etc.)are consistent with the DHS's messaging and strategy for
the campaign and compliant with the initiative's trademark,which is licensed to
DHS by the New York Metropolitan Transportation Authority, Coordination with
OPE,through the Campaign's Office(seesay@hq.dhs,gov),must be facilitated
by FEMA.
• increase physical security,through law enforcement personnel and other protective
measures, by implementing preventive and protective measures at critical infrastructure site
or at-risk nonprofit organizations; and
• Building and sustaining preventive radiological and nuclear detection capabilities, including
those developed through the Securing the Cities initiative,
Organizational activities under HSGP and UASI include:
Operational Overtime Costs. In support of efforts to enhance capabilities for detecting, deterring,
disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs
are allowable for increased protective security measures at critical 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 in the authorized categories cited below:
• Backfill and overtime expenses for staffing State or Major Urban Area fusion centers;
• Hiring of contracted security for critical infrastructure sites;
• Participation in Regional Resiliency Assessment Program(RRAP)activities;
• Public safety overtime;
•Title 32 or State Active Duty National Guard deployments to protect critical infrastructure sites,
Including all resources that are part of the standard National Guard deployment package(Note:
Consumable costs,such as fuel expenses, are not allowed except as part of the standard
National Guard deployment package);
• Increased border security activities in coordination with CBP;
• National Terrorism Advisory System;
• National Security Events;
• Special Event Assessment Rating(SEAR) Level 1 through 4 Events
•States of Emergency;
• National Critical Infrastructure Prioritization Program (NCIPP);
• Directed Transit Patrols;and
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+Operational Support to a Federal Agency.
Operational Overtime Requests:
• Except for an elevated WAS alert, HSGP or UASI funds may only be spent for operational
overtime costs upon prior written approval by FEMA,The SAA must submit operational I
overtime 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 j
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 how the request meets the criteria of
one or more of the categories listed in the table above. Requests must address the threat
environment as it relates to the event or activity requiring operational overtime support and
explain how the overtime activity is responsive to the threat. _
• Post-event operational overtime requests will only be considered on a case-by-case basis,
where it is demonstrated that exigent circumstances prevented submission of a request in
advance of the event or activity.
• Under no circumstances may DHS/FEMA grant funding be used to pay for costs already
supported by funding from another federal source,
• 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 high-risk urban area.
States must provide documentation to the UAWG and DHS/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 appropriate DHS components as necessary to verify
information used to support operational overtime requests.
Personnel Costs(HSGP and UASI)
Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform allowable
HSGP planning,training, exercise, and equipment activities. Personnel may include but are not limited to
training and exercise coordinators, program managers for activities directly associated with HSGP and
UASI funded activities, intelligence analysts,and Statewide Interoperability coordinators(SWIG).
Sub-Recipients should refer to Information Bulletin No,421b,Clarification on the Personnel
Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008(Public
Law 110-412--the PRICE Act), Oct. 30,2019, HSGP funds may not be used to support the hiring of any
personnel to fulfil traditional public health and safety duties nor to supplant traditional public health and
safety positions and responsibilities.
The following definitions apply to personnel costa:
• Hiring.State and local entities may use grant funding to cover the salary of newly hired
personnel who are exclusively undertaking allowable DHS/FEMA grant activities as specified
in this guidance.This may not include new personnel who are hired to fulfill any non-
DHSIFEMA program activities under any circumstances. Hiring will always result in a net
increase of Full Time Equivalent(FTE) employees,
• Overtime.These expenses are limited to the additional costs that result from personnel
working over and above 40 hours of weekly work time as the direct result of their performance
of DHS/FEMA-approved activities specified in this guidance. Overtime associated with any
other activity is not eligible.
• Backfifl-Related Overtime.Also called"Overtime as Backfill,"these expenses are limited to
overtime costs that result from personnel who are working overtime(as identified above)to
perform the duties of other personnel who are temporarily assigned to DHS/FEMA-approved
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activities outside their core responsibilities. Neither overtime nor backfill expenses are the
result of an increase of FTE employees,
Supplanting.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 documentation certifying that a reduction In non-federal resources
occurred for reasons other than the receipt or expected receipt of federal funds,
OPSG funds may be used for domestic travel and per diem,including costs associated with the
deployment/redeployment of personnel to border areas and for travel associated with law enforcement
entities assisting other local jurisdictions in law enforcement activities(travel costs must be in accordance
with applicable travel regulations).
Organization(OPSG)
Operational Overtime Costs,OPSG funds should be used for operational overtime costs associated
with law enforcement activities in support of border law enforcement agencies for Increased border
security enhancement, Overtime pay Is for enhanced patrol for certified public safety officers,along with
limited support for other law enforcement direct support personnel(e.g„Communication
Officers/Dispatchers, non-sworn patrol pilots, etc.). Overtime shall be reimbursed consistent with the non-
federal entity's 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.
• Overtime must be worked to increase patrol capacity and be in support of identified and
approved USBP border security operations,
• The OPSG overtime hourly rate of pay will be no more than the approved overtime rate per
local law and policy and must be in accordance with applicable State and Federal
regulations.
• Exempt salaried employees may not be reimbursed for overtime unless the non-federal
entity's policy specifically allows for overtime reimbursement for these employees.
• The non-federal entity may not utilize OPSG funding to pay for an employee's overtime hours
or pay that exceeds 16 hours worked in any 24-hour period,
Personnel Gusts(OPSG):
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 FEMA Administrator(or designee)may waive the 50 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)(Z)(i).A formal OPSG personnel waiver request should:
• Be on official letterhead, include a written justification, and be signed by the local jurisdiction.
• Include a budget and method of calculation of personnel costs both in the percentage of the
grant award and in total dollar amount, reflecting the change in scope or objective to the
project.
• Include an approved Operations Order from the USBP Sector office that supports the local
jurisdiction's written justification.
• Be coordinated with the USBP Sector, SAA, and the DHS/CBP Office of the Border Patrol
(OBP).
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 documentation certifying that a reduction in non-federal resources occurred for
reasons other than the receipt or expected receipt of federal funds.
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Temporary or Term Appointments
• Sub-Recipients may utilize temporary or term appointments to augment the law enforcement
presence on the borders. However,applying funds toward hiring full-time or permanent sworn
public safety officers Is unallowable,
• OPSG-funded temporary or term appointments may not exceed the approved period of
performance.
• For OPSG purposes, temporary appointments are non-status appointments for less than one
year.
• OPSG funding for temporary or term appointments may pay for salary only. Benefits are not
allowable expenses for term or temporary employees,
• OPSG remains a non-hiring program. Appropriate uses of temporary or term appointments
Include:
• To carry out specific enforcement operations work for ongoing OPSG-funded patrols
throughout the Sector Area of Operation; -
• To staff operations of limited duration;such as OPSG-enhanced enforcement patrols
targeting specific locations or criminal activity;and,
• To fill OPSG positions in activities undergoing transition or personnel shortages and local
backfiil policies(medicallmilitary deployments).
• OPSG term and temporary appointments must have all necessary certifications and training
to enforce state and local laws.OP$G funds will not be used to train or certify term or
temporary appointments except as otherwise stated in the OPSG section of this manual and
the HSGP NOFO.
• Sub-Recipients must follow their own applicable policies and procedures regarding temporary
or term appointments.
Unallowable Costs(®PSG)
OPSG unallowable costs include costs associated with evidence collection,arrest processing,
Prosecution,and Traffic/DUi checkpoints, such as evidence documentation cameras,fingerprinting
supplies,alcohol breathalyzers,portable work lights,traffic barricades, and similar law enforcement
expenses.Additional unallowable costs also include costs associated with staffing and general IT
computing equipment and hardware,such as personal computers,fakes, copy machines,modems,etc.
OPSG is not intended as a hiring program.Therefore, applying funds toward hiring full-time or
permanent sworn public safety officers is unallowable. OPSG funding shall not be used to supplant
inherent routine patrols and law enforcement operations or activities not directly related to providing
enhanced coordination between local and federal law enforcement agencies. Finally,construction
and/or renovation costs, and exercise expenses are prohibited under OPSG.
C. Allowable Exercise belated Costs
Exercises conducted with grant funding should be managed and conducted consistent with HSEEP,
HSEEP guidance for exercise design, development,conduct, evaluation,and improvement planning is
located at https:llwww.fema.goulexer-cise, i
• Design,Develop,Conduct, and Evaluate an Exercise
• Exercise Planning Workshop
• Full-or part-time staff or contractors/consultants
• Overtime and backfill costs, including expenses for part-time and volunteer emergency
• Response personnel participating in DHsirEMA exercise
* Implementation of HSEEP
• Activities to achieve exercises inclusive of people with disabilities
• Travel
• Supplies associated with allowable approved exercises !
• Interoperable communications exercises
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Additional Exercise Information
Sub-Recipients that decide to use HSGP funds to conduct an exercises)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.Sub-Recipients are encouraged to
Invite representatives/planners Involved with other Federally mandated or private exercise activities, J
States and high risked urban areas are encouraged to share,at a minimum,the multi-year training and
exercise schedule with those departments,agencies,and organizations included in the plan.
• Validating Capabilities.Exercises examine and validate capabilities-based planning across
the Prevention,protection, Mitigation, Response, and Recovery mission areas.The extensive
engagement of the whole community, including but not limited to examining the needs and
requirements for individuals with disabilities, individuals with limited English proficiency, and i
others with access and functional needs, Is essential to the development of an effective and
comprehensive exercise program. Exercises are designed to be progressive—increasing in
scope and complexity and drawing upon results and outcomes from prior exercises and real-
world incidents—to challenge participating communities. Consistent with Homeland Security
Exercise and Evaluation Program guidance and tools, the National Exercise Program(NEP)
serves as the principal exercise mechanism for examining national preparedness and
measuring readiness. Exercises should align with priorities and capabilities identified in a
multi--year TER
Special went Planning. If a state or Urban Area will be hosting a special event(e.g., Super
Bowl, G-8 Summit),the special event planning should be considered as a training or exercise
activity for the purpose of the multi-year TER States must include all confirmed or planned
special events in the Muiti-year TER The state or Urban Area may plan to use HSGP or
UASI funding to finance training and exercise activities in preparation for those events.States
and Urban Areas should also consider exercises at major venues(e.g., arenas,convention
centers)that focus on evacuations,communications, and command and control.
• Regional Exercises.States should also anticipate participating in at least one Regional
Exercise annually.States must Include all confirmed or planned special events in the Multi-
year TEP.
• Role of Non-Governmental Elatitles in Exercises. Non-governmental participation In all
levels of exercises is strongly encouraged. Leaders from nongovernmental entities should be
included in the planning, design, and evaluation of an exercise.State, local,Tribal,and
territorial jurisdictions are encouraged to develop exercises that test the integration and use
of nongovernmental resources provided by non-governmental entities, defined as the private
sector and private non-profit,faith-based, community, participation in exercises should be
coordinated with the local Citizen Corps Councils)or their equivalent and other partner
agencies.
FDEM State Training Office conditions for Exercises:For the purposes of this Agreement,any
exercise which is compliant with HSEEP standards and contained in the State of Florida(and County or
Regional)MYTEP qualifies as an authorized exercise.The Sub-Recipient can successfully complete an
authorized exercise either by attending or conducting that exercise,
• In order to receive payment for successfully attending an authorized exercise,the Sub-
Recipient must provide the Division with a certificate of completion or similar correspondence
signed by the individual In charge of the exercise;additionally, the Sub-Recipient must
provide the Division with all receipts that document the costs Incurred by the Sub-Recipient in
order to attend the exercise.
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• in order the receive payment for successfully conducting an authorized exercise,the Sub-
Recipient must provide the Division with an ExPLAN,AAR/IP,iPC/MPC/FPC Meeting
Minutes and Sign-in Sheet for exercise attendees; additionally,the Sub-recipient must
provide the Division with all receipts that document the costs incurred by the Sub-Recipient in i
order to conduct the exercise, The Sub-Recipient must include with the reimbursement
package a separate copy of the page(s)from the Exercise Plan which Identifies the
participant agencies and a printed pages}from the State(and County or Regional)MYTE'P
reflectu7g the exercise.
• If you require foodiwater for this event, request must come to the Division within 26 days prior
to the event, in the following format:
Exercise Title:
Location: —
Exercise Date:
Exercise Schedule:
Estimated Number of Participants that will be fed:
Estimated Cost for food/water:
Description of the Exercise:
D. Allowable Training Related Costs(SHOW and UASI)
Allowable training related costs under HSGP include the establishment,support, conduct,and attendance
of training specifically identified under the HSGP and UASI programs and/or in conjunction with
emergency preparedness training by other Federal agencies(e.g.,HHS and DOT).Training conducted
using HSGP funds should address a performance gap identified through an AAR/IP or other assessments
(e.g., National Emergency Communications Plan NECP Goal Assessments) and contribute to building a
capability that will be evaluated through a formal exercise.Any training or training gaps, Including those
for children,alder adults, pregnant women,and individuals with disabilities and others who also have
access or functional needs,should be identified in the AARIIP and addressed In the state or Urban Area
training cycle.Sub-Recipients are encouraged to use existing training rather than developing new
courses.When developing new courses, Sub-Recipients are encouraged to apply the Analysis,Design,
Development,Implementation and Evaluation (ADDLE)model of instructional design,
• Overtime and backfill for emergency preparedness and response personnel attending
DFIS/FEMA-sponsored and approved training classes
• Overtime and backfill expenses for part-time and volunteer emergency response
personnel participating In DHS/FEMA training
• Training workshops and conferences
• Activities to achieve training Inclusive of people with disabilities
• Full-or part-time staff or contractors/consultants
• Travel
• Supplies associated with allowable approved training that are expended or consumed
during the course of the planning and conduct of the exercise project(s)
• Instructor certification/re-certification
• Coordination with Citizen Corps Councils In conducting training exercises
• Interoperabie communications training
Additional Training information
Per DHS/FEMA Grant Programs Directorate Policy FP 207-006-064-1,Review and Approval
Requirements for Training Courses Funded Through preparedness Grants, issued on September 9,
2013, states, territories,Tribal entities and urban areas are no longer required to request approval from
FEMA for personnel to attend non-DHS FEMA training as long as the training is coordinated with and
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approved by the state,territory,Tribal or Urban Area Training Point of Contact(TPOC)and falls within the
FEMA mission scope and the jurisdiction's Emergency Operations Plan(EOP).The only exception to this
policy is for Countering Violent Extremism courses. DHS/FEMA will conduct periodic reviews of all state, f
territory, and Urban Area training funded by DHS/FEMA.These reviews may include requests for all
course materials and physical observation of, or participation in,the funded training. If these reviews
determine that courses are outside the scope of this guidance, Sub-Recipients will be asked to repay
grant funds expended in support of those efforts, j
For further Information on developing courses using the instructional design methodology and tools that i
can facilitate the process, SAAs and TPOCs are encouraged to review the NTED Responder Training
Development Center(RTDC)website.
DHS/F'EMA Provided Training.These trainings include programs or courses developed for and
delivered by institutions and organizations funded by DHS/FEMA, This includes the Center for Domestic
Preparedness(CDP),the Emergency Management institute(EMI), and the National Training and
Education Division's(NTED)training partner programs including,the Continuing Training Grants,the
National Domestic Preparedness Consortium (NDPC)and the Rural Domestic Preparedness Consortium
(RDPC).
Approved State and Federal Sponsored Course Catalogue.This catalogue lists state and Federal
sponsored courses that fall within the DHS/FEMA mission scope and have been approved through the
FEMA course review and approval process.An updated version of this catalog can be accessed at;
www.firstresr)ondertrainina.cov.
Training Not Provided by DHSfFF.NA.These trainings include courses that are either state sponsored
or Federal sponsored(non-DHS/FEMA),coordinated and approved by the SAA or their designated
TPOC,and fall within the DHS1FlW MA mission scope to prepare state, local,Tribal,and territorial
personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or
catastrophic events.
s State Sponsored Courses.These courses are developed for and/or delivered by institutions
or organizations other than Federal entities or FEMA and are sponsored by the SAA or their
designated TPOC,
• Joint Training and Exercises with the Public and Private Sectors.These courses are
sponsored and coordinated by private sector entities to enhance public-private partnerships
for training personnel to prevent,protect against, mitigate, respond to, and recover from acts
of terrorism or catastrophic events, in addition,States, territories,Tribes,and Urban Areas
are encouraged to incorporate the private sector in government-sponsored training and
exercises.
Additional information on both DHS/FEMA provided training and other federal and state training can be
found at:www.firstres ondertralninc gov_.
Training Information Reporting System("Web-Forms"),Web-Forms is an electronic form/data
management system built to assist the SAA and its designated State,territory and Tribal Training Point of
Contact(TPOC). Reporting training activities through Web-Forms is not required under FY 2020 HSGP,
however,the system remains available and can be accessed through the FEMA Toolkit located at
httj)s://wwhr.firstrasr)ondertraiWn ovtFrt/in order to support grantees in their own tracking of training,
FDEM State Training Office Conditions; For the purposes of this Agreement,any training course listed
on the OHS approved course catalog qualifies as an authorized course. The Sub-Recipient can
successfully complete an authorized course either by attending or conducting that course.
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• in order to receive payment for successfully attending an authorized training course,the Sub-
Recipient must provide the Division with a certificate of course completion; additionally,the
Sub-Recipient must provide the Division with all receipts that document the costs incurred by
the Sub-Recipient in order to attend the course.
• In order the receive payment for successfully conducting an authorized course,the Sub- ! i
Recipient must provide the Division with the course materials and a roster sign-in sheet; ,
additionally,the Sub-Recipient must provide the Division with all receipts that document the
costs incurred by the Sub-Recipient in order to conduct the course."
• For courses that are non-DHS approved training, Sub-Recipient must request approval to
conduct training through the use of the Non-TED Form and provide a copy,along with email,
showing approval granted for conduct.
• For the conduct of training workshops, Sub-Recipient must provide a copy of the course
materials and sign-in sheets.
• The number of participants must be a minimum of 15 in order to justify the cost of holding a
course. For questions regarding adequate number of participants please contact the FDEM
State Training Officer for course specific guidance. Unless the Sub-Recipient receives
advance written approval from the State Training Officer for the number of participants,then
the Division will reduce the amount authorized for reimbursement on a pro-rata basis for any
training with less than 15 participants.
• The Sub-Recipient must include with the reimbursement package a separate copy of the
page(s)from the State(and County or Regional) MYTEP reflecting the training.
E. Allowable Equipment Related Costs(►HCP and UASI)
The 21 allowable prevention, protection, mitigation,response,and recovery equipment categories for
HSGP are listed on the Authorized Equipment List(AEL).The AEL is available at
httos://www.foma,cov/authorized-equipment-list.Some equipment items require prior approval from
DHS/FEMA before obligation or purchase of the items. Please reference the grant notes for each
equipment Item to ensure prior approval is not required or to ensure prior approval Is obtained if
necessary.Unless otherwise stated,all equipment must meet all mandatory regulatory and/or
DHS/FEMA-adopted standards to be eligible for purchase using these funds. In addition, recipients will be
responsible for obtaining and maintaining all necessary certifications and licenses for the requested
equipment.
Grant funds may be used for the procurement of medical countermeasures, Procurement of medical
countermeasures must be conducted in collaboration with Statelcity/local health departments who
administer Federal funds from HHS for this purpose. Procurement must have a sound threat-based
justification with an aim to reduce the consequences of mass casualty incidents during the first crucial
hours of a response,Prior to procuring pharmaceuticals, grantees must have in place an Inventory
management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration
dates.Grantees are encouraged to enter into rotational procurement agreements with vendors and
distributors,purchases of pharmaceuticals must include a budget for the disposal of expired drugs within
each fiscal year's period of performance for HSGP.The cost of disposal cannot be carried over to another
FEMA gram or grant period.
The equipment, goods, and supplies("the eligible equipment")purchased with funds provided under
this agreement are for the purposes specified in"Florida's Domestic Security Strategy'. Equipment
purchased with these funds will be utilized in the event of emergencies, including, but not limited to,
terrorism-related hazards. The Sub-Recipient shall place the equipment throughout the State of
Florida in such a manner that, in the event of an emergency,the equipment can be deployed on the
scene of the emergency or be available for use at a fixed location within two(2)hours of a request
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for said deployment, The Florida Division of Emergency Management(FDEM)must approve any
purchases of equipment not itemized In a project's approved budget In advance of the purchase,
The8ub-Refplent will,in accordance with the statewide mutual aid agreement or other emergency
response purpose as specified in the'Florida Domestic Security Strategy,"ensure that all equipment
purchased with these funds Is used to respond to any and all incidents within its regional response
area as applicable for so long as this Agreement remains in effect, Prior to requesting a response,
the FDEM will take prudent and appropriate action to determine that the level or intensity of the
incident is such that the specialized equipment and resources are necessary to mitigate the outcome
uf the Incident.
Allowable Equipment(OPSG)
| | �
OPSQ equipment Is Intended to be Incidental to the enhanced border security operations being �
performed, The grant is not intended to-be used,00utfit or Supply general equipment law
enforcement agencies, Equipment must be relatable to and justified by the operational benefit it will .
provide.
/
w Equipment Marking, Because equipment purchased with OPGQ funding Is Intended to
be used hu support OP8Gectivitie$ it must be appropriately marked to ensure its ready
identification and h (b that purpose.VVhenpracticable,any equipment
with 'nd|ngaheUbapruminontlymarkudaofo||owo: �
"Purchased with OHS funds for Operation StommGmnJenUse"
• Fuel Cost andior Mileage Reimbursement, There is no cap for reimbursement of fuel
and mileage costs in support of operational activities,Vehicle and Equipment
Acquisition, Including Leasing and Rentals.Allowable purchases under OPSG include
patrol cars and other mission-specific vehicles whose primary use is(oincrease
operational activities/patrols on or near a border nexus in support of approved border
security at|ODs.AdeiaUwdjVstiMoationmustbesUbmittedtothnrespmctiveFE[NA
HQ Program Analyst prior tnpurchase.
• Vehicle 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 i operations,A detailed justification must be
submitted Ln the respective FEMAHQ Program Analyst prior topurchase.
w Medical Eme en Countermeasures,`Allowable purchases under OPSG include
narcotic antagonist pharmaceuticals, detection and identification equipment,safe
storage and transportation, personnel protective equipment,and initial equipment
training, mo will ba reflected in the AEL and explained in\B438.
F. WnmDmwmbYo Costs(HSGP,U4Sl and C)P8G)
* Per FEMApolicy,the h oy weapons and weapons accessories, Including ammunition,
is not allowed with HS[9Pfunds,
• Grant funds may not be used for the purchase of equipment not approved by DHS/FEMA,
Grant funds must comply with 113 426 and may not be used for the purchase of the following
equipment:firearms;ammunition;grenade launchers; bayonets;o,wmaponbmdaircraft, �
vessels,u,vehicles o[any kind with weapons|n$taDed. �
* Unauthohzod exercise-related costs include:
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o 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. Telecommunications and Video Surveillance Restrictions
Effective August 13,2020, DHS/FEMA recipients and subrecipients may not use grant funds under the j
programs covered by this Manual and provided in FY 2020 or previous years to:
1. Procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to
procure or obtain any equipment, system, or service that uses"covered telecommunications
equipment or services"as a substantial or essential component of any system,or as critical _
technology of any system; or
2. Enter into contracts or extend or renew contracts with entities that use"covered
telecommunications equipment or services"as a substantial or essential component of any
system, or as critical technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or equipment is
mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019
(FY 2019 NDAA), Pub. L. No. 116-232(2018). Recipients and subreciplents may use DHS/FEMA.grant
funding to procure replacement equipment and services impacted by this prohibition,provided the costs
are otherwise consistent with the requirements of this Manual, applicable appendix to this Manual,and
applicable NOFO. DHS/FEMA will publish additional guidance in a subsequent Infomsation Bulletin or
similar notice.
Per section 889(f)(2)-(3)of the FY 2019 NDAA, covered telecommunications equipment or services
means;
1. Telecommunications equipment produced by Huawei Technologies Company or 2TE
Corporation, (or any subsidiary or affiliate of such entities);
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
Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or
affiliate of such entities);
3. Telecommunications or video surveillance services provided by such entities or using such
equipment;or
4. Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense,in consultation with the Director of National Intelligence or
the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by,or otherwise connected to,the People's Republic of China.
H. Critical Emergency Supplies
Critical Emergency Supplies(SHSP and UASI)Critical emergency supplies, such as shelf stable
products, water,and medical equipment and supplies are an allowable expense under SHSP
and UASL Prior to the allocation of grant funds for stockpiling purposes,each state must have
DHS/FEMA's approval of a five-year viable inventory management plan,which should include
a distribution strategy and related sustainment costs if 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 recipient and monitored by FEMA.FEMA will provide program
oversight and technical assistance as it relates to the purchase of critical emergency supplies
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under UASI.FEMA will establish guidelines and requirements for the purchase of these I
supplies under UASI and monitor development and status of the State's inventory
management plan.
1. regional Border Projects(OPSO)
i I
Subrecipients are encouraged to prioritize the acquisition and development of regional projects j
on the borders to maximize interoperability and coordination capabilities among federal agencies
and with state, local,and tribal law enforcement partners.Such regional projects include:
i
•Communications equipment:
•Radio systems and repeaters
•Integration with regional intelligence and information sharing effort(i,e,fusion centers)
o Intelligence analysts f
Situational Awareness equipment:
o License Plate Reader Networks
o Visual detection and surveillance systems
o Sensor Systems
o radar Systems(for air andlor marine incursions)
o Aircraft systems(manned or unmanned)
J. Construction and Renovation(SHSP and UASI}
Project construction using SHSP and UASI funds may not exceed the greater of$1,000,000 or
15%of the grant award. For the purposes of the limitations on funding levels, communications
towers are not considered construction.
Written approval must be provided by DHS/FCMA prior to the use of any HSCP funds for
construction or renovation.When applying for construction funds, recipients must submit
evidence of(approved zoning ordinances, architectural plans,and any other locally required
planning permits.Additionally, recipients are required to submit a SF-4240 farm with budget
detail citing the project casts.
Recipients using funds for construction projects must comply with the Davis-Bacon Act(codified
as amended at 40 U.S.C,§§3141 et seq.).Recipients must ensure that their contractors or
subcontractors for construction projects pay workers no less than the prevailing wages for
laborers and mechanics employed on projects of a character like the contract work in the civil
subdivision of the State in which the work is to be performed.Additional information regarding
compliance with the Davis-Bacon Act,including Department of Labor(DOL)wage
determinations, is available online at https://www,dol..ovf fade oveontracts/dbra.htrn,
K. Communications"towers
When applying for funds to construct communication towers,subrecipients must submit
evidence that the Federal Communication Commission's Section 106 of the National Historic
Preservation Act, Pub,L.No.89.665, as amended,review process has been completed.
L. Disposition
When original or replacement equipment acquired under a Federal award is no longer needed for the
original project or program or for other activities currently or previously supported by a Federal
awarding agency, except as otherwise provided in Federal statutes,regulations, or Federal awarding
agency disposition instructions,the Sub-recipient must request disposition instructions from FDEM
Office of Domestic Preparedness and the State Administrative Agency will request deposition
instructions from Federal awarding agency as required by the terms and conditions of the Federal
award.The Sub-Recipient shalt notify the FDEM Office of Domestic Preparedness at:2565 Shumard
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Oak Blvd.,Tallahassee, Florida 32399 one year in advance of the expiration of the equipment's
posted shelf-life or normal life expectancy or when it has been expended. The Sub-Recipient shall
notify the FDEM immediately if the equipment is destroyed, lost,or stolen.
i
M. Requirements for Small Unmanned Aircraft System(SHSP, UASI,and OPSG)
i
All requests to purchase Small Unmanned Aircraft Systems(SUAS)with FEMA grant funding must i
comply with ID 426 and IS 438 and include a description of the policies and procedures In place to
safeguard Individuals'privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take
title to or otherwise use the SUAS equipment.
N. SAFECOM
Emergency communications systems and equipment must meet applicable SAi"ECOM
Guidance. Sub-Recipients must be coordinated with the SWIG and the State Interoperability I —
Governing Body(SIGB)to ensure interoperability and long-term compatibility.
i
Q. CYEERSECURITY
i
Sub-Recipients must use HSGP funds for cybersecurity projects that support the security and
functioning of critical infrastructure and core capabilities as they relate to terrorism preparedness
and may simultaneousiy support enhanced preparedness for other hazards unrelated to acts of
terrorism.
P. Law Enforcement Readiness (SHSP,UASI,and OPSG)
OPSG grant funds may be used to increase operational, material, and technological readiness
of SLIT few enforcement agencies.The Delegation of Immigration Authority, Section 287(g)of the
Immigration and Nationality Act(INA) program allows a state or local law enforcement entity to enter
into a partnership with ICE,under a joint Memorandum of Agreement(MOA),to receive delegated
authority for immigration enforcement within their jurisdictions SHSP, UASI,or OPSG grant funds
may be requested and may be approved on a case-by-case basis for immigration enforcement
training in support of the border security mission. Requests for training will be evaluated on a case-
by-case basis and can only be used for certification in the section 287(g)program provided by
DHS/ICI=.SHSP, UASi, or OPSG Sub-Recipients with agreements under section 287(g)of the
Immigration and Nationality Act(8 U.S.C. §1357(g))to receive delegated authority for immigration
enforcement within their jurisdictions may also be reimbursed for section 287(g)related operational
activities with approval from FEMA on a case-by-case basis. For OPSG,Sub-Recipients must be
authorized by USBP Headquarters and Sectors, and operational activities must be coordinated
through a USBP Sector,
Q. Maintenance and Sustainment(SHSP,UASI, and OPSG)
The use of DHS/FEMA preparedness grant funds for maintenance contracts,warranties, repair or
replacement costs, upgrades, and user fees are allowable,as described in FEMA Policy FP 205-402-
125-1 under all active and future grant awards, unless otherwise noted, Except for maintenance plans
or extended warranties purchased incidental to the original purchase of the equipment,the period
covered by maintenance or warranty plan must not exceed the POP of the specific grant funds The
The to purchase the plan or warranty.
Grant funds are intended to support the Goal by funding projects that build and sustain the core
capabilities necessary to prevent, protect against,mitigate the effects of, respond to,and 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 policy set forth in FEMA's IB 379, Guidance to State
Administrative Agencies to Expedite the Expenditure of Certain DH5/FEMA Grant Funding, initially for
FY 2007-2011, allows for the expansion of eligible maintenance and sustainment costs which must
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be in(1)direct support of existing capabilities;(2)must be an otherwise allowable expenditure under
the applicable grant program; (3)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 in support of equipment,training,and critical
resources that have previously been purchased with either federal grant or any other source of
funding other than OHS/FEMA preparedness grant program dollars.
R. 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 for M&A costs,
M&A activities includes:
• Hiring of full-time or part-time staff or contractors/consultants;
• To assist with the management of the respective grant program.
• To assist with application requirements.
• To assist with the compliancy with reporting and data collection requirements.
Management and Administration(M&A)(OPSG)
Management and administration(M&A)activities are those directly relating to the management and
administration of OPSG funds, such as financial management and monitoring, Recipients may retain
up to 2.5%of the overall OPSG allocation prior to passing-through funding to Sub-Recipients.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; however, the total amount retained cannot
exceed 5 percent of the Sub-Recipient's subaward. Friendly forces are local law enforcement entities
that are subordinate Sub-Recipients under OPSG, in other words,friendly forces are entities that
receive a subaward from a Sub-Recipient under the OPSG program. Friendly forces must comply
with all requirements of Sub-Recipients under 2 C.RR. Part 200,
S. Procurement
r
All procurement transactions will be conducted in a manner providing full and open competition and
shall comply with the standards articulated in:
• 2 C.F.R. Part200;
® Chapter 287, Florida Statues;and,
• any local procurement policy,
To the extent that one standard is more stringent than another,the Sub-Recipient must follow the
more stringent standard. For example, If a State statute imposes a stricter requirement than a
Federal regulation,then the Sub-Recipient must adhere to the requirements of the State statute.
The Division shall pre-approve all scopes of work for projects funded under this agreement.
Additionally,the Sub-Recipient shall not execute a piggy-back contract unless the Division has
approved the Scope of Work contained in the original contract that forms the basis for the piggy-back
contract, Also, in order to receive reimbursement from the Division,the Sub-Recipient must provide
the Division with a suspension and debarment form for each vendor that performed work under the
agreement. Furthermore, if requested by the Division,the Sub-Recipient shall provide copies of
solicitation documents including responses and justification of vendor selection,
Contracts may Include:
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State Term Contract: State Term ntrmo is a contractthat is competitively procured by the
Division cf State Purchasing eligible �
users, Florida agencies anna||gmleuoeromayuma a request for quote oo obtain written pricing or /
services Information from a state term contact vendor for commodities or contractual services
i
available on a state term contract from that vendor,Use of state term contracts is mandatoryfor ,
Florida agencies|n accordance with section 287O5� FloridabatVtoo.� ' !
/
Alternate Contract Source." An Alternate Contract Source is a contract let by a federal,state,or i
local government that has been approved by the D � entof�anageman�Gemioe� based i {
~~'~ '`' ' / |
determination that the contract is cost-effective and in the best interest of the state,for use by one or '
all Florida agencies0z �h without requirement. = �
contract sources are authorized by subsection 287.042(16), Florida Statutes,as implemented by Rule. !
88A-1.045. Florida Administrative Code. / !
�
General Services Administration Schedules: mice |
Independent agency nfth United Stat Government.States,tribes,and local nto and any .
instrumentality education agencies or institutions cf higher education)may
participatein the GSA Cooperative Purchasing Program.). Refer tn the appropriate GSA Schedule �
for additional requirements, !
T. Piggybacking
The practice of procurement by one agency using the agreement of another agency is called
piggybacking. The ability to piggyback onto an existing contract is not unlimited. The existing
contract must contain language or other legal authority authorizing third parties to make purchases
from the contract with the vendor's consent. The terms and conditions of the now contract, including
the Scope of,Work,must be substantially the sarne as those of the existing contract, The piggyback
contract may not exceed the existing contract in scope or volume of goods or services, An agency
may not use the preexisting contract merely as a"basis to begin negotiations"for a broader or
materially different contract,
Section 216L971/Florida Statutes
Statutory changes enacted by the Legislature impose odd|tio a|naquinamentenn grant and Sub-Recipient
agreements funded with Federal or State financial assistance. /n pertinent part, Section 218^071(1)
states,
An agency agreement that provides state financial assistance to a Recipient or Sub-Recipient,as
those terms are defined in m. 218.07. or that provides federal financial assistance hnoSub-
Recipient,as defined by applicable United States Office of Management and Budget circulam,
must Include all of the following:
• A provision specifying a Scope of Work that clearly establishes the tasks that the
Recipient nr Sub-Recipient is required toperform.
* A provision dividing the agreement into quantifiable units of deliverables that must be
received and accepted In writing by the agency before payment. Each deliverable must
be directly related bo the Scope of Work and specify the required minimum level o[
service to be performed and the criteria for evaluating the successful completion of each
deliverable,
� A provision specifying the financial consequences that apply if the Recipient or Sub-
Recipient falls to perform the minimum level of service required by the agreement, The
provision can boexcluded from the agreement only/f financial consequences are
prohibited by the federal agency awarding the grant.Funds refunded to a state agency
from a Recipient or Sub-Recipient for failure to perform as required under the agreement
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may be expended only in direct support of the program from which the agreement i I
originated.
A provision specifying that a Recipient or Sub.-Recipient of federal or state financial
assistance may expend funds only for allowable costs resulting from obligations incurred
during the specified agreement period.
A provision specifying that any balance of unobligated funds which has been advanced or
paid Must be refunded to the state agency.
0 A provision specifying that any funds paid in excess of the amount to which the Recipient
or Sub-Recipient is entitled under the terms and conditions of the agreement must be
refunded to the state agency,
0 Any additional information required pursuant to s.216-97.
U. Unique Entity Identifier and System for Award Management(SAM)
Sub-Recipients for this award must:
0 Be registered in SAM;
* Provide a valid DUN$number;and
9 Continue to maintain an active SAM registration with current information at all times during
which it has an active federal award.
V. Reporting Requirements
1. Quarterly Programmatic(Reporting;
The Quarterly Programmatic Report is due within thirty(30)days after the end of the reporting
periods(March 31, June 30, September 30 and December 31)for the life of this contract.
• If a report(s) is delinquent,future financial reimbursements will be withheld until
the Sub-Recipient's reporting is current.
* If a report goes two(2)consecutive quarters without Sub-Recipient reflecting any
activity and/or no expenditures will likely result in termination of the agreement.
Programmatic Renorting Schedule
eportinq orlod Report du®to FDEM no later than
January I through March 31 April 30
April 1 through June 30 July 31
July 1 through September 30 October 31
October I through December 31 January 31
2. Programmatic Reporting-Biannual Strategic Implementation Report(BSIR):
After the end of each reporting period,for the life of the contract unless directed otherwise,the
SAA,will complete the Biannual Strategic Implementation Report in the Grants Reporting Tool
(GRT)bftps://ww reportina,odpAhs-noy. The reporting periods are January 1-June 30 and
July 1-December 31. Data entry Is scheduled for December I and June I respectively. Future
awards and reimbursement may be withheld if these reports are delinquent.
3. Reimbursement Requests:
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A request for reimbursement may be sent to your grant manager for review and approval at any
time during the contract period. Reimbursements must be requested within ninety(90)calendar
days of expenditure of funds,and quarterly at a minimum, Failure to submit request for
reimbursement within ninety(90)calendar days of expenditure shall result in denial of
reimbursement. The Sub-Recipient should include the category's corresponding line item
number in the"Detail of Claims"form. This number can be found in the"Proposed grogram
Budget". A line item number is to be included for every dollar amount listed in the"Detail of
Claims"form.
4. Ctos"ut Programmatic Reporting:
The Close-out Deport is due to the Florida Division of Emergency Management no later than sixty
(60)calendar days after the agreement is either completed or the agreement has expired.
5. Administrative Closeout
An administrative closeout may be conducted when a recipient is not responsive to the Division's
reasonable efforts to collect required reports,forms,or other documentation needed to complete
the standard award and/or closeout process. FUEM will make three written attempts to collect
required information before initiating an administrative closeout, if an award is administratively
closed,FDEM may decide to impose remedies for noncompliance per 2 C.F.I .§200.338,
consider this information in reviewing future award applications, or apply special conditions to
existing or future awards,
W. Programmatic Point of Contact
Contractual Point of Contact Programmatic Point of Contact
Kizzy K.Caban Amy Garmon
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd.
Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100
(850)815-4348 (850)8154356
Klzz .Caban em.m fiorida.ccm Am .Garmon em.m florida.com
X Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in Scope of Work.
* The FDEM shall administer the financial processes.
Y. Failure to Comply
Failure to comply with any of the provisions outlined above shall result in disallowance of
reimbursement for expenditures.
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ATTACHMENT C
DELIVERABLES AND PERFORMANCE
State Homeland Security Program(H5GP):HSGP supports the implementation of risk driven,
capabilities-based State Homeland Security Strategies to address capability targets set In Urban Area,
State, and regional Threat and Hazard Identification and Risk Assessments(THIRAs).The capability
levels are assessed in the State Preparedness Report(SPR)and Inform planning,organization,
equipment,training, and exercise needs to prevent, protect against, mitigate,respond to,and recover
from acts of terrorism and other catastrophic events, i
Planning Deliverable:Subject to the funding limitations of this Agreement,the Division shall reimburse
the Sub-Recipient for the actual cost of successfully completing Planning activities consistent with the I
guidelines contained in the Comprehensive Planning Guide CPG 101 v,2. For additional information, —
please see hftp.,I/www.fetna.aov/odf/about/diviiions/nD6/CPG 101 V2,pdf or grant guidance(Notice of
Funding Opportunity). For the purposes of this Agreement,any planning activity such as those associated
with the Threat and Hazard identification and Risk Analysis(THIRA), State Preparedness Report(SPR), I
and other planning activities that support the National Preparedness Goal(NPG)and place an emphasis
on updating and maintaining a current Emergency Operations Plan (EOP) are eligible. The Sub-Recipient
can successfully complete a planning activity either by creating or updating such plan(s),
Organization Deliverable. Subject to the funding limitations of this Agreement,the Division shall
reimburse the Sub-Recipient for the actual eligible costs for Personnel, Intelligence Analysts,Overtime
and Operational Overtime,
(Exercise Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse
the Sub-Reciplent for the actual cost of successfully completing an exercise which meets the Department
of Homeland Security Homeland Security Exercise and Evaluation Program(HSEEP)standards and is
listed in A)the State of Florida Multi-Year Training & Exercise Plan(MYTEP),and B)County or Regional
TEP for the region in which the Sub-Recipient is geographically located, information related to TEPs and
HSEEP compliance can be found online at; https://www.ilis,dhs,gov/hseep. For the purposes of this
Agreement, any exercise which is compliant with HSEEP standards and contained in the Stata of Florida
MYTEP qualifies as an authorized exercise. The Sub-Recipient can successfully complete an authorized
exercise either by attending or conducting that exercise,
Training Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse
the Sub-Recipient for the actual cost of successfully completing a training course listed on the
Department of Homeland Security(DHS)approved.course catalog. For non-DHS approved courses the
Sub-Recipient shall obtain advance FDEM approval using the Non-TED form by contacting their grant
manager. The DHS course catalog is available online at: httv://traInIna,fema.gov/.ema.gov/. For the purposes of
this Agreement,any training course listed on the DHS approved course catalog qualifies as an authorized
course. The Sub-Recipient can successfully complete an authorized course either by attending or
conducting that course.
Equipment Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse
the Sub-Reclpient for the actual cost of purchasing an item identified in the approved project funding
template and budget of this agreement and listed on the DHS Authorized Equipment List(AEL). For the
purposes of this Agreement,any item listed on the AEI..qualifies as an authorized Item, The 21 allowable
prevention,protection, mitigation, response, and recovery equipment categories and equipment
standards for HSGP are listed on the web-based version of the Authorized Equipment List(AEL)on the
Lessons Learned Information System at http://beta.fema.gov/authorized-eguioment-list. In addition,
agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the
requested equipment,
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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, f
Costs for allowable items will be reimbursed if incurred and completed within the period of �
performance,in accordance with the Budget and Scope of Work,Attachments A and B of this
agreement.
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ATTACHMENT D
Program Statutes and Regulations
1) Aga Discrimination Act of 1975 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 Statutes
5) Chapter 252, Fiarida Statutes
6) Title VI of the Civil Rights Act of 1964 42 U.S.C, §2000 of seq,
7) Title Vill of the Civil Rights Acts of 1968 42 U.S.C.§3601 et seq.
8) Copyright notice 17 U.S.C. §§401 or 402
9) Assurances,Administrative Requirements, Cast Principles, Representations and Certifications
2 G.F.R. Part 200 l —
10) Debarment and Suspension Executive Orders 12549 and 12689
11) Drug Free Workplace Act of 1988 41 U.S.C. §701 et 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) False Claims Act and Program Fraud Civil Remedies 31 U.S,C.§3729-3733,also 31 U.S.C, §
3801-3812
15) Fly America Act of 1974 49 U,S.C. §41102 also 49 U,S.C.§40118
16) Hotel and Motel Fire Safety Act of 199015 U.S.C.§2225a
17) Lobbying Prohibitions 31 U.S,C. § 1352
18) Patents and Intellectual Property Rights 35 U.S.C. §200 et seq.
19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act
20) Terrorist Financing Executive Order 1$224
21) Title IX of the Education Amendments of 1972(Equal Opportunity in Education Act)20 U.S.C. §
1681 at seq.
22) Trafficking Victims Protection Act of 2000 22 U.S.C.§7104
23) Rehabilitation Act of 1973 Section 504,29 U.S.C.§794
24) USA Patriot Act of 200118 U.S.C, § 175-172c
25) Whistleblower Protection Act 10 U.S,C.§2409,41 US.C, §4712,and 10 U,S.C.§2324,41
U.S.C, §4304 and§4310
26) 53 Federal Register 8034
27) Rule Chapters 27P-6,2713W11,and 27P-19, Florida Administrative Code
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ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT:
If you are requesting an advance, indicate same by checking the box below. i
j ]ADVANCE REQUESTED
I '
Advance payment of$ is requested, Balance of payments will be made on a reirubarsement basis. These
funds are needed,to pay staff;award bene Its to clients,duplicate forms and purchase startup supplies and equipment. We I
would not be able to operate the program without this a.dvanoe, I
If you are requesting an advance,complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS Fiscal Year 2020 Anticipated Expenditures for
(list applicable line Items) First Three Months of Contract
For example
ADMINISTRATIVE COSTS.
For example
PROGRAM EXPENSES:
TOTAL..EXPENSES.
LINE ITEM JUSTIFICATION (For each line item,provide a detailed Justification explaining the need for the
cash advance. The justification must Include supporting documentation that clearly shows the advance will
be expended within the first ninety(90)days of the contract term. Support documentation should include,but
is not limited to the following: quotes for purchases,delivery timelines,salary and expense projections,etc.to
provide the Division reasonable and necessary support that the advance will be expended within the first
ninety(90)days of the contract term. Any advance funds not expended within the first ninety(90)days of the
contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard,Tallahassee,Florida
32399,within thirty(30)days of receipt,along with any Interest earned on the advance)
*REQUEST'S FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE BY CASE BASIS*
Signature of Sub-Recipient/Subcontractor's Authorized Official Date:.
Name and Title of Sub-Recipient/Subcontractor's Authorized Official
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ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
1
Fine cn ial Management
i
The Sub-Recipient's financial management system must comply with 2 C.F.R.§200.302.
I
Procuremen s
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.F.R. §200,Part D--Past Federal Award Requirements--Procurement Standards(2
C.F.R.§§200.317 through 200.326),
Business Flours
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:
Monday to Friday from 3:00am to 5:00pm" _
*During the pandemic, City building has been closed to the Public but arrangements can still be made
for a visit If needed.
Licensing and Permitting
All subcontractors or employees hired by the Sub-recipient shall have all current licenses and
permits required for all the particular work for which they are hired by the Sub-Recipient.
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ATTACHMENT C
< t � Cer�rfrcatra� dgaCdrn� / '"
! / f
r
CJebarnient;5uspension,'inefilbiiity u `
r Arid VblUptary EfCCIUsif�n
I
Subcontractor Covered Transactions
The prospective subcontractor, of the
Sub-Recipient 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 —
disqualified from participation in this transaction by any Federal department or agency.
SUB-CONTRACTOR:
By:
Signature Sub-Recipient's Name
Name and Title FDEM Contract Number
Street Address DHS Grant Award Number
City, State,Zip
Date
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ATTACHMENT
Statement ufAssurances
All of the inmiruoduna,| uidenue. limitations, and other conditions set forth|n the Notice ofFunding
D (NOFO)for this program are incorporated here by reference In the terms and conditions of �
your award. All SUb-Recipients must comply with any Such requirements set forth In the program N0FO. �
/U|G made under programs that prohibitsupplanting by law must
enounstUsopmdens|fundudunotnap|ooe(nupp|ant)fundathuthmvobmenbudgetedfoxtheaamepuqpome
through Pon-Federal sources. |
/
All Sub-Recipients must acknowledge their use of federal funding when Issuing statements,press i
releases, requests for proposals,bid invitations,and other documents describing projects prprograms .
funded km whole orin part with Federal funds,
Any cost allocable,Loe particular Federal award provided for in2O.F.R. Part 200' Subpar E may not be �
charged to other Federal awards to overcome fund deficiencies, to avoid restrictions Imposed by Federal
statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this |
prohibition would not preclude a Sub-Recipient from shifting costs that are allowable under two or more
Federal awards in accordance with existing Federal statutes, regulations,or the terms and conditions of
the Federal award.
Sub-Recipients are requiredto comply withthe requirements set forth in the government-wide Award
Term regarding the System for Award Management endUn|vema||deniifierRequ|rementa|oomtedmt2
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 d agree to comply with applicable provisions governing OHS
access to records, accounts, documents,information, facilities, and staff.
1. must cooperate with any compliance review nr compliant Investigation conducted by
the State Administrative Agency orDHQ.
2. $ub-Recip|mnt will give the StsteAdminio Agency, OHS o,through any authorized
representative,access to and the right to examine end copy, records,accounts, and other documents
and sources of information related to the federal financial assistance award and permit access to
facilities, personnel,endotharind/vNuedoand/nfnnnmt>nnaomoybeneueonm[y, amrequhmdbyDH8
regulations and other applicable laws ur program guidance,
3 Sub-Recipient rate reportsto the FDBN and maintain
appropriate backup documentation to support the reports. Sub-Recipients must also comply withall other
special reporting, dataooUectiommndevalusdkznnequkemenCe.ampnaouMbadbyiawnrdeta/kyd|n
program guidance.
4. Sub-Recipient will acknowledge their use of federal funding when issuing statements,press releases,
requests for proposals, bid|nWtationa. andothardnuum$ntedeoodb|ngpnojectaorprogramuhund$din
whole orIn part with Federal funds.
5. Sub-Reoi lwntxvhunaoeheoewvardemndeunder programs that provideemergency Communications
equipment and its related activities must comply with SAFECOM Guidance for Emergency
Communications Grants, including provisions on technical standards that ensure and enhance
}ntampemmblenommunicmt|on$.
8. When original or replacement equipment acquired under this award by the Sub-Recipient is no longer
needed for the original project or program or for other activities currently or previously supported by
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DHSIFEMA, You must request instructions fromPDEM to make proper disposition of the equipment �
pursuant to 2 C.F.R. Section 200.313,
7. DHS/FEMA funded activities that may require an EHP review are subject to FEIVIA's Environmental �
Planning and Historic Preservation (EHP) review process.This review does not address all federal, �
state,and local requirements,Acceptance of federal funding requires recipient to comply with all
federal, state,and local laws. Failure to obtain all appropriate federal, state,and local environmental �
permits and clearances may jeopardize federal funding, If ground disturbing activities occur during '
construction,applicant will monitor ground disturbance,and If any potential archeological resources are
discovered, applicant will immediately cease work in that area and notify the pass-through entity, if
applicable,and DH8/FEK&4. | !
! !
S. Sub-Recipient will comply with the applicable provisions of the following laws and policies prohibiting
!
discrimination:
a Title Nofthe Civil Rights Act of1964, as amended,which prohibits discrimination based an /
race,color, or national origin(including limited English pmhdency. �
b. Section 5O4of the RahabUitbtion Act nf1Q73. ao amended,which prohibits discrimination /
based ondisability. |
c. Title IX of the Education Amendments Act of 1972, as amended,which prohibits discrimination �
based on sex|n education programs oractivities.
d. Age Discrimination Act of1A75, which prohibits discrimination based onage.
e. U.S.-Department of Homeland Security regulation 6 C,F.R, Part 19,which prohibits
discrimination based on religion in social service programs.
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ATTACHMENT I
Mandatory Contract Provisions
Provisions:
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix 11 to 2 C.F.R. Part 200. It is the responsibility of the Sub-Recipient to include the required
provisions.
The Division provides the following list of provisions that may be required depending upon the type of
contract or subcontract being funded by this Agreement:
OUS GUIDANCE Pr, 200,APP.,It;
Pt.200,App.11
Appendix 11 to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal
Awards
In addition to other provisions 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 following,
as applicable,
(A)Contracts for more than the simplified acquisition threshold currently set at$150,000,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
administrative,contractual, or legal remedies In instances where contractors violate or breach contract
terms,and provide for such sanctions and penalties as appropriate.
(B)All contracts in excess of$10,000 must address termination for cause and for convenience by
the non-Federal entity including the manner 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 definition of"federally assisted construction contract'in 41 CFR Part 60-1,3 must
include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive
Order 11246,'Equal Employment Opportunity"(30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,p.
339),as amended by Executive Order 11376, 'Amending Executive Order 11246 Relating to Equal
Employment Opportunity,"and implementing regulations at 41 CFR part 60,"Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor,"
(D)Davis-Bacon Act,as amended(40 U.S.C,3141-3148),When required by Federal program
legislation,all prime construction contracts in excess of$2,000 awarded by non-Federal entities must
include a provision for compliance with the Davis-Bacon Act(40 U.S,C.3141-3144,and 3146-3148)as
supplemented by Department of Labor regulations(29 CFR Part 6, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction'), In accordance with the
Statute,contractors Must be required 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 Labor, 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 current prevailing wage determination Issued by the Department 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-Kickback"Act(40 U.S.C. 3145),as supplemented by Department of Labor regulations(29 CFR Pea
3, "Contractors and Subcontractors on Public Building 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 violations to the Federal awarding agency.
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(E)Contract Work Hours and Safety Standards Act(40 U.S,C. 3701-3708).Where applicable, all
contracts awarded by the non-Federal entity excess of$104000mat involvem � |
mechanics or laborers must include a provision for compliance with 40 U,S.C, 3702 and 3704, as | �
supplemented y Department ofLoborreAu|aUono(2QCFRPert5). UnWmr40U.6.O.3782ofthoAo . |
each contractor must be required to compute the wages of every mechanic and laborer on the basis of a |
standard work week of 40 hours.Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week,The requirements of 40 U.S.C. 37Q4 areapplicable
to construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous.These requirements donot
apply to the h of supplies or materialsU | ndi Uavailable the market,
contracts for transportation or transmission of intelligence.
(F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meet$the
definition of'funding agreement" under 37 OFR§4 1 and the Sub-Recipient wishes !
enter Into u contract with w small business firm pr nonprofit \ -
parties, assignment or performance ofexperimental,developmental, or researchwork Linder that"funding !
agreement,'tUe recipiento/Sub'Remipient must comply with the requirements ofJ7CFR Part 4O1.
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants,Contracts and Cooperative Agreements,'and any implementing regulations issued by the
awarding
(G)Clean Air Act(42U.G.C.74O1-7871q.)and the Federal Water Pollution Control Act(33 '
U,S,C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150.000mmst
contain a provision that requires the non-Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act(42U.G.O. 74U1~7G71q)and the Federal Water
Pollution Control Act d d 1 \
awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
(H)Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42
(1)Debarment and Suspension(EXeCLItiVe Orders 12549 and 12689)—A contract award(see 2
CFR 180,220)must not be made to parties listed on the governmentwide Excluded Parties List System in
the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that
Comp,,p.235),"Debarment and Suspension.'The Excluded Parties List System in SAM contains the
names--parties debarred, suspended,~ otherwise excluded~y agencies, ~'well ~`parties declared
ineligible und
(J)Byrd Anti-Lobbying Amendment(31 U,S.C. 1352)—Contractors that apply or bid for an award
of$100,000 or more must file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for Influencing or
attempting to Influence an officer or employee of any agency,a member of Congress,officer or employee
of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by31 U.S,C, 1352, Each tier must also disclose with non-
Federal funds that takes place in connection with obtaining any Federal award,Such disclosures are
forwarded from tier ho tier u to the non-Federal award.
(K)8eo 2O0'322 Procurement of recovered materials.
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ATTACHMENT J
�
Financial and Program Monitoring Guidelines
Florida has enhanced state and local capability and capacity to prevent, prepare and respond to �
terrorist threats since 1999 through vmrious[und
Florida Division or Emergency Management(FuEm)has |b/|8y to track and monitor the Istatus of grant activity and items purchased to ensure compliance with applicable Homeland
Security Program(nmur)grant guidance and statutory regulations. The monitoring process 1
is designed to assess a Sub-Recipient agency's compliance with applicable state and federal
guidelines. /
Monitoring is accomplished utilizing various methods including desk monitoring and on-site
NoNs There are two primary areas reviewedd h ibad activities financial and � !
programmatic monitoring, Financial monitoring primarily f0cUses on statutory and regulatory
compliance with administrative grant ����|�i ��� ����u� � d (��-`- ��'- - associated ' |
the purchase anddisposition of property, projects and contracts, Programmatic monitoring seeks
'-validate and assist'''the grant progress, targeting issues that may~`hindering project goals
and ensuring compliance with the purpose of the nt and overall grant program.Programmatic
monitoring I kmotheobammmiunofmquipmentpunohaoed. pmtocoioandoiherawoociatad
nauords. Various levels of financial and programmatic review may be accomplished during the
monitoring process.
Monitoring Selection and Sch1qq!j=
Each year the . ~E=will conduct monitoring based°..° .`."""""es°.=, ^ The risk assessment
tool is used 0o help 1n determining the h ofGub'Rwoiplento that should ba reviewed and the .
level of monitoring that should be performed, it/s7mpoManttonotethatalthoughag(VanWnanhnoy
be closed, it Is still subject to either desk or on-site monitoring for a five(5)year period following
closure,
Aregs that.will,he examined include:
p Management and administrative procedures;
• Grant folder maintenance;
* Equipmentaccountability and sub-hand receipt procedures;
• Program for obsolescence;
• Status ofequipmentpurchases;
• Status of training for purchased equipment;
p Status and number of response trainings conducted to include number trained;
• Status and number ofexercises,
• Status uf planning activity;
* Anticipated projected compledon�
a Difficulties encountered |n completing projects;
m N| ao�d|nn�
* Agency ' hunbvUEEOS��u ;'
* Procurement Policy
FDEM may umu additional monitoxing/infonmmUonofthe activity, or lack thereof, wneratmu
questions from the region,the sponsoring agency urFUEK8leadership, The method ofgathering
this information will be determined nnaomue-by-oaaebasis.
Monitoring Activities: �
Desk reviews and site visits are two forms¢y 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-Recipient agencies oyDivision �
representatives who examines records,procedures and equipment. �
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monitoring as determined by FI)EM, This contact will provide an opportunity to identify the need for �
technical assistance and/or a site visit nruEM determines that w Sub-Recipient mhaving
difficulty completing their project. |
As difficulties/deficlencies are identified,the respective region or sponsoring agency will be notified
by the office via email, Information will include the grant Sub-Recipient agency name, .
year and project description and the nature nf the issue in question. Many cf the issues that ahoo
may bm resolved at the regional ur sponsoring agency level, Issues that require further TA will bm {
referred toFDEM for assistance, Examples nfTA Include but are not limited to;
i |
* Equipment selectionnr available vendors ' |
• Eligibility of items orservices � !
~ Coordination and partnership with other agencies within or outside the region or discipline
° Recrmd Keeping
° Reporting Requirements
° Documentation in support ofa Request for Reimbursement .
On-site monitoring will b*conducted b FDEiNor designated personnel, On-silo monitoring visits '
will be scheduled in advance with the Sub-Recfpient agency POC designated in the grant
agreement,
FDEK3 will also conduct coordinated financial and grant file,monitoring, Subject matter experts from
other agencies within the region or state may be called upon to assist In the form of a peer review
as needed.
On-site monitoring visits will begin with those grantees that are currently spending have
completed spending for that federal fiscal year(FFY). Site visits may be combined when
geographically convenient. There ieo financial/programmatic On-site monitoring checklist toassist
|n the completion of all required tasks,
/\letter will ba sent tn the Sub-Recipient agency Point of Contact(PO[)outlining the date,time and
purpose of the site visit before the planned arrival date.The appointment shouldbe confirmed with
the grantee in writing (email is acceptable)and documented In the grantee folder,
The physical locationofmnyequ|pmontlooabedatoRaKematmmiteshnuldbemznfinnedwitha
representative from that location and the address should be documented in the grantee folder
before the site visit.
On-Site Monitoring Visit
Once FDEWi personnel have arrived at the site, an orientation conference will be conducted.
During this time,the purpose o[the site visit and the!terns FD8kX intends to examine will be
identified,All objectives u[the site visit will ba explained during this time.
FDEM personnel will review all files and mu mUn documentation. Once the supporting
documentation has been reviewed, abmnvisumKupcd inspection of equipment will beconducted.
Each Item selected for review should be visually inspected whenever possible. Bigger items '
(computers, response vehicles,etc.)ohou|d have an asset decal(|nformsd}un1beM$|number)placed
in prominent|ocotiononeanhpia ao[oqu|pmentaspe,8ub'RedpianLegency '
requirements, The serial number should correspond with the appropriate receipt hoconfirm �
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purchase. Photographs should be taken of the equipment(large capital expenditures in excess of
If an)tam is not available(being used during time of the site visit),the appropriate documentation
must be provided to account for that particular piece of equipment. Other programmatic Issues can
be discussed at this time,such as missing quarterly reports, payment voucher/reimbursement,
equipment,questions, etc.
�
Post Monitoring Visit
FDGM and �
b�m� ' dh�uouthawv*n�nf��Dn-o� n* n�~ �� �� | �
_- _ monitoring. .
Within �
sent="the grantee explaining any issues and corrective actions required or commendations. Should | \ �
.=Issues w findings !
the will submit o Corrective Action Plan within mnmefu*newv
determined byFDEM. Noncompliance on behalf of sub-grantees|o resolved by management under �
the terms cf the Sub-8ran Agreement,
The On-site monitoring report and all back up documentation will then ba included|n the Sub-
Recipient's file.
�l
Subrecipients who are pass-through entitiaa are responsiblemonitoring their subreciplents in e
manner consistent With the terms of the federal award at 2 C.F.R.Part 200, including 2 CY.R,
200.331. This includes the pass-through entity's responsibility to monitor the activities of the
oubeoipiemtua necessary to ensure that the$ubmowyndio used for authorized purposes, i
compliance with federal statutes, regulations,and the terms and conditions of the subaward;and
that oubovwand performance goals are achieved,
$ubrecipient responsibilities also include but are not limited to:accounting of receipts and
expenditures,
and reviews,and ensuring overall compliance with the terms and conditions of the award or
subaward,as applicable,Including the terms of 2 C.F,R, Part 200.
expenditures disallowed by audits,monitoring if acting as a pass-through entity,other assessments
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ATTACHMENT K
EHP GUIDELINES
ENVIRONMENTAL PLANNING HISTORIC PRESERVATION (EHP)COMPLIANCE GUIDELINES
The following types of projects are to be submitted to FEMA for compliance review under Federal
Environmental Planning and Historic Preservation(EHP)laws and requirements prior to Initiation of the
project.,
• New Construction, Installation and Renovation, including but not limited to:
o Emergency Operation Centers
o Security Guard facilities
o Equipment buildings(such as those accompanying communication towers)
o Waterside Structures(such as dock houses,piers,etc,)
• Placing a repeater and/or other equipment on an existing tower
Renovation of and modification to buildings and structures that are 50 years old or older
Any other construction or renovation efforts that change or expand the footprint of a facility or
structure including security enhancements to improve perimeter security
• Physical Security Enhancements,including but not limited to:
• Lighting
• Fencing
• Closed-circuit television(CCTV)systems
• Motion detection systems
• Barriers,doors,gates and related security enhancements
In addition,the erection of communications towers that are included in a jurisdiction's interoperable
communications plan is allowed,subject to all applicable laws, regulations, and licensing provisions,
Communication tower projects must be submitted to FEMA for EHP review,
EHP SCREENING FORM SUBMISSION
I. Projects requiring EHP review,the Sub-Reolpient must submit the SHP Screening Form to the
State Administrative Agency(SAA)for review prior to funds being expended. The SAA Point of
Contact for EHP review is:
Ms. Felicia Pinao_ok
Qu[pau of Preparedness—DoMpstig SgecurltV
2555 ShuLnard Oak Boulevard
Tallahassee, Florida 32399-21,90
Lelephone:850-415-424,3
EHIDSubmissions .@m.myJfQrlda.com
II. The SAA POO will forward EHP Screening Forms to DHS/FEMA for review and approval.
Ill. Sub-Recipient's must receive written approval from the SAA prior to the use of grant funds for
project implementation. THE PROJECT MAY NOT BEGIN UNTIL FINAL FEMA APPROVAL IS
RECEIVED.
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ATTACHMENT L
REIMBURSEMENT CHECKLIST
P1AUNN8VG !
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E] 1. Does the amount billed byconsultant add upcorrectly?
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L] 2. Has all appropriate documentation to denote hours worked been properly signed?
i |
[—1 3\ Have oopke' oyaUp�n�ngmm�x��and work pmdm� (�g. me��gdouume�m. uop�u � |
-- of plans) been included? (Note ' If a meeting was hold by Sub-Recipient or '
oontractuntmnoultmnt of Sub-Recipient, on agenda and n/gnup sheet with meeting date |
must be|nduUed). | |
' | �
| | 4` Has the invoice from cons uItnnb/conhraotor been included?(Note—grant agreement must �
be referenced on the invoice.)
Has proof of payment boon included?
Canoebd the transaction was processed by the bank)
Electronic Funds Transfer(EFT)Confirmation �
Credit Card Statement&payment to credit card company for that statement �
F—( O. Has Attachment & (found within Agreement with FDBK8) been completed for this '
oontnad»n/cunou)tantand Included /n the reimbursement package?
F—| 7, Has proof of purchase methodology been'included?Please see Fon-n 5 of Reporting Forms
or Purchasing Basics Attachment if further clarity is needed.
Sole Source(approved byFDEIVI for purchases exceeding$28.00{0
Gbate Contract(page showing contract#. price list)
Competitive bid results(m.y. Ouutew(na'bid tabulation page)
ConsultantslContractors(Note:this applies to contractors also billed under Omanization)
IVAINING
) / 1. |n the course DHGapproved?
[—� 2. Is there m course ov catalog number?
|| 3. |f not, has FDEM approved the nun'DHGtraining?
F—| 4. Have Sign-in Sheets, Rosters and Agenda been provided?
r—� 6. If billing for overtime ondVorbauk�||' has documentation been pmWdedthat U�a attendee— names,department,#of hours spent at training,hourly rate and total arriount paid to each |
m#andmo9 /
Have documentation from entity's financial system been provided as proof |
attendees were paid?
ror baohO|[ has a clear dell neotion/nmnn reference been provided showing who
was bmokMU|ngwho? !
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[-7 Ei Have the names on the sign-in sheets been with the names of the
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— individuals for whom training reimbursement costs are being sought?
7 Have any expenditures occurred 1n support ofthe training such mm printing costs, costs
related to administering the training,planning,scheduling,facilities,materials and supplies,
reproduction of materials, and equipment? If so, receipts and proof of payment must be
submitted.
Canceled check the transaction was processed by the bank)
Electronic Funds Transfer(EFT) Confirmation i
Credit
. |
[_j 7 Has proof of purchase methodology been included?Please see Form 5 of Reporting FoM78 | |
or Purchasing Basics Attachment if ftmhermbrItybneeded. �
Sole Source(approved byFDEMfurp pchaoamnxceed|ng$25.U00)
State Contra t(page showing contract#, price list)
Competitive bid results(e.g.Quntew|n*,bid tabulation page) i
EXERCISE
| / I. Has documentation been provided on the purpose/objectives of the exercise? �
Situation Manual
Exercise Plan
F—1 2. If exercise has been conducted are the hd[owingincluded:
Ahep/ktionRoport
S|gn'|nmheots
Agenda
Rnstam
F—1 3. If billing for overtime and badkfN, has a spreadsheet been provided that lists attendee
names, department, # ofhours spent at exercise, hourly rate and total paid toeach
attendee?
Have documentation from entity's financial system been provided to prove
attendees were paid?
ForbaokfiU, has a clear dell neation/onono reference been provided showing who
was baokfi|Ungwho?
F—1 4. Have the names on the sign-in sheets been cross-referenced with Mhe names of the
individuals for whom exercise reimbursement costs are being sought? �
[-� §. Have any expenditures occurred on supplies (m.g., copying paper, gloves, tape, etc) in
support of the exercise? If so, receipts and proof of payment must be included. /
Canceled check(Showing the transaction was processed by the bank)
Electronic Funds Transfer(EFT)Confirmation �
Credit !
[-7 G. Have any axpendiLu�soccurred onrental ofapmpm/|ooat�no for exercises planning and
'
-- conduot, exercise signs, badges, nbr.7 If so, receipts and proof of payment must be �
included.
Canceled check(Showing the transaction was processed by the bank) �
Electronic Funds Transfer(EFT)Confirmation �
7%
�
'
/
`
loll
|
!
/
Credit Card Statement&payment to credit card company for that statement
r-7 7 Has proof of purchase methodology been included? Please see Form So/Repnitihg
Fommor Purchasing Basics Attachment if further clarity is needed |
~_~Sole Source(approved byFDGM for has exceeding$25'000) |
State Contract(page showing contract#. price list) |
Competitive bid results(m.g.Quotww|no. bid tabulation page) /
'
|
Have all invoices been included? !
�7 2. H�oonAE�#been��n��adformauhpumhaaa?
| !
�—| 3. If expenses are hstod, are they only for the performance period of the � ^�
gmgY
`
[—1 4. Has proof of payment been included? /
Canceled check(Showing the transaction was processed by the bank)
�
Electronic Funds Transfer(EPT)ConOnneUon
Credit Card Statement&payment to credit card company for that statement
r—1 6. IfEHP form needed, has o copy uf the approval DHS been Included?
6, Has proof cfpurchase methodology been }nu|udad7 Please see Form 5ofReporting
Forms or Purchasing Basics Attachment if further clarity is needed.
Sole Source(approved b FDEk8 for purchases exceeding$2S.OUO)
State Competitive--ct z~--~'�'--n~ -----'', -� list)
` a\
b� �u��.g.D�e�� b��ouk�n�� '
VEUCONFERENCES
F-1 1. Have all nymaipto been turned in, itemized and do the dates on the receipts match travel
Airplane receipts
Proof uf mileage (Goog|eu,Yahoo map printout o,mileage log)
TuU and/or Parking receipts
Hotel receipts(is there a zero haimnoe?)
Car rental receipts �
Registration fee receipts
Note: Make zuno that meals paid for by conference are not included |n per them
amount
�
r—1 %. U travel|oo conference has the conference agenda been included? !
8. Has proof mf payment bo traveler been included?
Canceled check the transaction was processed by the bank) /
Electronic Funds Transfer(EFT)Confirmation |
Credit Card Statement&payment to credit card company for that statement i
Copy of paycheck if reimbursed through payroll
73
1012
. �
/
i
,SALARY POSITIONS
1. Has a signed timesheet by employee and supervisor been included? Timesheet must
certify the hours and information presented as true and correct,
i
2. Has proof for time worked by the employee been included? Is time period summary
included?
Statement of Earnings
Copy of Payroll Check
Payroll Register
For fusion center analysts, have the certification documents been provided to the
SAA to demonstrate compliance with training and experience standards?
ORGANIZATION
❑ 1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at exercise, hourly rate and total paid to each
attendee?
__ Have documentation from entity's financial system been provided to prove
attendees were paid?
_For backfill, has a clear de line ationlcross reference been provided showing who
was backfilling who?
FOR ALL REIMBURSEMENTS- THE FINAL CHECK
❑ 1, Have all relevant forms been completed and included with each request for
reimbursement?
❑ 2. Have the costs incurred been charged to the appropriate POET E 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?
❑ 6. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown?
❑ 7, If this purchase was made via Sole Source,have you included the approved Sale Source
documentation and justification?
❑ 8. Do all your vendors have a current W-9 (Taxpayer Identification)on file?
Please note:FIaEM reserves the right to update this checklist throughout the life of the grant to
ensure compliance with applicable federal and state rules and regulations.
74
i
1013
i
ATTACHMENT M
CERTIFICATION REGARDING LOBBYING I i
i
Check the appropriate box:
IZ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or
Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200,Appendix ll(I); 31
U.S.C. § 1352; and 44 C.F.R. Part 18.
❑ This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement
will be less than$100,000.
APPENDIX A 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract,the making of any Federal
grant,the making of any Federal loan, the entering into of any cooperative agreement,and the
extension,continuation,renewal, amendment, or modification of any Federal contract, grant,
loan,or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency,a Member of
Congress,an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan,or cooperative agreement,the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in
accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for
each such failure.
The Sub-Recipient or subcontractor, City of Miami certifies or affirms the
truthfulness and acc racy of each statement of its certification and disclosure, if any. In addition,the
Contractor under :a ds and agrees that the provisions of 31 U.S.C, Chap, 38,Administrative Remedies
for False Clai an Statements,apply to this certification and disclosure, if any.
t5ignature of Sub-ftcipient/subcontractor's Authorized Official
Arthur Norieqa,City Manager
Name and Title of Sub-R cipient/subcontractor's Authorized Official
1A
Date
75
i
I
1014
I
#
ATTACHMENT N I
REPORTING FORMS
i
An Excel version of the following farms along with instructions will be provided separately.
i
bIV1S[t7N OF EMER0E1VC,Y tkflAtdRGEMENT
Financial,History and Petfortrlando Tmdking
FORM 1A
RECIPIENT./ORRNTEE AateacMrtriTu 'tn-bS-18
suagt,�ddrsaa- tatxartTcw.Y itPPorxntto ol.rc oq-rrtis ;
61ty,Yt.t9 L1p �' Drd en tfa$ f belo,�w..e4x-t r�µ�o:avert raY aotJylr btyt�,Tp,jx'sr�t�ef(r�rj aKH` ar��M1
_ Po0 Nmnik9 - Pgrlad: "�IrL'.'"^' S S t P rltlM TYprfcrnlancn 1
Flnatte{ab Histcr R olt Ipar diraoNono:oilaH limb Yrl'tlti.=tlimr�
Shadad call.nra aaicutated for -.You da not nedd to.Mar art.thin rota Iham. --
. ctuoneriy Pund» KXpendifurmi
ttmUgary Total Alf000ted �xpendad Total Ptr .nd Eikpa"dad C—PIaifan ttomatnidg HalA.-
Platt�Wt6lCcsst P.fearit
Trp.thl CosL3 ......._.... '........_ .. 3 _
ExtaroisaCnsts --. .... S -
arQentxntttCo..tl.tn -
ul m�a L'..Caaea
ffln I.taeie9'a NZ*tta Au.rcf7
TbtAl 1;# endlturo. • 44.06. .. Mail
Pbl't'orttiarLdrr Tt`adkSn
pro ooLed Paroankaaq Fund.Ailaaatad:
Prajoot Ttdo w:atgtlory start data J —plated f9 daetY_.. Praia"Waters -.
TQTAL err vara�.r n«ruartMdl.: -. �•••'..••.":. _..._,__ _ �('.�_..._. .-.__--... '
CuniWal}rAe+inl-Au Pra4taubty Submingd fcn RalfabAYratpt'fnC Total RaoanW
i frarany—MY that tjta ab.-eq»t Ara'true add Valid*oat thourrad in:aaaardandet Witn via pibtaot egrfambnt.,
bate'.
Grant Manntier
harmby aodtry that the giaev..0x Am true and valid uoabilnourrad.to aaadrdanaa whit lire prafeatmiirggmant• -
.1
Data:
pinanotal dMaar
ltyn17n1gaa( ,parr;Jc fifyfcttta iwnt imy(a a�xlns'flq nd ballaf!flnt'dt4 mpeA is trun,.»nmpl l,,and,Dour o dthq Ap ridtfuraa,dksburgamin is d t m,atpta gfdiar Ura
papa....an ondoo-ttl nfth.FUflamlA-t rn aVnaroa nta yf lSp,941Eilaun.,nr imlldaloni lniarnaLem,,I Gia amlas,an et'artY[ttdtana( ,f.mey
4;.otmeto cdr..ftusi;&0 err adminia:Ualiht pan 1d-for kaad,W..stalemanta.ialao dqi/na.gfbVh.nalse.
-. DIVISION OF EMEROMNOYMRNAGEMENT .:::...
- C2uarmrly'3Wttls R,epart
FORM 113
Raoi�riant A[d,R86M@NTYk ti3�bs-TB _
tart
&ttaet Add*Y_ XNBTpttltATtnNa -
t
CNy,St...0p Mar inetructlanm an otrlptetdin4 I.
_ avk.trance <
ef!h tNv NELF/yNart ,.Y____. .........,;....W,.._... ..........._..._I
,YUSL&W 43P_E.}WIM-`FOR F7EP01?W17 PER100, .......... .. ..... ,: .- ....
i
O't1aPJi.{OpliariaiJ..+^..riq ragart,tntemel oxpar�ingcea rto;yet obdmgda�Yar any prn(eoted.>:.al.r,a.mnd;laaocr't it.a,ecaE arxAr+gs err aar+nellbrt prgacfo};, - - -.-. -
TFC104I0AL AdWSTAtJeta
la tenhmo.1-.lot—.15aadsa If"Yee°,are you Ittglln:gfing,.r R.HW t or'phone.4
I harsby cartirY that the-above Information Ptavided arc tram and the gom(s)am vaifo.cast/.}iitaurred In....Id...0 with the project.41—oont.
ktlt2tiatl:- Data:
Brant Matta per- I
[3y aigntnti dxin rapgrt,.f e,rtliy W itta baai,imX kaovdedgo and ball,!that the ropon(a Uun,oainplata,.end.*Carat*,and Ine-a�andNura..dlgburaomente.and coon r—lptm err.ferilia f
P.M.—And.14-9 a's at faun in Me tornie And eoplitl fna Fadnra(.atvatN 1a l m.th.t.a,,yahoo,fiouloua,or faudui,rd igformatl n,at Ain anitaotan efany mabdal fact,may 3
nubJacl rao to on.irmi,*W or adrof,Wrotl-p...1U..:for rhino,fat...inbmania,(.I.a dolma or.lhorwiso.
76
i
i
1015
r
DIVISION OF EMERGENCY MANAGEMENT
REIMBURSEMENT REQUEST I
Form 2
0
RECIPIENT I GRANTEE AGREEMENT#16-DS-T8
r test
Street Address �greemantArnowt
Cf ,State 75 ubtrission Date
POG NamePOG Phone aymerrt Amount
jCOSTS INCURRED DURING THE PERIOD OF: July 1,2043 THROUGH � September 30,2014
.Shaded coifs am caictdatad for you,You da not need to enter anythitrta lnto ahedsd oaEta.
TNts MUST asACOOMPARIEO SY THE:DETAIL OF OLAWS FORM
1 Planning Expenditures
,.... .. _. . .-.......I
2,Training Expenditures
3,Exercise Expenditures
.. ....
4 Organizational Expenditures � ._.,,......,,._.......�.,....,,�,.M..,. ..... .�_�
5.Equipment Expenditures
G.Management and Adrninistmtian Expenditures
TOTAL..EXPENDITURE'S
I h4mby carfiry that the Above aosts_am true and valid aosts tneurrod to Aaaorda"Co With the projoot a0ra4,nont,
Sidnad;.
grant Meaayar
,i hereby"affy that.the Above posts am true and:valid ansis,fnaurrad In a000rdanae With ahe project aamomenL
Ftrmnotoi Moor
By siontty rtds repwi,I.cenlfy toiha.bast:of my knov lediie and-beilaf that the repeit t.4 true,oam?Yate,and accurate,and the wponditures,diebutsomente:and cashreeelpta are
for the purposes and oblaotnes sat forth to the terms and conditions fir the Fattest award t am aware bast any/wise fomlous,or fratxMoM wootmation,or tha orotunlon of any _
m:afeifof fact,may subject rno to ariminw,o NI a 0dminlctratNe Penchi—for fraud,false statements..false Claims W obwwwse.
TO 6E COMPLETED BY DEM STAFF
AGREEMENT AMOU NT $0.00 TOTAL AMOUNT TO LSE PAID
PREVIOUS PAYMENT(S) ON THIS INVOICE
THIS PAYMENT
REMAINING BALANCE $0.00 r 9a:on
DEM FORM Oltlt-6 9f14 DATE StUEMITrRO TO POEM
7'7
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1016
..
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.,...�.._._�_..,._..-....-. �... _ra.L'#+.wb4tuf.1 .._.,..,..,»-.-.,.—...�Lau......d._.,. j
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1017
I
.,nR«{ nn ^^1(
.-.him.ltviq._�-� ._,_-_.�.,__M _. `uprFUt�. _... fa 4 1•Met I>� tbt144.�L..µ ._
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79
I
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I
1018
DIVISION OF EMBROENCY MANAGEMENT
Procurement Method Report
Form a
Vend.rNanna,
In-Joe Amount:
AAfA,h to APIAlleakko Iovol-
All forMaMonlionadam OVOIIaWo at
torn valWA;xcludedlearg.,List Syfomi t
Exfarhexoavlksn ol;;Oft lna�1.Onn,,yd%,,,aa, Usp.nnicd vendors ai Sy
,a y�vo ,t cont
ract
Meek appropriate it.Xen-btttow
System for Award Management{$AM)i
Checked Syrtarl for AtVard Manoqcraant(SAND for debarrnerdacaper•,aion(print page and attach).If no search Yma kOnd far the vendor,complete the
0 r0cm dr barrrwnVsrrspertelott ioan loamcd in L11.Omni
Affirmative Steps
VWM nacosoalyalliorrifive sPepa tailmnia and labor 6topusoloaflacamwecuad?
Yonder Natno,._, V.nda,,Typ.: Arnourb---
Sole Source anct Single Vanoor Response to a CompatlitiVe Bid
All sole sot aapraotsemvnfa and sir.glavendorresPonae lea Competitive bldrecitilre pro-approval bythe Florida DivIalon
00fro-40$-AWW Unit arld use ofthe Ulo$.t=n,roan, maintalmd InaomifteMadictioriniond
PDEM Omni Was.
Startei Term Contract
,,dcr(e)PMVde aPedfOC.Wn.dRea and-ONce pur-ha..a to ali.hch,s on as..needed I-is for sp.,jilad
"dod of l[me.
Veneer N--: Amount.-
.Discretionary Purchases
Purohasan Oft to$2,499t shall be carried out rising good purchasing prooticaswidofl may Inalt,06 Written qUOtUtIOng 6rWrittOP MOOtd ettAdflpnUng qdOtOW.
U $2,Agtr-SOW-aesvranoo ano wcloqustazodqaVN-6rau-t h-d-brn.ntad Wjcrl.d llmft#rttnt flies,
Puraho.o.groater the.$2,600 buti.sz-than$36,0005 Roquirda atlaasttwo(2)doauhiont*d written quaiaeanj,O oaumontnd quotas roustbo Aftsth.d.
Cj 3?„:.CbO-9:A,x1Ort-Canli-90n S(stNnontrequired for relmliuraunisnt ft qaollproeurorlant),
VondarNaraa .Amounts___
Z l,
Vendor Name Amount:
3, V..d.,N.-O Amount;
&,J.*Vft.alIOn1
Formal Solicitations
&OOPO*fWOfk(40W)must be provided.
935,0D0 C-ts'-WnuHn 00otinf-raqLdred BrUi Pfw-QPPmY4 ffora FE)EM
FDEM Ppr,Approval received data
lml ta"iGn 10 ald-RequOut YOr PTOPOSAI Or bVitiltiOn to t1kgatiate do-ments.
Publiahad advertisement oixtior solicitations.Ust all acOmitted propenals/yonsior,and ow bid omotnig,
Vartd(>r 06WIN,Junfificallon statement an to why vandorvpen chosen.
Alternative Coetroat Soured
O—Odldttaar$*WOva available W WO Wata via outside oantrant voldolo.A copy afth..x.outad contrant mustbo submitted,
$14UM1111 Iran,a pluoybo.k C"trMok aro"noral S00,1040 Adrainfistaltan approved:vendor Pats(30-Z60,000)
2.Vendor Narro,
If OSA n.dtmot requite..4ditJonal quto%plaits.sdbmitthat.along with"All;rop*m
I aedffy in*above InIta"affort is buo and godumlo and daeumaniatfor,related to this pm....an t is an Me and available upon raquot
,.TiF
roof Nama and Title
60-A t,*M pwitaa RiaiYfdatrathm.Cato
By.1-1.0 W.rop.0. W H.y k-tlq.-1-0 b.Rf(hot th.."rt to W�q—.W-4 .so.... ......
—& W...fiet..Yw-, ......A. -y-hi-tre.f-W-1, 6W.Wrl'od.M.M.
This report must be used to summarize the methodology for all procurement$
1019
DIVISION OF EMERGENCY MANAGEMENT
Cost Analysis
Form 6
i
Requkdgignaiunist Qdgirmlhik t
BNkGEf DETAB. COST ANALMS
i
ajetftems0&4tobepwAIdby the Canttnctor.%eatachedhoudvr NtAn*Atobea%ktedbe043zpa iltllfMd
'1Sifni�3t6 ' �
i
"
A a4r s-tNanatrt6lP nb 80"costq) WAS TOWS;$1 . I
is> d@ 1000
R 0
Q
TotatBalArms LGW -
B.T 9&efis i YaRS xTaY# c�epA66 i i Me Total k ADO. Told$
qm% g
Total Paurknel. ensrs A+B
1 a
_ Tatal5u lia 0
�. . .. t]t$`:AS:t7 Qif3itlfy` Tota $
s — �
WWI of mentmeat 0-
d•7ta! Per del
Ptv it-Mk+ Day; 2w$ W1 ape T¢L== $
Total Travel 0
{GFd�cNTS
5.Cif -
P" serrkes RedPate l struts TctA
g M1
Tofal.Contr ral � 0_.
lkscttkan - tA13CcG•2.$ QiacdtJ TVta'$
rt D
A. Q
y tl
B.
Nat hfisedtaneous $ t
Si1BTdTAL ti thtu Aj „T'-i(I�A
?.QMLUOM%t _-.-._.... }ate we$ Tn.2d:$.
6.CStla* 0 A
B,Total au flet
i01tay that the rfarcreachITetohxlmc*egeryhasbeene�:i&,drddetermhwato Am*rm mvbl,andnetetardmreq.edtr!€xMi
ZS6.3T1i wxAa4aEvtes,oxwentaibgbTtachedeWmC 4 the mathW*ffiAedaWthetcrdas nsreached.
IT
S'1
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i
1020
DIVISION OF EMERGENCY MANAGEMENT t
TIME AND EFFORT
i
FORM i
Thls form is required to accompany reimbursement claims for salaries charged to the grant;
Employee Now:
Pay Period., TO Iodleate Contracted How for PayPeriod
{
Week l:Dates to Week 2:Dates to
� ;.F.. Grand Taal
Pr*ctType S S NIT I W T F s Total` S S M T W I T P 1o}tap
l SfflP tt 2 3 S 10 1.5 2 3,5 135
3 organization 0 0
4 wx w 2 3 4 31 12 3.6 1 4,5 16,6
S Iatmiog0 0 0
6 vacation 4 21 4 10 1 8 5 13 23
7 ,Sick Tim G 3 3 3
Q
l
31 0 0
1•_1 0. Q
Q 0 0
13 0
14 0 0
D±Totals 01 0; 81 8 8 0 8 32 0 0 0; 8 8; 8 4 24 56
Week One Total 32 Week Two Total 24: 56
I hereby cedy that the above allocation of my time is accurate for the time i hereby certify that to the beat of min knnwiedge and belief,the roported tiuue allocation entered its
period Inraiach this report covers. this report is accurate and in accordance AthLocal,State,and Federal Regulations and Guidance
pertaining to reimhm ement on Homeland Security Grant lands.
Rm o eeSi tares Date; S i orSi natusr; Date;
By signing this report,I certit to the best ofmykwiedge ad belief that the wport 4 tsue,complete,midacturate,,and the expenditures,dishmaemenO and cash receipts art
I
for the prntwes and'objeetives sot forth its the terms and conditions of the Ademl award,I am aware that my false,ftclitioas,or fandulent information,or the omission of any I
material fact,may subject me to criminal,civil or athainistrhtive penalties forf>•aadAle statements,false claims orothornise.
I
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1021
I
i
CLOSE-OUT REPORT �
FORM 8
This form should be completed and submitted to the DIbt9Ion no later than sixty(60)days i
alter completion of projects or the termination date of the p p t Agreement,whichever occurs first.
• i
test 16-DS-T,3
RECIPIENT t13RANTEE AGREEMENT#
i
Street Address
A00RE33 AGREEMENT AMOUNT
--- CRY'State ZIP
CITY A ND STATE AGREEM ENT PSMOD OF PERFORM ANC E
" fYI 6�7 ter 4ai
TOTA.t. LATE EXPENDITURE(W).PAYMENT RECEWrO
COOT CATEGORIES _ eXPENOITURES DATE AMOUNT ---
1,Alamirny e:nrkg.
2,TrnfKng Castes
3,Esardoer:Carts "
A.DigmY`rRilnitr.ssii[&
6:Exfd45ttuti%.Aattdait{unOagts
6.MarsDexn3t4asW AdirrlfatrriwiGostc .
roTArExNornlREs �Q.r37 TOTAL
Please indicate Amounts For The Following: was Equipment Purchased' YIN
If yes,provide than aguipffent#St prior to cfasQ-out
Agreement Amount - Were Funds Expended In accordance
Total Expenditures with agreement terms?YIN
Deabligated Funds All quarterly reports submitted up to
current reporting period.?YIN
Indicate Amounts Related to Advance(s): REFUND AND/OR FINAL INTEREST CHECK
N not applicable,please proceed to next section
Total Amount of Advance(s)Received Refund and/or final interest check is due no later than
Total Expenditures ninety(90)days after the expiration date of the Agreement.
Deobtigated Amount of Advance Reed Fake Cashier,:Division of Emergency
check Management
Interest Earned on Advance' g
payable i:a
(Nail to Florida Division of Emergency
2555 5bumard Oak Boulevard
Balance of Agreement owed to FDEM Tallahassee,FL 32309-2100
1 hereby certify that the above cost(s)are true and valid cost(s)Incurred In accordance with the project agreement
i hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement,
Signed: Date:
Grant Manager
Signed: Date;
Financial Officer
By signing this report,l certify to the best of my knowledge and belief that the report Is true,complete,and accurate,
and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the terms and
conditions of the Federal award.I am aware that any false„fictitious,or fraudulent Information,or the emission of any
material fact,may subject me to criminal,civil or administrative penalties for fraud,false statements,false Claims or
otherwise.
$3
i
1022
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I
CITY OF MIAMI
DOCUMENT ROUTING FORM
r'k"16ERt .YAR7F3 k {{
..., �}
ORIGINATING DEPARTMENT: Fire-Rescue'_
DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "State of Florida Division of Emergency
Management"
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ] YES X NO
TOTAL CONTRACT AMOUNT:$ FUNDING INVOLVED? YES X NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT ❑ PUBLIC WORKS AGREEMENT
PROFESSIONAL SERVICES AGREEMENT ❑MAINTENANCE AGREEMENT —
X GRANT AGREEMENT ❑ €NTER-LOCAL AGREE1v ENT
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PURPOSE OF ITEM (BRIEF SUMM,111Y): To establish the Urban Area Security Initiative ("UASI") FY 2020
Memorandum.of Agreement cement,("MOAN19)
COMMISSION APPROVAL DATE: 4/8/2021 FILE ID: 8649 ENACTMENT NO.: R-21-0142
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL,PLEASE EXPLAIN:
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R }tf Imss" 1 Ft RM `IO .. .-; Date PLEASE PRINT AND SIGN
4/12/21 PRINT: Ty McGann, AFC
APPROVAL BY DEPARTMENTAL DIRECTOR.
SIGNATURE:
4112121 PRINT: INN-MARIE �RPE
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SUBMITTED TO CITY ATTORNEY
4/14/21 PRINT: ICT RIA NIENDEZ
ST ,N
APPROVAL BY ASSISTANT CITY MANAGER PRINT:
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PRINT: ART NORI: GA
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1) ONE,QRIGIAIAL TO CITY CLEO SIGNATURE:
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