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Item D08 D8 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE 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 July 19, 2023 Agenda Item Number: D8 2023-1184 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Jeff Manning NA AGENDA ITEM WORDING: Approval of a UASI (Urban Area Security Initiative) FY 2022 Memorandum of Agreement with the City of Miami, concerning a United States Department of Homeland Security Office of Grants and Training grant, through the State of Florida Division of Emergency Management sub-grant agreement R0588, in the amount of$264,836, with no county match required, and approval for the County Administrator or designee to execute any additional documentation related to this MOA. ITEM BACKGROUND: The United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida, Division of Emergency Management, has sub-granted the Urban Area Security Initiative (UASI) Grant Program, FY 2022, to the City of Miami in the amount of$14,012,500.00. This program targets homeland security funding to "high threat"urban areas in order to prevent, respond to, and recover from threats or acts of terrorism. Monroe County is receiving $264,836.00. Funds should be distributed as follows: Monroe County Emergency Management $264,836.00. PREVIOUS RELEVANT BOCC ACTION: Monroe County BOCC has executed similar agreements with the City of Miami related to UASI grants annually since 2005. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval DOCUMENTATION: UASI 2022 MOA- Moroe.pdf FY2022 UASI City of Miami Executed Agreement R0588.pdf EXHIBIT 2 Budget Detail.pdf 817 FINANCIAL IMPACT: N/A 818 MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2022 "Monroe County" Agreement Number: R0588 FAIN Number: EMW-2022-SS-00029-S01 CFDA#: 97.067 This Agreement is entered into this_day of 2023, 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$14,012,500 dollars through the Urban Area Security Initiative(UASI) Grant Program 2022; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 2022; 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 2022 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2022 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-23-0095, adopted on February 23, 2023, has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the Urban Area Working Group process to enhance Miami and its surrounding jurisdictions ability to respond to a terrorist threat or act. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow: 1 819 I. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASI Grant Program 2022 which was made available by the U.S. Department of Homeland Security and the State of Florida Division of Emergency Management (FDEM). B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring Agency. II. SCOPE A. The provisions of this Agreement apply to UASI Grant Program 2022 activities to be performed at the request of the federal government, provided at the option of the Sponsoring Agency, and in conjunction with, preparation for, or in anticipation of, a major disaster or emergency related to terrorism and or weapons of mass destruction. B. No provision in this Agreement limits the activities of the Urban Area Working Group or its Sponsoring Agency in performing local and state functions. III. DEFINITIONS A. Critical Infrastructure: Any system or asset that if attacked would result in catastrophic loss of life and/or catastrophic economic loss management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. B. Core County: The County within which the core city is geographically located. The core city is the City of Miami. C. UASI Grant Program 2022: The UASI Grant Program 2022 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 2022 was appropriated by U.S. Congress and is authorized by Public Law 108-11, the Emergency Wartime Supplemental Appropriations Act, 2003. The funding will aid in building an enhanced and sustainable capacity to plan, prevent, protect, mitigate, respond to, and recover from threats or acts of terrorism for the selected urban areas. D. National Incident Management System (NIMS): This system will provide a consistent nationwide approach for federal,state, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To 2 820 provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command and training. E. Urban Area Working Group (UAWG): The State Administrating Agency Point of Contact (SAA POC) must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identify POCs from these jurisdictions to serve on the Urban Area Working Group. The Urban Area Working Group will be responsible for coordinating development and implementation of all program elements, including the urban area assessment, strategy development, and any direct services that are delivered by the grant. F. Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and county/counties, or with which the core city or county/counties have established formal mutual aid agreements. IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which 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#1". G. Ensuring satisfactory progress toward the goals or objectives stipulated in "Exhibit#1". H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit#1". 3 821 I. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the main liaison and partner with the City of Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Participating Agencies and any sub-grantees must abide by the grant requirements including budget authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of assets as stipulated in "Exhibit#1". C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct purchases of equipment or services as stipulated in "Exhibit#1". D. Complying with all UASI Grant Program 2022 requirements as stipulated in "Exhibit#1". E. Participating as a member of the Urban Area Working Group to include coordinating with and assisting the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide development of an Urban Area Stakeholder Preparedness Review. F. Ensuring the participation of the following critical players in the assessment and Stakeholder Preparedness Review development process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health. G. Assisting the sponsoring agency in development of a comprehensive Urban Area assessment and Stakeholder Preparedness Review. H. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit#1". I. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit#1". J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in "Exhibit#1". K. Maintaining an equipment inventory of UASI purchased items. L. Ensure that equipment obtained from the UASI Grant Program 2022, as identified in "Exhibit #2", is readily available for use by personnel trained to use such equipment for actual emergencies, special 4 822 events or exercises. Also, ensure that such equipment is readily available for onsite monitoring by DHS, FDEM, and the Sponsoring Agency. If the Participating Agency is incapable of staffing the equipment, such equipment shall be made available to another Participating Agency for use during any actual emergencies, special events or exercises. Failure to ensure equipment availability may result in loss of funding and/or equipment to the Participating Agency. M. All equipment obtained from the UASI Grant Program 2022, as identified in "Exhibit 2", is the sole responsibility of the receiving agency. This includes, where applicable, maintenance, replacement, training on equipment, and insuring of equipment and personnel, and compliance with intra-agency auditing requirements. VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely by the Sponsoring Agency. B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in a timely fashion. The Sponsoring Agency will prepare consolidated reports for submission to the State of Florida as stipulated in "Exhibit 1". C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel. D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28, Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a municipality, state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement or any other contract. E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency. VII. FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $750,000 or more of Federal funds during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and 2 CFR 200. 5 823 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 2022 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". VIII. CONDITIONS,AMENDMENTS,AND TERMINATION A. The Participating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation,or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in full force and effect. C. This Agreement may be terminated by either party on thirty (30) days written notice to the other party at the address furnished by the parties to one another to receive notices under this agreement or if no address is specified, to the address of the parties' signatory executing this contract. D. This Agreement shall be considered the full and complete agreement between the undersigned parties and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except for any executory obligations that have not been fulfilled. 6 824 E. This Agreement will end on June 30, 2024, unless otherwise extended, by a written amendment duly approved and executed prior to June 30, 2024, unless otherwise extended, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's ability to conform to procedures, training and equipment standards as prescribed by the grant. IX. MISCELLANEOUS OVERALL Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: BY: BY: Todd B. Hannon Arthur Noriega City Clerk City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: BY: BY: Victoria Mendez Ann-Marie Sharpe, Director City Attorney Department of Risk Management 7 825 PARTICIPATING AGENCY "(sub-recipient)" ATTEST: BY: Name: NAME: Title: TITLE: FID#: DUNS: APPROVED AS TO FORM AND CORRECTNESS: (J-�J'A Participating Agency Attorney Christina Cory Date:6.29.23 8 826 Agreement Number. R0688 FEDERALLY FUNDED SUSAWARD AND GRANT AGREEMENT 2 G.F.R.§20c7,I states that a Osubaward may be pfovided through any form of legal agreement,Including an agreement that the pass-through entity considers a contract." As defted by 2 C,F.K§200.1,"pass-through entIV moans"a non..Federal entity that provides A subaward to a Bub-Recipient to carry out part of a Federal pro-grarn,' As defined by 2 C.RR,§200.1,"dub-Recipient"meana"a non-Federal entity that melves a subaward from a pass-through entity to carry out part of a Federal award," Asr defined by.2 OX R.§20D.1,"Federal award"means 4Federal financial assistance that a non-Federal entlily, receives directly from a Federal awarding agemy or Indirectly from a pass-throuoh entity As defined by 2 C.F.R.§200.1,%ubawarcr means'an award provided by a pses-through entity to a Sub- Recipient for the Sub.Recipient to carry out part of a Federal award received by the pass-through entity The following information Is provided pursuant to 2 C F,R,§200.332: Sub-Roolplent's name; Cltv of Miami(Fire Rescuel Sub-Recipients unique enift Identifier, Fo deral Award Identification Number(FAIN), Federal Award Date, -SWaward Period of Performance SW and End Datw. Amount of Federal Funds Obligated by this Agreement, $K012,600.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by ft pass-through entity to Include this Aqreemant� Totaf,Amount of the Federal Award immmitted to the Sub-Raolplenl by Me pass-through entity-, Federal award project desedpdon.(see FFATA), Naima of Federal awarding agency, Name of pass-through entity: of�ercren�cm, Contact information for the pass-through entity,, 1AM-N!ma%Xh0_a_3_210_9 Assistance LlsWgs Number and TIdo 97.Q6Z:H_pmeland rant P Whether the award is R&D: Indirect cost rate for the Federal award, 827 TRIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,with headgvarters In Tallahassee,Florida.(hereinafter referred to as the'Division"), and City of M!am[(FIFO Rescue), (hereinafter referred to as the"Sub-Recipient"). For the purposes of this Agreoment,the Dh4slon serves as the pass-through entity for a Federal award, and the ub-Rveipient serves as tho recipient of a subaward. Tkii6 AGR EMENT IS EWERED INTO BASED ON THE FOLLOWING REPRESENTATION ; A, The Sub-Riaclpterd.represents that It Is fully qualified and eligible to.receive these grant fonds to provide the services Identified herein; B. 'rho State of Pride received these grant funds from the Fadefal government, and the Division has fhe aut hodity to subgrant these funds to the Sub-Recipient upon the terms and condition ou ine below,and, C, The Division has statutory Wthorlty to disburse the fonds Under this Agreement, TFM-REFORE,the Division a1 the Sub«Rad l nt agree to the following; (1) APPLICATION OF ST TE TO THIS AGREEMENT 2 .F,R, §200 M(a)provides:"Each state must expend and account for the Federal award In acwrdanos with state laws and procadum for expending exponding and accounting for the states own funds..,,' Therefore,section 21.5.971, Florida Statutes,entftad"Agreements funded with federal or state assistance,"applies to this AOM6Mantr a. The Stal-ReclplenVs performance under this Agreement Is subject to 2 G.F.R. Bart 200,entitled"Uniform AdMnIstrafiv6 Raqulrernehts, Cost Principles,and Audit.Requirements.for rederaJ Awards,' b. As required by Se c t 215,971(1),F onda Statutes$pia Agreement f Wdes; i. A provision specifying a scope of work that clearly establishas the tasks that the SubwReolpientls required to perrorm, It, A provision dMding the a reemont Into quantifiable snits Of defiverablas that must be remived and accepted in writing by the Division berbre payment. Each deliverable must be directly related 0 the scope of work and srmcify.the required minimum level of service to be wormed and the criteria for evaluating#w suceessfui completion of each.deliverabiee ills A Orovislon specifying the financlol consequences that apply If the Sub- Reol lent falls to perform the minimum level of service required by the agreement, Iv. A provision.specifying that the Sub-Reclpi nt may expert funds only for allowable roasts resulting from obtigdons incurred durin .the sal d agreement period. vv A provision specifying that any balance of unobllgaWd finds which has been advanced or paid must be refunded to the DIvlsf rh, 828 vl. A provision specifying that any funds paid In excess of the amount to which the Sub-Recipient Is entitled under the terms and conditions of the agreement must be refunded to the Division. Q 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 ether statute, rule,or regulation applies. (3) QN_TA T a. In accordance with section 21U71(2),Florida Statutes,the Dtvislon's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and.conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of hislher duties,the Grant Manager for the Olvts€on shall; i, Monitor and document Sub-Recipient performance,and, If. Review and document all dellverables for which the Sub-Recipient requests payment. b. The Division's ant Manager for this Agreement is: Ja I . Jackson rant Mena et 2665 ftma Boulgy_ar TaIIejhg§sg%_fjgddg Telephone �50 W4 44 Email-,Jary*a,Jackson ern-mv orlda.gq c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Asst.Fire Chief Adrian Plasenda 444$Ulf 2nd Avenue'loth Floor Weimi,FL 33130 Telephone -41 - 0 Fax. 36 4164665 Email; m d. in fe event that different representatives or addresses are designated by vlthier party after execution of this Agreement, notice of the name,title and address of the new representativo will be provided to the other party. (4) LELRMS 6tQ, N S This Agreement contains all the terms and conditions agreed upon by the parties. ( ) This Agreement may be executed In any number of oounterparts, any one of which may be taken as an original. 3 829 (6) pIFI A7YION Either party may request modif€oation of the provisions of this Agreement, Changes wh)ch are agreed upon shall be valid only when In writing,signed by each of the parrtles,and attached to the original of this Agreement, (7) gQOPE QF c�Rl�, TheSub-Recipient shall perform the work In accordance with,the Budget and cops of Work,Attachments A and B of this.Agreement. (8) PERIOD OF. g F T. This,Agreement shall begin upon execution by bath parties and rail end December $1,2024 unless terminated earlier In accordance vOth the provisions of Paragraph (17)of this Agreement, Consistent with the definition of"period of performance"contained In 2 C.F.R, g200,1,the term"period of agreement"refers to the gme during which theSub-Recipient"may incur new oUlgations to caM out:the work authorized under"this Agreement, In accordance with 2 ,F.R, §2Kt the Sub-Recllplent may receive reimbursement carder this Agreement only for"allowable coats Incurred during the period of performance," in accordance Oh 4%Wn 21 .971(l)(d),Florida StaMes,the~pub-Recipient my expend funds authorized by fihla Agreement"only for allowable ousts resulting from obligations Incurred during" the period of agreement, a. This Is a cost-reimbursement Agreement,subject to the availability of funda. The State of Florida's performance and obligation to pay under this;Agreement.Is continent Moon an annual appropriation by the t.epistatu ,and subject to any modification In accordance with either Chapter 2 16,Florida Status, or the Florida Constitution. cW The Division will reimburse the Sub-Reciplent 9ft for allowable costs incurred by the u Reoipient In the successful completion of each deliverable. The maximum reimbursement amount. for each deliverable is outlined In.Attachment A and B of this Agreement("8udgot and Scope of Wore). Themaximum reimbursement amount for the entirety of this Agreement Is$14,01 _,500.00. , As rewired by 2 O,F.M§200,41 (a€),any request for payment under this Agreement must Include a certification, si ned by an official whg is author ed to Ie ell 6!gd the Sub- eci ien 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 fbr the purposes and objectives set forth in the terms and condittons of the Federal award, I am aware that any false,fictitious,or fraudutent information,or the omission of any material fact,may subject me to criminal, clvti or administrative ponelties for fraud,false statements,falso claims or otherwise,(U.S.Code Title 18, Section 1001 end Title 31, Sections 37 0-3730 and 801. 12)," e. The Division will review any request for reimbursement by comparing the documentation provided by theSub-Reolplent against a performance measure,outlined in Attachment S, that clearly delineates. 4 830 1. The required minimum acceptable level of service to be performed;and, H. The criteria for evaluating the successful completion of each deliverable, f, The pw(R)rmanee measure required by section Florida Statutes, remains consistent with the requirement for a,"performance goal",which is defined in 2 C.F,R,§2M.1 as "a target level of peaformence,expressed as a tangible,measurable oblectiva, against which actual achievement can be compared." It also romains conalatent with the requirement,contained In 2 CY R, MUM that the Division arid the Sub-Roo Iplent"relate financial data to penance goafs and objectives of the Federal award." g, If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for overtime expo es in a=rdance with 2 CF.R. §200. 0("Componsation personral services")and 2 C,F.R. §200.4.11 t"Componsation--fringe benoflts"), if the Sub-Recipient seeks reimbursoment For overtime expenses for periods when no work is performed due to vaca on,holiday, illness,failure of the employer to prrsvide su icient work,or other similar cause�seo 29 U. >C, §247(e,)( )),then the Division will treat the expeniae as a Ffinge benefit. 2 C.F.R.§200.431(a)defines fringe benefits as `allowances and services provided by employers to their employees as compensatlon in addition to regular salaries and wage' FAnge benefits are allowable under this Agreement as tong as the benefits are reasonable and are required by law,Sub-Reciplent mployee agreement,or an established policy of the Sub-Rocipient, 2 C.F,R. §200.431(b)provides that the coat of fringe benefits in the form of regular compensaton paid to employees during periods of authorized absences from the job, such as for annual leave,farrrily-related leave,sick leave,holidays, court leave,IWIltary leave, administrative leave,and other similar banafits,are allowable If all of the following criteria are met! L They are provided under established written leave policies, ii. The casts are equitably allocated to all related activities,including Federal awards;and, (it. The awounti"q 4asls�-zash or accrual)selo f d for oorting woh type of leave is oonsistehtly followed by the non-Federal entity or specified grouping of employees. h. If authorized by the Federal Aw wding Agency,then the Division will re1mbuma the Sub-Neolpient for trawl expenses in accordance with 2 C,P.R,§20O 76. As required by the Reference Guide For State Expenditures, reimbursement for travel roust be in accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state travel voucher, if the Sub- Reclplent seeks re1mbursement for travel costs that exceed the amounts stated in section 112.061(6)( ), Florida Statutes($6 for breakfast 11 for lunch,and$19 for dinner),then the Sub-Reclplant 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 Sutra-i eolplent's written marvel polloy;and, 11, Participation of the ladMd al in the tv vet is ri%�, ss nj to the Fiadmat award. 5 831 I. The Division's graotmanager,as required by section 295.971(2)(c), Florida Statutes, shall reconcile and verify all funds recalved against all funds expended during the grant agreement period and produce a finai r000ncillation report, The final report;must identify any funds paid In excess of the expenditures incurred by the Sub«Reolvient. j. As defined by 2 C.1 R. §200.1,the term"Improper payment"means or Includes: 1. Any payment that should not have been made or that wn made In an incorrect amount(including overpayments and underpayments)under statutory.contractual, administrotive,or other legally applicable requirements,,and, ii. Any payment to an ineligible party,any payment for an Ineligible good or service, any duplicate payment,any payrnenf for a good or service not received(except ft>r such aymMtS wherO authorized by law), any payment that does not account for cmdit for applicable ,discounts, and any payment where Insufficient or lack of documentation prevents a reviewer from iscer ing whether a payment was proper, ic,. Any advance,payrnent under this Agreement is subfact to section 215.181(19), Florida Statutes,The amount of advanced funds May not exceed the expected cash needs of Subs recipient within the first ninety('90)days of the term of this.Agreement,If an advance payment Is requested, "budget data on which the request is based,and a JuatIffcaflon statement shall be Included with this Agreervret t as Indicated in Attachment E,Justification of Advance Payment.Attachment E must specify the ar ourit of advance disbursement requested and provide an explanation of the now sally for i and proposed use of the finds. (1 t7}�C,aoR �3 j a. As required by 2 C.F.R.§2tlff,337,the Federal awardirng agency, In peators General, I i the Comptroller Cohere)of the United States,and ft Division,or any of their autho zed representatives, shalt enjoy the right of access to any documents,papers,or other records of the Sub�Reclplent which are f f pertinent to the Federal award,in order to make audits, examinations,Oxcerpto,and transcripts, The right of access also In6udes timely and reasonabla access to the Serb-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 reterrtton period but lasts as long as the rocwds are retained, b, As required by s actlom 20,055( )(c)and 21 G,97(C)(b),Florida Statutes,the Division, the Chief Inspector General of the State of riorida, the Florida Auditor General,or any of their authorized representatives,shall enjoy the right of access to any documents,€inarmial statements,papers,or other r000rds of the Sub-Rocipfent which am pe dnent to this Agra meet,In order to make audits, examinations,excerpts,and transcripts. The right of access also Inait des timer+and reasonable mess to the Sub-Recipient's personnel for the purpose of interview and discussion related to such document$. c. As required by 2 C,F,R, §200,334, the Sub•Reciplent shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants pald from funds sunder this Agreement for a period of three(3)years from the data of 6 832 from disclosure by the Leglaloture, all materials made or received by 0 governmental agency(or a private entity acting on beh aft of such an agency)In oonJunction with official business which are used to perpetuate,communicatO, or formalize knowledge quality as public records sub t to public"rnspectlon. The more receipt of public funds by a private entity,standing alone, Is insufficient to bring that entity whin the ambit of the public r000rd 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 servlc"provided by a private entity determine whether that entity to acting on behalf of o public agoncy and Is therefore subject to the requirements of Florida's Public Records Law. 1, The Sub-Reaiplent shall maintain off records for the Sub-Recllent and for,all subcontractors or consultants to be paid from funds provided under this Agreement, Including docurnontution of all program costs, In a form sufficient to determine compliance with the requirements and obi cis of the Budget and Scope of Work")Attachment A and A«and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION F CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING T THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (350) 5 767 , Racords@em.myflor1da,com,or 2555 Shumard Oak Boulevard, 'Tallahassee, Fl. 32399. a. The Sub- eolpFent etail comply with the audit requirements contained In 2 C.F.R. Part:M, Subpart F. b. In socounfing for the receipt and exponOure of funds under this,Agreernant,the Stab-Recipte€tt shall follow Generally Accepted Accounting Principles CGAAP"), As defined by 2 C;F.R, §200.1,GAkP"has the meaning speoifled in accounting standards Issued by the Government Accounting Standards Award (GAB)and the Financial Accounting Standards Boar[(FA B).� c. When conducting an audit of fe Sub-Recipla€at's performance under this Agreement, the Division shall use Generally Aompted Goverment Auditing Standards CGAGAS"). As defined by 2 C.F.R.§200.1, GALAS,"also known as Vie Yellow Book, means generally a=pted government auditing standards Issued by the Comptroller General of the United States,which are applicable to financial audits." d, if are audit shows that all or any Portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the ub-]�eclpient shall be held liable for reimbureamernt to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has hauled the Sub-R 1plent of such non- compliance. 9 833 e. The Sub-Roclplent shall have all audits completed by an Independent auditor,which Is defined in section 216,97(2)(1). Florida Statutes, as"an Independent certified public acoountant licensed under chapter 473." The independent auditor shall state that the audit compiled with the applicable provisions noted above. The audit must be received by the Division no later then nine months from the end of the Sub-Recipient's fiscal year, f, The Sub-Recipient shall send copies of reporting packages for audits conduclod in accordance with 2 C,F.R. Part 200, by or on behalf of the Sub-Redplenf,to the Division at the.following address, DEM8IngleAudlt0_em.myfIorWacoo PR Office of the Inspector General 2565 Shumard Oak Boulevard Tallahassee, Florida M99-21.60 9, The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit aeadnghayse by submismon online at- htXts'//racide_s,cqnsus.gov h. The Sub-recipient shall send any management letter Issued by the auditor to the Division at the fatlowing address, Off"of the Inspector General 2655 Shumard Oak Boulevard Tallahassee, Florida 323992100 (112)RgRORTS a. Consistent with 2 C.F9R §20U28,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 rompletlng the work desork.wed In the Scope of Work and the expenflit'Qre 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'llhan thirty(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 daWs for each quarter of the program year are March 31,June 30, Septem bar$0,and December 31, o, The close-out report Is due 60 days after termination of this Agreement or 30 days after completion of the activities contained in this Agrooment,whichever first,occurs, d, If all required reports and copies are not sent to the Division or are not completed Ina manner aixeptablo to the DIvIslon,then the Division may:withhold further paymenis until they are 834 completed or may take other action as stated In Paragraph(16)REMEDIES. "Acceptable to the Division" means that the work product was completed In accordance with the Budget and Scram of Work. e. The Sub-Recipient shall provide additional program updates or Information that may be required by the[division. f, The Sub-Reclplant shall provide additional reports and Information identified In Attachment B. (13)MQWL0 INa a. Consistent with 2 C.F.R.§200,328 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 truing 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 8 to this Agreement and reported In the quarterly report. b, In addition to reviews of audits, monitoring procedures may include,but not be limited to,On-alto visits by Division staff,limited scope audits, and/or other procedures, The Sub-Recipient agrees to comply and cooperate with any monitoring procedurestprocesses deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Scab-Recipient is appropriate,the Sub-Recipient agrees to comply vAth any additional Insrruo9ons 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 r anagernerit by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14)iM A�TY a, Unless Sub-Recipient Is a State agency or subdivislon,as defined in section 763.28(2),Florida Statutes,the Stab-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement,as authorized by section 768.28(19), Florida Statutes,Serb-Recipient shall bold the Division harmless against all claims of whatever nature by third parties arising from the wort 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 requlred by section 768.28(19),Florida Statutes,any Sub-Recipient which is a state agency or subdivision, as defined In section 768,25(2), Florida Statutes,agrees to be fully responsible for Its negligent or tortious acts or omissions which result In claims or sults against the Division,and agrees to be liable for any damages proximately caused by the ants or omissions to the ant 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 paar Ues In any matter arising out of any contract. f1 835 o. As defined in section 200.310 Insurance Coverage:The non-Federal entity must,.at a minimum, provide the equivalent Insurance coverage for real property and equipment acquired or Improved with Federal funds as provided to property owned by the non-Federal entity. Federallymownod property need not be insured unloss required by the terms and conditions of the Federal award. (t )P_F._F6U 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 caption to exercise any of Its remedies set forth in Paragraph(16);however, the DIviWon may make payments or partial payrfients after any Events of Default without waiving the right to exercise such remedies,and without becoming liable to make any further payment if; e, Any warranty or representation made bythe 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; b, Material adverse changes occur to the financial condition of the-Sulu-Reciplent at any time during the trarm of this Agreement, and the Sub-Recipiorot falls to cure this adverse change within thirty days from the date wriben notloe Is sent by the Divlslow, c, Any reparls required by fhb Agreement have not been submitted to the Division or have been submitted with 1n rat, Incomplete,or insuff dent Information,, or, d. The Sub,-Reolpient has failed to perform and complete on time any of Its obligations under thin Agreement If an Event of Default occurs, then the Division shall,air 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 toll owing remedies,either concurrently or consecutively: a, Terminate this Agreement:, provided that the Sub-Redpient is givon ed least thirty days prior written notice of the termination. The notice shall be effective when placed In the United States,first class mall,postage prepaid, by reptered or cariified rnall-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 tho Scab-Reclplont refund to the Division any monies used for Ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exer*e any corrective or remedial aottcns,to lnclkAda but not be limited tCa: 12 836 L Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-cornpilance or lack of.performance, fl. Issue a written warn€ng to advise that more serious measures may be taken ifthe situation is not corrected, M. Advise the Sub-Recipient to suspend,discontinue or refrain from Incurring crests for any ac(fvies in question or N. Require the Srab•Recipl )t to reimburse the (Division for the amount of costs Incurred for any items determined to be Inellcdible; f. The Division may AdmInlstrativiply close an Agreement.The Dlvtsion may use the adminiefrative close-out process when a Sub,RRedplerrt is not responsive to reasonable efforts to collect required reports neoded to complete the standard close-cut process.The Division will make three written attempts to collect required reports before initiating administrative close-out.In addition,If art agreement is administratively O)sed,the Division.may decide to Impose remedies for noncompliance per 2 C.F.R, 200.339,conaldor this information In reviewing future award app oatlons, or apply special conditions to existing or future awards, If the Division needs to admmlstraVvely close gin agreement,this may negatively Impact a Sub-Pkeciplent's ability to obtain future funding. g. Exercise any other rights or rornodles which may be available under law, Pursuing any of the above rornedles will not stop the 010slon f m pursuing any rather re adles In this Agreement-or provided at lave or in equity. If the Division waives any right or remedy In this Agreement or fails to Insist on striot performance by the Sub-Recipient, if will not affect,emend or waive any other right or remedy of tho Division,or act the later axercise of the same right or remedy by the Division for any otwr default by the Sub-Recipient. (I7)Tffii�t11VA a. The Division may terminate this Agreement for cause after thirty days(30)written m oe. Cause care loclmde misuse of Wnds,fraud,lack of compliance with applicable rules,law,%and mgulatlens,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 ohapter 119, orida Statutes,as amended. b, The Division may terminate this Agreement for causes after rejecting an appeal subrnittod due to noncompliance, nonactivity,and/or a lack of expenditures for four(4)consecutive quarterfy reporting pert ds. c. The Division may terminate this Agreement for convenience or when it determines, In t We discretion,that continuing the Agreement would not produce beneftclal results In lima with the further expenditure of funds, by provi i g the Sub-Raul ent with thirty calendar days prior written notice, d, The partles may agree to terminate this Agreement for their r ritual convenience through a written amendment of this Agreement. The Amendment will state the effective date of the termination and the prooedures for proper closeout of the Agreement, 13 837 a. In the event that this Agreement le terminated,the Sub-Recipient will not Incur now robiigations for the terminated portion of the Agreement after the Sub-ftuiplent 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. Tho Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by tho Sub-Reciplent. The Divfslon may,to the extent authorized by law,withhold payments to the Sub-Reolpfont for the purpose of set-off until the exact amount of damages due the Divielon from the Sub-Recipient Is determined. (18) RQC JR^M_ lT a. The Sub-Recipient shall ensure that any procurement Involving funds authorized by the Agreement complies with ell applicable federal and state laws and regulations,to Include 2 C-F,R. §§200.318 through 200.327 as well as Appendix ll to 2 C.f A. Part 200 (entitled"Contract Provisions for Mon-Federal Entity Contracts Under Federal.awards"). b, As required by 2 ,FAR.§200.31%i),the Sub•Recfplent shall"maintain records sufficient to detail the history of procurement. These records will Include but are net necessarily limited to the following; rationale for the rnethod of procurement, selection of contract type,contractor selection or reJoction, and the basis for the contract price." c. As required by 2 G.F.R.§200.31 (b),the Sub-Reciplerst shall"Maintain oversight to ensure that contractors porforrn In accordance with the terms, conditions, and speclfleatlons of their contracts or purchase ordor .� In order to demonstrate compliance with this requirement,the Sub- Recipient shall doGtjmerrt, In Its quartoriy report to the Olvislon,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)(1)or procurements by small purchase procedures pursuant to 2 C,F.R, §200,32D(a){2), if the Sub-Reclpient chooses to subcontract any of the work requIred under thin A reemment,then the Sub•Raoipient shall forward to the Division m copy of any aotl tlon(whether competitive or non- mpetiti )at least ton r;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 with, In seven (7)business days. Consistent with 2 CY.R.§ 00,326,the Division will review the zolioitation for compliance with the procurement standards acatlined Jrt 2 CY.R.§200.318 through 200.327 as well as Appendix 11 to 2 C, ,R,Part 2,00. Consistent with 2 C.F,R.§200.318(1<), the Division will not substitute Its judgment for that of the Sub-Reciplent, While the cab-Reciplent does not ne"they approval of the Division in order to publish a competitive solicitation, this review may sallow the Division to identify deficiencies in the vandor 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 Serb-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 these deficiencies to the Sub-Recipiont as quickly as possible within the 14 838 seven(7)business day window outlined above. If the Sub-Reciplent 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 (t 7)above;and, IL Refuse to reimburse the Sub-Recipient for any costs associated with that saiiaitatlon. e. Except fbr procurements by m)cro-purchases pursuant to 2 C.F.R.§2W.320(a)(1)or procurements by small purchase procedures pursuant to 2 C,F.R.§200.320(a)(2), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall fbr•ward to the Division a copy of any contemplated contract prier to contract execution. The Division shall review the unexecuted contract end provide comments,If any,to ft Sub-Rociplent within seven(7) business days. Consistent with 2 C,RR.§200,325,the Division will review the unexaoauted contract for complianoe with the procurement standards ou lned in 2 O.F,R.§200.31$through 200 327 as well as Appendix 11 to 2 C.F.R, tart 2 . Consistent with 2 C.1=.R, §200.31&(k),the Division will not substitute to judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division In order to execute e subcontract,this review may aMw the Division to identify d>fiefencles in the terms and conditions of the subcontract as well as deflctenoles in the procurement process that led to ft sub n1tract. The Division's review and cornments shall not constitute an approval of the subcontmot. Regardless of the Division's review, the Sub-Reciplent remains bound by all applicable laws,regulations, and agreement terms. IF during its review lie Nvision IdentlNes any deficiencies,then the Nvislon shall communicate those deficiencies to the Sob-Recipient as quickly as possible within the seven (7)business day window outidnod above, if the sub-Recipient executes a subcontract after receiving a communication from tho Division that the subcontract.Is non-oompliant,then the Division may: 1. 1'ernmin€rte this Agreement in accordance with the provisions outlined in paragraph(17)above;and, li, Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. f, The Sub-Reolpient aorees to Include In the subcontract that(I)the subcontractor Is bound by the teams of this Agreement,(if)the subcontractor is bound by all applicable state and federal laws and regulations, and(lii)the subcontractorshall hold the Division and Sub-Reolplent harmless against all claims of whatever nature arising out of the subcantraotor's performance of work under this Agreement,to ft extent allowed and required by law. erected g. As required by2 C,F.R. §200.318(c)(1), the Sub-Rocciplon-t shall"maintain written standards of conduct covering conflicts of Interest and governing the actions of its employees engaged in the sel", on,award and administration of contraoft," h• As required by 2 G.F.R. §200.319(b)contractors that devetop or draft specifications, requirements,statements of work,or Invitations for bids or requests fort roposaLs must be excluded from 1 839 competing for such procurements,The Sub-Recipient or pass-thru entity must disclose to the Division,In vurttMg,any real or poten lal conflict of interest that may awe during the adminlstrsttan of the federal award,as defined by federal statutes or ragulations, or their own existing policies,within five(5)days of leamiacg of the conflict of interest."Conflict of Interest"le considered as any situation where an-employee, officer,or agent, any members of hIs or her Immediato family,or his or her partner has a close personal relationship, buoinoss relationship, or professional relationship,with e reciplent or Sub-Recipient. L As required by 2 C, ,R, §200.3 (a),the Sub-Reciplent shall conduct any procurement under this agreement"in a manner providing full and open competition:' Accordingly,the ub-Rocipfant shalt not: I. Place unreasonable requirements on firms In order for thorn}to qualify to do business; ll. Require unnecessary expedonoo or excessive bonding; 10. Use noncompetitive prloing prac ess between firms or between affiliated companies; v. Execute noncompetitive contracts to conslulWnts that are on retainer contracts; v. Authorize,condone, or ignore organizational conflicts of interest; A. Specify only a brand name product without allowing vender to offer an equivalent; vii. Specify a band name product instead of describing the performance, specifications,or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii, Engage In any arbitrary action 4wing the procurement process;or, ix. Allow a vendor to lid on a contract if that bidder was Involved with developing r drafting Hie specifications, requirements, statement of work,Invitation W bid,or request for proposals. j. ";A jxaept in those oases where appflo&e Federal statutes expressly mandate or encourage otherwl e, the Sup -Recipient,as required by 2 C,F,R, 200.399(c),shall not use a geographic preference when procuring commodities or services under this Agreement. k. The Sub-Reelpient hall conduct any procurement involving invitations to bid.(Le. sealed bids)fn accor>daoo(i with 2 C.F.Q.§200.320(b)(1)as well as section 287.057(l)(a),Florlda Statutes, I. The Sub-Raolpient shall Conduct any procurement Involving requests for proposals (Le.competitive proposals)In accordance with 2 C.RR.§200.320(b)(2)as well as sectlon 287M7 1)(b), Florida Statutes. rot. For each subcontract,the Sub- eoiplent shall provide Information to the Division as to whether that subcontractor Is a minority business enterprise,as defined irk SwAtoti 28 .70'al Flm da 16 840 Statutes,except for the requirement the subcontractor be domiciled In Florida,on the required Procurement Method Report(Form 6), Additionally,the Sub-Reclplent shall comply with the requirements of 2 C.F.R.§200.321 CContracting with small and minority businesses,women`s business enterprises, and labor surplus area firms"). r+, FFMA has developed helpful resources for Sub-Recipients using federal grant gads for procurements.These resources are generally available at https,llwww.fema,cgovigrants/procurement, FEMA periodically updates this resource page so please check back for the latest Information, While not till then provisions discussed In the,resources are applicable to this subgrent agreement,the Sub-Reclpient may find these resources helpful when drafting Its solicitation and contract for compliance with the Federal procurement standards outlined in 2 C.F.R.§ 2QQ,318 through 200.327 as well as Appendix 11 to 2 C. ,R. Fart 2f14. (1g) A S a. All attachments to this Agreement are Incorporated as if set out fully, b, In the event of any Inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control,but only to the extent of the conflict or Inconsistency. c. This Agreement has the following attachments: 1. Exhibit 1 -Funding Sourms li. Exhibit 2—CertiflratIon Regarding Telecommunications and Video Restrictions Ill. Exhibit 3—Certification regarding Lobbying Iv. Attachment A—Program Budget v, Attachment B—Scope of Work vi. Attachment C—Dellverables and Performance Al. Attachment 0—Program Statutes and Regulations vill. Attachment E—Justification of Advance Payment Ix. Attachment F—Warranties and Representations x. Attachment G—Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion xi. Attachment hI—Statement of Assurances xii, Attachment 1—Mandatory Contract Provisions xlii.. Attachment J—Financial and Program Monitoring Guidelines )dv. Attachment K—EHP Guidelines xv. Attachment L—Reimbursement Checklist ,(20)PA'a<M —T 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 1'7 841 Financial officer or under subparagraph (9)b.of this Agreement, all obligations on the part of the Division to make any farther payment of frauds ahall terminate,and time Sub-Rocipfent 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 documentatlon for all costs of the project or services. The final invoice shall be submitted within thirty(30) days after the expiration date of the agreement. An explanation of any circur standas prohlbtft 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 sukeck to 2 C.F.R §200.306 md,as applicable,section 216.161(16),Florida Statutes,All requests for advance payments will be reviewed and considered on a ease-by so basis.All advances are required to be held In an interest-gearing amoLuit.. If an advarice payment Is requested,the budget data on whirh the request is based,and a Justiftation statement shall be Included In this Agreami tint as Attachment E. Attachment E. will specffy the amount of advance payment needed and provide an explanation of the necessity for and proposed use at these lurrds, No advance shall be accepted for prowning If a reimbursement has been paid prior tothe submittal of a request for advanced payment~ After the Initial advance, if any,payment shall be made on a relmbursement basis as c ede . r~ t1 E?PAEM a. All reknds or repayments due to the Mlsion under this Agreement are to be made payable to the carder of"DIvlslon of Emergency Management",and mailed directly to the following address. Division of Emergency Management Cashier 2656 Shumard Oak Boulevard Tallahassee L 32399-2100 b. in acoordance with section 215,34(2), Florida Mutes,if a check or other draft Is returned to the Division for collection,Sub-Recipient shall pay the Division a service fee of$16.00 or 6% of the face amount of the returned check or draft,whichever Is greater. 22 t ATgp i Q S a.. The validity of this Agreement Is subject to the truth and accuracy of all the information,ropresentatlons,and matarials submitted or provided by the Arta-Reciplent in this Agreement, In any later submission or response to a Division request,or In any eubmissfon or response to fulfill tho requirements of this Agreement. All of said Information, representations,and materfals are Incorporated by reference. The inaccuracy of the submissions or any materlot changes shall, at the option of the Division and with thirty days written not oo to the Saab- eciplent, cause the termination of this Agreement and the release of the Divisfoan from all'RS cabllgatiorrs to the Sub-E> eolpfent. 1� 842 b. This Agreement shell 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 proyislon shall be null and void to the went of the conflict,and shall be severable, but shall not Invalidate any ether provision of this Agreement. c. Any power of approval or disapproval granted to the i Ivlslon under the terns of this Agreement shall survive the terra of this Agreement. d. The Sub-Reolpient agrees to comply with the Americans With Disabillti Act(Public Law 101-330,42 VS,C,Section 12101 et._,sea.),wNch prohibits discrirninstlon by public and private entities on the basis of 41sability In employment, public accommodations,transportation,State and local govermnent services,and telecommunications. e. Those who have been placed on the Qnyj�Wq vendor list fbilawing a convleilon for a public entity crime or on the dls�o_ry vendor list may not submit a bid on a contract to provide any goods or services to a public entity,may not.submit a bird on a contract with a public entity for the construction at repair of a public building or public work,may not submit bids on lease$.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$26,000.00 for a period of 36 months from the date of being pia d on the convicted vendor fist or on the discriminatory vendor list, f. Any Sub-Recipient which is not a Wall government or state agency,and which receives funds under this Agreement from tip federal govern ment,cwtifles,to tYte 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 trransactlons by a federal department or agency, 11, Have not,within a five-year period preceding this proposal been convicted of or had a elvli judgment rendered against thews 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 puNo transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery, bribery,faisiflcation or destruction of records, making false statements,or receiving stolen property; Ill. 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 ( )f.If.of this oeAficatlon;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. It the Sub-Reciplent is unable to certify to any of the statements In this cert€fication, then the Sub-Recipient shell attach an explanation to this Agreement. 19 843 h. in addition,the Sub-Ractplent stall send to the Division(by email or by facsimile transmission)the comptetod"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Vlxciuslon" (Attachment G)for each Intended subcontractor which Sob. Re+ iplent plans to fund lancer this Agreement. The fora roust be received by the Division before the Sub-Roolplent enters Into a contract with any subcontractor. I. The Division reserves the right to unilaterally cancel this Agreement It the Sub. Recipient refuses to allow public access to all documents, papars,letters or other material subject to the provisions of chapter 11 g, Florida Statutes,which the Sub-Recipient created or received under this Agreement. j. If the Sul�Reclplent 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 ft contract amount. k. 'The State of Mrida wilt not Irrtantionaliy Ord publicly fu ndod contracts to any contractor who knowingly employs unauthorized alien workers,constituting a violation of theemployment provisions contained In g UZ.0. Section 1324s(e)(Section 274A(e)of the Immigration and nationality Act (11NI )]. The Division shall consider the employment by any contractor of unauthorized aliens a violatlon of Section 274A:(e)of the INA. Such vlolatlon by the Sub-Reciplent of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancelfatlon of this Agreement by the Division, I. Section 287,05805, Florida Statutes, rewires that any state funds provided for the purchase of or improvements to real property are contingent upon fo 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 a years from the date of purchase or the completion of the improvements or as further required by law~ m. sinless preempted by federal law,the Division may,at Its option, terminate the Contract if the Contractor Is found to have submitted a false certification as provided under section 267.136(6), 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. a. 2 C.F.R. §200,450 prohibits reimbursement for casts associated with certain lobbying activitl". b. Section 216,347, Florida Statutes, prohlbita'any disbtir" ent 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," 20 844 c. No funds or Bather resources received from the Division under this Agreement may be used directly or indirectly to Influence ieglsiatlen or any other official action by the Florida Legislature or any stale agency. d, Tito Sub-Recipient certifies,by its signature to this Agreement,that to the beet 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 daub-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 coopera0ve agreement. II. if any funds other than Federal appropriated funds have been paid or win be pain to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement,the Sub-Reolplent shall complete and submit Standard Form-L.L.L,"Disclosure of Lobbying Activities." III, The Stab-recipient shall require ftttat this certl0caon be Included in the award documents for all sUbawards(including subcontracts,subgrants,and contract under grants, loans,and"operative 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 1352,7111le 31,U.S.Code, Any person who falls to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than 4100,000 for each such failure. V. If this subgrant agreement amount Is$100,000 or more,the Sub--recipient, and subcontractors,as applicable,shall sign Attachment M—Certification Regarding Lobbying. (24}COPYRI A1F__NT h1D T M EXCEPT AS PROVIDED BELOW,ANY AND ALL PANT RIGHT'S ACCRUING UNDER CAR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE SATE OF FLORIDA;AND,ANY AND ALL COPYRIGHT$ACCRUING UNDER OR IN CONNECTION VWTH THE,PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-IRECIPIENT TO THE STATE OF FLORIDA. a. if the Sub-Recipient has a pre-existing patentor copyright,the Sub-Recipient shell retain all rights and entitlements to that fare-existing patent or copyright unless the Agreement provides otherwise. 21 845 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 shell refer the discovery,or invention to the Division for a deto nlnation whether the Mate 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 Mate of Florida. If any hooks,manuals,films, or ether copyrightable material are produced,the Sub-Reciplent shall nottfy the Division. Any copyrights accruing under or In connection with the performance under this Agreement are transferred by the Sub-(recipient to the Mate of Florida. c, Within thirty days of execOnn of this Agreement,the Sub-Reciplent shall disclose all Intellectual properties relating to the performance of this Agreement which he or she knows or should known 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, Fatlum to disclose will Indicate that no such property wdstsx 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 Surf 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 shell retain a perpetual,Irrevocable,fully- pall, nonexclusive license,for its use and the use of Its contractors of any resulting patented,copyrighted or tr demarkod work products,developed solely by the Sub-Recipient, under this Agreement,for Florida government purposes. (26 LEGAL AU O AT€3N The SubMRaclplat certMes that It has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and ncceptance of this Agreement, The Sub- Recipient also cerflfles that the undersigned person has the authority trr legally execute and bind Sub- recipient to the terms of this Agreement. a. In accordance with 41 CY.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 modlflcation thereof, as defined In the regulations of the Secretary of Labor at 41 OFIR 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, wring the performance of this contract,the contractor agrees as follows, 22, 846 1, 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,religlon,sex, sexual orientation, gender Identity,or national origin. Such action shall Include, but not be limited to the following: mploymont,upgrading,demotion,or transfer,recruitment or recruitment advertising, layoff or termination,,rates of pay or other forms of compensation,and selection flu°training, including apprenticeship„ The contractor agrees to past In consptcuous places,available to employees and applicants for employment,noticaas to be provided setting forth the provisions of this nandiscrirnination clause, ii, The contractor will, In all soRcliations 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,seat,sexual orientation,gender identity,or national or€gln. Ili, The contractor will not di$ohargs or In any other manner discriminate against,arty employee or applicant for employment because such employee or applicant has Inquired about,discussed,or disclosed the comportsatlon of the employee or applicant or another employee or applicant. This provision shall not apply to Instances in which an employee who has aces 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 acmes to such information, unless such discic ure is In response to a formal complaint or charge,In furtherance of an investigation, proceeding,hearing,or action, Including an Investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. Iv, The contractor will send to each labor union or representative of workers with which he has a wilective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor Union or workers'representatives of the contractors commitments under this section and shall post copies of the notice in conspicuous places available to omployees and applicants for employment. V. The contractor will€omply with all provisions of Executive Order 11246 of September 24,1966,and of the rules,regulations,and relevant orders of the Secretary of Labor. vi. The contractor will furnish all Information and reports required by Execrative Order 11246 of September 24, 1065,and by rules, regulations,and orders of the Secretary of Labor,or pursuant thereto, and will permit access to hie books,records,and accounts by the administering agency and the Secretary of tabor for purposes of Investigation to ascertain compliance with such rules,regulations,and orders, A In the event of the contractor's noncompliance with the nondlscriminatlon clauses of this contract or with any of the said rules, 23 847 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 witty procedures authorized in Executive Order 11246 of September 24,1966, and such other sanctions may be imposed and remedies Invoked as provided In Executive Order 11246 of September 24, 1 965,or by rule, regulation,or order of the Secretary of Labor,or as otherwise provided by law, vii, The contractor will Include the portion of the sentence ImrnedWely 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, 1665,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 carder as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncomplianw: 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 motes to enter Into such litigation to protect the interests of the United Statos., 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 government which does not participate in work on or undar the contract, o, The Sub-Recipient agrees that it wllt assist and cooperate actively with the administering agency and the Secretary of tabor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and:the rules, regulations,and relevant orders of the Secretary of Labor,that it will furnish the administering agency and the Secretary of Labour such Information as they may regulre four the supervision of such compliance, and that It will otherwlse assist the administering agency In the discharge of the agency's primary responsibility for securing compliance, d� The Sub-recipient further agrees that It wlil refrain kom entering into any contractor contract modification subject to Executive Order 11246 of September 24, 1 g65,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 obtuse as may be Imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part ll, Subpart D of the Executive carder. in addition,the Sub-Raciplent agrees that If it fails or refuses to comply with these undertakings,the administering agency may take any or all of ft following actions: cancel,terminate,or suspend in whole or in part this grant(contract,loran,Insurance,guarantee);refiein from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred urttli satisfactory 2 848 assurance of future compliance has been received from such Sub-Rociplent; and refer the case to the Department of Justice for appropriate legal proceedings. The Sub-Raolpient hereby agroos that, unless exempt under Federal law, it will incorporate or use to be incorporated into any contract for construction work,or modification thereof, the following clause: 1, Contractor, The contractor shall comply with 18 VS.C. §874, 40 U.Q.C.§3146, and the requirements of 29 C.F.R. pt.3 as may be applicable,which are Incorporated by reference Into this contract. H. Subcontracts. The contractor or subcontractor shall Insert In any subcontracts the clause above and such other clauses as the 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. lit. Breach, A broach of the contract clauses alcove may be grounds for termination of the contract,and for debarment as a contractor and subcontractor as provided In 29 G.F.11, §61Z 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 Mth 40 V&C,3702 and 3704,as supplemented by Department of Labor regulations(29 CFI Part 5). Under 40 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the bests 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.3704 are applicable to construction work and provide that no fabarer or mechanic.must be required to work In surroundings or under working condition?,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) AN Aj9,AO_ANQ..THg fgQER_AL..VAMg POLI-UTION 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.7401-7671 q) and the Federal Water Pollution Control Act as amended(33 U,S,C, 1261-1$87)and WU report violations to FEMA and the Regional Offloo of the Environmental Protection Agency(EPA). 849 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.F.R. pt.3000. As such the contractor Is required to verify that none of the contractor,its principals(defined at 2 G.RR.§ 180.096),of its affiliates(defined at 2 C.F.R.§ 180.906)are excluded .(defined at 2 C.F.R. § 180,940)or disqualified(defined at 2 CAR, § 180.935). 11. The contractor must comply with 2 CY.R. pt. 180,subpart C and 2 G.F,R. pt,3000,oubpart C and must Include a requirement to comply with theso regulations in any lower tier covered transaction It ant Into, III, This certification Is a material representation of fact relied upon by the Division. If it Is later determined that the contractor did not comply with 2 C,F,R. pt, 180,subpart C and 2 C.F.R.pL 3000,subpart C,In addition to remedies available to the DIvIsion,the Federal Government may pursue available remedies, Including but not limited to suspension and/or debarment. W, The bidder or proposer agrees to comply with the requirements of 2 CY,R, pt. 180,subpart C and 2 0,F,R.pt,3000, subpart C while this offer Is valid and throughout the period of any contract that may arise from this offar. The bidder or proposer further agrees to Includo a provision requiring such compliance In its lower tier covered transactions. (31)BYRD ANTI-LOBBYING AMENDMENT If the Stab-Recipient,with the funds authorized by this Agreement,enters Into a contract, then any such contract must Include the following clause: Byrd Antl-Lobbying Amendment,31 VS,C,§ 1352(as amended). Contractors who apply or bid for an award of$100,000 or more shall file the required cer(Mcation. Each tier certifies to the tier above that It will not and has not used Federal appropriated funds to pay any person or organization for Influencing or attempting to Influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant,or any other award covered by 31 US,C.§1362. Each tier shall also disclose any lobbying YAth non- Federal funds that takes place In conneotlon with obtaining any Federal award.Such disclosures are forwarded ftm tier to Der up to the recipient. N the Sub-Roolplent enters Into a contract with a subcontractor for an award of$10D,000 or more, the subcontractor shall sign Exhibit 3—Certification Regarding Lobbying. (32)CCU NTR ACT iNC3WITH SMALL AND MINORITY 8USINESSO,.MME,N-S.ftUPjh= ENTERPRIPgS O,LAPOR SURPWS ARE&F JR_MS a, If the Sub-Reelplent,with the funds authorized by this Agreement,seeks to procure goods or services,then,In accordance with 2 C.F.R.§200.321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used Wh_qneyq[.p!22sjbIe; 26 850 1. Placing qualified small and minority businesses and women's business enterprises on solicitaUan lists, If. Assurling that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; Ill. Dividing total-requirements, who n economically Leasible.Into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; iv. Establishing delivery schedules,where there, permits,which encourage participation by small and minority businesses,and women's business enterprises-, V. Using the services and assistance,a-$OW909te,of such organfzaWns as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce;and A. Requiring the prime contractor,If subcontracts are to be Jai,to take the affirmative steps listed In paragraphs 1.through v.of this subparagraph. b, The mquiroment outlined In subparagraph a,abtive,sorneilmas referred to as "socioeconomic contracting,'does not Impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather,the requirement only Imposes an obligation to carry out and docurnent the six affirmative steps identfied ala6ve. o. The%ocloeoonomlo 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 invoke 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 womoNs business enterprises,does not authorize the Sub-Reciplent 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(a.g, "project splitting"). 134- E The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 27 851 IN WIFNESS ltLREO „ then parties hereto have executed this rrre nie nt. aLlk r' G II IL IT: CITY OF MI MI( IreRescue) I Name and Title rthur 1 ohs a, pity Manager R D# *59-6'&00375 It signing electronically: By lar riding this electronic signature, I cam attesting that I understand that erleclronic sfg'n ataamas are leagaally binding and have the same meaning as haaradwrittera usrgnattrres, I earn also confirming that'lraterraal controls is have been maintained, and that po#cieas and procedures wepro pevpor'ly followed to enserre,the auth entarttyofthe electronic signature. This stcatearnoot is to rertlty that I confirm that this ele dronic skgnaature is to be,the legally talndirag eelcrlveale nt of my handwritten„kgnaterrea and that they data on this form is accurate to the.test of my koowwledgea: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT for:I arno and TitW Kevin Guthrie.Director Date m wSee e signature above 28 852 EXHIBIT—1 Federal Programs and Resources Awarded THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program., UQMELAND 9ECURITY GRANT PROGRAM Fodoral Agency. U.S. 0912arbant gf Homeland Saeurity,Federal,Emg[g MU Management Catalog of Federal!Domestic Assistance title and number 97,067 Award amount: $JJJqJ2_500,00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Federal Program:HgM ELAND,SECURITY_gRANT PR0g!RAM` List applicable compflance requirements as follows; 1. $ub-Roalplont Is to use funding to perform eligible activitles as Identified FY 2022 Department of Homeland Security Notice of Funding Opportunity. Z Sub-Reciplant le subject to all administrative and financial requirements as sat Forth In this Agreement or will not be in compliance with the terms of the Agreement. 3. Sub-Redplent must comply with speolfic 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 216,97(5)(a), Florida Statutes,requirs 1hattho Information about Federal Programs and State Projects Inoluded in Exhibit I be provided to the Sub-Recipient. 29 853 H1131T—2 Certification Regarding Telecommunications and Video Restrictions Effective August 13,2020,DHSIF MA Sub-Realplents,,as well as their contractors and subcontractors, may not use grant funds under the Nonprofit Security Grant Program covered by this Agreement and provided In FY 2022 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,extend or renew contracts with entities that use or provide,,as part of its performance of this agreement or any other contractual Instrument,any equipment,system,or service that uses"covered telecommunications equipment or services as a substantial or essential component of any system,or as c ritloal 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 Au orlxation Act for Fiscal Year 2019 (FY 2019 NDAA), Pub.t.,No, 115.232(2018), and 2 C.F.R.§200216,200.327,20t1A71.,AND Appendix 11 to 2 C.F.R. Part 200.Scab-Reciplents may use DHSIF MA grant funding to procure replacement equipment and services Impacted by this prohibition,provided the gists are otherwise consistent with the requirements of the FY 2021 Preparedness Grants Manual,applicable appendix to the Manual,and applicable NOFO,DHSIFEMA.will publish additional guidance In a subsequent Information Bulletin or similar notice.Per section 889(t)(2)-43)of the FY 2019 NDAA, covered telecommunications equipment or services means: I. Telecommunications munications equipment produced by HuaWei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities), 2. For the purpose of public safety,security of Government facilities,physical security survelliance of critical infrastructure,and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Fii vision Digital Technology Company,or Dahua'Technology Company(or any subsidiary or affiliate of such entity), 3 'Telecommunicatlons or video surveillance services provided by such entitles or using such equipment,or 4. 'Teieacammunicatlons 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 EXrectcr of the Federal Bureau of Investigation, reasonably believes to be an entity awned or controlled by,or otherwise connected to,the People's Republic of China. In the event the Sub-Recipient Identifier covered teiscommunicaflons equipment or services used as a substantial or essential component of any system,or as critical technology as part of any system,during contract performance or at any Ume or by any other-source,the Sub-Recipient shall report the Irrforrnation to the SAA: 1. Within one business day from the date of such Identification or notification.The contract number, the order number(s),If applicable;supplier name;supplier unique entity Idesatifier(if known); supplier Commercial and Government Entity(CAGE)code(if known);brand; model number (original equipment manufacturer number,manufacturer part number,or wholesaler number); item description;and any readily available Information about mitigation actions undertakers or recommended. 2. Within 10 business days of submitting the aforementioned Information-Any further available Information about mitigatlon actions undertakers or recommended. In addition,the Sub-Reciplent 30 854 shall describe the efforts It undertook to prevent use or submission of covered telecommunications equipment or services,and any additional efforts that will be incorporated to prevent future use or submission of covered telecommm uni cations equipment or services. Sub-RecipiRnt. CITY OF MIAMI(Fire Rescue!) By: Date: -7, Arthur l4odega, City Manager Printed Name and Title 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 handwritten signatures. I am also confirming that internal controls have been maintained, and that policies and procedures were property 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 I understand that it is my responsibility, on behalf of the organization, to ensure that we adhere to these restrictions. 31 855 EXHIBIT—3 CERTIFICATION REGARDING LOBBYING Check the approl,,)rlate box: l this Certification Regarding Lobbying is reqUirod because the Contract, Grant, Loan,or Cooperative Agreemerit will exceed $100,000 pursuant to 2 C.F. , Part 200, Appendix 11(l); 31 Li,S,C. § 1352; and 44,C.F`AT;art 18, Ej This Certification is not required because the Contract, Grant, Loan,or Cooperative Agree nClent will be equal to or less than $100,000, APPENDIX AJA CFK PARLI E-R-�LFICA]LIQMR -GAR DING I� _§_� _ __L _of3qylNG 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 a.,)ppropriated funds have been paid or will be palid, by or on behalf or 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, renoWal, an)Ondment,or modification of any Federal contract,grant, loan, or cooperative agreement, 2, If any funds other than Federal appropriated funds Nave beer) paid or will be paid to any person for influencing or attempting to Influence an officer or Ornpi()YOO of any agency, a Member of Congress, an officer or employee of Congress, or an ernployee of as Member of:Congress in connection with this Federal contract, grant,loan,or cooperative agreerneni, the undersigned simll complete and submit Standard Form-LILL, "Disclosure Form to Report Lobbying,"in accordance wilh its instructions, 3, The undersigned shall require that the language of(his certification be included in the award documents for all subawards at all tiers (inClUding subcontracts,subgrants,an,d'co,ntracts under grants, loans, and cooperative agreerrmn1s)arid that all SUb-Recipients shall certify arid disclose accordingly, This certification is as 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 transac.tion imposed by section 1352, title 31, US, Code,Any person who falls to file the required certification shall be Subject to a civil penalty,of not less than $10,000 and riot more then $100,000 for each such failure. The Sub-Recipient or subcontractor, certifies air affirms the 'o, truthfulness arid accuracy of each statement of its certification and disc ur.ure, if any. In addition,the Contractor under's nds and agrees that the provisions of 31 U,S-C.Chap. 38,Administrative Rernediles for False Claims,,- d Statements, apply to this cerfificaflon and disclosure, if any. ai '61�,c Signature,of Su4b- ecipient1subconVactor s Authorized mflrciaal Arjhu,r-NwjP.ga.-C*-MacLaaPr Name and Title o, Sul-Recipientti'ut)contractor's Authorized Official ,12 bat I e 32 856 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. T'he Equipment category will require Authorized Equipment List(AEL) reference number. The Authorized Equipment List(A EL)Is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency managers,first responders, and other homeland security professionals.The list consists of 21 equipment categories divided Into sub-categories, tertiary categories,and then Individual equipment items.The AEL can be found-at http:/ANww.fenia.govistithorized-equipment-list. Tho fmwfhrorfunds balwaort the cmovrfas listed in ft'Program Budget and Scope arVkrk"fs pares Wvd, However,the Wonskr of funds betwoon ksuos Is sWOyprohlbHod, Wo"WqAward Allocation—Issue 46 $14,750,000.00 FY 2022-State Homeland CITY OF MIAMI State Management&Administration $737,500.00 Security Grant Program— (Fire Resoue) withheld 50/0 Urban Area Security Initiative Issue#46 Expendsbie Award Allocation after No $14,012,6K00 reduclion LET' Type Actvlfim(25%of award allocation)This amoont Is not in $3,687,600ko addition to ft remaining award amount but Instead signifies tho amount needed to meet the 26% Management and Administration (the dollar amount which oorresponds to 611/o of the total local agency allocation Is shown in the column on the right). 33 857 . BUDGET DETAIL WORKSHEET The Sub-Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as described in the"Proposed Program Budget". If any changes need to be made to the"Budget Detail Worksheet", after the execution of this agreement, contact the Grant Manager listed in this agreement via email or letter. uanf' --du in Unit C6�t 0112!C(ost costs, T' f' is$Ue# t Developing liazard/threat-specific annexes ................. ............... ------------ eveloping and implementing homeland security support programs and adopting ongoing DHS/FEMA national initiatives 6e._ -1-,---,-..--.-...---..—�., - — --- ""----. ---- .- ---,.-.---.---------.-.-.-..--.-- .�..--,.-. ........... veJoping related terrorism and other catastrophic event prevention activities Developing and enhancing plans and protocols Developing or conducting assessments Hiring of fufl- or part-time staff or contract(consultants to issist with planning, engagement, and volunteer management activities Intelligence and Information Sharing-Metadata 1 $43,000.00 $43,000.00 45 Planner;Line item 2022-02 Combatting Domestic Violent Extremism- Screening, Search, Detection(LPR Analyst); Line 1 $62,000,00 $62,000.00 45 item 2022-03 ............ Cross-Cutting- Planning(PTE to Include Planners 1 $1,192,47T00 $1,192,477X0 45 and Consultants); Line item 2022-06 Protection-Cybersecurity(Cyber Assessments and 1 $230,000.00 $230,000.00 45 Training); Line itern 2022-05 Cross Cutting- Operational Coordination (EM 1 $100,000,00 $100,000.00 45 Technical Support Specialist); Line item 2022-07 Materials required to conduct planning, engagement, and volunteer management activities Travel/per them related to planning, engagement, and volunteer management activities Cvertirae and backfill costs (in accordance with ppeirationak Cost Guidance) Issuance of VVHTI-compliant Tribal identification cards 3 34 858 _..._ --------- Activities to achieve planning inclusive of people with disabilities and others with access and functional needs and limted English proficiency Coordination with Citizen Corps Councils for public information/education and development of volunteer programs Coordination and material support to Citizen Corps Councils and local firehouses for the establishment, training and maintenance of CERTs Update governance structures and processes and plans for emer enc communications Development, and review and revision of continuity of operations plans Development, and review and revision of the THIRA/SPR continuity of operations plans Developing or conducting equity assessments to address planning and preparedness disparities for historically uriderserved communities . .-- --" ,, ;n�tl. .. OpliN S Allowable,Organizational tional Activities(HISGP and L TP) Unit Cost Total Cast Issue Program management Development of whole community partnerships _ _W __`� _-� Structures and mechanisms for information sharing b r.etween the public and private sector tmplementing models, programs, and workforce enhancement initiatives Tools, resources, and activities that facilitate shared i1, situational awareness between the public and private sectors Operational support _. Utilization of standardized resource management concepts l Responding to an increase in the threat level under the j National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (up to 50 percent of the allocution) f Soft rargetlCrowde,d Places Interdiction and 1 ,oar�.Ota �+,0Ur3.C�t3 5 Disruption (t7peratreanal OT) Line item �022-01 Overtime for information, investigative, and intelligence sharing activities (up to 5O,percent of the allocation Hiring of new staff positions/contractors/consultants for participation in informationlintelligence analysis and sharing groups or fusion center activities(up to 50 percent of the allocation) 3 859 Intelligence and Information Sharing Fusion ,� �x a4p0(30Wtd v270 t1t?�7 40 45 gE Analysts;Lira item 2022-0 �.._.. ~l ip _..__t . Line item 24 mt75 2 �150,f�1rf�.011 tt t�Q trQ�Oli 45 erote Protection nil, Cybersecurity(Cyber Analysts and their ry Hiring or maintaining staff pcssiticanCcontraotorsiconstltants at SI_TT levels to deliver community preparedness training, resources and material to schools, cornmunity-based organizations, faith-based institutions and focal businesses. Hiring or maintaining staff positions/contractors/consultants to create, support and maintain CENT or Teen CERT Cost of migrating online services to the".gov"domain TOTAL ORGANIZATIONAL EXPENDITURES $675,000.00 45 uantl Al.11o r tit "rrerd"s e Cost st-n,,... m Total Cod. issue li Design, Develop, Conduct and Evaluate an Exercise _ ___ ," .__ _—.__..__.__—w—......m _..... _._._ F"ull or f-�art-Time 5tatf q r C Contractors/Consultants— p uli or part-time staff may be hired to support exercise- 1 related activities. Payment of salaries and fringe benefits 1 must be in accordance with the policies of the state or 1 local units) of government and have the approval of the I 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. 60 t_ ratting�- Planning(Exercises);Line item 1 $1,077,184M $1,077,1 4.E1(y 45 ( vertirne and backfill costs—Overtime and backfill costs, including expanses for part-time and volunteer emergency response personnel participating in FEMA exercises I Implementation of HSEEP Activities to achieve exercises inclusive of people with disabilities and:others with access and functional needs Travel—Travel costs (i.e., airfare, mileage, per diem, hotel, etc.)are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise pr2 ect(s). Supplies—Supplies are items that are expended or M.. .... ___ 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), Interoperable communications exercises 36 860 Activities to achieve planning inclusive of people with limited English, proficiency .. .,`t"iTAL EXERCISE EXPENDITURES 107 „1 ,00._ ._.__` ._.._. 45 w ^*---- ^^^^a r - ^ n r ii �� )wfnidg Cosh rf 777777777 ntf tar st dot Overtime and backfiii for emergency preparedness and .__._ r response personnel attending DHSlpENIA-sponsored' and approved training classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in I L7H /FEMA training Training Workshops and Conferences . Activities to achieve training inclusive of peopte with disabilities and others with access and functional needs and limited English proficiency Full or Part-Time staff or Contractors/Consultants � _.-. 13�,893,00 � �t3.�,t�9�.0e�_ �� Crass-Cutting—Planning(Training classes); Line item 2022-,06 ......... ..... __.._ ... ...... i rotection— Cybersecurity(Training Glasses);Line f � 3 0,Or10M � 360,000.00 45 item 2022-0 �_ ....... ....... Travel Supplies—Supplies are items that are expended or -m consumed during the course of the planning and conduct of the training project(s) (e.g., copying paper, gloves, tape, and non-sterile masks.) Instructor certifica tic nlre certification _... . f__._._.._._.._� — Coordinatian with Citizen Corps Councils in conducting training exercises interoperable communications training Activities to achieve training inclusive people with limited i English proficiency ' Immigration enforcement training i rl ir�f 7r ( 7a^^mnm^.T.^mf^ rrw, ;*�'cv.^^,�'^ r ^gym '"r /r uu t!C' i+r ll r�af rf l r r r 1 r r�r a S i Et pmy,vd 71 N, r f4 rr �i b i'r rl r r ivI ) s Yr r ,,1ij f 1,L1..i.W...'!�.act(r�.'+iu...uw..,—.....✓ut.c.�..'.2w.W,.l, i, ,_..,,.,,s .w,....,—.,..�m,fu�` .,.... w:w;;,., r ..,..,...w,» ._:...v.w�:irJ,u tw,1, ,w..',.�u..l,.,o�u Eligible Equipment Acquisition Costs i The table below highlights the allowable equipment a categories for this award. A comprehensive listing of these allowable equipment categories, and specific Quanti equipment eligible under each category, are listed on the ty unit Cost Total Cast 19sLie web-based version of the Authorized Equipment List (AEL) atti a,q iiu lll� nt 1jsl. i f....w..u ,.. Personal protective equipmentequipment 37 861 pis�siue deYt a rt�[tigati4r and r in601.Dan egCiiprgenf Combatting Domestic Violent ExtramisU )ntardiction an t Disnipffon(EQD Equipment such as r'ool k1f,l iberscope 1 $119,576.00 $119,576.00 45 kit and Containment Vessel);Ebro Item 2022.03;AE'L 02;-X-00-TLRC,02EX•t10.1 rFO,02EX 00~7'C% Res nserCERNE-On-Scene Security,Pro#ect0on and LE (Explosive Magazine),Une Item 2022.13,•AEL 2EX•00- i W726.00 $34,726.00 46 EXUP RNi=":opecOttp al searc}�An�fi rescus equipment _, Intelligence and Information Sharing-Surveillance Platforms,Une Rem 2622.02;AEL#0306-07-ROVL,030E 1 $341,OW.00 $341,000.00 45 07- UAt9 04MD-03-DISP Corrrbaidno AonTestic Vlelent Extremism-Interdiction and Disruption(Drones),Lino Item 2022 03;AEL 306-07 1 $100,000 00 $160,000.00 45 SUAS Combaidng Domestic Violent Eutr tsrn-Interdiction and Disrupdon(Night Vision Goggles for Marine P'atrof);Line 4 $16,760.00 $07,00040 45 iteny 20.22.03 M1 30 07.77L A Combatting Domestic Violent Extmailam-screonlAg Search Oetection XPR Pro ts),Lino Iter2022-0 AEL 1 $364,63000 $994,830,00 45 , 030E-01USfq -00 INS ,2 1QN"W"6MSry Resport «CSRNE Mass Search and Rescue Operations (TRTEquipment) Une Item 2022-12,AE'L.9 03SR-02»r'Rt , 03SR-01-S R,03SR 02.7'PHY,03SR-01AAEAQ,038"2r f W4,905.00 $334,986.06 45 TPE`L, IOGE.00-GENP,06DZ OI-LIM, 19SS4"HEN,03SR- d1.f4fiiA ,03SR-03,TPHY,03SR 03«KMON,030 07-SUAS, €I20E 076UPCt7, 1271P.00-HOYR, 12VE-MMISS Intelligaarice and lnf€wmatton Sharing-RTCC Edge Recorders wfth t.lconses;Litre Metre 202Z42;AEI.ESN. 4 ,$7,6OOaLO $30,000.00 45 -Afir Cross-Cuffing-Operational Coordination OCS Soowan Uno item 2022M,AEL 4A[f•O&CDSS,04AP-03-GiSS, 1 $190,0 00 $180,000.00 45 048LY 0.4-NEi' 04AP-02 AVLS .C,,+4asrsec,arityar}ttancenirtf ti�i mef Protection-C,Ybersecurtty(Cyber Equipment),Lime tem 1�: �$24_1,497.00 $243;497;00 45 2fl22K05x.4EL AP-05 STEM fititerpperable co i mutttcaftons egralPM!Ln Response-CBRNE d-Operational Co muni dons;Line �r{(err,±rg�2g02p�2-16;AyE/yL.,/00fp6CC-0—S'�t7':S,06CP43-PR4C,Lt6CP- I W2,.27'7'.00 $47�2,277.00 46 01-PORT,06CP-01-MOSL. �C�"�teCfiph�rlUlpl-�8nt 4_ ,' . F Combatting Domestic Violent Ex&ontlsm-Screening, Search,and Detection(tlaxmat Monitors);Lime ftom 2022- 1 $71,Pa$t1.013 $71,65Li:Ltfl 46 03,A9L 007'CS 01-KAVC,07CD-01-DPMFG and 21ON.00w MAIN 38 862 Combatting Domesdo Violent Extremism-Threats and Hazard Idantification(ChemicaVEKplosive Analyser);Line I $3610MO0 $30,000.00 45 Item 2022-_03,AEL#07E&01-_LASR 21GIV-00-AIAIN Midgatlon-Threats and Hazard IdendlicaeYon(Mathane Ntector);Line Item 2022-09;AEL#07RD-01-LASR,2f ON- 2 $15,000.00 $30,000.00 46 O"AIN 4U P'Mant Response-CBRNE-On.$cene Security,Protection and LE (Nazmat Emergency Ttaffic Signals);Line Item 2022-13, 2 $3510W.00 $70,006,00 45 AadfCalsu plies'' EL#08D2.01-MCS -77777� Response-CBRNE-Public Health,Healthcare and WV Sus Upgrades from RLS to ALS);Line ftm 2022.14; 1 $426,000.00 $426,000.00 46 AM ME-03-�DZMP, �HWK�HiP=h,"M-a33-EMS- (Defibriflators);Line Item 2022-14,,AEL#09ME-03-DEAE 18 $2,000.00 06,000.00 46 777 ' " _ P Wbr equ ri6ii" , ...... .... ri Z: BEN Rdbi6i ; Mil prIAW... Conthatting Damesda Violent m-Enwmnmentol Response,Meafth and Safety(NazTox Projeco,Line MOM f $300,000M $S0,000.00 45 2022-0;AEL#12VE-00MISS,09ME-0-DEMP,O9 E-01- Ri4pon's'e*_C_J99RNE­—C—dUcal Transportation,,Line Itaw 2022-10,AEL 02VE-00-SPEC, 12VE40.CWDV, 12TR-00- 1 $Z7,98,734.00 $2 798,734.00 45 MOVRI 12YE-00-MISS, 19SS-00-SHEL Response CSRNE-Logistics and Supply Chain Management(Logisticslooptoyablo Equipment Project); 1 $104,000.00 $194,000.00 45 Une Ifem 2022-11;AEL 912VE-00-SPEC, 12'rR-00.TEQP, 14SW41-SIDP,030E-03-SIGN rr PM K gi nt' Intelligence nd Information Sharing-RTCC Dashbcwrd with Maintenance Ran,Line Ifem 2022-02,AEL#12ir-00. 1 $500,000-00 $600,000m 46 INTL,21GN-06WNST,2IGN-00-MAIN ........... Soft TargetlCmwded Places-Physical Protective Measures(CCTV);,Line ham 2022-01;AEL#f 4SW.01-WDA, 04HW41-INHW,04UD.O"ISP,21GN-00.UAIN,210N.M. 1 $44,�000,00 $444,000,00 45 _LNST, 2IGN-#-V-C)VST ..................... Recavary-Infrastructure Systems(Backup Ethernet);Line $26,000,00 $25,00aw 45 Item 2022-16;AEL#f4CI-Ott-COOP Inspection and Screening Systems Animal Care and Foreign Animal,Disease ........................... 77 Wraij777_ 47= MA 863 Response CBRIVE—Brltical Transportation;Line item � $40,001.00 ,90,002,OQ 45 O22.10;AEL#17WC Oi- AT GDRNE Prevention and Response Unmanned Aircraft OBRNE Aviation Equipment �BRNogi5t€ca#Su"ppori Equiparit , r ,o� Response GSRNE-Logistics and Supply Chain ManagementMorklifts),Llne item 2022 12;AEL 19MH-00� 2 $46,000.00 $90,000m 45 BULK Eiitervent#cngiai merit e t ry Pr R (_ act€ca#end. prime ccess_i, ntical errterge2c sop,plies Qthar author#zad'egt€rpsnt cash£ineida any" trnatrctibn or rerisvat€an costs irr i#t€s category U3tnftan apptovai must be provided;dy.i AMA�r€or to"the:�se ai en 'tendscor€strection ct renovat€on itrtalligence and information Sharing-pusfon OperaVons, Line Item 2022-02,AEL#21GN-00»OB O,041 W-01m1A HW, 1 $240,000,00 $240,0ftOO 48 f31T,00-INTL;131T .ALRT'° Community Preparadness and RaWllency-CorrrmunW Resiltance A RT lnitta&0s);Lime Item 2022.04,AEL 1 $445,000.00 $ 6,000.00 46 cross-Cutong -Operational Coordination(EOC Enhancements);Lime item 2022.07;.AEL#21ON 0.00EQ, 0 P 0 .VCON, 1GN-004N`ST,04H Q1.1NHW,04AR«0 s- CDSS,21 GN-00- AIN, 14 I-00-C FOR,07SE 03•ENVS, t OCC-MPRM 060 -0 DSAB, 1tlPE-00-UPS,08C 01- 1 $613,881.00 $613,881.00 48 M BL,.08 Pw03PRAC,13lT.00-ALRT, AROf-CADS, 04 -02PROJ,06 01-CELL,21 GN-00- NST, 2I GM 00- MAtN,08 •03-SATB,296N-00®SHIP,04MD-03-Dd P,06 P- 06-V ON„ 14SW 01-PA S I ttgation-Long-Torso VVInarabffityRodutdon fMaintonance&Sustainmerrt of UASI Equiprnent);.Llne 1 $178,489.00 $178,489.00 40 item 202 08>'AEL;OfGN-G AIN esp onse.DBRNE-Mass Search and.Reacue Dgs(Multi- Discipline Training Prop);Une item 2022-12;AE4 210N- f $120,000.00 $120,000>00 4 0t0-GhiST",21 N-00-INST TQ fA►L" t U EWT.EXPENBI t R $9' 7 ran Hiring 0f full-tune or part-time staff or contractors/consultants:to assist with the management of the respective grant program, application requirements,and comp#ianoe with reporting and data collection roulrements Mi 1ary Personnel, Lime Item 022-17 f $510,500.00 $510, 00st 45 3� 864 Development of operating plans for information collectloti-- and processing necessary to respond to DHSIFEMA data calls Overtime and baokfill costs-Overtime expenses are defined as the result of personnel who worked over and above 40 hours of weekly work lime in the performance of FIRMA-approved activities Within the scope of this grant. Backrill Costs also called'Overtime as Backfilla are deft" as expenses from the result of personnel who are working overtime In order to perform the dutles of other personnel who are temporarily assigned to FEMA- approved activities outside their core responsibilities, Neither overtime nor backfill expenses are the result of an increase of Full-TttEgL!LivalentC )employees, Travel expenses M&A Travel,Une Item 202247 $20,000.00 $20,00.00 45 Meeting-related expenses Authorized office -personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the hornaWnd security strategy. Ofte Supplies, Line item 2022-17 $20,0M.00 $20,00000 46 The following are allowable only within the agreement period., Recurring fees/charges associated with certain ecitAlpment, such as:cell phones, faxes Leasing andlor renting of space for newly hired personnel to administer programs within the grant rc ram. Recurring Expense,Line item 2022-17 $10,000,00 $1000.00 45 Completing the Civil Rights Evaluation Tool .................... Conducting activities related to evaluating project effectiveness for HSGP-funded projects TOTAL AWARD EXPENDITURES $14,012,600 380, 865 ATTACHMENT 8 SCOPE OF WORK Sub-Recipients mint comply with 611 the requirements In 2 C. .k mart 200(Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards). Funding Is provided to perform eligible activities as identified in the Domestic Homeland Security—Federal Emergency Management Agency National preparedness Directorate Fiscal Year 2022 Homeland Security 0rent Prograrn(HSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined In the Scope of Work for each category below; 1, issue and Project Description—Issue 4 c The Urban:Area Security Initiative(UASI) has allowable Management and Administration(M&A)costs associated with It.The Division of Emergency Management,as the designated Mate Administrative Agency,will retain five( )percent of the total UASI er ount allocated to Florida for M&A purposes.These funds will provide the$AA 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 fbifllled,or partially futfllled,more efficiently while remaining in compliance with the DHS Federal Fiscal Year 2021 Homeland Security Grant Program Guidance. If. Categories and Eligible Activities FY 2022 allowable casts are divided into the following categories for this agreement;Planning, rganlzafi nal, Exercise,TtalnIn , l5quipment and Management and Administration, Each tecgvey's allowabla oasts have been listed In the"Budget Detail Worksheet"above, A. Allowable Planning lkelate4l 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 THIt2A,SIR, oontinulty al'operations plains, and other planning activities that support the Coal and placing an ernphasia on updating and maintaining a current EOP that conforms to the guidelines outlined in CPG 101 v 2.0. • Developing hazardlthreat-spec"rfic annexes tt t incorporate the range of prevention, protection, response,and recovery activities; • Developing and Implementing homeland security support programs and adopting DHSIF MA national Initletlyes, * Developing related terrorism and rather catastrophic event prevention activities,- * Developing and enhancing plans and protocols; * Developing or conducting assessments; * Hiring of full-or part-time staff or cdntracticonsultants to assist with planning activities (root for the purpose of Hiring public safety personnel fulfilling traditional public safety duties); Materials required to conduct planning activities; * Travellper diem related to planning activities; Overtime and'backfill oasts(ire accordance with operational Cost Guidance:); Issuance of WI-ITlrcompil nt Tribal identification card; Activities to achieve planning Inclusive of people with disabilities and others with access and functional needs; * Coordination with Citizen Corps Councils for public lnforrnatiormfeducation and development of volunteer programs; * Coordination with Citizen Carps Councils and local firehouses for the establishment,training and maintenance of C RT's s Update governance structures and processes and plans for emergency communications; Development,and review and revision of continuity of operations plans; Development,and review and revision of the T"HOW PIR continuity of operations plans; 9 866 • Developing or conducting equity assessments to address planning and preparedness disparities for historically undemerved communities • Activities to achieve planning inclusive of people with limited English proficiency. B. Atlowablo Organization Related Coats(HSGP and UASI Only) Sub-Recipients proposed expenditures of HSGP or UASI funds to support organization activities include; • 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; • Fools,resources,and ac:fivittes that facilitate stared situational awareness wtween the public and private sectors, • Gporatlonaf Support„ * UOlhzation of standardized resource management concepts; • Responding to are Increase In the threat level ureter the National Terrorism Aftsory System (NTAS)or needs resulting from a Naflonai Special Security went; # Reimbursement for select operational expenses associated with Increased security measures at critical Infrastructure sites Incurred (up to 60 percent of the allocation) « Migrating online services to the". ovo Internet domain,and • Overtime for Information, Investigative,and Intelligence sharing activities(up to 50 percent of the allocation) baying salaries and benefits for personnel to serve as qualified Intelligence Analysts. Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement(PRICE)of Homeland Security Acts Pub,L. No. 110-412,§2, codifled In relevant part,as amended,at 6 U.S.C. §609(a), HS0P and UASI funds may be used to Mire new staff`and/or contractor positions to serve as Intelligence analysts to enable Informationfintalllgence 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 anak st, staff and/or contractor personmel must meet at least one of the following criteria. + Complete training to ensure baseline proficiency in Intelligence analysis and production within six months of being hired,and/or, • Previously served as an intelligence analyst for a minimum of two years either in a federal Intelligence agency,the military,or state andlor local law enforcement Intelligence unit. • Hiring or maintaining staff positionstoontractorsloonsultants at SLTT levels to deliver community preparedness training,resources and material to schools,community-based organizations,faith-leased Institutions and Icoa;l buuslnesses. • Miring or maintaining staff posltionslcontractorsloonsuttarrts to create, support:and maintain C RC"or"Teen Ciwi' T Intelligence Arnaly'stAotivittos Allowable Costa (HSGP and UASI) All fusion center analytical personnel must demonstrate qualifications that meet or oxceed competencies Identified in the Common Competencies for state,local,and tribal Intelligence Analysts,which outilrtes the minimum categories of training needed for Inteiiitgonce analysts.A certificate of completion of such training must be on file with the SAA. States and urban Areas must justify proposed expenditures of HSGP or UASI funds to support organization activities within their 13 submission.All SAAs,are;allowed to utilize rap to 60 percent(50%)of their HSGP funding and all Urban Areas are allowed up to 60 percent(60%)of their UASI funding for personnel costs.At the request of a Sub-Reciplent of a grant,the FE A,Administrator may grant a waiver of the 50 percent(50%)limitation noted above, Request forwaivers to the personnel cap must be submitted by tha SAA to GPD in writing on official telterhead,with the follovAng Informattion: 40 867 r Documentation explaining why the cap should be waived; r Conditlons under wht ch the request Is,being submitted,and • A budget and method of calculation of personnel casts both In percentage of the grant award and In total dollar amount, 7b avoid supplanting Issues,the request must also include a three year staffing Diary for the requesting entity, Organizational activities under HSGP and UASI Include,, Operational OvartIme Costs, in support of efforts to enhance capabilities for detecting, 16terrIng, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for ino°etised protective se arlty measures at a0t€cal Infrastructure sites or other high-risk looatlons and to enhance public safety during mass gatherings and high-profile everts. In that regard, HSGP Sub-Recipients are urged to oonsider using grant funding to support soft target preparedness acVwWoe. KSGP lor UASt furids may tee used to suppott select operational exponses associated with Increased security measures in the authorized categories cited below: * BaMll and overtime expenses for staffing State or Major Urban Area fusion centers; r Hiring of contracted sewrItyfor critical Infrastructure sites; s Participation in Regional Resiliency Assessment Program(RRAP)activities; a PuVosgfeiy overtime; r Titlo 32 or State Active Duty National Guard deployments to protect critical infrastructure sites, Including all resources that are part of the standard Nallonal Guard deployment package(Note: Consumable costs,such as fuel exqenses,are not allowed except as part of the standard National Guard deployment package); * Increased border security aotivAlev In coordination with Cl3 g r National Terrorism AdvisorySystem; r Designated National Security Events; • Special Event Assessmant Rating(SEAR)Level t through 4 Events r States of Emergency; r national Critical Infrastructure Priorifizatlon Program(NCI PP); s Directed Transit Patrols;and r Operational Support to a Federal Agency. Operational Overtime Requests, r Except for an elevated NTAS alert, II SGP or UASI Bands may only be spent for operational overtirxte rots capon prior writton approval by FE A.The SAA rust zubmit opemUo gal ovorflmo requests in wr tincg to Its assigned F E A Program Analyat(PA). FE A will consider requests for special event aclivities up to one year In advance,However, such r gWsts must be within the award's current period of performance and must not result in the need for a request to extend the period of performance, . Ail operatlonai overtime recloeats must clearly explain how the request meets the criteria of at*or more of the categarl It-tad above.Requests mu'at address the throat environment as It relates to the event or activity requiring operational overtime support and explain how the overtime activity is responsive to the threat. r Post-event operational overtime requests will only be considered on a case-by-aaeo basis, where It Is demonstrated that exigent circumstances prevented submission of a req lost In advanois of tree ovent or activity, Under r%o ui&,=stances may DHSfFFWA gmntfuriding be used to pay for casts already supported by funding from another federal source, + States with IJAS i Msdiotlona can use funds retained at the state level to reimburse eligiblo operational overtime expenses incurred by the ate(per the above guidance itr itations),Any UASI funds retained by the state mast be used In dimot support of the high-risk urban area, States must provide documentation to the IJAWG and DH /FE A upon request 41 868 demonstrating how any UASI funds retained by a state would directly support the high-risk urban area. + FEMA will consult and coordinate with appropriate DFIS components as necessary to verify Information used to support operational overtime requests. Personnel Costa(HSGP and UA Q Personnel hiring, overtime, and back-fill expenses are penritted under this grant to perform allowable HSGP planning,training,exercise, and equipment aotivltles. Personnel may include but are not limited to training and exercise crowd atot ,program managers for activities directly as clatad with HBGP and QA.91 funded activltles, aM Statewide coordinators(SWICs). Sub-Reclplerits should refer W Informatlon Bulletin No.421b,Clarification on the Personnel Relinburser ent for Intelligence Cooperation and Enhancement of Homeland Security Act of 200 (public Law 9`tt4`12—the PRIGS Ant), October 30,2019. HSGP funds may riot 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 responsibillties. The following definitions apply to personnel coats; * 111d u.State and low[entitles may use grant funding to cover the salary of nowly hired pamonnei who aro oxcluelvely Lmdertaking 6owuble DH fr-EMA gram activities as specified in this guidanoe,This may riot include now personnel who are hired to fulfill any non- DHalF MA program activities under any drourristanoes, Hiring vdil always result in a not Inorease of Pull Time Equivalent( 'TE)employees. v t coo.These expenses are limited to the additional costs that reauit from personnel workbag over and above 40 hours of weekly work time as the direct result of their performance of DHWF MA-approved activities specified in this guidance.Overtime assoclatod with any other activity is not eligible, cAflll-Related Overtime.Also called'Overtime as BackfilV these expenses are llmbDd to overtime costa that result from personnel who are wudfing overtime(as Identified abov )to peon peorm the duties of other personnel who are temporarily assigned to DHVFEMAmapproved ai&01%outside their-core,rospon ibllltlss.Neither overtime nor baclkfiil expenses are the result of an increase of PTE amployees, a Supplanting,Grant founds wilh be used to supplement exls ng funds and will not replace (supplant)funds Mat have been appropriated for the same purpose,Appllcants or recipients may lee required to supply documentation cal ying that a reduction In non-federal resources occurred for reasons other than the rece[pi or expected recelpt of federal funds. C, Allowable Organization Related Casts(OPSG) Personnel Costs.OPSG funds may be used for domestic travel and per diem,Including:its associated wfth the deployrnentlredeployment of personnel to border areas and for travel associated with lvw e fomerrient entl es assisting other local jurisdloklons In lair enforcement activities(travel cats must be in accordance with applicable travel regulations). p to 50 peroonl;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 reciplent or Sub-Recipient, the FBMA Administrator(or designee)may waive the 50 percent personnel cap.Walver decisions are at thy►discretion of the FEI A Administrator and will be ronsUved ota a oms-by-caseU3%%,FurthSr,ftnges in k or ObjelAND A130 require FNMA`s prior written approval pursuant to 2 C.F.R.§200ZB(c)(1)(I).A formal OPSG personnel waiver request should, Soon official letterhead,include as written justific on,and be signed by the low[jurtsdictlorr. 42 869 * Include a budget and method of calculation of personnel costs bath 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 US13P Sector, SAA, and the DHS/CBP Office of the Border Patrol (OOP). As with all OPSG personnel costs,OPSG grant funds will be used to supplement existing fonds 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 nova-federal resources occurred for reasons other than the receipt or expected receipt of federal fiends. Temporary or Term Appointments Sub-Reciplents may utilize temporary or term appointments to augment the law enforcement presence on the borders.However,applying funds toward hiring full-tune or permanent sworn public safety officers Is unallowable. �► OP G-funded temporary or term appointments may not exceed the approved perlod of perfcarmance. * For OPSG purposes,temporary appointments are non-status appointments for less than one year. * For OPSG purposes,terra appointments are non-status appointments for one year, Mendable for one year as necessary. • OPSG funding for temporary or terra appointments may pay for salary only.Ben is are not allowable expenses for terra or temporary employees. * OPSG remains a non-hiring program,Appropriate uses of temporary or term appointments Include; r To carry out specific enforcement operators work for ongoing OPSG-funded patrols throughout the Sector Area of Operation; * To staff oporations of limited duration;,such as DPSG-enhanced enforcement patrols targeting specific locations or criminal activity;and, To fill OPSG positions In activities undergoing transition or personnel shortages and local backfill policies(medicallmilitary deployments), * OPSG term and temporary appointments must have all necessary certifications and training to enforce state and local laws.OPSG funds will not be used to train or certify terra or temporary appointments except as otherwise stated in the OPSG section of the Preparedness Grants Manual and the HBGP NOW, • In addition to these terms Sub-Reclplents must follow their sawn applicable policies and procedures regarding temporary or term appointments. Operational Overtime Casts.OPSG funds should be used for operational overtime costs associated with law enforcement activities In support of border lays enforcement agencies for Increased border s "ri y enhancement. Overtime pay Is for enhanced patrol for certified public safety ofltcers,along limited support for other law arrforcernent direct support personnel(e.g.,Communication Officers/Dispatchers, non-sworn patrol pilots,eto.). Overtime shall be reimbursed consistent with the non- federal entity's overlirne policy and the requirements as stated below: * Overtime Is rinse 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 USOP border security operations, * The OPSG overtime hourly rate of pay will be no more than the approved overtime rate per local law and pollcy and must be In accordance with applicable State and Federal regulations. 43 870 * All overtime expenses under OPSG must be reasonable for the services rendered and conform to the non-federal entity's e tabhshed written purity,why,.h must apply to both federally funded and non-federally funded activities and comply with the other applicable requirements under 2 C,F.R. §§200,430-900.4 1, * The iron-federal entity may next utilize OPSG funding to pay for an employee's overtime hours or pay that exceeds 16 fours worked In any 24-hour per•lod. Unatl wable Costs(OPSG) OPSG unallowable costs Include casts associated with evidence collection,arrest processing, prosecution, and Trra WDLJI checkpoints,such as evidence documentation cameras,fingerprinting applies,alhol btthialyzers, portable work lights,traffic barricades,and similar law enforcement expenses.Additional unallowable its also Include costs asso laced with staffing and general IT computing equipment and hardymm,such as penal computers,fakes,copy machinwi,Tnodems, etc. OP SO Is not intended as a hiring program,Therefore, appMrtg funds toward hiring Roll-time or permanent sworn public safety officers is unalfowabie. OPSG funding shall not be used to supplant Inherent routine patrols and law enforcement operations or activities not directly related to providing entranced coordination between local and federal law enforcement agencies.Flnolly,construcUon and/or renovation costs,and exercise expenses are prohibited under OPSG. D, Menaaament and Administration (M&A) Management and administration(M&A)ad itios 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 cap to 6%of Main total agreement aword amount for M&A costs, Allowable M&A alvifles include; + €°llring of full-time or part-time staff or contractors/consultants: * To asslst with the management of the r speetive grant program. * To assist wlth application requlr rnen . * To assist w6i compliance reporting and data collection requirements, * Development of operating plans for Information collection and prooessIng neoessery to respond to DHSfFE MA data calls * Overtime and Wckfllf costa * Travel * Meeting related expenses * Authorized office ec utpmont # Recurring expanses such as thou associated with osif phones and faxes during the pentad of performance of the grant program * Leasing or renting of space for newly hired personnel during the period of perFormartoo of the grant program ■ Completing the Civil lights Evaluation Tool a ConductIng activities related to evaluating project effectiveness for HSGP-funded projects Mannamont and Administration(M&A) (0138G) Management and indrr inistration(M&A)aetivitles are those directly relating to the management ar7d administCatlon of QPSG funds,such as financial matiaqementaind moNkrin ,Recipients any totain up to 2, of tho overall OFISG allocation prior to passing-dough funding to Sub-Reclpionts,This funding must be deducted in an equal percentage from each Sub-Reciplent. $ub-Rociplents and friendly forces may retain funding for M&A purposes;however, the total amount retained cannot exceed 5 percent of the Serb-Recipient's subaward. Friendly forces are focal law enforcement entities that are subordinateSub-Reciplents under OPSG. In other words,frlendiy forces are entities that receive a igubaward from a Sub-Reoiptent under the,OPSG program,Ffiendty farces must comply with all regnWments of Sub-Reciplents under 2 C.F.R, Part 200, 44 871 E. Allowable Equtpme t Related Costs(SHOP and UA 4 The 21 allowable prevention, protectlon,mitigation, response, and recovery equipment categories for H3GP are listed on the Authorized equipment List(A EL),The A L is available at Wai ,lfwww.tema,goviaut'norixed-equipment-list.Some equipment items require prior approval from t:ll-&FEIVA 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 prier approval is obtained if necessary, Unless otherwise stated,all equipment must meet all mandatory regulatory and/or 01-IS;C`C:MF—MQM PtW standards,to be eltgibie for purchase using these funds,try addftton,recipients. will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Grantfunda may be used for the procwrempnt of medt l countsrrt e ur s.Pracur rxti r t of medical countermeasures must be conducted In collaboroticn with Statelottyllocal health departments who administer Federal funds from HHS for this purpose. Procurement must have a around threat-baud justification with an aim to reduce the consoquences of mass casualty Incidents during the fiat crucial hours of a response, Prior to procuring pharmaceuticals,g€wtees must have in piece an 1r"Moony management plan to avoid large periodic variations In supplies due to coinciding purchase and expiration dates, Grantees are encouraged to enter Into rotational proortr ment agreement with vendors and distributors, Purchases of ph rr aceuticals must includes a budget for the disposal of expired drugs within each fiscal year's parlod of performance fbr HSGP,The cost of disposal cannot be carried over to another PEMA grant or grant period, The equipment,goods,anti supplies("the eligible equipmenf') purchased with funds provided under this agreement are for the purp es specified in"Florida's Dom stlo Security Strategy", Equipment purchased with these funds will be utilized in the event of emergencies, Including,but not limited tca terrorls related hazards. The Sub-Recipient shalt place the equipment throughout they State of Florida in such a mariner that, In the event of an emergency, the equipment can be deployed on the scene of the amorgency or be available for use at a fixed location within two( )hours of a request for said deployment.'Pie Florida Diviston of Emergency Management(FOE t)must approve any purchases of equipment not Iternized In a projecVs Approved budget in advance of the purchase. The Sub-Rec pi nt wilt,In ncovdznce with the t tYwtde mutual aid agreement or otter em ncy response purpose as specified in the Tiorlda Domestic Security Strategy,"ensure that all equipment purchased with these funds Is used to respond to any and all 11141dents within Its regional response area as applicable far so fang as this,agreement remins in offect. Prior to recluesting a response,the FIDEM will take pNdent and agpropri to action to determine that the level or intensity of the incident Is such that the specialized equipment and resources are necessary to m€tig"the outcome of the Incident, Allowable Equipment OPSGj OPSO equipment Is Intended to be incidental to the enhanced border socurity operations being performed. The grant is not intended to be used to outfit or supply general equipment to SLTT law enforcement agencies. Cluipment must be relatable to and justified by the oporatlonal benefit it will provide. * Equipment Marking.Because equipment purchased with 0PSG,funding is Intended to be used to support OP SO activities,It may be appropriately maned to ensure its ready Idontification and primary use for that purposes Whon practicable, any equipment purchased with OPSG funding should be prominently marked as Follows: " txr h sed with f, HS funds for Operation Stonegarden Else" * Fire)Cost an>dlor Uleege Raimbursemont.There is no cap for reimbureoment of fuel and mileage costs In support of operational activities. 45 872 WWI and EquiProorat AcquWtlon, Including Leasing and Rentals, Allowable purchases under OPSO Include patrol vehlcW and other mission-specific equipment whose primary purpose is to increase operational capabilities can or near a border nexus In support of approved border security operallons.A detailed)ustifiratlon must be subrnttted to the respective FEMA HQ Program Analyst prior to purchase. o Medical Emergency Counterrr asures:Allowable purchases under OPS13 include nar�otlo antagortist and Wentlikoaftn equipment,safe storage and transportation, personnel protective equipment,and initial equipment training, as will be reflected to the A4L and explained In IS 438, Insurance Coverage Requirement As defined in tha Code of Federal Regulations s otion 200.310 the Sufic-Reciplont artist, at a minimum, provide the equivalent Insu nce.coverage for raol property and equipment ac uWd or Improved with Federal funds as provided to property owned by the iron-Federal entity. Federally owned property need not be Insured vriess required by the terms arut conditi'ans of the Federal award. F, Unallowable EquIpment Casts(HSOP,UA.SI and OP'SG) + Per FEMA policy,the purchase of weepier*and weapons accessories,Includkig ammunition, Is not allowed with HSGP fonds. « Grant funds may riot be used for the purchase of equipment not approved by DFISIPE A. Grant funda most comply with IS 426 and may not be used for the PUMhase of the following equipment,firearms,ammuniflon;grenade launchers;bayonotsf or weaponf ed aircraft, veils, or vehicles of any kind with weapons Installed. Unauthorized exercise-related costs lndude: o Reimbursement for the maintenance or wear and tear coats of general use vehicles(e.g.,construction vehloles), medical supplies,and mergency response appar4tus(e.g., rnre trucks,arribulances). o Equipment that Is purchased for permanent ins(allation and/or use, beyond the scope of the conclusion of the exercise(e.g., electronic mossaging sign), Requiroments lor$mail Unmanned Aircraft System(SHSP,UABI,and O SG) All requests to purchase Small Unmanned Aircraft Systems(SUAS)with FIRWA grant funding must comply with IS 426 and IS 438 and Include a desof1pitfon of the policies and procedures in place to safeguard Individuals'privacy,Oyfl rights,and olvil liberties of the Jurisdiction that wM purchase,tame title to or othemise ure ttia WAS equipment, 14. Anquisitlorr and U-se of Technology to Mitigate UAS Counter-UAS) Prior to the testIng, acquisition, installation, or use of UAS detection and/or mitigation systerna, Sub-Reciplents should seek the advice of counsel experler i witli both federal and state c iminal, surveillance,and rommunications laws. Sub�Reclplents should conduct their own legal and technical analysis of each UAS detection andler mitigation system and should not rely solely on vendors'representations of the systems'legality or functionality.For further Inforrnation please see the DHS pass release on this topic: ht".,//www,dh s govinewsl2020IOt/17rirrteracgericy- issues�advlsory-�ise�technalogy<>detect-gar€d�ritig�ta-crr3rrrer�nsd-alror�rft, 1. Alfowa le Trairking Related Costs(SlHGP and UAS I) Allowable(raining-ralated costs under H,90P include the establishment,support,conduct,and attendance of tra)nIng specifically identlfwd render the HSGP and UA81 programs and/or in conjunction with emergenoy preparedness tralnlno by other Federal agencies(e.g., HHS and DOT), "raining conducted using H80P funds should address a performance gap identified through an RV or other assessments fe,g,, National Emergency Communications Plan NECIP Goal Assessments j a€id contrlb€ala to building a capability that will be evaluated through a Wmal exercise. Any training or training gaps, including those for chffdren,older adults, pregnant women,and Individuals with disabilities and others who also have access or functional needs,should be Identfied 6 873 in the AARAP and addressed In the stag or Urban Area training cycle.Sub-Recipients are encouraged to use existing training rather than developing new wurse6,When developing new courses, Sub-Recipients are encouraged to apply the Analysis, Design, Development, implementation and Evaluation (ADDIE)model of instructional design, Overtime,and backfill for emergency preparedness and response personnel attending DHSIFEMA-sponsored and approved training classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHSIFEMA"Ining a Training workshops and conferences * Activities to achieve training inclusive of people with disabilities and others with access and functional needs * Full-or part-time staff or contractors/consuitan.ts * Travel 0 Supplies associated with allowable approved training that are expended or consumed during the course of the planning and conduction of the exercise project($) a Instrractor cert ficaticn,/re-certi ication o Coordination with Men Corps Councils in cand`ucting training exercises w Preparedness training for community preparedness initiatives and programs Intemperabta communications training r Activities to achieve training Inclusive of people with limited English proticiency * Immigration enforcement training Additional Training Information Per D:H IFEMA Grant Programs Directorate Policy.I 432,Review and Approval Requirements for Training Courses Funded Through Preparedness Graters,issued on July 19, 201%.states,territories, Tribal entitles and high-risk urban areas are no longer required to request approval from FEMA for personnel to attend non-DHS FEMA tra.lning as long as the training Is coordinated with and approved by the state,territory,Tribal or high-risk urban area Training Point of Contact(TPCC)and falls within the FEMA mission si�ope and the jurisdiction's Emergency Operations.Tarr(EOP).The only exception to this policy is for Countering Violent Extremism courses, OHSIFEMA will conduct periodic reviews of all state, territory,and Urban Area training funded by DHSIFEMA.Thecae r€;tvlews may lnclude requests for all course materials and physical observation of, or participation In,the funded training. if these reviews determine that courses are outside the;ape of this guidance,Sub-Recipients will be asl(ed to repay grant funds expended in support of those efforts. For further information on developing courses using the instructional design methodology and teals that can facilitate the process,TPOCs are encouraged to review the NTF-0 Rospondor Traialng Development Center(RTC)webelte. DHSIFEMA Provided Trafxrddg.These training$ladude programs or courses developed for and delivered by institutions and organizations funded by DHSI ' MA.This includes the Center for Domestic Preparedness(C P),the Emergency Management Institute( Mi),and the National Training and Education Division's(h TED)Training Partner Programs(TPP.)•TPP Includes the Center for Homeland Defense and Security, Natonal Domestic Preparedness Consortium( DISC), mural Domestic Preparedness 0onsortlum( DPC), and training partners through the Continuing Training Croat program. Approved Mate and Federal Sponsored Course Catalogue.This catalogue lists Mate and Federal sport-cored courses that Tall within the Di I IF MA mission scope and have been approved through the FEMA course review and approval process.An updated version of this catalog can be accessed at, vvw w.flrstrespor dedr'aining.gov, 47 874 Trafrfft Not Provided by D S4=,VA.These tralnings Includo courses that are either state sponsored or Fedora[sponsored(tio -OK&F .MA),word(nated and appromd by the SAA or their deeign ted TPOO, and fall within the DHSlFEMA mission soope to prepare state, local,Tribal,and territorial personnel to prevent, protect against,mitigate,respond to, and recover from acts of terrorism or catastrophic events, do State Sponsored Courses.These courses are developed for and/or delivered by Institutions or organs,atia"s der thm Fedemt entfflss or F MA and are sponsored by ft SAA or their designated TCC. e Joint Training and Exercises with the Publac 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, mittgate,respond to,and recover frorn acts of totforlsm or eatastmpho events, In adMon,States,teTTWories,TrIbes,and Urban Areas are encouraged to Incorporate the private wtor in govemment•sponsored training and exercises, Addltnal itobrmation on both DHSIFEMA provided trelning and other Federal and state training can be found at.wu . rrsfvospondertraining.gov, Training Information Reporting Systems("Web-Forms").We Forms is an electronle form/data monWiment system built to assist the SAA and Its designed ate,territory and Tribal Training Paint of Cont ct.(TPOC),Reporting training activi es through Web-Forms Is not required under FY 2022 HSGP, however,the system remains aval[able and can be accessed through the FEMA Toolli t located at hitps./iwlwwJ(rstrespondertraining.gov/fd/wobforms in order to support grantees In their own tracking of training deliveries, PI EM Mate Training Mae Conditions: For the purposes of this Agreement,any training course listed vn the DH5 approved course catalog qualifies as an authtarixed course. The Sub-Rodplent can s c essfully complete an authorized course either by attending or conducting that course. • In oMar to receive pay nt for successfully attending an authorized training course,the Sub- Reciplent must provide the Division with a certificate of couma completion;additlonally,the Sub-Rociptant most provide the Division with all receipts that document the costs Incurred by the Sub-Redplent In order to attend the course. in order the receive payment for successfully conducting an authorized course,the Sub. Recipient must provide the Division with the course materials and a raster sign-in sheet; additionally,the Sub-Recipient must provide the Dlvlslon with all receipts that dement the costs Incurred by the SubAedplent In order to conduct the course," + For courae6 that are non-OHS approved training,Sub-Reolpler€f must request approval to conduct training through the use of the Non-TED Form and provide a copy,along with email, showing approval granted fbr conduct, • For the conduct of training workshops, Sub-Raclpient must provide a copy of the course materials and sign-in sheets. The number of participants must be a mirilmum of 15 In order to Justify the cost of holding a cour;so. For questions regarding adequate number of participants please contact the FD8M State'Training Ofter for course specific guidance. Unless the Sub-Recipient recel�ves 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 tralning with fees than 15 participants, 4 875 i + The Sub-Recipient mint Include with the reimbursement package a separate copy of the page(s)from the State(and County or Regional) Integrated Preparedness Flan(IPP) reflecting the training. J, Allowable Exerclse Related Coasts Exercises conducted with grant funding should be managed and conducted consistent with HSEEP. HSEEP guidance for exerclso design,development,conduct,evaluation,and improvement planning Is located at https:llwww.fema.govfemorgency-manages/national-preparednesslexerciseelhseep. • Design,Develop, Conduct, and Evaluate an Exercise • Full or part-time staff or ntractorstconsuitants • Overtime and backfill costs, Including expenses for part-time and volunteer emergency response personnel participating In DHS/FEMA exercise • Implementation of HSEEP • Activities to achieve exercises Inclusive of people with disabilities and Gathers with access and functional needs • "gavel • Supplies associated with allowable approved exercises e Interoperable communications exercises Additional Exercise Information Saab-Reolplents that decide to use HSGP Bands to conduct an exorcises)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 aianr ere Involved with other Federally mandated or private exercise activities.States and high risked urban areas are encouraged to share,at a mIMIrnurn,the multi-year training and exercise schedule with those departments,agencies,and organizations included in the plan. * Validating Capabilitfe . Exercises examine and validate capabilities-based planning aoro s the Prevention,Protection,Mitigation, Response, and Recovery misolon areas,The extensive engagement of the whole community, Including but not limited tca examining the needs and requirements for individuals with disabilities, Individuals with limited English proficiency,and Gathers 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 participafing communities, Consistent with Homeland Security Exercise and Evaluation Program guidance and tools,the Nations[Exercise Program(NI P) serves as the principal exercise mechanism for examining national preparedness and rnea,swIng readiness, Exercises.should align witty priorities arxi capabilitles Identified in an IPP. • Special Event 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[PP. States roust Include all confirmed or planned special events In the IPP.The state or Urban Area may plan to use H$GP or UASI funding to finance training and exercise activitles In preparation for those everts,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 IPA', 49 876 �► Rafe oflllow0overnmental Eaddas In Exercla , Non-govornmental participation in all levels of exercises is strop*encouraged.Leaders from non-governmental entities should be Included In the planning,design,and evaluation of an exercise.State, twat,Tribal,and territorlallurl6dIcoons are encouraged to develop exerclses that test the Integrstlon and use of non-governmental resources provided by non-governmental entitles,deferred as the private sector and private non-profit,faith-based,community,participation In exercises should be coordinated with the focal Citizen Corps Counci€(a)or their equivalent and other partner agersesa FDEM State Training Off Ica conditions for Exercises: For the purposes of this Agreement,any exorcise which Is compliant wAh HSEEP etandords and contained In the State of Florida(and County or Regional) IPP qualifies as an authorized exercise.The Sub- oolpient can successfulty complete an authorized exercise either by attending or conducting that exercise, # In order to recetvo payment for successfully attending an authorized exercise,the Scab. Recipient roast prcv€do the Division with a cartifloate of completion or similar correspondence signed by the individual in charge of the exercise;additiorral€y,the Sub- acfplent must provide the Division with all receipts that document the costs Incurred by theSub-recipient in order to attend the exercise. • to order the receive payment for successfully conducting an authorized exercise,the Sub- Reaipient must provide the Division with an ExPLAN,AARAP, IPCIMPCIFPC Meeting Minutes and Sign-in Sheet for exercise lendoes;additionally,the Sub. eoipient must provide the Division with all receipts that document the costs incurred by the Sub-Rootplent In order to conduct The Seib-fie-clplenf must inc€ride with tho reimbursement package a separate copy of the page(a)from fife Exorcise Plan whkh identlrrles the partloipant agencies,and a printed pagop from the Mate land bounty or Regional)IPP reflecting the exorcise. # If you require,food/water for He event, request must oorne to the D vision within 25 dayt prior to the event,in the following format: Exercise Title: [cation: Exercise Bate: Exercise Schedule: Estimated Number of ParIcipants that will be W: Estimated Cost for food/water, Description of the Exercise: K. Maintenance and Sustainmont(SHSP, UASI,and OPSG) The use of DHS/P MA preparedness grant funds for maintenance contracts,warranties,repair of replacement costs, upgrades, and user fees are allowable,as described in FEMA Palley FP 05.402- 125. under all active and future grant awards,unless otherwise noted. Except for maintenance plans or extended warranties purchased fncldental to the original puriphase of the equipment,the period covered by maintenance or warranty plan must not exceed the POP of the specific grant funds used to purchase they plan or warranty, Grant funds are Intended to support the Goal by funding projects that Wild and sustain the core capabilities noceastvy to prevent,protect against,mitigate the a of, respond to,and recover from those threats that pose the greatest risk to the security of the Nation.In order to provide redplents the ability to meet this objective, the policy set forth in F MA's 13 37 ,Guidance to State Admin€ tr tive Agencies to Expedite the Expendliura of CerWin OHSlFEMA Grant Funding,Initially for IFY 200 201 It allows for tho expansion of eligible rnainterlanc a and sustatnment casts w 3v'h must be in(1)dint support of existing cap&iities;(2)rnust be an otherwise allowable expenditure under 50 877 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,ellglble 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 DHS/FEMA preparedness grant program dollars. t�. Law Bnforroament Terrorism Prevention (LETP)Activitles Allowable Casts I ETP Activitles eligible for use of L TpA fooused funds Include but are not limited to. w Maturation and enhancement of designated state and major Urban Area fusion centers, Including Information sharing and analysis,threat recognition,terrorist interdiction,and training/hiring of intelligence analysts; * Coordination between fusion centers and other Intelligence,operational,analytic,or dnvestlgative efforts including,but not limited to Joint Terrorism Task Forces(JTTF°s),Field Intelligence Groups(FIGS),high Intensity Drug Trafficking Areas(HIDTAs), Regional information Shoring Systems(RISS)Centers,criminal Intelligence units,real-time crime analysis centers and DHS intelligence,operational,analytic,and investigative entities; Regional countartorrorlsrn training programs for small,medium,,and large jurisdictions to exchange Information and discuss the current threat environment, lessons leamod,and best practices to help prevent,protect against,and mitigate acts of terrorism; Support for coordination of regional full-scale training exercises(federal,state,and local law enforcement participation)fuse€f on terrgr3m-ratatod events; • Low enforcement Chemical,Biological, Radiological, Nuclear, and nigh yield Explosives detection and response capabilities,such as bomb detection/disposal capability deployment, sustainment,or enhancement,including canine teams,robotics platforms. ,and x-ray technology; s Implementation and maintenance of the Nationwide BAR Initiative,Including training for front line personnel on Identifying and reporting suspicious activities,tlps/teads,and onlinets"lal media-based threats,as well as the execution and management of threat assessment programs to identify,evaluate,and analyze Indicators and behaviors Indicative of terrorism, targeted violence,threats to life,and other criminal activity; * Management and operation of activities that support the execution of the Intelligence proaess and fusion oenter ,Including but not limited to: Fusion Liaison Officer(1 LO)programs, security prograrns to protect the facility,personnel,and Information,and the protection of privacy,olvil rights,and civil Ilbertles. * Implementation ofthe"If You Sea Something,Say Something"campaign to raise public awareness of indicators of terrorism and terrorism-restated crime and associated efforts to Incroase the sharing of information with public and private sector partners, including nonprofit organizations, o mote. DHS requires that all public and private sector partners granting to implement and/or expand the DHS"If You Soo Something,Say Something@r campaign using grant funds work directly with the DHS Office of partnership and Engagement(OPE) to ensure all pubtie awareness materials(e,g.,videos,piasters,tri-folds,etc.)are consistent with the DI-1 's messaging and strategy for the campaign and compliant with the Inifiadve's trademark,which Is licensed to DHS by the Now York Metropolitan Transportation Authority.Coordination with OP ,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; * Development of countering'Oolent extremism programs, projects,and initlanves,addressing prevention, Intervention,and diversion efforts, Including training on roles of lava enforcement and how to effectively partner with lave enforcement;developing and promoting training specrflcally for few enforcement executives and frontline officers on potential behaviors and 51 878 Indloators of violent extremism and haw to appropriately analyze and report therm;supporting community and Caw enforcement engagement str ategl€as such az tubte tap sxgm1se% roundtable events,town hail meefings,and peer to peer actfviti ;funding for existing and/or expanslon of law enforcement community relations worts, sup rt for the development of community engagement plans,and joint projects to Increases the awareness of violent extremlat threats and community mitigation/solutions; ullding and sustaining preventive radiological and nuclear dete on capabilities,including fhoso developed thmQg h the Securt g the Cities trsltMve;and ■ Integration and Interoperablllty of systems and data,such as computer aided dispatch(CAD) and record management systems(RMS),to facilitate the collection,evaluation,and assessment of suspicious activity repoft tlpsfleads,and onlinelsocial media-based threats. Law Enforcet> nt Readiness(SHSP, UASI,and OPSG) SHSP,UA C,cc©PSG grant1unds may he revues Arid may be approved on a case-by. ase basis for immlgradon enforcement training In support ofthe border security mission,bequests for training will be evaluated on a case-by-case basis and can only he used fbr cortIficadon in the section 287(g) program provided by DFISBCEr SHSP, UASI, or OPSG Sub-Recipients with agreements under section 7(g)of the Immigration and l ationrality Act(8 U, ,C, § 1367(g))to receive delegated authority for Immigration tion enforcement within their jurisdictions may f4l c be reimbursed for scallion 291(g�Meted ope&atlonal a,�M,1410es with approval#rom FEMA on a case-by-oase basis,For OPSG, Sut i clpients must be authorized by USBP Headq Lie rtem and Sento , and operational activities must be coordinatod through a US P Sector, OP G grant funds way�a used to Increase operational,material,and teohnologl l roadine s of SLTT law enforcement agencies,The Delegation of immigration Authority,Seofiun 287(g)of the lmmi,@ration and Nationality Act(INA)program allows a 4tats or local Caw enforcement entity to enter Into a partnership with ICE,under a joint Memorandurn of Agreement( ©A),to receive delegated authority for immigration enforcement within their jurlsdlctlons. M. Regional Border Project (OPSG) S IB-Rsoipients are encouraged to prioritize the acquisition and development of regional projects on the borders to maArnize 1nferopnr--,WI1 y and coordination capa llifies among federal agencies and with ate,local,and tdtul law enforcement partners,Such regional projects lnclude. ■ Communications equipment: * Radio systems and repeaters * Integration with regional Int tonce and information,sharing effort(i.e.fusion centers) c Intelligence analysts • Situational Awareness equipment, o License Plate Reader Networks o Visual detection and survelaance systems o Sensor Systems o Radar Systems(for air and/or marine Incurzions) o Aircraft:systems(manned or unmanned) 3 Critical Emarpney Supplies(SHSP and UASI) Critical emergency supplies, such as shelfstable products,water,and medical equipment and supplies are an altowabte expense under SHSP and UASI, Prior to the allocution of gram funds for stockpiiinq purposes,each state mast have UHS/Fr=MAs approval of a five-year viable inventory management plan,which should include a distribution strategy and related susfainrnenf casts if planned grant expenditure 1s over$100,000,00. If grant expenditures exceed the minimum threshold, the five-year Inventory management plan will be developed by fhe recipient and monitored by FFMA FEMA will provide program oversight and technical assistance as It relates to the purchase of oritloal emergency suppiles under UASI.rEMA will establish guidelines and requirements for the purchase of these 52 879 supplies under UASI and monitor development and status of the state's Inventory management plan. P. Construioti n and Renovation(SHSP and lJA$Q Project construction using SHSP and UASI funds may not exceed the greater of$1,000,000 or 1 Sao of the grant award, For the purposes of tho limitations on funding levels,communications towers are not considered nstruction. Written approval must be prcvlded by E)HSIF MA prior to the use of any H GP funds for construction or renovation.When applying for construction funds,recipients roust submit evidence of approved zoning ordinances,architectural plans,and any other locally required planning permits.Additionally,recipients am required to submit a SF424C form with budget detail ding the project costs,and are SF-4 40 Form for standard assurances for the construction project. Recipients using funds for construction projeots must comply with tha Davle-Sagan Act(codified as amended at 40 UJ S.C.§§3141 et sect.). 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 subdivlslon of the State In which the work is to be performed.Additional lnformation regarding compliance with the Davis-Bacon Act,Including Department of labor(00 .)wage deter ination,s,is available ortiltrne at h s:fltiw rt.c4Qi,ge�vlwhdl avcta�tractsldbra.htrr. Recipients using funds for construction projects must also comply with the requirements set forth In the govemme t»wide award term on Reporting Subawards and Executive Compensation located at 2 C, ,Rn Pan 170,Appondix A.the full text of which Is incorporated here by reference in the award terms and conditions, (1) all iron and steel used In the project are produced In the United States—this means all manufacturing processes,from the Initial melting stage through the application of coatings, occurred In the United States, ( ) all manufactured products used In the.project are produced In the united States—this reams the manufactured product was manufactured in the united States,and the cost of the cornponents of the manufactured product that are rained,produced,or manufactured In the united States is greater than 55 percent of the total crest of aft componanfs of the manActured product,unless another standard for determining the minimum amount of domestic content of the manufactured:product ha's been established under applicable taw or regulation;and ( ) all construction materials are manufactured in the United State6-4hls means Oat all manufacturing pivaessas for the construction mated at occurred In the United Statea, The Buy America preference only applies to articles, materials,and supplies that are consumed in, incorporated into,or affixed to an infrastructure projects As such, it does not apply to torus, equipment,and supplies,such as temporary scaffolding,brought tea the ocartstr etion site and removed at or before the completion of the Infrastructure project, Nor does a.Buy America preference apply to equipment and furnishings,such as movable chairs,desks,and portable computer equipment,that are used at or within the flnished infrastructure project but are not an integral part of the structure or permananffy'affixed to the infrastructure project. Corn municationsTowers When applying for fans to construct communication towers, Sine-Recipfents must submit evidence that the Federal Communication Commisslon's Section 106 of the Motional Historic Preservation Act,Pub.L.No,69»66 ,as amended,review process has been completed. 880, R. 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 currentiy or previously supported by a Federal awarding agency,except as otherwise provided In Federal statutes,regulations,or Federal awarding egency disposition Instructions,the Sub-Recipient must request disposition instructions from FDEM Office of Domestic Preparedness and the Mate Administrative Agency will request disposition instructions from Federal awarding agency as required by the terms and condition%of the Federal award.The Stab-Reolpient shall notify the FOEM Office of Domestic Preparedness at: 2656 Shu Lard Oak Blvd.,Tallahassee, Florida 32.399 one (1)year In advance of the expiration of the equipments posted shelf-life or normal life expectancy or when It has been expended. The Sub-Realplent shall notify the FDEM immediately if the equipment Is destroyed,lost, or stolen. S. Ensuring the Protection of Gill Rights As the Nation works towards achieving the National preparedness Coal,It is Important to continue to protect the civil rights of Individuals. Sub-Recipients must carry out their programs and activities, Including those related to the building,sustainment,and delivery of core capabilities, In a rnanner that respects and ensures the protection of civil rights for protected populations. Federal civil rights statutes,such as Section 303 of the Stafford Act, Section 504 of the Rehabilitation Act of 1973, and Title VI of the Civil Rights Act of 1 W,Age Discrimination Act,along with DHS and FEMA regulations, prohibit discrimination on the basis of race,color,national origin,sex,religion, age,dlsa biltty,Ilmtted English proficiency,or economlo status In connecton v th programs and activities receiving federal financial assistance from FE VIA, Monitoring and oversight requlrements In connection with Sub-Redplant compliance with federal civil rights laws are also authorized pursuant to 44 C,F°.R Part 7, In accordance with civil rights lawn and regulations, Sub-Reciplents must ensure the consistent and systematic fair,just, and impartial treatment of all individuals,Including individuals who belong to underserved communities that have been denied such treatment. Recipients(as defined In 2CFR Part 2GO and Including recipients acting as pass through entities)of Federal financial assistance from the VS. Department of Homeland Security(DHS)or One of its awarding component agendas must complete this tool within thirty(30)days of receipt of the Notice of Award for the first award under which this term applies.Recipients of multiple DHS financial assistance should only submit one completed tool for their agency,not per award.Sala-Recipients are not required to complete and submit this tool to 1DHS. However, Sub-Recipients have the some obligations as pass-through entities and Recipients to comply with applicable civil rights requirements and should foilowt their pass-through entitles Instructions for submitting civil rights Information to those entities. To demonstrate successful completion of task 3 B for Quarters 1,the Sub-Reelpient roust submit fe following items In the Division's Salesforco system: * Complete and submitthe 01,01 Rights Evaluation tool hitps:iAvww.dhs.govlpublicatlon/`dhs- civil-rlcehts valuation-tool to Include supporting materials within thirty(30)days of receipt of the Notice of Award (November 1, 2022) for the first award under which this term applies. o Subsequent submissions:After the initial submission,Sub-Recipients are required to complete the tool once every two(2)years If they have an active award, not every time and award Is made,After Initial submission,Sub-Recipients are only required to submit updates, If they are no updates since the initial submission,the Scala-Recipient must indicate"nee Charge"for each item as applicable to satisfy the blyeady requirement. Recipients should not re-submit Information previously submitted.The due date for submitting updates Is calculated from two(2)yoars from the date the Sub-Recipients last submitted the tool to the SAA 54 881 (FI)EM), FDBM will send an email reminder to the contact person identified In Section 2 of the tool prior to the due date for the blyearly update. T. National Incident Management System(NIMS)Implementation(HSGP,OPSG, E IASI only) NIMS provides stakeholders across the whole community with the shared vocabulary,systems,and processes to successfully deliver the capabilities described In the National Preparedness System. and Svb-Recipients of federal preparedness (ion-disaster) grant awards, jurisdictions and organizations roust aohieve, or be actively working to achieve, all of the NIMS Implementation Objectives.The objectives can be found on the NIMS webpege at https:/Iwww,feme.gov/srnergency- rnanagersinir sfimplementation-training. U. pirstNet FirstNet provides public safety entities with mission-critical broadband data capabilities and services Including, but not limited to messaging, image sharing,video streaming,group text, voice,data storage,applications, location-based services,and Quality of Service,Priority,and Preemption, Public safety entities seeking to enhance their operational capabilities using broadband technology may seek grant funding from appropriate prognms to support the following: o Planing for integration of Information technology(IT)Infrastructure,software,and site upgrades necassary to conneot to FirstNet • Handhokl broadband devices including smartphones, feature phones,tablets, wearables, push-to-talk(PTT)devices * Vehicle-mounted or otherwise field operated data devices,,such as ruggedized laptops + Network access devices, Including portable W-F1 devices, Universal Serial Bus(USE) modemsddvngles,trunk-mounted modems, routers • Customer-Owned and Managed (LOAM)broadband deployable equipment,enabling public safety to sewn and dispatch coverage expansion or capacity enhancement equipment within their jurisdiction « Broadband device accessories that enable efficient and safe public safety operation such as headsets, belt clips,earpleces,remote Bluetooth senors,ruggedized cases * Subscriber Identification Modules{ IM#Universai Integrated Circult Cards(UICCs)to allow public safety users to update existing devices to operate on public safety prioritized services * One-time purchase and subscription-based applications for public gaiety use which could Include,among several other option,enterprise mobility management(BMM), mobile device management(MtJM), Mobile Virtual Private Network (VPN),Identity services, or cloud service tools Sub-Recipients must be coordinated with the Statewide Interoperability Coordinator(SWIG)and FirstNet on the planning, deployment timeilnes and operational availability cat' the network ,'° g, p y , W 'J deployment uwithin a specific state or territory and to ensure that project does not conflict with � >`� P j network planning efforts and complies with all technical requirements. FirstNet requires j participating agencies to demonstrate a subscription to public safety-prioritized broadband services to purchase FirstNet broadband devices or applications.Sub-Recipients roust coordinate with FIrstNet In advance of any strategic acquisition of broadband LTE equipment to ensure that purchases adhere to all applicable standards,for public safety entitles, V. SAFIPCCyM All Sub-Recipients using preparedness grant funding to support emergency communication systems and equipment must meet applloable SAF C OM Guidance. Sub-Recipients must be coordinated with the SWIC and the State Interoperability Governing Body(8I013)to ensure inter+cperabllity and long-term compatibility. W Cybersecurity Sub-Recipients roust use HSGP funds for oybersecurity protects that support the security and functioning of critical Infrastructure and core capabilities as they relate to preventing, preparing 55 882 i for,protecting against,or responding to acts of tarradam.Sub-Recipients of FY 2022 I SGF grant awards will be required to complete the 2022 Nationwide Cybersecurity Review(NC SR), enabling agencies to benchmark and measure progress of improving their cyberseourity posture, The NOSR Is an annual requirement and Sub-Reciplents must complete the first available NOSR offered after this subaward has been issued. X Procurement The purpose of the procurement process is to on sure a fair and reasonable prim Is paid for the servlm provided.All procurement transactions will be conducted In a manner providing full and open competition and shall comply with the standards articulated In: * 2 G.F,R. Fart 200; * Chapter 287, Florida Statues; and, * Sub-ReciplenVs local procurement policy, To the extent that one standard is more stringent than another, they Sub-Recipient mast follow the more stringent standard, For example,if a State statute imposes a stricter requirement than a Federal regulation,then the Sub-Reolplent must adhere to the requirements of the State statute. The State of Florida procurement policy and procodure Is as follows: Amount Doc umentatiotr Re ulred Shall tie carried out using good purGhasing practices which may Include up to$2 499 certification of written ortaia l�crn® rotes $2, 00 but less than Submit summary of 2(minimum)written quotes,signed by the vendor 88 000 re�res�ntativeT For vendors not on STO:submit doeurnantatlon of Invitation to Bid $35,000 Process SEq),_Baquest tgr,.ro osai RFP or Intent to Ne -date ITIvI All Stile Source FIO M re-a r=val is iM ulred Alternative Contract Commodities or Services available to the State via outside contract Source vehicle.A copy of the execrated contract muat be submittetl pairing with additional cotes if t� A 70 car fiA 84. Formal Competitive Solicitations-. $36,000 and above and not available on STC Include Invitation to 13Id(ITS),Request for Proposal(RFP),or Invitation to Negotiate(ITN).Each requires a Scope of Work that meets all statutory requirements and formal pasting or publication process. Examples of when to use each method: a 1. .iy lotion to Bid., When a Sub-Recipient can establish precise specifications for a commodity or defining,with speciftity,a scope of work.for the commodities or csantraoWal services sought. If not using an ITS,Sub-Recipient must justify in wrlting why an ITS is not practicable. c Reauest for proposal; Through this process,vendors can compete on a cost basis for like items or services,The request for proposals method of procurement is used when it is not practicable for the agency to specifically define the scope of work for which the commodities or contractual services Is needed.Simply put,the Sub-Reciplent can describe what It wants to accomplish but the methods or means to accomplish the desired outcome cannot be easily defrrred.There may be several methods available to accomplish a task,and the agenoy Is considering all the available optlons, a Inyftation to a otiate: If the Sub-Recipient has determined that are ITB or an RFP will not result in the best value,the Sub-Recipient may procure commodities and:contractual services using the ITN prop s,The procurement the merit be documented to support why 6 883 an ITB and a RFP will not result In best value(287.067(1)(o), Florida Statutes), Contracts that exceed$1M require a Florida Certified Contract Negotiator.Contracts more than, $1 OM In any fiscal year, requires a Project Management Professional on the team, The Division shall pro-approve all scopes of work for projects funded under this agreement. Also, to receive reimbursement from the Division,the Sub-Reolplent must provide the Division with a suspension and debarment forum for each vendor that performed work under the agreement. Furtherrnpre,if requested by the Division,the Sub-Recipient shall provide copies of solicitation documents including responses and Justl cation of vendor selection, Contracts may lrtcluft Mate'Teruo Contract-A State Term Contract Is a contract that Is competitively pmuved by the Division of Mate Purchasing for selected products and services for use by agencies and eligible users.Florida agencies and eligible users may use a request for quote to obtain written pricing or services Information from a state terra contact vendor for commodities or contractual services ovallable on a state torte contract from that vendor,Use of state term contracts is mandatory tar Florida agencies in accordance with section 287.056, Florida Statutes. Alternate Contract Source:An Alternate Contract Source Is a contract let by a federal,state,or local government that has been approved by the Department of Management Services,based on a determination thtt the contract is cost-affective and in the best Interest of the state,for use by one or all Florida agencies for purchases,without the requirement of competitive procurement,Alternate contract sources are authorized by subsection 287.042(16), Florida Statutes,as Implemented by Rule 6OA-1.045, Florida Administrative Cade. General Services Administration Schedules:The General Services Administration (GSA)is are Independent agency of the united Mates Government,States,tribes,and local govornments,and any instrumentality thereof(such as local education agencies or institutions of higher education)may participate In the GSA Cooperative Purchasing Program.).Refer to the appropriate GSA Schedule for additional requirements. Y. lfigaybAcking The practice of procurement by one agency using the agreement of another agency Is called piggybacking. The ability to piggyback onto an extsdi ig contract Is not tmlWted. The'Sub. Recipients written procurement policy gust be submitted to the SAA and must allow for piggybmoking.The existing contract roust contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the new contract, including-the Scopo of Work, must be substantially the same as those of the existing contract and approved by the Division, The piggyback contract may not exceed the existing contract In,scope or volume of goods or services. A.$ub-Recipient may not use the preexisting contract merely as a"basis to begin negcrtlations'for a broader or materially different contract. Section 2115.971,Florida Statutes Stab&fy changes enacted by the Legislature Impose additional requirements on grant and Sulam Recipient agreements funded with Federal or State financial assistance. In pertinent part, Section 215.971(1)states. An agency agreement that provides state financial assistance to a Recipient or Sub-Recipient,as those terms are defined In s.216.97,or that provides federal financial assistance to a Subw Recipient,as defined by applicable United States Office of Management and Budget circulars, must include all of the following: e A provision specifying a.Scrape of Work that clearly establishes the tasks that the Recipient or Sub-Recipient Is required to perform. 884 ; * A provision dividing the agreement Into quantifiable units of deliverables that roust be received and accepted In writing by the urgency before payment,I5ach deliverable must be diraotty related to the at)pe of Wor and specify the required minimum loyal of service to be performed and the criteria for evaluating the successful completion of each deliverable, rr A provision specifying]the flnenciai consequences that apply if the Rodplent or$0-Reciplent falis to perform the minimum level of service required by the agreement,The provision can be excluded from the agreement only If financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a stage agency from a RwIplont or Sub- Recipient for failure to perform as required under the agreement may be expended onty Ili direct support of the program from which the agreement originated, * A provlslon specifying that a Recipient or Sub Reciplenl of federal or state finan lal assistance may expend funds only for allowable costs resuttlnq from ohtigation lnrurred during the speclfW a0rooment period, s A provision specifying that any balance of unobllgatod funds which has been advanced or paid must be refunded to the state agency. e A provlalon 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 agreerent must be refundad to the state agency o Any additional information required pursuant to s, 215,97, Z. Unique Entity identifier and System for Award Ma agornen>t(SAM) Sub-Raclplojits for this award mast, e registered In SAM; * Provide a valid UE10/ AM numt er;and + Continue to mal t lrr an active SAM registr tlon with current information at all times during which it has an active federal award. A Roporting Req Imnients 9. Quarterly Programmatic Repo inn, Th a Quarterly Programmatic Report Is due within thirty(30)drays der the end of the reporting periods(March 31,June M, September 30,and Oecember 31)for the life of this contract. If a report(s)is delinquent,future fln anclal reimbursements will be withheld until the Sub-Reciplent's reporting is current. b If a report goes three(3)consecutive quarters from date of execution without the aub,Reclplent reflecting any activity and/gar expenditures it will result In the Issuance of a rio€7camptlarce teftr,and e women justlftcatlon mua thorn be provided. * Based on the SAA'a doterminatian,the Sub-€-eciplent will have 30 days to submit a latter of appeal to the SAA/HSA, * Sub.ReQfpients will only be allowed one opportunity to appeal. * If the appeal is denied,or if there Is no response to the notif€cation of noncompliance,the Saab-mciplerifs funds will be terminated, • If a report goes four(4)consecutive quarters from date of excootlon without theSO- Recipient reficcting any activity and/or expenditures,It w[tt resuk In tafmhatlon of the agreement. 885 trirnatic oAl Ina 8c educe lie ortin Period —......Report dire to POEM no later than Januaa T through March 31 A r1l 30 April 1 throu h,cue 30 Jul 31 July 1 throe hSeptember 30 October 31 October titrctu h t7e�31 January 31 2. Programmatic Reporting-Biannual Strategic Implementation Report IE iR}: After the and of each reporting period,for the life of the contract unloss directed otherwise, the AA,will complete the Biannual Strategic Implementation Report In the Grant$Reporting Tool (GRT)https-./Agww.reporting.odp.dhs.gov. The reporting periods are January 14uno 30 and July 1 4:)ocomber 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld If these reports are delinquent. 3. Reimbursement Requests; A request for ralmbursoment may be sent to your grant manager far 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 Serb-Recipient should Include the category's corresponding lime-item number In the"retail of Claims"form.This number can be found In the"Proposed grogram SudgeV, A line4tem number Is to be Included for every dollar amount listen in the Detail of Claims"form, 4. los"ut Programmatic Reporting- The Close-out Report is due to the Florida Division of Emergency Management no later than sixty (60)calendar days after the agreement Is either completed or the agreement has explrrmd. . Administrative Closeout An administrative closeout may be conducted when a recipient is not responsive to the Division's reasonable efforts to collect required reports,farms,or outer documentation needed to complete the standard award and/or closeout pmess.FD M will make three Witten attempts to ooltect required Information before Initiating an admInistrative closeout, If an award Is administratively closed, FDEM may decide to impose remedles for noncompliance per 2 CY,R.§200,338, consider this information In reviowing future award applications,or apply special conditions to existing or future awards. ZZ Porlod of Performance(POP)Extensions Extensions to the peflod of performance idontified in the agreement are allowable under Ilmited circumstances and will only be considered through formal,written requests to the SAA. Ail extension requests must contain specific and compelling Justifications as to why an extension Is required,and must address the fallowing: 1.The grant program,fiscal year,and agreement number; 2.Reason for the delay—Including details of the legal,policy,or operational challenges that prevent the anal expenditure of awarded funds by the deadline; 3.Gurront status of project activity; 4.Requested POP termination state and now project completion date; 6.Amount of Bands reimbursed to date; .Remaining available funds; 59 886 7.Oudget outlining how the rernaining funds w111 be expended; 8,plan for completion:,Incfuding milestones and timeframes for achieving each miWone and the position or person r ponsible for implementing the plan for completion,and 9,Certlflcallon that the activlty(ies)will be completed within the extended IOp without any rr odMoatiorr to the orlg€rial statement of work,as described In the investment justification and as approved by FIRMA, Extension requests are typically granted for no more than a six-month period, and will be granted only due to compeliing legal,policy,or operational challortges.Extonaion requests will(stay ko mnsidered for flee following reasons; + Contractual mmmitmenta ley the recipient or Bub-Rerlplevt with vendm proved co plation of the project Mthin the existing POP; ■ The project must undergo a complex onvkonrnontal review that cannot be completed wNn the eXie ng i'OR projects are longterm by design,and therefore acceleration would compromise oore prograrnmat ,qaal >or ® Whore other special or extenuating circumstances exist. ZA, Programmatic matic PoW of Contact Contractual point of Contact Programmatic Point of Contact Jamtka Jackson Mzzy K, Caban F 9M FDEM 2,M Shurnard.Oak Blvd, 2556 Shtimard©alp Wvd. Tallahassee, FL 32399.210] Tallahassee, FL$ 399-21 3 ( )5t6-4344 (850)815,4348 Jarnil�.Jaolcsart e .rrt flarida,cscam ICIz� €��tian em.rn 1�rrida,ccsm ZA Contractual Resporr i llitles * The POEM shall determine eligibility of projects and approve changes In$cope of Mork. The FD M shall administer the financial processes, A FalluretoComply Failure to comply vO any of the provl ions outlined above shall result in disallowance of reirn hums"nt for expenditures, [Remainder of pogo lntentionally left bland 60 887 ATTACHMENT ENT C D LTVERABLI S AND PERFORMANCE State Homeland Socurity Program(HSGP): HSGP supports the Implementation of risk driven, capabilltles«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 lovols are assessed In fly Mate Preparedness Report(SPR)and inform planning,organization, equipment,training,and oxerelse needs to provent, protect against, mitigate,respond to,and recover from acts of terrorism and other catastrophic events. Planning Deliverable: Subject to the funding limitations of this Agroornent,the Division shall reimburse the Sub-Recipient for the actual cost of successfully completing Planning activities consistent with the guidelines contained in the Comprehensive Preparedness Guide GPG 101 v.2. For additional information,please see https-/Aw v.fema.gav/omergency-manageWnaUonal-preparedneWplan 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('l"KIRA),Mate Preparedness Repott(SPR),and other planning activities that support the National Preparedness Goal (NPG)and place an emphasis on updating and maintaining a current Emergency Operatlorls 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 reimburrse.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-Recipient for the actual cost of sutcessfrilly completing an exercise which meets the Department of Homeland Security Homeland Security Exercise and Evaluation Program(HSF P)standards and Is listed In A)the State of Florida IPP,and R)County or Regional TEP for tho region in which the Sub- Recipient Is geographically located. Information related to TEPs and HS FP compliance can be found online at, For tho purposes of this Agreement,any exercise which Is compliant with HSEEP standards and contained In the State of Florida IPP qualifies as an authorized exercise. The Stab-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(DAIS)approved course catalog. For non-01-11S approved courses the Sub-Riadplent shall obtain advance FD IVI approval using the Non-TFD form by contacting their grant manager. The DHS course catalog Is available online at http:Htralningofema,govf, Forte purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub eciplent can successfully complete are authorized course either by attending or conducting that course. Equipment Delivorabls, Subject to the funding limitations of this Agreement,the Division shall reimburse the Sub-Recipient for the actual cost of purchasing an Item Identified in the approved project funding template Bind budget:of this agreement and listed on the DHS Authorized Equipment List(A EL). For the purposes of this Agreement,any Item listed on the A L qualifies as an authorized Item. The 21 allowable prevention, protection,mitigation,response, and recovery equipment categories and equipment standards for f l OP are listed on the web-based version of the Authorized Equipment List(A EL)on the Lessons Learned Information System at http.-/fwww.fama.gov/suthodzed-equlpment-list, In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. fil 888 Maoagoment deliverable; Subject to the funding limitations of this Agreement,the Division shall reimburse the Sub-Recipient for the actual coat for Management and Administration(M&A)activities. Coate for allowable Items will be reimbursod If Incurred and completed within the period of performance, In accordance with the Budget and Scope of Work,Attachments A and 8 of this ,agreement. Rernaindar of page Intentionally loft blank] 62 889 ATTACHMENT D Program Statutes and Regulations 1) Age Discriminatlon Act of 1975 42 U.S.C.§6101 et seq, 2) Americans with Disabilities Act of 1990 42 U.S.C.§ 12101-12213 a) Chapter 473,fflodda%atutes 4) Chapter 215,Fjg_OdA Statutes 6) Chapter 262,&Ldp.fttutes 6) Title V1 of the Civil Rights Act of 1964 42 U.S.G.§2000 et seq. 7) Title A I I 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,Cost Principles, Representations and Certifications 2 C.FR. Part 200 10) Debarment and Suspension Exacuitive Orders 12549 end 12689 11) Drug Froo Workplace Act of 1988 41 U.&C.§701 et seq. 12) Duplication of Benefits 2 C.P.R. Part 200,Subpart E 13) Energy Policy and Conservation Act 42 U,S,C,§6201 etseq, 14) False Claims Act and Program Fraud Civil Remedies 31 U44-§3729-3733 also 31 U.S.C. 3801.3812 16) Fly America Act of 1974 49 U,S.C.§41102 also 49 UxS.C.§40118 16) Hotel and Motel Fire Safety Aot of 1990 15 U.S.C.§2225a 17) Lobbying Prohibitions 31 U,S,C.§ 1362 18) Patents and intellectual Property Rights 35 U,S,C.§200 st seq. 1 1a) Procurement of Recovered Materials section 6002 of$ol1d Waste Disposal Act 20) Terrorist Financing Executive Order 13224 21) *ntle IX of the Education Amendments of 1972(Equal Opportunity In Education Act)20 U.S.C.§ 1681 of 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.&C.§175-172c 25) Whistleblower Protection Act 10 US.C. §2409,41 US,C.§4712,and 10 U.S.C.§2324,41 U.SC. §4304 and§4310 26) 63 Federal Register 8034 27) Rule Chapters 27P-6,27P-1 1,and 27P-1 9, Florida Administrative Code 63 890 ATTACHMENT E .JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: If you are requestIng an advance,indicate same by checking the box below. )ADVANCE REQUESTED D(Maxhnu.in requtst arnount may not exceed fifty percent) Advance payment of$ is requested. balance ofpayaataats will be wade ou a reinrburseinent bads. This advwice will be used on egnipme it specific prajeets within the budget of the agreement.We woWd not by able to operate the progrum without this advance, If you are requesting an advance,complete the Wowing chart and lire Item justification below. �STIM ED EXIPSNSES Project lea s t�►com lots Fr ��unt recttaesicd N Ede t15T I" Odd (For each line Item,provide a detailed)tastl canton explaining the need for the cash advance. The justification must Include supporting documentation that clearly shows the advance will be expanded within the first ninety(SO)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 prorride the Division reasonable and necessary support that the advance will be expended within the first ninety(90)clays of the contract term unless an EHP Is required. Any advance funds not expended within the first ninety(toff)days of the contract teat shall be returned to the Division Cashier,2556 Shumard Oast Boulevard,Tallahassee, Florida 32399,within thirty(30)days of receipt,along with any interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE a CASE BASIS* rEHP MUST BE COMPLETED AND APPROVED BY FEMA PRIOR TO ADVittNCEE" Signature of Sub-Radpient Date: Marne and Title of Sub-Reciplent ...... ... 64 891 I ATTACHMENT F WARRANTIES AND REPRESENTATIONS i anclgij Managemeat The Sub-Roolplent's financial management system must comply with 2 C.F.R.§200.302. Procurernent§ Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R.§2013. Part 13—Post Federal Award Roqulremont8—PrDourement Standards(2 0.R R, §§200.318 through 200,327). The Sub�Reclplent shall have its oftes open for business,with the entrance door open to the public, and at least one employee on efte. from. Licensina and Lermitt ng All subcontractors or employees hired by the Sub-Reolplent shall have all current licenses and permits required for the particular work for which they are hired by the Sub-Reolplent, 65 892 ATTACHMENT G CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 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. SUR-CONTRACTOR, By; Signature Sub-Recipient's Name Narnig and Title FDEM Contract Number Street Address INNS Grant Award Number City, State,Zip Date, 66 893 ATTACHMENT H STATEMENT OF A$SURANCES All of the instructions, guidance,limitations,and other conditions set forth In the Notice of Funding Opportunity(NOFO)for this program are Incorporated Mere by reference In the terms and conditions of your award. All Sub-recipients must comply with any such requirements set.forth In the program NQF0. All Sub-Recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-Federal sources, All Sub-Recipients must acknowledge their use of federal funding when Issuing statements,press releases, requests for proposals,:bid Invitations,and other documents describing projects or programs funded In whole or in part with Federal funds. Any cost allocable to a particular Federal award provided for In 2 C.F.R.Part 200,Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avold 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-Reciplent from shifting casts that are allowable under two or mare Federal awards In accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. Sub-Recipients are required to comply with the requirements set forth In the government-wide Award "berm:regarding the;system for Award Management and universal identifier Requiremenfa located at 2 .F,R.Fart 25,Appendix A,the full text of which Incorporated here by reference In the terms and conditions of your award. Al Sub-Recipients must acknowledge and agree to comply with applicable provisions governing OHS access to records, accounts,documents,Information,facilities,and staff, 4. Sul-Reciplent must cooperate wi a any compliance review or compliant Investigation conducted by the State Administrative Agency or DHS. 2. Sub-Recipient will give the Mate Administrative,Agency, 01-18 or through any authorized representative,access to and the right to examine and copy, records.,accounts,and other documents and sources of Information related to the federal financial assistance award and permit access to facilities, personnel,and other Individuals and Information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. & Sub-Recipient must submit timely,complete,and accurate reports to the FIDEM and maintain appropriate backup documentation to support the reports. Sub-Recipients must also comply with all other special reporting,data collection and evaluation requirements,as prescribed by law or detailed In program guidance. 49 Sub-Reciplent will acknowledge their use of federal funding when Issuing statements,press releases, requests for proposals,bid invitations,and other documents describing prpJects or programs funded In whole or In part with Federal funds. 15. Sub-Recipient who receives awards made under programs that provide emergency communications equipment and its related activities must comply with SAF COM Guidance for:emergency Communications Grants,including provisions on technical standards that ensure and enhance intercperable communloations. &, When original or replacement equipment acquired under this award lay the Sub-Recipient Is no longer needed for the original project or program or for ether activities currently or previously 67 894 i supported by DHSCFEMA,you must request Instructions from ITEM to make properdisposition of the equipment pursuant to 2 CRR.Sectlon 200,313, 7. DFISIF MA funded activities that may require an EHP review are subject to l*EMA's Environmental Planning and Historic Preservation(EHP)review process.This review does not address all federal,state,and focal 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 pass4hrough entity, if applicable, and DHS/FEMA. B. Sub-Reclplents are required to comply with the wild America,Buy America Act(BABAA), which was,enacted as part of the Infrastructure Investment and,tabs Act Ser tione 70901 70927, Pub. L. No. 117-53(2021);and Executive Order 14005, Ensuring the Future Is Made In All of Arnerlca by All of Amerlra's Workers. 9. Sub-Reciplent will comply with the appllcable provisions of the following laws and policies prohibiting discriminaVon., a. Title VI of the Civil Rights Act of 1964, as amended,which prohibits discrimination based on race, color, or national origin (including limited English profc3ency). b. Section 504 of the Rehabilitation Act of 1973,as amended,which prohibits discrimination based on disability, c. "title IX of the Education Amendments Act of 1972, as amended,which prohibits discrimination based on sex In education programs or activities, d. Age Discrimination Act of 1975,which prohibits discrlonination based on age. a. U.S, Department of Homeland Security regulation 0 C.I=,R.Part 19,which prohibits discrimination based on religion In social service programs. [Remainder of page Intentionally left blank] 68 i 895 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.Fart 200, It Is the responsibility of the sub- clplent to Include the required provisions, The following is a list of sample provisions from Appendix ll to 2 C,F,R. Karl 200 that May be required:' Appendix 11 to Part 20"ontract l rovIslons for Non-Federal Entity Contrasts Under Federal Awards In addition to other provisions rsquJred by the Federal agency or non-Federal entity,all contracts made by the non-Federal entity under the Federal award musk contain provisions covering the following, as oppllcabie. (A)Contracts for more than the simplified acquisition threshold,which is the Inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councft)as authorized by 41 tl.S.C. 1906,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 sattlament. (C)Equal Employment Opportunity.Except as otherwise provided under 41 CFR Fart 60,all contracts that meet the definition of"federally assisted construction contract"in 41 CFR Furl 60-1.3 must inolude the equal opportunity clause provided tender 41 OFR 60-1.4(b), In accordance with Executive Order 11246," gtaal Employment Opportunity"(30 FIR 12319,1293 ,3 CFR Part, 19 -1966 Camp,,p. 339),as amended by Execrative Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and Implementing regulations at 41 OFIR part 60,"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,Department of Labor." (0)Davis-Bacon Act,as amended(40 U.S.C, 3141-3145). When required by Federal program legislation,all prime construction contracts 1n excess of$2,000 awarded by non-Federal entities must Include a provision for compliance wlth the Davis-Bacon Act(40 U. .0. 3141-3144,and 3146-3143)as supplemented by Department of Labor regulations(29 CFR Part 5, "Labor Standards Provisions Applicable to Contras Covering.Federally Financed and Assisted Construction"),In accordanoe 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 Labors In addition, contractors trust be required to pay gages not less than once a meek.The non-Federal entity must place s copy of the current prevailing wage determination Issued by the Department of Labor In each solloltation.'rho decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determInatlon.The non-Federal entity roust report all suspected or reported violations to the Federal awarding agency,The contracts must also Include a provision fear compllanee,with the Copeland :"Anti-Kickback"Act(40 U3,Ca 3146),as supplemented by Department of Labor regulations(29 CFR Dart ,"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 Stab-reclplont roust 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 thecompensation to which he or she Is otherwise entitled.The non- Federal entity must report all suspected or reported vlolations to the Federal awarding agency. ( )Contract Work Hours and Safety Standards Act(40 U, &C.3701-3708).Where applicable,all contracts awarded by the non-Federal entity in excess of$100,000 that involve tho employment of mechanics or laborers must Include a provision for compliance with 40 UXC.§§3702 and 3704,as supplemented by Department of labor regulations(29 OFR Part 5). Under 40 U.S.C.§3702 of the.Act, each contractor must be required to compute the wages of every mechanlo and laborer on the basis of a 1 For example, the Davis-Bacon Act is not applicable to other FERIA grant and cooperative agreement programs, Including the Public Assistance Program or Hazard Litigation Grant Program;however,sub- reciplard may Include the proAslon in its subcontracts, 69 896 standard work week of 40 hours,Work In excess of the standard work week Is permissible provided that the worker Is compensated at a ate of not less than one and a heft times the basic rate of pay far all hours worked In excess of 40 hours In the work week.The requirements of 40 U,S.C.§3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of Intelilgenco, (F)Bights to Inventions Made under as Contract or Agreement,if the Federal award meets the definition of'funding a reernenr under 37 CFR§401.2(a)and the reciplent or Sub-recipient wishes to eater Into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental,or research work sander that`funding agreement,"the recipient or Sub-recipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Gr;ant$, Contacts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. (G)Clean Air Act(42 U.S.G.§§7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.0 1261A387), as amended--Contracts and subgrants of amounts In excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations Issued pursuant to fe Clears Air Act(42 U.S.C.§§7401-7671q)and the Federal Water Pollutions Control Act as amended(33 U.S.C. §§1261-1387).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA), (l l)Debarment and Suspension(Executive Orders 12549 and 12680)—A contract award(see 2 CFR§ 18q.220)must not be made to parties listed on the governmontwlde Excluded Parties List System In the System for Award Management(SA ),In accordance with the OMB guidelines at 2 CFR 180 that Implement Exeoutive Orders 12649(3 CFR Part 1986 Comp.,p. 189)and 12689(3 CFR Past 1989 Comp„ p.236), "Debarment and Suspension,"The Excluded Parties List System In SAM contains ft names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12649, (1)Byrd Anti-Lobbying Amendment(31 U,S.C.§ 1352)­Cantraotors 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 organizations for€nfluenoing or attempting to Influence are ofllcer or employee of any agency, a member of Congress, officer or employee of Congress,or an employee of a member of Congress In connection with obtaining any Federal contract, grant or any other award covered by 31 'U.S.C.§ 1362.Each tier must also disclose any lobbying with non-Federal funds that takes place In connection with obtaining any Federal award,Such disclosures are forwarded from tier to tier up to the non-Federal award. (J)See§200,323 Procurement of recovered materials, (K)Sec§200,216 Prohibition on certain telecommunication and video surveillance services or equipment. (L)See§200.322 Domestlo preferences for procurements (Appendix 1f to,dart 200, Revised Eff, 11 1212020). .leave mote that the sub-recipfent alone is vesper ible for enNuring that all language included in its cora"coy meeO the requimments of 2 C KR, §200,327 and 2 CFR. Part 200, Appendix ff. 70 897 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 various funding sources Inciuding federal grant funds. The Florida Division of Emergency Management(FDEM)has a responsibility to track and monitor the status of grant activity and Items purchased to ensure compliance with applicable Homeland Security Grant Program(HSGP)grant guidance and statutory regulations. The monitoring process is designed to assess a Sub-Reciplent agency's compliance with applicable state and federal guidelines:. Monitoring Is accomplished utilizing various methods Including desk monitoring and on-site visits. There are two primary areas roviewed during monitoring activities-financial and programmatic monitoring. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements.. It involves the review of records associated with the purchase and disposition of property,projects and contracts. Programmatic monitoring seeks to validate and assist in the grant progress,targeting Issues that may be hindering project goals and ensuring compliance with the purpose of the grant and overall grant program. Programmatic monitoring involves the observatlon of equipment purchased, protocols and other associated records. Varloue levels of financial and programmatic review may be accomplished daring the monitoring prods„ MonitorilIg Selection and§chedultng. Each year the FOEM will conduct monitoring based on a"Risk Assessment'. The risk assessment tool is used to help In determining the priority of Sub-Raclplents that should be reviewed and the level of monitoring that should be performed, It Is Important to note that although a given grant may be closed,it is still subject to elther desk or on-site monitoring for a five( )year period following closure. &Mas.,tbat will be examined Include: * Management and administrative procedures; Grant folder maintenance; +r Equipment accountability and sub-hand receipt procedures; Program for obsolescence; a Status of equipment purchases; Status of training for purchased equipment; Status and number of response trainings conducted to Include number trained, Staters and number of exercises; �► Status of planning activity; . Anticipated projected completion; • Difflculties encountered In completing projects, + Agency NIMSfICS compliance�documentativn; Equal Employment Opportunity(EEO Status); « Procurement Policy PDEM may request additional monitoring/Informadon of the activity,or lack thereof,generates questions from the region,the sponsoring agency or FD M leadership, The method of gathering this Information will be determined on a case-by°case basis. Monitoring.Ao itlos, Desk reviews and site visits are two forms of monitoring. Desk monitoring is the review of projects, financial activity and technical assistance between 1°DEM and the applicant via evmall and telephone. On-site monitoring are actual visits to the Sub-Reciplent agencies by Division representatives who examines records, procedures and equipment. Desk monitoring is an on-going process. Sub-recipients will be required to participate In desk top monitoring as determined by FIDFM. This contact will provide an opportunity to identify the need for 71 898 tech i assistame(TA)andfor a site visit if FDEM determines that a Sub-recipient Is having difficulty completing their project. As difficuWasldeficierrul art:ldentifled,the respWlve region or sponsoa ng agency Will be notified by the program office via email. Information will Include the grant$0-Reciplent agency name,year and project description and the nature of the Issue In question. Many of the Issues that arise may be rcasolved of the regic al or sparlsoring agency level. issues that require 4 rther TA will he referred to FDEM tar assistance. Examples of TA include but are not limited to, * Equipment selection or available vendors Eilglblllty of items or servleeG . Coordination and partnership with oth or agericles within or outside the. region or dlWpiisle * RiDoord beeping • Deporting requirements Documentation in suppod of s Request for Relmbiarsemenl On-site monitoring will be conducted by FDEM or designated personnel. On-site monitoring visits will be scheduled irs advance with the Sub-R�or#4ent agency P€ O designated in the grant agreament. FDEM will also conduct ccordlnqtod financial and grant file monitoring. Subject matter experts from other agencies within the region or ate may be called upon to assist In the form of a peer review as needed, �a�;5l�1�lorxrlr�tac�[ ors-aiie n1t> 1oring visits wllf begin with those grebes that are currently spending or have completed spending for that federal fiscal year(FFY). Site visits may be combined"on geographloaily convenient, 'here Is a financlatl programmatic On-site monitorin?g checklist to assist In the wrhpletion of all required tasks. lte VtsILE ePatatIon A letter will be sent to the$tab-Reclplent agency Point of Contact(POC)outlining the'date, time and purpose of the site visit before the planned arrival date.The appointment should he confirmed with the grantee In writing(email Isacceptable)and documented In the grantee folder, The ph 'W location of anyequipmerA located at an alternate alla should be oonfirmed with a representative from that location and the address should be documented ter the gmtee fa der betre the site visit, Mite Monitcarry�t lli�it Once FDEM parsonnel have arrived at the site, an orientation conference will be condeaated. During fills time,the purpose of ibe slto visit and the Items FD M intends to examine will be identified.All objectives of the site vWt wfli be oxplatRed dminj}We tims, FIDEM personnel will review all M04 and supporting documentation, Once the supporting dooumentotlon has been reviewed,�a tourlvisttel(epot inspaoLion of equipment wiil be conducted. Each item selected for review should be visually inspected whenever possible, pigger items(computem, fesponm vehicles,etc.)shWd have air asset decal�Informatlonfserial number)placed In a prominent location on each piece of equipment as per ub�Roolplant agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase, Photogrophs should be taken of the "Wpm t(lame capital expenditures In exoess of$1,000, par item), If an item is not available(being used during time of the site visit), the appropriate documentation must be provided to aunt for that particular piece of equipment. tither programmatic Issues Can be discussed at this time,such as missing quart rty reports,payment vo cher/reirnbursemant,equipment,questions, etc. 72 899 Post sit FDEM personnel will review the On-site monitoring worksheat�and backup documentation as a team~and discuss the events of the On-site monitoring. Within Forty-Five(45)calendar days of the site visit,a post monitoring letter will be generated and seat to the grantee explaining any issues and corrective actions required or commendations.Should Issues or Wings be identified,a non,immpilance letter to that effect will be generated and seat to the Sins-recipient. TheSub-Recipient will submit a Corrective Action Ilan within a t€rnefrarrme as determined by FDE , Noncompliance on behalf of sub-grantees Is resolved by management under the terms of the Sub-Grant Agreement. The On-site monitoring report and all hack up documentation will then be included in the Sub- Recipient's file. rta ss an_s_1biltties of Pass4hrMt1 es Sub-Recipients who are pass-through entities are responsible for monitoring their Sub,Reclpients in a mannor consistent with the terms of the federal award at 2 C.F,R. Fart 200,including 2 0-F,R, §200,332. This Includes the pass-through entity's responsibility to monitor the activities of the Saab-Raolp€ent as necessary to ensure that the subaward Is used for authorized purposes,In compliance with federal statutes,regulations,and the terms and conditions of the subaward;and that subaward performance goals are achieved, u teolpie►nt responsital'li#les aiso Include but are not limited to.accounting of receipts and expenditures, cash management,maintaining adequate financial records, reporting and refunding expenditures disallowed by audits,monitoring If acting as a pass-through entity,other assessment$and reviews,and ensuring overall complianoe with the terms and conditions of the award or suba,w€ord,as applicable, Including the terms of 2 G.F.R.Part 200. [Remainder of page intentionally left blank] 7 900 ATTACHMENT K ESIP GUIDELINES ENVIRONMENTAL PLANNING& HISTORIC PRESERVATION (EMP)COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal Environmontal Planning and H[storic Preservation (EHP)laws and requirements prior to initiation of the project-. 0 Now Construction, Installation and Renovation,including but not limited to; * Emergency Operation Centers * Security Guard facilities * Equipmont buildings(such as those accompanying communication towers) * Waterside Structures(such as dock houses,piers,etc.) * Placing a repeater and)or other equipment on an exLsting tower 9 Renovation of and modification to buildings and structures that are 60 years old or older 0 Any other construction or renovation efforts that change or expand the footprint of a ibcltlty or structure including security enhancements to improve perimeter security 0 Physicat Security Enhanoemends,iRoiuding biut not limited to; * Lighting * Fencing * Closed-circuit television (CCTV)systems * Motion detection systems * Barriers, doors,gates and related security en"noements; In addition,the erection of communications towers that are included in a jurisdiction's Intaroperabto communications plan Is allowed, subject to all applicable laws, regulations,and licensing provisions. Communioation tower projects must be submitted to FEMA for EH-P review. EHP SCREENING FORM SUSMISSION 1. For projects requiring EHP review,the Sub�Reciplent must submit the EHP Screening Form to the State AdmInistra.tive Agency(SAA)for review prior th fonds being expended, The SAA Point of Contact for EFI P review Is: Felicila Pinnock Bureau of Preparedness—Dgmestic.gecurity 25_�ur�nard Oak�So e�vard Jallghassee,Ebrida 323992100 Teleghom 850&1 _-4343 Fi2?licia.Pinndcki5em.myflprida.com III The SAA POC will forward EHP Screening Forms to DHS/FRMA for review and approval. Ill. Sub-Recipient's must r eeve written approval from the SAA prior to the use of grant funds ibr project implementation. THE PROJECT MAY NOT BEGIN UNTIL FINAL FEMA APPROVAL IS RECEIVED, 74 901 ATTACHMENT L REIMBURSEMENT CHECKLIST PLAMWN9 0 1, Does the amount billed by consultant Ladd up correctly? Z Has all appropriate documentation to denote hours worked been properly signed? ED 3. Have copies of all planning materials and work product(e,g. mWing documents,copies of plane) been included? (Note - If a meeft was held by Sub-Recipient or contractorlconsuttant of Sub. Recipient.,an agenda and sign-up sheet with meeting data 4. Has the zero dollar Invoice and signed from the consultant/contractor been inckide? 5. Has proof of payment been included? Canceled check,bank statement or transaction history(Showing the transaction waa processed by tho bank) Electronic Funds Transfer(EFT)Confirmation Credit Cast Statarnent&payment to credit card company for that statement 6. Has, Attachment Q (found within Agreement with Fr del) been completed for this contractor/consuttant and included In ft reimbursement package? 7. Has proof of purchase methodology been included? Please sae Farm 5 of Repsstgag Folms or Purchasing Basin Rttoohment If further ctaffly is needed, Sale Source(approved by FOEM for purchases exceeding$26,000) „ State Contract(page showing contract#,price list) Competitive bid results(mg.Quotewire,bid tabuiatlon page) utta C t orr.(Note, Il$ c o so. ar � lzatton MUM— f, is the course DHS approved? 2, Is there a ocurse or oatWog number? 3. If not,has Fn M approved the non-DHS training? 4. Have Sign-in sheets,fasters and Agenda been provided? , If billing for overttme and/or backOr has documentation been provided that fists attendee names, department,#of hours spent at training,hourly rate and fatal amount paid to each attendee? Have documente on from entity's financial system been provided as proof attendees were. paid? For backfill, has a clear deilneatfon/cross reference been provk1ed shouting who was backtflling who? 6. Have the names on the sign-in sheets been cross-referenced with the names of the Individuals for whom training reimbursement costs are being sought? 7, Have any expenditures occurred in support of the training such as printing costs, costs related to administering tho tra€€ning, planning, scheduling, facilities, materials and supplies, reproduction of materials,and equipment? If so,receipts and proof of payment must be submitted. '7S 902 Canceled check,bank statement or transaction history(Showing the transaction was processed by the bank) Eleotronic Funds Transfer(EFT)Confirmation Credit Card Statement&payment to credit card oampany for that statement 6. Has proof of purchase methodology been Included? Please see Foray 5 of Repo&hg Forms or Purchasing Basics Meohment If further darlty Is needed. Sole Source(approved by FDEM for purchases exceeding$26,000) State Contract(per showing oontraot#,price list) Competitive bid resins(e.g.C L"owlre,bid tabulation page) 9. Has documentation been provided on the purpose/objectives of the exercise? Situation Manual Exercise Plan 2. If exercise has been conducted are the following included: After-action report Sign-in shoots Agenda _.� Posters El 3. If billing for overtime and bacAIL has a spreadsheet been provided that lists attendee frames, department,#of hours spent at exerelse,hourly Wo and total paid to each a end ? Have documentation from entity's financial system been provided to prove attendees wrero paid? For back011, has a clear dellneation/oross reference been provided showing who was back filling who? 13 4, Have the names on the signAn shoots been cross-referenced with the names of the IndIvlduals for whom exercise reimbursement costs are being sought? Ej 5, Have any expenditures occun°ed on supplies(e.g„copying paper,glovea,tape,etc)in support of the exercise? If so,receipts and pry f of payment must be Included. Canceled check,bank statement or transaction history(Showing the transaction was processed by the bank) _- Electronic Funds'transfer(EFT)Confirmation Credit Card Statement&payment to credit card company for that statement El 6, Have any expenditures occurred on rental of space1locations for oxerolses planning and conduct, exercise s€gn% badges,etc.? If so,receipts.and proof of payment trust be Included, Canceled check,bank statement or transaction history(Showing the transaction was processed by the bank) Electronic Funds Transfer(EFT)Conffrnatlon Credit Card Statoment&payment to credit card company forth statement Ej 7. Has proof of purchase methodology been Included? Please see Fbrrn 5 of Raport#ng Forms or Purchasing Etas%s Machmom It ftrfher daddy Is needed We Source(approved by FIDEM for purchases exceeding$25,000) State Contract(page showing contract A prices list) Competitive bid results(e.g.Quotewire,bid tabulation page) EggLF MEN ED 1. Has the zero dollar Involve and signed from the consullantfcontractor been Include? El 2. Has an AEL#been Identlfled for each purchase? 76 903 E3 3. if servlceiwarranty expenses are fisted,are they only for the perfbrmance period of the grant? 4. Has proof of payment been Included? Canceled check,bank atatemont or transaction history(Showing the transaction was processed by the beak) Electronic Funds Transfer(EFT)Confirmatton Credit Card Statement&payment to credit card company for that statement 5, If EHP form needed,has a copy of the approval ISMS been included? 6. Has proof of purchase methodology been included? F'fease see Form 5 of Repoding Forms or FurchesIng Eaafcs Attachment if further cfarffy Is needed. Sale Source(approved by FDEM for purchases exceeding$25,000) State Contract(page showing contract#,price list) Competitive bid results(e.g.Quolowire,bid tabulation page) TftAVEL1CQWERg1VQES 1. Have all receipts been turned in,Itemized and do the dates on the receipts match travel dates? Airplane receipts Proof of mlisags(Goegle or Yahoo reap printout or mileage log) Tagil and/or Parking rmoelpts Hotel receipts(to there a zero balance?) Car rental receipts Registration fee recolpts Note, Macke sure that heals paid far by conference are riot Included In per diem amount El 2. If travel Is a conference has the conference agenda been included? Has proof of payment to traveler been Included? Canceled check,bank statement or transaction history(Showing the transaction was processed by the bank Electronic Funds Transfer(EFT)Confir€natlon Credit Card Staterrtent&payment to credit caret company for that statement Copy of paycheck if reimbursed through payroll SALE 1. Has a tegtnee tirnesheet by employee and supervisor been Included?Timesheet must certify the hours and la ormation presented as true and oorroct. 2. Has proof for time worked by the employee been included? Is Urns period summary Included? Statement of Earnings Copy of Payroll Chock Payroll Register For fusion otter analysts,have the certification documents been provided to the SAA to demonstrate compliance with training and experlence standards? C,QdY1ZA'f7 N 1. If billing for overtime and backMI, has a spreadsheet been provided that lists attendee names, department,#of hours spent of exerclse,hourly rate and total paid to each attendee? Have documentation from entlVa(Inanolal system been provided to prove attendees were paid? For backfill, has a clear delineation/crass reference been provided showing who was backfilling who? 77 904 EO k El 1. Have all relevant forms been completed and inciuded with each request for reimbursement(lncluding Dally Activity Reports for OP G)? El 2. Have the costs incurred been charged to the appropriate PO TE category? Ej 3. Does the total on all Forms submitted match? 4. Do all quotes and Invoices from the selected vendor provide a legible slgnature from vendor? S. Do all paid invoices show a$0.00 balance? 6, Has Reimbursement Form been signed by the Grant Manager and Financial Offtcer? 7, Has the reimbursement package been entered Into Sub-11soiplerits records/spreadsheet? S. Have the quantity and unit cost been.notated on Reimbursement BudgetBreakdown? ED g, If this purchase was made via Sole Source,have you Included the approved Sole Source documentation and justftication? 10, Do afl of your vendors have a current W-0(Taxpayer Identifffoatton)on fife? 11. Has the Attachment 0(found within Agreement with FDEM)or proof of SAMQov registration boon provided for the contractom1consuitants with the reirnburmement package. 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'n cc: ck. oc cy. .,i c ,c• :� a x w, 4 :". ° a� c &i ux cr a:. �1 U co w N Ln �r Ln a o Ln w w N r N N �N A`V t'v N ho N N CV N N N N O 27 O tl C] tl © Cti O C] tl C1 tl O N N N N N N N N N N N N N N a a w a nc a °a u °� ny ° a a a a iu Qj Ct o a 3 ° a w ° w, W w ° w ° w °, w flCr 0) to N lu GE v w C C b C cu m a 4ci E a cF E _ c a `c c c c c c Z w Z w w w w w a c a a a C A O b O LS G 9 C: 0 O c is fil a cn en co m a c a a c a a a a a a a a a a a rya' aaa. a u tm Ix a a o M o � o$ ca p Ln LD O tl� eH i/1• a. Z �y U V' m q U 4Vt q p Ie OQI�y[ xIjO w h 4 W u uca y c s cc, c tr, fi o a e ac a a m n m cfii F+ W a c a v ❑ w � m ° a r — � qa T Ee � m a a � v fi ,G +' n E a Vb a °emu N "` ems • 1x o0 a n y o '� o •4 � � � � � a n �; •n m e ,ate, o, ° 'es a � y :: � o � � o• a .a � s 3 a N v U " •` U �` 4 C b N �.. C ice•' +, p, c a a m m fi o ° a v e o' o y ,o s k V° r a v `� •A ?, 1, aW, a, � u V CA G u n k 3: 'n w A to � ev N J+ it a 51 4IU �i N V V G r 3 w °' a ❑ 4 K 3 y° °' a m v a W �c k W C ¢ fi C C � � N O, 4 C P• C R Q x� W W k� W ti W W W a a IU a o 0 0 0 o a o S, 'in a a 'a a. z � a a � _ � ® ƒ/ a � � \ � � « . e MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2022 "Jurisdiction" Agreement Number: R0588 FAIN Number: EMW-2022-SS-00029-S01 CFDA#: 97.067 This Agreement is entered into this_day of 2023, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and (the"Participating Agency"). RECITALS WHEREAS, the U.S. Department of Homeland Security (USDHS) is providing financial assistance to the Miami urban area in the amount$14,012,500 dollars through the Urban Area Security Initiative(UASI) Grant Program 2022; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 2022; 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 2022 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2022 Urban Area has been defined Miami and Ft. Lauderdale collectively and anticipates sub-granting a portion of the UASI funds in accordance with the grant requirements; and WHEREAS, the City Commission, by Resolution No. , adopted on 20.23 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: t 915 I. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASI Grant Program 2022 which was made available by the U.S. Department of Homeland Security and the State of Florida Division of Emergency Management(FDEM). B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring Agency. II. SCOPE A. The provisions of this Agreement apply to UASI Grant Program 2022 activities to be performed at the request of the federal government, provided at the option of the Sponsoring Agency,and in conjunction with, preparation for, or in anticipation of, a major disaster or emergency related to terrorism and or weapons of mass destruction. B. No provision in this Agreement limits the activities of the Urban Area Working Group or its Sponsoring Agency in performing local and state functions. Ill, DEFINITIONS A. Critical Infrastructure: Any system or asset that if attacked would result in catastrophic loss of life and/or catastrophic economic loss management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. S. Core County: The County within which the care city is geographically located. The core city is the City of Miami. C. UASI Grant Program 2022: The UASI Grant Program 2022 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 2022 was appropriated by U.S. Congress and is authorized by Public Law 108-11, the Emergency Wartime Supplemental Appropriations Act, 2003, The funding will aid in building an enhanced and sustainable capacity to plan, prevent, protect, mitigate, respond to, and recover from threats or acts of terrorism for the selected urban areas. D. National Incident Management System (NIMS): This system will provide a consistent nationwide approach for federal, state, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To 2 916 provide for interoperability and compatibility among Federal, State, and local capabilities,the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command and training. E. Urban Area Working Group (UAWG): The State Administrating Agency Point of Contact (SAA POC) must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identify POCs from these jurisdictions to serve on the Urban Area Working Group, The Urban Area Working Group will be responsible for coordinating development and implementation of all program elements, including the urban area assessment, strategy development,and any direct services that are delivered by the grant. F. Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and county/counties, or with which the core city or county/counties have established formal mutual aid agreements. IV.SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which 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#1". G. Ensuring satisfactory progress toward the goals or objectives stipulated in"Exhibit#1". H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit#1". 3 917 I. Submitting required reports. V. THE PARTICIPATING AGENCIES SMALL 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#V. C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct purchases of equipment or services as stipulated in "Exhibit#1". D. Complying with all UASI Grant Program 2022 requirements as stipulated in "Exhibit#1". E. Participating as a member of the Urban Area Working Group to include coordinating with and assisting the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide development of an Urban Area Stakeholder Preparedness Review. F. Ensuring the participation of the following critical players in the assessment and Stakeholder Preparedness Review development process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health. G. Assisting the sponsoring agency in development of a comprehensive Urban Area assessment and Stakeholder Preparedness Review. H. Complying with the requirements or statutory objectives of federal law as stipulated in"Exhibit#1". I. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit#1". J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in"Exhibit##1". K. Maintaining an equipment inventory of UASI purchased items. L. Ensure that equipment obtained from the UASI Grant Program 2022, as identified in "Exhibit #2", is readily available for use by personnel trained to use such equipment for actual emergencies, special 4 918 events or exercises. Also, ensure that such equipment is readily available for onsite monitoring by DHS, FDEM, and the Sponsoring Agency. If the Participating Agency is incapable of staffing the equipment, such equipment shall be made available to another Participating Agency for use during any actual emergencies, special events or exercises. Failure to ensure equipment availability may result in loss of funding and/or equipment to the Participating Agency. M. All equipment obtained from the UASI Grant Program 2022, 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. Vf.THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely by the Sponsoring Agency. B, The Participating Agencies will provide financial and performance reports to the sponsoring agency in a timely fashion. The Sponsoring Agency will prepare consolidated reports for submission to the State of Florida as stipulated in"Exhibit 1°. C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel. D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28, Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a municipality, state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement or any other contract. E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency. VII. FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $750,000 or more of Federal funds during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the U,S. General Accounting Office Government Auditing Standards and 2 CFR 200. S 919 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 2022 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 10 . 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". lull.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. 6 920 E. This Agreement will end on June 30, 2024, unless otherwise extended, by a written amendment duly approved and executed prior to June 30, 2024, 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. 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