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Item C14 C14 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting May 15, 2024 Agenda Item Number: C 14 2023-2486 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Shannon Weiner AGENDA ITEM WORDING: Approval of a UASI (Urban Area Security Initiative) FY 2023 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 R0924, in the amount of $264,836.00, 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 2023, to the City of Miami in the amount of$13,802,313.00. 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. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: 385 FY 2023 UASI R0924 fully_executed - Exhibit I.pdf 2023 UASI Budget- Exhibit 2.pdf UASI-2023—MOA---1Vlonroe.pdf FINANCIAL IMPACT: N/A 386 aN 01 g CITY OF MIAMI DOCUMENT ROUTING FORM d� V" ORIGINATING DEPARTMENT: Fire-Rescue DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672 NAME OF OTHER CONTRACTUAL PARTY/ENTITY. "State of Florida Division of Emergency Management"' IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES N NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES 0 NO TYPE OF AGREEMENT: MANAGEMENT AGREEMENT F1 PUBLIC WORKS AGREEMENT PROFESSIONAL SERVICES AGREEMENT ❑ MAINTENANCE AGREEMENT GRANT AGREEMENT INTER-LOCAL AGREEMENT" ❑ EXPERT CONSULTANT AGREEMENT ❑ LEASE AGREEMENT ❑ LICENSE AGREEMENT PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY To execute FY 2023 Urban Area Security Initiative ("UASI") and Memorandum of Agreement(MOA's). COMMISSION APPROVAL GATE: 2/22/2024 FILE III: 15350 ENACTMENT NO.: 24-007I IF THIS DOES NOT REQUIRE COMMISSION APPROVAL,PLEASE EXPLAIN: .a„ 1 #1IT �II ,liwlllll� CIIMI Date PLEASE PRINT AND SIGN PRINT:Tyrone aAi9ned by: APPROVAL BY DEPARTMENTAL DIRECTOR February 23, 2024 1 1.2:57:5 ,dyu SIGNATURE: PRINT:ANN APURA IARPE SUBMITTED TO RISK MANAGEMENT' February 23, 2024 1 13:00: 5 SIGNATURE: !I, ,� PR_fNT: VICT Xk E ms SUBMITTED TO CITY ATTORNEY March 7, 2024 1 16:57:25 ES G , SIGNATURE: PRINT: APPROVAL BY ASSISTANT CITY MANAGER SIGNATURE: PRINT: ART NORIELJA RECEIVED BY CITY MANAGER March 11, 2024 1' 09:43:30 T °°cuS'gnedby: fiIw w SIGNATURE: PRINT: 1) ONE ORIGINAL TO CITY CLERK, SIGNATURE: 2) ONE COPY TO CITY ATTORNEY'S OFFICE, PRINT: SIGNATURE: 3) REMAINING ORIGINAL(S)TO ORIGINATING PRINT: DEPARTMENT SIGNATURE: PLEASE ATTACH, THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION SY THE CITY MANAGER 387 AGENDA ITEM SUMMARY FORM File ICE: #1 350 Date: 01/08/2024 Requesting Department- IDepgg ment of Fire- Rescue Commission Meeting date: 02I22d20 4 Sponsored By: District Impacted: All Type: Resolution Subject: ecial Revenue Pro ect- UAS1 grant F roc yarn FY 2023 Purpose of Item: Resolution to establish a Special Revenue Project entitled "Urban Area Security Initiative ("UASI") Grant Program F"Y 2 123a", appropriating funds in the amount of $13,802,313.00 received from the Department of Homeland Security„ through the State of Florida, and authorizing the City Manager to execute Memoranda of Agreements with contiguous partners„ outlining their responsibilities in connection with their support of the UASI Project administered by the Department of Fire-Rescue (Fire'„), Further authorizing the City Manager to approve the creation and subsequent hiring of 2 civilian administrative personnel to assist Fire with managing the UASI Grant Program. Background of Item: The Department of Fire-Rescue ("Fire"), through its Division of Emergency Management ("DEM")„ serves as the lead agency of the Miami Region, from Monroe to Palm Beach Counties, for the Department of Homeland Security's Urban Area Security Initiative ("UASI„") Grant. Program ("Program"). The Department of Homeland Security ("DHS"), through the State of Florida, Division of Emergency Management„ has sub-granted the Program for fiscal year 2023 to the City of Miami and over twenty (20) other contiguous partner agencies ("Partners",) in the amount of $13,802,313. 4, which targets DHS funding i to "high threat" urban areas in order to prevent, respond to, and recover from threats or acts of terrorism and other disasters of natural or man-made origin. These funds will be used, as stipulated by the grant, for the purchase of specialized equipment, to conduct exercises„ training, and administrative services, and for the development of the Urban Area Homeland Security Strategy, and other planning activities, needed to ensure a successful program. Additionally, to effectively manage the Program and ensure that both the City of Miami and its Partners maintain compliance with the Program's strict grant requirements to not put the grant at risk, DEM intends to add two (2) administrative support personnel whose salaries and wages shall be 1 0% funded by said Program. Lastly, the City Commission authorizes the City Manager to execute Memoranda of Agreements with the following Partners: Broward County Emergency Management, Broward County Sheriffs Office, the City of Coral Gables, the City of Coral Springs, the City of Fort Lauderdale, the City of Hialeah, the City of Hollywood, the City of Miami 388 Beach, the City of Miami Gardens, the City of Miramar, the City of Pembroke Pines, the City of Sunrise, Miami-Dade County (Fire, Police and Emergency Management), Monroe County (Fire, Police and Emergency Management), Palm Beach County Emergency Management, Palm Beach County Sheriffs Office, the Village of Key Biscayne, and regional projects shared across the entire region that include the members listed above as well as Florida Department of Law Enforcement, setting forth the parties' responsibilities in connection with the development and support of the Program. Budget Impact_Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $13,927,468.47 Start Up Capital Cost: $13,802,313.00 Special Revenue Account No: 11100.189000.43_1.000.0000.00000 (Grant) 11100.189000.512000.0000.00000 (Salaries I 1100.189000.521000.0000.00000_(F ICAO Reviewed By Department of Fire-Rescue Ty McGann Fire Department Review Completed 01/08/2024 1:02 PM Department of Fire-Rescue Johnny Duran Fire Budget Review Completed 01/08/2024 1:26 PM Department of Fire-Rescue Eloy Garcia Fire Chief Review Completed 01/09/2024 7:21 AM Office of Management and Budget Pedro Lacret Budget Analyst Review Completed 01/09/2024 11:21 AM Office of Management and Budget Marle Gouin Budget Review Completed 01/16/2024 7:30 PM City Manager's Office Arthur Noriega V City Manager Review Completed 01/1 612024 7:31 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 01/1 612024 7:47 PM Office of the City Attorney Juan Carlos Perez ACA Review Completed 02/06/2024 6:36 PM Office of the City Attorney Victoria M6ndez Approved Form and Correctness Completed 02/0712024 9:45 AM City Commission Nicole Ewan Meeting Completed 02/22/2024 9:00 AM 389 City of Miami City Hall Leg 3500 Pan American Drive islation: Miami,FL 33133 Resolution www,miami�gov.com Enactment Number: R-24-0071 File Number: 15350 Final Action Da7te:2/22/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2023"; APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME BY THE CITY OF MIAMI ("CITY") DEPARTMENT OF FIRE-RESCUE ("FIRE"), IN THE AMOUNT OF $13,802,313.00, CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ("DHS") THROUGH THE STATE OF FLORIDA'S DIVISION OF EMERGENCY MANAGEMENT ("FIDEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND EXECUTE THE SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD;AUTHORIZING THE CITY MANAGER TO EXTEND THE FISCAL YEAR 2023 UASI GRANT PROGRAM, AS NECESSARY AND TO EXECUTE ANY AND ALL OTHER RELATED MODIFICATIONS, AMENDMENTS, AND EXTENSIONS ON,ALL MATTERS, EXCEPT THOSE DEALING WITH FUNDING CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSES PURSUANT TO THE UASI GRANT GUIDELINES;AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENTS) WITH ITS CONTIGUOUS PARTNERS SETTING: FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY CITY'S FIRE CONTINGENT UPON FUNDING OF THE PROJECT BEING SECURED;AUTHORIZING THE CITY MANAGER TO APPROVE THE CREATION AND SUBSEQUENT HIRING OF ONE (1) GRANT FUNDED SENIOR BUDGET AND FINANCIAL SUPPORT ADVISOR AND ONE (1) GRANT FUNDED SPECIAL PROJECTS ASSISTANT IN FIRE,AS REQUIRED PURSUANT TO RESOLUTION NO. R-23-0448 ADOPTED IDECEMBER 11, 2023, AND SUBJECT TO THE LIMITATIONS AND REQUIREMENTS SET FORTH IN RESOLUTION NO. R-22- 0230; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST,AMEND, AND APPROPRIATE THE FISCAL YEAR 202�3-2024 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN,AND MULTI-YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED,AND APPLICABLE IN ORDER TO CREATE SAID POSITIONS FOR FIRE; RATIFYING,APPROVING,AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS,ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Homeland Security ("DHS') is authorized!, pursuant to the Emergency Wartime Supplemental Appropriations Act of 2003„ to provide funds to states for subsequent distribution to selected urban areas to address the unique equipment, 390 training, planning, exercise, and operational needs for large urban areas and to assist states in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the DHS, through the State of Florida's Division of Emergency Management ("FDEM"), approved the City of Miami ("City") Department of Fire-Rescue ("Fire")to receive a subgrant award for the Urban Area Security Initiative ("UASI") Grant Program ("Program") for Fiscal Year(TY") 2023, in the amount of$13,802,313.00 ("Grant"); and WHEREAS, as the lead agency, the Fire is responsible for the overall administration of the Program which includes over twenty (20) other contiguous partner agencies ("Partners"); and WHEREAS, Fire will use the Grant to continue to address the unique equipment, training, planning, exercise, and operational needs of the City and its Partners and continue to build an enhanced and sustainable operations capacity to prevent, respond to, and recover from threats or acts of terrorism ("Project"); and WHEREAS, in accordance with the FY 2023 Program, the attached Memoranda of Agreements ("MOAs") with the Partners of the City, including Broward County Emergency Management, Broward County Sheriffs Office, the City of Coral Gables, the City of Coral Springs, the City of Fort Lauderdale, the City of Hialeah, the City of Hollywood, the City of Miami Beach, the City of Miami Gardens, the City of Miramar, the City of Pembroke Pines, the City of Sunrise, Miami-Dade County (Fire, Police and Emergency Management), Monroe County(Fire, Police and Emergency Management), Palm Beach County Emergency Management, Palm Beach County Sheriff's Office, the Village of Key Biscayne, and the Florida Department of Law Enforcement (collectively"Contiguous Partners"), will set forth the Partners' necessary guidelines and responsibilities in connection with the coordination, development and support of the FY 2023 UAS1 Program administered by Fire and will permit the City to reimburse its Partners for their eligible expenditures that are compliant with the Project and subject to available funding from the Grant; and WHEREAS, over recent years, the administration of the Grant awarded to the Program has more than doubled without any increase in Fire's staffing; and WHEREAS, Fire is in need of administrative support personnel to effectively manage the Program and ensure that both the City and its Contiguous Partners maintain compliance with the Program's strict requirements and obligations pursuant to the subgrant agreement; and I WHEREAS, on September 23, 2021, the City Commission adopted Resolution No. R- 21-0402 approving the General Fund Budget for the City for the Fiscal Year beginning October 1, 2021, and ending September 30, 2022 ("Fiscal Year 2021-22") in the amount of $877,301,000 and the total Budget for all non-capital funds in the amount of$1,368,052,000 (collectively, "Adopted Budget"); and WHEREAS, on October 1, 2021, pursuant to Resolution No. R-21-0408, the City Commission modified and amended the City's Adopted Budget and the Capital Plan for Fiscal Year 2021-22 as follows: (1) notwithstanding the language in Resolution No. R-21-0402, including but not limited to the language in Section 16 of Resolution No. R-21-0402, in order for the creation of or change in temporary or permanent positions in Fire to be effective, the City Commission must first confirm the creation or change of such positions by an affirmative vote, and (ii) requiring that, notwithstanding anything in Resolution No. R-21-0402 or the Capital Plan to the contrary, an affirmative vote of the City Commission is required prior to any and all movements of monies that are different from the line item-budgets' approved amounts as 391 adopted on September 13, 2021 for the Capital Plan and as adopted on September 23, 2021 for Resolution No. R-21-0402, for the departmental budgets of Fire; and WHEREAS, pursuant to the City Commission's directives in Resolution No. R-23-0448, adopted December 11, 2023, and the limitations and requirements set forth in City Commission Resolution No. R-22-0230, Fire gooks approval to create and subsequently-hire two 2 new- civilian positions consisting of one(1) Grant Funded Senior Budget and Financial Support Advisor and one (1) Grant Funded Special Projects Assistant ("Positions") to better assist Fire with the administration of current and future grants awarded by the Program; and WHEREAS, the salaries and wages of the Positions shall be completely funded by the Program; and WHEREAS, it is in the best interests of the City to authorize the City Manager to make any and all necessary changes to adjust, amend, and appropriate the City's Operating Budget, Five-Year Financial Plan, Strategic Plan, and Capital Plan regarding City services and resources as necessary, legally allowed, and applicable in order to create and hire the ___-� Positions; and WHEREAS, it is also in the best interests of the City to ratify, approve, and confirm certain necessary actions of the City Manager and designated City departments to update the relevant financial controls, project close-outs, accounting entries, and computer systems; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The following new Special Revenue Project is established, and resources are appropriated as described below: FUND TITLE: Urban Area Security Initiative ("UASI") Grant Program Fiscal Year 2023 RESOURCES: Department of Homeland Security ("DHS") $13,802,313.00 through the State of Florida Division of Emergency Management ("FDEM") APPROPRIATIONS: $13,802,313.00 Section 3. The City Manager is authorized' to accept the Grant, to execute the subgrant agreement, in substantially the attached form, for the Project and authorized' to negotiate and execute any and all other necessary documents, all in forms acceptable to the City Attorney, in order to implement the acceptance of and compliance with the Grant. Section 4. The City Manager is further authorized' to extend the FY 2023 Program, as necessary and to execute MOA with the Contiguous Partners for the purpose of setting forth the Partners' responsibilities in connection with the development and support of the FY 2023 Program administered by Fire, contingent upon funding of the Project being secured. Section 5. The City Manager is authorized'to approve the creation and subsequent hiring of two(2) new civilian positions in Fire consisting of one (1) Grant Funded Senior Budget and Financial Support Advisor and one(1) Grant Funded Special Projects Assistant, as required 392 pursuant to Resolution No. R-23-0,448 adopted December 11, 2023, and subject to the limitations and requirements set forth in Resolution No. R-22-0230, Section 6. The City Manager is authorized' to make any necessary changes to adjust, amend, and appropriate to the Fiscal Year 2023-24 operating budget, five-year financial plan, strategic plan, and multi-year capital plan regarding City services and resources as necessary, legally allowed, and applicable in order to create and hire said positions for Fire. Section 7. Certain necessary actions by the City Manager and the designated City departments to update the relevant financial controls, project close-outs, accounting entries, and computer systems are hereby ratified, approved, and confirmed. Section 8. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: .)-e= A At or i- t ria4 ez, it tt mey 2/7/2024 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 393 THE CITY OFK4|AM|' amunicipal Corporation nf the State ofFlorida ATTEST: DomuSigmedby: oocuSigned by� By:\~~~�� -- By: F9 Todd B. Hannon ArthorNoriega City Clerk City Manager APPROVED ASTO FORM AND APPROVED ASTOINSURANCE CORRECTNESS, REQUKREK4ENT5 w� on "��s/m FrOUA�uw. Eix �Vtlt'� 577gC1.1,�A11 89 1 A F7 By: By: Vio1oriaM6ndez Anm-Mari�e Sharpe, Director City Attorney Department of Risk Management Counterparts and Electronic 88vatures�TMs Agreement may be executed in any number ofcounterparts, each of which so executed shall be,deemed^o bean original, and such counterparts sbeU together constitute but one and the same Agreement. The part�*a ohaP be entitled to a[Qn and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other emad transmission),which s�gnature shall be binding on the party whose name is contained therein,Any party providing an electronlc signature agrees to promptly execute and deliverto the other parties em original,signed Agreement upon request, 394 LO M 0 0 0 0 ro ni 14 H m m N N O O oc 00 M M N Q Ul 7 m 5 N w O[V LL 7 W � w E } LnId f6 6 q] Q o a N � z D (D D ill z O LL! F ate. A Q ac z rA a W a Agreement Number: R0924 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT FA §200A states that a"subaward me be provided through any form of legal agreement,including an agreement that the pass-through entity considers a contract." As defined by 2 C-r.R.§200.1,"pass-through entity"means"a non-Federal entity that provides a subaward to a Sub-Nociplent to carry out part of a Federal program." As defined by 2 C.F.R.§200.1,"Sub-Reelpient"means"a non-Federal entity that receives a subaward from a pass-through entity to carry out part pf a Federal award." As defined by2 C.F.R.§200.1,'Federal award"means"Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." ---.. ..._. _. ._—.. ._ _ .;4s�afined-by 2 C:F:R.-§200-1�"au���+ard"m�ans"ari award prQvidecf by apass-through entity#o a 5ub- Recipient for the Sub-Rociplent 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.§204,332: Bub-Recipient's name: f 141AWIire Resque Sub-Recipient's unique entity Identifier: 072220791 Federal Award Identifloation Number(FAIN): EMW-2023-S5-04056-50j Federal Award Date. 12023—08/31/2026 _ Suboward Period of Performance Start and End Date: C3Q 0913Q!I Q25,_„ _ Budget Period Start and End Date: 91112023,W„Q§f.391202§ Amount of Federal funds Obligated by this Agroement: $13 02,A1.3,00. „— Total Amount of Federal Funds Obligated to the Sub•Rectpient by the pass-through entity to Include this Agreement $50,$11,SA6,44 � Total Amount of the Federal Award committed to the Sub-Reciplent by the pass-through entity: Federal award projectdescription(see FFATA): See t Articles Name of Federal awarding agency: Dep, of Homeland Qgourity Name of pass-through entity: "vioionof r:meMgn_QY Momt. Contact information for the pass-through entity, Kayin Guthrie. o and Oak Roulevei Tallahassee,I"lorida U3Q0 Assistanoe Listings Number and Title 97MQ�7-Nomelend.3acgrity ra Pr * q Whether the award Is R&D, ,.. . w Indirect cast rate for the Federal award: 1.90% 1 396 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,with headquarters In Tallahassee, Florida(hereinafter referred to as the"DIvlslon"), and City of Mlliami Fire Rescue, (hereinafter referred to as the"SubvReclpient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a federal award, and the Sub-Recipient serves as the recipient of a subaward. THI5 AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS; A. The Sub-Recipient represents that It is fully qualified and eligVe to receive these grant funds to provide the services Identified herein; E. The State of Florida received these grant funds from the Federal Government,and the [division ties the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. TH- REFORE,the Dlvlsion and the Sub-Recipient agree to the following: (1 y APPLICATION OF STATE t A1�(TO THE AGREEMENT 2 O,F.R,§200,302(a)provides:"Each state must expand and account for the Federal award In accordance with state laws and procedures for expending and accounting.for the states own funds. .." Therefore, section 216.971, Florida Statutes,entitled"AgreemanN funded with federal or stete assistance,"applies to this Agreement. (2) L.AWS._._RUl ES, REG.ULA�'.QW1I1V P S a. The Sub-Reciplent's performance Lander this Agreement is subject to 2 C.F.R. Park 200,entitled "Uni-otm Administrative rRequirfaments,Cost Principles,and Audit Requirements for Federal Awards," b. As required by Section 295,971(1), Florida Statutes,this Agreement Includes: 1. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Reciplent is required to perform, ii. A provision dividing the agreement into quantifiable units of dellverables that Must be received and accepted In writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the Criterfa for evaluating the successful comptetlon of each de'sverabte. ill, A provision specifying the financial consequences that apply if the Sub- Recipient falls to perform the minimum level of service required by the agreement. IV. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from oblilgations incurred during the speared agmeemKt period, v. A provision specifying that any balance of unoWlgated funds which has been advanced or paid must be refunded to the Division. 397 A. A provisfcn specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing,the Sub»Recipient and the Division shall be governed by all applicable State of Florida and Federal laws, rules and regulations, including those identified In Attachment D. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) QON16CT a, In accordance with section 215.971(2)(a)1, Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient, The Grant Manager for the Division shall: 1. Monitor and document Sub-Raalpient performance;and, il. Review and document all deliverables for which the Sub-Recipient requests payment,.... —_._. __. ... . ... ... . . . .. _. ._ _ ._ b. The Division's Grant Manager for this Agreement is; da den ii 2LBUA ttm. rid OaKPoUlevard 'Wjgjhaasee, Florida Fels.R11one: 66g:815-4342 Email. Chanda,,gnkjnsflem.mvflo "d�,cam c. The name and address of the Representative of the Sub-R66pient responsible for the administration of this Agreement is: Asst" Fire Chief Adrian Plasen i 444 SW 2nd Avenue, IOth Floor Miami, FL 33130 Telephone: 306-416-5402 Fax: 305416-4666 _ Email, Aplar>onoia@minrnigoy.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative shall be provided to the other party. (4) TERMS AND CONq IM This Agreement contains all the terms and conditions agreed upon by the partias, 3 398 This Agreement may#)e executed in counterparts, each of which shall be an Original and all of which shall constitute but one and the same instrument. This Agreement shall be signed by the Sub-Reelplent and returned to the Division for execution no later than forty-five(45)days following initlel notification of raceipt. Failure to return the signed agreement by the deadline may result in termination of the grant award, (6) I1 IC T! N Either party may request modification of the provisions of this Agreement, Changes which are agreed upon shall be valid only when In writing, signed by each of the parties,and attached to the original of this Agreement. Subreciplents may initiate a one-time extension of the period of performance by up to six (6)months unless one or more of the conditions outlined in (1)through(Ili)of this section apply. For one- time extensions,the subrecipient shall notify the Division in writing with the supporting reasons and revised period of paifofmance at least one hundred eighty(160)calendar days before the end of the period of performance.This one-time extension shall not be exercised merely for the purpose of spending down the award balance. Extensions require explicit prior Division approval when: (i)The terms and conditions of the federal award prohibit the extension, (ii)The extension requires additional federal funds. (ill)The extension involves any change in the approved objectives or scope of the project. (7) ,$,C PE[ FMF f(. The Sub-Recipient shall perform the work In accordance with the Budget and Scope of Work,Attachments A and B of this Agreement. (8) FBI b OF AaBEL=. This Agreement shall begin upon execution by both parties and shall end September 30, 2026 unless terminated earlier in accordance with the provisions of Paragraph (17)of this Agreement. Consistent with the definition of"period of performance"contained in 2 C.F.R. §204,1,the term"period of agreement"refers to the time during which the Sub-Recipient"may incur new obligations to carry put the work authorized under"this Agreement, In accordance with 2 C.F.I . §200A,the Sub-Reolpient may receive reimbursement under this Agreement only for"allowable costs incurred during the period of performance." In accordance with section 215,971(1)(d), Florida atatutss, the Sub,Reciplent may expend funds atithorized by this Agreement"only for mlowabfe costs resulting from obligations incurred during" the period of agreement. A, This Is a cost-reimbursement agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Loglslature,and subject to any modification in accordance with either Chapter 216, Florida Statute%,or the Florida Constitution, 4 399 c, The Division shall reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined In Attachment A and B of this Agreement("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is$13,802,313.00. d. As required by 2 C.F.R.§200,416(a), any request for payment under this Agreement shall include a certification, signed by an official whajs g horized_to_feially bind the Sub-Reoio€eat, 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 rece€pts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information,or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,false statements,false claims or otherwise. (U,S, Code Title 18, Section 1001 and Title$1, Sections 3729-3730 and 3801-3812)," e, The Division shall review any request for reimbursement by comparing the — documentation-provided-by-the Sub-Recipient-against a-perrformance measure,outlined in Attachment-R, - - - --------- that clearly dellnestes: i. The required minimum acceptable level of service to be performed; and, €€. The criteria for evaluating the successful completion of each deliverable. f. the performance measure required by section 216,971(1)(b), Florida Statutes, remains consistent with the requirement for a"performance goal',which Is defined in 2 O.F.R. §200.1 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.§ 200.329, that the Division and the Sub-Recipient"relate financial data to performance goals and objectives of the Federal award." g, If authorized by the federal awarding agency, then the Division shall reimburse the Sub-recipient for overtime expenses In accordance with 2 G.F.R. §200.430 ("Compensation—personal services")and 2 C.F.R. §200,431 ("Compensation fringe benefits"). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, Illness,failure of the employer to provide sufficient work, or other similar cause(see 29 U.S.C. § 207(e)(2)),then the Division shall treat the expense as a fringe benefit, 2 C.F.R, §200.431(a)defines fringe benefits as"allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub-Reelplent. 2 C,F.R. §200.431(b)provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave,family-related leave, sick leave, holidays, court leave,military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: €. They are provided under established written leave policies; 5 400 I1. The oosts are equitably allocated to all related activities, including federal awards; and, Ili. The accounting basis(cash or accrual)selected for coSting each type of leave is consistently followed by the non-federal entity or specified grouping of employees. h, If authorized by the federal awarding agency,then the Division shall reimburse the Sub-Recipient far travel expenses in accordance with 2 G.F,R, §200,476. Reimbursement for travel shall be In accordance with section 112.061, Florida Statutes,which includes submission of the ciaim on the approved state travel voucher, If the Sub-Reclpient seeks reimbursement for travel costs that exceed the amounts-stated In sectloti 112.061(6)(b),Florida Statutes(%for breal fast,$11 for tumh,and$19 for dinner), then they Sub Recipient shall provide documentation that: 1. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recip lent in Its regular operations as a result of the Sub-Recipient's written travel pollcyi and, It. Participation of the individual in the travel is necessary to the Federal award. I. The division's grant manager,as required by section 215,g71(2}(0),Fiorlda Statutes, shall reconcile and verify all funds recelved against al funds expended during the grant agreement period and produce a final reconciliation report. The final report shall Identity any funds paid in excess of the expenditures Incurred by the Sub-Reclpient. J. As defined by 2 0.F.R. §200.1,the term°improper payment"means or includes: i, Any payment that should not have been made or that was made in an Incorrect amount(including overpayments and underpayments)under statutory, contractual, administrative, or other legally applicable requirements;and, ll, Any payment to an ineligible party, any payment for an ineligible good or service,any duplicate payment, any payment for a good or service not received(except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whother a payment was proper. k. Any advance payment under this Agreement Is subject to section 216.181(16), Florida Statutes. All advances are required to be halts in an interest-bearing account and may not exceed fifty percent of the grant award. If an advance payment Is requested,an estimated expense table and justification statement shall be included with this Agreement as Indicated in Attachment E,Justification of Advance Payment,Attachment E steal[specify the amount of advance dlshufsemont requested and provide an explanatlon of the necessity for and proposed use of the funds, (10)BEQQRPS a, As required by 2 G,F.R.§200,337, the federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division,or any of their authorized representatives, shalt enjoy the right of access to any documents, papers,or other records of the Sub-Recipient which are pertinent to the Federal award, In order to make audits,examinations, excerpts, and tranachpts. The right 6 401 of access also includes timely and reasonable access to the Sub�Rociplent's personnel for the purpose of Interview,and discussion related to such documents, Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. ---_ . b. As required by sections 20,055(6)(p)and 296.97(5)(b), Florida.Statutes,the division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents,financial statements, papers, yr other records of the Sub-Recipient which are pertinent to this Agreement, In order to make audits, examinations, excerpts, and transcripts. The right of access also Includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by 2 C.F.R. §200,334,the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agroement, as wall as the compliance of all subcontractors or consultants paid from funds under this Agreement for a period of three (3)years from the date of submission of the final expenditure report. The following are the only exceptions to the three(3)year requirement: Financial records,-supporting documents; statistical records,--and all other non-federal entity records pertinent to a federal award shall be retained for a period of three(3)years from the date of submission of the final expenditure report or,for federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the federal awarding agency or pass-through entity in the case of a Sub-Recipient,federal awarding agencies and pass-through entities shall not impose any other record retention requirements upon non-federal entitles, 1. If any litigation,claim,or audit is started before the expiration of the three(3)year period,the records shall be retained until all litigation, claims,or audit findings involving the records have been resolved and final action taken. H. When the non-federal entity is notified in writing by the federal awarding agency,cognizant agency for audit, oversight agency for audit,cognizant agency for indirect costs, or peas-through entity to extend the retention period. iii. Records for real property and equipment acquired with federal funds shall be retained for three (3)years after final disposition, iv. When records are transferred to or maintained by the federal awarding agency or pass-through entity,the three(3)year retention requirement is not applicable to the non-federal entity. V. Records for program income transactions after the period of performance, In some cases, recipients shall report program income after the period of performance, Where there Is such a requirement, the retention period for the records pertaining to the earning of the program Income starts from the end of the nonfederal entity's fiscal year In which the program Income Is earned. vi. Indirect cost rate proposals and cost allocations plans.This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cast allocation plans, and any similar accounting computations of the rate at which a particular 7 402 group of costs Is chargeable(such as computer usage chargsback rates or composite fringe benefit rates). 1. if submitted for negotiation. If the proposal,plan, or other computation is required to be submitted to the federal Government(or to the pass-through entity)to form the basis for negotiation of the rate, then the three(3)year retention period for its supporting records starts from the date of such submission, 2. If not submitted for negotiation. If the proposal, plan,or other computation is not required to be submitted to the federal Government(or to the pass-through entity)for negotiation purposes,then the three(3)year retortion period for the proposal,plan,or computation and its supporting records starts from the end of the fiscal year(or other accounting period)covered by the proposal, plan,or other computation. d, in accordance with 2 C.F.R. §200.335,the federal awarding agency shall request transfer of certain records to its oustody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. However, in order to avoid duplicate recordkeeping,the federal awarding agency may make arrangements for the nonfederal entity to retain any records that are continuously needed for joint use. e, In accordance with 2 G.F.R.§200,3$6,the Division shall always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted,then the Division shall not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic med-la provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C,F'.R, §200.303(e),the Sub-Reciplent shall take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g, Section 2.86,011, Florida Statutes(Florida's Government in the 5unshlne Law), provides the citizens of Florida with a right of access to governmental prooeedings and mandates three, basic requirements: (1) meetings of publio boards or commissions shall be open to the public; (2) reasonable notice of such meetings shall be given; and (3)minutes of the meetings shall bo taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, Section 286,011, Florida Statutes(Florida's Government in the Sunshine Law),also applies to private entitles that provide services to governmental agencies and that act on behalf of those agencies in the agencies'performance of their publlc duties, If a public agency delegates the performance of Its public purpose to a private 8 403 entlty, then,to the extent that private entity is performing that public purpose, Section 288,011, Florida Statutes,the Government in the Stamm Law applies. For example,it•a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with publ€c funds,then Section 296,011,,Florida Statutes, (Government in the Sunshine Law) applies to board - of directors for that volunteer fire deg art no . Thus,to the a tent that the 3overnrrient in the Sunshiny Law applies to the Sub-Ra iplent based upon the funds provided under this!Agreement,the meetings of the Sub-Reolplernt's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements, These meetings shall be publicly noticed,open to the public, and the minutes of ail the meetings shall be pubilo records,available to the publio in accordance with chapter I10,Florida 5tat1Jfies. h, Chapter 119, Florida Statutes(Florida's Public Records Law), provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or recelved by a governmental agency(or a private Wily acting on behalf of such an agency) in conjunction with official business which are used to perpetuate,communicate,or forn7ailze knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entl(y within the ambit of the public record requirements. However,when a public entity delegates at public function to a private entity,the records generated by the private entity's performance of that duty become public records, Thus,the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and Is therefore subject to the requirements of chapter 119, Florida Statutes, 1. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, 1ncleedIng documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Program Budget and Scope of Work-Attachment A and B-and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (660) 816.7671, Fern^ds@em.tnyflor°Ida.co lrt, ®r 2656 Shumard Oak Boulevard, Tallahassoo, FL 32399. 01) iT a. TtAe Sufi-Re,.,Vent shad comply with the audit requirements contained in 2 C.�.K Part;200, Subpart F. b, In accounting for the receipt and,expenditure of funds under this Agreement,the Sub-Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.� 9 404 200.1, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub,-Recipient's performance Linder this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"), As defined by 2 C1,R. § 200,1, GALAS, "also known as the Yeflow Book, means generally accepted government auditing standards issued by the Comptroller General of the united States,which are applicable to financial audits." d. If an audit shows that oil or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30)days,after the Division has notified the Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have MI audits completed by an independent auditor, which is defined in section 21 5.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit shall be received by the Division no later than nine(9) months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages,for audits conducted in accordance with 2 C.F.R. Part 200, by or on beha]f of the Sub-Recipient, to the Division at the following address: DEMSingleALidit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: h. The Sub-Recipient shall send any manager-rient letter issued by the auditor to the Division at the following address: DEM jrit leA l it Z5,)er -ny lgjjda.corn OR Office of the Inspector General 2555 ShUrnard Oak Boulevard Tallahassee, Florida 32399-2100 10 405 a. Consistent with 2 C.F.R. §200,328, the Sub-Reelpient shall provide the Division with quarterly reports and a close-out report. Those reports shall include the current status and progress by the Sub-Reclpient and all subcontractors In completing the work described in Attachment B-Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than thirty(30)days after the end of each quarter of the program year and shall be sent each quarter until submission of the close-out report. The ending dates for each quarter of the program year are March 31,June 30, September 30,and December 31. c. The closeout report is due sixty(60)days after termination of this Agreement or thirty(30)days after completion of the activities contained in this Agreement,whichever first occurs, d, if all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division,then the Division may withhold further payments until they are completed or may take other action as stated In paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with Attachments A and B of this Agreement, e, ''he Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information identified in Attachment S. 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 being met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods,and other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to this Agreement and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may Include, but not be limited to, On-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-recipient agrees to comply and cooperate with any monitoring procedureslprocesses deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipienl is appropriate,the Sub-Reclpient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Reclpient 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 shall monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. 11 406 (14)LIABILITY a. Unless Sub-Recipient is a State agency or subdivision,as defined In section 768,2s(2), Florida Statutes,the Sub-Recipient Is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that It is not an employee or agent of the Division but is an independent contractor, b, As required by section 768.28(19), Florida Statutes,any Sub-Recipient which is a state agency or subdivision,as defined In section 768,28(2), Florida Statutes,agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth In Section 768.28, Florida Statutes. Nothing herein Is intended to serve as a waiver of sovereign immunity by any Sub-Reoipient to which sovereign immunity applies. Nothing herein shall be construed as consent by_.a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract, c. As defined In section 200,310 Insurance Coverage:The non-federal entity shall,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. Federally owned property need not be insured unless required by the terms and conditions of the federal award. 0 5)DEFAtJL'T If any of the following events occur("Events of Default', all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth In Paragraph (16); however, the Division may make payments or partial payments after any events of default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division Is or becomes false or misleading in any respect, or if the Sub- Recipient falls to keep or perform any of the obligations,terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashlon, or is unable or unwilling to meet its obligations under this Agreement; b, Mater€al adverse changes occur In the financlal condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Reciplent fails to cure this adverse change within thirty(30)days from the dote written notice Is sent by the Division; o. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete, or insufficient information; or, 12 407 d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. If an Event of Default occurs,then the Division shall, after thirty (30)calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty (30) days, exercise any one or more of the fof lowing remedies, either concurrently or consecutively; a. Terminate this Agreement, provided thet the Sub-Reclplent is given at least thirty(30) days prior written notice of the termination, The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph(3) herein; b. Begin an appropriate legal or equitable act€on to enforce performance of this Agreement; c, Withhold or suspend payment of all or any park of a request for payment; d. Require that the Sub-Reciplent refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e, Exercise any corrective or remedial actions,to include but not be limited to: i. Request additional information from the Sub-Reoipient to determine the reasons for or the extent of non-compliance or lack of performance, H. issue a written warning to advise that more serious measures may bo taken if the situation is not corrected, ill. Advise the Sub-Recipient to suspend, discontinue or refrain from Incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f, The Division may Administratively close an Agreement, The Division may use the administrative close-out process when a Sub-Recipient Is not responsive to reasonable efforts to colleot required reports needed to complete the standard close- out process.The Division shall make three(3)written attempts to collect required reports before Initiating administrative close-out, In addition, if an agreement is administratively closed,the Division may decide to impose remedies for noncompliance per 2 G.F,R. §200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future awards, If the Division needs to administratively close an agreement, this may negatively impact a Sub�Reciplent's ability to obtain future funding; and g, Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies shall not stop the(Division from pursuing any other remedies in this Agreement or provided at law or in equity. if the Division waives 13 408 any right or remedy In this Agreement or falls to Insist on strict performance by the Sub-Recipleni, it shall not affect, extend or waive any other right or remedy of the Division,or affect the later exercise of the same right or remedy by the Division for any other default lay the Sub-Reciplent, (17)TIRMINATION a. The division may terminate this Agreement for cause after thirty days(30)written notice. Cause can include misuse of funds, fraud, look of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter,or other material subject to disclosure under chapter 119, Fiorida Statutes,as amended. b, The Divls€on may terminate thle,Agreement for cause after rejecting an appeal submitted due to noncompliance, nonactivity, and/or a lack of expenditures for four(4)consecutive quarterly reporting periods. o... .The Division may.terminate this Agreement for convenience..or when it determines, In .. . its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of fonds, by providing the Sub-Racipient with thirty(30)car endar days prior written notice. d. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement. e, In the event that this Agreement is terminated,the Sub-Recipient shall not Incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The$mb-Recipient shall cancel as many outstanding obligations as possible. Costs Incurred after receipt of the termination notice shall be disallowed. The Sub-Reciplent shall not be relleved of liability to the division because of any breach of Agreement by the Sub-recipient. The Division may,to the extent authorized by law, withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount Qf damages due the Division from the Sub-Recipient is determined, (18)PROCURFMENI a. The Sub-Recip lent shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to Include 2 C,F,h2. §§ 200,318 through 200,327 as well as Appendix II to 2 C.F.R. Part 200(entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R.§200.318(i), the Sub-Reciplent shall"maintain records sufficient to detail the history of procurement. These records shall include but are not necessarily limited to the following: rationale for the method of pr9curement, selection of contract type, contractor selection or rejection, and the bests for the contract price," 14 409 c. As required by 2 C.F,R. §200.31B(b),the Sub-Recipient shall"maintain oversight to ensure that contractors perform in accordance with the terms,conditions,and specifications of their contracts or purchase orders," In order to demonstr%te compliance with this requirement,the Sub- Reclpient shall document, €n its quarterly report to the D1vIsIcn,the progress of any and all subcontractors performing work cruder this Agreement. d. Except for procurements by mloro-purchases pursuant to 2 G.F.R.§200.320(a)(1)or procurements by small purchase procedures pursuant to 2 C,F,R. §200.320(a)(2), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall forward to tha Division a copy of any solicitation(whether competitive or nor-compatltive)at least ten (10) days prior to the publication or communication of the solicitation. Tha Division shall review the solicitation and provide comments, If any,to the Sub-Reciplont within seven(7) business days. Consistent with 2 C.P.R. §2oO.328, the Division shall review the solicitation for compliance with the procurement standards outlined in 2 C,F,R. §200r3l8 through 200.327 as well as Appendix li to 2 C,F.R. Part 200, Consistent with 2 C.F.R.§200.318(k),the Division shall not substitute its judgment for that of the Sub-Recipient. Whte the Sub-Reciplent does not need the approval of the DivIsIon in order to publish a competitive so€icltafion, this re0ow may allow the Division to Identify deficiencies in the vendor requirements or in the commodity or service specifications. The 10lvision's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sulb-Recipient remains bound by all applicable laws, regulations,and agreement terms, If during its review the Division identifies any deficiencies, then the Oiylsbn shall communicate#rasa deficiencies to the Sub-Reciplent as quickly as possible within the seven(7)business day window outlined above, 1f the Sub-Raciplent publishes a competitive solicitation after receiving comments from the Dlvisian that the solicitation is deficient, then the Division may: t. Terminate this Agraement in accordance with the provisions outMod in paragraph (17)above;and, 11, Refuse to rG!mburse the Sub-Recipl ant for any costs associated with that solicitation, e. Except for procurements by mloro-purchhases pursuant to 2 CY.R. §200.320(a)(1)or procurements by small purchase procedures pursuant to 2 C,F.R, §200.320(a)(2), if the Sul--Reolpient chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution, The Division shall review the unexecuted contract and provide comments, fF any,to the Sub-Recipiant WtMn seven(a) business days. Consistent with 2 C,F,K§200,326,the Division shall review the unexecuted contract for compliance wltfi the procurement standards outlined in 2 C.F.R. §200.318 through 200.327 as well as Appendix 11 to 2 C.F,R. Part 200, Consistent with 2 C.F.R. §200,318(k),the Division shall not substitute Its judgment far that of the Sub�Recfpient, Whiie the Sub-Reolp(ont does not need the approval of the Division in order to execute a subccritract, this review may aiiow the Division to identify deficiencies In the 1S 410 terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract, The Division's review and comments shalt not constitute an approval of the subcontract. Regardless of-the Division's review,the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division Identifies any deficiencies,than the Division shalt communicate those deficiencies to the Sub-Reclplent as quickly as possible within the seven (7)business day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication from the division that the subcontract is noncompliant,then the Division may., t. Terminate this Agreement in accordance with the provisions outlined in paragraph(17)above; and, 11. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract, f. The a"ub�Recipient agrees to include in the subcontract that(1)the subcontractor Is bound by the terms of this Agreement, (11)the subcontractor is bound by all applicable state and federal laws and regulatlons,.and.(iii}the_s.0contractor_shali_hold the Division and.Sub-(Recipient harmless---- against all claims of whatever nature arising out of the subcontractor's perfon-nance of work under this Agreement,to the extent allowed and required by law.effected g, Aa required by 2 C,F.R. §200,318(c)(1),the Sub-Recipient shall"maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h, As required by 2 C,F.R. §200.319(b)contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals shall be excluded from competing for such procurements,The Sub-Rodipient or pass-thru entity shall disclose to the Mlsion, in writing,any real or potential conflict of interest that may arise during the administration of the Federal award, as defined by federal statutes or regulations, or their own existing pollciea, within five (6)days of learning of the conflict of interest,"Conflict of Interest"is considered as any situation where an employee, officer, or agent, any members of his or her immediate family, or his or her partner has a close personal relationship, business relationship,or professional relationship,with a recipient or Sub-Recipient. 1, As required by 2 C.F.R� §200.319(a),the Sub-Reclpient shall conduct any procurement under this agreement"in a manner providing full and open competition," Accordingly, the Sub-Recipient shall not, L Place unreasonable requirements can firms in order for them to qualify to do business; il. Require unnecessary experience or excessive bonding; M. Use noncompetitive pricing practices between firms or between affiliated companies; IV, Execute noncompetitive contracts to consultants that are on retainer contracts; 16 i 411 V. Authorise,condone, or ignore Organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications,or other relevant requirements that pertain to the commodity or service solicited by the procurement; vil€, Engage In any arbitrary action during the procurement process;or, N. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements,statement of work,invitation to bid, or request for proposals. f "Except in those cases where applicable Federal statutes expressly mandate or encourage"otherwise,the Sub-Recipient,as required by 2 C.F.R, §200,319(c), shall not use a geographic preference when procuring commodities or services under this Agreement. k, The S ub-Recipl antshall conduct any procurement involving invitatlons to bid(Le. sealed bids) in accordance with 2 C.F,R,§200,320(b)(1)as wail as section 267,057(l)(0), Florida Statutes, 1. The Sub-Reciplent shall conduct any procurement involving requests for proposals (Le.competitive proposals) in accordanoe with 2 C.F.R.§200.320(b)(2)as well as section Florida Statutes. rn, For each subcontract,the Sub-Reclpleat shah provide information to the Division as to whether that subcontractor Is a minority business enterprise, as defined In Section 28B.703,Florida Statutes, except for the requirement the aubcontraotor be domiciled in Florida,on the required Procurement Method Report(Form 5). Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F,R.§200,321 ("Contracting with small and minority businesses,w omen's business enterprises, and labor surplus area firms"). n. The Federal Emergency Management Agency(FEMA) has developed helpful resources for Sub-Recipients using fedem€ grant funds for prooure7►ents.These resources are generally available at httpa:/Iwww.fema.govfgrente/procurement. PIMA periodically updates this resource page s❑ please check back for the latest Information. While not all the provisions discussed in the resources are applicalate to this subgrant agreement,the Sub-Reoipient may find these resources helpful wren drafting its solicitation and contract for compliance with the Federal procurement standards outlined in 2 C.P.R.§§ 200.318 through 200.327 as well as Appendix I I to 2 G.F.R. Part 200. (1i))6jLAg,bMENTS AND,1=XHIJDiTS 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, 17 412 c. This Agreement has the following attachments,. L Exhibit 1 -Funding Sources li. Exhibit 2 T-Certification Regarding Telecommunications and Video Restrictions €li. Exhibit 3•-Certification Regarding Lobbying Iv. Exhlblt 4-Certfflcatlon Regarding Fusion Center Analyst Requirements V. Attachment A—Program Budget vI. Attachment B—Scope of Work vii. Attachment C—Dellverables and Performence vfli. Attach mmnt 0 w Program Statutes and Reg ulatlons ix, Attachment E—Justification of Advance Payment x. Attachment F—War'renties and Representations xi. Attachment G—Certification Regarding Debarment, Suspenslotl, Ineligibility — -- ---- ----- and Voluntary-Wuslor A1. Attachment H--Statement of Assurances x4i, Attachment i—Mandatory Contact Provrsiona Av. Attachment J Financial and Program Monitoring Guidelines xv. Attachment K—EHP Guidefines W. Attachment L—Reimbursement Checkiiat xvli. Attachment M-Foreign Country of Concern Afffdavif—Persanal Identifying Information Contract ,(20)PAYMENDS, a. If the necessary funds are not avallable to fund this Agreement as a result of action by the United States Congress, the Federal Office of Management and Budgeting,the State Chief Financial Officor or under subparagraph(9)1).of this Agreement,all obligations on the part of the Divis[on to make any further payment of funds shall terminate, and the Sub-Reclpient shall submit its closeout report within thirty(30) days of receiving notice from the Division, b. invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submltted within thirty{30) days after the expiration date of the agreement. An explanation of any olrcumstanoes prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub, Reciplent's quarterly reporting as referenced in Paragraph(12)of this Agreement. o, Any advance payment under this Agreement is subject to 2 C.F.R. §200,305 and,as applicable,section 21B,181(16), Florida Statutes.All requestb for advance payments shah be reviewed and con,sfderecl on a case-by-case basis,All advances are required to be held in an interest-bearing account and shall not exceed fifty percent of the grant award. If an advance payment is requested, an "limated expense table and Justlffcation statement stall be included in this Agreement. All advance 413 requests shell be submitted at the time of execution of the original agreement, unless an Environmental Histoftal Preservation (EHP)reviaw is required. if an E H P Is required advance payments shall not be processed until approval from FFMA has been received. Advance requests can only be made by completing Attachment lr and shaJ!specify the amount of advance payment needed and provide an explanation of the nec"sity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursament has l)een paid prior to the submittal of a request for advanced payment. After the initial advance, if any,payment shall be made on a reimbursement basis as needed. "gB&KM_ENTS a, All refunds or repayments due to the DIvision under this Agreement are tc be made payable to the order of OD(vision of Emergency Management",and mailed rlireotly to the following address: Division of Emergency Management CaslSier 2555 Shumard Oak Boulevard Tallahassee FL U399-2100 b. In accordance with sectlon 215,34(2), Florida Statutes, If a check or other draft is returned to the Division for coliectlon,Sub-Recipient shall pay the Division a service fee of M,00 or 8% of the face amount of the returned check or draft,whichever Is greater, )MAi[ ATEt PBD1TIgN3 a. The validity of this Agreement Is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-IRaciplent in this Agreement, In any later submission or response to a Division request, or In any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the subm€ssions or any material ohanges shall,at the option of the Division and with thirty OW days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligatlons to the Sub-€recipient. b, The laws of the State of Florida shall govern this Agreement. The Division and the Sub•Reclpient submit to the jurisdiction of the courts of the State of Florida oxoNsively for any legal aotlon related to this Agreement. Further,the Sub-Recipient hereby waives any and all privileges and rights relating to von ja it may have under chapter 47, Florlda Statutes, and any and all such venue privileges and rights it may have under any other statute, rule,or case law, Including,but not limited to those grounded on convenience. The Sub-Recipient hereby submits to venue in the county chosen by the Division,to wit: Leon County, Florida, c. Any power of approvai or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. 19 414 d, The Sub-Recipient agrees to comply with the Americans With Disabilltles Act(Public Law 101-336,42 U,$.C. Sectlon 12101 gLM),which prohiblts discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services,and teleoommunloetions, e. Those who have been placed on the conyIpftd vendor list following a conviction fore public entity crime or on the scri _i a Mr vendor list shall not submit a bid on a contract to provide any goods or services to a public entity,shall not submit a bid on a contract with a public entity for the construatlon or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perrorm work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall not transact business with any public entity in excess of$25,000,00 for in period of thirty-six(36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list, f. Any Sub-Recipient which Is not a local government or state agency, and which -----—r�r;�ly�ncls under_this Agr-e�rnel7t_feorr�_the-F_ed®cal-Qovernrnent,-certifies,-td-tlya-17est of-its-krtdwledge-and belief,that it and Its principals: I. Are not presently debarred, suspended,proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii, Have not,within a five (a)year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or ei criminal offense in connection with obtain€ng, attempting to obtain, or performing a public(federal, state or local)transaction or contract under public transaction;violation of federal or state anCtrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; €ii, Are not presently Indicted or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph (22)f. 0. of this certification; and, iv, Have not within a five(5)year period preceding this Agreement had one or more public transactions(federal,state or local)term inatod for cause or default. g, if the Sub-Recipient Is unable to certlfy to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h, in addltion,the Sub-Recipient shall Bond to the DIvgsion(by email or by facsimile transmission)the completed"Oertlfication Regarding Debarment,Suspension, Ineligibility and Voluntary tzxcluslon"(Attachment G)for eaoh intended subcontractor which Sub- Recipient plans to fund carder this Agreement. The form shall be received by the DIvlslon before the Sub-recipient enters Into a contract with any subcontractor, i. The Division reserves the right to unilaterally cancel this Agreement if the Sub R,6clpient refuses to allow public access to all documents,papers,letters or other material subject to the 20 i 415 t provisions of chapter 119, Florida Statutes,which the Sub-Recipient created or received under this Agreement. j. If the Sub-Rerlplant Is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount, k, The State of Florida shall not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers,constituting a violation of the employment provisions contained in 5 U.S.C. Section 1 324a(e)[Section 274A(e)of the Immigration and Nationality Act ("INA")). The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division, I. Section 267.05005, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least five(6)years from the date of purchase or the completion of the improvements or as further required by law. m. Unless preempted by federal law,the Division may, at Its option,terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287,135(5),F,S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or been engaged in businbss operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel list or is engaged In a boycott of Israel. (23)jpQQBYjNQ PROHIBITION a, 2 C.F,R, §200.460 prohibits reimbursement for costs associated with certain lobbying activities. b, Section 216,347, Florida Statutes, prohibits"any disbursement of grants and alds 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 u c. No funds or other resources received from the Division under this Agreement may be, used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Reciplent certifies, by Its signature to this Agreement,that to the best of his or her knowledge and belief, i, No federal appropriated funds have been paid or shall be paid, by or on behalf of the Sub-Recipient,to any person for influencing or attempting to influence an officer or 21 416 employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in eonnectlon with the awarding of any federal contract,the making of any federal grant, the making of any federal loan, the entantng into of any cooperative agreement, and the extension, continuation, renewal,amendment or modification of any federal contract, grant, loan or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or shall be paid to any parson for influencing or attempting to influence an officer or employee of any agency,a mernber 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-Recipient shall complete and submit Standard Form-LLL, "DiWosure of Lobbying Activities," Ili. The Sub-Recipient shall require that this certification be included in the award documents for all subawards(Including subcontracts,subgrants, and contracts under grants, loans,and cooperative agreements)and that all Sub-Recipients shall certify and disclose. iv, - This certification-Is a material-representation of fact upon which rel#once 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 1362, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. V. if this subgrant agreement amount is$100,000 or more,the Sub-Recipient, and subcontractors, as appllcable,shall sign Attachment M W-Certification Regarding Lobbying. (24)COPY€3IQH, 2AZENTAND TRAagM16R EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS(AGREEMENT ARE HISRISEBY RESERVED TO THE STATE OF FLORIDA; AND,ANY AND ALL COPYRIGHT$ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE.SE.IBMRECIPIENT TO THE STATE OF FLORIDA. a. if the Sub-Recipient has a preexisting patent or copyright,the Sub Recipient shall retain ail rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or Invention is developed in the course of or as a result of work or services performed under this Agreement, or In any way connected with it,the Sub-Recipient shall refer the discovery or Invention to the Division for a determination whether the State of Florida shall seek patent protection in Its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida, If any books, manuals,films,or other copyrightable material are produced,the Sub-(Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florlda, 22 417 c, Within thirty(30)days of execution of this Agreement, the Sub-Recipient shall disclose all Intellectual properties fainting to the performance of thlg Agreement which hs or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing Intellectual property which is disclosed. Failure to disclose shall Indicate that no such property exists, The Division shall then, under paragraph (24)b,, have the right to all patents and copyrights which accrue during performance of the Agreement, d. If the Sub-Recipient qualifies as a state university under Morida law,then, pursuant to section f 004.23, Flvrlda StatUtes,any Irrvsntion conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient, In the case of joint inventions,that Is inventions made jointly by one or more ar-nployees of both parties hereto,each party shall have an equal, undivided Interest In and to such joint inventions, The Division shall retain a perpetual, Irrevocable,fully paid, nonexclusive license, for Its u6a and the use of its contractors of any resulting patented, ugnyrighted or tyadernarlsed worts products, developed solely by the Sub-Recipient, under this Agreement,for Florida government purposes, (25)LEC3 LA �AUTHORIZATIQN The Sub-Recipient certifies that it Eras the legal authority to receive the(rinds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement, The Sub- Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub- Recipient to the terms of this Agreement. (20 EQUAL OPPO RTUNMYPry a, In accordance with 41 C.F.R, §60•1,4(b),the Sub-Recipient hereby agrees that It shall Incorporate or cause to be incorporated into any contract for construction work,or modification thereof, as defined in the regu*lons of the Secretary of Labor at 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from the federaf government or Borrowed on the credit or the federal government pursuant to a grant,contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program Involving such grant, contract, loan, Insurance,or guarantee,the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor shall not dlscrlminate against any employee or applicant for employment because of race,color, religion, sex,sexual orientation, gander Identity, or national origin. The contractor shall take affirmative aotlon to enaure that applicants are employed, and that employees are treated during empfoyment without regard to their race, color, religion, sex,sexual orientation, gender identity, or national origin, Such actiarr shall include, but not be limited to the following, Employment; upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticesh€p. The contractor agrees to post in conspicuous places, available to employees 23 418 and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor shall, in all solicitations or advertisements for employees plaoed by or on behalf of the contractor, state that all qualified applicants shall receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. III. The contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant,has Inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. Thia provision shall not apply to Instances in which an employee who has access to the compensation Information of other employees or applicants as a part of such employee's essential Job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is In response to a formal complaint or charge, In furtherance of an investigation, proceeding, hearing,or action, Including an investigation conducted by the employer,or Is consistent with the contractor's legal duty to furnish Information, iv. The contractor shall send to each labor union or representative of workers with which Fie has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor shall furnish ail Information and reports required by Executive Order 11246 of September 24, 1966, and by rules, regulations,and orders of the Secretary of Labor,or pursuant thereto, and shall permit access to his books, records,and accounts by the administering agency and the Secretary of Labor for purposes of Investigation to ascertain compliancew1h such rules, regulations, and orders, vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled,terminated, or suspended In whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,or as otherwise provided by law. vill. The contractor shall include the portion of the sentence Immediately preceding paragraph(1)and the provisions of paragraphs (1)through(8) in every subcontract or purchase order unless exempted 24 419 by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 244 of Executive Order 11246 of September 24, 1966, so that such provisions shall be binding upon each subcontractor or vendor. The contractor shell take such action with respect to any subcontroct or purchase order as the administering agency may direct as s means of enforcing such provisions, including sanctions for noncompliance; Provided, however, that in the event a contractor becomes involved in,or Is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it shall 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 pprticlpate in work on or under the contract, c, The Sub.Recipi ant agrees that it shall assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it shall furnish the administering agency and the Secretary of Labor such information as they may require-forthe supervision of such compliance, and that it shall otherwise assist i I the administering agency in the discharge of the agency's primary responsibility for securing compliance, d, The Sub-Recipient further agrees that it shall refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from,or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and shall carry out such sanctions and penalties for violation of the equal opportunity clause as may be Imposed upon contractors aid subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order, InAddition,the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel,terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satlsfactory assurance of future compliance has been received from such Sub-Recipient;and refer the case to the Department of Justice for appropriate legal proceedings. (27)QQPEL6ND/AhITI-KICKBA ACT The Sub-Recipient hereby agrees thst, unless exempt under federal law, it shall Incorporate or cause to be incorporated Into any contract for construction work, or modification thereof, the following clause: 25 420 I. Contractor, The contractor shaft comply with 18 U.S.C, § 874, 40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference Jnto this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any _ . .. _ . . subcontracts the clause above and such other clauses as the 5EMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier auboontracts, The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. III. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C,i~.R. §5.12. (28)CON� TRACT MRK NDURS AMD SAFETY STANDAFtQS If the Sub-Recipient,with the funds authorised by this Agreement, enters into a contract that exceeds$100,000 and involves the employment of mechanEcs or laborers, then any such contract __... shall include a provision for compliance with 40 U.S.C. 3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work weak of forty(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 forty (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 shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation, (29)CLEAN AI A T N F DOAL WATER_22L.UTIQN QONTROL ACT If the Sub-Recipiant, with the funds authorized by this Agreement, enters into a contract that exceeds$150,000, then any such contract shall 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,7401-7871q) and the:Federal Water Pollution Control Act as amended(33 U.S.C. 1251.1387)and shall report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). (30) P N If the Sub-RecJplent,with the funds authorized by this Agreement, enters Into a contract, then any such contract shall include the following provisions; 1, This contract is a covered transaction for purposes of 2 C.F.R. pt, 180 and 2 OX.R. pt, 3000. As such the contractor Is required to verify that none of the contractor, Its principels(defined at 2 C.RR, § 26 421 180.996), or its affiliates (defined at 2 C.F,R. § 180.905) are excluded (defined at 2 C.F.R. § 180,940) or disqualified(defined at 2 C.F.R. § 180,935). li. The contractor shall comply with 2 C.F,R.pt. 180, subpart C and .2 G.F.R. pt. 3000, subpart C and shall include a requirement to comply with these regulations In any lower tier covered transaction it enters into. III, This certification is a material representatlon 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 O.F.R. pt. 3000, subpart C, in addition to remedial available to the Division,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment, Iv. The bidder or proposer agrees to comply with the requirements of 2 C,F.R,. pt. 180,subpart C and 2 C.F.R. pt, 3000, subpart C while this Gaffer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower flier covered transactions. (31),UYRD 6NII-L.OBaYING_AMENQMEUT, If the Sub-Reciplent,with the funds authorized by this Agreement,enters into a contract, then any such contract shall include the following clause: Byrd Anti-Lobbying Amendment, 31 11.S.C, § 1362(as amended). Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it shall not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an off leer or employee of any agency,a membar 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 shall also disclose any lobbying with non- federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient. If the Sub-Recipient enters Into a contract with a subcontractor for an award of$100,000 or more, the subcontractor shall sign Exhibit 3—Certification Regarding Lobbying. (32)gOKMQjING WITH EML�LL F±MQ MINORITY SUJ IN SES W�.MEN'S_BUSINESS ENTEREBISgS,AND U A@QR SURPLU $AREA FIRMS. a. If the Sub-Recipient,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-Reciplent shall take the following affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used whenever posslblg; I. Placing qualified small and minority businesses and women's business enterprises on solicitation fists; 11. Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; 27 422 HL Dividing total requirements, when economically feat, into Smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; --- ... iv,..._....Establishln.g..delivery s..gheduies,..wYgrg the r a irement permits,which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, s a ro riate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if suboontraots are to be let,to take the affirmative steps listed in paragraphs 1. through v. of this subparagraph. b. The requirement outlined In subparagraph a. alcove, sometimes referred to as "soc€oeoDnomic contracting,"does not Impose an obilgation 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 — -.. _ ._. ... document the six aff€rmative-steps-identif€ed above. c. The"socioeconomic contracting"requirement outlines the affirmative steps that the Sub-Recipient shall take;the requirements do not precludo the Sub-Recipient from undertaking addltionai steps to involve small and minority businesses and women's business enterprtses, d. The requirement to divide total requirements, when economically feasible, Into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises,does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures(e.g. "project splitting"), 83 88SURAMCM The Sub-Recip€ent shall comply with any Statement of Assurances incorporated as Attachment H. (Remainder of page Intentionally left blank) 28 423 IN WITNESS WHEREOF,the parties hereto have executed this Agreement. SUB-REPla IwNT:CITY OF MIAMI FIRE RESCUE y: By: 5 Larne and Title: Arthcar Nor ega, City Manager [late:March 11, EDT FID# 59-600037E If signing electronically: By providing this electronic signature, I am attesting that/understand that electronic signatures are legally binding and have the same meaning as handwritten signatures, !am also confin-ring that internal controls have been maintained, and that policies and procedures were property hallowed to ensure the authenticity of the electronic signature. I acknowledge that typewritten andlor script fonts are not acceptable as a digital signature. ,ill electronic signatures shalt be certifled digital signatures and include:the signee's name, time and date stamp. This statement is to certify that I confirm that this electronic signature is to be the legally binding equivalent of my handwritten signature and that the data on this form is accurate to the best of my knowledge. STATE OF: FLORIDA DIVISION OF EINIIER� Y I111AI�YAIVIEM,T' 13y: r t Marne Title: Kevin Guthrie.Exec live R'recto Date: 29 424 EXHIBIT—I Federal Programs and Resources Awarded THE FOLLOWING FEDERAL RESOURCES ARE AWARDED To THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program:HOMELAND SEgpffjl)L�RAtVT RR�aCR� Federal Agency: U.S. Qm2aam_gnt of Homeland Security, Federal EM?,Egengy anaaemerat Catalog of Federal Domestic Assistance title and number ff..gV Award amount: I 13,Q02,51 3.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT; Federal Program: HOMELAND SECURI_T_y GR6NT PRQQW List applicable compliance requirements as follows. 1. Sub-Radipient is to use handing to perform ellgible activities as identified FY 2023 Departrnent of Homeland Security Notice of Funding Opportunity. 2. Sub-Recipient Is subject to all administrative and financial requirements as set forth In this Agreement or shall not be In compliance with the terms of the Agreement, & Sub-Recipient shall comply with specific laws, rules,or regulations that pertain to how the awarded resources shall be used or how eligibility determlneflons are to be made, NOTE. 2 C.F.R.Part 200, and sectlon 216.97(5)(a),Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Sub-Recipient, Su_ � pUWVCITY OF MIAMI FIRE RESCUE March 11, 2024 1 09:43:30 EDT By Date: Arthur Noriega, 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 contmis have been maintained, and that policies and procedures were properly followed to ensure the authenticity of the electronic signature. I acknowledge that typewritten andlor script fonts are not acceptable as a digital signature. All electronic signatures shall be certified digital signatures and Include:the signee's name, time and date stamp. This statement is to certify that I confirm that this electronic signature is to be the legally binding equivalent of my handimfilten signature and that the data on this form is accurate to the best of my knowledge. 30 425 EXHIBIT—2 Certification Regarding Telecommunications and Video restrictions Effective August 13, 2020, I]HFIFEMA Sub-Recipients, as well as their contractors and subcontractors, shall not use grant funds under the Nonprofit Security Grant Program covored by this Agreement and provided In FY 2023 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 j 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 crk#ical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA)T Pub, t,.. No. 116-232 (2018),and 2 G.P.R.§200.216, 200.327,200,471, AND Appsndlx 11 to 2 C.F.R. Part 200.Sub-Recipients may use DHa1F'EMA grant funding to procure replacement equipment and services impacted by this prohibition,provided the costs are otherwise consistent with the requirements of the FY 2023 Preparedness Grants Manual, applicable appendix to the Manual, and applicable NOFO.DHSfFEMA shall publish additional guidance In a subsequent Information Bulletin or similar notice. Per section 889(f)(2)-(3)of the FY 2019 NDAA,covered telecommunications equipment or services means: 1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate cf such entitles), 2, For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvislon Digital Technology Company,or Dahua Technology Company(or any subsidiary or affiliate of such entities), 3. Telecommunications or video surveillance services provided by such entities or using such equipment; or 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of Netional intelligence or the[director of the Federal Bureau of Investigation,reasonably believes to be an entity owned or controlled by, or otherwise connected to,the People's Republic of China. In the event the Sub-Rociplent identifies covered telecommunications equipment or services used as a substantial or essential component of arty system,or as critical technology as part of any system, during contract performance or at any time or by any other source,the Sub.Recipient shall report the information to the Division: 1, Within one(1)businass day from the date of such identification or notification:The contract number; the order number(s), if applicable;supplier name; supplier unique entity Identifier(if known); suppker Commercial and Government Entity(GAGE)coda(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 undertaken or recommended. 2. Within ten(10) business days of submitting the aforementioned information:Any further available information about mitigation actions undertaken or recommended, In additlon,the Sub-Recipient 31 426 shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that shall be incorporated to prevent future use or submission of covered telecommunications equipment or services. Snub i-ftefAmt!CITY OF MIAMI FIRE RESCUE By: Date: March 11, 2024 1 09:43:30 EDT Arthur Norielga, City Manager Printed Name and Title If signing electronically: Sy providing this electronic signature, /am attesting that/understandthat 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 properly followed to ensure the authenticity of the electronic signature. I acknowledge that typewritten andlor script fonts are not acceptable as a digital signature. All electronic signatures shall be certified digital signatures and include. the signee's name, time and date stamp. This statement is to certify that/confirm that this electronic signature is to be the legally binding equivalent of my handwritten signature and'that the data on this form is accurate to the best of my knowledge. 32 427 EXHIBIT—3 CERTIFICATION REGARDING LOBBYING Check the appropriate box: ® This Certification Regarding Lobbying is required bemuse the Contract, Grant, Loan, or Cooperative Agreement shall a cea $100,000 pursuant to 2 C.F.F., Fart 200,Appendix II(1); 31 U,$.C. § 1352; and 44 C.i~.R.Part 18. E:1 This Certification is np�required because the Contract,Grant, I.,oan, or Cooperative Agreement shall be equal to or less than$100,000, pPE DI ,I✓ , p Tl CATKIN D(NG Lg Certification for Contracts, Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No federal appropriated funds have been paid or shall be paid,by or on behalf of the undersigned, to any person for influenoing 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 e member of Congress In connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment,or modification of any federal contract, grant, loan,or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or shall be paid to any person for Influencing or attempting to influence an officer or employee of any agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress ill connection with this federal contract, grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Farm-LLL,"Disclosure Form to Report t_rabbying,N in accordance with Its instructions. 3, The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers{including subcontracts,subgrants, and contracts under grar)fs, loans,and cooperative agreements)and that all Sub-Recipients shall certafy and disclose accordingly. i This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification Is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S,Code,Any person who fails to file the required certification shall be sub)ect to a civil penalty of not bass than$10,000 and not more than$100,000 for each such failure, The Sub-Ieclpient or subcontractor, Clty of Miami certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U,S,C, Ch.38,Administrative Remedies for as TWMnd Statements, apply to this certlficatlon and disclosure, if any, Signature of Gvl)=Reolplentlsubcontractor's Authorized Dfficiai Arthur Noriega, City Manager_ Name and Title of Auftrlaed Official March 11, 2024 1 09:43:30 EDT Data —�----- 33 428 EXHIBIT—4 Certification Regarding Fusion Center Analyst Requirements Stale and urban area fusion centers receiving SMSP or UASI grant funds will be evaluated based on compliance with the guidance and requirements for the national Network as set forth by QHS Intelligence and Analysis_(I&A)through the annual Fusion Center Assessment. Through the Program Performance Report(PPR), fusion centers will report on the compliance with measurement requirements within the fusion centers through the annual Fusion Center Assessment managed by DHS I&A and reported to FEMA, Subreciplents will be required to provide information regarding their information sharing partnerships, including how they will Identify, address,and overcome any existing laws, policies, and practices that prevent information sharing, via the Information and Intelligence National Priority Investment and supporting data via the annual Fusion Center Assessment. [Documentation of'the satisfactory submission of the completed Program Performance Report through the Fusion Center Assessment will be required prior to reimbursement of grant funds, Eu,�slon Center Performance M� e-. asuLgp Reference Number Performance Measures _20.23.._1._.. ... Percentage of-f deral-Information inf®fllgenae Repoffs(Ift)-originating fron5 fusion- canter information that address a specific tnteliigence Community need 2023.2 Percentage of federal IIRs originating from fusion canter Information that the Intelligence Community otherwise used in performing Its mission(e.g,, contained first-time reporting; corroborated existing information; addressed a critical Intelligence gap; or helped to define an issue or target) 2023.3 Number of SARs vetted and submitted by fusion centers that result in the Initiation or enhancement of an investigation by the FBI 2023.4 Number of SAR vetted and submitted by fusion centers that involve an individual on the Watchlist 2023.5 Percentage of Requests for Information (RFis)from the Terrorist Screening Center (TSC) for which fusion centers provided Information for a TSC case file 2023.6 percentage of I&A Watchlist nominations that were Initiated or updated existing case files based on information provided by fusion centers 2023.7 Number of distributable analytic products coauthored by one or more fusion centers and/or federal agencies 2023.8 Percentage of fusion center distributable analytic products that address Homeland Security topics 2023.9 Percentage of fusion center distributable analytic products that address state/local customer information needs 2023.10 }percentage of key customers reporting that fusion center products are relevant 2023.11 percentage of key customers reporting that fusion center services are relevant 2023.12 Percentage of key customers repotting that fusion center products are timely for mission needs 2023.13 Percentage of key customers reporting that fusion canter services are timely for mission needs 2023,14 Percentage of key customers reporting that fusion center products influenced their decision making related to threat response activities within their AOR 2023,16 Percentage of trey customers reporting that fusion center services influenced their decision making related to threat response activities within their AOR 2023.16 Percentage of key Customers reporting that fusion center products resulted in increased situational awareness of threats within their AOR 2023.17 Percentage of key customers reporting that fusion center services resulted in Increased situational awareness of threats within their AOR 2023A 8 Number of tips and leads vetted by the fusion center 34 429 2023.19 Number of 11ps and leads vetted by the fusion center that were provided to other FISLTT agencies for follow up action 2023.20 Number of responses to RFIs frorn all sources 2023.21 Number of situational awareness products developed and dlaseminated by fusion centers 2023.22 Number of case support and/or tactical products developed and disseminated by fusion centers 2023.23 Percentage of federally designated special events in which fusion centers played a direct role 2023.24 percentage of federally declared disasters in which fusion centers played a direct role 2023.26 Number of public'safety incidents In which fusion centers played a direct role ub Q4TY OF MIAMI FIRE RESCUE (� March 11, 2024 1 09:43:30 EDT Sy: Date: Arthur Noriega, City Manager Printed Name and Title If signing electronically, By providing this electronic signature, 1 am attesting that 1 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 wore properly followed to ensure the authenticity of the electronic signature. i acknowledge that typewritten and/or script fonts are not acceptable as a digital signature.All electronic signatures shall be certified digital signatures and Include:the signeo's name, time and date stamp. This statement Is to certify that l confirm that this electronic signature is to be the legally binding equivalent of my handwritten signature and that the data on this form is accurate to the,best of my knowledge. 35 430 A17ACHMENT A Prograrn Budget Below is a general budget which OUtlines eligible categoOes and their alilocation Linder this award, The, Stine-Recipient rs to utilize are"Program BUdget"as a guide for completing the"Budget Deta,il Worksheet" below. 11he Equipment category will require AUth0rized EquiprrKwt List(AEL) reference nurnN,�r, "Tine Authorized Equipment List(AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other hom[eland security professionals. The list c�onsists of 21 equipment categories,divided into sub-categorles, tertiary categories, and then individual equiprnent iterns The AEL can be found at http:/�www,fei-na,gov/aulthic)riizeci-eqLdpi,netit-list, h��, P",Jf h"A'vulh; the hsk,,d i(; ihr "In'1 o V'Julk" '"s Award Allocation -Issue $14,528,750,00 FY 2023 State Homeland State Managenient&Administration $726,437.50 Security Grant Program , CITY OF MIAM �vtaahadahl�5%Urban AreaSecurity Intialive FIRE RESCUE I . .Issue#45 pn Award Aflocalion after TV, $13,802,313.00 reduction .................... LETP-Type Activities (25%of award aflocation) This amount is not in $31632,187.50 addition to the remaining award amount but instead signifies the arnount needed to jymet the 25% ...................... ............. .............. Managernentand Adri,flnistration (the dollar arnount which corresponds $ 690,1115,65 to 5%of the total local agency allocation is shown in the column on 36 431 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 ietter, 777777,',7,7, =7 7'77�=-2 -'77 -7777 ­7 77 7777`7 '77 7- A A41 Developiq hazardltl�reat-spaciLjc annexes Developing and implementing homeland security support programs and adopting ongoing DHS/FEMA national initiatives Developing related terrorism and other catastrophic event _prtvention activities Developing and enhanqjDap Developingor conducting assessments _ Hiring of full-or part-time staff or contract/consultants to assist with planning, engagement, and volunteer Mana em�ent activities NP2,—,I & I—Intelligence and Information Sharing 1 $83,000,00 S83,000.00 2 _(LPrAq#iyst ; Line item 2023-02 Cross Cutting—Planning (T'o include Planners and I S2,089,235.00 $2,089,235.00 7 Consultants); Line item 2023-07 Cross Cutting —Operational Coordination (EM Tech r —S100,5-0-0.60 $1010,000.66 Support Specialist; Line item 2023-08 Materials required to conduct planning, engagement, and volunteer management activities ... ....... NP4—Community Preparedness and Resilience $1 T�,72 6.0 0 $115,726,00 4 (CPATIBPAT); Line item 2023-04 NP4—Community Preparedness and Resilience(Video 1 $64,920.00 $64,920.00 4 Series); Line item 2023-04 Travel/per 6ern related to planning, engagement, and volunteer mane ernent activities Cross Cutting —Planning (Travel); Line it2�rn 2023-07 $23,000.00 7 Overtime and backfj)J costs (in accordance with operational Cost Guidance) _.____. Activities to achieve planning inclusive of people with disabilities and others with access and functional needs and limited English proficiency Coordination with Citizen Corps Councils for public information/education and development of volunteer Coordination and material support to Citizen Corps 432 Councils and local firehOUSeS for the establishment, training-nd maintenance of CERTs Update governance structures and processes and plans for emergency communications Development, and review and revision oTco--- operations plans Development, and review and revision of the THIRA/SPR continuity of op !,2tion§_plaris Developing or conducting equity assessments to address planning and preparedness disparifles for historically underserved communities 777 7 7 All bwabl e l rg niz,atio foal:AC tiv! vantity Un i �t Cost T6 0 1 o I dst J# nd _,Pfqg ram_Ma a ement Development of whole community partnerships Structures and mechanisms for information sharing between the public and private sector Implementing rnodels, programs, and workforce enhancement initiatives Tools, resources, and activities that facRitate shared situational awareness between the public and private sectors .......... Operational support NP1 -STICP -Protection -Interdiction and Disruption a $5,426.00 $5,426.00 1 (Operational CST , Line item 2023-01 ............. ------------ Utiflzation of standardized resource management concepts Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (LIP to 50 percent of the allocation) -CYv—ertiFne for information, investigative, and intelligence sharing activities(up to 50 percent of the allocation) Hiring of new staff positions/contractors/consultants for participation in information/intelligence analysis and sharing groups or fusion center activities(up to 50 percent of the allocation) NP2 -1 & I - Prevention -Intelligence and Info Sharing 5 569,100.00 $345,500.00 2 (Fusion Analysts), Line item 20,23-0,2 NP5-Cybersecurity (Cyber Analysts); Line item 2023- 2 $143,750.00 $287,500.00 5 05 38 433 39 Overtime and backfitl expenses for part4rne and volunteer emergency response personnel participating in DHS/FEMA training Training Workshops and Conferences Activities to achieve training inclusive of people with disabilities and others with access and functional needs and -.limited English proficiency Fulf or Part-Tire Staff or ContractorslConsuitants NP3. DVE—Environmental Response, Health and Safety I S66,800.00 $66,800.00 3 _ffjazmat Trainq9i),, ine item 2023-03 NP4—Cybersecurity (Cyber Training and Assessments); 1 &50,618.00 $50,618.00 -5 Line item 2023-05 Cross Cutting —Planning (Training Classes); Line item 1 S267,000.00 $267,000.00 7 2023-07 Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g,, copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). Instructor certificationlre-certification Coordination with Citizen Corps C0UnCiI5 in conducting training exercises Interoperabie communications training Activities to achieve training inclusive people with limited English proficiency Immigration enforcement training Eligible Equipment Acquisition Costs The table below Ngh1ights the allowable eqOpment categories for dais award, A cornprehensive fishing of these ailowable equipment categories, and specific,eqLdpment Quantity Unit Cost Total Cost tj# eligible under each category, are listed on the web-based version of the Authorized Equipment List(AEI.) at &d-equipment-list, Personal protective equipment Recovery—Cultural and Natural Resources; AEEW61Z 1 $60,000.00 $66,000.00 10 02-GLVD, 011ID-01-BARR, 0111R-01-EYEP, 0IZA-02-GLVW, 0ILE-02-BDUS,0ISW-01-FTWR, 06CP-01,-PORT, 030E-01- VSTO, 0IZA-06-HHAT, 19GN-00-HSSF', 04AP-05-C13SS; Line item 2023-15 NP3 — EVE—On Scene Security, Protection and LE m 1 $135,560,00 $135,560.00 3 (Ballistic Protection); AEL#011.E-01-HLMT, 01LE-01- SHLD,_01ZA-02-GL _03(?EA-0 -KTFA; Line item 2023-03 40 435 "�p�la�fVr�c�ev�c�,miff�atior� �nc�r�rrl�,Cfi,�.�orl�i�ui r��1n1;°' ' F`, 77 P3 a CAVE--On Scene Security, Protection. . .. . and LIE(E®D 1 $47,000.00 $47,000,00 . _3 Tactical Coms and Fibor Scope);AEL#02EX-00ATF0, 4SN-OI-XMIT, Line Item 2023.03 NP1 -STICP--Prevention v Screening,Search, Detection 1 $580,920.00 $580,920.00 1 (LPRs)AEL##030E-01ALPR,04AP-02AVLS, 13LE-00- SURV 21GN-00-SHIP 210N-00-INST` tine item 2023-01 NP3- DVI_--Environmental response,Health and Safdty 1. $50,301.00 00,301.00 3 Hazmat Robots and Upgrad"lAceessorles);AEL##030E- 7-ROET,030E-07-UPOO,02EX.02.111371., 108Cw00-$01_11, 108C-00.13ATT• Line item 2023.03 NP3-DVE-On Scene Security, Protection and LE(Non. 1 $5,522,00 $5,522.00 3 Lethal Training Equipment);AEL##030E.01-NLTA; Dine Item 2023-03 1`03 W OVE--On Scene Security,Protection and LE(Night 1 $214,928.00 $214,928.00 3 Vision);AEL#0$0C-02 TiLA Line Item 2023-03 Cross Cutting-Operational 6 r_iination(Message 1 $30,000.00 7 Boards),.AEl.#030E-03-SIGN• Line Item 2023-00 Response-•CSR.NE--Mass Search and Rescue Ops 1 $258,103,00 $258,103.00 9 (Search and Rescue Equipment);AEL#03SR-03-SCAM, 03SR-02-TPHY, 03514-024ARK,03SRt 02.71310,038R-02- SAWS, 03SR-01ABAO,030E-02.13NOC,030E42-TILA, 2TR-00-TEOP, 100E-00-DEN# ,21GN-00-SHIP; Line Itern 023-1 2 ,.W 6 { .1.1L.,.. .._. : .. �_ ,"":,f.N�.• � l.'•_.'"i.» ., 'h,:. '. ..... ,{I .....,. o t .f. .y , : .., I Cross Cutting operational Coordination (ICS Systems); 1 $325,280.oa $32s,28u.oa 7 AEL 004S'W'-114-NETW,04HW 01-INHW; 04AP-06-CDSS, 04AP-03-GISS;04AP-02.AVLS; Line Kam 2023.08 V ti e e 0raty en ri4we45ief a i i m nt i:.,.. NP2-I$ I--•Prevention-Forensics and Attribution F t. .,.i $222,815.00 $2.22,815.00 2 (Digital Forensics aharing Pilot Program)-AEL#05 1.FRNS; tine item 2023-02 NP5-Cyber'security(Cyber Equipment); ALL#08EN-00- 1 $101,324.00 $101,324.00 9 TRN 140-op-COOP;Lino item 2023-00 E esponse-Communications--Operational 1 $522,539.00 $522,539.00 9 Communications;AEL#00CC-03-SATS,OOCP-0I-MOEL, OSCP-0I-PORT; Line Item 2023-13 41 436 NP3 — 10VE—Screening,Search, Detection (Hazmat i $1.40,000.00 $140,0.00.00 3 Monitory/Meters);AEL 007CD-01-DPOC,07CD-01-DPMO, 0301 -03-KTCL 21GN-00-SHIP' NP3 -DVE--ScroonIng,Sonrch, Detection (EOD 1 $160,400.0U $160,Oa0.00 3 hernlExplosive Detector);,DEL#07ED-01-LASR,07ED- sy�..rM4i�. C)t' nI Ingo l6r1 Ed qr i t " ..,. .: r batkrk00r �s) r `CIJEiieap`axri; f2iicl ; h NP2-1&I-Prevention-.Forensics and Attribution 1 $404,00.00 f $404,000.00 2.. (Crlm Scene Mobile 5vidance XnAly$is and-Procossin0---- - ehlcle ;,AEL#12VE-00-MISS: Dine Item 2023.02 Response-CF RNt--Critical Transportation(Vehicles); 1 2,070,077.00 $2,070,077.00 9 EL#12VE-00-MISS, 12VE-00-MOVR, 12VP---00-CMDV; Line itern 2023.10 �'`�r�, r�i��j�f� ��,���i'e���rt�#'t��t�����t�ntF y {. .� . '.;, f f •g ,. . NP2- I &I-Prevention-Intelligence and info Sharing 1 $100,000.00..rc.=. $100,000.00 2 (Dark Web Monitorl"g);AIL#131T-00-ALRT; Line Item 2023-02 NP2-I&.I--Prevention--Intelligence and Infer Sharing 1 �44,36s.40 $244,365.00 2 (Covert Surveillance Enhancements); AEL 013IT-00-FACE, 131T-00-INTL,13LF,-OO-SURV,030E-02-TILA,030E.01. ALPA, 04APw02-DGPS,04MO-01-VCAM and 04HW-01- HHCO., Line Item 2023-02 NP2-I&I—Prevention a-Intelligence and Infra Sharing 1 948,000.00 $48,600.00 2 (Internet Upgrade to Forensic Unit Vehicle); AEL#13LE- 00-SURV Line Item 2023-02 NPO--Election Security--Prevention--I&I(IVIDPD Tech 1 032,050.40 $132,050.00 6 ps Surveillance Equip), AEL#13LE-00-SURV; Line Item d23-00 }F?IsratIA tir)ty NrC1 rI ,Eip►i1t ;;` P1 - ST'ICP-Protection-Physical Protective Measures 1 $85P38.00 $850,338.00 1. (Target Hardening);AEL#148W.01-VIDA, 14SW-01-DOOR, 14SW.01-LITE, I4EX-00M1381R, 04HW-014NHW,04MD43- DISP 21GN-00-MAIN 210N-00-INST; Line Item 2023-01 42 437 F'6—Election Security—Protection--Physical Protective 1 $445,792,00 $44517".00 6 Measures(Sollards/Farriers at Polling Locations);AEL 14SW-01 WALL• Line Item 2023-06 Recovery—Infrastructure Systems(Ethernet Backup); 1 $20,000.00 $20,000.00 10 EL#14CI.0140017• Lute Item 2023.14 Illspctioti �1d Screening SpstQrns Anfi�ai Ca��'ar�dFi�rei�riAr�Irnali]is��se. : . ... Response--CBRNE--Critical Transportation(Vessels); 1 $93,957.00 $93,951.00 9 EL#17WC-00-BOAT; Line Item 2023.10 EBI�NE°l��eventlon end.E�esponse V�+�ianned Airct•aft. :. : " - E NEA4 ion quipm.ont .pP.� . Response—Cl3RNE--Logistics and Supply Chain 1 $310,980.00 $310,980.00 9 Managament;AEL#19GN-00»FUEL,19MH-00-BULK, 19MH-00-CART; IOGE-00-GENR; 21GN-00-SHIP; tine item 023.11 r r Y CritfcW'esl7ergesecy 99PPYe6 P3—1DVE Screening,Search,Detection(Pingeeprint 1 $37,968.60 $37,968.00 3 canner); AI.L#20CS-01 FIS,09MY 01-FPRN; Line Item 2023-03 s ,�11's tatFf rl ,' all:►n CQsCs(�!1 I e to :sy�I7;3#ruc ron.s l rAMIOI' ifs in`ttl�s cat ggry i ter�,::xppPnv l rr�ust b l© 1r� rlks�r,, r.tu, .usrofa �in�l$`farcos.t € lrf,repatr� ) ;, P1 -ST1CP—prevention—Interdiction and Disruption 1 $ 0,000.OQ $40,000.00 1 Marltime Fader Tower); AEL 421GN-00-GN T, I4$W-02- RADR,.14SW 02-TUWR,, Line item 202341 NP2.1 4c I—1revention—Intelligence and Info Sharing 1 $25D,000.00 $210,000.00 2 (Fusion Center Operations); AEL 021GN-00-OCEQ,04HW. 01-INHW 121T•AO-INTIw_Z._13IT-00-ALRr, Line Item 2023-02 P2 1&I--prevention--Intelligence and Info Sharing 1 $500,000.00 $500,000.00 2 RTGC Project);AEL#21GNw00-®CEQ,04HW41-INHW, 4MD-03-DISP and 21GN-00-INST,' Line item 2023-02 1P4—Community Preparedness and Resilience (CERT 1 $349,913.00 $349,813.00 4 initlative);AEL#21GNt 00.CCEQ,06CP,01-PUNT, 19GN- )O-BGPK• Llne Item 2023-04 .__ 43 438 Cross Cutting-Operational Coordination (EOC 1 � 45 ,204.00 S4M,204.t0 7 Enhancements); AEL#21GN-00-O E ; 14CI-00-COOP, 07SE-03-ENVS, 06CC-06-PRTY, 06CC-02- SAD, 21ON-00- IN'ST, 04MD-03-DISP, 04H W"-01-INFIW, 04HW-03-NET'D; 04SN-01- MIT; 21ON-00-INsT, 21GN-00-CNST, 04lt D-02- PROJ, 06CC-01-CELL 06CP-06-VCON, Live item 2023-00 Mitigation- Long-Term Vulnerability Reduction 1 S413,2 100 S413,252.00 8 (Maintenance and Sustainment) AEL 21GN-00-MAIN; Line item 20�23-00 TOTAL EQUIPMENT EXPENDITURES $9,629,066.00 .,r . •,r «, ,,; ,;. rr r m ,r. r"^ fn rr,.. i"..,ou RNYNr,,,,.,, �i,r/ r m �'/r -nv ri Mrl n, r„: .r. u,r,.. 4 .!'/',r �';n7NrT' r ,,/.,,./r/?i"./7. ✓/r rrr"7°,rn..r,li,,.r lon;.rL/ ,l -/lui,/� i�//v,,, - ;-/. r.,.Y,. li / :�u..,-✓G,/�l,N,.;;","�l,.ao i,�fi,r ,r,G„ T /r/l,/r ✓./1 /1 a rr//:. //,/,. /,.� ?�;:� /�/�c,. ! r %! � e t�,uuuwl.�u.[!�...[,.�.lr..;yi✓_.:,,:4r/i/i,i,,,, �/;,/r,,/ „n,.'�. Hiring of full-time or part-time staff or contractors/consultants: to assist with the management of the respective grant program; application requirements, and compliance with reporting and data collection requirements M& A Personnel Salary, Line item 2023-16 1 $500,000.00 S'-,00,000,,00 Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls Overtime and backfill costs-Overtime expenses are defined as the result of personnel who worked over and above 40 hours of weekly work time in the performance of FEMA-approved activities within the scope of this grant. Backfill Costs also called"Overtime as Backfill" are defined. as expenses from the result of personnel who are working overtime in order to perform the duties of 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 -Time Equivalent(FTEs) employees. Travel expenses Meeting-related expenses Authorized office equipment: including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. _._. Office Supplies and Equipment, Line item 2023-16 C `40,000.00 $40,000.00 The following are allowable only within the agreement period: Recurring fees/charges associated with certain equipment, such as cell phones, faxes, Leasing and/or renting of space for newly hired personnel to administer programs within the grant program. Recurring Expenses, Line item 2023-16 t $210,500.00 $20,500.00 44 439 .......... Completing the Civil Rights Evaluation 'Tool Conducting activities related to evaluating project effecti'veness for FISGP--funded projects - - r g7 uMTm g' m/� gg � Tg M 'tig gnp TOTAL.AWARD EXPENDITURES $13,802,313.00 45 440 ATTACHMENT 3 SCOPE OF WORK Sub-Reciplents shall comply with all the requirements in 2 C.F.R. Part 200(Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), The purpose of the FY 2G23 HSGP is to support state and lcca€efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. Funding Is provided to perform eligible activities as identified in the Domestic hcmaland�Seci)My Federal Emergency Managgement Agency National Preparedness Directorate Fiscal Year 2023 homeland Security Grant Prograrn (H,SGP), 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 46; The urban Area Security Iniitlative(UASl) has allowable Management and Administration (M&A)casts assooiated with it. The Division of Emergency Management, as the designated State Administrative Agency, will retain five (5) percent of the total UASI amount allocated to f-lorida for M&A purposes. These funds will provide the SAA with the means to manage and administer the LfASI grant. The proper management and administration of these funds ensures that each project listed wi11 be fulfilled, or partially fulfilled,more _ efficiently while remaining €n compliance with the D H S Federal Fiscal Year 2023 Homeland Security --- 11. Categories and Eligible Activities FY 2023 allowable costs are divided into the following categories for this agreement: planning, Orctanfzatlonal, Exercise, Training, Equipment and Management and Adminlrtratlon. Each categores allowable costs have been listed in the"Budget Detail Worksheet" above, A. Allowable planning Related Casts f-fSGP funds may be used for a range of emergency preparedness and management planning activities such as those associated with the development, review, and revision of the THIRA, SPR, oont€nuity of operations plans, and other planning activities that support the Goal and placing an emphasis on updating and maintaining a current EOP that conforms to the guidelines outlined in GI G 101 v 2.0, Planning efforts may include: a Developing hazard/threat-specific annexes that incorporate the range of prevention, Protection, response, and recovery activities.; • Developing and implementing homeland security support programs and adopting DHS/FEMA national initiatives; a Developing related terrorism and other catastrophic event prevention activities; • Developing and enhancing pleas and protocols; Developing or conducting assessments; o Hiring of fall-or part-time staff or contract/consultants to assist with planning activities (notfor the purpose of hiring public safety personnel fulfilling traditional public safety duties); ■ Materials required to conduct planning activities; m Travel/per them related to planning activities; * Overtime and backfiII costs tin accordance with operational Cost Guidance); s Issuance of ANTI-compliant Tribal identiflcatlon card; r Activities to achieve planning inclusive of people with disabilitles and others with access and functional needs; s Coordination with Citizen Corps Councils for public informationlecluoat€on and developmentof volunteer programs; • Coordinatlon and material support to Citizen Corps Councils and local firehouses for the establishment, training and maintenance of CFRTs Update governance structures and processes and plans for emergency communications; Development, and review and revision of continuity of operations plans; a Development, and review and revision of the THIRAISPR continuity of operations plans; 46 441 e Developing or conducting equity assessments to address planning and preparedness disparities for historically underserved Communities * Activities to achieve planning lnclusive of people with limited English profialancy, Planning efforts can also Include conducting risk and resilience assessments on increasingly connected cyber and physical systems, on which security depends, using the Infrastructure Res€ion ce Planning I=ramework and related Cybersecurity and infrastructure Security Agency(=A) resources. Additionally, SHSP and UASI funds may be used for planning efforts related to state court cybersecurity, 911 call capablltties, alert and warning capabilities, and implementation of the REAL ID Act(Pub. i.., No. 109.13). S. Allowable Organization Related Costs(HSGP and UASl Only) Sub-Recipients proposed expenditures of HSGP or UASI Bands to support organization activities Include; Program Management; ■ Daveiopment of whole community partnerships; + Structures and mechanisms for Information sharing between the public and private sector, ■ Implementing models, programs, and workforce enhancement Initiatives; * Tools, resources,and activities th at facilitate shared situational awareness between the public and private sectors; r Operational Support; w Utilizatlan of standardized resource management concepts; e Responding to an lncraese in the threat level under the Natiornal Terrorism AdvisorySystem (NTA$)or needs resulting from a National Special Security Event; * Reimbursement for select operational expenses associated with increased secu rity measures at critical infrastructure sites incurred (up to 60 percent of the allocation) Migrating online services to the",gov" Internet domain; and • Overtime for Information, investigative, and intelligence sharing activities(up to 50 percerltof the allocation) ■ P'oying salarles and beneffts for personnel to serve as cluallfled intelligence Analysts. Perthe Personnel Reimbursement fo r Intelligence Cooperation and Enhancement(PRICE)of Homeland Security Act, Pub. L. No. 110-412, §2, codified In relevant part, as amended,at6 U.S.C, §609(a), HSGP and UASI funds rrray be used to hire new staff and/or contractor positions to serve as intelligence analysts to enable infformationllnteifigence sharing capabilities, as well as suppokl existing intelligence analysts previously covered by HSGP or UASI funding. See E U.S,C, §809(a). To be hired as an intelligence analyst, staff and/or contractor personnel must moot at least one of the following criteria; * Complete training to ensure baseline proficiency In intelligence analysisand production within six months of being hired; and/or, « previously served as ark intelligence analyst far a minimum of two years either in a federal intelligence agency, the military,or state and/or local law enforcement intelligence unit, o Miring or malritainirrg$toff at SLT T levels to deliver community preparedness training, resources and material to schools,community-based organizations, faith-based institutions and local businesses. * Hiring or maintaining staff positions!contractors/consultants to create, support and maintain CERT or Teen CERT Intelligence Analyst Activities Allowable Coste(HSGP and UAS1) All fusion center analytical personnel roust demonstrate qualifioatlons that meet or exceed competencies identified in the Common Competencies for state, local, and tribal Intelligence Analysts,which outlines the minimum categories of training needed for intelligence analysts.A 47 442 certificate of conir)letion of SUCh trair'611(1 111LISt be on file vvW) the S/kA 11110 following anzulYtic courses have been rev ewed for cornr.Ajarwce with the f"mo (1( fo l P ,('ni "'m' (J,' I Bil qf-Inteill sf and at')prow',,cl by FEMA for wnclusion in the [-M� p4a(imm 1 'uxt V L)ms�nn 'and the V'E,MA IN2 V.t,..N I d I a ivjj ederal pr f These COUrses also rneet analytic training u�qUiHMW4,i its for fusion center analysts set(cm(h ir� 0 J .......... , "I'll 'T Dl-IS Basic Intelhgence and 'Threat Analysis Course(BITAC) (DI IS-008-FIREV) Dl--IS Cr ificaf Th1nlking anct Analytic, Metho(ls (CTAM) (AV VIA-23 1) 4 DHS IntrodUcUon, to Risk Analysis Course 0 D I-i S Intermediz','ae Risk Analysis Com se q OHS PNnciples of Inlejjigence VVrritio,uQ u�Irjd [4,(refjr)g (PjVVT3)(PER-301), 0 F o u n d a t io n s in f n t l Ill g e r i ce Analysis 1"ra i n i n g(FIAT)(WV-0 01-P R E V) a Fundamentals of Suspicious Activity Reporting Analysis (UHS-034-PREEV) 0 Intelligence Analyst Professional Development Program (IAPDP) ... Texas(DHS-032-PREV) 0 Interniediate FLASiOrl Center Analyst Training: Analysis and Terrorism Prevention (CA,026PREV) a Nifernied0te Fusion Center AnMyst Trairiinq: Strategic Ar4yshs aind Orval Briefings (CA 025- PREV) a Law E riforcement Analyst Prograryi (1-1-0(124113 EV) 0 OIDNI Analysis 101 (DHS-007-PREV) 0 Suspicious Activity Reporting' 'rhe Analytic Role(DFl E3-035-P REV) a Terrorism intelligence Analysis (CA-018-PREV') States and Urban Areas must justify proposed expenditures of f4SGP or UASI funds to support organization acfivifles wifl)in their W submission. All Urban Areas are allowed up to 50 percent (50%) of their UASI funding for personnel costs, At the request of a Sub-FRecipient of a grant, the FEMA Administrator may grant a waiver of the 50 percent(50%) limitation noted above. Reqw,,iest for waivers to the personnel cap MUst be submitted by the SAA to G,PD in writing on official fettefhead, with the following inforrnafion� • Docurnentation explaining why the cap should be waived; • Conditions Under which the request is being submitted, and • A budget and rnethod of caicujation of personnel costs both in percentages of the grant award; and iin total dollar annount. To avoid supplanting issues, the request u11LJSI also include athree- year staffing history for the requesting entity. Organizational activities under HSGP arid UASI include: Operation at Overtime Costs. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for increased protective security rneasures at critical infrastructure sites or other high-risk locations and to, enhance public, safety during mass, gatherings and high-profile events In that regard, HSGP &ib.-Recipients are urged to consider using grant funding to support soft target preparedness activities, HSGP or UAS1 funds niay be used to support select operational expenses asso(.,,jated with increased security measures in the authorized categories cit(ad below: Backfill and overtime expenses for staffing State or Major Urban Area fusion centers; Hiring of contracted security for critical, infrastructure sates„ Participation in Regional Resiliency Assessifnerit Program (RRAP) activities; 9 Public safety overtime; o Title 32 or State Active-Duty National Guard depJoyments to protect critical'i infrastructure sites, including all resources that are part of the.,standard stational Guard deployment pad age(Note: 48 443 Consumable casts,such as fuel expenses, are not allowed except as part of the standard National Guard deployment package); * Increased border security activities In coordination with G13P; . * National Terrorism Advisory System; * Designated National Security Events; * Special Event Assessment Rating(SEAR) Level 1 through 4 Events +*States of Emergency; • National Wlcal Infrastructure Prioritization Program(NCIPP); * Directed Transit Patrols; and * Operational Support to a Federal Agency. Operational Overtime Requests: Except for an elevated NTAS alert, HSGP or UASI funds may only be spent for operational overtime costs upon prlor written approval by FEMA. The SAA must submit operational overtime requests in writing to its assigned rEMA Program Analyst(PA), FERIA will consider requests for special evert activities up to one year in advance. Howevar, such requests must be within the award's current period of performance and must not result in the need for a request to extend the perlod of performance. * All operational overtime requests must clearly explain how the request meets the criteria of one or more of the categories listed above. Requests must address the threat environmental it relates to the event or activity requiring operational overtime support and explaln how the ovedme activity i$responsive to the threat, * Post event operational overtime requests will only be considered on a Gase,by�case basis, where it is demonstrated that exigent circumstances prevented submisslon of a request in advance of the event or activity. * Under no circumstances may DHSIFEMA grant funding be used to dray for costealready supported by funding from another federal source. * States with UASI jurisdictions can use funds retained at the state level to reimburse eligible operational overtime expenses incurred by the state(per the above guidance limitations),Any tlASl funds retained by the state must be used in direct support of the high-risk urban area. States must provide documentation to the UAWG and DI­I8IF2MA upon request demonstrating how any UASI funds retained by a state would directly support the Ngh•risk urban area, * .FEMA will consult and coordinate with appropriate DHS components as necessary to verify Information used to support operational overtime requests, Personnel Costs (HSGP and UASI) Personnel hlring, overtime, and backfill expenses are permitted under this grant to perform allowable HSGP planrring,training, exercise, and equipment activities, Personnel may include but are not limited to training and exerclse coordinators, program managers for activities directly associated with HSGP and UASI funded activities, intelligence analysts, and Statewide interoperability coordinators(SWICs), Sub-Reciplents should refer to Information Bulletin No.421b, Clarification an the Personnel Rairnbursement for Intelligence.Cooperation and Enhancement of Homeland 5ecudty Act of 2008(Public Law 11 D--^412—the PRICE Act), October 30, 2019, HSGP funds may not be used to support the hiring of any personnel to fulfil traditional public health and safety duties nor to supplant traditional public health and safety positions and responsibilities, The following definitions apply to personnel costs, * Wring.State and local entities may use grant hmd)ng to cover the salary of newly hired personnel who are exclusiveiy undertaking allowable 1)HSIFEMA grant activities as specified in this guidance, This may not include new personnel who are hired to fulfill any non- DHS/FFMA program activities under any circumstances. Hiring will always result in a net Increase of Full Time Equivalent(FTE)employees, 49 444 Ovarllme.These expenses are limited to the additional costs that result from personnel working over and abave40 hours of weekly work time as the direct result of th e I r p e rfo rma n ce of DF•ISIMMA-approved activities specified In this guidance.Overtime associated with any other activity is not eligible, Sack ilbRelated Overttme.Also called"Overtime as l3ackM,"these expenses are firrrited tc7 overtime costs that result from personnel who are working overtime(as Identified above) to peAbrrn th-e dutles of other personnel who are temporarily assigned to DHS/FEMA-approved - activities outside their cart) responsibilities. Neither overtime nor backfIll expenses are the result of an Increase of FTB employees, Supplanting. Grant fonds wilt be used to supplement eMsfing funds and will not replace (supplant) funds that have been appropriated for the same purpose.Applicants or recipients may be required to supply documentation cortify]ng that reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds C. Allowable Or_ganlxation Related Coate(OPSG) Porsonnel Costa., OPSG funds may be used for dcrrriestic travel and per diem, including costs associated with the deployrnentrredeploymentof pemonnol to border araas anti for travel associated with law enforcement entities assisting other local Jurlsdctions in law enforcement activities(travel costs must be in accordance with applicable travel regulatlons), Up to 50 percent of an OPSG award may be used to pay for all personnel costs(only to the extent — —that such expenses are for the allowable activities within the scopo of the grant),At the request of a recipient or Sub-Rgclplent, the FNMA Administmtor(or designee) may waive the 60 percent personnel crap,Waiver decisions are at the discrobon of the l"PMA Administrator and will bo considered an a case-by-case basis, Further, changes In scope or ob)eotive also require FBMA's prior written approval pursuant to 2 CY R. §200.808(c)(1)(1).A formal OPSG personnel waiver request should; w Be on official letterhead, include a written Justification, and bo signed by the local j urisd lotion. • include a budget and method of calculation of personnel costs both in the percentage ofthe grant award and in total dollar amount, reflecting the change In scope or objective to the project. * f noWde an approved Operations Order from the USBP Sector office that supports the local jurisdiction's written justification, ■ Be 000rdinated with the USIBIP Sector, SAA, and the OHSICBP Office of the Border Patrol (Ot3P), As with all OPSG personnel costs, OPSG grant funds shall be used to supplement existing funds and will not replace(supplant) funds that have been appropriated for the same purpose.AppVcants or recipients may be required to supply documentation certifying that a reduction in non-federal resources occurr eU for reasons other than the receipt or expected receipt of federal funds, Temporary or Term Appointments * Sub-Reciplants may utilize temporary or term appointments to augment the law enforcement presence on the borders, However, applying funds toward hiring full-time or permanent sworn public safety officers is unallowable. • 0PSG-funded temporary or term appointments may not exceed the approved period of performance, • For OPSG purposos, temporary appointments are non-status appointments for less than one year, • For DPSG purposes, term appointments are non-status appointments for one year, extendable for one year as necessary. M 0PSG funding for temporary or term appointments may pay for salary only, Benefits are not allowable expenses for term or temporary employees. 54 445 • OPSG remains a non-hiring program.Appropriate uses of temporary or term appointments Include: • To carry out specific enforcement operations work for ongoing OPSG-funded patrols throughout the Sector Area of Operation, • To staff operations of limited duration; such as OPSG-enhanced enforcement patrols targeting specific locations or criminal activity; and, • To fill OPSG positions in activities undergoing transition or personnel shortagesand local baokfill policies (medleailmilitary deployments), • OPSG term and temporary appointments must have all necessary certifications andtralning to enforce state and local laws. ( PSG funds will not be used to train or certify term or temporary appointments except as otherwise stated in the OPSG section of the Preparedness Grants Manuel and the HSGP NOFO. • In addition to these terms Sub-Reciplents must follow their own applicable policies and procedures regarding temporary or term appointments. Operational Overtime Costs: OPSG funds should be used for operational overtime costs associated with law enforcement activities In support of border law enforcement agencies for Increased border security enhancement. Overtime pay is for enhanced patrol for certified public safety officers, along limited support for other law enforcement direct support personnel(e,g,, Communication Officers/Dispatchers, non-sworn patrol pilots, etc.). Overtime shall be reimbursed consistent with the non-federal entity's overtime policy and the requirements as stated below: • Overtime is time worked that exceeds the required number of hours during an employee's designated shift, • Overtime must be worked to increase patrol capacity and be in support of Identifiedand approved USBP border security operations. • The OPSO overtime hourly rate of pay will be no more than the approved overtime rate per local law and policy and must be in accordance with applicable State and Federal regulations, • All overtime expenses under OPSG must be reasonable for the services rendered and conform to the non-federal entity's established written policy,which must apply to both federally funded and non-federally funded activities and comply with the other applicable requirements under C.F,R. §§200A30-200.431. • The non-federal entity may not utilize OPSG funding to pay for an employee's overtime houra or pay that exceeds 16 hours worked in any 24-hour period, Unolllowable Costs (OPSG) OPSG unallowable costs Include costs associated with evidence collection, arrest processing, prosecution,and Traff€c101Ji checkpoints, such as evidence documentation cameras, fingerprinting supplies, alcohol breathalyzers, portable work lights, traffic barricades, and similar law enforcement expenses.Additional unallowable costs also include costs associated with staffing and general IT computing equipment and hardware, such as personal computers, faxes, copy machines, modems, etc, OPSG is not Intended as a hiring program, Therefore, applying funds toward hiring full-time or permanent sworn public safety officers is unallowable. OPSG funding shall not be used to supplant inherent routine patrols and law enforcement operations or activities not directly related to providing enhanced coordination between local and federal law enforcement agencies. Finally, construction and/or renovation costs, and exercise expenses are prohibited under OPSG. D. Management and Administration (M&A) Management and administration (M&A)aotivities are those directly relating to the management and administration of HSGP funds, such as financial management and monitoring. Sub-Reoiplents awarded M&A costs under this agreement can retain a maximum of up to 5%of their total agreement award amount for M&A costs, Allowable M&A activities Include: • Hiring of full-time or part-time staff or contractors/consultants: 51 446 • To assist with the management of the respective grant program. To assist with application requirements. +� To assist with compliance reporthg and data collection requirements. # Development of operating plans for information colisctfon and p=essing necessaryto respond to DHSlFEMA data calls o _ Overtime and backfill casts. . . a Travel - s Meeting related expenses # Authorized office equipment + Recurring expenses such as those associated with ceff phones and faxes dutfng the perivdof performance of the grant program Leasing or renting of space for newly hired personnel during the period of performance of the grant program ■ Completing the civil Rights Evaluation Tool # Conducting activities related to evaluating project effectiveness for HSGP-funded projects Managoment and Adrninlatratllon(M&►A)(OPSO) Management and admINstratlon (M&A)activities are those directly relating to the management and administration of OPSG funds,such as financial management and monitoring,Recipients may retain --up-to--2—,Wo of-the-ova funding to Sub-Reolp!Qnts, This funding must be deducted in an equal percentage from each Sub-Recipl©nt. S_-_RR]&nts - frlendly forces may retain funding for M&A purposes; however,the total amount retained cannot exceed a percent of the Sub-Reolplent's sulaaward. Friendly forces are local law enforcement entitles Mat are subordinate sofa-Reclplaots under OPSG. dr+other words, frlohdly forces are entitles that receive a subaward from a Sub-Recipient under the ❑PSG program. Friendly forces must comply with all requirements of Sub-Recipients under 2 C.F,R. Part 200. E. Allowa'blo Equipment Related Goats jSHGP and UASQ The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories for HSOP are Iisted on the Authorized Equ(prent List AFL). The AEL Is available at https:ll�vww.fema,gov/authorized-equipmenWist. Some equipment items require prior approval from DH51FEMA before obligation or purchase of the items, Please reference the grant notes for each equipment item to ensure prior spprovaI Is not required or to en8urO prior approval is Obtalned it necessary. Unless otherwise stated, all equipment roust meet all mandatory regulatory andlor OHWF'E~IVIA-radopted standards to be eligible for purchase using these funds. In addition, reclpients will be responsible for obtaining and malntaining all necessary certifications and licenses for the requested equipment. Grant funds may be used for the procurement of medical countermeasures. Procurement of medical countermeasures must be conducted In collaboration with State/eltyllocal health departments who admiMster Federal funds from 1-IH9 for this purpose, Proaurernent.must hove a sound threat-based justification with an aim to reduce the consequences of mass casualty inoldents during the first crucial fours of a response. Prior to procuring pharmaceuticals, grantees must have in place an inventory management plan to avoid largo periodic variations in supplies due to coinoiding purchase aid expiration dates. Grontees are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year's period of performance for HSGP.The cost of disposal cannot be carried over to another F'EMA grant or grunt period. The equipment, goods, and supplles("the eligible equ)pment")purchased with funds providers under this agreement are for the purposes specified in "Florida's Domestic Securlty Strategy". Equipment puroMsecd with these funds will be utilized 1n the event of emergencies, including, but not iirni€ecd to,terra dern-related hazards. The SO-Recipient shbll place the equipment throughout the State of Florida in such a manner that, In the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed 52 447 location within two(2)hours of a request for said deployment. The Florida Division of Emergency Management(FDEM) must approve any purchases of equipment not Itemized In a project's approved budget In advance of the purchase. The Sub-Recipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the"Florida Domestic Security Strategy,"ensure that all equipment purchased with these funds is used to respond to any and all incidents within its regional response area as applicable for so long as this Agreement remains In effect. prior to requesting a response, the FDEM will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. Allowable Equipment(OPSG) OPSG equipment is Intended to be incidental to the enhanced border security operations being performed. The grant Is not intended to be used to outfit or supply general equipment to SI TT law enforcement agencies. Equipment must be relatable to and justified by the operational benefit it will provide, • Equipment Marking. Because equipment purchased with 4PSO funding Is Intended to be used to support OPSG activities, it may be appropriately marked to ensure its ready identification and primary use for that purpose, When practicable, any equipment purchased with OPSG funding should be prominently marked as follows: "Purchased with DHS funds for Operation Stonegiarden Use • Fuel Cost and/or Mileage Reimbursement. There Is no cap for reimbursement of fuel and mileage costs In support of operational activities. ❑ Vehilole and Equipment Acquisition, Including teasing and rentals:Allowable purchases under OPSG include patrol vehicles and other mission-specific equipment whose primary purpose is to increase operational capabilities on or near a border nexus in support of approved border security operations. A detailed justification must be submitted to the respective FENIA HQ Program Analyst prior to purchase, • Medical Emergency Countermeasures: Allowable purchases under OPSG include narootlo antagonist pharmaceuticals, detection and identification equipment, safe storage and transportation, personnel protective equipment, and initial equipment training, as will be reflected In the A£t.and explained in iS 438. Additional Equipment Information FEMA Policy 207-22-0002: Prohibited or Controlled Equipment tinder FEMA Awards establishes both a prohibited equipment list and a controlled equipment list, Prohibited Equipment List: Identifies Items that are prohibited from purchase under FEMA awards. The list also Includes exceptions for otherwise prohibited items that are allowable under certain circumstances, as well as procedures for obtaining FEMA approval for those items. Subrecipients should refer to applicable program guidance or contact appropriate SAA program staff to determine whether a particular type of equipment is allowable under a specific grant program.The list of prohibited items Includes, but Is not limited to. ❑ Weapons,weaponlzed aircraft, vessels, and vehicles of any kind 11 Weaponized drones and weapona systems ❑ Ammunition ❑ Explosives ❑ Armored and Tactical Vehicles, with certain exceptions 53 448 Controlled Equipment List: Identifies certain items that may only be purchased with FEMA awards if additional Certifications and controls are imposed on their acquisition or use, Even If equipment is listed as controlled equipment arrd is not outright prohibited, that does not automatically make it aliow-able under a particular FEMA program. Sobrec:lplonts should refer to applicable program guidance or contact applicable SAA program staff to determine if a particular type of equipment is _ --_ allowable under that program. The list of controlled items Includes, but Is not limited to'. 11 Manned Aircraft, Fixed and Rotary Wing 0 Unmanned Aircraft Systems(UAS)and Small Unmanned Aircraft Systems(SUAS) Cl Kinetic Entry/Breaching Apparatus Grant suhrecipients may not modify oquipmentaoqu{red using fedderal resources In a manner that would cause it to be considered prohlbitod equipment, In addition, grant recipients and su breolp le nts may not modify equipment acquired uslncg federal resources that would cause It to be considered controlled equipment, absent spedflc written approvaf from FEMA and adherence to ail refevarrt requirements. F. Unallowable Equipment Costs(HSQP, UASI and GPSG) Per FEMA policy, the purchase of weapons and weapons accessories, Including ammunition, is not allowed with HSGP funds, Great funds may not be used fOr the purohnse of equipment not approved by f3 S/Ft~X Grant funds must cor�iply witifl� �C-and-rr+ay-oat be used-far the-purehese-of-the --- — —following equipment: equipment: • Firearms; ammunition; grenade launchers; bayone#s; or weeponixed aircraft, vessels,or vehicles of any kind with weapons installed. • Unauthorized exerclse�rolated costs include: « Reimbursement for the maintenance or wear and tear costs of general use vehicles (e.g., construction vehicles), medical supplies, and emergency response apparatus (e.g., fire trucks, ambulances). p Equipment that is purchased for permanent installation and/or use, beyond the soope of the conclusion of the exercise(e.g., electronic messaging sign), G. Requirements for Small Unmanned Aircraft System (SFI8I3,UASI,and ❑PSG) Ail requests to puro4ase Small Unmanned Aircraft Systems(SUAS)with FEMA grant:funding must comply with I13426 and IS 438 and include a description of the policies and procedures In place to safeguard individuals' }privacy, dvll rights, and civil liberties of the jurledictlon that will purchaso, take title to or 0the0JVI$e use the SUAS equipment. H. Acquisition and Use of Technology to Mitigate UAS(CoQnter.UA$) Prior to the testing, acquisition, installation, or use of UAS detection and/or mitigation systems, Sub-Recipients should seek the advice of counsel experienced with both federal and state criminal, surveillance, and comrnunicatlons laws. Sub-Recipients should conduct their own legal and technical analysis of each UAS detection and/or mitigation system and should not rely solely or)vendors'representations of the systems' legality or functionallty, For further information please see the DH5 press release on this topic: https:ll�vww.dhs.gQvinews�202L)1081� linteragency_ issues-•advisory-use-technology-detect and-mitigate-unmanned-aircraft. I. Allowable"training Related Costs(SHGP and UASI) Allowable train€ng-related costs under HSGP Include the establishment, support, conduct, and attandance of fraiNng specifically identified under the I-ISGP and UASI programs and/or in conjunction with emergency preparedness training by other Federai agencies(e.g., HHS and DOT), Training conducted using HSGP funds should address a performance gap identified through an AARV or other assessments[e.g., Naticwal E rmergsncy Communications Plan NECP Goo] Assessments)and contribute to bulIding a capability that will be evaluated through a formal exercise, Any training or training gaps, including those for children, older adults, prognant women,and individuals with disabilities and others who also have access or functionai needs, should be ldantifled in the AARMP and addressed In the state or Urban Area training cycle. Sub-Recipients are 54 449 encouraged to use existing training rather than developing new courses. When developing new courses, Sub-Recipients are encouraged to apply the Analysis, Design, Deve@opment, Implementation and Evaluation (ADDIE) model of instructional design. Allowable training activities include: • Overtime and backfill for emergency preparedness and response per sonnelattencling DHS/FEMA-sponsored and approved training classes • Overtime and backfill expenses for part-tirne and volunteer emergency response personnel participating in DHS/FEMA training • 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/consultants • Travel • Supplies associated with allowable approved training that are expended orconsurned during the course of the planning and conduction of the exercise project(s) instructor certification/re-certification Coordination with Citizen Corps Councils in conducting training exercises Preparedness training for community preparedness initiatives and programs Interoperable Communications training Activities to achieve training inclusive of people with limited English proficiency Immigration enforcement training Additional Training Information Per DHS/FEMA Grant Programs Directorate Policy 1B 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, issued on July 19, 2018, states, territories, Tribal entities and high-risk urban areas are no longer required to request approval from FEMA for personnel to attend non-DHS FEMA training as long as the training is coordinated with and approved by the state, territory, Tribal or high-risk urban area Training Point of Contact(TPOC) and falls within the FEMA mission scope and the jurisdiction's Emergency Operations Plan (EOP), The only exception to this policy is for Countering Violent Extremism courses. OHS/FEMA will conduct periodic reviews of all state, territory, and Urban Area training funded by DHS/FEMA. These reviews may include requests for all Course materials and physical observation of, or participation in, the funded training, If these reviews determine that Courses are outside the scope of this guidance, Sub-Recipients will be asked to repay grant funds expended in support of those efforts. For further infornnafion on developing Courses using the instructional design methodology and tools that can facilitate the process, TPOCs are encouraged to review the NTED Responder Trainfng DevaWpmeml Center(R11)(.3)website. DHSIFEMA Provided Training. These trainings include programs or courses developed for and delivered by institutions and organizations funded by DHS/FEMA. This includes the Center for Domestic Preparedness (CDP), the Emergency Management Institute (EMI), and the National Training and Education Division's (NTED)Training Partner Programs (TPP). TPP includes the Center for Homeland Defense and Security, National Domestic Preparedness Consortium (NDPC), Rural Domestic Preparedness Consortium (RDPC), and training partners through the Continuing Training Grants program. Approved State and Federal Sponsored Course Catalogue. This catalogue lists state and Federal sponsored courses that fall within the DHS/FEMA mission scope and have been approved through the FEMA course review and approval process. An updated version of this catalog can be accessed at: www.firstrespondertraining.gov. Training Not Provided by DHSIFEMA, These trainings include C0UrSeS that are either state sponsored or Federal sponsored (non-DHS/FEMA), coordinated and approved by the SAA or their designated 55 450 TPOG, and fatf within the ONSiFEMA mission scope to prmpare state, iacM, Tribal, andterritoriai personnel to prevent, protect against, mitigate, respond to,and recover from acts of terrorism or catastrophic events. : State Sponsored Couraes.These courses are developed for and/or dolivered byinstltutions or organizations other than Federal entitles or F EMA and are sponsored iay the SAA or their de8lgnated TPOC. • Joint'Trainino and Exercises with the Public and Private Sectors. These courses are sponsored and coordinated by private sector entitles to enhance public-private partnerships for.trajnr ng personnel to prevent, p1lotect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. In addition, Stakes, territories, Tribes, and Urban Areas are encouraged to incorporate the private sector in government-sponsored training and exercises. Additional information on both DHSIFEiviA provided training and other federal and state tralning can be found at: www.firstrespon0ertraining.gov, Training information Roporting System:("Web-Forms"),Web-Forms is an electronlo formidata management systern built to assist the SAA and Its designated state, territory end Tribal'Tratning Point of ontaot_(`f PAC-)�C eporting_tr�in�g cti_vities through Web-Forms is not required under F'Y 2023 HSGP, however, the system remains avall'ble and can be accessed through the f�EivfA 7"aoRiMwateTaf https://www,firstrr,spondertraining.govlfrtlwebforrns in order to support grantees in their own tracking of training deliverles. FDEM State Training[office Conditions: For the purposes of this Agreement, any training course listed an the OHS approved course catalog qualifies as an authorized course, The Sub-Recipient can successfully complete an authorized course either by attending or conducting that course, in order to receive payment for successfully attending an authorized training course, the Sub- RecipJent shall provide the Division with a certificate of course completion; additionally, the rub-Reciplant shall provide the Divislon with all receipts that document the costs incurred by the Sub-Realplent in order to attend the course, w in order the receive payment for successfully conducting an authorized course, the Sub- Reciplent shall provide the ❑!vision with the course materials and a roster sign-in sheet; additionally, the Sub-Reciplent shall provide the DIvlslon with all receipts that documentthe costs incurred by the Sub-Recipient in order to conduct the course." * For courses that are non-DHS approved training, Sub-Recipient shall request approval to conduct training through the use of the Non-TED Farm and provide a copy, along withemall, showing approval granted for conduct. e For the conduct of tralning workshops, Sub-ReOpient shall provide a copy of the course materials and sign-in sheets, w The number of participants shall be a minimum of 15 In ardor to justify the cost of holding a course. For questions regarding adequate number of participants please contact the FDEM estate Training Officer for course specific guidance. Unless the Sub-Reeiplont receives advance written approval from the State Training Officer far the number of participants,then the Division shall reduce the amount authorized for relmbursement on a pro•rata basis for any training with fess than 16 partfcipants, The Sub-Recipient shall include with the reimbursement paokaga a separate copy of the page(8)from the mate(and County or Regional) Integrated Preparedness Plan (IPP) reflecting the training, 56 451 Certain training activities require Environmental Planning and Historic Preservation (EHP) Review, including exercises, drills or training that require any land, water, or vegetation disturbance or building of temporary structures or that are not located at facilities designed to conduct training and exercises. Please reference the EHP sections in the NOFO and this Agreement for more information. J. Allowable Exercise Related Costs Exercises conducted with grant funding should be managed and conducted consistent with HSEEP, HSEEP guidance for exercise design, development, conduct, evaluation, and improvement planning is located at httpc IrLc -�' p, �fflgtgf�_ y, �e Allowable,exercise activities include: e Design, Develop, Conduct, and Evaluate an Exercise 0 Fufl or part-time staff or contractors/consultants.. a Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA exercise 0 Implementation of FISEEP a Activities,to achieve exercises inclusive of people with disabilities and others with access and functional needs 0 Travel a Supplies associated with allowable approved exercises a Interoperable communications exercises Additional Exercise Information Sub-Recipients that decide to use HSGP funds to conduct an exercise(s) are encouraged to complete a progressive exercise series. Exercises conducted by states and high risked Urban areas may be used to fulfill similar exercise requirements required by other grant programs. Sub-Recipients are encouraged to invite representatives/planners involved with other Federally mandated or private exercise activities. States and high risked urban areas are encouraged to share, at a minimum, the multi-year training and exercise schedule with those departments, agencies, and organizations included in the plan, o Validating Capabilities. Exercises examine and validate capabilities-based planning across the Prevention, Protection, Mitigation, Response, and Recovery mission areas. Theextensive engagement of the whole community, including but not limited to examining the needs and requirements for individuals with disabilities, individuals with limited English proficiency, and others with access and functional needs, is essential to the development of an effective and comprehensive exercise program. Exercises are designed to be progressive— increasing in scope and complexity and drawing upon results and outcomes from prior exercises and real- world incidents—to challenge participating communities. Consistent with Homeland Security Exercise and Evaluation Program guidance and tools, the National Exercise Program(NEP) serves as the principal exercise mechanism for examining national preparedness and measuring readiness. Exercises should align with priorities and capabilities identified in an IPR 0 Special Event Planning. If a state or Urban Area will be hosting a special event(e.g., Super Bowl, G-8 Summit), the special event planning should be considered as a training or exercise activity for the purpose of the 1PP. States must include all confirmed or planned special events in the ]PP. The state or Urban Area may plan to use HSGP or UASI funding to finance training and exercise activities in preparation for those events. States and Urban Areas should also consider exercises at major venues (e.g., arenas, convention centers) that focus on evacuations, communications, and command and control. 0 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 IPP. 57 452 Role of Nora-Govorxrrmental Entities In Exorcises, pion-governmental participation in all levels of exercises is strongly encouraged. leaders from non-governmental entities shouldbe Included In the planning, design, and evaluation of an exercise. State,local, Tribal, and territorlal,jurisdjctions are encouraged to develop exercises that test the integration and use of non-governmental resources provided by nori-governmental entities, defined as the private sector and private non-profit, faith-based, community, participation In exercises should be ccordinated vvith-the fQca1 Oken Corps Councils)or their equivalent and other partner agencies. FDEM State Tralning OffIce conditions for Exeralsew For the purposes of this Agreement, any exerclse which is oompliant with HSEEP standards and contal nod In the State of Florida (and County or regional) IPP qualifies as an authorized exercise. The Sub-Recipient can successfully cornplete an auth&zed exerelse either by attending or conducting that exercise, • iri order to receive payment for successfully attending an authorized exercise,the Sub- Recipient shall provide the D Walon with a cartiflcate of compJeftn or similar correspondence signed by the individual in charge of the exercise; additionally, the Sub-recipient shall provide the Division with all receipts that document the costs incurred ley the Sub•Recipientin order to attend die exercise, -- --- ---In-order-the-receive-pay ment far-rucGessfu€Iy-conducting-an-authorized exercise,-the- Recipient shaft provide the WiV%ion with art ExP,f AN, AARIIP, IPCIMPCIFPC Meeting Minutes and Sign-in Sheet for exercise attendees; additionally, the Sub-Roclpient shall provides the Division with all receipts that document the costs incurred by the Sub-Reolplent in order to conOuct the exercise. rho Sub-Reciptant shall lrrcludig grill?the raimbursement package a separate copy of the pages) from the Exemise Plan which identifr'es the padicfpant agencies anrf a printed page(s)from the State(and County or Regional)Op refdacting the exerofse. ■ If you require food/water for this event, tha request shall come to the IDIvisIon within 25 days prior to the event, in the fallowing format: Exercise Title: Location: Exercise pate: 5xerdse Schedule: Estimated Number of Participants that will be fed, Estimated Cost for food/water: Description of the Exercise: Certain ®xerclse activitlee requim EnvironmenWI Planning and fttorlc Prosorvation(F.HP) Review, including exerellseaf drills or training that require any land,water, or vegetation disturbance or building of temporary structures or that are not located at facllitles designed to conduct training and exerels", Please reference the EHP sections In the N OFO and this Agreement for more informatiom K, Malntenance and Sustainment(SHSP, UASI,and OPSG) The use of DHS/F-EMA preparedness grant funds for maintenance contracts,warranties, repair or replacement costs, upgrades, and user fees are allowable, as described in FEMA Policy FP 205-402- 125-1 under all active and future grant awards, unless otherwise noted,Except for maintenance plans or extended warranties purchased Ir ddental to the&gjrta!purchase of the equipment, the period covered by maintenance or warranty plan small not exceed tha POP of the specific grant funds used to purchase the plan or warranty. Grant funds are intended to support the Goal by funding projects that bulid and sustain the core capabilities necessary to prevent, protect against, mltlg ate the effects of, respond to, and recover 58 453 from those threats that pose the greatest risk to the security of the Nation, in order to provide recipients the ability to meet this objective,the policy set forth In FEMA's Ig 379, Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DIMS/FEMA Grant Funding, Initialfyfor FY 2007-2011, allows for the expansion of eligible maintenance and sustainment costs which must be in (1)direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities In the five mission areas contained within the Goal, and (4)shareable through the Emergency Management Assistance Compact.Additionally, eligible costs may also be In support of equipment,training, and critical resources that have previously been purchased with elther federal grant or any other source of funding other than DHS/FEMA preparedness grant program dollars. L. Low Enforcement Terrorism Provention(L.E'TP)Activities Allowable Costs LE,TP Activities eligible for use of L ETPA focused funds include but are not limited to: s Maturation and enhancement of designated state and major Urban Area fusion centers, Including Informatlon sharing and analysis,threat recognition, terrorist Interdiction, and intelligence analysts training and salaries; Coordination between fusion centers and other intelligence, operational, analytic, or investigative efforts Including, but not limited to Joint Terrorism Task Forces (JTTFs),Field Intelligence Groups (FIGS), High Intensity Drug Trafficking Areas(1-IIOTAs), Regional Information Sharing Systems(RfSS)Centers, criminal intelligence units, real-time crime analysts centers and DHS intelligence,operational, analytic, and investigative entitles; Regional counterterrorism training programs for small, medium, and large jurisdictions to exchange information and discuss the current threat environment,lessons learned, and best practices to help prevent, protect against,and mitigate acts of terrorism; Support for coordination of regional fuV-scale training exercises (federal, state, and locallaw enforcement participation)focused on terrorism-related events; • Law enforcement Chemical, Biological, Radiological, Nuclear,and high yield Explosives detection and response capabilities, such as bomb detectionidisposal capability deployment, sustainment, or enhancement, including canine teams, robotics platforms, and x-ray technology; Implementation and maintenance of the Nationwide SAFE Initiative, Including training forfront line personnel an identifying and reporting suspicious activities, tips/leads, and onilne/social 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 process and fusion centers, including but not ilmited to: Fusion I-iaison Officer(FLO) programs, security programs to protect the facility, personnel, and Information,and the protection of 'privacy, civil rights, and civil Ilbertles, • Implementation of the"if You See Something, Say Something"campaign to raise public awareness of indicators of terrorism and terrorism-related crime and associated efforts to increase the sharing of information with public and private sector partners, including nonprofit organizations, o Note: DHS requires that all public and private sector partners wanting to implement and/or expand the DHS"If You See Something, Say Something" campaign using grant funds work directly with the DIAS Office of Partnership and Engagement(OPIw) to ensure all public awareness materials(e.g.,videos, posters,tri-folds, etc.)are consistent with the OHS% messaging and strategy for the campaign and compliant with the initiative's trademark,which is licensed to OHS by the New York Metropolitan Transportation Authority, Coordination with OPE, through the Campaign's Office (seesay@hq.dhs,gov), must be facilitated by FEIVIA. 59 454 e Increase physical security,through law enforcement personnel and other protective maastiM, by implementing preventive and protective mea,,gures at critical infrastructure site or at-risk nonprofit organizations; r Development of countering violent extremism programs, projects, and initiatives, addressing prevention, intervention, and diversion efforts, including training on roles of law enforcement and how to effectively partner with law enforcement; developing and promoting training spec ifiosIIy for law enforcement executives and-frontlIna-office rs on potential bohav1ors.and Indicators of violent extremism and how to appropriately analyze and report them;supporting community and law enforcement engagement strategies such as table top exercises, rQur� d table everts, town calk meetings, and peer to peer activltles; fundl ng for existing andlor expansion of law enforcement community relations efforts, support for the development of community engagement plans, and joint projects to increase the awareness of violent extremist threats and community mitigation soiutlons; r BuiIding and sustaining preventive radiological and nuclear detection capabilities,including those developed through the Securing the Mas Initletive;and ® 1n tog ration and interoperability of systems and data, such as computer raided dispatch(CAD) and record management systems(RMS),to facilitate the collection, evaluation, and assessment of suspicious activity reports,tipMeads,and onllnelsocial media-basedthreats. M. Low Enforcemont Reactinees(SHSP, UA$1, and OP SG) -- —.. SWoc' t,U SI—or UPS' grant-funds-try-bu requesWe and-may be-approved-on a�ase-by-ease - for Immigration enforcement training Iri support of the border security mission, Requests for training will be evaluated on a case-by-case basis and can only be weed for oertlficmtion In the section 287(g) program provided by UHSIIC�, SHSP, UASl, or OPSG Sub-Recipients with agreements under section 267(g)of file Immilgration and ldatronality Act(8 US,C. § 1357(g))to receive delegated authority for immigration enforcement within their jurisdictions may also be reimbursed for section 287(g) related operational activities with approval from FERIA on a case-by-case basis. For OPSG, Sub�Reoiplents must be authorized by USRP Headquarters and Sectors, and operational activities must be coordinated through a US13P Sector. 0PSG grant fends may be used to Increase operational, material, and technological readiness of SLTT law enforcement agencies. The Delegation of Immigration Authority, Section 287(g)of the Immigration and Nationality Act(INA)program allows a state or local law enforcement entity to enter into a partnership with I[;P, under a joint Memorandum of Agreement.(MOA),to receive delegated authority for immigration enforcement within their jurisdictions. N, Regional Border Projects(aPSGy Sub-Reciplents are encouraged to prioritize the acquisition and development of regional projects on the borders to maximize interoperability and coordination capabilities among federolagencies and with state, local, and tribal law enforcement partners, Such regional projects incfucle: • Communications equipment: • Radio systems and repeatars • Integration with reglonal Intelligence and information sharing effort(i,e, fusioncenters) o Intelligence analysts + 51tuotional Awareness equipment; o License Plate Deader Networks o Vlsuai detection and surveillance systems o Sensor Systems o Radar Systems(for air and/or marine inoursions) ❑Aircraft systems(manned or unmanned) Q. Critical Emergency Supplies(SHSP and UA81) Critical emergency supplies, such as shelf stable products, water, and medical equipment and supplies are an allowable expense under 51­1SP and UASI. Prior to the Wfooatlon of grant funds for stockpiling purposes, each stats must have DWSIFEMA's approval of a five-year viable 60 455 Inventory management plan, which should Include a distribution strategy and related sustainment costs if planned grant expenditure is over$100,000,00. If grant expenditures exceed the minimum threshold, the five-year inventory management plan will be developed by the recipient and monitored by FBMA. FFMA will provide program oversight and technical assistance as it relates to the purchase of critical emergency supplies under UASI. FBMA will establish guidelines and requirements for the purchase of these supplies under UASI and monitor development and status of the state's inventory management plan, P. Construction and Renovation (SMSP and IJA,SI) Project construction using SHSP and UASI funds shall not exceed the greater of$1,000,000 or 15%of the grant award, For the purposes of the limitations on funding levels, communications towers are not considered construct€on. Written approval must be provided by IDHSIFEMA prior to the use of any HSGP funds for construction or renovation. When applying for construction funds, recipients shall submit evidence of approved zoning ordinances, architectural plans, and any other locally required planning permits.Additionally, recipients are required to submit a SF-424C form with budget detail citing the project costs,and an SF-424D Form for standard assurances for the construction project. Recipients using funds for construction projects must comply with the Davis-Bacon Act(codified as amended at 40 VS,C.§§ 3141 et seq.). Recipients shall ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character like the contract work In the civil subdivision of the State in which the work is to be performed.Additional information regarding compliance with the Davis-Bacon Act, including Department of tabor(DOL)wage determinations, Is avaliable online at https:/lw ,ww,do(.gov/whd/govcontracts/dbra.htm. Recipients using funds for construction projects shall also comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F,R. Part 170, Appendix A, the fuil text of which Is Incorporated here by reference in the award terms and conditions, Recipients must comply with the"Build America, Buy America" provisions of the Infrastructure Investment and.fobs Act and B.O. 14006, Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (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; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 66 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured In the United States--this means that all manufacturing processes for the construction material occurred in the United States, The Buy America preference only applies to articles, materials, and supplies that are consumed In, Incorporated into, or affixed to an infrastructure project.As such, it does not apply to toot$, equipment, and supplies, such as temporary scaffolding, brought to the construction site and 61 456 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 of or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the Infrastructure project. Q. Communloadons Towers 1Nhen applying for funds-to constructoornmunioation towers;-Sub-Redplents shall submit evidence that the Federal Communication Commission's Section 106 of the National Historic Preservation Act, pub, L No. 89-'566, as amended, review process has been completed. R. Disposition When original or replacement equipment, including excepted anti controlled items, acquired under a federal award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, except as otherwise provided In federal statutes, regulations, or federal awarding agency disposition instructions, the Sub-Recipient shell request disposition Instructions from FDEM Office of Domestic Preparedness and the State Administrative Agency shall request disposition instructions from federal awarding agency as required by the terms and conditions of the federal award. Excepted or controlled equipment shall not he transferred and shall remain in the possession of the original FEMA grant recipient. -_ --- The Sub-Reclpient-shall-notify-the-MF—M-Offlee of Domestla-P-re pared ness-at:-2555 5hurnard 0a Blvd,,Tal[ahassee, Florida 32399 one(1)year in advance of the expiration of the equipment's posted -- sbegf-life ar normal life expectancy or when It has been expended, The Sub-recipient shall notify the Division immediately if the equipment is destroyed, last, or stolen. S. Ensuring the Proteotion of Civil Rights As the Nation works towards achieving the National Preparedness Goal, it Is important to continue to protect the civil rights of individuals. Sub-Reciplents shall carry out their programs and activities, inc uftg those raWad to the builOng, susfainment, and delivery of care capabilities, In a manner that respects and ensures the protection of civil rights for protected populations. Federal civil rights statutes,such as Section 308 of the Stafford Act, Section 504 of the Rehabilitation Act of 1973, and Title VI of the Civil Rights Fact of 1964,Age Discrimination Act, along with DHS and FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, alga, drsab€flty, Itmited English proficiency, or ecr rtornte status In connection with programs and aotivltles receiving federal financial assistance from FEMA. Monitoring and oversight requirements In connection with Sub-Recipient oomphance with federal civil rights laws are also authorized pursuant to 44 G.F,R Part 7. in accordance with civil rights laws and regufatlons, Sub-Reciplents shall ensure the consisterit and systematic fair,just, and irnpartlai treatment of all individuals,including individuals who belong to underserved communities that have been denied such treatment. T. National Incident Manargernwit System (NIMS) lrnplemenfadort (HSGP, OP$G, UASI 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 Systeftl. and Sub-Reciplents of federal preparedness(non-disaster)grant awards,jurisdictions and organizations must achieve,or be actively working to achieve, all of the NIMS Implementation Objectives.The objectives can be found on the NIMS webpage at https,/lwww.ferna.govlemergency- managersln ims/trnplementation-trail ng, U FintNet FirStNet provides public safety entities with mission-critical broadband deta capabliities and services including, but riot limited to messaging, Image sharing, video streaming, group text, voice, data storage, application, location-based services; and Quality of Service, Priority, and 62 457 Preemption, Public safety entities seeking to enhance their operational capabilities using broadband technology may seek grant funding from appropriate programs to support the following: • Planning for integration of Information technology(IT)Infrastructure, software, and site upgrades necessary to connect to FirstNet Handheld broadband devices including smartphones, feature phones,tablets, wearables, push-to-talk(PTT)devices • Vehicle-mounted or otherwise field operated date devices, such as ruggedized laptops • Network access devices, including portable Wi-F!devices, Universal Serial Bus(USB) modemsldongles, trunk-mounted modems, routers + Customer•Owned and Managed (CORM)broadband deployable equipment,enabling public safety to own and dispatch coverage expansion or capacity enhancement equipment within thelr jurisdlotlon + Broadband device accessorlos that enable efficient and safe public safety operations such as headsets, belt clips, earpieces, remote Bluetooth sensors, ruggedixed cases • Subscriber Identification Modules(SIMs)Wniversal Integrated Circuit 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 safety use which could include, among several other options, enterprise mobility management(EMM), mobile device management(MUM), mobile Virtual Private Network(VPN), Identity services, or cloud service tools Sub-Recipients roust be coordinated with the Statewide €nteroperability Coordinator(SWIC) and FirstNet on the planning, deployment timelines, and operational availability of the network deployment within a specific state or territory and to ensure that project does not conflict with network planning efforts and complies with all technical requirements. FirstNot requires participating agencies to demonstrate a subscription to public safety-prioritized broadband services to purchase FirstNet broadband devices or applications, Sub-Reciplents must 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 entities, V. SAFECOM All Sub-Recipients using preparedness grant funding to support emergency communications systems and equipment must meet applicable SAFBCOM Guidance. Sub-Recipients must be coordinated with the SWIC and the State Interoperability Governing Body(S€GB) to ensure: interoperability and longterm compatibility. W. cybersecurity Sub-Recipients must use HSGP funds for cybersecurity projects that support the security and functioning of critical infrastructure and care capabilities as they relate to preventing, preparing for, protecting against, or responding to acts of terrorism. SubPRecipients of FY 2023 HSCP grant awards will be required to complete the 2022 Nationwide Cybersecurity Review(NCSR), enabling agencies to benchmark and measure progress:of improving their cybersecurity posture. The NCSR Is an annual requirement and Sub-Recipients must complete the first available NCSR offered after this subaward has been issued. X. Procurement 'rhe purpose of the procurement process Is to ensure a fair and reasonable price is paid for the services provided.All procurement transactions shall be conducted in a manner providing full and open competition and shall comply with the standards articulated In: ❑ 2 C.>=,R. Part 200; ❑ Chapter 287, Florida Statues; and, o Sub-Reciplent's local procurement policy. 63 458 To the extent that one standard Is more stringent than another, the Sub-Raclplent shall follow the more stringent standard. For exam pie, if a state statute imposes a stricter requirement Via"a federal regulation, then the Sub-Recipient shall adhere to tho requirements of the state statute. The State of Florida proourernant policy and procedure Is as follows: Ariut ❑oc"urentatfon uirec .._,..._. Shall be carried out using good purchasing practices which may include [gyp to$2,499 certification of written or telephone ctuotes _ $Z, jo but fees Submit summary of 2(f rimirnurn)written quotes, signed by the vendor than 35 000 re resentative. For vendors not on STC; submit documentation of Invitation to Sid �? 3�000 T^ oess i'T'Q R guest fqr PrOpbsgl(RFP)or Intent to fJ_e�o is e I f�1 All Sole Source FDE-M pre-approval is required Alternative Commodities ar Services available to the State via outside contract^ Contract.Source Vehicle. A copy of the executed contract shall be submitted along with addition"l quotes if q3M 70 or GSA 84. Formal Competitive Solicitatloom $36,000 and above and not available on STC include lnvita— rn to 13id(IT13);Reque—st-farProposal (RF-P),-or-Invitation-to-Negotiate (I-TN). Sash— - — -- requires a Scope of Work that meets all statutory requirements and formal posting or pubilcation processes, SuWaclplents shall submit their forrnel so feltation documetitatlon and subsequent vandor selection documentation for approval pricer to Initiating any work. The Division shall review the solicitation and provid0 comments, if any, to the,$vb-Recipient, Consistent with 2 C.F.R. §200,326,the Olvis Ion ahatt reviwv t1 a solicitation For Oompliance with the prcourernent standards outlined in 2 C.1w,R, §200.318 through 206.327 as well as Appendix II to 2 C.F-R. Part 200. Consistent with 2 C.F.R, §200.316(k), the Division shall not substitute its judgment for that of the Sub-Recipient, Whlfe the Sub-Recipient does not need the approval of the I)Msion in order to pubtish a compefitive solicitation, this review may allow the Djvlsion to identify deficiencies in the vendor requirements or In the commodity or service speoifications, The Division's review and comments shall not constitute an approval of the voiicltaticn, Regar,OlOas of the Division's review, the Sub-Reclplerrf rernafns bound by all applicable laws, regulations, and agreement terms. If during !ts review the Dlvlslon identifies any deficiencies, than the [)!vision shall communicate those deficiencies to the Sub-Recipient as quickly as possible. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the 17lvision that the solicitation is deficlent,then the 1)ivlsion may: tj Terminate this Agreement in accordance with the provlslons outlined In paragraph (17)above; end, 0 Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation, Examples of when to use eaoh method; Bid,: Procurement by sealed bidding is a method where bids are publicly solicited through formal advertising, it Is when a Sub-Recipient can establish precise specifications for a commodity or service defining,with specificity, as further outlined in the scope of work. Under this procurement method, the solicitation document used is known as the I°f'10. 5eeied bidding is often utilized when the Sub-Recipient's requirements are known and specific in detail. 64 459 The sealed bid method is the preferred method for procuring construction services and is appropriate when the following conditions are present; ll Complete, adequate, and realistic speolfications or purchase descriptions are available; Ll Two or more responsible bidders are willing and able to compete effectively forthe business; The Sub-Recipient primarily selects the successful bidder based on price.This includes the price- related factors included within the solicitation.Other than the responsibility determination,the Sub-Recipient shall not select a contractor on the basis of non-price-related factors, Sub-Recipients shall publicly advertise the ITEM. The precise manner of advertising depends upon the facts and circumstances of the procurement, subject to any applicable state, local, and/or tribal requirements, Sub-Recipients shall solicit bids from an adequate number of known suppliers. The regulation does not provide specific guidance regarding the method for soliciting additional bids or what constitutes an adequate number of qualified sources. These determinations shall be dependent upon the facts and circumstances of the procurement, subject to any relevant state, local, and/or federal requirements.The general requirements for an ITB are as follows: ❑ The IT0 shall define the items or services including any speolfications and pertinent attachments so potential bidders can properly respond, ❑ The subrecipient shall provide potential bidders sufficient time to prepare andsubmit bids prior to the date set for bid opening. ❑ All bids shall be ripened at the date, time, and location established in the ITB. j ❑ After the official bid opening procedures are completed, the subrecipient shall award a contract to the lowest price bid provided by a responsive and responsible bidder,If specified in the bidding documents, the subrecipient may consider discounts, transportation costs, and life cycle casts to determine which bid is the lowest. If using the Sealed Bidding method of procurement,the subrecipient shall document the procurement history, Examples Of circumstances under which a subrecipient may reject an individual bid include but are not limited to; ❑ The bid fails to conform to the essential requirements or applicable specifications as - outlined in the ITB; ❑ The bid fails to conform to the delivery schedule as outlined in the ITB; ❑ The bid Imposes conditions that would modify the requirements as outlined in the IT13; ❑ The Sub-Recipient determines that the bid price is unreasonable; ❑ The bid Is submitted by a suspended or debarred vendor; and/or ❑ A bidder fails to furnish a bid guarantee when such a guarantee is required. The contract should then be awarded to the responsible and responsive vendor who submits the lowest responsive bid. The 5ubreoipiant shall also provide a justification letter to the Division supporting their selection. at fgr,PMI)j2jaJ: Under this procurement method, the solicitation document used Is also known as the RFP. Proposals are an acceptable method of procurement when the nature of the precurement does not lend Itself to sealed bidding and when a cost-reimbursement contract is appropriate, Through this process, vendors can compete on a cost basis for like Items or services. The request for proposals method of procurement is an acceptable method of procurement,where non-state entities cannot base the contract award exclusively on price or 65 460 price-related factors due to the nature of the service or property to be acquired. Simply put, the Sub-Recipient can describe what it wants to accomplish but the methods or means to socomplish the desired outcome cannot be easily defined. An RI=P is appropriate when the following conditions are present; ❑ The Sub-Recipient cannot base the contract award exclusively on price or price- _ related factors due to-the nature or the service or property to be acquired; ❑ The requirements are less definitive, more development work is required, or there is a greater risk of performance; ❑ Technical capability, past performance,and prior experience considerations playa dominant role in source selection, and/or ❑ Separate discussions with Individual offerors are expected to be necessary after they have submitted proposals. This is a key distinction from the sealed bidding method of procurement where discussions with individual bidders are prohibited and the contract shall be awarded based on price and price-related factors alone. The Sub•Recipiont shall publicize their RIFF,The manner of the advertising depends upon the facts and Circumstances of the procurement, subject to state, local, and/or tribal requirements. Within the advertisement, the Sub-Recipient shall identify all evaluation factors and their relative --- -. Importance.The-fol.lowirtg-providesse_veral Considerations for_dCvelo in -evaluation.factors: . ❑ The evaluation factors for a specific procurement should reflect the subjeatmatter and elements that are most important to the Sub-recipient. ❑ The evaluation factors may Include such things as technical design, technical approach, length of delivery schedules, past performance, and quality of proposed personnel, ❑ The Sub-Recipient may use any one or a combination of source selection approaches as permitted under state, local, endlor tribal laws, regulations, and procedures, and these approaches will often dlf`rer basest on the relative Importance of price or cost for the procurement. If permitted by the Sih-Recipient, written procurement procedures, and applicable state, local, and/or tribal law, the Sub-Reciplent may award a contract to the offeror whose proposal offers the"best value"to the Sub-Recipient. The solicitation shall also inform potential offerors that the award shall be made on a"best value" basis, which should include a statement that the Sub-Recipient reserves the right to award the contract to other than the iowest-priced offeror. ❑ The RF'P shall identify evaluation factors and their relative Importance;however, they need not disclose numerical or percentage ratings orweights. ❑ 1=EMA does not require any specific evaluation factors or analytic process, but the evaluation factors shall support the purposes of the grant or cooperative agreement, The S ub-Recipiant shall consider any response to a publicized request for proposals to the maximum extent practical. In addition to publicizing the request for proposals, non-state entities shall solicit proposals from an adequate number of offerors, providing them with sufficient response time before the date set for the receipt of proposals. Determining an adequate number of sources shall depend upon the facts and circumstances of the procurement, subject to relevant state, local, and/or tribal requirements. The Sub-Reciplent shall have a written method for conducting their technical evaluations of the proposals received and for selecting offerors. When evaluating proposals, FEMA expects the Sub-Reoipient to consider all evaluation factors specified in its solicitation documents and evaluate offers only on the evaluation factors included in the solicitation documents.A Sub- Recipient shall not modify Its evaluation factors after proposals have been submitted without re- opening the solicitation. In awarding a contract that will include options, FEMA expects the Sub- Recipient to evaluate proposals for any option quantities or periods contained in the solicitation if it intends to exercise those options after the contract is awarded. 66 461 The contract shall be awarded to the responsible offeror whose proposal is most advantageous to the program with price and other factors considered. big$etiete: If the Sub-Recipient has determined that an IT8 or an RFP will not result in tho best value,the Sub-Recipient may procure commodities and contractual services using the ITN process. The procurement file shall be documented to support why an ITS and a RFP will not result in best value(287.057(1)(c), Florida Statutes), Contracts that exceed$1 million require a Florida Cartified Contract Negotiator. Contracts more than$10 million In any fiscal year, requires a (project Management Professional on the team. Formal competitive solicitation postings or publication on an organization"s vuebslte will not be accepted as it discourages true competition. Effective FY2023 such postings must be via a public forum for example the Florida Administrative Registry,local newspaper, Otte The Divlslon shall pre-approve all scopes of work for projects funded under this agreement.Also, to receive reimbursement from the DIvlsion, the Sub-Recipient must provide the Division with a suspension and debarment form for each vendor that performed work under the agreement. Furthermore, if requested by the Division, the Sub-Recipient shall provide copies of solicItation documents Including responses and justification of vendor selection, Contracts may Include: State Teruo Contract.A State Terre Contract is a contract that Is competitively procured by the Division of State 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 term contact vendor for commodities or contractual services available on a state term contract from that vendor, Use of state term contracts is mandatory for Florida agencies in accordance with section 287.056, Florida Statutes, Alternate Contract Source: An Alternate Contract Source is a contract let by a federal, state, or local government that has been approved by the department of Management Services, based on a determination that the contract is cost-effective and in the best Interest of the state, for use by one or all Florida agencies for purchases,without the requirement of competitive procurement. Alternate contract soumes are authorized by subsorrWn 207.042(16), Plorida Statutes, as Implemented by Rule 6OA-1.045, Florida Administrative Code. General Services Administration Schedules.The General Services Administration(GSA) is an independent agency of the United States Government. States,tribes, and local governments, and any instrumentality thereof(such as local education agencies or Institutions of higher education) may partioipate in the GSA Cooperative Purchasing Program.). Refer to the appropriate GSA Schedule for additional requiroments. Y. Piggybacking The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The Sub Recipient's written procurement policy shall be submitted to the Division and shall allow for piggybacking.The existing contract shall contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the now contract, Including the Scope of Work, shall be substantially the same as those of the existing contract and approved by the Division, The piggyback contract shall not exceed the existing contract in scope or volume of goods or services. A Sub-Reolpient shall not use the preexisting contract merely as a "basis to begin negotiations"for a broader or materially different contract. 67 462 Section 216.971,Florida Statutes Statutory changes enacted by the Legislature Impose additional requirements on grant and Sub. Recipient agreements funded with federal or state financial assistance. Section 215.971(1) ststeg, An agency agreement that prov{des state financial assistance to a Recipient or Sub-Recipient, as those torms are defined 11 8e0traU16,97, Florida Statutes; or that provides federal financial assistance to a Sub-Recipient, as defined by applicable United States Offfcej of Management and Budget circulars,shall include all of the following: A provision specifying a Scope of►!dark that clearly establishes the tasks that the Recipient or Sub-Reclpient is required to perform, • A provision dividing the agreement into quantifiable units of deliverables that shall be received and accepted In writing by the agency before payment. each deliverable shall be directly related to the Scope of Work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. A provision specifying the financial consequences that apply if the Recipient or Sub- --- Recipient-fails-to-per-forrn-the-mittlm-urL1Qy.!3-1 of selvico rsqulred hy_the agreement, The provision can be excluded from the agreement only If flnencial consequences are -— prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub-Reclpient for failure to perform as required under the agreemenf may be expended only in direct support of the program from which the agreement originated. * A provision specifying that a Recipient or Sub-Recipient of federal or state financial assistance may expend funds only for allowable costs resulting from aoilgat€one incurred during the specified agreement period. » A provision specifying that any balance of unobligated funds which has been advanced Or paid shall be refunded to the state agency. e A provision speclfyinc that any funds paid In excess of the amount to which the Recipient or Sufi-Reclpient€s entltied under the terms and condifions of the agreement shall be refunded to the state agency, Any additional Information required pursuant to s. 215,97. Z Unallowable Procurement Practice$ Noncompetitive Pricing practices; Noncompetitive pricing practices between firMs or between affiliated companies are prohibited, Subrecipients shall undertake reasonable efforts to ensure that Prospective vendors have not engaged in noncompetitive pricing practices when responding to a solicitation, and that they themselves have not when soliciting von-do rs. If noncompetitive prioing Practices are identified,the activity shall be reported to the Division, Below are common noncompetitive pricing practices, e Did rigging,. Occurs when conspiring competitors raise prices under a pro.oess where a purchaser acquires goods or services by soliciting competing bids. Competitors agree in advance who will submit the lowest priced or winning laid on a contract, Bid rigging takesmany forms, but conspiracies usually fall into one or more of the following categories; bid suppression, complementary bidding,and bid rotation. M Bid auppressio►a: Where one or more competltor(s),who otherwise would be expected to bid or who have prevlcusiy bid, agree to refrain from blddIng or with draw a previously aubm}tted bid so that the designated winning compet€tVs bid will be accepted. 68 463 Complementary bidding: Also known as"cover"or"courtesy" bidding, occurs when some competitors agree to submit bids that are either too high to be accepted or contain special terms that will not be acceptable to the buyer. Such bids are not Intended to secure the buyer's acceptance but are merely designed to give the appearance of genuine competitive bidding while making the designated winning compatitor's bid appear most attractive. Complementary bidding schemes are a frequent form of bid rigging. They defraud purchasers by creating the appearance of competition to conceal secretly Inflated prices. + Bid rotation: A scheme where all conspirators submit bids but take turns being the lowest bidder. The terms of the rotation may vary. For example, competitors may take turns on contracts according to the size of the contract, allocating actual amounts to each conspirator, or allocating volumes that correspond to the size of each conspirator company, Z,1 Unique Entity Identifier and System for Award Management(SAM) Sub-Reclpients for this award shall; Be registered in SAM; Provide a valid UEID/SAM number; and Continue to maintain an active IJEI with current information at all times during which it hasan active federal award. Z.2 Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report Is due within thirty(30) days after the end of the reporting periods (March 31, June 30, September 30, and December 31) for the life of this contract. r If a report(s) Is delinquent, future financial reimbursements shall be withheld untijthe Sub-Reoiplent's reporting is current. + If a report goes three(3) consecutive quarters from date of execution without the Sub- Recipient reflecting any activity and/or expenditures it shall result in the issuance of a noncompliance letter, and a written justification shall then be provided. o Based on the Division's determination, the Sub-Recipient shall have thirty(30) days to submit a letter of appeal to the D€vis€on. o Sub-Recipients shall only be allowed one opportunity to appeal. o If the appeal is denied, or if there is no response to the notification of noncompliance, the Sub-Recipient's funds shall be terminated. M If a report goes four(4)consecutive quarters from date of execution without the Sub- Recipient reflecting any activity and/or expenditures, It shall result in terminatlon of the agreement. ��'ofdK�lt�ll $� esrting �c iris . . Reporting Period Report due to FDEM no later than Janua 1 through March 31 April 30 April 1 throw h June 30 July 31 July 1 through September 30 OctoOer 31 October 1 through December 31 January 31 2, Programmatic Deporting-Biannual Strategic Implementatlon Report(E8IR): After the end of each reporting period, for the life of the contract unless directed otherwise, the SAA,will complete the Biannual Strategic Implementation Report In the Grants Reporting Tool 69 464 (GRT)https://www.reportirg.odp.dhs.gov. The reporting periods are January 1-June 30 and July 1-December 31. Data entry Is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent, 3. Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at any time during-the contract period. ReImbdrsements shall be requested within ninety (90)Calendar - days of expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within ninety(90) calendar days of expenditure shall result In denial of reimbursement. The$ub�Recipient should include the category's corresponding Ilne-item number in the"Detail of Claims"form, This number can be found In the"Proposed program Budget". A line-item number is to be included for every dollar amount listed in the"Detail of Claims"form, 4„ Close-out 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 expired. 6, Administrative Closeout An administrative closeout may be conducted when a recipient Is not responsive to the Division's reasonable efforts to collect required reports, forms, or other documentation needed to complete . . ......... .. ... this standard award andlor olosaoutprocess, Ths Rivisfon shall retake me Written a emp.$ a colleot required information before Initiating an administrative oloseout. If an award is administratively closed, the Division may decide to impale remedies for noncompliance per 2 C.F.R. §200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future awards. V. period of Performance(POP) Extensions An extension to the period of performance identified In the agreement is allowable underlimited &cumstances and shall only be considered through formal,written requests to the Division, All extension requests shall contain specific and compelling justifications as to why an extension Is required, and shall address the following: 1. The grant program,fiscal year, and agreement number, 2. reason far the delay--including details of the legal, policy,or operational challengesthat prevent the final expenditure of awarded funds by the deadline; 3. Current status of project activity; 4, Requested POP termination date and new project completion date; 6. Amount of funds reimbursed to date; 6, Remaining available funds; 7, Budget outlining how the remaining funds shall be expended; 8, Plan for completion, Including milestones and timeframes for achieving each milestone and the position'*or person responsible for implementing the plan for completion;and 9, Certification that the activity(les)shall be completed within the extended POP without any modification to the original statement of work, as described in the investment justification Andes approved by FEMA. Extension requests are typically granted for no more than a six(6) month period, and shall be granted only due to compelling legal, policy, or operational challenges, Extension requests shall only be considered for the following reasons: • Contractual commitments by the recipient or Sub-Reoiplent with vendors prevent completion of the project within the existing POP; The project shall undergo a complex environmental review that cannot be completed within the existing POP; 70 465 Projects are long4errn by design, and therefore acceleration would compromise core programmatic goals; or Where other special or extenuating circumstances exist. Subrociplent's shall be limited to one(1) extension over the grant period of parformanoe. Extension requests shall not be considered within the last one hundred eighty(180)days of the grant period of performance. ZA Programmatic Point of Contact Contractuai Point of Contact Programmatic Polnt Of Contact Chanda Jenkins Kizzy K. Caban FDEM FDEM . 2556 Shumard Oak Blvd. 2566 Shumard Oak 131vd. Tallahassee, Fi. 32399.2100 Tallahassee, FI.32$99-2100 (850) 815-4342 (860)815.4348 Chanda,Jenkins(Mem.m florida,com Kiz .Csban em,m florida,com ZA Contractual Responsibilities • The FDEM shall determine eligibility of projects and approve changes in Scope of Work, • The FDEM shall administer the financial processes, Z.B. Failure to Comply • Failure to comply with any of the provisions outlined above shall result in disallowanoeof reimbursement for Expenditures, (Remainder of page Intentionally left blank) 71 466 ATTACHMENT C Dr-LIVERA L'ES AND PERFORMANCE State Homeland Security Program(116W): HSGP supports the Implementation of risk driven, capabi€€teas-teased State Homeland Security Strategies to address capablJty targets set inUrban Area, - -State, and regional Threat and-Hazard Idontlfication_and Fisk(Assessments (THIRAs),The capability levels are:assessed in the Slate Preparedness Report(SPR)and Inform planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events, Plan n€ng Deliverabl0:Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-Recipient for the actual cost of successfully completing planning activities consistent with the guidelines contalned in the Comprehensive Preparedness Guide CPG 101 v.2. For additional information, please see https://www.fema,gov/emergency-managers/national-preparedness/plan or grant guidance (Notice of Funding Opportunity). For the purposes of this Agreement, any planning activitysooh as those assadated with the Threat and Hazard Identification and Risk Analysis(THIRA), Stags preparedness Report(SPR), and other planning activities that support the National Prepared nese Goal (NPG)and plane an emphasis on updating and maintaining a current Emergency Operations Ulan (EOP) are eligible. The Sub-Recipient can succossfully complete a planning activity either by creating or updating-such-plan(S) Organization Deliverable: Subject to the funding limitations of this Agreement, the 01v1sion shall reimburse the Sub-Recipient for the actual eligible costs for Personnel, Intelligence Analysts, Overtime and Operational Overtime, Exorclse Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse the Sub-Recipient for the actual cost of sucoassfuily completing an exercise which meets the Department of Homeland Security Homeland Security Exercise and Evaluatlon Program (HSEEP)standards and is listed in A)the State of Florida IPP, and D}County or Regional T8P for the region In which the Sub- Recipient is geographicaily located. Information related to TEPs and HSEEP ccrrrpliance can be found online at: httpa://www.fema.gov/emergency-managers/national-preparedness/exercises/hseep, For the purposes of this Agreement,any exercise which Is compliant with HSEEP standards and contained in the State of Florida IPP quallfles as an authorized exercise. The Sub-Roo!plent can successfully complete an authorized axarclae either by attending or conducting that exercise. Training Deliverable: SLibject to the funding limitations of this Agreement, the D!vision shall reimburse the Sub-Recipient for the actual cost of successfully completing a training course listed an the Department of Homeland Security(DHS)approved course catalog. For non-DEiS approved courses the Sub-Recipient shall obtain advance FOEM approval using the Non•TED form by Contacting their grant manager. The DHS course catalog is avallable online at: http://trainIng.fema.gov/. For the purposes ofthis Agreement, any training course listed on the 01-18 approved course catalog qualifies as an authorized course. The Sub-Recipient can successfully complete an authorized course either by attending or conducting that-course. Equipment Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-Recipient for the actual cost of purchasing an item identified in the approved project funding template and budget of this agreement and listed an the OHS Authorized Equipment List(AEI,), For the purposes of this Agreement,any item listed on the AEI.. qualifies as an authorized item.The 21 allowable prevention, protection, mftfgafion, n sponse, and recovery equipment categories and equlprrienf standards for HSGP are listed an the web-based version of the Authorized Equipment List(AEL)on the Lessons Learned Information System at httpJlwww,fema,govfauthorixed-equipment-list, In addition, agencies shall be responsible for obtaining and maintaining all necessary oertlfjcstions and licenses for the requested equipment, 72 467 Management Deliverable: Subject to the funding 11mltations of this Agreement, the Olvislon shall reimburse the Sub-Recipient for the actual cast for Management and Administration (M&A) activities. Costs for allowable Items shall be reimbursed if incurred and completed within the period of performance,In accordance with the Budget and $cope of Work,Attachments A and 8 of this agreement. [Remainder of page intentionally left blank] i 73 468 ATTACHMENT D Program Statates and RoRulatlons 1] Age 01scriminatinn Act of 1975 42 U.S.C. §6101 of seq. 2) Americans with Disabilities Act of 1900 42 U.S.C. § 12101-12213 3) . . .Chapter -- 4) Chapter 215, !p-rida Afatu_,tps - 5) Chapter 252, Flew atutes. 6) Title VI of the Civil Rights Art of 1064 42 U.S.G. §2000 9t seq. 7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C. §3601 at seq, 8) Copyright notice 17 U.S.0, §§401 or 402 9) Assurances,Administrative Requirements, Cost Principles, representations and Certifications 2 0.F,R, Part 200 10) Debarment and 5uspensfon 6xecuWe Orders 12549 and 12689 11) Drug Free Workplace Act of 1988 41 U.S.C, §701 et seq. 12) Dupl€aatlan of Benefits 2 C.F.R, part 200, Subpart E 13) Energy Po[ley and Conservation Act 42 U,S.C. § 6201 cat seq. 14) False Claims Act and Program Fraud Civil Remedies 31 U,S.C. § 37.20.3738 also 31 VS,C. § Fly-Amerliza.Act a 1974 49.U-S.C. §41102 also 49 U.S.C,-§40118 16) Hotel and Motel lire Safety Act of 1990 15 U.S.C. §2225a - �_- 17) Lobbying Prandbiflors 31 U.S.C, § 1352 18) patents and Intellectual Property Rights 36 U.S.C. §200 6t seq, 10) procurement of Reoovered Materials section 5002 of Solid Waste Dlspasal Act 20) Terrorist Financing Fxeoutive Order 13224 21) Tlfle IX of the Education Amendments of 1072(Equal opportunity in Education Act)20 U.S.C,§ 1681 et seq, 22) Trafficking Victims Protection Act of 2000 22 U.S.C.§7104 23) Rehabilitation Ad of 1073 Section 504, 20 U.S.C, §724 24) USA Patrlot,Act of 2001 18 13,S,C, § 175-172c 26) Wh€stlablower Protection Act 10 U.S,C, §2409,41 US,C. §4712, and 10 U.S.C. §2324,41 U,6,C. §4304 grid §4310 26) 63 Federal Register 8034 27) Ru[a Chapters 27P-6, 27P-11, and 27P-.19, Florida Adminlstrative Code 2.8) Section MAN, Florida Statutes 29) Public Trust and Public Safety Executive Order 14074 74 469 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: Requests for an advance shall be submitted at the time of agreement execution or approval of the BHP, if required. If you are requesting an advance, indicate sane by checking the box below [ ]ADVANCE REQUESTED (Maximum request amount may not exceed fifty percent.) Advance payment of$ Is requested. Balance of payments will be made on a reimbursement basis. This advance will be used on equipment specific projects within the budget of the agreement. We would not be able to operate the program without this advance. If you are requesting an advance,complete the following chart and line-item justification below. faro"ect Days to complete Funding amount requested 41bi ,lTEM JUA IGATION(For each line Item, provide a detailed justification explaining the need for the cash advance.The justification shall Include supporting documentation that clearly shows the advance shall be expended within the first ninety(90) days of the contract term or approval of the EHP,It required.Support documentation should include but Is not limited to the following: quotes for purchases,delivery timelines, salary and expense projections,etc,to provide the Division reasonable and necessary justification.Any advance funds not expended within the specified timeframe shall be returned to the Division Cashier,2666 Shumard Oak Boulevard, Tallahassee, Florida 32399,within thirty(30)days,along with any Interest earned on the advance) *REQUESTS FORADVANCE PA YNEWS SHALL BE CONSIDERED ON A CASE EY CASE'BASIS* **EHP SHALL BE COMPLETED AND APPROVED B Y FEMA PRIOR To ADVANCE* Signature of Sub-Reelplent Date: Name and Title of Sub-Reoipient 75 470 ATTACHMENT F WARRANTIES AND REPRESENTATIONS joI aLa l Idanap,g ant The Sub-recipient's fineinclal management system shall comply with 2 C.1=.R. §200,302. �'rocyaremQnf� Any procurement undertaken with funds authored by this Agwment shafl cornpJy with,th&r0Q1&em@Dts of 2 C.5.R. §200, Part D—Bost Federal Award Requirements—wProcurement Standards(2 C.RR, § 200.318 through 200,327), uslhs._ The Sub-Reoipiant shall have its offices open for business,with the entrance door open to the public, and at least one employee on site, from; _ _..—._..—Ntand�y-tv-Friday-frex'n 7'am-tv-4pm-..--- I en I arm ttl All subcontractors or employees hired by the Sub-Reciplant shall have all current licenses and permits required for the particular work for which they are hired by the Sub-Reclpient. J,Remalrrclor of page Intentionally left blank,) 76 471 ATTACHMENT G CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION Subcontractor Covered Transactions The prospective subcontractor, of the Sub-Reciplent 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 disqualifled from participation in this transaction by any federal department or agency, SUB-CONTRACTOR; By:- - Signature Sub-Recipient's Name Name and Title FDEM Agreement Number Street Address City, State, Zip Date 77 472 ATTACHMENT H STATEMENT OF ASSURANCES All of the Instructions, guidance, Ilmltations, And other conditions set forth 1n the Notice of Funding Opportunity(NOFO)for this program are Incorporated here by reference in the terms and conditions of your award.All Sub-Recipients shall comply with any such requirements set forth fn the program NOFO. All Sub�Reolplents who receive awards made under programs that prohibit supplanting by law shall ensure that federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-federal sources. All Sub-Recipients shall acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bld 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. Fart 200, Subpart E shall not be charged to other federal awards to overcome fund deficiencies, to avoid restrlations imposed by federal statutes, regulations, or terms and conditions of the federal awards, or for other reasons. However, this prohibition would not preoluda a Sub-Recipient from shifting costs that are aliowabla under two or more federal awards in accordance with existing federal statutes, regulations, or the terms and conditions of the �leml-award, — — — —----— — — --- Sub-recipients are required to comply with the requirements set forth in the government-wide Award "Germ regarding the System for Award Management and Universal Identifier requirements located at 2 C.F.R, Part 25,Appendix A, the full text of which incorporated here by reference in the terms and conditions of your award, All Sub-Recipients shall acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff, I, Sub-Iecipient shall cooperate with any compliance review or compliant investigation conducted by the State Administrative Agency or C]HS. 2. Sub-Reciplent shall give the State Administrative Agency, UHS or through any authorized repfesontative, 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 DH5 regulations and other applicable laws or program.guidance. 3. Sub-Racipient shall submit timely, complete, and accurate reports to the Division and maintain appropriate backup dccumentratlov to support the reports. Sub-Recipients steal!also complywlth all other special reporting, data collection and evaluation requirements, as prescribed by law or detailed in program guidance. 4. Sub-Hecipient shall acknowledge their use of federal funding when Issuing statements,pros releases, requests for proposals, bid invitations, and Other documents describing projects or programs funded in whole or in part with federal funds. 5, Sub-Recipient who receives awards made under programs that provide emergency communications equipment and its related activities shall comply with SAFP.COM Guidance for Emergency Communications Grants, Including provisions on technical standards that ensure and enhance interoperable communications, 6. When orlglnal or replacement equipment aoquired under this award by the Sub•Reciplent lsno longer needed for the orlglnal project or program or far other activities currently or previously I 7� 473 supported by DHSIF'EMA, you shall request Instructions from the Division to make proper disposition of the equipment pursuant to 2 C,F.R, §200.313, T. DHS/FEMA funded activities that may require an EHP review are subject to FEMA"s Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. FaJure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding, If ground disturbing activities occur during construction, applicant shall monitor ground disturbance, and if any potential archeological resources are discovered, applicant shall immediately cease work in that area and notify the pass-through entity, if applicable, and DHSIF'EMA. 8. Sub-Reaiplents are required to comply with the Build America, Buy America Act(BABAA), which was enacted as part of the Infrastructure Investment and .lobs Act Sections 70901- 70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made In All of America by All of America's Workers, 9, Sub-Recipient shall comply with the applicable provisions of the following laws and policies prohibiting discriminatlow a. Tillie VI of the Civil Rights Act of 1904, as amended,which prohibits discrimination based on race, color, or national origin (including limited English proficiency). b. Section 604 of the Rehabilitation Act of 1973, as amended, which prohibltsdiscrimination 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 discrimination based on age. e, U.S, [department of Homeland Security regulation 6 C.F.R. part 19,which prohibits discrimination based on religion in social service programs, (Remainder of page Intentionally lot blank] 79 474 ATTACHMENT 1 Provisions: MANDATORY CONTRACT PROVISIONS Any contract or subcontract funded by this Agreement shall contain the applicable provisions outlined in AppencIN Il-to 2 U.F.R-Part top, ffli the respansltallity of the Sulb-Reciplant to Indude the require - provisions,The following is a list of sample provisions from Appendix li to 2 C.RR. Part 200 that mgw be required' Appendix 11 to Part 200- -Contract Provisions for Non.F6doral Entity Contracts Under Federal Awards In addition to other provisions required by the federal agency or non-federal entity, all contracts made by the non-federal entity under the federal award shall contain provisions covering the following,as applicable. (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 Cout�oll(Counclis)as authorized by 41 U.S,C. 1908, shall address adrni0strative, contractual, or legal remedies in Instances where contractors violate or breach contract terms,and provide for guohsanctions ----and-penalties-as-appropriate,---- (B)All contracts In excess of$10,000 shall address termination for cause and for convenience by the non-federal entity including the manner by which It will be affected and the basis fo r settlement. (C) equal Employment Opportunity, Except as otherwise provided under 41 0-FR Part 60, all contracts that meet the definition of"federally assisted construction contract"in 41 CPR Part 60.1.3 shell Include the equal opportunity clause provided under 41 CFR 50-1.4(b), In accordance With Executive Order 11246,"Equal Employment Opportunity"(30 FIR 12310, 12935, 3 CFR Bart, 1964.1065 Comp., p. 339), as amended by Executive Order 11376, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 OFR part 00,"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Deportment of Labor," (©) Davis-Bacon Act, as amended (40 t1,8,C, 3141-3148).When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by nor-federal entities shall include a provision for compliance with the Davis-Saoon Act(40 U,S.C. 3141.3144, and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Fart 6, "i„abor Standards Pravlslons Applicable to Contracts Covering federally Financed and Assisted Construction"), In accordance with the statute,contractors shall be required to pay wager to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the.Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week, The non-federal entity shall placea copy of the current prevailing wage determination issued by the Department of Labor in each solicitation, The decision to award a contract or subcontract shall be conditioned upon the acoeptanre of the wage determination. TP?e nvn=laderal entity shall report all suspected or reported violations to the federal awarding agency. The contracts-hell also include a provision for compllance with the Copeland"Anti- Kickback"Art(40 U.S.C. 3145), es supplemented by Department of Labor regulations(29 CFR Part 3, "Contractors and Subcontractors an Public 6ullding or Public Work Financed In Whole or in Part by loans or Grants from the United States"), The Act provides that each contractor or Sub-recipient shalt be prohibited from inducing, by any means,any person employed in the construction, completion, or repsirof public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- federal entity shall report all suspected or reported violations to the federal awarding agency, (E) Contract Work Hours and Safety Standards Act(40 U,S.C, 3701-3708), Where applicable, all contracts awarded by the non-federal entity in excess of$100,000 that involve the employment of mechanics or laborers shall lnciude a provision for compliance with 40 U,S.C, §§ $702 and 3704, as supplemented by Department of Labor regulations(20 CFR Fart 6). Under 40 U.S.C, §3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis ofa 1 For example, the Davis-Becon Act is not applicable to other FFMA grant and cooperative agreement programs, including the Publio Assistance Program or Hazard Mitigation Grant PrograrTy however, Sub- Recipient may include the provision in Its subcontracts. i 475 standard work week of forty(40) hours, Work In excess of the standard work week Is permfssibie 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 forty (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 shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence, (F) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of"funding agreement" under 37 CFR §401.2(a)and the recipient or Sub-Reolplent wishes to enter into a contract with s small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or Sub-Recipient shall comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations Issued by the awarding agency. (G) Chan Air Act(42 U.S,C. §§7401-7671q.) and the Federal Water Pollution Control Act(33 U,S,C. 1251-1387), as amended--Contracts and subgrants of amounts in excess of$150,000 shall contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean AlrAct(42 U.S.C;. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. % 1251-1387). Violations shall be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA), (H) Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award (see 2 CFR§ 180.220) shali not be made to parties listed on the governmentwide,Excluded Parties List System in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR Pert 1986 Comp., p. 189) and 12689(3 CFR part 1989 Comp., p. 235), "Debarment and Suspension."The Excluded Parties list System in SAM contains the names of parties debarred, suspended, or,otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti-Lobbying Amendment(31 U.S.C.§ 1352)---Clontractors that apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it shall 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 oremployee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C, § 1352. Each tier shall also disclose any lobbying with non-fedoral 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 2 G.F.R. §200.323 Procurement of recovered materials. (K) See 2 C,RR. § 200.216 Prohibition on certain telecommunication and video surveillance services or equipment. N See 2 C.F.R. §200.322 Domestic preferences for procurements (Appendix 11 to Part 200, Revised L+;f 1/1 212 02 0). ., kase note that the Sub-Recipient alone is responsible friar ensuring that all language included In Its contracts meets the requirements of 2 C.F.R. §200.327 and 2 C.F.R. Part 200,Appendix 81 476 ATTACHMENTJ 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 fnciuding federal grant funds, The € ivision has a responWblllty to t cck and monitor the-status-of grant activity and items purchased to ensure compliance-- with applicable Nonprofit Security Grant Program(NSGP) grant guidance and statutory regulations. The monitoring process is designed to assess a Sub-Recipient agency's compliance with applicable state and federal guidelines. Monitoring is dccampllshed utilizing various methods Including deslt monitoring and on-cite visits, There are two primary areas reviewed during monitoring activities-financial and programmatic monitoring. Financial monitoring primarily focuses on statutory and rogulatory 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, targetCng issues that may be hindering project goals and ensuring compliance with the. purpose of the grant and overall grant program. Programmatic monitoring Involves the observation of equipment purchased, protooals and ether assoclatetl records. Varlous levels of flnancial and programmatic review may be accomplished during the monitoring process. Pursuant to 2 C,F,R, § 200.337, the Division has the right, at all reasonable tlmes,to make site visits or Conduct desk reviews to review project accomplishments and management control systems to review award progress and to provide any required technical assistance, During site visits or desk reviews, The Division shall review recipients' files rolated to the award.As part of any monitoring and program evaluation activities, recipients shall permit the Division, upon reasonable notice, to review grant-related records and to interview the organization's staff and contractors regarding the program. Recipients sha(l respond In a timely and accurate manner to the Division's requests for information relating to the award. an Each year the Division shall conduct monitoring bused on a"Risk Assessment The risk assessment tool is used to help in determining the priority of Sub-Recipients that should be reviewed and the level of monitoring that should be performed. Note that although a given grant may be closed, It Is still subject to either desk or on-site monitoring for a five(6)year period following closure. • Management and administrative procedures; • Grant folder maintenance; • Equlpment accountability and sub-hand receipt procedures; « Program for obsolescence; Status of equipment purchases; « Status of training for purchased equipment; o Status and number of response tralnings conducted to include number trained; Status and number of exercises; a SWLa of planning act€Oty; Anticipated projected completion; • Difficulties encountered in completing projects; a Agency NIMWICS compliance documentaition; « Equal Employment Opportunity (EEO Status); « Proourement Policy The Division may request additional monitoring/informatlan of the activity, or lack thereof, generates questions from the region, the sponsoring agency or the Division's leadership, The method of gathering this information shall be determined on a case-by-case basis. i 87 477 Mo.nitorin.n.Achy If lea:. Desk reviews and site visits are two farms of monitoring. Desk monitoring is the review of projects, financial activity and technical assistance between the Division and the applicant via e-mail and telephone, On-site monitoring are actual visits to the SubAeolpient agencies by Division representatives who examines records, procedures and equipment. Desk monitoring is an on-going process. Sub-Recipients shall be required to participate in desk top monitoring as determined by the Division. This contact shall provide an opportunity to identify the need for technical assistance (TA)and/or a site visit if the Division determines that a Sub-Recipient Is having difficulty completing their project. As difflculties/deflolencies are identified, the respective region or sponsoring agency shall be notified by the program office via email. Information shall Include the grant Sub-Recipient agency name,year and project description and the nature of the issue in question. Many of the Issues that arise may be resolved at the regional or sponsoring agency level, Issues that require further TA shall be referred to the division for assistance. Examples of TA Include but are not flmited to: * Equipment selection or available vendors * Eligibility of Items or services Coordination and partnership with other agencies within or outside the region or discipline # Record Keeping * Reportfng Requirements * Documentation In support of s Request for Reimbursement On-site monitoring shall be conducted by the Division or designated personnel, On-s€te monitoring visits shall be scheduled In advance with the Sub-Recip€ent agency POC designated in the grant agreement. The Division shelf also conduct coordinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist In the form of a peer review as needed. On-site monitoring visits shall begin with those grantees that are currently spending or have completed spending for that federal fiscal year(IFFY), Site visits may be combined when geographically convenient. There is a financial/programmatic(fin-site monitoring checklist to assist in the oompletionof all required tasks. A letter shall be sent to the Sub-Roolpient agency Point of Contact(POC) outlining the date, time and purpose of the site visit before the planned arrival date.The appointment shall be confirmed with the grantee in writing (email is acceptable)and documented In the grantee folder, The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. Once Division personnel have arrived at the site, an orientation conference shall be conducted. During this time, the purpose of the site visit and the items the Division intends to examine shall be identified.All objectives of the site visit shelf be explained during this time. Division personnel shall review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot Inspection of equipment shall be conducted, 83 478 Each item selected for revlew shall be visually inspected whenever possible, Larger items(computers, response vehicles, etc,)shall have an asset decal(information/serial number) placed in a prominent location on each piece of equipment as per Sub-Recipient agency requirements, The serial number shall correspond with the appropriate receipt to confirm purchase. Photographs shall be taken of the equipment(large capital expenditures in excess of$1,000. per item), If an item is not avall able(being used during time.of.the.site visit),.the appropriate.docurnentation shall-b.a provided to account for that particular piece of equipment, Other progmmmatic issues can be discussed at this time, such as missing quarterly reports, payment voucherfreimbursement, equipment, questions, etc, Division personnel shall review the On-site monitoring worksheets and backup documentation as a team and discuss the events of the On-site monitoring. Within forty4ve(46) calendar days of the site visit, a post monitoring letter shall be generated and sent to the grantee explaining any issues and corrective actions required or commendations. Should issues or findings be identified, a noncompliance fetter to that effect shall be generated and sent to the Sub- Recipient.The Sub,-Recipient shall submit a Corrective Action Plan (CAP)within a timeframe as determined by the Division, Noncornpliance on behalf of sub grantees is resolved by management under -- — -- --the-terms of-the-Sub-Grant-Agreement The-an-site-marsitoting-report and-all-back_cap-dooumentation_shall_—_ then by Included in the Sub-Reclpienfs file. Sub-Recipients who are p asswthrough entities are responsible for monitoring their Sub-Reciplents In a manner consistent with the terms of the Federal award at 2 C.F.R. Part 200, Including 2 C.F,R. § 200.332.This includes the pass-through entity's responsibility to monitor the activities of the Sub- Recipient as necessary to ensure that the subawartl 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, Sub-recipient responsibilities also include but are not llmited 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 assessments and reviews, and ensuring overall compliance with the terms and conditions of the award or subawnrd, as applicable, including the terms of 2 C,F.R. Fart 200. [Rornalnder of page intentionally left blank] 84 479 ATTACHMENT K EHP GUIDELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EFIP) COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal Environmental Planning and Historic Preservation (EHP) laws and requirements prior to initiation of the project: 10 New Construction, Installation and Renovation, including but not limited to: • Emergency Operation Centers o Security Guard facilities • Equipment buildings (such as those accompanying communication towers) • Waterside Structures (such as dock houses, piers, etc,) a Placing a repeater and/or other equipment on an existing tower • Renovation of and modification to buildings and structures that are:fifty (50) years old or older • Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security • Physical Security Enhancements, including but not limited to: o Lighting • Fencing o Closed-circuit television (CCTV) systems o Motion detection systems • Barriers, doors, gates and related security enhancements In addition, the erection of communications towers that are included in a jurisdiction's interoperable communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects shall be submitted to FEMA for EHP review. Some training and exercise activities require Environmental and Historic Preservation (EHP) Review, including exercises, drills or train ings that require any type of land, water, or vegetation disturbance or building of temporary structures or that are not located at facilities designed to conduct training and exercises. A thorough, detailed description of projects listed under these categories shall be required in order to determine allowability. Additional information on training requirements and EHP review can be found online at Environmental & Historic Preservation Guidance for FEMA Grant Applications I FEMA.gov, Once the grant agreement has been executed by both parties the EHP Screening Form shall be submitted to the Division within forty-five (45)days. EHP SCREENING FORM SUBMISSION I For projects requiring EHP review, the Sub-Recipient shall submit the EHP Screening Form to the State Administrative Agency (SAA) for review prior to funds being expended. The SAA Point of Contact for EHP review is: Ms. Felicia Pinnock Bureau of Pre tiredness— Domestic Security 2555 Shumard Oak Boulevard Tallahassee_ Florida 32399-2100 Telephone: 850-815-4343 11. The SAA POC shall forward EHP Screening Forms to DHS/FEMA for review and approval, Ill. Sub-Recipient's shall receive written approval from the SAA prior to the use of grant funds for project implementation, THE PROJECT SHALL NOT BEGIN UNTIL FINAL FEMA APPROVAL IS RECEIVED. 85 480 ATTAQHMENIT L REIMBURSEMENT CHECKLIST PLA� Nh11lL I. Does the amount billed.by consultant add up correctly? 2. Has all appropriate documentation to denote hours worked been properly signed? 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of pans) been Included? (Note - If a meeting was held by Sub-Recipient or contractorlconsultant of Sub- Recipient,an agenda and signup sheet with meeting date 4. Has the zero dollar Invoice and signed from the cons uitantleontractor been Include? 5 Flap, proof of payment been included? Canceled check, bank statement or transaction history(Showing the transaction was processed by the bank) Electronio Funds Transfer(EFT)Confirmation Credit Gard Statement& payment to credit card company for that statement El 6. Has Attachment C (found within Agreement with FDCM)been completed for this contraotorlconsu Ito nt and Included In the reimbursement package? 7. Has proof of purchase methodology been included?Please see Form 5 of Reporting✓;arms or Purchasing Basics Attachment if further clarity is needed T Sole Source State Contract(page showing contract#, price list) Competitive bid results(e.g.Quotewire,bid tabulation page) C9ORuJtqntAjCgntraMM (Note:this applies to contra tors also billed undgr O ani io T€4,Alllfl G E] I. Is the course DHS approved? 2. Is there a course or oatalog number? 3. If not, has FOEM approved the non-DHS training? 4, Have Sign-In Sheets, Rosters and Agenda been provided? E] 5. If billing for overtime and/or baokf€II,has documentation been provided that lists attendee names, department,*of hours spent at tralning, hourly rate and total amount paid to eaahattendee? Have documentation from entity's financial system been provided as proof attendees were paid? For baekfill,has a clear delineationlcross relisrenoe Non provided showing who was backfilling who? B. Nave the names on the sign4 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 tralning such as printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment?If so, receipts and proof of payment shall be submitted. Canceled check,bank statement or transaction history(Showing the transaction was processed by the bank) 86 481 Electronic Funds Transfer(EFT)Confirmation Credit Card Statement&payment to credit card oompany for that statement [� 8. Has proof of purchase methodology been included?Please see Form a of Reporting Forms or Purchasing Basics Attaohmenf IF further olarlty is needed Sole Source State Contract(page showing contract#, price list) Competitive bid results(e,g.Quotewlre,bid tabulation page) EXERCISE 1, Has documentation been provided on the purposelobjectives of the exercise? Situation Manual or Exorcise flan 2. If exercise has been conducted are the following included: After-action report Sign-in sheets or roster 3. If billing for overtime and backfill,has a spreadsheet been provided that lists attendee names, department,#of hours spent at exorcise, hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? Far backfill,has a clear del ineationlcross reference been provided showing who was backfllling who? 4. Have the names on the sign-In sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought? 5. Have any expenditures occurred on supplies(e,g., oopying paper, gloves,tape, etc,)in support of the exercise?If so, receipts and proof of payment shall 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 6. Have any expenditures occurred on rental of spaceflocations for exercises planning and conduct, exercise signs, badges,etc,? If so, receipts and proof of payment shall be Included. Canceled check, bank statement or transaction history(Showing the transaction was prooessed by the bank) Electronic Funds Transfer(EFT)Confirmation Credit Gard Statement&payment to credit card company for that statement 7. Has proof of purchase methodology been included?Please see Form 5 of Reporting Forms or Purchasing Basics Af achrnent If further olar;ify is needed, Sale Source State Contract(page showing contract#, price list) Competitive bid results(e.g,Quotewire,bid tabulation page) EQMENT 1, Has the xsro dollar invoice and signed from the consultantloontractor been include? 2. Has an AEL#been Identified for each purchase? 3. If servicelwarranty expenses are listed,are they only for the performance period of the grant? E:I 4. Has proof of payment been Included? i 87 482 Canceled check, bank statement or transaction history(Showing the transaction was processed by the bank) Electronic Ponds Transfer(EFT)Confirmation Credit Card Statement&payment to credit card company for that statement 5. If EHP form needed,has a copy of the approval DHS been included? 0 B. Has proof of purchase methodology been Included?Please see norm 5 of Nopoding l orrns or - Purchasing Basics Aftaohment lffuffhar clarity is needed, Sole Source State Contract(page snowing ooniract#, price list) Competitive bid results(e.g. Quotewire,bid tabulation page) MAVfPlC01V.1+r~R � 5 1. Have all receipts been turned in,itemized and do the dates on the receipts match travel dates? Airplane receipts Proof of mileage(Google or Yahoo map printout or mileage log) �,...__., Toll and/or Parking receipts Hotel receipts(is there a zero balance?) Car rental receipts - - - - Reglstrntionfee receipts - - Note; Make sure that meals paid for by conference are not included in per diem amount 2. if travel is a conference has the conference agenda been Included? 3. Has proof of payment to traveler been Included? Canceled check, bank statement or transaction history(Showing the transaction was processed by the bank Electronic Funds Transfer(EFT)Confirmation Credit Card Statement&payment to credit card company for that statement Copy of paycheck If reimbursed through payroll SALARY POSIT ONS 1. Has a Wg"e timesheet by employee and supervisor been included?Timesheet shell certify the hours and information presented as true and correct. 2, Has proof for time worked by the employee been included?is time period summary included? Statement of Earnings Copy of payroll Check Payroll Register For fusion center analysts, have the certification documents been provided to the Division to demonstrate compliance with training and experience standards? For fusion canter analysts,has documentatlort of PPP submission via the annual Fusion Center Assessment been provided to the Division to demonstrate compliance with performance measurement requirements? ORGAWZ_A"O 1. If billing for overtime and backfill,has a spreadsheet been provided that lists attendee nemes, department,#of hours spent at exercise,hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? For backfill,has a clear delineation/cross reference been provided showing who was backfilling who? 88 483 For Contract Security has time& effort documentation been submitted? Is a time period summary included?(Signed&certified timesheets reflacting the name and number of hours spent) **,A signed centrect between subreclplent and vendor shall be provided that outlines the agreement—number of officers,hourly rate, frequency,price,etc....) 1. Have all relevant forms been completed and Included with each request for reimbursement(Including Daily Activity Reports for OPSG)? Z Have the costs Incurred been charged to the appropriate POETC category? 7 3. Does the total on all Forms submitted match? A. Do all quotes and invoices from the selected vendor provide a legible signature from vendor? 5, Do all paid Invoices show a$0.O0 balance? 6. Has Roimbursement Form been signed by the Grant Manager and Financial Offleer? ❑ 7, Has the reimbursement package been entered Into Sub-faeclpients recordslspreadshest? 8. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? 9. If this purchase was made via sole Source, have you included the approved Sole Source documentation and Justification? 10, Do all of your vendors have a current W-9(Taxpayer Identification)on file? 11. Has the Attachment G (found within Agreement with FOEM)cr proof of SAM.gov registration been provided for the contractorsfconsuftants with the reimbursement package. Please note,; FOEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with appiicable federal and state rules and regulations. i 89 484 ATTACHMENT Mi FOREIGN COUNTRY OF CONCERN AFFIDAVIT — PERSONAL IDENTIFYING INFORMATION CONTRACT Section 287.138, Florida Statutes, prohibits a Florida "Governmental entity""2 from entering into or extending contracts with any other entity whereby such a contract,or extension thereof, could grant the other entity access to an individual's personal identifying information; if that entity Is associated with a "Foreign, Country of Concern,"3 Specifically, section 287.138(2), Florida Statutes, prohibits such contracts with any entity that is owned by the government of a Foreign Country of Concern, any entity In which the government of a Foreign Country of Concern has a"controlling interest,"4 and any entity organized under the laws of or which has its principal place of business in a Foreign Country of Concern. As the person authorized to sign on,behalf of Sub-Recipient, I hereby attest that the company identified above in the section entitled "Sub-Recipient Vendor Name" is not an entity owned by the government of a Foreign Country of Concern, no government of a, Foreign Country of Concern has a controlling interest in the entity, and the entity has not been organized under the laws of or has its principal place of business in a Foreign Country of Concern. I understand that pursuant to section 287,138, Florida Statutes, I am submitting this affidavit under penalty of perjury. Sub-Recipient Vendor Name: city of Miami Vendor FEIN: 59-6000375 Arthur Noriega, city manager Vendor's Authorized Representative Name and Title: — Address: 444 SW 2nd Avenue, 10th Floor Miami FL 33130 City: State-,-- ,.;Zip: 30 5­4 16-102 5 Phone Number-, — ANori ega(dmi aski gov.com Email Address, Certified By: AUTHORIZED SIGNATURE Arthur Nor!egg, CJ ty Manager Print Name and Title: Date: march 13, 2024 I 15:24:52 EOT 2 As defined in Section 287,138 (1)(d), Florida Statutes, 3 As defined in Section 287.138 (1)(c), Florida: Statutes. "As defined in Sevtjon 287,138 Florida Statutes. 90 485 MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2023 "Jurisdiction" Agreement Number: R0924 FAIN Number: EMW-2023-SS-00058-501 CFDA#: 97.067 This Agreement is entered into this� day of 2024, 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$13,802,313.00 dollars through the Urban Area Security Initiative (UASI) Grant Program 2023; and s I WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 2023; 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 2023 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2023 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 _ 2024, has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and I 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 foIbw-. 1 486 L PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities Under the UASI Grant Program 2023 which was made available by the U.S. Department of Homeland Security and the State of Flor€da Division-of Emergency Management(FDEM); B, This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring Agency. ll. SCOPE A. The provisions of this Agreement apply to UASI Grant Program 2023 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 terroriser 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 orasset 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 2023: The UASI Grant Program 2023 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 2023 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 wJJ 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 2 487 provide for interoperability and compatibility among Federal, State, and local capabilities,the N IMS 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. i B. Coordinating with named counties and cities,with the respective State Administrative Agency,and with the FI]EM 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 f#1". H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit#1 3 488 1. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the main liaison and partner with the City of Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Participating Agencies and any sub-grantees must abide by the grant requirements including budget authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of assets as stipulated in"Exhibit#1". C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct purchases of equipment or services as stipulated in "Exhibit#1". D. Complying with all UASI Grant Program 2023 requirements as stipulated in"Exhibit#V. E. Participating as a member of the Urban Area Working Group to include coordinating with and assisting the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide development of an Urban Area Stakeholder Preparedness Review. F. Ensuring the participation of the following critical players in the assessment and Stakeholder Preparedness Review development process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health. G. Assisting the sponsoring agency in development of a comprehensive Urban Area assessment and Stakeholder Preparedness Review. K. 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 2023, as identified in "Exhibit #2", is readily available for use by personnel trained to use such equipment for actual emergencies, special 4 489 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 2023, 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 V. 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. 5 490 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 2023 assistance for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland Security or the Comptroller General, these documents are related to the receipt or use of such assistance. The grantee will also give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. C, Financial Status Reports are due within 14 days after the end of each calendar quarter. A report must be submitted for every quarter that the award is active, including partial calendar quarters, as well as for periods where no grant activity occurs as stipulated in"Exhibit V. D. Submit progress reports to describe progress to date in implementing the grant and its impact on homeland security in the state. E. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties as identified in "Exhibit 2". Vlll. 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. 6 491 E. This Agreement will end on September 30, 2025, unless otherwise extended, by a written amendment duly approved and executed prior to September 30, 2025, 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 7 492 i PARTICIPATING AGENCY "(sub-recipient)" ATTEST: BY: Name: NAME: Title: TITLE: FID#: DUNS: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney S 493 2023 UAS1 Sub-Recipients Broward County Emergency Management (SEMA) Broward Sheriff's Office (BSO) Coral Gables Coral Springs Fort Lauderdale Hialeah Hollywood Key Biscayne Miami Beach Miami Gardens Miami-Dade (Fire, Police and Emergency Management) Miramar Monroe County (Fire, Police and Emergency Management) Palm Beach County Emergency Management Palm Beach County Sheriff's Office (PBSO) Pembroke Pines Sunrise Regional — Projects shared across the entire region that includes members listed above as well as: Florida Department of Law Enforcement (FDLE) 494 495 cfl o 0 0 0 0 0 0 om a o o o O O O O O O O C v1 C C C v7 C O N O O O N O O M O O O M O O In O O W M N N N N ci ci ci ci ci ci ci O O O O O O z z z z z z d vm U w r w -� � � z m d d z s r d p p w W 3 a o0 0 0 0 0 0 00 0o Mo 0 0 mgv� o o Mo v z o (A Z d r d o u Z Z v z z o d 3 9 9 O v^i C7 No N O N N O O ca-I ca-I O a U O O O ci ' fa 1� Y aJ V f6 / v J u y _ c '� •, vOi as c u o a T O m w S N T N p O O N aai .o.. w a rn a o Ou m Y E u EL ++ d '^ d mad Y c O1 0 m Ln o a m m as LL '' / = •aa C d C 'L J n j N V7 U O y aJ C N U N E r �: J LL m 2 V V 1n .Y y _ LL O Y 555L c c m nn c am an p m u a O c a o d u co z U W V1 pW V1 00 00 m o 0 0 0 0 0 0 M /////// rif cn cn cn cn cn cn Oj�j N N N N N N N N LL u u u u u u a[[[[' iiiiii a as a a a a as a 'u `" m m m m m m y G c y G c y G c y G c y G c y G c [[[[[[ C C €€ C C tio C C E E c E E C C C C d d io O io O C C C C O C C u° O uo Q Q Q m m m m ti o 0 0 0 0 0 0 0 0 0 0 0 0 o Ln o r o ni v o 0 0 0 0 Ln o rn O a N O Ln r, o Ln 0000 o Ln o Ln N LD a O N a O tD tD tD O oo O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ci d d vi o r, o ni v o 0 0 0 0 Ln o rn O a N O Ln 0 0 0 rl o rn O oc M O M is o vi oo o vi o Ln r c LD a O N a O tD N tD O oo O € O O O y O y O O y z z z T z T z z T yxj O V~1 U O O LbM = N Aa v N z_ r N Cf ?�, p o z M z' U O Z' N Q ~ Q 3 O m o z o O d d a ca In o Q p c-1 W N Z H O d N w le K 2 c-1 x p p O O p p ? ryNj N Y N Oi ? 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LL i N Ln N N 7 c-I ci O N O O O O O O O O c-I O N � E E E E c E O E E E E 3 ° 3 ° 3 ° 3 ° °J G� � 3 ° 3 ° 3 ° 3 c •� •c c c c c 3- c j p p d W W H W W W W L � a a a a c C o y c y c y c p Y c v+ o o o a O c m m j a m nn a m nn a m nn ° c c u ° o 5 a o / nn E nn E nn E L a E a v a o Y ° c v o v 0 a O E = a s C C N C C V1 O U U d' ice/ ti c c c ti L / o 0 o a s m m m €€' O m p O m m m O m m m m p of m jm m m m m m m m m m c c c c c c c c c c 0 0 0 0 0 0 0 0 0 0 0 1/12 i/ 1p .................. 0 ��� MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2023 "Monroe County" Agreement Number: R0924 FAIN Number: EMW-2023-SS-00058-S01 CFDA#: 97.067 This Agreement is entered into this_day of 2024, 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 $13,802,313.00 dollars through the Urban Area Security Initiative (UASI) Grant Program 2023; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 2023; 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 2023 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2023 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-24-0071 adopted on February 22, 2024, 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: 1 506 I. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASI Grant Program 2023 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 2023 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 2023: The UASI Grant Program 2023 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 2023 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 2 507 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". 3 508 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 2023 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 2023, as identified in "Exhibit #2", is readily available for use by personnel trained to use such equipment for actual emergencies, special 4 509 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 2023, 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. 5 510 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 2023 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. 6 511 E. This Agreement will end on March 30, 2025, unless otherwise extended, by a written amendment duly approved and executed prior to March 30, 2025, 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 7 512 PARTICIPATING AGENCY "(sub-recipient)" ATTEST: BY: Name: NAME: Title: TITLE: FID#: DUNS: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney 8 513