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FY2023 09/11/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 23, 2023 TO: Michelle Quad Executive Assistant Patrick McCullah General Counsel FROM: Liz Yongue, Deputy Clerk SUBJECT: September 11, 2024 BOCC Meeting The attached items have been executed and added to the record. Ll Contract for Local Police Services with the City of Marathon, the Monroe County Sheriffs Office and the BOCC, for Fiscal Years 2024-2027. L3 Memorandum of Understanding (MOU) between the Monroe County Sheriffs Office and Monroe County Board of County Commissioners. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 11th day of Segtembere._IT__, 2024, by and between the Monroe County Board of County Commissioners, a political subdivision of the State of Florida, whose address is1100 Simonton Street, Key West, Florida 33040, hereinafter referred to as "COUNTY," and The Monroe County Sheriffs Office, hereinafter referred to as "SHERIFF." WITNESSETH WHEREAS, the U.S. Department of Homeland Security Office for Domestic Preparedness has awarded a grant to the State of Florida Division of Emergency Management through the FY 2023 Urban Area Security Initiative (UASI), and WHEREAS, the State of Florida Division of Emergency Management has awarded a subgrant of these funds to the City of Miami through a federally funded subgrant agreement, and WHEREAS, the COUNTY entered into a Memorandum of Agreement with the City of Miami, Agreement Number EMW-2023-SS-00058-S01 / Subgrant Agreement#R0924, by which the City of Miami sub-granted the sum of two hundred and sixty-four thousand eight hundred and thirty-six dollars and zero cents ($264,836.00), of which one hundred thirty-two thousand four hundred and eighteen dollars and zero cents ($132,418.00) was to be given to Monroe County Sheriffs Office for the purchase of equipment approved by the granting agency as well as other items, and WHEREAS, the COUNTY has determined that the public would be best served by providing the SHERIFF's office their portion of the one hundred thirty-two thousand four hundred and eighteen dollars and zero cents ($132,418.00) in funding to purchase law enforcement, as well as other equipment (i.e., interoperable communications equipment, etc.) approved by the granting agency in accordance with the COUNTY'S agreement with the City of Miami, NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the SHERIFF agree as follows: 1. TERM -The term of this Agreement is from June 1, 2024, through March 30, 2025, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES-The SHERIFF will purchase equipment as outlined in the COUNTY'S Memorandum of Agreement with the City of Miami, attached as Attachment A and made a part hereof. 3. OWNERSHIP — The SHERIFF will retain ownership of the approved equipment and will maintain the items on the Sheriffs inventory. 4. FUNDS-The total project budget to be expended by the SHERIFF in performance of the services set forth in this agreement shall be the total sum of $132,418.00. The total sum represents one-half of the federal grant support in the amount of$264,836.00 and matching funds in the amount of$0.00. All funds shall be expended in accordance with the grant agreement. Monroe County ShenfPs Office—MOU UASI FY 2023 Page 1 of 3 5. INCORPORATION BY REFERENCE-The provisions of those certain documents entitled "Memorandum of Agreement for Participating Miami UASI Grant 2022 Agency" and all laws, rules and regulations relating thereto are incorporated by reference (Attachment A)and the Monroe County Sheriff's Office shall comply with all of the terms and conditions outlined in Attachment A, including but not limited to compliance with 2 CFR section 200 of the Code of Federal Regulations. 6. BILLING AND PAYMENT - The SHERIFF shall render to the COUNTY, after purchase of the equipment, an itemized invoice properly dated, describing the equipment purchased, the cost of the equipment, and all other information required by the COUNTY for reimbursement. Upon receipt of appropriate documents, the COUNTY shall reimburse the SHERIFF for the said expenditures. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any equipment ordered by the SHERIFF after the SHERIFF has received notice of termination. In the event there are any unused grant Funds, the SHERIFF shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. NOTICES -Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY FOR PROVIDER Monroe County Administrator Monroe County Sheriff Richard A. Ramsay 1100 Simonton Street 5525 College Road Key West, FL 33040 Key West, FL 33040 And Director Monroe County Emergency Management 490 631d St., Suite 150 Marathon, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 9. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the City of Miami cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the SHERIFF at its address specified above. The COUNTY shall not be obligated to pay for any equipment ordered by the SHERIFF after the SHERIFF has received notice of termination. 10. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the SHERIFF shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the Monroe County Sheriffs Office—MOU UASI FY 2023 Page 2 of 3 state or anypolitical subdivision shall be utilized, directlyor indirectly, in aid . subdivision � of any church,urch; sect or religious denomination: or in aid of any sectarian institution. Any:violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the SHERIFF. If the.SHERIFF receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. I, after thirty(30)days, the breach has not been cured, the contract will automatically be terminated. 11. ASSIGNMENTS AND SUBCONTRACTING-Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 12. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein, and that.this Agreement supersedes all oral agreements and negotiations between the arties relating to the subject matter hereof as well as any revious agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. l..,.., �✓ : , .,:::, i'ry .ems a ' y :,SEAt- J BOARD OF COUNTY COMMISSIONERS Iiiiwv.a/t Z A E8j-----'" ',:4 - 1 -,:\%-,,,-;„,,,,„-:1 r , bi,-, , „.\ .T �E`�YIN MADOK, Clerk OF MONROE COUNTY, FLORIDA ,,,,,,,,,,,,.z,,,,,,.,, 1 „,,,,,,,_,,,,;1~-,e,,,,,,,, f4 g VitifEt.ciiw As Deputy Clerk Mayor/Chairman N:S,',q,:ye,,',. .ram S MONROE COUNTY SHERIFF'S O FFIC By: Approved as to form and legal sufficiency: Monroe County Attorney's Office 8-27-2024. { Title:,.'-,:::1. ';'):. (.14.q.„ .. Y OFFICE V AS TO FORM. c .:,, Y ATA4CK J.McCU�.LAH LL,9 C.,)141 �: GENERAL COUNSEL tzzi- ,......,,, 5,i; ' DATE: TY/1/S- ,..,..... Monroe County:S Sheriff's Office—MOU UASI FY 2023 Page 3 of 3 - " BOARD OF COUNTY COMMISSIONERSCOUNTY of MONRUE 1"�r �;�� � Mayor holly Merrill Raschein,met s ki Mayor Pro Tem James K.Scholl,District 3 TheFlorida Keys Craig Cates,District 1 Michelle Lincoln,District 2 , David Rice,District 4 Board of County Commissioners Meeting May 15, 2024 Agenda Item Number: C14 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: f,',"Y' 2023 UASI - Exhibit l,pd.(i' 2023 U,A,Sl &.idget,,, 2,lI,'pdf 2(l,12311-11h��(')O'",," ',IN/l�oi)sr!(");a,i,,,,,��"Y,iik, ............. ---------- ..... FINANCIAL IMPACT: N/A .......... a C�� m CITY OF MIAMI DOCU -­­­­­­--- MENT ENT ROUTING FORM ...' ..ummmurw,mmmo¢uv m ORIGINATING DEPARTMENT: mFire-Rescue DEPT. CONTACT PERSON: Vishwani Ramlal-Cam bell EXT. 5465 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "mM,onroe,Count IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES Q( NO TOTAL CONTRACT AMOUNT: $ _mm mmm FUNDING INVOLVED? ❑ YES ® NO TYPE OF AGREEMENT: ❑MANAGEMENT AGREEMENT ❑PUBLIC WORKS AGREEMENT ❑PROFESSIONAL SERVICES AGREEMENT ❑MAINTENANCE AGREEMENT ❑GRANT AGREEMENT ❑INTER-LOCAL AGREEMENT ❑EXPERT CONSULTANT AGREEMENT ❑LEASE AGREEMENT ❑LICENSE AGREEMENT ❑PURCHASE OR SALE AGREEMENT OTHER:(PLEASE SPECIFY) Memorandum of Agreement PURPOSE OF ITEM(BRIEF SUMMARY):To execute FY 2023 Urban Area Securit Initiative UASI and Memorandum of Agreement (MOA). COMMISSION APPROVAL DATE: 2/22/2024 FILE ID: 15350 ENACTMENT NO.: R-24-0070 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL,PLEASE EXPLAIN:............._. -w„m m„ ROUTING INFORMATION Date PLEASE PRINT AND SIGN PRINT:ROB ' f APPROVAL BY DEPARTMENTAL DIRECTOR 6/10/2024 SIGNATURE: A0�t� ............ ........w PRINT:ANN- ARPE SUBMITTED TO RISK MANAGEMENT 6/10/2024 SIGNATURE: Fr" v`j ..... ......� ...... .........,,,, ..........__.. _._....... .d...., ..._. m ...... a.�PRINT: GEO N SONG fl- D SUBMITTED TO CITY ATTORNEY 6/10/2024 _.._. — �... ..m_. _.. SIGNATURE: Gt,br � W ib PRINT: APPROVAL BY ASSISTANT CITY MANAGER SIGNATURE: PRINT: ART NORIEGA RECEIVED BY CITY MANAGER 6/11/2024 DocuSignedby: SIGNATURE. Q t4h-"0" PRINT: 1) ONE ORIGINAL TO CITY CLERK, SIGNATURE: 2) ONE COPY TO CITY ATTORNEY'S OFFICE, PST: SIGNATURE: 3) REMAINING ORIGINAL(S)TO ORIGINATING DEPARTMENT PRINT' SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS RE UMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2023 "Monroe Coun " Agreement Number: R0924 FAIN Number: EMW-2023-SS-00058-S01 CFDA#:97.067 This Agreement is entered Into thds i day of June ,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 2-2.2024, 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 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. Ill.DEFINITIONS A. Critical Infrastructure: Any system or asset that if attacked would result in catastrophic loss of life and/or catastrophic economic loss management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. B. Core County: The County within which the core city is geographically located. The core city is the City of Miami. C. UASI Grant Program 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 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 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 cant'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"Exhlbit#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 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 wiil provide financial and performance reports to the sponsoring agency in a timely fashion.The Sponsoring Agency will prepare consolidated reports for submission to the State of Florida as stipulated in"Exhibit 1". C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel. D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28, Florida Statutes,and each party agrees to be fully responsible for the respective acts and omissions of Its agents or employees to the extent permitted by law. Nothing herein Is intended to serve as a waiver of sovereign immunity by any party to which sovereign Immunity may be applicable. Nothing herein shall be construed as consent by a municipality, state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement or any other contract. E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive,and pay invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency. VII.FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $750,000 or more of Federal funds during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and 2 CFR 200. 5 B. The Secretary of Homeland Security and the Comptroller General of the United States shall have access to any books, documents, and records of recipients of UASI Grant Program 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". Vill. CONDITIONS,AMENDMENTS,AND TERMINATION A. The Participating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex,age, or national origin In fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation,or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement,and the remainder of the Agreement shall remain in full force and effect. C. This Agreement may be terminated by either party on thirty (30)days written notice to the other party at the address furnished by the parties to one another to receive notices under this agreement or if no address is specified,to the address of the parties'signatory executing this contract. D. This Agreement shall be considered the full and complete agreement between the undersigned parties and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except for any executory obligations that have not been fulfilled. 6 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 Countemarts: 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: DocuSigned by: r"ar -Dac aaftned by; r q u&gned by:. r BY: BY: Todd B. Hannon Arthur Noriega City Clerk City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: DGcuftned b " .®s r• ust®ned by: �° l(( .... Y:......aanRFAFFAft,4a� George K.WysongIII Ann-MadeP Director City AttorneyDepartment f Risk Management 7 PARTICIPATING AGENCY "(sub-recipient)" BOARD OF COUNTY COMMISSIONERS r "`` OF MONROE COUNTY, FLORIDA E . VIN MADOK, CLERK fZ .. a Name: Elizabeth Yongue NAME: Holly Merrill Raschein Title: Deputy Clerk TITLE: FID#: 59-6000749 DUNS: 073876757 APPROVED AS TO FORM AND CORRECTNESS: . 1 ..... ...;............. ....._m___ Participating Agency Attorney 8 AGENDA ITEM SUMMARY FORM, File lb: 91 350 Date: 01/08/2024 Requesting Department:Depadment of Eire - Rescuo Commission Meeting Date: 02/22/2024 Sponsored By: District Impacted: All Type: Resolution Subject: Spectal Revenue Proiect-UASI Grant Prooram FY 2023 Puraase—of Item Resolution to establish a Special Revenue Project entitled"Urban Area Security Initiative ("UASI") Grant Program FY 2023", 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. Baak_ground ofItem-, The Department of Fire-Rescue("Fire"), through Its Division of Emergency Management ("DEW), 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 $1-3,802,313.00, which targets DHS funding 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 100% 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 I 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 Once, 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 Irp PwA Analvsis Item Is Related to Revenue Item is an Expenditure Item Is NOT funded by Bonds Total Fiscal Impact: Total F 27,468.47 Stark Up Caaital Goat:$13,802,313.00 Spedal Revenue Account No:11100.1 89000.4al 000,0000,00000(Grantl J,111 0,189000.512000.Q00.90000(Salaries 11100.189000.521000.0000A0000(FICA) Ravi wed y Dambnent of Fire-Rasoue Ty Mct3ann Firs Deperbrrent Review Completed 01/08=41:02 PM Dembnerrt of Fire-Rescue Johnny Duran Fire Budget Review Completed 0WN=1:26 PM Department of Rke-Rescue Eby Gaarda Fire Chief Review Completed 01A)W D24 7:21 AM office of Maragenamt end Budget Pedro Lacrert Budget Analyst Review Completed 01/OW202411:21 AM offics of Management and Budget Marie Goutn Budget Review Completed 01/16/2024 7:30 PM City Managers ORkre Arthur Nodsga V City Mmnager Revew Completed 0111 6=4 7.31 PM tegislstive Division Valentin J Alvarez Legislative Division Review completed 01M R 024 7:47 PM Me of the City AUomey Juan Carlos Perez ACA Review Completed 02AX=24 6:38 PM OfOoe of the ft Attorney Minis m6ndez Approved Form and Correctness Completed 02/07=4 9-46 AM City conxrisslon NWa Ewan Meeting Completed 02/2212024 9:00 AM i I City of Miami City Hall Le islation 3500 Pan American Drive g Miami,FL 33133 Resolution www.miamigov.com Enactment Number: R-24-0071 File Number: 15350 Final Action Date:2122/2024 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("FDEM°);AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANTAWARD 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 AGREEMENT(S)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 DECEMBER 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 2023-2024 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, i 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 CPrograml for Fiscal Year("FY")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 bulld an enhanced and sustainable operations capacity to prevent, respond to,and recover from threats or acts of terrorism("Pro)edl;and WHEREAS, In accordance with the FY 2023 Program,the attached Memoranda of Agreements("MOAsj with the Partners of the City, Including Broward County Emergency Management, Broward County Sheriff's 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 UASI Program administered by Fire and will permit the City to reimburse Re 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 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 30,202-2("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.W8,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-W2 or the Capital Plan to the contrary, an affirmative vote of the City Commission Is required prig^to any and all movements of monies that are different from the line Item-budgets'approved amounts as adopted on September 13, 2021 for the Capital Pian 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!U230;`Fire seeks approvai to create and subsequently-hire-twm(2).now--.. 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 shah 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 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") i Grant Program Fiscal Year 2023 I RESOURCES; Department of Homeland Security CDHS") $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 adept 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 Attomey,in order to Implement the acceptance of and compliance with the Grant, Section 4. The City Manager is further authorized'to extend the PY2023 Program,as necessary and to execute MOA with the Contiguous Partners for the purpose of stetting 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 S.The City Manager Is authorized'to approve the creation and subsequent hWng of two(2)new clvlilan 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 pursuant to Resolution No. R-23-0448 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.2 APPROVED AS TO FORM AND CORRECTNESS: �� is 4 7/u um °X''v "t`4 dei t°sity'Attor zey 2l71202 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. THE CITY OF MIAMI,a municipal Corporation of the State of Florida ATTEST: DocuSigned by: ...�" DocuSlgned by: DocuSiOned by: - �'"'� ? B Q I�Vtt lea BY: uws� w wow ��� � Y: Todd B. Hannon ...° ro..m Arthur Noriega City Clerk City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS REQUIREMENTS Docuftned by: pGacuSigned By: :u; skrra ,.. ...._ BY Victoria M6ndez Ann-Marie Sharpe,Director City Attorney Department of Risk Management Counterparts and Electronic Signatures.This Agreement may be executed in any number of counterparts,each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement.The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile,PDF or other email transmission),which signature shall be binding on the party whose name is contained therein.Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 0 c � c � � � � �� C a i in `pVpl a � O p� C O a Agreernerrt Number:R0924 FEDERALLY FUNDIM SU13AWARD AND ORANT A0REEWNT C.F.ft.9200,1.*tss�fa%bawW may be kr6iA cl throughAny hmn of legal agroement,-Inr.Ldng an agreement that the pawthrough entty oonalders it contraot' As defined by 2 C.F,R,§200.1,"pase,through entry"mearm"a non-Federal entity first provides a stom"rd to a 8041edplent to carry out part of a Federal program." As dented by 2 C.F.R.l WA.'8tb-RedpRW'means`a non-Federal entry that n ioelves a subaward Rom p pess-throuph antty to cam out part of a Fadwal award. As dettrred by 2 C.F.R.§200.1.'Federal sward"mom"Federal tinanoW aselstorm that a non-Federal snug+ receives Omby from a Federal awarding agency or indit*Ran a poes-through antity." -an award p 157Y o 9 en*to a aw -- Reolpisnt for the sub,Re0#W to oany out part of a Federal award recoVed by ttm pass-dough a*.' The following kdormadorl k provided pursuantto 2 C.F.R.It 200.332: Srrb-FtedpJWs.name: go of 1410 Elm Down M Sub-RedpW6 unlque aft IdontHIsr: 072220701 Federal Award Idertlflaaft Number(FAIN): W~2M$-o�llSB 8ai Fedatal Award Data. Ibm—Q ,$�M,¢ - ., StbawaM Period of Perfottnanae Start and End Date, 009-MMMS Budget Period Start and End Data: tit -MJJ2021 Amount of Federal Funds Obllg W by flits Agreement Total Amount of Federal Funds OfAgaded to the Sub-Reatplent by the pass-through entity to Include thle Agmerrtenf: 0 911,8A8.op Total Amount of the Federvi Award oomm{ited to the Sub-Reolplant by tte pa"rough entity: Federal Awwar+d proJectdeocripton(sea FFATA): $e�At�krhk�,0i4�p{ry�Ariioies Name of Federal awaf tng agency: a"of Ha►mstend t4anurity. Name of p9ee-lhrough entry: F {Inn ar EmemenCor.Marnt Contest Information for the pas&*vough annoy: j Wn%kris,IMAM.Q1Mg6or T Ile oheaeAB,l?igrIde AM Assistance LiOros Nutyibsr and Tree gLQjX-Bg=bjOd AM= Whether the award to Rip: ba . InciftwA out rats for the Federal award. $9, 1 0 THIS AGREEMENT is entered Into by the State of Florida,Dlvielon of Emergency Management,with headquarters In Tallahassee,Florida(hereineiftar referred to as the"Dh+islorij,and City of Miami Fire Rescue,(herainafter Warred to as the"SubrftolplenV). For 1h®purposes of this Agreomnt,the Division serves as the pass rough entity for a federal avvW.and the$tab.Reolplent serves as the reclplent of a subaward, THIS AOPR!EMENT IS ENTERED INTO BA w oN THr=FOLLOWING REPRESENTAMON& A. The ft-Reolplent represents that k Is fully qualified and eligble to receive these grant funds to provide the ssrvloes Identified herein; S. The State of Florida revelved these grant funds from the Federal Government,and the Division has the euthorlty to subgrant these funds to the Sub•Reraplent Wn the terms and conditions outlined below;and, C. The Division has statutory authority to disburse the funds under this Agreement. THMEFORE,the Division and the Sub-Reoipient agree to the folWng: (1y ,�('�61�,,�#"�1C1N.dF'8't'A'i'E_LA1N7�T�(13.AGf�EEMEN� 2 C.F.R.§20=2(a)provides:"Eoch stato most expend and accountforthe federal award in accordance with a%te laws and procedures for expanding and aaeounting.for the state's own funds..." Wherefore,section 216.971,Florida Statutes,entRW"Agreamsms funded with federal or state assistance,"applies to this Agreement. , (2) LAW.RU1.M BEGULATIONA 6W E91-1 a. The Sub-Reciptent's perfarmanos under this Agmement Is eAsct to 2 C.F.R.part top,gntitled"Uniform Administrative Roquiramants,Cost principles,and Audit Requirements for Federal Awards," b. As required by Section 215,971(1),Florida Wutes,this Agreement includes: j I. A provision apec*ng a scope of work that clearly aetablishes the tasks that t the Sub-Recipient Is required to perform. It. A provision dividing the agreement into quantifiable units of dellverables that roust 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 squired minimum level of wvire to be performed and the oriferls for evaluating the successful completion of each deliverable. NI. A provision speolfying the financial consequences that apply if the Sub., Reciptont falls t4 perform the minimum level of"rvloe required by the aagreement. I I 1v. A provision specifying that the Sub-Recipient ray expend funds only for ' allowaWs costs resulting from obligations Incurred during the speatffed agreement period, v. A provision speolfft that any balance of unobllgated funds which has been advanced or paid must be iofunded to the Division. 2 A, A provision specifying that any funds paid In exoess of the amount to which the SubAeclplent Is&-Mod under the tomm and conditions othhe agreement must be Wunded to the Division. o. In addition to the ford oirq,the Sub-Reciplent and the Division shall be ov!erned b ^-------�- all applicable State of Florida and Federal laws,rules and regulations,Including those Identified In Attachment 0. Any express reference in this Agreement to a particular statute,rule,or mguMon In no way ImpLW that no other statute,ruds,or rsgulefton applies. (3) QMM&Qj a. In accordance wlth section 21&971(2)(a)t,Florida StWAse,the Division's Grant Manager shall be responsible for anforaing performance of this Agm nrent's terms and oondlttons and shall serve soft UIvlslan's Ralson with the Sub-Recipient the Brent Manalfer for the Division shall: L Monitor and doournent Sub-F Adplent perfomrnanoea;and, IL review and docwnant all delhrerablee for which the Stub-Recipient mquesta b. The DNlston's Gmt MaMer for this Agreement Is Mind%Jwklns 2055.9homod QNS.12 TAAl1 ,plod o. The mama and address of the Representstive of the Sub4bciplent responsible for the administration of this Agreement W A%4 Fire ChlefAdrian algoWe 444 SW 2nd Avenue, 10fh gW Mlaiid.F'L, 33130 Telephone: 306-416.6402 p43C 805 416-48b Emall: A�mlamigoaL o d. in the event that differont representatives or addresses are deslgnnated by either party after execration of this Agmment notloe of the name, title,and address of the new representative shall be provided to the other party. (4) TERMS ANQ CONDITIM This Agreement contains all the terms and conditions somed upon by the patrtlas. 3 This Agreement may be exoouWd in counterparts,each of which shall be an anginal end all of which shell constitute but one and the same instrument, This Agreement shall be signed by the Sub-Reoiplent and returned to the Division for execution no War than forty-five(.46)days following initial notification of reaelpt.Failure to return the signed igreement by the deadline may result In termination of the grant swwW, (6) MQDIFlCA=N Either party may request modlfkttlon of the provisions of this Agreement. Changes which am agreed upon shall be valid only when In wrliing,signed by each of the parties,and attaohad to the original of this Agreement. 8ubreoiplants may Inklerto a one-time extension of the period of performance by up to six (e)rmrnths unless one or more of the conditionsr outlined in(1)through(I11)of this section apply.For one- time exterrilons,the subrecipiant shall notNy the Division in writing with the supporting reasons and revised period of performance of least one hundred eighty►(160)Wandar days before the wW of the pMod of performance.This one-time extension shall not be exercised merely for the purpose of spending down the award balance.Exteoslons require expliolt prior Dlvlalon approval when, (1)The terms and oondltlona of the federal award prahibit the exterialon, i (g)The extension requites additional federal funds (1I1)The eMnslon Involves any change in the approved o bjeativaa or scope of the prgW. (7) KQP�!�. The Sub-Reciplent shalt perform the work In accordance with the Budget and Scope of Work,Attachments A and S of this Agreement. (8) 15aBIOQ4f 1A0 EMEN1. This Agreement shall b®gln upon execudan by bath parties sand shalt and September " '• 30,2025 unless terminated earlier ln.aaoordsnoe with the provisions of paragraph(17)of this Aor"mesnt. Consistent with the definition of"porlod of perforn'+ttnce"contained in g C.FA§200,1,the term"period of agreement"refers to the lime during which the Sub-Recipient'May Incur new obligations to varry CMI the work authori ted under'this Agreement, In accordance with 2 C.F.F;L§200.1,the Sub-rtsolpleant may tocelve reimbursement under this Agreement only for"tallowmble costs htcurred during the perlod of performance." In accordance with section 216.971(1)(d),Florida Statutes,the Sub•Reclplent may expend funds authorized by this Agreement"only for allowable oosts resulting from obllgatlorts Incurred during" , the period of agreament j (9) FUN PING d, This Is a cost-raimbursement agreement,subject to the waliability of funds. b. The State of Fk+rltiO performances and obligation to pay under this Agreernord is contingent upon an annual appropriation by the Legislature,and subject to arry modification In accordance with either Chapter 216, Fiortda Statutes,ortho Florida Constitutlan. 4 a The Division shag reimburse the Sub-Roolplent only fdr allowable coats inoumad by : the Sub•Rooiplent In the auccesefui completion of each deliverable. the maximum reimbursement amount for esoh deliverable is outlined in Attachment A and B of this Agreement(Budget and Sawa of 1+Uork"). The mardmum reimbursement mount for the entirety of We Agreement 3,602,313.00, d As wired by 2 C.F.R.§200.410(a),any request far payment under this Agreement y shag Inotude a oettiftwtion,akmed by an gMWOI WA je,BSot M 10 IMgM_bind the$utrftaQiptent. which reads as k1 ows: "By elgrdng this report,I owily to the beet of my knowledge and bsllef that the report is hw,complete,and aoourate,end the axpendituures,disbursements and oaeh reoelpts am for the purposes and objectives eat forth In the teams and conditions of the Federal award. I am aware that any Use,flctigous,or fraudulent irdorrrration,or the omisslon of any material fact,may subject me b Or meal, civl or adminlstrathve penalties for fraud,false statements,false claims or otherwise.(U.S.Code'title 18, Section 1001 and Title 31,Sections 372D-3730 and 3801-3812)" e, The Division shall review any request for rehnbursament by comparing the _ _..__ .. . _ _.�_� dooumentatlen-provided•by-8re•Swb-Gt®�lentage�rst•a-perl�mancarr�sure,•oudin�pd•tnA►�Cirrraerat•R,.._ . ._ __� _•_._ that clearly delltwOss: i. The required minlmum acceptable(mrel of servlae to be performed;and, IL The criteria for evaluathe the sucxtessfut oomplotion of each deliverable. f. The porbmtan oo mearsure required by section 216.9710 xb),Florida Statutes, remains oonslstennt with the requirement for a"performance goal",which Is defined In 2 G.F.R.§200.1 as °s target level of performance expressed as a tongible,measurable objedive,against which actuel achievement can be compared" it also rarnsine consistent with the requtaenrsnt,contained In 2 C.F.R.§ 200.329,thst the Dlvlston and the Sub-Reciplant"mate financial data to pertprmenoe goals and objectives of the Federal award." g. If authorized by the federal awarding agency,then the Dlvlalon shell refturse the Sub-Reofpient for overtime expenses In acaardence with 2 C.F.R.§200.430 COompunsatlon rsonal servlaas")and 2 CAR,§200AS'1 benefttal. if to Sub-l1e*iont seeks reimbursement for overtime expenses for periods when no work is parkaned due to vacation,ho day, illness,failure of the employer to provide suftlaient work,or other al miler cause(*929 U.S.C.§ 207(e)(2)),then the Division shelf treat the expense as a fringe benefit, 2 C.F.R,§200.431(a)daflnea fd noo benefits as`allowances and services provided by emptoyers to their employees as compenadort In addition to regular salaries and wages." Fringe bensffts are allowable under this Agreemeni as long as the benefits are revaonable and are required by iaev,B"edphW-employes agreement,or an established po ft of the SuhAeclplent. 2 GAR.§200.431(b)prmvldes that the cost of(tinge benefits In the form of regular compensation paid to employees during peribds of authorized arbsenose from#18 job, arch as for annual leave,Family-rolated leave,sick leave,holidays,court leave,mllkary have, administrative leave,and other sindter baneftte,are allowable d all of the following criterla am met: t. They sire provided under established written leave policies; , U. The costs are equitably olioceted to all related actlAtles,Including federal awardo;and, M. The accounting basis(cash or soorual)selected for cooting each type of leave is consistently folllowod by the non-federal entity or specified grouping of employees. h, H authorized by the federal awarding agency,then the Division shell relmbures the Sub,Reclplent for travel expenses In accordance with 2 C.F.R,$200,476. Relrnbureement ibr travel shall be In accordance with section 112.061,Flarida statutes,whitsh Includes submission of tho dolm on the approved state bovel voucher. #the 6ub-fieolpient seeks reimbursement for travel costs that exceed the amounts stated In&action 112.061(a)(b),Florlds$Mutes($6 for breakfast,$11 tr klnoh,and$1 a for dinner),then the Su"wciplent shall provide documentation that: 1. The oasts are reasonable and do not exceed charges normally sll"ad by the Sub-lZeelplent to its regular operations as a result of the Sub-Rodplent'e Writ*travel policy;and, R. Participation of the Individual In the travel Is neoossary to the Federal%mrd, I. The Division's grant manager,as required by section 210,671(2)(a),Florida Statutes, shall rscoanolle and veft all funds received against all funds expanded during the grant agreement period and produce a ftoal reoonciiletlon report` The final report shalt tdardV any funds paid In excess of the expenditures Inourred by the Sub•Reclplent, J. As defined by 2 C.F.R.§200.1,the term"Improper payment°meahss or Includes: 1. Any payment that should not have been made or that was made in an Inmoot amount(inctuding overpayments and underpayments)under statutory,oontraotual, sombtlstraM,or other legally appliaable requirements;and, 11, Any payment to an Ineligible party,any payment for an lnell k*good or sere,any duplicate payment,any payment for a good or service not received(except for such ps rmenta where asrthoriaed by law),any payment that does not account for oredd for applicable discounts,and any payment where insufficient or lack of documentratkrn prevents a reviewer from discerning whether a payment was proper. k. Any advanr4 payment under this Agreement is subject to section 210.101(16), Florida Statutes.All advances are required to be NO In an Intoreat-bearing amount and may not exceed percent of the grant award. If an advanos,payment Is requeatod,an estimated expense table,and Justlttoatlon staternent shall be included with this Agreement as Indicated in Attachment E,Justlftcahon of Advance payment.Attachment E shalt specify the amount of advance disbursement regueatod and provide an explanation of the naceselty for and proposed use of the fund% (10)Bwap a. As required by 2 C.FR 9 200,337,the federal awarding agency,tnspeetars General, the Comptroller General of the United States,and the i7lvlsfon,or any of their authorized representatives, shall enjoy the right of anoess to any documents,papers,or other records of the Sub-Reaiplent whiah are pertinent to the Federal award,In order to make audits,examinations,excerpts,and transcripts. The right 6 of access also Includes timely and reasonable access to the Sub-Realplent's personnel for the purpose Of Interview and dlsaereslon related to such documents. Flna4y,the right of eaoees Is not limited to the required retention period but lasts as long as the records are retained. As raq<alrO by spopmp 2O.OW6)(g)and 29 b.07(5)(b),Fbri�SW",the Division, the Chlof Inspector General of the State of Florida,the Florida Auditor General,or any of their authorized representatives,shag enjoy the right of access to any documards,fInanclai staiernents,papers,or other records of the ft-Redplent whloh are pertinent to this AgreemeM.In order to maks audits, examinatlona,excerpts,and tansoripts. The right of access also Includes timely and masonatrla mess to ttie Sub-Rseiptent`e personnel fcr the purpose of Interview and discussion related to such documents. c, As requhd by 2 C.F.P.§200,334,the Sub-Rselplent shag retain sufficient reconds to show Its compliance with the terms of this Agreement,as welt 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 w9afnditure report.The following are the only a wwtlons to the three(3)year __ . __... ... requirement.-Fir mclal•recorcisrsupporting doewmerlte;-sWistleal records;and-all other t ►ra ralentlty- ___ ._.___ . ..._. records pertinent to a federal award shall be retained for a period of three(3)years from the date of submlaslon of the final expenditure report Qr,for federal awards that are renewed quadorly or annually, from the date of the submission of the quarterly or annual firranolal report,respectively,as reported to the federal awarding agoncy or pees through entity In the oats of a Sub-Recipient.federal awarding agenoies; end pass4hrcugh entities shall not Impose any other record retention requirements upon non-federal entities. L If any Mtigation,cterim,or audit Is started before the expiration of the three(3)yes'period,the records.shall be retained until all Iltlgation,dairns,or auditfindings invoMng the records have been molved and final actlon taken. H. When the nonfsdoW entity Is notified in writing by the federal awardN agency,cognizant spency foraud%oversight agency for audit,oognivot agency for Indirect costs,or pass-through entity to extend the retention period. 0. Records for real property and equipment acquired with federW funds shstll be retained for three (3)years after final disposition. Iv. When records are transferred to or rnaIntalned by the%denal awarding agency or pass-tN%gh entity,the three(3)year retention requIrermrent Is not applicable to the non-federal entity, v. Records for program Income transactions after the period of performance.In some comes, recipients shall report program Income after the period of per.Whore there to such a raWkement,the retention period for the records pertaining to the earning of the program Income starts from the tend of the non4aderal entlVa fiscal year in whdoh the program Income Is earned, vi. indirect cost rate proposals and cast allooaft*plans.'Phis paragraph applies to the following types of documents and their supporting accords:Indiraot coat rate computations or proposals, cost allooatton plans,and any similar accounting computations of the rate at which a particular 7 group of ousts is chargeable(such as computer uslage chargsbaok rates or composite f inge benefR rates). 1, if submitted for m*otlatlon. If the proposal,plan,or other computation Is required to be submitted to the federal Government(or to the pans-through entity)to form the basis for negotletlon 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 n090110110n. If the proposal,plan,or other computation Is not required to be submitted to the federal Government(or to the pass-through en0y)for negotiation purposes,then the throe(8)yoar retention period for the proposal,plan,or computation and Its supporting records starts from the end of the fiscal year(or other accmrntin8 period)covered by the proposal,plan,or other computation. d. In aoaardence with 2 C.F.R.6 200,336,the federal awarding agency shall request transfor of certain records to Its.custody from the DIvislon or the Su"oolplent when R determines that the moords possess longterm retention value.However,in order to avoid duplicate reaordkeeping,the federal awarding agency may make arrangemants for the non-federal entity to retain arty records that are continuously needed few joint use. a, in accordance with 2 C.F.R,§200.300,the Divlelon shall always provide or accept paper versions of Agreement inforrnatlon to and from the Srr Aiscipient upon request. If paper coples are submitted,then the Division shell not require more than an original and two copies. Where original records are electronic and cannot be altered,there Is no need to areato and retain paper copies. Man original rewrds are paper,electronic versions may be substituted through the use of dupilca*n or other forms of electronic media provided that they are subject to periodic quality control reviews,provide reasonable safeguards against alteration,and remain readable. f. As required by 2 CAR.#200,30 0),the Sub-Reolplent shall take reasonable measures to safeguard protected personally,identitiaW Information and other information the federal awarding Wnoy or the Division designates as sensitive or the Sub-Reciplent considers sensitivs consistent with appilcable,federal,state,local,and tribal laws regarding privacy and obligations of confidentiality, g. Section 286,011,Rorida Statutes(Florida's Government In the Sunshine Law), provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements:(1)meefts of public boards or commissions shall bo open to the public;(2) reasonable notice of such meetings shall be given;and(3)minutes of the meetings shall be taken and promptly recorded. The mere reoelpt of public funds by a private entity,standing alone,is Insufficient to bring thatentitSry within the ambit of the open government requirements. However,Sactlon 28e.011, Florida Statutes(FkS IUe Government in the Sunshine l.srw),also applies to private entities that provide servim to govammiental agencies and that act on behalf of those agencies in the agencies'performance of their publio duties. If a publio agency delegates the performance of its public purpose to a private S entity,then,to the extent that privet entity Is performing that public purpose,Section 288,011,Florida statutas,the Government In the runshine Law applies. For exernple,IN volunteer Are department provides fFrefighting services to a governmental entity and uses facilities and equipment purchased with public funds,then Sanction 286.011,.Florids Statutes,(Govemment In the Sunshine Law)applies to board oPdirectotsfarthat'Vciuni 8ra'dep t; Thus,to»re 6x*iit ifiatlhe i�overnni6nt in�the'Suhshln Law applies to tho Sub-Recipient based upon the funds provided under this Agreement,the m"Inge of ? the Sub-ReotplenVa governing board or the meetings of any subcomrntttes making recornmonfttlons to the governing board may be subject to open government requlremants. These meetinpe shall be pubilaly noticed,open to the public,and the minutes of all tha mestlive shall be public records,avaliablo to the public in accordance with chapter I10,Florida Statutes, h. Chapter 1 Yig,Florida Statutes(Florida'$Public Records Low),provides a rIpM of j aoaese to the records of the state and local governments as well as to prWe,entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature,all materMs made or received by g agency( p ty _.._ . Y n wNh a emm5hntsrl a eta or a duets anti acting on behalf of each an a eno fn�undid r __...._ . ...... .._�'—offlolal business which are used t4 erpetuto,comrhunlcate,or forMalixs knowledge qually as public rapords subject to publio inspection. The more receipt of public funds by a privets entity,standing alone, is tnsuffklent to faring that entity within the ambit of the public record requirements. Howdver,when s public entity delegates a public 1unollon to a private entity,tho records generated by the private erdity`a performance of that duty become public records, Thus,the nature and soope of the services provided by e private antlty determine whbther that entity Is acting on behalf of a public agency and Is therefore subject to the requirements of chapter 119,Florida Statutes, I. The Sub-Realpient shall maintain as nmoords for the Sub-Recipient and for all aubcontraotors or consultants to be paid from funds provided under thls Agreement,Including docamentatlon of all program costs,in ar form sufficient to determine compilance with the requirements and objectivea of the Program Budget and&rope of Work-Attachment A and 19-and ail other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS NEGARDING THE APPLICATION 4F CHAPTER 110, FLORIDA STATUTES, TO THE CONTRACTOR'$DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT; (080)816.7071, Rseords@*m.myflorlda.coml,or 2550 Shumard Oak Boulevard, Tallahassee, FL 32299. (11MUMIA a. The Sub-Realplent shall comply with the audit requirements contained in 2 CAR. ; Fait200,Subpart F. lad In eocov nting for the receipt end e pendIture of funds rdrnder this Agreement,the Sub-Reolpient shag follow Generally Accepted A000unting Prinelplos("C W11). As defined by 2 CY.R.§ 9 l a • r 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 under this Agreement, the Division shall use Generally Accepted Government Auditing Standards("GAGAS'). As defined by 2 C.F.R.§200.1, GAGAS, "also known as the Yellow Book,means generally accepted government auditing standards issued by the Comptroller General of the United States,which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty(30)days after the Division has notified the Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor,which is defined in section 215.97(2)(i),Florida Statutes, as"an independent certified public accountant licensed under chapter 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 behalf of the Sub-Recipient,to the Division at the following address: DEMSingleAudit@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 management letter issued by the auditor to the Division at the following address: OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 to a, Consistent with 2 CAR,§200,328,the Sub-Ileclplent shall provide the Division with quarterly reports and a mrioo-out repot. These repots shall Include the curnermt stains.and progress by the Sub4isolplent and all suboorrtraotors in completing the work described in Attaahment 8-Scope of Work and the efxpenditure of funds under this Agreement,In addition to any other Infonnatlon requemrtad by the Division. b. Quarterly reports am due to the Division no later than thirty(30)days offer the end of each quarter of the program year and shall be sent each quarter until subrrisslon of the alone-W report. The ending dates for each quarter of the program year are Morch 31,June 30,September$0,and Deoembor$1. o._ The arose-cut report Is due sbdy(80)days after termination of this AgreernW or thirty(30)days after completion of the activities oonWned in this Agreement,whichever fast occurs. d. If all required reports and copies are not sent to the DIvIslon or are not completed Ina mover acceptable to the Division,then U Division may withhold further poymonts until they are oomplelled or rhay take other action as stated In Paragraph(18)REMEDIES. "Acceptableto the Olvlabn" mans that the work product was competed In accordance with Att imants A and S of this Agreement. • e. 17*Sub-Recipient ehail provide additional program updates or Information ifs may be required by the Division. f. The Sub-Realplent shall provide additional reports and Information IdenWW In Attachrrtent B. (13)DdOMMM, a. Gorisieterrtwilh 2 C.F.R.j 200.328 the Sub-Reolpler t shall morritcr its porfonrtance under this Agreement,as weA as that of Its suboomtractor s and/or consultants who are paid*w fund provided under this AgraomW,to ensure that time schodules are being Met,the schedule or Deliverableo and Scope of Work are being accomplished within the specified time periods,and other perbmianos goals are being achieved. A review shall ba done fnr each fumction 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 linnked to,On-eke visits by Division staff,limited scope audits,and/or other procedures. The Sub-Reciplent agrees to comply and cooperate with any monitoring pmeedures/proc asses deemed opproprlate by the Division. In the event that the Division determines that a limited scope sudff of the Sub-Reolplent Is appropriate,the Sub-Radptent agrees to comply with any additional instructions provided by the Division to the Sub-Reoipisnt A%mrdtng such audit. The Cub-RecipleM further&prose to comply and 000porste with any Inspections,reviews,invoetigallons or audits deemed necessary by the Florida Chlef Financial o florar or Auditor General, In addition,the division shall monttar the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. 11 (ta)LiABI>rlTY a. Unless Sub-Reoiplent Is a$taut agency or subdivision,as defned In section 768.20(g),Florida Statutes,the SubAsolplent Is solely responstble to parties 4 deals with In carrying out the terms of this Agreement;as authorized by section 788.28(19), Florida Statutes,Sub-Relent shall hold the tlivieb'harmiess*jdirist'WI claimsiRhiievisr nature by third Ottiee eiisiip from the'wcrk per ormar a under this Agreement. For purposes of this Agreerent,Sub-Radphmt agreas that It Is not an employee or agent of the piv%lon but is an independent contractor. b. As required by sentim't 768.26(19),Florida Statutes,any SulrRedpipnt which Is a state agency or subdivision,as defined In section 768.28(2),Florida Statutes,agrees to be fully responalble for Its negligent or tortlow acts or omhmlons which result In daims or sub against the Division,and rrmos to be Iiable for any damages proMmately caused by the acts or omisslone to the a dent set forth In Sooft 7028,Florida Statutes. NOMIng herein Is k*rrded to serve as a waiver of soverelgn immunity by any Sub-tedplent to which sovereign knmunky aippiles. Nothing herein shall be construed as consent by a state agency.or aubdMsIDn of the Sate of Florida to be sued by third parties In arty matter adlstng out of any contract. a As defined In seeft 2DO.84Q Insurenos Coverage:The non-Weral entity shall,at a minimum,provide the equivalent Insuranoe sewerage for real property and equipment acquired or improved with federal funds as provided to property owned by the nonfiedeml entity. Federally owned property need not be Insured unkms rsqulred by the term and conditions of the federal sward. (16)29EAM If any of the following events wour("gents of Defaruk"),all Obligations on the part of the Division to make further payment of funds shall termiraba and the Division has the option to exwolse any of Its rernedles get forth In Paragraph(16);however,the Division may make paytraNrts or partial payments after any ents of default without waiving the right to exercise such remedies,and without becoming liable to make any farther payment If., a. Any wanxv►gv or representsdon made by the SubAscipient In this Agreement or any previous agreement with the Division is or becomes false or misleading In any respect,or if the Sub- Recipient We 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 tMaly fashion,or Is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur In the financial condition of the Sub•Redplent at any time during the term of this Agreement,and the Sub.Reciplent falls to cure this adverse change within thirty(30)days from the date written notioe Is sent by the Division; c. Any reports required by this AOnaamment have not been submitted to the Division or have been submitted with Inoorrect,Incxomplete,or lnwffi*nt Information;or, 12 d. The Sub•Recipiant has tailed to perform and complete on time any of its obligations under thls'Agreement if an Went of Default occurs,then the Division shall,after thirty(30)oalendar days written notlee to the Sub-teclplent and upon the Sub-Reolplenfa failure to cure within those th*(30) days,exerdse any one or more of the fallowing remedies,Wer concurrently or consecutively, a. Terminate this Agreement,provided that the Sub-Reolplent Is given at least thirty(30) days pWwrMtan notice of the termination, The notice shall be effective when placed In the United States,first class mail,postage prepaid,by registered or oertiflsd mail-return rwoot rocluostK to the address in paragraph(3)hereln, b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; a. YVlthhotd or suspend payment of all crony part of a request for payment; d, Require that the tub-Raolplent refund to the Division any rnonles uaad for ineligible purposes under the laws,rules and regulatlonst governing the use of these funds. e. Exercise any corrective or remOlal actions,to inolude but not be limited to: h Request additional Inf mvilon from the Su"eciptent to determine the reasoner for or the extent of non•complisnoe or lack of pew, ii. Issue a wrtten warning to advise that more serious measures may be taken if the situation Is not corrected, Ill. Advise the Sub-Reolplent to suspend,d1scontinus or refrain from inm uTing costa for any octivi ies in question or Iv. Require the SuikReclplent to reimburse the Division for the amount of poets Incurred for any Rams determined to ba Ineligible; f. The Division may Administratively close an Agreement.The Division may use the administrative close-out process when a Sub-Raclplent Is not responsive to reasondble efforts to tolls#required reports needed to complete the standord close. out process.The Division shall make three(3)written attempts to coiled required reports before initiating administrative close-out, In addRicn,If an agreement is adminlstr^afdvely dosed,the Division may decide to impose remedies for noncompliance per 2 C.F.R.§200.339,consider this Information In revlarwing future award applications,or apply special conditions to existing or tutors awards,If the Division needs to admin(stradvety close an agreement,this may negatively impact a Sub-Fteciplent's ability to obtain future funding;and 9, Exorcise any other rights or remedies which may be mailable under law, pursuing any of the above remedies shag not stop the Division from pursuing arty other remedies in this Agreement or provided at law or in equity. If the Dlvlslon waives 13 any rkht or remedy In this Agreen wit or falls to insist on strlat performance by the Sub-Recipl®M,it shall not affect,wdend or waive any other right or remedy of the Division,or artfact the later exercise of the same right or remedy by the Division for any other default by the 6ub-Reolpient. (17).URMIN&MN 4 The Division may tominate this Agreement for cause after thirty days(30)written notice. Cause can Include misuse of funds,fraud,lack of compliance with applicable rules,laws and regulations,fallure to perform on time,and refusal by the Sub•Rect*M to permit public mesa to any document,paper,letter,or other malarial sub)W to disclosure under chaptor 119,Florida Statutes,as amended. b, The Divfslon may terminate ftAgreemertt for Cause after rejecting an appeal submitted due to normroplienc.e,nonactivityy,and/or a lack of expenditures:for bur(4)oonaecutive quarterly reporting periods. .. ....a. .The.0trislon nW..tertninatathis-Agresmentforconvenlencm-or-when-it detemines,.ln Its sake discretion,that continuing the Agreement would not produce benefidal results in line with the further expenditure of funds,by providing the Sub-Reolplent with thirty(30)calendar days prJor written notice. d. The psardes may%"a to terminate this Agreement for their mutual convenience through a vardtten amendment of this Agreement The acne whent shall state the effective date of the termination and the procedures for proper cioeleout of the Agreement s, In the event that this Agreement Is terminated,ft Sub-Re*ent shalt not Incur new obligations for the terminated portion of tiva Agreement after the Sub wolent has re Mul pee notifloatlon of terminatlon. The Sub-Reciplent shall csanoel as many outstanding obligations as possible. Corm Incurred after receipt of the termination native shell be disgomd, The Sub-Redplent shall moll be relieved of Ilabtllty to the Division because of any breach of Agreement by tho Sub-Recipient. The Division may,to the exta*authorized by low,withhold payments to the Sub-Realpiant for the purpose of set-off until the exert amount of damages due the DIVIslon from the Sub-Reaiplent Is determined, (18}J?ROCUR�AfI�NT' . a. The Sub-RedpkW shall ensures twat any procurement Involving funds authaized by the Agreement compiles with all applicable federal and state laws and rapulatlorva,to Include 2 CT ft. § 200.318 through 200,327 as well as Appendirc iI to 2 C.F'.R.Part 200(entitled"Contract Provisions for Non-Federal SntHy Contracts Under Federal Awards"). b. As required by 2 O.F.R.j 200.3180),the Sub-Recipient shall"maintain records suf olent to detail the history of procurement These records shag Include but arcs not neaessa*limited to the fogowing: rotlonale for the method of prgoursemen%selection of oonbv4 type,contraotor soleatlon or rejecllaA and the basis for the contract pride.' 14 I i I o. As required by 2 C.F.R.§200,310),the Su"ecipient shag"maintain oversight to ensure that rwntraotors perform in accordanos with the terms,conditions,and speciftCatlons of their oontra*or purchase orders," in order to demonstifto compliance with this requlrament,the Sub- Recipient shall dooumant,to Its quarterly report to the DMslon,the progress of ariy and all eubcontraotors performing work under this Agreement. d. Fxcept for proauroments by miom-purchaws pursuant to 2 C.F.R,§200,320(a)(1)or procurements by small purchase proosdures pursuant to 2 C,F.R.§200.32*)(2),If the Sub-lRoalplerlt chooses to rsubcoMmot any of the work required under this Agreement,then the Sub-Reolplent shag forward to the Division a copy of any solioltation(whether competitive,or non-compeliflve)at Wet ten(10) days prior to the publication or comrnunloaticn of the solloltetton. The 1:61slon shall teview the solicitation and provldo comments,N any,to the Sul>Reclplant within seven(7)business de". Consistent with 2 CAR.§200,326.the DfWa on shall review the sotloltation for compliance with the procurement standards outlined in 2 C.F.R.§200,318 through 200,327 as well as Appendix It to 2 G.F.R.part 200. Consistent with 2 CAR.§200-318(k),the Division shall not substitute Its judgment for that of the Sub-ke*lant. Me the Sub-iReoiple t does not need Die approval of the Civision In order to publish a competitive solicitation,this review may allow the Division to idondfy deflclenoles In the vendor requirements or in the commodity or service specifications. The Division's review and comments shalt not 00110 ute an approval of the solicitation. Regardless of the DIAlon's review,the Suta-Redpient remains bound by all arppilcabfe laws, regulations,and agreement terms. If during He review the Division Identities any deftclerwAs,then the Division shall communicate thaw defidlencfes to the Sub-Recipient as quickly as possible wthin the seven(7)business day window outlined above. If the Sub-Reolplent pubkhee a competitive solicitation after resolving comments from the Division that the solicitation is deNalent,then the Division may, I. Tarminato this Agreement in scoordence with the provielom outlined in paragraph(17)Above,and, Ii, (Refuse to reimburse the SubAeolplent for any casts associated with that solicitation. e, (~accept for proouremants by mlor"urohem pursuant to 2 CA FL§200.320(a)(1)or pronumments by small purchasepmeedures pursuant to 2 CAR.§200.320(a)(2),9the Sub.Reclpfent chooses to subcontract any of the wodc required under this Agreement,then the Sub-Recipient shall forward to the DIvlelon a copy of any contemplated contract prior to oordraot execution. The Division shall review the unexecuted contract and provide oommmnts,if any,to tho Sub-Recipient within seven(7) businase Clays. Consistent whh 2 CAR.§200,326,the Division shall nwlew the unexeouted contract for compliance with the procurement standards outlined in 2 CAM§200.31E through 200.327 as well as Appendix II 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 SuMeolpient. While the Sub-Redplont does not weed the eppr&ml of the Dlvialon In order to execute a subcontract,this review may allow the Division to Identify deficlenoies In the 15 terms and oonditlons of the subcontraot as well as deflolencles In the procurement process that led to the subcuntracst. The Division's review and comments shall not constitute an approval of the subconbact. Ragerdless of-the Division's review,the&ub-Aecipiant remains bound by all applicable laws,regulations, and agreement terms. If during its review the Division identifies any deficiencies,then the DMolon shall ._.communicate those deflclenoles to the Sub-Reolplent as qulo*as possible within the seven(7)business day window outlined agave. if the Sub-Recipient executes a subcontract after reoeiving a cwnmunicallon from the Division that the suboontreot Is non•oompllert,then the Division may. I. Terminate this Agreement In accordance with the provisions outlined In paragraph(17)above;and, I Refuse to reimburse the Sub-Reolplent for any costs associated with that subcontract, f. The Sub-Reolplent agrees to Include In the subcontract that(l)the suboontmotor Is bound by the terms of this Agreement,(ID the subs orftotor Is bound by all appilc;able,state and federal _ ._ ......____. _.Laws end SUlettgne,.anQl(fly floe e►tt�oCrtrar.�aeahatl�i�ri.ti Division and..SuixReolp Ifths►miWss-- against all Claims of whatever nature arising out of the subcontractor's performanoe of work underthls Agreement,to the extent allowed and required by law,affected U. iAs required by 2 C.F.R.@ 200.316(c)(1),the hub-Recipient ahall'maintain written standards of conduct covering confllcts of Interest and goveming the actlons of b employees engaged In tha solectivn,Ord and adminletratlon of conbMts." h. As required by 2 CP-R.§200.319(h)contractors that develop or draft spewootlons, requirements,statements of work,or invitations for bids or requests for proposals shall be excluded from competing for such procurements,The Sub-Recipient or pass-thru entity shall dleolose to the Division,In writing,any real or potential conflict of lnterset that may arlse during tho adminleMlon of the Federal award,as dafinad by federal statutes or regulations,ortheir own existing policies,within five(6)days of learning of the conflict of Interest,"Confliot of Merest"Is coneldered a any situation whore an employee, offlaer,a 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 Si recipient or Sub-ReCIPiernt. 1. As required by 2 G.P.R.9 200.319(a),the Sub-Reoipient shall conduct any proouroment under this agreement"In a manner providing full and open oompetition," Accordingly,the Sub-Realpiant shal nO, L Place unreasonable requirements on firms in order for them to qualify to do business; II. Require unnecessary experience or excessive bonding; Ill. Use noncompetitive pricing practtcea between firms or between aff slated i companies; Iv, execute noncompetitive contracts to consultants that are on retainer contracts; 16 , v. Authorize,condone, or ignore organizationral conflicts of interest; vi. Speoffy only a brand name product without allowing vendors to offer an equivalent; vll. Speoify a brand rome product instead of describing the performance, spec1loatfons,or other relevant requirements that pariah to the commodity or service solioltsd by the proourwnent; vAl, Engage In any arbitrary ak tion during the procurement process;or, Ix. Allbw a varidor to bid on a connect fi that bidder was involved with developing or drafting the specifications,requirements,statement of work,invltWon to bid,or request for Proposals, J. Oftept In those cases where applkrabie Federal statutes w9reasly mandate or encourage'otherwise,the Sub-Reciplent,as required by 2 C.F.R§200.310(c),shell not use a geographic preference when procuring commodities or services under this Agreement. k. The SulAaciplent shall conduct any pmourement involving Nwltatlons to bid 0.e. sealed blder•)In accordance with 2 C.l+.R.§200,320(b)(1)as well as section 287.0157(1)(a),Florldea Statutes. 1. The Sub-Recipient shall conduct any procurement involving requests for proposals 0.e.oompetitive proposals)in s000rdanoe with 2 C.F.R.§200.3200x2)as well as siction 2$7.087(1)(b), FWds Statutes. m. For eftoh subcontrreot,the Sub-Recipient shall provide Information to the glvWn as to whether that subcontractor Is a minority business entetprfee,as defined in Section 288.703,Florida Statutes,except for the requirement the ouboontr e0or be domiciled In Florida,on the required Procurement Method Report(F&m S). Additionally,the Sub-R®cplent small comply with the requirements of 2 C.F.R.§200,321(00ontraoting with small and minority businesses,women%business enterprises, and labor surplus area firms"}. n. The Faderei Emergency Manap rent Agency(FEMA)has developed helpful resources fbr Sub-Realplents using federal grant funds for pmourementa.lUse sources ere generally avallable at hftpsJ/www.fems.govlgrante/prmrement. FEWA perkrdically updates this resource page so please check back for the latest Information. While not an the provisions clewed In the resources are applicable to this suWrant agreement,the Sub-Re olpient may find these resotmose helpful when drafting Its sollcitatlon and contract for compliance with the Federal procurement standards outlined In 2 C.F.R.§§ 200.81$through 200.327 as well as Appendix II to 2 C.F.R.Pawl 200, (18)a=UM9NTS AND 90817'S a, All attachments to this Agreement are Incorporated as If set out fully. b. In the event of any Inconsistencies or conflict between the language of this Agreement and the attachments,they language of the attachments shall Control,but only to the extent of the conflict or Inconsistency. 17 c. This Agreement has the fallowing attachments! 1. ahlbft 1 R Funding Sources ll. Exhibit 2--Certiflostion Regarding Tel000mmunl atlons and Video restrictions iII, Exhibit 3-Carfifksatlon Regarding Lobbying tv. Exhlbit 4-Cariffication Regarding Fusion Center Analyst Requirements v. A tschntant A-Program Budget • A, Attachment.B-Oaope of Work Al. Attachment C-Dellvarables and Performances AN, Attachment 0-Program Statutes and Regulations i 1x, Attachment E Justiftastlon of Advanoe Payment 1 x. Attachment Ir-Warranties and Represenitattons xl. Attachment Q-Certification Regarding Debarment,Suspension, In4pglbillty _._._ and Voiun�r EWusldll Al. Attaohment H-SWement of Aseuranaes All, Attachment i-Mandatory Contract Proviatons Av. Attachment J•-Financial and program Monitoring Guidelines xv. Attachment K-EHP guidelines xvi. Attachment L M Reimbursement ChecklM xvll. Attachment M--Foreign Country of Concern Affidavit-Personal Identifying Information Contraot a. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the Federal Officce of Management and Budgeting,the Starts 40hisf i Financial Off1w or under subparagraph(9)b,of this Agreement,sit obligations on the part of the Division to make any further payment of funds shall terminate,and the Sub-Redplent shall submit Its closeout report within thirty(30)daye of reoelving notice from the Division. b, Invoices shoo be submitted at toast quarterly,and shall Include the supporting documentation for all coats of the project or services, The final Invoice shall be submitted within thirty(30) days after the expiration date of the agmament. An explanation of any circumstances prohibiting the subrom or quartoy invoices shall bs submitted to the QN16ion grant manager so part of the Sob. Reoiplent's quanorly reporting as referenced In Paragraph(12)of this Agreement. t o, Any advance payment under this Agreement is subject to 2 C.F.i t,J 200.300 acid,as applioeble,section 216.181(16),Florida Statutes.All requests for advance payments shall be reviewod and considered on a case•by-case basis.All advances are required to be held in an interest-bearing account and shalt not m weed ftty percent of the grant award, If an advance payment is requested,an esilnWed expense table and justifiostion sW m+ant shall be Inaludod In this Agreert L All advance �13 i requests shall be submitted at the time of exsoutlon of the orlglnd agreement,unless an Environmental Historical preservation(ENP)review Is required.if an 151-110 Is required advance payments shall not be processed urrtll approval from FBMA has been received. •Advan a requests can only be made by completing Attachment E end shall specify the amount of advance payment needed and provide an sxplsnatlon of the neceasrlty for and proposed use of these fitnde.No advance shall be accepted for process Ing M a reimbursement has.been paid prior to the submittal of a request for advanced payment. After the InNai advance,'if any,payment shell be made on a reimbursement basle as needed. (21MMM91MIA a, Ail rofunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management",and mailed direotiy to the following address: Division of Emergency Management Cashier 25M Shumard Oak Boulevard Tallahassee FL$239E 2100 b. In e000*ncra with eection 215,34(2),plortda Statutes, If a check or other draft is returned to the Division for collsotlom Sub-Roolplent shall pay the Division a service fee of$1 d,00 or 6% of the Noa amount of the returned check or daft,whichever is greater, (=MMMjgQ MNDLIION$ a. The validity of this Agreement Is wbJeot to the truth and ammay of all the Information,representations,and materials submitted or provided by the 80-Redplent In this}Agreement, in any later submission or response to a division request,or In any submission or response to full'Iil the r equiramente of this Agreement. All of said Information,representations,and materials are incorporated by reference. The Inaccuracy of the submissions,or any material changes shall,at the option of the Melon.and with thirty(%)days written notice to the Sub-Reciplent,cause the termination of this Agreement and the release of the Division from all Its obligations to the 8ub•Realpient. b, The laws of the State of Florida shall govem this Agreement. The Division and the Sub•Reolplant submit to the lurisditstNon of the courts of the Sate of Florida oxoluelvey for any legal motion related to this Agreement. Further,the Sub-Raclplent hereby wsalvea any and all privileges and rights relating to venue it may have under chapter 47,Florida Statutes,end Any and all such venue pdvllages and lights it may heve under any other statute,rule,or case law,Including,but not limited to those grounded on conve3nlenoe. The Sub-Reolptent hereby submits to venue in the county chosen by the t)lvislon,to wit: Leon County,Florida. c, Any power of approval or disapproval granted to the Dhrlslon under the terms of this Agreement shall survive the team of this Agreement. , 19 d, The Sub-Reotplent ogress to comply withh the Americans With Disabilltles Act(Publlo Law 101-330,42 U,S,C,Section 12101 gLM),which prohibits dteWmination by public and private entlties on the basis of disability In employment,public accommod done,transportation,State and local j government servlose,and telsoommunicatlons, ® +- a. lboss who have been placed on the god vendor list fullowing a oonvictlon fore putallo entity crime or on the 1tjft*A vendor Hsi 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 forthe construotlon or repair of a public building or public work,shall not submit bids on teases of real pr+opeity to a public entity,shall not be awarded or peribrm worts as a contractor, supplier,subcontraft,or consultant under a contract with a pubilo entity,and shall not transact business with any public entity in exose of$26,000,00 for a porlod of thirtytix($6) months from the date of being placed on the convicted vendor tet or on the discriminatory vendor list, f. Any Sub-Reoipient which is not a local government or state agency,and which ��.�..,...._._._recelvaefund�uratlar_thts_�9greament.fca���hs�a�ioral-Qoverr�►ment,-r�ttlRiea�tothe•J�t•o�tis-kt�uwledge- --- and belief,that Rand Its principals, 1. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarlly excluded from oovared transactions by a federal department or agency, It. Have not,within a fivs(6)year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal often$in oohnsation with obtaining,attempting to obtain,or performing a publlo(federal,stake or loom transaotlon or contract under public transaction;violatbn of federal or state antitrtist statutes or commission of ambexxlement, thoft,forgery,bribery,falsiflositfon or destruction of records,maidng faleo statements,or receiving stolen property; III, Are not presently indicted or otherwise criminally or olvllly charged by a governmerdal entity(federal,state or local)with commission of any offenses enumerated In paragraph (22)f tl.of this corllfloation,arid, Iv. Have not within a lire(6)yoor period preceding this Agreement had one or more pubiiotransacdons(federal,state or)coal)terminatod for amuse or default. g, if the Sub-Reclplent Is unable to oertlfy to any of the statements In this oeutifloatlon, then the Sub-Reciplant shall attaoh an explanation to this Agreement. h. In addition,the Sub-Reolplent$hall aend to the Division(by$malt or by feaslimile trsnemiselon)the completed"Derklf hustfon Regarding Ofibakrinent,Suspension, inollgffoility and Voluntary Exclusion"(A1tachment Q)for amh Intended subcontractor whli*Sub. Reolplent plans to Nnd under this Agreement. The farm afoul ba Delved by they DIvisto»before the SubAeciplent entors tnto a contract with any uubcontraat:or, 1. Tho Divlelon reserves the right to unliatonally cancel this Agreement If the Sub. Roolplent refuses to allow public access to all docurnsnts,papers,letters or other material sub)ect to the 20 I 1 provisions of chapter 119,Florida Statutes,which the sub-Re*ient greeted or received under this Agneenrent. J. If the Sub-ReWplant is allowed to temporarily Invest any advances of funds under thls Agreement,any Interest Inoome shall either be returned to the Division or be applied agaft the Qivislon'a obligation to pay the contract amount. k. The State of Florida shall not intentionally award publl*funded oontracto to any contractor who knowingly employs unauthorized alien workare,condtutN a violation of the employment provisions oorrtatned In 8 u,S.G.Section 1324ar(s)[Section 274A(e)of the Inr Agration and Nationality Act CINAJ), The Division shall consider the employment by any contractor of unauthorized aliens a vlolatkm of SooWn 274A(s)of the INA. Such violation by the Sub-Reoiplent of the employment provisions contained In Section 274A(s)of the INA shell be grounds for unilateral car allation of this Apemant by the Division. 6 Sectlan 287.06806,Floride Statutes,requires that any state funds provi led for the pmhese of or improvements to real property are contingent upon the contractor or potltical subdivision granting to the stste a security interest in the property at least to the amount of state funds provked for at least flve(6)years tram the dame of purchase or the completion of the Improvements or as further required by law. rn. Unless prbempted by federal law,the Pivlsion may,at Its option,temmnate the Contract if the Contractor Is Errand to have submitted a false oadilicatlon as provided under section 287.1960),F.S.,or been plated on the Scrutinized Companies with Activtties in Sudan t lst or the Smvftized CarrWles with Acllvities in the Iran Petroleum ensryy Sector List,or been engaged in business operations in Cuba or Sydo,or to havo been placed on the Scrutinized Companies that Boycott larval List or Is angarged In a boycott of tsr+sel tom) a, 2 C,F.R,§200.450 prohiblts mlmtwrserrrent for costs ammleted with oeftln lobbying activities. b, Section 21&347,Plorids Statutes,prohibits"any disbursement of grants and alda appropriations pursuant to a oo*act or grant to any person or organization unless the temps of the grant or oonErad prohibit the expenditure of funds for the purpose of lobbying the Leglalattum,the judicial branch,or a state agency.' o. No funds or other resources received from the Dlvislon under thte Agreement mey be, used directly or indirectly to Influence legialatlon or any other offtlal action by the Fkuida Legislature or any state agency. d. The Sub-Recipient oertifles,by lts eignature to this Agreement,that to the best of his or her knowledge and bsIW, I. No federal appropriated funds have been paid or shall be paid,by or on behalf of the Sub-Reopen,to any person for Infiuenoing or attemptft to Influenoe an officer or 21 employee of any agency,a member of Congress,en~or employee of Congress,or an employee of a member of Congress In connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension, ao.ntinoOlon,repawai,amondment or modfl on of nny.WoMl contract,grant,loan or cooperative agreement. II. If any funds other than federal appropriated funds have boon 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 in connection with this federal contract,grant,loan or cooperative agreement,the Sub-Aeolplent shall complete and submit Standard Form-ELL,°Dlsolosurs of lobbying Activities" Ill. The Sub-Reciplent shall require that this certification be Included In the award documents for all subaw+ards(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all Sub-Recipients shall certify and disclose. -1v.- --This•cerdfimflon-ls-a material-rapFeseriWon ef•fact-upon which•rellanee was__ placed when this irsnsnotion was made or entered Into. Submission of this cartblaation Is a prerequisite for making or entering Into this transaction Imposed by Section 1362,Title$1,U.S.Code. Any parson who falls to file the required c eMilloation 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 mom,the Sub-ReoipletA and subcontractors,as appllcable,ehall reign Attachment M--Certification Regarding Lobbying. (24)QQey8JGEa.?&=AN0_TRAQIMIwA EXCEPT AS PROVIDED BRLOW,ANY AND ALL PATENT RIGHTS ACCRUING UNMR OR IN CONNECTION NTH THE PERFORMANCE OF THIS AGREEMENT APJ HERi 0Y RESERVED TO THE STATE OF FLORIDA;AND,ANY AND ALL 00PYR110HTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT AR9 HEREBY TRANSFERRED SY THE SUSNRECIPISNT TO THE STATE OF FLORIDA. a. if the Sub-Reclplent has a pre-existing patent or copyright,the Sub-Reokplent shall retain all rights and entitlemants to that pre-exleting petard or copyright unless the Agreement provides otherwise. b. if any discovery or Invention In developed In the course of or as a result of work or services performed under this Agreement,or In any way connected with ik,the Sub-Reolplent shall refer Me discovery or invention to the Division for a deterninetion whether the Starts of Fkxida shall seek patent protection in Its name. Any patent rlghts aceruing under or In connection with the performance of this Agreement as reserved to the State of Florida, If any books,manuals,films,or other ropyrightsble material are produced,the Sub-Reclplent shah notify the Olvis1on. Any copyrights accruing under or In connecdon with the performanos undsr this Agreement are transferred by the Sub-Raciplent to the State of Florida. 22 o, Withfn thirty(30)days of execution of this Agreement,the Sub-Recipient shall disclose all fntetleotuai propenles relating to the performahoe of this Agreement which he or she knows or should know could give rise to a patent or Copyright, The Sub-Rsolpient shell retain all rights end entitlements to any pre-o dsling Intellectual property whloh is disclosed. Failure to dleokm shall fndioate that no such property exfste, The Division shall then, under paragraph(24)b.,have the right to all patents and copyrights which socno during performance of the Agreement, d. If the Sub-Roolpiant quallffes as a state untversny under Florida law,then,pursuant to section 1004.23,Florida Statutes,airy Invention oongeiyed exclusively by the employeas of the Sub. Recipient shall become the sole property of the Sub•Rac ipient. In the case of Joint inventions,that Is Inventions made Jointly by one or more ernployoss of both p es hereto,each party shall have an equal, undlvidod Intarast In and to such Joint Inventions. The OMWor►shall retain a perpetual,Irrevocable,fully. paid, nonexdluolve ifcense,-for its use and the use of its oontraotors of any resulting patented,oopyrlghted or tradsmarked wo*produ ,developed solely by the Sub-Raciplent,under this Agreement,for Florida government purposos. (26)M LAu M1ZlAIM The Sub-Reolpisnt oerilffes Chet It has tho legal authority to reoelve the funds under this Agreement and that Its goveming body has authorized the execution and acceptance of this Agreement, The Sub- Reolptant also aertifies that they undersigned person has the isohority to legally execute and bind Sub.. Recipient to the terms of this Agreement. (26)99WAL gE2()FtTUwax w by i a. In accordance with 41 CAM 960.1.4(b),the Sub-Raalplent heraby agraft that It shall Incprpomts or cause to be incorporated Into any contract far txxn atruation worts,or modigration thereof,as defined in the rgulations of the Secretary of Labor at 41 CPR Chapter 00,which Is paid for In whole or In part with funds obtained from the faderal government or borrowed on the oradit of the fedsal government pursuant to a.grard,contract;loan,Insurarrra,or guarantee,or undertaken pursuant to any federal program involving such grant,oontract,loan, insurance,or guarantee,the following equal opportunity clause: Curing the performance of this oontraot,the contractor Ogress as follows: 1, The oontractorshall not dlsodminate against any employee or applfaant for armployment brdouse of rake,color, religion,err,sexual odentatlon,gander Identity,or national origin, The anntraotor shall take affirmative action to ensure that applicants era employed,and that employees ere treated during employment without regard to their race, color,religion,sex,sexual orientation,gender identity,or national oltgln. Such aodo7t shell Include,but not be limited to the following: rloyment,upgrading,demotion,or transfer;recruitment or reoruitment advertising;layoff or termination;rates of pay or other forms of oompensatlon;and selection for training, Including appmrdic"ho. The contractor agreas to post to oonsplouous places,evallable to employees 23 and applkmnts for employment,notices to be provided setting forth the provisions of this nondhscx mInatlon clause. if. The oontractor shall,In all solicitations or advertisements for employees pkroed by ar on behalf of the:oontrwtor,state that all quill epp�crante shall receive oorneWeradons kr employroant without regard tv race,talon,religion,sex,smal orientation,gender identity,or national orlon. Ill. ' The oontractor shell not discharge or In any other manner dlecd mhrate against any em loyss or applicant for emplWment because such employee or oppl lard hag Inclulred about,discussed,or diecbsed fhe oompensodan of the employee or erppilcerrt or another employee or appl wL 'file provision shall not apply to Instances In whW an empkrydo who has access to the oompensaiion IrOnnaft of other employees or applicants as a pert of such ermwee s;essential job functions discloses the oompensaticn of such of w emloyees or applicants to Individuals who do not otherwise have access to such Infarrnartlon,uniesss such dlsolasure is In response fo a formal oampialnt or charge,e,In furtherance of an Invest ttian, _.. edlr ,hearing,ar �` - oil,incTudh�can Inves�g�tfan coridied consists with the oorrbWoes legal duty to furnish Information. Iv. The oontrgtcr stvll send to each labor union or representative of workers with which he has a collectim bargaining agreement or other oor&aot or understanding,a notice to be provided advising the said labor union or wotkare'repmentatives of the oorgmatoes commitments under this aeftn and shall poet copies of the notice Ih OnspIcuous p100e8 available to employees and applicants for employment v. The contractor shall comply with all provisions of Emutive Order 11248 of September 24,1M,and of the rules, regulations,and relevant orders of the Secretary of Labor. M. The contrssrotor shall Wish all infarmatlon and reports required by Exmdlva Order 11240 of September 24,190,wW by rules, regulations,and orden of the Secretary of Labor,or pursuant thorsto, and 4hsil permit acom to his books,rsaords,and accounts by the adminlsiering argenoy and the See ry of Labor for purposes of InvestIgatlon to ascertain compliance with such rules,regulations,and orders. A In the event of the oontractoea nonoompilanas with the nondlsartminadon douses of this conbvd or with any of the sold rules, regulations,or orders,this oontvM may be canceled,terminated,or suspended In whole or in part and the oonttictvr may be declared ineligible for further Goverment oonba*or federally WIN* construction co*aow In s000rdanoe wdth procedures sulluori W In Exemrtive Order 11246 of September 24, 1965,and such other sanctfons may be Imposed and remedies invoked are provided In ExeouUw Order 11246 of 8epfiember 24, 1 M,or by nos,regulation,or order of the Seor+sta y 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(6)In every subcontract or purchase order unless exempted 24 0 by rules,regulations,or orders of the$eorstary of Labor Issued pursuant to section 204 of Executive Order 11246 of September 24,IN6,so that auch prtvislons shalt be binding.upon each subcontractor or vendor. The oontractor shall take such abctlolt with rospeat to any suboontract or anforohtg such provisions,rehase ordor as the into ng sanctions for nonoompila o OW as a ars of PrwA* f,however,that In the event a contractor becomes Involved in,or Is threatened with,Iltlgatlon with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United Stas to enter into suoh 1klgatloon to protect the Interests of the United States. b, The Sub-Reolptent further ogre"that It shall be bound by the above equal opportunity clause with respect to its own employment praotkM when it participates In federally assisted oonstructlon work: P wvided,that If the applicant so participating Is a State or local government,the above equal opportunity clause is not applicable to any agency,instrumentrallty or sowmslon of such government which does not porticipaate In work on or under the contract, o, The Su"eclplemt agrees that it shall;assist and cooperate actively with the administering agency and the Secretary of tabor In obtaining the compliance of contractors and subcontractora with the equal opportunity clause and the rules,rogul dkm,and relevant orders of the Secretary of labor,that it shall furnish the administering agency and the Secretary of Labor such Wwrn.ation as they may requirer forth supervision of such complfanoe,and that it shad otherwise assist tho eulrninistoring agency in the discharge of the agency's primary responsibility for socuring compliaanos, d. The 5u"eciplent further agrees that it shall rotaln from entering Into any oontraot or contract modilloaWn subject to Exacutive Order 11240 of September 24,19N,with a contractor debarred from,or who has not demonstrated eligibility for,Government contracts and federally assisted construction oonlracts pureuent to the Executive order and shall cant'out such sanctions and penalties for vWrAlon of the equal opportunity clause as may be imposed upon oontrtactorm end subcontractors by the administering agency or the Secretary of labor pursuant to Part It,Subpart D orthe ExectAlva order, hadditlon,the sub-Ascipient agrees that if R fails or refaces to oompiy with these undertakings,the odministering agency may tape any-or all of the following 00tiWtS; cancel,terminate,or suspend in whole or in part this grant(contract,loan, Insurance,guarantee);refrain from extending any further assla was to the Sub-Roolpiant under the program with respect to which the fallure or refund occurred until adsmotory aaeumnoe of future compliance has been raecelved from suoh Sub-Reciplent;and refer the case to the Department of Justice for appropriate legal proosedinge• t273 .0�1�,�-KiCKS1dGk At"C The SutwRealplent hereby agrees that,unless exempt under federal law,It shall Incorporate or cause to be Incorporated into any contract for constriction work,or modifloation t mroof, the fdWng clause: 25 i. Contractor, The contrador shall comply with 18 U.S.C.§874, 40 U.S.C,§9146,and the requirements of 29 C.P.R,pt.3 as may be applicable,which are incorporated by reference Into this oontract. li. Subcontracts. The contractor or subcontrador shall Insert In any _.. _. epbdor traots the-clause above and such other clauses as the-M RA may by appropriate Instructions MMulre,and also a clause requiring the suboorrtraotors to Include#tame douses In any lower tier suboontracts, The prime contractor shall be responsible for the oornpilanoe by any subcontractor or lower tier subcort Wtar whit all of these contract Chases. 01. Breach, A breach of the oontreot oWsee above maybe grounds for termination of the OoMrac k and for debarment as a contractor and subowome or as provided In 29 C.F.R.§6.12. (28);^Q y •x4 z3 MRK hQUMS 6MD ME9U sMtM Itthe Sub-Reclpient,With the funds authorized by ills Agreement,enters Into a oor>trad that exceeds$100,000 and involves the employment of mechankta shall Include a provision for o mpllancewith 40 U.S.C,3702 and 3704,as supplemented by Department of tabor regulations(29 CFR Part 5). Under 40 U.S.C.3702 of the Act,each oantractor shell be required to cornputs the wages of every mechanlo and laborer on the basis of a standard work week of forty(40) hours. Work in amms of the standard work week is pemdssible provided that the worker Is oompenasted at a We of not ke than one and a half flmers the basic rate of pay for all hours worked in excess of forty (40)hours In the work week. 'the roquiremerb of CFO U.B.C.3704 are appilooble to construoflon work and provide that no taborer or mechanic shall be required to work In surtnundinps or underwarking oonditime which are unsanitary,hazardous or dangerous. 'I Ness requirements do not apply W the purchases of supplies or material#or wf loles ordinarily O"lla ale on the open ma*et,or oontrads for transportatton. (2g)r` gA A,h..)" J3 ACT nl F jQeR6 i�l�l'�9�3.1 LWI N GON`I�"ACT if#te Sub4�nt,with the funds authorized by this Agreement,enters Into a oonbuct that exceeds$160,000,then any such oantroct shall Include the followng provision: Contmctbr agrees to omVly with d applicable startdarde,orders or regulations issued pursuant to the Clean Air Act(42 U.3.C,7401.7571q) and the Federal Water Pollution Control Act as amended(33 U.S.C. 1261-1387)and shall report violations to F"SMA and the Regional Office of the Environmental Protectie►n Agency(F.PA). If the Sub-Rsclpient,with the funds authorized by this Agreement,enters kft a contract, then any such caw bvA shall include the following provislonw. I. This contract is a Covered trarrsso#orr for purposes of 2 C.F.R. pt 100 and 2 C.F.R.pt 3000. As such the oor&acW Is required to verlfy that none of the contractor,Its principals(defined at 2 C.F.I . 26 180.9",or Its aAlilates(defined at 2 C.F.FL§180.905)we excluded (de eat 2 C.F.R.§160,940)or disquaHBed(defined at 2 C.F.R. 11, The contractor shall amply with 2 C.F.R.pt.180,subpart C and 2 C.F.I .pt.3000,subpart Q and shwa holude a requulrement to comply with these regulations In any bwer tier covered traneacfion It enters into. M. This oertiffm lon is a matattal represQntetion of fact Yelled upon by the Division, If k Is later datermined that the oontractor did not campy with 2 C.F'A pt.180,subpart C and 2 C.F.ft.pt.3000,subpart C,In oddrdon to remedies available to the Division,th o Fedora)Government may pursue available remedies,Including but not limited to suspension and/or debarment. hv, The bidder or proposer 09"to comply with the"lrernents of 2 CAR,pt 180,subpart 0 and 2 C.RR pt,3000,subpart C while MIR offdr Is valid and throughout the period of any contract that may artse from thls offer, The bidder or proposer further agrees to InckWO 0 pMvloion requiring such oompilanoe In tts lower tier oovered transactions. (S1) If they Sub•Ftedpient,with the funds authorized by this Agrt%ment,'6ntsrs Into a Contmot, then any such contract shall Include the following clause: Byrd Anti-Lobbying Amendment,31 U.S.C.§J3W(as amended). Contractors who apply or bid for an s,sod of$100,000 or more shall file the required oertvflostion. Each ter cerC es to the tier above OW It shall not and has not used federal appropriated funds to pay any person or organhMon for influencing or attempting to into mes an offiow or empbyen of any agemy,a member of Congress,ofter or employee of Congress,or an employee of to momber of Congress In connection with obtaining any federal corar"grant,or any other award covered by$1 U.S.C.§1362. Each tier shall also dtsolose anp lobbying with non- federal funds than Cake*place in connadlon with obtaining any federal award. Suoh disclosures are forwarded from tier to tier up to the recipient. If the Sub4Reclpient enters Into a oontraot with a subcontractor for.an award of$100,000 or more,the subcontmator shall sign exhibit 3—Certtficatbn Regarding Lobbying. ►MMMN9 0311 Q MINORITY OUSIN90M VyQ1M t3tdMESS fMIESERI85%AND I680 SF�,.UMUS AM FII%M8 a, If the Sulrf'tec{plwtt,with the funds authorized by this Ammement,seeks to procure goods or serviosa,then,In accordance Oh 2 C.F.R.§200.321,the Sub-Reclplent shall tako the folbwing aAlrmative steps to asaure that minority businesses,women's business enterprises,and labor surplus area firms are used whanM uosslble, t, Placing qualified small and minority businesses and wom®n's buslness enterprises 00 sallaltathon hts; Il. Assuring that small and minority businesses,and women%business enterprises are solicited whenever they are potential sources; 27 IN. Dividing tots requtrementa,when MnomlOW4# slble.Into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; -._....._ _.. _ ._. _ .... ___. .. iv,..__..��?►!�h��_dell++.eN�'1e�u�s.,.wl'Itl�.tli�x@iU#Ir4�gl]}oermlts.which., .•. snoowge participatlon by small and minarttyy businesses,and woman%business enterprises; v. Using the services and asslWanc e, w gpg pl ,of such organizatlams as the Smarr Business Administration and the Minority Business Development Agency of the Department of Commerce;and vi. Requ ft the prime controMr,0 suboont Wa are to be M.to We the aMnnallve slope Ilsted in paragrmphs G through v.of this subparagraph. b. The roquiremot outlined In subparragraph s►.above,sometimes referred to as "socloeoonomlc contractf , does not Impose an obligation to set aside elfher the solicitation or award of a contract to these types of firma. Rather,the requirement only imposes an oblipadon to carry out and -document the six affirmative-steps-ldentiffed abov __._.--•-- - - ---. - •-- •- --.--_.. ._ .... .w_._. _.r_ .. .__ _ _. o. The"scobaconomio oonhwAng"requfrennent outilm s the affirmative steps that the Sub-Reciplant shall tali%;the MquIrements do not preclude rite WO-Recspient from undertaking additional steps to involve small and minority businesses and women's bushass enterprises. d. The raqulremoM to divide total rscfuirements,when ec onon*MIIy feasible,Into waller Welts or quantities to permit ma)dmurm participation by small and minority lurelnessms,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 mlcro-purchase or amall purchase thresholds so as to utllize streamlined mMulaltlon procedures(e.g."project splUng"). f83165SUR 916 The Sub•Reclpiant shalt comply with any Statement of Assurances inoorporated ae Attachment W. Utemairnder of page Intentionally left We"M 2g IN WITNESS WHEREOF,the parties hereto have executed this Agreement. 1 B-RECIPIENT:CITY OF MIAMI FIRE RESCUE y: By Name and Title: Arthur Nortega,City Manager March Date: 59-60M375 If signing electronically: By providing this electronic signature,l am attesting that I understand that electronic signatures are legally binding and have the same meaning as handwritten signatures.1 am also confirming that internal controls have been maintained, and that policies and procedures were property followed to ensure the authenticity of the electronic signature. 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 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 "E DIVISION OF EMER �N Y 'ANAQSMENT BY_ t. , p a . .._ (� " � W51, � ri.. � ._ .... .. Name sJ Title:Key' ut e x c y D recto r' Date: � �fls°.w�W� m mime 29 EXHIBIT—9 Federal programs and Resources Awarded THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE BUS-RECiPIENT UNDER THIS AGREEMENT;. Federat Program;HOME"S� ECUR,11 GRANT EF>OBAM Federal Agency:U S Department 4,f fteland garUdy Federal Emomm Memment Catalog of Federal Domesbc Assistance tltfe and number:Q7.W Award amount A J3.QM:313.00 THE FMOWING COMPLIANCE REOUiREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGRiwEMIwNT; Federal Program;HOMELAND SECURITY GRANT PROGRAM list applicable compliance requlraments as follows: 1. Sub-Reaiplant Is to use funding to perform ellglble activities as Identified FY 2023 Department of Homeland Seanity Notice of Funding Opportunity. 2. SutrReolplent ie subject to all administradve and financial requirements as set forth In this Agreement or shall not be In complianca with the terms of On Agreement. a. Sub-Redplent shall comply with speoffla lets,rules,or regulations that pertain to how the awarded resources shall be used or how eligibility determinations are to be made. NOTS.2 C.F.R.part 200,and section 216.97(6)(s),Flotlda Statutes,require that the Information about Federal Pmgrama and State Projects included In Exhibit 1 be provided to the Sub-Redplent. 11 13y; .rilqr" t.l�Ol pate; March 11, 2024 ( 09;43:30 EDT Arthur Nori®pa,City Manager Printed Name and Title N signing electronically: By providing this slactronto signature,l am aftssHng 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 were properly tollowsd to ensure the authenticity of the electronic signatures 1 acknowledge that typewritten andlorsc►tpt fonts are not acceptaWe as a digitalslgnatUre.All electr DWO ,signatures shall be cartitled digital slgnatu►ms and Include:the sfgnee's name,time and date stamp. This statement is to certify that I confirm that ibis electronics signature is to be the legally binding equivalent of my handwritten signature and that the data on this torn is accurate to the best of my knowledge. 30 OXHISIT—2 Certification Regarding Tetacommunloations and Video RestrloWns Oftotive August 13,2020,DHffF-MA Sub-Rooiplents,as well as their contractors and subcontractors, shall not use grant funds under the Nonprofit Security Grant Program covered by this Agreement and ; provided In FY 2023 or previous yam to: 1. Procure or obtain,extend or renew a contract to procure or obtain,or enter into sa contract to procure or obtain any equipment,system,or service that uses"covered tslscomrnunlcatlons equipment or services"as a substantial or essential component of any system,or es critical technology of aril+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 sguipmord,system,or service that i uses"covered telecommunications equipment or services"at;a substantial or es"ridal component of any system,or as oritical technology as part of any system, This prohibition regarding certain telloornmunicatione and video surveillance services or equipment is mandated by section 889 of the John S.McCain National Defense Authorization Act for Flsoal Year 2010 (FY 2019 NDAA),isub,L.No,1%282(2016),and 2 O.F.R.§200.218,200.327,200,471,AND Appendix II to 2 C.F.R.Part 200.Sub-Reciplents may use D1 gMA grain funding to procure repia*msnt equipment and services impacted by this prohlbitiort,provided the costs are otherwise consistant veldt the requirements of the FY 2023 P"arodness Grants Manual,appikoble appendix to the Manuel,and appiicable NOFO.t7Hi31p'EMA shall publish additional guidance in a subsequent infwmsstion Bulletin or similar notice.Per section 889(j(2H3)of the FY 2010 NDAA,covered telecommunications equipment or services means: 1. Telea0munloatlone equipment produced by Muawei Teohnologlss dompany or UO Corporation,(or any subsidiary or a0lato of such rntMes); 2, For the purpose of public safoty,sectorhy of Government facilities,physical security surveillance of or)tical infrastructure,and other national security purposes,video surveillant*and Wecommunlostlons equipment produced by Hytere Communications Corporation,Hangzhou Hikvtston Digital Technology Company,or Dahua'rec hnology Company(or any subsidiary or 011ste of such entities); 3. Telecommunioatlons or video surveillance services provided 0 such entities or using such equipment or 4. Telecommu Nostions or video surveillance equipment or services produced or provided by an entity thet the Seoretsry of Do*",In oonsultadon with the Director of National intellipenc*or the Mreotor of ft Federal Bureau of InvestigWon,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-Reeiplent Identifies covered telecommunications equipment or servioss used as e substantial or media)component of any system,or as critical technology as part of any system,during contract performance or at any time or by any other source,the Sub+Reelpient shall report the Information to the Division: 1. VVft In one(1)business day fham the data of such Identification or notlfkatlon:The contract number;the order nurnber(s),q applicable;supplier note;supplier unique entity Ideriffier(If known);supplier Commercial and Government Entity(CAGIx)code(if known);bread;model number(orlglnal equipment manufty* ar number,manut'aoturer part number,orwhoUmaler number);Rem description;and any modify ravap+able Information about mitigation Wiorta undertaken or recommended. 2. Within ten(10)business days of submitting the aforementioned information:Any Reftr available Information about mitigation actions undertaken or recommended.In addition,tho Sub-Recipient 31 shall describe the efforts It undertook to prevent use or submission of covered telecommunications equiprnent or services,and any additional efforts that shall be incorporated to prevent future use or submission of covered telecommunications equipment or services. =Itt r'�I'flf C!F'MIAMi FIRE RESCUE AVlrate: March 11, 2024 1 09:43:30 EDT r,�a, Arthur Norlega,City Manager Printed Name and Title If signing electronically: Byproviding this electronlcsignature,t am attesting that understand that electronic signatures are legally binding and have the same meaning as handwrNen signatures.I am also confkming that Infernal controls have been maintained,and that policies and procedures were property tolldwed to ensure the authengo&of the alectrontc signature. I acknowledge That typewritten andlorscrlpt tonts are not acoeptabie as a digital signature.All electronic signatures shall be certiNed digital signatures and include;the slgnee's name,time and data stamp. This statement is to certify that I confirm that this electronic signature Is to be the legallybWng equivalent of my handwrfiten signature.and that the data on this form is eccurate to the best of my knowledge. 32 EXFIIBI'i'—$ CERTIFICATION MAItCiNG LOBBYING Check the•appropriate box: H This Certitiaatlon Regarding Lobbying Is required because the Contract,Grant,Loan,or Cooperative Agreement shall juaW$100,000 pursuant to 2 C.F.R.Part 200,Appendix IIQ);31 U,$.C.j 1362;and 44 C.F.R.Part 18, 0 ThiN Certification Is ja required bemso the Contract,©runt,Loom,or Cooperative Agreement shall be Oqual to or loge than$100,000, Certtiloation for Contracts,Grants,Loans,and Cooperative Agreements The undersigned oadifles,to the beat 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 Influerwing or attempting to Influence an officer or employee of an agency,a member of Congress,an officer or employee of Congress,or an employee of a member of 0ongress In connection with the awarding of any Moral oontraot,the making of any federal grant,the making of any federal loan,the entering Into of any eretive egroomera,and the extension,oontlnuatlon,renewal,amendment,or modifloatlon of any contract,grant, loan,or cooperative agreemont. 2, If any funds other than federal aPproprlated funds have been paid or&halt be paid to any person for Influencing or Oempting to Mmnae an oar or employee of any agency,a member of Congress,an officer or employee of Congress,or an amp*"of a member of Congress In connw tion with this federal contract,groat,loan,or cra wrative agreement,the underelpned shall completo and submit Standard Form4 LL,"gtgdoeure Form to Report Lobbying;in aoe ar►es with Ifs Instnrotions. 3, The undersigned shall require that the language of this oeflitlaatlon be Included In the award documents for ail subawards at all tiros(including auboonbuts,subgrants,and contracts under d r loans,and cooperative agreemants)and that all Sub-Redplents shall cwtgP and disclose r I This certifice<tion is a matedai representation of fact upon which reliance was p coed when this transaction was made or entered Into.Submission of this certification is a pregMulslts for r oking or entering into this transaction unposed by section W2,title 31,U.R,Code,Any person who fails to 016 the required Certification shall be subject to a civil penalty of not Was than$10,000 and not more than$100,000 for sash such failure, Ths Bub-Rectplent or subcontractor,�Oy Miami ,09diNes or afffm►s the truthfulness and accuracy of each statemant aF lis certification and disclosure,0 any. In addition,the Con rac r u derstande and agrees that the provisions of 31 U.S.C,Ch.38,Adminlstrathre Remedies for a a 'end 81laternents,apply to this oertifloadon and dfsotosure,If any. 81gna re of SulRaolplentlsubcantrectcr's Authorized Official Arthur No*a,City Manager (dame$Md 1'Itle ofSub-ReolpianYoubcontrootor's Authorized Ofticlal March 11, 2024 1 09t43:90 EDT t3a� 33 I?ICHtB1T�� CoMflcatton Regarding Fusion Center Analyst Requirements State and urban area fusion centers receiving 8HSP or UASI grant funds will be evaluated based on compliance with the guldanoe and requirements for the National Network as set forth by DH8 Intelligence T_ and Mah*is-(1&A)through#he:annual Fusion.0enter Assemament. _ . .. _.. . ' Through the Program Performance Report(PPR),fusion centers will report on the compliance with measurement requirements within the fusion centers through the annual Fusion Cent Assaament managed by DMS M and reported to FI~AAA. r3ubreoipl a wiq be requited to ptovldo krfomtation regarding their Inbrm�on sharing partnerships,including how they wul kfentify,address,and ovsrcerrrs arty exiAting laws,policies,and prartioes tl prevent irrforrrratlan sharing,vta the Intbrtnekion and Intelflgence National Priority+lmrestmelnt and etaparting data via the annual Fusion CenterA+ eearrren#. Documenhoon of the satiefeatory submission of the onmpleted ftoram Performance Ftepart through the Fuslors Centarr A rnnerrt will be req*ed prior to reimbursement of grant funds. Reference Humber Perform ae Measures �?.2:'I— Asroen tie of ederafltfic>m loci dii eri i or�s pub)w,r-iria ing rorntuslcri center Information that add- a apeoZ lntelloence Community neod 2023.2 Per+centepe of federal IlRa orlgnating from fusion center Information that the Intslllganas Community othawlso used In performing Its mission(s,g.,cont ned first-time nsportIng;corroborated existing int+gr Mon,addressed a critical Welligenw gap;or helped to define an/sue or target) 2023.3 Number of tSARa vetted and submitted by fusion centers that result In the Initiation or enhancement of an investtgaifon by the FBI 2023,4 Number of BAR vetted and submitted by fusion centers OW Imrohm an individual on the VMOft 2423.5 Percentage,Of Requests for InftTnatlon(RFIe)from the Terrorist GM"tng Center (TSO)forwhioh fusion oentm provided Info nWon,for a TSC case Ale 2023.6 Per+oorrtage of I&A MOM nornlnallom that were initiated or updated existing case files tamed on Information provided by fusion centers 2023.7 Number of distributable anaiyt>a products c"uthoriad by one or more fusion oentere and/or led"agencles 2023.8 Percentage of fusion center distributable analoo products that address hbrnaland sacudty topics 2023.9 Percentage of fusion center distributable an*Uo Products that address at*Wlocal customer lnkrn*lon mods 2023.10 Percentage of key customers reporting that fusion orenter products are relevant 2023.11 percentage of key otoomers reporting that fusion coder services are rolsvertt 2023.12 Percentage of key owdornere repotting that fuslon ow for products are timely for mission needs 2023.13 Percenbge of key customers reporting Oud fusion center services we timely for mission needs 2028.14 Pomenteps of key customers reporting that fusion center products hWamW their decision making related to threat response activ W within their AOR 2023.15 Percentags of key austornars reporting that fusion osnter services Influenced their dwWon making relsW to threat Mponse aobh+files within their AOR 2023.18 Percentage of key oustomers reporting that fusion center products rasuked in Increased situational awareness of threats within their AOR 202M7 Percentage of key customers reporting that fusion center serves resulted in increased stational awareness of threata within thelrAOR 20623,18 Number of to and leads vatted by the fusion center 34 s 2023.10 Number of t:ps and leads vatted by the fusion center that were provided to ether FISLTT agenolas far toliaw up action 2023.20 Number of raaponaes to RP13 from all sources 2023.21 Number of situetlonal awareness products developed and dlsssmWed by fusion centers 2023.22 Number of aria support andlor tactical products developed and dlasernlnated by fusion cantata 2023.23 PemenWp of federal+designated spaalol events in which fusion centers played a -2023.24 Paroe dWe of federally declared deters In which talon centers played a direct role 2028.26 Number of publio'9afety Inoldert In which fusion oahtem played a direst role !ial�f�E7 Ilrq'�AMI PIRL f;68CU� March 11, 2024 l 09:43:30 EDT $y, a At bate; Arthur No ,%Maggot Printed Name and Title if elgning electronically; jSy providing this eleotranfo signature,i am attesthg that I ender*wd that electronic slgnatums are fega#y bindhtg and have the same meaning as handwMen signstcrr+ers.I am aW oonft*g that internal oonbols have been maintained, and that pAW and prrxaWms ware properly tbflowed to ansure the authanY*of the electronic dOrMfune. I acknowledge that typewrfttsn andlorsorlpt fnts are not eomptable as a dlgffal signature.A#e►e#mnla slgnaturaa sha0 be oertOd digltaf aignefures and ImOde:the slgnee's name,time and date stamp. Tlrfs stetem ni is to carp that)oonlfim that this eteoftWa signaturo 0 to be the legaNy bbiftg equivalent of my handwritten signature and that the data on this bm Is 800wate 10 the best of my k"Wedge• 35 ATTACHMENT A Program Budget Below is a general budget which outlines eligible categories and their allocation under this award The Sub-Recipient is to utilize the"Program Budget'as a guide for completing the-Budget Detail Worksheer below, The Eqvpment category will require Authorized Equipment List(AEL)reference number The Authorized Equipment List(A EL)is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency managers.first responders,and other homeland security professionals. rhe list consists of 21 equipment categories divided into sub-categories, tertiary categories, and then individual equipment its The AEL Gan be found at http1twww fema.gov/authorized-equipment-list ..... .... .. ..... W/F/Wh/0 IN' tot 14/4 r 22 .......... ............ n Award Allocation-Issue $14,528-750.00 FY 2023-State Homeland State Management&Acirninistration $726,437.50 OF M w 5 Security Grant Program- CITY IAMI ithheld % Urban Area Security Initiative FIRE RESCUE Expendable Award Allocation after 5% $13,802,31100 Issue#45 reduction LETP-Type Activities(25%of award allocation)This amount is not in $3,632,187.50 addition to the remaining award I amount but instead signifies the amount needed to meet the 25% requirement. Management and Admirustration (the dollar arnount which corresponds $690,115.65 to 5%oft total local agency allocation is shown in the column on .16 BUDGET DETAIL WORKSHEET The Sub-Recipient is required to provide a completed budget detail worksheet,to the Division,which accounts for the total award as described in the"Proposed Program Budget". If any changes need to be made to the"Budget Detail Worksheet",after the execution of this agreement, contact the Grant Manager listed in this agreement via email or letter. „ Ali Developing hazard/threat-specific annexes Developing and implementing homeland security support programs and adopting ongoing DHS/FEMA national initiatives _._i ... ®� ._.. _., _.. ... .. . . Developing related terrorism and other catastrophic event Developing and'elnhancing glens and protocols Deveigjjpg or conductn assessments Hiring of full-or part-time staff or contract/consultants to assist with planning, engagement, and volunteer management activities NP2—I& I—Intelligence and Information Sharing I S83,000.00 S83,000.00 2 (LPR Analyst);,Llne item 2023,02 _ _.. m . �. eitem Consultants);s tg Line Ite ng(To Include Planners and I S2,o89,235.00 S2,089,235.00 7 Cutting—Planning I ) m 2023-07 Cross Cutting—Operational Coordination (EM Tech t S100,000.00 s100,000.00 7 Su(_ ort S(peclalist; Line Item 2023 08 Materials required to conduct ".. ... .......... _ _ �. ., _� .......... planning, engagement,and _ s NP4 volunteer n Community Preparedness ..... ..�,_ - I SI 15,726.00 $I15, ement activities and Resilience 726.00 4 (CPATIBPAT); Line Item 2023-04 Series , Line Ite m 2023 04 ess and Resilience(Video I ,920.00 $64,920.00 4 � NP4 Community Preparedness so4 .... ®,m . ..... Travel/per diem related to planning,engagement, and volunteer m n agement achvwbes _ _ e m, _... , .. 0 tW 7 Line _.. (Travel);accordance operational I 523,000.0o s23,ao Overtime and ba kf Ilncosts(in p Cost Guidances Activities to achieve planning inclusive of people with disabilities and others with access and functional needs and limited English proficiency _ ;, ........ _.._ m.,..... . . _ Coardination with Citizen Corps Councils for public informationleducation and development of volunteer programs Coordination ..�.w... . _ ation and material support to Citizen Corps ....... 37 LL_ o urncRs and pocaal firehouses for flrue estaliaNshlmernt„ rna ice of CERTT's M �urmm rrwa..oi�.rpamrurrmau�mu�rum�r �r,'.ffuuu�,u� rm�P processes s umruf pmpairu for Update au�a�lrru �a�u�structures ultra N:U .0 a..a) eR rrmleuu0, an r� U'eadn�w and rawrpsbr'm of cumlrmffiirmn.mpffy of ph ffooums pia nm.. .. evebf�merlff rd Irevae gird revusr�un offth 'HRAISll�R conffrlrmWt" .off q,.era bamr�'�pr�ru m� [)eve opm n or,con uucffpung equity asse sinne nfs to address pllanning and prepa-edness d sparifies for Nstodr Ally under served cornllnUnffies Ma .: /���/�%�//�/J�����r�l%�i/���rrnrlr���i/�li�,����/��,L/���,,, J 'P,�i/ ✓�q -��/ �r�rG�iP/���7�1,���`f�il�� �i'Ye „� i i,lr,� Al rUpfffUpff �f3vi�U � f�prr �i [ m' 1umrupbff�`�.���fuuffm.. I Iru a m uU npgermm n t a evIlo.merAff of whope rurmrrrrrru.urmeiff y jp rtner Npm r ffruu ffuuu°ups and rmreuuU&'m,arnlisrra,s for,inform tion ,ullmann between the puu&mppru ar-W p6vate sector nfao deIro rarns�,andworkforce_ .,, enhancement ur h m fmrp Ir swwrces,a—n.r achy--i mfma fffadliffa fie s---h_rpd ..... m.. ftuuat'poruap awareness between ffp'e Ipuubfic and pdvate m:rr�frslr� C: m era sum.pp ,. ..... p IC pm°mr'Ir N � - 7 -Protection —Interdiction an q 'p a°a� ��amum � �„��r�.ru� ��.� ��aUUU r 1 e... . . __------ UNzatiion of standardized resource mariiagernent concepts Res,�indlprn to��w n increase in the threat pa ve� under,the Tuff onal Te rorlsm Advisory Systern(I TAS)o or rneeds in resr,ultin from �...NationW Spec all Security Event.. eim wa rn m »r� ......... .._� ,a�ur�R�aur.:nr�ermff r seIecff opuerI�ilrarm;�p expenses s��o�.uaId uuruff measures at crifical bffr t1'UCtU11 suffer incurred uro .t 0 ffaercent off ffne ailoc 4uamn.��,.._ m erffplrnme for inffrmrrrmabon, investigative„arid liomff°IIpgence shading acts iitlie (up to 50 Ipeircent of the pllocafioro� Hlrinr riff near to osituorm lusruntr�mctor i/......... ........_ rUci tion inanfforrli fio � �rcara�uupt�mrmkau�for sharing groups or fusion center activities(up tirr 50 percent of the I cation) IN . Preventionp Intelligence and Info Sharing _ .5 SKIMBO S345r500.uUUU m. . 2 NIPS � em__emurut�� . b r, nMyst �fl � r Itsw,..."..1,. 2. Fm 13s70.00 $287ff500L00 � 38 taro ._g staff position m.. Hiring or maintaining staff ositio nts at SLTT levels to deliver community preparedness training, resources and material to schools, community-based organizations, local zatnns, faith-based institutions and businesses. Hiring or maintaining staff positions/contractors/consultants t _ ate, p �.._ CERT o reate su roort and maintain CERT or _ _...., . ; .....: Cost of migrating online services to the".gov°domain ass,42son,, 0 intipy, iJjr R Cra,),ti rural r`,%a t �0 M., -----._., ... ..... _....,...... Design, Develop,Conduct and Evaluate an Exercise nsultants-Full or ....,,. ----- part-time a staff may be hired to support e F Contractors/Co y r p exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency,whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR)must be followed m_ __.. __. ....... oss . _ .. . .. .... .-n..... Cutting—Planning(Exercises); Line item 2023- 1 $114,00000 $114000. �Cr ��� � 00 7 0_7 _ Overtime _ and backfill costs—Overtime and backfill costs, including expenses for part-time and volunteer emergency responseersonnelmparticipating in FEMA exercises Implementation of HSEEP Activities to achieve exercises... m. .. . - _.,e. _ ...._ .. ------- .._. inclusive of people with disabilities and others with access and functional needs i.e., airfare, mileage, per diem,hot. _ - Travel-Traveell costs( g el, etc.)are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). Supplies-Supplies pp p 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). Interoperable communications exercises Activities to achieve planning inclusive of people with limited English proficiency ® � ..... tOTAL XE,RCISF;,'E/!PEt4D,iT ORES. 114 000,01 lI/i� �//r,/ Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes 39 Overttime a and backfill expenses for pap-time and volunteer emer enc response personnel participating in DHSIFEMA training Training Workshops and Conferences Activities to ach ........ _. hieve traii ning inclusive of people with � disabilities and others with access and functional needs and limited English proficiency m Full or- art Time Staff or Contractors/Consultants NP3 p VE—Envir 11 onmental Response, Health and Safety 1 $66,800.00 $66,800.00 3 (Hazmat Trafnings) Line item 2023-03 _ NP4—C bersecurit .(Cyber_.. Trainor and Assessments); � L � 550,618.00 S50,618.00 5 Line item 2023-05 Y Y g Cross Cuttin 11 g—Planning (Training Classes); Line item 1 s267,000.00 $267,000.00 7 2023-07 _ e Travel he course ie e items sthatre ex ended i orr consumed during planning t of the exercise project(s)(e.g., copying paper, gloves, tape, non-sterile masks,and disposable protective equipment). Instructor certification/re certification Coordination with Citizen Corps Councils in conducting Im training exercises Interoperable communications training Activities to achieve training inclusive people with limited English proficiency Immigration enforcement training /� IN INS I The tot,4,e tJ*,°VJ)�J I7lIt�df9,)�',l� t rf, A JI o Ptiri,]",O��e""#,B7�Nf ttsting c,,t Unoos'f', � 4�f��mlltfl felt �Vt r �Y7t r�tw�n+�11 ll�b 1 �� °"kltt�! rtf � �YsY p t Bt W�� th Ott V� 1 1rav%"("Jopt IIJ f _(rlit(,l,%"hnfobfry,�w�if4�� g �rlhtiYl��rlt�' �) . 1'V,11��IlXb Personal protective protective equipment Recovery—Cultural and Natural Resources;AEL#01ZA- t 566,000.00 $66,000.00 10 02-GLVD, 011D-01-BARR,01UR-01-EYEP,01ZA-02-GLVW, (01LE-02-BDUS,01SW-01-FTWR,06CP-01-PORT,030E-01- STO, 01ZA-06-HHAT, 19GN-00-HSSF,04AP-05-CDSS; Line item 2023-15 i NP3(Ballistic Protection);Scene #01LyE-01_ection and LE $135,560.00 $13ss6o.00 3 1 Securi Prot (Ball ), HLMT,01LE-01- �HLDN 01ZA-02-GLVW,030E-03-KTFA; Line item 2023-03 40 Ij P8--IJVE tin gene Fecur ,Protetdiou and LS(rK00 347,AO0.00 347,g00M 3 actical Coma and giber Stopej;ASL OOX-0O+KTF{3, . ..,.r � r ' " ' I @`�, ., a,,,, rF'�^�"S�� K a1.j.�ro..iRT`�r 44,4•. w• ...�X'P IRF+„„ M� (r ",;�!4..au�'.,�:!`.: P1 -SYYCP-Pravantio►t W Screening,Searoh,Detection t $WX0 sari• 00 1 � )AEL 030E-01-ALPR,"AP-02 ANL,S►1S1.94*- LPRs •aVS-llrnvirpnmentai Response,Health and Saf*1y � 0,3u .oiu0,3mAo 3 Hamat Robots and Up►gradoo/Accessorles);AEI,00309- 7-AOST,440E-07-UPOO,ORSX•02,413 L,1000.00.SOLR, ��C~ PA 'r'1•Lin 9129r03 .,. . P2-i3V9�0n teens l9eeurity,Pmteetton#W LE(Nan, MUM WU00 3 9thal tralning Equipment);AEL NOOE-01 NLTA;Line IMm 023-" rP3_-_D_VTE-On Scene Secui y:#�ratectiorr and LE(Nl�h! r a214,M.00 S JA IQI .00 3 Isl n , E 3OE42-"LA Gin 44 -pS �._..� rcee cuttingrational (Message -Ope Coordlrtatlon 1 �e00000Ir, .So ard+� A #030S.03 H3N,.j Ins Item 0 ,3-O>t Sasrch and Rescue Equipment);AM#088R-03.8p 1 szxs ln3.�o �a38,1�.ao 9 sponse CB E-. ass SeQrch and Rescue tJ 3SR-02.TPHY,0381W2414ARK,03: 494RIG,03917.02- SAWS,03SR-04-MAQ,OSQS-0243NOC,030E-02Y'ILA, t�00 TEQp,4QQE-O"KNR,21ON40-SHIP;Line Item 0212 1h r Y. Z + in '>. ro ., rose Cutting operational Coordlnatioa(1C glisters); 1 1�325,280.00 S3e0.o0 y EL g04$W-D4NI~•1'W,04HW 014NHWl-04AP-0040$$, .d n . ""yA° q� f. s s'w"r;w,gyw ''$:• 'tl'. p•My," �a +r � ,+ �aI✓ ''M�f li+ �`M7 , V q"^6 k•o """""" P2.t&I-Prevention-Forenslos.and Athibutloq i 3 ,81s.AU 517+2,s1S,o0 z Plgltal Forensics Sharing PIM Program)-AM#OSHS- RIM 1»lite hem?A �02 pD Cybsl^asa lqt(Cyber Squlpment);AEL#01i N�00- 1 $101,MOO $101,324.0 s �, •i4Cl•0 •C40P+Wn item 2QR3� .�. n»,a �•�.: , ,a„�row��-e � 7"r,�:hy� y�.��.Y T iCv u '�G Y �• �'•� � s f '+11 w��. Y 'h" pones mmunica one�•Operational 1 ' 6 ,gs9.90 "22tM9, 9 ommuntcatlans;Ai t.#08CC-U3-SAT13,OOCP-01,MOOL, Ch-01DRT�L el�item 202&�I3 +, `A'^^ro^•^'" r,� 7:�j q°ey '•.,P'+�4,w C' I ,"N'• Y + 'i.. Y' KS t f o'h?�; v-�'w.ro ^"' }ti '+n+•t i M1} '� 'yW •F.,"��ivil+'li`•"45,'t�?�,..w;,.,,yuf.�$ .+. '•�:tf.v :m're"'1 '.',<t'•8:•:..r i �..�f � ,xr,. 1 p.§•+� 'h•' .�+y ° w 41 , anito V I-Cm;A-)q'_S D-0'I -d __. �. �. .�.w. Detection(Ha�tnat � 1C140,000.00 $140,00@.00 3 4000,07CD-01-DPMd, pA.0kKTCL 21QN�00- HEP„ P3 DVL Sotebnln i f*.. �,Search,Deteatio�r(�oD i $16000U.otf $t60,UD0�00 � 3 honVINplosive Detector);AE L d07OD 1-LASR,070- + w• Y"+""q' w�d 'r • i ,�d rr " '• "Y r :, `;i{(s w "15 " m w + 4p ai m ..M VV i w.S7. k ,- rv•�.�•-' '"�.a.«'e*+..�r�r;�. .. •F .Mr A" 14 �~ 4� •4Y e:�!• t $r.� rye. 4 �. '�• sy,�+ •'t e ww„ w J��,� � ,dwC4° �'ti�.bft. rySy,.yatr dt"`„"• �t�� a y1wV.,w �r1.�+• '� d iir .� �f�..., ^'"�J1 .1' .• �}y.�,i �}.• y""�z) Y' ri(•trl�rA•.bution dW0�,V40.9D $404,40040 2 P$�i�E-prdventlon W Pon�nslcs and Attri eh1¢le„�,EL�I2VS__«_00- i88t„�L(rre 40�3-0�, �_ esportss-C NE° Crltfcai 7nmporkation�Vehlclas}; 1 �ca,0�n,8ri.a► ,47oA�'i'.00 EL d12VE404I88, 11VIE4044OVK 12VVA"MI?V, {, WE 5 ", . li R&M 3.wr � .wa. r ry'�;:`�' �a � ',.'? reKa4 P2 1&I-PfflVerrtlon--Fntelligonoe and Info SImring x $100#aoo UNPON 0 x Dark Web Monitaring);AI1L#131T-4O.ALRT;Line Item . Sher Cove 8urveluserrre Enhancements,A>:L�ITipO�QE '' mm ! � •� 8�4A,965.00 2 , 31T-40-li T1,.,13t e.004SURV,030E-02.T hA,0309141- LPA,04AP-0.2-DOPS,"I D►01 VOAM and 04HW41- lik=_1 Llno km 2021-12 W02-I&11 Provsntlon 10991gerrae and Info Sheering_^w � ��► � � �� lnternot Upgrade to Forensic Unit Vehicle);AEL#13LE- 0-$U �. w.....��.. .��_.�. ,,�.��_ �, 1 1��i►4S0.00 $132�05d00 �6 . PQ Iectlan Security._.Rreventlan--I&i tMDPD'tech pe Surveillance Equip);AEL#13LE►00-SURV; Lino Rom r �. � ^","' � l 1•;• .n, ,¢ „�h �Lh......,4tsi rr., 'S;ti� 2�•P.+d+�.ti l5.: •`,yam - ,a •, � �«� •.�' �t• ��^ ",„ �'�"�' rra�' M r c�C �,��,„,,,,�,�•/c . � 4 �r ST/op-protpedon-Physical Progtective AAeaaures .Oo SWA00 1 TTeroot Hardening);AM#148W-01 DA,148W-01 OR, '4SW.0i_LrM,14OX41043SON,04MW-014NHW,04MD43" § 21t4 -0 - AIN 210"04NIST' LMs ftm 2023-41' 42 P8 W i�,Iectio tacurlty=Protection-Physical PretacNve i_i ji4s,7nW 4 z.o0_ 6— easums foollarde119arriers at Polling Lac*OMs);AIIL 4SW y AI.L* 0 tam 2023-08 AGO*overy tnirastruature Systemsternat Backup); x anu,00OAo s2o,0o0.00 �e EL#'i i,09•COt�P L111e item2023.14 Anin�!"�k�'arrd•Forel �F•J�1thi81bisa�a �,. d cmr•:!qqt @ y�„ ,rr 9 �{ n.: r 5•t:ds.p a espgnee—G iRN� Gr�tlaai'Transpnrtatton{vessels); i 93,9s7,o0 $ 9301,1" 9 L#f AT Llne Item ZR �10 • than end.'F� a net nn�nnad'girt;r9�: ,.. . ponsa G RNE—Logliffloo and Supply Chain 1 $3100KOD $31019" 0 anagwrwnt;AEL#18GN-O FlaM,IOMH4"ULK, S1000 QART; IOGM-GENR;21ON•00-SHIP;Line Item 23-11 ` nl:v's1+q`�r5..,:ur.. i,�r•"�y'? .!°•' �1'"�' ''�f. ?^r+.. . manna A�#20GZ;•0� { 0 P e . NP3..VVE Screening,Seas ,Dete-FPRN,Line Item 1 337►+168.04"w $37,968.Oa r1 423-03 1 8 ?Cp Prevenkion-»lnt�a�dlgtlon anDtsruplton iauooA.oO a,0o0,0o i Marline R lar rower;AEI..#2'I�i-OO�CNST,94&w�i2� P2-t&I T Freventian lntelll @nce and�info" w WWOOr00 2 r�uslon Center i�peratlnn$).A��1QN-04-t?CBQ,04Nw 1MINHW 12f1 00•II ,,'t rl' T l..Ine Itenw 2023-0x P2 4&1�-Prevention-Int elpoemo and 14i harbg s gD,oao ao sesno,�ae oo RTCC ftlect);AEL#2ICaN OO.00EQ,04HW414NHW, 42-DISP and 21GN_d041VSTj l lnp 10m2023-t12� • jP_ 4—Community Preparre it_ieaas and Resilient a(CERT ,613.E $349823.Q0 d n1 lativo);AEL 021C3N4040F.0,08CP44-PORT,49GN- - BdP I a►tern� 43 g nhancementsross Cutting operational Coordinate E p ion(EOC i S458,204.00 sass,2o.t.0o 7 );AEL#21GN-00 OCEQ; 14C1-00-COOP, '7SE-03-ENVS, 06CC-05-PRTY,06CC-02-DSAD, 21 GN-00- INST,04MD-03-DISP,04HW-01-INHW, 04HW-03-NETD; 04SN-01-XMIT; 21GN-00-INST,21GN-00-CNST, 04MD-02- 6-VCON Line item 202. e _ PROJ 06CC-01-CELL,_06CP 0... 3-08 Maintenance and Sustainmen y -- _...- itigation—"Long-Term Vulnerability #eduction S4I3,z52.00 S413,252.00 8 ( 21 GN-00-MAIN; � Line item 2023 09 _ _ . J'OTAt.EQUIPMENT EXPENDITURES 0,629,006.00 , �, tta �� IIN IHNN F.������ 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 _ .... &A Personnel Salary, Line item 2023-16 1 $500,000.00 $500,000.00 Development of g .. ........operating ry plans p. ... r information collection .._ .. _... m, m_ __ w ..... _ .. _.._ --------- processing . d pro ess nnecesa toes and to DHSIFEMA data calls Overtime and backfill costs Overtime expenses are defined as the result of personnel who worked ov er 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. Tr_ avel .�xpens....... ._ ..... ... . e es _....... Meeting related expenses es Authorized office equipment: including personal comput ers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security Office Supplies and Equipment, Line strategy. _ _ w $��o00.0o ao,000.00 �........ _ Item 2023-16 s _.,.... _ _ 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. m .. — �� ,.._ _ ... _ .., Recurring Expenses,Line item 2023-16 1 S20, 00.00 $20,500.00 ... T . 44 Completing the Civil Rights Evaluation Tool Conducting activities related to evaluating project effectiveness for HSGP-funded projects t k k,F f r TOTAL AWARD EXPENDITURES $13,802,313.00 45 ATTACHMENT 13 SCOFF OF WORK Sub-Raciplents shall comply with all the requirements in 2 C.F'.R,Part 200(Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Awards). purpose of He*FY2023 HSi3P N[ri sdpporVstta anti IcMl efforts to proventterrorlsm 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 idsntifled In the Domestic Homeland Security—Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2023 Homeland Security Grant Program(HWIP),consistent with the Department of Homeland Security Stets Strategy. Eligible activities are outlined In the Scope of Work for each category below: 1. Issue and project Description—Issue 40;The Urban Area Security Initiative(UASI)has allowable Management and Adminlstrallon(M&A)costs assoclated with it.The Division of Emergency Management,as the designated State Administrative Agency,will retain five(S)percent of the total UASI amount allocated to Florida for M&A purposes.These funds will provide the SAA with the means to manage and administer the UASI grant.The proper management and administration of these funds ensures that each project listed will be fulfilled,or partially full fled,more efficiently while remaining In compliance with the DHS Federal Fiscal Year2023 Homeland Security p. Categories and Eligible Activttles F'Y 2023 allowable costs are divided Into the following categories for this agreement: Planning, Organizational,Exercise,Training,equipment and Manegornant and Administration.F..ach category's allowable costs have been listed In the"Budget Detail Workshaet'above, A. Allowable planning Related Costs HSOP 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,SPIN, oonllnulty 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 CPG 101 v 2.0. Planning efforts may include: , Developing hazard/thrsat-speoltio annexes that Incorporate the range ofprevention, protection,response,and recovery activities; e Devetoping and implerxrenting homeland security support programs and adopting DHS/FEMA national initiatives; . Developing related terrQdsm and other catastrophic event prevention activities; • Developing and enhancing plans and protocols; Developing or conducting assessments; Miring of fall-or part-time staff or contracticonsultants to assist with planning activities(notfor the purpose of hiring publio safety personnel fulfilling tretlltional public safety duties); • Materials required to conduct planning activities; • Travel/per diem related to planning aotivltles; • Overtime and backflll costs(in accordance with operational Cost Guidance); issuance of WHTI-compliant Tribal ldendfloation card; • Activities to achieve planning inclusive of people with disabilities and others with access and functional needs; r Coordination with Citizen Corps Councils for public Information/education and developmentof volunteer programs; • Coordination and material support to Citizen Corps Councils and local firehouses for the establishment,training and maintenance of CERTs o Update governance structures and process"and plans for emergency communicatlons; a Development, and review and mvlston of continuity of operations plans; • Development, and review and revision of the THIRAJSPR continuity of operations plans; 46 Developing or oonduoting equity assessrnents to address planning and prsparodn"s disparities for historically underserved communities * Activities to achieve planning Inck alve of people with limited English proficiency. Planning effort$can also Inaludo conducting dak and resilience asaswmente on increasingly connected cyber and physical systems,on which seourity depends,using the Infrastructure Rosillonoe Planning Framework and related Cybersecurity and Infrastructure Security Agency(GISA) resources.Additionally,SHSP and UASI funds may be used for planning efibrts related to stets court cybersoourfty,911 call oapabllitles,start and waming capabilities,and lmplamenteUon of the REAL ICE Act(Pub.L, No.109-13), B. Allowable Organimitlon Related Coots(HSGP and UASI Only) Sub-Reolplents proposed expenditures of HGGP or UA81 funds to support organization activitlss Include, Program Management, Development of whole community partnomhlps; + Struotures and mechanisms for information sharing between the pubilo and private sector, • implementing models,programs,and workforce enhanvement tnitlatives; + Toole,resources,.and activities that faali tate shared altuatlonal awareness betwednthe pubilo and private sectors; • Operational support; a Utilixoticn of standardized resource management concepts; Responding to an increase In the threat level under the Notional Terrorism Advisory System (NTA$)or needs resulting from a National Special$ecur9tty Event; • Reimbursement for select operational expenses associated with increased securitymessures at critical inrfrmtructure sites Incurred(up to 80 percent of the ellooakn) Migrating online servioes 0 the".gov"Internet domain;and • Overtime Nor information,Investigative,and Intslllgenos sharing aotty a(up to 60 percentof the allocation) * raying salaries and berteflts for personnel to serve as qualified Intelligence Analysis, Perthe Personnel Reimbursomont for Intelliganoo Goopomflon and Enhancement(PRICE)of Homeland Security Act, Pub. L. No. 110412,§2,codified In relevant part,as amended,ate ! U.S.O,§809(a), H8QP and UASI horde may be used to hire now stag'and/or oonb'e0tor positions to serve as Ints Rims*analysts to enable intbrmaktilintelligenos sharing oapabllltles,as well as support existing intelligence analysts previom*covered by H8oP or UASI funding.See a U.S.C,§809(a),To be hired as an intelligence analyst;staff and/or oontmotor personnel must meet at least one of the following oriterla, + Complete training to ensure baseline proflotency In Intelligence analyal$and production within stx months of being hired;and/or, M Prsvi m*served as an Intelligence analyst far a minimum of two years either Ina %dotal Intelligence agehcy,the military,or state and/or local law enforcement Intelligence unit i Miring or mintaining staff positona/nontretnrslloonsultants at El.TT levels to deliver community preparedness training,resources and material to schools,community-based organlxattons,tatth-•based lnodtutlons and local businesses. • Hltirrgg�or maintaining staffpositions/cont►actoralconsultants to create,support and maintain DEf�'T or 7esn CERT lnteitlgenco Analyst Aedvitias Allowable Dusts.(HSCIP and UASI) All fusion center analytical personnel must demonstrate qua6ticatlons that most or exceed compatenoles Idontlfled in the Common Competenol®s for state,local,and tribal Intelligence Analyo,whioh outlines the minimum categories of training needed for intelligence analysts.A 47 , i certificate of completion of such training must be on file with the SAA The following analytic courses have been reviewed for compliance with the (7��tt7 c;E,y„st��,,; ft ;� nld r rihrjr?r° rd, I f; and approved by FEMA for inclusion in the t„AJ,, .,�and the( ( f,4"J These courses also meet analytic training requirements for fusion center analysts set forth in the,Ha,9l 'IZ C , f3 s v • DNS Basic Intelligence and Threat Analysis Course(BITAC)(DHS-008-PREV) • DHS Critical Thinking and Analytic Methods(CTAM)(AR- 31) • DHS Introduction to Risk Analysis Course DHS Intermediate Risk Analysis Course • DHS Principles of Intelligence Writing and Briefing(PI )(PER-301) Foundations in Intelligence Analysis Training (FIAT)( -001-PREY) • Fundamentals of Suspicious Activity Reporting Analysis(DHS-034-PREV) • Intelligence Analyst Professional Development Program(IAPDP)—Texas(DHS-032-PREY) Intermediate Fusion Center Analyst Training:Analysis and Terrorism Prevention(CA-026-PREY) • Intermediate Fusion Center Analyst Training: Strategic Analysis and Oral Briefings(CA-025- PREV) • Law Enforcement Analyst Program(FL-002-PREV) ODNI Analysis 101 (DHS-007-PREV) • Suspicious Activity Reporting: The Analytic Role(DHS-035-PREV) • Terrorism Intelligence Analysis (CA-018-PREV) States and Urban Areas must justify proposed expenditures of HSGP or UASI funds to support organization activities within their IJ submission. All Urban Areas are allowed up to 50 percent(50%)of their UASI funding for personnel costs.At the request of a Sub-Recipient of a grant, the FEMA Administrator may grant a waiver of the 50 percent(50%®) limitation noted above. Request for waivers to the personnel cap must be submitted by the SAA to GPD in writing on official letterhead,with the following information: • Documentation explaining why the cap should be waived; • Conditions under which the request is being submitted; and • A budget and method of calculation of personnel costs both in percentages of the grant award and in total dollar amount. To avoid supplanting issues, the request must also include athree- year staffing history for the requesting entity. Organizational activities under HSGP and UASI Include: Operational Overtime Costs. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for increased protective security measures at critical infrastructure sites or other high-risk locations and to enhance public safety during mass gatherings and high-profile events. In that regard, HSGP Sub-Recipients are urged to consider using grant funding to support soft target preparedness activities. HSGP or UASI funds may be used to support select operational expenses associated with increased security measures in the authorized categories cited below: • Backfill and overtime expenses for staffing State or Major Urban Area fusion centers; • Hiring of contracted security for critical infrastructure sites; • Participation in Regional Resiliency Assessment Program(RRAP)activities; • Public safety overtime; ® Title 32 or State Active-Duty National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package( ote: 4R Consumable costs,such as fuel expenses, are not allowed except as part of the standard National Guard deployment package); •Increased border security acdvilies In coordination with GOP; *National Tarrodam Advisory System; +O"slgnated National Seourity 1=ve1nt8; e Special Event Assessment Rating(SEAR)Leval 1 through 4 Events States of 5mergency; •National CrltloW Infrastructure Prtorltizatlon Program(NCIPP); .Directed Transit Patrols;and +Operational support to a Federal Agency. Operand Overtime Requests: a Except for an elevatad NtA9 alert,HSOP or UASI funds may only be spent for operational overtime costae upon prior written approval by FEMMA.The$AA must submit opamdonal overtime requests in writing to Its assigned FEMA Program Analyst(PA).FEMA will oonsider requests for speclarl event activities up to one year in advance. However,such requests must be within the award's current period of performance end must not result In the need for a request to extend the period of performances. ' # All operational overfima requests must clearly explain how the request meets the oriterla of one or more of the categories listed above. Requests must address the threat onvironmentas It relates to the event or activity requiring operational overtime support and explain how the overtime.activity is responsive to the threat, a Post-event operational overtime requests will only be corlskWed on a case,by-case basis, where It Is demonstrated that exigent oiroumstanm prevented submission of a request In advance of the event or aotM • tinder no ciroumstanoos may&SIFEMA grant funding be used to pay for costs already supported by funding from another federal source. • States with UASI jurlaadlotione can use funds retained at tho state level to reimburse eligible operational overtime expenses Incurred by the state(per the above guidance Ilmitations).Any UA81 funds retained by the state must be usod In direct support of the high-risk urban area. States must provide documentation to the UAWO and DH IFEMA upon request demonstrating how any UASI funds retained by a state would directly support the high-risk urban area. • fEMA will consult and Coordinate with appropriate DH$components so necessary to verify Information used to support operational oveMms requests, Per Qnnel Coos(HOOP and UASq Personnel hiring, overtime, and backtlll expenses one permitted under this grant to perform allowable HSGP planning,training,exercise,and aqulpment ea Mlles. Personnel may Include but are not limited to training and exercise coordinators,program managers for activities directly associated with HSGP and UASI funded activities,Intalliganoe analysts,and Statewide Interoperabtitty coordinators(SwICs), Sul-Reciplents should refer to Inbrination Oulicti.n No.421b,Clari9cation on the Pensonnel ReIrnbursement for Intelli enca t;ooperstlon and Enhanoement of Homeland SecuHty Act of 2008(Public Law 110-412-the PRICE Act),October 30,2019,HSOF funds may not be used to Support the hiring of Shy personnel to fulfil traditional public health and safety duass nor to supplant traditional public health and safety positions and responsibilities. The foltowlag definitions apply to personnel oosts: • Hiring.State and local entltles may use grant funding to cover the salary of newly hired personnel who are exclusively undertaking allowable DHt'31 EMA grant a0fivities asspeoifled In this guidance.This may not include new personnel who are hired to fulfill any non- DH3/F'EMA program aoftiles3 under any clroumstances.Hiring will aiways result In a net Increase of Full Time Pquhralent(PTE)employees. 49 . ovaddme.These expenses area limited to the additionai rusts that result from personnel working over and above 40 hours of weekly work time as the direct rosult of theirperforh»nDe of oHSIMA"pproved aotivllles.speolfled in this guidance.Overtime assoclated with any other sofivity le not eligible, ' • SoclrMRstatad OVelf MS.Also called"Overtime as Sacldill,"these expenses am limited to overtime costs that result from por onnel who are working overtime(as Idontifled above)to paftm tha-dutiea of-other personnel who arerternporarily wIgned ta•QM;aIFBMA-approved. i activities outside their core responalbiillies.Neither overtime nor bookflll expenses arc the result of an Inomeas of FTC employees. e Suppian".Grant funds will be used to supplement existing Hinds and will not replace I (supplant)funds that have been appropriated for the same purpose.Applicants or reolplents may be required to supply documentation certifying that a reduotlon in non4ederalresouroes r occurred for reasons other than the moolpt or expected rwlpt of federal funds, C. Allowable Organkmtlon Related Oasts(OP60) ! Personnel Costs.OP60 funds may be used list domestic travel and per diem, Including costs associated with the deployrnent/redeployment of personnel to border areas and for travel associated 1 with law enforcement entitles assisting other local Jurisdictions In law enforcement activities(travel costa must be in arcoordance witM applicable travel toguladons). . tip to 84 peroent of an OPSO award may be used to y f .^ nn—_ � pay far all personnel scats(only to ilia exbsnt that suoh expenses are for the allowable aotvities within the scope of the grant).At the request of a recipient or Bab-Raciplent,the FE MA Administrator(or designee)may waive the 60 percent personnel cap,Waiver decisions are at the discretion of the FEMA Administrator and All lee considered on a case-bye basis, Further,changes In scope or obJeative also require FBMKs prior written approval pursuant to 2 C,F,R,§200.308(c)(1)(i),A formal 01380 personnel waterer request should; . Fie on official Ietterhoad, inolude a written justification,and be signed by the loos!}urisdlation. + Include a budget and method of calculation of personnel carats both in the percentage offhe grant award and In total dollar amount, reflecting the obange in scope or objective to the pro got. o Include an approved Operations Order from the USBP Sector office that supports thelocal Jurisdiction's written Just€floayon, Be coordinated with the 1I81313 Sector, SAA,and tho OHSICB'P Office of the Border patrol (w). As with all OPSO personnel oosts,OP813 grant funds shall be used to supplement exleting funds and will not replace(suppiont)funds that have been appropriobd for the ease purpose.Appllcanls or recipients may be required to supply documentation certifying that a reduction In non-federal resources oocumad for reasons other than the receipt or expected receipt of federal funds. Temporary or Torm Appointments • Sub-Reolplents may utilize temporary or form appointments to augment the law enforoement presends on the borders. blowaver,applying funds toward hiring fulk6ma or permanent sworn public safety ofBows Is unallowable. • OPSQ-funded temporary or term appointmonts moy not exceed the approved period of performance, s For OPSO purposes,temporary appointments are non-status appointments for We than one year. For 0PSG purposes,tWm appointment's are non•siatus appointments for one year, extendable for one year as nec6ssary. a OPSQ funding for temporary or tart appointments may pay for salary only.Benefits are not aiiowable expensea for term or temporary employees. SO • OPSO remains a no"Idng program.Appropriate uses of temporary or term appointments Include. « To carry out specific eftmernent operations work for ongoing OPSO--funded patrols throughout the Sector Area of Operation; « To staff operations of limited duration;such as OPSO-enhanced enforcement potrols targeting specific locations or criminal activity;and, • To III OPSO positions In activities undergoing transition or personnel shortragesand local baaCWI policies(medlcaaftiltary deployments). • OPSG term and temporary appointments must have all necessary certifications andtrairdng to entaroe state and local lows.OPSG funds will not be used to train or certify term or temporary eppolntrtnents except as otherwise stated In the OPSO section of the Preparedness Grants Manuel and the H$GP NOFO. • In addition to these terms Sub-Roolpl$nts must follow their own applicable policies and procedurss regarding temporary or term appointments. OpmOonal Overdmo Coats:OPW funds should be used for operational overtime coats associated with law enforcement activities In support of bonier low enforoement agent for Increased border security enhanownaant Overtime pay to for enhanced patrol for certified public safety offloem,along llmbd support for otiter law enforcement direct support personnel(e.g., Communication Offlc9WDisp9tahmre,non-m m patrol pilots,eto.).Overtime shall be reimbursed oonsistant with the non4deral entity's overtime polloy and the requirements as stated below: • Overtime Is time worfced that exceeds the required number of hours during an employee`s desi,gnets>xd shift • Overtime most be worked to Increase patrol capacity and be In support of Identffledand approved USBP border security operations. • The OPSO overtime hourly rate of pay will be no more than the approved overtime We per local law and policy and must be In accordance with appilooble State and Federal regulations. • All overtime expenses under OPSG must be reasonable for the services rendered and conform to the non federal entity's m talons sd written policy,which must apply to both federally funded and non-federally funded activities and comply with the otherapplicable requirements under 2 C.F.R.§§200.480-200AS1. • The non-federal entity may not ufilfzs OPSO funding to pay for an employee's overtime hours or pay that exceeds iB hours worked In any 24-hour period, Unollowabfe Costs(OPSO) OPSO unallowable cats Include costs amclated with evidence colfeotion,arrest processing, prosecution,and TmffkVDUI checkpoints,such as evidence documentation Camsras,fingerrprinting supplies,alcohol breathalyzers, portable walk this,trams barricades,and similar law enforcement expenses.Additional unallowsble costs also include costs assoclulad with staffing and gemaal IT oomputing equipment and hardwar+a,such as personal computers,fait,copymaaahrrtes,modems, etc.OPSG is not Intended as air hlring program.TherWor+e,applying funds toward hiring full-time or parrrar>ent sworn public safety offloors is unallowable.OPSO funding shad not be used to supplant Inherent routine patrols aand law enforcement operations or activities not directly related to providing enhanood Coordination between local and federal law ent reemrent aager►ale,s,Finally,oonshwilon and/or renovation oasts,and exercise expenses am prohibited under OPSO. D. Management arrd AdminhOntion(M&A) Management and admInlstration(M&A)activities am those Oreeotly relating to the management and aadministratton of HSGP funds,asuoh as financial management and monitoring.Sub.Reolplents awarded M&A oasts under this asgmement can retain a rnwdmum of up to 6%of their total agreement coward amount for M&A casts. Allowable M&A activities Include: • Miring of full-time or part-time staff or oontraatorsloonsuttoants: 51 To aaslet with the management of the respective grant program. • To assist with application mquirernsnts. To easlst with compliance reporting and data oollectlon requirements. Development of operating plans for Information collection and processing necessary to respond to DHSIFFMA data calla . overtime and bacitfill costs. . • 'Travel . ._ . . . ..._.. . . _ + Meeting related expenses + Authorized office equipment Recurring expenses such as those associated with cell phones and faxes during the period of E rltsrmence of the grant progrom • Leasing or renting of space for newly hired personnel during the period of performance of the grant program Oompleting the OMI Bights Evaluation Toot • Conducting rautivities related to evaluating project o footivenees for HSGP-funded proJects Management and Administration(M&A)JOPOS) Mansggernont and adminlstratlon(M&A)aciivltles are those directly rebating to the management and administration of OPSG funds,such as financial management and monitoring.Recipients rney retain — ——up-tGS'Ya4�tiae•overalLgP_�i4-alltxt�n_ptkr�t _-through funding to Sub-Reolpienta,This funding must be doduotod In an equal percentage from asoh SutrReclp an u plan—ts end- — — friendly form may rotaln funding for W purposes;however,the total amount retained cannot exceed 6 percent of the Sul-Reolpienft subaward, Friendly forces are loaai few enforcement entitles that are subordinate dub-Reolplents under OPSG.in other words,friendly fnrcae are entities that moslve a subaward from a Sub•Reclplent under the OPSG Mpram. Pdondly forces must comply with all requirements of sub-Rectplehts under 2 C.F.R. Part 200. S. Allowable Equipment Related Coots(SHGP and UASlj The 29 allowable prevention,protection,mitigation,response,and recovery equipment oatagorles for HSOP are listed on the Authorized Equipment List(AEI,).The A OL Is available at h#M./Avww.fema,govlautho&ed»equlpment-Ilat. Some equipment Items require prior approval from DHS/FP-MA before obligation or purahaso of the Items.Please reference the grant notes for each a4ulpment item to ensure prior approval Is not required or to ensure prior approval is obtained If necessary.Unless otherwise stated,all equipment must meet sli mandatarryy regulatory and/or VHW EIVIA-adopted standards to be eligible for purchase using 1h$se funds.In addition, recipients will be responsible for obtaining and malntairhing all necessary certifications and licenses for die requested equipment Grant funds may be used for the procurement of medical countermeasures. Procurement of medial countermeasures must be oonduoted In collaboration with Statalcilyllooal health apartments who administer Fademl funds from HH8 for this purpose,Procurstnentmust have a sound threat-based Justification with an aim to reduce the consequences of mass casualty Inoldents during the first r rudal hours of a response.prior to procuring pharmaoutic ls, grantees must have In play an Inventory management plan to avoid large pariodlo variations In supplies due to aoinoiding purchase and expiration dates. Grontses are enequraged to enter into rotational procurement agmoments with vendors and distributors.Purchases of pharrmaceuticale must Include a budgo for the disposal of expired drugs within each fiscal year's period of performance for HSGP.'fhe cost of disposal cannot be carried over to another F'EMA grant or grant period, The equipment,goods,and suppiia s("the eligible eaulpmene)purchased with funds provided under this agreement are for the purposes specified In"Florida's Domestlo Security StrateW.Equipment purchased sed with these funds will be ulillzed In the event of emergencies, Including,but not limited to,terror♦em-related hazards. The Su&Reciplent shall place the equipment throughout the State of Florida In such a manner that, In the ovent a an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a(axed 52 locatlon within two(2)hours of a request for sold deployment 'the Florida Division of Emergency Management(FIDEM)must approve any purchases of equipment not itemized in a prolods approved budget in advanos of the purchase. The Sub-Reolplent will,In accordance with the statewide mutual aid agreement or other emergency response purpose as speolfied in the"Floft Domestic Seourlty Strategy,"ensure that all equipment purchased with thee®funds Is used to respond to any and all incidents within Its regional respwas area as appllcable for so long as this Agreement remains In effect.Prior to requesting a response,the FIDEM will take prudent and appropriate salon to determine ftt the level or intensity of the Incident is such that the simlalizsd equipment and resources are necessary to mitigate the outcome of the Incident Allowable Equiprrmnt(OPSO) OPSO equipment Ig Intended to be incidental to the enhanced border security operations being riormad.The grant Is not Intended to,be used to outfit or supply general equipment to SI..1'I' aunt agencies.Equipment must be relatable to and justified by the operottoned bent it will provide. • Equipment Marling.Because equipment purchased with OPSO funding Is Intended to be used to support OPSG wctivltles,it may be appropriately merkod to ensure Its ready Idenfifi artlon and primary use for that purpose.When proodcable,any equipment purchased with OPSO funding should be prominenty marked astilowo: "Pwvhaaed wNh AHS funds for Opmdon 3ftnegsWen.1sa" • Pool Cost and/or Mileage ReIrnk yaoment.There Is no cap for reimbursement of fuel and mileage costs In support of operational activities. ❑ VeMole and Equipment AcquisMonj Including Laiming and Rentals:Allowable purcheses under OPSO include patrol vehicles and ottder mission-opeclfic equipment whose primary purpose Is to increase operagonal capabilities on or near a.border nexus In support of approved border security operations.A detailed Justification must be subff*Jod to the respective FEMA HQ Program Ana"pdort:o purchase. WOW Emergency Onurdsrme mr9s:Allowable purchases render OPSO Include nwuAto antagonist pharmaiawtiosls,detection and Id®Mlfloafion equipment,safe �- Wbrage and transportation,personnel protective equipment,and initlal oquipmwnt training,as will be relected In the AEt,and m plalned In 18 e$8. Additional Equipment tntarmatton FEW Policy 207-22-0002: Prohibited or Controiled Equipment Linder FEMA Awdut establishes both a prohibited equipment list and a conlrodied equipment list, Prohibited.Equipment List:Identft Name that are prohibited from purchase under FEMA awards. The list oleo Includes exceptions flor otherwise prohibited items that are dimuable under certain clroumstsnces,08 wall aw procedures for obtaining FIRMA approval for thoso Items.Subreclpients should refer to applicable program guidance or contact appropriate SAA program staff to detemmne whether a particular type of equipment is allowable under a specific grant program.The list of prohibited Items includes, but Is not limited to: d Weapons,"aponixeRd aincrett vowels,and vehtales of any kind ❑ Wespordzed drones and weapons systems ❑ AmmunWon p Explosives 11 Armored and Tactical Vehicles,with oartafn exceptions 53 Controlled Equlpmerd List:Identifies cerfaln items that may only be purchased With PEMA awards If additlonal certifications and controls are Imposed on their ecquisition or use,Even If equipment is fisted as controlled equipment and is trot outright prohibited,that does not automatic'aly males it allowable under a particular FWA program. Subreclplants should refer to applicable program guidance or contact applicable SAA program staff to determine Its-particular type of aqulpnvnt is . _. . . . . . ...._.. to: q �bl�underthat proggram,The list of controlled items Includee, lout Is not limited. p Manned Airoreft,Fixed and Rotary ling U Unmanned Aircraft Systems(UAS)and Small Unmanned Alroraft Systems(SUAS) ❑ Kinetic Entry0eaching Apparatus Grant subreclplente may not modify equipment wAulred using federal resources In a manner that would cause it to be considered prohlbitad equipment In addition,grant recipients and subreoiplents may nut modify equipment acquired using federal resources thot would cause It to be considered controlled equipment,absent speoft written approval from FEI IA and adherenos to all relevant requirements. F. Unallowable l!quiptnent Costs(HSQP,UASI and OPSG) Per l=EMA policy,the purchase of weapons and weapons accessories,Including ammunition,Is not ellowed with H$GP fonds.Grant-funds may not be used for the purchase of equipment not approved by IDH ren�un—te mum ty*UrlB-428 and-rrray-not-be-used-foriho-purehass-of-the — following equipment: • Firearms;ammunition;grenade launchers;bayonets;or wasponized alroraft,vessels,or vehicles of any kind with weapons Installed. Unauthorized exerolsa.mlated casts Include; a Reimbursement for the maintenance or wear and tear costs of general use vehicles (e.g.,construction vehicles),medical sup piles, and emergency response apparatus (o,g.,fire trucks,ambulances). * Equipment that ire purchased for permanent installation end/or use,beyond the scope of the conoluslon of the exercise(e,g., electronic messmging sign). Q. Requlr6 menus for Small Unmanned Alrorafk System(SHSP,UASI,and OPSQ) All requests to purchase Small Unmennsd Aircraft Systems(SUAS)with FEMA grantfunding must comply with 1S 420 and IS 400 and include a description of the poilales and procedures In place to safeguard individuals'privacy,alvii rights,and civil liberties of the Prisdictlorr that will purchase,take tide to or otherwise use the SUM equipment. H. Acquisition and Use of Toohnolopy to Mitigate UAS(Coveter-UA$) Prior to the testing, acquisition, Installation, or use of UAS detection and/or mitigation systems, Sub•Reolpisnts should soak the advice of counsel experienced with both federal and state criminal, surveillance, and communications laws, Bub-Roclpiants should conduct their on legal and toanloal analysis of each UAS dotsotion and/or mitigation system and should not rely solely on vandor'a'representations ofthe systems' legality or functionality.For further information please see the DHS pre" release on this taplo: httpa.,/Avww.dho.govInoWN2020/08/iliintwagenay- lsauea�dvlarJry-us�teahnoicrgy�detsct�and�m/Nests-unmarnied-aircraft. I, Movable able Training Related Costs(SHQP and UASI) Allowable training-related costs under HSGP Include the establishment, support,conduct,and attendance of training epeclticaily Identified under the H$GP and UASI programs and/or In conjunction with emergency preparedness training by other Federal agencies(e.g.,HH5 and DOT). Tratning conducted using HSGP funds should address a peftrmanos gap Identified through an AARV orother assessmants(e.g.,National.t mergenoy Communications plan NEOP Goal Assessments)and contribute to building a capability that W11 be evaluated through a formal exercise. Any training or troining paps,Including those for children)older adults, pregnant women,and Individualswith dfsabllities and others who also have access or f notiona l needs,should be Identified In the AARAP and addressed in the state or Urban Area trslning cycle. Sub-Reaipients are 54 encouraged to use existing training rather than developing new courses.When developing new courses, Sub-Recipients are encouraged to apply the Analysis, Design, Development, Implementation and Evaluation(ADDIE)model of instructional design.Allowable training activities include: • Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes • Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training • Training workshops and conferences • Activities to achieve training inclusive of people with disabilities 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 orconsumed during the course of the planning and conduction of the exercise project(s) • Instructor certificationlre-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 IB 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. DHS/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 information on developing courses using the instructional design methodology and tools that can facilitate the process, TPOCs are encouraged to review the b1T[,-F`0 f �, rr1 Truly? R YY v lvyurr+r rri Cantor(RTOG)website. DHS/FEMA 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 DHS/FEMA.These trainings include courses that are either state sponsored or Federal sponsored(non-DHS/FEMA), coordinated and approved by the SAA or their designated 55 TPOC,and fall within the DH S/FEMA mission scope fo prepare state, local,Tribal, andterritortal personnel to prevent, protect against,mitigate,respond to,and recover from acts of terrorism or catastrophic events, s Mate Sponsored Coureos.These courses are developed for and/or delivered by ineftkions t or organlzetlons other then Federal entitles or FEMA and are sponsored by the SAA or their _doflIgnatacf TPOC. joint Trainlnla and Sxerelses with the Public and Private Sectors.These courses are sponsored and coordinated by private sector enfitles to anhanos publlu-private partnerships for training personnel 0 prevent, pMeGt against, mltlgata,regond to,and recover fromacts of terrorism or catastrophic events. In sddldov,Stevie,territories,Tribes,and Urban Areas are oncouragod to Inoorporate the private savior In govemment-sponsored training and exercises. Add Itlonal InfoffrAlon on both DHS/FEMA provided training and other federal and state training Gan be found at;www,firstmepondert(stning.gov. Training Information Reporting System("we"orme).Web-Forms Is an elsotronicz form/deta management ayatem built to assist the SM and Its designated State,territory and Tribal'Tralning Point of 1_�eepM100 nine ►LttJ��tbrgugh Web-Forms Is not Wed under FY 2023 HSQP, however,the systorn remains gvalEabla and can be accessed through thesAG at ----- —_ :h� /hvww,flreb'aspondedraining.gov/frUwobforme in order to support grantees In their non cicing of nalfng deliveries. FORM Stabs Training Mille®Conditiotlw;For the purposes of this Agja mdrd,any training course listed on the DIMS approved course catalog qusllfflea as an authorized course,Tho S0-Recipient can suomgsftdly complete sn authorized oourse either Icy attending or conduoting that course, s in ceder to receive payment for sucoMfully attending an authorized training aour$e,the Sub- i Recipient shell provide the Division with a csertilloste of course gompletion;addiffonelly,the i Reel le nt s t.shell provide the Division to attend the cGth all receipts that document the costs incurred by the • In order the receive payment.for suooesafully oonduoiing an authorized oourse, the Sub- Recipient shall provide the Division with the course materials and a rooter sign-In shell; additionally,the Sub-Reciplent chat!provide the Division with all mooipts that doournentthe oft incurred by the Dirt-Reolplent In order to conduct the course." i • For courses that are non_DHS approved training,Sub-Redplent shall request approval to f conduct training through the use of the Nan-TED porm and provide a copy,along wlthemall, showing approval granted for conduct. i s For the oonduot of training workshops,Sub-Recipient shall provide a copy of iteGour ! materials and sign4n sheets, • The number of participants shall be a minimum of 18 In order to Justify the oust of holding a course.For questions regarding adequate number of participants passes oonteat the FOU State Training Officer for course spealflc guidence.Unless the Sub-Recipient receives advance written approval from the We Training officer fbr the number of partiolpanta,then the Division shall reduce the amount authorized for ralmbursement on 0 pro•rata baste for any training with lase than 16 parttGi wts. The Sub-Rsoiplont shall Include with the raimbursement peft9a a aspsrate copy of the i * pag (s)from the Stalls(and County or Regional)Wegrated Preparedness Plan(IPP) i reftocting the training, 56 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 n_f,,zmp,rj Stg.r!�/r°� Cioa l?r i r c¢rs Ni �a rc; TAB in. Allowable exercise activities include: • Design, Develop, Conduct, and Evaluate an Exercise • Full or part-time staff or contractors/consultants • Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA exercise • Implementation of HSEEP • Activities to achieve exercises inclusive of people with disabilities and others with access and functional needs • Travel • Supplies associated with allowable approved exercises • 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. • 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 IPP. • 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 IPP. States must include all confirmed or planned special events in the IPP.The state or Urban Area may plan to use HSGP or UASI funding to finance training and exercise activities in preparation for those events. States and Urban Areas should also consider exercises at major venues(e.g., arenas, convention centers)that focus on evacuations, communications, and command and control. • Regional Exercises.States should also anticipate participating in at least one Regional Exercise annually. States must include all confirmed or planned special events in the IPP 57 • Rota of mom-Governmenpi Lndpos in exemirsoo, pion-governmental parklalpatlon in all levels of exercises is strongly encourogod.Leaders from nongovernmental entitles should be included In the planning,design,end evaluation of an exerolso.State,local,Vbat,and territorial jurlsdiations are onaouraged to develop exercises that test the Integratlon and use of non-governmental resources provided by non-governmental entitiea,defined as the private sector and private non-profit,faith-based,community,participation In exerdw should be cmdInalod with-the-looel•Citlzen Corps-C-punoil(s)or their equivalent-and other partner. .. _. agencies. i FOEM State Training Office condlfilons for fterofees:For the purposes of this Agreemant,any exercise which is oompliant with HSEEP standards and contained In the State of Florida(and County or Regional)IPP quasifes as an authorized wwrolse.The Su"eolplent oon successfully complete an authorized exerelsr3 either by attending ar-aondur tang that exercise. • In order to receive payrrtont for suocessfully attending an authorized worclso,the$$- Recipient shall provide the Division with a owtifloste of oompletion orslmilar correspondenoe signed by the Individual in charge of Via exercise;additionally,the Sub-Recipient shah provide the PlAlon with all receipts that document the costs Incurred by the Sub•RecipientIn order to attend the exercise, Re ipient shalt provide the Divlalon withattendees; ddltlo API 1 the C1140ol lent shah -+r—In order khe receive- etn� a euoeaess y-csnd�rctlnq-an aufiharlxodealsa ;�Ul�_.— ._.._.. _,_ Minutes and Sign-in She for rotah+ p provide the Division with all receipts that document tho costs Incurred by the Sup-ReoiplentIn order to conduct the exerdse. The;grab-Recipient shaft include wNh the relmbumemrent package a sapa►afe copy of the page(s)rfnm the&arofsa Plan WhIch lcfanttffes the parMpent sgenor w and a pifnted page(a)ftm the State(and County or Raglonoo IPP reAeot by the exerofse. • tf you require toodlwater for this event,the request shall core to the DIvialnn within 26 days prior to the event,in the fallowing format: Sxerdse 110e; i ooetIon; Exercise pate; Frciso Schedule; Estimated Nurrftr of Participants that will be fed. Estimated Cost for foodlvrater; Descriptlon of the ftera": Certain exorollso activittea require Onvironmentat Planning and Hietorta Preservation(EHP) Review,Including exorcle",drills or training that require any land,wager,or vegetation disturbance or building of temporary stmotures or that aro not located at faolildes designed to conduct graining and oxeralsoa.Pleas*reference the F.HP secttotm in the N OFO and We Agreement for more Information. K MainWaoea end-Sustainment(SHStti,UASI,and 01138G) The use of OWIFEMA preperedness grant funds for maintenance contracts,warranties, repair or replacement costs, upgrades,and user fees are allowable, as dnsorlbed in FEMA Polloy>"P 206-402. 12g-1 under all active and future grant awards,unless otherwise noted,Fxoept for maintonanov plans or extended warranties purchased Inalderital to the orlpinal purchase of the equipment,the period covered by maintenance or warranty plan shall not exceed the POP of the spealflc grant funds used to purchase the plan or warranty. ri3rant funds are intended to support the Goal by funding projects that build and sustain the Gore capabilities necessary to prevent, protect against,rnitigete the effects of, respond to,and recover i thorn two threats that pose the greatest risk to the seourfly+of the Nation.In order to provide recipients the abfilty to meet this objective,the policy get forth In FEMA's IS$79,Duldanos to State Administrative Agencies to Expedite the ExpendlWre of Certain DHSIFEMA Grant Funding, Initlallyfor FY 2007-2011,allows for the expansion of eligible maintenance and susta nment costs whloh must be in(1)direct support of existing oepablifdea; (2)must be an otherwise allowable expenditure under the sppllooble grant program;(3)be dad to one of the core capablifts In the lire mission areas contained within the Coal,and(4)shareable through the Emergency Management Assistance Compact.Additionally,eligible costs may also be in support of equipment training,and critical resources that have previously been purchased with either federal grant or any other source of funding other than OHS/FEMA preparedness grant program dollars. L. Low Enforcement Ter rorlem Prevention(LETP)Aollvllls*Allowably Cost* LEV Activities eligible for use of LETPA focused funds Include but are not limited to: MaWrollon and enhancement of designated state and major urban Area fusion centers, including Infbrrreflon sharing and analysis,threat recognition,terrorist interdiction,and Inteloanoe analysts training and salerias; I • Coordination between fusion ours and other intelligence,operstlonal,analytic,or l inveatlgative efforts including,but not Ilmksd to Joint Terrorism Task Farces(JTfFs),Field Intelligence Groups(FIGS),High lntenafty Drug Traffic ldng Areas(HIDTAs),Regional Information Sharing Systems(RIBS)Centers,orlminai intelligence units,reeklms crime snaly*ls centers and DHS Intelligence,operational,analytic,and investigative Snt ws, Regional counterterrorism training programs for small, medium,and large jurisdictions to exchange Information and discuss the current threat environment,lessons lesmed,and best practic as to help prevent,protect against,and mitigate acts of terrorism; Support for 000rdinatloo of regional full-scale training exerolses(federal,state,and locallaw enforcement parHclpatlon)focused on terrorism-related events; Law enforodment Chemical, Biological, Radiological,Nuclear,and high yield Expbslves deteoWn and response capabilities,such as bomb detection/disposal capabliilydepkryment, sustainment,or enhancement,Inoiud"canine teams,robotics platforms,and x-ray Oscfmology; - Implementation and maintenance of the Neftmide SAR Initiative,Including training forfront line personnel on Identifying and reporting suspicious activities,tipstleads, end onlinelsocial medla4x sed threats,as well as the execution and marm"m rit'of threat assessment programs to lden*,evaluate,and analyze indicators and behavlore lndlcatfve of terrorism, - targeted violence, threats to pie,and other criminal activ*; Management and operation of a*Atlee that support the exooutlan of the Intslggenoe process and fusion centers,Including but not limited to:Fuslon Liaison Of mr(FLO)programs, security programs to protect the facility,personnel,and InformWon,and the protection of prlvaoy,old dghla, and civil liberties. • Implementation of the"If You gee Something, Sexy Something"campaign tD raise puble awsrdrress of ind eaWre of terrorism and ter or aril-relatsd crime and associated eft to increase the sharing of Inicrmafion 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 OHS"if You See Something Say SomethingW campaign using grant funds work directly with the DHS Office of Partnership and I*ngagement(OPO to ensure ail publ'ro awareness matsriais(e.g.,videos,posters,tri- s,etc.)are consistent with the tOHS's messaging and Orategy for the campaign and compliant with the Initiative's trademark,which Is licensed to DHS by the New York Metropolitan Transportation Authority,Coordination with OPE,through the Campaign's Office (sewssy@hq.dhs.gov),must be facflltated by FEMA. 59 Increase physical security,through law onfomement personnel and other protective measures, by(mpplamanting preventive and protective measures at critical InfrastrU0Wr$$lte or aWsic nonproftt organizations; Development of countering violent extrsmism programs, projects,and Initlatives, addressing prevention, intervention,and diversion efrorts,Inoluding training on Miss of law enibroement and how to effectively partner with law onforcement;developing and promoting training for law Worbement exda6utWa's And fra'ntline,afftaars on potential b-shavlars and Indicators of violent extremism and how to appropridaly analyze and report them;supporting community and law enforcement engagement strategies such as table top exerolses, roundtable events,town hall meetings, and peer to peer soWitles;funcil ng ibr exisft and/or expansion of law enforcement community relations efforts, support for the development of community engagement plans,and joint projeots to increase the awareness of violent extrarnist threats and community mitigation solutlons; Building end sustaining preventive radioloplaai and nuclear tdetection capabilitles,inaluding those developed through the Securing the Gilles initiative;and Integration and interoperabillty of systems and date,such as computer aided dispatoh(OAD) and recant management systems(RM$),to faoli tefs the collection,evaluation,and assessment of suspicious activity reports,lips/leads,and online/soolal Waft-based threats. M. Low Enforcement Readiness(SHSPO UASI,and OPSQ) ®.. �..�.-" ^--�`F�1�CJ�1,oar .PSGit'f4rlti$�y"b�regaes4e�d-and-may-be-approved-an�-erase -ease- as e for Immlgrmdon enforcement training In support of the border soourity r1'►Iselon.Requests for training vvlil be evaluated on a case»by-osse basis and can only be used for oertltiaatlon In the section 287(g) program provided by 13H81100,SHSP,UASi,or CPSG Sub-Radipients with agreements under section 287(g)of the Immigration and Neilonality Aot(8 U.S.C.§1357(g))to receive delegated authority for Immigration enforoement within their Jar lsdiotlons may also be reimbursed for sedan 287(g)related opomfional activities with approval Irom FGMIA can a Cabe-by-ease basis,For CPSQ, Sub-Reolplents must be authorized by USBP Headquartors and Sectors,and operational activIves must be coordinated through s U80P Sector, OPSO grant trod,may be used to Increase opwat<onal,materiel,and technological readiness of SLTT law enforcement agencies.The Delegation of Immigration Authority,Section 297(p)of the Immigration and Nationality Act(INA) ram allows a sty or local law enforcement entity to enter nt M into a partnership with ICE,under a ja emorandum of Agreement(MOA),to recolve delegated authority icr Immigration engmement within their jurisdiodons. N. Regional Corder PMJeats(OP�id) Sub-Reciplents are encouraged to prlorfth�e lire acquisition and development of regional prcjeots on the border$to rnaximi�cs�Interoperablllty and coor+dlnation ospabliltiss among'tederelagenales and with state,local,and tribal law enforoament partners,Such regional projects Include: e CommunkWons equipment: Radio systems and rapeatere- a Integration with regional Intaftence and information sharing effort(I,e,fusionoentere) o Intelligenoe analysts * Situational Awareness aquipment, o License Plate Rooder Networica o Visual deletion and survaillance systems a Sensor Systeme o Radar Systems(for air and/or marine incursions) o Aircraft systems(manned or unmanned) 0. Critical Emergency Supplies(ONSP and UA81) Critical emergency supplies,such as sholf stable products,water,and medical equipment and supplies are an allowable expanse under SH8P and UASI.Prior to the allocation of grant funds for stockpiling purposes,each State mast have DHS/FEMNs approval of a five-year viable 60 i Inventory manaagemant plan,which should include a distribution strategy and related sustainment costs it planned grant expenditure Is over$100,000.00. if grant expenditures exceed the Ord mum threshold,the lilac-year inventory management plan will be developed by the recipient and monitored by FFMA.FEMA will provide program oversight and teohnical assistance as it relates to the purchase of Crltt W emergency supplies under UASI.FEMA►will establish guidelines and requirements for the purchase of ftW supplies under UASI and monitor development and status of the state's inventory management plan. P. Corp*Wlon and Renovation($H$P and UASQ j Project construction using SHSP and UA►81 funds shall not exceed the greater of$1,000,0W or 16%of the grant award.For the purposes of the dmbftm on funding levels,communications towers are not considered omtrvctlon. Written approval must be pmvIded by DHSJFBMA prior to the use of any HSGP funds for oonstruodon or renovation.When applying ibr onstruadoh funds,recipients shall submit evidence of lappraved zoning ordinances,amhitecturat plane,and any other locally required planning permits,Additionally,recipients arc required to submit sa 8F424C form with budget detaa citing the project coats,and an eF-42410 Form for standard assuranazes for the construction project. Roolplants using funds for cons tlon projects must comply with the Davis-Bacon Act(codified as amended at 40 U.S.C.ff 3141 at seq.). Recipients shall ensure that IN*contractors or suboontaaotars for construodon 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 subdtvlaion of the Slate In which the work is to be pwkrmed.Additional Information regarding compliance with the Davis-Bacon Act,Maluding Department of tabor(QOL)wage determinations,is avaslW*onitne at btips://vmw.dol.gov/wWgovogntacWdbm.httiL Recipients maing funds for construction,prproolacts shall also comply with the requirements set forth In the dgovernment-wide at 2 am C.F.R. 1ar<w , ter A the(full twd of which is Inco Subawards and rporated here bysaft re reference bloated at 2 . ,Appendix In the award terms and conditions. Recipients must comply with the'Build America,Buy Amedos'provisions of the Infla�ucture }- Invesbnent and Jobs Act and E.0, 14005, Recipients of an award of Federal financial assistance from a program ibr Irrirasiruob ea are hereby notified that none of to funds provided under this award may be used for a project far infrastructure unless: (1) all Iron and steel used in the project are produced In than United States-this means OR manufacturing processes,from the Initial melting step through the application of ooetMgs,004n*d In the United States; (2) all manufacturerd products used In the project are produced in the United 8tartea-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 Sd punt of the total oust of OR components of the manufactured product,unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under appHooble-law or regulation;and (3) all construction materials are manufactured In the United States-phis means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles,ma'at dals,and supplies that are consumed In,Incorporated Into,or afted to an Infraaetructnre project.As such,ti does not apply to loot$, equipment,and supplies,such as temporary soatfoiding,brought to the c onstructlon site and 61 removed at or before ft completion of the Infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,such as movable ohaire,desks,and portable oomputer equipment,that arc used at or within the finished infmotruoture projeot but are not an intagmi part of the etruoture or permanently affixed to the Infrastructure proJect. `• Q. Communlowtions'Towers {- Vftn appiyin W-funds•to-oonstruot oommunleation towers;hub-ftdolplents shall submit. _.. evidenoe thane Federal Communiaatlon Commisalon'a Seaon 108 of the National Historic Preservation Act,pub, L.No.88-00,as arnendad, review process has been completed. i R. Disposition i When original or replacement equipment, Including excepted and controllod items,acquired under 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, reguiations,or fbdearal awarding agency dispositlon Instructions,the Sub-Reolplent shall r$quast dlsposKlon Instructions from FDl'M Office of Dornestio Preparedness and the State Administrative l Agency shall request dispotrltlon instruotlons from fedora{awarding agency ae required by the terms ond i faderall ai shaft not be t »af$rra and ahe<trentaln n tho OSdwe ot$tnFSWA equipment reeatptetA r- —•--�e•�abaReclplent•shall-r�etify�c�F�M-Offioe•vt'-i�arnestl��rsparadness-at:255t3-Sfauanard�k—.--_u_..___..m_.__,m_ Blvd.,Tailahassee,Florida 32399 one(1)year in advance of the expiration of the equipments posted shelf-Ilfa or normal life expectancy or when It has boon expended.'The Sub- plant sha11 ratify the Dhvlslon immediately if the equipment is destroyed,lost,or stolen. S. Insuring the Pmtsotion of Civil Rights As the Nation works towards aohleving the National Preparedness foal, it le Important to continue to protect the civil rights of Individuals.Sub•Reciplents shall oarry out their programs and aotivltios, including those related to the building,sustainmbnt,dnd delivery of core capabilities,In a manner that rsspeats and ensures the prote don of civil rights for protected populations. Federal olvil rights statuts%such as Section 308 of the Stafford Act,Section a04 of the Rohabliitation Act of 1973,and Title VI of the Civil Rights Act of 1904,Age Discriminatlon Act,along with OHS and PEW regulations,prohibit discrimination on the basis of race,color, national origin,sex,religion,age, dleabillty,limited English proficiency,or Wnomlo status In connection with programs and aotivlties racelving federal financial assistance from FEMA. Monitoring and oversight requirements in connection with Sub-Reolptent complianos with fedprW civil rights laws are also authorized pursuar d-to 44 C,F,R hart 7. In 0000rdanaa with olvil rights laws and regulations,Sub•Reafplents shall ensure the consistent and systomatle fair,just,and Imparfial treatment of all indlvlduals,Including Individuals who belong to underserved oommunitles Mat have been denied such treatment T. National Incident Management System(Nullity)implemenfstiort(HSGP,OPOG,UASI only) NIMS provides st$Iceholdws noross the whole community with the shared voobviary,systems,and processes to owmasfully deltver the capabilities described In the National preparedness System. and Sub-Raoiplants of federal preparedness(non-dlsesteo grant swards,,luriediotlons and orgenizatioms must aohiev%or be actively working to aohiave,all of the N(MS Implementation Objectives.The objectives can qa found on the NIMSwebpage at hdps:llwww.ferna.gov!®mergenoy- manageretnims/lmplementodon-kviriing, U. FlrstNet FlratNot provides public saNty entitles with mlealon-critical broadband data capabilities and services including,but not Ilmltad to messaging,image sharing,video strdarning,group text, voice,data Storage,appiicetlon,location-based services,and Quality of Service, Prlority,and 62 : preemption, public safely moss seeldng to enhance their operational capabilities using i broadband technology may seek grant funding from appropriate programs to support the fdirnuirtg: ' - • Planning for integration of Informatlan technology(iT)InfrasWoture►,software,and site upgrades neomm to connect to FlrstNet • Handheld broadband devices Including sn*Vhones,featum phones,tablets, wearables, push4o4*(PTT)devices • Vehicle-mounted or odwrwiss field operated dents devices,such as ruggedized laptops • Network swess devices,including portable II l-FI devices,Universal Serial Bus(USS) modems/dongles,trunk-mounted modsms,routers s Ctotomer•Owned and Manged(COAM)broadband deployable squippmmentenabling public safety to own and dispatch coverage rergsansthn or capacity enhanoament equipment whin their jurlsdWon • Smadband device aooass cos that enable efficient and as%public sea"operafiona such as headsets,belt ollps,-earpleces, reacts Slustooth sensors,m9gWizedcases • Subsodw Identification Modules(SIMs)!#Jnivamal Integrated Clroult Cards(UICC9)to allow public safety usere tea update existing devices to operate an public safety prioritized servkm • One-time purohasa and subscription-based applications far public ad*use which could Include,among several otheropiions,enterprise moblllty management(EMM), mobile device management(MDm),moolle Virtual Private Network(VPN),Identity aervices,or cloud service to* Sub-Rsopients must be coordinated with the statewide Waroperabliity Coordinator(SWIC)and F WWNet on the planning, deployment timelinss, and operational avabbllity of the noMvrk depioyrt�nt within s aoiflo sty or terdbary artid th ensure V*project does not oorrfllct with netwwrf planning efforts and compiles with a� teotrnfcal requirements. FIrWat require* psrtWlparting agerroles be damarrstrabe a Subsaiptintt to public sallety0oritfaed broadband senrkxrs to purchase FNet broadband dsvic�s cr applbations.Sub-ReOlplertts MtASt oaordinate with Flndt+let in edvertce of any stretegia acquisition of broadband L.TE equipment to w*ura that purchases adhere to all sppNcable standards for public safet y entmes. V. SAFECOM All Sub•Reolplerris using preparedness grant funding to support ennergency communications systems and equipment must meet applicable SAFECOM Guldarw.Sub-Raoiplents must be coordinated with the SWIG and the Stata inteMPersbility Qoveming Body(81013)bo ensure i Inberoperabillty and longterm coMpadbildy. W. Cyberssauft Sub-Redpienth must use H8GP funds for cybomecurtty prolecibS that support the seourhy and functioning of critical infrastructure and oore capabilities as they r+alate to preventingg,preparing for,protecting against,or responding to act of terrorism.Sut.Reolplents of FY 20 3 HSGP grant swards will be required to complete the 2022 Nationwide Cyberseoutity Review(NCSR), enabling agencies to benchmark and measure progmas of lmproving their cybersecurlty posture, The NCSR Is an annual requtrsment and Sub-Recipients mast complete tho fimt avellable NCSR offered sitar this subaward has been Issued. X. Procurement Tugs purpose of the proomment process is to ensure a fair and reasonable prloe is paid for the servlo"provided.A8 procurement transactions shall be conducted in a manager providing full and open oompetition and shall comply with the standards articulated In: o 2 C.F.R.Part 200; 0 Chapter 287,Ftorfds Statues;and, • Sub-F;sclplenfe local procurement policy. 63 To the extent that one standard Is more stringent than another,the Sub-Asolplsnt shall follow he more stdngent standard. For example, if a state statute Imposes a strloter requirement then e federal regulation,then the Sub-Roolplent shall adhere to the-requirements of the state statute. The State of Florida prwcuremant policy and procedure Is as follows., --lhali ba oarridd.out using and p jm—hasing practices whichmay Include ' 2 to$2,400 caerttlflaatbn o " itfien or tells h ns cralea .� U ,60p but lees Submif summary of 2(min mMum)written quotes,signed by the vendor than 36t?i}D re IsMalfve. For vendors not on$To;submit documentation of Inviiatlon to Old $3<t,Q00, PIM-9s(ITT), Bequest&Pro poEt l ff P)or intent to Ne date j! All Sole Souroa FOEM pr"pproval Is mired Alternative _ Commodidso or Services ovailable to he Stale via outside contract Contraot Source vehicle.A oopy of the executed contract shall be submitted along with ad 1;ftnl riuotss If 98 70 or GSA Normal Compotive Solleltoons,.$36,000 and above and not available on STO Inoluds _trep�es a-5oppe�of Work that all statutory mat irements and formal meat�or pdubllaation m __........w_......... . propesaes.S►,rbrecipients shall submit h r eubsegaent vartdor selection documan#atiort for approval prior to InMiAing eny work. The Division shall review the solloitatlon and provide comments,if any,to the Sub,fteciplent. Consistent with 2 C.F.R.§200.326,the i3lvislon shall review the solloltation for compliance with the proouroment standards outlined In 2 C.F.R.§200,818 through 206.827 as well as Appendix:II 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 of4he Sub-Reolpient.While the Sub-Redplent does not need the approval of the Division in order to publish a competithro sollobtion,this review may allow the Division to ldentll y deflalencles in he vendor requirements or In the opmmodity or service specihcatior►s, The Division's review and comments shall not constitute an approval of the sollollation, Regardless of the Division's review,the Sub-Rsciplent remains bound by all applicable laws, then the Division shall communicate hose ment terms. If deficlenales to the Sub-Reolplent as qulcldy asb review the Division Identifles any es, Possible. If the Sub-Recipient publishes a competiove solicitation after rwelving comments from the Olvlolon that the solicllatlan Is deficient,then the Division may, 0 "criminate this Agreement Ih amrdanoe with the provisions outlined In paragraph (17)above;and, 0 Refuse to reimburse he Sub-Realpient for any costs assocl9ted with that solicitation. mples,of when to use each method; 1nYl I tom-; Procurement by sealed bidding Is a method whom bids are publicly sollolted through formal advartlein ,It is when a Sub-Racipient can establish preclse speOlfioattions for a commodity or service defining,with specificity,as further outlined In tt►e scope of work. Under this procurement method,the solicitation document used is known as the ITS.Sealed bidding is often utgized when the Sub-Reolplenft requirements are known and spec fio in detall. 64 The sealed bid method Is the preferred method for procuring con$truction services and Is appropriate when the follavring conditions we present: ❑ Complete,adequate,and realistic speolfloations or purchase descrtptionsare available; ❑ Two or'more responsible bidders are wllltng and able to oompwa sINctively forthe business; The Sub-Redplent primarily selects the successful bidder based on price.This Irmiudes the price- related faotors included within the sololtation.Other than the responsibility determination,the Sub4Rr3olpfent shell not select a contractor on the balls of no"dos-related factors, Sub-Recipients shall pubkly advertlae the r M.The precM manner of advettleing depends upon the laicto and atrournstances of the procurement,sub eot to any applicable state,local,and/or tribal requlrerrernts, Pub-Recipients shall solicit bids ffOm an adequate number of known suppliers.The regulation does not provide speollo guldanoe reprdfng the method for soliciting additional ON or what oonstitutes 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,w4or federal requirements.The general requirements for an ITS are as follows: El The ITS shall define the Items or services Including any s;peclfioatiarts and pertlnent attaohments so potential bidders cart property+respond, ❑ The subrec ipiant small provide pobsntlal bidders sufticlent time to prepare endsu" bids prior to the date set for bkf opening. ❑ All bids shall be opened at the date,time,and location established In the ITB. CI Af*the ofNolal bid opening procedures are completed,the subreofplent shall award a contract to the lowest prkA bid provided by a responslvs and responsible bidder.If spedfled In the bkkting docurnen*the subrsviplent may cwrialder discounts, transportation costs,and 11%oyole costs to determine which bid Is the lowest. If using the Sealed Bidding method of procurement the subr8dplent shall document the procurement histor b care not limited s circumstances under which a subredplent may reject an ivd id bid h ❑ The bid falls to conform to the essential requirements or applicable spedfmattansas - outlined In the ITS; ❑ The bld falls to conform to the delivery schedule as outlined in the 1TB; Q The bid Imposes conditions that would modify the requirements as outlined In the ITS; ❑ The Sub-Redplent determines that the bid p to Is unreasonable; C] The bid Is submitted by a suspended or debarred vendor;and/or ❑ A bidder falls to famish a bid guarantee when such a guarantee is required. The conbW should then be sworded to the responsible and responsive vendor who submits the lowest re"atve bid,The Subreolplent shall 6190 provide a Justification fetter to the Division i supporting their selection. SOM0E far.Pr pffig: Under this procurement method,the solicit otlon document used Is also known as the RFP.Proposals are an acceptable method of procurement when the nature of the procurement does not lend Itself to sealed bidding and when a oost-irairr�ursement contract Is appropriate,Through this proaoss,vendors can compete on a cost basis for Ike Items or services.The request for proposals method of procurement is an acceptable method of procurement,where non-state entitles cannot best the oonbvM award exclusively an price or 65 pricesrelated faotors due to the nature of the service or property to be acquired. Simply put,the Sub»Reolplant can desoxlbe what it wants to aoow*leh but the methods or rneane to aaoompOsh the desired outcome cannot be easily defined.An RFP is appropdW when the following oonditfons are present: Q The Sub-Reciplent cannot base the oonhmt award exoluslvely on price or price- ®_._ .-. .related factore due toe-ti°re natureor the service or property to be oao qulreai; © The requiremonts are less definitive,more clevelopment work Is required,or there is a grater risk of performance; © Technical capability,past performanos,and prior experience considerations play a dominant role In source selection;and/or Q Separate discussions with indivlduel offerors are expected to be necessary after they have submitted proposals.This is a key distinction from the sealed bidding method of procurement whom cilimeslons with Individual bidders are prohibited and the contract shall be awarded based on price and price-related factors alarm. °s The Sub4teciptont shall publicize their i FPS The manner of the adwarfislng depends upon the tams and circumstances of the procuremarst,subject to state,local,and/or tribal requirements. Within the advertisement,the Sub�Rsclplant shall identify all evaluation factors and their relative imrwrtans�..lba i g pr9 s sev l Qoilsidemlons _ ❑ Ths evaluation factors for a speolflc procurement should reflect the subjebtmattsr and elements that are most important to the Sub-Reolplent. 0 The evaluation factors may Include such things as toohnical design,technical approach,length of delivery schedules,past performance,and quality of proposed personnel, Gi The Sub-Roolplent may use any one or a combinadon of some selection approaches as permitted under slots,local,and/or tribal laws, regulations,and pmoodums,andapproaches will often dltfer based on the relative importance of prim or cost for the procurement if permitted by the Sub-Recipient,written procurement procedures, and applicable state,Iocal,and/or tribal law,the Sub-Recipient may award a contract to the offeror whose proposal offers the"bast voslue"to the Sub-Reclpient.The solicitation shall also Inform potential offerors that the award shall be made on a"best value"bests, which should Include a statement that the Sub-tec iplent reserves the right to award the oontract to other than the lowest deed ofllarror. © The RFP shall identify evaluation factors and their relative Importance;however, they need not disclose numerical or peroentage ratings or weights. lytic proms, © evaluationFEMA does not require t the factors shvA sum the purposes of the grant orolflo evaluation factors or &cooperativeagreuement. The Sub-Recipient shall consider any response to a publicized request for proposals to the maAmum extant practical.In addition to pubtiolt the request for proposals,non-ebb arttittes shall solicit proposals from an adequate number of offerors, providing them with sulliciwrt response time before the date set for the receipt of proposals.DetenWning an adequate number of sources shall depend upon the facts and circumstances of the procurement,subject to relevant state, ;coal,and/or tribal requirements. The sub-Reolplent shall have a written mood far conducting their toohnfoal evaluatlons of the proposals recelved and thr selecting offerors.Man evaluating proposals, FM expects the Sub.-Reolplent to corurlder all evaluation factors speciflad In its solicitation doouments and evaluate offers only on the evaluation factors included in the sollcltetion documents.A Sub- Recipient shall not modlfy Its evaluation faorars after proposals have been submitted without re- opening the soliftbon.In awarding a c ontraot that will Include options,FSMA expects the Sub- Recipient to evaluate proposals for any option quantifies or periods contained In the solicitation If It intends to exeroise those options after the oontract Is awarded. 66 The contract shag be awarded to the responsible offeror whose proposal Is must advantageous to the program with price and other Factors considered. 1 Igglolgo 12 Wa fle If the SubAsolplent has determined that an ITO or an RIPP 41 not result In the best value,the Sub-Roolplent may procure commodities and oontraotual services using the ITN prooess.The procurement file shah be documented to support why an 17E and a RFP will not result In beet value(287,087(1)(c), i+lorlda Statutes). Contracts that exceed$1 millon require a ftrids CartMed Contract Negotiator.Contracts more than;$10 million In any fiscal year,requires a Project Management Professional on the team. Formal arnnpeelve sollottation postings or publication an an organkedon`s webelte wlq not bo ac"ptett as it dba*Uragas true competition.Effective FY2023 such postings must be via a pubno fbrum for example the Fl AO Administrative Registry,[coal newspaper, etc. The Division shall pre-approve all scopes of work for projects funded under this agreement.Also, to recelve reimbursement*om the Division,the Sub-Reelplent must provide the Division with a auspenslon and debarment form for each vendor that performed work under the agreement.Furthermors,If requested by the Division,the Sub.Recipient shall provide copies of ' solicitation documents Including responses and justiftoaton of vendor selection. Contracts may Include: Sfate'T'enrn Contract:A State Term Contract Is a contract that Is rrompetitvety procured by the Division of State Purchasing for selected products and services for use by agencies and elgible users.Florida agencies and eligible users may use a request for quote to obtain written pftng or servioss Information from a state term contact vendor for commodities or contractual services avallable►On a state term contrast from that vendor,Use of state term contracts Is mandatory for Florida mglemles In accordance with section 287.066,Florlds Statuta. A temate Contract Source:An Alternate Contract Source Is ai contract let by a WOW,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,br use by one or all Florida agencies for purchases,without the requirement of competitive procurement. Alternate contract sodroas are authorized by subsection 207.442(16),Florida Statutes,as Implemented by Rule 60A-1.046, Florida Administm#ve Code. General Sw 4m AdminIeWtion Schedules:The General Services Admirktrabon(GSA)Is an Independent agency of the United States eovemmmnt.States,tribes,and local governments,and any instrum"lity thereof(such as local education agendes or Instltutlone.of higher education) may participate In the GSA Cooperativq Puretwing Program.). Refer to the appropriate GSA Schedule for additional mqulremhents. Y. Piggy M"a The prectice 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 8ub- Recipleffs written procurement policy"D be submitted to the Division and shall allow for piggybacking.The existing oontm t shell contain langgage or other legal authority authorizing third parties to make purchases from the ocntract with the vendor's consent.The tons and conditions of tho new contract,including the Scope of Work,shall be substarntlally 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 Su"e►1plent shall not use the preexisting Contract merely as a"basis to begin negotlatione for a broader or n>abrially different contract 67 Section 210.971,Florida StWes Statutory changes enacted by the Legislature Impose additional requirements on grant and Sub. Realpiant agreements funded with federal or state ftnAncial aselstonc e.Section 210.971(1) 8t�t88: An agency agreament that provides slue financial assistance to+a fteelpiaht or Sub-Roofplent,as - --ltio e'keitns a�a def►n'ed ift'soci?an216;97,Florida Statutes;or that•provides•fedeml finanolal assistance to a Sub•Raciplent,as defined by applicable United States Mice of Management and Budget olroulars,shall include all of the following: A provision speGifYIng a Scope of Work that olearly establishes the tasks thatthe Roolplent or Sub• eolplont Is required to perform, « A provision dividing the agreement Into quantifiable unite of deilverables that shall be received and eooepted In writing by the agency before payment.9a0h deliverable shall be directly related to the$cope of Work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable, s A provision specifying the financial consequences that apply if the eaiplent or Sub. ........................._m. _..-._... ..........-_......., _ .....—Rolppfentall�taparfatm�he minims�rnle�i- l­ imd foY the scree. mant,The provision can be excluded from the agreement only if financial consequences am prohlblted by the federal agency awarding the grant. Funds refunded to a state agency from a t�sciplent or Subrkeclplent for failure to perform as required under the agreement may be expended only In dirsot support of the program from which the agreement originated. A provision specifying that a Recipient or$0-Reoiplant of federal or state financial ss:alstance may expend funds only for allowable costs resulting from obllgations incurred during the speoltled agreement period, • A provision specifying that any balance of unobltgated funds which has bean sdvancedor paid shall be refunded to the state agency. « A provision specifying that any funds poll in excess of the amount to which the Recipient or 5ub•Reciplent is entitled under the terms and oonditions of the agreement shall be refunded to the state agency. Any addltlooal Information required pursuant to o.216,07. x, unallowable Procurement,Practlaos Noncompetitive Prloing Praodoes;Nonoompetitve pricing prootloes between firms or betwom affiliated companies are prohibited. Bubreciylents shall undertake reasonable efforts to ensure that prospective vendors have not engaged In nonoompetfilve pricing praictiass when responding to a sollotatlon,and that they themselves have not when soliciting vondors.If noncompetitive pVlotng practices are Identified,tho activity shall be reported to the plvislon, $slow are common noncompetitive pricing pras: a Old MpIng,Occurs when conspiring competitors raise prices under a process where a purchaser acquires goods or services by soliciting competing bids.Oompetitare agree in advanca,who will submit the lowest priced or winning bid on a oontraot, Bid rigging takesmany forms,but conspiracies usually fall into one or more of the following categories; bid suppression, complementary bidding,and bid rotation. • Bid suppression:Where one or more oompstitdr(s),who oftrwise would be expected tobld orwho have previously bid,agree to refrain from bidding orwithdraw a previously submitted bid so that the designated winning competitor's bid will be accepted. 68 i • Comf*rnontary bidding:Also Known as"cover'or"courtesy'bidding,occurs when some oompetit m agme to submit bids that are either too high to be socepted or ow tatn special terms that will not be acceptable to the buyer.Such bids are not untended to secure the buyer's acceptance but are merely designed to give the appearance of genuine competitive bidding while moNtig the designated vArtning cmmWtoes bid appear most attractive. Gomptementary balding**homes one a frequent form of bid doing.They defYraud purchasers by creating the appearanoe of competition to conceal secretly Inflated ptl s t Did ratatlon.A schema where all conspirators submit bloc but take turns being the lowest bidder.The terms of the rotation may very.For example,competitors may take turns on acts s000rding to the size of the contract,alloohng equal amounts to each conspirator, or allocating volumes that correspond to the size of each conspirator company, 7.1 Unique Entity IdentlBer and$ystem for Awakd Manogement(SAM) Sub-Redplants for this award shall; ' s Be registered In SAM; a Provide a vdd UEID/SAM number,and Continue to maintain on active IJEI with current information stall thmos during which it has an active federal award, Z.2 Reporting Requirements 1. Quarterly Pr'ogmmmatic Reporting: The Quarterly Programmatic Report Is due within thirty(30)days after the end of the reporting periods(March$1,June 30,September 30,and December 31)for the fife of this contract. a If a reporks)to delinquent,future Anandal reimbursements shall be withheld untllthe Sub-Reo(pfent's reporting Is current, e If a report goes three(3)oonsecutive quarter*from date of exeoullon without the Sub- Radplent roffecting any activity and/or expenditures It shall remit In the Issuance of a nonoompliance letter,and a written Jusffluflon shall then be provided. o Based on the Division's determinatlon,the Sub-Reolpleni*hall have thirty(30) days to submit a letter of appeal to the Division. o Sub-Reolplents shall only be showed one opportunity to appeal. o It the appeal Is denied,or If there Is no respon"td the notification of nonoomplianos,the Sub-Recip(ent's funds shall be terminated. e if a report goes four(4)consecutive,quarters from date of execution without the Sub- Reoiplont reflecting arry activity and/or expsnditures, It shall result in termination of the agreement. Re In Period Re r dueto PDHMA no lafsrtban Janua, 1 through March 31 + ail 30 A nl 1 throu h June,30 July 31 Jui 1 tilrorr' h S tember 30 October 311 October I throe h December 31 Janus 31 2. Programmatia Reporting-Biannual G&a%glc Impkwwrfttlon Report(01111): After the end of each reporting period,for the Ilia of the contract unless directed otherwise,the S AA,whi oomplete the Biannual Strstegio Implent ntatlon Repot In the G mts Reporting Tool 69 (ORT)https:/twww.repoMng.odp.dhe.gov.The reporting periods are January 1-June 30 and July 14Dec ember 31.Data entry Is scheduled for December t and June 1 respectively.Future awards and reimbursement may be withheld If these reports are delinquent. 3. Reimbursement Requests: A"oat for reimbursement may be sent to your grant mansger for review and approval at any _.. . _ .*n6 durlhg the'o in-b`aoT period. Urhburseinents shall Ni PegUested Within rilnety(90)calendar- days of expendlture of funds,and quarterly ate minimum.Failurre to submit requeat for reimbursement wlthIn ninety(90)calendar days of expenditure shall result In denial of ralm4mement.The Sub Redpient should Include the categor Is corresponding iinswttem number In the'Detail of ClatrW form.This number can be found In the"Pt+oposed program Dudget°.A ilnerftsm number is too be included for every dollar amount listed In the"Detail of dims'farm, 4, Cioere-out Progrrammatlo Reporting; The Claw-out Report Is due to the Florida Division of I=rr"eroy Management no later then sixty (60)calendar days after the agreement is slitter completed or the agreement has expired. & Admink trative Closeout An administrative closeout may be conducted when a recipient Is not rresponsive to the Division's reasonable efforts to oolkd required reports,fomm,or other documentation needed to c ompiste ._._._._.� . ®.------��stan�arcl'awaitil aiidfor aTasAout process.'fie DCvieTon s�iell rime tF�ree(3�written dttl�rfrp�s to_. _ _ _ ._. .__. collect required Information before IniMeting an administrative closeout If an award is administretively closed,the Dtvislon msy decide to impose rmmadles for noncomplienod per 2 C.F.R.§200.339,oorarlder this infbrmadon in reviewing future award applications,or apply special condhlons to existing or future awards. 43. Period of P®rfonnance(POP)Extensions An extension to the period of performance Identified In the agreement Is allowable underllmited ciroumatanoes and shelf only be considered through formal,written requests to the Division.All expansion m4usals shall oontaln spedift and corpeling jrxriifloadons as to why an extension to required,and shall address the following: i. The grant program,fiscal year,and agreement number, 3. Reason for the delay--Ineluding details of ilea legal,policy,or operational challenges that prevent ire final expenditure of awarded funds by the deadline; 3. Current status of project activity; 4, Requested POP termination date and new project oomptetinn dates; 6. Amount of funds reimbursed to data; B. Remaining available funds; 7. Budget otrtilnlng how the remaining funds shall.be expended; 8, plan for completion,Including milestones and dm6frames for achieving each milestone and the pasklon or person responsible for Implementing the plan for completion;and 9. CaMliostion that the acthrity(les)shall be completed wlthir►the exlsnded POP without any modification to the original statement of work,as desortbed In the Investment Justification andes approved by FEMA. gxtenslon requests are typloaliy granted for no more than a six(6)rnonth period,and shall be granted only due bD compelling legal,policy,or operational challenges.ixtension requests shall only be considered for the following reasons: « Contractual commitments by the redplent of Sub-Raoiplsnt with vendors prevent completion of the project within the existing POP; The project Shall undergo a complex environmental review that cannot bo completed within the existing POP; 70 • ProWe are long4orm by design,and therefore aacelem Edon would compromisecore ` programmatio goals;or • More other special or extsnuating clrcumsiances exist. Sabruclpient's attaU be limited to one(1)extenslon over the grant period of performance. OxOnalon requests shall not be considered WKhln the last one hundrmd eighty(18%days of the grant period of perfonuance. ZA, Programmatic Point of Contact Contmotual Paint of contact Progratnmetic point of 00160t Chanda Jmnklnd Kizzy K,Ceban 2555 Shumard Oak Blvd. 2566 Shumerd Oak Blvd. Yollahaaaes,FL$230.2100 Tsliahassee,FL 328si'9-2100 (860)815-1342 850)8164348 CClhanda.JmWne em �,abm .Caban m, orlda.com Z.5. ConovAust Responelbilides The FDEM shall determine eligibility of projects and approve changes In Scapa of Work. + The POEM shall administer the financial prnossM. i Z.B. Failure to comply Failure to comply with any of the provisions outlined above shall result In dlsallowsnc,�of reimbursement for expenditures. (Remainder of page Intentlonaliy left blenij 71 A'1<TACHMeNT C pEL,111ERABLL8 AND PERFORMANCE ftts Homeland Security Program(HSGP): HSGP supports the Implementation of risk driven, capabillftea-based State Homeland Security Strategist to address capability targets set In urban Area, _.State,and regional Threat and.H C.d.WwWflaaklon.and I Isk l�s psmenta('f1.111 ).1'hs Capability levels are assessed in the State Preparedness Report(SPR)and lnfarm planri6g,•orgahliatfon,. equipmr,trainlnp,and exerolse reeds to prevent, protectagalnat,mitigate, respond to,and recover from sots of terrorism and other catastrophic events, Planning 0*11verable:Subject to the funding limitat ono of this Agreerron%the Division shall reimbume the Sul-Realplant for the actual cost of swoessfuliy compieting pllanning ertiviges consistent with the guidelines con%lned in the Comprehensive Preparedness guide M 101 v.2. For additional information,plosse see httpsl w N.feats,govlernergency-menagerolneflonal preperednesalplan or grant guidance(Afatlae of Funding Opportunity). For the purposes of this Agreement, any planning wilvitysuoh as those assadated with the Threat and Hazard Identificeaon and Disk Maly&(THIRA),State preparedness f'�aport(SpR),and other planning aclftiritiea that support fine National i?reparsdness C3oal (NPC�)and place an emphasis on upd�Vng and malr�taining is current Enjsrgency Operatlans Dian(EOP) are G) Ibis.'i'he Sub�Fteoiplent can sussfullycompletea planniupdating-euch-plans).- � ... ...__._.___ organixatlio n i:Delivarable;Subject to the funding limitations of this Agreemenk the,rAvlsion shall reimburse the Sub-Reolplent for the actual eligible costa for Personnel,Intelligarme Analysts,Overtime and Operational Overtime. gxerolee poiiverable:Subject to the funding limitations ofthis Agreement,the Division shall reimburse the Sub�Reofpiont for the actual oost of suorasafuily 00M MetIng an exerolse which meets the 0ep0rbnent of Homeland Security homeland Security Exercise and Evaluation Program(HSEEP)standards and Is listed In A)the Stets of Florida IPP,and 8)County or Regfonai.TV for the replmi in W*h the Sub- Reolpient Is geographically located. InformStion related to TEPs and HSEEP compliance can be found online at: For the purposes of this Agrooment,any exercise whtoh is compliant with HSEEP standards and ophtolned in the :3tete of Florida IPP quallfles as an authorized exerolse.The Sub-Reolplent can sucoassfutly complete an authorized exerolss either by attending,or oonduoting that exercise. Training peilVsrabie:Subject to the funding limitations of this Agreement,the Division shell r zmburse the Sub•Reclplent for the actual cast of 000008ttrliy completing a training course listed on the Department of Homeland Security(OHS)approved oourse catalog. For non-Dit$approved Wurses the Sub-Reoiplent shall obtain advance FDEM approval usktg the Non-TED form by oorrtaoting their grant manager.The DHs cou ggrse catalog Is available online at:http:/ftIning.ferrra.gov/.For the purposes ofthis course.The SlibAsolpient can arse iuted onccessfu ly complehe DHS te an uthorlxad ooursroved courts �e qualifies by attending or conducting that-coumt. Equipment0011verablei Subject to the funding bmitatlons of this Agreement,the Division shall reimburse the Sub-Reciplant for the actual coat of purchasing an Item Identtfled In the approved projoat funding tampl8te and budget of this agreement and listed tier the t7#�8 Authorized Equlprnent List(AEI,).For the purposes of this Agreement,any item listed on the AI"l.quaiiges as an outharized ltnm,The 21 allowable prevention, protection,mitlgatfon,responsQ, and recovery equipment categories and equipment standards far H5t3f'are listscl cn thr�web-based Version of the Authorized Equipment List(AM)on the t_eesona Learned Information System at http.1/www,ron . otidauthorized-equipment-list.In addition, agoarwles shalt bA responalbie for obtaining and maintaining ail necessary wtlHcatfons and licensee for the requested aqulpmont. 72 i Management deliverable:Subject to the funding limitations of this Agreement,the Division shall reimburse the Sub-Recolent far the actual cost for Management and AdminIsMon(M$A)activttles. costa for allowable Items shall be rolmbumad H Incurred"completed within the period of pedformd0nas,In accordance with the RudOO and scope of Work,Attachments A and 0 of this agreement, lRemainder of page Intentionally left:blaniq i I i 73 ATTACHMENT program Stag and Rogulatione 1) Age Disorlmination Act of 1974 42 U.S.C.§6101 et seq. 2) Americans Wth Disabilities Act of 1900 42 U.S.C.§12101-12213 _...___.. 3...) Ghaptor.473,.E 4) Chapter 218, E 5) Chapter252, Florida 6t_atut�a 6) Title Vl of the Civil Rights A+ot of 1 R4 42 U.S.C.§2000 et seq. Title Vlll of the Civti Rights Acts of 108 42 U.S.C.§3601 at sea. IS Copyright notice 17 U.S.C,§§401 or 402 g) Assurandw,Administrative Requirements;Cost Prinolples, Reprosentatlons and Cormostions 2 C.F.M part 200 10) Debarment and S uapenelon l xeouthrs Crdsre 12549 end 12689 11) Drug Free Waftlaos Act of 1988 41 U.S.C.§701 at seq. 13� t)upliaatlon of BeneNts 2 C.F.R.Part 200,Subpart E 1 Energy Polley and Conservation Act 42 U,S.C,§6201 at seq. 14) False Claims Act and Program Fraud Ctvli Remedies 31 U.S.C.§37294738 also 31 S801-3812 Act f 1974 49 U.S.C.4 41102 also 49 U.S.C.1401s 18) Motel and Motel Fire Sa%ty Act of 1900 4 GXS.C.§22260 17) Lobbying Prohibitions$1 (J.S.C.§1362 18) Patents and intellectual Prerty op Rights 38 U.S.C.§200 9tq. 1$) i�rocuremont of Reeaver°ed Materials section 6002 of Solid Waste UIsPoBal Act 20) Terrorist financing Exebutive Order 192Z,4 21) Title IX of the Education Amendments of 1072(Equal Opportunity In Education Act)20 U.S.C.§ 1681 st seq. 22 TrafOoking Vlctlms Protection Act of 2000 22 U.S.C.§7104 23� Rehabilltatton Aet of 1073 Section 504,29 U.S.C,§794 24 USA Patriot Act of 2001 18 U.S.C,§176-172o 26) Whlstleblower Protection Act 10 U.S,C,§2409,41 US,C.§4712,and 10 U,S.G.5 2324,41 U,S,C.§4504 and§4310 26) 63 Fedeml Register 8034 27) Rule Chapters 27P-0,27P-11,and 27P-19, Fkxida Ad mintstrative Code 28 Section 207,130, Florida Statutes 29� Pubpa Trust and Public SO*Executive order 14074 i 74 ATTACHMENT E JUSTIFICATION OF ADVANC)f PAYMENT $US-RECIPIENT: Requests for an advance shall be submitted at the time of agreement execution or approval of the EHP, 9 required.If you are rsquesting an advance,Indloets same by olte kloq the box baiow ]ADVANCE REQUESTED(Maximum request amount may not exceed flfty percent.) Advance payment of$ ., s requested.Balance of payments wlii be made on a reimbumenrent basis.This advance wi lbe used on equipment speolfio projeots within the budget of the agreemed We Would not be able to operate the program without this advance. you are requesting an advanoa,complete tho following chart and itne4tem Juadflaallon below. >n sot D to con�e un ampUse -11,jM13GAMS(For each line Item,provide a detailed jusflflamtlon oWalaing the need for the cash advance.The justlficatlon shall Include supporting documentation that clearly shows the advance shalt be expended within the first ninety(90)dsys of tho contract tern or approval of the EHP,it required.Support ' documentation should Include but Is not U mited to the following:quotes for purchases,delivery timelines, Wary and expense projeotlans,eta to provide the DMWM reasonabla and necessary juatltication.Any advance funds not expended wlthlrl the specified tlmefrante shall be returned to the Division Cashier,2006 Shumard Oats Boulevard,Tallahassee,Florida 32399,within thirty(30)days,along with any Interest earned on the advance) "REQU+E37B FOR A0VANCE PAYMgN7'S SHALL BB CONSIDERED ON A CAS"Y•CASE BASIS* **EHp SHALL as COMPLETED AND APPROVED 19Y FEMA PNOR TO ADVANCE*" Signature of Sub-teelplent Date; Name and Title of Sub-IZaarplerrt 7S ATTACHMENT F WARRANTIES AND ROPROSENTATIONS Eglel management The Sub-Reoiplant's bnonoial management systam shall comply with 2 D.F.R. §200,302. Any procurement undertaken with funds authorized by this Agreement shall comply with the requirements of 2 C.F.R.§200,Part D—Post Federal Award Requlremsnis-TProcurement Standarde(2 C.F.R.§§ 200.318 through 200.327). n2a b The Sula~Reolpieht shall have Its ofFtoe►s open for.business,with the enhance door open to the public, and at least one employee on site,from: �.�..�..___.--Mvndq-lo�rklay-fVwn►�'a�m-ta����n..—_ —._. All subcontracbare or employees hired by the Sub-Redplent shall have all current Iboenses and permits required for the partbouler work for which they are hired by the Sub-Realpisnt. [Remainder of page Intefiftnally left bianlll 76 ATTACHMENT 0 CERTIFICATION REGARDING DEMARftilEtdt',SUSPENSION,INELIGIEIL.ITY AND VOLUNTARY EXCLUSION Subcontractor Cowered Transactions The prospective subcontractor, ,of the Sub-Raafplent ceriffles,by submission of this document,that neither ri, Its principals,nor Its of hates are presently debarred,suspended,proposed fbr deparmmnt,deolared Ineligible,voluntarily excluded,or i disqualified from participation In this transaodon by any federal department or egenoy. SUs• ONYRACTOM By-� Signature Sub-Reaiplent's Nam Name and Tide (~OEM Agreement Number street Address city,SWW,Zip I 77 ATTACHMENT H STATEMENT OF ASSURAsNCOS All of the Instructions, guldanos,limitations,and other conditions set forth In the Notice of Funding opportunity(N©170)for this program are Incorporated here by references in the terms and conditions of your award.All Sub•Roolplonte shall comply with any such requirernants set forth In the program NOFO. All Sub,Reoipients whore Iva 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 some purpose through non-federal sources. All 80-t7aolpients shall acknowledge their use of fademl funding when issuing statement$,press releases,requests for proposals, bid Invitations,and other documents describing projects or programs funded In whbkl or In part with federal funds. Any Cost allocable to a particular federal award provided for In 2 CY R. Pent 200, Subpart 15-shell not be charged to other federal swards to overoome fund deficiencies,to avold re*lotions Imposed by federal statutes,regr,rlatlons,or terms and oonditions of the federal awards,or for other reasons.However,this prohibition world not preclude a Sub-Roslplent from shlding costs that are allowable under two or more federal awards innssrt000 dence with existing federal ttaitutes,regulations,or the terms and conditions of the Sub-Raolplonts am required to comply wAh the requirement's set forth In the govemmenkwtde Award Torm regarding the Syatem for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part26,Appendix A, the full text of which Incorporated here by referanoe In the terms and conditions of your award. Ail SubReclpisants shall ooknowledge and agree to comply with applicable provisions governing DHS amass to records,accounts,documents,Information,facilities, and s3tW, t, Sub-Rociptent shall cooperate with any compliance review or compliant investigation conducted by the State Administrative Agency or DHS. a. Sub-iwlplent shall give the State Administrative Agency,DHS or through any authorized represontative,access to and the right to examine and copy,records,accounts,and other documents and sources of information related to the federal fnanolal assistance award and permit access to facilities, personnel,and other Individuals and thfcametipn as may beneosseary, as mquirod by DHS regulations and other applicable laws or program guidance, 3, Sub-Reolplent shall submit tllrmely,complete, and accurate reports to the Division and malntaln apprsapristo backup dooumentsation to support the-reports.Sub•Itecipiente shall also complywtth all other special reporting,data collaction and evaluation requirements,as pres;orfbod by law or detailed In program guidance. 4. Sub-1 eolplont small acknowledge their use of federal funding when Issuing statements,press raloases,requests for proposals,bid Invitations,and other documents desoribing projects or programs funded in whole or In part with federal funds. li, Cub-Reclplant who reoelves awardsmade under programsthat provide emergency communications equipment and Its related aotivities3 shall oompty with SAFECOM®uidance for : 15merConcy Communications Grants,inckrding provisions on technical standnrda that sansureand enhance Interopersmble communloatlons. S. -When orlglnal or replacement equipment soguired under this award by the Sub-Roolplent Is no longer needed for the original project or program or for other activities currently or previously r 78 f supported by DHS/FEMA,you shot]request Instructions from the Division to nuke proper disposition of the equipment pura"t to 2 C.F.R.§200.313, 7. DHS/FEMA funded actIvilles 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. Fallure to obtain all appropriate federal,state,and local environmental permits and cleamnoes may jeopardize federal fonding, If ground disturbing activities occur during construction,applicant shall monitor ground disturbance,and It any potential archeological resources are discovered,applicant shall immedlately cease work In that area and notify the pass-Through entity,tf applicable,and DHS/F5MA. S. Sub-Reciplents are required to comply with the Built America,Buy America Act(BABAA), which was enacted as part of the Infrastruoture Investment and Jobs Act Sections 70901- 70927,Pub.L.No. 117-58(2021);and Executive Order 14005,Ensuring the Future Is Maftin All of America by All of America's Workers. 9. Sub-Recipient shall comply with the applc*ble provisions of the following laws And policies prohtbilIng discrimination: a. Title VI of the Chill Rights Act of 1964, as amended,which prohibits dlscrlminationbased on race,color,or national origin(Inoluding limited English proficiency), b, Section 604 of the RehablIltation Act of 1973,as amended,which prohlbitsdisorlmination posed on dleabiity. a. Title IX of the Education Amendments Aot of 1972,as amended,which prohibits dlsorimination based on sex In education programs or activities. d, Age Discrimination Act of 1978,whloh prohibits discrimination based on age. e, U.S.Department of Homeland Security regulation 6 C.F.K.Part 19,which prohibits discrimination bossed on rellglon In social service programs, (Remainder of page Intentionally left blanlq 79 ATTACHMENT MANDATORY CONTRACT PROV131ONS Provisions: Any contract or subcontract funded by this Agreement shall contain the sppliooble provisions outlined in °°Appendxi TFW 2 CF:I-P-d'it 200,*ft iMe roWnb101Illy of the aSul-kaalplbnt•to Include-the,required. provisions,The following Is a list of sample provisions fmro Appendix 11 to 2 O.F.R. Pert 200 that MR be required:' Appendix 11 to Part 20"ont vat Provisions for Non-ftdaral Eo ty Contmots Under Federal Awara In addition to other previsions 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)Contraots for more than the simplified acquisition threshold,whloh Is the Inflatlon adjusted amount determined by the Civilian Agency Acquisition Council and the oa%nss A►cqulsltion Regulations Council(Councils)as authorized by 41 t1.8.0. 1908,shall address administrative,contractual,or legal remedies In Instano"where contractors vlolate or breach contract terra,sad provide for such sanctions ____aced-pepal�es-as-apppopdafd,_� — —• -- (B)All oontroots in excess of$10,0D0 shall address termirmflon for cause and for oonvenlonceby the non-federal entity Including tho manner by which it will be aftled and the basis fors0ement. (C) Equal Employment opportunity. Except as othenNlse provided under 41 CFR hart 60, all contracts that meelthe definition of"federally assisted oonstruatlon contract"In 41 CPR Part 60�1.8 shall Include the equal opportunity clause provided under 41 CFR ODA,4(b),in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 FR 12319,12936, 3 CFR Part 1904"1066 Comp.,P. 330),as amended by Execovo order 11376,"A,monding Bx%Wlvs Order 11246 Relating to Equai Employment Opportunity,*and Implementing regulations at 41 GFR part 80,`OfNce of Federal Contract Compllanoe Programs,Equal Employment opportunity,Qepartment of Labor," (R)Davis-ftoon Act, ire amended(40 U,$.C.3141-3148),When required by federal program legislation,all prime oonstruollon contraCts.in exo®8s of$2,000 awarded by non-federal snotiss shall Include a provision For compllanos with the DavJs--Bacon Act(40 U,$.C.3141.31441 snd 0146-3148)as supplemented by Department of Labor regulations(29 CFR Part 6,'Labor Standards Provisions Applloable to OontraioU Covering Federally Flnanoed and Assisted oonstructlon"), In acxaordanas with the statute,contractors shall be required to pay wages to laborers and meohanic s at a rate not less than the prevalling wages specified In a wage determination made by the secretary of Labor.In addition, oontraotors shell W required to pay wages not less then once a week."the non-foderai entity shall plaoea oopy of the current prevailing wage determination teemed by the Department of Labor in each aollcitatton, The doolslon to award a contract or subcontract shall be conditioned upon the scoeptanoe of the wage determineffion,'The nowfederal entity shall report all suspected or reported violstions to the federal awarding agency,The contracts shall also Include a provision for oornpllanoe with the Copeland"Anti- OckbaW Act(40 U.S,C. 3146),e®supplemented by Department of Labor regulations(20 CFR Part 3, "Co*aotors and Suboontrootory on public Building or Public Work Financed In Whole or In Part by t.oane l or Grants from the Vnited States*).The Act providos thateeoh contractor or Sub-Rsolplent shag be prohibited from Inducing,by any means,Any person employed In the oonstnrotlan,Wmpletion,or repalrof public work,to give up any part of the oompensetlon to which he or she Is otherwise entitled.The non- federal entity shall report all suspected or reported vlolatlons to the federal awaarding agency. ($)Contact 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 meohanlos or laborers shell Include a provision for oompllance with 40 U.S.C,gf$702 and 3704, as suppiomentsd by Department of Labor regulations(20 OFR Fart 6). Under 40 t1.S.0,§3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis ofa r For example,the Dovls-laaoon Act Is not applicable to other FBMA grant and 000perstive agreement peoiplms,ant Inol Incl the ude the Public Assistance lo istanc subcgon m or Hazard Mitigation Grant Program;however,garb^ 80 I e P standard work week of forty+(40)hours.Work In excess of the standard work week Is permissible provided that the worker la compensated at a rate of not loss 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 purohases of supplies or materials or ardoles ordinarily evallable on the open market,or contras for transportation or transmission of Intelligence. (F)Rlghta to Inventl ms Made Under a Contract or Agreement If the federal award meats the doffnttion of"funding agreement'under 37 CFR§401.2(a)and the rodpient or Sub•Rodplent wishes to other Into a contract with a small business firm or nonprofit organteallort regarding the substitution of parties,assignment or pedbrmanoe of expotlmenial,developmental,or research work under that"fundtrtg agreement,"tine recipient or Sub-Reclplent shall comply with ttn®requlmmenm of 37 CPR Part 401, "Rights to Inventions Made by Nonprcfltt Organizatlons and Small sustness Fltms Under Government Grernts,Contracts and Coopera8ve Agreements,"and any Implementing regulations Issued by the awarding agency. (G)Clean Alr Act(42 U.S.C.if 7401-7071q.)and the Federal Water Pollution Control Aot(33 U.S.C. 1251-1367),as amende"ontracts and subgnants of amounts In excess of$160,000 shall ! contain a provision that requires the nonfederal award to agree to comply with all applimblestandards, orders or t egulatim Issued pursuant to the Clean Air Act(�42 U.S.C.§17'40147'871q)and the Federal Water Pollution Control Act as amended(33 U.S.C,§§ 1261-1387).Violatlons shall be reported to the federal awarding agency and the Regional Woo of the ErMrironmontal Protection Agency(EPA). (H)Debarment and Suspension(Executive Orders 12MO and 12809)--A contract award(see 2 CFR§180.220)shelf not be made to parties fisted on the governmenhOd®Excluded Parties Listsystem in the System for Award Management(SAM), In a000rdanoe with the OM<S guidelines at 2 CPR 180 that implement Executive Orders 12640(3 CPR Part 1888 Comp.,pp 189)and 12M(8 CFR Part 1989 Comp.,p.236),"Cebarment and Suspension,"The Excluded ponies last Systtsm in SAM contains the names of parties debarred,suspended,or otherwiso excluded by agenoiss,as well as parties declared Ineligible under statutory or regulatory authority other than Executive Order 12549. 0)Byrd Anti-Lobbying Amendment(31 U.S.C.§1362}—Contractors that apply or bid for an award of$100,000 or more shalt file the required oer"catlon.Each tier codifies to the tier above that it shall not and has not used fedend appropriated funds to pay any person or or+ganixallon for Muenci►g or attempting to Influence an officer or emptayse of any agency,a mentor of Congress,otlfoar ofempioyee of Congress,or an employee of a member of Corh$rass In oonneckm with obtaining any federal conbvA grant or any other award covered by 31 U.S.C.§1352.Each tier shelf also dfsWose any lobbying with non-federal funds that takes piece in conneotlon with obtaining any fodprstl award.Such disclosures are forwarded from tier to tier up to the nondedoral award. . (J)S"2 C.F.R.§200.323 Procurarro"of recoverd materiels. (IQ See 2 C.F.R.§200.216 Prohibition on certain telecommunication and videostmMilance senrloss or equipment, (L)See 2 C.F.R.§200.322 monastic pf0fetences for procurements (Appendix 11 to Fart 200,Revised Eff. 11/1 V2020). Please no&thane the Sub-Xeciplene alone is responsible fiw ensuring that ag hmguage inoG►rded In ft contracts meets eke regruhwments of 2 CPA j 200.327 and 2 CFJL Fart 200,Appa&c � II. - 81 ATTACHMENT J FINANCIAL,AND PROGRAM MONITORING QUIDIEUNSS 1710da has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds, The Division has a r®sp6holblllty tG't K wW mr riitor thortatus-of grant activ%randitermpurchased•to ensure oornpllance•-•• • with applicable Nonprofit Security Grant Program(NSGP)grant guld>ance and statutory regulations.The monitoring prooass Is designed to assess a Sub-Realplent agency's ooCnplisanoe with appllooble state and federal guldellnss. Monitoring Is dccompllshed utilizing various methods Including desk monitoring and ort�sb visits.There are two primary areas reviewed during monitoring activities-Ananolal and programmatic monitoring.Financial monitoring primarily focuses on sWutory and regulatory compliance with adminlstrative grant requirements.it involves the review of records associated with the purchase and disposition of property, projects and cordraots, Programmatic monitoring seeks to validate and assist In tho grant progress,targeting issues that may be hindering pr*otgoals and ensuring compliance with ft. purpose of the grant and overall grant program. Programmatic monitoring Involves the observation of equipment purchased,protocols and other associated records.Various levels of financial and programmatic review may be s womplIshad during the monitoring procasar3. Pursuant to 2 O.P.R.&200.337 the Division has the nigh t,at all reasonable times,to matte site vislta or oonduct desk revlm to review pmjeat accomplishments and management control systems to review award progress and to provide any required technical ossistanom.During site visits or desk reviews,The DIvlaion shall review rac iplonts'files misted to the award.As part of any monitoring and program evaluation aativitles,reclplents shall permit ft Division,upon reasonable notice,to review granirrelated records and to Interview the organization's staff and cdntmotore regarding the program.Reoipients shall respond In a timely and accurate manner to the DlvlslQn's requests for information relating to the award. Manitari > lerslign nncil lcbeoulinam Eeoh year the Dlvlslan shalt conduct manikoring based on a"Risk Assessment",The risk a ssrn*nt tool is used to help in determining the priority of Sub•Reciplents that should be revlawad and the level at monitoring That shculd bs parformsd.Note thsi althpugh a givssn grant may be closed,It fs still subjecttn Me dealt or onr a monitoring for a five(5j year period following olGsura, Are rs tha tMan'be"sm1109A.Inrlwit Management and administrative procedures; • Grant folder maintenance; • Equipment accountability and s 0-hand receipt procedures; Program for obsolescence; Status of equipment purches3es; Status of training for purchased equipment; • Status and number of response tralnings conducted to indluds number trained; Status and number of exeroises; a Status of planning activity; a Anticipated projected completion; a Difflcultles encountered In oompleting projects; • Agency NIMS/IGS compliance documentation; i Equal Empioymont Opportunity(IwEO Staiusr); • Procurement Polley The Division may request additional monitoring/Informatlon of the activity,or lack thereof,generates questions from the region,the sponsoring agancy or the Division's leadership.The method of gathering this information shall be determined on a oars-by-case basis. SZ i Desk reviews wW site visits are of monitoring. Desk monitoring In the reviewof financial nd technical assistanoe beWeen ft Division and l° t viee-mail and telephone. monitoring I Aefts to the 8"oolplent who exarnines rocords,procedures and equipment Desk monitoring Is an on-going Isn shall be requiredo monitoring determIrAW by the Division.This conted shall provide an opporkinily to Identify d for technical J and0or a site vlsft if the Division determines that a Sub-Roolplent Is having diffloulty completingit projwL As diffloultbaldefloloncles are IdentM4 the respective region or sponsoring agen Ii be notIflod the program office via ornall.In on shallInclude tho grant Sub-Reolplent agencys yew and projects neWre of the Issue In question.Many of the Issue@ that arlso may be resolved regionalat the or sponsoring agency level. Issues that require further TA shall be referred to the division r assistance.Exernples of TA Include but we not 11mited to., EquipmentIon or ovalloblevendors * 81glibility of hems or servioes Coordination and partrwehip withother agenciesIn or outside on or discipline Record Keeping Reportingu Documentation In support of a Request for RehbUraftent monfloring shall be conductedDivision or designated personnel,On-elte monitoringvisits, sl be aoheduled In acivarms with the Sub-Redplent agency POO designatedIn Ow granta The Division chi also conduct 000rdinated financial and grantn orin °SubjW matter experts from other es within the n or state may be calledupon to asslatIn the form of s pow review as needed, -s monitoring , shall begin with these granteest am currently spending or have comp spending r that federal fiscal y ° Sib viells may be combined when geographically convenient Them Is a /pMonitoring chooldist to assist In tie oDrnpletllonof i required tub. h letter shall be sent to ths Sub-Roolplont agency Point of Contaot )oufflWng the date,time and purpose of a site visit before the plannedarrival date.The appointment shall be confirmedthe gm*jo In writing(ernall Is )and doournanted In the grantee fielder. PhYalcal location of any equipment located at an alternatesite should a representativethat looAllon and the address should In the grantee folder before the Sib visit Onw Ion perwnrval have arrived at orientation confewice shag be conducted. During ,the purpose of the afte visit and the DivisionIntends to examineshall b Identified,All objeoftes of the alte visit shall bs explained duringi d Division po n l Shal review all Mae and supporting documentation. ra supporting documentation has been reviewed,a lourMsualleputInspection of equipment shall be conducted, 3 Each Item selected for review shall be visually inspected whenever possible. Larger Items(computers, response vehicles,etc,)shall have an asset decal(Informaabonlserial number)placed In a prominent location on oath piece of equipment sit per Sul.Aedpient agency requirements.The serial number shall correspond wit the appropriates receipt to Confirm purchaso.Photographs shall be taken of the equipment(large wpital expenditures In excess of t$1,000.per Item), _._ —... Vein Item Is not.aValltabla(being used during time.ottharake vlslt),.the appropriate. ahsalib.o. provided to aomnt for that partio4lar piece of equipment later prograamm Uc Issues can be diacussead at this fime,suoh as missing quaartorfy reports,payment vouc herlrelmbursement,equipment,questions, etc, Pod 1112432doo-W Division personnel shall mvlaw the On-site monitoring workshosts and backup dooumentatlon as a team and dlscuse the events of the On-slis monitoring. 1Nithin forty-five(40)calendar*a of the eke visit,a post monitoring letter shall to generated and sent to the Orontes explaining any Issues and corrective actions required or commendations.mendations.Should issues or findings be Identified,a nonaornpliaanoe letter to that affeot stamen be generated and sent to the Sub- Resciplent.the Sub-R eciplemt shall submit a Corrective Action plan(CAP)within a Urnefreme as daatermined by the Division.Nonoomplianoe,on behalf of sub-grantees Is resolved by management under -- — ---tix�-ter d-sli-baok_uta_d0cumentatloa.Aba1I -- ftn be Included in the Sub-Roctpiant's file. Mont ;+CIDU 13 Panalhil'W g1 be"bre;.Room Sub-Reciplents who ere pass.thirogh entities are re"nalble for monitoring"their Sub-Rsolpients in a manner consistent with the terms of the Federal award at 2 C.F.A. tart 200,including 2 CAR.§ 200.832.`Chle Includos the pass-through entity's responsibility to monitor the activities of the Sub- Recripient as necessary to ensure that the subaawartrct is used for smu'tholized purposes,In compliance with federal statutes,reguiations,and the terms and condldons of The submwerd;and that subaaward parlbrmenee gala are achieved, Sub-Reeclplent resporielbiiltles also Include but are not limited to;wourift of recolpts and expenditures, cash management,mmintalning aadequeb financial reoords, reporting and refunding expenditures disaallaw ad by audits, monitoring If acting ss a pass-through entity, ott7er assessments and reviews,and ensuring overall compliance with the terms and conditions of the&mrd or subawaard,as aapplloebl4, Including the terms of 2 C.F.R.Part 200. [R meinder of page Intentionally left blanky i i , 1 84 i 0 ATTACHMENT K EHP GUIDELINES ENVIRONMENTAL PLANNING&HISTORIC PRESERVATION(EHP)COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal Environmental Planning and Historic Preservation (EHP)laws and requirements prior to initiation of the project: • New Construction, Installation and Renovation, including but not limited to: o Emergency Operation Centers o Security Guard facilities o Equipment buildings(such as those accompanying communication towers) o Waterside Structures(such as dock houses,piers, etc.) • Placing a repeater and/or other equipment on an existing tower • Renovation of and modification to buildings and structures that are 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 o Fencing o Closed-circuit television(CCTV)systems o Motion detection systems o 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 trainings 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 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 1. For projects requiring EHP review, the Sub-Recipient shall submit the EHP Screening Form tothe 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 Preare�dress—,.Domestic;S,ecurit 2555 Shumard a D nl yard Tallahassee,IT Florida 32399-2100 Tele..w_ .-..5 1hone 80815 4343 ����,��;i�rr,F?���6Y UC:��i,�'��"rL✓"�I�IG°�.1!71G�d�,���t�i�!�,���I!a Il. The SAA POC shall forward EHP Screening Forms to DHS/FEMA for review and approval. III. 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 ATTACHMENT L REIMBURSEII(IENT CHECKLIST Does the amount billed by opneultent Ladd up corraotly?, © 2, Has all appmpdste documentation tv donote hours worked been properly signed? 0 3. Have copies of all planning materiels and work product(e.g.riesling documents,copies of plena) been Included? (Note- If a meeting was held by Sub-Reciplent-or oontractorloonsultant of Sub- Recipient an agenda and slgnup sheet with meeting date 4. Has the zero dollar krvolas and s"d tram the oonsultantloontractor been Include? Ej B. Has proof of payment bean Included? Canoeled check bank statement or traneeoilon hletory(Showing the transaction was processed bthe ban Sloctronlo Funds Transfer(EFT)Conffrmation Credit Gard Statement&payment to credit card company for Mt abatement B. Has Attachment 13(found within Agreement with FDEM)been completed Far this oontrootorloonsuitent and tnoluded In ffw relmbureement package? 7, Has proof of Purchase Methodology been Included?Please no Form 5 of Reporfingr r WW or PumhaakWBaslos AffWormi rf Jt f Oav cis*lanesded. Sole sow" State Contract(page showing cardraci#,price Ilat) Competlti+re bid results(e.g.Quotewlre,bid tabulation page) cansuitArnt ACerrfraatora dos litP soft to*Q*00n aloe Riled,kaidar-9mawom MUM Ej 1. Is the course DH8 approved? 2. Is there a course or catalog dumber? & If nct,has FOEM approved the non.DH8 training? 4, Have Sign-In Shoot,Rosters and Agenda been provided? r] S. if billing for overtime andlor baMI,has documentation boon provldedtl*Ilate attendee names, department,0 of hours spent at training,hourly rate and total amount pald to esohattendee? Have docwmentallon iron►entity's financial system been proMed as proof attendees were paid? For WWII,has a our delineation/arose refstonoa bean provided showing who was bacldtldng who? 6. Have the names on the*ift4n sheets been cross-referenced with firs norm of the Individuals for wham tralnht reimbursement costs are being souglf? Fj 7. Have any expenditures occurred In Support of the training such as printing oasts,costs rooted to administering the training, planning, scheduling, fsoUlss,materials and supplies, reproduction of materials,and equipment?If so,receipts and proof of payment shall be submitted. Canceled check bank statement or transactiom history(Showing the transaction was procassed by the bank) 86 Elsotronlm Funds Transfer(EFT)CorAynatlon Credit Card Statement&payment to credfl card ommpany fmr that smtement 8 Has PrOO of purchase m9fiWology been included?Phase gee Form 6 of RepDWM rWW or PuMhaelrtg 6eaft AtlamhmeW ffAiWwofeW ion"" Sale Souroe State Cmntramt(page shawlng corrtraot#,pace I" Competitive bld results(e,g.Quotewlre,bid Wxttadon page) 1, Has documentation been provided on the purposelobjeowas of the exetolss? Situation Manual or exordbe plan 2. If exerolse has bean omnductsd are the tDowing Included: Aftareodon report Slgnan shoats or roster 8, If billing for overtime and backfill,has a spreadsheet been provided that Nair attendee names, department,*of hours spent at exercise,hourly ram and Total paid to each attendee? Have documentation from enWs financial system been provided to prover attendees were paid? Por backfill,has a deordeltnestlon/mm referonae been provided showing who was boot al"who? 4. Have the names on the sign-In sheets beep cross-r+rferenced with the names of the Individuals for whom exerolse reimbursement coats ere being sought? (� 6. Have any expenditures ocouned on supplies(e.g.,copying paper,gloves,tope,etc.)In support of the exercise?If so,rocelpts and prootof payment shall be Included, Canceled check,bank statement or transaction history(Showing the transaction wee processed by the bank) .,Eleotronio Funds 11ransfer(EFT)Confirmation Credit Gard Statement S payment to credit card company for that statement 9. Have any expenaBdrrea occurred on rental of specelloostons for ercerd$es planning and conduct, exerdee aligns,badges,eta,?If so,receipts and proof of payment a hsti be included. �- Conoeled check,bank statement or trons"lon history(Showing the trsnsaoflen was prooeased by the bank) ElWronlc Funds Transfer(OFT)Confirmation Credit Card Statement&payment to oredit card company for thatstatetnent f 7. Has p►aot of purchase methodology been included?Phases see Form WPAODAW FomtB or PuMhaabtQ'Seska A t dm rneW fftUrftrakh*k nseded, Sole Souroo CState o petftive bid'Contract Mults(e w Quontewlre bid�rN n page) I. Han the,zero dollar invoice and signed from the consuftsrrtloontractor been Include? I 2. Has an AEI.#been Identified for each purchase? 8. If servicelwarranty expenses are listed,are they only for the performsrloe period of the gr arrt? 4. Has proof of payment been Included? 87 Canceled check,bank statement or trtumotion history(Showing the transaotlonwas pro msed by the bank) Eleotronio Funds Transfer(SM Confirmation Credit Card Statement&payment to credk card company for thatatatament 6. K EHP form needed,has a copy of the approval DH9 been included? ti. Hss pnwf cf purchase methodofoeY been Irooludsd7 Please see �of ronYr�g Farina or �._ PwchaoVBaskrsAMP mentlffadherclarityfaneeded _ Sale Source fits Contract(page ahovMg wired#,price,list) Competitive bid results(a.g.Quotewlre,bid tabulation page) MA VELLCONA.cRt'glfG'1 1. Have all receipts been turned In,itemized and do"dates on the receipts match travel dates? Alrplans receipts Pmof of mileage(Google or Yahoo map printout or Mlleagelog) 'foil and/or Parking receipts Hotel receipts(is there a zero balance r..�...Car rental recelpts .ileac 0-5WE IptB ' ---_. -- ....-- -.-_.._ .. .._. 1 ._...._.- • .- . .-- ._.. _._.._ _. .-...m__ Note;Make sure that meals paid for by conference sre not Included in per diem amount (� 2. if travel Is a conference has the conference agenda been Included? 8. Has proof of payment to traveler been Inoluded? Canceled check,bank statement or transaction history($howing the transaction was prooerssed by the bank Electronic Funds Transfer(E !')Confirmation Credit Card Statement&payment to credit card company for that statement Copy of paycheck N reimbursed through payroll �aLa�YposmaNs 1. Has a&W ftmesheet by employee and supeMmx been Included?Tlmesheet shall certtiy the hours and information presented as true and correct. 2. Has proof for time worked by the employee been Included?la thne period summary Included? Statement of Eaminge Copy of Payroll Check Payroll Register __-for fusion center analyste,have the certification documents.been provided to the Division to demonstrate complionce with training and.experience standards? For fusion center analysts,has documentation of PPR submission via the annual FuWon "Center Assessment been provided to the Division to demonstrate compliance with performance measurement requirements? 1. If billing for overtime and baokfiB,has a spreadsheet been provided that lists attendee nemes, department,0 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? Por baoMfi,has a dew dellneatioNcroas reference been provided showing who was bsckfilling who? 88 For Contract Security has time&effort docunrerdetlon bean submitted?Is a Ome period , summary Included?(Signed&oert W Imesheets refleoling the name and number of hours spent) **A*nod cantraat bedwow whAwlplW arr~af trendor alma be pMvkled that ouffinw the agreement-.number of ofters,hourly m%ft91wW,Pd eer ebt•.. MAL.L,WMM=bb.DMSWCH CSC 1. Have all Mlevont forms been completed and Included with each request far reimbursement(Including Deity Activigr Reports for OABQ)? Q Z Havp the goats kroumW been charged to the appropriate POETB category? W & Does the total on all Forme submltted match? �] 4 Do all quotes and Involoae from the selected vendor provide a legible signature from vendor? i & Do all paid Invoices show a$0.00 balance? L] 8, Has Reimbursement Form been atgoad by the Grant Manager and Financial Officer? E( 7, Has the reimbursement package been entered Into,Ou"eolplento tacordalepreadsheet? & Have the quantity and unit coat been notatad on ReI nbumement Budget Breakdown? 9. If this purchase was made via Sole Source,have you Included the approved We Source documentation and)uOftatlon? © 10, Do all of your vendors have a current W-9(Taxpayer IdanBtlaabon)on file? 11. Has the Attachment Q(Ibund wlthbt Agreement with FDVMI)or proof of SAM.gov reglotration been provided for the oontracmrslaonsultJants with the ralmbursemerd package, PleM►tote;FO M1I reoerves the right to update this oheaMM throughout the fife of the grant to oneure oompilance with apptiaable foderal and state rules and regulations. i 89 ATTACHMENT M 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 govemment of a Foreign Country of Goncem has a°controlling Interest,"4 and any entity organized under the laws of orwhich has Its principal place of business Ina 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:affldavlt 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: 444 SW 2nd Avenue, 10th Floor Address: Cl Miami F� �1 33130 305-416-1025 Phone Number: ANorlega@miamigov.com- Emall Addresa1 . . A npi +C;ertlfled By: AUTHORIZED SIGNATURE Print Name and Title: Arthur Nori ega, city ,Manage r Date: March 13, 2024 1 15,24:52 PDT 2 As defined In Section 287.138(1)(d), Florida Statutes. 9As defined in Section 287.138(1)(c), Florida Statute$. 4As defined in Section 287,138(1)(a),Florida Statutes. 90 MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2023 "Jurisdiction" Agreement Number: R0924 FAIN Number: EMW 2023-SS-0005&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 Miami Dade 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-24-0 7 I 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 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. 11.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 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 t I. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the main liaison and partner with the City of Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. S. Participating Agencies and any sub-grantees must abide by the grant requirements including budget authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of 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 events or exercises. Also, ensure that such equipment is readily available for onsite monitoring by DNS, 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 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 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 Si natures. 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: W George K.Wysong III Ann-Marie Sharpe, Director City Attorney Department of Risk Management 7 PARTICIPATING AGENCY "(sub-recipient)" ATTEST: BY: Name: NAME: Title: TITLE: FID#: DUNS: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney 8 1 2023 UASI'Sub-Recipients i Broward County Emergency Management(BEMA) Broward Sheriff's Office (BSO) Coral Gables Coral Springs Fort Lauderdale Hialeah ! 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