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HomeMy WebLinkAboutExhibit1. Project Narrative Principal Partners: The Miami Region STC Program will be comprised of the City of Miami Department of Fire Rescue as the lead agency and principal partners originating from Miami -Dade, Broward, Monroe and Palm Beach Counties. Please see attached chart for detailed information on each of these entities. Letters of Commitment: Please see the attached Letters of Commitment. Existing Capability Please see the attached chart describing the existing nuclear detection capabilities of each principal partner. Need for Assistance: The Miami Region has a clear need for assistance in implementing new regional capabilities supporting the goals and objectives of DHS/CWNM. The region which is comprised of Miami - Dade, Broward, Palm Beach and Monroe counties is the largest and most densely populated in the state, with over 6.5 million residents. According to U.S. Census Bureau statistics, Miami - Dade County alone has 2.7 million people, making it the most populous county in Florida. The counties of Broward and Palm Beach are the 2nd and Yd most populous in the state, respectively. Combined, the region consists of over 9,875 square miles and more than 200 miles of coastline susceptible to attacks. In addition, the region is home to Turkey Point Nuclear Generating Station, a twin reactor nuclear power station. Located in the Miami -Dade coastline, it is susceptible to attacks by air, land, and sea. The Miami Region, is the only region with five major sporting franchises in the state and the largest concentration of international banks in the U.S. and four international airports. The Miami Region is notable for its international seaports: PortMiami, Port Everglades and Port Palm Beach. The seaports' accessibility, location and daily logistics pose unique vulnerabilities. Open waterways surround each of the region's ports, all of which have both civilian and commercial Page 1 of 18 traffic. Accessibility to terminals is open to the public during cruise ship embarkation and debarkation times. PortMiami alone is among America's busiest ports and recognized as a global gateway. As of 2015, approximately 4.9 million passengers came through PortMiami, more than any other port in the world. PortMiami contributes $28 billion annually to the local economy and supports more than 207,000 jobs in South Florida. Port Everglades, has approximately 3.7 million cruise passengers and over a million shipping containers pass through, annually. Port Palm Beach is the 4th busiest deep water port in Florida and the 18th busiest in the US. Successful movement of radiological/nuclear (R/N) materials into our region has the potential to cripple, not only the area's tourism and commercial trade, but the state of Florida's economy as a whole. It would also endanger many lives. Open waterways surround each of the region's ports, all of which have both civilian and commercial traffic. The seaports' accessibility, location and daily logistics make them a great target for attacks magnifying the need for the development of regional nuclear/radiological detection capabilities to protect lives and the economy. South Florida enjoys a well-established regional partnership in the fight against terrorism as demonstrated in the Southeast Regional Domestic Security Taskforce Region 7 (SERDSTF). The SERDSTF is a network consisting of 109 multi -discipline, multi jurisdictional regional partner agencies. The taskforce complements the existing knowledge and structure of federal processes from the Miami/Ft. Lauderdale Urban Areas Security Initiative (UASI), which is comprised of Miami -Dade, Broward, Palm Beach and Monroe Counties. Despite our strong coalition, the coordination and capability among mission partners related to R/N threats remains grossly insufficient. Assistance is needed to fund and coordinate new capabilities for the region, which include (1) the ability to accurately identify potential or actual threats involving R/N materials. This also includes (2) equipping our first responders with the training, and equipment needed to conduct primary and secondary screening for R/N threats. The Miami Region is vulnerable to an R/N attack by air, land and sea, therefore, detection capability must address all potential points of entry. The Miami Region does not have the widespread and well established capability to detect R/N threats, which increases the risk to the Region. The lack of a well-established R/N primary screening program in the Region results in limited operational elements to ensure that any information gathered is immediately and comprehensively shared with the Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS). Proposed new Page 2 of 18 capabilities for the region include (3) the development of operational protocols related to the identification and response to R/N materials threats by first responders. Furthermore, the ongoing training of regional first responders will be conducted in order to enhance the sustainability and effectiveness of primary screening while training specialized units for secondary screening measures will also occur. Financial assistance is required to place these measures into action. The Miami/Ft. Lauderdale Urban Area Security Initiative Grant Program has suffered losses in funding as compared to the grant's inception in 2003. Specifically, the region suffered a nearly 50% reduction in UASI grant funding in the year 2012. As a result, funding to R/N threats in the region have been limited resulting in a capability gap. The region has also witnessed diminished support from the State Homeland Security Grant Program (SHGP) and limited resources have created a need for additional federal funding. The reduction in UASI and SHGP funds have strained the implementation of region -wide, proactive, multi -disciplinary R/N-type training and exercises. Non -monetary assistance is also needed to support the R/N threat capability in the Miami Region. The Securing the Cities (STC) funding will assist in providing process standardization when developing a response model tailored for the R/N threat. This standardization includes the training and exercising of the federal detection Concepts of Operations (CONOPs). The grant funding will also assist in standardizing information sharing and protocols throughout the Miami region and with U.S. government agencies. The Miami Region commits to sharing nuclear detection information among principal partners (PP) and with the DHS Countering Weapons of Mass Destruction Office (CWMD). This Region has proven to have a long history of collaboration among area partners as demonstrated in administering the Miami/Ft. Lauderdale UASI grant program, through the SERDSTF. The SERDSTF regional planning approach incorporates 109 multi -discipline, multi - jurisdictional partners in the following sectors: law enforcement, fire, health and medical, education, interoperable communication, critical infrastructure, public information, emergency management, maritime, cyber security, Southeast Florida Fusion Center, public, private, and tribal partners. Page 3 of 18 This assistance will enable our principal partners to proceed together with development of the regional R/N detection approach and architecture. The funding will assist our vulnerable region in becoming equipped with uniformed operational, communication and emergency response capabilities with personnel skilled at responding to and recovering from R/N threats. Secondly, it will allow the partners to utilize regional emergency response resources and collaborations to strengthen the whole community. The Securing the Cities funding will provide the means for equipping and training interagency regional partners in the response to R/N dangers and will also help to create a coordinated reaction to these menaces in South Florida. Coordination with other Federal Programs: The STC Program will complement our current UASI grant program as it relates to identifying and responding to R/N threats in the region. Miami/Ft. Lauderdale UASI expenditures across the region have been limited in the acquisition of R/N primary screening capability, secondary screening or mobile R/N detection capability. The allocation of UASI funds is prioritized by needs, with limited funds, the most critical needs are addressed first. The STC program provides the funding to work in conjunction with other federal grant programs. Given there has been a void in funding allocated for R/N detection and response in the region, the STC program does not present a duplicate of funding effort. The funding opportunity provided by the STC Program grant is unique and needed in the region to ensure first responders are well trained to respond to any type of threat. Management Experience: Since 2003, the City of Miami Fire -Rescue Department (Lead Agency) has been the Administering Agency for the Urban Area Security Initiative Grant Program. The UASI Grant Program is a multi -agency, multi -discipline counterterrorism grant which closes gaps and vulnerabilities within the region for first responders. The Region consists of the City of Miami, its contiguous cities, Monroe County, Miami -Dade County, Broward County and Palm Beach County. Dating back to the onset of the program, the City of Miami has managed over $130 million dollars in UASI grant funding. During this time, we had on-site and desk- top monitoring visits from the Federal Emergency Management Agency and the State of Florida (State Administering Agency), with each visit concluding the program was operating Page 4 of 18 within the terms and conditions of the award. Furthermore, the City of Miami has established financial and administrative procedures in compliance with the federal regulation. In 2016, the City of Miami was awarded $723,260 from the Preparing Communities for Complex Coordinated Terrorist Attacks (CCTA) Grant Program. The CCTA Grant Program is a planning, training and exercise grant that is regionally based. Using our UASI footprint and in coordination with our SERDSTF, this grant focused on a whole community approach of preparing the region for CCTA incidents. Assessing the structure and approach of the CCTA Grant Program taken by Miami, FEMA cited our involvement as a best practice. The City of Miami's experience in managing and coordinating regional activities and resources will facilitate the efficient implementation of the Securing of Cities Program in South Florida. Prosect Description: In its first year, the City of Miami's goal is to establish the Miami Region office in accordance to the Securing Cities Program. In order to set up the office in a timely manner, the City will assign Miami Fire Rescue officers with experience in program management, nuclear/radioactive technical knowledge, planning and coordination capabilities, and regional knowledge to spearhead this Program. The City will sub -contract functions requiring specific expertise as well as training. At the end of the first year, the City expects to have an operational Miami Region STC office, executed MOUS with all partners, established board and committees, completed Train -the - Trainer courses and an outline/calendar of activities for year 2. The Miami Region will focus on achieving four goals consistent with STC program goals and objectives as detailed below. Metrics for reporting results in support of program activities and first year budget are also included. Page 5 of 18 NHANH REGION GOALS NUANU REGION OBJECTIVES ACTIVITIES METRICS 1. Create an STC Miami . Approval of STC Region Program office Regional Office by through the City of Miami Commission Establish Synchronize Miami Department of • # of staff hired synchronized planning between Fire Rescue Division of • # of MOU's executed planning key agencies for Emergency • # of sub -contracts capabilities establishment and Management. A executed standardization of regional Program Manager and g g • #Committees/ working radiological staff will help develop groups created detection program committees and • # meetings working groups in . # people attending which regional meeting participation will . # & Name of Agencies produce these represented on synchronized plans. Advisory Board 2. Establish an STC Advisory Board with management -level • Plan, schedule and track representatives from advisory and committee the Department of meetings along with Home -Land Security attendance by principal (DHS), Federal Bureau partners. of Investigations (FBI), • Plan, Schedule and Monroe County, Palm track conference call Beach County, along with participation Broward County and by principal partners. the STC Miami Region Program. 3. Establish four committees (Information Sharing, Operations, Equipment and Training). Participation in these committees will be at the working level and will assure a unified approach to regional operations. Page 6 of 18 Page 7 of 18 1 _ Create an information • # of meetings and sharing committee to agenda Develop a Establish address issue such as • # of needs assessments synchronized synchronized centralized data completed information information sharing and dissemination reporting, collection, • List of staff, equipment, dissemination protocols, and dissemination. tools and training protocols, procedures and 2. Evaluate capabilities needed policies and tools between and identify needs for • # of procedures practices regional partners each partner, created/established jurisdiction, county # of information and departments sharing plans, 3. Identify information schedules and exchange procedures exercises/drills needed with other radiological detection programs. I . Improve first • # of people completing responder RNthreat Train the Trainer Augment Augment and unite recognition and course detection and response existing radiological detection. Develop • Outline for capabilities detection programs plan for standardizing informational reports radiological detection and announcements equipment and needed to communicate maintenance with general public requirements • Assessment of tools 2. Establish multi-year and practices needed to training and evaluation formulate a unified plan (MYTEP) by communication which common strategy. radiation detection • Inventory of radiation protocols and detection tools needed procedures can be and strategy for taught and assessed deployment throughout the region. 1. Principle partners to • # of principal partners address standardized who have implemented operational procedures the operational plan in Identify Manage and protocols. accordance to the STC security of hazards and 2. Develop an operations Advisory Board and significant secure plan for the respective committees. infrastructure significant deployment and use of and important infrastructure radiological detection key assets equipment. Page 7 of 18 A. Gantt chart Please see attached Gantt chart with detailed descriptions showing work tasks and project milestones associated with each major STC task. E. How the architecture will be designed for steady state operations and be capable of surging to enhance steady state and search operations. The architecture design for steady state operations with capability of surging to enhanced steady state and search operations is as follows: STC Program Office Stead • Normal operational hours for all STC staff members • In line with Emergency Operation Center (EOC) levels of activation (EOC 3: Every day surveillance, 2: Alert to an event, l: Full activation, event is imminent or has occurred) Enhanced State • Select STC staff will be expected to report to work Page 8 of 18 and important 3. Development of a • Establishment of key assets single point of contact regional resource that can function as a manager function resource manager to . Listing of allow any regional methodologies agency to easily identified as needed to request protection achieve a steady-state support when needed STC Miami Region without difficulty. operation. 4. Develop a methodology to support enhanced steady state operations and rad/nuc search operations. Pre develop plans can be exercised and enhanced without the need to modify on the fly during an actual operation. A. Gantt chart Please see attached Gantt chart with detailed descriptions showing work tasks and project milestones associated with each major STC task. E. How the architecture will be designed for steady state operations and be capable of surging to enhance steady state and search operations. The architecture design for steady state operations with capability of surging to enhanced steady state and search operations is as follows: STC Program Office Stead • Normal operational hours for all STC staff members • In line with Emergency Operation Center (EOC) levels of activation (EOC 3: Every day surveillance, 2: Alert to an event, l: Full activation, event is imminent or has occurred) Enhanced State • Select STC staff will be expected to report to work Page 8 of 18 • For Extended operations A/B (12 hour/12 hour) shifts will be in effect • In-line with EOC levels of activation as mentioned above • Notifications will be made to federal partners STC Region Steady State • Principal Partners are fulfilling the commitments to the program accordingly • Equipment is deployed in operational with planned detection protocols in action • STC County Liaisons have established a network of partners as they relate to the STC R/N Detection Mission Enhanced State • The response plan would go in affect and the proper steps taken as per the CONOPS to mitigate the alarm • In a regional incident, the adopted alarm adjudication process would take place • The units on scene would exercise the procedure that has been taught and the appropriate escalation of resources would take place • The STC program office would activate as mentioned above 2. Budget Narrative and Justification The City of Miami Fire -Rescue Department (Lead Agency) is requesting $ 1,942,014.00 in funding to establish the Miami Region Securing the Cities Program office. These budget expenses are expected to increase by 5% to 10% every year for subsequent years 2 through 10 to account for changes in salaries and benefits, and others. These increases do not take into account any costs resulting from the implementation and deployment of trainings, equipment, tools, field exercises, and other costs associated with the successful execution of the plans and strategies as detailed in the project narrative. Please see the attached Year 1 detailed budget and justification of expenses below Year 1 A. Personnel - $872,269.00 1. STC Program Manager (PM) Captain Backfill ($80 Backfill/OT rate per hour x 2,496 hours/year $199,680. 00) paid to cover the position on the field while assigned to work on this project. Total = $199,680.00 Page 9 of 18 2. Miami -Dade County, Monroe County, Palm Beach County & Broward County STC Program Liaisons Backfill ($75 Backfill/OT rate per hour x up to 30 hours per week for 52 weeks (1,560 hours) _ $117,000.00 each paid to cover his/her position on the field while assigned to work on this project. Total = $468,000.00 3. STC Budget Specialist (One (1) year x $65,000.00 = $65,000.00) staff will work full time on this project to ensure compliance with program requirements and contractual obligations. Total = $65,000.00 4. STC Administrative Aide II ($22.11 hr. x 2,080 hours= $45,989.00) staff will work full time and be responsible for clerical and administrative functions of the Miami Region STC office. Total = $45,989.00 5. STC Rad/Nuc Course Backfill for Train the Trainer ($65.00 hr. x 40 hours x 36 attendees = $93,600.00) backfill pay for personnel to attend Train -the -Trainer sessions and courses. Total = $93,600.00 B. Fringe Benefits - $118,655.00 1. STC Program Manager (PM) Captain Backfill - FICA/MICA ($ 199,680.00 x 7.65%) _ $15,276.00 2. Four (4) STC Program Liaisons Backfill - FICA/MICA ($117,000.00 x 7.65% _ ($8,950.5) *4) _ $35,802.00 3. STC Budget Specialist - FICA/MICA = ($65,000.00 x 7.65%) _ $4,973.00 4. STC Budget Specialist Health Insurance = $500 x 12 months = $6,000.00 5. STC Budget Specialist Pension City Contribution $20,000.00 6. STC Administrative Aide II FICA/MICA ($45,000.00 x 7.65%) $3,443.00 7. STC Administrative Adie II Health Insurance= $500 x 12 months= $6,000.00 8. STC Administrative Aide II Pension City Contribution $20,000.00 9. STC Rad/Nuc Course Backfill for Train the Trainer FICA/MICA ($93,600.00 x 7.65%) _ $7,161.00 C. Travel - $119,650.00 Page 10 of 18 WMD Conference — $60,900.00 for Six (6) staff, to attend a conferences on RAD/NUC and other topics. Expenses include: $125.00 x 3 meals per day x 6 staff x 4 trips = $9,000.00. A round-trip airfare constitutes $600.00 per person x 6 staff x 4 trips = $14,400.00, local travel = $1,500.00 and lodging $300 per night per person x 6 staff x 4 trips x 5 days = $36,000.00. 2. DHS/CWMD (Orientation/Training) $48,750.00 for Six (6) staff, to attend orientation/training in Washington D.C. Expenses include: $125.00 x 3 meals per day x 6 staff x 5 trips = $11,250.00. A round-trip airfare constitutes $750.00 per person x 6 staff x 2 trips = $9,000.00, local travel = $1,500.00 and lodging $300 per night per person x 6 staff x 5 trips x 3 days = $27,000.00. 3. Local Travel — millage, tolls, parking and other transportation for staff, liaisons, and primary partners to attend meetings and training. $10,000.00 D. Equipment - $120,440.00 Office Chairs (20 x $500.00 = $10,000.00) will accommodate the advisory meetings and related conferences. 2. Work Desks (8 x $1,000.00 = $8,000.00) personal will be able to utilize work desk for daily operations and is essential in an office setting. 3. Conference table (1 x $2,000.00 = $2,000.00) will accommodate the advisory meetings and related conferences. 4. Filing Cabinet (8 x $500.00 = $4,000.00) will be secured and provided to each work station to store documents. 5. STC Program Uniforms (Pants/BDU) (32 x $100.00 = $3,200.00) shall be provided to all staff members to appropriately and professionally represent the Miami Region STC office. 6. STC Program Uniforms (Polos) (32 x $70.00 = $2,240.00) shall be provided to all staff members to appropriately and professionally represent the Miami Region STC office. 7. Portable Presentation Equipment (projector, laptop) (3 x $5,000.00 = $15,000.00) shall be utilized by all in the STC Office is deemed necessary for training and presentations in the office or Liaison sites. Software License Purchases (Adobe Acrobat & Microsoft) (24 x $500.00 = $12,000.00) pertinent to the planning, operation, inventory and maintenance of the program office shall be obtained in order function effectively and efficiently. Page 11 of 18 9. Portable Wi-Fi (8 x $150.00 = $1,200.00) shall be obtained to provide constant connectivity and communication to the program staff while operating outside of the program office. 10. Cellular Phone Subscription (8 x 12 monthly) (96 x $300.00 = $28,800.00) shall be obtained and assigned to the program office staff. All staff members shall be mandated to only use these devices for STC related correspondence and calls. The STC is a law enforcement sensitive initiative with most literature designated as (FOLIO) for official use only. 11. Cellular Phone (8 x $1,000.00 = $8,000.00) shall be obtained and assigned to the program office staff. All staff members shall be mandated to only use these devices for STC related correspondence and calls. The STC is a law enforcement sensitive initiative with most literature designated as (FOLIO) for official use only. 12. Computer printer/scanner (4 x $1,000.00 = $4,000.00) essential in an office setting and for daily operations. 13. Laptop, docking station and monitors (8 x $3,000.00 = $24,000.00) essential in an office setting and for daily operations. E. Supplies - $50,000.00 1. Office Supplies (pens/paper/binders/ink) (1 x $50,000.00 = $50,000.00) are the necessary for operating an administrative office that will be purchased in bulk. H. Procurement Contracts - $234,000.00 1. RAD/Nuc Specialist (PSA) will be contracted to work up to 30 hours per week for 52 weeks per year ($75.00 hr. x 1,560 hours = $117,000.00). 2. Training Officer (PSA) will be contracted to work up to 30 hours per week for 52 weeks per year ($75.00 hr. x 1,560 hours = $117,000.00). His or her role is to become the subject matter expert of the STC program, its goal and the tools necessary to accomplish the mission. The training officer shall work with the STC program manager and the STC liaisons to coordinate and deliver the necessary training throughout the Miami STC program. I. Other Costs - $427,000.00 1. Infrastructure Hardening Analysis and Equipment (One (1) payment x $130,000.00 = $130,000.00) is critical when forming a security sensitive operation. This involves physical access to internet protection. 2. Calibration Equipment/Office - Rental Space (One (1) payment for (12) months x $15,000.00 = $180,000.00) shall be placed in a secure location away from the heavy Page 12 of 18 traffic and provide the necessary space for storage and the proper and secure access for delivery. 3. FedEx/Postage (Annual payment x $1,000.00 = $1,000.00) accounts are necessary for the operation of an administrative office and that of a support lab. 4. Storage Facility (One (1) payment for (12) months x $500.00 = $6,000.00) shall be obtained for supplies and the safe keep of equipment. This site shall me monitored a round the clock and access restricted. 5. Public Education Campaign (One (1) payment x $10,000.00 = $10,000.00) will to prepare informational reports/announcements to bring awareness to the community and public on Rad/NUC threads and prevention. 6. Training Information, Digital Media, Communication for Miami Regional Office, Principal Partners and STC participating partners ($50,000.00). The office will ensure that all participating entities have (1) access to common communication/information sharing tools (such as SharePoint), (2) acquire and set-up tool, (3) formulate/prepare/acquire digital training tools, (4) prepare communication and training capsules, (5) acquire and deploy technology that will assist in unifying communication efforts. 7. Rad/NUC Train -the -Trainer Training Courses/Curriculum and Implementation ($50,000.00) Budget Summary - A. Personnel $ 872,269.00 B. Fringe Benefits $ 118,655.00 C. Travel $ 119,650.00 D. Equipment $ 120,440.00 E. Supplies $ 50,000.00 F. Construction $ 0 H. Consultants/Contracts $ 234,000.00 I. Other $ 427,000.00 Total Direct Costs $ 1,942,014.00 TOTAL PROJECT COSTS - Year 1 - $ 1,942,014.00 3. Management Process Description This project will utilize the regional approach modeled by the, Southeast Regional Domestic Security Task Force which has already successfully supported regional sustainment for over ten Page 13 of 18 years and was recognized as a best practice. The STC office shall be overseen by an administrator (City of Miami Emergency Manager) and operated by a program manager. The program ambassadors come in the way of County Liaisons. The Principal partners as mentioned earlier are also regional partners through the SERDSTF. Staff will provide day to day management and coordination during all phases of the project. Principal partners will attend quarterly meetings to assess regional needs and identify solutions, share information, and identify regional training opportunities. Principal partners will be divided into discipline -specific working groups, which are chaired and co-chaired by their peers. These working groups further enhance regional information sharing, communication, training, and collaboration, and facilitate work relationships that are based on trust and respect. The SERDSTF Management model is efficient and facilitates regional cooperation. Trainers will offer classes in an array of disciplines that can be tailored to specific needs. Smaller and under resourced jurisdictions will have access to training otherwise not available to them and will be able to provide critical support during an R/N threat. Upon Arrival of the Program Manager, the Lead Agency shall work diligently in facilitating the needs and request of the PM. Since this project will utilize the regional approach modeled by the aforementioned, Southeast Regional Domestic Security Task Force, SERDSTF staff is well experienced and already providing day-to-day management and support to 109 multi -discipline multi jurisdictional task force partners. Staff will provide day to day management and coordination during all phases of the project. Principal partners will attend quarterly meetings to assess regional needs and identify solutions, share information, and identify regional training opportunities. Principal partners will be divided into discipline -specific working groups, which are chaired and co- chaired by their peers. These working groups further enhance regional information sharing, training, and collaboration, and facilitate work relationships that are based on trust and respect. The SERDSTF process is efficient, facilitates regional sustainment, resilience and cost effectiveness through multi jurisdictional voluntary investment and sharing of resources. The project will use already trained personnel to conduct classes using a Train the Trainer approach. This will allow more classes to be offered in an array of disciplines that can be tailored to specific needs and jurisdictions. Smaller and under resourced jurisdictions will have access to training otherwise not available to them and will be able to provide critical support during an R/N threat. Page 14 of 18 Principal partners will support the objectives of this R/N project by participating in steering committees, joining program update calls/meeting, conducting radiological/nuclear related courses, providing personnel to serve as R/N related regional Train the Trainers, conducting regional exercises. Principal Partners have provided letters of commitment. A. How each principal partner will receive assistance: The City of Miami in coordination with steering committees and liaison will assess each partner to identify specific capacity gaps, equipment needs and technical assistance. Principal partners will receive assistance in the manner described below: Training and Exercises The Training Officer shall work with the STC Program Manager and the STC liaisons to coordinate and deliver the necessary training and exercises throughout the Miami Region. The liaisons shall coordinate with the principal partners in their assigned area of operation to ensure the coordination of training in the respective county. Individuals from each of the participating counties will be designated as instructors and trained in accordance with DHS requirements. These instructors will provide the DHS prescribed training to our principal partners and conduct training exercises. To accommodate attendees, training and exercises will be held at convenient, centralized locations or as needed in sites designated throughout the counties. Page 15 of 18 Equipment The liaisons shall coordinate with the principal partners in their assigned area of operation to ensure the effective planning, distribution, operation and maintenance of STC grant related equipment in the respective county. Equipment will be allocated and delivered utilizing a distribution schedule. We will utilize a secure facility to receive, inventory, and distribute equipment to principal partners. Those needing DHS calibration and maintenance will also be returned to this facility. Equipment for vehicles maybe installed at principal partner agency locations or a centralized site. Technical Assistance The STC R -N Specialist position will serve as the STC program technical subject matter expert (SME) in the field of R/N detection and deployment. The RN Specialist shall work with the Program Manager and Liaisons to develop feasible maintenance schedules with all STC principal partners. B. Implementation and administration of sub -awards and property management processes. Setting up the STC Regional Office will require the approval of the Miami City Commission. Once the approval is obtained, we will be able to include STC Office's budget and contractual obligations in our financial and administrative systems. This approval will also allow for the hiring of STC staff, contractors and purchasing of equipment and supplies. Once on -board, the Program Manager will be able to negotiate MOU's with the Principal Partners. All these administrative preparations before the City is able to spend or obligate STC related funding. Through the mutually agreed upon MOU's, the principal partners shall establish a direct method of providing sub -awards in order to reimburse services rendered for the STC program. 1. If/when needing to provide sub -awards, payment will be made as a direct payment (DP) to any pre -authorized member providing service on behalf of the STC Office. This payment shall be funded through the cooperative agreement of the STC office. 2. As an alternative, MOU's may be established to facilitate reimbursement to an agency whose employee has provided service on behalf of the STC office. Page 16 of 18 Already establish City of Miami financial and administrative procedures in compliance with federal regulation will be utilized to ensure proper expenditures of funding and property management. A dedicated Budget Specialist will be assigned to process payments and for inventory control of the STC office. C. The roles, responsibilities and activities of principal partners: Robert Hevia, Emergency Manager — Assistant Fire Chief Division of Emergency Management from the City of Miami/Lead Agency will serve as the Program Administrator. Chief Hevia will be the main point of contact who will represent the Miami Region at the national level. The Program Manager acting on behalf of the City of Miami/Lead agency will have overall charge of the respective program and its compliance with the guidelines of the Department of Homeland Security. The Program Manager shall develop an operations plan that meets the goal of the STC Program Concept of Operation. S/he will be responsible for forming the necessary advisory groups and committees with the principal partners to develop a unified deployment plan. The Program Manager and designated staff shall manage the implementation, funding and oversight of this plan. S/he shall enforce standard operating procedures to ensure efficiency, productivity, and compliance with all applicable policies, codes, statutes, laws and regulations. The STC Program manager shall report to the Program Administrator (Robert Hevia, Emergency Manager — Assistant Fire Chief Division of Emergency Management). To ensure the speedy set up of the STC Operation, the City will assign an experienced Miami Fire Rescue Officer (Captain) to serve as Program Manager for the two year implementation period. Principal Partners (PP) will serve in various capacities in the STC Program including collaboration with the Program Manager as a member of the Advisory Board and Committees. The Advisory Board will consult on regional priorities, logistics, and facilitate overall activation of the program. Through membership on the Board or a Committee, principal partners will assist in the development of the operational protocols. They will provide regional input into the STC program and establish standardized equipment, training, operations and reporting protocols. The STC PP will work the Program Manager and Liaisons to develop feasible maintenance schedules. The Liaisons shall coordinate with the Principal Partners in their assigned area of Page 17 of 18 operation to ensure the effective planning, distribution, operation and maintenance of STC grant related equipment and the coordination of training in the respective county. Principal Partners will facilitate the distribution of equipment as agreed upon for their respective agencies. Upon receipt of equipment, the program office will communicate with the county Liaisons who will make arrangements to distribute equipment to the Principal Partners in his/her respective region. PP will work in conjunction with the program manager to assist in the location, coordination and access to training and exercise sites. Partners will work with the STC Miami Region to ensure that designated personnel are available and attend training. They will also provide input in the process of deploying equipment in order to achieve the operational protocols. D. Resources principal partners will bring to the project: Principal partners will provide the following resources: personnel (trainees, trainers,), training and exercise sites, response vehicles, transportation, agency and jurisdiction related information. E. Resolution of differences in implementation among principal partners: The Lead agency will establish Robert Hevia, Emergency Manager — Assistant Fire Chief Division of Emergency Management as the STC Program Administrator representing the STC Program nationally. The aforementioned STC Advisory Board will be the governing body for the program, consisting of one member from Broward, Monroe and Palm Beach Counties and two members from Miami -Dade, the STC Program Administrator and the STC Program Manager. At inception of the program, the Board will draft guidelines and procedures by which participating partners will abide. The Advisory Board will also establish these committees: (1) Information Sharing; (2) Training and Exercise; (3) Operations Protocol; and (4) Equipment. In the event there are differences in the implementation of a regional approach, the advisory board and four committees will deliberate and come to a consensus based on a voting majority. Page 18 of 18 1. DATE ISSUED MM/DD/YYYY 1a. SUPERSEDES AWARD NOTICE dated 18b. EIN 596000375 19. DUNS 072220791 20. CONG. DIST. 27 o3/oa/zozo except that any additions or restrictions previously imposed ADMINISTRATIVE CODE Department of Homeland Security p Y 21.a. 080570800411 remain in effect unless specifically rescinded C. STC Department of Homeland Security 22.a. b. 2. CFDA NO. d. e. 23.a. 97.106 - Cooperative Agreements, I - USE OF PROPERTY, FACILITIES, OR EQUIPMENT, L - C. d. e. DISSEMINATION OF TECHNICAL INFORMATION 245 Murray Lane, SW Mail Stop 0115 3. ASSISTANCE TYPE Cooperative Agreement 4. GRANT NO. 20CWDSTC00007-01-00 5. TYPE OF AWARD Formerly other Washington, DC 20528 NOTICE OF AWARD 4a. FAIN 20CWDSTC0000 5a. ACTION TYPE New 6. PROJECT PERIOD MM/DD/YYYY MM/DD/YYYY From 03/04/2020 Through 10/30/2029 AUTHORIZATION (Legislation/Regulations) Section 4(a)(12) of the Nuclear Forensics and Attribution Act, Public Law 7. BUDGET PERIOD MM/DD/YYYY MM/DD/YYYY From 03/04/2020 Through 10/30/2020 111-140 8. TITLE OF PROJECT (OR PROGRAM) 2019 City of Miami Securing the Cities Program 9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR Miami, City Of Mr. Robert Hevia 3500 Pan American Dr 444 SW 2nd Ave Miami, FL 33133-5504 10th Floor Department of Fire - Rescue Miami, FL 33136-1910 10a. GRANTEE AUTHORIZING OFFICIAL 10b. FEDERAL PROJECT OFFICER Ms. Lillian Blondet Mr. Michael Simon 444 SW 2nd Avenue, 5th Floor 1120 Vermont Ave. Miami, FL 33130-1910 DHS, CWMD Phone: (305) 416-1536 Washiongton, DC 20005 Phone: (202) 254-7040 ALL AMOUNTS ARE SHOWN IN USD 11. APPROVED BUDGET (Excludes Direct Assistance) 12. AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agency Only a. Amount of Federal Financial Assistance (from item 11m) 1,977,434.00 II Total project costs including grant funds and all other financial participation II b. Less Unobligated Balance From Prior Budget Periods 0.00 c. Less Cumulative Prior Award(s) This Budget Period 0.00 a. Salaries and WageS.................................... 872,269.00 d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION 1,977,434.00 b. Fringe Benefits ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 129,055.00 13. Total Federal Funds Awarded to Date for Project Period 1,977,434.00 C. Total Personnel Costs ................. 1,001,324.00 14. RECOMMENDED FUTURE SUPPORT 102,900.00 (Subject to the availability of funds and satisfactory progress of the project): d. Equipment .................................. YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS 92,120.00 e. Supplies .................................. a. 2 d. 5 f. Travel .................................. 119,650.00 b. 3 e. 6 9. Construction .................................. 0.00 c. 4 f. 7 h. Other .................................. 427,440.00 15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING i. Contractual 234,000.00 ALTERNATIVES: a. DEDUCTION b. ADDITIONAL COSTS MATCHING j. TOTAL DIRECT COSTS 10 1,977,434.00 d. OTHER RESEARCH (Add /Deduct Option) e. OTHER (See REMARKS) k. INDIRECT COSTS 0.00 16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY I. TOTAL APPROVED BUDGET 1,977,434.00 OR BY REFERENCE IN THE FOLLOWING: a. The grant program legislation b. The grant program regulations. This award notice including terms and conditions, if any, noted below under REMARKS. m. Federal Share 1,977,434.00 d. Federal administrative requirements, cost principles and audit requirements applicable to this grant. In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall n. Non -Federal Share 0.00 prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system. REMARKS (Other Terms and Conditions Attached - EX Yes 13 No) This award approves $1,997,434 for the purpose of conducting project under the Securing the Cities Program. However specific budget line items are restricted until final program and budget details are received and approved by DHS. The restricted lines are Contractual, Other and all backfill costs reflected in the budget. The total approved for release is $1,047,599. GRANTS MANAGEMENT OFFICIAL: Lisa Johnson, Associate Director 7th and D Street SW Washington DC, DC 20407 Phone: (202) 309-8010 17.OBJ CLASS 4100 18a. VENDOR CODE 596000375 18b. EIN 596000375 19. DUNS 072220791 20. CONG. DIST. 27 FY -ACCOUNT NO. DOCUMENT NO. ADMINISTRATIVE CODE AMT ACTION FIN ASST APPROPRIATION 21.a. 080570800411 b. CWDSTC00007A C. STC d. S1,977,434.00 e. 080570800411 22.a. b. C. d. e. 23.a. b. C. d. e. AWARD ATTACHMENTS City of Miami 1. STC Award Letter City of MIA FL 2. STC Terms and Conditions City of MIA FL 20CWDSTC00007-01-00 U.S. Department of Homeland Security Washington, DC 20528 Homeland SeCLlY"1t vJ RND SFG�4! March 4, 2020 Lillian Blondet Director, Office of Grants Administration City of Miami Department of Fire - Rescue 444 SW 2nd Avenue, 5th Floor Miami, FL 33130-1910 RE: Agreement No. 20CWD STC000007-0 1 -00 Dear Ms. Blondet: Congratulations! I am pleased to inform you that the Department of Homeland Security (DHS) has approved your Securing the Cities application for a cooperative agreement award. Your application was approved in the amount of $1,977,434. However specific budget line items are restricted until final program and budget details are received and approved by DHS. The restricted lines are Contractual, Other and all backfill costs reflected in the budget. The total approved for release is $1,047,599. As you are aware, the Grants and Financial Assistance Division utilizes the GrantSolutions system, which is an online grants management system. Grantees will be able to access their grant portfolio, submit applications, submit performance and financial status reports, access grant related correspondence, and request amendments. However a user account must be established by completing the form Grantee User Account Form from this link: https://www.grantsolutions.gov/support/registration.html. Accounts should be established for the Program Director and Authorizing Official at your organization, as well as any other users who require access and notifications of award activity. All Grantee User Account forms should be submitted directly to the GrantSolutions Help Desk at: Mpg rantsolutions. ov. We ask that all accounts for relevant staff be established no later than Friday, March 20, 2020. In addition to GrantSolutions, GFAD uses the Department of Health and Human Services (DHHS), Payment Management System (PMS) for payment of funds under all awards. PMS is a full service central payment and cash management system. You are encouraged to immediately complete the required PMS forms. Otherwise payments for any work performed under the grant program will not be processed until these forms are properly submitted to PMS, and an account has been established for your organization. Please note the following: Homeland Security City of Miami Page 12 If your organization has never received grant funds from the DHS Grants and Financial Assistance Division, you must complete the New User and Account Establishment process directly on the PMS site. Additional information may be found at: https:Hpms.psc.gov/grant-recipients/access-newuser.html . When completing the SF 1199A form, Section 2 should contain the following information: Department of Homeland Security, 245 Murray Lane, SW, Washington, DC 20528-0115. If you have received grant funds through this office in the past, you will not be required to submit these forms. However, please contact me to verify your account information prior to accessing funds. Lastly and as a reminder, under the terms and conditions of this award, your organization must maintain an active System for Award Management (SAM) registration at https://www.sam.gov/portal/public/SAM/ The account must remain active until you send the final financial report or until you receive the final payment, whichever is later. If your organization's SAM registration expires during the required period, the Service will suspend payment under this [and all other service] awards to your organization until the registration is updated by your organization. If you have questions concerning this award, please contact the appropriate DHS official listed below. Program/Technical matters - Program Officer, Mr. Michael Simon Email: Michael. SimongHQ.DHS. GOV Phone: (202) 254-7040 Grant/Fiscal related matters - Grant Officer, Ms. Lisa Johnson Email: Lisa.Johnson I gHQ.DHS. GOV Phone: (202) 447-5094 Sincerely, Lisa Johnson Associate Director Grants and Financial Assistance Division U.S. Department of Homeland Security, OPO COOPERATIVE AGREEMENT TERMS AND CONDITIONS GRANTS AND FINANCIAL ASSISTANCE DIVISION (GFAD) In addition to the DHS Standard Terms and Conditions as outlined here: http://www.dhs.gov/publication/fv15- dhs-standard-terms-and-conditions, the following Terms and Conditions apply specifically to this award as administered by the Grants and Financial Assistance Division (GFAD): ARTICLE L GENERAL ADMINISTRATIVE TERMS AND CONDITIONS A. AWARD SPECIFIC TERMS AND CONDITIONS 1. Working drafts of the following documents are due to the DHS STC Federal Program Manager by the time period indicated after the validation date. The validation date will be set after award and will correspond with the region's emplacement of a local initial STC Program Manager. DHS expects work to commence on these documents early in the implementation process. Each document will indicate concurrence by all STC principal partners. DHS STC Program Office will provide templates and significant assistance in the production of these documents. Once finalized, each of the documents should be placed in a periodic review cycle to be updated as the program matures. Regional Strategic Plan - six (6) months from validation date Regional Organization Chart - six (6) months from validation date Committee Charters (if applicable) - six (6) months from validation date Regional Implementation Plan nine (9) months from validation date Regional Operations Plan -twelve (12) months from validation date Regional Multi -Year Training and Exercise Plan -twelve (12) months from validation date Information Exchange Plan 0 eighteen (18)months from validation date Life -Cycle Sustainment Plan - twenty-four (24) months from validation date B. DHS PROGRAMMATIC INVOLVEMENT 1. Work with recipients to identify the appropriate equipment for specific regional operations and procure identified equipment for the region. Primary screening equipment procured by DHS will become the property of the recipient. Secondary screening equipment will remain the property of the Federal government, loaned to the recipients for their use as long as they participate in the STC program, or until the equipment needs to be replaced. DHS will replace the equipment if doing so is in the Government's best interest, based upon the recipient's need, funds availability, and operational/logistical resources. 2. Assist in the establishment of Federal interagency partnerships, collaboration and cooperation for carrying out the project. 3. Provide training and training materials for participating jurisdictions and provide updates to eligible training courses, subject to the availability of funds. 4. Provide technical assistance to STC partners in developing regional operations plan. 5. Attend and participate in appropriate meetings initiated by State and local stakeholders, including meetings of the STC committees, subcommittees, and working groups, as applicable. Subject matter experts may periodically attend, participate and advise local program managers as necessary. 6. Provide technical assistance workshops as deemed necessary by DHS. C. AMENDMENTS AND REVISIONS 1. Budget Revisions a. The Recipient shall obtain prior written approval from the DHS Grants Officer for transfers of funds between direct cost categories in the approved budget when such cumulative transfers among those direct cost categories exceed ten percent of the total budget approved. b. The Recipient shall obtain prior written approval from the DHS Grants Officer for any budget revision that would result in the need for additional resources/funds. c. The Recipient is not authorized at any time to transfer amounts budgeted for direct costs to the indirect costs line item or vice versa, without prior written approval of the DHS Grants Officer. 2. Extension Request a. Extensions to the Period of Performance can only be authorized in writing by the DHS Grants Officer. b. The extension request shall be submitted to the DHS Grants Officer sixty (60) days prior to the expiration date of the performance period. c. Requests for time extensions to the Period of Performance will be considered, but will not be granted automatically, and must be supported by adequate justification in order to be processed. The justification is a written explanation of the reason or reasons for the delay; an outline of remaining resources/funds available to support the extended Period of Performance; and a description of performance measures necessary to complete the project. In addition, extension requests shall not be processed without up-to-date performance and financial status reports. d. DHS has no obligation to provide additional resources/funding as a result of an extension. D. EQUIPMENT 1. Title to equipment acquired by the Recipient with Federal funds provided under this Award shall vest in the Recipient, subject to the conditions pertaining to equipment in the 2 CFR Part 200. 2. Prior to the purchase of Equipment in the amount of $5,000 or more per unit cost, the recipient must obtain the written approval from DHS. 3. For equipment purchased with Award funds having a $5,000 or more per unit cost, the Recipient shall submit an inventory that will include a description of the property; manufacturer model number, serial number or other identification number; the source of property; name on title; acquisition date; and cost of the unit; the address of use; operational condition of the property; and, disposition data, if applicable. This report will be due with the Final Progress Report ninety (90) days after the expiration of the Project Period, and shall be submitted via GrantSolutions using the using the help/Support guidance entitled, "Quicksheet: Add a Grant Note" guidance found here: https://www.grantsolutions.gov/support/granteeUsers.html E. FINANCIAL REPORTS E 1. Quarterly Federal Financial Reports —the Recipient shall submit a Federal Financial Report (SF -425) into the GrantSolutions system no later than thirty (30) days after the end of the reporting period end date. Reports are due on Apr 30, Jul 30, Oct 30, and Jan 30. The report shall be submitted via www.GrantSolutions.gov using the Grant submission guidance entitled, "Grantee Reporting Process: Federal Financial Report" found here: https://www.grantsolutions.gov/support/granteeUsers.html 2. Final Federal Financial Report —the Recipient shall submit the final Federal Financial Report (SF -425) into the GrantSolutions system no later than ninety (90) days after the end of the Project Period end date. The report shall be submitted via www.GrantSolutions.gov using the Grant submission guidance entitled, "Grantee Reporting Process: Federal Financial Report" found here: https://www.grantsolutions.gov/support/granteeUsers.html 3. Quarterly Federal Financial Reports (Cash Transaction) —the Recipient shall submit the Federal Financial Report (SF -425) Cash Transaction Report to the Department of Health and Human Services, Payment Management System. Quarterly Cash Transaction reports shall be submitted no later than 1/30, 4/30, 7/30, and 10/30. F. PAYMENT The Recipient shall be paid in advance using the U.S. Department of Health and Human Services/Payment Management System, provided it maintains or demonstrates the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of the funds from the DHS and expenditure disbursement by the Recipient. When these requirements are not met, the Recipient will be required to be on a reimbursement for costs incurred method. Any overpayment of funds must be coordinated with the U.S. Department of Health and Human Services/Payment Management System. G. PERFORMANCE REPORTS 1. Quarterly Performance Reports — the Recipient shall submit performance reports into the GrantSolutions system no later than thirty (30) days after the end of the reporting period end date. Reports are due on Apr 30, Jul 30 Oct 30, and Jan 30. The report shall be submitted via GrantSolutions using the using the help/Support guidance entitled, "Quicksheet: Add a Grant Note" found here: https://www.grantsolutions.gov/support/granteeUsers.htm1. Please remember to include the program name, report type (ie 1st Quarter program) and award number in the note subject line. a. Performance reports must provide information on the overall progress by quarter. These reports * A comparison of actual accomplishments with the goals and objectives established for the period. * Reasons why established objectives were not met, if applicable. * Other pertinent information including, when appropriate, analysis and explanation of cost b. If the performance report contains any information that is deemed proprietary, the Recipient will denote the beginning and ending of such information with asterisks (******) c. For submission of this information, complete the Performance Progress Report (PPR) found at: http://www.fema.gov/media-library/assets/documents/29485 OMB #0970-0334. 2. Final Performance Report —the Recipient shall submit the Final Performance Report into the GrantSolutions system no later than ninety (90) days after the expiration of the Project Period. The Final Performance Report shall be submitted via GrantSolutions using the help/Support guidance entitled, "Quicksheet: Add a Grant Note" found here: https://www.grantsolutions.gov/support/granteeUsers.htm1. Please remember to include the program name, report type (ie, 1st Quarter Program) and award number in the note subject line. For submission of this information, complete the Performance Progress Report (PPR) found at: http://www.fema.gov/media-library/assets/documents/29485 OMB #0970-0334. H. PERIOD OF PERFORMANCE The approved Project and Budget Periods for the supported activity is contingent upon the following: 1. Acceptable performance of the project as determined by the Department of Homeland Security (DHS); 2. If applicable, acceptance and approval of each non -competing continuation application by the DHS; 3. Subject to the availability of annual DHS appropriated funds. L PRIOR APPROVAL REQUIRED �w The Recipient shall not, without the prior written approval of the DHS, request reimbursement, incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities prior to the approved Budget Period. ARTICLE IL GENERAL TERMS AND CONDITIONS A. ACCESS TO RECORDS. The Recipient shall retain financial records, supporting documents, statistical records, and all other records pertinent to this Award for a period of three years from the date of submission of the final expenditure report. The only exceptions to the aforementioned record retention requirements are the following: 1. If any litigation, dispute, or audit is started before the expiration of the 3 -year period, the records shall be retained until all litigation, dispute or audit findings involving the records have been resolved and final action taken. 2. Records for real property and equipment acquired with Federal funds shall be retained for three (3) years after final disposition. 3. The DHS Grants Officer may direct the Recipient to transfer certain records to DHS custody when he or she determines that the records possess long term retention value. However, in order to avoid duplicate recordkeeping, the DHS Grants Officer may make arrangements for the Recipient to retain any records that are continuously needed for joint use. DHS, the Inspector General, Comptroller General of the United States, or any of their duly authorized representatives, have the right of timely and unrestricted access to any books, documents, papers, or other records of the Recipient that are pertinent to this Award, in order to make audits, examinations, excerpts, transcripts and copies of such documents. This right also includes timely and reasonable access to Recipient's personnel for the purpose of interview and discussion related to such documents. The rights of access in this award term are not limited to the required retention period, but shall last as long as records are retained. With respect to sub -recipients, DHS shall retain the right to conduct a financial review, require an audit, or otherwise ensure adequate accountability of organizations expending DHS funds. Recipient agrees to include in any sub -award made under this Agreement the requirements of this award term (Access to Records). B. COMPLIANCE ASSURANCE PROGRAM OFFICE TERMS AND CONDITIONS The Compliance Assurance Program Office (CAPO) is comprised of the DHS Treaty Compliance Office (TCO), Export Control Group (ECG), and the DHS Regulatory Compliance Office (RCO). The Compliance Assurance Program Manager (CAPM) is the DHS official responsible for overseeing CAPO and implementing procedures to ensure that the Recipient and any Recipient institutions/collaborators under this Award comply with international treaties, federal regulations, and DHS policies for Arms Control Agreements, Biosafety, Select Agent and Toxin Security, Animal Care and Use, the Protection of Human Subjects, Life Sciences Dual Use Research of Concern, and Export Controls. CAPO collects and reviews relevant documentation pertaining to this Award on behalf of the Compliance Assurance Program Manager. Additional guidance regarding the review process is provided in the following sections, along with contact information for the TCO, RCO, and ECG. This guidance applies to the Recipient and any/all Recipient institutions involved in the performance of work under this Award. The Recipient is responsible for ensuring that any/all Recipient institutions and collaborators comply with all requirements and submit relevant documentation, as outlined in sections C—G below, for work being performed under this Award. C. TREATY COMPLIANCE FOR BIOLOGICAL AND CHEMICAL DEFENSE EFFORTS The Recipient and any Recipient institution shall conduct all biological and chemical defense research, development, and acquisition projects in compliance with all arms control agreements of the U.S., including the Chemical Weapons Convention (CWC) and the Biological Weapons Convention (BWC). DHS Directive 041-01, Compliance With, and Implementation of, Arms Control Agreements, requires all such projects to be systematically evaluated for compliance at inception, prior to funding approval, whenever there is significant project change, and whenever in the course of project execution an issue potentially raises a compliance concern. 1. Requirements for Initial Treaty Compliance Review. To ensure compliance with DHS Directive 041-01, for each new biological and/or chemical defense -related effort (including paper and modeling studies) to be conducted under this Award, the Recipient must submit the following documentation for compliance review and certification prior to funding approval: a completed Treaty Compliance Form (TCF), which includes a Project Summary; a BWC Checklist; and/or a CWC Checklist. 2. Requirements for Ongoing Treaty Compliance Review. To ensure ongoing treaty compliance for approved biological and/or chemical defense -related efforts funded through this Award, the Recipient must submit the following documentation for review and approval prior to any significant project change and/or whenever in the course of project execution an issue potentially raises a compliance concern: an updated Treaty Compliance Form and an updated Statement of Work detailing the proposed modification. The proposed project modification must receive written approval from CAPO prior to initiation. Examples of project modifications include – but are not limited to—the addition of agents, a change in performer, modifications to the scope of work, and changes to the technical approach. The Recipient should contact the Treaty Compliance Office (TCO) at treatycompliance@hq.dhs.gov to obtain the TCF template, submit the completed Form, or request additional guidance regarding TCO documentation and review requirements, as applicable to (1) new biological and/or chemical defense - related efforts, or (2) modifications to previously approved efforts. The TCO will review all submitted materials and provide written confirmation of approval to initiate work to the Recipient once the treaty compliance certification process is complete. The Recipient and any Recipient institution shall not initiate any new activities, or execute modifications to approved activities, until receipt of this written confirmation. D. REGULATORY COMPLIANCE FOR BIOLOGICAL LABORATORY WORK The Recipient and any Recipient institution shall conduct all biological laboratory work in compliance with applicable federal regulations; the latest edition of the CDC/NIH Biosafety in Microbiological and Biomedical Laboratories; DHS Directive 066-02, Biosafety; and any local institutional policies that may apply for Recipient institution facilities performing work under this Award. The Regulatory Compliance Office (RCO) will review the submitted Treaty Compliance Form (TCF) for planned work under this Award to determine the applicability of the requirements outlined in this section. The Recipient must contact the RCO at STregulatorycompliance@hg.dhs.gov for guidance on the requirements, and then submit all required documentation based on RCO guidance, prior to the initiation of any biological laboratory work under this Award. 1. Requirements for All Biological Laboratory Work. Biological laboratory work includes laboratory activities involving: (1) recombinant DNA or'rDNA'; (2) Biological Select Agents and Toxins or'BSAT'; or (3) biological agents, toxins, or other biological materials that are non -rDNA and non-BSAT. Each Recipient and any Recipient institution to be conducting biological laboratory work under this Award must submit copies of the following documentation, as required by the RCO after review of the TCF(s), for review prior to the initiation of such work: a. Research protocol(s), research or project plan(s), or other detailed description of the biological laboratory work to be conducted; b. Documentation of project -specific biosafety review for biological laboratory work subject to such review in accordance with institutional policy; c. Institutional or laboratory biosafety manual (may be a related plan or program manual) for each facility/laboratory to be involved in the biological laboratory work; d. Biosafety training program description (should be provided as available in existing policies, plans, and/or manuals for all relevant facilities/laboratories where work is conducted; e. Documentation of the most recent safety/biosafety inspection(s) for each facility/laboratory where the biological laboratory work will be conducted; f. Exposure Control Plan, as applicable; g. Documentation from the most recent Occupational Safety and Health Administration (OSHA) or State Occupational Safety and Health Agency inspection report; a copy of the OSHA Form 300 Summary of Work Related Injuries and Illnesses or equivalent, for the most recent calendar year; and documentation of any OSHA citations or notices of violation received in the past five years; and h. Documentation from the most recent U.S. Department of Transportation (DOT) inspection report; and documentation of any DOT citations or notices of violation received in the past five years. 2. Requirements for Research Involving Recombinant DNA (rDNA). Laboratory activities involving rDNA research are defined by the NIH Guidelines for Research Involving Recombinant DNA Molecules, "NIH Guidelines". Each Recipient and any Recipient institution shall conduct all rDNA work in compliance with the NIH Guidelines. In addition to the documentation referenced in Section B.1 above, each facility conducting research activities involving rDNA under this Award must submit copies of the following documentation to the RCO for review prior to the initiation of such activities: a. Institutional Biosafety Committee (IBC) Charter, and/or other available documentation of IBC policies and procedures; b. Most recent Office of Biotechnology Activities (OBA) acknowledgement letter of the annual IBC Report; c. IBC -approved rDNA research protocol(s); and d. Documentation of final IBC approval for each rDNA research protocol and all subsequent renewals and amendments as they occur. 3. Requirements for Activities Involving Biological Select Agents and Toxins (BSAT). Planned activities involving the possession transfer, and/or use of BSAT must be reviewed by the RCO prior to initiation. This requirement also applies to activities involving select toxins that fall below the Permissible Toxin Limits, both at facilities registered with the National Select Agent Program and at unregistered facilities. Each Recipient and any Recipient institution shall conduct all BSAT work in compliance with all applicable regulations, including 42 CFR § 73, 7 CFR § 331, and 9 CFR § 121, related entity- and laboratory -specific policies and procedures, and DHS Directive 026-03, Select Agent and Toxin Security. In addition to the documentation referenced in Section B.1 above, each facility conducting activities involving BSAT under this Award must submit copies of the following documentation to the RCO for review prior to the initiation of such activities: a. Current APHIS/CDC Certificate of Registration; b. Most recent APHIS/CDC inspection report(s), response(s), and attachment(s); c. Current versions of the Biosafety, Security, and Incident Response Plans required and reviewed under the Select Agent Regulations; and d. Documentation of the most recent annual BSAT facility inspection, as required of the Responsible Official under the Select Agent Regulations. The Recipient should contact the CAPO at STregulatorycompliance@hq.dhs.gov to obtain the RCO Documentation Request Checklist, submit documentation, or request more information regarding the DHS RCO documentation and compliance review requirements. The CAPO will provide written confirmation of receipt of all required documentation to the designated Point(s) of Contact. The CAPO will evaluate the submitted materials, along with available documentation from any previous reviews for related work at the Recipient and Recipient institution. Additional documentation may be required in some cases and must be submitted upon request. The CAPO will review all submitted materials and provide written confirmation to the Recipient once all requirements have been met. CAPO review of submitted materials may determine the need for further compliance review requirements, which may include documentation -based and on-site components. The Recipient, and any Recipient institutions conducting biological laboratory work under this Award, must also comply with ongoing CAPO compliance assurance and review requirements, which may include but are not limited to initial and periodic documentation requests, program reviews, site visits, and facility inspections. The Recipient must promptly report the following to the CAPO, along with any corrective actions taken: (1) any serious or continuing biosafety or BSAT program issues as identified by the APHIS/CDC National Select Agent Program, other compliance oversight authorities, or institutional -level reviews (e.g., IBC or equivalent, laboratory safety/biosafety inspections); (2) any suspension or revocation of the APHIS/CDC Certificate of Registration; and (3) any for -cause suspension or termination of biological, rDNA, or BSAT activities at the laboratories/facilities where DHS -sponsored work is conducted. Foreign Contractors/Collaborators and U.S. Institutions with Foreign Subcomponents. Foreign organizations (including direct Contractors, Subcontractors, Grant Recipients, Sub -recipients, and subcomponents or collaborating partners to U.S. Recipients) are subject to applicable DHS requirements for biological laboratory activities. All entities involved in activities under this Award must comply with applicable national and regional/local regulations, and standards and guidelines equivalent to those described for U.S. institutions (e.g., BMBL and NIH Guidelines). The Recipient must provide CAPO documentation sufficient to illustrate this compliance. The CAPO will evaluate compliance measures for these institutions on a case-by-case basis. The Recipient must not initiate work nor provide funds for the conduct of biological laboratory work under this Award without CAPO's formal written approval. E. RESEARCH INVOLVING ANIMALS The Recipient and any Recipient institution shall conduct all research involving animals under this Award in compliance with the requirements set forth in the Animal Welfare Act of 1966 (P.L. 89-544), as amended, and the associated regulations in 9 C.F.R., Chapter 1, Subchapter A; the Public Health Service (PHS) Policy on Humane Care and Use of Laboratory Animals (which adopts the "U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training", 50 FR 20864, May 20, 1985); the National Research Council (NRC) Guide for the Care and Use of Laboratory Animals; the Federation of Animal Science Societies (FASS) Guide for the Care and Use of Agricultural Animals in Agricultural Research and Teaching; and any additional requirements set forth in the DHS Directive for the Care and Use of Animals in Research (026-01). Each Recipient and any Recipient institution planning to perform research involving animals under this Award must comply with the requirements and submit the documentation outlined in this section. 1. Requirements for Initial Review of Research Involving Animals. Research Involving Animals includes any research, experimentation, biological testing, and other related activities involving live, vertebrate animals, including any training for such activities. Each facility conducting research involving animals under this Award must submit copies of the following documentation to the CAPO for review prior to the initiation of such research: a. Institutional Animal Care and Use Committee (IACUC)-approved animal research protocol(s), including documentation of IACUC approval, any protocol amendments, and related approval notifications; b. Public Health Service (PHS) Animal Welfare Assurance, including any programmatic amendments, and the most recent NIH Office of Laboratory Animal Welfare (OLAW) approval letter for each Recipient and Recipient institution; OR DHS Animal Welfare Assurance, if the Recipient is not funded hu tha PHS anrd rdnac not haus a PHS Accuranra nn fila With ni AVV Anu affiliatard IACI ICc mutt hi- c. ac. Most recent IACUC semiannual program review and facility inspection reports covering all relevant facilities/laboratories involved in DHS -funded work; and d. Most recent Association for Assessment and Accreditation of Laboratory Animal Care (AAALAC) inspection report(s) for AAALAC-accredited institution(s) housing and/or performing work involving animals under this Award. All documentation, as well as any questions or concerns regarding the requirements referenced above, should be submitted to the CAPO at STregulatorycompliance@hq.dhs.gov. Additional documentation may be required in some cases and must be submitted upon request. The CAPO will review all submitted materials and provide written confirmation to the Recipient once all documentation requirements have been met. Upon receipt of this written confirmation, the Recipient may initiate approved animal research projects under this Award, but must address any potential compliance issues or concerns identified by the CAPO. Research involving the use of nonhuman primates or international collaborations involving animal research will require more extensive review prior to approval, and must not begin under this Award without first obtaining a formal certification letter from the CAPO. The Recipient, as well as any Recipient institution and partner institutions conducting animal research under this Award, shall also comply with ongoing CAPO compliance assurance functions, which may include but are not limited to periodic site visits, program reviews, and facility inspections. 2. Requirements for Ongoing Review of Research Involving Animals. For ongoing animal research The Recipient must promptly report the following to the CAPO, along with any corrective actions taken: (1) any serious or continuing noncompliance with animal care and use regulations and policies adopted by DHS (as referenced above); (2) any change in AAALAC accreditation status; (3) any USDA Notice of Violation; and (4) IACUC suspension of any animal research activity conducted under this Award. Foreign Contractors/Collaborators and U.S. Institutions with Foreign Subcomponents. Foreign organizations (including direct Contractors, Subcontractors, Grant Recipients, Sub -recipients, and subcomponents or collaborating partners to U.S. Recipients) are subject to all DHS requirements for work involving animals. All entities involved in activities under this Award must comply with applicable national and regional/local regulations, and standards and guidelines equivalent to those described for U.S. institutions (e.g., Title 9, C.F.R, Chapter 1, Subchapter A; Public Health Service Policy on Humane Care and Use of Laboratory Animals; the Guide for the Care and Use of Laboratory Animals; and the Guide for the Care and Use of Agricultural Animals in Agricultural Research and Teaching). The Recipient must provide CAPO documentation sufficient to illustrate this compliance. The CAPO will evaluate compliance measures for these institutions on a case-by-case basis to determine their sufficiency. The Recipient must not initiate nor provide funds for the conduct of work involving animals at foreign institutions under this Award without formal written approval from the CAPO. F. REGULATORY REQUIREMENTS FOR LIFE SCIENCES DUAL USE RESEARCH OF CONCERN (DURC) The Recipient and any Recipient institutions shall conduct all research involving agents and toxins identified in sections 111.1 and 6.2.1 of the USG Policy for Oversight of Dual Use Research of Concern and USG Policy for the Institutional Oversight of Dual Use Research of Concern, respectively, in accordance with both policies referenced above and in accordance with any additional requirements set forth in related DHS policies and instructions. Each Recipient and any Recipient institutions planning to perform 1. Requirements for Research Using DURC Agents and Toxins. To ensure compliance with the USG DURC Policies, each facility conducting research involving the agents and toxins identified in sections 111.1 and 6.2.1 of the USG DURC Policies under this Award must submit the following documentation for compliance review by CAPO prior to the initiation of such activities. a. Institutional Review Entity (IRE) charter, and/or other available documentation of IRE policies and procedures, to include the contact information for the Institutional Contact for DURC (ICDUR); b. Institution's project -specific risk mitigation plan, as applicable; c. DURC training or education program description; d. Formal annual assurance of compliance with the USG Policy for Institutional Oversight of Life Sciences Dual Use Research of Concern; e. A completed iDURC form and a Statement of Work. 2. Required Notifications to DHS: a. Within 30 calendar days of initial and periodic reviews of institutional review of research with DURC potential, notify CAPO of the results, including whether the research does or does not meet the DURC definition. Flowdown Requirements: The Recipient shall include the substance of this section in all sub- awards/contracts at any tier where the sub -Recipient is performing work with agents or toxins identified in sections 111.1 of the USG Policy for Oversight of Dual Use Research of Concern and 6.2.1 of the USG Policy for the Institutional Oversight of Dual Use Research of Concern. The Recipient should contact CAPO at STregulatorycompliance@hq.dhs.gov to submit documentation or In order to meet the reporting requirements set forth in section IV.2 of the 2012 USG Policy for Oversight of Life Sciences Dual Use Research of Concern (the biannual DURC Data Call), the Recipient and any Recipient institution shall submit documentation regarding all active, planned or recently completed (within twelve months of the submission) unclassified intramural or extramural activities on Federally - funded or conducted life science research projects biannually on the first Monday in May and November. The Recipient should contact CAPO at STregulatorycompliance@hq.dhs.gov to submit documentation. Documentation should include an update on all listed activities, including status, all agents or toxins incorporated by strain or surrogate name, performers, contract information, and sites of activities. Documentation should also include any changes to existing or completed projects since the most recent submission, including—but not limited to—the addition of agents, a change in performer, modifications to the scope of work, and/or changes to the technical approach. A supplemental report detailing all work involving low pathogenic avian influenza virus H7N9 (LPAI H7N9) and Middle East Respiratory Syndrome Coronavirus (MERS-CoV). Foreign Contractors/Collaborators and U.S. Institutions with Foreign Subcomponents. Foreign organizations (including direct Contractors, Subcontractors, Grant Recipients, Sub -recipients, and subcomponents or collaborating partners to U.S. Recipients) are subject to the iDURC policy. The Recipient must provide CAPO documentation sufficient to illustrate this compliance. CAPO will evaluate compliance measures for these institutions on a case-by-case basis. The Recipient must not initiate work nor provide funds for the conduct of biological laboratory work under this Award without CAPO's formal written approval. G. REGULATORY REQUIREMENTS FOR RESEARCH INVOLVING HUMAN SUBJECTS The Recipient and any Recipient institutions shall conduct all Research Involving Human Subjects in compliance with the requirements set forth in 45 C.F.R. § 46, Subparts A -D, DHS Directive 026-04, Protection of Human Subjects, and any related DHS policies and instructions prior to initiating any work with human subjects under this Award. Each Recipient and any Recipient institutions planning to perform research involving human subjects under this Award must submit the documentation outlined in this section for CAPO review. 1. Requirements for Research Involving Human Subjects. Each facility conducting work involving human subjects under this Award is required to have a project -specific Certification of Compliance letter issued by the CAPO. Each Recipient must submit the following documentation to the CAPO for compliance review and certification prior to initiating research involving human subjects under this Award: a. Research protocol, as approved by an Institutional Review Board (IRB), for any human subjects research work to be conducted under this Award; b. IRB approval letter or notification of exemption (see additional information below on exemption determinations), for any human subjects research work to be conducted under this Award; c. IRB-approved informed consent document(s) (templates) or IRB waiver of informed consent for projects involving human subjects research under this Award; and d. Federal -wide Assurance (FWA) number from the HHS Office for Human Research Protections (OHRP), or documentation of other relevant assurance, for all Recipient institutions (including Sub - recipients) involved in human subjects research under this Award. 2. Exemptions for Research Involving Human Subjects. Exemption determinations for human subject research to be conducted under this Award should only be made by authorized representatives of (1) an OHRP-registered IRB, or equivalent, or (2) the CAPO. Exemption determinations made by an OHRP- registered IRB, or equivalent, should be submitted to the CAPO for review and record-keeping. Program managers, principal investigators, research staff, and other DHS or institutional personnel should not independently make exemption determinations in the absence of an IRB or CAPO review. DHS program managers (or institutions conducting human subjects' research under this Award) seeking an exemption determination from the CAPO should submit a request to STregulatorycompliance@hq.dhs.gov that includes the following: a. Research protocol or detailed description of planned activities to be conducted under this Award. b. Identification of the exemption category that applies to the project(s) to be conducted under this Award and explanation of why the proposed research meets the requirements for that category of All documentation, as well as any questions or concerns regarding the requirements referenced above, should be submitted to the CAPO at STregulatorycompliance@hq.dhs.gov. The submitted documentation will be retained by the CAPO and used to conduct a regulatory compliance assessment. Additional documentation may be required in some cases to complete this assessment. The Recipient must provide this documentation upon request, and address in writing any compliance issues or concerns raised by the CAPO before a certification letter is issued and participant enrollment can begin under this Award. The CAPO will review all submitted materials and provide written confirmation to the Recipient once all documentation requirements have been met. The Recipient and any Recipient institution shall submit updated documentation regarding ongoing research involving human subjects, as available and prior to the expiration of previous approvals. Such documentation includes protocol modifications, IRB renewals for ongoing research protocols ("Continuing Reviews"), and notifications of study completion. The Recipient must promptly report the following to the CAPO, along with any corrective actions taken: (1) any serious or continuing noncompliance with human subjects research regulations and policies adopted by DHS (as referenced above); and (2) suspension, termination, or revocation of IRB approval of any human subjects research activities conducted under this Award. Foreign Contractors/Collaborators and U.S. Institutions with Foreign Subcomponents. Foreign organizations (including direct Contractors, Subcontractors, Grant Recipients, Sub -recipients, and subcomponents or collaborating partners to U.S. Recipients) are subject to all DHS and CAPO requirements for research involving human subjects. All entities involved in activities under this Award must comply with applicable national and regional/local regulations, and standards and guidelines equivalent to those described for U.S. institutions (e.g., 45 C.F.R. § 46, including all Subparts, as relevant). The CAPO will evaluate compliance measures for these institutions on a case-by-case basis to determine their sufficiency. The Recipient must not initiate nor provide funds for the conduct of work involving human subjects at foreign institutions under this Contract without formal written approval from the CAPO. H. COMPLIANCE WITH U.S. EXPORT CONTROLS Activities performed by the Recipient and any Recipient institution under this Award may or may not be subject to U.S. export control regulations. The Recipient and any Recipient institution shall conduct all such activities, to include any and all DHS -funded research and development, acquisitions, and collaborations in full compliance with U.S. export controls—to include the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and the Office of Foreign Assets Control (OFAC) Regulations. The Recipient and any Recipient institution will ensure that all legal requirements for compliance with U.S. export controls are met prior to transferring commodities, technologies, technical data, or other controlled information to a non -U.S. person or entity. Upon DHS request, the Recipient and any Recipient institution must provide to CAPO documentation and any other information necessary to determine satisfaction of this requirement. All documentation, as well as any questions or concerns regarding export controls, should be submitted to the CAPO at exportcontrols@hq.dhs.gov. L CONTROLLED UNCLASSIFIED INFORMATION The parties understand that information and materials provided pursuant to or resulting from this Award may be export controlled, sensitive, for official use only, or otherwise protected by law, executive order or regulation. The Recipient is responsible for compliance with all applicable laws and regulations. Nothing in this Award shall be construed to permit any disclosure in violation of those restrictions. J. PATENT RIGHTS AND DATA RIGHTS Patent rights. The Recipient is subject to applicable regulations governing patents and inventions, including government - wide regulations issued by the Department of Commerce at 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements." The clause at 37 CFR 401.14 is incorporated by reference herein. All reports of subject inventions made under this Award should be submitted to DHS using the Interagency Edison system website at http://@hq.dhs.gov. Data rights. 1. General Requirements. The Recipient grants the Government a royalty free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in: a. Any data that is first produced under this Award and provided to the Government; b. Any data owned by third parties that is incorporated in data provided to the Government under this Award; or c. Any data requested in paragraph 2 below, if incorporated in the Award. "Data" means recorded information, regardless of form or the media on which it may be recorded. 2. Additional requirement for this Award. a. Requirement: If the Government believes that it needs additional research data that was produced under this Award, the Government may request the research data and the Recipient agrees to provide the research data within a reasonable time. b. Applicability: The requirement in paragraph 2.a of this section applies to any research data that are: i. Produced under this Award, either as a Recipient or sub -recipient; ii. Used by the Government in developing an agency action that has the force and effect of law; and iii. Published, which occurs either when: 1) The research data is published in a peer-reviewed scientific or technical journal; or 2) DHS publicly and officially cites the research data in support of an agency action that has the force and effect of law c. Definition of "research data:" For the purposes of this section, "research data:" i. Means the recorded factual material (excluding physical objects, such as laboratory samples) commonly accepted in the scientific community as necessary to validate research findings. ii. Excludes: 1) Preliminary analyses; 2) Drafts of scientific papers; 3) Plans for future research; 4) Peer reviews; 5) Communications with colleagues; 6) Trade secrets; 7) Commercial information; similar information which is protected under law; and 9) Personnel and medical information and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, such as information that could be used to identify a particular person in a research study. d. Requirements for sub -awards: The Recipient agrees to include in any sub -award made under this Agreement the requirements of this award term (Patent Rights and Data Rights) and the DHS Standard Terms and Conditions award term (Copyright). K PROGRAM INCOME Post -award program income: In the event program income becomes available to the recipient post -award, it is the recipient's responsibility to notify the DHS Grants Officer to explain how that development occurred, as part of their request for guidance and/or approval. The Grant Officer will review approval requests for program income on a case-by-case basis; approval is not automatic. Consistent with the policy and processes outlined in §200.307, pertinent guidance and options, as determined by the type of recipient and circumstances involved, may be approved by the Grant Officer. If approval is granted, an award modification will be issued with an explanatory note in the remarks L. PUBLICATIONS 1. All publications produced as a result of this funding which are submitted for publication in any magazine, journal, or trade paper shall carry the following: a. Acknowledgement. "This material is based upon work supported by the U.S. Department of Homeland Security under Grant Award Number, {insert Award Number as outlined in Item #4 on Notice of Award cover page}." b. Disclaimer. "The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security." Recipient agrees to include in any sub -award made under this Agreement the requirements of this award term (Publications). 2. Enhancing Public Access to Publications. "DHS Policy explicitly recognizes and upholds the principles of copyright. Authors and journals can continue to assert copyright in DHS -funded scientific publications, in accordance with current practice. The policy encourages authors to exercise their right to give DHS a copy of their final manuscript or software before publication. While individual copyright arrangements can take many forms, DHS encourages investigators to sign agreements that specifically allow the manuscript or software to be deposited with DHS for public posting or use after journal publication. Institutions and investigators may wish to develop particular contract terms in consultation with their own legal counsel, as appropriate. But, as an example, the kind of language that an author or institution might add to a copyright agreement includes the following: "Journal (or Software recipient) acknowledges that the Author retains the right to provide a final copy of the final manuscript or software application to DHS upon acceptance for Journal publication or thereafter, for public access purposes through DHS's websites or for public archiving purposes." M. SITE VISITS The DHS, through authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by the DHS on the premises of the Recipient, or a contractor under this Award, the Recipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. N. TERMINATION Either the Recipient or the DHS may terminate this Award by giving written notice to the other party at least thirty (30) calendar days prior to the effective date of the termination. All notices are to be transmitted to the DHS Grants Officer via registered or certified mail, return receipt requested. The Recipient's authority to incur new costs will be terminated upon arrival of the date of receipt of the letter or the date set forth in the notice. Any costs incurred up to the earlier of the date of the receipt of the notice or the date of termination set forth in the notice will be negotiated for final payment. Closeout of this Award will be commenced and processed pursuant to 2 CFR §200.339. O. TRAVEL Travel required in the performance of the duties approved in this Award must comply with 2 CFR § 200.474. Foreign travel must be approved by DHS in advance and in writing. Requests for foreign travel identifying the traveler, the purpose, the destination, and the estimated travel costs must be submitted to the DHS Grants Officer sixty (60) days prior to the commencement of travel. P. CLASSIFIED SECURITY CONDITION 1. "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 2. No funding under this award shall be used to support a contract, sub -award, or other agreement for goods or services that will include access to classified national security information if the award recipient itself has not been approved for and has access to such information. 3. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, sub -award, or other agreement for goods or services that will include access to classified national security information by the contractor, sub-awardee or other entity without prior written approval from the DBS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. 4. Such contracts, sub -awards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by State and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.gov/xopnbiz/grants/index.shtm 5. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, sub -award, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, sub -award, or other agreement, the award recipient shall contact ISPB, or the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: DD254AdministrativeSecurity@dhs.Gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 L_Q. GOVERNING PROVISIONS The following are incorporated into this Award by this reference: 31 CFR 205 Rules and Procedures for Funds Transfers 2 CFR Part 200 Uniform Administrative Requirement, Cost Principles, and Audit Requirements for Federal Awards Application Grant Application and Assurances dated 10/21/2019 R. ORDER OF PRECEDENCE 2 C.F.R. Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." 2. The terms and conditions of this Award 3. The Funding Opportunity, DHS -ST -19 -106 -STC -0001, Securing the Cities Program 4. Application and Assurances dated 10/21/2019, as revised 1/30/2020