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HomeMy WebLinkAboutBack-Up DocumentsAward Letter U.S. Department of Homeland Security Washington, D.C. 20472 :1r r} Erik Sanchez City of Miami - Florida Task Force II 444 SW 2ND Avenue, 10th Floor Miami, FL 33130 - Re: Grant No. EMW-2022-CA-00057 Dear Erik Sanchez: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2022 National Urban Search & Rescue (US&R) Response System Readiness Cooperative Agreement has been approved in the amount of $1,332,150.00. You are not required to match this award with any amount of non -Federal funds. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2022 National Urban Search & Rescue (US&R) Response System Readiness Cooperative Agreement Notice of Funding Opportunity. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please log in to the ND Grants system at https://portal.fema.gov. Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub -menu, and then click the link for "Award Offer Review" tasks. This link will navigate you to Award Packages that are pending review. Step 3: Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records. System for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular, your organization's name, address, Unique Entity Identifier (UEI) number, EIN and banking information. Please ensure that the UEI number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management is located at http://www.sam.gov. If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in the payment process. CHRISTOPHER PATRICK LOGAN GPD Assistant Administrator Agreement Articles Thu Sep 01 00:00:00 GMT 2022 U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES National Urban Search & Rescue (US&R) Response System Readiness Cooperative Agreement GRANTEE: City of Miami - Florida Task Force II PROGRAM: National Urban Search & Rescue (US&R) Response System Readiness Cooperative Agreement AGREEMENT NUMBER: EMW-2022-CA-00057-S01 TABLE OF CONTENTS Article I DHS Standard Terms and Conditions Generally Article II Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Article III General Acknowledgements and Assurances Article IV Acknowledgement of Federal Funding from DHS Article V Activities Conducted Abroad Article VI Age Discrimination Act of 1975 Article VI Americans with Disabilities Act of 1990 Article VIII Best Practices for Collection and Use of Personally Identifiable Information Article IX Civil Rights Act of 1964 - Title VI Article X Civil Rights Act of 1968 Article XI Copyright Article XI Debarment and Suspension Article XIII Drug -Free Workplace Regulations Article XIV Duplication of Benefits Article XV Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Article XVI Energy Policy and Conservation Act Article XVII False Claims Act and Program Fraud Civil Remedies Article XVIII Federal Debt Status Article XIX Federal Leadership on Reducing Text Messaging while Driving Article XX Fly America Act of 1974 Article XXI Hotel and Motel Fire Safety Act of 1990 Article XXII John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article XXIII Limited English Proficiency (Civil Rights Act of 1964 - Title VI) Article XXIV Lobbying Prohibitions Article XXV National Environmental Policy Act Article XXVI Nondiscrimination in Matters Pertaining to Faith -Based Organizations Article XXVII Non -Supplanting Requirement Article XXVIII Notice of Funding Opportunity Requirements Article XXIX Patents and Intellectual Property Rights Article XXX Procurement of Recovered Materials Article XXXI Rehabilitation Act of 1973 Article XXXII Reporting of Matters Related to Recipient Integrity and Performance Article XXXIII Reporting Subawards and Executive Compensation Article XXXIV Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article XXXV SAFECOM Article XXXVI Terrorist Financing Article XXXVII Trafficking Victims Protection Act of 2000 (TVPA) Article XXXVIII Universal Identifier and System of Award Management Article XXXIX USA PATRIOT Act of 2001 Article XL Use of DHS Seal, Logo and Flags Article XLI Whistleblower Protection Act Article XLII Environmental Planning and Historic Preservation (EHP) Review Article XLIII Applicability of DHS Standard Terms and Conditions to Tribes Article XLIV Acceptance of Post Award Changes Article XLV Disposition of Equipment Acquired Under the Federal Award Article XLVI Prior Approval for Modification of Approved Budget Article XLVII Indirect Cost Rate Article XLVIII Program Income Article XLIX Cooperative Agreement Article L Renovation and Modification Costs Article LI Warehouse Leases Article LII Performance Goals Article I - DHS Standard Terms and Conditions Generally The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fyl5-dhs-standard-terms-and-conditions. Article II - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non -Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002. III. By accepting this agreement, recipients,andtheirexecutives,as defined in 2 C.F.R.section170.315, certifythat their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article III - General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass -through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to Civil RightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to Civil RightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article IV - Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article V - Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article VI - Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article VII - Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101 - 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article VIII - Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article IX - Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article X - Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units - i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) - be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article XI - Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article XII - Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XIII - Drug -Free Workplace Regulations Recipients must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106). Article XIV - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XV - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Article XVI - Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XVII - False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. sections 3801-3812, which details the administrative remedies for false claims and statements made.) Article XVIII - Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XIX - Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government. Article XX - Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article XXI - Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a. Article XXII - John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute - as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article XXIII - Limited English Proficiency (Civil Rights Act of 1964 - Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article XXIV - Lobbying Prohibitions Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XXV - National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXVI - Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article XXVII - Non -Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XXVIII - Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XXIX - Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. Article XXX - Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XXXI - Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973) (codified as amended at 29 U.S.C. section 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article XXXII - Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXIII - Reporting Subawards and Executive Compensation Reporting of first tier subawards: Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXIV - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. See also Office of Management and Budget (OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States --this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States --this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the OMB Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described. For awards by the Federal Emergency Management Agency (FEMA), existing waivers are available and the waiver process is described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. For awards by other DHS components, please contact the applicable DHS FAO. To see whether a particular DHS federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please either contact the applicable DHS FAO, or for FEMA awards, please see Proarams and Definitions: Build America. Buv America Act I FEMA.aov. Article XXXV - SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article XXXVI - Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article XXXVII - Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons: Recipients must comply with the requirements of the government -wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference. Article XXXVIII - Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article XXXIX - USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. sections 175-175c. Article XL - Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XLI - Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310. Article XLII - Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. In order to initiate EHP review of your project(s), you must submit a detailed project description along with supporting documentation. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immediately cease work in that area and notify the pass -through entity, if applicable, and DHS/FEMA. Article XLIII -Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article XLIV - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@fema.dhs.gov if you have any questions. Article XLV - Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non -state recipient or non -state subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition requirements in accordance with state laws and procedures. Article XLVI - Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non -construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non -construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article XLVII - Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article XLVIII - Program Income Per 2 CFR section 200.307, recipients are encouraged to earn income to defray program costs where appropriate. Program income means gross income earned by the recipient that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance except as provided in 2 CFR section 200.307 paragraph (f).Program income includes but is not limited to income from fees for services performed, the use or rental of real or personal property acquired under Federal awards, the sale of commodities or items fabricated under a Federal award, and principal and interest on loans made with Federal award funds. Interest earned on advances of Federal funds is not program income. Except as otherwise provided in Federal statutes, regulations, or the terms and conditions of the Federal award, program income does not include rebates, credits, discounts, and interest earned on any of them. When the recipient earns program income under this cooperative agreement, this program income must be added to the Federal award as described by 2 CFR section 200.307(e)(2)). The program income must be used for the purposes and under the conditions of the Federal award. Article XLIX - Cooperative Agreement Program authority and responsibility under this cooperative agreement resides with FEMA and the recipient, consistent with the terms of the award, including the Notice of Funding Opportunity. FEMA will work with the recipient to review and refine work plans to ensure program goals and objectives can be effectively accomplished. The recipient and its subrecipients shall not develop or engage in the development of tasks not approved in recipient's application without post -award approval from the FEMA program office, and the issuance of a Grant Amendment from FEMA. FEMA will monitor the project on a continual basis by maintaining ongoing contact with the recipient and will provide input to the program's direction, in consultation with the recipient, as needed. Article L - Renovation and Modification Costs Except for minor renovations and modifications of existing warehouse facilities that do not change the footprint of the structure, construction and renovation costs are not allowed. Examples of permissible minor renovation and modification costs include but are not limited to office/storage space build-ouVreconfiguration, ceilings, loading docks/doors, lighting, HVAC, and security fencing. The National US&R Branch approval is required for reimbursement of renovation and modification costs. The purpose of allowing minor renovation and modification costs is to ensure the equipment cache is maintained as required under the National Urban Search and Rescue Response program. See 42 U.S.C. section 5165f(I)(2); 44 C.F.R. section 208.23(c)(4). Article LI -Warehouse Leases Task force management is reminded you may only use cooperative agreement funds to pay for warehouse leases for a twelve month consecutive period within the overall period of performance and that there is no guarantee of cooperative agreement funding in future years. See Section VI, Cooperative Agreement Funding at pages 3-4. Task forces may write contracts with an available fund's clause or option years for protection. Article LII - Performance Goals The objective of the FY 2022 National Urban Search and Rescue (US&R) Response System (the System) is to provide funding for 28 national task forces staffed and equipped to assist State and local governments to conduct around -the - clock search -and -rescue operations following a Presidentially declared major disaster or emergency under the Stafford Act. FEMA will measure the effectiveness of the Cooperative Agreement program by comparing the input of federal resources used to sustain readiness of the System and local jurisdictions to respond and deploy to no -notice and notice events within the timeframes specified for each particular category of incident and locality upon having received a request from the Authority Having Jurisdiction. In addition, FEMA will evaluate whether the recipientAls activities provided for the sustainment and readiness of the System and local jurisdiction in support of OHS Mission 5, Goal 5.1: Enhance National Readiness, which seeks to reduce the vulnerability of individuals and families and mitigate risks to communities. In order to measure performance, FEMA may request information throughout the period of performance and in response to the recipientAls final performance report submitted at closeout. BUDGET COST CATEGORIES Personnel $861,973.00 Fringe Benefits $25,099.00 Travel $69,300.00 Equipment $199,530.00 Supplies $19,750.00 Contractual $156,498.00 Construction $0.00 Indirect Charges $0.00 Other $0.00 Obligating Document for Award/Amendment 1 a. AGREEMENT NO. 2. AMENDMENT NO. 3. EMW-2022-CA-00057-SO 1 * * * RECIPIENT NO. N/A 6. RECIPIENT NAME AND 7. ISSUING FEMA OFFICE AND ADDRESS ADDRESS City of Miami - Florida Task FEMA-GPD Force II 400 C Street, SW, 3rd floor 444 SW 2ND Avenue, loth Washington, DC 20472-3645 Floor POC: 866-927-5646 Miami, FL, 33130 - 4. TYPE OF ACTION 5. CONTROL NO. AWARD WX05431N2022T , WX05432N2022T , WX05430N2022T 8. PAYMENT OFFICE AND ADDRESS FEMA Finance Center 430 Market Street Winchester, VA 22603 9. NAME OF RECIPIENT PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER (786)554-3155 Central Scheduling and Information Desk Erik Sanchez Phone: 800-368-6498 Email: Askcsid@dhs.gov 11. EFFECTIVE DATE OF 12. 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement From: To: 09/22/2022 OF 09/01 /2022 08/31 /2025 PAYMENT Budget Period PARS 09/01 /2022 08/31 /2025 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR NAME (ACCS CODE) TOTAL ACRONYM XXXX-XXX-XXXXXX- AWARD XXXXX-XXXX-XXXX-X National Urban 97.025 2022-OS-A392-D60D--4101-D Search & Rescue (US&R) Response System Readiness Cooperative Agreement National Urban 97.025 2022-OS-A392-D60D--4101-D Search & Rescue (US&R) Response System Readiness Cooperative Agreement National Urban 97.025 2022-OS-A392-D60D--4101-D Search & Rescue (US&R) Response System Readiness Cooperative Agreement AMOUNT CURRENT AWARDED TOTAL THIS AWARD ACTION + OR (-) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,332,150.00 $1,332,150.00 CUMULATIVE NON- FEDERAL COMMITMENT See Totals See Totals See Totals $0.00 $1,332,150.00 $1,332,150.00 $0.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A 16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) National Urban Search & Rescue (US&R) Response System Readiness Cooperative Agreement recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE Thu Sep 22 13:26:48 GMT Z' �.�� .. 2022 CHRISTOPHER PATRICK LOGAN, GPD Assistant Administrator SAMPLE COVER LETTER FOR COPERATIVE AGREEMENT APPLICATION 7/20/2022 US Department of Homeland Security Federal Emergency Management Agency Grants Management Branch Attn: Ms. Tawana Mack 800 K Street NW - Rm: S430-5 Washington, DC 20472 Dear Ms. Mack: Enclosed is the US&R application of City of Miami Fire -Rescue Department for the year 2020 Department of Homeland Security/FEMA, Urban Search & Rescue Cooperative Agreement for a total of $1,222,631. The following items have been completed electronically within ND Grants: 0 1. Application for Federal Assistance, SF 424 0 2. Budget Information -Non Construction Programs FEMA form SF 424A 0 3. Summary sheet for Assurances and Certifications, SF 424 B 0 4. SF GG/SF LLL - Lobbying Activities The following are included in the Narrative Statement (FEMA Wkbk 089-0-10) and attached with the Application: 0 5. Preparer & Contact Information Sheet 7 6. Budget Narrative (Budget Summary Sheet, four cost categories and Budget Totals) 0 7. Position Descriptions for all Staff paid by the Cooperative Agreement The following are submitted as additional attachments: 0 8. Single Audit Report for FY2021/Corrective Action Plan ❑ 9. Indirect Cost Rate Agreement El 10. Specifications for all rolling transportation ❑ 11. Pre -Award Cost Request and Approval Please call Capt. Erik Sanchez at (786)554-3155 or email at ErikSanchez@miamigov.com or Miroslava Musser at (786) 236-7599 or email at mirosmusser@miamigov.com for any other information that you may need. Sincerely, Erik Sanchez, Fire Captain US&R Program Manager City of Miami Fire -Rescue Florida Task Force 11 FAIT . ' VBN Confirmation Thank you for submitting your grant application package via Grants.gov. Your application is currently being processed by the Grants.gov system. Once your submission has been processed, Grants.gov will send email messages to advise you of the progress of your application through the system. Over the next 24 to 48 hours, you should receive two emails. The first will confirm receipt of your application by the Grants.gov system, and the second will indicate that the application has either been successfully validated by the system prior to transmission to the grantor agency or has been rejected due to errors. Please do not hit the back button on your browser. If your application is successfully validated and subsequently retrieved by the grantor agency from the Grants.gov system, you will receive an additional email. This email may be delivered several days or weeks from the date of submission, depending on when the grantor agency retrieves it. You may also monitor the processing status of your submission within the Grants.gov system by clicking on the "Track My Application" link listed at the end of this form. Note: Once the grantor agency has retrieved your application from Grants.gov, you will need to contact them directly for any subsequent status updates. Grants.gov does not participate in making any award decisions. IMPORTANT NOTICE: If you do not receive a receipt confirmation and either a validation confirmation or a rejection email message within 48 hours, please contact us. The Grants.gov Contact Center can be reached by email at supportagrants.gov, or by telephone at 1-800-518-4726. Always include your Grants.gov tracking number in all correspondence. The tracking numbers issued by Grants.gov look like GRANTXXXXXXXXX. If you have questions please contact the Grants.gov Contact Center: supportagrants.gov 1-800-518-4726 24 hours a day, 7 days a week. Closed on federal holidays. The following application tracking information was generated by the system: Grants.gov Tracking Number: UEL Submitter's Name: CFDA Number: CFDA Description: Funding Opportunity Number: Funding Opportunity Description: Agency Name: Application Name of this Submission: Date/Time of Receipt: GRANT13709464 KJT5RFPMWTK5 Lillian Blondet 97.025 National Urban Search and Rescue (US&R) Response System DHS-22-DOD-025-00-01 Fiscal Year (FY) 2022 National Urban Search & Rescue (US&R) Response System Department of Homeland Security - FEMA City of Miami US & R FY 2022 Sep 08, 2022 12:12:02 PM EDT TRACK MY APPLICATION — To check the status of this application, please click the link below: https:Happly07.grants.gov/apply/spoExit. sp?pTweb/grants/applicants/track-my-application.html&tracking_num=GRANT13709464 It is suggested you Save and/or Print this response for your records. WORKSPACE FORM SUPPORT@GRANTS GOV This Workspace form is one of the forms you need to complete prior to submitting your Application Package. This form can be completed in its entirety offline using Adobe Reader. You can save your farm by clicking the "Save" button and see any errors by clicking the "Check For Errors" button. In -progress and completed forms can be uploaded at any time to Grants.gov using the Workspace feature. When you open a form, required fields are highlighted in yellow with a red border Optional fields and completed fields are displayed In white. If you enter invalid or incomplete information in a field, you will receive an error message. Additional Instructions and FAQs about the Application Package can be found in the Grants.gcv Applicants tab. Opportunity Number: DHS-22-DOD-025-00-01 Opportunity Title: fiscal Year (FY) 2022 National Urban Search & Rescue (US&R) Response System Opportunity Package ID: PKGO0276663 CFDA Number: 97.025 CFDA Description: National Urban Search and Rescue (US&R) Response System Competition ID: Competition Title: Opening Date: 09/08/2022 Closing Date: 09/13/2022 Agency: Department of Homeland Security - EEMA Contact Information: centralized Scheduling and Information Desk (CSID) Phone: (800) 368-6496 E-mail: askcsid0fema.dh5.gov m- r Workspace ID: WS00968222 Application Filing Name: City of Miami US & R FY 2022 LJEI: RJT5RFPMWTI{5 Organization: MIAMI, CITY OF Form Name: Application for Federal Assistance (SF-424) Form Version: 4,0 Requirement: Mandatory Download Date/Time: Sep 08, 2022 11:40:58 AM EDT Form state: No Errors m OMB Number: 4040-0004 Expiration Date: 12/3112022 Application for Federal Assistance SF-424 1. Type of Submission: ❑ Preapplication ® Application Charged/Corrected Application * 2. Type of Application: ° If Revision, select appropriate letter(s): ® New ❑ Continuation other (Specify): ❑ Revision * 3. Date Received; 4. Applicant Identifier: Campleted I Grarits.goV upon suhmisslor 5a Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: a. Date Received by State: 7 State Application Identifier: 8. APPLICANT INFORMATION: * a. Legal Name'. city of Miami * b. Employer/Taxpayer Identification Number (EINITIN): * c. UEI: KST5RE'PMWTKS 596000375 d. Address: * Streetl: 444 SW 2nd Avenue, 1.6L-h Floor Street2: * City: Miami CountylParlsh: * State: FL: F1ori.da Province: *Country: USA; UNITED STATES * ZIP / Postal Code: 33130-1910 e, Organizational Unit: Department Name: Division Name: Miami Fire Department f. Name and contact Information of person to be contacted on matters Involving this application: Prefix: captain " First Name: MiQdle Name: Erik * Last Name; Sanchez Suffix: Title; Organizational Affiliation "Telephone Number; 7865543155 Fax Number * Email: lusarpm@miainigov.com Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type. " Other (specify) 10. Name of Federal Agency: Department of Homeland Security - FWA 11. Catalog of Federal DomesticAssistance Number: 97.025 CFDA Title: National Urban Search and Rescue (US&R) Response System * 12. Funding Opportunity Number: l)HS-22-DOa-025-40--01 * Title: Fiscal Year (EY) 2022 National Urban Search & Rescue (US&R) Response System 13, Competition Identification Number; Title: 14. Areas Affected by Project (Cities, Counties, States, etc.); -- Mv ROME * 15, descriptive Title of Applicant's Project: Urban Search and Rescue Response System EY 2022 Attach supporting documents as specified in agency instructions. - Application for Federal Assistance SF-424 16, Congressional Districts Of: * a. Applicant EL-027 * b. Program/Project FL 027 Attach an additional list at Program/Project Congressional Districts If needed '-A`ti � ,"te��'n't `'• :gip - «,e:mer � £€� m °�:�: � �'t���� 17, Proposed Project: * a. Start Date: 09 /01/2 022 I b. End Date: 0 8 /3112 025 18, Estimated Funding ($}: * a. Federal 1, 332, 150.00 * b, Applicant 0. 00 * a, State 0. 001 * d. Local 0 . 00 * e. Other 0 . 00 * f. Program Income 0 . 00 *g.TOTAL 1,332,150.00 * 18. Is Application Subject to Review By State Under Executive Order 12372 Process? j a. This application was made available to the State under the Executive Order 12372 Process for review on I' b. Program is subject to E.O, 12372 but has not been selected by the State for review. Z c, Program is not covered by E.O. 12372, * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) Yes ® NO If "Yes", provide explanation and attach 21. *By signing this application, I certify (1) to the statements contained in the list of certifications- and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if 1 accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) ® — I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: ; . ' First Name Lillian Middle Name: * Last Name: Blondet Suffix: "Title: Office of Grants Adminiatration, Director 'Telephone Number: 305-416-1536 Fax Number: *Emall: lblondet@miamigov.com * Signature of Authorized Representative: completed by Grents.gov upon submission. Date Signed: Completed by Grants,gov upon submission FUND TITLE: FY 2022 - Department of Homeland Security - FEMA - USAR Cooperative Agreement RESOURCES: Federal Emergency Management Agency ("FEMA") $1,332,150.00 APPROPRIATIONS: $1,332,150.00