HomeMy WebLinkAboutExhibit 1Contract Number: 09DS-48-11-23-02-
CFDA Number: 97.067
FEDERALLY -FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and the City of Miami,
(hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties, and shall end 30 months
after the date of execution, but no later than May 31, 2011, unless terminated earlier in accordance with
the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost -reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business
hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall
ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
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(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133,
as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non -Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),
OMB Circular A-133, as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of
copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
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Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
Q) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
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(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division or the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Division or the Department to the Recipient
regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the Division will monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
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claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) if any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in
paragraph (13) herein;
Agreement;
(b) Begin an appropriate legal or equitable action to enforce performance of this
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
law.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
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(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Carolyn Washington, Community Assistance Consultant
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 410-1271
Fax: (850) 488-7842
Email: carolyn.washington(@-em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Reginald K. Duren, Assistant Chief
1151 NW 7th Street, 3'd Floor
Miami, Florida 33136
Telephone: 305-416-5402
Fax: 305-416-5444
Email: RDuren@miamigov.com
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B — Program Statutes and Regulations
Attachment C — Justification of Advance
Attachment D —Warranties and Representations
Attachment E — Certification Regarding Debarment
Attachment F — Statement of Assurances
(17) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$11,271,885, subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash
needs of the Recipient within the first three months of the contract term. For a federally funded contract,
any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested below, the budget data on
which the request is based and a justification statement shall be included in this Agreement as
Attachment C. Attachment C will specify the amount of advance payment needed and provide an
explanation of the necessity for and proposed use of these funds.
An advance payment of $_X is requested
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (20)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
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(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Department of Community Affairs" and mailed directly to the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
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consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which
receives funds under this Agreement from the federal government, certifies, to the best of its knowledge
and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment E) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
Fla. Stat.
0) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
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(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(o) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form -LLL, "Disclosure Form to Report Lobbying."
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3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
13
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that it's governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment F.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT: CITY OF MIAMI
By:
Name and title: Pedro G. Hernandez, City Manager
Date:
FID#: 59-6000375
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title: W. Craig Fuqate, Director of the Division of Emergency Management
Date:
14
EXHIBIT —1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: Urban Area Security Initiative (UASI)
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $ $11,271,885
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
NOTE. If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform eligible activities as identified in the Office of Grants and
Training Fiscal Year 2008-2009 State Homeland Security Grant Program (SHSGP), consistent
with the Department of Homeland Security State Strategy.
2. Recipient is subject to all administrative and financial requirements or will be in violation with the
terms of the agreement.
NOTE. Instead of listing the specific compliance requirements as shown above, the State awarding
agency may elect to use language that requires the Recipient to comply with the requirements of
applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the
language may state that the Recipient must comply with specific laws, rules, or regulations that pertain to
how the awarded resources must be used or how eligibility determinations are to be made. The State
awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
15
Proposed Program Budget
44. Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the
"Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below.
Q1 The equipment category will require a "Detailed Budget Worksheet" including the proposed equipment to be purchased and the
corresponding FY2008 Authorized Equipment List (AEL) reference number. The AEL can be found at wNvw.rkb.mipt.org,
1 The transfer of funds between the categories listed in the "Proposed Program Budget" is permitted. However, at the discretion of the
Recipient, funds allocated to Management and Administration costs (as described in the "Proposed Program Budget") may be put
towards Programmatic costs instead.
4- No more than 3% of each Recipient's total award may be expended on Management and Administration costs.
City of Miami City of Miami Allocation $11,620,500
Homeland Security Grant Program —
Urban Area Security Initiative —
Issue 64 State Management and Administration withheld $348,615
3%
City of Miami Remaining Award after 3% $11,271,885
reduction
City of Miami LETP-Type Activities (25% of
$11,271,885) This amount is not in addition to
the remaining award amount but instead $2,817,971
signifies the amount needed to meet the %25
City of Miami eligible Management and
Administration (3% of $11,271,885) This
amount is not in addition to the remaining $338,156
award amount but instead signifies the
amount eligible for A4$A.
16
Miami UASI 2008 Budget
C1. vi o Description of Project
W z
2008 UASI
Budget
Primary
Grantee
AEL
Y 2008-001 CBRNE Emergency Planning Coordinator
$
70,000
Hialeah
11RE-00-RFCB
N 2008-002 Citizen Corp Training, Equipment, and Exercise
$
5,661
Hialeah
21 GN-00-TRNG
Y 2008-003 Portable Radio Equipment
$
10,950
Hialeah
06CP-01-PORT
N 2008-004 Portable Radio Transceivers
$
100,000
Hialeah
06CP-01-PORT
N 2008-005 UHF Repeater
$
15,024
Hialeah
06CP-01-REPT
Y 2008-006 Mobile Data Terminals
$
480,000
Hialeah
04HW-01-MOBL
N 2008-007 Tactical Rescue Team Equipment Cache and Transport
$
150,000
Hialeah
20TE-00-NTRY
Y 2008-008 CBRNE Response Vehicle; HAZMAT Response Vehicle
$
380,000
Hialeah
12VE-00-MISS
W1 2008-009 JCr1me Lab cyanosafe filtered fuming chamber
$
5,126
Hialeah
07BS-01-KBPA
72008-010 Specialized vehicles designed to support CBRNE mission area
equipment trans ortation requirements
$
40,000
Hialeah
12VE-00-MISS
N 2008-011 Inte rated Weather Risk Management System
$
40,000
Hialeah
07SE-03-ENVS
Y 2008-012 Computer Aided Dispatch System
$
270,000
Hialeah
04AP-01-CADS
N 2008-013 Communications: Trailer Sustainment for UASI purchased 10-
channel communication trailer
$
5,000
Miami
12TR-00-TEQP
Y 2008-014 Automated Fingerprint Identification System (AFIS)
$
43,644
Miami
20FP-00-AFIS
N 2008-015 Air Bag System Prime Mover
$
40,000
Miami
12TR-00-MOVR
N 2008-016 AM Radio Sustainment: Sustain UASI purchased AM Radio
System & services.
$
5,000
Miami
06CP-03-PRAC
N 2008-017 Backup Bunker Gear to replace contaminated ear
$
200,000
Miami
02PE-02-CLTH
N 2008-018 Maintain & Sustain UASI purchased Blackberries & services.
$
130,000
Miami
05HS-00-FRNS
N 2008-019 Build -out of Backup/Disaster Recovery ("DR") Site
$
200,000
Miami
04SW-04-NETW
Y 2008-020 Security Cameras for Marinas
$
25,000
Miami
04MD-01-VCAM
N 2008-021 CBRNE Compliant SEBA
$
150,000
Miami
01AR-01-SCBA
72008-022 Closed Circuit Surveillance System
$
436,447
Miami
01AR-01-SCBA
72008-023 Planning support to maintain the CEMP
$
50,000
Miami
Planning
N 2008-024 Sustain the City of Miami's CERT program.
$
4,999
Miami
PT&E
N 2008-025 Digital Vehicle Repeater (DVRS) & VRS Suitcase
$
25,000
Miami
06CP-01-REPT
N 2008-025 Emergency Generators
$
100,000
Miami
10GE-00-GENR
72008-027 Emergency Management Planner
$
230,000
Miami
Planning
N 2008-028 Emergency Response to Terrorism Training (ERT): Continued
funding for ERT for the Miami Region provided by University of
Miami
$
50,000
Miami
21 GN-00-TRNG
N 2008-029 EOC Equipment
$
205,459
Miami
21GN-00-OCEQ
N 2008-030 EOC Laptop Sustainment
$
50,000
Miami
04HW-01-NTBK
N 2008-031 Maintain & Sustain two UASI purchased plotters.
$
2,583
Miami
04HW-02-PLOT
Y 2008-032 Explosive detection equipment for Bomb Squad
$
4,743
Miami
07ED-03-SWPE
N2008-033 Fire Prevention Data Collection & Information Sharing:
$
10,000
Miami
131T-00-DEXC
N 2008-034 Handheld Radio Accessories
$
23,800
Miami
06CP-03-PRAC
N 2008-035 IMaintain & sustain UASI emergency management equipment.
$
25,000
Miami
21GN-00-MAIN
N 2008-036 Maintain & sustain UASI fire -rescue equipment.
$
166,000
Miami
21 GN -00 -MAIN
N 2008-037 Miami UASI Management and Administration. Includes staff
(Project Coordinator and Fiscal Assistant), travel and indirect
cost,
$
338,156
Miami
M&A
N 2008-038 Microwave Link for Public Safety Answering Points
$
100,000
Miami
06CP-03-MWAV
N 2008-039 Web -based emergency notification system
$
50,000
Miami
131T-00-ALRT
N 2008-040 Mobile Command Unit Sustainment
$
5,000
Miami
12VE-00-CMDV
N 2008-041 P25 Compliant Radios, Batteries & Chargers
$
25,000
Miami
06CP-01-PORT
N 2008-042 PAPR Sustainment: Sustainment for UASI purchased PAPRs
and accessories
$
15,000
Miami
01AR-03-PAPA
N 2008-043 Physical Security Enhancements for critical infrastructure
protection to fire stations
$
10,000
Miami
13LE-00-SURV
N 2008-044 Planning, Training, & Exercises
$
197,800
Miami
PT&E
/U (A
Miami UASI 2008 Budget
a o Description of Project
W z
2008 UASI
Budget
Primary
Grantee
AEL
N 2008-045 Personal Protective Equipment Cache
$
50,000
Miami
01SF-01
Y 2008-046 Personal Protective Equipment for Bomb Squad
$
23,720
Miami
02EX-02-TLEX
Y 2008-047 Remote Control System for Bomb Squad
$
28,464
Miami
02EX-02-TLRO
N 2008-048 Web -based emergency notification system for citizen
notifications
$
20,000
Miami
131T-00-ALRT
N 2008-049 Maintain & Sustain UASI purchased Satellite phones & services.
$
50,000
Miami
06CC-03-SATM
Y 2008-050 Self -Contained Breathing Apparatus for SWAT
$
100,000
Miami
01AR-01-SCBA
N 2008-051 CBRNE Equipment Storage Shelves
$
5,000
Miami
19MH-00-CONT
N 2008-052 Tenet Health Disaster Training
$
15,000
Miami
21 GN-00-TRNG
Y 2008-053 Terrorism Literature for Public Education
$
24,000
Miami
21 GN-00-TRNG
N 2008-054 Training Overtime
$
150,000
Miami
21GN-00-TRNG
72008-055 Transportable Radio Base Stations
$
15,000
Miami
06CP-01-BASE
N 2008-056 Video Tele -Conferencing Project Sustainment
$
40,000
Miami
131T-00-INTL
N 2008-057 Two -wheeled Transporters: for fully suited bomb technicians
$
5,984
Miami
12VE-00-MISS
72008-058 Data & information sharing web -based software for fire & police
to enhance situation awareness
$
25,000
Miami
131T-00-INTL
N 2008-059 Maintain & Sustain weather monitoring equipment & services.
$
12,000
Miami
07SE-03-ENVS
N 2008-060 UASI Project Planning and Coordination - Sustain Project Office,
Training Coordination, UAWG support, etc.
$
556,000
Miami
PT&E
72008-061 Virtual Fusion Center- One Intel Analysts and Project Manager
$
283,100
Miami
Planning
72008-062 Critical Infrastructure Coordinator (FDLE)
$
75,000
Miami
Planning
7'2008-063 Bomb Squad equipment to enhance capabilities to prevent,
detect, and respond to Improvised Explosive Device (IED)
events.
$
350,000
Miami
02PE-01-RCON
Y 2008-064 Sustain regional planning, training and exercise program
$
1,000,000
Miami
PT&E
Y 2008-065 Virtual Fusion Center- Information Systems and connectivity
equipment
$
30,000
Miami
131T-00-INTL
Y 2008-066 Virtual Fusion Center - Information Systems and connectivity
equipment
$
30,000
Miami
Planning
Y 2008-067 Bomb Disposal Unit Response Vehicle
$
200,000
Miami -Dade
02EX-02-TLPB
N 2008-068 CEMP/COOP/ T & E for the City of Doral.
$
30,000
Miami -Dade
PT&E
N 2008-069 CEMP/COOP/ T & E for the City of Homestead
$
30,000
Miami -Dade
PT&E
N 2008-070 Community Preparedness/Awareness Campaign
$
84,258
Miami -Dade
Planning
N 2008-071 County Medical Examiner Casualty Recovery - Portable X -Ray
$
40,000
Miami -Dade
02EX-01-XRAP
72008-072 Cyberterrorism Incident Response Team
$
135,780
Miami -Dade
21 GN-00-TRNG
N 2008-073 Disaster Assistance Employee Management
$
55,038
Miami -Dade 14SW-01-SIDP
N 2008-074 Disaster Recovery Plan for 311
$
30,000
Miami -Dade
Planning
Emergency preparedness training for Jackson Memorial
$
15,000
Miami -Dade
21 GN-00-TRNG
2008-076 EMS Mass Casualty Prime Mover
$
50,000
Miami -Dade
12VE-00-ABUS
2008-077 Enhance Care for Vulnerable Population
$
85,D00
Miami -Dade
Planning
2008-078 Domestic Security Division Awareness Training
$
42,700
Miami -Dade
21 GN-00-TRNG
7]2008-075
N2008-079 FIU Campus Alert System
$
80,000
Miami -Dade
04AP-09-ALRT
2008-080 GIS Application for Web Base Initial Damage Assessment
$
50,000
Miami -Dade
04AP-03-GISS
N 2008-081 Large Animal Rescue Trailer
$
30,039
Miami -Dade
12TR-00-TEQP
N 2008-082 Hydrant Decontamination Nozzle System
$
50,000
Miami -Dade
08D2-02-MCDS
N 2008-083 Miami -Dade College Campus Alert System
$
80,000
Miami -Dade
04AP-09-ALRT
N 2008-084 Planning, Training, & Exercises
$
200,000
Miami -Dade
PT&E
Y 2008-085 Public Safety Video Streaming System
$
1,200,000
Miami -Dade
14SW-01-VIDA
Y 2008-086 Regional Investigative Equipment
$
110,000
Miami -Dade
02EX-00-PBIE
N 2008-087 Rehab Trailer and Primer Mover
$90,000
Miami -Dade
12TR-00-MOVR
N 2008-088 Risk Management System
$
237,300 1
Miami -Dade
04AP-04-RISK
Miami UASI 2008 Budget
C'. vi o Description of Project
w z
2008 UASI
Budget
Primary
Grantee
AEL
N 2008-089 Sustainment for UASI purchased Nerve Agent Antidote Kit
NAAK
$
15,000
Miami -Dade
09PH-05-NAAK
N 2008-090 Temporary Shelter for Emergency Operations Center
$
36,000
Miami -Dade 19SS-00-SHEL
N 2008-091 IMiami Microwave Interoperability Solution
$
66,755
Miami -Dade
06CP-03-MWAV
72008-092 SWAT Hazmat Buildup
$
30,000
Miami -Dade
01CB-02-ENSM
N 2008-093 Technical Rescue Training
$
111,400
Miami -Dade
21 GN-00-TRNG
N 2008-094 Incident Interoperability Software/Hardware
$
55,192
Miami -Dade
04AP-05-CDSS
72008-095 Backup Power Generator for Mid Beach Fire Radio Repeater
$
75,000
Miami -Dade
10GE-00-GENR
Y 2008-096 CBRNE Logistical Support Equipment (shelter system)
$
35,000
Miami -Dade
19SS-00-SHEL
N 2008-097 City wide full scale hands on drill and tabletops
$
23,978
Miami -Dade
PT&E
72008-098 EOC Satellite Communications Link Bandwidth
$
13,000
Miami -Dade
06CC-04-SSFT
N 2008-099 US&R Training
$
35,000
Miami -Dade
21 GN-00-TRNG
N 2008-100 Radios for deployment and mutual aid units
$
45,600
Miami -Dade
06CP-01
N 2008-101 Personal Protective Equipment for Public Works responders
$
16,300
Miami -Dade
01VT-01-ENSM
Y 2008-102 Ballistic Shield
$
20,000
Miami -Dade
01LE-01-SHLD
72008-103 Bomb Lockers
$
10,000
Miami -Dade
02EX-00-EXMP
72008-104 Regional SWAT Response Capabilities
$
15,500
Miami -Dade
01 LE -02
72008-105 Post Incident Emergency Vehicular Communications Radio
$
37,500
Miami -Dade
06CP-01-PORT
72008-106 Regional Citizen Corps Council planning, training, and exercises
and equipment
$
6,881
Monroe
21 GN-00-TRNG
N 2008-107 800 MHz Radios (P25 Compliant)
$
118,284
Monroe
06CP-01-PORT
7 2008-108 Mobile Law Enforcement Surveillance Equipment
$
201,720
Monroe
13LE-00-SURV
Total
$ 11,271,885
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award for issue as
described in the "Proposed Program Budget".
If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract manager listed in this
contract via email or letter_
Public Education/Outreach
Develop and implement homeland security support programs and adopt
ongoing DHS national initiatives, including State Preparedness Reports
Develop and enhance plans and protocols
Develop or conduct assessments
Establish, enhance, or evaluate Citizen Corps -related volunteer programs
Hiring of full or part-time staff or contractors/consultants to assist with
planning activities (not for the purpose of hiring public safety personnel
fulfilling traditional public safety duties)
Conferences to facilitate planning activities
Materials required to conduct planning activities
Travel/per diem related to planning activities
Overtime and backfill costs — Payment of overtime expenses will be for work
performed by award (SAA) or sub -award employees in excess of the
established work week (usually 40 hours) related to the planning activities for
the development and implementation of the programs under HSGP.
Other projects areas with prior approval from FEMA
Allowable LETP Planning Costs
Quantity
Unit Cost
Total Cost
Conducting point vulnerability analyses and assessments
Soft target security planning (public gatherings)
Developing border security operations plans in coordination with CBP
Developing, implementing, and reviewing Area Maritime Security Plans for
ports, waterways, and coastal areas
Updating and refining threat matrices
Integrating and coordinating private sector participation with fusion center
activities
Developing and implementing civil rights, civil liberties and privacy policies,
procedures, and protocols.
Acquiring systems allowing connectivity to State, local, and Federal data
networks, such as the National Crime Information Center (NCIC) and
Integrated Automated Fingerprint Identification System IAFIS), as appropriate
Designing and developing State and local geospatial data systems
17
Establishment / Enhancement of Fusion Centers
• Hiring an IT specialist to plan, develop, and implement the IT
applications necessary for the fusion center
• Developing and planning for information/intelligence sharing groups
• Hiring contractors and consultants to make recommendations on the
development of the fusion center
Overtime for information, investigative, and intelligence sharing activities (up
to 25 percent of the allocation)
Reimbursement of select operational expenses associated with increased
security measures at critical infrastructure sites, incurred during time periods of
DHS -declared alerts (up to 25 percent of the allocation).
• Backfill and overtime expenses for staffing state or local EOCs
• Hiring of contracted security for critical infrastructure sites
• Public safety overtime
• National Guard deployments to protect critical infrastructure sites,
including all resources that are part of the standard National Guard
deployment
• Increased border security activities in coordination with CBP
Hiring of new staff position contractors/consultants for participation in
information/intelligence analysis and sharing groups or intelligence fusion
center activities
n . s - .nay►
° , fn's
Overtime and back—fill for emergency preparedness and response personnel
attending FEMA -sponsored and approved training classes.
Grantees may also use FEMA grant funds to cover overtime and backfill
expenses for part-time and volunteer emergency response personnel
participating in FEMA training.
UASI funds may also be used for training citizens in awareness, prevention,
protection, response, and recovery skills
Training workshops and Conferences
Full or Part -Time Staff or Contractors/Consultants
Travel
Supplies
Tuition for higher education
Other items
A�]owable:LETP7ammg Costs
Q ty
}
Participation in DHS approved intelligence analyst training
Participation in up to three non -FEMA approved intelligence analyst
training
A complete list of FEMA approved courses may be found at www ojp.usdoi.izov/FEMA/does/Eligible Federal Courses.ndf
18
Design, Develop, Conduct and Evaluate an Exercise
Exercise Planning Workshop - Grant funds may be used to plan and conduct
an Exercise Planning Workshop to include costs related to planning, meeting
space and other meeting costs, facilitation costs, materials and supplies, travel
and exercise plan development.
Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff
may be hired to support exercise-related activities. Payment of salaries and
fringe benefits must be in accordance with the policies of the state or local
unit(s) of government and have the approval of the state or the awarding
agency, whichever is applicable. The services of contractors/consultants may
also be procured to support the design, development, conduct and evaluation of
CBRNE exercises. The applicant's formal written procurement policy or the
Federal Acquisition Regulations (FAR) must be followed.
Overtime and backfill costs — Overtime and backfill costs associated with the
design, development and conduct of CBRNE exercises are allowable expenses.
Grantees may also use FEMA grant funds to cover overtime and backfill
expenses for part-time and volunteer emergency response personnel
participating in FEMA exercises.
Implementation ofHSEEP
Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable
as expenses by employees who are on travel status for official business related
to the planning and conduct of the exercise project(s). These costs must be in
accordance with state law as highlighted in the OJP Financial Guide. States
must also follow state regulations regarding travel. If a state or territory does
not have a travel policy they must follow federal guidelines and rates, as
explained in the OJP Financial Guide. For further information on federal law
pertaining to travel costs please refer to httn://www.oip.usdoi.gov/FinGuide.
Supplies - Supplies are items that are expended or consumed during the course
of the planning and conduct of the exercise project(s) (e.g., copying paper,
gloves, tape, non-sterile masks, and disposable protective equipment).
Other Items - These costs include the rental of space/locations for exercise
planning and conduct, exercise signs, badges, etc.
oma 1e Fa''a er�tse.Cos x
u nR�1 1.
�Y"b.
�i'oA
tETo Cos��
Exercises to evaluate the effectiveness of information sharing plans, policies,
procedures, and protocols
Exercises to evaluate NWS implementation. This includes costs associated
with exercising components of the NIMS National Credentialing Framework-
rameworkExercises
Exercisesto evaluate facility and/or vessel security protection
Exercises to evaluate area maritime security protection
Exercises to evaluate threat recognition capabilities
Exercises to evaluate cyber security capabilities
Exercises to evaluate agricultural/food security capabilities
Exercises to evaluate prevention readiness and techniques
19
"Red Team" (force on force) exercises
Interoperable communications exercises
Critical infrastructure vulnerability, protection, and/or attack exercises
Eligible Equipment Acquisition Costs .
The table below highlights the allowable equipment categories for this awazd.
A comprefiensive listing of these allowable equipment categories, and, specific
equipmentehgible utider each category;;can be found on the web -based
Authonzed Equipment List at:`http://wu v.rkb.mibt ore
r Register on the website
Quantity.
Unit Cost .
Total Cost
3i- Log jinto the 'website
+%Clicl. on search.the RKB,
*kChck on DHS SLGCP Authorized Equipment List (AEL) = FY2008 ' "
If you wish to purchase a piece;of equipment from any category below,
then m the space given below that category put the "AEL item number'
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Up to 15% of programmatic spending may be used to support the hiring of full
or part-time staff to conduct eligible programmatic activities
rtllrlS Sti4- 5
7Hiring of full-time or part-time staff or contractors/consultants:
• To assist with the management of FY08 HSGP.
• To assist with design, requirements, and implementation of FY08 HSGP.
• To assist with the implementation and administration of the State
Homeland Security Strategy, as it may relate to the individual grant
program.
Hiring of full-time or part-time staff or contractors/consultants and
expenses related to:
• HSGP application submission management activities and application
requirements.
• Meeting compliance with reporting/data collection requirements,
including data calls.
Development of operating plans for information collection and processing
necessary to respond to DHS/FEMA data calls.
Overtime and backfill costs — Payment of overtime expenses will be for work
performed by award (SAA) or sub -award employees in excess of the
established work week (usually 40 hours) related to the M&A activities for the
development and implementation of the programs under HSGP. These costs are
allowed only to the extent the payment for such services is in accordance with
the policies of the state or local unit(s) of government and has the approval of
the state or the awarding agency, whichever is applicable. In no case is dual
compensation allowable. That is, an employee of a unit of government may not
receive compensation from their unit or agency of government AND from an
award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such
work may benefit both activities. Fringe benefits on overtime hours are limited
to Federal Insurance Contributions Act (FICA), Workers' Compensation and
Unemployment Compensation.
Travel expenses
Meeting -related expenses (For a complete list of allowable meeting -related
expenses, please review the OJP Financial Guide at
http://www,ojp.usdoj.gov/FiiiGuide).
21
Acquisition of authorized office equipment, including personal computers,
laptop computers, printers, LCD projectors, and other equipment or software
which may be required to support the implementation of the homeland security
strategy.
The following are allowable only within the contract period:
• Recurring fees/charges associated with certain equipment, such as cell
phones, faxes, etc.
• Leasing and/or renting of space for newly hired personnel to administer
programs within FY08 UASI.
22
B. Scope of Work
Funding is provided to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 2008 Urban Area Security
Initiative (UASI) Grant Program, consistent with the Department of Homeland Security State Strategy and the Urban Area Strategy. Eligible
activities are outlined in the Scope of Work for each category below:
I. Categories and Eligible Activities
Urban Area Security Initiative
FY2008 UASI allowable costs are divided into the following categories: planning, organization, equipment, training and
exercises, management and administration cost are allowable cost. At least 25% of UASI funds must be dedicated towards law
enforcement terrorism prevention-oriented planning, organization, training, exercise and equipment activities. Each category's
allowable costs have been listed in more detail in the "Budget Detail Worksheet" above.
A. Planning
Developing scenario plans that incorporate the range of prevention, protection, response, and recovery activities for a scenario
Developing and implementing homeland security support programs and adopting
DHS national initiatives including but not limited to the following:
4E Implementing the National Preparedness Guidelines
Costs associated with the adoption, implementation and adherence to NIMS compliance requirements; including
implementing the NIMS National Credentialing Framework.
Qr Modifying existing incident management and EOPs to ensure proper alignment with the NRF coordinating structures,
processes, and protocols
44 Establishing or enhancing mutual aid agreements
Developing communications and interoperability protocols and solutions
:6 Conducting local, regional, and Tribal program implementation meetings
:i- Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIMS
Integration Center (NIC)
4L Designing State and local geospatial data systems
4- Conducting public education and outreach campaigns, including promoting individual, family and business emergency
preparedness; alerts and warnings education; and evacuation plans as well as IED or bombing prevention awareness
+d- Preparing materials for the State Preparedness Report (SPR)
Developing related terrorism prevention activities including:
ek Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center
,L Hiring an IT specialist to plan, develop, and implement the IT applications necessary for a fusion center
Developing and planning for information/intelligence sharing groups
4- Hiring contractors and consultants to make recommendations on the development of a fusion center
46 Integrating and coordinating private sector participation with fusion center activities
4 Acquiring systems allowing connectivity to State, local, and Federal data networks, such as the National Crime
Information Center (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate
4- Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery
4 Multi-discipline preparation across first responder community, including EMS for response to catastrophic events and acts
of terrorism
4 Public information/education: printed and electronic materials, public service announcements, seminars/town hall
meetings, web postings coordinated through local Citizen Corps Councils
4 Citizen Corps volunteer programs and other activities to strengthen citizen participation
iL Conducting public education campaigns, including promoting individual, family and business emergency preparedness;
promoting the Ready campaign; and/or creating State, regional or local emergency preparedness efforts that build upon the
Ready campaign
;4 Evaluating CIP security equipment and/or personnel requirements to protect and secure sites
:4 CIP cost assessments, including resources (e.g., financial, personnel) required for security enhancements/deployments
mk Multi-Jurisdiction Bombing Prevention Plans (MJBPP)
L Underwater Terrorist Protection Plans
Developing and enhancing plans and protocols, including but not limited to:
i� Developing or enhancing EOPs and operating procedures
;4 Developing terrorism prevention/deterrence plans
4- Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and
implementation of State or Urban Area Homeland Security Strategies
:k Developing or enhancing border security plans
;1 Developing or enhancing cyber security plans
d. Developing or enhancing cyber risk mitigation plans
23
d Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans
.i, Developing public/private sector partnership emergency response, assessment, and resource sharing plans
A� Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sector/non-
governmental entities working to meet the human service response and recovery needs of victims
4. Developing or updating local or regional communications plans
4. Developing plans to support and assist special needs jurisdictions, such as port authorities and rail and mass transit
agencies
+1. Developing or enhancing continuity of operations and continuity of government plans
d. Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets
provided under the NRF
-k Developing or enhancing evacuation plans
Developing or enhancing citizen surge capacity
4- Developing or enhancing plans for donations and volunteer management and the engagement/integration of private
sector/non-govemmental entities in preparedness, response, and recovery activities
=1 Developing or enhancing Bombing Prevention Plans
+k. Developing school preparedness plans
-4- Ensuring jurisdiction EOPs adequately address warnings, emergency public information, evacuation, mass care, resource
management from non-governmental sources, unaffiliated volunteer and donations management, and volunteer resource
integration to support each Emergency Support Function, to include appropriate considerations for special needs
populations
1 Developing and implementing civil rights, civil liberties and privacy policies, procedures, and protocols
d Designing and developing State and local geospatial data systems
Developing or conducting assessments, including but not limited to:
:L Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans
4 Developing border security operations plans in coordination with CBP
Q- Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas
mL Updating and refining threat matrices
4. Conducting cyber risk and vulnerability assessments
J- Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to
identify critical gaps that cannot be met by existing local and State resources
-4 Conducting Bombing Prevention Capability Analysis
L Activities that directly support the identification of specific catastrophic incident priority response and recovery projected
needs across disciplines (e.g. law enforcement, fire, EMS, public health, behavioral health, public works, agriculture,
information technology, and citizen preparedness)
.L Activities that directly support the identification of pre -designated temporary housing sites
;t Conducting community assessments, surveys, and research of vulnerabilities and resource needs, and determine citizen
education and participation to meet the needs
rk Conducting Citizen Corps program assessments and evaluations, citizen preparedness surveys, volunteer impact studies,
and cost/benefit analysis
.L Soft target security planning (public gatherings)
Other eligible planning activities are listed in the "Budget Detail Worksheet" above.
Organizational Activities
No more than 25 percent of each individual UASI award amount may be used for operational expenses and overtime costs
for the three (3) Organizational Activities noted below.
Operational Overtime Costs. In support of efforts to enhance capabilities for detecting, deterring, disrupting,
and preventing acts of terrorism, operational overtime costs are allowable for increased security measures at
critical infrastructure sites during DHS -declared periods of Orange or Red threat levels. Subject to these
elevated threat level conditions, FY 2008 UASI funds for organizational costs may be used to support select
operational expenses associated with increased security measures at critical infrastructure sites in the following
authorized categories:
.k Backfill and overtime expenses for staffing state or local EOCs
til- Hiring of contracted security for critical infrastructure sites
4- Public safety overtime
4. National Guard deployments to protect critical infrastructure sites, including all resources that are
part of the standard National Guard deployment package (consumable costs, such as fuel expenses,
are not allowed except as part of the standard National Guard deployment package)
.L Increased border security activities in coordination with CBP.
Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard
deployment package.
States with UASI jurisdictions can use funds retained at the State level to reimburse eligible operational
overtime expenses incurred by the State (up to a maximum of 15 percent of the State share of the UASI grant).
However, those activities must directly support increased security measures enacted in the UASI jurisdictions.
24
Overtime Cost. Overtime costs are also allowable for personnel to participate in information, investigative, and
intelligence sharing activities specifically related to homeland security. This includes activities such as anti-
terrorism task forces, Joint Terrorism Taskforces (JTTF), Area Maritime Security Committees (as required
by the Maritime Transportation Security Act of 2002), DHS Border Enforcement Security Task Forces, and
Integrated Border Enforcement.
Intelligence Analysts. UASI funds may be used to hire new staff and/or contractor positions to serve as
intelligence analysts to enable information/intelligence sharing capabilities. In order to be hired as an
intelligence analyst, staff and/or contractor personnel must meet at least one of the following criteria:
41 Successfully complete training to ensure baseline proficiency in intelligence analysis and production
within six months of being hired; and/or,
N. Previously served as an intelligence analyst for a minimum of two years either in a Federal intelligence
agency, the military, or State and/or local law enforcement intelligence unit.
Costs associated with hiring new intelligence analysts are allowable only for two years, after which States and
Urban Areas shall be responsible for supporting the sustainment costs for those intelligence analysts. Use of
funds for the hiring of intelligence analysts represents a commitment by the grantee to sustain Federally -funded
positions after the two-year Federal funding period with non -Federal resources. Failure to sustain such positions
will result in disqualification of grantees from hiring analysts with Federal funds in future program years. In
order to receive funds for hiring intelligence analysts, the SAA must retain certification on file stating that the
responsible jurisdiction will assume responsibility for supporting the costs of the hired analysts following the
two-year Federal funding period. This certification must also be accompanied by a budget plan providing the
details of this arrangement.
All intelligence analyst training should be in accordance with Global's Minimum Criminal Intelligence Training
Standards for Law Enforcement and Other Criminal Justice Agencies in the United States, which outlines the
minimum categories of training needed for intelligence analysts. These include subject -matter expertise,
analytic methodologies, customer -service ethics, information handling and processing skills, critical thinking
skills, computer literacy, and objectivity and intellectual honesty. A certificate of completion of such training
must be on file with the SAA and must be made available to Preparedness Officers upon request.
Under no circumstances may jurisdictions exceed 25 percent of their UASI award for these activities.
C. Equipment Acquisition
Any equipment purchased, under this contract, must be in accordance with the Authorized Equipment List (AEL), located
at http://www.rkb.us.
D. Training
FY 2008 UASI funds may be used to enhance the capabilities of State and local government and non-governmental
emergency preparedness and response personnel through development of a State homeland security training program.
Allowable training -related costs include:
Funds used to develop, deliver, and evaluate training, including costs related to administering the training,
planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment.
Overtime and Backfill costs, as defined in this guidance, associated with attending or teaching FEMA -
sponsored and/or approved training courses and programs are allowed. These costs are allowed only to the
extent the payment for such services is in accordance with the policies of the State or unit(s) of local
government and has the approval of the State or the awarding agency, whichever is applicable. In no case
is dual compensation allowable. That is, an employee of a unit of government may not receive
compensation from both their unit or agency of government AND from an award for a single period of
time (e.g., I:00 pm to 5:00 pm), even though such work may benefit both activities. Further, overtime
costs associated with employees who participate in training in a teaching role for which they are
compensated are not allowed. Fringe benefits on overtime hours are limited to Federal Insurance
Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.
Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on
travel status for official business related to approved training.
Hiring of Full or Part -Time Staff or Contractors/Consultants to support training -related activities. Payment
of salaries and fringe benefits must be in accordance with the policies of the State or unit(s) of local
government and have the approval of the State or awarding agency, whichever is applicable. Such costs
must be included within the funding allowed for program management personnel expenses, which must
not exceed 15 percent of the total allocation.
Certification/Recertification of Instructors is an allowable cost. States are encouraged to follow the FEMA
Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels
of evaluation of student learning. This is particularly important for those courses that involve training of
trainers.
25
E. Exercises
All Urban Areas are required to develop a Multi-year Training and Exercise Plan and submit it to FEMA on an annual
basis. This plan must tie into the Multi-year Training and Exercise Plan developed by the State and aligns with the Urban
Area Homeland Security Strategy. Further, Urban Areas are encouraged to develop a Multi-year Plan and Schedule that
takes into consideration anticipated training needs of the Urban Area for at least the immediate year, with exercises being
timed to provide responders the opportunity to utilize training received. Further guidance concerning Training and Exercise
Plan Workshops can be found in the HSEEP Volumes.
Allowable exercise -related costs include
Funds Used to Design, Develop, Conduct and Evaluate an Exercise— Includes costs related to planning,
meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation.
4L Hiring of Full or Part -Time Staff or Contractors/Consultants — Full or part-time staff may be hired to
support exercise -related activities. Such costs must be included within the funding allowed for program
management personnel expenses, which must not exceed 15 percent of the total allocation. The applicant's
formal written procurement policy or the Federal Acquisition Regulations (FAR) — whichever is more stringent
— must be followed. In no case is dual compensation allowable.
4Overtime and Backfill — Overtime and backfill costs associated with the design, development, and conduct of
exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in
accordance with the policies of the state or unit(s) of local government and has the approval of the state or the
awarding agency, whichever is applicable. In no case is dual compensation allowable (see above), Fringe
benefits on overtime hours are limited to FICA, Workers' Compensation and Unemployment Compensation.
at Travel — Travel costs are allowable as expenses by employees who are on travel status for official business
related to the planning and conduct of exercise project(s).
l Supplies — Supplies are items that are expended or consumed during the course of the planning and conduct of
the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective
equipment).
dL Other Items — These costs include the rental of space/locations for exercise planning and conduct, rental of
equipment (e.g., portable toilets, tents), food, refreshments, gasoline, exercise signs, badges, etc.
Unauthorized exercise -related costs include:
,4- Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction
vehicles) and emergency response apparatus (e.g., fire trucks, ambulances).
4- Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g.,
electronic messaging signs).
Exercise Scenarios.
The scenarios used in exercises must be based on the Urban Area's Homeland Security Strategy and plans. Acceptable
scenarios for UASI exercises include: chemical, biological, radiological, nuclear, explosive, cyber, agricultural and natural
or technological disasters. Exercise scenarios must be catastrophic in scope and size, as defined by the National Response
Framework. The scenarios used must focus on validating existing capabilities and must be large enough in scope and size
to exercise multiple tasks and warrant involvement from multiple jurisdictions and disciplines and non-govemmental
organizations. Exercise scenarios should also be based on the Multi-year Training and Exercise Plan.
If a Urban Area will be hosting an upcoming special event (e.g., Super Bowl, G-8 Summit); they anticipate participating in
a Tier 2 National -Level Exercise as defined by the National Exercise Program Implementation Plan (NEP I -Plan); or they
anticipate that they will apply to be a venue for a Tier INational-Level Exercise, as defined by the I -Plan, they should plan
to use UASI funding to finance training and exercise activities in preparation for that event. Urban Areas should also
consider exercises at major venues (e.g., arenas, convention centers) that focus on evacuations, communications, and
command and control. States should also anticipate participating in at least one Regional Exercise annually. States must
include all confirmed or planned special events in the Multi-year Training and Exercise Plans.
F. Personnel
Personnel hiring, overtime, and backfill expenses are permitted under this grant in order to perform allowable FY 2008
HSGP planning, training, exercise, and equipment activities. Additional information can be found in your FY 2008 grant
guidance.
4- For SHSP and UASI, a personnel cap of up to 15 percent of each of the total program funds may be used.
Grantees who wish to seek a waiver from the 15 percent personnel cap must provide documentation
explaining why the 15 percent personnel cap is unacceptable; waiver requests will be considered only
under extreme circumstances.
4- The category of personnel costs does not apply to contractors.
26
G. Management and Administration - no more than 3% of each sub -recipient's total award may be expended on Management and
Administration costs by the sub -recipients.
Hiring of full-time or part-time staff or contractors/consultants:
:L To assist with the management of the FY2008 UASI
:L To assist with design requirements and the implementation of the FY2008 UASI
4- To assist with the implementation and administration of the Urban Area Homeland Security Strategy,
as it may relate to the FY2008 UASI
Hiring of full-time or part-time staff or contractors/consultants and expenses related to:
4- Meeting compliance reporting/data collection requirements, including data calls
Development of operating plans for information collection and processing necessary to respond to
DHS/FEMA data calls
Overtime and backfill costs - Payment of overtime expenses will be for work performed by award (SAA) or sub -award
employees in excess of the established work week (usually 40 hours) related to the M&A activities for the development
and implementation of the programs under HSGP. These costs are allowed only to the extent the payment for such services
is in accordance with the policies of the state or local unit(s) of government and has the approval of the state or the
awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of
government may not receive compensation from their unit or agency of government AND from an award for a single
period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime
hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment
Compensation.
Travel expenses
Meeting -related expenses (For a complete list of allowable meeting -related expenses, please review the OJP
Financial Guide at hftp://www.oip.usdoi.gov/FinGuide).
Acquisition of authorized office equipment
The following are allowable only within the period of performance of the contract:
.1 Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc.
4. Leasing and/or renting of space for newly hired personnel to administer programs within the FY2008 UASI
H. Construction and Renovation
Project construction and renovation not exceeding $1,000,000 is also allowable, as deemed necessary by the Office of
FEMA, under the FY 2008 UASI. Such construction and renovation shall be strictly limited and allowable only when it is
necessary component of a security system at critical infrastructure facilities. The following actions and improvements are
considered to constitute construction or renovation:
Construction and/or renovation to guard facilities;
Renovation of and modifications, including the installation of security and communication equipment, to
buildings and structures that are 50 years old or older;
Communications antennas;
Any other construction or renovation efforts that change or expand the footprint of a facility or structure,
including security enhancements to improve perimeter security; and
Physical security enhancements, including but not limited to:
• Lighting
• Fencing
• Closed-circuit television (CCTV) systems
• Motion detection systems
• Barriers, doors, gates and related security enhancements
1. Approval Process:
In order for grantees to drawdown funds for construction and renovation costs, the grantee must provide the
Division with:
A description of the asset or facility, asset location, whether the infrastructure is publicly or privately
owned, and the construction or renovation project;
14- Certification that a facility vulnerability assessment has been conducted for the facility;
4- A description of how the construction or renovation project will address the identified
vulnerability(ies) from the assessment;
4 A statement on the consequences of not implementing the construction or renovation project; and,
a{- Completed National Environmental Policy Act (NEPA) Compliance Checklist.
27
Note: Written approval must be provided by FEMA prior to the use of any FY
2008 UASI funds for construction or renovation.
Overtime and Backfill Guidance
Overtime. Expenses incurred by those personnel who, as a result of FEMA -approved activities, are performing over and
above their normal, scheduled work hours or work week.
Backfill -related overtime. Expenses incurred by those personnel who are working over and above their normal, scheduled
work hours, or work week, in order to perform the duties of other personnel who are temporarily assigned to FEMA -
approved activities outside their core responsibilities. The OR OC does not distinguish between Overtime and Overtime as
Backfill — they are both viewed as overtime regardless of whether the individual has performed more hours in their
normally assigned place of duty or if the overtime accrued as a result of being re -assigned to a different place of duty.
Overtime and backfill do not result in an increase of full-time employees (FTEs).
Allowable Planning, Training, and Exercise Cost Specific to Law Enforcement Terrorism Prevention (LETP)-oriented
Activities. At least 25% of UASI funds must be dedicated towards law enforcement terrorism prevention -oriented planning,
organization, training, exercise and equipment activities.
LETP Planning Activities:
4- Conducting point vulnerability analyses and assessments
.1- Soft target security planning (public gatherings)
4- Developing border security operations plans in coordination with CBP
J- Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas
:l, Updating and refining threat matrices
7- Integrating and coordinating private sector participation with fusion center activities
=k Developing and implementing civil rights, civil liberties and privacy policies, procedures, and protocols.
:l. Acquiring systems allowing connectivity to State, local, and Federal data networks, such as the National Crime
Information Center (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate
4- Designing and developing State and local geospatial data systems
.k Costs associated with the adoption, implementation and adherence to NIMS compliance requirements; including
implementing the NIMS National Credentialing Framework.
.4- Integrating and coordinating private sector participation with fusion center activities
Establishment I Enhancement of Fusion Centers
A- Hiring an IT specialist to plan, develop, and implement the IT applications necessary for the fusion center
a Developing and planning for information/intelligence sharing groups
4- Hiring contractors and consultants to make recommendations on the development of the fusion center
K LETP Training Activities:
Law enforcement terrorism prevention protection -oriented funds may be used for a range of law enforcement terrorism
prevention related training activities to enhance the capabilities of State and local personnel, including the following:
Establishment /Enhancement of Fusion Centers
Grant funds may be used to support intelligence analyst training in the following manners:
4- Participation in DHS approved intelligence analyst training: States wishing to develop or sponsor intelligence
analyst courses for a national audience should submit courses to FEMA for review and approval in accordance with
the process outlined in Parts VI and VII of the FY2008 grant guidance. The list of approved courses will be
constantly updated and can be accessed in the FEMA catalog at
htty:/I-oiiw.>rrstresyondertrainine.zov/odp webforms.
Limited participation in non -FEMA approved intelligence analyst training: States may send students to attend
non -approved intelligence analysis courses for up to three offerings in accordance with the training process outlined
in Parts VI and VII of the FY 2008 grant guidance. A certificate of completion of all intelligence analysts training
must be on file with the SAA and must be made available to Preparedness Officers upon request upon the hiring of
personnel.
Allowable costs include training courses that focus on:
;l- Building information sharing capacities (especially among law enforcement, nonlaw enforcement, other government
agencies, and the private sector)
:- Methods of target hardening
J• Facility law enforcement security personnel, to include facilities, vessels and ports
4- CBRNE, agriculture, and cyber threats
4- History of terrorism and social environments contributing to threats
4 Surveillance and counter -surveillance techniques
28
d. Privacy, civil rights, and civil liberties regulations, policies, procedures, and protocols
Critical Infrastructure Protection training, to include identifying/assessing critical infrastructure assets, vulnerabilities,
and threats
4- Cyber/agriculture/food security threats recognition and protective measures training
4. Cultural awareness training for community engagement activities and undercover operations related to terrorist
organizations
4• Languages, such as Arabic, Urdu, or Farsi, which are spoken by known terrorists and terrorist organizations
RL Joint training with other homeland security entities (e.g., U.S. Secret Service, CBP)
;l. Use of interoperable communications equipment
4- Collection, analysis, mapping, integration, and dissemination of geospatial data and imagery
4- Geospada] database use, design, development, and management training
4_ Volunteer participation to support law enforcement and community policing activities related to increased citizen
awareness of terrorism activities, to include the Volunteers in Police Service and Neighborhood Watch programs
L. LETP Exercise Activities
Law enforcement terrorism prevention protection -oriented funds may be used to design, develop, conduct, and evaluate
terrorism prevention -related exercises, including the following:
;L Exercises to evaluate the effectiveness of information sharing plans, policies, procedures, and protocols
4. Exercises to evaluate NIMS implementation. This includes costs associated with exercising components of the NIMS
National Credentialing Framework.
Exercises to evaluate facility and/or vessel security protection
4- Exercises to evaluate area maritime security protection
4- Exercises to evaluate threat recognition capabilities
:k Exercises to evaluate cyber security capabilities
4- Exercises to evaluate agricultural/food security capabilities
4• Exercises to evaluate prevention readiness and techniques
1 "Red Team" (force on force) exercises
Interoperable communications exercises
Critical infrastructure vulnerability, protection, and/or attack exercises
Where practical, these exercises should involve the public sector, non-governmental partners, trained citizen volunteers, and
the general public. State and local governments should work with their Citizen Corps Councils to include volunteers from
programs such as Volunteers in Police Service, Neighborhood Watch, and the general public.
National Incident Management System (NIMS) Compliance
HSPD-5, "Management of Domestic Incidents," mandated the creation of NIMS and the National Response Plan (NRP).
NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic
incidents, regardless of cause, size, or complexity. To promote interoperability and compatibility among Federal, State,
local, and tribal capabilities, NIMS includes a core set of guidelines, standards, and protocols for command and
management, preparedness, resource management, communications and information management, supporting
technologies, and management and maintenance of NIMS. The NRP, using the template established by NIMS, is an all -
discipline, all -hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential
Incidents of National Significance, which are major events that "require a coordinated and effective response by an
appropriate combination of Federal, State, local, tribal, private sector, and nongovernmental entities."
The NIMS Integration Center (NIC) recommends 38 NIMS Compliance Objectives for nongovernmental organizations
that support NIMS implementation. These activities closely parallel the implementation activities that have been required
of State, territorial, tribal, and local governments since 2004 and can be found at
www.fema.zovfvdf/emergency/nims/ngo fs.ndf. To integrate nonprofit organizations into the broader national
preparedness effort, DHS encourages grantees to consider pursuing these recommended activities.
Additionally, nongovernmental organizations grantees and sub -grantees will be required to meet certain NIMS compliance
requirements. This includes all emergency preparedness, response, and/or security personnel in the organization
participating in the development, implementation, and/or operation of resources and/or activities awarded through this
grant must complete training programs consistent with the NIMS National Standard Curriculum Development Guide.
Minimum training includes IS -700 NIMS: An Introduction. In addition, IS -800.a NRP: An Introduction, Incident
Command System (ICS -100), Incident Command System (ICS -200), Intermediate Incident Command System (G-300), and
Advanced Incident Command System (G-400) are also recommended. For additional guidance on NIMS training, please
refer to m://www.fema.2ov/emergency/nimstnims training.shtm.
Additional information about NMS implementation and resources for achieving compliance are available through the
NIMS Integration Center (NIC), at httn://www.fema.gov/emergencv/nims/.
III. Reporting Requirements
1. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, June
30, September 30 and December 30) for the life of this contract. If a report(s) is delinquent, future financial
reimbursements will be withheld until the Recipient's reporting is current.
29
Prosrrammatic Renortina Schedule
Reporting Period
Report due to DEM no later than
January 1 through March 31
Aril 30
Aril 1 through June 30
July 31
July 1 through September 30
October 31
October I through December 31
January 31
2. Programmatic Reporting-BSIR
At the end of each biannual reporting period (Jan to June and July to Dec), and for the life of the award, the
subgrantee/recipient will report information for the federally required Biannual Strategy and Implementation
Report (BSIR).
3. Reimbursement Requests:
A request for reimbursement may be sent to your contract manager for review and approval at anytime during
the contract period. The Recipient should include the category's corresponding line item number in the "Detail
of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be
included for every dollar amount listed in the "Detail of Claims" form.
3. Close-out Programmatic Reporting:
The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the
contract is either completed or the contract has expired.
4. Monitoring:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through
various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects
and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the
grant activity and items purchased.
The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and
federal guidelines. The FDEM is responsible for monitoring the financial, programmatic and capability portion of the grant to include
equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations.
Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas
reviewed during monitoring activities - financial and programmatic/capability. Financial monitoring is the review of records
associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment
purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during
this process.
Desk monitoring is defined as the review of projects, financial activity and technical assistance between the program office and the
applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of
the FDEM or their designee, to actually observe records, procedures and equipment.
Frequency of annual monitoring activitv:
Each year the FDEM will identify up to 50% of sub -grantees for site visit monitoring. It is important to note that although a given
grant has been closed successfully, it is still subject to either desk or on-site monitoring.
Examples of areas that may be examined include:
Management and administrative procedures
Grant folder maintenance
Equipment accountability and sub -hand receipt procedures
Program for obsolescence
Status of equipment purchases
Status of training for purchased equipment
Status and number of response trainings conducted to include number trained
Status and number of exercises
Status of planning activity
Anticipated projected completion
Specific difficulties completing the project.
30
Agency NIMS/ICS compliance documentation
In certain circumstances, the FDEM may request additional monitoring/information if the activity, or lack there of, on the part of the
specific recipient has generated questions from the region, the sponsoring state agency or the FDEM leadership. The method of
gathering this information will be determined on a case-by-case basis.
Desk monitoring is an on-going process. Agency recipients will be required to participate in desk top monitoring on an annual basis
and as determined by the FDEM. The agency recipients will compete and submit the desk top monitoring within 14 business calendar
days of receipt. This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the
FDEM determines that a recipient is having difficulty completing their project.
As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email.
Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of
the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the
FDEM for assistance. Examples of TA include but are not limited to:
➢ Equipment selection or available vendors
➢ Eligibility of items or services
➢ Coordination and partnership with other agencies within or outside the region or discipline.
Site Visits
Site visits will be conducted by the FDEM or their designated personnel. Site visits will be scheduled in advanced with the recipient
agency POC designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit.
The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the
capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form
of a peer review as needed.
All findings related to the capability review will be documented and maintained within the FDEM
Site Visit Protocol
The following outlines the monitoring protocol for the FDEM:
The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year
(FFY). Site visits maybe combined when geographically convenient. There is a site visit checklist to assist in the completion of all
required tasks.
Site Visit Preparation
A letter will be sent to recipient agency Point of Contact (POC) stating the purpose of the site visit and sent at least 30 calendar days
before the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the
grantee's program.
The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and
the address should be documented in the grantee folder before the site visit.
The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder.
Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit. Prior to the
visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit
team at a minimum of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient
POC one business day in advance of the site visit.
Site Visit
Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site
visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain
their objectives and will proceed to perform the financial review.
FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a
tour/visual/spot inspection of equipment will be conducted.
Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset
decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements.
The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment
(large capitol expenditures in excess of $1,000. per item).
31
If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that
particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then
conduct an exit conference with the grantee to review the findings.
Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement,
equipment, questions, etc.
Post Site Visit
FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable.
Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and
corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will also
be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the
FDEM, The Site Visit Worksheet, report and photographs will then be included in the grantee's file along with any documents
distributed at the site visit by the grantee.
K. Programmatic Point of Contact
Contractual Point of Contact
Programmatic Point of Contact
Carolyn Washington
Nicole Stanley
FDEM
FDEM
2555 Shumard Oak Blvd.
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
Tallahassee, FL 32399-2100
(850) 410-1271
(850) 410-3457
Carolvn.wash ina-ton cr em.mvflorida.com
Nicole.stanlevecm.mvflorida.com
L. Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in scope of work.
• The FDEM shall administer the financial processes.
32
Attachment B
Program Statutes and Regulations
1) 53 Federal Register 8034
2) Section 1352, Title 31, US Code
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR applicable to grants and cooperative agreements
13) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
14) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
15) Title VI of the Civil Rights Act of 1964, as amended;
16) Section 504 of the Rehabilitation Act of 1973, as amended;
17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
18) Title IX of the Education Amendments of 1972;
19) Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations,
20) 28 CFR Part 42, Subparts C,D,E, and G
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
33
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment
is requested, budget data on which the request Is based must be submitted. Any advance payment
under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be
advanced shall not exceed the expected cash needs of the Recipient within the initial three months of
the Agreement.
( X ) NO ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
ADVANCE REQUEST WORKSHEET
[ I ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
If you are requesting an advance, complete the following worksheet
you do not have this information, call your consultant and he or she will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell D3
DEM Award MAXIMUM
(Do not include any match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
( ] Recipient has no previous DCA/DEM contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
[ ] Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
34
(A)
(B)
(C)
(D)
FFY
FFY
FFY
Total
DESCRIPTION
2005-2006
2006-2007
2007-2008
1
INITIAL CONTRACT ALLOCATION
2
FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3
AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
First three months expenditures need only be provided
for the vears in which you requested
an advance. If
you do not have this information, call your consultant and he or she will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell D3
DEM Award MAXIMUM
(Do not include any match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
( ] Recipient has no previous DCA/DEM contract history. Complete Estimated Expenses chart and
Explanation of Circumstances below.
[ ] Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
34
Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional
pages if needed.
ESTIMATED EXPENSES
BUDGET CATEGORY
2008-2009 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
35
Attachment D
Warranties and Representations
Financial Management
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to.grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition.
All procurement transactions shall be conducted in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offer or whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offer or must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers., employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the Recipient.
we
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
37
Attachment E ( 2)
Subcontractor Covered Transactions
(1) The prospective contractor of the Recipient, University of Miami - Gordon Center for
Research In Medical Education_, certifies, by submission of this document, that neither it nor
Its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation In this transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
SUBCONTRACTOR:
University of Miami—
Gordon Center fo3; Research in Medical Education
K'
By: City of Miami
Signal�}} e . Recipient's Name
Humb
Signal
peziani
Interim Vice President 09DS-48-11-23-02
Name and Title Division Contract Number
Business Services, University of Miami
PO Box 248106
Street Address
Coral Gables, FL 33124-1432
City, State, Zip
March 2, 2009
Date
Attachment E Ty�
Certification Regarding
Debarment, Su spension;.lneligibility
`- And;Voluntary: Exclusion
Subcontractor Covered Transactions
(1) The prospective contractor of the Recipient, DavisLogic, Inc. dba All Hands Consulting, certifies,
by submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
SUBCONTRACTOR:
Steven C. Davis
--
Signature
Steven C. Davis, President
Name and Title
10025 Maple Ave.
Street Address
Columbia, MD, 21046
City, State, Zip
January, 13, 2009
Date
City of Miami
Recipient's Name
09 D S-48-11-23-02
Division Contract Number
Attachment F
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted
project. Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally -assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501, et seq.)
3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
39
properties and by (b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67.615 and 67.620.
M
APPROVED AS TO INSURANCE REQUIREMENTS:
By:
LeeAnn Brehm,
Director Risk Management
APPROVED AS TO FORM AND
CORRECTNESS:
Julie 0. Brv,
City Attorney
ATTEST:
Priscilla A. Thompson,
City Clerk
41