HomeMy WebLinkAboutExhibitContract Number: 09DS-24-11 23-02-011
CFDA Number: 97.067
MODIFICATION #1 TO GRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division of
Emergency Management, ("the Division"), and the City of Miami ("the Recipient) to reinstate and modify the
Division's Contract Number 09DS-24-11-23-02-011, dated August 21, 2008 ("the agreement').
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a sub grant of $11,620,600 to Recipient; and
WHEREAS, the Agreement expired on April 30, 2010; and
WHEREAS, the Division and the Recipient desire to reinstate and modify the Agreement
by extending it.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows. -
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ollows:
1. The Agreement is hereby reinstated as through it had not expired.
2. Paragraph 3, Period of Agreement, is hereby amended to have an expiration
date for the Agreement of June 30, 2010. Final requests for reimbursement
should be submitted no later than thirty (30) days after the termination date of the
contract. Any requests received after July 30, 2010 may, in the discretion of the
Division, not be reimbursed from this Agreement.
3. All provisions not in conflict with this Modification remain in full force and effect,
and are to be performed at the level specified in the Agreement.
4. All provisions of the Agreement being modified and any attachments thereto in
conflict with this Modification shall be and are hereby changed to conform with this
Modification, effective as of the date of the last execution of this Modification by
both parties.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the
dates set out herein.
RECIPIENT: CITY OF MIAMI
NAME & TITLE: Carlos A. Migova, City Manager
DATE:
STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT
BY:
NAME & TITLE: David Halstead Interim Director
DATE:
�7J � io-iogB
Urban Area Security Initiative ("UASI") — Modification #1— FY 2007
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Julie 0. Bru
City Attorney
CITY QF MIAMI, FLORIDA
Wos A. Migoya 6,dj o
City Manager
APPROVED AS TOJNS
REQUIRENMENV.
1
n Brehm Dir for
I LeeA n ,
fRisk Management Division
CE
Contract Number 09DS-24-11-23-02-011
CFDA Number: 97.067
FEDERALLY -FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and
City of Miami, (hereinafter referred to as the 'Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, 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 hereinafter set forth; and
C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Division and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin July 1, 2007 and shall end April 30, 2010, 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 mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
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(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal ACommon 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, "Cast
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 demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided underthis Agreement, fora period of five years from the date the audit report is issued, and
shall allow the Division or its designee, Chief Financial Officer, or Auditor General access to such records
upon request The Recipient shall ensure that audit working papers are made available to the Division
designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date
the audit report is issued, unless extended in writing by the Division with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained 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 of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition 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 supporting 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
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to the Division, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall 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. J
(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.
(ti) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p -m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department and/or the Division with the tecords,
reports or financial statements upon request for the purposes of auditing and monitoring the funds
awarded under this Agreement.
(d) It the Recipient is a State or local government or a non-profit organization. as defined
in OMS 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. EKHIBIT 1 to this Agreement
indicates 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. 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 S (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
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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 elects 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 resources (Le., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shalt also be submitted to aurilla.parrish@dca.state-flus
and
Division of Emergency Management
Bureau of Response
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised {the number of copies
required by Sections .320(d)(1) bnd (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10" Street
Jeffersonville, 1N 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
CircularA-133, as revised.
(f) Pursuant to Section .320 (f), OMB CircularA-133, as revised, the Recipient shall
submit 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 following addresses;
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
an electronic copy shall also be submitted to aurflla.parrish@dca.state.fi.us
and
Division of Emergency Management
Bureau of Response ,
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department and the Division pursuant to this Agreement shalt be submitted timely 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, when submitting financial reporting packages to the Department and the
Division for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate
the date that the reporting package was delivered to the Recipient in correspondence accompanying the
reporting package.
(f) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, 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 (30) days after the Department or the Division has
notified the Recipient of such non-compliance..
U) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shalt either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat. The IPA shaft state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department and the Division no later than nine (9) months
from the end of the Recipient's fiscal year.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with
a close-out report. These reports shaft 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
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expenditure of funds under this Agreement, in addition to such other information as requested by the
Division.
(b) Quarterly reports are due to be received by the Division no later than 30 days after
the end of each quarter of the program year and shall continue to be submitted 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 upon
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, 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 such, other action as set forth in Paragraph (11) REMEDIES.
"Adceptabie to the Division" means that the work product was completed in accordance with the Budget
and Scope of Work, Attachment A.
(e) The recipient shall provide such additional program updates, reports or information
as may be required by the Division.
(8) MONITORING.
The Recipient shall monitor ris performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met, the Budget and Scope of Work, Attachment A its accomplished within
the specified time periods, and other performance goals stated in this Agreement are achieved. Such
review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment
A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted In accordance with OMB Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures
may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMB
Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring proceduresJprocesses deemed appropriate by the
Division. in the event that the Division determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the. Division to
the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
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Inspections, reviews, investigations or audits deemed necessary by the Comptroller 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 769.28, Fla.
Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shalt hold the Division harmless against all claims of whatever nature by third
parties arising out of the performance of work 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 who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat. agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its .
negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees
to be liable for any damages proximately caused by said acts or omissions. 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"), ail obligations on the part of the
Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the
Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may
make any payments or parts of payments after the happening of any Events of Default without thereby
waiving the right to exercise such remedies, and without becoming liable to make any further payment:
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(a) If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Division shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or
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is unable or unwilling to meet its obligations thereunder,
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Division.
(c) If ary 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 in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES.
Upon the happening of an Event of Default, then the Division may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
Within said thirty (30) day period, 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 (30)
days prior written notice of such termination: The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified maiketurn receipt requested, to
the address set forth in paragraph (13) herein; .
Agreement;
(b) Commence 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) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected,
8.
3. advising the Recipient to suspend, discontinue or retrain from incurring costs
for any activities in question or
4_ requiring the Recipient to reimburse the Division for the amount of costs
incurred for any Items determined to be ineligible,-
(e)
neligible;
(e) Require that the Recipient return to the Division any funds which were used for
ineligible purposes under the program laws, rules and regulations governing the use of funds under this
program.
(f) Exercise any other rights or remedies which may be otherwise available under
(g) The ; ur:�u;t of any one of the above remedies shall not preclude the Division from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Division of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other night or remedy of the Division hereunder,
or affect the subsequent exercise of the same right or remedy by the Division for any further or
subsequent default by the Recipient
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause upon thirty (30) days written
notice. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with
applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient
to permit public access to any document, paper, letter, or other material subject to disclosure under
Chapter 1 19, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that the continuation of the Agreement would not produce beneficial results
commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar
days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by -written amendment.of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement.
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(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
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the .
Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for
purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is
determined.
(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 identified below
at the address set forth below and said 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 Grants Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 410-1271
Fax: (850) 488-7842
Email: Carolyn.washinotonC-&em.myflorida.com
(c) The name and address of the Representative of the Recipient responsibie for the
administration of this Agreement is:
Joseph R. Fernandez
City of Miami Department of Fire -Rescue
1151 NW 7" Street, 3'' Floor
Telephone: 305-416-5414
Fax: 3D5-400-5031.
Email: jrfemandez@miamigm, com
dfl�/�
(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
wi11 be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
IN
N the Recipient subcontracts any or all of the wnfK required under this Agreement, a copy of the
unsigned subcontract must be forwarded tot Division for revie"mkand a rovai rior to execution of the
subcontract by theec pient. The Recipient a re to trFclode �n the subcontract that (i) the subcontractor
is bound by the terms is Agreement, (ii) the. subcontractor is bound by all applicable state and federal
laws and regulations, and (iii) the subcontractor shaft 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. Each subcontractor's progress in performing its work under this
Agreement shall be documented in the quarterly report submitted by the Recipient.
For each subcontract, the Recipient shaft provide a written statement to the Division as to
whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. &tat.
(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 herein.
(b) in the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such 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 — 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 11,620,600
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 may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) 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. ff an advance payment is requested, 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.
1. X_ No advance payment is requested.
2. An advance payment of $ 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 Congress,
the State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and Budgeting
or the Federal Office of Management and Budgeting, all obligations on the part of the Division to make
any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report
within thirty (30) days of receipt of notice from the Division.
(18) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to be made
payable to the order of "Department of Community Affairs" and mailed directly to the Department at the
following address:
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Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee Fl_ 32399-2100
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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 to the Division an additional service fee of Fifteen Dollars ($15.00) or Five
Percent (5%) of the face amount of the returned check or draft, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla- Stat., the Division shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
andfor services provided in accordance with the terms and conditions of the Agreement Failure to issue
the warrant within 40 days shall result In the Division paying interest at a rate as established pursuant to
Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (1350) 413-5516.
(20) STANDARD 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 subsequent submission or response to Division request, or in any submission or response to fuffitt the
requirements of this Agreement, and such information, representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and
with thirty (30) 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 lie in the Circuit Court of Leon County, If any
provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shalt be deemed null and void to the extent of such conflict, and shall be deemed severable, but
shall not invalidate any other provision of this Agreement.
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(c) Any power of approval or disapproval granted to the Division under the terms of
this Agreement shat! survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of
which may be taken as an original. J'
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C.. Section 12101 et se . , if applicable, which prohibits discrimination, by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed.on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor fist 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 consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal govemnr ent, by signing this Agreement,
the Recipient 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 commission of 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;
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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,
20(h)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 )ocal) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the
completed `Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion'
(Attachment D) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Division prior to the Recipient entering into a contract with any
prospective 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,
(f) AU bills for fees or other compensation for services or expenses shalt be
submitted in detail sufficient for a proper preauciit and postaudit thereof.
If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with Section 112.081, Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement for refusal by
the Recipient to allow public access to all documents; papers, letters or other material subject to the
provisions of Chapter 119, Fla. Stat:, and made or received by the Recipient in conjunction with this
Agreement.
(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 to grounds for unilateral cancellation of this Agreement by the
Departmen L
(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 such meetings shall be publicly
noticed, open to the public, and the minutes of all such meetings shall be public records, available to the
public in accordance with Chapter 119, Fla. Stat.
(o) Unless inconsistent with the public Interest or unreasonable in cost, 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
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division in connection with 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 undersigned, 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,
16
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 undersigned shall
complete and submit Standard Form-L..L, "Disclosure Form to Report Lobbying," in accordance with its
instructions:
3, The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
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.
(22) COPYRIGHT, PATENTAND 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 brings to the performance of this Agreement 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.
17
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Division for a determination whether patent protection will be sought
in the name of the State of Florida. Any and all patent rights accruing under or in connection with the
performance of this Agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any
and all copyrights accruing under or in connection with the performance under.this Agreement are hereby
transferred by the..Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shaft retain all rights and entitlements to any -
pre -existing intellectual property which is so 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
(23) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment G.
18
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
undersigned officials MIM
orized.
RECIPIENT: CITY O
J
8Y: �
Name and title: Pedro G. r andez , City Manager
Date:
SAMAS # FID# e�)() 0 ,3 D
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
Name and Title: W. Craig Fugate, Director
Date:'
19
Urban Area Security Initiative ("UA -ST") Grant Program — FY 2007 & Memoranda of
Agreements
ATTEST:
Priscilla A. Thompson
City Clerk qL --ACK
APPROVED AS TO FORM AND
CORRECTNESS:
Julie 0. Bru
City Attorney
4P?. (A)
CITY OF
J
Pedro G, Nei
City Manager
APPRO%
REQUIR
i, FLORIDA
LeeAnn Brehm, Jrectdr
Risk Management Division
off�iv��
EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
J
NOTE: if the resources awarded to the recipient represent more than one Federal program, provide the
same information shown below foreach Federal program and show total Federal resources awarded.
Federal Program (list Federal agency, Catalog orFederal Domestic Assistance title and number) —
GFDA #97.067
11,620,600
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED,
PURSUANT TO THIS AGREEMENTARE AS F^LLOWS:
NOTE if the resources awarded to the recipient represent more than one Federal program, list applicable
compliance requirements foreach Federal program in the same manneras shown below:
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities as identified in the United
States Department of Homeland Security, Federal Emergency Management Agency, National
Preparedness Directorate Fiscal Year 2007-08 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 as set forth in this Agreement,
or will be in violation of the terms of the Agreement
NOTE Instead of listing the specilic 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 a spec,ijc lawis), rule fs), or regulation(s) that
pertains to how the awardsd resources must be used or how aligibility 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 A000) 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.
20
Attachment A
Budget and Scope of Work
Proposed Program Budget
Below is a general budget which outlines eligible categories and their alloea6al under this award. The Rccipient is to utilize the
"Proposed Program Budget" as a guide for completing die "Budget Detail Worksheet" Wow.
No more than 5% of the total award may be expended on Management and Administration costs by the Recipient.
No more than 25% of the total award tray be used to support select Operational Activities by dac Recipient and written
approval must be provided by the State prior to the use of any PY2007 UASI funds for operational activities.
At the discretion of the Recipient, funds allocated to Management and Administration and/or Operational Activities (as
described in the "Proposed Program Budget") may be put towards Programmatic costs instead.
IF
Urban Area Security Initiative—Miami City of Miami Total Award
$11,980,000
Urban Area — Issue 65
State Management and Administration withheld 5%
$599,000
City of Miami Award (after 5% reduction)
$11,381,000
City of Miami 3% of Management and Administration
(3% of City's award). This amount is INCLUDED in
$341,430
the City of N7i2mi award amount of $11,381,000.
State Management and Administration 2% pass-
through (2% of original allocation) to the City of
$239,600
Miami. This amount is IN ADDITION to the City
of Miami 3 % M & A allocation and award.
Per FY07 Grant Guidance, no more than 5% of the total amount allocated to the
State for programs within FY07 HSGP may be retained at the State level and used
for Management and Administration purposes. These State M&A funds must be
included when accounting for the total funds retained by the State. In addition,
local jurisdiction sub -grantees may retain and use up to 3 % of their sub -award
from the State for local M&A purposes. States may pass through a portion of the
State M&A allocation to local sub -grantees in order to supplement the 3% M&A
allocation allowed on sub -grantees. However, no more than 5% of the total sub -
award may be expended by sub -grantees on M&A costs.
l3 Id i wUi u's h.ecf
Miami Urban Area - 2007 UASI Budget
Description of Project I A.EL No. Budget
IPnHinc fnr Pira Pnlic= and PM in City. firs mr in.o I06CP-01-PORT I $ 7.5001
Emergency Deployable P25 suitcase repeaters
06CP-01-REPT
$ 25,000
Interoperable Improvements: sustain existing systems
06CP-02-
8RDG et al'
$ 25,ODO
Infero enable communications through P25 compliant radios
06CP-QI-BORT
$ 100,000
Mobile Data Terminals 174 for police)04HW-01-MOBL
$ 300,000
MESH Intero enable Info SharingNetwork
06CP-04-WADN$,A;tr:762;730
Citizen Cor Trainin Equipment and exercise
21GN-00-CCEQ
$ 40,000
Plannin Coordinator
PLANNING
$ 100,000
NIMS Com liance trainingincludingbackfill and overtime
21GN-00-TRNG
$ 75,000
Sustain CCTV surveillances stem
13LE-00-SURV
$ 10,000
CBRNE Training including backfill and OT
21GN-00-TRNG
$ 7000
Technical Rescue Team Training and equipment
21GN-00-TRNG
$ 10O; OO
Planning, Training and Exercises: instruction, materials and backfill
overtime
21GN-00-TRNG
$ X112;000
=�
Communications equipment for Special Ops
06CP-01-HFRQ ��
et al
$ •� 13;
:_
Portable Radio Voice Channel Announcement: software, template and
image ortable radios 500
06CP-01-PORT '
$ 15;D�
Fixed Satellite Phones for City's Critical Infrastructure: 8 additional
hones in total for city-wide emergency operations, to include service.
06CC-03-SATS
$ 2p,000
Sustain Mobile Satellite Phones
06CC-03-SATM
$ '90,00
City-wide Blackberry Build out, Maintenance & Sustainment
04HW-01-MOBL
or 06CC-02-
2WAY
$ 65,000
Emergency Reserve Portable Radio Cache and Accessories
06CP-0I-PORT
$ 201,163
Printed materials for public education
21GN-00-CCEQ
$ 6,510
City of Miami UASI Travel
09ME-01-ADMN
OR PLANNING
$ 20,000
Maintain City of Miami CERT program
21GN-00-CCEQ
$ 25,000
Miami Deputy Emergency Management Planner (14 months) includes city
indirect costs
PLANNING
$ 202,333
UASI Miami Management and Administration JM&A
$ 359,400—
59,400Cit
wide CCN 113LE-00-SURV
Citywide
$ 510,807
Fire Stations/Locations Physical Security Enhancement to include
perimeter security and video monitoring
05NP-00-SEIM
$ 70,000
Fire Prevention Bureau Laptops: 30 12to s, 30 printers, 30 cameras
04HW-01-NTBK
$ 75,000
Fire Station/Locations Communication Equipment Hardening (14
locations) let
14SW-01-SNSR
al
$ 100,000
Two Uninterrupted Power Sources (UPS) for two off-site Police EOCs
10PE-00-UPS
$ 111,123
Fire Stations/Locations Emergency Generators: generators, design, 10GE-00-GENR
permittinp, installation and maintenance
$ 125,000
NIMS and CBRNE Specialized Training: overtime and instructor and 21
equipment costs
GN-00-TRNG
$ 200,000
Mobile Command Unit Build out technology enhancements and 12VE-00-CMDV
maintenance
$ 5,000
Portable Emergency Operations Communications Center 21GN-00-OCEQ
$ 6,042
Emergency Management Program Sustainment & Enhancement: PT&E 09ME-01-ADMN
force multiplier; maintain CEMP EMA standards
$ 110,000
cz,2,.�_
Miami Urban Area - 2007 UASI Budget
1313
Description of Project
AEL No,
Budget
Submittal
City Emergency Operation Center (EOC) Facility Enhancement to include
video displays, cameras, sound system, furniture; PC replacement,
conferencing device etc
21 GN-00-OCEQ
$
350,000
SCBA Air Fill Station @ Training Center
01AR-01-SCBA
$
15,00
Maintenance supplies for Rad Readers
07RD-01-PDGA - $
1,10
CBRNE Decontamination Program for Personal Protective Clothing:
commercial extractors and decon for bunker qear etc
08D2-03-TDEW
$
60,000
Maintain & Sustain CBRNE Antidotes and ongoing replacement due to
expirations
09PH-05-NAAK
$
66,000
CBRNE Compliant SCBA - 260 units
01AR-01-SCBA
$
200,000
Night Vision Imaging for Helicopter
IBAC-00-ACUP
$
10,000
Helicopter Mapping Technology18AC-00-ACFT
$
11,660
Portable Light Towers 4
030E-03-LTPA
$
14,322
Maintain and Sustain CBRNE Equipment
VARIOUS
$
60,000
Night Vision Equipment for Special Ops
030E-02-TILA
$
130,130
AVL Enhancement: Global positioning system for 140 field units
04AP-02-DGPS
$
5,000
Portable Live Fire Car Trainer
21GN-00-TRNG
$
90,000
CBRNE Training
21GN-00-TRNG
-NG
$
20,000
Emergency Response Training for 1st Responders through University of 21 GN -00 -TR
Miami
$
70,000
AM Radio Emergency Alert Sustainment & Build out: add') transmitter site, 04AP-09-ALRT
maintenance recurring fees phone service
$
30,000
Portable Emergency Traffic Control Devices Previously
Approved but rio
AEL
$
80,000
M1R3 Maintainance and Support 04AP-09-ALRT
$
38,814
Exercise Training Workshop 21GN-OD-TRNG
$
30,000
RDSTF Support PLANNING
$
200,000
Plan Develo ment incl. NIMS compliance) PLANNING
$
100,000
Trainging Coordination TRAINING
$
70,000 ,
ICS Training 300 400 IMT, Section Ch. TRAINING .
$
200,000
Assessments PLANNING
$
10,000
CERT training and expansion 21GN-00-TRNG
$
20,000
Exercise Support EXERCISING
$
300,000
Portable Emergency Shelters 75 to include sleeping & sanitation 19SS-00-SHEL
$
100,000 t
Emergency Fuel Vehicles deployable fuel tankers 12VE-00-SPEC
$
129,186
Homeland Security &Terrorism Awareness 21GN-00-TRNG
$
190,396 =
Evidence Collection & Storage Platform 12VE-00-MISS,
030E-01-BGEV
$
155,600 L
Chemical Identification Equipment 07CD-01-FTIR
$
48,000 `
CBRNE Robotix Capabilities for confined areas 030E-07-ROBT
$
200,000
Homeland Security Command & Control 12VE-00-CMDV
$
1,020,010 -
Flood Rescue Equipment: equip and train USAR/FL-TF1 to swiftwater 21 GN-00-TRNG
flood rescue level
$
100,000
Integration of CBRNE Capabilities for JHR Teams IPLANNING
$
325,000 ,
Rescue Operations Training (2,D00 units 21GN-00-TRNG
$
352,996
U rade• Remote F6 Robot 030E-07-UPGD
$
150,000
Mobile Foam Delivery Trailer 12TR-00-TEQP IS
150,000
USAR Collapse/Rescue Trailer for FL -TF1 equipment _ 12TR-00-TEQP 1
$
300,000
1313
Miami Urban Area - 2007. UASI Budaet
Description of Project
AEL No.
Budget
Submittal
All Terrain Forklift for FL -TF1 Florida Task Force 1
19MH-00-BULK
$ 70,000
Video Rescue Throw Phone
06CC-01-CELL
$ 7,000
(previously
approved)_
Rebreathers
01AR-02-APR
$ --"88,160
Special response unit to hold WMD response equipment, lighting and
12TR-00-TEQP
$ 125,620
technical rescue equipment & medical cache
Personal Protective Equipment PPEs For all police &t=ire personnel
01EM-02-GARM
$ 26,540
First responder formalized training - simulated patient training monitor
21GN-00-TRNG
$ 30,360
SimMan for all police and fire personnel
Public Works - Water & Wastewater Utility Control Room Security
14SW-01-SNSR
$ 47,OD0
Police - Re ionai Investigative Capabilities
131T-00-SGNT
$ 55,000
Generator for Logistic Base for First Responder Supplies and
10GE-00-GENR
$ 13,530
Distribution
Public Works - Water Tanks Perimeter Fence Security System
14SW-01-WALL
$ 99,900
Fire - Fire Training: Training costs for FL USAR members to certify in
21 GN-00-TRNG
$ 121,560,
collapse rescue VMR & confined space and trench rescue
Sustain UASI Regional Project Plannin
09ME-01-ADMN
$ 556,800
Regional USAR Training: to sustain training funded in 2006 for 2 USAR task
21GN-00-TRNG
$ 250,000
forces TF1 and TF 2 ; overtime costs
Sustain Regional HazMat Training to sustain training for 160 HazMat
21 GN-00-TRNG
$ 356,000
training courses for Region 7 instructor and materials).
Scalable Tent (Alt Hazards) for Surge Capacity and Alternate Medical
09ME-01-SHEL
$ 35,20
Treatment Sites
Broadband Mobile Data Center to maintain communications
D4HW-01-M0BL
$ 168,499
Monroe County Sheriffs Once Communications Project to include
D4HW-01-DT0P
$ 168,499
message boards, fixed computer system with external antenna; generator fuel
tank
Total $ 11,620,59a
aq
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the tots! award for Issuc 65 as
described in the "Proposed program Budget",
ifany 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.
22
Public Education/Outreach
Develop and implement homeland security support programs and adopt ongoing
DHS national initiatives
Develop and enhance pians and protocols
Develop orconduct assessments
Establish, enhance, or evaluate Citizen Corps -related volunteer programs
Hiring of full or part-time staffor 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— Paymentofovertimcexpenses will be forwork
performed by award (SAA) orsub-award employees in excess of the established
work week (usually 40 hours) related to the planning activities for the
development and implementation of dee programs under HSGP.
Other projects areas -with prior approval from G&T
Overtime for information, investigative, and intelligence sharing activities
Reimbursement of select operational expenses associated with increased security
measures at critical infrastructure sites, incurred during time periods of DHS -
declared Code Orange or Yellow (limited to i0%) or Code Orange (limited to the
remaining 151%).
Funds may only be used in the following authorized categories;
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
• increased border security activities in coordination with CDP.
Hiring of cmtractorskonsuitants for participation in information/intelligence
analysis and sharing groups or intelligence fusion center activities
f - ' d 2•
�� �
_ n �i)g
sO
Overtime and backfill fitnding for emergency preparedness said response
personnel attending G&T-sponsored and approved training classes.
Grantees may also use G&T grant funds to cover overtime and backfill expenses
for part-time and volunteer emergency response personnel participating in G&T
training.
VAST funds may also be used for training citizens in awareness, prevention,
rotection, response and recovery skills
22
23
J
Training Workshops and Conrcrenees -.
Full or Part-Time Stuff or Contractors/Consultauls
Travel
FSupplies
Other items
A complete list of G&T approved courses may be found at www.o*p.asdoi.gov/odi)Jdoe5rMD Course Cataloa2007.ndf
Exercise Planning Workshop - Grant funds may be used to pian 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 orlocal unit(s) of
gm"imcnt and have the approval of the state or the awarding agency, whichever
is applicable. The services ofcontractors/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 (PAR) must be followed,
Overtime and backfijil costs—Overtime and backfill costs associated with the
design, development and conduct ofCBRNE exercises are allowable expenses.
Grantees may also use G&T grant funds to cover overtime and backfill expenses
for part-time and volunteer emergency response personnel participating in G&T
exercises.
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 GJP Financial Guide. tates 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 GJP Financial Guide. For further information cut federal
law pertaining to travel costs please refer totiN,w%N,.oip.usdoi.gov/finguidc06
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 spacellocations for exercise
planning and conduct, exercise signs, badges, etc.
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Up to 15% ofprogrammatic spending may be used to support the hiring of full or
Dart -time staff to conduct eligible programmatic activities rr
24
25
Hiring of full-time or part -tine staff or contraetorslconsultanis:
c To assist with Use management of FY07 HSGP.
o To assist with design, requirements, and implementation of FY07 HSGP.
o To.assist with the implementation and administration ofthe Slate Homeland
Security Strategy, as it may relate to the individual grant program.
Hiring of full-time or part-time staff ar con trnctorsleoosultan ts and cxpcascs
re",
related to:
o application submission management activities and application
requirements.
o Meeting compliance with ieporting/data collection requirements, including data
calls.
Development oroperating plans for information collection and processing
aecasaty to respond to DHS/G&T data calls
Overtime and backfill costs— Paymentofovertime expenses will be for work
performed by award (SAA) or soli=award employees in excess of the established
work week (usually 40 hours) related to the M&A activities for the development
nod implementation of the programs under HSGP. These costs arc 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 traitor agency or government AND from an award for a
single period of time (e.g., I :OD 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
www. of ). usdoi. RoY/fmoll idc06/f .
-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.,
o Recurring fees/charges associated with certain equipment, such as cell phones,
faxes, etc.
o Leasing and/or renting of space for newly hired personnel to administer
programs within FY07 UASI.
-
- ,`I '
e
25
Scope of Work
Funding is provided to perform eligible activities as identified in the Domestic Homeland Security—.
Federal Emergency Management National Preparedness Directorate Fiscal Year 2007 State Homeland
Security Grant Program (SHSGP), 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
Issue 65. Urban Area Security Initiative
FY2007 UASI, Issue 65 allowable costs are divided into the following categories: planning,
training, exercises srid equipment acquisition. In addition, management and administration
costs are also allowable, as are certain operational costs. Each category's allowable costs have
been listed in more detail in the "Budget Detail Worksheet' above.
A. Planning
Developing and implementing homeland security support programs and adopting DHS
national initiatives including but not limited to the following.
• Implementing the National Preparedness Goal and Guidance
• Implementing and adopting NWS
• Modifying existing incident management and Emergency Operating Procedures
(EDPs) to ensure proper alignment with the NRP coordinating structures, processes,
and protocols
• Establishing or enhancing mutual aid agreements
• Developing communications and interoperability protocols and solutions
• Conducting local, regional, and tribal program implementation meetings
• Developing or updating resource inventory assets in accordance to typed resource
definitions issued by the National Integration Center (MC)
• Designing state and local geospatial data systems
• 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
Developing related terrorism prevention activities including but not limited to the
following:
• Developing law enforcement prevention activities, to include establishing and/or
enhancing a fusion center
• Planning to enhance security during heightened alerts, during terrorist incidents,
and/or during mitigation and recovery
• Muhi-discipline preparation across first responder community, including EMS for
response to catastrophic events and acts of terrorism
• Public information/education: printed and electronic materials, public service
announcements, seminars/town hall meetings, web postings coordinated through
local Citizen Corps Councils
• Citizen Corps volunteer programs and other activities to strengthen citizen
participation
F1L
• 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
• EvaluatingSIP security equipment and/or personnel requirements to protect and
secure sites
• CIP cost assessments, including resources (e,g., financial, personnel) required for
security enhancements/deployments
• Multi -Jurisdiction Bombing Prevention Plans (MJBPP)
Underwater Terrorist Protection Plans
Developing related critical infrastructure terrorism prevention activities including:
• Planning to enhance security during heightened alerts, during terrorist incidents,
and/or during mitigation and recovery
• Multi -discipline preparation across first responder community, including EMS for
response to catastrophic events and acts of terrorism
• Public information/education: printed and electronic materials, public service
announcements, seminars/town hall meetings, web postings coordinated through
local Citizen Corps Councils
+ Citizen Corps volunteer programs and activities strengthen citizen participation
+ Evaluating CIP security equipment and/or personnel requirements to protectand
secure sites
• Conduct 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 on the Ready
campaign
• Evaluating CIP security equipment and or personnel requirements to protect and
secure sites
• Cost assessments, including resources (financial, personnel, etc.) required for security
enhancements/deployments.
Developing and enhancing plans and protocols, including but not limited to:
• Developing or enhancing EOPs and operating procedures
• Developing terrorism prevention/deterrence plans
• 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
• Developing or enhancing border security plans
• Developing or enhancing cyber security plans
• Developing or enhancing cyber risk mitigation plans
• Developing or enhancing agricuiture/food security risk mitigation, response, and
recovery plans
• Developing public/private sector partnership emergency response, assessment, and
resource sharing plans
• Developing or enhancing plans to engage and interface with, and to increase the
capacity of, private sector/non-governmentel entities working to meet the humans
service response and recovery needs of victims
• Developing or updating local or regional communications plans
27
• Developing plans to support and assist special needs jurisdictions, such as port
authorities and rail and mass transit agencies
• Developing or enhancing continuity of operations and continuity of government
plans
• Developing or enhagping existing catastrophic incident response and recovery pians
to include and integrate federal assets provided under the NRP
• Developing or enhancing evacuation plans
• Developing or enhancing citizen surge capacity
• Developing or enhancing plans for donations and volunteer management and the
engagement/integration or private sector/non-governmental entities in preparedness,
response and recovery activities
• Developing or enhancing Bombing Prevention Plans
Developing or conducting assessments, including but not limited to: -
• Conducting point vulnerability assessments at critical infrastructure sites/key assets
and develop remediation/security plans
• Conducting cyber risk and vulnerability assessments
• Conducting assessments and exercises of existing catastrophic incident response and
recovery plans and capabilities to identify critical gaps that cannot be met by existing
local and state resources
• Conduct bombing prevention capability analysis
• Activities which directly support the identification ofspecific catastrophic incident
priority response and recovery projected needs across disciplines (e.g. law
enforcement, fire; EMS, public health, behavioral heath, public works, agriculture,
information technology, and citizen preparedness) .
• Activities which directly support the identification and advance preparation of pre -
designated temporary housing sites
Other eligible planning activities are listed in the "Budget Detail Worksheet" above..
B. Operational Activities
No more than 250/. of the gross amount.of the UASI award may be used for operational
expenses and overtime costs for the operational activities noted below_ These funds may
be used for the following three (3) operational activities:
States and local jurisdictions may use up to 25% of FY07 UASI funds to support -
select operational overtime costs associated with increased security measures at
critical infrastructure sites in UASI jurisdictions during periods of heightened
alert.
4 Of this amount, up to 10% of FY07 UASI funds may be used to support
operational overtime costs incurred at Code Yellow or Orange that are
associated with increased security measures at critical infrastructure sites
in UASI jurisdictions.
The remaining 15% of FY07 UASI funds may be used to support
operational overtime costs incurred only at Code Orange that are
associated with increased security measures at critical in frastructure sites
in UASI jurisdictions.
29
Grantees and sub -grantees may use UASI funds for select operational expenses
associated with increased security measures at critical infrastructure sites,
incurred during time periods of DHS -declared Code Orange or Yellow. funds
may only be used in the following authorized categories:
J. Backfill and overtime expenses for staffing state or local EOCs
4 Hiring of contracted security for critical infrastructure sites
Jt Public safety overtime
# 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)
Increased border security activities in coordination with.CBP.
2. 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 (J TF), Area
Maritime Security Committees (as required by the Maritime Transportation
Security Act of 2002), and Terrorism Early Warning (TEW) groups.
Hiring of contractors/consultants for participation in info rmationlinteIligence
sharing groups or intelligence fusion centers.
Critical Infrastructure Sites
Local governments should generally consider critical infrastructure to include
any system or asset that if attacked would result in catastrophic loss of life and/or
catastrophic economic loss. In addition, protection for the following specific
types of facilities should also be considered:
Protective security enhancements for large public gatherings/areas, such
as New Year's Eve celebrations, sporting events and outdoor concerts
Public water systems serving large population centers
Primary data storage and processing facilities, major stock exchanges
and major banking centers
-l- Chemical facilities located in close proximity to large population centers
Major power generation facilities that exceed 2000M W and if
successfully attacked would disrupt the regional electric grid
,<F Hydroelectric facilities and dams that produce power in excess of
2000MW or could result in catastrophic loss of life. if breached
-11. Nuclear Power plants
-4. Electric substations 500KV or larger, and substations 345KV or larger
that are part of a critical system supporting populations in excess of one
million people
Rail and highway bridges over major waterways that, if destroyed, would
cause catastrophic economic loss
*� Major highway tunnels under waterways that if attacked would cause
catastrophic loss of life or catastrophic economic impact
-�L Major natural gas transmission pipelines in excess of 3000 bcf
throughput
�L Natural gas and liquid natural gas (LNG) storage facilities
29
-41 Major petroleum handling facilities such as pipelines, ports, refineries
and terminals
%4. Major mass transit subway systems and the supporting ventilation
systems
J. Telecommunications, intem ( and cyber facilities
J
5. Approval Process:
In order for grantees to drawdown funds for operational activities, the granite
must provide the Division with:
4 The critical infrastructure site requiring additional security;
4 If an event will be taking place, the title of the event and the time period
of the event;
4 A detailed budget and a total CAAlar amount associated with the
additional security;
Email the above information to the contract manager listed in this.contmct for
review and approval.
Note: Written approval must be provided by the State prior to the use of any
FY2007 UAST funds for operational activities.
C. Equipment Acquisition
FY2007 SRSP funds may be used for equipment acquisition from the 22 equipment
categories listed in the FY2007 Grants & Training (G&T) Authorized Equipment List
(AEL). The FY2007 AEL is available in its entirety online through the Responders
Knowledge Base (RKB) at www.rkb.mipt.oM. The equipment categories are outlined
below and in the F'Y2007 SHSP Program Guidance.
Authorized equipment includes the following:
• Personal Protective Equipment
• CBRNE Incident Response Vehicles
• Explosive Device Mitigation and Remediation Equipment
• Terrorism Incident Prevention Equipment
• CBRNE Operational and Search and Rescue Equipment
Physical Security Enhancement Equipment
• Information Technology
• Inspection and Screening Systems
• Cyber Security Enhancement Equipment
• Agricultural Terrorism Prevention, Response and Mitigation Equipment
• Interoperable Communications Equipment
• CBRNE Prevention and Response Watercraft
• Detection Equipment
• CBRNE Aviation Equipment
• Decontamination Equipment
• CBRNE Logistical Support Equipment
• Medical Supplies and Limited Types of Pharmaceuticals
• Intervention Equipment
30
• Power Equipment
• CBRNE Reference Materials
• Other Authorized Equipment
D. Training
Allowable training -related costs include: 1) establishment of CBRNE terrorism and cyber
security training programs within existing training academies, universities or junior
colleges; and 2) overtime and backfill costs associated with attendance at G&T-
sponsored and G&T approved CBRNE and cyber security training courses. The target
audience for training courses include emergency preparedness, prevention and response
personnel, emergency managers and public/elected officials within the following
disciplines: fire service, law enforcement, emergency management, emergency medical
services, hazardous materials, public works, public health, health care, public safety
communications, governmental administrative, cyber stxurity, and private security
providers. In order to deliver these courses, state and local instructors must be certified
to deliver the course by successfully completing G&T train -the -trainer course delivery.
Detailed descriptions ofG&T courses are included in the Training and Educarion
Division Course Catalog at www.ojp.usdoi.at ov/odp/docs/TED Course Catalon2007.pdf
E. Exercises
Funds may be used to design, develop, conduct, and evaluate exercises that:
• Provide homeland security preparedness personnel and volunteers a venue to practice
prevention, protection, response, and recovery activities.
• Evaluate prevention and response plans, policy, procedures, and protocols, including
NIMS and NRP.
+ Assess the readiness of jurisdictions to prevent and respond to terrorist attacks.
• Encourage coordination with surrounding jurisdictions in prevention, protection,
response, and recovery activities.
• Implementation' of HSEEP, including developing and maintaining a self-sustaining
State Homeland Security Exercise and Evaluation Program that is modeled on the
national ]BEEP.
Exercises conducted with G&T support (grant funds or direct support) must be managed
and executed in accordance with the Homeland Security Exercise and Evaluation
Program (HSEEP). HSEEP Volumes I -III contain guidance and recommendations for
designing, developing, conducting, and evaluating exercises. HSEEP Volumes 1-I1I can
be found at at DHS' website at httpsJ/hseep.dhs,gov/. Volume 7V, which contains
sample exercise materials and documents, can be found on ODP's Secure Portal at
https://odp.esportals.com or www.Ilis.gov,
Exercise Scenarios. The scenarios used in SHSGP-funded exercises include catastrophic
events, provided that they also build capabilities that relate to terrorism and based on the
State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for
exercises include: chemical, biological, radiological, nuclear, explosive, cyber and
agricultural. Grantees that need further clarification on scenarios should consult with
their State Exercise Manager for assistance and/or approval. Fifteen ail -hazards National
Planning Scenarios, including 12 terrorism scenarios, have been developed, and will be
made available for use in national, federal, state, and local homeland security
31
preparedness activities (See HSPD-8: National Preparedness on page 49). Citizen
participation in exercises is encouraged to include backfilling non-professional tasks for
first responders deployed on exercise, administrative and logistical assistance with
exercise implementation, and providing simulated victims, press, and members of the
public. Citizen participation in exercises should be coordinated with local Citizen Corns
Council(s). If a state or urban area will be hosting an upcoming special event (e.g.,
Superbowl, G-8 Summit, etc.), or they anticipate that they will apply to be a venue for a
future Top Officials (TOPOFF) exercise, they should pian to use SHSP or UASI funding
to fund training and exercise activities in preparation for that event.
All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises
(FSEs) will be evaluated and performance based. An After Action Report (AAR) and
Improvement Plan will be prepared and submitted to the State following every TTX,
dell, FE, and FSE. AAR/IPs must be provided to the State within 30 days following
completion of each exercise.
F. Personnel
hiring, overtime and backfill expenses are allowable only to perform programmatic
activities deemed allowable under existing guidance. Supplanting is not allowed.
Up to 15°lo of programmatic spending may be used to support the hiring of full or part-
time personnel to conduct program activities that are allowable under the entire FY2007
HHSGP (i.e., planning, training, program management, exercise program management,
etc.) Grantees may request that DHS issue a waiver to increase that ceiling. Waiver
decisions are at the discretion of DHS and will be considered on a case-by-case basis.
The ceiling on personnel costs does not apply to contractors, and is in addition to'eligibie
M & A costs and eligible hiring of intelligence analysts. Grantees may hire staff only for
program management functions not operational duties. Hiring planners, training program
coordinators, exercise managers, and grant administrators fall within the scope of
allowable program management functions. Grant funds may not be used to.support the
hiring of sworn public safety officers to fulfill traditional public safety duties
G. Management and Administration
No -more than 3Y. 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:
To assist with the management of the FY2007 SHSGP
To assist with design, requirements and the implementation of the FY2007 SHSGP
To assist with the implementation and administration of the State Homeland Security
Strategy, as it inay relate to the FY2007 SHSGP
Hiring of full-time or part-time staff or contractors/consultants. and expenses related
to:
• Meeting compliance reporting/data collection requirements, including data calls
Development of operating plans for information coJection and processing necessary
to respond to DHS/ODP data calls
Overtime and backfill costs - Overtime expenses are defined as the result of personne
who worked over and above their normal scheduled daily or weekly worked time in the
performance ofG&T—approved activities. Backfill Costs also called "Overtime as
32
Backfill" are defined as expenses from the result of personnel who are working overtime
in order to perform the duties of other personnel who are temporarily assigned to G&T—
approved activities outside their core responsibilities. Neither overtime nor backfill
expenses are the result of an increase of Full —Time Equivalent (FTEs) employees. These
costs are allowed only to the extent the payment for such services is in accordance with
the policies of the state or units) 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 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 DIP Financial Guide at www.oip.usdoj.gov/fineuide06/.
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 period of performance of the contract;
. 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 the FY2007 SHSGP
Unauthorized Expenditures
• Expenditures for items such as general -use software (word processing, spreadsheet,
graphics, etc.)
• General -use computers and related equipment
• General -use vehicles
• Licensing fees
• Weapons systems and ammunition
• Management and Administration Costs (which include, but are not limited to, hiring
of personnel, travel expenses, meeting expenses, and acquisition of office equipment
or supplies)
• Construction or renovation of facilities that would have been reasonably necessary
due to non -terrorist threats
• Activities unrelated to the completion and implementation of the SHSGP
• Other items not in accordance with the Authorized Equipment List or previously
listed as allowable costs
• Recurring Costs
33
H. Construction and Renovation
Project construction and renovation not exceeding 51,000,000 is also allowable, as
deemed necessary by the Office of G&T, under the FY2007 UASI. These program funds
may be used for construction and renovation projects only when those projects
specifica! ly address enhanced security of critical infrastructure facilities. The following
actions and improvements are considered to constitute construction or renovation:
Construction andfor renovation to guard facilities;
Communications antennas; and,
Any other construction or renovation efforts that change or expand the footprint of a
facility or structure, including security enhancements to improve perimeter security_
Approval Process
In order for grantees to drawdown funds for construction and renovation costs, the
grantee must provide the Division with:
aL A description of the asset or facility, asset location, whether the
infrastructure is publicly or privately owned, and the construction or
renovation project;
-k, Certification that a facility vulnerability assessment has been conducted
for the facility;
14• A description of how the construction or renovation project will address
the identified vulnerabitity(ies) from the assessment;
*� A statement on the consequences of not implementing the construction or
renovation project; and,
4. Completed National Environmental Policy Act (NEPA) Compliance
Checklist.
Note: Written approval must be provided by G&T prior to the use of any F'Y2007
UASI funds for construction or renovation.
L Overtime and Backfill Guidance
Overtime. Expenses -incurred by those personnel who, as a result of G&T approved
activities, are performing over and above their normal, scheduled work hours or work
week.
Backfill (also called Overtime as Backfill), 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 G&T approved
activities outside their core'responsibilities. The OJP 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).
lI. National Preparedness Initiatives
Urban Areas are strongly encouraged to pay close attention to the language in these sections in
order to stay abreast of initiatives being highlighted by DHS and to comply with associated
program requirements.
34
National incident Management System (NIMS)
NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local
governments to work effectively and efficiently together to prepare for, prevent, respond to, and
recover from domestic incidents, regardless of cause, size orcompiexity.
J
Minimum F'Y2007 NIMS Compliance requirements
4: Incorporating NIMS into existing -training programs and exercises;
*l, Ensuring that federal preparedness funding supports MMS
implementation (in accordance with the eligibility and allowable uses of
the grants);
-L. Incorporating NIMS into emergency operations planning;
•� Promotion ofmutuaI aid agreements; and,
.L Institutionalizing -the use of the Incident Command System (ICS).
2. UASIs should support NIMS implementation by:
-4- Having relevant personnel complete the NIMS Awareness Courses:
These independent study courses are available on-line and will take
between forty-five minutes to three hours to complete. The course is
available on the Emergency Management Institute web page at:
http://traininp_Fema.gov
4 Formally recognizing NIMS and adopting NIMS principles and
policies. The NIC will provide sample language and templates to assist
in formally adopting NIMS through legislative and/or
executiveladministrative means.
-W� Establish a NIMS baseline by determining wbich NIMS
requirements are already satisfied. The NIC is.developing a web -based
self-assessment system, the NTMS Capability Assessment Support Tool
(NIMCAST) to evaluate their incident response and management.
capabilities. The NIC is currently piloting the NIMCAST with a limited
number of states. Upon completion of the pilot, the NIC will provide all
potential future users with voluntary access to the system
FY2007 Requirements
In order for the State/UASr to receive FY2007 preparedness funding, the
minimum FY2007 compliance requirements described above must be met.
Additional information about NIMS compliance and resources for achieving
compliance will be forthcoming from the NIC. The NlC web page,
www,fenia.gov/emergency/aims/index.slitm, will be updated regularly with
NiMS information and impiementation guidance.
III. Memorandum of Understanding (MOP Requirements
For any UASI programs involving pass-through of finds, the state may retain some or the entire
local unit of government's allocation of grant funds for expenditures made by the state on behalf
of the local unit of government only if requested in writing by that local unit of government.
States holding grant funds on behalf of local units of government must enter into a formal MOU
35
with the local unit of government specifying the amount of funds to be retained by the state and
the intended use of funds. This MOU request must be initiated by the local unit of government.
A final, executable copy of the MOU must be provided to the Division.
IV, Reporting Requirements
A. 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.
Period i Report due to DEM no later than 1
March 31 1 Apri 130
June 30 1 July 31
July ],through September 30 1 October 31
October i through December 3l - I January 31
Programmatic Reportint': Information to Report On .
After the end of the lune 30 and December 31 reporting period, for the life of the
contract, the Division will provide a Biannual Strategy and Implementation Report
worksheet to The Recipient Point of Contact listed in this contract. This worksheet will
contain all of the information that the Recipient needs to report on. The Recipient is to
complete this worksheet in its entirety and email the finished product to the .
Programmatic contact listed below. The firsi.worksheet will be available after the
October 7 — December30, 2()07 reporting period.
$. 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.
C. 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.
36
J
D. Monitoring
Florida Division ofEmergency 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 stale and federal guidelines. The FDEM is responsible for
monitoring the programmatic and capability portion of the grant to include equipment
procurement and compliance with applicable SHSGP grant guidance_
Monitoring is accomplished utilizing various methods including desk monitoring and 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 techn ical 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 menitorine activity:
Each year the FDEM will identify up to 50% of sub grantees for site visit monitoring.
Examples of areas that may be examined include:
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.
Agency N1MS compliance documentation
In certain circumstances, the FDEM may be requested to provide additional
mon horing/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 SAA. The agency recipients will
compete and submit the desktop monitoring within 30 calendar days of receipt. This contact will
37
_i
provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the
SAA determines that a recipient is having difficulty completing their project.
As difficulties/deficiencies are identified, the respective region or sponsoring agency will be
J 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 forassistance. Examples of TA include but are not limited to:
Equipment selection or available vendors
l� 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 may be 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 POC stating the purpose of the site visit and sent at least
34 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
38
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).
If an item is not available (being used during time of the site visit), the appropriate documentation
most 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. The grantee
will submit a Corrective Action Plan within a timeframe as determined by the SAA. 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.
V. Proararcrmatic 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
carol n.washh2 on em.m florida.corn Nicole. Stanleem.m orida.com
39
VI, Contractual Responsibilities
The FDEM shall determine eligibility of projects and approve changes in scope of work.
The FDEM shall administer the financial processes.
J
M
10
40
Attachment B
Program Statutes and Regulations
1) 53 Federal Reglst�r 6034
2) Federal Acquisition Regulations 31.2 and 037.2
3) Section 1352, Title 31, US Code
4) OMB Circulars A-21, A-87, A-110, A-122
5) Chapter 473, Florida Statutes
6) Chapter 215, Florida Statutes
7) Section 768.28, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 296.181(6), Florida Statutes
10) Cash Management Improvement Act Of 1990
11) American with Disabilities Act
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 286.011, Florida Statutes
15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, part 66, Common rule,
16) Uniform Pelocation Assistance and Real Property Acquisitions Act of 1970
17) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
13) Section 106 of the National Historic Preservation Act of 1965 as amended (16 USC 470),
Executive Order 11593
19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.)
20) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
21) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
22) 28 CFR applicable to grants and cooperative agreements
23) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
24) 42 USC 3789(d), or Victims of Crime Act (as appropriate),,
25) `title Vt of the Civil Rights Act of 1964, as amended;
26) , Section 504 of the Rehabilitation Act of 1973, as amended;
27) Subtitle A, Tibe II of the Americans with Disabilities Act (ADA) (1990);
28) Title 1X of the Education Amendments of 1972;
29) the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations,
30) 28 CFR Part -02, Subparts C,D,E, and G
31) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
32) Federal Acquisition Regulations 31.2 and 931.2
41
Attachment C
JUSTIFICATION OF ADVANCE PAYMENT
J
RECIPIENT:
indicate by checking one of the boxes below, it 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 its subject to s. 216.181(96), Fla. Stat. The amount which may be, advanced shall
not exceed the expected cash needs of the recipient wit -n the initial three months.
1 NO ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required_
( ] ADVANCE REQUESTED - --
Advance payment of S 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..
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet
(A) (8) (C)
FFY FFY FFY
DESCRIPTION 2004-2005 2005-2006 2006-2007
INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES _
9 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 b line 1-
First three months expenditures need only be provided for the years In which you requested an advance. If
you do not have this Information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell D3 DEM Award MAXIMUM
(Do not include any snatch) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
j ] Recipient has no previous DCA/DEM contract history. Complete Estimated Expensas chart and
Explanation of Circumstances below.
j ] Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above.
42
Total
Complete estimated expenses chars and Explanation, of Circumstances below. Attach additional
pages if needed.
ESTIMATED EXPENSES
[BUDGET CATEGORY J 2006-2007 Anticipated Expenditures for First Three Months o/
Contract
ADMINISTRATIVE COSTS
(Include Seconds Administratlon.
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
43
Attachment D
Warranties and Representations
Financial Manag ement
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 adequately the source and application of funds for all activities. These
records shall contain information pertaining to grant awards, authorizations,, obligations,
unobhgated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such 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.
j5) Written procedures for determining the reasonableness, allocability, and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(6) Accounting records, Including cost accounting records that are supported by source
documentation.
competition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
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 offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,
price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the
bidder or offeror shall fulfill in order for the bid or offer to be evaivated by the Recipient. Any and all bids
or offers may be rejected when it is in the Recipient's interest to do so,
44
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 em oyee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds it a real or apparent
convict 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 oris
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.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
i least one employee on site, from 8;00 AtJ to 5:t?0 PM. Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular worst for which they are hired by the Recipient.
45
Attachment E
Certification Regarding.
Debarment, Suspension, Ineligibility
And Votuntaa Exclusion i
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed fordebarment, 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.
CONTRACTOR:
8y:
Signature
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
Division Contract Number
46
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 willnotify 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. !t 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 100 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 B0o.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by (b) complying with alfrequirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties.
47
10. It will comply, and assure the compliance of all its subgranlees 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 Welland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Prog ra ms.
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 11 of the Americans with Disabilities Act (ADA)
(1990); Tale IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non -Discrimination Regulations, 26 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 witl 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.
48
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Department of Homeland Security
2007 Urban Areas Security Initiative (UASI)
CONTRACTUAL FORMS and REQUIREMENTS
Quarterly Financial History Report/ Status Report (Form 1 and Form 2):
These reports must be completed in full quarterly. These are required reports and must be submitted within 30 days of
the end of each report period in order to be considered in compliance with the terms of the contract.
These reports are to Include, but not be limited to, the work that has been completed, 1pe work in progress and the timeline
of the work left to be completed. If any delays from the original timeline have occurred, specify the reason and revise the
completion timeline.
If expenditures do not occur during a given report period, Forms land 2 should be submitted with complete Information clearly
linked to the project.
Reimbursement Request (Form 3), Detail of Claims (Form 4) and Budget Detail Worksheet (Form 48):
These forms are to be filed as needed. Complete Reimbursement Reques+ by entering all information needed for
reimbursement.
The Detail of Claims form must accompany the Reimbursement Request form, along with the Budget detail
Worksheet.
The Reimbursement Request form must be signed by the contract manager or someone with equal authority.
Claims are to be submitted to the following address:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BUREAU OF RESPONSE
DHS GRANTS UNIT —Atte: (Carolyn Washington)
2555 SHUMARD OAK BOULEVARD
TALLAHASSEE, FLORIDA 32399-2100
Close Out Report - (Form 5):
Close Out Reports are due as soon as the final payment has been made and all final expenditures have occurred.
The contract cannot be considered closed until the Close Out Report has been received.
Documentation of project expenditures:
I . Grantces must maintain documentation of expenditures for a minimum period of five years fobcwing the close of
pro)ect/program operations unless audits require a longer period of time,
2. Grantees should maintain a financial file with copies of back-up documentation for all paid project/program expenditures
made by the grantee during the grant period. Documentation of expenditures against the program will be reviewed and
verified during on-site monitoring visits or when necessary by the DEM staff. Acceptable documentation includes copies
of purchase orders and paid vouchers, paid invoices or cancelled checks, payroll vouchers, journal transfers, etc. These
documents should be submitted when requesting reimbursement.
3. In order to document hours worked on the program by permanent or temporary staff, the grantee may use its own time
and attendance forms.
4. All claims for reimbursement of expenditures must be submitted on the approved DCA financial reporting forms.
Claims not submitted on the proper form cannot be processed and will be returned for corrections.
IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY, PLEASE NOTIFY YOUR CONTRACT MANAGER
GRANTEE:
AGREEMENT#
(check the quarter of submission along with year)
QUARTERLY REPORTING DUE DATES
JANUARY 1- MARCH 31 - Due no later than April 30,
APRIL 1 - JUNE 30 - Due no later than July 31,
JULY 1- SEPTEMBER 30 - Due no latae than OCTOBER 31, _
OCTOBER 1 - DECEMBER 31 - Due no later than January 31,
CUMUATI'vd
,.:�-.i+,wwa ta�Lfr.9, karsn"�a..
Yp5 EXPENDELT . .
y �5:.� �..:.:v-+11V... . -.,� .. .. n.....„.
1. Planning Costs
2. Organizational Activities
(limited to 251/o of the total UASI award
3_ Training Costs
4. Exercise Costs
5. Equipment AcuisitionCosts
6. Management and Administration Costs
(limited to 3% of the total award)
7. TOTAL EXPENDITURES
TOTAL PAYMENTS PREVIOUSLY RECEIVED
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Signed
This information must be clearly linked to the project TIMELINE, DELIVERABLES AND THE SCOPE OF WORK.
Report events, progress, delays, etc. that pertain to this project
(Attach additional pages(s) if needed)
Grantee Payment date
Address Pa ment # J
Phone #
A reement # Agreement Amount
COSTS INCURRED DURING THE PERIOD OF: / / through ! /
��T�iIS�IU!'LlSf7;�.�.�A`�C�l(} PANIEDIf'�"T �"bETAt'O�EX�,PEND�TURES�FRlflf�����
1. Planning Expenditures $
2. Organization Activities Expenditures $
(limited to 25% of the total UASI award)
3. Training Expenditures $
4. Exercise Expenditures $
5. Equipment Acquisition Expenditures $
6. Management and Administration Expenditures $
(limited to 3% of the total award)
7. Total Expenditures $
1 hereby certify that the above costs are true and valld.costs incurred in accordance with the project agreement.
Signed
Contract Manager or Financial Officer
r 3
:_--'••�µ�aS:Y..a� .�:.. �' .'R �� ' -.� �r�Cr3.; s d�'"�"�G rr �'N... c n trJ.._-f ^` r +„q'� �r r a fi`'!7'- � i;�. �� Lf ^ki }- J 2 �z n �r�.. -..�
r=:�rN�i:�;.,��m. �..srF�;ru��_,...:�:u:���,�.,. ?.,...._ . ra?�......c.::v,'.�"z��. k.,.`��.�� _�:,c�,..v�x�"� G:�s,._.,N_,���h�;3'.�.,_�,�.:.�i.;�r_.YJ�ir,.,��.,_...L„_..�,�:;:".t-.�.:._��•W:
TO BE COMPLETED BY DEM STAFF
AGREEMENT AMOUNT
PREVIOUS PAYMENT(S)
I THIS PAYMENT
I REMAINING BALANCE
TOTAL AMOUNT TO BE PAID
ON THIS INVOICE
PLEASE SUBMIT A SEPARATE FORM (4) FOR EACH OF THE FOLLOWING CATEGORIES
CATEGORY
.� SELECT .CATEGORY FROM LIST
GRANTEE:
COST INCURRED DURING THE PERIOD OF
AGREEMENT #
1. FORM MUST BE COMPILED FROM FORM 48 BY CATEGORY
2. FORM MUST ACCOMPANY THE REIMBURSEMENT REQUEST
J
THIS !FORM IS BACKUP AND MUST ACCOMPANY THE REIMBURSEMENT REQUEST
AND DETAIL OF CLAIMS, FORM 4A
Public Education/Outreach
j Develop and implement homeland security support programs and adopt J tl+
ongoing DHS national initiatives II JI
I Develop and enhance plans and protocols I I I I
I Develop or conduct assessments I I I I
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
restablished
ls required to conduct planning activities
per diem related to planning activities
e and backfill costs — Payment of overtime expenses will be for
rformed by award (SAA) or sub -award employees in excess of the
work week (usually 40 hours) related to the planning activities
evelnoment and imolementation of the oroarams under HSGP.
Other projects areas with prior approval from G&T
Overtime for information, investigative, and intelligence sharing activities
Reimbursement of select operational expenses associated with increased
security measures at critical infrastructure sites, incurred during time
periods of DHS -declared Code Orange or Yellow (limited to 10%) or Code
Orange (limited to the remainingl5%).
Funds may only be used in the following authorized categories:
• 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
• Increased border security activities in coordination with CBP.
Hiring of contractors/consultants for participation in
infdrmation/inteliigence, analysis and sharing groups or intelligence fusion
center activities
P
• vir [ , , .`t ' (Tb:
Oma ;�. '
m
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�; ,1 �.`
Overtime and backfill funding for emergency preparedness and response
personnel attending G&T-sponsored and approved training lasses.
Grantees may also use G&T grant funds to cover overtime and backfill
expenses for part-time and volunteer emergency response personnel
participating in G&T training.
UASI funds may also be used for training citizens in awareness,
prevention, protection, response and recovery skills
Training Workshops and Conferences -,
_l
Full or Part -Time Staff or Contractors/Consultants
Travel
Supplies
Other Items
A complete list of G&T approved courses may be found at www .olo.usd i.goviocip/docst"l-ED Course Catalo-0007.0
. . .......... .. .. ......... . ... .... ....... ... ... ... . .
Planning Workshop - Grant funds may be used to plan and
7Exerclse
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 a ' re
allowable expenses. Grantees may also use G&T grant funds to cover
overtime and backfill expenses for, part-time and volunteer emergency
response personnel participating in G&T exercises -
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
www.oip.usdoi.00 ffinquideM.
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.
Eli`. . . . . . . . . . . . . . . . .....
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yCBRNE referentie'iiiaenaist�
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This Form Should Be Completed And Submitted To The Department No
Later Than Sixty (60) Days After The Termination Date Of The Agreement
J
GRANTEE AGREEMENT
ADDRESS AGREEMENT AMOUNT
CITY AND STATE AGREEMENT PERIOD
Total Funds Received From
The Division of Emergency Management
Agreement (column 4, Line 7)
Less Tota! Grant Award Expenditures
(Col. 2, line 7)
Equal Balance of Agreement Owed to DEM
Refund Due to State? Yes No
If Yes, Refund Check Enclosed? Yes No
If No, Enter Date Refund will be submitted
Refund and/or final interest check are due no later than
ninety (90) days after the expiration date of the Agreement.
Make Check Payable -to.
Cashier
Department of Community Affairs
Mail to;
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oaks Boulevard
Tallahassee, Florida 32399-2100
y� FUNDS RECEIVED UNDER�T+1lS AGREEMENT'S c:
;, • � �.�:- -r,� a ;,Fmk. "�r� ,�L+r. �-a:,r�,�-rw�.�,y�`t: ,.
_. Date �,z�rrr�� F_,„:, vc .�:3�rAmouh • �g-_+
i-
2.
3.
4.
5.
6.
7. TO TAL
] 4 �k
rA reema�it AmounC, fi Jnr g....
Less Total Funds Received under
this Agreement Column 4,Line
1 hereby certify that the above costs are true and valid
costs Incurred In accordance with the pro)ectAgreement,
and that the matching funds, In-kind or cash, were utilized
toward the project'In this Agreement.
Signed
Contract Manager or Financial Officer
Date
File ID #: 08-00356
Version: 2
City of Miami
Master Report
Resolution R-08-0996
Controlling Office of the City
Body: Clerk
City Hall
3500 Pan American Drive
Miami, FL 33133
WWN'.mlamigMCOM
Enactment Date: 4/10/08
Status: Passed
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A
NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREAS SECURITY INITIATIVE ("UASI")
GRANT PROGRAM (FISCAL YEAR 2007)," AND APPROPRIATING FUNDS FOR THE OPERATION OF
SAME, IN THE AMOUNT OF $11,620,600, CONSISTING OF A GRANT FROM THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY, PASSED DIRECTLY TO THE STATE OF FLORIDA,
DIVISION OF EMERGENCY MANAGEMENT ("DEM"); AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO
IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF
FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY
EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; AUTHORIZING THE CITY MANAGER
TO EXECUTE MEMORANDUM OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH ITS CONTIGUOUS COUNTIES, MIAMI-DADE, MONROE AND THE CITY OF HIALEAH,
SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT
AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT
OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON FUNDING OF SAID
PROJECT BEING SECURED IN THE FORM OF GRANTS FROM THE STATE OF FLORIDA DEM.
Reference: introduced: 3!18/08
Name. Establishing Fund - UASI Grant Program 07
Requester: Department of Cost: Final Action: 4/10/08
Fire -Rescue
Notes:
Sections:
Indexes:
Attachments: 08-00356 Legislation.pdf, 08-00356 Exhibit.pdf, 08-00356 Exhibit2.pdf, 08-00356 Summary Form.pdf,
08-00356 Grant Program.pdf, 08 -00356 -Submittal -E -mail -Maurice L. Kemp.pdf, 08-00356 Exhibit 3.pdf,
08-00356 Exhibit 4.pdf
Action History
Ver. Acting Body Date Action Sent To Due Date Returned Result
City of Miami Page I Printed on 4/30/2010
Office of the City 3/26/08 Reviewed and
Attorney Approved
City Commission 4/10/08 ADOPTED WITH
MODIFICATIONS
City of Miami Page 2 Printed on 4/30/2010
A motion was made by Angel Gonzalez, seconded by Michelle Spence -Jones, that this matter be ADOPTED WITH
MODIFICATIONS. Note for the Record: Subsequent to the City Commission meeting, notification was provided that
Item REA instead should have had the substitution agreements originally proferred as pertaining to RE.5, resulting in
a modified resolution for REA. See attached notification.
Chair Sanchez: REA. REA is being presented to us by the Department of Fire -Rescue.
Deputy Chief Maurice Kemp (Fire -Rescue): Maurice Kemp, deputy fire chief. REA is a resolution, with attachments,
establishing a new special revenue fund, which is the 27 -- 2007 UASI (Urban Areas Security Initiative) grant.
Commissioner Gonzalez: I'll move REA
Vice Chair Spence -Jones: Second.
Chair Sanchez: Okay. There's a motion by Commissioner Gonzalez, second by the Chair [sic]. The item is — before
we open it up for discussion, anyone from the public wishing to address REA, which is a resolution? Seeing no one,
the public hearing is closed; coming back to the Commission. Any further discussion on REA? Hearing --
Julie 0. Bru (City Attorney): Mr. Chairman.
Chair Sanchez: Madam Attorney, you're recognized for the record.
Ms. Bru: Just for the record, the item, as was sent to the agenda for print, did not include one of the attachments.
Priscilla A. Thompson (City Clerk): Two.
Deputy Chief Kemp: That's 5.
Ms. Bru: Oh, that's 5? Okay. The MOU (Memorandum of Understanding).
Deputy Chief Kemp: The next one.
Ms. Thompson: I'm sorry. According to my records --
Ms. Bru: Sorry.
Ms. Thompson: -- I have that two --
Chair Sanchez: There is no supplement on this item; it's the next item, if I'm not correct [sic].
Deputy Chief Kemp: Yes, sir. You're correct. It's the next --
Chair Sanchez: Okay.
Deputy Chief Kemp: -- item.
Ms. Thompson: I'm sorry. Just for my records because --
Chair Sanchez: Yes.
Ms. Thompson: -- in my office, I received two additional attachments for the UASI grant. Did someone confuse our
paperwork?
Deputy Chief Kemp: Both item 4 and item 5 referenced UASI grant. The one that needs the substitution will be RE.5.
City of Miami Page 3 Printed on 4/30/2010
Aye: 5 - Angel Gonzalez, Marc David Samoff, Joe Sanchez, Tomas Regalado and Michelle Spence -Jones
2 , Office of the Mayor 4/17/08
Signed by the Mayor Office of the City
Clerk
2 Office of the City Clerk 4/17/08
Signed and Attested by
City Clerk
2 Office of the City 10/31108
Reviewed and
Attorney
Approved
City of Miami Page 4 Printed on 4/30/2010
File Number: 08-00356
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREAS
SECURITY INITIATIVE ("UASI") GRANT PROGRAM (FISCAL YEAR 2007)," AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT
OF $11,620,600, CONSISTING OF A GRANT FROM THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY, PASSED DIRECTLY TO THE STATE
OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT ("DEM");
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND
TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE
OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF FUNDS TO
VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND
SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES;
AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ITS
CONTIGUOUS COUNTIES, MIAMI-DADE, MONROE AND THE CITY OF
HIALEAH, SETTING FORTH THE PARTIES' RESPONSIBiLITiES IN
CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI
PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF
FIRE -RESCUE, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON
FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS
FROM THE STATE OF FLORIDA DEM.
WHEREAS, most states and municipalities have strengthened their overall capability to respond to
acts of terrorism involving chemical, biological, radiological, nuclear or explosive weapons, there
continues to be room for improvement in meeting our national priorities in preventing and responding
to terrorist attacks; and
WHEREAS, the United States ("U.S.") Department of Homeland Security, State of Florida, Division
of Emergency Management, is authorized by the Emergency Wartime Supplemental Appropriations
Act 2003, to provide funds to states for subsequent distribution to selected urban areas to address the
unique equipment, training, planning, exercise and operational needs for large urban areas, and to
assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from
threats or acts or terrorism; and
WHEREAS, the U.S. Homeland Department Security, through the State of Florida, Division of
Emergency Management ("DEM"), has sub granted an Urban Areas Security Initiative Grant Program
(Fiscal Year 2007) ("UASI Grant FY 2007"), to the City of Miami ("City") and its contiguous counties,
Miami -Dade, Monroe, and the City of Hialeah ("Contiguous Counties and Hialeah"), in the amount of
$11,620,600, for Fiscal Year 2007; and
WHEREAS, as stipulated in said grant award, the City Department of Fire -Rescue will use said
funds to address the unique equipment, training, planning, exercise and operational needs of the City
Ciry ojMiami Page 1 of 3 Printed On: 3/20/2008
City of Miami
City Hall
3500 American
erican
Drive
•': ,.... ,
Legislation
Miami, FL 33133
www-miamigov.com
Resolution
File Number: 08-00356
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREAS
SECURITY INITIATIVE ("UASI") GRANT PROGRAM (FISCAL YEAR 2007)," AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT
OF $11,620,600, CONSISTING OF A GRANT FROM THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY, PASSED DIRECTLY TO THE STATE
OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT ("DEM");
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND
TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE
OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF FUNDS TO
VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND
SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES;
AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ITS
CONTIGUOUS COUNTIES, MIAMI-DADE, MONROE AND THE CITY OF
HIALEAH, SETTING FORTH THE PARTIES' RESPONSIBiLITiES IN
CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI
PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF
FIRE -RESCUE, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON
FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS
FROM THE STATE OF FLORIDA DEM.
WHEREAS, most states and municipalities have strengthened their overall capability to respond to
acts of terrorism involving chemical, biological, radiological, nuclear or explosive weapons, there
continues to be room for improvement in meeting our national priorities in preventing and responding
to terrorist attacks; and
WHEREAS, the United States ("U.S.") Department of Homeland Security, State of Florida, Division
of Emergency Management, is authorized by the Emergency Wartime Supplemental Appropriations
Act 2003, to provide funds to states for subsequent distribution to selected urban areas to address the
unique equipment, training, planning, exercise and operational needs for large urban areas, and to
assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from
threats or acts or terrorism; and
WHEREAS, the U.S. Homeland Department Security, through the State of Florida, Division of
Emergency Management ("DEM"), has sub granted an Urban Areas Security Initiative Grant Program
(Fiscal Year 2007) ("UASI Grant FY 2007"), to the City of Miami ("City") and its contiguous counties,
Miami -Dade, Monroe, and the City of Hialeah ("Contiguous Counties and Hialeah"), in the amount of
$11,620,600, for Fiscal Year 2007; and
WHEREAS, as stipulated in said grant award, the City Department of Fire -Rescue will use said
funds to address the unique equipment, training, planning, exercise and operational needs of the City
Ciry ojMiami Page 1 of 3 Printed On: 3/20/2008
File Number: 08-00356
and the Contiguous Counties and Hialeah, and to assist the City in building an enhanced and
sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and ✓
WHEREAS, in accordance with the UASI Grant FY 2007, the attached Memorandum of
Agreemen4 with City's Contiguous Counties and Hialeah, will provide the necessary guidelines to
coordinate he UASI Grant FY 2007 between aforementioned counties to enhance the City and its
surrounding jurisdictions' ability to respond to terrorist threats or acts and will permit the City to
reimburse its Contiguous Counties and Hialeah for its expenditures that are compliant with said
project; and
WHEREAS, it is now appropriate for the City Manager to accept said grant and to establish a
special revenue fund for the appropriation of said grant award;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2, The following new Special Revenue Fund is established and resources are appropriated
as described below:
FUND TITLE: Urban Area Security Initiative (UASI)
Grant Program (Fiscal Year 2007)
RESOURCES: Department of Homeland Security $11,620,600
Passed directly to the State of Florida
Division of Emergency Management
APPROPRIATIONS:
$11,620,600
Section 3. The City Manager is authorized f 11 to accept said grant award and to execute the
necessary documents to implement acceptance of said grant award.
Section 4. The City Manager is authorized f 1} to execute Memorandum of Agreements, with its
Contiguous Counties and Hialeah, for the purpose of setting forth the parties' responsibilities in
connection with the development and support of the UASI project administered by the City's
Department of Fire -Rescue, as an UASI sponsoring agency, contingent upon funding of said project
being secured in the form of the grants from the State of Florida, Division of DEM.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. (21
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Civ of Miami Page 2 of 3 Printed On: 3120/2008
File Number: 08-00356
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 Printed On: 312012008
MEMORANDUM OF AGREEMENT
FOR PARTICIPATING MIAMI UASI GRANT FY 2008 AGENCIES
This Agreement is entered into this day of , 2008, by
and between the City of Miami, a municipal corporation of the State of Florida, (the
"Sponsoring Agency") and Miami -Dade County Board of County Commissioners, (the
"Participating Agency").
RECITALS
WHEREAS, the U.S. Department of Homeland Security Office of Grants and
Training (OG&T), is providing financial assistance to the Miami urban area in the
amount $11,620,600 dollars through the Urban Area Security Initiative {UASI) Grant
Program 2007; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI
Grant Program FY 2007; and
WHEREAS, as the OG&T requires that the urban areas selected for funding take
a regional metropolitan area approach to the development and implementation of the
UASI Grant Program FY 2007 and involve core cities, core counties, contiguous
jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the FY 2007 Urban Area has been defined as the City of Miami,
Miami -Dade and Monroe Counties, and the City of Hialeah, and anticipates sub-
granting a portion of the UASI funds in accordance with the grant requirements; and
WHEREAS, the City Commission, by Resolution No. ,
adopted on , has authorized the City Manager to enter into.this
Agreement with each participating agency on behalf of the City of Miami; and
�p *g,633
Page I of I I
WHEREAS, the Sponsoring Agency wishes to work with the participating
agencies through the Urban Area Working Group process to enhance Miami and its
surrounding jurisdictions ability to respond to a terrorist threat or act.
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree
as follow:
I. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the
Participating Agencies for activities under the UASI Grant Program FY 2007 which
was made available by Office of Grants and Training (OG&T) and the State of
Florida Division of Emergency Management (DEM).
B. This Agreement serves as the Scope of Work between the Participating Agency and
the Sponsoring Agency.
If. SCOPE
A. The provisions of this Agreement apply to UASI Grant Program FY 2007 activities to
be performed at the request of the federal government, provided at the option of the
Sponsoring Agency, and in conjunction with, preparation for, or in anticipation of, a
major disaster or emergency related to terrorism and or weapons of mass
destruction.
B. No provision in this Agreement limits the activities of the Urban Area Working Group
or its Sponsoring Agency in performing local and state functions.
III DEFINITIONS
A. Critical Infrastructure. Any system or asset that if attacked would result in
catastrophic loss of life and/or catastrophic economic loss management of
resources (including systems for classifying types of resources); qualifications and
Page 2 of 1 1
certification; and the collection, tracking, and reporting of incident information and
incident resources.
B. Core County. The county within which the core city is geographically located. The
core city is the City of Miami.
C. UASI Grant Program FY 2007. The UASI Grant Program Fiscal Year 2007 reflects
the intent of Congress and the Administration to enhance and quantify the
preparedness of the nation to combat terrorism.
D. National Incident Management System (NIMS). This system will provide a
consistent nationwide approach for federal, state, and 1ocal governments to work
effectively and efficiently together to prepare for, respond to, and recover from
domestic incidents, regardless of cause, size, or complexity. To provide for
interoperability and compatibility among Federal, State, and local capabilities, the
NIMS will include a core set of concepts, principles, terminology, and technologies
covering the incident command system; multi -agency coordination systems;
unified command; training; identification and
E. Urban Area Working Group (UAWG). The State Administrating Agency Point of
Contact (SAA POC) must work through the Mayor/CEOs from all other jurisdictions
within the defined urban area to identify POCs from these jurisdictions to serve on
the Urban Area Working Group. The Urban Area Working Group will be
responsible for coordinating development and implementation of all program
elements, including the urban area assessment, strategy development, and any
direct services that are delivered by OG&T.
F. UASI Grant Program FY 2007, This grant is being provided to address the unique
equipment, training, planning, and exercise needs of large high threat urban areas,
and program activities must involve coordination by the identified core city, core
countylcounties, and the respective State Administrative Agency. Funding for the
UASI Grant Program FY 2007 was appropriated by U.S. Congress and is
Page 3 of 1 1
authorized by Public Law 108-11, the Emergency Wartime Supplemental
Appropriations Act, 2003. The funding will provide assistance to build an enhanced
and sustainable capacity to prevent, respond to, and recover from threats or acts
of terrorism for the selected urban areas.
G. Urban Area. An urban area is limited to inclusion of jurisdictions contiguous to the
core city and county/counties, or with which the core city or county/counties have
established formal mutual aid agreements.
IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the City of Miami Fire -
Rescue Department, authorized to carry out the herein agreed upon
responsibilities of the Sponsoring Agency.
B. Coordinating with named counties and cities, with the respective State
Administrative Agency, and with the OG&T.
C. Conducting a comprehensive Urban Area Assessment, which will in tum guide the
development of an Urban Area Homeland Security Strategy.
D. Ensuring the participation of the following critical players in the assessment and
strategy development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, public works,
governmental administrative, public safety communications, healthcare and public
health.
E. Developing a comprehensive Urban Area Homeland Security Strategy and submit
to the SAA POC.
F. Complying with the requirements or statutory objectives of federal law.
Page 4 of I I
G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
H. Following grant agreement requirements and/or special conditions.
Submitting required reports.
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the main liaison and partner
with the City of Miami Fire -Rescue Department, authorized to carry out the herein
agreed upon responsibilities of the Sponsoring Agency.
B. Developing sub -grants for municipalities within each county in accordance with UASI
Grant Program FY 2007 requirements. Participating Agencies and sub -grantees
must abide by the grant requirements including budget authorizations, required
accounting and reporting on fund usage, use of funds only for the intended purpose,
and tracking of federally funded assets.
C. Submitting monthly budget detail worksheets to the City of Miami on the progress of
direct purchases of equipment or services.
D. Complying with all UASI Grant Program FY 2007 requirements.
E. Participating as a member of the Urban Area Working Group to include coordinating
with and assisting the City of Miami in conducting a comprehensive Urban Area
Assessment, which in turn will guide development of an Urban Area Homeland
Security Strategy.
F. Ensuring the participation of the following critical players in the assessment and
strategy development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, {public works,
Page 5 of 11
governmental administrative, public safety communications, healthcare and public
health.
G. Assisting the sponsoring agency in development of a comprehensive Urban Area
Homeland Security Strategy.
H. Complying with the requirements or statutory objectives of federal law.
1. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
J. Following UASI Grant Program FY 2007 agreement requirements and/or special
conditions.
K. Submitting required reports as prescribed by the Sponsoring Agency.
L. Maintaining an equipment' inventory of UASI purchased items.
VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the Urban Area Security Initiative will be
administered solely by the Sponsoring Agency.
B. The Participating Agencies will provide financial and performance reports to the
sponsoring agency in a timely fashion. The Sponsoring Agency will prepare
consolidated reports for submission to the State of Florida.
C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers
compensation or time related issues of the Participating Agency personnel.
D. Sponsoring Agency and Participating Agency are subdivisions as defined in Section
768.28, Florida Statutes, and each party agrees to be fully responsible for the
Page 6ofII
respective acts and omissions of its agents or employees to the extent permitted by
law. Nothing herein is intended to serve as a waiver of sovereign immunity by any
party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be
sued by third parties in any manner arising out of this Agreement or any other
contract.
E. This is a reimbursement grant that requires the Participating Agencies to purchase,
receive, and pay invoices in full for equipment, services, and allowable personnel
costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency.
VII. FINANCIAL_ AGREEMENTS
A. Financial and Compliance Audit Report: Recipients that expend $300,000 or more
of Federal funds during their fiscal year are required to submit an organization -wide
financial and compliance audit report. The audit must be performed in accordance
with the U.S. General Accounting Office Government Auditing Standards and OMB
Circular A-133
B. The Secretary of Homeland Security and the Comptroller General of the United
States shall have access to any books, documents, and records of recipients of
UAS1 Grant Program FY 2007 assistance for audit and examination purposes,
provided that, in the opinion of the Secretary of Homeland Security or the
Comptroller General, these documents are related to the receipt or use of such
assistance. The grantee will also give the sponsoring agency or the Comptroller
General, through any authorized representative, access to and the right to examine
all records, books, papers or documents related to the grant.
C. Financial Status Reports are due within 45 days after the end of each calendar
quarter. A report must be submitted for every quarter that the award is active,
including partial calendar quarters, as well as for periods where no grant activity
occurs.
Page 7 of 1 I
D. Submit Categorical Assistance Progress Report to describe progress to date in
implementing the grant and its impact on homeland security in the state.
E. All financial commitments herein are made subject to the availability of funds and
the continued mutual agreements of the parties.
VI11_ CONDITIONS, AMENDMENTS, AND TERMINATION
A. The Participating Agency will not illegally discriminate against any employee or
applicant for employment on the grounds of race, color, religion, sex, age, or
national origin in fulfilling any and all obligations under this Agreement.
B. Any provision of this Agreement later found to be in conflict with Federal law or
regulation, or invalidated by a court of competent jurisdiction, shall be considered
inoperable and/or superseded by that law or regulation. Any provision found
inoperable is severable from this Agreement, and the remainder of the Agreement
shall remain in full force and effect.
C. This Agreement may be modified or amended only with the written agreement of
each of the parties.
D. This Agreement may be terminated by either party on thirty (30) days written
notice to the other party.
E. This Agreement shall be considered the full and complete agreement between the
undersigned parties, and shall supersede any prior Memorandum of Agreement
among the parties, written or oral, except for any executory obligations that have
not been fulfilled.
Page 8 of I 1
ATTEST:
Name:
Title:
PARTICIPATING AGENCY
BY:
NAME:
TITLE:
APPROVED AS TO FORM AND
ICORRECTNESS:
Participating Agency Attorney
Page 10 of 13
MAR -16-2004 09:27
CITY MANAGERS OFFICE
AGENDA ITX�VM fS� MMAKT run
FILE ID • C) lJ - �) 35 6
Date: 12/17/
Commission Meeting Date: 4/i Q/2007
Requesting Department: Fire-&scuc
Districi Impacted:
305 416 1019 P.03
Typc_ Z Resolution ❑ Ordinance [] Emergency Ordinance ❑ Discussion Item
❑ Other
Subject: Urban AreA Security Iniyative "UASI") Gram Progr FY 2007 &- Memoranda of
6greements ("MDA'§")
'urpose of Item:
It is respectfully recommended that the Honorable Mayor and the City Commission establish a special
revenue project and award entitled Urban Area Security Initiative ("UASI") Grant Progrann FY 2007,
appropriating funds in the amount of $13,620,600, received from the U.S. Department of Homeland
Security, passu through the State of Florida Division of Emergency Management; and authoriz.
the City Manager to exeCUte Memoranda of Agreements with Miami -Dade and Monroe Counties and
the City of Hialeah setting forth their respansibilities in connection with the support of the UASI
Project administered by the City of Miami Department of Fire -Rescue.
Information:
(See Attached)
Sudeet Impact Anaivsis
g
YES Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Recount No:
CIP Project No:
NO Is this iters funded by Homeland DefensefNeighborhood Improvemcot bond
Start Up Capital Cost: $0-._00
Maintenance Cost: $0.00
Total FiseaI Impact: $0.00 /
Final ArpDt-yvals %f
f5IGUA11� ,rJ
CII' Budget+ -4M
if using pr mcei�in , u r '
Gr -nuts Risk Management
Dept. Director_
Chief City Manager
Page I of I
LA 4. 3irlt�*
TOTAL P.03
Background Information: (continued)
The United States Department of Homeland Security, through the State of Florida Division of
Emergency .Management; has sub -granted the Urban Area Security Initiative ("UASI") Grant Program
FY 2007 to the City of Miami and its contiguous counties, Miami -Dade and Monroe, and the City of
Hialeah in the amount of 511,620,600. This program targets homeland security funding to "high
threat" urban areas in order to prevent, respond to, and recover from threats or acts of terrorism and
other disasters of natural or man-made origin.
It is now appropriate to accept said grant award, establish a special revenue fund, and appropriate the
said grant award therein for this fiscal year. In addition, the City Commission authorizes the City
Manager to execute Memoranda of Agreements with contiguous counties, Miami -Dade and. Monroe,
and the City of Hialeah, setting forth the parties' responsibilities in connection with the development
and support of the UASI Grant Program FY 2007 administered by the City of Miami's Department of
Fire -Rescue; contingent upon funding of said project being secured in the form of Grants from the
United States Department of Homeland Security, passed through the State of Florida Division of
Emergency Management.
Page 2
FUND TITLE: Urban Area Security Initiative (UASI)
Grant Program FY 2007
RESOURCES: Department of Homeland Security (DHS) $11,620,600
Pass through the State of Florida
Division of Emergency Management
APPROPRIATIONS: $11,620,600
Bums, Pamela E
From: Kemp, Maurice L
Sent: Friday, April 11, 2008 12:39 PM
To: Bw, Julie; Thompson, Priscilla; Bums, Pamela E
Cc: Duren, Reginald
Subject: 410-08 Commission Meeting Item REA
Julie,
You were correct Item REA should have had the substitutions not RE.5.
(apologize for the confusion.
Thanks to everyone for your assistance.
SUBMITTED INTO'I"^
PUBLIC RECORD FOR
ITEM fi6 VON
0g-OU3fG- svby"]'Ii ai- 1- MaoriCe L, Ktvr
MEMORANDUM OF AGREEMENT
FOR PARTICIPATING MIAMI UASI GRANT FY 2008 AGENCIES
This Agreement is entered into this day of , 2008, by
and between the City of Miami, a municipal corporation of the State of Florida, (the
"Sponsoring Agency") and Monroe County, (the "Participating Agency").
RECITALS
WHEREAS, the U.S. Department of Homeland Security Office of Grants and
Training (OG&T), is providing financial assistance to the Miami urban area in the
amount $11,620,600 dollars through the Urban Area Security Initiative (UASI) Grant
Program 2007; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI
Grant Program FY 2007; and
WHEREAS, as the OG&T requires that the urban areas selected for funding take
a regional metropolitan area approach to the development and implementation of the
UASI Grant Program FY 2007 and involve core cities, core counties, contiguous
jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the FY 2007 Urban Area has been defined as the City of Miami,
Miami -Dade and Monroe Counties, and the City of Hialeah, and anticipates sub-
granting a portion of the UASI funds in accordance with the grant requirements; and
WHEREAS, the City Commission, by Resolution No.
adopted on , has authorized the City Manager to enter into this
Agreement with each participating agency on behalf of the City of Miami; and
SUBMITTED INTO THE
PUBLIC RECORD FOR
Page I of I I ITEW CY ON _/e—Dr.
WHEREAS, the Sponsoring Agency wishes to work with the participating
agencies through the Urban Area Working Group process to enhance Miami and its
surrounding jurisdictions ability to respond to a terrorist threat or act.
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree
as follow:
I. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the
Participating Agencies for activities under the UASI Grant Program FY 2007 which
was made available by Office of Grants and Training (OG&T) and the State of
Florida Division of Emergency Management (DEM).
B. This Agreement serves as the Scope of Work between the Participating Agency and
the Sponsoring Agency.
RI. SCOPE
A. The provisions of this Agreement apply to UASI Grant Program FY 2007 activities to
be performed at the request of the federal government, provided at the option of the
Sponsoring Agency, and in conjunction with, preparation for, or in anticipation of, a
major disaster or emergency related to terrorism and or weapons of mass
destruction.
B. No provision in this Agreement limits the activities of the Urban Area Working Group
or its Sponsoring Agency in performing local and state functions.
III DEFINITIONS
A. Critical Infrastructure. Any system or asset that if attacked would result in
catastrophic loss of life and/or catastrophic economic loss management of
resources (including systems for classifying types of resources); qualifications and
Page 2 of I 1
certification; and the collection, tracking, and reporting of incident information and
incident resources.
B. Core County. The county within which the core city is geographically located. The
core city is the City of Miami.
C. UASI Grant Program FY 2007. The UASI Grant Program Fiscal Year 2007 reflects
the intent of Congress and the Administration to enhance and quantify the
preparedness of the nation to combat terrorism.
D. National incident Management System (NIMS). This system will provide a
consistent nationwide approach for federal, state, and local governments to work
effectively and efficiently together to prepare for, respond to, and recover from
domestic incidents, regardless of cause, size, or complexity. To provide for
interoperability and compatibility among Federal, State, and focal capabilities, the
NIMS will include a core set of concepts, principles, terminology, and technologies
covering the incident command system; multi -agency coordination systems;
unified command; training; identification and
E. Urban Area Working Group (UAWG). The State Administrating Agency Point of
Contact (SAA POC) must work through the Mayor/CEOs from all other jurisdictions
within the defined urban area to identify POCs from these jurisdictions to serve on
the Urban Area Working Group. The Urban Area Working Group will be
responsible for coordinating development and implementation of all program
elements, including the urban area assessment, strategy development, and any
direct services that are delivered by OG&T.
F. UASI Grant Program FY 2007. This grant is being provided to address the unique
equipment, training, planning, and exercise needs of large high threat urban areas,
and program activities must involve coordination by the identified core city, core
county/counties, and the respective State Administrative Agency. Funding for the
UASI Grant Program FY 2007 was appropriated by U.S. Congress and is
Page 3 of 1 I
authorized by Public Law 108-11, the Emergency Wartime Supplemental
Appropriations Act, 2003. The funding will provide assistance to build an enhanced
and sustainable capacity to prevent, respond to, and recover from threats or acts
of terrorism for the selected urban areas.
G. Urban Area. An urban area is limited to inclusion of jurisdictions contiguous to the
core city and county/counties, or with which the core city or county/counties have
established formal mutual aid agreements.
IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the City of Miami Fire -
Rescue Department, authorized to carry out the herein agreed upon
responsibilities of the Sponsoring Agency.
B. Coordinating with named counties and cities, with the respective State
Administrative Agency, and with the OG&T.
C. Conducting a comprehensive Urban Area Assessment, which will in turn guide the
development of an Urban Area Homeland Security Strategy.
D. Ensuring the participation of the following critical players in the assessment and
strategy development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, public works,
governmental administrative, public safety communications, healthcare and public
health.
E. Developing a comprehensive Urban Area Homeland Security Strategy and submit
to the SAA POC.
F. Complying with the requirements or statutory objectives of federal law.
Page 4 of 1 I
G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
H. Following grant agreement requirements and/or special conditions.
1. Submitting required reports.
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the main liaison and partner
with the City of Miami Fire -Rescue Department, authorized to carry out the herein
agreed upon responsibilities of the Sponsoring Agency,
B. Developing sub -grants for municipalities within each county in accordance with UASI
Grant Program FY 2007 requirements. Participating Agencies and sub -grantees
must abide by the grant requirements including budget authorizations, required
accounting and reporting on fund usage, use of funds only for the intended purpose,
and tracking of federally funded assets.
C. Submitting monthly budget detail worksheets to the City of Miami on the progress of
direct purchases of equipment or services.
D. Complying with all UASI Grant Program FY 2007 requirements.
E. Participating as a member of the Urban Area Working Group to include coordinating
with and assisting the City of Miami in conducting a comprehensive Urban Area
Assessment, which in turn will guide development of an Urban Area Homeland
Security Strategy.
F. Ensuring the participation of the following critical players in the assessment and
strategy development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, public works,
Page 5 of 1 1
governmental administrative, public safety communications, healthcare and public
health.
G. Assisting the sponsoring agency in development of a comprehensive Urban Area
Homeland Security Strategy.
H. Complying with the requirements or statutory objectives of federal law.
I. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
J. Following UASi Grant Program FY 2007 agreement requirements and/or special
conditions.
K. Submitting required reports as prescribed by the Sponsoring Agency.
L. Maintaining an equipment inventory of UASI purchased items.
Vi. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the Urban Area Security Initiative will be
administered solely by the Sponsoring Agency.
B. The Participating Agencies will provide financial and performance reports to the
sponsoring agency in a timely fashion. The Sponsoring Agency will prepare
consolidated reports for submission to the State of Florida.
C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers
compensation or time related issues of the Participating Agency personnel.
D. Sponsoring Agency and Participating Agency are subdivisions as defined in Section
768.28, Florida Statutes, and each party agrees to be fully responsible for the
Page 6 of 1 l
respective acts and omissions of its agents or employees to the extent permitted by
law. Nothing herein is intended to serve as a waiver of sovereign immunity by any
party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be
sued by third parties in any manner arising out of this Agreement or any other
contract.
E. This is a reimbursement grant that requires the Participating Agencies to purchase,
receive, and pay invoices in full for equipment, services, and allowable personnel
costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency.
VII. FINANCIAL AGREEMENTS
A. Financial and Compliance Audit Report: Recipients that expend $300,000 or more
of Federal funds during their fiscal year are required to submit an organization -wide
financial and compliance audit report. The audit must be performed in accordance
with the U.S. General Accounting Office Government Auditing Standards and OMB
Circular A-133.
B, The Secretary of Homeland Security and the Comptroller General of the United
States shall have access to any books, documents, and records of recipients of
UAS1 Grant Program FY 2007 assistance for audit and examination purposes,
provided that, in the opinion of the Secretary of Homeland Security or the
Comptroller General, these documents are related to the receipt or use of such
assistance. The grantee will also give the sponsoring agency or the Comptroller
General, through any authorized representative, access to and the right to examine
all records, books, papers or documents related to the grant.
C. Financial Status Reports are due within 45 days after the end of each calendar
quarter. A report must be submitted for every quarter that the award is active,
including partial calendar quarters, as well as for periods where no grant activity
occurs.
Page 7 of 11
D. Submit Categorical Assistance Progress Report to describe progress to date in
implementing the grant and its impact on homeland security in the state.
E. All financial commitments herein are made subject to the availability of funds and
the continued mutual agreements of the parties.
Vill. CONDITIONS, AMENDMENTS, AND TERMINATION
A. The Participating Agency will not illegally discriminate against any employee or
applicant for employment on the grounds of race, color, religion, sex, age, or
national origin in fulfilling any and all obligations under this Agreement.
B. Any provision of this Agreement later found to be in conflict with Federal law or
regulation, or invalidated by a court of competent jurisdiction, shall be considered
inoperable and/or superseded by that law or regulation. Any provision found
inoperable is severable from this Agreement, and the remainder of the Agreement
shall remain in full force and effect.
C. This Agreement may be modified or amended only with the written agreement of
each of the parties.
D. This Agreement may be terminated by either party on thirty (30) days written
notice to the other party.
E. This Agreement shall be considered the full and complete agreement between the
undersigned parties, and shall supersede any prior Memorandum of Agreement
among the parties, written or oral, except for any executory obligations that have
not been fulfilled.
Page 8 of 11
F. This Agreement may be executed in several parts, each of which shall be
considered a valid Agreement, provided that each of the parties to the Agreement
has executed at least one (1) original copy of the Agreement and has transmitted
copy of the signature page hereof to the other parties.
G. This Agreement will end on April 30, 2010, unless otherwise extended, at which
time the parties may agree to renew the association. Renewal will be based on
evaluation of the Sponsoring Agency's ability to conform to procedures, training
and equipment standards as prescribed by the OG&T.
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
ATTEST: Corporation of the State of Florida
BY:
Priscilla A. Thompson Pedro G. Hernandez
City Clerk City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Jorge L. Fernandez
City Attorney
LeeAnn Brehm, Administrator
Risk Management Division
Page 9 of 11
ATTEST:
Name:
Title:
PARTICIPATING AGENCY
NAME:
TITLE:
APPROVED AS TO FORM AND
CORRECTNESS:
Participating Agency Attorney
Page 10 of I I
o�!V
MEMORANDUM OF AGREEMENT
FOR PARTICIPATING MIAMI UASI GRANT FY 2008 AGENCIES
This Agreement is entered into this day of
, 2008, by
and between the City of Miami, a municipal corporation of the State of Florida, (the
"Sponsoring Agency") and the City of Hialeah, (the "Participating Agency")
RECITALS
WHEREAS, the U.S. Department of Homeland Security Office of Grants and
Training (OG&T), is providing financial assistance to the Miami urban area in the
amount $11,620,600 dollars through the Urban Area Security Initiative (UASI) Grant
Program 2007; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI
Grant Program FY 2007; and
WHEREAS, as the OG&T requires that the urban areas selected for funding take
a regional metropolitan area approach to the development and implementation of the
UASI Grant Program FY 2007 and involve core cities, core counties, contiguous
jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the FY 2007 Urban Area has been defined as the City of Miami,
Miami -Dade and Monroe Counties, and the City of Hialeah, and anticipates sub-
granting a portion of the UASI funds in accordance with the grant requirements; and
WHEREAS, the City Commission, by Resolution No.
adopted on , has authorized the City Manager to enter into this
Agreement with each participating agency on behalf of the City of Miami; and
N073Y pj
\'0JJ 'OflOnd
Page I of I I ] H i Oi N I o� H mens
WHEREAS, the Sponsoring Agency wishes to work with the participating
agencies through the Urban Area Working Group process to enhance Miami and its
surrounding jurisdictions ability to respond to a terrorist threat or act.
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree
as follow:
I. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the
Participating Agencies for activities under the UASI Grant Program FY 2007 which
was made available by Office of Grants and Training (OG&T) and the State of
Florida Division of Emergency Management (DEM).
B. This Agreement serves as the Scope of Work between the Participating Agency and
the Sponsoring Agency.
II. SCOPE
A. The provisions of this Agreement apply to UASI Grant Program FY 2007 activities to
be performed at the request of the federal government, provided at the option of the
Sponsoring Agency, and in conjunction with, preparation for, or in anticipation of, a
major disaster or emergency related to terrorism and or weapons of mass
destruction.
B. No provision in this Agreement limits the activities of the Urban Area Working Group
or its Sponsoring Agency in performing local and state functions.
III DEFINITIONS
A. Critical Infrastructure. Any system or asset that if attacked would result in
catastrophic loss of life and/or catastrophic economic loss management of
resources (including systems for classifying types of resources); qualifications and
Page 2 of 1 I
certification; and the collection, tracking, and reporting of incident information and
incident resources.
B. Core County. The county within which the core city is geographically located. The
core city is the City of Miami.
C. UASI Grant Program FY 2007. The UASI Grant Program Fiscal Year 2007 reflects
the intent of Congress and the Administration to enhance and quantify the
preparedness of the nation to combat terrorism.
D. National Incident Management System (NIMS). This system will provide a
consistent nationwide approach for federal, state, and local governments to work
effectively and efficiently together to prepare for, respond to, and recover from
domestic incidents, regardless of cause, size, or complexity. To provide for
interoperability and compatibility among Federal, State, and local capabilities, the
NIMS will include a core set of concepts, principles, terminology, and technologies
covering the incident command system; multi -agency coordination systems;
unified command; training; identification and
E. Urban Area Working Group (UAWG). The State Administrating Agency Point of
Contact (SAA POC) must work through the Mayor/CEOs from all other jurisdictions
within the defined urban area to identify POCs from these jurisdictions to serve or
the Urban Area Working Group. The Urban Area Working Group will be
responsible for coordinating development and implementation of all program
elements, including the urban area assessment, strategy development, and any
direct services that are delivered by OG&T.
F. UASI Grant Program FY 2007. This grant is being provided to address the unique
equipment, training, planning, and exercise needs of large high threat urban areas,
and program activities must involve coordination by the identified core city, core
county/counties, and the respective State Administrative Agency. Funding for the
UASI Grant Program FY 2007 was appropriated by U.S. Congress and is
Page 3 of 11
authorized by Public Law 108-11, the Emergency Wartime Supplemental
Appropriations Act, 2003. The funding will provide assistance to build an enhanced
and sustainable capacity to prevent, respond to, and recover from threats or acts
of terrorism for the selected urban areas.
G. Urban Area. An urban area is limited to inclusion of jurisdictions contiguous to the
core city and county/counties, or with which the core city or county/counties have
established formal mutual aid agreements.
IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the City of Miami Fire -
Rescue Department, authorized to carry out the herein agreed upon
responsibilities of the Sponsoring Agency.
B. Coordinating with named counties and cities, with the respective State
Administrative Agency, and with the OG&T.
C. Conducting a comprehensive Urban Area Assessment, which will in turn guide the
development of an Urban Area Homeland Security Strategy.
D. Ensuring the participation of the following critical players in the assessment and
strategy development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, public works,
governmental administrative, public safety communications, healthcare and public
health.
E. Developing a comprehensive Urban Area Homeland Security Strategy and submit
to the SAA POC.
F. Complying with the requirements or statutory objectives of federal law.
Page 4 of 11
G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
H. Following grant agreement requirements and/or special conditions.
I. Submitting required reports.
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the main liaison and partner
with the City of Miami Fire -Rescue Department, authorized to carry out the herein
agreed upon responsibilities of the Sponsoring Agency.
B. Developing sub -grants for municipalities within each county in accordance with UASI
Grant Program FY 2007 requirements. Participating Agencies and sub -grantees
must abide by the grant requirements including budget authorizations, required
accounting and reporting on fund usage, use of funds only for the intended purpose,
and tracking of federally funded assets.
C. Submitting monthly budget detail worksheets to the City of Miami on the progress of
direct purchases of equipment or services.
D. Complying with all UASI Grant Program FY 2007 requirements.
E. Participating as a member of the Urban Area Working Group to include coordinating
with and assisting the City of Miami in conducting a comprehensive Urban Area
Assessment, which in turn will guide development of an Urban Area Homeland
Security Strategy.
F. Ensuring the participation of the following critical players in the assessment and
strategy development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, public works,
Page 5 or I I
governmental administrative, public safety communications, healthcare and public
health.
G. Assisting the sponsoring agency in development of a comprehensive Urban Area
Homeland Security Strategy,
H. Complying with the requirements or statutory objectives of federal law.
4. Ensuring satisfactory progress toward the goals or objectives set forth in the grant
application.
J. Following UASI Grant Program FY 2007 agreement requirements and/or special
conditions.
K. Submitting required reports as prescribed by the Sponsoring Agency.
L. Maintaining an equipment inventory of UASI purchased items.
V1. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the Urban Area Security Initiative will be
administered solely by the Sponsoring Agency.
B. The Participating Agencies will provide financial and performance reports to the
sponsoring agency in a timely fashion. The Sponsoring Agency will prepare
consolidated reports for submission to the State of Florida.
C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers
compensation or time related issues of the Participating Agency personnel.
D. Sponsoring Agency and Participating Agency are subdivisions as defined in Section
768.28, Florida Statutes, and each party agrees to be fully responsible for the
Page 6 of 11
respective acts and omissions of its agents or employees to the extent permitted by
law. Nothing herein is intended to serve as a waiver of sovereign immunity by any
party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be
sued by third parties in any manner arising out of this Agreement or any other
contract.
E. This is a reimbursement grant that requires the Participating Agencies to purchase,
receive, and pay invoices in full for equipment, services, and allowable personnel
costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency.
VII. FINANCIAL AGREEMENTS
A. Financial and Compliance Audit Report: Recipients that expend $300,000 or more
of Federal funds during their fiscal year are required to submit an organization -wide
financial and compliance audit report. The audit must be performed in accordance
with the U.S. General Accounting Office Government Auditing Standards and OMB
Circular A-133.
B. The Secretary of Homeland Security and the Comptroller General of the United
States shall have access to any books, documents, and records of recipients of
UAS) Grant Program FY 2007 assistance for audit and examination purposes,
provided that, in the opinion of the Secretary of Homeland Security or the
Comptroller General, these documents are related to the receipt or use of such
assistance. The grantee will also give the sponsoring agency or the Comptroller
General, through any authorized representative, access to and the right to examine
all records, books, papers or documents related to the grant.
C. Financial Status Reports are due within 45 days after the end of each calendar
quarter. A report must be submitted for every quarter that the award is active,
including partial calendar quarters, as well as for periods where no grant activity
occurs.
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D. Submit Categorical Assistance Progress Report to describe progress to date in
implementing the grant and its impact on homeland security in the state.
E. All financial commitments herein are made subject to the availability of funds and
the continued mutual agreements of the parties.
VIII. CONDITIONS, AMENDMENTS, AND TERMINATION
A. The Participating Agency will not illegally discriminate against any employee or
applicant for employment on the grounds of race, color, religion, sex, age, or
national origin in fulfilling any and all obligations under this Agreement.
B. Any provision of this Agreement later found to be in conflict with Federal law or
regulation, or invalidated by a court of competent jurisdiction, shall be considered
inoperable and/or superseded by that law or regulation. Any provision found
inoperable is severable from this Agreement, and the remainder of the Agreement
shall remain in full force and effect.
C. This Agreement may be modified or amended only with the written agreement of
each of the parties.
D. This Agreement may be terminated by either party on thirty (30) days written
notice to the other party.
E. This Agreement shall be considered the full and complete agreement between the
undersigned parties, and shall supersede any prior Memorandum of Agreement
among the parties, written or oral, except for any executory obligations that have
not been fulfilled.
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F. This Agreement may be executed in several parts, each of which shall be
considered a valid Agreement, provided that each of the parties to the Agreement
has executed at least one (1) original copy of the Agreement and has transmitted
copy of the signature page hereof to the other parties.
G, This Agreement will end on April 30, 2010, unless otherwise extended, at which
time the parties may agree to renew the association. Renewal will be based on
evaluation of the Sponsoring Agency's ability to conform to procedures, training
and equipment standards as prescribed by the OG&T.
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
ATTEST: Corporation of the State of Florida
BY:
Priscilla A. Thompson Pedro G. Hernandez
City -Clerk City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Jorge L. Fernandez
City Attorney
APPROVED AS TO INSURANCE
REQUIREMENTS:
LeeAnn Brehm, Administrator
Risk Management Division
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ATTEST:
Name:
Title:
PARTICIPATING AGENCY
NAME:
TITLE:
APPROVED AS TO FORM AND
CORRECTNESS:
Participating Agency Attorney
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