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HomeMy WebLinkAboutPre-Resolution - City of MiramarTernp. Reso. No. 4674 12/14/09. 1 /20/10 CITY OF MIRAMAR MIRAMAR, FLORIDA RESOLUTION NO. 10-74 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIRAMAR; FLORIDA, ACCEPTING :A GRANT- FROM THE "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FY 2009", THROUGH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR THE BENEFIT OF THE FORT LAUDERDALE UASI, COMPRISED OF THE CITY OF MIRAMAR AND VARIOUS OTHER COUNTY AND MUNICIPAL ENTITIES, IN THE AMOUNT OF $5,881,547.00; AUTHORIZING THE EXECUTION OF A GRANT ACCEPTANCE AWARD LETTER WITH THE STATE OF FLORIDA; AUTHORIZING THE EXECUTION OF THE FEDERALLY -FUNDED SUB - GRANT AGREEMENT WITH THE STATE OF FLORIDA; AUTHORIZING THE EXECUTION OF MEMORANDUMS OF AGREEMENT BETWEEN THE CITY OF MIRAMAR, AS "SPONSORING AGENCY", AND THE VARIOUS OTHER GOVERNMENTAL ENTITIES COMPRISING THE FORT LAUDERDALIE UASI, AS "PARTICIPATING AGENCIES", AND OTHER MEMORANDUMS OF AGREEMENT AS APPROPRIATE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, although 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 Department of Homeland Security, Office of Grants & Training ("OG&T'), is authorized by the Emergency Wartime Supplemental Appropriations Act of 2003 to provide' funds to states for subsequent distribution to selected urban areas to address the unique equipment, training, planning, exercise and Reso. No. 10-74 Temp. Reso. No. 4674 12/14/09 1/20/10 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 of terrorism; and WHEREAS, the OG&T, through the State of Florida Division of Emergency Management("DEM"), has subgranted UASI Grant Program FY 2009 grant funds to the City of Miramar ("City") in the net amount of $5,881,547.00 for Fiscal Year 2009 for the benefit of the entities which comprise the Fort Lauderdale UASI, which include Broward and Palm Beach Counties; the Cities of Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Coral 'Springs, Sunrise and Miami Gardens; and the Broward County and Palm Beach County Sheriff's Offices; and WHEREAS, pursuant to the state grant agreement, entitled 'Federally -Funded Subgrant Agreement", attached hereto as Exhibit "A", the City of Miramar Police Department will facilitate the expenditure and reimbursement of the grant funds to address the unique equipment, training, planning, exercise and operational needs of the entities comprising the Fort Lauderdale UASI in order to build an enhanced and sustainable capacity to prevent, respond to and recover from threats or acts of terrorism; and WHEREAS, the state grant acceptance award letter, attached hereto as Exhibit "B", must be signed in conjunction with execution of the grant agreement in accordance with the provisions of the State Homeland Security Grant Program; and Reso. No. 10-74 2 Temp. Reso. No. 4674 12/14/09 1 /20/10 WHEREAS, in accordance with the UASI Grant Program FY 2009, execution of the form of Memorandum of Agreement ("MOA") between the City of Miramar, as Sponsoring Agency, and the entities comprising the Fort Lauderdale UASI, as Participating Agencies, attached as "Exhibit "C", will provide the necessary guidelines to coordinate the expenditure and reimbursement of funds as required under the UASI Grant Program FY 2009 and will enhance the ability of the City of Miramar and its surrounding jurisdictions to respond to terrorist threats or acts and permit the City to facilitate reimbursement of the Fort Lauderdale UASI members for expenditures that are compliant with this Program; and WHEREAS, providing authority to the City Manager to execute any appropriate future amendments to the MOAs, future MOAs relating to surplus funds or to future budget transfers that are agreed to by the Fort Lauderdale UASI Working Group, and MOAs with non -Fort Lauderdale UASI entities, as deemed appropriate and in accordance with the State Grant Contract, the FY 2009 UASI grant budget and with federal and state grant guidelines, oversight and guidance, will facilitate the expenditure and reimbursement of the grant funds as contemplated by the FY 2009 UASI Grant Program; and, WHEREAS, the City Commission deems it to be in the best interest of the residents and citizens of the City of Miramar to accept the grant from the UASI Grant Program FY 2009, through the State of Florida, Division of Emergency Management, for Reso. No. i n_74 3 Temp. Reso. No. 4674 12/14/09 1 /20/10 the benefit of the Fort Lauderdale UASI, in the net amount of $5,881,547.00; to authorize the execution of the grant agreement entitled "Federally -Funded Subgrant Agreement" with the State of Florida attached as Exhibit "A"; to authorize the execution of the grant acceptance award letter with the State of Florida, attached hereto as Exhibit "B"; to authorize the execution of MOAs between the City of Miramar, as "Sponsoring Agency", and the various other governmental entities comprising the Fort Lauderdale UASI, as "Participating Agencies", in substantial conformity with the form attached hereto as Exhibit "C", and to authorize the execution of other MOAs, as deemed appropriate and in accordance with the State Grant Contract, the FY 2009 UASI grant budget and all relevant federal and state guidelines, oversight and guidance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIRAMAR, FLORIDA AS FOLLOWS: Section 1: That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2: That the City Commission of the City of Miramar accepts the grant funding referenced above from the Urban Area Security Initiative ("UASI") Grant Program FY 2009 on behalf of the City of Miramar and for the benefit of the Fort Lauderdale UASI_ Reso. No. 10-74 4 Temp. Reso. No. 4674 12/14/09 1/20/10 Section 3: That the City Commission authorizes the City Manager to execute the Federally -Funded Subgrant Agreement attached hereto as Exhibit "A"; the grant acceptance award letter with the State of Florida, attached hereto as Exhibit "B"; and MOAs between the City of Miramar, as "Sponsoring Agency", and the various other govemmental entities comprising the Fort Lauderdale UASI, as "Participating Agencies", ;in substantial conformity with the form attached hereto as Exhibit "C"; all subject to non - substantial changes deemed necessary by the City Manager and approved as to form and legal sufficiency by the City Attorney, Section 4: That the City Manager is authorized to execute any additional MOAs related to the FY 2009 UASI Grant Program deemed appropriate and in accordance with the State Grant Contract, the FY 2009 UASI grant budget and all federal and state grant guidelines, oversight and guidance, subject to City Attorney approval as to form and legal sufficiency. Section 5: That the appropriate City officials are authorized to do all things necessary and expedient to carry out the aims of this Resolution. Reso. No. 10-74 5 Temp. Reso. No. 4674 12/14/09 1/20/10 Section 6: That this Resolution shall become effective upon adoption. PASSED AND ADOPTED this 27 day of January , 2010. ATTEST: e M. McLeary, Ci J Ierk I REBY CERTIFY that I have approved this RESOLUTION as to fo •• City A i'• rney Weis Serota Helfman Pastoriza Col- & Boniske, P.L. ayor, Lon C. Moseley Vice IT/hTroy R. Samuels 1.. Requested by Administration Voted Commissioner Winston F. Barnes Yes Commissioner Yvonne Garth Yes Vice Mayor Troy R. Samuels Yes Commissioner Barbara Sharief Yes Mayor Lori C. Moseley Yes Reso. No. 10-74 6 EXHIBIT "A" Contract Number: 10DS-41-11-16-02- CFDA Number. 97.067 FEDERALLY -FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Miramar, (hereinafter referred to as the "Recipient"). .THIS. AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin October 1.2009 and shall end April 30, 2012, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when In writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal OMB Circular No. A-102, Common Rule: Uniform Administrative Requirements for State and Local Governments" or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement 1 is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for Inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this _Agreement. 2 (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in tts fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Division. The determination of amounts of Federal awards expended should be In accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends Tess than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB CircularA-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to: The Division at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.us] and Division of Emergency Management Finance and Administration 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at http://harvester.census.ciov/fac/collect/ddeindex.html 3 And to any other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f). OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described In Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Division at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca_state.fl_us] and Division of Emergency Management Finance and Administration 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entlties) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state thatthe audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under thls Agreement, in addition to any other information requested by the Division. 4 (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first orcizrs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of Its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to. on -site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla: Stat. and the Recipient is solely responsible to parties it deals within carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. 5 (b) Any Recipient which is a state agency or subdivision, as defined In Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions 10 the extent set forth in Section 76828, Fla. Stat. Nothing herein Is Intended to serve as a waiver of sovereign immunity by any Redpient to which •sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ('Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them In timely fashion, or Is unable or unwilling to meet Its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. • (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: , (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first Bass mail, postage prepaid, by registered or certified mall-retum receipt requested, to the address in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; 6 (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the taws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non..compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken If the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities In question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. tf the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stet, as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. 7 (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first dass, certified mail, retum receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement Is: Carolyn Washington, Community Assistance Consultant Florida Division of Emergency Management Bureau of Finance Grants Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1271 Fax: (850) 488-7842 Email: carolyn.washington@em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is Telephone: Fax: Email: (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13Xa) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the. unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (if) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document In the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703 Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B — Program Statutes, Regulations and Special Conditions Attachment C — Justification of Advance Attachment D— Warranties and Representations Attachment E — Certification Regarding Debarment Attachment F — Statement of Assurances (17) FUNDING/CONSIDERATION (a) This is a cost -reimbursement Agreement The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $5,881,547, subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16), FIa.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12Xb) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. An advance payment of $ is requested (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any 9 further payment of funds shall terminate. and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of 'Department of Community Affairs' and mailed directly to the following address: Department of Community Affairs Cashier Fiscal Management 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is retumed to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the Information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response 10 a Division request, or in any submission or response to fulfill the requirements of this Agreement All of said information, representations, and materials is incorporated by reference. Additional special conditions are listed on Attachment B. The inaccuracy oldie submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local govemment services, and telecommunications. 10 (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the constiuction 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 $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency, 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a govemmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment E) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Flonda Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 11 (J) Any bills for travel expenses shall be submitted In accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat. which the Recipient created or received under this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be retumed to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (°INA°)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient Is subject to Florida's Govemment 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 goveming board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o) All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public Interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 12 2. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete • and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying.' 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgra.nts, and contracts under grants, bans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Redpient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida_ (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. 13 (22) LEGAL AUTHORIZATION. The Redplent certifies that it has the legal authority to receive the funds under this Agreement and that it's goveming body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. IN WITNESS WHEREOF, the parties hereto have executed this Agreement RECIPIENT: CITY OF MIRAMAR By: Name and title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By:. Name and Title: David Halstead, Interim Director Date: 14 2009 URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM AWARD CONTRACT CITY OF MIRAMAR, FLORIDA By: Robert A. Payton, City Manager ATTEST: Yvette M. McLeary, City Clerk Approved as to form and legal sufficiency for the use of and reliance by the City of Miramar only: By Weiss Serota Heitman Pastoriza Cote & Boniske, P.L. City Attorney EXHIBIT —1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS . AGREEMENT: NOTE: ff the resources awarded to the Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Federal agency: Urban Area Security Initiative (UASI) Catalog of Federal Domestic Assistance title and number: 97.067 Award amount: $5,881,547 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform the following eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, National Preparedness Directorate Fiscal Year 2009-10 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: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5Xa), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient. l5 Attachment A Budget and Scope of Work Proposed Program Budget i Below is a general budget which outlines eligible categories and their allocation under this award. The Recipimt is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. The equipment category will require a "Detailed Budget Worksheet" including the proposed equipment to be purchased and the corresponding Authorized Equipment List (AEL) refereoce number. The AEL can be found at www.ikb.us. The transfer of funds between the categories listed in the "Proposed Program Budget" is permitted. However, 25% of the award allocation has to be used for eligible LETP- Type activities. Tl However, at the discretion of the Recipient, funds allocated to Management and Adnunistration costs (as described in the "Proposed Program Budget") may be pit towards Programmatic costs instead. However, no more than 3% of each Recipients' total award may be expended on Management and Administration costs. FY 2009 - State Homeland Security Grant Program — Urban Area Security Initiative- Issue 51 16 LE P-Type Activities (25% of award allocation) This amount is not in addition to the remaining award amount but instead signifies the amount needed to meet the 25% requheniem. Management and Administration (The dollar amount which corresponds to 3% of the total local agency allocation is shown in the column on the right). Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award for issue as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract manager listed in this contract via email or lener. udget,Detail Worksheet Fligible y1Ao b1e Pli any u osts Activities Q t �'�� jtl at 1 x ?earl Cost Developing scenario plans that incorporate the range of prevention, protection, response, and recovery activities for a scenario Developing and implementing homeland security support programs and adopting DHS national initiatives Developing related terrorism prevention activities Developing and enhancing plats and protocols Developing or conducting assessments Hiring of full or part-time staff contactors/coosultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Confcreaces to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and badd0 costs — Payment of overtime expenses will be for work performed by award (SAA) or sub -award employees in excess of the established work wed (usually 40 hours) related to tltc planning activities for the development and implementation of the programs under HSGP. Other projects areas with prior approval from FIN A Allowable LETP Planning Costs Quantity Unit ,Cossf •,•, ..• . Total Cost Establishment / Enhancement of Fusion Centers • Hiring an IT specialist to plan, develop, and implement the IT applications necessary for the fusion center • Developing and planning for information/intelligence sharing groups • Hiring contactors and consultants to make recommendations on the development of the fusion center . Conducting point vulnerability analyses and assessments Soft target security planning (public gatherings) Developing border security operations plans in coordination with CBP Developing, implementing, and reviewing Area Maritime Security Plans fur ports, waterways, and coastal areas Updating and refining thrcat matrices Integrating and coordinating private sector participation with fusion center activities Developing and implementing civil rights, civil Ibenies and privacy policies, procedures, and protocols. 17 Acquiring systems allowing connectivity to Stade, local, and Fedend data networks, web as the National Clime Information Caner (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate Designing and developing State arid local geospatial data systems Costs associated with the adoption, implementation and adherence to NIMS National Crodentialing Framework Integrating and coordinating private sector participation with fusion canter activities , Alltri7iableASCP 'aihdrolf(ii-iairziwiaccaiviiia ofraia to 25% qtthe,tow IJAsifi,v-Aho , ,,,f0,46,- -;.,,, .:,;61;,,.... • _•..04.ic,'0, .. - s'.: 4 ,-j1".4o4Ri4* 1,11414,1i . - ii:;',P.: Overtime for information, investigative, and intelligence sharing adiVilICS (up to 50 percent of the allocation) Reimbursanent of select operational expenses associated with increased security measures at critical infrastructure sites, incurred during time periods of DHS-declared alerts (up to 50 percent of the allocation). Hiring of new staff position/ contractorskonsuliants for participation in inforrnatn/intelligence analysis and sharing groups or fusion center activities (up to 50 percent of the allocation) t tr, ' JP -B4`'!:;:- 'me a ' 4 'Riff' 0 .., '4- • - •:.. sa9tair.4-11-an- Overtime and backlit] for emergency preparedness and response personnel attending FEMA-sponsored and approved training classes. Overtime and backfill expenses for partfitime and volunteer emergency response personnel participating in FEMA training. • Training Workshops and Conferences • Full or Part -Time Staffca- Connactors/Coasultants Travel Supplies Tuition for higher education Other itrans I' ..-.. 1%. i451rr,7f,pl..11-, g;: Vin. '.i.2.Pg...,, v,Tf4g0litr',,,_$mE:,,,,7,7i,i,..'t.„-: , . :i • . thet Cost :: '..i N ‘‘faibT Establishment / Enhancement of Fusion Centers Partieipration in DHS approved intelligence analyst training Participation in up to three non-FEMA approval intelligence analyst training A complete list of TEMA approved courses may bc found at www.oip.usdoi.aov/FEM A/does/Eligible Federal Courscs.ndf '.. ii.•.,..-,,r,:•2,FA.-tiplf..?",ore. , caiiaor. ift: =, ert`,...a, , _Rogia X i aliareiiil 44,,r .ri, Design, Develop, Conduct and Livaluate an Exercise Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other =Laing costs, facilitation costs, materials and supplies, travel and exercise plan development. 18 Full or Pan -Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise -related activities. Payment ofsalarics and fringe benefits must be in accordance with the policies of the state or local units) 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 backfi11 costs, including expenses for part-time and volunteer emergency response personnel participating in FEMA exercises Implementation of HSEEP 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 projexx(s). These costs must be in accordance with state law as highlighted in the O1P 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 help://www.oip.usdoi.eov/FinGuidc. 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, rain -sterile eatho and disposable protective equipment). Other- Items - These costs include the rental of space/locations for exercise planning and conduct, exercise signs, badges, yyetc. Y ' NtV.F('!4 �. --^3 *<�E.. ems"-'t• Fxercises to evaluate the effectiveness of information sharing plans; policies, procedures, and protocols Exercises to evaluate NIMS implementation. This includes costs associated witb exercising components of the NIMS National Credentialing Framework Exercises to evaluate facility and/or vessel security protection Exercises to evaluate area maritime security protection Exercises to evaluate threat recognition capabilities Exercises to evaluate cyber security capabilities Exercises to evaluate agricultural/food security capabilities Exercises to evaluate prevention readiness and techniques `Red "Team" (force on force) exercises interoperable communications exercises Critical infrastructure vulnerability, protection, and/or attack exercises 19 Eligible Equipment Acquisition Costa The table below highlights the allowable equipment categories for this award A comprchecsive listing of that allowable equipment categories, and spaci(c equipment eligible under each category, can be found on the web -based Authorized Equipment List at: htto://www.rkb.us Quantity Ilnit Cost Total Cost 4 Click on "Authorized Equipment List (AEL) ail If you wish to purchase apiece of equipment from any category below, then, in the space given below that category, put the "AEL item number" and "title" ,4 L :,:s irr.t `L j{Y�•SSLh `:'.7'/i.'t "r'i,*,3-Y"r r,,: .. .., a ,. .r ..... �'•�- M�" w..c¢: 7 it .. i jii ., .. 1 eu ��x �? 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ItnXxtcdon andScreenin stam ouY' t� T .,. ,..,r Agr41,1itice'*i '1� rS di 4; # 1 ' it t €ipa, -GPYoniyj;,. •4'.-<;,*.,i+b a r ,:f ° s �umryy1Yn, icyµ"(�ft.Ellyy ) ii."i1 .'1:. •i $�4fa' 41 •!!,. .5v ' f} •v., 20 1 6 '* 'G3 3�_E. �31+'MAIN tit'^ r. .TY:r:, shitg Upf7 � •, R. '"-. q. w ter•• eH# 'tr r7FFf#a#I ty� }}{�� r .... ,.. •x.�e r as-n�J791ta,' . . �'>-' .wy } r '}p 1^fi.'t fY7 ah Y 'f'-1 K ..i_r, ,nilb", ' ,JAY, ; i el i7'I trllf+1 'Pa'lliiiYti r Jai" �. '1,V,C8148�t ZR,M,I'3 . � r C iha tni J,t 1iPMeail cats' 0Lnrhtde t Si co .� yyt.�;t� tun A , PAisi{s'vt FFMA prior to the csc of any Din efr Cl pA�or { eti +T:l`a`+:a1�B,, 11m lnsa?eai' i1 Igo, tttxpP i i 9 t,�r�,�r,.r, x � cr$�l'(? ii Fff1H•`W [ , -�9i'"1:3L. ,,.J '- Tr)et w,.." RC W. YYa Up to 50 percent of total program funds may be used for personnel and personnel -[elated activities �� "j ,ob,,'_ --,-.rE am:,;":�. " ' OStS • t s ti,-^4}'f=,r - ixr i}';5n' lq .- y. , -+'-, -a Hiring of full-time or part-time staffer contractors/consultants: • To assist with the management of the FY 2009 SHSGP • To assist with application requirements and the implementation of the FY 2009 SHSGP • To assist with the cornpfiancy with reporting and data colter as -bon it may relate to the FY 2009 SHSGP • Meeting compliance with reporting/data collection requirements, including data calls. Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls. Overtime and backlit] costs - Overtime expenses arc dcfimd as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA - approved activities. Hackfill Costs also called "Overture as Hackfill" are defined as expenses from the result of personnel who are waking overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA - approved activities outside their core responsibilities. Neither overtime nor backfill expenses are die result of an increase of Full - Tiine Equivalent (FTFs) employees. These costs are allowed only to the extent the payment for such services is in accordance with tlx: policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from ao award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers Compensation and Unemployment Compensation. Travel expenses Meeting -related expenses (For a complete list of allowable meeting -related expenses, please review the OJP Financial Guide at httpi/www.ojp. usdoj _gov/FinGu ide). Acquisition of authorized ofliee equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support thc impletnyttation of the homeland security strategy. The following are allowable only within the contract period: • Recurring fees/dun-on associated with certain equipment, such as cell phones, faxes, etc. • Leasing and/or renting of space for newly hired personnel to administer programs within FY09. 21 B. Scope of Work Funding is provided to perform eligible activities as identified in the Fiscal Year 2009 Urban Area Security Initiative (UASI) Grant Program, consistent with the Department of Homeland Security State Strategy and the Urban Arca Strategy. Eligible activities are outlined in the Scope of Work for each category below: 1. Categories and Ercgibk Activities Urban Area Security Initiative FY2009 UASI allowable cocas are divided into the following categories- planning, organization, equipment, training, exercises, management and administration cost. Up to 25% of UASI funds must be dedicated towards law enforcement terrorism prevention - oriented planning, organization, training, exercise and equipment activities. Each categoryes allowable costs have been listed in the "Budget Detail Worksfxd"' above. A Plantilng Developing scenario plans that incorporate the range of prevention, protection, response, and recovery activities for a scenario Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: • Implementing the National Preparedness Guidelines • Fnhancing and implementing Statewide Communication InteroperaMGty Plans (SCJP) and Tactical Interoperable Communications Plans (TICP) • Aligning SCIPs and TICPs to the goals and objectives of the National Emergency Communications Plan (NECP) • Crests associanral with the adoption, implementation and adherence to NiMS compliant rcquvcmcnts, including implementing the NIMS National Credentialing Framework. • Modifying existing incident management and FUPs to ensure proper alignment with the NRF coordinating structures, processes, and protocols • Establishing or enhancing mutual aid agreements • Developing communications and interoperabtiiry 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 NIMS integration Cater (NIC) • Designing State and local geospatial data systems • Conducting public education and outreach campaigns, including promoting individual, family and business emergency po.irmechiess; alerts and warnings education; and evacuation plans as well as IED or bombing prevention awareness • Preparing materials for the State Preparedness Report (SPR) Developing related terrorism prevention activities Including: • Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center • Hiring an IT specialist to plan, develop, and implement the IT applications necessary for a fusion carter ▪ Developing, and planning for information/intelligence sharing groups • Hiring contractors and consultants to make recommendations oo the development of a fusion natter • Integrating and coordinating public health can: and health security data gathering (threats to human and animal health) within State and local fusion centers to achieve early warning and mitigation of health events • Integrating and coordinating private sector participation with fusion center activities • Acquiring systems allowing connectivity to State, local, and Federal data networks, such as the National Crime Information Center (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate • 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 other activities to strengthen citizen participation • Conducting public education campaigns, including promoting individual, family and business emergency preparedness; promoting the Ready campaign; and/or creating Stale, regional or local emergency preparedness efforts that build upon the Ready campaign • Evaluating CIP security equipment and/or personnel requirements to protect and secure sites • CEP cost assessments, including resources (c.g., financial, personnel) required for security enhancements/deployments • Multi -Jurisdiction Bombing Prevention Plans (MJBPP) • Underwater Terrorist Protection Plans 22 sannp,GaJes 3ggnd leuo ltpe11 aulf!flnJ I3uuostad IGaJ es 3!Ignd anti o1 8ug3unj asn ;owes saalue.u0 . sa!I!nyae 2u!uueld twat 1s1sse W sunelinsuoaivuosae.rleoa Julies aunt -Ned to jlnJ Jo 21q.ng we12oid s!s,Cleuy deo VW3d aqp u! 2u!ted!3!ued . 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(dJLL) suepd suone3!aatuwo3 algetadol3Wl mum, pus Gips) sueld Amuradoralap uoneomnwmoi ap!,na'e[s 9unuawaldwl . sueld srlone3!untuwo3A3oalatua apgsadoatm leop3sl 10 3f alaris 3p!.aal0ls 1o'[sao!Sa1 'pool Sa!3aepm 10 2000(3A3Q . saarpalold Sulwada pue sdO3 2u!3ueguo 10Outdopanan . :C4 paws! woo tsq $rnpnpal `tpoaoso d pas staid Supas:gaa pee 8uplopnaj Conferences to facilitate planing activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfrll • Payment of overtime expenses will be for work performed by award (SAA) or sub -award employees in excess of the established work week (usually 40 bouts) related to the planning activities for the development and implementation of the programs under HSGP. (JAW operational Cost Guidance) Other project areas with prior approval from FEMA B. Organizational Activities - Urban Areas are allowed up to 50 percent of their FY 2009 UASI funding for Organizational activities. Section 200$ of the Ilontdand Security Act, as amended by the 9/11 Act, includes the following allowable activities: • Responding to an increase in the threat level under the Homeland Security Advisory System, or reeds resulting from a National Special Security Event • Establishing, enhancing, and staffing State, local, and regional fusion centers • Paying salaries and benefits for personnel to save as qualified intelligence analysts Overtime Costs — Overtime costs are allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically rclaled.to homeland security and specifically requested by a federal agency. Allowable costs arc limited to overtime associated with federally requested participation in eligible fusion activities including and -terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by the Maritime Transportation Security Act of 2002), DNS Border Enforcement Security Task Forces, and Integrated Border Enforcement Teams. Under no circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal source. Intelligence Analysts - Per the Personnel Reimbursement for intelligence Cooperation and Fidnincement (PRICE) of Eomeiand Security Act (Public Law 110-412), SHSP and UASI funds may be used to hire new staff and/or contractor positions to serve as intelligence analysts to enable information/intelligence sharing capabilities, as well as support existing intelligence analysts previously covered by SHSP or UASI funding. in order to be hired as an intelligence analyst, staff and/or contractor performel must meet at least one of the following criteria: • Successfully complete training to ensure baseline proficiency in intelligence analysis and production Within six months of being hired; and/or, • Previously served as an intelligence analyst for a minimum of two years either in a Federal intelligence agency, the military, or State and/or local law enforcement intelligence unit All intelligence analyst training should be in accordance with Global's Minimum Criminal !nrelligence Training Standards for Law Enforcement and Other, Criminal Justice Agencies in the United States, which outlines the minimum categories of training needed for intelligence analysts. These include subject -matter expertise, analytic metho fokgies, customer- service ethics, information handling and processing skills, critical thinking skills, computer literacy, and objectivity and intellectual honesty. A certificate of completion of such training must be on file with the SAA and must be made available to FEMA Program Analysts upon request. Operational Overtime Costs - In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism, operational overtime costs arc allowable for increased security measures at critical infrastructure sites during OHS -declared periods of Orange or Red threat levels. Subject to these elevated threat level conditions, FY 2009 SHSP or IJASi funds for organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastructure sites in the following authorized categories: • Back811 and overtime expenses (as defined in this guidance) for staffing State or local fusion centers • Hiring of contracted security for critical infrastructure sites • Public safety overtime (as defined in this guidance) • National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package • • Increased border security activitics in coordination with US Customs and Border Protection (CBP) Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package. 24 C. Equipment Acquisition The allowable prevention, protection, response, and recovery equipment categories and equipment standards for FY 2009 HSGP arc listed on the web -based version of the Authorized Equipment List (AF1) on the Responder Knowledge Base (RKB), at flitias://www.rkb. ILL Unless otherwise stated, equipment must meet all mandatory regulatory and/or DHS-adopted standards to be eligible for purchase ring these funds. in addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. D. Training Allowable training -related costs include, but arc not limited to, thc following: • Funds used to develop, deliver, and evaluate training, including costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. • Overtime and Bachflll costs, as defined in this guidance, associated with amending or teaching ITMA•sponsored and/or approved training courses and programs are allowed. These costs are allowed only to the extent thc payment for such services is in accordance with the policies of the Stele or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee: of a unit of government tnay not receive compensation from both their unit or agency of government AND from an award fora single period of time (e.g., 1:00 pm to 5:00 pm). even though such work may benefit both activities. Further, overtime costs associated with employees who participate in training in a teaching role for which they arc compensated are not allowed. • Travel costs (e.g., airfare, mileage, per diem, hotcl) arc allowable as cxpcnscs by employees who arc on travel status for official business related to approved training. • luring of Full or Part -Time Staff or Contractors/Consultants to support training -related activities. Payment of salaries and fringe benefits mra be in accordance with the policies of the State or unit(s) of local government and . have the approval of the State or awarding agency, whichever is applicable_ Such costs must be included within the funding allowed for program management personnel expenses, which must not exceed 15 percent of the total allocation as specified in section E.6. In no case is dual compensation allowable (see above). • Certification/Recertification of instructors is an allowable cost. States arc encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses that involve training of trainers. This information is contained in an information Bulletin #193, issued October20, 2005. Training Activities States territories, and Urban Areas are strongly encouraged to use HSGP funds to develop a State/territory homeland security training program Allowable training related costs under I ISGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP, UASI, MMRS, and CCP grant programs. Allowable training topics include, but arc not limited to, CBRNE terrorism, cyber/agriculturr/food security, intelligence gathering and analysis, NIMS related training, citizen and community preparedness, and training for volunteers. Training conducted using HSGP funds should address a performance gap identified through an After Action Report/Improvement Plan (AAR/IP) or contribute to building a capability that will be evaluated through an exercise. Exercises should be used to provide the opportunity to demonstrate and validate skills teamed in training, as well as to identify training gaps. Any training or training gaps should be idcntifred in the AAR/1P and addressed in the State or Urban Area training cycle. All training and exercises conducted with HSGP funds should support thc development and testing of the jurisdiction's Emergency Operations Plan (EOP) or specific annexes, where applicable. E. Exercises All Urban Areas are require to conduct an annual Training and Exercise Plan Workshop (T&EPW). A Multi -year Training and Exercise Plan roust bc productsd from thc T&h:P W and submitted to the Statc's respective Exercise Manager. This plan must be updated annually. The Training and Exercise Plan will include the State's training and exercise priorities, associated capabilities, and a multi -year training and exercise schedule. Ali scheduled exercises must be entered through the National Exercise Schedule (NEXS) Application, which is located on the HSEEP wcbsitc. A template of thc Multi -year Training and Exercise Plan can bc found in HSEEP Volume guidance and on the HSEEP wcbsitc (https:bhseep.gov) under the Sample Exercise Documents section. Urban Areas are encouraged to use exercises as anopportunity to meet the requirements of multiple exercise programs. To this end, grantees arc encouraged to invite representatives/planners involved with other federally mandated or private exercise activities. Urban Arens arc encouraged to share, at a minimum, the multi -year training and exercise schedule with those departments, agencies, and organizations included in the plan. Further guidance concerning Training and Exercise Plan workshops can be found in thc HSEEP volumes. 25 Allowabk exercise -related costs include 4 Funds Used to Design, Develop, Conduct and Evaluate an Exercise- Includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel. and documentation. 4 Hiring of Fall or Part -Tithe Staff or Contractors/Consultants - Full or part -tine stall may be hired to support exercise -related activities. Such costs must be included within the ftmding allowed fur program management personnel expenses, which mast not exceed 15 percent of the total allocation. The applicant's formal written procmennent policy or the Federal Acquisition Regulations (FAR) - whichever is more stringent -must be followed In no case is dual compensation allowable. 4 Overtime and Backlit' - Overtime and back fill costs associated with the design, development, and conduct of exercises ate allowable expenses. These costs arc allowed only to thc extern the payment for such services is in accordance with thc policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. hi no case is dual compensation allowable (see above). 4 Travel - Travel costs arc allowable as expenses by employees who arc on travel status for official business related to the planning and conduct of exercise project(s). 4 Supplies - Supplies arc items that arc expended or consumed during thc course of thc planning and conduct of the exercise project(s) (e.g, copying paper, gloves, tape, non -sterile masks, and disposable protective equipment). at. Other Items - These costs include the rental of apacellocations for exercise p)arming and conduct, rental of equipment (e.g., portable toilets, tents), food, tcfrduucnts, gasoline, exercise signs, badges, etc. Unauthorized exercise -related costs include: 4 Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). $ Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs). Exercise Scenarios. The scenarios used in HSGP-funded otorci9Cs must be based on the State's/Urban Area's Homeland Security Strategy and plans. Acceptable scenarios for SHSP, UASI, MMRS, and CCP exercises include: chemical, biological, radiological, nuclear. explosive. cyber. agriculttrnii and natural or technological disasters. Exercise scenarios must be catastrophic in scope and size, as defined by the National Response Framework. The scenarios used in HSGP-funded exercises must focus on val idating existing capabilities and must be large enough in scope and size to exercise multiple tasks and warrant involvement from multiple jurisdictions and disciplines and nongovernmental organizations Exercise scenarios should also be based on the Multiyear Training and Exercise Plan. Mode's. Simulations and Games (MS&G). Grantees who wish to ..,.p,.,td finds an models, simulations, or games (MS&G) must consult with "Review of Models. Stmsiarions. and Gaines for Domestic Preparedness Training and Exercising, Volume Ill," which provides an overview and mralysis of existing models, simulations, and games. Grantees can also consult with the MS&G Decision Support System, which automates the aforerncotimcd t' po t imo a searchable database. Both the report and system are available through the HSEEP website. Special Event Planning. If a Urban Arta will be hosting an upcoming special event (e.g., Super Bowl, G-8 Summit); thcy anticipate participating in a Tier 2 National -Level Exen-ise as defined by the National Exercise Program Implementation Plan (NEP I -Plan); or they anticipate that they will apply to be a venue for a Tier 1 National -Level Exercise, as defined by the I -Plan, they should plan to use SHSP or UASI funding to fmnnce training and exercise activities in preparation for that event. States and Urban Areas should also consider exercises at major venues (e.g., arenas, convention centers) that focus on evacuations, communications, and command and control. Stares should also anticipate participating in at least one Regional Exercise annually. States must include all confirmed or planned special events in the Multi -year Training and Exercise Plan Exercise Evaluation, Al) exorcises will be performance -based and evaluated An After -Action Report/Improvement Plan (AA WI P) must be prepared and submitted to FDEM, following every exorcise, regardless of type. or wept. AAR/IPs must conform to the HSEEP format, should capture objective data pertaining to exercise conduct, and must be developed based on information gathered through Exercise Evaluation Guides (EEGs) found in HSEEP Volume IV. All applicants arc encouraged to usc the Lessons Learned Information Sharing System (1.I.lS.gov) as a source for lessors teamed and to exchange best practices. Self -Sustaining Exercise Programs. Urban Areas are expected to develop a self sustaining exercise program. A self- sustaining exercise program is one that is successfully able to implement, maintain, and oversee the Multi -year Training and Exercise Man, including the development and delivery of HSGP-funded exercises, The program must utilize a multi- disciplinary approach to the development and delivery of exorcises, and build upon existing plans, training, and equipment. Role of Non -Governmental Entities in Exercises. Non -governmental participation in all levels of exercises is strongly encouraged Leaders from nongovernmental entities should be included in do planning, conduct, and evaluation of an exercise. State and local jurisdictions arc encouragxxi to develop exercises that test the integration and use of non- governmental resources provided by nongovernmental entities, defined as the private sector and private non-profit, faith- 26 based, community, volunteer and other non -governmental organizations. Nongove nmattal patttoipation in exercises should be coordinated with the local Citizen Crops Counca(s). F. Personnel Personnel hiring, overtime, and backfill expenses are permined under this goon in order to perform allowable FY 2009 HSGP planning, training, exercise, and equipment activities. A personnel cap of up to 50 parent of total program funds may be used for personnel and personnel -related activities. Additional information can be found in your FY 2009 grind guidance. Activities that are considered "personnel" and `personnel -related", and therefore count against the personnel cap of 50 percent include, but are not limited to: • Operational overtime • Ovenimefbackfill to participate in approved training or exercise deliveries • Salaries and personnel costs of intelligence analysts • Overtime to participate in intelligence sharing activities • Salaries and personnel corn of planners, equipment managers, exercise coordinators, and/or training coordinators • Salaries and personnel costs under the M&A category • Contractor costs associated with performing the above activities G. Management and Administration - no more than 3% of each sub -recipient's total award maybe expended on Management and Administration costs. Hiring of full-time or part-time staff or contractors/consultants: • To assist with the management of the respective grant program • To Pscist with application requirements • To assist with the compliancy with reporting and data collection requirements Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls Overtime and bxlda! costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA — approved activities. fackfill Costs also called 'Overtime as Backlill" are defined as expenses from the result of personnel who are working overtime in ordr to perform the duties of other personnel who arc temporarily assigned to FEMA — approved activities outside their core responsibilities. Neither overtime nor backlit] expenses are the result of an increase of Full— Time Equivalent (F ("Es) cmployas. These costs are allowed only to the extrrtt the payment for such services is in accordaree with the policies of the state or unil(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In oo cast is dual compensation allowable. Thal is, an employee of a unit of government uey not receive cougretbation from their unit or agency of government AND from an award fora single period of time (e.g., 1:00 pm to 5:00 pm), even (bough such work nary benefit both activities. Fringe benefits on overtime hours are limited to Federal lasurance 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 htlo://www.oip-trsdoi.gov/FinGuide). Acquisition of authorized office equipment The following are allowable only within the period of performance of the contract: • Recut iny fees/charges associated with certain equipment, such as cell phones, faxes, etc. • Leasing and/or renting of space for newly hired personnel during the period of performance of the grant program H. Construction and Renovation Use of IISGP funds for construction and renovation is generally prohibited except as outlined below. Such construction and renovation shall be strictly limited and allowable only whcv it is a necessary component of a security system at critical infrastructure facilities. Project construction and renovation not exceeding S1,000,000 is allowable, as deemed necessary. The following types of projects are considered to constitute construction or renovation, and must be submitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirements prior to initiation of the project: • Construction and renovation of guard facilities • Renovation of and modifications, including the installation of security and communication equipment, to buildings and structures that are 50 years old or older • Any other construction or renovation efforts that change or expand the footprint of a facility or structure, including security enhancements to improve perimeter security. 27 Physical security enhancements, including but not Limited to: o Lighting o Faxing o Closed-cuuiit television (CCTV) systwtts o Motion detection systems o Barriers, doors, gates and related security enhancements 0 lot addition. Me erection ofcwnmunicutions towers that are included in a jurisdiction's interoperable communications plan is allowed. subject to all applicable laws, regulations. and licensing provisions. Communication tower prcjecn must be submitted to FEMA for EHP review. Per the Consolidated Security, Disaster Assistance. and Continuing Appropriations Act of 2009 (Public Law 110-329). cotnmunictatiaves towers are not subject to theEl. I(J0.000 construction and renovation cap. Approval Process: In order for grantees to drawdown fonds for construction and renovation costs, the grantee must provide the Division witb: • A description of the asset or facility, asset location, whether the infrastructure is publicly or privately owned, and the construction or renovation project • Certification that a facility vulnerability assessment has been conducted • An outline addressing how the construction or renovation project will address the identifitxi vulnerabilities from thc assessment • Consequences of not implementing the construction or renovation project • • Any additional information requested by FEMA to ensure compliance with Federal environmental and historic preservation requirements Additional information cony also be found on the FEMA'a website located at burp:/hvww,fema.aovip/an/ehp/. Note: Written approval must be provided by FEMA prior to the est of any UASi funds for construction or renovation. I. Overtime and BaclfiIl Guidance Overtime. Expenses incurred by those personnel who, as a result of FEMA-approved activities, arc performing over and above their normal, scheduled work hours or work week_ Backf I1-related overtime. Expenses incurred by those personnel who ore working over and above their nonml, scheduled work hours, or work week, in order to perform the duties of other personnel who arc lmnporarily assigned to FF.MA- 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 thc 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 (FTFs). Allowable Planning, Training, and Exercise Cost Specific to Law Enforcement Terrorism Preventioa (LETP)-otiented Activities. Up to 25% of UASI funds must be dedicated towards law enforcement terrorism prevention -oriented planning, organisation, training, exercise and equipment activities. • J. LETP Planning Activities: al Conducting point vulnerability analyses and assessments i1 Soft target security plarming (public gatherings) 4 Developing border security operations plans in coordination with CBP 4 Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas .l Updating and refining threat matrices 4 Integrating and coordinating private sector participation with fusion center activities 4 Developing and implementing civil rights, civil liberties and privacy policies, procedures, and protocols. 4 Acquiring systems allowing connectivity to State, local, and federal data networks, such as the National Crime Information Center (NCIC) and Integrated Automated Fingerprint identification System (IAFIS), as appropriate 4 Designing and developing State and local geospatial data systems • Costs associated with the adoption, implementation and adherence to NIMS compliance requirements; including implementing the NIMS Notional Credentialing Framework. 4 integrating and coordinating private sector participation with fusion tenter activities Establishment / Enhancement of Fusion Centers .k Hiring an iT specialist to plan, develop, and implement the 1T applications necessary for the fusion center 4 Developing and planning for information/intelligence sharing groups 4 Hiring contractors and consultants to make recommendations on the development of the fusion center 28 K. LETP Training Activities: law enforcement terrorism prevention protection -oriented funds may bc used for a range of law enforcement terrorism prevention related training activities to enhance the capabilities of State and local personnel, including the following: Establishment /Enhan®aent ufFusion Centers Grant funds may be used 10 support intelligence analyst training in the following manners: • Participation in DI IS approved intelligence analyst training: States wishing to develop or sponsor intelligence analyst courses for a national audience should submit courses to FEMA for rnicw and approval in acmrdancc with the process outlined in Parts VI and Vll of the FY2008 grant guidance. The list of approved courses will be constantly updated and can be accensed in the FEMA catalog at hip://www.firs tresponderrminlnp.rov/odp webforms. ▪ Limited participation in non-FEMa approved intelligence analyst training: States may send students to attend non -approved intelligence analysis courses for up to three offerings in accordance with the training process outlined in Parts Vi and Vii of the FY 2009 grant guidance A certificate of completion of all intelligence analyst training must bc on file with thc SAA and must be made available to Preparedness Offices upon request upon the hiring of personnel. Allowable costs include training courses that focus on: Building information sharing capacities (especially among law enforcement, nonlaw enfen,,n t, other government agencies, and the private sector) Methods of target hardening • Facility law enforcement security personnel, to include facilities, vessels and ports • CBRNF, agriculture, and cybcr threats • t t istory of terrorism and social environments contributing to threats • Surveillance and counter -surveillance techniques • Privacy, civil rights, and civil ltbeities regulations, policies, procedures, and protocols • Ctitirnil infrastructure Protection training, to include identifying/assessing critical infrastructure assets, vulnerabilities, and threats - Cyber/agriculture/food security threats recognition and protective measures training • Guinea] awareness training for community engagement activities and undercover operations related to terrorist organizations Languages, such as Arabic, Urdu, or Farsi, which are spoken by known terrorists and terrorist organizations • Joint training with other homeland security entities (e.g., U.S. Secret Service, CBI') • Use of laic -rope -rabic communications equipment • Collection, analysis, mapping, integration, end dissemination of geospatial data and imagery • Geospatial datahaer use, design, devek,pumrt, and management training • Volunteer participation to support taw enforcement and community policing activities related [o increased citizen awareness of terrorism activities, to include the Volunteers in Police Service and Neighborhood Watch programs L. LETP Exercise Activities Law a fmcement terrorism prevention protection -oriental funds may be used to design, develop, conduct, and evaluate terrorism prevention -related exercises, including the following: Exercises to evaluate the effectiveness of information sharing plans, policies, procedures, and protocols Exercises to evaluate NIMS implementation This includes costs associated with exercising components of thc NIMS National Credentialing Framework. • Exercises to evaluate facility and/or vessel security protection • Exercises to evaluate area maritime security protection • Exercises to evaluate threat recognition capabilities • Exercises to evaluate cybcr security capabilities • Exercises to evaluate agricultural/food security capabilities • Exercises to evaluate prevention readiness and techniques • "Red Team" (force on force) exercises • Interoperable communications exercises • Critical infrastructure vulnerability, protection, andior attack exercises Where practical, these exercises should involve thc public sector, non -governmental partners, trained citizen volunteers, and the general public. State and local governments should work with their Citizen Corps Councils to include volunteers from programs such as Volunteers in Police Service, Neighborhood Watch, and the general public. 29 J. National incident Management System (NIMS) Compliance HSPD-3, "Management of Domestic lneiden/s,"nntdated the creation of NIMS and the National Response Plan (NRP). NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic incidents, regardless of cause, size, or complexity. To promote into -operability and compatibility. among Federal, State, local, and tribal capabilities, NIMS includes a core set of guidelines, standards, acid protocols fur command and management, preparedness, resource management, communications and information management, supporting technologies, and managancnt and maintenance of NIMS. The NRP, using the template established by NIMS, is an all - discipline, all -hazards plan that provides the structure and mechanisms to coordinate operation fur evolving or potential Incidents of National Significance, which are major events that "require a coordinated and effective response by au appmlriate combination of Federal, State, local, tribal, private sector, and nongovernmental entities.' Tfic NiMS integration Cents (NIC) recommends 38 NIMS Compliance Objectives for nongovernmental organizations that support NIMS ample-mmtation. These activities closely parallel the implementation activities that have been required? of State, territorial, tribal, and local governments since 2004 and can be found at www.fenta.aov/ndVemcrecncy/nims/neo fs.pdf. To integrate nonprofit organizations into the broader national preparedness effort, DHS encourages grantees to consider pursuing these recommended activities. Additionally, nongovernmental organizations grantees and sub -grantees will be inquired to mat certain NIMS compliance requirements. This includes all emergency preparedness, response, and/or security personnel in the organization paniciparing in ncc development, implementation, and/or operation of resources and/or activities awarded through this grant crust complete training programs consistent with the NIMS National Standard Curriculum Development Guide. Minimum training includes IS-700 NIMS: An introduction. In addition, iS-800a NRP'. An Introduction Incident Command System (iCS-100), incident Command System (iCS-200), Intermediate Incident Command System (G-300), and Advanced incident Command System (G-400) arc also rexoama.uried. For additional guidance an NIMS training, please refer to hrtpJ/www_fema.gov/erreergencv/nirrts/mms trainineshtm. Additional information about NiMS implementation and resources for achieving compliance are available through the NIMS Integration Center (NIC) at hoop://www.fema.eov/emergencv/nims/. M. Reporting Requirements I. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, kale 30, September 30 and December 30) for the lift of this contract If a repurt(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. Programmatic Retrrxtinrt Sche[iule Reporting Period Report due to DEM no later than January 1 through March 31 April 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 2. Programmatic Reporting-BSIR After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual Strategic implementation Report in the Grants Reporting Tool (GRT) https://www.nvortins.odo.dbs.gov. The rc.e,rting periods are January I -June 30 and July I -December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. 3. Reimbursement Requests: A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be included for every dollar amount listed in the "Detail of Claims' form. 3. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Ern rgaxy Management no later than 60 days after the contract is either completed or the contract has expired. 30 4. Monitoring: Florida Division of Emergency Management US Department of Homeland Security Grants Program Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the Stale 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 grunt activity and items purchased. The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring the financial, programmatic and capability portion of the grant to include • equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulatitms. - Monitoring iseccomplished utilizing various methods including desk monitoring and on -site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic/capability. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is defined as the review of projects, Financial activity and bcctmical assistance between the program office and the applicant via a -mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team of members of the FDEM or their designer, to actually observe records, procedures and equipment. Frequency of annual monitoring activity: Each year the FDEM will identify up to 50V. of sub -grantees for site visit monitoring. It is important to note that although a given grant has been closed successfully, it is still subject to either desk or on -site monitoring for a five year period following closure. if ramptes of areas that may be examined Include: Management and administrative procedures Grant folder maintenance Equipment accountability and sub -hand receipt procedures Program for obsolescence Status of equipment purchases Status of training for purchased equipment Status and number of response trainings conducted to include number trained Status and number of exercises Status of planning activity Anticipated projected completion Specific difficulties completing theproject. Agency NIMS/1CS compliance dawnentation In certain circumstances, the FDEM may request additional monitoring/information if the activity, or lack thereof, on the pan of the specific recipient has generated questions from the region, the sponsoring state agency or the FOFM leadership. The method of gathering this information will be determined on a case -by -case basis. Desk monitoring is an ongoing process. Agency recipients will be required to participate in desk top monitoring on an annual basis and as determined by the FDEM. The agency recipients will complete and submit the desk top monitoring within 14 business calendar days of receipt. This contact will provide an opportunity to identify the need for technical assistance (TA) andlor a site visit if the FDEM determines that a recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email. information will include the grant recipient agency name, year and project description and the nature ofthe issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the FDEM for assistance. Examples of'rA include but are not limited to: Equipment selection or available vendors -1 Eligibility of items orsavices .4. Coordination and partnership with other agencies within or outside the region nr discipline ¢ice Visits Site visits will be conducted by the FDEM or designated personnel. Site visits will be scheduled in advance with the recipient agency POC designated in the grant agreement. Monitoring questionnaires w ill be provided in advance of the visit. 31 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 otba agencies within the region or state may be called upon to assist in the form of a pea review as needed. All findings related to the capability review will be documented end maintained within the FDEM. yAlte Visit Protocol The following outlines the monitoring protocol for the FDEM: The site visits will begin with those grantees that arc 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 idler will be sent to the recipient agency Point of Contact (POC) stating the purpose of the site visit at least 30 calendar days before the planned arrival date. FDEM personnel will call within the next 10 calendar hays to schedule an appointment to review the grantee's program. The physical location of any equipment located at an ahernate 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 graraee in writing (email is acceptable) and documented in the granite folder. Any personnel from the FDEM attending the she visit will review the grantee's cournpcxsding folder(s) before the visit. Prior to the visit, individual roles will bc identified for the site visit Copies of applicable documents will be made and distributed to the site visit team at a minimum of five (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient POC one business day in advance of the site visit Site Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If ftnarrial 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. Dace the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item should be visually inspected wherever possible. Bigger items (computers, mspoase vehicles, etc.) should have an asset decal (infortntioniserial number) placed in a prominent location on each piece of equipment as per recipient agency require -masts. The serial number should correspond with the appropriate receipt to conform purchase. Photographs should be taken of the equipment (large capital expenditures in excess of51,000. per item). If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that pan icular piece of tquipment. Once the tour/visual/spot inptwlion of equipment has been completed, the FDEM personnel will then conduct an exit conference with the grantee to review the fmdings. Other progranmratie issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Site Visit FDEM personrtel 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 grantcc explaining any issues and corrective actions requited or recommendations. Should no issues or findings be identified, a monitoring report to that effect will be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframc as determined by the FDEM. The Site Visit W orksheet, report and photographs will then be included in the grantee's file along with any documents distributed at the site visit by the grantee. 32 K. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Carolyn Washington POEM 2555 Shumard Oak Blvd. Tallahassoc, FL 32399-2100 (850)410-1271 earn.washington(alem.rnyflorida.com L Contractual Responsibilities Andrea Secret FDEM 2555 Shumard Oak Blvd. Tallahawr FL 32399-2100 (850) 410-3457 Andrea.becraft@einsnyflorida.com • The FDEM shall determine eligibility of projects and approve changes in scope of work. ▪ The FDEM shall administer the financial prooet Ps. 33 Attachment B Program Statutes, Regulations and Special Conditions 1) 53 Federal Register 8034 2) Section 1352, Title 31, US Code 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, 6) Uniform. Relocation Assistance and Real Property Acquisitions Act of 1970 7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 12) 28 CFR applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 14) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 15) Title VI of the Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973, as amended; 17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 18) Title IX of the Education Amendments of 1972; 19) Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 20) 28 CFR Parl 42, Subparts C,D,E, and G 21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39 Special Conditions 1. The grantee. and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to Department of Homeland Security grants are listed below: A. Administrative Requirements ➢ 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments A 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110) B. Cost Principles A 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Govemments (OMB Circular A-87) > 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) ➢ 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) > Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations 34 C. Audit Requirements OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 3 The redplent agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Homeland Security Grant Program guidance and application kit. 4. The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 5. Each State/UASI jurisdiction will contribute in full any cost share amount as submitted in the Investment Justification. 35 Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. ff an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the Recipient within the initial three months of the Agreement. [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET [ ) ADVANCE REQUESTED Advance payment of $ - is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment We would not be able to operate the program without this advance. If you are requesting an advance, complete the following worksheet DESCRIPTION (A) FFY (B) FFY (C) FFY (D) Total 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' , 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call your consultant and he or she will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ Cell D3 DEM Award (Do not include any match) REQUEST FOR WAIVER OF CALCULATED MAXIMUM MAXIMUM ADVANCE ] Recipient has no previous DCA/DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 36 ESTIMATED EXPENSES BUDGET CATEGORY 2009-2010 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: l 37 l Attachment D Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall • contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and Interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent 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, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 38 Codes of conduct The Recipient shall maintain written standards of conduct goveming the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer. or agent, any member of his or her Immediate family, his or her partner, or an organization which employs or Is about to employ any of the parties Indicated, 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 the 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 least one employee on site, from Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 39 Attachment E Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient. , certifies, by submission of this document, that neither it nor tts principals Is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to thls form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title DCA Contract Number Street Address City, State, Zip Date 40 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 govem 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. 91-648) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized.in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975. the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 41 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title 1 of the Omnibus Crime Control and Sate' 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, Nondisaimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500.000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 26 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 42 Exhibit "B" STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CIr A RLIE CRIST RUBEN D. ALMAGUER Governor Interim Director January 20, 2010 Subgrantee: Fort Lauderdale Urban Area Security Initiative Issue Number Project Title #51 Final Allocation Fort Lauderdale Urban Area Security Initiative $5,881,547.00 Grant Period: October 1, 2009 — April 30, 2012 Total Amount of Award: $5,881,547.00 Federal Giarit No.: 2009-SS-T9-0081 State Agreement No.: Provided upon execution In accordance with the provisions of Federal Fiscal Year 2009 Slate Homeland Security Grant Program, the Florida Division of Emergency Management hereby awards to the foregoing Subgrantee a grant in the amount shown above. The CI'DA number is 97.067 and Florida Division of Emergency Management federal grant number is 2009-SS-T9-0081. Payment of Funds: The original signed copy of this Award must be signed by the Official Authorized to Sign in the space below and returned to the Florida Division of Emergency Management before execution of your agreement. The subgrantee should not expend any funds until they receive a fully executed agreement from the Florida Division of Emergency Management and all Special Conditions are satisfied. Grant funds will be disbursed to subgrantees (according to the approved project budget) upon receipt of evidence that funds have been invoiced and products received and/or that funds have been expended (i.e., invoices, contracts, itemized expenses, etc.). Supplantation: The Act requires that subgrantees provide assurance that subgrant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance with that mandate, I certify that the receipt of federal funds through Florida Division of Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities. Conditions: I certify that I understand and agree that funds will only be expended for those projects outlined in the funding amounts as individually listed above. I also certify that l understand and agree to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the Act governing these funds and all other federal laws; that all information is correct; that there has been appropriate coordination with affected agencies: that 1 am duly authorized to commit the applicant to these requirements; and that all agencies involved with this project understand that all federal funds are limited to a thirty -month (30) period. FI.ORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER 36 Skyline Drive 2533 Shumard Oak Boulevard 2702 Directors Row Lake Mary, FL 32746.6201 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Tcl: 850-413-9969 • Fax: 850-488-1016 www. FloridaDisaster,ore, STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CHARLIE CRIST RUBE;N D. ALMACUE:R Governor Interim Director SPECIAL CONDITIONS I. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to DHS grants are listed below: A. Administrative Requirements • 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agicernents with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110) B. Cost Principles • 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) • 2 CFR Part 220, Cost Principles for Educational Institutions (OMB CircularA-21) • 2 CI-R Part 230, Cost Principles for Non -Profit Organizations (OMB CircularA-122) • Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Ora na rations C. Audit Requirements • OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations • Rt..ipient understands and agrees that it cannot use any federal funds, tither directly or indirectly, in support of the enactment, i epral, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. • The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Homeland Security Grant Program guidance and application kit. • The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non- compliance finding and will not be eligible for FEMA funding. ACCEPTANCE FOR THE SUBGRANTFE: Signature of Official Authorized to Sign for County Signature of Statc Administrative Agent FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOCISIICSRESPONSECENTER 36 Skyline Drive 2555 Shumard Oak Boulevard 27D2 Directors Ross Lake Mary, FL 32746-6201 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Tel: 850-413-9969 • Fax: 850-488-1016 yww FloridaDisastcr.org 2009 URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM GRANT AWARD LETTER CITY OF MIRAMAR, FLORIDA By: Robert A. Payton, City Manager ATTEST: Yvette M. McLeary, City Clerk Approved as to form and legal sufficiency for the use of and reliance by the City of Miramar only: By Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. City Attorney SFUASI 2009 Budget Submission 2009 Fort Lauderdale UASI Budget CC n N F 1 $ w g N 1 =d c Description of Prefect Budget Request Planning Organlzng Elerdse TreiNng EgWpment Personnel Al & A Prime/ Grantee Sub pram.. Owner ' Inveatmam JUstlfleetldn Y 1 N 2 'Implementation EOC Enhancements for ColleboretioMNebEOC $ 275,272 $ 275272 Browsed Browsed el MIMS/14RP N 14 N 1 COOP S 41,291 $ 41,291 Broward Oakland Perk u8 Plan/Prepare N 15 V 1 'Security 1CS Sollwara $ 41,291 6 11281 Browsed Moment Beach 44 Info N 15 Opa Center CCTV 1 $ 8,351 6 18,351 Browsed Mamerkl Heath Care Stan • W NIPP N 1 Disaster Management Sofhvere $ 41,291 6 41,221 Breward Kanmtbn 64 Into Shen N Y 15 8 N 1 Y EOC Enhancements $ 13,763 $ 13,703 Browerd Wilton Mena 41 NIMS/NRP N 8 2 Y Euroceptar Helicopter Training $ 45,000 S 45,000 RSO BSO - e8 CBRNE 2 Marine Puttee Tactical Tra9-irg ill 5ludents) $ 11,000 $ 11,000 060 8S0 88 CBRNE N N 8 8 Y 2 V 1 Night Vision Goggle Training S 31,500 3 31,500 83O 630 M6 CBRNE N Y SWAt Special Operators Platform $ 83,000 5 63000 - BSO BS0 - Pe CBRNE N 8 2 Y Undervrrer Crime Scene Techncian II Treinhg f30 Students) $ 11,250 9 11,260 - BSO BSO 103 CBRNE N 22 1 EOD Robot-Wrreless Upgrade $ 57,733 S 57,733 880 BSO 48 CBRNE Y 22 Y 3 Side Scan Sonar Menne Sonic Duel Free' 900/1800 kHz 8 49000 5 46003 BSO 850 . Pt CAR NE 24 Y 2 180 Hour HezM al Technician Trailing (25 Students) budget balanced hen (•387401 5 23,780 5 23,780 BSO 8S0 48OBRNE N 24 Y 3 Piglet Inflatable Boor Wdive door 96) $ 130,000 3 130,000 BSO BSO 48 CBRNE N Y 24 Y 3 FR 84 Replacement Filers 8 9,018 $ 8,018 BSO 850 M8 CBRNE N 1 Y 2 Comprehensive Emergency OPerallens Planner S 97,398 $ 87,399 Caret Springs 418 Plan/Prepare R Y 2 Y NA ntenepereble con ourde dons enhancements $ 292.183 $ 282,183 Coral5p1170. • e; Gorton R Y 1 3 Y 2 N 2 Regional Planning, Training, and Exercises 9 476,309 5 278,309 $ 100,000 S 100,000 FLL-Regtona1 TRO 99 PN4Prerwra Enhance Regional Citizen Corps Capabilities (PTSE) $ 400,000 3 65,000 $ 30,000 9 206,000 S 100,000 FLL•Rsgienal TBD 103 PIen/Pnn pe R inieRgenee-rlal)als-end-predne,4en-e�te,p $ - FLL-Regional PBS( 04 into Shan N N 15 Y NA R agioral Collaboration System Enhancement $ 300 000 3 300,000 PL.-Regional 1/1 NIMBMRP Y 2 Y 1 Enhanced 911 Communications Center (balance budget in this line item (-537,704) - $ 354,321 5 14,234 S 340.087 Fon Lauderdale F1rerPelce . *S Comm N 3 N 2 Community Emergency Response Team(CERT) Training S 35,400 9 35,400 Fen Leudrdole FirerEM 0e Pan'Prt P� 15 N 2 EOC Enhancements/Maintenance S 30,000 9 30,000 Fort Lmuderdele EM 41 N(M5/NRP N 1 N 2 EOG Enhancement $ 170,000 S 80,000 9 10,000 9 80,000 Hollywood Hi NIMS/NRP N 2 Y 2 Communications Interonerabitty Enhancement S 40.000 9 10.000 S 30.003 Hollywood 45 Comm N 10 V 3 CCTV Enlancemenl•Exprafon Pro)act S 185.121 S 185,121 Hollywood 44 Info Shan N 2 N 1 Interoperab9lty Technology Pro)ect- Incident Management (budget balanced on this line #:( - 34.894) - $ 283,224 $ 283,224 Muni Gardens e4 into Shan Y 24 N 1 Adapting Immedlete Incident Response Training $ 105,226 $ 105,226 l0omF 0erdens 81 NIMS/NRP Y 1 N 1 UA SI Planners 9 100,177 9 100,177 Miramar 46 Parr/Prepare N 10 Y 1 Generator Cache: budget balanced on this Inc dam (-35,0451 $ 64.955 - S 04,955 Mlnmr 43 NIPP N 10 N 2 Network SecurltyConputer-Intrusion Soeware S 50.000 9 50,000 Manner 041nfo Share N 8 N 1 Emergency Operations Armored Vehicle 9 125,000 9 125,000 - Miramar ee PIaNPnDre N 10 Y 1 Water/Wastewater Puri Security $ 50,000 9 50,000 rainwear a3 HIPP N MA N NA Management end Administration 5 178,448 S 176,446 Mflemer d9 M3A N 1 Y 1 Phase III: Crisis Marngamenl System (rot/ out to countyMete (lanner. and nwrklpalfles) beanies here (arid 602) $ 88.602 5 88,802 Phan Beach PBC OEM PBC OEM 05 Comm N 1 N 1 Countywide Crisis Mamgemant System Phase III enhenceouenit. 9 , 45,000 $ 45,000 Pain Beech PBC OEM PSC OEM 85 Comm 200E Fe,el Fort Lauderdale UA51 Budget 9-10-09 12).eb 1 014 SFUASI2009 Budget Submission TCL LETPP? y S g va LL J Description of Project Budget Request Planning Organizing Exemlae Training EqulpmeN Per0onnal M LA Primary Grantee Sub Orerttn Owner tnveatfneDl - JuetFRoallon Y 1 . 1 Deveop a Cdsis Manaiement System Special Events strategy S 50.000 $ 60,000 Pete Beach PBC DEM PBC OEM 08 Rim/Pigpens V 1 N 1 Develop a coimywb CBRNE plan S 40,000 $ 40.000 Pete Beech pPBCCD M aridegeneleSpPBC HERO DEM and3 HBRC 08 P1efIPrepare N 1 Y 1 EOC monitoring/tracking al information sharing systems and equipment S 20,000 $ 20,000 Path Balch P8C DEM EOC PBC DEM EOC a1 N1MSMRP Y 1 N 2 Countywide emergency management municipal en115es plan reviewlupdalelenhencemems. S 40,000 $ 40,000 Path Bosch PBC DEM mirddpa011u PBC OEM munielpe88es F1 NIMSINRP Y 1 Y 2 Murkipel Comprehensive Emergency Marmpemenl Pleno (CEMP) guidance templates to address the needs al each of the muriclpaRles in the County. $ 50,000 $ 50,000 Pain Beech Town of Palm Beech Town of Petra Beech/DEM 08 Plan/Prepare N 10 Y 2 Security enhancements to Hospital dispatch area and CCTV system 3 50,000 $ 50.000 Pain Beach Boce Reran raGomm. 11010. 03 NIPP N 10 N 1 Trauma center emergency triage perimeter surveillance and triage flow S 20,0C* S 20,000 Pain 8eeth Delray Medlcel Center 03 NIPP N 10 Y 1 Security erriancentents to the existing alternate m EOC for the Co y. $ 21,0130 $ 21,000 Pale Beech PBC Public Satey!DEM PBC Public 8aferyl0EM e3 NIPP - N 14 Y 1 Mobile Command Post enhancements $ 20,000 3 20,000 Pain Beach PBC DEM PBC OEM a1 MMSINRP N 24 N 1 Radiation cart 3 8,172 $ 8,172 Pals Beech Bethesda Memmtel Hoeg. 06 CBRNE Y 3 Y 2 Pr Community Preparedness and Participation (B- PAT Program) $ 25.000 3 25,000 PBSO PBSO Pt are 08 sn/pnD N 7 Y 1 Information Sharing end Coleborahon ILEX Program) 3 50.000 3 50,000 PBSO PBSO 04 Info Shan N 7 Y 1 Intetrrgance Fusion and Analysis (Intelligence Cps Center) 3 100.000 S 100.000 PBS° PBSO 04 Into Shan N 10 N 1 Critical Infrastructure Protection i Cameos and monitoring Titan halite 3 129,849 S 129.840 P850 PBSO 53 NIPP Y 10 N 1 Critical IMreltnsture Protection / Training and Assessments (budget balanced cfl this line item I 311,875) S 87,125 87,125 r PBS° PBSO 63 NIPP N 24 N 1 Large Vehicle Bomb 1ED Disruptor 4 28,000 - $ 28,000 PBSO PBSO Ve CBRNE N 24 N 2 1E0 Explosive Detection end Response l Under vehicle mobile video bomb detection device $ ' 35.000 3 35.000 PBSO PBS° . 08 CBRNE N 24 Y NA Portable Radioatlgital upgrade program 3 391,50a S 391.509 Pembroke Fines 95 Conan N ? 24 Y 3 .1 Enhance CBRNE Detection & Bataan Ili protect Public Safely Complex .lrilidktglttttiltajttlltaIMMII$ t4Fxk,. a,.... - Li,... A . x)`4.im34-?->-tl.k:: 3 428,210 lWd $il Mdiw.S, rie..__ r'..., 130,000 v $ 738,097 S 420,J-10 $ 3,828,827 � 5 Sunrise ..,. ' tl.-»� VS NIPP _._. .r ..,, 200D Final Fon Lauderdale UABI Susgot0-I0d0 (2).01 2ef4 SFUASI 2009 Budget Submission $I o- T F LETPP rued. P a J Description of Project Budget Request Planning Organizing Exercise Training EgNpment Personnel 1A S A Primary Grantee Sub Orontes Owner Investment hutlRestlen Mennen from target S • SFUASI 2009 Summary by Priority/Funding Are. LETPP Minimum LETPP per Duldanee Eligible : 9 3,562,219 I Fort Lauderdale 8 1,509,525 LETPP %ol Total Submittale (r ceired 25% 81% minlmum) I Planning. Training, end e0erctse9 S 1,596,657 PT&E % of Total Submittal (required 25% 27% I Funding i Priorities 1. Measuring progress against the National Preparedness Guidelines Funding Priority $ 2,250,152 1 % of Total Submittal 2. Strengthening 38% preparedness planning Fundng S 1,662,909 Priority 2 % of Total Submittal 3. Strengthen prevention, tit on, protection end recovery Fuming 28% S 79$]47 .__-.__... ..__._.__.. _ _.._._— ._-_.___ , _____.__ ._-._.-.._. _.__-_.______:___._.___.__ _-_�.___ Priority 3 % of Total Submittal 14% Funding Priority NA Funding $ 1,160.138 Pncrity 3 % of Total Submittal Total 20% 3 5,991,546 S 5.881,548 Total Allocation $ DMeronte BALANCE CHECKS FLL Line Item Allocation Difference i i UASI SUBTOTALS OF LINE RTENS ABOVE Subtotal Braward Peen $ 431,258 8 4st, 239 $ Beach 3 432.774 3 432,774 S Fort Lauderdale 3 419,721 3 419,721 $ Hollywood l 3 395,121 9 303.121 b - Sarrse Pembroke 3 428,210 0 42eam 3 - Penes 3 391,509 3 391,500 00 S I ($390,132+178,446 8 M A) a 3556,578) PBSO 3 566.578 ' 8 566.578Miamor S - 3 432,774 9 431,774 3 BSO $ 431.259 $ 431,259 3 Miami Gardens 3 386450 3 388,430 S - Coral Springs 3 309,702 8 389.582 8 - SUBTOTAL: Ft Lauderdale UASI Total S 4,705,237 3 4,705,237 S - ' Ft. Lauderdale UASI Share of State 3% 3 181,904 3 181.904 S ' (State M8A is nor in Budget) Regional Projects seeigned to FLL UASI 3 1,176,302 3 1,178,300 8 - TOTAL: FLL UASI 3 9,063,4613 3 8,0a3,460 S Teat $ _ $ El_ Funding of Top UAWG Ranked 7CLs Amount Percent of Total i 19 Emergency Public Safety end Security 3 - 0,0% i 1 Planning 3 1,474,050 25.1% .I t 2 Communication $ 939.778 - 10.5% I 7 Intelligence Analysis and Production 3 150,000 26% r 10 CdUcal Infrastructure Protection - 3 637,850 10,8% _ _ 18 Responder Safety and Health 3 - - i 24 WMD and Hazardous Materiels Response and Doconlamination 3 1,154,833 19 8% I 2009 Final Fort Lauderdele VA81 Budget 0-1389 (2)sla 3er4 SFUASI 2009 Budget Submission PTE TC LETPP? 'n I Fund, FN Line No. Description of Project RtMgel On -Site incident Management Re uses qrtmty Plannnn Organizinget and Training Equipment Personnel M & A Pri Grantee Bub amebae Owner ImastmMf JarNOeetlen Tote' Submittal for High Priority TCLB 3 81,291 $ 4,447,812 1.0% 75,8% o 32 Funding of Lower LJAWG Ranked TCLa Amount ' Mess Pro• tarns •envoi of Tots maluino© 30 8 Inlell a ante and Information Shari g - 0.0% ; and Disarm' Medical Sully3 3 - 0.0% n Counter -Terror Investigation Law • 6 15 and Enforcema information Gathering and Recogtllion of Indite . 3 288,750 S - -0.DX 4.0% Emergency Operations Center 31 Management Medical Supplies Management Distribution 3 403405 8•0% 3 and Community Preparedness end Participation 3 - 8.9S5 0.0% 9 29 CBRHE Detection Emergency Triage end Pre-Hospeal Treatment $ 460,403 $ _ $ 7.BX 11 Food and Agriculture Solely Defense - $ 0.0% 0.0% 23 and Fire Incident Res • erne Su.. on$ - - O.OX 22 25 33 Ergllosve Device Response Operations IMaial== �_ 0.0% Mean Evacuation end Shelter -In -Piece Mass Care -- -- 4 (Shattering, Feeding and Related 8e Risk Managementg 6 - - �' 12 Epidemblogical Suwiltancs Investigation - 3 0.0% _ 21 27 mad Environmental Fl onmenleet h S 0.0% 0.0% seach and Rescue (Lard Based) - 0.0% 16 Critical Resource Logistics Distribution $ - 28 and Emergency Pubic Information 3 - 0.0% 0.0% 28 end Warning Isolation and Quarantine $ - 0.0% 38 Restoration of Lifelines g •- 37 Economic and Community Recovery 3 3 0.13% 20 Animal Mauna. Emergency - 0.0% 13 Support Laborato Testi 5 • 0.0% ��•�Es 17 Structural Dam- •e Assessment 3 • 0.0% Vdunteer Management end OonatIons ®-------1111.22.11 14 Fat Miry Management Total Submittal for Low Priority TCLs g 0.0% 0.0% $ 1.257,288 21.4% Taal by TCL Plus M&A S 5.705,100 Total S 176,448 Total Budget - 5 5,681,546 Otffanance 3 5,861,548 g I 2008 Final Fort Lauderdale UASI Budgrt 9-10.a0 c2).xle 4014 EXHIBIT C MEMORANDUM OF AGREEMENT FOR PARTICIPATING FORT LAUDERDALE UASI AGENCIES This Agreement is entered into this day of , 20_, by and between the City of Miramar, a municipal corporation of the State of Florida (the "Sponsoring Agency") and (the "Participating Agency"). RECITALS WHEREAS, The United States Department of Homeland Security (DHS), through the Office of Grants and Training (OG&T), is providing financial assistance to the Fort Lauderdale Urban Area through the FY 2009 Urban Area Security Initiative (UASI) Grant Program in the amount $5,881,547; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Fort Lauderdale FY 2009 UASI Grant Program; and WHEREAS, the OG&T requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the FY 2009 UASI Grant Program and involve core cities, core counties, contiguous jurisdictions, mutual aid partners and State agencies; and WHEREAS, the Fort Lauderdale Urban Area has been defined as the City of Miramar, City of Miami Gardens, City of Fort Lauderdale, City of Hollywood, City of Pembroke Pines, City of Coral Springs, City of Sunrise, Broward County and Palm Beach County; and the Fort Lauderdale Urban Area Working Group includes the foregoing agencies as well as the Broward Sheriff's Office, the Palm Beach County Sheriffs Office, the Miami -Dade County Police Department and the State Administrative Agency, represented by the Florida Department of Law Enforcement; and Page 1 of 11 WHEREAS, the City of Miramar anticipates that it will be subgranting a portion of the funds to the cities and counties listed above, as well as to the 8roward Sheriffs Office and the Palm Beach County Sheriffs Office, as members of the Fort Lauderdale UASI in accordance with the FY 2009 UASI Grant Program; and WHEREAS, the City Commission of the City of Miramar, by Resolution No. , adopted on , has approved the execution of the Federally - Funded Subgrant Agreement with the State of Florida, and has authorized the City Manager to enter into this Agreement with each Participating Agency on behalfof the City of Miramar; and WHEREAS, the Sponsoring Agency wishes to work with the Participating Agencies through the Urban Area Working Group process to enhance the ability of Miramar and its surrounding jurisdictions to respond to a terrorist threat or act. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: I. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the FY 2009 Urban Areas Security Initiative (UASI) Grant Program which was made available by the U.S. Department of Homeland Security (DHS), through the Office of Grants and Training (OG&T) and through the State of Florida Division of Emergency Management (DEM). B. This Agreement serves as the Scope of Work between a Participating Agency and the Sponsoring Agency. 1I. SCOPE A. The provisions of this Agreement apply to FY 2009 UASI activities to be performed at the request of the Federal govemment, provided at the option of the Sponsoring Page 2 of 11 Agency, and in conjunction with, in preparation for or in anticipation of, a major disaster or emergency related to terrorism and/or weapons of mass destruction. B. No provision of this Agreement limits the activities of the Urban Area Working Group or its Sponsoring Agency in performing local and state functions. I11. DEFINITIONS A_ Critical Infrastructure. Any system or asset that if attacked would result in catastrophic Toss of life and/or catastrophic economic Toss. B. The U.S. Department of Homeland Security (DHS), Office of Grants and Training, Urban Areas Security Initiative (UASI) Grant Program (FY 2009). This program reflects the intent of Congress and the Administration to enhance and quantify the preparedness of the nation to combat terrorism. The UASI Grant Program is being provided to address the unique equipment, training, planning, operational and exercise needs of large high threat urban areas, and program activities must involve coordination by the named cities and counties, and any which are identified by the Urban Area Working Group and the respective State Administrative Agency. Funding for the FY 2009 UASI Grant Program was appropriated by the U.S_ Congress and is authorized by Public Law 108-11, the Emergency Wartime Supplemental Appropriations Act of 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. C. 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; Page3ofll unified command; training; and Identification. According to current Homeland Security Grant Program Guidance, awardees must meet the NIMS compliance requirements in order to receive preparedness funding. State, Territory, Tribal and local govemments are considered to be in full NIMS compliance if they have adopted and/or NO elnefftt d the: FY 2005 and FY i006 .compliance activities, as described by the Federal Emergency Management Agency. Urban Area Working Group (UAWG). The State Administrative Agency (SAA) Point of Contact (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. E. Urban Area. An urban area is;Iimited to inclusion of jurisdictions contiguous to the named cities and counties, or with which the named cities and 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 Miramar Police Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Coordinating with named cities and counties, with the respective State Administrative Agency and with the OG&T. C. Conducting a comprehensive Urban Area Assessment, which in turn will guide 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, Page 4 of 11 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 to be submitted to the SAA POC. F. Complying with the requirements or statutory objectives of federal law. G. Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. H. Following grant agreement requirements and/or special conditions, including the terms, conditions, certifications and other requirements contained in the Federally - Funded Subgrant Agreement between the State of Florida, Division of Emergency Management, and the City of Miramar, attached hereto as Exhibit "1" and hereby incorporated by reference. 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 Miramar Police Department, authorized to carry out the herein agreed upon responsibilities of the Participating Agency. Developing ubgrants for i • urn l tia:es within each county fin ordaiice r'rvith UASJ 'Grant; .Program MVO, Ikequirements. Participate gents ":.and subgt,ne'ust anabiroWfibe66 to comply +math the; requlrents Mlle UASI Gra.tltllNogram FY, 2t9 arid• the terms, certtioris and other iire"ments cont4iiMiathe Federally-FundedFederallytF0deSiibgfgintAgreement between the State of Florid ! 3 nsivri of EmergencyManagement, and the City of:la/lirarnar, attached hereto as Exhibit "1 ", including but not limited to budget authorizations, Page 5 of 11 required accounting and reporting on fund usage, use of funds only for the intended purpose and tracking of federally funded assets. C. Submitting budget detail worksheets for direct purchases of equipment or services. D. Participating as a member of the Urban Area Working Group to include coordinating with and assisting the City of Miramar in conducting a comprehensive Urban Area Assessment, which in tum will guide development of an Urban Area Homeland Security Strategy. E. 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, govemmental administrative, public safety communications, healthcare and public health_ F. Assisting the City of Miramar in development of a comprehensive Urban Area Homeland Security Strategy. G. Complying with the requirements or statutory objectives of federal law. H_ Ensuring satisfactory progress toward the goals or objectives set forth in the grant application. I. Submitting required reports. VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the Urban Areas Security Initiative will be administered solely by the Sponsoring Agency. Page6ofll B. The Participating Agencies will provide financial and performance reports to City of Miramar in a timely fashion. The City of Miramar 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 Chapter 768.28, Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a 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. The Participating Agency has been allocated $ to be expended and reimbursed pursuant to the terms of this Agreement. VII. FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $500,000 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. 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 FY 2009 UASI Homeland Security Grant Program assistance for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland Page 7 of 11 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. D. Categorical Assistance Progress Reports by the Sponsoring Agency, the Participating Agency or by Subgrantees must be submitted 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. Page 8 of 11 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 regarding the subject of this Agreement, written or oral, except for any executory obligations that have not been fulfilled. 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, 2012, 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 with procedures, training and equipment standards as prescribed by the OG&T. H. Per Section (21), entitled "Lobbying Prohibition", of the Federally -Funded State Grant Agreement, attached hereto as Exhibit "1", 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. 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, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; and (2) if any funds other than Page 9 of 11 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 Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 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 Tess than $10,000 and not more than $100,000 for each such failure. SPONSORING AGENCY THE CITY OF MIRAMAR, a municipal ATTEST: corporation of the State of Florida Yvette McLeary City Clerk Approved as to form and legal sufficiency for the use of and reliance by the City of Miramar only: City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., BY: Page 10 of 11 Robert A. Payton City Manager ATTEST: PARTICIPATING AGENCY BY: Name: Name: Title: Title: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney Page 11 of 11