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HomeMy WebLinkAboutExhibitMEMORANDUM OF AGREEMENT PROGRAM TO PREPARE COMMUNITIES FOR COMPLEX COORDINATED TERROR ATTACKS GRANT PROGRAM 2016 "Jurisdiction" Grant Number: EMW-2016-GR-00097 Agreement Number: EMW-2016-GR-00097-S01 CFDA #: 97.133 This Agreement is entered into this _ day of , 2019, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and the Enter Recipient , (the "Participating Agency"). RECITALS WHEREAS, the U.S. Department of Homeland Security (USDHS) is providing financial assistance to the Miami regional area in the amount $723,260 dollars through the Preparing Communities for Complex Coordinated Terrorist Attacks (CCTA) Grant Program 2016; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami CCTA Grant Program 2016; and WHEREAS, as the USDHS requires that the applicant selected for funding take a whole community approach to the development and implementation of the CCTA Grant Program 2016 and should aim to include individuals and communities, the private and nonprofit sectors, faith -based organizations, and all levels of government (local, regional/metropolitan, state, tribal, territorial, insular area, and Federal); and WHEREAS, the 2016 CCTA Urban Area has been defined Miami and Ft. Lauderdale collectively and anticipates sub -granting a portion of the CCTA funds in accordance with the grant requirements; and WHEREAS, the City Commission, by Resolution No. , adopted on 2019, has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and WHEREAS, the Sponsoring Agency wishes to work with the participating agencies and the Southeast Regional Domestic Security Task Force (SERDSTF) to focus on developing regional partnerships intended to strengthen the capacity for building and sustaining capabilities specific to identifying gaps, planning, training, and exercising associated with preparing for, preventing, and responding to a complex coordinated terrorist attack. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow: 1 I. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the CCTA Grant Program 2016 which was made available by the U.S. Department of Homeland Security. B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring Agency. II. SCOPE A. The provisions of this Agreement apply to CCTA Grant Program 2016 activities to be performed at the request of the federal government, provided at the option of the Sponsoring Agency, and in conjunction with, preparation for, or in anticipation of, a major disaster or emergency related to complex coordinated terror attacks. B. No provision in this Agreement limits the activities of the Sponsoring Agency in performing local and state functions. III. DEFINITIONS A. Critical Infrastructure: Any system or asset that if attacked would result in catastrophic loss of life and/or catastrophic economic loss management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. B. Core County: The County within which the core city is geographically located. The core city is the City of Miami. C. CCTA Grant Program 2016: The CCTA Grant Program 2016 reflects the intent of Congress and the Administration to enhance and quantify the preparedness of the nation to combat terrorism and continues to address the unique planning, training and exercise needs of large high threat urban areas, and program activities must involve coordination by the identified core city, core county/counties, and the Regional Domestic Security Task Force. Funding for the CCTA Grant Program 2016 was appropriated by U.S. Congress and is authorized by Section 102(b)(2) of the Homeland Security Act of 2002, as amended (Pub. L. No. 107- 296) and Section 543 of the Department of Homeland Security Appropriations Act, 2016 (Pub. L. No. 114-113). The funding will provide assistance to improve the region's ability to prepare for, prevent, and respond to complex coordinated terrorist attacks in collaboration with the whole community. D. National Incident Management System (NIMS): This system will provide a consistent nationwide approach for federal, state, and local governments to work effectively and efficiently together to prepare 2 for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi -agency coordination systems; unified command and training. IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the City of Miami Fire -Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Coordinating with named counties and cities and with USDHS. C. Conducting a comprehensive Regional Gap Analysis, which will in turn guide the development of the regionwide full scale exercise. D. Ensuring the participation of the following critical players in the assessment process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health. E. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1". F. Ensuring satisfactory progress toward the goals or objectives stipulated in "Exhibit #1 ". G. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit #1". H. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the main liaison and partner with the City of Miami Fire -Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Participating Agencies and any sub -grantees must abide by the grant requirements including budget authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of assets as stipulated in "Exhibit #1". C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct purchases of equipment or services as stipulated in "Exhibit #1". 3 D. Complying with all CCTA Grant Program 2016 requirements as stipulated in "Exhibit #1 ". E. Participating as a member of the CCTA Grant Program to include coordinating with and assisting the City of Miami in conducting a comprehensive Regionwide Gap Analysis, which in turn will guide development of the Regionwide Full Scale Exercise. F. Ensuring the participation of the following critical players in the gap analysis development process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health. G. Assisting the sponsoring agency in development of a Regionwide Gap Analysis. H. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1". I. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit #1 ". J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in "Exhibit #1". VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the CCTA Grant Program will be administered solely by the Sponsoring Agency. B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in a timely fashion. The Sponsoring Agency will prepare consolidated reports for submission to the USDHS as stipulated in "Exhibit 1". C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel. D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28, Florida Statutes, and each party agrees to be fully responsible for the 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 municipality, 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. 4 E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency. VII. FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $300,000 or more of Federal funds during their fiscal year are required to submit an organization -wide financial and compliance audit report. The audit must be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and 2 CFR 200. B. The Secretary of Homeland Security and the Comptroller General of the United States shall have access to any books, documents, and records of recipients of CCTA Grant Program 2016 assistance for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland Security or the Comptroller General, these documents are related to the receipt or use of such assistance. The grantee will also give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. C. Financial Status Reports are due within 14 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 as stipulated in "Exhibit 1". D. Submit progress reports 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 as identified in "Exhibit 2". 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. 5 C. This Agreement may be terminated by either party on thirty (30) days written notice to the other party at the address furnished by the parties to one another to receive notices under this agreement or if no address is specified, to the address of the parties' signatory executing this contract. D. This Agreement shall be considered the full and complete agreement between the undersigned parties, and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except for any executory obligations that have not been fulfilled. E. This Agreement will end on September 30, 2019, unless otherwise extended, by a written amendment duly approved and executed prior to September 30, 2019, unless otherwise extended, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's ability to conform to procedures, training and equipment standards as prescribed by the grant. SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: BY: BY: Todd B. Hannon Emilio Gonzalez, Ph.D. City Clerk City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: BY: BY: Victoria Mendez Ann -Marie Sharpe, Director City Attorney Department of Risk Management 6 ATTEST: Name: Title: PARTICIPATING AGENCY "(sub -recipient)" BY: NAME: TITLE: FID #: DUNS: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney 7 a la partici s City of Coral Gables City of Miami Beach City of Hialeah City of Doral Town of Medley City of Miami Springs City of North Miami Beach City of Aventura Monroe County Miami -Dade County Florida International University City of Pembroke Pines City of Coral Springs City of Sunrise Town of Davie City of Hollywood Broward Sheriff's Office City of Ft. Lauderdale City of Palm Beach Gardens City of Riviera Beach City of Boynton Beach City of Delray Beach City of Boca Raton Palm Beach County Fire Palm Beach County Sheriff's Office Exhibit #1 Agreemoit Articto Fri Sep 01 00:00:00 GMT 2017 GRANTEE: PROGRAM: AGREEMENT NUMBER: Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES Preparing for Emerging Threats and Hazards City of Miami - Miami Fire Rescue Preparing for Emerging Threats and Hazards EMW-2016-GR-00097-S01 TABLE OF CONTENTS Information Regarding the Award Amount Award Kick -Off Meeting Use of DHS Seal, Logo and Flags Acceptance of Post Award Changes USA Patriot Act of 2001 SAFECOM Reporting Subawards and Executive Compensation Procurement of Recovered Materials Patents and Intellectual Property Rights Non -supplanting Requirement Lobbying Prohibitions Article XII r a) 2 0 0 L> ti) d. a) (r. 07 0 u. a) 7.) $i) 2920 Award Documents Article XIII Federal Leadership on Reducing Text Messaging while Driving E Article XIV Federal Debt Status Tr; Article XV False Claims Act and Program Fraud Civil Remedies t o t 4) I - Article XVI Debarment and Suspension 2 as c Article XVII Copyright S 6 0 0 Article XVIII Americans with Disabilities Act of 1990 Q r,:2 Article XIX Age Discrimination Act of 1975 4) :i:" = Article XX Activities Conducted Abroad E g Article XXI Acknowledgment of Federal Funding from IDHS o 0 1... a a. Article XXII DNS Specific Acknowledgements and Assurances a) 6,7 9, Article XXIII Assurances, Admin4 istrative Requirements, Cost Principles, E and Audit Requirements IY; al 2 Article XXIV Nondiscrimination In Matters Pertaining to Faith -based o. to Organizations r >. u. Article XXV Whistieblower Protection Act •ct 1:17. Article XXVI Universal Identifier and System of Award Management (SAM) c a) Article XXVI I Reporting of Matters Related to Recipient Integrity and Performance 71 0 0 . o. u, Article XXVIII Rehabilitation Act of 1973 4 in Article XXIX Trafficking Victims Protection Act of 2000 0 01 Article XXX Terrorist Financing o 4d c Article XXXI Notice of Funding Opportunity Requirements 0 Article XXXII National Environmental Policy Act 0 12 Article XXXII' ci Limited English Proficiency (Civil Rights Act of 1964, Title VI; c) ol a) Article XXXIV Hotel and Motel Fire Safety Act of 1990 N t (1) Article XXXV Energy Policy and Conservation Act 5 vz; V ‹C Article XXXVI Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Article XXXVII Duplication of Benefits -a Article XXXVIII Best Practices for Collection and Use of Personally Identifiable Information (PII) Article XXXIX Drug -Free Workplace Regulations 1. 4-•0 Article XL Civil Rights Act of 1964 - Title VI g E = Article XLI Disposition of Equipment Acquired Under the Federal Award z E Article XLII Prior Approval for Modification of Approved Budget (,) 8 pa Article XLIII Buy American and Hire American 0- 2 ta. Article XLIV Civil Rights Act of 1968 ..2 E 2 Article XLV Hold on Specific Funds Pending Revised Work Plan and o) 2 Budget ix tg) Article I - Information Regarding the Award Amount This award package represents FEMA's offer of federal assistance in response to the information which you submitted in your 't application. Because the applications FEMA received requested funding which exceeded what Congress appropriated, FEW it has in some cases offered awards in an amount less than the applicant applied for. To ensure that recipients expend funidng which most effectively achieves the goals and purposes of the program, additional Information will be required prior to release g of funds. See the additional Term and Condition in this package for additional information regarding utilizing the awarded funding. a) Recipients are required to have a representative attend the CCTA Program's Award Kick -Off Meeting. The purpose of this meeting is to discuss CCTA Program requirements and meet with representatives from the CCTA Program Office and designated FEMA Regional Offices' CCTA Program points of contact. The Program Office will fund Invitational travel for two Individuals to attend from the recipient's jurisdiction. Meeting date and details are forthcoming and will be sent to the recipient's designated representatives in the near future. Cs! Article III Use of DHS Seal, Logo and Flags Ali recipients must obtain permission from their financial assistance office, prior to using the DHS seal(s), logos, crests or a reproductions of flags or likenesses of DHS agency officials, Including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article IV Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has-b-eefematteranteueseetuer+r-etieet-foi-fund$-wilHndleate-reelpient-ereeeptenee-ef-the-ehenges-te-thelward, 41 Please call the FEMNGMD Call Center at (866) 927-6646 or via e-mall to A_SK-GMDacilmgov if you have any questions. Article V USA Patriot Act of 2001 Article II Award kick.Off Meeting All recipients must comply with requirements of the Oniting an.0.13.tengtgorg.Anigita. bY.erOWcling iNipeepriete.rogie Be,ggirect., Le Jaffee pLanel...Q.OVrgaiermr.1$m.Ac,i.(.. U$A.P.A.Iali),I.Ast), which amends 1.D .LL.S.,.C,...eeetierie. Article VI SAFECOM Alt recipients who receive awards made under programs that provide emergency communication equipment and its related 1.2 activities must comply with the ,M„E.QM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 10,5 Article Reporting Subawards arid Executive Compensation All recipients are required to comply with the requirements set forth in the government -wide Award Term on Reporting Subawards arid Executive Compensation located at Z...Q.,E.,.13,...Eactil.Q.AP.mos&A the full text of which is incorporated here by reference in the terms and conditions of your award. Article VIII - Procurement of Recovered Materials (1) 22 E All recipients must comply with Section 6002 of the Solist.Westo..DiepeeeetAel, as amended by the liesourgeLoneery a ti on an. Reemerykt. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental o Protection Agency (EPA) at 41) ,,,E,f12,311241 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. r2. _(1) Article IX - Patents and Intellectual Property Rights 2 Unless otherwise provided by law, recipients are subject to the 13 .,y,h-Dole Acteegbele„Bee....96:5.11, as amended, and codified in ant,5,,Q, sectien,,20Q et seq, Alt recipients are subject to the specific requirements governing the development, reporting, and dieposition of rights to inventions and patents resulting from financial assistance awards located at au. E,B,Part 401 an< 2 the standard patent rights clause located at 37 C,F,R, section 401,14, tc Article X - Non -supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Article Xi - Lobbying Prohibitions All recipients must compiy with 31,12 geqtloal),(52, which providethat none of the funds provided under en award may be expended by the recipient to pay any person to influence, or attempt to influence en officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Article XII Fly America Act of 1974 All recipients most comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificateunder 4932,a,Q, aedismALL02) for International air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1074 Nolo 40,118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, aractmat to Comptroller General Decision B-138942. Article XIII - Federal Leadership on Reducing Text Messaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in ,1_35,13, Including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. Article XIV - Federal Debt Status ›- IL 2920 Award Documents (2920 Est. Special Revenue Pro)._ All recipients are required to be non -delinquent in their repaymenf of any Federal debt. Examples of relevant debt include c delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See QMILareerierA429. E 4 c.) Article XV - False Claims Act and Program Fraud Civil Remedies g 4 Ail recipients must comply with the requirements of el, te.S .................. eNete 3733 which prohibits the submission of felse or fraudulent claims for payment to the Federal Government, see eleee.eece_eeeteert :,teeeleeeel e which details the administrative remedies for false claims and statements made, +0 In ' t Article XVI - Debarment and Suspension • 2 I — All recipients are subject to the nor -procurement debarment and suspension regulations implementing Executive Orders •ti .1.25.4.9, and 12,68...9... and 2 Ce.r.R poop 1.80. These regulations restrict awards, subawards, and contracts with certain parties 0 4-, el that are debarred, suspended, or otherwise excluded from or Ineligible for participation in federal assistance programs or activities. F. o o Article XVII . Copyright (“) All recipients must affix the applicable copyright notices of „17e.ka.s.eetioeveceleer 02 and an acknowledgement of ce Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, w e Article XVIII - Americans with Disabilities Act of 1990 z E E All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits o te recipients from discrimineling on the basis of disability in the operation of public entities, public and private transportation ce L. systems, places of public accommodation, and certain testing entities. (.42.1).3.,.C..,...mttana.,1210 1.:122.1u cc 0.. iL) Article XIX - Age Discrimination Act of 1975 a, 42 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (rug 42..U3,,,,aosjAmotioniNtal E 5L.I.q.,,), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. ei L. o) Article XX - Activities Conducted Abroad 9. a. to All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained, Article XXI - Acknowledgment of Federal Funding from DHS 16: a. All recipients must acknowledge their use of federal funding when Issuing statements, press releases, requests for proposals, g bid Invitations, and other documents describing projects or programs funded In whole or In part with Federal funds, g 4) e Article XXII - DHS Specific Acknowledgements and Assurances ce 75 All recipients-, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable 0 e provisions governing DHS access to records, accounts, documents, information, facilities, and staff, a. to 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. ei 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and 0 sources of information related to the award and permit access to facilities, personnel, and other individuals and information as - re may be necessary, as required by OHS regulations and other applicable laws or program guidance. o 3, Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate Cs4 backup documentation to support the reports. e 4-. 4, Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law c or detailed In program guidance. . E 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national e origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a Ilst rz of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DRS financial 17 assistance office and the DHS Office of Cimil.R.Ighis arid iyil Libertio (CRCL) by e-mail at ril'il.gra or by mail at U.S. a) Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mall Stop #0190 Washington, D.G. .tt 20528. cT4 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, nationaf origin ri (incloding limited Fngliete prnficipncy), AAW, ar dieeihilityieraligioier-familial-stattie-ageetestetheereelpiereteerethe-reeijeleet-----r—., settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS g financial assistance office and the CRCL office by e-mall or mall at the addresses listed above. E .z The United States has the right to seek judicial enforcement of these obligations. o Article XXIII - Assurances, Administrative Requirements, Cost Principles, and Audit Requirements DHS financial assistance recipients must complete either the OMB Standard Form 11243, ,..Ass traooe4.-,,.N,p.rinConstruellaa. Frog.rants.,..or.OI,1B,.. t i�51_..Cd....nrm.,4.2 ;L'7...A.ss.s1ranr,es,- Cons tructio .PrQgrar ..sa.spoljeabje. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office may require applicants to certify i additional assurances. Applicants are required to fill out the assurances applicable to their program as Instructed by the awarding agency. Please contact the financial assistance office if you have any questions. a) DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2.„.,F;,R,,Ptit2i Q, and adopted by w DHS at 2..„f. , :_.f art..J 2. ar . ti Article XXIV - Nondiscrimination In Matters Pertaining to Faith -based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations In social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social N services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6. C.F,R,, pa,rt..12 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual OHS programs, Article XXV - Whistleblower Protection Act All recipients must comply with the statutory requirements for whistlebfower protections (if applicable) at la U.,5,.Q se, tion 2.�' , 41 U.S.C, 4712, and :11/..Vol Q.,.secitien.2..2. , L.1_U.,.. ,..sections 43124 and CID. a Article XXVI - Universal identifier and System of Award Management (SAM) All recipients are required to comply with the requirements set forth in the government -wide Award Term regarding the Systerr E for Award Management and Universal Identifier Requirements located at 2 Cwf ,Ft,, .P rt 25, 6p. sendix�A, the full text of which Is r Incorporated here by reference in the terms and conditions of your award. Article XXViI • Reporting of Matters Related to Recipient Integrity and Performance If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and a. Performance Matters located at 2„..,. ,,E;;.,,ps,ri2pa Apseadix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. Article XXVIIi • Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 2.9 t„►,, ,.O.6„serfietl„794., as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the (i) handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. to Article XXIX • Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended (2L.�.1_3, a„,geotionloW4), The award term is located at 2 .0 I .,socilon ,7 , I„ , the full text of which is incorporated here by reference in the terms and conditions of your award, Article XXX - Terrorist Financing All recipients must comply with CEO,_ 132.24 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. Article XXXI • Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this 2 program are incorporated here by reference in the terns and conditions of your award, All recipients must comply with any .§ such requirements set forth in the program NOFO. Article XXXII • National Environmental Policy Act All recipients must comply with the requirements of the Nee.tenet Envirprnceel,..Poliey,AetAERA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use ail practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist In productive harmony and fulfill the social, economic, and ti other needs of present and future generations of Americans, 1— Article XXXII! • Limited English Proficiency (Civil Rights Act of 1964, Title VI) All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S,Q.esection 20.0.00 et sece), which provides that no person in the United States will, an the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. DI -IS implementing regulations for the Act are found at 8 C.F. R., Part 21 and 44CLF.R, Part Z. 1.4 All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance 3 and Information regarding language aocess obligations, please refer to the DHS Recipient Guidance lettpa;llweeksibge,gevl eilida0c.o.Publigtb-gletlaa&VOILM-aateasIPMEtelitS)SeatliZati.Q0EeprsIvi‘leepeaningfal,7,8eetessepeepie-.11eltesi and additional resources on httpSWataY11114lev„ 7, Article XXXIV - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, ,:141,10,,,LI.,,e0011011.2.225a, all recipients must ensure that all conference, meeting, convention, or training space funded In whole or in part with Federal funds compiles with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, Libl .U.aLeeeetie.0-222.5. Article XXXV - Energy Policy and Conservation Act 49, All recipients must comply with the requirements of 42UaL, sect1oc.021 which contain policies relating to energy efficiency le that are defined in the state energy conservation plan issued In compliance with this Act, Article XXXVI Education Amendments of 1972 (Equal Opportunity In Education Act) • Title IX All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (211),„$.Ce,,,„secterel.01 cog), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance, DHS implementing regulations are codified at C,E,latEartIZ. and 44, C',„F.R. Pert 1.9 Article XXXVII Duplication of Benefits Any cost allocable to a particular Federal award provided for in 2. 0,F&Eart VQtparLE may riot be charged to other ce Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a recipient form shifting 7.3 a) costs that are allowable under two or more Federal awards In accordance with existing Federal statutes, regulations, or the o. terms and conditions of the Federal award. tn Article )(XXVIII Best Practices for Collection and Use of Personally Identifiable Information (PII) 4 4 DHS defines personally identifiable information (PII) as any information that permits the identity of en individual to be directly en or indirectly inferred, including any information that Is linked or linkable to that Individual. All recipients who collect Pll are required to have a publically-avallable privacy policy that describes standards on the usage and maintenance of Pli they collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Priyaey_Guidenge and ErivKagnaplate, respectively, Article XXXIX - Drug -Free Workplace Regulations All recipients must comply with the Drug -Free workplace Act of 1988 (4 1.1.L.5 lagtigt]..7111...01AK.) which requires ail organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. DHS has adopted the Act's 44 implementing regulations at 2 Q.F.R Part 3001 CD Article XL • Civil Rights Act of 1_964 • Ti&-V1- 5 Article XLI - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub -recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request ' instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C,F,R, Section 200,313,6. H Article XLII - Prior Approval for IMtlodification of Approved Budget ro Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from E DHS/FEMA where required by 2 C.F,R. Section 200.308. For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from o OHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total U budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval, z Article XLIII » Buy American and Hire American All recipients are required to comply with any applicable provisions of the Buy American Act (41 U.S.C. Sections 8301 through t i 8305), and any other applicable statutes, regulations, or rules that require, or provide a preference for, the purchase or d) acquisition of goods, products, or materials produced in the United States. Article XLIV » Civil Rights Act of 1968 0 All recipients must comply with ,:T;it;t# VillsorLhe Civil Right ,41aLpt 19 1, which prohibits recipients from discriminating In ra the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis , of race, color, national origin, religion, disability, familial status, and sex Oa,.Lui,,C,,..8ac ions . 6_01 et, seq,), as implemented 2 by the Department of Housing and Urban Development at 24 Q.FR, Pad 't_L.p. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units i.e., the public and common use areas r and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) be >- designed and constructed with certain accessible features (See 24:,E,,R.,eectlen..10_0.:.a1.)• .a Article XLV » Hold on Specific Funds Pending Revised Work Plan and Budget The City of Miami, Miami Fire and Rescue is prohibited from obligating, expending, or drawing down the federal funds identified In this Article until the following requirements are met by the recipient and this condition is subsequently rescinded > by FEMA: Funds in the amount of $723,260.00, budgeted for the CCTA Program project activities, are on hold pending submission of a detailed costs breakdown and justifications by the recipient, and a review and approval of those justifications " ORM by FEMA. 0. BUDGE'i COST CATEGORIES Personnel $0.00 Csi Fringe Benefits $0.00 to m Travel $0.00 J Equipment $0,00 Supplies $0.00 <i Contractual $0.00 g c 0 Construction $0,00 Indirect Charges 't $0.00 't Other $723,260,00 Attachment Obligating Document for Award/Amendment Ia. AGREEMENT NT NO. 2. AMENDN.I NT NO, 3. p;1r[W I6-LGR-0(JO')7..Si)1 RECIPIENT NO, 5960003 75 6. RECIPIENT N.AME AND ADDRESS City of Miami - i\.liami Fire Rescue 444 SW 2nd Avenue, 5th Floor Miami, FL, 33130 - 9. NAME OF RECIPIENT PROJECT OFFICER Lillian 131onclet [ 1.. EFFECTIVE DATE OF THIS .ACTION 09.01'2017 7. ISSUING FEMA OFFICE AND ADDRESS Grant Operations 2-I5 Murray Lane - Building 410, SW Washington DC, 20528.7000 POC: 866-92 7.5646 PHONE N0. 305.416-1536 12. METHOD OF PAYMENT PARS 4. TYI'E OF ACTION AWARD 5. CONTROL. NO. W 1509220726N 8. PAYMENT OFFICE AND ADDRESS Financial Services Branch 500 C Street. S.W., Room 72.3 Washington DC. 20472 10. NAME OF FEMA PROSECT COORDINATOR. Central Scheduling and Information Desk Phone: 800.368-6498 lamni[: Askcsid4 dhs.gov 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD Cost .Reimbursement 15. DESCRIPTION OF ACTION a. (indicate finding data for awards or Financial changes) PROGRAM (*FDA NO, NAME ACROi'4Y1'l Preparing for Emerging Threats and Hazards ACCOUNTING DATA (AC CS CODE) xxxx-xx.:'<-x xxxxx» xx:xxx.xx xx.xx xx-x PRIOR TOTAL AWARD AMOUNT AWARDED THIS ACTION 1. OR (-) Front: 09/01/2017 Budget Period 09/01/2017 To: 08/31/2020 08/31 /2020 CURRENT CUMULATIVE NON - TOTAL FEDERAL COMMITMENT AWARD 97.133 2017-V6-B I [4-P120_ -4101- $0.00 5723,260,00 5723,260.00 See Totals D TOTALS $0,00 $723,260,00 $723,260,00AWin 50.00 b. To describe changes other than funding data or financial change, attach schedule and check here. N/A 16 a. FOR NON-D[SASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEv(.\ (See Block 7 for address) Preparing for Emerging Threats and Hazards recipients are not required to sign and return copies of this docu mint. However, recipients should print and keep a copy of this document for their records. I6b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SION This assistance is subject to terms and conditions attached to this award notice or by incorporated reference hi program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE ' *Please see City of Miami signature page (Block 17a) 13. FEMA SIGNATORY OFFICIAL (Name and Title) DEI3OR.AI-f SUSAN PRICE SCOTT . Assistance Officer DATE Thu Aug 31 20: 13:49 GMT 2017 SODUhea FlortUa 2010, Miami -Dade County Coral Gables PD Coral Gables FR Miami Beach PD Miami Beach FR Hialeah PD Doral PD Medley PD Miami Springs PD N. Miami Beach PD Aventura PD Monroe SO Miami -Dade FR Miami -Dade FR (RRobin) Miami -Dade PD (Fusion) Miami -Dade PD (Manpower) Miami -Dade PD (RDSTF) Miami -Dade PD (Plans/Log) Miami -Dade PD (RRobin) Miami -Dade PD (5 Drivers) Miami FR Miami PD (RRobinx2) FIU (RRobin) TOTAL Broward County $ 9,900.00 $ 7,500.00 $ 9,900.00 $ 7,500.00 $ 9,900.00 $ 4,500.00 $ 2,700.00 $ 2,700.00 $ 5,400.00 $ 4,500.00 $ 4,125.00 $ 7,500.00 $ 9,000.00 $ 2,700.00 $15,000.00 $27,000.00 $ 9,000.00 $ 9,000.00 $ 4,500.00 $ 7,500.00 $18,000.00 $ 9,000.00 $186,825.00 Pembroke Pines PD $ 9,900.00 Pembroke Pines PD (RRobin) $ 9,000.00 Pembroke Pines FR $ 7,500.00 Coral Springs PD $ 9,900.00 Sunrise PD $ 9,900.00 Sunrise PD (RRobin) $ 9,000.00 Davie PD $ 9,900.00 Davie PD (RRobin) $ 9,000.00 Davie FR $ 7,500.00 Hollywood PD $ 9,900.00 Hollywood PD (RRobin) $ 9,000.00 Broward SO-FR $ 7,500.00 Broward SO (Manpower) $15,000.00 Broward SO (Plans/Log) $ 9,000.00 Broward SO (5 Drivers) $ 4,500.00 Ft. Lauderdale FR $ 7,500.00 Ft. Lauderdale PD (RRobin) $ 9,000.00 TOTAL $153,000.00 ercis Exhibit #2 SHIELIV% Southeaz Palm Beach County n for Palm Beach Gardens PD $ 9,900.00 Palm Beach Gardens PD (RRob ) $ 9,000.00 Riviera Beach PD $ 9,900.00 Riviera Beach PD (RRobin) $ 9,000.00 Riviera Beach FR $15,000.00 Boynton Beach PD $ 9,900.00 Boynton Beach PD (RRobin) $ 9,000.00 Delray Beach PD $ 9,900.00 Delray Beach PD (RRobin) $ 9,000.00 Boca Raton PD $ 9,900.00 Boca Raton PD (RRobin) $ 9,000.00 Palm Beach County FR $15,000.00 Palm Beach SO (Fusion) $ 2,700.00 Palm Beach SO (Manpower) $15,000.00 Palm Beach SO (Plans/Log) $ 9,000.00 Palm Beach SO (5 Drivers) $ 4,500.00 TOTAL $155,700.00 Summary: Miami -Dade $186,825.00 Broward $153,000.00 Palm Beach $155,700.00 $495,525.00 Exercise Budget Allocation: $498,750.00 Estimated Exercise Costs $495,525.00 Remaining Balance $ 3,225.00