HomeMy WebLinkAboutExhibitAgreement Number: R0924
FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.1 states that a "subaward may be provided through any form of legal agreement, including an
agreement that the pass -through entity considers a contract."
As defined by 2 C.F.R. §200.1, "pass -through entity" means "a non -Federal entity that provides a subaward to a
Sub -Recipient to carry out part of a Federal program."
As defined by 2 C.F.R. §200.1, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a
pass -through entity to carry out part of a Federal award."
As defined by 2 C.F.R. §200.1, "Federal award" means "Federal financial assistance that a non -Federal entity
receives directly from a Federal awarding agency or indirectly from a pass -through entity."
As defined by 2 C.F,R. §200.1, "subaward" means "an award provided by a pass -through entity to a Sub -
Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass -through entity."
The following information is provided pursuant to 2 C.F.R. § 200.332:
Sub -Recipient's name:
Sub -Recipients unique entity identifier:
Federal Award Identification Number (FAIN):
Federal Award Date:
Subaward Period of Performance Start and End Date:
Budget Period Start and End Date:
Amount of Federal Funds Obligated by this Agreement:
Total Amount of Federal Funds Obligated to the Sub -Recipient
by the pass -through entity to include this Agreement:
Total Amount of the Federal Award committed to the Sub -Recipient
by the pass -through entity:
Federal award project description (see FFATA):
Name of Federal awarding agency:
Name of pass -through entity:
Contact information for the pass -through entity:
Assistance Listings Number and Title
Whether the award is R&D:
Indirect cost rate for the Federal award:
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City of Miami Fire Rescue
072220791
EM W-2023-SS-00056-S01
9/1/2023 - 08/31/2026
DOE - 09/30//2025
9/1/2023 -08/31/2026
513,802,313.00
$50,811,846.00
$13.802,313.00
See Article 1, Agreement Articles
Dept. of Homeland Security
FL. Division of Emergency Mgmt.
Kevin Guthrie, Executive Director
2555 Shumard Oak Boulevard
Tallahassee, Florida 3239$
97.067-Homeland Security
Grant Program
N/A
31.90%
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 Miami Fire
Rescue, (hereinafter referred to as the "Sub -Recipient").
For the purposes of this Agreement, the Division serves as the pass -through entity for a federal
award, and the Sub -Recipient serves as the recipient of a subaward,
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds
to provide the services identified herein;
B. The State of Florida received these grant funds from the Federal Government, and the
Division has the authority to subgrant these funds to the Sub•Recipient upon the terms and conditions
outlined below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Sub -Recipient agree to the following:
(1) APPLICATION OF STATE LAW TO THIS AGREEMENT
2 C.F.R. § 200,302(a) provides: "Each state must expend and account for the Federal
award in accordance with state laws and procedures for expending and accounting for the state's own
funds..." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state
assistance," applies to this Agreement.
(2) LAWS. RULES, REGULATIONS AND POLICIES
a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part
200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards."
b. As required by Section 215,971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Sub -Recipient is required to perform,
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub -
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Sub -Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period,.
v. A provision specifying that any balance of unobilgated funds which has been
advanced or paid must be refunded to the Division.
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vi. A provision specifying that any funds paid in excess of the amount to which
the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by
all applicable State of Florida and Federal laws, rules and regulations, including those identified in
Attachment D. Any express reference in this Agreement to a particular statute, rule, or regulation in no
way implies that no other statute, rule, or regulation applies.
(3) CONTACT
a. In accordance with section 215.971(2)(a)1, Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Sub -Recipient. The Grant Manager for the Division shall:
i. Monitor and document Sub -Recipient performance; and,
ii. Review and document all deliverables for which the Sub -Recipient requests
payment,
b. The Division's Grant Manager for this Agreement is:
Chanda Jenkins
2555 Shumard Oak Boulevard
Tallahassee, Florida
Telephone: 8 50 - 815-43 42
Email: Chanda.Jenkins@em.mvflorida.com
c. The name and address of the Representative of the Sub -Recipient responsible for
the administration of this Agreement is:
Asst. Fire Chief Adrian Plasencia
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130
Telephone: 305-416-5402
Fax: 305-416-4665
Email: Aplasencia@miamigoy.com
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title, and address of the new representative shall
be provided to the other party.
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
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(5) EXECUTION
This Agreement may be executed in counterparts, each of which shall be an original and
all of which shall constitute but one and the same instrument. This Agreement shall be signed by the
Sub -Recipient and returned to the Division for execution no later than forty-five (45) days following initial
notification of receipt. Failure to return the signed agreement by the deadline may result in termination of
the grant award.
(6) MODIFICATION
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.
Subrecipients may initiate a one-time extension of the period of performance by up to six
(6) months unless one or more of the conditions outlined in (i) through (ill) of this section apply. For one-
time extensions, the subrecipient shall notify the Division in writing with the supporting reasons and
revised period of performance at least one hundred eighty (180) calendar days before the end of the
period of performance. This one-time extension shall not be exercised merely for the purpose of spending
down the award balance. Extensions require explicit prior Division approval when:
(i) The terms and conditions of the federal award prohibit the extension.
(ii) The extension requires additional federal funds.
(iii) The extension involves any change in the approved objectives or scope of the project.
(7) SCOPE OF WORK.
The Sub -Recipient shall perform the work in accordance with the Budget and Scope of
Work, Attachments A and B of this Agreement.
(8) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end September
30, 2025 unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement.
Consistent with the definition of "period of performance" contained in 2 C.F.R. § 200,1, the term "period of
agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the
work authorized under" this Agreement, In accordance with 2 C.F.R. § 200,1, the Sub -Recipient may
receive reimbursement under this Agreement only for "allowable costs incurred during the period of
performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend
funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during"
the period of agreement.
(9) FUNDING
a, This is a cost -reimbursement agreement, subject to the availability of funds.
b. 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 either Chapter 216, Florida Statutes, or the Florida Constitution.
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c. The Division shall reimburse the Sub -Recipient only for allowable costs incurred by
the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement
amount for each deliverable is outlined in Attachment A and B of this Agreement ("Budget and Scope of
Work"). The maximum reimbursement amount for the entirety of this Agreement is $13,802,313.00,
d, As required by 2 C.F.R. § 200,415(a), any request for payment under this Agreement
shall include a certification, §ianed.by an.official who is authorized to legally bind the Sub -Recipient,
which reads as follows: "By signing this report, I certify to the best any knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
e. The Division shall review any request for reimbursement by comparing the
documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment B,
that clearly delineates:
i. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
f. The performance measure required by section 215.971(1)(b), Florida Statutes,
remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. § 200.1 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §
200.329, that the Division and the Sub -Recipient "relate financial data to performance goals and
objectives of the Federal award.'
g. If authorized by the federal awarding agency, then the Division shall reimburse the
Sub -Recipient for overtime expenses in accordance with 2 C.F.R. § 200.430 ("Compensation —personal
services") and 2 C.F.R. § 200,431 ("Compensation --fringe benefits"). If the Sub -Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §
207(e)(2)), then the Division shall treat the expense es a fringe benefit, 2 C.F.R. § 200,431(a) defines
fringe benefits as "allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an
established policy of the Sub -Recipient. 2 C.F.R. § 200.431(b) provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of authorized absences from the job,
such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
i. They are provided under established written leave policies;
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ii. The costs are equitably allocated to all related activities, including federal
awards; and,
iii. The accounting basis (cash or accrual) selected for costing each type of
leave is consistently followed by the non-federal entity or specified grouping of employees.
h. If authorized by the federal awarding agency, then the Division shall reimburse the
Sub -Recipient for travel expenses in accordance with 2 C.F.R, § 200.475, Reimbursement for travel shall
be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the
approved state travel voucher. If the Sub -Recipient seeks reimbursement for travel costs that exceed the
amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for
dinner), then the Sub -Recipient shall provide documentation that:
I, The costs are reasonable and do not exceed charges normally allowed by
the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and,
ii. Participation of the individual in the travel is necessary to the Federal award,
i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report shall identify any funds paid in excess of the
expenditures incurred by the Sub -Recipient.
j. As defined by 2 C.F.R. § 200.1, the term "improper payment" means or includes:
i. Any payment that should not have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any payment for an ineligible good or
service, any duplicate payment, any payment for a good or service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation prevents a reviewer from
discerning whether a payment was proper,
k. Any advance payment under this Agreement is subject to section 216.181(16),
Florida Statutes. All advances are required to be held in an interest -bearing account and may not exceed
fifty percent of the grant award. If an advance payment is requested, an estimated expense table and
justification statement shall be included with this Agreement as indicated in Attachment E, Justification of
Advance Payment. Attachment E shall specify the amount of advance disbursement requested and
provide an explanation of the necessity for and proposed use of the funds,
(10)RECORDS
a. As required by 2 C.F.R. § 200.337, the federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are
pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right
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of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of
interview and discussion related to such documents. Finally, the right of access is not limited to the
required retention period but lasts as long as the records are retained.
b. As required by sections 20,055(6)(c) and 215.97(5)(b), Florida Statutes, the Division,
the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized
representatives, shall enjoy the right of access to any documents, financial statements, papers, or other
records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits,
examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access
to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents.
c. As required by 2 C.F,R. § 200.334, the Sub -Recipient shall retain sufficient records to
show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or
consultants paid from funds under this Agreement for a period of three (3) years from the date of
submission of the final expenditure report. The following are the only exceptions to the three (3) year
requirement: Financial records, supporting documents, statistical records, and all other non-federal entity
records pertinent to a federal award shall be retained for a period of three (3) years from the date of
submission of the final expenditure report or, for federal awards that are renewed quarterly or annually,
from the date of the submission of the quarterly or annual financial report, respectively, as reported to the
federal awarding agency or pass -through entity in the case of a Sub -Recipient. federal awarding agencies
and pass -through entities shall not impose any other record retention requirements upon non-federal
entities.
1. If any litigation, claim, or audit is started before the expiration of the three (3) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved and final action taken.
ii, When the non-federal entity is notified in writing by the federal awarding agency, cognizant
agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through
entity to extend the retention period.
ill. Records for real property and equipment acquired with federal funds shall be retained for three
(3) years after final disposition.
iv, When records are transferred to or maintained by the federal awarding agency or pass -through
entity, the three (3) year retention requirement is not applicable to the non-federal entity.
v. Records for program income transactions after the period of performance. In some cases,
recipients shall report program income after the period of performance. Where there is such a
requirement, the retention period for the records pertaining to the earning of the program income
starts from the end of the non-federal entity's fiscal year in which the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following
types of documents and their supporting records: Indirect cost rate computations or proposals,
cost allocation plans, and any similar accounting computations of the rate at which a particular
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group of costs is chargeable (such as computer usage chargeback rates or composite fringe
benefit rates).
1. If submitted for negotiation. If the proposal, plan, or other computation is required to be
submitted to the federal Government (or to the pass -through entity) to form the basis for
negotiation of the rate, then the three (3) year retention period for its supporting records
starts from the date of such submission,
2. If not submitted for negotiation. If the proposal, plan, or other computation is not required
to be submitted to the federal Government (or to the pass -through entity) for negotiation
purposes, then the three (3) year retention period for the proposal, plan, or computation
and its supporting records starts from the end of the fiscal year (or other accounting
period) covered by the proposal, plan, or other computation.
d. In accordance with 2 C.F.R. § 200.335, the federal awarding agency shall request
transfer of certain records to its Custody from the Division or the Sub -Recipient when it determines that
the records possess long-term retention value. However, in order to avoid duplicate recordkeeping, the
federal awarding agency may make arrangements for the non-federal entity to retain any records that are
continuously needed for joint use.
e, In accordance with 2 C.F.R. § 200.336, the Division shall always provide or accept
paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies
are submitted, then the Division shall not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
f. As required by 2 C.F.R. § 200.303(e), the Sub -Recipient shall take reasonable
measures to safeguard protected personally identifiable information and other information the federal
awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive
consistent with applicable federal, state, local, and tribal laws regarding privacy and obligations of
confidentiality.
g. Section 286.011, Florida Statutes (Florida's Government in the Sunshine Law),
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) meetings of public boards or commissions shall be open to the public; (2)
reasonable notice of such meetings shall be given; and (3) minutes of the meetings shall be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, Section 286.011,
Florida Statutes (Florida's Government in the Sunshine Law), also applies to private entities that provide
services to governmental agencies and that act on behalf of those agencies in the agencies' performance
of their public duties. If a public agency delegates the performance of its public purpose to a private
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entity, then, to the extent that private entity is performing that public purpose, Section 286,011, Florida
Statutes, the Government in the Sunshine Law applies. For example, if a volunteer fire department
provides firefighting services to a governmental entity and uses facilities and equipment purchased with
public funds, then Section 286.011, Florida Statutes, (Government in the Sunshine Law) applies to board
of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine
Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of
the Sub -Recipient's governing board or the meetings of any subcommittee making recommendations to
the governing board may be subject to open government requirements. 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, Florida Statutes.
h, Chapter 119, Florida Statutes (Florida's Public Records Law), provides a right of
access to the records of the state and local governments as well as to private entities acting on their
behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received
by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with
official business which are used to perpetuate, communicate, or formalize knowledge qualify as public
records subject to public inspection. The mere receipt of public funds by a private entity, standing alone,
is insufficient to bring that entity within the ambit of the public record requirements, However, when a
public entity delegates a public function to a private entity, the records generated by the private entity's
performance of that duty become public records. Thus, the nature and scope of the services provided by
a private entity determine whether that entity is acting on behalf of a public agency and is therefore
subject to the requirements of chapter 119, Florida Statutes.
i. The Sub -Recipient shall maintain all records for the Sub -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 Program Budget and Scope of Work - Attachment A and B - and all other applicable
laws and regulations.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT: (850) 815-7671, Records@em.myflorida.com, or 2555 Shumard Oak
Boulevard, Tallahassee, FL 32399.
(11)AUDITS
a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §
9
200,1, GAAP "has the meaning specified in accounting standards issued by the Government Accounting
Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub -Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"), As defined by 2
C.F.R. § 200.1, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty (30) days after the Division has notified the Sub -Recipient of such non-
compliance.
e. The Sub -Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(i), Florida Statutes, as an independent certified public accountant licensed
under chapter 473." The independent auditor shall state that the audit complied with the applicable
provisions noted above. The audit shall be received by the Division no later than nine (9) months from
the end of the Sub -Recipient's fiscal year.
f. The Sub -Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following
address:
DEMSingleAudit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC
to the Federal Audit Clearinghouse by submission online at:
https://facides.census.00v
h. The Sub -Recipient shall send any management letter issued by the auditor to the
Division at the following address:
DBM S i ngleAuditeem. mvflorida. com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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(12)REPORTS
a Consistent with 2 G.F.R. § 200.328, the Sub -Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Sub -Recipient and all subcontractors in completing the work described in Attachment B-Scope of
Work and the expenditure of funds under this Agreement, in addition to any other information requested
by the Division.
b. Quarterly reports are due to the Division no later than thirty (30) days after the end of
each quarter of the program year and shall be sent each quarter until submission of the 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 sixty (60) days after termination of this Agreement or
thirty (30) days after completion of the activities contained in this Agreement, whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, then the Division may withhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division"
means that the work product was completed in accordance with Attachments A and B of this Agreement.
e. The Sub -Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub -Recipient shall provide additional reports and information identified in
Attachment B.
(13)MONITORING.
a. Consistent with 2 G.F.R. § 200.328 the Sub -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
B to this Agreement and reported in the quarterly report,
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, On -site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is
appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division
to the Sub -Recipient regarding such audit. The Sub -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 shall monitor the performance and financial
management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks.
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(14)LIABILITY
a. Unless Sub -Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient 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, Sub -Recipient agrees that it is not
an employee or agent of the Division but is an independent contractor,
b, As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its neg►igent 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 to the
extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in
any matter arising out of any contract.
c. As defined in section 200.310 Insurance Coverage: The non-federal entity
shall, at a minimum, provide the equivalent insurance coverage for real property and equipment
acquired or improved with federal funds as provided to property owned by the non-federal entity.
Federally owned property need not be insured unless required by the terms and conditions of the
federal award.
(15)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 terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16); 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 if:
a. Any warranty or representation made by the Sub -Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub -
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. Material adverse changes occur in the financial condition of the Sub -Recipient at any
time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within
thirty (30) days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete, or insufficient information; or,
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d. The Sub -Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16)REMEDIES
If an Event of Default occurs, then the Division shall, after thirty (30) calendar days
written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30)
days, exercise any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30)
days prior written notice of the termination, The notice shall be effective when placed in the United
States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the
address in paragraph (3) 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;
d. Require that the Sub -Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. Request additional information from the Sub -Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
H. issue a written warning to advise that more serious measures may be taken
if the situation is not corrected,
iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub -Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. The Division may Administratively close an Agreement. The Division may use the
administrative close-out process when a Sub -Recipient is not responsive to
reasonable efforts to collect required reports needed to complete the standard close-
out process. The Division shall make three (3) written attempts to collect required
reports before initiating administrative close-out. In addition, if an agreement is
administratively closed, the Division may decide to impose remedies for
noncompliance per 2 C.F.R. § 200.339, consider this information in reviewing future
award applications, or apply special conditions to existing or future awards, If the
Division needs to administratively close an agreement, this may negatively impact a
Sub -Recipient's ability to obtain future funding; and
g. Exercise any other rights or remedies which may be available under law,
Pursuing any of the above remedies shall not stop the Division from pursuing any
other remedies in this Agreement or provided at law or in equity. If the Division waives
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any right or remedy in this Agreement or fails to insist on strict performance by the
Sub -Recipient, it shall 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 Sub -Recipient.
(17)TERMINATION
a The Division may terminate this Agreement for cause after thirty days (30) 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 Sub -Recipient to permit public access to any
document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes, as
amended.
b. The Division may terminate this Agreement for cause after rejecting an appeal
submitted due to noncompliance, nonactivity, and/or a lack of expenditures for four (4) consecutive
quarterly reporting periods.
c. 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 Sub -Recipient with thirty (30) calendar days prior written
notice.
d. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment shall state the effective date of the
termination and the procedures for proper closeout of the Agreement.
e. In the event that this Agreement is terminated, the Sub -Recipient shall not incur new
obligations for the terminated portion of the Agreement after the Sub -Recipient has received the
notification of termination. The Sub -Recipient shall cancel as many outstanding obligations as possible.
Costs Incurred after receipt of the termination notice shall be disallowed. The Sub -Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub -Recipient is determined.
(18)PROCUREMENT
a. The Sub -Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§
200,318 through 200.327 as well as Appendix Il to 2 C.F.R. Part 200 (entitled "Contract Provisions for
Non -Federal Entity Contracts Under Federal Awards").
b. As required by 2 C.F.R. § 200.318(1), the Sub -Recipient shall "maintain records
sufficient to detail the history of procurement. These records shall include but are not necessarily limited
to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
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c. As required by 2 C.F.R, § 200,318(b), the Sub -Recipient shall "maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub -
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
d, Except for procurements by micro -purchases pursuant to 2 G.F.R. § 200.320(a)(1) or
procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Sub -Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall
forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least ten (10)
days prior to the publication or communication of the solicitation. The Division shall review the solicitation
and provide comments, if any, to the Sub -Recipient within seven (7) business days. Consistent with 2
C.F.R. § 200.325, the Division shall review the solicitation for compliance with the procurement standards
outlined in 2 C.F.R. § 200,318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent
with 2 C.F.R. § 200.318(k), the Division shall not substitute its judgment for that of the Sub -Recipient.
While the Sub -Recipient does not need the approval of the Division in order to publish a competitive
solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the
commodity or service specifications. The Division's review and comments shall not constitute an
approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all
applicable laws, regulations, and agreement terms. If during its review the Division identifies any
deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as
possible within the seven (7) business day window outlined above. If the Sub -Recipient publishes a
competitive solicitation after receiving comments from the Division that the solicitation is deficient, then
the Division may:
i. Terminate this Agreement in accordance with the previsions outlined in
paragraph (17) above; and,
ii. Refuse to reimburse the Sub -Recipient for any costs associated with that
solicitation.
e. Except for procurements by micro -purchases pursuant to 2 C.F.R. § 200.320(a)(1) or
procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Sub -Recipient
chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall
forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall
review the unexecuted contract and provide comments, if any, to the Sub -Recipient within seven (7)
business days. Consistent with 2 C.F.R. § 200.325, the Division shall review the unexecuted contract for
compliance with the procurement standards outlined in 2 C.F.R. § 200.318 through 200.327 as well as
Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. § 200.318(k), the Division shall not substitute
its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the
Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the
15
terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract.
Regardless of.the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division Identifies any deficiencies, then the Division shall
communicate those deficiencies to the Sub -Recipient as quickly as possible within the seven (7) business
day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication
from the Division that the subcontract is non -compliant, then the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in
paragraph (17) above; and,
Refuse to reimburse the Sub -Recipient for any costs associated with that
subcontract.
f. The Sub -Recipient agrees to include in the subcontract that (I) the subcontractor is
bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -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. effected
g. As required by 2 C,F.R. § 200.318(c)(1), the Sub -Recipient shall "maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
h. As required by 2 C.F.R. § 200.319(b) contractors that develop or draft specifications,
requirements, statements of work, or invitations for bids or requests for proposals shall be excluded from
competing for such procurements. The Sub -Recipient or pass-thru entity shall disclose to the Division, in
writing, any real or potential conflict of interest that may arise during the administration of the Federal
award, as defined by federal statutes or regulations, or their own existing policies, within five (5) days of
learning of the conflict of interest. "Conflict of interest" is considered as any situation where an employee,
officer, or agent, any members of his or her immediate family, or his or her partner has a close personal
relationship, business relationship, or professional relationship, with a recipient or Sub -Recipient.
I. As required by 2 C.F.R. § 200.319(a), the Sub -Recipient shall conduct any
procurement under this agreement "in a manner providing full and open competition." Accordingly, the
Sub -Recipient shall not;
i. Place unreasonable requirements on firms in order for them to qualify to do
business;
companies;
contracts;
il. Require unnecessary experience or excessive bonding;
Use noncompetitive pricing practices between firms or between affiliated
iv. Execute noncompetitive contracts to consultants that are on retainer
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v. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii, Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement;
vili, Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
j, "Except in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R, § 200.319(c), shall riot use a
geographic preference when procuring commodities or services under this Agreement.
k. The Sub -Recipient shall conduct any procurement involving invitations to bid (Le.
sealed bids) in accordance with 2 C,F,R. § 200.320(b)(1) as well as section 237.057(1)(a), Florida
Statutes.
I. The Sub -Recipient shall conduct any procurement involving requests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. § 200.320(b)(2) as well as section 287.057(1)(b),
Florida Statutes.
m, For each subcontract, the Sub -Recipient shall provide information to the Division as
to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida
Statutes, except for the requirement the subcontractor be domiciled in Florida, on the required
Procurement Method Report (Form 5). Additionally, the Sub -Recipient shall comply with the requirements
of 2 C.F.R. § 200,321 ("Contracting with small and minority businesses, women's business enterprises,
and labor surplus area firms").
n. The Federal Emergency Management Agency (FEMA) has developed helpful
resources for Sub -Recipients using federal grant funds for procurements. These resources are generally
available at https://www.fema,govlgrants/procurement. FEMA periodically updates this resource page so
please check back for the latest information. While not all the provisions discussed in the resources are
applicable to this subgrant agreement, the Sub -Recipient may find these resources helpful when drafting
its solicitation and contract for compliance with the Federal procurement standards outlined in 2 C.F.R. §§
200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200.
(19)ATTACHMENTS AND EXHIBITS
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.
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c. This Agreement has the following attachments:
i. Exhibit 1 - Funding Sources
ii. Exhibit 2 — Certification Regarding Telecommunications and Video
Restrictions
iii. Exhibit 3 — Certification Regarding Lobbying
iv. Exhibit 4 - Certification Regarding Fusion Center Analyst Requirements
v. Attachment A — Program Budget
vi. Attachment B — Scope of Work
vii, Attachment C — Deliverables and Performance
viii. Attachment D — Program Statutes and Regulations
ix. Attachment E — Justification of Advance Payment
x. Attachment F — Warranties and Representations
xi. Attachment G — Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion
xii, Attachment H — Statement of Assurances
Attachment 1— Mandatory Contract Provisions
xiv. Attachment J — Financial and Program Monitoring Guidelines
xv. Attachment K — EHP Guidelines
xvi. Attachment L — Reimbursement Checklist
xvii. Attachment M— Foreign Country of Concern Affidavit — Personal Identifying
Information Contract
S20)PAYMENTS
a. 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 (9)b. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout
report within thirty (30) days of receiving notice from the Division.
b. Invoices shall be submitted at feast quarterly and shall include the supporting
documentation for all costs of the project or services, The final invoice shall be submitted within thirty (30)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub -
Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement.
c, Any advance payment under this Agreement is subject to 2 C.F.R. § 200.305 and, as
applicable, section 216.181(16), Florida Statutes. All requests for advance payments shall be reviewed
and considered on a case -by -case basis. Ail advances are required to be held in an interest -bearing
account and shall not exceed fifty percent of the grant award. If an advance payment is requested, an
estimated expense table and justification statement shall be included in this Agreement. All advance
18
requests shall be submitted at the time of execution of the original agreement, unless an Environmental
Historical Preservation (EHP) review is required. If an EHP Is required advance payments shall not be
processed until approval from FEMA has been received. Advance requests can only be made by
completing Attachment E and shall specify the amount of advance payment needed and provide an
explanation of the necessity for and proposed use of these funds. No advance shall be accepted for
processing if a reimbursement has been paid prior to the submittal of a request for advanced payment.
After the initial advance, if any, payment shall be made on a reimbursement basis as needed.
(21)REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Division of Emergency Management", and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Sub -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.
(221MANDATED 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 Sub -Recipient in this Agreement,
in any later submission or response to a Division request, or In any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty (30) days written notice to the Sub -Recipient, cause the termination of this
Agreement and the release of the Division from all its obligations to the Sub -Recipient.
b. The laws of the State of Florida shall govern this Agreement. The Division and the
Sub -Recipient submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action
related to this Agreement. Further, the Sub -Recipient hereby waives any and all privileges and rights
relating to venue it may have under chapter 47, Florida Statutes, and any and all such venue privileges
and rights it may have under any other statute, rule, or case law, including, but not limited to those
grounded on convenience. The Sub -Recipient hereby submits to venue in the county chosen by the
Division, to wit: Leon County, Florida,
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
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d, The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seo.), which prohibits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e, Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list shall not submit a bid on a contract to provide any
goods or services to a public entity, shall not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, shall not submit blds on leases of real property to
a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and shall not transact business with any public entity in
excess of $25,000,00 for a period of thirty-six (36) months from the date of being placed on the convicted
vendor list or on the discriminatory vendor list.
f. Any Sub -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:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
il. Have not, within a five (5) 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;
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
(22) f. ii. of this certification; and,
iv. Have not within a five (5) year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or default.
g. If the Sub -Recipient is unable to certify to any of the statements in this certification,
then the Sub -Recipient shall attach an explanation to this Agreement.
h. in addition, the Sub -Recipient shall send to the Division (by email or by
facsimile transmission) the completed "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Sub.
Recipient plans to fund under this Agreement. The form shall be received by the Division before
the Sub -Recipient enters into a contract with any subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub -
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
20
provisions of chapter 119, Florida Statutes, which the Sub -Recipient created or received under this
Agreement.
j. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
k, The State of Florida shall 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 Sub -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.
I. Section 287.05805, Florida Statutes, requires that any state funds provided for the
purchase of or improvements to real property are contingent upon the contractor or political subdivision
granting to the state a security interest in the property at least to the amount of state funds provided for at
least five (5) years from the date of purchase or the completion of the improvements or as further required
by law.
m, Unless preempted by federal law, the Division may, at its option, terminate the
Contract if the Contractor is found to have submitted a false certification as provided under section
287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in
business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott
Israel List or is engaged in a boycott of Israel.
(23)LOBBYINO PROHIBITION
a. 2 C.F.R, § 200.450 prohibits reimbursement for costs associated with certain
lobbying activities.
b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
c. 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.
d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
i. No federal appropriated funds have been paid or shall be paid, by or on
behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or
21
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.
H. If any funds other than federal appropriated funds have been paid or shall 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 Sub -Recipient shall
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
Ili. The Sub -Recipient shall require that this certification be included in the
award documents for all subawards (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose.
iv. 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,
v. If this subgrant agreement amount is $100,000 or more, the Sub -Recipient,
and subcontractors, as applicable, shall sign Attachment M — Certification Regarding Lobbying.
(24)COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall
retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise,
b. If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer
the discovery or invention to the Division for a determination whether the State of Florida shall 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 Sub -Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub -Recipient to the State
of Florida,
22
c, Within thirty (30) clays of execution of this Agreement, the Sub -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 Sub -Recipient shall retain all rights and
entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose shall indicate
that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all
patents and copyrights which accrue during performance of the Agreement.
d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub -
Recipient shall become the sole property of the Sub -Recipient, In the case of joint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida
government purposes.
(25)LEGAL AUTHORIZATION
The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -
Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -
Recipient to the terms of this Agreement.
(26)E UAL OPPORTUNITY EMPLOYMENT
a, In accordance with 41 C.F,R, § 60-1.4(b), the Sub -Recipient hereby agrees that it
shall incorporate or cause to be incorporated into any contract for construction work, or modification
thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in
whole or in part with funds obtained from the federal government or borrowed on the credit of the federal
government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any
federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i, The contractor shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, or national origin. The contractor shall take
affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
23
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants shall receive considerations for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
iii. The contractor shall not discharge or in any other manner
discriminate against any employee or applicant for employment because
such employee or applicant has inquired about, discussed, or disclosed
the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an
employee who has access to the compensation information of other
employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or
applicants to individuals who do nototherwise have access to such
information, unless such disclosure is in response to a formal complaint
or charge, In furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
iv. The contractor shall send to each labor union or representative
of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said Tabor
union or workers' representatives of the contractor's commitments under
this section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
v. The contractor shall comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
vi. The contractor shall furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and shall permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vii. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
vili. The contractor shall include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (8) in every subcontract or purchase order unless exempted
24
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions shall be binding upon each subcontractor or vendor.
The contractor shall take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b. The Sub -Recipient further agrees that it shall be bound by the above equal
opportunity clause with respect to its own employment practices when it participates in federally assisted
construction work: Provided, that If the applicant so participating is a State or local government, the
above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
c. The Sub -Recipient agrees that it shall assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it shall furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it shall otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance,
d. The Sub -Recipient further agrees that it shall refrain from entering into any contract
or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive order and shall carry out such sanctions and penalties
for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by
the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive order.
In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub -Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27)COPELAND ANTI KICKBACK ACT
The Sub -Recipient hereby agrees that, unless exempt under federal law, it shall
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
25
i. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(28)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract
shall include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor shall be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40)
hours. Work in excess of the standard work week is permissible provided that the worker is compensated
at a rate of not Tess than one and a half times the basic rate of pay for all hours worked in excess of forty
(40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation.
(29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $150,000, then any such contract shall include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7571 q)
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387) and shall report violations to FEMA and the Regional Office
of the Environmental Protection Agency (EPA).
(30)SUSPENSION AN❑ DEBARMENT
If the Sub -Recipient, with the funds authorized by this Agreement, enters Into a contract,
then any such contract shall include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C,F.R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C,F.R, §
26
180.995), or its affiliates (defined at 2 C.F.R. § 180,905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor shall comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and shall include a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment,
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt, 3000, subpart C while this
offer is valid and throughout the period of any contract that may arise
from this offer, The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(31)BYRD ANTI -LOBBYING AMENDMENT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract shall include the following clause:
Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1362 (as amended).
Contractors who apply or bid for an award of 5100,000 or more shall file
the required certification. Each tier certifies to the tier above that It shall
not and has not used federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any federal contract, grant, or any other award covered by 31
U.S.C, § 1352. Each tier shall also disclose any lobbying with non-
federal funds that takes place in connection with obtaining any federal
award. Such disclosures are forwarded from tier to tier up to the
recipient.
If the Sub -Recipient enters into a contract with a subcontractor for an award of $100,000
or more, the subcontractor shall sign Exhibit 3 — Certification Regarding Lobbying.
(32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES. WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C,F.R. § 200.321, the Sub -Recipient shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation Lists;
ii. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
27
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
v, Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs i. through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the
Sub -Recipient shall take; the requirements do not preclude the Sub -Recipient from undertaking additional
steps to involve smell and minority businesses and women's business enterprises.
d. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Sub -Recipient to break a single project down into
smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. "project splitting").
(33) ASSURANCES
The Sub -Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
[Remainder of page intentionally left blank]
28
tN WITNESS WHEREOF, the parties hereto have executed this Agreement.
SUB -RECIPIENT: CITY OF MIAMI FIRE RESCUE
By:
Name and Title: Arthur Noriega, City Manager
Date:
F1D# 59-6000375
If signing electronically: By providing this electronic signature, I am attesting that I understand that
electronic signatures are legally binding and have the same meaning as handwritten signatures. l am also
confirming that internal controls have been maintained, and that policies and procedures were properly
followed to ensure the authenticity of the electronic signature.
1 acknowledge that typewritten and/or script fonts are not acceptable as a digital signature. All electronic
signatures shall be certified digital signatures and include: the signee's name, time and date stamp.
This statement is to certify that 1 confirm that this electronic signature is to be the legally binding
equivalent of my handwritten signature and that the data on this form is accurate to the best cif my
knowledge.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Kevin Guthrie, Executive Director
Date:
29
EXHIBIT —1
Federal Programs and Resources Awarded
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS
AGREEMENT:
Federal Program: HOMELAND SECURITY GRANT PROGRAM
Federal Agency: U.S. Department of Homeland Security, Federal Emergency Management
Catalog of Federal Domestic Assistance title and number: 97,067
Award amount: $ 13,602,313.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER
THIS AGREEMENT;
Federal Program; HOMELAND SECURITY GRANT PROGRAM
List applicable compliance requirements as follows:
1. Sub -Recipient is to use funding to perform eligible activities as identified FY 2023 Department of Homeland
Security Notice of Funding Opportunity.
2. Sub -Recipient is subject to all administrative and financial requirements as set forth in this Agreement or
shall not be in compliance with the terms of the Agreement.
3. Sub -Recipient shall comply with specific laws, rules, or regulations that pertain to how the awarded
resources shall be used or how eligibility determinations are to be made,
NOTE: 2 C.F.R. Part 200, and section 215.97(5)(a), Florida Statutes, require that the information about Federal
Programs and State Projects included in Exhibit 1 be provided to the Sub -Recipient,
Sub -Recipient: CITY OF IVIIAMI FIRE RESCUE
By: Date:
Arthur Noriega, City Manager
Printed Name and Title
If signing electronically: By providing this electronic signature, 1 am attesting that l understand that
electronic signatures are legally binding and have the same meaning as handwritten signatures, l am also
confirming that internal controls have been maintained, and That policies and procedures were properly
followed to ensure the authenticity of the electronic signature.
1 acknowledge that typewritten andlor script fonts are not acceptable as a digital signature. All electronic
signatures shall be certified digital signatures and include: the signee's name, time and date stamp,
This statement is to certify that 1 confirm that this electronic signature is to be the legally binding
equivalent of my handwritten signature and that the data on this form is accurate to the best of my
knowledge.
30
EXHIBIT — 2
Certification Regarding Telecommunications and Video Restrictions
Effective August 13, 2020, DHS/FEMA Sub -Recipients, as well as their contractors and subcontractors,
shall not use grant funds under the Nonprofit Security Grant Program covered by this Agreement and
provided in FY 2023 or previous years to:
1. Procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to
procure or obtain any equipment, system, or service that uses "covered telecommunications
equipment or services" as a substantial or essential component of any system, or as critical
technology of any system; or
2. Enter into, extend or renew contracts with entities that use or provide, as part of its performance
of this agreement or any other contractual instrument, any equipment, system, or service that
uses "covered telecommunications equipment or services" as a substantial or essential
component of any system, or as critical technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or equipment is
mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019
(FY 2019 NDAA), Pub, L. No. 115-232 (2018), and 2 C,F.R. § 200.216, 200.327, 200,471, AND Appendix
II to 2 C.F.R. Part 200. Sub -Recipients may use DHS/FEMA grant funding to procure replacement
equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the
requirements of the FY 2023 Preparedness Grants Manual, applicable appendix to the Manual, and
applicable NOFO. DHS/FEMA shall publish additional guidance in a subsequent Information Bulletin or
similar notice, Per section 889(f)(2)-(3) of the FY 2019 NDAA, covered telecommunications equipment or
services means:
1. Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation, (or any subsidiary or affiliate of such entities);
2. For the purpose of public safety, security of Government facilities, physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities);
3, Telecommunications or video surveillance services provided by such entities or using such
equipment; or
4. Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of National Intelligence or
the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise connected to, the People's Republic of China.
In the event the Sub -Recipient identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance or at any time or by any other source, the Sub -Recipient shall report the information
to the Division:
1. Within one (1) business day from the date of such identification or notification: The contract
number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if
known); supplier Commercial and Government Entity (GAGE) code (if known); brand; model
number (original equipment manufacturer number, manufacturer part number, or wholesaler
number); item description; and any readily available information about mitigation actions
undertaken or recommended.
2. Within ten (10) business days of submitting the aforementioned information: Any further available
information about mitigation actions undertaken or recommended, In addition, the Sub -Recipient
31
shall describe the efforts it undertook to prevent use or submission of covered telecommunications
equipment or services, and any additional efforts that shall be incorporated to prevent future use or
submission of covered telecommunications equipment or services,
Sub -Recipient: CITY OF MIAMI FIRE RESCUE
By: Date:
Arthur Noriega, City Manager
Printed Name and Title
If signing electronically: By providing this electronic signature, 1 am attesting that 1 understand that
electronic signatures are legally binding and have the same meaning as handwritten signatures. 1 am also
confirming that internal controls have been maintained, and that policies and procedures were properly
followed to ensure the authenticity of the electronic signature.
1 acknowledge that typewritten andlor script fonts are not acceptable as a digital signature. All electronic
signatures shall be certified digital signatures and include; the signee's name, time and date stamp.
This statement is to certify that I confirm that this electronic signature is to be the legally binding
equivalent of my handwritten signature and that the data on this form is accurate to the best of my
knowledge.
32
EXHIBIT _ 3
CERTIFICATION REGARDING LOBBYING
Check the appropriate box:
XI This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or
Cooperative Agreement shall exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(I); 31
U.S.C. § 1352; and 44 C.F.R. Part 18,
0 This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement
shall be equal to or less than $100,000.
APPENDIX A, 44 C.F,R. PART 18 — CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No federal appropriated funds have been paid or shall be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
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 000perative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
2, If any funds other than federal appropriated funds have been paid or shall be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The Sub -Recipient or subcontractor, City of Miami , certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S,C, Ch. 38, Administrative Rernedies for
False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Sub-Recipient/subcontractor's Authorized Official
Arthur Noriega, City Manager
Name and Title of Sub-Recipient/subcontractor's Authorized Official
Date
33
EXHIBIT — 4
Certification Regarding Fusion Center Analyst Requirements
State and urban area fusion centers receiving SHSP or UASI grant funds will be evaluated based on
compliance with the guidance and requirements for the National Network as set forth by DHS Intelligence
and Analysis (I&A) through the annual Fusion Center Assessment.
Through the Program Performance Report (PPR), fusion centers will report on the compliance with
measurement requirements within the fusion centers through the annual Fusion Center Assessment
managed by DHS I&A and reported to FEMA, Subrecipients will be required to provide information
regarding their information sharing partnerships, including how they will identify, address, and overcome
any existing laws, policies, and practices that prevent information sharing, via the Information and
Intelligence National Priority Investment and supporting data via the annual Fusion Center Assessment,
Documentation of the satisfactory submission of the completed Program Performance Report
through the Fusion Center Assessment will be required prior to reimbursement of grant funds.
Fusion Center Performance Measures
Reference Number Performance Measures
2023.1 Percentage of federal information intelligence Reports (IIRs) originating from fusion
center information that address a specific Intelligence Community need
2023.2 Percentage of federal IIRs originating from fusion center information that the
Intelligence Community otherwise used in performing its mission (e.g., contained
first-time reporting; corroborated existing information; addressed a critical intelligence
gap; or helped to define an issue or target)
2023.3 Number of SARs vetted and submitted by fusion centers that result in the initiation or
enhancement of an investigation by the FBI
2023.4 Number of SAR vetted and submitted by fusion centers that involve an individual on
the Watchlist
2023.5 Percentage of Requests for Information (RFIs) from the Terrorist Screening Center
(TSC) for which fusion centers provided information for a TSC case file
2023.6 Percentage of l&A Watchlist nominations that were initiated or updated existing case
files based on information provided by fusion centers
2023.7 Number of distributable analytic products co-authored by one or more fusion centers
and/or federal agencies
2023.8 Percentage of fusion center distributable analytic products that address Homeland
Security topics
2023.9 Percentage of fusion center distributable analytic products that address state/local
customer information needs
2023.10 Percentage of key customers reporting that fusion center products are relevant
2023.11 Percentage of key customers reporting that fusion center services are relevant
2023.12 Percentage of key customers reporting that fusion center products are timely for
mission needs
2023.13 Percentage of key customers reporting that fusion center services are timely for
mission needs
2023.14 Percentage of key customers reporting that fusion center products influenced their
decision making related to threat response activities within their AOR
2023.15 Percentage of key customers reporting that fusion center services influenced their
decision making related to threat response activities within their AOR
2023.16 Percentage of key customers reporting that fusion center products resulted in
increased situational awareness of threats within their AOR
2023.17 Percentage of key customers reporting that fusion center services resulted in
increased situational awareness of threats within their AOR
2023.18 Number of tips and leads vetted by the fusion center
34
2023. 1 9 Number of tips and leads vetted by the fusion center that were provided to other
F/SLTT agencies for follow up action
2023.20 Number of responses to RFls from all sources
2023.21 Number of situational awareness products developed and disseminated by fusion
centers
2023.22 Number of case support and/or tactical products developed and disseminated by
fusion centers
2023.23 Percentage of federally designated special events in which fusion centers played a
direct role
2023.24 Percentage of federally declared disasters in which fusion centers played a direct role
2023.25 Number of public safety incidents in which fusion centers played a direct role
Sub -Recipient: CITY OF MIAMI FIRE RESCUE
By: Date:
Arthur Noriega, City Manager
Printed Name and Title
If signing electronically: By providing this electronic signature, I am attesting that 1 understand that
electronic signatures are legally binding and have the same meaning as handwritten signatures. I am also
confirming that internal controls have been maintained, and that policies and procedures were properly
followed to ensure the authenticity of the electronic signature.
1 acknowledge that typewritten andlor script fonts are not acceptable as a digital signature. All electronic
signatures shall be certified digital signatures and include: the signee's name, time and date stamp.
This statement is to certify that 1 confirm that this electronic signature is to be the legally binding
equivalent of my handwritten signature and that the data on this form is accurate to the best of my
knowledge.
35
ATTACHMENT A
Program Budget
Below is a general budget which outlines eligible categories and their allocation under this award. The
Sub -Recipient is to utilize the "Program Budget" as a guide for completing the "Budget Detail Worksheet"
below.
The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized
Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant
programs. The intended audience of this tool is emergency managers, first responders, and other
homeland security professionals. The list consists of 21 equipment categories divided into sub -categories,
tertiary categories, and then individual equipment items. The AEL can be found at
http://www.fema.gov/authorized-equipment-list.
The transfer of funds between the categories listed in the "Program Budget and Scope of Work" is
permitted. However, the transfer of funds between Issues is strictly prohibited.
FY 2023 Homeland Security Grant Program — Urban Area Security Initiative
Grant
Sub -Recipient Agency
Category/Issue
Amount Allocated
FY 2023 - State Homeland
Security Grant Program —
Urban Area Security Initiative
Issue #45
CITY OF MIAMI
FIRE RESCUE
Award Allocation — Issue
$14,528,750.00
State Management & Administration
withheld 5%
$726,437.50
Expendable Award Allocation after 5%
reduction
$13,802,313.00
LETP-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%
requirement.
$3,632,187.50
Management and Administration
(the dollar amount which corresponds
to 5% of the total local agency
allocation is shown in the column on
the right).
$ 690,115.65
Total Award
$13,802,313.00
State M & A costs
$726,438.00
36
BUDGET DETAIL WORKSHEET
The Sub -Recipient is required to provide a completed budget detail worksheet, to the Division, which
accounts for the total award as described in the "Proposed Program Budget".
if any changes need to be made to the "Budget Detail Worksheet", after the execution of this agreement,
contact the Grant Manager listed in this agreement via email or letter,
Allowable Planning Costs
Quantity
Unit Cost
Total Cost
IJ #
Developing hazard/threat-specific annexes
Developing and implementing homeland security support
programs and adopting ongoing DHS/FEMA national
initiatives
Developing related terrorism and other catastrophic event
prevention activities
Developing and enhancing plans and protocols
Developing or conducting assessments
Hiring of full- or part-time staff or contract/consultants to
assist with planning, engagement, and volunteer
management activities
NP2 — I & I — Intelligence and Information Sharing
(LPR Analyst); Line item 2023-02
1
$83,000.00
$83,000.00
2
Cross Cutting — Planning (To include Planners and
Consultants); Line item 2023-07
1
$2,089,235.00
$2,089,235.00
7
Cross Cutting — Operational Coordination (EM Tech
Support Specialist; Line item 2023-08
1
$100,000.00
$100,000.00
7
Materials required to conduct planning, engagement, and
volunteer management activities
_
NP4 — Community Preparedness and Resilience
(CPAT/BPAT); Line item 2023-04
1
$115,726.00
$115,726.00
4
NP4 — Community Preparedness and Resilience (Video
Series); Line item 2023-04
1
$64,920.00
$64,920.00
4
Travel/per diem related to planning, engagement, and
volunteer management activities
Cross Cutting — Planning (Travel); Line item 2023-07
1
$23,000.00
$23,000.00
7
Overtime and backfill costs (in accordance with operational
Cost Guidance)
Activities to achieve planning inclusive of people with
disabilities and others with access and functional needs and
limited English proficiency
Coordination with Citizen Corps Councils for public
information/education and development of volunteer
programs
Coordination and material support to Citizen Corps
37
Councils and local firehouses for the establishment,
training and maintenance of CERTs
Update governance structures and processes and plans for
emergency communications
Development, and review and revision of continuity of
operations plans
Development, and review and revision of the THIRA/SPR
continuity of operations plans
Developing or conducting equity assessments to address
planning and preparedness disparities for historically
underserved communities
TOTAL PLANNING EXPENDITURES
$2,475,881.00
Allowable Organizational Activities (HSGP and LETP)
Quantity
Unit Cost
Total Cost
IJ #
Program management
Development of whole community partnerships
Structures and mechanisms for information sharing between
the public and private sector
Implementing models, programs, and workforce
enhancement initiatives
Tools, resources, and activities that facilitate shared
situational awareness between the public and private sectors
Operational support
NP1 - ST/CP - Protection — Interdiction and Disruption
(Operational OT); Line item 2023-01
1
$5,426.00
$5,426.00
1
Utilization of standardized resource management concepts
Responding to an increase in the threat level under the
National Terrorism Advisory System (NTAS), or needs in
resulting from a National Special Security Event
Reimbursement for select operational expenses associated
with increased security measures at critical infrastructure
sites incurred (up to 50 percent of the allocation)
Overtime for information, investigative, and intelligence
sharing activities (up to 50 percent of the allocation)
Hiring of new staff positions/contractors/consultants for
participation in information/intelligence analysis and
sharing groups or fusion center activities (up to 50 percent
of the allocation)
NP2 -1 & l — Prevention — Intelligence and Info Sharing
(Fusion Analysts), Line item 2023-02
5
$69,100.00
$345,500.00
2
NP5 — Cybersecurity (Cyber Analysts); Line item 2023-
05
2
$143,750.00
$287,500.00
5
38
Hiring or maintaining staff positions/contractors/consultants
at SLTT levels to deliver community preparedness training,
resources and material to schools, community -based
organizations, faith -based institutions, and local businesses.
Hiring or maintaining staff positions/contractors/consultants
to create, support and maintain CERT or Teen CERT
Cost of migrating online services to the ".gov" domain
TOTAL ORGANIZATIONAL EXPENDITURES
$638,426.00
Allowable Exercise Costs
Quantity
Unit Cost
Total Cost
IJ #
Design, Develop, Conduct and Evaluate an Exercise
Full or Part -Time Staff or Contractors/Consultants - Full or
part-time staff may be hired to support exercise -related
activities. Payment of salaries and fringe benefits must be
in accordance with the policies of the state or local unit(s)
of government and have the approval of the state or the
awarding agency, whichever is applicable. The services of
contractors/consultants may also be procured to support
the design, development, conduct and evaluation of
CBRNE exercises. The applicant's formal written
procurement policy or the Federal Acquisition Regulations
(FAR) must be followed.
Cross Cutting — Planning (Exercises); Line item 2023-
07
t
$114,000.00
$114,000.00
7
Overtime and backfill costs — Overtime and backfill costs,
including expenses for part-time and volunteer emergency
response personnel participating in FEMA exercises
Implementation of HSEEP
Activities to achieve exercises inclusive of people with
disabilities and others with access and functional needs
Travel - Travel costs (Le., airfare, mileage, per diem, hotel,
etc.) are allowable as expenses by employees who are on
travel status for official business related to the planning and
conduct of the exercise project(s).
Supplies - Supplies are items that are expended or
consumed during the course of the planning and conduct of
the exercise project(s) (e.g., copying paper, gloves, tape,
non -sterile masks, and disposable protective equipment).
Interoperable communications exercises
Activities to achieve planning inclusive of people with
limited English proficiency
TOTAL EXERCISE EXPENDITURES
$114,000.00
Allowable Training Costs
Quantity
Unit Cost
Total Cost
IJ #
Overtime and backfill for emergency preparedness and
response personnel attending DHSIFEMA-sponsored and
approved training classes
39
Overtime and backfill expenses for part-time and volunteer
emergency response personnel participating in DHS/FEMA
training
Training Workshops and Conferences
Activities to achieve training inclusive of people with
disabilities and others with access and functional needs and
limited English proficiency
Full or Part -Time Staff or Contractors/Consultants
NP3- DVE — Environmental Response, Health and Safety
(Hazmat Trainings); Line item 2023-03
1
$66,800.00
$66,800.00
3
NP4 — Cybersecurity (Cyber Training and Assessments);
Line item 2023-05
1
$50,618.00
$50,618.00
5
Cross Cutting — Planning (Training Classes); Line item
2023-07
1
$267,000.00
$267,000.00
7
Travel
Supplies are items that are expended or consumed during
the course of the planning and conduct of the exercise
project(s) (e.g., copying paper, gloves, tape, non -sterile
masks, and disposable protective equipment).
Instructor certification/re-certification
Coordination with Citizen Corps Councils in conducting
training exercises
Interoperable communications training
Activities to achieve training inclusive people with limited
English proficiency
Immigration enforcement training
TOTAL TRAINING EXPENDITURES
$384,418.00
Eligible Equipment Acquisition Costs
The table below highlights the allowable equipment
categories for this award. A comprehensive listing of these
allowable equipment categories, and specific equipment
eligible under each category, are listed on the web -based
version of the Authorized Equipment List (AEL) at
http://www.fema,goviauthorized-equipment-list.
Quantity
Unit Cost
Total Cost
Li #
Personal protective equipment
Recovery — Cultural and Natural Resources; AEL #01ZA-
02-GLVD, 01ID-01-BARR, 01UR-01-EYEP, 01ZA-02-GLVW,
01LE-02-BDUS, 01SW-01-FTWR, 06CP-01-PORT, 030E-01-
VSTO, OIZA-06-HHAT, 19GN-00-HSSF, 04AP-05-CDSS;
Line item 2023-15
1
$66,000.00
$66,000.00
10
NP3 — DVE — On Scene Security, Protection and LE
(Ballistic Protection); AEL #01LE-01-HLMT, 01LE-01-
SHLD, 01ZA-02-GLVW, 030E-03-KTFA; Line item 2023-03
1
$135,560.00
$135,560.00
3
40
Explosive device mitigation and remediation equipment
NP3 — DVE — On Scene Security, Protection and LE (EOD
Tactical Come and Fiber Scope); AEL #02EX-00-KTFO,
04SN-01-XMIT; Line item 2023-03
1
$41,000.00
S47,000.00
3
CI3RNE; operational search and rescue equipment
NP1 - STICP — Prevention — Screening, Search, Detection
(LPRs) AEL #030E-01-ALPR, 04AP-02-AVLS, 13LE-00-
SURV, 21GN-00-SHIP, 21GN-00-INST; Line item 2023-01
1
$580,920.00
$580,920.00
NP3 — DVE — Environmental Response, Health and Safety
(Hazmat Robots and Upgrades/Accessories); AEL #030E-
07-ROBT, 030E-07-UPGD, 02EX-02-RBTL,10BC•00-SOLR,
10BC-00-BATT; Line item 2023-03
1
$50,301.00
$50,301.00
3
NP3 — DVE — On Scene Security, Protection and LE (Non-
Lethal Training Equipment); AEL #030E-01-NLTA; Line
item 2023-03
$5,522.00
$5,522,00
NP3 — DVE — On Scene Security, Protection and LE (Night
Vision); AEL #030E-02-TILA, Line item 2023-03
$214,928.00
Cross Cutting — Operational Coordination (Message
Boards); AEL #030E-03-SIGN; Line item 2023-08
$30,000.00$30,000.00
Response — CBRNE — Mass Search and Rescue Ops
(Search and Rescue Equipment); AEL #03SR-03-SCAM,
03SR-02-TPHY, 03SR-02-MARK, 03SR-02-TRIG, 03SR-02-
SAWS, 03SR-01-ABAG, 030E-02-BNOC, 030E-02-TILA,
12TR-00-TEQP, 10GE-00-GENR, 21GN-00-SHIP; Line Item
2023-12
$258,103.00
$258,103.00
Information technology
Cross Cutting — Operational Coordination (ICS Systems);
AEL #04SW-04-NETW, 04HW-01-INHW; 04AP-05-CDSS,
04AP-03-GISS; 04AP-02-AVLS; Line item 2023-08
1
$325,280.00
$325,280.00
Cybersecurity 'enhancement;equipment,
NP2 -I & I — Prevention — Forensics and Attribution
(Digital Forensics Sharing Pilot Program) — AEL #05HS-
00-FRNS; Line item 2023-02
1
$222,815.00
$222,815.00
2
NP5 — Cybersecurity (Cyber Equipment); AEL #05EN-00-
ETRN, 14C1-00-COOP; Line item 2023-05
1
$101,324.00
$101,324.00
5
Interoperabtecommunications equipment
Response — Communications — Operational
Communications; AEL #06CC-03-SATB, 06CP-01-MOBL,
06CP-01-PORT; Line item 2023-13
1
$522,539.00
$522,539.00
Detection. Equipment'
41
NP3 - DVE - Screening, Search, Detection (Hazmat
Monitors/Meters); AEL #07CD-01-DPGC, 07CD-01-DPMG,
030E-03-KTCL, 21GN-00-SHIP;
1
$140,000.00
$140,0.00.00
3
NP3 - DVE - Screening, Search, Detection (EOD
Chem/Explosive Detector); AEL #07ED-01-LASR, 07ED-
01-IMOB
1
$160,000.00
$160,000.00
3
Decontamination Equipment
Medical supplies,
Power equipment (generators, batteries, power cells)
CBRNE Reference Materials
CBRNE Incidenit•Response Vehicles:;:;
NP2 - I & I - Prevention - Forensics and Attribution
(Crime Scene Mobile Evidence Analysis and Processing
Vehicle); AEL #12VE-00-MISS; Line item 2023-02
1 $404,000.00
$404,000.00
2
Response - CBRNE - Critical Transportation (Vehicles);
AEL #12VE-00-MISS, 12VE-00-MOVR, 12VE-00-CMDV;
Line item 2023-10
1
$2,070,077.00
$2,070,077.00
9
Terrorism Incident Prevention Equipment
NP2 - I & I - Prevention - Intelligence and Info Sharing
(Dark Web Monitoring); AEL #13IT-00-ALRT; Line item
2023-02
1
$100,000.00
$100,000.00
2
NP2 . 1 & I - Prevention - Intelligence and Info Sharing
(Covert Surveillance Enhancements); AEL #13IT-00-FACE,
131T-00-INTL, 13LE-00-SURV, 030E-02-TILA, 030E-01-
ALPR, 04AP-02-DGPS, 04MD-01-VCAM and 04HW-01-
HHCD; Line item 2023-02
1
$244,365.00
$244,365.00-
2
NP2 - I & I - Prevention - Intelligence and Info Sharing
(Internet Upgrade to Forensic Unit Vehicle); AEL #13LE-
00-SURV, Line item 2023-02
1
$48,000.00
$48,000.00
2
NP6 - Election Security - Prevention - I&I (MDPD Tech
Ops Surveillance Equip); AEL #13LE-00-SURV; Line item
2023-06
1
$132,050.00
$132,050.00
6
Physical Security Enhancement Equipment
NP1 - STICP - Protection - Physical Protective Measures
(Target Hardening); AEL #14SW-01-VIDA, 14SW-01-DOOR,
14SW-01-LITE, 14EX-00-BSIR, 04HW-01-INHW, 04MD-03-
DISP, 21GN-00-MAIN, 21GN-00-INST; Line item 2023-01
1
$850,338.00
$850,338.00
1
42
NP6 - Election Security - Protection - Physical Protective
Measures (Bollards/Barriers at Polling Locations); AEL
#14SW-01-WALL; Line item 2023-06
1
$445,792.00
$445,792.00
6
Recovery - Infrastructure Systems (Ethernet Backup);
AEL #14CI-01-COOP; Line item 2023-14
1
$20,000.00
$20,000.00
10
Inspection and Screening Systems
Animal Care anti Foreign Animal Disease
CSRNE Prevention and Response Watercraft
Response -- CBRNE - Critical Transportation (Vessels);
AEL #17WC-00-BOAT; Line item 2023-10
1
$93,957.00
$93,957.00
9
CBRNE Prevention and Response Unmanned Aircraft
CBRNE Aviation Equipment
CBRNE Logistical Support Equipment
Response -- CBRNE - Logistics and Supply Chain
Management; AEL #19GN-00-FUEL, 19MH-00-BULK,
19MH-00-CART; 10GE-00-GENR; 21GN-00-SHIP; tine item
2023-11
1
$310,980,00
$310,980.00
9
Intervention Equipment (e.g., tactical'entry, crime scene processing)
Critical emergency supplies
NP3 - DVE -. Screening, Search, Detection (Fingerprint
Scanner); AEL #26CS-01-AFIS, 09MY-01-FPRN; Line item
2023-03
1
$37,968.00
$37,968.00
3
Other authorized equipment costs (include any construction or renovation costs in this category; Written approval must be
provided by:FEMA"prior to the use of any funds for construction or renovation)
NP1 - ST/CP - Prevention - Interdiction and Disruption
(Maritime Radar Tower); AEL #21GN-00-CNST, 14SW-02-
RADR, I4SW-02-TOWR; Line item 2023-01
1
$40,000.00
$40,000.00
1
NP2 -1 & 1-- Prevention - Intelligence and Info Sharing
(Fusion Center Operations); AEL #21GN-00-OCEQ, 041IW-
01-INHW, 121T-00-INTL,131T-00-ALRT; Line item 2023-02
1
$250,000.00
$2550,000.00
2
NP2 - I & I - Prevention - Intelligence and Info Sharing
(RTCC Project); AEL #21GN-00-OCEQ, 04HW-01-INHW,
04MD-03-DISP and 21GN-00-INST; Line item 2023-02
1
$500,000,00
$500,000.00
2
NP4 - Community Preparedness and Resilience (CERT
Initiative); AEL #21GN-00-CCEQ, 06CP-01-PORT, 19GN-
00-BGPK; Line item 2023-04
1
$349,813.00
$349,813.00
4
43
Cross Cutting — Operational Coordination (EOC
Enhancements); AEL #21GN-00-OCEQ; 14C1-00-COOP,
07SE-03-ENVS, 06CC-05-PRTY, 06CC-02-DSAD, 21 GN-00-
INST, 04MD-03-DISP, 04HW-01-INHW, 04HW-03-NETD;
04SN-01-XMIT; 21GN-00-INST, 21GN-00-CNST, 04MD-02-
PROJ, 06CC-01-CELL, 06CP-05-VCON; Line item 2023-08
1
$458,204.00
$458,204.00
7
Mitigation — Long -Term Vulnerability Reduction
(Maintenance and Sustainment); AEL #21GN-00-MAIN;
Line item 2023-09
1
$413,252.00
$413,252.00
8
TOTAL EQUIPMENT EXPENDITURES
$9,629,088.00
;3&1,— . ,m - • z - � x"�,
k{��b .
i-s - `. 0 PAP 1Y-..., r t . r
%�
'9L "-'� ,
Hiring of full-time or part-time staff or
contractors/consultants: to assist with the management of
the respective grant program; application requirements,
and compliance with reporting and data collection
requirements
M & A Personnel Salary, Line item 2023-16
1
$500,000.00
$500,000.00
Development of operating plans for information collection
and processing necessary to respond to DHS/FEMA data
calls
Overtime and backfill costs — Overtime expenses are
defined as the result of personnel who worked over and
above 40 hours of weekly work time in the performance of
FEMA — approved activities within the scope of this grant.
Backfill Costs also called "Overtime as Backfill" are defined
as expenses from the result of personnel who are working
overtime in order to perform the duties of other personnel
who are temporarily assigned to FEMA — approved
activities outside their core responsibilities. Neither
overtime nor backfill expenses are the result of an increase
of Full — Time Equivalent (FTEs) employees.
,
Travel expenses
Meeting -related expenses
Authorized office equipment: including personal computers,
laptop computers, printers, LCD projectors, and other
equipment or software which may be required to support the
implementation of the homeland security strategy.
Office Supplies and Equipment, Line item 2023-16
1
$40,000.00
$40,000.00
The following are allowable only within the agreement
period: Recurring fees/charges associated with certain
equipment, such as cell phones, faxes, Leasing and/or
renting of space for newly hired personnel to administer
programs within the grant program.
Recurring Expenses, Line item 2023-16
1
$20,500.00
$20,500.00
44
Completing the Civil Rights Evaluation Tool
Conducting activities related to evaluating project
effectiveness for HSGP-funded projects
TO AL M&A EXP NDITLJRES
$560,500
TOTAL AWARD EXPENDITURES
$13,802,313.00
45
ATTACHMENT B
SCOPE OF WORK
Sub -Recipients shall comply with all the requirements in 2 C.F.R. Part 200 (Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards).
The purpose of the FY 2023 HSGP is to support state and local efforts to prevent terrorism and other
catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the
security of the United States. Funding is provided to perform eligible activities as identified in the Domestic
Homeland Security — Federal Emergency Management Agency National Preparedness Directorate Fiscal
Year 2023 Homeland Security Grant Program (HSGP), consistent with the Department of Homeland
Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below:
Issue and Project Description — Issue 45: The Urban Area Security Initiative (UASI) has
allowable Management and Administration (M&A) costs associated with it. The Division of
Emergency Management, as the designated State Administrative Agency, will retain five (5) percent
of the total UASI amount allocated to Florida for M&A purposes. These funds will provide the SAA
with the means to manage and administer the UASI grant. The proper management and
administration of these funds ensures that each project listed will be fulfilled, or partially fulfilled, more
efficiently while remaining in compliance with the DHS Federal Fiscal Year 2023 Homeland Security
Grant Program Guidance.
II. Categories and Eligible Activities
FY 2023 allowable costs are divided into the following categories for this agreement: Planning,
Organizational, Exercise, Training, Equipment and Management and Administration. Each
category's allowable costs have been listed in the "Budget Detail Worksheet" above.
A. Allowable Planning Related Costs
HSGP funds may be used for a range of emergency preparedness and management planning
activities such as those associated with the development, review, and revision of the THIRA, SPR,
continuity of operations plans, and other planning activities that support the Goal and placing an
emphasis on updating and maintaining a current EOP that conforms to the guidelines outlined in CPG
101 v 2.0. Planning efforts may include:
• Developing hazard/threat-specific annexes that incorporate the range of prevention,
protection, response, and recovery activities;
• Developing and implementing homeland security support programs and adopting DHS/FEMA
national initiatives;
• Developing related terrorism and other catastrophic event prevention activities;
• Developing and enhancing plans and protocols;
• Developing or conducting assessments;
• Hiring of full -or part-time staff or contract/consultants to assist with planning activities (notfor
the purpose of hiring public safety personnel fulfilling traditional public safety duties);
• Materials required to conduct planning activities;
• Travel/per diem related to planning activities;
• Overtime and backfili costs (in accordance with operational Cost Guidance);
• Issuance of WHTI-compliant Tribal identification card;
• Activities to achieve planning inclusive of people with disabilities and others with access and
functional needs;
• Coordination with Citizen Corps Councils for public information/education and developmentof
volunteer programs;
• Coordination and material support to Citizen Corps Councils and local firehouses for the
establishment, training and maintenance of CERTs
• Update governance structures and processes and plans for emergency communications;
• Development, and review and revision of continuity of operations plans;
• Development, and review and revision of the THIRA/SPR continuity of operations plans;
46
• Developing or conducting equity assessments to address planning and preparedness
disparities for historically underserved communities
• Activities to achieve planning inclusive of people with limited English proficiency,
Planning efforts can also include conducting risk and resilience assessments on increasingly
connected cyber and physical systems, on which security depends, using the Infrastructure
Resilience Planning Framework and related Cybersecurity and Infrastructure Security Agency (CISA)
resources. Additionally, SHSP and UASI funds may be used for planning efforts related to state court
cybersecurity, 911 call capabilities, alert and warning capabilities, and implementation of the REAL ID
Act (Pub. L. No, 109-13).
B. Allowable Organization Related Costs (HSGP and UASI Only)
Sub -Recipients proposed expenditures of HSGP or UASI funds to support organization activities
include:
• Program Management;
• Development of whole community partnerships;
• Structures and mechanisms for information sharing between the public and private sector;
• Implementing models, programs, and workforce enhancement initiatives;
• Tools, resources, and activities that facilitate shared situational awareness between the
public and private sectors;
• Operational Support;
• Utilization of standardized resource management concepts;
• Responding to an Increase in the threat level under the National Terrorism Advisory System
(NTAS) or needs resulting from a National Special Security Event;
• Reimbursement for select operational expenses associated with increased security measures
at critical infrastructure sites incurred (up to 50 percent of the allocation)
• Migrating online services to the ".gov" Internet domain; and
• Overtime for information, investigative, and intelligence sharing activities (up to 50 percentof
the allocation)
• Paying salaries and benefits for personnel to serve as qualified Intelligence Analysts, Perthe
Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of
Homeland Security Act, Pub. L. No. 110-412, § 2, codified in relevant part, as amended, at6
U,S.C. § 609(a), HSGP 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 es support existing intelligence analysts previously covered by HSGP or
UASI funding. See 6 U.S,C, § 609(a). To be hired as an intelligence analyst, staff and/or
contractor personnel must meet at least one of the following criteria:
• 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.
• Hiring or maintaining staff positions/contractors/consultants at SLTT levels to deliver
community preparedness training, resources and material to schools, community -based
organizations, faith -based institutions and local businesses.
• Hiring or maintaining staff positions/contractors/consultants to create, support and maintain
CERT or Teen CERT
intelligence Analyst Activities Allowable Costs (HSGP and UASI)
All fusion center analytical personnel must demonstrate qualifications that meet or exceed
competencies identified in the Common Competencies for state, local, and tribal Intelligence
Analysts, which outlines the minimum categories of training needed for intelligence analysts. A
47
certificate of completion of such training must be on file with the SAA.
The following analytic courses have been reviewed for compliance with the Common Competencies for
State, Local, and Tribal Intelligence Analysts and approved by FEMA for inclusion in the FEMA National
Preparedness Directorate (NPD), National Training and Education Division (NTED) Course Catalog and
the FEMA NPD, NTED State and Federal Sponsored Course Catalog.
These courses also meet analytic training requirements for fusion center analysts set forth in
the Homeland Security Grant Program (HSGP):
• DHS Basic Intelligence and Threat Analysis Course (BITAC) (DHS-008-PREV)
• DHS Critical Thinking and Analytic Methods (CTAM) (AWR-231)
• DHS Introduction to Risk Analysis Course
• DHS Intermediate Risk Analysis Course
• DHS Principles of Intelligence Writing and Briefing (PIWB) (PER-301)
• Foundations in Intelligence Analysis Training (FIAT) (WV-001-PREY)
• Fundamentals of Suspicious Activity Reporting Analysis (DHS-034-PREV)
• Intelligence Analyst Professional Development Program (IAPDP) — Texas (DHS-032-PREV)
• Intermediate Fusion Center Analyst Training: Analysis and Terrorism Prevention (CA-026-PREV)
• Intermediate Fusion Center Analyst Training: Strategic Analysis and Oral Briefings (CA-025-
PREV)
• Law Enforcement Analyst Program (FL-002-PREV)
• ODNI Analysis 101 (DHS-007-PREV)
• Suspicious Activity Reporting: The Analytic Role (DHS-035-PREV)
• Terrorism Intelligence Analysis (CA-018-PREV)
States and Urban Areas must justify proposed expenditures of HSGP or UASI funds to support
organization activities within their IJ submission. All Urban Areas are allowed up to 50 percent (50%) of
their UASI funding for personnel costs. At the request of a Sub -Recipient of a grant, the FEMA
Administrator may grant a waiver of the 50 percent (50%) limitation noted above. Request for waivers to
the personnel cap must be submitted by the SAA to GPD in writing on official letterhead, with the
following information:
• Documentation explaining why the cap should be waived;
• Conditions under which the request is being submitted; and
• A budget and method of calculation of personnel costs both in percentages of the grant award
and in total dollar amount. To avoid supplanting issues, the request must also include athree-
year staffing history for the requesting entity.
Organizational activities under HSGP and UASI include:
Operational Overtime Costs. In support of efforts to enhance capabilities for detecting, deterring,
disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs
are allowable for increased protective security measures at critical infrastructure sites or other high -risk
locations and to enhance public safety during mass gatherings and high -profile events. In that regard,
HSGP Sub -Recipients are urged to consider using grant funding to support soft target preparedness
activities. HSGP or UASI funds may be used to support select operational expenses associated with
increased security measures in the authorized categories cited below:
• Backfill and overtime expenses for staffing State or Major Urban Area fusion centers;
• Hiring of contracted security for critical infrastructure sites;
• Participation in Regional Resiliency Assessment Program (RRAP) activities;
• Public safety overtime;
• Title 32 or State Active -Duty National Guard deployments to protect critical infrastructure sites,
including all resources that are part of the standard National Guard deployment package (Note:
48
Consumable costs, such as fuel expenses, are not allowed except as part of the standard
National Guard deployment package);
• Increased border security activities in coordination with CBP;
• National Terrorism Advisory System;
• Designated National Security Events;
• Special Event Assessment Rating (SEAR) Level 1 through 4 Events
• States of Emergency;
• National Critical Infrastructure Prioritization Program (NCIPP);
• Directed Transit Patrols; and
• Operational Support to a Federal Agency.
Operational Overtime Requests:
• Except for an elevated NTAS alert, HSGP or UASI funds may only be spent for operational
overtime costs upon prior written approval by FEMA. The SAA must submit operational
overtime requests in writing to its assigned FEMA Program Analyst (PA). FEMA will consider
requests for special event activities up to one year in advance. However, such requests must
be within the award's current period of performance and must not result in the need for a
request to extend the period of performance.
• All operational overtime requests must clearly explain how the request meets the criteria of
one or more of the categories listed above. Requests must address the threat environment as
it relates to the event or activity requiring operational overtime support and explain how the
overtime activity is responsive to the threat.
• Post -event operational overtime requests will only be considered on a case -by -case basis,
where it is demonstrated that exigent circumstances prevented submission of a request in
advance of the event or activity.
• Under no circumstances may DHS/FEMA grant funding be used to pay for costs already
supported by funding from another federal source.
• States with UASI jurisdictions can use funds retained at the state level to reimburse eligible
operational overtime expenses incurred by the state (per the above guidance limitations).Any
UASI funds retained by the state must be used in direct support of the high -risk urban area.
States must provide documentation to the UAWG and DHS/FEMA upon request
demonstrating how any UASI funds retained by a state would directly support the high -risk
urban area.
• FEMA will consult and coordinate with appropriate OHS components as necessary to verify
information used to support operational overtime requests.
Personnel Costs (HSGP and UASI)
Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform allowable
HSGP planning, training, exercise, and equipment activities. Personnel may include but are not limited to
training and exercise coordinators, program managers for activities directly associated with HSGP and
UASI funded activities, intelligence analysts, and Statewide interoperability coordinators (SWICs).
Sub -Recipients should refer to Information Bulletin No, 421b, Clarification on the Personnel
Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008 (Public
Law 110-412 -- the PRICE Act), October 30, 2019. HSGP funds may not be used to support the hiring of
any personnel to fulfil traditional public health and safety duties nor to supplant traditional public health
and safety positions and responsibilities.
The following definitions apply to personnel costs:
• Hiring. State and local entities may use grant funding to cover the salary of newly hired
personnel who are exclusively undertaking allowable DHS/FEMA grant activities asspecified
in this guidance. This may not include new personnel who are hired to fulfill any non-
DHS/FEMA program activities under any circumstances. Hiring will always result in a net
increase of Full Time Equivalent (FTE) employees.
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• Overtime. These expenses are limited to the additional costs that result from personnel
working over and above 40 hours of weekly work time as the direct result of their performance
of DHSIFEMA-approved activities specified in this guidance. Overtime associated with any
other activity is not eligible.
• Backfil!-Related Overtime. Also called "Overtime as Backfill," these expenses are limited to
overtime costs that result from personnel, who are working overtime (as identified above) to
perform the duties of other personnel who are temporarily assigned to DHS/FEMA-approved
activities outside their core responsibilities. Neither overtime nor backfill expenses are the
result of an increase of FTE employees.
• Supplanting. Grant funds will be used to supplement existing funds and will not replace
(supplant) funds that have been appropriated for the same purpose. Applicants or recipients
may be required to supply documentation certifying that a reduction in nonfederal resources
occurred for reasons other than the receipt or expected receipt of federal funds.
C. Allowable Organization Related Costs (OPSG)
Personnel Costs: OPSG funds may be used for domestic travel and per diem, including costs
associated with the deployment/redeployment of personnel to border areas and for travel associated
with law enforcement entities assisting other local jurisdictions in law enforcement activities (travel
costs must be in accordance with applicable travel regulations).
Up to 50 percent of an OPSG award may be used to pay for all personnel costs (only to the extent
that such expenses are for the allowable activities within the scope of the grant). At the request of a
recipient or Sub -Recipient, the FEMA Administrator (or designee) may waive the 50 percent
personnel cap. Waiver decisions are at the discretion of the FEMA Administrator and will be
considered on a case -by -case basis. Further, changes in scope or objective also require FEMA's
prior written approval pursuant to 2 C.F.R. § 200.308(c)(1)(i). A formal OPSG personnel waiver
request should:
• Be on official letterhead, include a written justification, and be signed by the local jurisdiction.
• Include a budget and method of calculation of personnel costs both in the percentage ofthe
grant award and in total dollar amount, reflecting the change in scope or objective to the
project.
• Include an approved Operations Order from the USBP Sector office that supports the local
jurisdiction's written justification.
• Be coordinated with the USBP Sector, SAA, and the DHS/CBP Office of the Border Patrol
(OBP).
As with all OPSG personnel costs, OPSG grant funds shall be used to supplement existing funds and
will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or
recipients may be required to supply documentation certifying that a reduction in non-federal
resources occurred for reasons other than the receipt or expected receipt of federal funds.
Temporary or Term Appointments
• Sub -Recipients may utilize temporary or term appointments to augment the law enforcement
presence on the borders. However, applying funds toward hiring full-time or permanent sworn
public safety officers is unallowable.
• OPSG-funded temporary or term appointments may not exceed the approved period of
performance.
• For OPSG purposes, temporary appointments are non -status appointments for less
than one year.
• For OPSG purposes, term appointments are non -status appointments for one year,
extendable for one year as necessary.
• OPSG funding for temporary or term appointments may pay for salary only. Benefits are not
allowable expenses for term or temporary employees.
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• OPSG remains a non -hiring program. Appropriate uses of temporary or term appointments
include:
• To carry out specific enforcement operations work for ongoing OPSG-funded patrols
throughout the Sector Area of Operation;
• To staff operations of limited duration; such as OPSG-enhanced enforcement patrols
targeting specific locations or criminal activity; and,
• To fill OPSG positions in activities undergoing transition or personnel shortagesand
local backfill policies (medical/military deployments).
• OPSG term and temporary appointments must have all necessary certifications and training
to enforce state and local laws. °PSG funds will not be used to train or certify term or
temporary appointments except as otherwise stated in the OPSG section of the
Preparedness Grants Manual and the HSGP NOFO.
• In addition to these terms Sub -Recipients must follow their own applicable policies and
procedures regarding temporary or term appointments.
Operational Overtime Costs: OPSG funds should be used for operational overtime costs
associated with law enforcement activities in support of border law enforcement agencies for
increased border security enhancement. Overtime pay is for enhanced patrol for certified public
safety officers, along limited support for other law enforcement direct support personnel (e,g.,
Communication Officers/Dispatchers, non -sworn patrol pilots, etc.). Overtime shall be reimbursed
consistent with the non-federal entity's overtime policy and the requirements as stated below:
• Overtime is time worked that exceeds the required number of hours during an employee's
designated shift.
• Overtime must be worked to increase patrol capacity and be in support of identified and
approved USBP border security operations.
• The OPSG overtime hourly rate of pay will be no more than the approved overtime rate per
focal law and policy and must be in accordance with applicable State and Federal
regulations.
• All overtime expenses under OPSG must be reasonable for the services rendered and
conform to the non-federal entity's established written policy, which must apply to both
federally funded and non -federally funded activities and comply with the other applicable
requirements under 2 C.F.R. §§ 200.430-200.431.
• The non-federal entity may not utilize OPSG funding to pay for an employee's overtime hours
or pay that exceeds 16 hours worked in any 24-hour period,
Unallowable Costs (OPSG)
OPSG unallowable costs include costs associated with evidence collection, arrest processing,
prosecution, and Traffic/DUI checkpoints, such as evidence documentation cameras, fingerprinting
supplies, alcohol breathalyzers, portable work lights, traffic barricades, and similar law enforcement
expenses. Additional unallowable costs also include costs associated with staffing and general IT
computing equipment and hardware, such as personal computers, faxes, copy machines, modems,
etc, OPSG is not intended as a hiring program. Therefore, applying funds toward hiring full-time or
permanent sworn public safety officers is unallowable. OPSG funding shall not be used to supplant
inherent routine patrols and law enforcement operations or activities not directly related to providing
enhanced coordination between local and federal law enforcement agencies. Finally, construction
and/or renovation costs, and exercise expenses are prohibited under OPSG,
D. Management and Administration (M&A)
Management and administration (M&A) activities are those directly relating to the management and
administration of HSGP funds, such as financial management and monitoring. Sub -Recipients
awarded M&A costs under this agreement can retain a maximum of up to 5% of their total agreement
award amount for M&A costs,
Allowable M&A activities include:
• Hiring of full-time or part-time staff or contractors/consultants:
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• To assist with the management of the respective grant program.
• To assist with application requirements.
• To assist with compliance reporting and data collection requirements.
• Development of operating plans for information collection and processing necessary to
respond to DHS/FEMA data calls
• Overtime and backfill costs
• Travel
• Meeting related expenses
• Authorized office equipment
• Recurring expenses such as those associated with cell phones and faxes during the period of
performance of the grant program
• Leasing or renting of space for newly hired personnel during the period of performance of the
grant program
• Completing the Civil Rights Evaluation Tool
• Conducting activities related to evaluating project effectiveness for HSGP-funded projects
Management and Administration (M&A) (OPSG)
Management and administration (M&A) activities are those directly relating to the management and
administration of OPSG funds, such as financial management and monitoring, Recipients may retain
up to 2.5% of the overall OPSG allocation prior to passing -through funding to Sub -Recipients. This
funding must be deducted in an equal percentage from each Sub -Recipient. Sub -Recipients and
friendly forces may retain funding for M&A purposes; however, the total amount retained cannot
exceed 5 percent of the Sub -Recipient's subaward. Friendly forces are local law enforcement entities
that are subordinate Sub -Recipients under OPSG. In other words, friendly forces are entities that
receive a subaward from a Sub -Recipient under the OPSG program. Friendly forces must comply
with all requirements of Sub -Recipients under 2 C.F,R. Part 200.
E. Allowable Equipment Related Costs (SHGP and UASI)
The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories for
HSGP are listed on the Authorized Equipment List (AEL). The AEL is available at
https:/lwww.fema.gov/authorized-equipment-list. Some equipment items require prior approval from
DHS/FEMA before obligation or purchase of the items, Please reference the grant notes for each
equipment item to ensure prior approval is not required or to ensure prior approval is obtained if
necessary. Unless otherwise stated, all equipment must meet all mandatory regulatory and/or
DHS/FEMA-adopted standards to be eligible for purchase using these funds. In addition, recipients
will be responsible for obtaining and maintaining all necessary certifications and licenses for the
requested equipment.
Grant funds may be used for the procurement of medical countermeasures. Procurement of medical
countermeasures must be conducted in collaboration with State/city/local health departments who
administer Federal funds from HHS for this purpose, Procurement must have a Sound threat -based
justification with an aim to reduce the consequences of mass casualty incidents during the first crucial
hours of a response. Prior to procuring pharmaceuticals, grantees must have in place an inventory
management plan to avoid large periodic variations in supplies due to coinciding purchase and
expiration dates. Grantees are encouraged to enter into rotational procurement agreements with
vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of
expired drugs within each fiscal year's period of performance for HSGP. The cost of disposal cannot
be carried over to another FEMA grant or grant period.
The equipment, goods, and supplies ("the eligible equipment") purchased with funds provided
under this agreement are for the purposes specified in "Florida's Domestic Security
Strategy". Equipment purchased with these funds will be utilized in the event of emergencies,
including, but not limited to, terrorism -related hazards. The Sub -Recipient shall place the
equipment throughout the State of Florida in such a manner that, in the event of an emergency,
the equipment can be deployed on the scene of the emergency or be available for use at a fixed
52
location within two (2) hours of a request for said deployment. The Florida Division of Emergency
Management (FDEM) must approve any purchases of equipment not itemized in a project's
approved budget in advance of the purchase.
The Sub -Recipient will, in accordance with the statewide mutual aid agreement or other
emergency response purpose as specified in the "Florida Domestic Security Strategy," ensure
that all equipment purchased with these funds is used to respond to any and all incidents within
its regional response area as applicable for so long as this Agreement remains in effect. Prior to
requesting a response, the FDEM will take prudent and appropriate action to determine that the
level or intensity of the incident is such that the specialized equipment and resources are
necessary to mitigate the outcome of the incident.
Allowable Equipment (OPSG)
OPSG equipment is intended to be incidental to the enhanced border security operations being
performed. The grant is not intended to be used to outfit or supply general equipment to SLTT
law enforcement agencies. Equipment must be relatable to and justified by the operational
benefit it will provide.
• Equipment Marking. Because equipment purchased with OPSG funding is intended to
be used to support OPSG activities, it may be appropriately marked to ensure its ready
identification and primary use for that purpose. When practicable, any equipment
purchased with OPSG funding should be prominently marked as follows:
"Purchased with OHS funds for Operation Stonegarden Use"
• Fuel Cost and/or Mileage Reimbursement. There is no cap for reimbursement of fuel
and mileage costs in support of operational activities.
❑ Vehicle and Equipment Acquisition, Including Leasing and Rentals: Allowable
purchases under OPSG include patrol vehicles and other mission -specific equipment
whose primary purpose is to increase operational capabilities on or near a border nexus
in support of approved border security operations. A detailed justification must be
submitted to the respective FEMA HQ Program Analyst prior to purchase.
• Medical Emergency Countermeasures: Allowable purchases under OPSG include
narcotic antagonist pharmaceuticals, detection and identification equipment, safe
storage and transportation, personnel protective equipment, and initial equipment
training, as will be reflected in the AEL and explained in IB 438.
Additional Equipment Information
FEMA Policy 207-22-0002: Prohibited or Controlled Equipment Under FEMA Awards establishes
both a prohibited equipment list and a controlled equipment list.
Prohibited Equipment List: Identifies items that are prohibited from purchase under FEMA awards.
The list also includes exceptions for otherwise prohibited items that are allowable under certain
circumstances, as well as procedures for obtaining FEMA approval for those items. Subrecipients
should refer to applicable program guidance or contact appropriate SAA program staff to determine
whether a particular type of equipment is allowable under a specific grant program. The list of
prohibited items includes, but is not limited to:
❑ Weapons, weaponized aircraft, vessels, and vehicles of any kind
❑ Weaponized drones and weapons systems
❑ Ammunition
lJ Explosives
❑ Armored and Tactical Vehicles, with certain exceptions
53
Controlled Equipment List: Identifies certain items that may only be purchased with FEMA awards
if additional certifications and controls are imposed on their acquisition or use. Even if equipment is
listed as controlled equipment and is not outright prohibited, that does not automatically make it
allowable under a particular FEMA program. Subrecipients should refer to applicable program
guidance or contact applicable SAA program staff to determine if a particular type of equipment is
allowable under that program. The list of controlled items includes, but is not limited to:
E Manned Aircraft, Fixed and Rotary Wing
❑ Unmanned Aircraft Systems (UAS) and Small Unmanned Aircraft Systems (SUAS)
O Kinetic Entry/Breaching Apparatus
Grant subreciplents may not modify equipment acquired using federal resources In a manner that
would cause it to be considered prohibited equipment. In addition, grant recipients and subrecipients
may not modify equipment acquired using federal resources that would cause it to be considered
controlled equipment, absent specific written approval from FEMA and adherence to all relevant
requirements.
F. Unallowable Equipment Costs (HSGP, UASI and OPSG)
Per FEMA policy, the purchase of weapons and weapons accessories, including ammunition, is not
allowed with HSGP funds, Grant funds may not be used for the purchase of equipment not approved
by DHS/FEMA. Grant funds must comply with IB 426 and may not be used for the purchase of the
following equipment:
• Firearms; ammunition; grenade launchers; bayonets; orweaponized aircraft, vessels, or
vehicles of any kind with weapons installed.
• Unauthorized exercise -related costs include:
• Reimbursement for the maintenance or wear and tear costs of general use vehicles
(e.g., construction vehicles), medical supplies, and emergency response apparatus
(e.g., fire trucks, ambulances).
• Equipment that is purchased for permanent installation and/or use, beyond the scope
of the conclusion of the exercise (e,g., electronic messaging sign).
G. Requirements for Small Unmanned Aircraft System (SHSP, UASI, and OPSG)
All requests to purchase Small Unmanned Aircraft Systems (SUAS) with FEMA grant funding must
comply with IB 426 and IB 438 and include a description of the policies and procedures in place to
safeguard individuals' privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take
title to or otherwise use the SUAS equipment.
H. Acquisition and Use of Technology to Mitigate UAS (Counter-UAS)
Prior to the testing, acquisition, installation, or use of UAS detection and/or mitigation systems,
Sub -Recipients should seek the advice of counsel experienced with both federal and state
criminal, surveillance, and communications laws. Sub -Recipients should conduct their own legal
and technical analysis of each UAS detection and/or mitigation system and should not rely solely
on vendors' representations of the systems' legality or functionality. For further information please
see the DHS press release on this topic: https://www.dhs.gov/news/2020/08/17/interagency-
issues-advisory-use-technology-detect-and-mitigate-unmanned-aircraft.
I. Allowable Training Related Costs (SHGP and UASI)
Allowable training -related costs under HSGP include the establishment, support, conduct, and
attendance of training specifically identified under the HSGP and UASI programs and/or in
conjunction with emergency preparedness training by other Federal agencies (e.g., HHS and DOT).
Training conducted using HSGP funds should address a performance gap identified through an
AAR/IP or other assessments (e.g., National Emergency Communications Plan NECP Goal
Assessments) and contribute to building a capability that will be evaluated through a formal exercise,
Any training or training gaps, including those for children, older adults, pregnant women, and
individuals with disabilities and others who also have access or functional needs, should be identified
in the AAR/IP and addressed in the state or Urban Area training cycle. Sub -Recipients are
54
encouraged to use existing training rather than developing new courses. When developing new
courses, Sub -Recipients are encouraged to apply the Analysis, Design, Development,
Implementation and Evaluation (ADDIE) mode! of instructional design. Allowable training activities
include:
• Overtime and backfill for emergency preparedness and response personnel attending
DHS/FEMA-sponsored and approved training classes
• Overtime and backfill expenses for part-time and volunteer emergency response
personnel participating in DHS/FEMA training
• Training workshops and conferences
• Activities to achieve training inclusive of people with disabilities and others with access
and functional needs
• Full- or part-time staff or contractors/consultants
• Travel
• Supplies associated with allowable approved training that are expended or consumed
during the course of the planning and conduction of the exercise project(s)
• Instructor certification/re-certification
• Coordination with Citizen Corps Councils in conducting training exercises
• Preparedness training for community preparedness initiatives and programs
• Interoperable communications training
• Activities to achieve training inclusive of people with limited English proficiency
• Immigration enforcement training
Additional Training Information
Per DHS/FEMA Grant Programs Directorate Policy IB 432, Review and Approval Requirements for
Training Courses Funded Through Preparedness Grants, issued on July 19, 2018, states, territories,
Tribal entities and high -risk urban areas are no longer required to request approval from FEMA for
personnel to attend non-DHS FEMA training as long as the training is coordinated with and approved by
the state, territory, Tribal or high -risk urban area Training Point of Contact (TPOC) and fails within the
FEMA mission scope and the jurisdiction's Emergency Operations Plan (EOP). The only exception to this
policy is for Countering Violent Extremism courses. DHS/FEMA will conduct periodic reviews of all state,
territory, and Urban Area training funded by DHS/FEMA. These reviews may include requests for all
course materials and physical observation of, or participation in, the funded training. If these reviews
determine that courses are outside the scope of this guidance, Sub -Recipients will be asked to repay
grant funds expended in support of those efforts.
For further information on developing courses using the instructional design methodology and tools that
can facilitate the process, TPOCs are encouraged to review the NTED Responder Training Development
Center (RTDC) website.
DHS/FEMA Provided Training. These trainings include programs or courses developed for and
delivered by institutions and organizations funded by DHS/FEMA. This includes the Center for Domestic
Preparedness (CDP), the Emergency Management Institute (EMI), and the National Training and
Education Division's (NTED) Training Partner Programs (TPP). TPP includes the Center for Homeland
Defense and Security, National Domestic Preparedness Consortium (NDPC), Rural Domestic
Preparedness Consortium (RDPC), and training partners through the Continuing Training Grants
program.
Approved State and Federal Sponsored Course Catalogue. This catalogue lists state and Federal
sponsored courses that fall within the DHS/FEMA mission scope and have been approved through the
FEMA course review and approval process. An updated version of this catalog can be accessed at:
www.firstrespondertraining.gov.
Training Not Provided by DHS/FEMA. These trainings include courses that are either state sponsored
or Federal sponsored (non-DHS/FEMA), coordinated and approved by the SAA or their designated
55
TPOC, and fall within the DHS/FEMA mission scope to prepare state, local, Tribal, andterritorial
personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or
catastrophic events.
• State Sponsored Courses. These courses are developed for and/or delivered by institutions
or organizations other than Federal entities or FEMA and are sponsored by the SAA or their
designated TPOC.
• Joint Training and Exercises with the Public and Private Sectors, These courses are
sponsored and coordinated by private sector entities to enhance public -private partnerships
for training personnel to prevent, protect against, mitigate, respond to, and recover fromacts
of terrorism or catastrophic events. In addition, States, territories, Tribes, and Urban Areas
are encouraged to incorporate the private sector in government -sponsored training and
exercises.
Additional information on both DHS/FEMA provided training and other federal and state training can be
found at: www,firstrespondertraining.gov.
Training Information Reporting System ("Web -Forms"). Web -Forms is an electronic form/data
management system built to assist the SAA and its designated State, territory and Tribal Training Point of
Contact (TPOC). Reporting training activities through Web -Forms is not required under FY 2023 HSGP,
however, the system remains available and can be accessed through the FEMA Toolkit located at
https://www.firstrespondertraining.gov/frt/webforms in order to support grantees in their own tracking of
training deliveries.
FDEllft State Training Office Conditions: For the purposes of this Agreement, any training course listed
on the DHS approved course catalog qualifies as an authorized course. The Sub -Recipient can
successfully complete an authorized course either by attending or conducting that course.
• In order to receive payment for successfully attending an authorized training course, the Sub -
Recipient shall provide the Division with a certificate of course completion; additionally, the
Sub -Recipient shall provide the Division with all receipts that document the costs incurred by
the Sub -Recipient in order to attend the course.
• in order the receive payment for successfully conducting an authorized course, the Sub -
Recipient shall provide the Division with the course materials and a roster sign -in sheet,
additionally, the Sub -Recipient shall provide the Division with all receipts that documentthe
costs incurred by the Sub -Recipient in order to conduct the course."
• For courses that are non-DHS approved training, Sub -Recipient shall request approval to
conduct training through the use of the Non-TED Form and provide a copy, along with email,
showing approval granted for conduct.
• For the conduct of training workshops, Sub -Recipient shall provide a copy of the course
materials and sign -in sheets.
• The number of participants shall be a minimum of 15 in order to justify the cost of holding a
course. For questions regarding adequate number of participants please contact the FDEM
State Training Officer for course specific guidance. Unless the Sub -Recipient receives
advance written approval from the State Training Officer for the number of participants,then
the Division shall reduce the amount authorized for reimbursement on a pro-rata basis for
any training with less than 15 participants.
• The Sub -Recipient shall include with the reimbursement package a separate copy ofthe
page(s) from the State (and County or Regional) Integrated Preparedness Plan (IPP)
reflecting the training.
56
Certain training activities require Environmental Planning and Historic Preservation (EHP)
Review, including exercises, drills or training that require any land, water, or vegetation
disturbance or building of temporary structures or that are not located at facilities designed to
conduct training and exercises. Please reference the EHP sections in the NOFO and this
Agreement for more information.
J. Allowable Exercise Related Costs
Exercises conducted with grant funding should be managed and conducted consistent with HSEEP.
HSEEP guidance for exercise design, development, conduct, evaluation, and improvement planning
is located at https:llwww.fema.gov/emergency-managerslnational-prepared nesslexercises/hseep.
Allowable exercise activities include:
• Design, Develop, Conduct, and Evaluate an Exercise
• Full or part-time staff or contractors/consultants
• Overtime and backfill costs, including expenses for part-time and
response personnel participating in DHS/FEMA exercise
• Implementation of HSEEP
• Activities to achieve exercises inclusive of people with disabilities
functional needs
• Travel
• Supplies associated with allowable approved exercises
• Interoperable communications exercises
volunteer emergency
and others with access and
Additional Exercise Information
Sub -Recipients that decide to use HSGP funds to conduct an exercise(s) are encouraged to complete
a progressive exercise series. Exercises conducted by states and high risked urban areas may be
used to fulfill similar exercise requirements required by other grant programs. Sub -Recipients are
encouraged to invite representatives/planners involved with other Federally mandated or private
exercise activities. States and high risked urban areas are encouraged to share, at a minimum, the
multi -year training and exercise schedule with those departments, agencies, and organizations
included in the plan.
• Validating Capabilities. Exercises examine and validate capabilities -based planning across
the Prevention, Protection, Mitigation, Response, and Recovery mission areas. Theextensive
engagement of the whole community, including but not limited to examining the needs and
requirements for individuals with disabilities, individuals with limited English proficiency, and
others with access and functional needs, is essential to the development of an effective and
comprehensive exercise program. Exercises are designed to be progressive — increasing in
scope and complexity and drawing upon results and outcomes from prior exercises and real -
world incidents — to challenge participating communities. Consistent with Homeland Security
Exercise and Evaluation Program guidance and tools, the National Exercise Program (NEP)
serves as the principal exercise mechanism for examining national preparedness and
measuring readiness. Exercises should align with priorities and capabilities identified in an
IPP.
• Special Event Planning. If a state or Urban Area will be hosting a special event (e.g., Super
Bowl, G-8 Summit), the special event planning should be considered as a training or exercise
activity for the purpose of the IPP. States must include all confirmed or planned special
events in the IPP. The state or Urban Area may plan to use HSGP or UASI funding to finance
training and exercise activities in preparation for those events. 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.
• Regional Exercises. States should also anticipate participating in at least one Regional
Exercise annually. States must include all confirmed or planned special events in the IPP.
57
• Role of Non -Governmental Entities in Exercises, Non -governmental participation In all
levels of exercises is strongly encouraged. Leaders from non -governmental entities should be
included in the planning, design, and evaluation of an exercise. State, local, Tribal, and
territorial jurisdictions are encouraged to develop exercises that test the integration and use
of non -governmental resources provided by non -governmental entities, defined as the private
sector and private non-profit, faith -based, community, participation in exercises should be
coordinated with the local Citizen Corps Council(s) or their equivalent and other partner
agencies.
FDEM State Training Office conditions for Exercises: For the purposes of this Agreement, any
exercise which is compliant with HSEEP standards and contained in the State of Florida (and County
or Regional) IPP qualifies as an authorized exercise. The Sub -Recipient can successfully
complete an authorized exercise either by attending or conducting that exercise.
• in order to receive payment for successfully attending an authorized exercise, the Sub -
Recipient shall provide the Division with a certificate of completion or similar correspondence
signed by the individual in charge of the exercise; additionally, the Sub -Recipient shall
provide the Division with all receipts that document the costs incurred by the Sub -Recipient in
order to attend the exercise,
• In order the receive payment for successfully conducting an authorized exercise, the Sub -
Recipient shall provide the Division with an ExPLAN, AAR/!P, IPC/MPC/FPC Meeting
Minutes and Sign -in Sheet for exercise attendees; additionally, the Sub -Recipient shall
provide the Division with all receipts that document the costs incurred by the Sub -Recipient in
order to conduct the exercise. The Sub -Recipient shall include with the reimbursement
package a separate copy of the page(s) from the Exercise Plan which identifies the
participant agencies and a printed page(s) from the State (and County or Regional) IPP
reflecting the exercise.
• If you require food/water for this event, the request she come to the Division within 25days
prior to the event, in the following format:
Exercise Title:
Location:
Exercise Date:
Exercise Schedule:
Estimated Number of Participants that will be fed:
Estimated Cost for food/water:
Description of the Exercise:
Certain exercise activities require Environmental Planning and Historic Preservation (EHP)
Review, including exercises, drills or training that require any land, water, or vegetation
disturbance or building of temporary structures or that are not located at facilities designed to
conduct training and exercises. Please reference the EHP sections in the NOFO and this
Agreement for more information.
K. Maintenance and Sustainment (SHSP, UASI, and OPSG)
The use of DHS/FEMA preparedness grant funds for maintenance contracts, warranties, repair or
replacement costs, upgrades, and user fees are allowable, as described in FEMA Policy FP 205-402-
125-1 under all active and future grant awards, unless otherwise noted. Except for maintenance plans
or extended warranties purchased incidental to the original purchase of the equipment, the period
covered by maintenance or warranty plan shall not exceed the POP of the specific grant funds used
to purchase the plan or warranty.
Grant funds are intended to support the Goal by funding projects that build and sustain the core
capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover
58
from those threats that pose the greatest risk to the security of the Nation. In order to provide
recipients the ability to meet this objective, the policy set forth in FEMA's IB 379, Guidance to State
Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding, initiallyfor
FY 2007-2011, allows for the expansion of eligible maintenance and sustainment costs which must
be in (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under
the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas
contained within the Goal, and (4) shareable through the Emergency Management Assistance
Compact. Additionally, eligible costs may also be in support of equipment, training, and critical
resources that have previously been purchased with either federal grant or any other source of
funding other than DHSIFEMA preparedness grant program dollars.
L. Law Enforcement Terrorism Prevention (LETP) Activities Allowable Costs
LETP Activities eligible for use of LETPA focused funds include but are not limited to:
• Maturation and enhancement of designated state and major Urban Area fusion centers,
including information sharing and analysis, threat recognition, terrorist interdiction, and
intelligence analysts training and salaries;
• Coordination between fusion centers and other intelligence, operational, analytic, or
investigative efforts including, but not limited to Joint Terrorism Task Forces (JTTFs), Field
Intelligence Groups (FIGs), High Intensity Drug Trafficking Areas (1-IIDTAs), Regional
Information Sharing Systems (RISS) Centers, criminal intelligence units, real-time crime
analysis centers and DHS intelligence, operational, analytic, and investigative entities;
• Regional counterterrorism training programs for small, medium, and large jurisdictions to
exchange information and discuss the current threat environment, lessons learned, and best
practices to help prevent, protect against, and mitigate acts of terrorism;
• Support for coordination of regional full-scale training exercises (federal, state, and locallaw
enforcement participation) focused on terrorism -related events;
• Law enforcement Chemical, Biological, Radiological, Nuclear, and high yield Explosives
detection and response capabilities, such as bomb detection/disposal capabilitydeployment,
sustainment, or enhancement, including canine teams, robotics platforms, and x-ray
technology;
• Implementation and maintenance of the Nationwide SAR Initiative, including training forfront
line personnel on identifying and reporting suspicious activities, tips/leads, and online/social
media -based threats, as well as the execution and management of threat assessment
programs to identify, evaluate, and analyze indicators and behaviors indicative of terrorism,
targeted violence, threats to life, and other criminal activity;
• Management and operation of activities that support the execution of the intelligence process
and fusion centers, including but not limited to: Fusion Liaison Officer (FLO) programs,
security programs to protect the facility, personnel, and information, and the protection of
privacy, civil rights, and civil liberties,
• Implementation of the If You See Something, Say Something" campaign to raise public
awareness of indicators of terrorism and terrorism -related crime and associated efforts to
increase the sharing of information with public and private sector partners, including nonprofit
organizations.
n Note: DHS requires that all public and private sector partners wanting to implement
and/or expand the DI -IS "If You See Something, Say Something®" campaign using
grant funds work directly with the DHS Office of Partnership and Engagement (OPE)
to ensure all public awareness materials (e.g., videos, posters, tri-folds, etc,) are
consistent with the DHS's messaging and strategy for the campaign and compliant
with the initiative's trademark, which is licensed to DHS by the New York Metropolitan
Transportation Authority, Coordination with OPE, through the Campaign's Office
(seesay@a hq.dhs.gov), must be facilitated by FEMA.
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• Increase physical security, through law enforcement personnel and other protective
measures, by implementing preventive and protective measures at critical infrastructuresite
or at -risk nonprofit organizations;
• Development of countering violent extremism programs, projects, and initiatives, addressing
prevention, intervention, and diversion efforts, including training on roles of law enforcement
and how to effectively partner with law enforcement; developing and promoting training
specifically for law enforcement executives and frontline officers on potential behaviors and
indicators of violent extremism and how to appropriately analyze and report them; supporting
community and law enforcement engagement strategies such as table top exercises,
roundtable events, town hall meetings, and peer to peer activities; funding for existing and/or
expansion of law enforcement community relations efforts, support for the development of
community engagement plans, and joint projects to increase the awareness of violent
extremist threats and community mitigation solutions;
• Building and sustaining preventive radiological and nuclear detection capabilities, including
those developed through the Securing the Cities initiative; and
• Integration and interoperability of systems and data, such as computer aided dispatch (CAD)
and record management systems (RMS), to facilitate the collection, evaluation, and
assessment of suspicious activity reports, tips/leads, and online/social media -based threats.
M. Law Enforcement Readiness (SHSP, IJASI, and OPSG)
SHSP, UASI, or OPSG grant funds may be requested and may be approved on a case -by -case basis
for immigration enforcement training in support of the border security mission. Requests for training
will be evaluated on a case -by -case basis and can only be used for certification in the section 287(g)
program provided by DHS/ICE. SHSP, UASI, or OPSG Sub -Recipients with agreements under
section 287(g) of the Immigration and Nationality Act (8 U,S,C. § 1357(g)) to receive delegated
authority for immigration enforcement within their jurisdictions may also be reimbursed for section
287(g) related operational activities with approval from FEMA on a case -by -case basis. For OPSG,
Sub -Recipients must be authorized by USBP Headquarters and Sectors, and operational activities
must be coordinated through a USBP Sector.
OPSG grant funds may be used to increase operational, material, and technological readiness
of SLTT law enforcement agencies. The Delegation of Immigration Authority, Section 287(g) of the
Immigration and Nationality Act (INA) program allows a state or local law enforcement entity to enter
into a partnership with ICE, under a joint Memorandum of Agreement (MOA), to receive delegated
authority for immigration enforcement within their jurisdictions.
N. Regional Border Projects (OPSG)
Sub -Recipients are encouraged to prioritize the acquisition and development of regional projects
on the borders to maximize interoperability and coordination capabilities among federal agencies
and with state, local, and tribal law enforcement partners. Such regional projects include:
• Communications equipment:
• Radio systems and repeaters
• Integration with regional intelligence and information sharing effort (i.e. fusion centers)
o Intelligence analysts
• Situational Awareness equipment:
o License Plate Reader Networks
o Visual detection and surveillance systems
o Sensor Systems
o Radar Systems (for air and/or marine incursions)
o Aircraft systems (manned or unmanned)
0. Critical Emergency Supplies (SHSP and UASI)
Critical emergency supplies, such as shelf stable products, water, and medical equipment and
supplies are an allowable expense under SHSP and UASI. Prior to the allocation of grant funds
for stockpiling purposes, each state must have DHS/FEMA's approval of a five-year viable
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inventory management plan, which should include a distribution strategy and related
sustainment costs if planned grant expenditure is over $100,000.00.
If grant expenditures exceed the minimum threshold, the five-year inventory management
plan will be developed by the recipient and monitored by FEMA. FEMA will provide program
oversight and technical assistance as it relates to the purchase of critical emergency supplies
under UASI. FEMA will establish guidelines and requirements for the purchase of these
supplies under UASI and monitor development and status of the state's inventory
management plan,
P. Construction and Renovation (SHSP and UASI)
Protect construction using SHSP and UASI funds shall not exceed the greater of $1,000,000 or
15% of the grant award. For the purposes of the limitations on funding levels, communications
towers are not considered construction.
Written approval must be provided by DHS/FEMA prior to the use of any HSGP funds for
construction or renovation. When applying for construction funds, recipients shall submit
evidence of approved zoning ordinances, architectural plans, and any other locally required
planning permits. Additionally, recipients are required to submit a SF-424C form with budget
detail citing the project costs, and an SF-424D Form for standard assurances for the
construction project.
Recipients using funds for construction projects must comply with the Davis -Bacon Act (codified
as amended at 40 U.S.C. §§ 3141 et seq.). Recipients shall ensure that their contractors or
subcontractors for construction projects pay workers no less than the prevailing wages for
laborers and mechanics employed on projects of a character like the contract work in the civil
subdivision of the State in which the work is to be performed. Additional information regarding
compliance with the Davis -Bacon Act, including Department of Labor (DOL) wage
determinations, is available online at hops://www.dol.gov/whd/govoontracts/dbra.htm.
Recipients using funds for construction projects shall also comply with the requirements set forth
in the government -wide award term on Reporting Subawards and Executive Compensation
located at 2 G.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference
in the award terms and conditions.
Recipients must comply with the "Build America, Buy America" provisions of the Infrastructure
Investment and Jobs Act and E.O. 14005. Recipients of an award of Federal financial assistance
from a program for infrastructure are hereby notified that none of the funds provided under this
award may be used for a project for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States --this means all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States;
(2) all manufactured products used in the project are produced in the United States --this
means the manufactured product was manufactured in the United States; and the cost
of the components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the
minimum amount of domestic content of the manufactured product has been established
under applicable law or regulation; and
(3) all construction materials are manufactured in the United States --this means that all
manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed
in, Incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools,
equipment, and supplies, such as temporary scaffolding, brought to the construction site and
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removed at or before the completion of the infrastructure project. Nor does a Buy America
preference apply to equipment and furnishings, such as movable chairs, desks, and portable
computer equipment, that are used at or within the finished infrastructure project but are not an
integral part of the structure or permanently affixed to the infrastructure project.
Q. Communications Towers
When applying for funds to construct communication towers, Sub -Recipients shall submit
evidence that the Federal Communication Commission's Section 106 of the National Historic
Preservation Act, Pub. L. No. 89-665, as amended, review process has been completed.
R. Disposition
When original or replacement equipment, including excepted and controlled items, acquired under a
federal award is no longer needed for the original project or program or for other activities currently or
previously supported by a federal awarding agency, except as otherwise provided in federal statutes,
regulations, or federal awarding agency disposition instructions, the Sub -Recipient shall request
disposition instructions from FDEM Office of Domestic Preparedness and the State Administrative
Agency shall request disposition instructions from federal awarding agency as required by the terms
and conditions of the federal award. Excepted or controlled equipment shall not be transferred
and shall remain in the possession of the original FEMA grant recipient.
The Sub -Recipient shall notify the FDEM Office of Domestic Preparedness at: 2555 Shumard Oak
Blvd., Tallahassee, Florida 32399 one (1) year in advance of the expiration of the equipment's posted
shelf -life or normal life expectancy or when it has been expended. The Sub -Recipient shall notify the
Division immediately if the equipment is destroyed, lost, or stolen.
S. Ensuring the Protection of Civil Rights
As the Nation works towards achieving the National Preparedness Goal, it is important to continue to
protect the civil rights of individuals. Sub -Recipients shall carry out their programs and activities,
including those related to the building, sustainment, and delivery of core capabilities, in a manner that
respects and ensures the protection of civil rights for protected populations.
Federal civil rights statutes, such as Section 308 of the Stafford Act, Section 504 of the Rehabilitation
Act of 1973, and Title VI of the Civil Rights Act of 1964, Age Discrimination Act, along with DHS and
FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age,
disability, limited English proficiency, or economic status in connection with programs and activities
receiving federal financial assistance from FEMA.
Monitoring and oversight requirements in connection with Sub -Recipient compliance with federal civil
rights laws are also authorized pursuant to 44 C.F.R Part 7.
In accordance with civil rights laws and regulations, Sub -Recipients shall ensure the consistent and
systematic fair, just, and impartial treatment of all individuals, including individuais who belong to
underserved communities that have been denied such treatment.
T. National Incident Management System (NIMS) Implementation (HSGP, ()PSG, UASI only)
NIMS provides stakeholders across the whole community with the shared vocabulary, systems, and
processes to successfully deliver the capabilities described in the National Preparedness System.
and Sub -Recipients of federal preparedness (non -disaster) grant awards, jurisdictions and
organizations must achieve, or be actively working to achieve, all of the NIMS Implementation
Objectives. The objectives can be found on the NIMS webpage at https://www.fema.gov/emergency-
managers/nims/implementation-training.
U. FlrstNet
FirstNet provides public safety entities with mission -critical broadband data capabilities and
services including, but not limited to messaging, image sharing, video streaming, group text,
voice, data storage, application, location -based services, and Quality of Service, Priority, and
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Preemption. Public safety entities seeking to enhance their operational capabilities using
broadband technology may seek grant funding from appropriate programs to support the
following'
• Planning for integration of information technology (IT) infrastructure, software, and site
upgrades necessary to connect to FirstNet
• Handheld broadband devices including smartphones, feature phones, tablets,
wearables, push -to -talk (PTT) devices
• Vehicle -mounted or otherwise field operated data devices, such as ruggedized laptops
• Network access devices, including portable Wi-Fi devices, Universal Serial Bus(USS)
modems/dangles, trunk -mounted modems, routers
• Customer -Owned and Managed (LOAM) broadband deployable equipment, enabling
public safety to own and dispatch coverage expansion or capacity enhancement
equipment within their jurisdiction
• Broadband device accessories that enable efficient and safe public safety operations
such as headsets, belt clips, earpieces, remote Bluetooth sensors, ruggedized cases
• Subscriber Identification Modules (SIMs)/Universal Integrated Circuit Cards (UICCs) to
allow public safety users to update existing devices to operate on public safety
prioritized services
• One-time purchase and subscription -based applications for public safety use which
could include, among several other options, enterprise mobility management (EMM),
mobile device management (MDM), mobile Virtual Private Network (VPN), identity
services, or cloud service tools
Sub -Recipients must be coordinated with the Statewide Interoperability Coordinator (SWIC) and
FirstNet on the planning, deployment timelines, and operational availability of the network
deployment within a specific state or territory and to ensure that project does not conflict with
network planning efforts and complies with all technical requirements. FirstNet requires
participating agencies to demonstrate a subscription to public safety -prioritized broadband
services to purchase FirstNet broadband devices or applications. Sub -Recipients must coordinate
with FirstNet in advance of any strategic acquisition of broadband LTE equipment to ensure that
purchases adhere to all applicable standards for public safety entities.
V. SAFECOM
All Sub -Recipients using preparedness grant funding to support emergency communications
systems and equipment must meet applicable SAFECOM Guidance. Sub -Recipients must be
coordinated with the SWIC and the State Interoperability Governing Body (SIGB) to ensure
Interoperability and longterm compatibility.
W. Cybersecurity
Sub -Recipients must use HSGP funds for cybersecurity projects that support the security and
functioning of critical infrastructure and core capabilities as they relate to preventing, preparing
for, protecting against, or responding to acts of terrorism. Sub -Recipients of FY 2028 HSGP
grant awards will be required to complete the 2022 Nationwide Cybersecurity Review (NCSR),
enabling agencies to benchmark and measure progress of improving their cybersecurity posture.
The NCSR is an annual requirement and Sub -Recipients must complete the first available NCSR
offered after this subaward has been issued.
X. Procurement
The purpose of the procurement process is to ensure a fair and reasonable price is paid for the
services provided. All procurement transactions shall be conducted in a manner providing full and
open competition and shall comply with the standards articulated in:
❑ 2 C.F.R. Part 200;
O Chapter 287, Florida Statues; and,
• Sub -Recipient's local procurement policy.
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To the extent that one standard is more stringent than another, the Sub -Recipient shall follow the
more stringent standard. For example, if a state statute imposes a stricter requirement than a
federal regulation, then the Sub -Recipient shall adhere to the requirements of the state statute.
The State of Florida procurement policy and procedure is as follows:
Amount
Documentation Required
Up to $2,499
Shall be carried out using good purchasing practices which may include
certification of written or telephone quotes
$2,500 but less
than 35,000
Submit summary of 2 (minimum) written quotes, signed by the vendor
representative.
$35,000
For vendors not on STC; submit documentation of Invitation to Bid
Process (ITB), Request for Proposal (RFP) or Intent to Negotiate (ITN)
All Sole Source
FDEM pre -approval is required
Alternative
Contract Source
Commodities or Services available to the State via outside contract
vehicle. A copy of the executed contract shall be submitted along with
additional quotes if GSA 70 or GSA 84.
Formal Competitive Solicitations: $35,000 and above and not available on STC include
Invitation to Bid (ITB), Request for Proposal (RFP), or Invitation to Negotiate (ITN), Each
requires a Scope of Work that meets all statutory requirements and formal posting or publication
processes. Subrecipients shall submit their formal solicitation documentation and
subsequent vendor selection documentation for approval prior to initiating any work.
The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient.
Consistent with 2 C.F.R. § 200.325, the Division shall review the solicitation for compliance with
the procurement standards outlined in 2 C.F, R. § 200.318 through 200.327 as well as Appendix II
to 2 C.F.R. Part 200. Consistent with 2 C.F.R. § 200.318(k), the Division shall not substitute its
judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of
the Division in order to publish a competitive solicitation, this review may allow the Division to
identify deficiencies in the vendor requirements or in the commodity or service specifications.
The Division's review and comments shall not constitute an approval of the solicitation,
Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws,
regulations, and agreement terms. If during its review the Division identifies any deficiencies,
then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as
possible.
If the Sub -Recipient publishes a competitive solicitation after receiving comments from the
Division that the solicitation is deficient, then the Division may:
❑ Terminate this Agreement in accordance with the provisions outlined in paragraph
(17) above; and,
Refuse to reimburse the Sub -Recipient for any costs associated with that
solicitation.
Examples of when to use each method:
jnvitation to Bid: Procurement by sealed bidding is a method where bids are publicly solicited
through formal advertising. It is when a Sub -Recipient can establish precise specifications for a
commodity or service defining, with specificity, as further outlined in the scope of work.
Under this procurement method, the solicitation document used is known as the ITB. Sealed
bidding is often utilized when the Sub -Recipient's requirements are known and specific in detail.
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The sealed bid method is the preferred method for procuring construction services and is
appropriate when the following conditions are present:
❑ Complete, adequate, and realistic specifications or purchase descriptions are
available;
❑ Two or more responsible bidders are willing and able to compete effectively for the
business;
The Sub -Recipient primarily selects the successful bidder based on price. This includes the price -
related factors included within the solicitation, Other than the responsibility determination, the
Sub -Recipient shall not select a contractor on the basis of non -price -related factors,
Sub -Recipients shall publicly advertise the ITB. The precise manner of advertising depends upon
the facts and circumstances of the procurement, subject to any applicable state, local, and/or
tribal requirements.
Sub -Recipients shall solicit bids from an adequate number of known suppliers. The regulation
does not provide specific guidance regarding the method for soliciting additional bids or what
constitutes an adequate number of qualified sources. These determinations shall be dependent
upon the facts and circumstances of the procurement, subject to any relevant state, local, and/or
federal requirements. The general requirements for an ITB are as follows:
❑ The ITB shall define the items or services including any specifications and pertinent
attachments so potential bidders can properly respond,
❑ The subrecipient shall provide potential bidders sufficient time to prepare and submit
bids prior to the date set for bid opening.
❑ All bids shall be opened at the date, time, and location established in the ITB.
❑ After the official bid opening procedures are completed, the subrecipient shall award
a contract to the lowest price bid provided by a responsive and responsible bidder. If
specified in the bidding documents, the subrecipient may consider discounts,
transportation costs, and life cycle costs to determine which bid is the lowest.
If using the Sealed Bidding method of procurement, the subrecipient shall document the
procurement history. Examples of circumstances under which a subrecipient may reject an
individual bid include but are not limited to:
❑ The bid fails to conform to the essential requirements or applicable specifications as
outlined in the ITB;
❑ The bid fails to conform to the delivery schedule as outlined in the ITB;
❑ The bid imposes conditions that would modify the requirements as outlined in the
1TB;
❑ The Sub -Recipient determines that the bid price is unreasonable;
❑ The bid is submitted by a suspended or debarred vendor; and/or
❑ A bidder fails to furnish a bid guarantee when such a guarantee is required,
The contract should then be awarded to the responsible and responsive vendor who submits the
lowest responsive bid. The Subrecipient shall also provide a justification letter to the Division
supporting their selection.
Request for Proposal: Under this procurement method, the solicitation document used is also
known as the RFP. Proposals are an acceptable method of procurement when the nature of the
procurement does not lend itself to sealed bidding and when a cost -reimbursement contract is
appropriate. Through this process, vendors can compete on a cost basis for like items or
services. The request for proposals method of procurement is an acceptable method of
procurement, where non -state entities cannot base the contract award exclusively on price or
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price -related factors due to the nature of the service or property to be acquired. Simply put, the
Sub -Recipient can describe what it wants to accomplish but the methods or means to accomplish
the desired outcome cannot be easily defined. An RFP is appropriate when the following
conditions are present:
❑ The Sub -Recipient cannot base the contract award exclusively on price or price -
related factors due to the nature or the service or property to be acquired;
❑ The requirements are less definitive, more development work is required, or there is
a greater risk of performance;
❑ Technical capability, past performance, and prior experience considerations playa
dominant role in source selection; and/or
L� Separate discussions with individual offerors are expected to be necessary after
they have submitted proposals. This is a key distinction from the sealed bidding
method of procurement where discussions with individual bidders are prohibited and
the contract shall be awarded based on price and price -related factors alone.
The Sub»Recipient shall publicize their RFP, The manner of the advertising depends upon the
facts and circumstances of the procurement, subject to state, local, and/or tribal requirements.
Within the advertisement, the Sub -Recipient shall identify all evaluation factors and their relative
importance. The following provides several considerations for developing evaluation factors:
❑ The evaluation factors for a specific procurement should reflect the subjectmatter
and elements that are most important to the Sub -Recipient.
❑ The evaluation factors may include such things as technical design, technical
approach, length of delivery schedules, past performance, and quality of proposed
personnel.
❑ The Sub -Recipient may use any one or a combination of source selection
approaches as permitted under state, local, and/or tribal laws, regulations, and
procedures, and these approaches will often differ based on the relative importance
of price or cost for the procurement.
• If permitted by the Sub -Recipient, written procurement procedures, and applicable
state, local, and/or tribal law, the Sub -Recipient may award a contract to the offeror
whose proposal offers the "best value" to the Sub -Recipient. The solicitation shall
also inform potential offerors that the award shall be made on a "best value" basis,
which should include a statement that the Sub -Recipient reserves the right to award
the contract to other than the lowest -priced offeror.
❑ The RFP shall identify evaluation factors and their relative importance; however,
they need not disclose numerical or percentage ratings or weights.
❑ FEMA does not require any specific evaluation factors or analytic process, but the
evaluation factors shall support the purposes of the grant or cooperative agreement,
The Sub -Recipient shall consider any response to a publicized request for proposals to the
maximum extent practical. In addition to publicizing the request for proposals, non -state entities
shall solicit proposals from an adequate number of offerors, providing them with sufficient
response time before the date set for the receipt of proposals. Determining an adequate number
of sources shall depend upon the facts and circumstances of the procurement, subject to relevant
state, local, and/or tribal requirements.
The Sub -Recipient shall have a written method for conducting their technical evaluations of the
proposals received and for selecting offerors. When evaluating proposals, FEMA expects the
Sub -Recipient to consider all evaluation factors specified in its solicitation documents and
evaluate offers only on the evaluation factors included in the solicitation documents. A Sub -
Recipient shall not modify its evaluation factors after proposals have been submitted without re-
opening the solicitation. In awarding a contract that will include options, FEMA expects the Sub -
Recipient to evaluate proposals for any option quantities or periods contained in the solicitation if
it intends to exercise those options after the contract is awarded.
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The contract shall be awarded to the responsible offeror whose proposal is most advantageous to
the program with price and other factors considered.
Jnyitatjop to Negotiate: If the Sub -Recipient has determined that an ITB or an RFP will not result
in the best value, the Sub -Recipient may procure commodities and contractual services using the
ITN process. The procurement file shall be documented to support why an ITB and a RFP will not
result in best value (287.057(1)(c), Florida Statutes). Contracts that exceed $1 million require a
Florida Certified Contract Negotiator. Contracts more than $10 million in any fiscal year, requires
a Project Management Professional on the team.
Formal competitive solicitation postings or publication on an organization's website will
not be accepted as it discourages true competition. Effective FY2023 such postings must
be via a public forum for example the Florida Administrative Registry, local newspaper,
etc,
The Division shall pre -approve all scopes of work for projects funded under this agreement. Also,
to receive reimbursement from the Division, the Sub -Recipient must provide the Division with a
suspension and debarment form for each vendor that performed work under the
agreement. Furthermore, if requested by the Division, the Sub -Recipient shall provide copies of
solicitation documents including responses and justification of vendor selection.
Contracts may include:
State Term Contract: A State Term Contract is a contract that is competitively procured by the
Division of State Purchasing for selected products and services for use by agencies and eligible
users. Florida agencies and eligible users may use a request for quote to obtain written pricing or
services information from a state term contact vendor for commodities or contractual services
available on a state term contract from that vendor. Use of state term contracts is mandatory for
Florida agencies in accordance with section 287.056, Florida Statutes.
Alternate Contract Source: An Alternate Contract Source is a contract let by a federal, state,
or local government that has been approved by the Department of Management Services, based
on a determination that the contract is cost-effective and in the best interest of the state, for use
by one or all Florida agencies for purchases, without the requirement of competitive procurement.
Alternate contract sources are authorized by subsection 287.042(16), Florida Statutes, as
implemented by Rule 60A-1.045, Florida Administrative Code.
General Services Administration Schedules: The General Services Administration (GSA) is an
independent agency of the United States Government. States, tribes, and local governments, and
any instrumentality thereof (such as local education agencies or institutions of higher education)
may participate in the GSA Cooperative Purchasing Program.). Refer to the appropriate GSA
Schedule for additional requirements.
Y. Piggybacking
The practice of procurement by one agency using the agreement of another agency is called
piggybacking. The ability to piggyback onto an existing contract is not unlimited. The Sub -
Recipient's written procurement policy shall be submitted to the Division and shall allow for
piggybacking. The existing contract shall contain language or other legal authority authorizing
third parties to make purchases from the contract with the vendor's consent. The terms and
conditions of the new contract, including the Scope of Work, shall be substantially the same as
those of the existing contract and approved by the Division. The piggyback contract shall not
exceed the existing contract in scope or volume of goods or services. A Sub -Recipient shall not
use the preexisting contract merely as a "basis to begin negotiations" for a broader or materially
different contract.
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Section 215.971, Florida Statutes
Statutory changes enacted by the Legislature impose additional requirements on grant and Sub -
Recipient agreements funded with federal or state financial assistance. Section 215.971(1)
states:
An agency agreement that provides state financial assistance to a Recipient or Sub -Recipient, as
those terms are defined in section215,97, Florida Statutes, or that provides federal financial
assistance to a Sub -Recipient, as defined by applicable United States Office of Management and
Budget circulars, shall include ail of the following:
• A provision specifying a Scope of Work that clearly establishes the tasks that the
Recipient or Sub -Recipient is required to perform.
• A provision dividing the agreement into quantifiable units of deliverables that shall be
received and accepted in writing by the agency before payment. Each deliverable shall
be directly related to the Scope of Work and specify the required minimum level of
service to be performed and the criteria for evaluating the successful completion ofeach
deliverable.
• A provision specifying the financial consequences that apply if the Recipient or Sub -
Recipient fails to perform the minimum level of service required by the agreement. The
provision can be excluded from the agreement only if financial consequences are
prohibited by the federal agency awarding the grant. Funds refunded to a state agency
from a Recipient or Sub -Recipient for failure to perform as required under the agreement
may be expended only in direct support of the program from which the agreement
originated.
• A provision specifying that a Recipient or Sub -Recipient of federal or state financial
assistance may expend funds only for allowable costs resulting from obligations incurred
during the specified agreement period.
• A provision specifying that any balance of unobligated funds which has been advanced or
paid shall be refunded to the state agency.
• A provision specifying that any funds paid in excess of the amount to which the Recipient
or Sub -Recipient is entitled under the terms and conditions of the agreement shall be
refunded to the state agency.
• Any additional information required pursuant to s. 215.97.
Z, Unallowable Procurement Practices
Noncompetitive Pricing Practices: Noncompetitive pricing practices between firms or between
affiliated companies are prohibited. Subrecipients shall undertake reasonable efforts to ensure that
prospective vendors have not engaged in noncompetitive pricing practices when responding to a
solicitation, and that they themselves have not when soliciting vendors. If noncompetitive pricing
practices are identified, the activity shall be reported to the Division. Below are common
noncompetitive pricing practices:
• Bid rigging: Occurs when conspiring competitors raise prices under a .process where a
purchaser acquires goods or services by soliciting competing bids. Competitors agree in
advance who will submit the lowest priced or winning bid on a contract. Bid rigging takes many
forms, but conspiracies usually fall into one or more of the following categories: bid
suppression, complementary bidding, and bid rotation.
• Bid suppression: Where one or more competitor(s), who otherwise would be expected to bid
or who have previously bid, agree to refrain from bidding or withdraw a previously submitted
bid so that the designated winning competitor's bid will be accepted.
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• Compiiementary bidding: Also known as `cover" or "courtesy" bidding, occurs when some
competitors agree to submit bids that are either too high to be accepted or contain special
terms that will not be acceptable to the buyer. Such bids are not intended to secure the
buyer's acceptance but are merely designed to give the appearance of genuine competitive
bidding while making the designated winning oompetitor's bid appear most attractive.
Complementary bidding schemes are a frequent form of bld rigging. They defraud purchasers
by creating the appearance of competition to conceal secretly inflated prices.
• Bid rotation: A scheme where all conspirators submit bids but take turns being the lowest
bidder. The terms of the rotation may vary. For example, competitors may take turns on
contracts according to the size of the contract, allocating equal amounts to each conspirator,
or allocating volumes that correspond to the size of each conspirator company.
Z.1 Unique Entity Identifier and System for Award Management (SAM)
Sub -Recipients for this award shall:
• Be registered in SAM;
• Provide a valid LJEID/SAM number; and
• Continue to maintain an active UEI with current information at all times during which it has an
active federal award.
Z.2 Reporting Requirements
1. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within thirty (30) days after the end of the reporting
periods (March 31, June 30, September 30, and December 31) for the life of this contract.
• If a report(s) is delinquent, future financial reimbursements shall be withheld until the
Sub -Recipient's reporting is current,
• If a report goes three (3) consecutive quarters from date of execution without the Sub -
Recipient reflecting any activity and/or expenditures it shall result in the issuance of a
noncompliance letter, and a written Justification shall then be provided,
o Based on the Division's determination, the Sub -Recipient shall have thirty(30)
days to submit a letter of appeal to the Division.
o Sub -Recipients shall only be allowed one opportunity to appeal.
o if the appeal is denied, or if there is no response to the notification of
noncompliance, the Sub -Recipient's funds shall be terminated.
• if a report goes four (4) consecutive quarters from date of execution without the Sub -
Recipient reflecting any activity and/or expenditures, it shall result in termination of the
agreement.
programmatic Reporting Schedule
Reporting Period
Report due to FDEM 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- Biannual Strategic Implementation Report (BSIR):
After the end of each reporting period, for the life of the contract unless directed otherwise, the
SAA, will complete the Biannual Strategic implementation Report in the Grants Reporting Tool
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(GRT) https://www,reporting.odp.dhs.gov. The reporting periods are January 1-June 30 and
July 1-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 grant manager for review and approval at any
time during the contract period. Reimbursements shall be requested within ninety (90) calendar
days of expenditure of funds, and quarterly at a minimum. Failure to submit request for
reimbursement within ninety (90) calendar days of expenditure shall result in denial of
reimbursement. The Sub.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.
4, Close-out Programmatic Reporting:
The Close-out Report is due to the Florida Division of Emergency Management no later than sixty
(60) calendar days after the agreement is either completed or the agreement has expired.
5, Administrative Closeout
An administrative closeout may be conducted when a recipient is not responsive to the Division's
reasonable efforts to collect required reports, forms, or other documentation needed to complete
the standard award and/or closeout process. The Division shall make three (3) written attempts to
collect required information before initiating an administrative closeout. If an award is
administratively closed, the Division may decide to impose remedies for noncompliance per 2
C.F.R. § 200.339, consider this information in reviewing future award applications, or apply
special conditions to existing or future awards,
Z.3. Period of Performance (POP) Extensions
An extension to the period of performance identified in the agreement is allowable underlimited
circumstances and shall only be considered through formal, written requests to the Division. All
extension requests shall contain specific and compelling justifications as to why an extension is
required, and shall address the following:
1. The grant program, fiscal year, and agreement number;
2. Reason for the delay —including details of the legal, policy, or operational challenges that
prevent the final expenditure of awarded funds by the deadline;
3. Current status of project activity;
4. Requested POP termination date and new project completion date;
6. Amount of funds reimbursed to date;
6. Remaining available funds;
7. Budget outlining how the remaining funds shall be expended;
6. Plan for completion, Including milestones and timeframes for achieving each milestone
and the position or person responsible for implementing the plan for completion; and
9. Certification that the activity(ies) shall be completed within the extended POP without any
modification to the original statement of work, as described in the investment justification and as
approved by FEMA.
Extension requests are typically granted for no more than a six (6) month period, and shall be granted
only due to compelling legal, policy, or operational challenges. Extension requests shall only be
considered for the following reasons:
• Contractual commitments by the recipient or Sub -Recipient with vendors prevent
completion of the project within the existing POP;
• The project shall undergo a complex environmental review that cannot be completed
within the existing POP;
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• Projects are long-term by design, and therefore acceleration would compromise core
programmatic goals; or
• Where other special or extenuating circumstances exist.
Subrecipient's shall be limited to one (1) extension over the grant period of performance.
Extension requests shall not be considered within the last one hundred eighty (180)dayss
of the grant period of performance.
Z.4. Programmatic Point of Contact
Contractual Point of Contact
Programmatic Point of Contact
Chanda Jenkins
FDEM
2555 Shumard Oak Blvd,
Tallahassee, FL 32399-2100
(850) 815-4342
Chanda.Jenkins@ern.myflorida.com
Kizzy K. Caban
FDEM
2555 Shumard Oak Blvd,
Tallahassee, FL 32399-2100
(850) 815-4348
Kizzy.Caban@em.myflorida.com
Z.S. Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in Scope of Work.
• The FDEM shall administer the financial processes.
Z.6. Failure to Comply
• Failure to comply with any of the provisions outlined above shall result in disallowanceof
reimbursement for expenditures.
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71
ATTACHMENT C
DELIVERABLES AND PERFORMANCE
State Homeland Security Program (HSGP): HSGP supports the implementation of risk driven,
capabilities -based State Homeland Security Strategies to address capability targets set in Urban Area,
State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs). The capability
levels are assessed in the State Preparedness Report (SPR) and inform planning, organization,
equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover
from acts of terrorism and other catastrophic events.
Planning Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse
the Sub -Recipient for the actual cost of successfully completing planning activities consistent with the
guidelines contained in the Comprehensive Preparedness Guide CPG 101 v.2. For additional
information, please see https://www.fema.gov/emergency-managers/national-preparedness/plan or grant
guidance (Notice of Funding Opportunity). For the purposes of this Agreement, any planning activity such
as those associated with the Threat and Hazard identification and Risk Analysis (THIRA), State
Preparedness Report (SPR), and other planning activities that support the National Preparedness Goal
(NPG) and place an emphasis on updating and maintaining a current Emergency Operations Plan (EOP)
are eligible. The Sub -Recipient can successfully complete a planning activity either by creating or
updating such plan(s).
Organization Deliverable: Subject to the funding limitations of this Agreement, the Division shall
reimburse the Sub -Recipient for the actual eligible costs for Personnel, Intelligence Analysts, Overtime
and Operational Overtime.
Exercise Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse
the Sub -Recipient for the actual cost of successfully completing an exercise which meets the Department
of Homeland Security Homeland Security Exercise and Evaluation Program (HSEEP) standards and is
listed in A) the State of Florida IPP, and B) County or Regional TEP for the region in which the Sub -
Recipient is geographically located, Information related to TEPs and HSEEP compliance can be found
online at: https:/Iwww.fema.gov/emergency-managers/nationsl-preparedness/exercises/hseep. For the
purposes of this Agreement, any exercise which is compliant with HSEEP standards and contained in the
State of Florida IPP qualifies as an authorized exercise. The Sub -Recipient can successfully complete an
authorized exercise either by attending or conducting that exercise.
Training Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse
the Sub -Recipient for the actual cost of successfully completing a training course listed on the
Department of Homeland Security (DHS) approved course catalog. For non-DHS approved courses the
Sub -Recipient shall obtain advance FDEM approval using the Non-TED form by contacting their grant
manager. The DHS course catalog is available online at: http://training.fema.gov/. For the purposes ofthis
Agreement, any training course listed on the Di -IS approved course catalog qualifies as an authorized
course. The Sub -Recipient can successfully complete an authorized course either by attending or
conducting that -course.
Equipment Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse
the Sub -Recipient for the actual cost of purchasing an item identified in the approved project funding
template and budget of this agreement and listed on the DHS Authorized Equipment List (AEL,), For the
purposes of this Agreement, any item listed on the AEL qualifies as an authorized item. The 21 allowable
prevention, protection, mitigation, response, and recovery equipment categories and equipment
standards for HSGP are listed on the web -based version of the Authorized Equipment List (AEL) on the
Lessons Learned Information System at http://www.fema.gov/authorized-equipment-list. In addition,
agencies shall be responsible for obtaining and maintaining all necessary certifications and licenses for
the requested equipment,
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Management Deliverable: Subject to the funding limitations of this Agreement, the Division shall
reimburse the Sub -Recipient for the actual cost for Management and Administration (M&A) activities.
Costs for allowable items shall be reimbursed if incurred and completed within the period of
performance, in accordance with the Budget and Scope of Work, Attachments A and B of this
agreement.
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73
ATTACHMENT D
Program Statutes and Regulations
9) Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq.
2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) Chapter 252, Florida Statutes
6) Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq.
7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq.
8) Copyright notice 17 U.S.C. §§ 401 or 402
9) Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
2 C.F.R. Part 200
10) Debarment and Suspension Executive Orders 12549 and 12689
11) Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq.
12) Duplication of Benefits 2 G.F.R. Part 200, Subpart E
13) Energy Policy and Conservation Act 42 U.S.C. § 6201 et seq.
14) False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729-3733 also 31 U.S.C. §
3801-3812
15) Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118
16) Hotel and Motel Fire Safety Act of 1990 15 U,S.C. § 2225a
17) Lobbying Prohibitions 31 U.S.C. § 1352
18) Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq,
19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act
20) Terrorist Financing Executive Order 13224
21) Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. §
1681 et seq.
22) Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104
23) Rehabilitation Act of 1973 Section 504, 29 U.S.C. § 794
24) USA Patriot,Act of 2001 18 U.S.C, § 175-172c
25) Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. § 4712, and 10 U.S.C. § 2324, 41
U.S,C. § 4304 and § 4310
26) 63 Federal Register 8034
27) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
28) Section 287.138, Florida Statutes
29) Public Trust and Public Safety Executive Order 14074
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ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
SUB -RECIPIENT:
Requests for an advance shall be submitted at the time of agreement execution or approval of the EHP,
if required. If you are requesting an advance, indicate same by checking the box below
[ ] ADVANCE REQUESTED (Maximum request amount may not exceed fifty percent.)
Advance payment of $ is requested. Balance of payments will be made on a reimbursement
basis. This advance will be used on equipment specific projects within the budget of the agreement, We would
not be able to operate the program without this advance.
If you are requesting an advance, complete the following chart and line -item justification below.
ESTIMATED EXPENSES
Project
Days to complete
Funding amount requested
LINE -ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the
cash advance. The justification shall include supporting documentation that clearly shows the advance shall
be expended within the first ninety (90) days of the contract term or approval of the EHP, if required. Support
documentation should include but is not limited to the following: quotes for purchases, delivery timelines,
salary and expense projections, etc. to provide the Division reasonable and necessary justification. Any
advance funds not expended within the specified timeframe shall be returned to the Division Cashier, 2655
Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days, along with any interest earned on
the advance)
*REQUESTS FOR ADVANCE PAYMENTS SHALL BE CONSIDERED ON A CASE -BY -CASE BASIS*
**EHP SHALL BE COMPLETED AND APPROVED BY FEMA PRIOR TO ADVANCE**
Signature of Sub -Recipient
Date:
Name and Title of Sub -Recipient
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ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
Financial Management
The Sub -Recipient's financial management system shall comply with 2 C.F.R. § 200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement shall comply with the requirements
of 2 C.F.R. § 200, Part D—Post Federal Award Requirements --Procurement Standards (2 C.F,R. §§
200.313 through 200.327).
Business Hours
The Sub-Reclpient shall have its offices open for business, with the entrance door open to the public, and
at (east one employee on site, from:
Monday to Friday from 7am to 4pm
Licensing and Permitting
All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits
required for the particular work for which they are hired by the Sub -Recipient.
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76
ATTACHMENT G
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION
Subcontractor Covered Transactions
The prospective subcontractor, , of the
Sub -Recipient certifies, by submission of this document, that neither it, its principals, nor its affiliates are
presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or
disqualified from participation in this transaction by any federal department or agency.
SUB -CONTRACTOR:
Signature
Sub -Recipient's Name
Name and Title FDEM Agreement Number
Street Address
City, State, Zip
Date
77
ATTACHMENT H
STATEMENT OF ASSURANCES
All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding
Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of
your award. All Sub -Recipients shall comply with any such requirements set forth in the program NOFO.
All Sub -Recipients who receive awards made under programs that prohibit supplanting by law shall
ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose
through non-federal sources.
All Sub -Recipients shall acknowledge their use of federal funding when issuing statements, press
releases, requests for proposals, bid invitations, and other documents describing projects or programs
funded in whole or in part with federal funds.
Any cost allocable to a particular federal award provided for in 2 C.F.R. Part 200, Subpart E shall not be
charged to other 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 Sub -Recipient from shifting costs that are allowable under two or more
federal awards in accordance with existing federal statutes, regulations, or the terms and conditions of the
federal award,
Sub -Recipients are required to comply with the requirements set forth in the government -wide Award
Term regarding the System for Award Management and Universal identifier Requirements located at 2
C.F.R. Part 25, Appendix A, the full text of which incorporated here by reference in the termsand
conditions of your award.
All Sub -Recipients shall acknowledge and agree to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff.
1. Sub -Recipient shall cooperate with any compliance review or compliant investigation conducted
by the State Administrative Agency or DHS.
2. Sub -Recipient shall give the State Administrative Agency, DHS or through any authorized
representative, access to and the right to examine and copy, records, accounts, and other
documents and sources of information related to the federal financial assistance award and
permit access to facilities, personnel, and other individuals and information as may be necessary,
as required by DHS regulations and other applicable laws or program guidance,
3. Sub -Recipient shall submit timely, complete, and accurate reports to the Division and maintain
appropriate backup documentation to support the reports. Sub -Recipients shall also comply with
all other special reporting, data collection and evaluation requirements, as prescribed by law or
detailed in program guidance.
4. Sub -Recipient shall acknowledge their use of federal funding when issuing statements, press
releases, requests for proposals, bid invitations, and other documents describing projects or
programs funded in whole or in part with federal funds.
5. Sub -Recipient who receives awards made under programs that provide emergency
communications equipment and its related activities shall comply with SAFECOM Guidance for
Emergency Communications Grants, including provisions on technical standards that ensure and
enhance interoperable communications.
6. When original or replacement equipment acquired under this award by the Sub -Recipient is no
longer needed for the original project or program or for other activities currently or previously
78
supported by DHS/FEMA, you shall request instructions from the Division to make proper
disposition of the equipment pursuant to 2 C.F.R. § 200.313.
7. DHS/FEMA funded activities that may require an EHP review are subject to FEMA's
Environmental Planning and Historic Preservation (EHP) review process. This review does not
address all federal, state, and local requirements. Acceptance of federal funding requires
recipient to comply with all federal, state, and local laws, Failure to obtain all appropriate
federal, state, and local environmental permits and clearances may jeopardize federal funding.
If ground disturbing activities occur during construction, applicant shall monitor ground
disturbance, and if any potential archeological resources are discovered, applicant shall
immediately cease work in that area and notify the pass -through entity, if applicable, and
DHS/FEMA.
8. Sub -Recipients are required to comply with the Build America, Buy America Act (BABAA),
which was enacted as part of the Infrastructure Investment and Jobs Act Sections 70901-
70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in
All of America by All of America's Workers.
9. Sub -Recipient shall comply with the applicable provisions of the following laws and policies
prohibiting discrimination:
a. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based
on race, color, or national origin (including limited English proficiency).
b. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibitsdiscrimination
based on disability.
c. Title IX of the Education Amendments Act of 1972, as amended, which prohibits
discrimination based on sex in education programs or activities.
d. Age Discrimination Act of 1975, which prohibits discrimination based on age,
e. U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits
discrimination based on religion in social service programs,
]Remainder of page intentionally left blank]
79
Provisions:
ATTACHMENT I
MANDATORY CONTRACT PROVISIONS
Any contract or subcontract funded by this Agreement shall contain the applicable provisions outlined in
Appendix!! to 2 C,F.R, Part 200. it is the responsibility of the Sub -Recipient to include the required
provisions. The following is a list of sample provisions from Appendix 11 to 2 C.F.R. Part 200 that may be
required:'
Appendix 11 to Part 200—Contract Provisions for Non.Federal Entity
Contracts Under Federal Awards
In addition to other provisions required by the federal agency or non-federal entity, all contracts
made by the non-federal entity under the federal award shall contain provisions covering the following, as
applicable,
(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
Council (Councils) as authorized by 41 U.S.C. 1908, shall address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide for such sanctions
and penalties as appropriate.
(B) All contracts in excess of $10,000 shall address termination for cause and for convenienceby
the non-federal entity including the manner by which it will be affected and the basis for settlement.
(C) Equal Employment Opportunity, Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall
include the equal opportunity clause provided under 41 CFR 60-1,4(b), in accordance with Executive
Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities shall
include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the
statute, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors shall be required to pay wages not less than once a week. The non-federal entity shall placea
copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.
The decision to award a contract or subcontract shall be conditioned upon the acceptance of the wage
determination. The non-federal entity shall report all suspected or reported violations to the federal
awarding agency. The contracts shall also include a provision for compliance with the Copeland "Anti -
Kickback" Act (40 U,S,C, 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States"). The Act provides that each contractor or Sub -Recipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or repairof
public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-
federal entity shall report all suspected or reported violations to the federal awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of
mechanics or laborers shall include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act,
each contractor shall be required to compute the wages of every mechanic and laborer on the basis ofa
'For example, the Davis -Bacon Act is not applicable to other FEMA grant and cooperative agreement
programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, Sub -
Recipient may include the provision in its subcontracts,
80
standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. § 3704 are
applicable to construction work and provide that no laborer or mechanic shall be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contractor Agreement. lithe federal award meets the
definition of "funding agreement" under 37 CFR § 401.2(a) and the recipient or Sub -Recipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that "funding
agreement," the recipient or Sub -Recipient shall comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
(G) Clean Air Act (42 U.S,C. §§ 7401-7671q.) and the Federal Water Pollution Control Act (33
U,S,C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of 6150,000 shall
contain a provision that requires the non-federal award to agree to comply with all applicablestandards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations shall be reported to the
federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR § 180.220) shall not be made to parties listed on the governmentwide Excluded Parties List System
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR Part 1986 Cornp., p. 189) and 12689 (3 CFR Part 1989
Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
(I) Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352)---Contractors that apply or bid for an
award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it
shall not and has not used federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer oremployee
of Congress, or an employee of a member of Congress in connection with obtaining any federal contract,
grant or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with
nonfederal funds that takes place in connection with obtaining any federal award. Such disclosures are
forwarded from tier to tier up to the non-federal award.
(J) See 2 G.F.R. § 200.323 Procurement of recovered materials.
(K) See 2 C.F.R. § 200.216 Prohibition on certain telecommunication and videosurveillance
services or equipment,
(L) See 2 C.F.R. § 200.322 Domestic preferences for procurements
(Appendix II to Part 200, Revised Alf 11/12/2020),
Please note that the Sub -Recipient alone is responsible for ensuring that all language included
in its contracts meets the requirements of 2 C.F.R. § 200.327 and 2 C.F.R. Part 200, Appendix
IL
81
ATTACHMENT .1
FINANCIAL AND PROGRAM MONITORING GUIDELINES
Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist
threats since 1999 through various funding sources including federal grant funds. The Division has a
responsibility to track and monitor the status of grant activity and items purchased to ensure compliance
with applicable Nonprofit Security Grant Program (NSGP) grant guidance and statutory regulations. The
monitoring process is designed to assess a Sub -Recipient agency's compliance with applicable state and
federal guidelines.
Monitoring is accomplished utilizing various methods including desk monitoring and on -site visits. There
are two primary areas reviewed during monitoring activities - financial and programmatic
monitoring. Financial monitoring primarily focuses on statutory and regulatory compliance with
administrative grant requirements. It involves the review of records associated with the purchase and
disposition of property, projects and contracts. Programmatic monitoring seeks to validate and assist in
the grant progress, targeting issues that may be hindering project goals and ensuring compliance with the
purpose of the grant and overall grant program. Programmatic monitoring involves the observation of
equipment purchased, protocols and other associated records. Various levels of financial and
programmatic review may be accomplished during the monitoring process.
Pursuant to 2 C.F.R, § 200.337, the Division has the right, at all reasonable times, to make site visits or
conduct desk reviews to review project accomplishments and management control systems to review
award progress and to provide any required technical assistance. During site visits or desk reviews, The
Division shall review recipients' files related to the award. As part of any monitoring and program
evaluation activities, recipients shall permit the Division, upon reasonable notice, to review grant -related
records and to interview the organization's staff and contractors regarding the program. Recipients shall
respond in a timely and accurate manner to the Division's requests for information relating to the award.
Monitoring and Schedu<linq°
Each year the Division shall conduct monitoring based on a "Risk Assessment", The risk assessment tool
is used to help in determining the priority of Sub -Recipients that should be reviewed and the level of
monitoring that should be performed. Note that although a given grant may be closed, it is still subject to
either desk or on -site monitoring for a five (5) year period following closure.
Areas that shall 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;
• Difficulties encountered in completing projects;
• Agency NIMS/ICS compliance documentation;
• Equal Employment Opportunity (EEO Status);
• Procurement Policy
The Division may request additional monitoring/information of the activity, or lack thereof, generates
questions from the region, the sponsoring agency or the Division's leadership, The method of gathering
this information shall be determined on a case -by -case basis.
82
Monitoring A.ctivitiesz,
Desk reviews and site visits are two forms of monitoring. Desk monitoring is the review of projects,
financial activity and technical assistance between the Division and the applicant via e-mail and
telephone. On -site monitoring are actual visits to the Sub -Recipient agencies by Division representatives
who examines records, procedures and equipment.
Desk monitoring is an on -going process. Sub -Recipients shall be required to participate in desk top
monitoring as determined by the Division. This contact shall provide an opportunity to identify the need
for technical assistance (TA) and/or a site visit if the Division determines that a Sub -Recipient is having
difficulty completing their project,
As difficulties/deficiencies are identified, the respective region or sponsoring agency shall be notified by
the program office via email. Information shall include the grant Sub -Recipient agency name, year and
project description and the nature of the issue in question. Many of the issues that arise may be resolved
at the regional or sponsoring agency level. Issues that require further TA shall be referred to the division
for assistance, Examples of TA include but are not limited to:
• Equipment selection or available vendors
• Eligibility of items or services
• Coordination and partnership with other agencies within or outside the region or discipline
• Record Keeping
• Reporting Requirements
• Documentation in support of a Request for Reimbursement
On -site monitoring shall be conducted by the Division or designated personnel, On -site monitoring visits
shall be scheduled in advance with the Sub -Recipient agency POC designated in the grant agreement.
The Division shall also conduct coordinated financial and grant file monitoring. Subject matter experts
from other agencies within the region or state may be called upon to assist in the form of a peer review as
needed.
On -Site Monitoring Protoco(
On -site monitoring visits shall begin with those grantees that are currently spending or have completed
spending for that federal fiscal year (FFY), Site visits may be combined when geographically
convenient. There is a financial/ programmatic On -site monitoring checklist to assist in the completion of
all required tasks.
Site Vi it Preparation
A letter shall be sent to the Sub -Recipient agency Point of Contact (POG) outlining the date, time and
purpose of the site visit before the planned arrival date. The appointment shall be confirmed with the
grantee in writing (email is acceptable) and documented in the grantee folder.
The physical location of any equipment located at an alternate site should be confirmed with a
representative from that location and the address should be documented in the grantee folder before the
site visit.
1.1 :r �. ' + ! I: 0
Once Division personnel have arrived at the site, an orientation conference shall be conducted.
During this time, the purpose of the site visit and the items the Division intends to examine shall be
identified. All objectives of the site visit shall be explained during this time.
Division personnel shall review ail files and supporting documentation. Once the supporting
documentation has been reviewed, a tour/visual/spot inspection of equipment shall be conducted.
83
Each item selected for review shall be visually inspected whenever possible. Larger items (computers,
response vehicles, etc,) shall have an asset decal (information/serial number) placed in a prominent
location on each piece of equipment as per Sub -Recipient agency requirements, The serial number shall
correspond with the appropriate receipt to confirm purchase. Photographs shall be taken of the
equipment (large capital expenditures in excess of $1,000. per item).
If an item is not available (being used during time of the site visit), the appropriate documentation shall be
provided to account for that particular piece of equipment. Other programmatic issues can be discussed
at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions,
etc.
Post Monitoring Visit
Division personnel shall review the On -site monitoring worksheets and backup documentation as a team
and discuss the events of the On -site monitoring.
Within forty-five (45) calendar clays of the site visit, a post monitoring letter shall be generated and sent to
the grantee explaining any issues and corrective actions required or commendations. Should issues or
findings be identified, a noncompliance letter to that effect shall be generated and sent to the Sub -
Recipient. The Sub -Recipient shall submit a Corrective Action Plan (CAP) within a timeframe as
determined by the Division, Noncompliance on behalf of sub -grantees is resolved by management under
the terms of the Sub -Grant Agreement. The On -site monitoring report and all back up documentation shall
then be included in the Sub -Recipient's file.
Moniitod Responsibjli$tes of Pass-thru Entities,
Sub -Recipients who are pass -through entities are responsible for monitoring their Sub -Recipients in a
manner consistent with the terms of the Federal award at 2 C.F.R. Part 200, including 2 C,F.R. §
200.332. This includes the pass -through entity's responsibility to monitor the activities of the Sub -
Recipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with
federal statutes, regulations, and the terms and conditions of the subaward; and that subaward
performance goals are achieved.
Sub -Recipient responsibilities also include but are not limited to: accounting of receipts and expenditures,
cash management, maintaining adequate financial records, reporting and refunding expenditures
disallowed by audits, monitoring if acting as a pass -through entity, other assessments and reviews, and
ensuring overall compliance with the terms and conditions of the award or subaward, as applicable,
including the terms of 2 C.F.R. Part 200.
[Remainder of page intentionally left blanky
84
ATTACHMENT K
EHP GUIDELINES
ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES
The following types of projects are to be submitted to FEMA for compliance review under Federal
Environmental Planning and Historic Preservation (EHP) laws and requirements prior to initiation of the
project:
• New Construction, Installation and Renovation, including but not limited to:
o Emergency Operation Centers
o Security Guard facilities
o Equipment buildings (such as those accompanying communication towers)
o Waterside Structures (such as dock houses, piers, etc.)
• Placing a repeater and/or other equipment on an existing tower
• Renovation of and modification to buildings and structures that are fifty (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
• Physical Security Enhancements, including but not limited to:
o Lighting
o Fencing
o Closed-circuit television (CCTV) systems
a Motion detection systems
o Barriers, doors, gates and related security enhancements
In addition, the erection of communications towers that are included in a jurisdiction's interoperable
communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions.
Communication tower projects shall be submitted to FEMA for EHP review.
Some training and exercise activities require Environmental and Historic Preservation (EHP) Review,
including exercises, drills or trainings that require any type of land, water, or vegetation disturbance or
building of temporary structures or that are not located at facilities designed to conduct training and
exercises. A thorough, detailed description of projects listed under these categories shall be required in
order to determine allowability. Additional information on training requirements and EHP review can be
found online at Environmental & Historic Preservation Guidance for FEMA Grant Applications
FEMA.gov. Once the grant agreement has been executed by both parties the EHP Screening Form
shall be submitted to the Division within forty-five (45) days.
EHP SCREENING FORM SUBMISSION
For projects requiring EHP review, the Sub -Recipient shall submit the EHP Screening Form to the
State Administrative Agency (SAA) for review prior to funds being expended. The SAA Point of
Contact for EHP review is:
Ms. Felicia Pinnock
Bureau of Preparedness — Domestic Security
2555 Shumard Oak Boulevard Tallahassee,
Florida 32399-2100
Telephone: 850-815-4343
Felicia.Pinnock cCz�.em.myflorida.com
Il. The SAA POC shall forward EHP Screening Forms to DHS/FEMA for review and approval.
III. Sub -Recipient's shall receive written approval from the SAA prior to the use of grant funds for
project implementation. THE PROJECT SHALL NOT BEGIN UNTIL FINAL FEMA APPROVAL
IS RECEIVED.
85
PLANNING
I
ATTACHMENT L
REIMBURSEMENT CHECKLIST
1. Does the amount billed by consultant add up correctly?
fl 2.
n
Has all appropriate documentation to denote hours worked been properly signed?
3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans)
been included? (Note - If a meeting was held by Sub -Recipient or contractor/consultant of Sub -
Recipient, an agenda and signup sheet with meeting date
4. Has the zero dollar invoice and signed from the consultant/contractor been include?
5. Has proof of payment been included?
Canceled check, bank statement or transaction history (Showing the transaction was
processed by the bank)
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that statement
6. Has Attachment G (found within Agreement with FDEM) been completed for this
contractor/consultant and included in the reimbursement package?
7, Has proof of purchase methodology been included? Please see Forrn 5 of Reporting Forms or
Purchasing Basics Attachment if further clarity is needed.
Sole Source
State Contract (page showing contract #, price list)
Competitive bid results (e.g. Quotewire, bid tabulation page)
Consultants/Contractors (Note: this applies to contractors also pilled under Organization)
TRAINING
U
1. Is the course DHS approved?
2. Is there a course or catalog number?
3, if not, has FDEM approved the non-DHS training?
4. Have Sign -In Sheets, Rosters and Agenda been provided?
5. If billing for overtime and/or backfill, has documentation been provided that lists attendee names,
department, # of hours spent at training, hourly rate and total amount paid to each attendee?
Have documentation from entity's financial system been provided as proof attendees were
paid?
For backfill, has a clear delineation/cross reference been provided showing who was
backfilling who?
6. Have the names on the sign -in sheets been cross-referenced with the names of the individuals for
whom training reimbursement costs are being sought?
L__J 7. Have any expenditures occurred in support of the training such as printing costs, costs related to
administering the training, planning, scheduling, facilities, materials and supplies, reproduction of
materials, and equipment? If so, receipts and proof of payment shall be submitted.
Canceled check, bank statement or transaction history (Showing the transaction was
processed by the bank)
86
n
EXERCISE
U
n
n
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that statement
8. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or
Purchasing Basics Attachment if further clarity is needed.
Sole Source
State Contract (page showing contract #, price list)
Competitive bid results (e.g. Quotewire, bid tabulation page)
1. Has documentation been provided on the purpose/objectives of the exercise?
Situation Manual or Exercise Plan
2. If exercise has been conducted are the following included:
After -action report
Sign -in sheets or roster
3, If billing for overtime and backfil€, has a spreadsheet been provided that lists attendee names,
department, *of hours spent at exercise, hourly rate and total paid to each attendee?
Have documentation from entity's financial system been provided to prove attendees were
paid?
For backfill, has a clear delineation/cross reference been provided showing who was
backfilling who?
4. Have the names on the sign -in sheets been cross-referenced with the names of the individuals for
whom exercise reimbursement costs are being sought?
5. Have any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc.) in support of
the exercise? If so, receipts and proof of payment shall be included.
Canceled check, bank statement or transaction history (Showing the transaction was
processed by the bank)
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that statement
B. Have any expenditures occurred on rental of space/locations for exercises planning and conduct,
exercise signs, badges, etc.? If so, receipts and proof of payment shall be included.
Canceled check, bank statement or transaction history (Showing the transaction was
processed by the bank)
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that statement
7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or
Purchasing Basics Attachment if further clarity is needed,
Sole Source
State Contract (page showing contract #, price list)
Competitive bid results (e.g, Quotewire, bid tabulation page)
EQUIPMENT
U 1. Has the zero dollar invoice and signed from the consultant/contractor been include?
Li 2. Has an AEL # been identified for each purchase?
3, If service/warranty expenses are listed, are they only for the performance period of the grant?
4. Has proof of payment been included?
87
Canceled check, bank statement or transaction history (Showing the transaction was
processed by the bank)
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that statement
5. If EHP form needed, has a copy of the approval DNS been included?
6. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or
Purchasing Basics Attachment if further clarity is needed,
Sole Source
State Contract (page showing contract #, price list)
Competitive bid results (e.g. Quotewire, bid tabulation page)
TRAVEL/CONFERENCES
1, Have all receipts been turned in, itemized and do the dates on the receipts match travel dates?
Airplane receipts
Proof of mileage (Google or Yahoo map printout or mileage log)
Toll and/or Parking receipts
Hotel receipts (is there a zero balance?)
Car rental receipts
Registration fee receipts
Note: Make sure that meals paid for by conference are not included in per diem amount
Li
i J 2. if travel is a conference has the conference agenda been included?
3. Has proof of payment to traveler been included?
Canceled check, bank statement or transaction history (Showing the transaction was
processed by the bank
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that statement
Copy of paycheck if reimbursed through payroll
SALARY POSITIONS
1. Has a signed timesheet by employee and supervisor been included? Timesheet shall certify the
hours and information presented as true and correct.
2. Has proof for time worked by the employee been included? Is time period summary included?
Statement of Earnings
Copy of Payroll Check
Payroll Register
For fusion center analysts, have the certification documents been provided to the Division
to demonstrate compliance with training and experience standards?
For fusion center analysts, has documentation of PPR submission via the annual Fusion
Center Assessment been provided to the Division to demonstrate compliance with
performance measurement requirements?
ORGANIZATION
1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names,
department, # of hours spent at exercise, hourly rate and total paid to each attendee?
Have documentation from entity's financial system been provided to prove attendees were
paid?
For backfill, has a clear delineation/cross reference been provided showing who was
backfilling who?
88
For Contract Security has time & effort documentation been submitted? Is a time period
summary included? (Signed & certified timesheets reflecting the name and number of hours
spent) **A signed contract between subrecipient and vendor shall be provided that
outlines the agreement— number of officers, hourly rate, frequency, price, etc....)
MR ALL REIMBURSEMENTS - THE FINAL CHECK
n
n
1. Have all relevant forms been completed and included with each request for reimbursement (including
Daily Activity Reports for OPSG)?
2. Have the costs incurred been charged to the appropriate POETS category?
3. Does the total on all Forms submitted match?
4. Do all quotes and invoices from the selected vendor provide a legible signature from vendor?
5. Do all paid invoices show a $0.00 balance?
U 6. Has Reimbursement Form been signed by the Grant Manager and Financial Officer?
7. Has the reimbursement package been entered into Sub -Recipients records/spreadsheet?
8, Have the quantity and unit cost been notated on Reimbursement Budget Breakdown?
9. If this purchase was made via Sole Source, have you included the approved Sole Source
documentation and justification?
10. Do all of your vendors have a current W-9 (Taxpayer Identification) on file?
11. Has the Attachment G (found within Agreement with FDEM) or proof of SAM.gov registration been
provided for the contractors/consultants with the reimbursement package,
Please note; FDEM reserves the right to update this checklist throughout the life of the grant to ensure
compliance with applicable federal and state rules and regulations.
n
89
ATTACHMENT M
FOREIGN COUNTRY OF CONCERN AFFIDAVIT —
PERSONAL IDENTIFYING INFORMATION CONTRACT
Section 287.138, Florida Statutes, prohibits a Florida "Governmental entity"2 from entering
into or extending contracts with any other entity whereby such a contract, or extension thereof,
could grant the other entity access to an individual's personal identifying information if that
entity is associated with a "Foreign Country of Concern."3 Specifically, section 287.138(2),
Florida Statutes, prohibits such contracts with any entity that is owned by the government of
a Foreign Country of Concern, any entity in which the government of a Foreign Country of
Concern has a "controlling interest,"4 and any entity organized under the laws of or which has
its principal place of business in a Foreign Country of Concern.
As the person authorized to sign on behalf of Sub -Recipient, I hereby attest that the company
identified above in the section entitled "Sub -Recipient Vendor Name" is not an entity owned
by the government of a Foreign Country of Concern, no government of a Foreign Country of
Concern has a controlling interest in the entity, and the entity has not been organized under
the laws of or has its principal place of business in a Foreign Country of Concern.
I understand that pursuant to section 287.138, Florida Statutes, I am submitting this affidavit
under penalty of perjury.
Sub -Recipient Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip:
Phone Number:
Email Address:
Certified By:
AUTHORIZED SIGNATURE
Print Name and Title:
Date:
2As defined in Section 287.138 (1)(d), Florida Statutes,
3As defined in Section 287.138 (1)(c), Florida Statutes.
4 As defined in Section 287.138 (1)(a), Florida Statutes,
90
MEMORANDUM OF AGREEMENT
URBAN AREA SECURITY INITIATIVE FY 2023
"Jurisdiction"
Agreement Number: R0924
FAIN Number: EMW-2023-SS-00058-S01
CFDA #: 97.067
This Agreement is entered into this_ day of 2024, by and between the City
of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and
(the "Participating Agency").
to
RECITALS
WHEREAS, the U.S. Department of Homeland Security (USDHS) is providing financial assistance
Ilam urban area n the amount $13,802,313.00 dollars through the Urban Area Security Initiative
(UASI) Grant Program 2023; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program
2023; and
WHEREAS, as the USDHS requires that the urban areas selected for funding take a regional
metropolitan area approach to the development and implementation of the UASI Grant Program 2023 and
involve core cities, core counties, contiguous Jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the 2023 Urban Area has been defined Miami and Ft. Lauderdale collectively and
anticipates sub -granting a portion of the UASI funds in accordance with the grant requirements; and
WHEREAS, the City Commission, by Resolution No. , adopted on
2024, has authorized the City Manager to enter into this Agreement with each participating agency on
behalf of the City of Mia , and
WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the
Urban Area Working Group process to enhance Miami and its surrounding jurisdictions ability to respond
to a terrorist threat or act.
NOWTHEREFORE, 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 UASI Grant Program 2023 which was made available by the U.S. Department
B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring
II. SCOPE
A. The provisions of this Agreement apply to UASI Grant Program 2023 activities to be performed at the
request of the federal government, provided at the option of the Sponsoring Agency, and in conjunction
with, preparation for, or in anticipation of, a major disaster or emergency related to terrorism and or
weapons of mass destruction.
B. No provision in this Agreement limits the activities of the Urban Area Working Group or its Sponsoring
Agency in performing local and state functions.
III. DEFINITIONS
A. Critical Infrastructure: Any system or asset that if attacked would result in catastrophic loss of life and/or
catastrophic economic loss management of resources (Including systems for classifying types of
alifications 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
C. UASI Grant Program 2023: The UASI Grant Program 2023 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 equipment, training, planning, organization and exercise needs of large
high threat urban areas, and program activities must involve coordination by the identified core city,
core county/counties, and the respective State Administrative Agency. Funding for the UASI Grant
Program 2023 was appropriated by U.S. Congress and is authorized by Public Law 108-11, the
Emergency Wartime Supplemental Appropriations Act, 2003. The funding will aid in building an
enhanced and sustainable capacity to plan, prevent, protect, mitigate, respond to, and recover from
threats or acts of terrorism for the selected urban areas.
D. National Incident Management System (NIMS): This system will provide a consistent nationwide
approach for federal, state, and local governments to work effectively and efficiently together to prepare
for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. To
2
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.
E. Urban Area Working Group (UAWG): The State Administrating Agency Pont of Contact (SAA POC)
Mayor/CEOs from
within the defined urban area to identify
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 the grant.
F. Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and
county/counties, or with which the core city or county/counties have established formal mutual aid
agreements.
IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the City of Miami Fire -Rescue Department,
authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency.
B. Coordinating with named counties and cities, with the respective State Administrative Agency, and with
the FDEM and USDHS.
C. Conducting a comprehensive Urban Area Assessment, which will in turn guide the development of an
Urban Area Sta
D. Ensuring the participation of the following critical players in the assessment and strategy development
process: law enforcement, emergency medical services, emergency management, the fire service,
hazardous materials, public works, governmental administrative, public safety communications,
healthcare and public health.
E. Developing a comprehensive Urban Area Stakeholder Preparedness Review and submit to the SAA
POC.
F. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1".
G. Ensuring satisfactory progress toward the goals or objectives stipulated in "Exhibit #1".
H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit #1 ".
3
I. Submitting required reports.
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the main liaison and partner with the City of
Miami Fire -Rescue Department, authorized to carry out the herein agreed upon responsibilities of the
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".
D. Complying with all UASI Grant Program 2023 requirements as stipulated in "Exhibit #1".
E. Participating as a member of the Urban Area Working Group to include coordinating with and assisting
conducting a comprehensive Urban Area Assessment, which in turn will guide
F. Ensuring the participation of the following critical players in the assessment and Stakeholder
Preparedness Review 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 comprehensive Urban Area assessment and
Stakeholder Preparedness Review.
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".
K. Maintaining an equipment Inventory of UASI purchased items.
L. Ensure that equipment obtained from the UASI Grant Program 2023, as identified in "Exhibit #2", is
readily available for use by personnel trained to use such equipment for actual emergencies, special
4
events or exercises. Also, ensure that such equipment is readily available for onsite monitoring by
DHS, FDEM, and the Sponsoring Agency. If the Participating Agency is incapable of staffing the
equipment, such equipment shall be made available to another Participating Agency for use during any
actual emergencies, special events or exercises. Failure to ensure equipment availability may result in
loss of funding and/or equipment to the Participating Agency.
M. All equipment obtained from the UASI Grant Program 2023, as identified in "Exhibit 2", is the sole
responsibility of the receiving agency. This includes, where applicable, maintenance, replacement,
training on equipment, and insuring of equipment and personnel, and compliance with intra-agency
auditing requirements.
VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE:
A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely
B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in
a timely fashion. The Sponsoring Agency will prepare consolidated reports for submission to the State
of Florida 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.
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 $750,000 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
2 CFR 200.
5
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 UASI Grant Program 2023 assistance
for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland Security The
the Comptroller General, these documents are related to the receipt or use of such assistance. I he
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
I he rarticip sting Pigency 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 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.
6
E. This Agreement will end on September 30, 2025, unless otherwise extended, by a written amendment
duly approved and executed prior to September 30, 2025, 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.
IX. MISCELLANEOUS OVERALL
Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and such counterparts shall together constitute but one and
the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this
Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on
the party whose name is contained therein. Any party providing an electronic signature agrees to
promptly execute and deliver to the other parties an original signed Agreement upon request.
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
ATTEST:
BY: BY:
Todd B. Hannon
City Clerk
Arthur Noriega
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
BY: BY:
City Attorney
7
Ann -Marie Sharpe, Director
ATTEST:
Name:
Title:
PARTICIPATING AGENCY
"(sub -recipient)"
BY:
NAME:
TITLE:
FID #:
DUNS:
APPROVED AS TO FORM AND
CORRECTNESS:
8
2023 UASI Sub -Recipients
Broward County Emergency Management (BEMA)
Broward Sheriff's Office (BSO)
Coral Gables
Coral Springs
Fort Lauderdale
Hialeah
Hollywood
Key Biscayne
Miami Beach
Miami Gardens
Miami -Dade (Fire, Police and Emergency Management)
Miramar
Monroe County (Fire, Police and Emergency Management)
Palm Beach County Emergency Management
Palm Beach County Sheriff's Office (PBSO)
Pembroke Pines
Sunrise
Regional — Projects shared across the entire region that includes members listed
above as well as:
Florida Department of Law Enforcement (FDLE)
CITY OF MIA.MI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
FROM:
Arthur Noriega, City Manager
Office of the City Manager
DocuSigned by:
r
�f�
75F7DD837FD2458...
Josepn r. Lanralban, Fire Chief
Department of Fire -Rescue
December 7, 2023
DATE :
SUBJECT:
FILE:
Position Request — GF Senior Budget
and Financial Support Advisor
REFERENCES:
ENCLOSURES:
This memo serves as a respectful request to add, and subsequently fill, one (1) Grant Funded Senior
Budget and Financial Support Advisor to the Department of Fire -Rescue's Table of Organization. This
position shall be 100% funded (salary and wagcs) by the Urban Area Security Initiative ("UASI")
Grant Program, awarded by the US Department of Homeland Security.
Over the last few years, the UASI program's funding has more than doubled to over $14M annually,
without any increase in staffing. The impacts of the additional funding were not experienced until
earlier this year when reimbursements related to the increased funding periods began and resulted in
delays. The requested position is critical to our ability to successfully manage and administer the UASI
Grant Program ("Program").
The Grant Funded Senior Budget and Financial Support Advisor will be responsible for: overseeing
the Program's financial audit requirements and ensuring compliance with Federal, State, and Local
rules and regulations; developing the Program's operating budget; serving as a subject matter expert
regarding the City's financial system; liaising with the Finance Department when Program related
errors/issues arise; supervising management and administrative personnel; and performing diversified
financial administrative duties to include assisting with required financial reports, accounting, and
record keeping.
Should you approve this request, Fire will then seek the approval of the City Commission, as required.
I thank you in advance for your consideration in this matter.
Class Title: Grant Funded Senior Budget and Financial Support Advisor
Class Code: 1168
Salary: $68,664.96 - $135,951.09
Approved
DS
Pe
A. Plasencia, AFC R. Hevia, DFC
DocuSigned by:
[irRutoNbVit-IA, December 12, 2023 I 11:45:02 EST
•� 850CF6C372DD42A...
Arthur Noriega, City Manager
DS
Page 1 of 1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
FROM:
Arthur Noriega, City Manager
Office of the City Manager
DocuSigned by:
C
75F7DD837FD2458
J(mcpii r. ...
�wir uban, Fire Chief
Department of Fire -Rescue
December 7, 2023
DATE : FILE :
SUBJECT: Position Request:
GF Special Projects Assistant
REFERENCES:
ENCLOSURES:
This memo serves as a respectful request to add, and subsequently fill, one (1) Grant Funded Special
Projects Assistant to the Department of Fire -Rescue's Table of Organization. This position shall be
100% funded (salary and wages) by the Urban Area Security Initiative ("UASI") Grant Program,
awarded by the US Department of Homeland Security.
Over the last few years, the UASI program's funding has more than doubled to over $14M annually,
without any increase in staffing. The impacts of the additional funding were not experienced until
earlier this year when reimbursements related to the increased funding periods began and resulted in
delays. The requested position is critical to our ability to successfully manage and administer the UASI
Grant Program ("Program").
The Grant Funded Special Projects Assistant will report directly to the Special Projects Coordinator
and have several programmatic responsibilities which include: providing professional administrative
support; assisting with the management of Program projects; ensuring funding allocations are in
compliance with rules and regulations; creating spreadsheets to track budgetary expenditures (e.g.
purchases, reimbursements); ensuring the timely processing of reimbursement packages, direct
payments, and expense reports; the purchasing, receipt, and inventory of all equipment and supplies;
coordinating meetings; payroll reconciliation; as well as performing other duties, as needed.
Should you approve this request, Fire will then seek the approval of the City Commission, as required.
I thank you in advance for your consideration in this matter.
Class Title: Grant Funded Special Projects Assistant
Class Code: 8932
Salary: $56,490.51 - $111,847.63
yDoc�""�u�Signed by:
Approved _[' ' 'yriDecember 12, 2023 I 11: 45 : 30 EST
850CF6C372DD42A...
Arthur Noriega, City Manager
r
g
A. Plasencia, AFC R. Hevia, DFC
Page 1 of 1
THE CITY OF MIAMI, a municipal
ATTEST:
By: By:
Todd
B. Hannon
City Clerk
Arthur Noriege
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
Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of
which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and
the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement
(whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name
is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other
parties an original signed Agreement upon request.