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HomeMy WebLinkAbout25231AGREEMENT INFORMATION AGREEMENT NUMBER 25231 NAME/TYPE OF AGREEMENT CITY OF CORAL SPRINGS DESCRIPTION MEMORANDUM OF AGREEMENT/URBAN AREA SECURITY INITIATIVE FY 2023/FILE ID: 15350/R-24-0071/MATTER ID: 24- 2524 EFFECTIVE DATE November 4, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/4/2024 DATE RECEIVED FROM ISSUING DEPT. 11/4/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Fire -Rescue DEPT. CONTACT PERSON: Vishwani Ramlal-Campbell EXT. 5465 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: " City of Coral Springs IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES 12 NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ® NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Memorandum of Agreement PURPOSE OF ITEM (BRIEF SUMMARY): To execute FY 2023 Urban Area Security Initiative (UASI) and Memorandum of Agreement (MOA). COMMISSION APPROVAL DAT 2/22/2024 FILE ID: 15350 ENACTMENT NO.: R-24-0071 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR November 1, 2024 PRINT: ROBIRR'tOUJ I 09: 59: 54 SIGNATURE: XJ4. EDT - ..1 Pk-r tka Initial SUBMITTED TO RISK MANAGEMENT November 1, 2024 PRINT: ANN I 10:10:35 SIGNATURE: - Wilir41ARPE EDT Fru& aotJ7 SUBMITTED TO CITY ATTORNEY November 1, 2024 PRINT: GEORG I 13:20:2�DTcU SIGNATURE: §ONG IIIri ignedby:1 apt-Or9t, W1Sbl4 (Q APPROVAL BY ASSISTANT CITY MANAGER `— 88 776E 9 F E 88248 B ... PRINT: SIGNATURE: RECEIVED BY CITY MANAGER November 4, 2024 PRINT: ART I 08: 54:10TocuSlgned SIGNATURE: NORIEGA by: a' ' """ ' 0 `— .58eFBC37,DU42A... PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2023 "City of Coral Springs" Agreement Number: R0924 FAIN Number: EMW-2023-SS-00058-S01 CFDA #: 97.067 This Agreement is entered into this 4 day of November 2024, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and the City of Coral Springs, (the "Participating Agency"). RECITALS WHEREAS, the U.S. Department of Homeland Security (USDHS) is providing financial assistance to the Miami urban area in 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. R-24-0071 adopted on February 22, 2024, has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the Urban Area Working Group process to enhance Miami and its surrounding jurisdictions ability to respond to a terrorist threat or act. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow: 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 of Homeland Security and the State of Florida Division of Emergency Management (FDEM). B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring Agency. II. SCOPE A. The provisions of this Agreement apply to UASI Grant Program 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 resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. B. Core County: The County within which the core city is geographically located. The core city is the City of Miami. C. 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 Point of Contact (SAA POC) must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identify POCs from these jurisdictions to serve on the Urban Area Working Group. The Urban Area Working Group will be responsible for coordinating development and implementation of all program elements, including the urban area assessment, strategy development, and any direct services that are delivered by 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 Stakeholder Preparedness Review. 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 Sponsoring Agency. B. Participating Agencies and any sub -grantees must abide by the grant requirements including budget authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of assets as stipulated in "Exhibit #1". C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct purchases of equipment or services as stipulated in "Exhibit #1". 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 the. City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide development of an Urban Area Stakeholder Preparedness Review. 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 by the Sponsoring Agency. B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in a timely fashion. The Sponsoring Agency will prepare consolidated reports for submission to the State of Florida 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 with the U.S. General Accounting Office Government Auditing Standards and 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 or the Comptroller General, these documents are related to the receipt or use of such assistance. The grantee will also give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. C. Financial Status Reports are due within 14 days after the end of each calendar quarter. A report must be submitted for every quarter that the award is active, including partial calendar quarters, as well as for periods where no grant activity occurs as stipulated in "Exhibit 1". D. Submit progress reports to describe progress to date in implementing the grant and its impact on homeland security in the state. E. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties as identified in "Exhibit 2". VIII. CONDITIONS, AMENDMENTS, AND TERMINATION A. The Participating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in full force and effect. 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 March 30, 2025, unless otherwise extended, by a written amendment duly approved and executed prior to March 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. ATTEST: Todd B. Hannon City Clerk SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida DocuSigned by: avt6r Navitia. BY: eF 8^3-72.E764PA Arthur Noriega City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ,—DocuSigned by:—DS DocuSigned by: BY: SKI' hiSbini) II( ` i09 BY: �Vaunk Gaw�c� `— 88 /76 EJF E'88248B... 273S.�C88.1.8I4L7... George K. Wysong III Ann -Marie Sharpe, Director City Attorney Department of Risk Management 7 ATTEST: Name: Title: PARTICIPATING AGENCY "(sub -recipient)" BY: NAME. AAWA) TITLE: \/ i (- l`n ki Q if FID#: 5 "1 i))3LI(/z DUNS: 1 014 3 q LVp APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney 8 • �)Vi OF 4I y3 4. o R CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Fire -Rescue DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "State of Florida Division of Emergency Management" IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? 0 YES ® NO TYPE OF AGREEMENT: 0 MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ® GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT 0 PUBLIC WORKS AGREEMENT 0 MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY To execute FY 2023 Urban Area Security Initiative ("UASI") and Memorandum of Agreement (MOA's). COMMISSION APPROVAL DATE: 2/22/2024 FILE ID: 15350 ENACTMENT NO.: 24-0071 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR February 23, 2024 PRINT: Tyrone Mened by: I 12: 57: 5 eyr, e,t., Nlc SIGNATURE: aavaoeneo7nseoe SUBMITTED TO RISK MANAGEMENT February 23, 2024 PRINT: ANN I 13:00: SIGNATURE: ARIB SHARPE 5Rio,.aO t, 2e5c631e214e7. SUBMITTED TO CITY ATTORNEY March 7, 2024 PRINT: VICT 16: 57:25 ESTr7/ SIGNATURE: ,s1PEKIE // �" �_ r i EF9neFflLFne 57 DS , APPROVAL BY ASSISTANT CITY MANAGER PRINT: SIGNATURE: RECEIVED BY CITY MANAGER March 11, 2024 PRINT: ART I 09:43:30 ELT SIGNATURE: NORIEGA °ocusienedby: aI N vity. PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER AGENDA ITEM SUMMARY FORM File ID: #15350 Date: 01/08/2024 Commission Meeting Date: 02/22/2024 Requesting Department: Department of Fire- Rescue Sponsored By: District Impacted: All Type: Resolution Subject: Special Revenue Project - UASi Grant Program FY 2023 Purpose of Item: Resolution to establish a Special Revenue Project entitled "Urban Area Security Initiative ("UASI") Grant Program FY 2023", appropriating funds in the amount of $13,802,313.00 received from the Department of Homeland Security, through the State of Florida, and authorizing the City Manager to execute Memoranda of Agreements with contiguous partners, outlining their responsibilities in connection with their support of the UASI Project administered by the Department of Fire -Rescue (Fire"). Further authorizing the City Manager to approve the creation and subsequent hiring of 2 civilian administrative personnel to assist Fire with managing the UASI Grant Program. Background of Item: The Department of Fire -Rescue ("Fire"), through its Division of Emergency Management ("DEM"), serves as the lead agency of the Miami Region, from Monroe to Palm Beach Counties, for the Department of Homeland Security's Urban Area Security Initiative ("UASI") Grant Program ("Program"). The Department of Homeland Security ("DHS"), through the State of Florida, Division of Emergency Management, has sub -granted the Program for fiscal year 2023 to the City of Miami and over twenty (20) other contiguous partner agencies ("Partners') in the amount of $13,802,313.00, which targets DHS funding to "high threat" urban areas in order to prevent, respond to, and recover from threats or acts of terrorism and other disasters of natural or man-made origin. These funds will be used, as stipulated by the grant, for the purchase of specialized equipment, to conduct exercises, training, and administrative services, and for the development of the Urban Area Homeland Security Strategy, and other planning activities, needed to ensure a successful program. Additionally, to effectively manage the Program and ensure that both the City of Miami and its Partners maintain compliance with the Program's strict grant requirements to not put the grant at risk, DEM intends to add two (2) administrative support personnel whose salaries and wages shall be 100% funded by said Program. Lastly, the City Commission authorizes the City Manager to execute Memoranda of Agreements with the following Partners: Brower(' County Emergency Management, Broward County Sheriff's Office, the City of Coral Gables, the City of Coral Springs, the City of Fort Lauderdale, the City of Hialeah, the City of Hollywood, the City of Miami Beach, the City of Miami Gardens, the City of Miramar, the City of Pembroke Pines, the City of Sunrise, Miami -Dade County (Fire, Police and Emergency Management), Monroe County (Fire, Police and Emergency Management), Palm Beach County Emergency' Management, Palm Beach County Sheriff's Office, the Village of Key Biscayne, and regional projects shared across the entire region that include the members listed above as well as Florida Department of Law Enforcement, setting forth the parties' responsibilities in connection with the development and support of the Program. Budsiet Impact Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $13,927,468.47 Start UD Capital Cost: $13,802,313.00 Special Revenue Account No: 11100.189000.431000.0000.00000 (Grant) 11100.189000.512000.0000.00000 (Salaries) 11100.189000.521000.0000.00000 (FICA) Department of Fire -Rescue Department of Fire -Rescue Department of Fire -Rescue Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Ty McGann Johnny Duran Eloy Garcia Pedro Lacret Made Gouln Arthur Noriega V Valentin J Alvarez Juan Carlos Perez Victoria Mendez Nicole Ewan Reviewed By Fire Department Review Fire Budget Review Fire Chief Review Budget Analyst Review Budget Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Completed 01/08/20241:02 PM Completed 01/08/20241:26 PM Completed 01/09/2024 7:21 AM Completed 01 /09/202411:21 AM Completed 01/16/2024 7:30 PM Completed 01/16/2024 7:31 PM Completed 01(16/2024 7:47 PM Completed 02/06/2024 6:36 PM Completed 02/07/2024 9:45 AM Completed 02/22/2024 9:00 AM City of Miami Legislation Resolution Enactment Number: R-24-0071 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15350 Final Action Date:2/22/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2023"; APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME BY THE CITY OF MIAMI ("CITY") DEPARTMENT OF FIRE -RESCUE ("FIRE"), IN THE AMOUNT OF $13,802,313.00, CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY ("DHS") THROUGH THE STATE OF FLORIDA'S DIVISION OF EMERGENCY MANAGEMENT ("FDEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND EXECUTE THE SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND THE FISCAL YEAR 2023 UASI GRANT PROGRAM, AS NECESSARY AND TO EXECUTE ANY AND ALL OTHER RELATED MODIFICATIONS, AMENDMENTS, AND EXTENSIONS ON ALL MATTERS, EXCEPT THOSE DEALING WITH FUNDING CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSES PURSUANT TO THE UASI GRANT GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENT(S) WITH ITS CONTIGUOUS PARTNERS SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY CITY'S FIRE CONTINGENT UPON FUNDING OF THE PROJECT BEING SECURED; AUTHORIZING THE CITY MANAGER TO APPROVE THE CREATION AND SUBSEQUENT HIRING OF ONE (1) GRANT FUNDED SENIOR BUDGET AND FINANCIAL SUPPORT ADVISOR AND ONE (1) GRANT FUNDED SPECIAL PROJECTS ASSISTANT IN FIRE, AS REQUIRED PURSUANT TO RESOLUTION NO. R-23-0448 ADOPTED DECEMBER 11, 2023, AND SUBJECT TO THE LIMITATIONS AND REQUIREMENTS SET FORTH IN RESOLUTION NO. R-22- 0230; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES TO ADJUST, AMEND, AND APPROPRIATE THE FISCAL YEAR 2023-2024 OPERATING BUDGET, FIVE-YEAR FINANCIAL PLAN, STRATEGIC PLAN, AND MULTI -YEAR CAPITAL PLAN REGARDING CITY SERVICES AND RESOURCES AS NECESSARY, LEGALLY ALLOWED, AND APPLICABLE IN ORDER TO CREATE SAID POSITIONS FOR FIRE; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS OF THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS TO UPDATE THE RELEVANT FINANCIAL CONTROLS, PROJECT CLOSE-OUTS, ACCOUNTING ENTRIES, AND COMPUTER SYSTEMS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Homeland Security ("DHS") is authorized, pursuant to the Emergency Wartime Supplemental Appropriations Act of 2003, to provide funds to states for subsequent distribution to selected urban areas to address the unique equipment, training, planning, exercise, and operational needs for large urban areas and to assist states in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the DHS, through the State of Florida's Division of Emergency Management ("FDEM"), approved the City of Miami ("City") Department of Fire -Rescue ("Fire") to receive a subgrant award for the Urban Area Security Initiative ("UASI") Grant Program ("Program") for Fiscal Year ("FY") 2023, in the amount of $13,802,313.00 ("Grant"); and WHEREAS, as the lead agency, the Fire Is responsible for the overall administration of the Program which includes over twenty (20) other contiguous partner agencies ("Partners"); and WHEREAS, Fire will use the Grant to continue to address the unique equipment, training, planning, exercise, and operational needs of the City and its Partners and continue to build an enhanced and sustainable operations capacity to prevent, respond to, and recover from threats or acts of terrorism ("Project"); and WHEREAS, in accordance with the FY 2023 Program, the attached Memoranda of Agreements ("MOAs") with the Partners of the City, including Broward County Emergency Management, Broward County Sheriffs Office, the City of Coral Gables, the City of Coral Springs, the City of Fort Lauderdale, the City of Hialeah, the City of Hollywood, the City of Miami Beach, the City of Miami Gardens, the City of Miramar, the City of Pembroke Pines, the City of Sunrise, Miami -Dade County (Fire, Police and Emergency Management), Monroe County (Fire, Police and Emergency Management), Palm Beach County Emergency Management, Palm Beach County Sheriff Office, the Village of Key Biscayne, and the Florida Department of Law Enforcement (collectively "Contiguous Partners"), will set forth the Partners' necessary guidelines and responsibilities in connection with the coordination, development and support of the FY 2023 UASI Program administered by Fire and will permit the City to reimburse its Partners for their eligible expenditures that are compliant with the Project and subject to available funding from the Grant; and WHEREAS, over recent years, the administration of the Grant awarded to the Program has more than doubled without any increase in Fire's staffing; and WHEREAS, Fire is in need of administrative support personnel to effectively manage the Program and ensure that both the City and its Contiguous Partners maintain compliance with the Program's strict requirements and obligations pursuant to the subgrant agreement; and WHEREAS, on September 23, 2021, the City Commission adopted Resolution No. R- 21-0402 approving the General Fund Budget for the City for the Fiscal Year beginning October 1, 2021, and ending September 30, 2022 ("Fiscal Year 2021-22") in the amount of $877,301,000 and the total Budget for all non -capital funds in the amount of $1,368,052,000 (collectively, "Adopted Budget"); and WHEREAS, on October 1, 2021, pursuant to Resolution No. R-21-0408, the City Commission modified and amended the City's Adopted Budget and the Capital Plan for Fiscal Year 2021-22 as follows: (€) notwithstanding the language in Resolution No. R-21-0402, including but not limited to the language in Section 16 of Resolution No. R-21-0402, in order for the creation of or change In temporary or permanent positions in Fire to be effective, the City Commission must first confirm the creation or change of such positions by an affirmative vote, and (ii) requiring that, notwithstanding anything in Resolution No. R-21-0402 or the Capital Plan to the contrary, an affirmative vote of the City Commission is required prior to any and all movements of monies that are different from the line item -budgets' approved amounts as adapted on September 13, 2021 for the Capital Plan and as adopted on September 23, 2021 for Resolution No. R-21-0402, for the departmental budgets of Fire; and WHEREAS, pursuant to the City Commission's directives in Resolution No. R-23.0448, adopted December 11, 2023, and the limitations and requirements set forth in City Commission Resolution No. R-22-0230, Fire seeks approval to create and subsequently. hire two-(2)•new. . civilian positions consisting of one (1) Grant Funded Senior Budget and Financial Support Advisor and one (1) Grant Funded Special Projects Assistant (Positions") to better assist Fire with the administration of current and future grants awarded by the Program; and WHEREAS, the salaries and wages of the Positions shall be completely funded by the Program; and WHEREAS, it is in the best interests of the City to authorize the City Manager to make any and all necessary changes to adjust, amend, and appropriate the City's Operating Budget, Five -Year Financial Plan, Strategic Plan, and Capital Plan regarding City services and resources as necessary, legally allowed, and applicable in order to create and hire the Regions; and WHEREAS, It is also in the best interests of the City to ratify, approve, and confirm certain necessary actions of the City Manager and designated City departments to update the relevant financial controls, project close-outs, accounting entries, and computer systems; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CiTY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth In this Section. Section 2. The following new Special Revenue Project is established, and resources are appropriated as described below; FUND TITLE: Urban Area Security initiative ("UASI") Grant Program Fiscal Year 2023 RESOURCES; Department of Homeland Security ("OHS") $13,802,313.00 through the State of Florida Division of Emergency Management ("FDEM") APPROPRIATIONS: $13,802,313.00 Section 3. The City Manager is authorize& to accept the Grant, to execute the subgrant agreement, in substantially the attached form, for the Project and authorized to negotiate and execute any and all other necessary documents, all in forms acceptable to the City Attorney, in order to implement the acceptance of and compliance with the Grant, Section 4. The City Manager is further authorized to extend the FY 2023 Program, as necessary and to execute MOA with the Contiguous Partners for the purpose of setting forth the Partners' responsibilities in connection with the development and support of the FY 2023 Program administered by Fire, contingent upon funding of the Project being secured. Section 5. The City Manager is authorized' to approve the creation end subsequent hiring of two (2) new civilian positions in Fire consisting of one (1) Grant Funded Senior Budget and Financial Support Advisor and one (1) Grant Funded Special Projects Assistant, as required pursuant to Resolution No. R-23-0448 adopted December 11, 2023, and subject to the limitations and requirements set forth in Resolution No. R-22-0230. Section 6. The City Manager is authorized' to make any necessary changes to adjust, amend, and appropriate to the Fiscal Year 2023-24 operating budget, five-year financial plan, strategic plan, and multi -year capital plan regarding City services and resources as necessary, legally allowed, and applicable in order to create and hire said positions for Fire. Section 7. Certain necessary actions by the City Manager and the designated City departments to update the relevant financial controls, project close-outs, accounting entries, and computer systems are hereby ratified, approved, and confirmed. Section 8. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor ey 2/7/2024 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. ATTEST: DocuSigned by: By: DocuSigned by: Todd B. Hannon City Clerk APPROVED AS TO FORM AND CORRECTNESS os ,-DocuSigned by: GrAixt_ L ,JCP By: —F IFF4fAFFFFnd57 Victoria Mendez City Attorney THE CITY OF MIAMI, a municipal Corporation of the State of Florida ,--DocuSigned by: By: Qvf ur IU�vtc,�a. oGocrcc372DD42A... Arthur Noriega City Manager APPROVED AS TO INSURANCE REQUIREMENTS .—DocuSigned by: Fro& AkItil) By: `-777osrP71a71,1F7 Ann -Marie Sharpe, Director 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. FUND TITLE: RESOURCES: Urban Area Security Initiative ("UASI" ) Grant Program FY 2023 USDHS directly to FDEM $13,802313.00 APPROPRIATIONS: $13,802,313.00 Whether the award Is R&D: Agreement Number: R0924 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT -2 C;r.Vt; §200,1 states tFipt a "aubaward may be provided through any form of legal agreement, including an agreement that the pase.through entity oonslders a contract," As defined by 2 C.K.R. §200.1, "passathrough entity" means "a non -Federal entity that provides a aubaward to a Sub•Reoiplent to carry out part of a Federal program." As defined by 2 Q.F.R. §200.1, 'Sub -Recipient" means 'a non -Federal entity that receives a aubaward 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." A's ttefliied-by 2' .F,R. 200:1 'siibiiNbr0' ineaneari award pro iJdi if by siFuse-through entity to A Sub- Recipient for the Sub -Recipient to carry out part Oa Federal award received by the pass -through entity." The following information le provided pursuant to 2 C.F.R. § 200.332: Sub -Recipient's name: C1ty of MAn1Fire Rgscue Sub-Reolplent's unique entity tdentlfler: 072220701 Federal Award Identification Number (FAIN): EMW,202,3788-0Q05B-S0i Federal Award Date: 9/1/2023-0431/2026. aubaward Period of Performance Start and End Date: 0Q 0/30//20$6 Budget Period Start and End Date: ,W/1/2023.W 1)8/31/2026 Amount of Federal Funds Obligated by this Agreement: $131: 0,2,3j.3,90 Total Amount of Federal Funds Obligated to the Sub -Recipient by the pares -through entity to Include this Agreement: $50,811,840 00 Total Amount of the Federal Award committed to the Sub -Recipient by the peas -through entity: Federal award project description (see FFATA): Name of Federal awarding agency: Name of pose -through entity: Contact information for the pass through entity: 413802,313,00 . sae _Artlpl0.1. AgreefpopJ: articles Pam. of Homeland Sgouriti 1 , ptvision of Ememengy *mt. Kevin Guthrie, Execgt,Ive,giractaC 2656 Shureard Oak Boulevard TallehassekFlorida 32,90 Assistance ',Wings. Number and Title B7,Q@7.HomeJBnd Segttrlty Grant PrQttl Indirect cost rate for the Federal award: 31.90% 1 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters In Tallahaesee, Florida (hereinafter referred to as the "Division"), and City of Miami Fire Rescue, (hereinafter referral to as the "SubrRealpir nt" ). For the purposes of this Agreement, the Division serves es the pass -through entity for a federal award, and the Sub•Reolplent 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 reosive these grant funds to provide the services identified herein, p. The State of Florida received these grant funds from the Federal Goveriment, :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. THEPEFORE, the Division and the Sub -Recipient agree to the following: (1) APPLIQATION.QF,STATELAWTOTHISAG ,EtRM I • 2 C.F.R, § 200,302(0) provides: "teach state must expend and account for the Federal award in acoarxtanoe with state laws and procedures for expending and accountingfor the state'% own funds..." Therefore, section 215.e71, Florida Statutes, entitled "Agreements funded with federal or state assistance," applies to this Agreement, (2) k,6,WS. t Ui..gs, REGU AL'Ic),R AND PQLIQIES 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 213,971(1), Florida Statutes, this Agreement includes: 1. 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 fate quantifiable units of deliverables that must ba 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. Ill. A provision specifying the financial consequences that apply if the Sub. Recipient falls to perform the minimum level of service ;squired by the agreement, • Iv. A prQvieslQn specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period, v. A provision speollyIng that any balance of unobfgated funds which has been advanced or pall must be refunded to the Division, 2 vi, A provision specifying that any funds paid in excess nfthe amount to which the Sub -Recipient Is entitled under the terms and conditions of the agreement must be refunded to the Division. o, 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 O. 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 subrReolpient performance; and, if. Review and document all deliverables for which the Sub -Recipient requests payment,. b. The Division's Grant Manager for this Agreement is: Ch60fia ,ierkin$ 2555 phord Oaf Seelevard TOO aSeee, Floats Teleolten ; 85Q-815 4342 J mall: Chande.Jenklesaem.rnyfioride,corn o. The name and address of the Representative of the Sub•Reciplent responsible for the administration of this Agreement Is: Asst. Fire Chief Adrian a 444 SW 2nd Avenue, loth Mx Miami, FL. 33130 Telephone: 305-416-5402 Fax 305 416 4665 Email; Apiasenola(itmiemigoy,gom. 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 CONDITIQN$ This Agreement contains all the terms and conditions agreed upon by the parties. (6) g4=3,14ti This Agreement may be executed in counterparts, each of which shall bean original and ail of which shall constitute but one and the same instrument, This Agreement shall be signed by the Sub -Recipient end returned to the Division for execution no letor than forty -rive 06) days following initial notification of receipt, Failure to return the signed agreement by the deadline may result in termination of the grant award, (6) .1POiFi9ATTQN Either party rney 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 Imitate and attached to the original of this Agreement. Subreoiplents may Initiate a cane -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 subreoIpient shall notify the Division In writing with the supporting reasons and revised period of performance at least one hundred eighty (160) calendar days before the end of the period of performance, This onetime extenaion shall not be exercised merely for the purpose of spending down the award balance. Extensions require explicit prior Division approved when: (I) The terms and conditions of the federal award prohibit the extension, (ii) The extension requires additional federal funds. (ID) The extension Involves any change In the approved objectives or scope of the project. (7) , f a aF The Sub -Recipient shall perform the work In accordance with the Budget and Scope of Work, Attachments A and Id of this Agreement, (8) P., f?IOD OF AQI EEMFNT, • This Agreement shall begin upon execution by both parties and shall end September 30, 2026 unless terminated earlier in. acoordance 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" thle 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 216,971(1)(d), Florida Statutes, the $ub•Recipient niay expend funds authorized by this Agreement "only for allowable ooste resulting from obligations incurred during" the period of agreement, (9) 'UI P.11Q d, 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 en annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. 4 c, The Division shell 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 enoh 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. § 200.416(a), any request for payment under this Agreement shall include a certiflcatlon, stoned by an offloIal whq js gpthorized to legally bind the Selspeolpitset, which reads as follows; "By signing thla report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives sat forth in the tens and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omiasion 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 -measurer outlined in Attachment-B, . - - that clearly delineates: I. The required minimum acceptable level of service to be performed; and, li. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 216.971(1)(b), Florida Statutes, remains gonsistent with the requirement for a "performance goal", which Is defined In 2 C.F.R. § 200.1 as "e target level of performance expressed es 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, thet the Division and the Sub -Recipient "relate financial date to performance goale and obtecctives 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 G.F.R. § 200.430 (*Compensation--pereoner services") and 2 C.F.R. § 200,431 ("Compensation —fringe benefits"). lithe 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 (ee 29 U.S.C. § 207(a)(2)), then the Division shall treat the expense as 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•Reolplent. 2 C.P.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; 5 Ii. The costs era equitably allocated to all related activities, InaludIng federal awards; anti, The accounting basis (cash or accrual) seleated 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 DIvieien shell reimburse the Sub -Recipient for travel expenses in accordanca with 2 C.F.R, § 200,476, 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-Reolplent seeks reimbursement for travel costs that exceed the amounts stated In section 112.061(6)(b), Florida Statutes (S6 for breakfast, $11 for lunch, and $10 for dinner), then the Sub -Recipient shell provide documentation that: I. The caste 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 216,071(2)(o), Florida Statutes, shall reconolle and verify all funds received against all funds expended during the grant agreement period and produce a final recroncigetion report, The final report shall Identify any funds paid in excess of the expenditures incurred by the Sub.. teciplent, J. As defined by 2 C.F.R. § 200,1, the term "Improper payment" means or includes; 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 Iegepy applicable requirements; and, II, Any payment to an ineligible party, any payment for en ineligible good or service, any duplicate payment, any payment fora good or service not received (except for such payments where authorized by law), any payment that does not account for credit for rtippltceble dIe ounte, and any payment where insufficient or lack of docurrrentaticn prevents a reviewer from discerning whether a payment was proper. le Any advance payment under this Agreement Is subJeot to section 216,161(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 jestific8tian statement shall be included with this Agreement as tndioeted in Attachment E, Justification of Advance Payment, Attachment E shali specify the amount of advance disbursement requested end provide an explanation of the necessity for and proposed use of the funds, (10)Rl CQ8pS 0, 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-Reolpient which are pertinent to the Federal award, In order to make audits, examinations, excerpts, and transcripts. The right 6 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 20.065(6)(q) and 216.$7(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or arty 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 thls Agreement, in order to make audits, examinations, accrete, 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, g 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 oonsultant3 paid from funds under this Agreement for a period of three (3) years from the dote 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 finanolal report, respectively, as reported to the federal awarding agency or pass through entity In the oaso of a Sub -Recipient, federal awarding agencies and pass -through entities shall not Impose any other record retention requirements upon non-federal entitles, I. If any litigation, claim, or audit is started before the expiration of the three (3) year period, the recordsshall be retained until ail litigation, claims, or audit findings involving the records have been resolved end 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. 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 oases, 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 nonfederal entity's fiscal year in which the program income Is earned, vl. Indirect cost rate proposals and cot allocations plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allooation plans, and any similar accounting computations of the rate at which a particular 7 group of costs is chargeable (such as computer usage chargoback 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 prolapse!, plan, or other oomputation Is not required to be submitted to the federal Government (or to the pass -through entity) for negotiation purposes, then the three ($) 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. 1n accordanoe 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•Roolplent when It determines that the records possess iong-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 ere continuously needed for joint use, e, In accordance with 2 C.F.R. § 200,336, the Division shell 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 forma 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, baslo 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 8 entity, then, to the extent that private entity Is performing that public purpose, Section 288,011, Fierida 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 thtttvoiunteer firedepertint; Thus, to the e>4tont that the 16vernrnent in'the Sunshine Law applies to the Sub -Recipient based upon the funds provided under thls Agreement, the meetings of the Sub-F eolpient'e governing board or the meetings of any subcommittee making recommendations to the governing beard may be subject to open government requirements, These meetings shall be publicly noticed, open to the public, and the minutes of ail the meetings shall be public records, available to the pubile; in accordance with chapter 110, Florida Statutes, h. Chapter 119, Florida Statutes (Florida'$ Public Records Law), provides a right of eccsss to the records of the state arid Io0a1 government® as well as to private) entities acting an their behalf. Unless specifically exempted from dlselosure by the Legislature, ell materials made or received by a governmental agerioy (or a private entity acting on behalf of such an agency) In conjunction with official business which ere used to perpetuate, communicate, or formalize knowledge qualify ae public records subjeot 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 delegetee a public tirnotion 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 servicea provided by A private entity determine whether that entity la acting on behalf of a public egenoy and is therefore subjeot to the requirements of chapter 119, Florida Statutes, I. The Sub•Rocipiont shell maintain ali records for tiie Sub -Recipient and for all auboontractors or consultants to be paid from funds provided under this Agreement, Including clooumentation of all program costa, in a form sufficient to determine compliance with the requirements and objectives of the Program Budget and Soope of Work Attachment A and B . and all other applicable laws and regulations. IF THE CONTRACTO.R HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 110, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (860) 615.7671, Reeords( iem.rnyfiorlda,co►n, or 2556 Shumard Oak Boulevard, Tallahassee, FL 32390, (11)k11JpITp a The Sub -Recipient shall comply with the audit requirements contained in 2 C,F,i , Pert 200, Subpart F. b, In accounting for the receipt end expenditure of funds under this Agreement, the Sub-Reolpient shuli follow Generally Accepted Accounting Prinolplos ("GAAP"). As deflned by 2 C,F.R. g 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: g• DEMSingleAudit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 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.aov h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingleAuditt"a.em. mvflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 I0 (12),U,PORT& a, Consistent with 2 C,F.R, § 200,328, the Sub-Reclplent shall provide the Division with quarterly reports and a close-out report. These reports shall include the currant status and progress by the Sub -Recipient and all subcontractors In completing the work described in Attachment 8-Scope of Work and the expenditure of funds under thls 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 -cut report, The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. o. 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 Attaohments A and 8 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 8. (13) yMOtllTQRJNQ„ a. Consistent with 2 C.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 end 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 aomply 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 finanolel management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. 11 (14)LIABii,ITY 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; es authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division.harmlessagainst all claims ofwhatever nature by third Parties Silent; from the'worit performance under thls Agreement. For purposes of this Agreement, Sub -Recipient agrees that It le not an employee or agent of the Division but is an independent contractor, b. As required by section 788.26(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined In section 768,26(2), Florida Statutes, agrees to be fully responsible for Its negligent or tortlous acts or omissions which result in claims or sults 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_subdivleion of the. State.of Flaridrsl.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)QEFAJLT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds ehail 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 suoh remedies, and without becoming liable to make any further payment If: a. Any warranty ar representation made by the Sub -Recipient In ties Agreement or any previous agreement with the Division Is ar becomes false ar misleading in any respect, or If the Sub. Recipient falls 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 Sut,Reolplent falls to cure this adverse change within thirty (30) days from the date written notice Is sent by the Division; a. Any reports required by this Agreement have not been submitted to the Division or have been submitted with Incorrect, Incomplete, or insufficient Information; or, 12 d. The Sub -Recipient has failed to perform and complete on time any of Its obligations under this"Agreement, (18)AEMgP1ES If an Event of Default occurs, than the Division shall, after thirty (30) calendar days written notice to the Sub•teolpient 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 ($0) days prior written notice of the termination, The notice shalt be effective when placed in the United States, first class mall, 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 inolude 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, 11. Issue a written warning to advise that more serious measures may be taken If the situation Is not corrected, Ili. Advise the Sub-Reciprant to suspend, discontinue or refrain from incurring costs for any sotivitias 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 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 9, 13 any right or remedy In this Agreement or fails to insist on strict performance by the Sub -Recipient, It shell 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)T RMIN/ TIQN The Division may terminate this Agreement for cause after thirty days (30) written notice. Cause can Include misuee of funds, fraud, look 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 emended. 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.Diviston may terminate this Agreementfor conuenlence..orwhen .it determines,.in ..... Its sole discretion, that continuing the Agreement would not produce beneflciel moults in line with the further expenditure of funds, by providing the Sub-Reoipient with thirty (30) calendar days prior written notice. d, The parties may .,! ree 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 notiflaetlon of termination. The Sub•Reclpient 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 Divielon because of any breach of Agreement by the Bub-Reciplent. 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)PE©GUR MRN't a, The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement compiles with all applicable federal and state Taws and regulations, to include 2 C.F, Pt. § 200,318 through 200,327 as well as Appendix II 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-Reclplent 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 proourement, selection of contract type, contractor selection or rejection, and the basis for the contract price," 14 o. 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 specifloatlons 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 ail subcontractors performing work under this Agreement. d. ExQept 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(e)(2), if the Sub-Reatplent chooses to subcontract any of the work required under thls 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 eollaltstton, The Division shall review the solicitation and provide comments, If any, to the Sub -Recipient within seven (7) business days. Consistent with 2 G.F.R. g 200,325, the Division shall review the solloltation 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 Subreolpient. While the Sub -Recipient doe 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 identities any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the rseven (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 provisions outlined in paragraph (17) above; and, II, Refuse to relmburee the Sub-Reclplent for any costs associated with that solicitation. e. Except for procurements by micro -purchases pursuant to 2 C.F.R, § 200.320(e)(1) or procurements by small purchase procedures pursuant to 2 C,P.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 oontraot execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub-Roolpisnt within Bevan (7) business days. Consistent with 2 C.F.R. § 200,326, the Division shall review the unexeouted contract for com pilanao with the procurement standards oi, U tned in 2 C.F.R. § 200.516 through 200,327 as well es Appendix Ii to 2 C.P,R, Part 200. Consistent with 2 C.F.R, § 200.318(k), the Division shall not substitute its judgment for that of the Suss -Recipient. While the Sub.Rsoiplent 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.tho Division's review, the Sub -Recipient remains bound by all appiicebie laws, regulations, and agreement terms. If during Its review the Division identifies any deficiencies, then the Division shall oommuntcate those deficiencies to the Sub-Rcahlpient as quickly as possible within the seven (7) business clay 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: 1. Terminate this Agreement in accordance with the provisions outlined In paragraph (17) above; and, 11, Refuse to reimburse the Sub -Recipient for any costs assoolated with that subcontract. f. The Sub -Recipient agrees to include in the suboontract that (1) the subcontractor Is bound by the terms of this Agreement, (II) the subcontractor is bound by all applicable state and federal Imes and regulations,.anal(.fii).tbe uboontraotorshail_hoid.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. § 200,3180)(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 end adrnlnistratlon of contracts." h. As required by 2 C,i~.R. § 200.319(b) contractors that develop or draft speQificatlons, requirements, statements deed, or invitations for bids or requests for proposals shall be excluded from competing for such procurements, The Sub -Recipient or passethru entity shall disclose to the Division, In writing, any renal or potential conflict of Interest that may arise during the administration of the Federal award, es defined by federal statutes or reguletions, or their own existing policies, within five (6) 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 femily, or hie or her partner has e close personal relationshlp, business relationship, or professional relationship, with a recipient or Sub. -Recipient. 1, As required by 2 C.F.R. § 200.319(a), the Sub -Recipient shall conduct any proourament under this agreement "in a manner providing full and open competition," Accordingly, the Sub -Recipient shall not, I. Place unreasonab]e requirements on firms in order for there to qualify to do business; companies; contraots; il. Require unnecessary experience or excessive bonding; III. Use noncompetitive pricing practices between firms or between affiliated Iv, Execute noncompetitive contracts to consultants that are on retainer 16 v. Authorize, condone, or Ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vil. 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; vial, Engage In any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract If that bidder waa 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 not use a geographic preference when procuring commodities or services under this Agreement. k. The Sub -Recipient shall conduot any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. § 200,320(b)(1) as well as section 287,087(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 eaoh 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-Reciplent shall comply with the requirements of 2 G.F.R. § 200,321 ("Contracting with small end 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 httpe://www.fema.gov/grants/procurement. FEMA periodically updates this resource page so please check back for the latest Information. While not ail the provisions discussed in the resources are applicable to this subgrant agreement, the Sub-Reciplent 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 es Appendix II to 2 C.F.R. Part 200, (18),TCACUMENTS AN* 4X1-Ifp!TS a, All attachments to this Agreement are incorporated es It 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. 17 a. This Agreement has the following attachments: I. Exhibit 1 - Funding Sources II. Exhibit 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 - Dellverabiea end Performance Ali. Attachment q Program Statutes and Regulations Attachment E - Justiflcation of Advance Payment x. Attachment F M Warranties and Representations xi. Attachment G — Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion xii. Attachment H — Statement of Assurances Attachment I m Mandatory Contract Provisions xiv, Attachment J Financial and Program Monitoring Guidelines xv. Attachment IC-- EHP Guidelines xvl, Attachment L ,a Reimbursement Checklist xvil. Attachment M— Foreign Country of Concern Affidavit —Personal Identifying Information Contrast iZO)PA.YM NTH. a. If the necessary funds are not available tofund 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 pert of the Division to make any further payment of funds shalt terminate, and the Sub -Recipient shall submit its closeout report within thirty (:30) daysof receiving notice from the Division. b. Invoices shall be submitted at least 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 etroumatances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub. Reolpient'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 218,181(18), Florida Statutes. All requests for advance payments shall be reviewed and considered on a oase•byoase basis, Alt advances ere 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 justlflaatlon statement shall be inoluded in this Agreement. All advance 18 requests shell be submitted at the time of execution of the original agreement, unless am Environmentai 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 bean 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)f3gPAYME a. All refunds or repayments due to the Dlvielon under this Agreement are to be made payable to the order of 'Division of Emergency Management", and mailed directly to the following address: iDivision of Emergency Management ()ashler 2555 Shureard gale Boulevard Tallahassee FL 32399.2100 b. in accordance with section 2115,34(2), Florida Statutes, If a check or other draft is returned to the Divialon for colieatlon, Sub -Recipient shall pay the Division a aervic, fee of $15,00 or 8% of the face amount of the returned check or draft, whichever is greater, ,(22)MANDATEDONDitogo, 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 SuleReolplent 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. Ail of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or eny material changes shall, at the option of the Division,and with thirty ($0) 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-Reolplent submit to the jurisdlotion of the courts of the State of Florida oxolusively for eny legal action related to this Agreement, Further, the Sub -Recipient hereby waives any and ell privileges end rights relating to venue it may have under chapter 47, Florida Statutes, and any end all such venue privileges and tights it may have under any other statute, rule, or case law, including, but not limited to those grounded on convenience. The Sub-FTaoiplent hereby submits to venue In the county chosen by the Division, to wit: Leon County, Florida, a. Any power of approval or disapproval granted to the Divlalan under the terms of this Agreement shall survive the terror of this Agreement, 19 d, The Sub -Recipient agrees to comply with the Amsrloane With Disabilities Act (Public Law 101-336, 42 U,S,D. Section 12101 p ), whion prohibits discrimination by public and private entities on the basis of disability In employment, public accommodations, transportation, State and iocel government services, and telecommunications, e. Those who have been placed on the conviptg, vendor list fallowing a conviction for a public entity crime or on the gteertmlnatept, vendor list shall not submit a bid on a contract to provide any geode or cervices to a publio entity, shall not submit a bid on a contract with a public entity for the oonstruotion or repair of a public building or pubilo work, shali not submit bids on leases of real property to a public entity, shall not be awarded ar perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, end shalt not transact business with any public entity In excess of $2 ,000,00 fora period of thirty.slx (36) rnonths from the date of being placed on the convicted vendor list or on the dtsoriminatory vendor list, f. Any Sub -Recipient which Is not a local government or state agency, and which +et ebr funds under this Agreement.frann_the Petieral-Qovernrnent,-certifissrto-the-bost-of-itp.itnowledge and belief, that it and its principals: I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, ar voluntarily excluded from covered transactions by a federal department or agency; ii, Have not, within a five (t3) 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 obtaih, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or oommissien of embezzlement, theft, forgery, bribery, falelflcation or destruction of records, malting false statements, or receiving stolen property; 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.11. of this certiflostion; arid, Iv. Have not within a five (a) year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g, if the Subi•Reclplent 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 end "Voluntary Exclusion" (Attachment Q) for each intended subcontractor which Sub. Recipient plane to fund under this Agreement. The form shall be received by the Division before the Sub-Roclplent enters into a contract with any subcontractor, I. The Division reserves the right to unilaterally cancel thls Agreement if the Sub., Recipient refuses to allow puhlio access to all documents, papers, letters or other material subject to the 20 provisions of chapter 119, Florida Statutes, whioh 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. rn, Unless preempted by federal law, the Division may, at its option, terminate the Contract if the Contractor Is found to have submitted a false oertitication as provided under seotion 287,136(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 Twist, 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)I40J3Y1N9 PRQ1110ITl9N a. 2 C.F.R, § 200,460 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216,347, Florida Statutee, 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." o. No funds or other resources received from the Division under this Agreement mey 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 modifioatlon of any federal Contract, grant, loan or 000perative agreement. II. If any funds other than federal appropriated funds have bean 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 thls federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form.LLL, "Disclosure of Lobbying Activities" 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 disolose. •iv, - This certification -Is a material -representation of fact upon which reliance was - placed when thls transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering Into this transaction imposed by Section 1362, Title 31, U.S. Code. Any person who falls 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, v. if this subgrant agreement amount Is $100,000 or more, the Sub -Recipient, and subcontractors, as appllceble, shall sign Attachment M — Certification Regarding Lobbying. (24)CQPYRJCj-jT. 6T.DTAND TRADE 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; Ai+ID, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUBMI EOIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a preexisting patent or copyright, the Sub-Reolpient 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 oopyrightable material are produced, the Sub-Reolpient shall notify the Division, Any copyrights accruing under or in connection with the performanos under this Agreement are transferred by the Sub-Reclplent to the State of Florida 22 c. Within thirty (30) days of execution of this Agreement, the Sub-Reclplent shell disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rises to et patent or copyright. The Sub -Recipient shell retain all rights and entitlements to any pre-existing Intellectual property which is disclosed. Failure to disclose shell indicate that no such property exists, The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which aocrue 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 coneelved exclusively by the employees of the Sub. Recipient shelf 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 shad have an equal, undivided Interest in and to such Joint Inventions. The Division shall retain a perpetual, Irrevocable, fully paid, nonexclte ive IICense, for Its use and the use of Its contractors of any resulting patented, copyrighted ar trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes, (25)L 0AL AuThgal ATIQ�n The Sub4 ecipient certifies that it has the legal authority to receive the funds under tie Agreement and that its governing body hae euthorlxed the execution and acceptance of hie Agreement, The Sub - Recipient also certifies thet the undersigned person has the authority to legally execute and bind Sub - Recipient to the terms of thle Agreement. (20)reQUALOP QRTUNI1'Y EMPIOYMperT a, in a000rdance with 41 C.F.R. § 6b.1,4(b), the Sub•ReoIpient 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 et 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 or the federal government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program Involving suoh grant, contract, loan, insurance, or guarantee, the following equal opportunity ciauee: During the performance of this contract, the contractor agrees as follows: i, The oontrectorehail riot dlaoriminate 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, ar transfer; recruitment or recruitment advertising; layoff qr termination, rates of pay or other forms of eompeensation; 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. il. The contraotor shall, In ail solicitations or advertisements for employees placed by or on behalf of the contractor, state that all quslifled applicants shall receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. Ili. 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 whioh 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 not otherwise have access to such information, unless such disclosure is In response to a formal complaint or chanie, in furtherance of en Investigation, proceeding, hearing, ar....._. 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 labor union or workers' representatives of the contractor's oommitments 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, end of the rule:, regulations, and relevant orders of the Secretary of Labor. vi. The contractor shall furnish ail information and reports required by Executive Order 11246 of September 24, 1965, end by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shell permit access to hie 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. vtl. 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 oontractor 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, 1065, or by rule, regulation, or order of the Seoretary of Labor, or as otherwise provided by I. vial. 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 24,1966, so that such provisions shall be binding .upon each subcontractor or vendor. The contractor shell take suoh action with respect to any aubcontract or purchase order as the sdministerIng agency may direct as a means of enforoing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomesInvolved 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 suoh 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 preotioos 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, instrumentollty or subdivision of such government which does not participate in work on or under the contract, o, The Sub-Reciplent agrees that it shall assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the cornpliance 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 Of' contract modification subject to Executive Order 11246 of September 24,1966, 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 Ii:, Subpart D of the Executive order, In,additlon, 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 thls grant (contract, loan, lnsursnoe, 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 prooeedings. (27)~p4P.jLQmr7 ANTl•KIC'1~ The Sula 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. § 3146, and the requirements of 29 C.F.R. pt. 3 as may be applioable, which are Incorporated by reference Into this contract, ii. Subcontracts. The contractor or subcontractor shall Insert in any auboontraota 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 Tower tier subcontracts, The prime contractor shall be responsible for the compliance by any suboontractor 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)QQNTRACT.W.QRKIIOURS AND SAFETY STANDARDS If the Sub-Rooipient, with the funds authorized by this Agreement, enters Into a contract that exceeds $100,000 and Involves the employment of mechanics or laborers;ben any duck "contract • •-• " shall Include a provision for compliance with 40 U.S.C. $702 and 3704, as supplemented by Department of Leber regulations (29 CFR Part 5). tinder 40 U.8,O. 3702 of the Act, each contractor shall be required to compute the wages of every meohanlc 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 oarnpenaated 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 purohases of supplies or materials or articles ordinarily avellable on the open market, or contracts for transportation, (29) i D If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds 8150,000, 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, 7401-7871q) and the Federal Water Pollution Control Act es 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 AND QERARMENT 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 le 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.I. § 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 G and 2 C.F.R. pt. 3000, subpart 0 and shall include a requirement to comply with these regulations In any lower tier oovered transaction it enters Into. lIL 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.I. 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. lv, 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 thls offer, The bidder or proposer further agrees to include a provision requiring such compliance In its lower tier covered transactions. (31)jlyD AttT(-J.,QBBY(4G AMENDMENT, If the Sub -Recipient, with the funds authorized by this Agreement, enters into a oontrnot, then any such contract shall Include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bld for an award of $100,000 or more shall file the required certification. Eaoh tier certifies to the tier above that It shall not and has not used federal appropriated funds to pay any person or organization for Influencing or attempting to Influence an officer or employee of any agency, a member of Congress, officer or employes of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U,S,C, § 1352, Each tier shall also disclose any lobbying with non- federal Rinds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient if the Sub -Recipient enters Into a contract with a subcontractor for an award of 8100,000 or more, the subcontractor shall sign Exhibit 3 — Certification Regarding Lobbying. (32),poNTRAGANG vim BMALLANP IYIINO CITY IUS;N SSE$, WQMEN's POINESS ENTERPRISES. AND t,ABQRSVRPLUS AREA FIRM 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; 1, Piecing qualified small and minority businesses and women's business enterprises on solicitation lists; 11. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 27 Dividing total requirements, when economically feat, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; N...___. Estabilshing_delivery schedulee,.wl ,be nitlrarnent pemite, which. . enoourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, es popropriete, 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 aubcontrapts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requireme►it 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, o. 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 small 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"). 031AMANCS The Sub -Recipient shalt comply with any Statement of Assurances incorporated as Attachment H. [Remainder of page Intentionally left blank] 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: CITY OF MIAMI FIRE RESCUE —'DocuSig"ned by: QYTu uv' Nbint,ija By: \_aanrcar avonneoe Name and Title: Arthur Noriega, City Manager March 11, 2024 1 09:43:30 EDT Date: FID# 59-6000375 If signing electronically: By providing this electronic signature, I am attesting that understand that electronic signatures are legally binding and have fhe 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 fhe authenticity of fhe electronic signature. I 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 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. STATE OF FLORIDA DIVISION OF EMERGiN Y 11ANA �IIIENT By: Aept,die4i Name Title: Kevin Guthrie, Exec tive D rectos Date: 29 MST —1 Federal Programs and Resources Awarded THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUS -RECIPIENT UNDER THIS AGREEMENT: Federal Program: HOMELAND SECURITY GRANT PROGRAM Federal Agency: U.S. Department of Homeland Security, Federe[Emegency Management Catalog of Federal Domestio Assistance title and number: 97.Q67 Award amount 13.02313.00 THE FOLLOVVING COMPLIANCE REWIRE ENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Federal Program; HOMELAND ,91001mglausogam List applicable compliance requinaments 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(6)(a), IorkIa Statutes, require that the information about Federal Programs and State Projects included in Exhibit I be provided to the Sub-Reciplent, lit ITV OF MIAMI FIRE RESCUE Wit-ft Date: march L1, 2024 I 09:43:30 EDT By: OfIfIFfir17211f142A Arthur Noriegai City Manager Printed Name and Title 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 signature's. 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 ancitor script fonts are not acceptable as a digital signature. All electronic signatures shall be certified digital signatures and Include: the slgnee'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. 30 EXHIBIT — 2 Certification Regarding Telecommunications and Video Restrictions Effective August 13, 2020, 0HS/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 violas 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 Flew! Year 2019 (FY 2019 NDAA), Pub. L. No, 115-232 (2018), and 2 C.F.R. § 200.218, 200.327, 200,471, AND Appendix II to 2 G.F.R. Part 200. Sub-Reelplents may use IDHS/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 NQFO. DHS/FEMA shall publish additional guidance in a subsequent Information Bulletin or similar notice. Per section 8890)(2)-(3) of the FY 2019 NLAA, covered telecommunications equipment or services means: 1. Telecommunications equipment produced by Huawel Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of ouch entities); Z. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastruoture, and other national aecurity purposes, video surveillance and telecommunications equipment produced by Hyters Communications Corporation, Hangzhou Hikvielon Digital 'Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3, Telecommunications or video surveillance services provided by such entitles 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 e substantial or essontial component of any system, or as orifice! technology as part of any system, during contract performance or at any time or by any other source, the SubaReclpient shaft report the Information to the Divielon: 1. Within one (1) business day from the date of such Identification or notification: The contract number; the order nurnber(p), 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. StibofitspIpligittnelTY OF MIAMI FIRE RESCUE y' \*,�-6:10urYl4S►dutlaiH Arthur Notiega, City Manager Printed Name and Title Date: arch 11, 2024 109:43:30 EDT If signing electronically: By providing this electronic signature, I am attesting that l understand that electronic signatures am 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 am 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: NI This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement shall excee_ci, $100,000 purguWnt to 2 C.F.R. Part 200, Appendix II(I); 31 U,$.C, § 1362; and 44 C.r.R. Part 18, Title Certification Is n„ gt, required because the Contract, Grant, Goan, or Cooperative Agreement shall be equal to or lass than $100,000, PE DI .P p I CA N I G L 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 Influenoing 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 et any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, ar 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 hi connection with this federal contract, grant, Loan, or cooperative agreement, the undersigned shall complete and submit Standard Farm-LLL, "Disclosure Form to Report Lobbying," In accordance with ite instruotlons, 3, The undersigned shall require that the language of thls certification be included in the award documents for ail subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loane, and cooperative agreements) and that all Sub,Reoipients shall certify and disclose accordingly. i 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 melting ar 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 esoh such failure, The Sub -Recipient or subcontractor, City cif Miami .. , ... , certifies or affirms the truthfuinees and accuracy of each statement of its certification and disclosurecertifies, If any. In addition, the Contractor understands and agrees that the provisions of 31 U,S,C, Ch. 38, Administrative Remedies for ads ' "trod Statements, apply to this certification and disclosure, If any, rt Noi p c ,7 ng"." Signature of Seb•Reolplent/subaontrsctor's Authorized Official Arthur Noriega, City Manager Name and T1tIs af3ub-Reolpientlsubcantraator's Authorized Official March 11, 2024 109:43:30 EDT Pete 33 EXHIBIT -. 4 Certification Regarding Fusion Center Analyst Requirements State and urban area fusion centers receiving SHSP or UASI grant funds wlil be evaluated based an compliance with the guidance and requirements for the National Network es set forth by OHS intelligence and AnalyeIs_(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 DNS I&A and reported to FEMA, Subreoiplents will be required to provide information regarding their information sharing partnerships, including how they will Identity, address, and overcome any existing laws, policies, and practioes 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. FusllonC Reference Number -202 :,I._,...... Performance Measures Percentage offederef information Intelligence f eport-s (I IRO nrlglnit#ing from Nolan center information that address a specific intelligence Community need 2023.2 Percentage of federal llla 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 PBi 2023.4 Number of SAR vetted and submitted by fusion centers that involve an Individual on the Watohlist 2023.5 Percentage of Requests for Information (RF1s) from the Terrorist Screening Center (TSC) for which Melon 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 andlorfederal 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 statetlocal 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 canter 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 2023.16 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 2023,19 Number of tips and leads vetted by the fusion center that were provided to other Fl8LTT agencies for follow up action 2023.20 Number of responses to RF1s from at sources 2023.21 Number of situational awareness products developed and disseminated by fusion centers 2023.22 Number of case support andlor tactical products developed end 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 2023.26 Number of pubiic'sefety incidents in which fusion centers played a direot role Sph4teqlpfeintottiTY 4F MIAMI FIRE RESCUE By; art i Y t;I�a d56�rdt dl117�AYn.,, Arthur Nortega, City Manager Printed Name and Title Date: March 11, 2024 i 09:43:30 EDT if signing electronically; ay providing this electronic signature, I am attesting that! understand that electronic signatures are legally binding and have the same meaning as handwriitten signatures. l am also confirming that internal controls have been maintained, and that policies and prom cedunas were properly followed to ensure the authenticity of the oleotrbnla .signature. 1 acknowledge that typewritten endlorsaript 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 bast 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 Equiprnent 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 Categoryllssue Amount Allocated FY 2023 - State Homeland Security Grant Program -- Urban Area Security Initiative Issue #45 CITY OF MIAMI FIRE RESCUE Total Award State M & A costs Award Allocation - Issue State Management & Administration withheld 5% $14, 528, 750.00 $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 richt) $13,802,313.00 $726,438.00 $ 690,115.65 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. 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 S83,000.00 2 Cross Cutting — Planning (To include Planners and Consultants); Line item 2023-07 1 $2,089,235.00 S2,089,235.00 7 Cross Cutting — Operational Coordination (EM Tech Support Specialist; Line item 2023-08 1 Stoo,0o0.0o St00,000.00 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 S23,000.00 $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 $2,475,881.00 TOTAL PLANNING EXPENDITURES 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 - I & I — 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 S287,500.00 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 applicants formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. Cross Cutting — Planning (Exercises); Line item 2023- 07 1 S114,000.00 $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 (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). 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 Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-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 t $66,800.00 S66,800.00 3 NP4 — Cybersecurity (Cyber Training and Assessments); Line item 2023-05 t S50,618.00 S50,618.00 5 Cross Cutting — Planning (Training Classes); Line item 2023-07 t $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 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.gov/authorized-equipment-list. Quantity Unit Cost Total Cost IJ # 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, 01ZA-06-HHAT, 19GN-00-HSSF, 04AP-05-CDSS; Line item 2023-15 t $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 i $135,560.00 $135.560.00 3 40 •i ac ..L. x ti 5. i S } + , r . J t M1 , y lf' i r � 1 r. lit p. + �.{..y, , ....., w � ,i! d%leq fr>il9at► rl,n�d ; �a 10§ q ul0 .100 ur, : t ;, ^J . �n .. J+r t_ f NP3 - CAVE w On Scene Security, Protection and LE (E00 Tactical Come and Fiber Scope); AEL #02EX•O0-KTFO, 04SN,01AIUIIT; Line item 2023.03 . . 1 $47,000.00 $47,000 00 3 ,f r. yA.,� ^l yn 1{[�-r +{R�j iyf�(]a,y epnf„}r;/�y ��A.}(�j/"��r..Ap.''y'�'yL} +" ttrl r{,{, lti � r 1 si: 5`���'t��A1�4 1 V�Y�l�rSPV� T^Ty}ii1.�5:ft. Y•{'/ tS � •t. •.. .. rI'., �. 1 5 {{ 5 '�' ,.'.•N; ),, t ,r .{ iii{. r • ',' H• ,a. NP1 - ST/CP - Prevention - Screening, Search, Detection (LPRs) AEL #030E-01-ALPR, O4AP-02-AVLS,13LE.00- $URV, 21GN-00-SHIP,21GN-OO44NST; Line item 2023.47 1 $580,920.00 $580,920.00 1 NP3 -- DVE - Environmental Response, Health and Satiety (Hemet Robots and Upgrades/Accessories); AEL #030E- O7 ROi3T, 030E-07-UPGD, O2EX-02-R13TL,10$C.00-SOLR, 10i0G-OO43ATT, Line item 2023403 1. $50,341.00 $ 01301,00 3 NP3 DVE - On Scene Security, 'Protection and LE (Non. Lethal Training Equipment); AEL #03QE-01-NLTA; Line Item 2023-03 1 $5,522,00 55,522.00� 3 » . _ NP3 w AVE - On Scene Security, Protection and LE (Night VlsIon); Al~L #030E-02 TILA, Line item2023.03 1 U214,928.00 $214,928.00 3 Cross Cutting - Operational Coordiryation (Message Boards); AEL#030E-03'wSION; Line Item 2023.01; 1 $3a,0oo.U6 . . $o,000,00 7 Response - CBRNE - Mass Search and Rescue Ups (Search and Rescue Equipment); AEL #03SR-03.SCANI, 03SR-02.TPHY, 03$R-02-MARK, 038R-02«TRIG, 038R•02- SAWS, 03SR-01-ASAG, 030E-O2•SNOC, 030E-02-TILA, 12TR.00-TEQP,100E-0O.0ENR, 21GN-0O .SHIP; Line Item 2023.12 1 $ 8,103.00 ' $250,103,00 9 ,lK' , p, Sn 'W.}Nf.t•+ Ayxi 'i v`hF� �_ 1 ,ter �''' A .t 1, : E1060 (neyk,,,., xY9g t A17...9,':.t ,ifi, ,r r. •i i s. ? {r 1 Cross Cutting - Operational Coordination (IOS Systems); AEL #04SW04-NETW, 04HW-014INHW; 04AP-00-COSS, 04AP-Q3-GGI8S; 04AP.02rAVLS Line item 2023.00 , 1 $325,280.00 $325,280.00 7 '� yf" £. i. r ��.� 55 rT! 4 J K r ij :‘ MF Y 4 ? {j 5 S 7as, ��t��Ci� 5. i1 r7� t L?igi 6: $I�. .`,i'V , .+,'., t i tr,4 F v6'�' ; +. A Y? .i <. ��r'~.e it fl , y i x:• } , r �� J x5! .: a' rs + � �' ,F�. , ;• , tiv n .r. r� :F,:,, l, t � � :. A, .a'�L NP2 -I & I - Prevention - Forensics and Attribution (Digital Forensics Sharing Pilot Program) - AEL #05H8- 0O-SRN$; Line item 2023.02 -- ., . ., 1 $222,$15.00 3222,815,00 2 v. ,,r NIP - Cyberrsscurity (Cybor Equipment); AEL #05EN-00- ETRNc4c10 .COOP; Lino item 2023 013 •. 1 $101,3z4.o0 s101,324.00 ,. ; / rr• l r, rt. / "fit.. ± t 1 J t Response - Communications - Operational Communications; AEL #06CC-Q3-SATE, OGCP-0141013L, 06CP-01PPORT; Line item .2023-13 1 522,539.00 $522,539.00 ' 9 :.a.: :iT..r:.Trr :;r:.v;:i� r',;;;�: s•`.; C:: ,rw !+ ` • }'' r a ..1. i'j ;" ' °'9,rn <,,. •,':.?:, �.� :'•a ,f. +1:j .0 r'si ;{ , , r..; ?�;,s' ;y,:z, • "j'" 'r: �fO.ij�� gtip17Cd1►�.. ,�'f•, ;�ri,a,.,; '� i.•,, a. i"�ieii ;.�, �t... v�1 Fr"" } p,; •j ..ram: i' d.'.v t:s.: Vi' ay . . 41 NP3 - EWE -. Screening, Search, Detection (Hairnet Monitors/Meters); AEL. #07CD.O1.ICPOC, 07CD-01µDPMG, 03QEE •03-KTCL, 21GN.00-SHIP; .. - 1 4$140,000.00 $140,000.00 3 NP3 - DVE - Screening, Search, Detection (EOD - (Mein/Explosive Detector); AEL #O'7EQ-01,LASR, 07>MD- 01-1 ip 1 $160,000.00 $160,000,00 _.. 3 .i''23is /ad'.�'i'�1 . . +,m C.',� j'R•' �,yr`•1. ,q �i ,,.tr. .�u)r.:• '.j'S; �:' :4''�:f::.Y�i 't!�•i(" ,•'x 1•%,4„ r::r .`4#',, � , _Ff 't„ •�} .l, `uti. :�}° •�:fi. A, r%t.l�� '�,�t'4;•. :'st.t ,f..�l'5,':'ii. e:�c ,,'t.l: : i `� 7: ri.s .'✓,. i'in4...,G1.^.: _yt '• k,q`:fi2')'.l,'.� .i2:.:;° •/f f. jY,: 1•: . t1 : riot(' `//if' r1,},.r;;a'f°; : �:: ' ' ;:. . „l x w , - "'�! ;Mtt.i .f A.. .Y''r6", a V. �' '6': d,.�.,,r.zt: �•. �.f���T,�.��.t,lr l...;J'i::ylt'arl. '.,.k:, 5 „ ���P "h�.. •�.�. f [.•�H•,'J:•.,, LL�� ytr l ✓,.t'[jjy['�'Ji {: rf';i l; '1r,t t 4}' •^..:i.. FS?+ ZS 1,5i .:f''"Th.4.-., :.'Y;'i•4Y '4 yJ r .:'4':l..,j�t J,}"4.i ;.R: . 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' t' y p y' �} p a�•� ,i.` `+1 `'iJ1'.n.m i1'1f .1 ^ c'11O $," fir 4, a 1 r.,l. ✓Fp t,a"i, !";:'Sr:r .. ,.:I �+'} g .Y �r � 51 �:= . ¢+ "'. ?.".5:.1'i h' '!' ; ..�'�„ % , n•rt ��4,a'�.r��rA��S".8��,kt.'.'•`'s�Na�`r''�•��.���}i,�;'t�<'?4-t :2t n,.�.r,)�.'.:s_:;5'�',',�.�:';: ";>.:,,.fr ,:: •.,,,;, •;.Y+ .; ,V.,';..�. :. _ i:16 �},f%.. :.:2"� t :I , `..".', :; NP2.1 I & 1 Prevention - Forensics end Attribution CrI4m Scelie Melilla- •EVIdcnOe'A Ili eia a-nd-Processing- Vehicle) AEL #12VE..00.NIISSx Line,Item 2023,02 . 1 $404,000.00 ._....._ .._... , $404,000.00 _............_,-._..._.._ . 2 Response .~ CORNE - critical Transportation (Vehicles); AEL #12VEE-00•MI$$,12VE-00-MOVR, I2VE-OO-CMDV; Line item .2023.10 1 $2,070,077.00 $x,07o,O77.00 • 9 _ pp!� {'k F} `?.51•,Gs�a1.% w .1A t5N iy-. .>.f"fS /;I i"�•M�s�A ii•l��-t`n*i%�,}A a'�''^'j a.�✓rYfu�iy}�4541 ''•fl f +yE7 allitV i ,q{•'�t�V. �1F..404' .4'lri; ��'��^ 9 x 1w�a r �it� frf t .i• ti i b' 4': ,r t i:1 ,.< >}1. r•s �5•rYr S f`'r•r i::''..i i�`�y.r,3: r Y 4 S• .svq.,., ':.r, 1 •f i •A•'c W.Y.r .,_;^ {.� !„ .-. i 1 . .tf....'t' 2 NP2 - I & I - Prevention - Intelligence and Info $1 aring (Dark Web 14flonitoring); AEL #131T-00-ALRT; Line item 202344, . ;...:.. 1 $100,000.00 $100,000.00 NPR r1 & I -- Prevention - intelligence and Info Sharing (Covert Surveillance Enhancements); AEL#131T-.00-MACE, 131T-00-INTL,13I E-00-SURV, 03OE-42MTILA, 0300.01- ALPtI, 04AP-02-DGPS, 04MViDp01-VCANM and O4,HW-01- H01Cd; Llne item 2O23 lx,._ _ ., 1 $244,365.eo $244,365.00' v NP2 - I & I - Prevention - intelligence and info Sharing (Internet Upgrade to Forensic Unit Vehicle); AEL # 13LE- OO-SURyt 4.1ne item 2023-02 . . 1 ., $48,000.00 5 , $4t ,00or,00 2 ' NPe - Election Security -- Prevention - 1&4 (MDPD Tech Ops Surveillance Equip); AEL #13LE.00-SURV; Line item 2023-00 1 ;$132,050.00 $132,050.00 G ..... •�, `...{• 4 ,.i•,••: t. .,((+u f}°,i•; :i:; ,s ,�.n, .r:i xas. ;ytt'Di ,; ;i: Y. '4. d�i;.'t' i..r.',. V.;l`i•1' r fi5a �?' (� [�f ., S'.. :55 fti •roY ' j % ••'q •' iq. l�Y,r •i� (j��,F}I ,`11�' J�'rJiti `'. .. +',,7�,A !+.i j rS• �.�•y 'p•�'.. jTkoro-•"7,y1;• 5}• y, rtti a 1''' •".k �7;)y^.,�•.7.•.. ti^•,-,�1.. 4,�..`KY.-� `>f�'.e..7,y ,i":.• T,:+ . ,fir iEe�,f ,..;;f, '',..: S•�✓ r ,•r .:,'?. 't,4:y,.i'"••`'<�' '. wS+:.,t:. ,,, y', .. .!•. -i•r%: .: ={nF. $B50,330,00 NP1.� ST/CP - Protection - Physical Protective Measures (Target Hardening); AEL #148W-01.Vi10A,148VI- 01-DOOl , 14SW-01-me,140X-00-S81R, 041-HW-01,,INHW, 04MD-03- I ISP, 210N,-00-MAIN, 21ON-O0-1NST, Line item 2023.01' 1 $850,330,00 42 NP6 - Election Security -- Protection - Physical Protective Measures (Bollards/Barriers at Polling Locations); AEL Q14.sW-01.,WALL; Dine Item 2023.06. i $443,792.00 $445,792,00 A _ Recovery . Infrastructure Systems (Ether^net Backup); AEL #14C1.014 00P; Line item 2023.14, $20,000.00 $20,000.00 10 • i1400lIbtl.Onti Screening' $' stefirts .... ; Ar iii 1`fake'arid'•ForeignlAni naltiis0a$e � R l���±'y , ,r � ! f � Yr �{�t, �i{} R¢ 11 1 K;'S !� Y �Sf 1k1 t'�N ai•tJ! S ,f .l., ' `ft` ,'d 7 I fp ,. YAftit'Y •+,!h : uk: t J ,� ,; a;X ,r..:"'5 :N. � F � �I., F 3,} 15 ti •,,J iv.1 . 3'•S ,,,, c Response - C8RNE - Critical TranspOrtatlof (Vessels); AEL #17WC-OO-BOAT; Line item 202310 " 1 $93,957.00, $93,957,U0 W9 , CB,I N Prevention er,1d1I espor efe Urimianned'Airdrift: 6BI NI ,AvlatioI1 Egirlpmen# .. ` .• `�"� ".ti l§ r',F;t' �Ys {rlyl a'M y:.` •Lu1 S;i�h (N(+'�T",i•,tnmi� A�j,••:1a'I �i �:� 0 G:: i - 6I , h' r i , 0„. , ,+,d ;., ,i^1,%„},I :y�.. 1.5i. tr .nJ:,t. ..,:^r'.:-`,'.:Ii;ij r . �; ,i.,r a f r t p ,, r. ,r Y�,5111i f`�..+^ Response - CMNE - Logistics and Supply Chain Management; AEL #10GN-00-FUEL,19MH-00-BULK, 19MH-00-CART;1000-00.0ENR; 21GN40043HIP; Line item 2023.11 i $310, $0.00 $310,980,40 9 N(t 4y40/ (,„0,4:(},}, 110 ' . ' ^•hl +)•y: :Tir' t•Fr 1N}. Ir /%11 R.i.�171 . i S j �.S Cr)ti l•e re,rnen*y 5upp1160 NP3 — DVE -Screening, &eareh, Detection (Fingerprint Scanner); AEL#20CSw01.AFIS, 09MY01-FPRN; Line item 2023.03 . ... 1 $37,960,00 . $37,96$.00 3 .w tp c w.._._.. yVy[ .`• , i P. Y . ... t i ' } y n yy p p,� (ry �j .4 1 11� W kl, . .('(� 9) 4 4,`li, 1 1tito(f4if j�ir�f�J-Y" Y C.,,'.. ,? +yL'•yr, rG� 4 [ 'h �piy�) 4 7�!7"��yA cy},+f' }s jy�,7��,'`,M ,y" j } 5 yp k. 'tl rM.M pri, ht$ i✓?};.j }`h-, it it �}:A ••:t •1 1' 1!,',. AF /� �{ p ; f 444.9s •�T,� � a lligo'7f�ryry� qyY� .�{'�-0j J�y.¢q i\ 'f. 410115: ;i • 71 � Rhi% i �p,y p� s� r��.. � Y1!,�{` „ 1h,N,fr n Pl• t P = • 1. i j (1 f �i5 t NP1 y ST/CP - Prevention - intor dIctlon an Disruption (Maritime Radar Tower); AEL #21 GN-00NCNST,14SW412., 8ADR,04$W-02-!OWIR;,Line item 2023»01 1 $40,000.00 $40,000,00 NP2 ..1 & I - Prevention M, intelligence and Info sharing (Fs$Ion Center Operations); AEL #21ON-00-OCEQ0 04HW- 01-INH1/1;121140-IN% 431T 0- LRT; Line _Item t p.. ` z50,000,ai $2 0,000.00 ,2023:02 NP2-1 & I- Prevention - Intelligence end Info Sharing (RTCC Project); AEL #21GN-00.OGEQ0 041-1W-01-INHW, 04MD-03-DISN and 21GN-00-lNST; tine, item 2023-02 1 $s0e,o0o,00 asoa,o00.00 2 NP4 - Community Preparedness and Resilience (CERT initiative); AEL #21 GN40.CCEQ, 06CP•01-PORT,190N- 00-B9P191 lne item 2923M4)4 • . t $349,813.00 ,.. $349,813.00 4 ., , , ....� „. 43 Cross Cutting — Operational Coordination (EOC Enhancements); AEL #21GN-00-OCEQ; 14CI-00-COOP, 07SE-03-ENVS, 06CC-05-PRTY, 06CC-02-DSAD, 21GN-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 i $458,204.00 S458,204.00 7 Mitigation — Long -Term Vulnerability Reduction (Maintenance and Sustainment); AEL #21GN-00-MAIN; Line item 2023-09 1 S413,252.00 S413,252.00 8 TOTAL EQUIPMENT EXPENDITURES $9,629,088.00 Ellg bte Managen►et t and Administratiori-Costs Quantity Unit Cost Total Cost IJ # 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 t $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 t $20,500.00 S20,500.00 44 Completing the Civil Rights Evaluation Tool Conducting activities related to evaluating project effectiveness for HSGP-funded projects tAL M&A EXPENDITURES $560400 TOTAL AWARD EXPENDITURES $13,802,313.00 45 ATTACHMENT 13 SCOPE OF WORK Sub -Recipients shall comply with all the requirements in 2 C.F.R, Part 200 (Uniform Administrative Requirements, Cost Principlea, and Audit Requirements for Federal Awards), The Purpose of ilie'FY 2023 FiSOP i's to"aiipport'stiate and Mai efforts to preventterrorism end•other • • catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United Staters. Funding Is provided to perform eligible activities as Identified in the Domestic Homeland Security — Federal Ernergenoy Management Agency National Preparedness Directorate Fiscal Year 2023 Homeland Security Grant Program (H$GP), consistent with the Department of Homeland Security State Stretegy. Eligible activities are outlined In the Scope of Work for each category below: Issue end Project Description — Issue 44: 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 Adminietrative Agency, will retain five (6) percent of the total UASI amount allocated to Florida for M&A purposes. These funds will provide the $AA 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 complianee with the DHS Federal Fiscal Year 2023 Homeland Security -Grant Program-GMEinve. IL 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 preperedness and management planning activities such as those assooiated with the development, review, and revision of the. THiRA, SPR, continuity of operations plans, and other planning activities that support the Goal and pining an emphasis on updating and maintaining a current EOP that conforms to the guidelines outlined in CPG /0/ v 2.0, Planning efforts may Include: • Developing hasard/threat-spocifio annexes that Incorporate the range of prevention, protection, response, and recovery activities; • Deveioping 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/oonsuitants 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 bacilli costs (in accordance with operational Cost Guidance); • issuance of WHT1-oompliant 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 operetions plans; • Deveiopment, and review and revision of the THIRNSPR continuity of operations plans; 46 • Developing or conduoting equity assessments to )address planning end preparedness disparities for historically underserved communities • Activities to achieve planning inclusive of people with limited English proficiency, Planning efforts can also Include conducting risk end resilience assessments on increasingly connected cyber and physical systems, on whloh security depends, using the lnfrestructure Resilience Panning 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 oybersecurity, 911 call capabilities, alert and warning capabilities, and implementation of the REAL Ile Act (Pub. L, No, 109-13), S. Allowa.ble Organization Related Coats (HSGP and LAASI Only) Sub.Reoipients proposed expenditures of HSGP or UASI funds to support organization activities Include; • Program Management; • Development of whole community partnerships; • Struotures and mechanisms for information sharing between the public and private sector; • • Implementing models, programs, and workforce enhancement initiatives; • Tgols, resources, and activities that facilitate shared situational awareness between the public) and private sectors; • Operational Support; • Utillzetian of standardized resource management concepts; • Desponding to an increase In the threat level under the National Terrorism Advisory System (NTAS) or needs resulting from a National Spada! Security Event; * Reimbursement for select cper ationai expenses associated with increased security measures at critical infrastreoture sites incurred (up to 60 percent of the allocation) • Migrating online services to the ",gov" Internet domain; and • Overtime for Information, lnvestigaative, and intelligence sharing activities (up to 60 percentof the allocation) • Paying salaries and benefits for personnel to serve as qualified Intelligence Analysts, Perthe Personnel Reimbursement for intelligence Cooperation and Enhancement (PRIG) of Homeland Security Act, Pub. L. No, 1'10.412, § 2, codified In relevant part, as amended, ate 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, es well es support existing Intelligence analysts previously covered by I-ISGP or UASI funding. See 6 U.S,O, § 609(a). To be hired as an intelligence analyst, staff and/or contractor personnel must meat at least one of the following criteria; b Complete training to ensure baseline proficiency in intelligence analyslsand 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 positlone/contractors/consultants at SLIT levels to deliver community preparednees training, resources end material to schools, community -based organizations, faith -based inetitutions and loom businesses. • Hiring or maintaining staff positions/contractors/consultants to create, support and maintain CE FRT or Teon CERT Intelligence Analyst Acttvitics Allowable Costs (HSGP and UASI) All fusion center analytical personnel must demonstrate qualifioatlons that meet or exceed competencies identified In the Common Competencies for state, local, and tribal Intelligence Analysts, which outlines the minimum oetegories 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 Qirectorate (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-PREV) • 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 Coneurnable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package); • ihcreased border security activities in coordination with CSP; • 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 toe Federal Agency. Operational Overtime Requests: • Except for an elevated NTA9 eiart, HSGP or UASf funds may only be spent for operational overtime costs upon prior written approval by FEMA. The $AA must submit operational overtime requests in writing to its assigned FEMA Program Analyst (PA). FEMA will consider requests for special event activities up to one year in advanoe. However, such requests must be within the award's current period of performance and must not result in the need for o request to extend the period of performance. • Ail operational overtime requests must clearly explain how the request meets the criteria of one or more of the categories listed above. Requests must address the threat environmentns it relates to the event or activity requiring operational overtime support and explain how the overtime activity Is responsive to the threat, • Post -event operational overtime requests will only be coesideted on a case -by -case basis, where it is demonstrated that exigent circumstances prevented submission of a request in advance of the event or activity, • Under no clroumstanoes may DH$/FEMA,grant funding be used to pay for costs already supported by funding from another federal source. • States with IJASI jurisdictions oan use funds retained at the state level to reimburse eligible operational overtime expanses incurred by the state (per the above guidance Iimitations),Any iJASi 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 DIeSiFi~MA 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 DHS components as necessary to verify information used to support operational overtime requests, Personnel Costs (HSGP and UASi) Personnel hiring, overtime, and backfili expenses are permitted under this grant to perform allowable I4SGP 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 aptivities, intelligence analysts and Statewide interoperability coordinators (SWICs). Sub -Recipients should refer to Information E uiletin No. 421 b, Clarification on the Personnel Reimbursement for intelligence Oooperation and Enhancement of Homeland Security Act of 2008 (Public Law 110-412 - the PRICE Apt), 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 OHS/FEMA grant activities asapeciflsd in this guidance, This may not include new personnel who are hired to fulfiil any non- DHS/FEMA program aptivities under any circumstances, Hiring will always result in a net increase of Full Time Equivalent (PTE) employees, 49 • Overtime. These expenses ere limited to the additional costa that result from personnel working over and above 40 hours of weekly work time as the diroot result of their performance of DHS/FEMA-approved activities specified in this guidance, Overtime associated with any other activity is not eligible, • Beckfiif.Related Overtime. Also called "Overtime es Backflll," these expenses are limited to overtime coats that result from personnel who are working overtire? (as Identified above) to perform the dutlee of -other personnel who ere -temporarily assigned to.DHSIFBMA,approved activities outside their core responsibilities. Neither overtime nor baokfill expenses are the result of an Increase of F"I"S employees, • Suppianting. 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 reolplents may be required to supply documentation certifying that a reduction in non4ederairesoureeFs occurred for reasons other than the receipt or expected reeelpt of federal funds, C. Allowable Organization Related Costs (OPSG) Personnel Costs: OPSG funds may be used for domestic travel and per diem, inoluding mete associated with the deployment/redeployment of personnel to border areas and for travel associated with law enforcement entitles assisting other local jurisdictions in law enforcement activities (travel costs must be In accordance with applicable travel regulatlonS). Up to 50 percent of an OPSG award may be used to pay for all personnel casts (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-Reciplent, the PBMA Administrator (or designee) may waive the 60 percent personnel cap, Waiver decisions are at the discretion of the FEMA Administrator and will be considered on a case-blecaee basis, Further, °flanges In scope or objective also require FPMA's prior written approval pursuant to 2 C,F.R, § 2O0.348(c)(1)(1). A formal OPSG personnel waiver request should: • Be on official letterhead, include a written justification, and be signed by the local jurissdietion, • Inducts, a budget and method of calculation of personnel caste both in the percentage ofthe grant award and In total dollar amount, retlecttrsg the change in scope or objective to the project, �► Include an approved Operations Order from the USBP Sector office that supports thelocal jurisdiction's written justification. • Be coordinated with the USBP Sector, SAA, and the IDHS/CI3P Office of the Border Patrol (OBP). As with ail OPSG personnel costs, ()PSG grant funds shall be used to supplement exteting funds and will not replace (suppient) funds that trove been appropriated for the same purpose. Applicants or recipients may be required to supply documentation certifying that a reduotion In nonfederal resouroes 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 taw enforcement presence on the borders, However, applying funds toward Hiring full-time or permanent sworn public safety officers Is unallowable. • QP8G4unded temporary or term appointments may not exceed the approved period of performance, • For OPSG purposes, temporary appointments are non»status appointments for lees than one year. • For °PS( purposes, term appointments are nonstatus appointments for one year, extendable for one year as necessary. • OPSG funding for temporary or term appointments may pay for salary only. Benefits arenot allowable expenses for term or temporary employees. 50 • ©PSG 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 Are of Operation; • To staff operations of limited duration; such es OPSG-enhanced enforcement patrols targeting specific locations or orlminal activity; and, • To fill OPSG positions in activities undergoing transition or personnel shortagesand local baokfill policies (medical/military deployments), • QPSG term and temporary appointments must have all necessary certifications andtraining to enforce state and local laws. OPSG 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 NOPO. • • In addition to these terms Sub -Recipients must follow their own applicable policies and procedures regarding temporary or term appointments. Operational Overtime Costs: °PSG 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 ldentlfiedand approved USBP border security operations. • The OPS0 overtime hourly rate of pay will be no more than the approved overtime rate per local law and policy and must be in accordance with applicable State and Federal regulations, • Ail overtime expenses under OPSG must be reasonable for the services rendered and conform to the non-federal entity's eetablishedd written policy, which must apply to both federally funded and non -federally funded activities and comply with the otherappilcable requirements under 2 C.F,R. §§ 200.430-200.431. • The non-federal entity may not utilize OPS% funding to pay for an employee's overtime hours or pay that exceeds ie hours worked in any 24-hour period, Unallowable Costs (MSG) 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 posts 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 sotivlttes 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 °PSG. D. Management and Administration (M&A) Management end 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; 51 • T6 assist with the management of the respective grant program, • To assist with application requirements, + To assist with compliance reporting and data collection requirements, •a Development of operating plans for Information collection and processing necessary to respond to DHS/FEMA data calls .• Overtime and baokfill costa...'_ • Travel • Meeting related expenses • Authorized office equipment • Recurring expenses such as those associated with cell phones end faxes during the period of performance of the grant program • Leasing or renting of space for newly hired personnel during the period of performance ofthe grant program • Completing the Civil Rights Evaluation Tool • Conducting activities related to evaluating project eifeotiveness for H$GP-funded projects Atlanagoment and Administration (WA) (OPSG) Management and administration (MA) activities are those directly relating to the management and administration of OPSG funds, such as Mandel management and monitoring, Recipients may retain up-to--2,8% of=the-overall_q.P_R.G-allooation._pelotttpessing-through funding to Sub -Recipients, This funding must be deducted in an equal percentage from each Sub-Reolpient. b Recipients And friendly forces may retain funding for M&A purposes; however, the total amount retained cannot exceed $ percent of the Sub -Recipient's subaward. Friendly forces are !coal few enforcement entities that are subordinate Sub -Recipients under OPSG.1n other words, friendly forces are entities that receive a subaward from a Sub' Recipient under the OPSG program. Friendly forces must oomply with all requirements ofSub-Recipients under 2 C,F,R, Part 200. E. Allowable Equipment Related Casts (SHOP and UASI) The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories for H$GP are listed an the Authorized Equipment list (AEI,). The AEI. is available at bites;//www.fema,goo/authorizedwequipmengst. 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 IHS/FEMA-adopted standards to be eligible For purchase using these funds. In addition, reclpients will be responsible for obtaining and malntai'ing all necessary certifications and licenses for the requested equipment. Grant funds rnsy be used for the procurement of medical oountermeasures. procurement of medical countermeasures must be conducted In collaboration with State/clly/!oval health departments who administer Federal funds from NHS for this purpose, Proouretrient.must have a sound threat -based justification with an aim to reduoe the consequences of mass casualty tneldents during the flrst• crucial hours of a response. Prior to procuring pharmaceuticals, grantees must have In place an Inventory management plan to avoid 'age periodic variations In supplies due to coinolding purchase and expiration dates. Grantees are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchaeea of pharmaceuticals must Include a budget for the disposal of expired drugs within each fisoal year's period of performance for HSGP. The cost of disposal oannot be carried over to another PEMA 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 piece the equipment throughout the State of Florida in such a manner that, In the event of an emergency, the equipment oan he 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 aotion 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) °PSG 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 $LTT 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 °PSG activities, it may bo appropriately marked to ensure its ready identification and primary use for that purpose, When praoticabte, any equipment purchased with OPSG funding should be prominently marked as follows: "Purchased with OHS funds for Operation Stonogarden Use" • Fuel Cost and/or Mileage Reimbursement. There le no cap for reimbursement of fuel and mileage costs In support of operational activities. O Vehicle and Equipment Acqulsttiony including Leasing and Rentals: Allowable purchases under OPSG include patrol vehicles and other mission -Specific equipment whose primary purpose Is to Increase operational oapsbilitles 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 °PSG include narcotlo antagonist pharmaceuticals, detection and identification equipment, safe storage and transportation, personnel proteotive equipment, and initial equipment training, as will be reflected In the AEt, and explained inn!) 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 Ilst, Prohibited Equipment Let: 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. Subrectplents 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 ie not limited to; L Weapons, weaponlzed aircraft, vessels, and vehicles of any kind 0 Weapontzed drones and weapons systems E Ammunition 0 Explosives 0 Armored and Tactical Vehicles, with certain exceptions 53 Controlled Egnipment Dist: identifies oortain 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 es controlled equipment and is not outright prohibited, that does not automatically make it allowable under a particular FEMA program. Subreclplents should refer to applicable program guidance or contact applicable SAA pragrsrn staff to determine it a particular type of equipment is ailowgble ender that program, The list of controlled items Includes, but is not limited to: O Manned Aircraft, Fixed and Rotary Wing O Unmanned Aircraft Systems (UAS) and Small Unmanned Aircraft Systems (SUAS) El Kinetic Entry/$reaching Apparatus Grant subrecipients 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 subreolplents may not modify equipment acquired using federal resources that would oauss It to be considered controlled equipment, absent specific written approval from FEMA end adherence to all relevant requirements. F. Unallowable Equipment Cots (MOP, UASI and ()PSG) Per Pl^MA policy, the puroheee of weapons and weapons acoessories, Including ammunition, Is not allowed with HSGP funds. Grant funds may not be used for the purchase of equipment not approved by. DHS/F MA, Grant funds musta-orrTply-vttirll3 426-and-may-not-be-used-foethe-purehaee-afi the ----- following equipment: • Firearms; ammunition; grenade launchers; bayonets; orweaponized aircraft, vessels, or vehicles of any kind with weapons installed, • Unauthorized exeraiseeslated costs inolude; Reimhureement 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 mosseiging sign). G, Requirements for Small Unmanned Aircraft System (SMSP, UASI, and CPSG) All requests to purchase Small Unmanned Aircraft Systems (SUAS) with FEMA grant funding must comply with IS 42G and IS 4M and Inolude a description of the policies end procedures In place to safeguard individuals' privacy, olvli rights, and civil liberties of the jurisdiction that will purchase, take title to or otherwise use the SUAS equipment. H. Aoquiestlon and Use of Technology to Mitigate UAS (Counter.UA$) Prlor to the testing, acquisition, Installation, or use of UAS detection and/or mitigation systems, Sub•Reoipiente 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 technlcel analysis of eaoh UAS detection and/or mitlgatlon system and should not rely solely on vendors' representations of the systems' legality or functionality, For further information please see the Dl-18 press release on this toplo: httpe://www.dhs.gov/news/2Q2D/A8/17/InteragenGy- Issues•.advisory-use-teohnologydetect and mitigate -unmanned -aircraft. I, Allowable Training Related Coats (SHOP and UASI) Allowable tralninvelated cots under HSGP inolude the establishment, support, conduct, and attendance of training specifically Identified under the elSGP 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., NationalEmergency Communications Pan 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 AAt/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) model 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 orconsumed 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 falls 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 fail within the UHS/FEMA mission scope to prepare state, local, Tribal, andterritorlal personnel to prevent, proteot 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 l xeroisee 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 fromaots of terrorism or catastrophic events. In addition, States, territories, Tribes, and Urban Arose are encouraged to incorporate the private seder In government -sponsored training and exercises, Additional Information an both OE-18/f=EMA provided training and other fedora! and state training can be found at, www.fir^strespondertraining.gov, Training information Reporting System ('Web -Parma"). Web -Forms is an eleotronio form/data management system built to assist the SAA and Its designated 6tete, territory end Tribe! "Graining Point of Contact_t7P_OC)._Reperting_trainLng aetivieee trcggWeb-Forms Is not required Under FY 2023 MOP, however, the system remains available and can be accessed through the II;E MA Toolkit lgoared-cif https;/Iwww,firstrespondertralning.goo/frt/webfarms in order to support grantees in their own traoking of training deliveries. FDEI{II State Training Office Conditions; For the purposes of this Agreement, any training oourse listed on the OHS approved course catalog qualifies as an authorized course. The Sub -Recipient can successfully complete an authorized course either by attending or conduoting 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 corrrpletion; additionally, the Sub -Recipient shell provide the Division with all receipts that document the costs incurred by the Sub -Redolent In order to attend the course, in order the receive payment for successfully conduoting an authorized oourse, the Sub- Reaipient Mail provide the Divielon 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-DH$ approved training, Sub -Recipient shall request approval to conduct training through the use of the Non-TI=D Form and provide a ropy, along with email, showing approval granted for conduct. a For the conduct of training workshops, Sub -Recipient shall provide a oppy of the Course materiels and sign -in sheets, • The number of participants shall pea minimum of 16 In order to Justify the post of holding a course. For questione regarding adequate number of participants please oontaot the FDEM State Training Officer for course specific guidance. Dnlees the Sub -Recipient receives advance written approval from the State Training officer for the number of partiaipents,then the Division shall reduce the amount authorized for reimbursement on a pro•rata basis for any training with less than 16 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://www.fema.qov/emergency-managers/national-preparedness/exercises/hseeb. 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 • lnteroperable 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. The extensive 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.Oovernrnentnl Entitles In gxerolses, Non -governmental participation in all Ieveie of exercises le strongly encouraged, Leaders from noregovernrnentei entitles should be Included in the planning, design, and evaluation of an exeroiso. 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 theslooel Citizen Corps Counoll(s) or their equivalent and other partner agencies. FIEM State Training Office conditions for Exercises; For the purposes of this Agreement, any exercise which le compliant with HSNEP standards and contained In the State of Florida (and County or Regional) IPP qualifies es an authorized exercise. The Sub-Reolplent on successfully complete en 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 Bub -Recipient shall provide the Division with all receipts that document the costs incurred by the Sub -Recipient in order to attend the exercise, • In-ordeethe-receive-payment far suceessfelly-conducting-err_autharized exenalse,.the_SA-_._ Recipient shalt provide the DiVlsidn with an ExPLAN, AARl1P, IPC/MPC/FPC Meeting Minutes and Sign -in Sheet for exercise attendees; addlflonelly, the Sub-Reoipient shall provide the Division with all receipts that document the costs incurred by the Sub -Recipient in order to conduct the exercise. The Serb-F'ecfplent shall Include with the reimbursement package a separate copy of the pape(e) from the Exeroiso Plan which identifies the partlalpent agencies and a printed page(s) from the State (end County or Aeglonal) IPP reflecting the exercise. * If you require foodiwater for this event, the request shall come to the Division within 26 days prior to the event, In the following format: Exercise Title: Location; Exercise pate: 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 Preeorvatian (EHP) Review, Including exercises, drilla or training that require any land, water, or vegetation disturbance or building of temporary struoturee or that are not located at facilities designed to conduct training and exercises. Please reference the EHP sections in the HMO and this Agreement for more Inforrnatlon. K. Maintenance and Sruetainment (SHSP, iASI, and °PSG) The use of t)HS/FIRMA preparedness grant funds for maintenance contracts, warranties, repair or replacement cossts, upgrades, and user fees are allowable, as described in FEMA Policy FP 206.402. 126-1 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 pion shall not exceed the POP of the specifio grant funds used to purchase the plan or warranty. Grant funds are intended to support the Coal by funding projects that build and sustain the ore capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover 58 fYam 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 IS 379, Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding, initlallyfor FY 2007.2011, allows for the expansion of eligible maintenance and sustainment costs whlah 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 Compaot. 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 OHS/FEMA preparedness grant program dollars. L, Law Enforcement Terrorism Prevsntton (LETP) Activitles Allowable Costs LETP Activities eligible for use of LETPA focused funds include but are not limited to: • Maturation end 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 (FIG), High intensity Drug Trafficking Areas (HIOTAs), Regional Information Sharing Systems (RfSS) Centers, criminal intelligence units, real-time crime analysis centers and DHS Intelligence, operational, analytic, and investigative entitles; • Regional counterterrorism training programs for small, medium, and large jurisdictions to exchange information and discuss the current threat environment, lessons learned, andbest praotices to help prevent, protect against, and mitigate aots of terrorism; • Support for coordination of regional full-scale training exercises (federal, state, and looallaw 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 capabliltydepioyment, 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 Indloathro 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 privaoy, oivil 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, o Note: 011E requires that all public and private sector partners wanting to implement and/or expand the C)HS 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, trl-folds, eto,) 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(hq.dhs.gov), must be facilitated by 1 EMA. 59 • Increase physical security, through law enforcement personnel and other protective measures, by implementing preventive and protective measures ataritioal infrastructuresite or at,risit nonprofit organizations; • Development of countering violent extremism programs, projeots, and Initiatives, addreeeing prevention, intervention, and diversion efforts, including training on roles of law enforoement and how to effectively partner with law enforcement; developing and promoting training specif•ioaIly for law enforcement sxecutiVa s and frteltlirie'offloare on potential behaviors and Indicators of violent extremism and how to appropriately analyze and report there; supporting community and law enforcement engagement strategies suoh as table top exercises, roundtable events, town hall meetings, and peer to peer eotivltles; funding for existing and/or expansion of law enforcement community relations efforts, support for the development of oommunity engagement plans, and joint projeots to increase the awareness of violent extremist threats and community mitigation solutions; • Building and sustaining preventive radiologicaai rend nuclear detection capabilities, including those developed through the Securing the Cities initiative; and • integration and Interoperaabiiity of systems and data, such as computer aided diepatch(OAI ) and record management systems (ISMS), to facilitate the collection, evaluation, and assessment of suspicious activity reports, tips/1eeada , and online/social media -based threats. M. Low Enforeemsnt Roadlnees ($HSP, UASI, end OPSG) SFISPTUAS1, or OPSG grant berets-nary-beerequeetedeand-mey_be-a ppraved-on-a-case-by-case-heels----------- for immigration enforcement training in support of the border seedrfry Mission, Requests for training will be evaluated on a case -by -case basis and can only be used for Gertiiioatlon In the section 287(g) program provided by leis/lCE, SHSP, UASI, or OPSG Sub -Recipients with agreements under section 2$7(g) of the Immigration and Nationality Act (8 U,S.O. § 1367(g)) to receive delegated authority for immigration enforoement within their jurisdietlorls may also be reimbursed for section 287(g) related operational activities with approval from FNMA on a case -by -case basis. For OPSG, Sub -Recipients must be authorized lay USBP Headquarters and Sectors, and operational activities must be coordinated through a USW, Seotor, OPSO grant fonds may be used to Increase operational, material, and technological readlnes$ of SLIT 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 Regions! Border Protects (©:PSIS) Sub -Recipients are encouraged to prioritize the acquisition and development of regional protects on the borders to maximize Interopereblllty and coordination capabllities among %deraiagencies and with state, local, and tribal law enforcement partners, Such regional projects include: a Communloations equipment: • Radio systems and repeater° • Integration with regional intelligence and information steering effort (le, fusioncentere) o Intelligence analysts +a Situational Awareness equipment: o License Plate Reader Networice o Visual detection and surveillance systems o Sensor Systems a Radar Systems (for air and/or marine incursions) o Aircraft systems (manned or unmanned) O. Critical Emergency Supplies (ShISP and UASI) Oriticai emergency supplies, suoh as shelf stable products, water, and medical equipment and supplies are an allowable expense under SH SP and UASI. Prior to the allocation of grant funds for stockpiling purposes, each state must have DHS/FE'MA's approval of a five-year viable 60 Inventory management plan, which should includo a distribution strategy and related sustainment costs If planned grant expenditure is aver $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 (WISP and UASI) Project 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 HOOP 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, reciplenta are required to subrnit a SF-424C form with budget detail citing the project oosts, and an 8F-424D Form for standerd 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 suboontractora 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, inoluding Department of tabor (DM) wage determinations, Is available online at https:tlwww,do),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 lxeoutive Compensation located at 2 C, F,R. Part 170, Appendix A, the full text of whioh 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 Jobe Act and B.O. 14006, Recipients of an award of Federal financial assistance from a program for infrastruoture 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 produot that are mined, produced, or manufactured In the United States is greater than 65 peroant of the total cost of ail 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 tool%, equipment, and supplies, such as temporary scaffolding, brought to the construction site and 61 removed at or before the completion of the infrastructure project. Nor does a guy America preference apply to equipment and furnishings, such as movable ohalrs, desks, and portable Computer equipment, that are used et or within the finished infrastructure project but are not an integrei part of the struoture or permanently affixed to the infrastructure project. O. Communioatiorns Towers VVhen applying fcrfunds•'to•oonstruct communloatien towers;•Sub-Recipients shall•submit . . . evidence that the Federal Communication Commission's Section 100 of the Nationei Historic Preservation A4t, Pub. L. No, 89-066, as amended, review process has been completed. Disposition When original or replacement equipment, Including excepted and controlled items, eoqulred under a federal award is no longer needed for the original project or program or for other aotivlties currently or previously supported by a federal awarding agency, except as otherwise provided In federal statutes, regulations, or federal awarding agency disposition lnstruitions, the Sub-Reolpient shall request disposition instrucitlons 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 rerrla1n in the possession of the original PEMA grant recipient, The SubaReclplent-shall-notify-the-FI FM-Offiee-of 19omestlePneparedrness..ate2558 Shumate! Oak Blvd., iellahassee, 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 boon expended, The Sub -recipient shall notify the Division immediately if the equipment is destroyed, lost, or stolen. Ensuring the Protection of Civil Rights As the Nation works towards aohleving the National Preparedness Goal., it ie important to continue to prateot the civil rights of individuals. Sub -Recipients shall carry out their programs and activities, including those related to the building, austainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations, Federal atoll rights statutes, suish as Section 308 of the Stafford Aot, Section 504 of the Rehabilitation Aot of 1973, and Title VI of the Civil Rights Aot of 1904, Ale Disorimlnation Aot, along with iiHS and FEMA regulations, prohibit discrimination on the bssls of race, oolor, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from f EMA. Monitoring and oversight requirements In connection with Sub -Recipient Compliance with federal civil rights laws are also authorized pursuant to 44 C. F,ri Part 7. In accordance with civil rights laws end regulations, Sub -I eoiplents shell ensure the consistent and systematic fair, just, and impartial treatment of all Individuals, including individuals who belong to underserved communities that have been denied such treatment. �'. 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 suooessfully deliver the capabllitiee described in the National Preparedness System. and Sub -Recipients of federal preparedness (non-cliaaster) grant awards, jurlediotione and organizations must achieve, or be actively working to achieve, all of the NiMS Implementation Objectives. The objectives can be found on the NIMSwebpage at https.//www.ferna.gov/emergency- managers/nims/Implernentaticn-training, U, riretNet FIretNet provides public safety entitles with mission -critical broadband data capabilities and services including, but not limited to messaging, image sharing, video streaming, group text, voice, date storage, applioatlon, location -based services, and Quality of Service, Priority, and 62 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 Gannett to FirstNet • Handheld broadband devices Including smartphones, feature phones, tablets, wearabtes, push -to -talk (PTT) devices • Vehicle -mounted or otherwise held operated data devices, such as ruggedized laptops • Network access devices, including portable WI-FI devices, Universal Serial Bus(USB) modems/dongies, trunk -mounted modems, routers • Customer -Owned and Managed (C0AM) broadband deployable equlpment,enabling public safety to own and dispatch coverage expansion or capacity enhancement equipment within their jurisdiotion • Broadband device accessories that enable effloient and safe public safety operations such as headsets, belt clipa, earpieces, remote Bluetooth sensors, ruggedized oases • Subscriber identification Modules (61Ms)tUniversal 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 (MOM), mobile Virtual Private Network (VPN), identity services, or cloud service tools Sub -Recipients must be coordinated with the Statewide interoperabillty 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 compiles with ell technical requirements. FlrstNet requires pertioipating 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 entitles, V. SAFECOM Ali Sub-Reolpients using preparedness grant funding to support emergency communisations systems and equipment must meet applicable SAFECOM Guidance. Sub -Recipients must be coordinated with the SWIC and the State interoperabillty Governing Body (SIGS) to ensure interoperabillty and long-term compatibility, W. Cybersecurity Sub -Recipients must use HSGP funds for cybersecurlty 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 2023 HSGP grant awards will be required to complete the 2022 Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cyberseourlty 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 pald for the servloes provided. All procurement transactions shall be conducted in a manner providing full and open competition and shall comply with the standards articulated in: Cl 2 C.F,I, Part 200; El Chapter 287, Florida Statues; and, Sub -Recipient's local procurement policy. 63 To the extent that one standard Is more stringent than another, the Sub-C"teolpient shall follow the more stringent standard. For example, if a state statute imposes a stricter requirement then a federal regulation, then the Sub-Reclpient shall adhere to the requirements of the state statute, The State of Florida procurement policy and procedure is as follows; tuhCunt • -..... ... both rnerttatlon equie�ei... ... ,.. ... . 1i to $2,400 2,600 but lees than 3 000 shall be carried out Using good purchasing practices Wilton may include oertifioation pfritten or telephone__ Submit summary of 2 (minimum) written quotes, signed by the vendor re resentattve.if ? $35 000, nr. For vendors not on STC; submit documentation of invttatien to Sid Process (iTm,_LR, uest,foi, Pr©poskal (PPP) or intent to Negotiate (ITN) All Sole Source FDtwM pre-approvel,is req recl� w� Alternative Contratat Source Commodities or Services �rvallable to the State via outside oontract vehicle, A oopy of the executed contract shall be submitted along with trtd tionel quotes If QpA 70 or,9 e, o •; . , Formal Competitive solicitations, $36,000 and above and not available on STO Include Irivititivn tv BR (ITI) lieguestforPropostel (IXFP or-invitation-to-Negotiate•(i-TN)-dash requires a Scope of Work that meets all statutory requirements and formal posting or publleatlon processes, Sttbreciplonts shall submit their formal solicitation documentation and subsequent vendor selection documentation for approval prior to Initiating any worts, The Division shall review the solicitation and provide cemrnente, if any, to the Sub -Recipient, Consistent with 2 C.F.R. § 200, 326, the Division shall review the solicitation for oompllance with the procurement standards outlined in 2 C.F,R, § 200,318 through 206.327 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. White 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 defioienoles in the vendor requirements or In the commodity or service specifications, The Division's review and comments shall not constitute an approval of the solioitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, end agreement terms, if during Its review the D1vlslon identifies any defiolenoles, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible. if the tub -Recipient publishes a competitive solicitation after reoeiving comments from the Division that the solicitation Is defloient, then the Division may, 0 Terminate this Agreement in aocordanoe with the provisions outlined in paragraph (17) above; and, (J Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation, Examples of when to use each method: ,(nyltption to Oct Procurement by sealed bidding is a method where bids are publicly solicited through formal advertising. It Is when a Sub -Recipient can establish precise speolfloutions for e commodity or service defining, with specificity, es further outlined In the scope of work. Under this procurement method, the solicitation document used le known as the ITS;. Seeled bidding is often utilized when the Sub-Reoipient's requirements are known and speciffo in detail, 64 The sealed bid method is the preferred method for procuring construction services and is appropriate when the following conditions are present: CJ Complete, adequate and realistic speolflcatlons or purchase descriptions are available; I] Two or more responsible bidders are willing and able to compete effectively forthe business; "rhe Sub -Recipient primarily selects the successful bidder based on price. This Includes the price - related factors included within the solicitation, Other then the responsibility determination, the Sub -Recipient shall riot select a contractor on the basis of non -price -related factors, Sub -Recipients shall publicly advertise the ITS. 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 sollalting 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 ITS shall define the Items or services including any specifloatians and pertinent attachments so potential bidders can properly respond, Q The subreoipient shall provide potential bidders sufficient time to prepare andsubmit bids prior to the date set for bid opening. ❑ All bids shall be opened at the date, time, and location established in the ITB. d 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 eubreoIpient 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 subreclpient shall document the procurement history. Examples of Circumstances under which a subrecipient may reject an individual bid include but are not limited to: O The bid falls to conform to the essential requirements or applicable specifcationsas outlined in the ITB; LI The bid fails to conform to the delivery schedule as outlined in the ITB; Q The bid Imposes conditions that would modify the requirements as outlined in the ITB; © The Sub -Recipient determines that the bid price is unreasonable; 0 The bid Is submitted by a suspended or debarred vendor; and/or El A bidder falls to furnish a bid guarantee when such a guarantee is required. The contract should then be awsrded to the responsible and responsive vendor who submits the lowest responsive bid. The Subreoipient shali also provide a justification letter to the Division supporting their selection. Raw* for .prqpos 1: Under this procurement method, the solicitation document used is also knownas 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 an price or 65 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 REP is appropriate when the following conditions are present: Q The Sub -Recipient cannot base the contract award exclusively on price or price- - related faotore 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; O Technical capability, past perfonnanoe, and prior experience oonsideratlone play a dominant role in source seleotion; and/or Q 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 proourement where discussions with individual bidders are prohibited and the contract shall be awarded based on price and price -related factors alone. The Sub-Reclplent shall publicize their REP, 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_foilowing-provides several considerations fer developing..evaluation. factors:... .. Q The evaluation factors for specific procurement should reflect the suhjebtmatter and elements that are moat important to the Sub -Recipient. Q The evaluation factors may Include such things es technical design, technical approach, length of delivery schedules, past performance, and quality of proposed personnel. Q 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 lmportanoe of price or cost for the procurement. • If permitted by the Sub -Recipient, written proourement procedures, and applioable 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 "beat 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. 0 The RFP shall identify evaluation factors and their relative importance; however, they need not disclose numerical or percentage ratings or weights. 0 FEMA does not require any apeciflo evaluation factors or analytic process, but the evaluation factors shall support the purposes of the grant or cooperativeagreement. 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-stata entitles 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•-Peolpient 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 speoified 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. 66 The contract shall be awarded to the responsible offeror whose proposal is most advantageous to the program with price and other factors considered. If the Sub. -Recipient has determined that an ITB or an kW will not result in the beat value, the Sub -Recipient may procure commodities and contractual services using the ITN process. The procurement the shall be documented to support why an ITS and a REP will not result in best value (287.067(1)(c), FloridaStatutes), 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 organizatiion's webelte wi» not be accepted as it discourages true competition. Effective FY2023 such postings must be visa a public forum for example the Florida Administrative Registry, local newspaper, etc. The Division shall pre -approve all scopes of work for proJeots funded under this agreement. Also, to receive reimbursement from the Division, the Sub -Recipient must provide the Division with a suspension end debarment form for each vendor that performed work under the agreement. Furthermore, if requested by the Division, the Sub -Recipient shall provide oopies 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 287.066, Floride 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-1.046, 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 lability 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 epproved 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. 67 Scotian 216.971, Florida Statutes Statutory changes enacted by the Legislature Impose additional requirements on grant and SubH Recipient agreements funded with federal or state flndncief assistance. Section 216.971(1) statee: An agency agreement thet provides state financial assistance to a Recipient or Sub -Recipient, as - —"'t11oS 'terrris arc �ta'riried in feet€on216:97, Florida Statutes; or that'provldes•federel financial assistance to a Sub -Recipient, as defined by applicrable United States ()Moe of Management and Budget circulars, shell include all of the following: • A provision specifying a Scope of Work that clearly establishes the tasks thatthe iReolplent 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. I ash deliverable shell he directly related to the Scope of Work and specify the required minimum level of service to be performed end the criteria for evaluating the successful completion ofeaoh deliverable. s A provision specifying the financial consequences that apply if the [recipient or Sub f eo1plent_fails_to_perfterm_ti e._t lnimlamlaveLotserylae required by._the agreement, The provision can be excluded from the agreement only If financial consequences gre 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, O A provision specifying that any balance of unobiigated funds which has been advancedor paid shall be refunded to the state agency. • A provision specifying that any funds geld in excess of the amount to which the Recipient or Sub -Recipient le entitled ender the terms and oonditions of the agreement shall be refunded to the state agency. • Any additional information required pursuant to $. 215.117. Z. Unallowable Procurement Practices Noncompetitive Pricing Practices; Noncompetitive pricing practices between firms or between affiliated oompanies are prohibited, Subreaipients shall undertake reasonable efforts to ensure that prospective vendors have not engaged In noncompetitive pricing practices when responding to a sol€Gltatlon, and that they themselves have not when soliciting ver►dors if noncompetitive pricing practices are Identified, the activity shall be reported to the Division, Below are common noncompetitive prloing practioaa: 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 Perms, but conspiracies usually fall into one or more of the following categories; bid $Llppression, complementary bidding, and bicl rotation. Bid suppression: vilhere one or more coinpetitor(s), who otherwise would be expected tobld 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. 68 • Complementary 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 competitor's bid appear most attractive. Complementary bidding schemes are a frequent form of bki rigging. They defraud purchasers by creating the appearance of competition to conceal secretly Inflated prices. • Bid rotation: A scheme where all conspirators submit blds 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 UEID/SAM number; and • Continue to maintain an motive 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 untlithe 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-Reciplents 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- Reoiplent reflecting any activity and/or expenditures, it shall result In termination of the agreement. P,Pgremititio.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 October1 through December 31 January 31 2, Programmatic Reporting. Biannual Strategic implementation Report ($SiR): After the end of each reporting period, for the life of the contract unless directed otherwise, the SAA, will complete the Biannual Strstogio Implementation Report in the Grants Reporting Tool 69 (GRT) https://www.reporting.odp.dhs.gay. The reporting periods are January 1-June 30 and July 1-December 31. Data entry Is scheduled for December 1 end June 1 respectively. Future awards and reimbursement may be withheld If these reports are delinquent. 3. Retmbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at any time during the sceritraet period. Peirnbursements 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 Ilneetem number in the "Detail of Claims" form, This number can be found In the "Proposed Program nudget". A Tine -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. 6. 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 itandard award andTor closeout process. The DIVieteri shall Maketi`ree (3) written attempts tie • collect required information before initiating en administrative closeout. If en award is administratively closed, the Division may decide to impose remedies for noncompllanoe per 2 G.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 underiimited circumstances and shall only be considered through formai, 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 ahallengesthat 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 data; 6. Amount of funds reimbursed to date; 6. Remaining available funds; 7. Budget outlining haw the remaining funds shall be expended; 8. 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(€es) shall be completed within the extended POP without any modification to the original statement of work, as described in the investment justification endue 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 oommitments by the recipient or Sub-Reclplent with vendors prevent completion of the project within the existing POP; • The project shall undergo a complex environmental review that cannot be oompieted within the existing POP; 70 • Projects are longterm by design, and therefore acceleration would compromisecore programmatic goals; or I Where other special or extenuating circumstances exist. Subreclplent's shall be limited to one (1) extension over the grant period of performance. Extension requests shall not be considered within the last ono hundred eighty (180) days of the grant period of performance. Z.4, Programmatic Point of Contact Contractual Point of Contact • Programmatic Point of Contact Chanda Jenkins FDEM 2565 5humard Oak Blvd, Tallahassee, FL 323094100 (860) 815-4342 Chanda,JenkIns em.m f'Iorlda.Cbm , . Kizzy I<. Caban POEM 2666 Shumsrd Oak Blvd. Tallahassee, FL 32399-2100 (850) 81541348 Kizz .CabanC em.m flarlda,com Z.5. 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. [Remainder of page Intentionally Left blank' 71 ATTACHMENT C DELIVERABLES AND PERFORMANCE State Homeland Security Program (HSGP): HSGP supports the Implementation of risk driven, capabilitlee-based State Homeland Security Strategies to address capability targets set in 'Urban Area, State, and regional Threat and.Hazard Identlfieatlon. and Risk Assessments (THIRAs),. The o apablilty Levels are assessed in the Slate 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 oatastrophfu events, Planning Deliverable: Subject to the funding limitations of this Agreement, the Division shad reimburse the Sub -Redolent for the actual cost of successfully oemplsting planning activities consistent with the guidelines oontalned in the Comprehensive Preparedness Guide CPG 101 v.2. For additional information, pleas© see https://www.fema,gov/emergency-managersinatlonal-preparedness/plan or grant guidance (Notice of Funding Opportunity). For the purposes of this Agreement, any planning activitysuah as those associated with the Threat and Hazard Identification and Risk Analysis (THIRA), State Preparednesu Report (SPR.), end other planning activities thet support the National Preparedness Goal (NPC) and place an emphasis on updating and maintaining a current Emergency operations Plan (EOP) are eligible,, The Sub -Recipient oan successfully cbmplete a planning activity either by °reefing 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, Exerolee Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient for the aetuai cost of sucoessfuIIy oompletirtg an exeralse whloh meets the Department of Homeland Security Homeland Security Exercise end Evaluation Program (HSEEP)standards and is listed in A) the State of Florida IPP, and S) County or Regional TEP for the region in which the Sub - Recipient is geographically located, Information related to TEPs and HSEEP oompliance can be found online at: httpe:/lwww.ferne.goviemergency-managerslnational-preparedness/exercises/hseep. For the purposes of this Agreement, any exercise which Is compllant with HSEEP standards and contained In the State of Florida IPP qualifies as an authorized exercise. The Subµfeolpient oan successfully complete an authorized exeralse either by attending or oonduoting 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 (OHS) approved course catalog. For non-IDt•iS approved courses the Sub -Recipient shall obtain advance FDEM approval using the Non•TED form by contacting their grant manager. The DI1S course catalog Is available online at: http://training.fema.gov/. For the purposes ofthls Agreement, any training course listed on the OHS approved course catalog qualifies es an authorized course. The Sub -Recipient oan successfully oomplete an authoriz ed course either by attending or conducting that•oourse. 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 tIsted an the DHS Authorized Equipment List (AEL), For the purposes of this Agreement, any item listed on the AEL queiifles 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 httpJ/www,ferna,gov/authorized-equipment-list. In addition, agencies shalt be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. 12 Management Deliverable: Subject to the funding limitations of this Agreement, the L ivision shall reimburse the Sub -Recipient for the actual cost for Management and Administration (M&A) activities. Costs for allowable Items shalt 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. [Remainder of pap Intentionally left blank,' 73 ATTACHMENT P Program Statutes and Regulatione I) Age Discrimination Aot of 1975 42 U.S.C. § 6101 et seq, 2) Americans with Disabilities Act of 1990 42 U,S.C, § 12101-12213 3) . Chapter 4731 ELOKidgatAtIttes 4) Chapter 215, FlorldaAtatutps 5) Chapter 252, Fiqrida Statutes, 5) Title VI of the Civil Rights Act of 1Re4 42 U,S,C, § 2000 ef seq, Title VIII of the Civil Rights Aots of 1968 42 U.S,C, § 3e01 et seq, Copyright notice 17 U.S.C, §§ 401 or 402 9) Assurances, Administrative Requirements, Cost Principles, Repreeentations and Certifications 2 (F,R, Port 200 10) Debarment and Suspension Executive Orders 12649 and 12689 11) Drug Free Workplace Act of 108$ 41 U.S.O. § 701 et seq. 12) Duplioation of Benefits 2 C.F. Part 200, Subpart E 13) Energy Poiicy and Conservation Act 42 U,S.C, § 6201 et seq. 14) False Claims Aot and Program Fraud Civil Remedies 31 U,S.C. § 37294733 also 31 U.S,C. § 3801-3812 t5) Fly &Mika Act of 1974 49 U,S.C. § 41102 also 49 U.S.C, § 40118 18) Hotel and Motel Fire Safely Mt of 1900 46 U.S.C. § 2226a 17) Lobbying Prohibitions 31 U.S,C, § 1362 18) Patents and intellectual Property Rights 35 U.S,C, § 200 et seq, 19) Procurement of Recovered Materials seotion 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 Aot) 20 1881 etse, 22) Traffioking Victims Protection Act of 2000 22 U,S.C. § 7104 23) Rehabilitation AO of 1973 Section 604, 29 U.S.C, § 794 24) USA PotriotAct of 2001 18 U,S,C, § 175-172c 26) Whistieblower 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 •Feclerol Register 0034 27) Rule Chapters 27P-6, 27P.11, and 27P-19, Florida Administrative Code 28) Section 287,130, Florida Statutes 29) Public Trust and Public Safety Executive Order 14074 74 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, ilf 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 $ . , requested. Balance of payments will be made on a reimbursement basis, Thls advance will be used on equipment speoltic 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. 12111 A_,,,,EC} XpINB $ Project Days to comylete Funding arnaunt: requested . I,(ry~ITl�ji d(jSTIFICATIOI.[ (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 approved of the BHP, if required. Support documentation should include but Is not limited to the following: quotas for purchases, delivery timelines, salary and expense proJeotions, etc. to provide the Dlvieion reasonable and necessary justification. Any advance funds not expended within the specified tlmeframe shell be returned to the Division Cashier, 2666 Shumard Oak Boulevard, Tallahassee, Floridan 32399, within thirty (30) days, along with any interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS SHALL BE CONSIDERED ON A CASE SY CASE BASIS* **EHP SHALL BE COMPLETED AND APPROVED BY FEMA PRIOR TO ADVANCE** Signature of Sub -Recipient Name and Title of sub -Recipient 75 Date: ATTACHMENT WARRANTIES AND REPRESENTATIONS Financial iUlal act,Qmcnt The Sub -Recipient's finanoial management system shall comply with 2 C.F.R. § 200,302. EcooUrer ,ia Any procurement undertaken with funds authorized by this Agreement shall comply with the requirements of 2 C.F.R. § 200, Part D—Past Federal Award Requirements —Procurement Standards (2 C.F.R. §§ 200.318 through 200.327). 3usinm Flofirs The $ub.Reoipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: Monday-to-Prldayfr tn-lam-ta.4pm...--. Licensing ,ae_rmitt' All subcontractors or employees hired by the Sub.RecIplent shari have all current licenses and permits required for the particular work for which they are hired by the Sub.Rec:ipient. f omalndor of petit) Intentionally left blank} 76 ATTACHMENT G CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Subcontractor Covered Transactions The prospective subcontractor, , of the Sub-Reviplent certifies, by submission of this dooument, 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. SIJ6-CoNTRACT©R, By: Signature Sub -Recipient's Name Name and Title mem Agreement Number Street Address City, State, Zip Date 77 ATTACHMENT H STATEMENT OF ASSURANCES All of the Instructions, guidande, 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•Reoipients who reoelve 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.Reolplents shall eoknowledcge 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 pert with federal funds. Any cost allocable be a particular federal award provided for in 2 C.F.R. Part 200, Subpart iT shall not be Charged to other federal awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutee, regulations, or terms and conditions of the federal awards, or for other reasons. However, this prohibition would not preclude a Sub -Recipient from shifting oasts that are allowable under two or more federal awards in accordance with existing federal statutes, regulations, or the terms and conditions of the fetal award, Sub-ReoIplsnts 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 oompliance review or compliant investigation conducted by the Sate Administrative Agency or DHS. 2. Sub -Recipient shall give the State Adminl$trative 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 finenoial assistance award and permit access to facilities, personnel, and other individuals and Information as may be necessary, as required by OHS 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-Reoipients shall also oornplywlth all other special reporting, data collection and evaluation requirements, as presorted by law or detailed in program guldence. 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. 6, Sub -Recipient who receives awards made under programs that provide emergency communications equipment and its related activities shall comply with SAFRCOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications, 6. When original or replacement equipment aoquired under this award by the Sub -Recipient Isno longer needed for the original project or program or for other activities currently or previously 78 supported by DHS/FEMA, you shell 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 t\ ndIng, 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-Reoipients are required to comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastruoture Investment and Jobs Act Sections 70901- 70927, Pub. L. No, 117.58 (2021); and Executive Order 14005, Ensuring the Future Is Made in Ail 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, es amended, which prohibits discriminationbased on race, color, or national origin (including limited English proficiency), b. Section God of the Rehabilitation Act of 1973, as amended, which prohibitsdiscrimination based on disability. c. Title IX of the Eduoation Amendments Act of 1972, as amended, which prohibits discrimination based on sex In education programs or activities. d. Age discrimination Aot of 1975, whloh 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 II MANDATORY CONTRACT PROVISIONS Any contract or subcontract funded by this Agreement shall contain the applioabio provisions outlined in -. ..Appendix TI tb 2 G;F:I ::-Part 2O0,•i itr the re i %16111ty ar the Sub..Racipient to fnoiude the•required- provlsions, The following is a fist of sample previsions franl Appendix II to 2 C.F,R. Part 200 that mee be requiredel Appendix 11 to Part ZOO —Contract Provisions for Non•Federal Entity Contracts Under .Federal Awards in addition to other provisions required by the federal agenoy or non-federal entity, all coeir its made by the nonfederal entity under the federal award shall contain provisions covering the following, as applioable. (A) Contracts for more than the simplified acquisition threshold, whloh 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. 1906, shall address administrative, contractual, ar ley& remediea in Instances where aontraators violate car breach contract terms, and provide for such sanctions and-penalties-as-appr-opriata,--- (p) All oontraots in exoess of $10,000 shall address termination for cause and for canvenlenceby the non-federal entity including the manner by which It will be affected and the basis farsettiement. (C) Equal Employment Opportunity, Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted aonstructfon contract" in 41 CFR Part 60.1.3 shall include the equal opportunity clause provided under 41 CFR 60-1,4(b), in s000rdance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,12936, 3 CFR Part, 1904.1066 Comp., P. 330), as amended by Executive Order 11376, "Amending Executive Order 11246 IRelatina to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," (D) Davis-;3aaoon Act, es amended (40 U,$.C, 3141-3146), 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-t3aoon Act (40 U.S.O. 3141.3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 6, 'tabor Standards Provfelons Applicable to Contraots Covering Federally Financed and Assisted Construction"), In accordance with the statute, contractors shall be required to pay wafles to laborer's and mechanics at a rate not lees than the prevailing wages specified In a wage determination rtiade by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once e week. The non-federal entity shall piacea copy of the current prevailing wage determination issued by the Oepartmerit of Labor in each solicitation, The cfsofelon to award a oontraot or subcontract shall be aonditioned upon the acceptanoe of the wage determination, The non-federal entity shall report all suspected or reported violations to the federal awarding agenoy. The contracts shall also Include a provision for compliance with the Copeland "Anti- Kiokbaak" Act (40 U.S,C. 3146), es supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subeontraotore on Public Building or Public Work Financed in Whole or In Part by Loans or Grants from the United Staten"). The Act provides that each contractor or Sub -Recipient shall be prohibited from inducing, by any means, any person employed In the oonstruation, completion, or repairof pubilo work, to dive up any part of the oompensation 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) Oontraot Work Hours and Safety Standards Aot (40 U,S.O, 3701.8708), Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the'ernployment of mechanics ar laborers shall Include a provision for compliance with 40 U.B.C, §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 6). Under 40 lf,S.0 § 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 Davfs.aacon Act Is not applicable to other {EMVMA grant and 000perative agreement programs, including the Pubiio Assistanoo Program or Hazard Mitigation Grant Program; however, Sub- Reoipient may include the provision In Its subcontracts. 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 or transmission of Intelligence. (F) Rights to Inventions Made Under a Contract or Agreement If the 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 nonprotlt 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,O. §§ 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 $150,000 shall contain a provision that requires the non-federal award to agree to comply with all applioablostendards, 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) shelf not be made to parties listed on the governmentwlds Excluded Parties ListSystem In the System for Award Management (SAM), in accordance with the OMIT guidelines at 2 CFR 180 that implement Executive Orders 12649 (3 CFR Part 1986 Comp,, p. 189) and 12689 (8 CFR Part 1989 Comp., p. 235), "Debarment and Suspension," The Excluded Parties List System In SAM contains the names of partes debarred, suspended, or otherwise axoluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12649. (I) Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352)—.Contraotors that apply or bid for an award of $100,000 or more shall file the required certification. Eaoh 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 orernpioyee 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 non-federal award. (.I) See 2 C.F.R. §200.323 Procurement of recovered materials. (K) See 2 C.F.R, § 200.216 Prohibition on Certain telecommunication and videosurvefiiance services or equipment, (L) See 2 C.P.R. § 200.322 Domestic preferences for procurements (Appendix II to Part 200, Revised lig 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 § 260.327 and 2 C.F.R. Part 200, Appendix II. 81 ATTACHMENT J FINANCIAL AND PROGRAM MONITORING GUIDELINES Florida has enhanced elate and local capability and capaoity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds, The Division has a respbrislbllity to track and monitor th'e•status of grant activity and•iterns: purchased -to ensure compliance._ • with applicable Nonprofit Security Grant Program (NSGP) grant guidance and statutory regulations. The monitoring process i'e designed to assess a Sub -Recipient agency's complier= 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 involvoa the review of recorxis associated with the purchase end 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 he accomplished during the monitoring pnoceess. Pursuant to 2 O,F.R, 200.337, the Division has the right, at all reasonable times, to make site visits or eronduot desk reviews to review project accomplishments and management control systems to review award progress and to provide any required teohniaal +assistance, wring site visits or desk reviews, The IDivielon shall review recipient's' files related to the award. As part of any monitoring and program evaluation activities, recipients shall permit the Divlsien, upon reasonable notice, to review grant -related records and to interview the organization's eteff and contraotors regarding the program. Recipients shall respond In a timely and accurate manner to the Division's requests for Information relating to the award. Nopitoriou,Plegtismsaachadulinw, Each year the D1v)sien 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-slte monitoring for a five (6) year period following closure, AMPS that Than � tib�neS�.kfi.-lam • Management and administrative prooedures; • 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 tralnings conducted to include number trained; • Status and number of exercises; • Status of planning activity; • Anticipated projected completion; • Difficulties encountered In completIng projsots; • Agency NIMSIICS oompliance 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 oaee-by-oase bests. 82 Mgnitorl w ctivlties:. Desk reviews and site visits are two forms of monitoring. Desk monitoring is the review of projects, financial aotiv€ty and technical assistance between the Division and the applicant via e-mail and telephone. On -site monitoring are aotual visits to the Sub-Reolpient agencies by Division representatives who examines records, procedures and equipment. Desk monitoring is an on -going prooess. 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-Reoiplent is having difficulty completing their project, As diffloultles/defloiencies are identified, the respective region or sponsoring agenoy 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 ordisolpllne • Record Keeping • Reporting Requirements • Documentation in support of a Request for Reimbursement On -site monitoring shall be conducted by the Division or designated personnel, do -site monitoring visits shall be soheduled in advance with the Sub -Recipient agenoy 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. Slgy$ite Mgpttoring Protocol On -site monitoring visits shall begin with those grantees that are currently spending or have completed spending for that federal fiscal year (EFY). Site visits may be combined when geographically convenient. There is a financial/ programmatic On -site monitoring checklist to assist in the oompletionof all required tasks. DIte ,V,Istt, Prenaratten A letter shall be sent to the Sub-Reolpient agency Point of Contact (POC) 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 dooumented 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. 9ni.Site piyorlitorjpp Viyjl 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 shalt be explained during this time. Division personnel shall review ail Flies 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 vieuaily 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 es per Sub.Recipisnt 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.at.the. site visit),. the appropriate.docurnentation sheli.be. provided to acootant for that particular piece of equipment Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment vouoherlreimbursemer t, equipment, questions, etc, Pest IlloeItorit g..Vj, Jt Division personnel shall review the On-slte monitoring worksheets end baokup documentation as a team and discuss the events of the On -site monitoring, Within forty-five (4t"r) calendar days of the site visit, a poet monitoring letter shall be generated and sent to the grantee explaining any issues end corrective actions required or commendations. Should issues or findings be identified, a nanoompllsnce letter to that effect shall be generated and sent to the Sub - Redolent. The Sub-Recipieet shall submit a Corrective Action plan (CAP) within a tlmefreme as determined by the Division, Nonoornplianoe on behalf of sub -grantees is resolved by management under --the terms -of the-Sub-Orant-Agreement,-The-Oresite-.monitorng-reportand-altback_up.loc umentatton..sha[i_._.. then be Included in the Sub -Recipient's file, Monitoein9 ReepopsibilIt as Peek them,>i busies, Sub-Fzeciplents who are passwthrough entitlee are responslble for monitoring their Sub-ReoIplents 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 neaessery to ensure that the subaward to 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 finanolal records, reporting and refunding expenditures disallowed by audits, monitoring If acting es 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 O,F'.R. Part 200. [Remainder of page Intensionally left blank] 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 o 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. PinnockCa em. myflorida.com II. 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 0 n 0 ATTACHMENT L REIMBURSEMENT CHECKLIST 1. Boss theernount bllled.by conauttent add up correctly?. 2. Hes all appropriate documentation to denote hours worked been properly signed? 3. Have copies of ,all planning meteriale 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 r ignup eheet with meeting date 4. Has the zero dollar Invoice and signed from the consultantloontraotor been include? 6, Hies 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 Gard Statement & payment to credit card company for that statement Li 8. Has Attachment 0 (found within Agreement with FDEM) been completed for this contractorlconsuttent and included to the reimbursement package? EJ 7, Has proof of purchase methodology been included? Please see Porrn 5 of Deporting Forms or Purchasing $eslas Attachment If further clarlly Is needed Sole Source Stale Contract (pege showing contract #, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) Cgneultente/Cpntt'agt1tre (Note: this anmilee tocgntraotora.p401((I04 untfor.Qmanixation) TRAINING 0 0 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 Slgn.in Sheets, Rosters and Agenda been provided? 5. If billing for overtime and/or baokfill, has documentation been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to eachattendee? Have documentation from entity's financial system been provided as proof attendees were paid? For beokffll, has a clear delineation/cross reference been provided showing who was t ackflliing who? Q 6. Have the names on the sign•In sheets been crass -referenced with the names of the individuals for whom training reimbursement coats are being sought? 7. Have any expenditures oocurred 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 El 5. El 6. LJ 7: ED 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 of Reporting Fens 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 Exerclse Plan 2. if exercise has bean conducted are the following included: After-aotion report Sign -In sheets or raster El 3, If billing for overtime and backfill, has e spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have dooumentation from entity's financial system been provided to prove attendees were paid? For backfill, has a clear deilneationicross refeiinoe been provided showing who was baokfllling who? [D 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? . Have any expenditures 000urred 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 earl company for that statement Have any expenditurea occurred on rental of spaceilocations for exercises planning and conduct, exercise signs, badges, eta.? if so, receipts and proof of payment shall be included. Canceled check, bank statement or transeotlon history (Showing the transaction was prooessed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Afteohment if further o'eri(y Is needed, Sole Source State Contract (page showing contract #, price flat) Competftiva bid results (e.g, Quotowire, bid tabulation page) EQUt 'nwa 1. Has the zero dollar Involae and signed from the consultant/contractor been Include? 2. Has an AO. # been Identified for eaott purchase? El 3, If servioelwarrenty expenses are listed, are they only for the performance period of the grant? 4. Has proof of payment been Included? 87 ED El 0 Canceled check, bank statement or transaction history (Showing the transactionwas processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement 13. If EHP form needed, has a copy of the approval tHS been included? 8, Has proof of purchase methodology been Included? Please see Perin 5 of t"vpo►fing Forms or Purchasing Basics Attachment if further clarity is needed, Sole Source State Contract (page showing contract 0, price Ilst) Competitive bid results (e.g. Quotewlre, bid tabulation page) 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 mileageiog) Toll and/or Parking receipts Hotel receipts (Is there a zero balance?) Car rental receipts eglstrdtit ri fee fed"e pts _ ....... . ...... . ............ ... . . ... .. ...... Note: Make sure that meals paid for by conference are not Included in per diem amount 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 transaotion 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 16146„ X POtSIi IONS 0 1, Has a e(enec1 tiniesheet by employee and supervisor been inoluded? Tlmesheet shall certify the hours and information presented as true and correct. 2. Has proof for time worked by the employee been included? le time period summary included? Statement of Earnings Copy of Payroll Cheek • Payroll Register For fusion center analysts, have the certification documents been provided to the Division to demonstrate complianoe 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? 1. If billing for overtime and baokfill, has a spreadsheet bean 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 baokfill, 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 timesheots reflecting the name and number of hours spent) " A signed contract between subreclplent and Vendor shall be prpvided that outlines the agreement -. number of officers, hourly rate, frequency, price, etc...,) fqR ALL fEIMStI'RSEMEN0 • THE 1F/NAL. cti L 0 El 0 0 0 0 1. Have all relevant forms been completed and Included with each request for reimbursement (Including Daily Activity Reports for OMB)? 2. Have the costs incurred been charged to the appropriate POETIC 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? 6. Do all paid Invoices show a $0.00 balanoe? 8. Has Reimbursement Form been signed by the Grant Manager and Financial Officer? 7. Has the reimbursement package been entered Into Sub-Recfpienta records/spreadsheet? 8, Have the quantity and unit coat 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 ail of your vendors have a current W-9 (Taxpayer identification) on file? 11, Has the Attachment G (found within Agreement with FDFM) or proof of SAM.gov roglatration been provided for the oontractorelconsuttents with the reimbursement package. Please note; FmeM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal end state rules and regulations. 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, l 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. 1 understand that pursuant to section 287.138, Florida Statutes, I am submitting this,affidavit under penalty of perjury. Sub -Recipient Vendor Name: City of Miami Vendor FEIN: 59-6000375 Arthur Noriega, city Manager Vendor's Authorized Representative Name and Title: 444 SW 2nd Avenue, 10th Floor Address: City: Miami FL State: 305-416-1025 Phone Number: ANoriega@miand gov,comEmail Address;—..,,,,w,„ . ,. Certified By: Q o � eO AUTHORIZED SIGNATURE Prin NameandTitle: Arthur Noriega, City Manager Date: March 13,2024 115:24:52 EDT 2 As 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 Miami Dade County, (the "Participating Agency"). RECITALS WHEREAS, the U.S. Department of Homeland Security (USDHS) is providing financial assistance to the Miami urban area in 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. R-24-0071 adopted on February 22, 2024, has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the Urban Area Working Group process to enhance Miami and its surrounding jurisdictions ability to respond to a terrorist threat or act. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow: 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 of Homeland Security and the State of Florida Division of Emergency Management (FDEM). B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring Agency. II. SCOPE A. The provisions of this Agreement apply to UASI Grant Program 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 resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. B. Core County: The County within which the core city is geographically located. The core city is the City of Miami. C. 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 Point of Contact (SAA POC) must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identify POCs from these jurisdictions to serve on the Urban Area Working Group. The Urban Area Working Group will be responsible for coordinating development and implementation of all program elements, including the urban area assessment, strategy development, and any direct services that are delivered by 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 Stakeholder Preparedness Review. 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 Sponsoring Agency. B. Participating Agencies and any sub -grantees must abide by the grant requirements including budget authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of assets as stipulated in "Exhibit #1". C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct purchases of equipment or services as stipulated in "Exhibit #1". 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 the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide development of an Urban Area Stakeholder Preparedness Review. 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 by the Sponsoring Agency. B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in a timely fashion. The Sponsoring Agency will prepare consolidated reports for submission to the State of Florida 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 with the U.S. General Accounting Office Government Auditing Standards and 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 or the Comptroller General, these documents are related to the receipt or use of such assistance. The grantee will also give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. C. Financial Status Reports are due within 14 days after the end of each calendar quarter. A report must be submitted for every quarter that the award is active, including partial calendar quarters, as well as for periods where no grant activity occurs as stipulated in "Exhibit 1". D. Submit progress reports to describe progress to date in implementing the grant and its impact on homeland security in the state. E. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties as identified in "Exhibit 2". VIII. CONDITIONS, AMENDMENTS, AND TERMINATION A. The Participating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in full force and effect. 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 March 30, 2025, unless otherwise extended, by a written amendment duly approved and executed prior to March 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 Corporation of the State of Florida ATTEST: BY: BY: Todd B. Hannon City Clerk Arthur Noriega City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: BY: BY: George K. Wysong III Ann -Marie Sharpe, Director City Attorney Department of Risk Management 7 ATTEST: Name: Title: PARTICIPATING AGENCY "(sub -recipient)" BY: NAME: TITLE: FID #: DUNS: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney 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) FY 2023 Budget -Miami -Ft. Lauderdale UASI Jurisdiction Regional Project Procurement Core Capability Category Discipline Line Item # Detailed Item Description AEL # EHP Qty Unit Cost Final Budget Allocation BEMA Planning Planning Emergency Management 2023-07A EM Specialist Planner No 1 $103,000.00 $103,000.00 BEMA Planning Planning Emergency Management 2023-07B Broward Logistics and Resource Management Planning to Include Logistics Capability Assessment Tool, Logs and Resource Management Plan Update and Family Assistance/Reunification Plan No 1 $204,325.00 $204,325.00 BEMA Planning Training Emergency Management 2023-07C Logistics Training to include L-967 (Log Chief), L-965 (Resource Unit Leader), L-970 (Supply Unit); L-971 (Facilities Unit), L-962 (Plans Section), FL-2355 (Points of Dist) and FL-2355-02 (County Staging) No 1 $57,000.00 $57,000.00 BSO Planning Planning Emergency Management 2023-07D BSO PTE - CEMP/COOP/COG (95k)- National Homeland Security Conference (5k) No 1 $100,000.00 $100,000.00 BSO Operational Coordination planning Emergency Management 2023 08A Emergency Management Technical Support Specialist No 1 $100,000.00 $100,000.00 BSO Equipment Emergency Management 2023-08B EOC Sustainment 04HW-01-INHW 21GN-00-OCEQ 04AP-05-CDSS 131T-00-ALRT 04AP-01-CADS 04MD-02-PROJ 06CC-01-CELL 21GN-00-CNST 21GN-00-MAIN 06CC-03-SATB 21G N-00-SH I P 21GN-00-INST 04MD-03-DISP 06CP-05-VCON 14SW-01-PACS 14C1-00-COOP 075E-03-ENVS 06CC-02-DSAD 1 $87,325.00 $87,325.00 BSO Operational Coordination Equipment All Disciplines 2023-08C WebEOC Development and Sustainment 04SW-04-N ETW, 04HW-01-INHW, 04AP 05-CDSS O4AP-03- GISS No 1 $30,000.00 $30,000.00 1 Jurisdiction Regional Project Procurement Core Capability Category Discipline Line Item # Detailed Item Description AEL # EHP Qty Unit Cost Final Budget Allocation BSO On -Scene Security Protection, and Law Enforcement Equipment Law Enforcement 2023-03A EOD/Tactical Data & Voice Communications and Fiber Scope 04SN-01-XMIT, 02EX- 00-KTFO No 1 $47,000.00 $47,000.00 Coral Gables Planning Planning Emergency Management 2023-07E EM Planner No 1 $100,000.00 $100,000.00 Coral Gables Planning Training Emergency Management 2023-07F Training and Exercise for Specialty Teams and UASI Equipment 1 $25,000.00 $25,000.00 Coral Gables Long -Term Vulnerability Reduction Equipment All Disciplines 2023-09A Enhancement/Sustainment of UASI Funded Equipment: Thermal Imagers, Ballistic Protection, Gas Monitors, Computers, Screens, Tablets, Light TRT/Watercraft equipment 21GN-00-MAIN 1 $48,755.00 $48,755.00 Coral Springs Intelligence and Information Sharing Equipment Law Enforcement 2023-02A Dark Web Monitoring Software and Alert System 131T-00-ALRT No 1 $100,000.00 $100,000.00 Coral Springs Physical Protective Measures Equipment Law Enforcement 2023-06A Portable Bollards for Special Events and Polling Locations 14SW-01-WALL Yes 1 $165,997.00 $165,997.00 Coral Springs Critical Transportation Equipment All Disciplines 2023-10A Utility Terrain Vehicles 12VE-00-MISS No 3 $20,000.00 $60,000.00 Fort Lauderdale Operational Coordination Equipment Emergency Management 2023-08D Ft. Lauderdale EOC - Enhancement 21GN-00-OCEQ; 04H W-01-I N H W; 04HW-03-NETD; 04SN- 01-XMIT; 21GN-00- INST, 21GN-00-CNST Yes 1 $65,843.00 $65,843.00 Fort Lauderdale Cybersecurity Equipment Law Enforcement 2023-05A Cybersecurity Equipment and Back Up System Enhancement 05EN-00-ETRN, 14C1- 00-COOP No 1 $101,324.00 $101,324.00 Fort Lauderdale Screening, Search and Detection Equipment Fire Rescue 2023-03B Hazmat Monitor and Leak Control Equipment 07CD-01-DPGC, 030E- 03-KTCL; 21GN-00- SHIP No 1 $81,000.00 $81,000.00 Fort Lauderdale Mass Search and Rescue Ops Equipment Fire Rescue 2023-12A TRT Equipment and Trailer 12TR-00-TEQP, 10GE- 00-GENR; 03SR-03- SCAM; 03SR-02-TPHY; 21GN-00-SHIP; 03SR- 02-MARK; 03SR-02- TRIG; 03SR-02-SAWS- 03SR-01-ABAG Yes 1 $106,350.00 $106,350.00 2 Jurisdiction Regional Project Procurement Core Capability Category Discipline Line Item # Detailed Item Description AEL # EHP Qty Unit Cost Final Budget Allocation Hialeah Physical Protective Measures Equipment Law Enforcement 2023-01A Law Enforcement Surveillance (CCTV) (The Closed Circuit TV project will allow the Hialeah Police Department the opportunity to install CCTV equipment in the area of soft targets and enhance our ability to deter and investigate terrorist activity.) 14SW-01-VIDA 04HW-01-INHW 04MD-03-DISP 21GN- 00-MAIN, 21GN-00- INST Yes 1 $250,501.00 $250,501.00 Hialeah Planning Training All Disciplines 2023-07G PT&E: HazMat courses, Homeland Security Conference and Fire Exercise Yes 1 $100,000.00 $100,000.00 Hialeah Intelligence and Information Sharing Planning Law Enforcement 2023-02B LPR Analyst Sustainment No 1 $83,000.00 $83,000.00 Hialeah Planning Planning Emergency Management 2023-07H Emergency Management Planner No 1 $133,000.00 $133,000.00 Hialeah Screening, Search and Detection Equipment Law Enforcement 2023-016 License Plate Reader System (LPR) Fixed on poles (9 LPRs) 13LE-00-BURN 04AP-02-AVLS 030E-01-ALPR Yes 1 $201,630.00 $201,630.00 Intelligence and Information Sharing Equipment LawHialeah Enforcement 2023-02C Real Time Intelligence Center Project to include monitors, servers, Hiperwall software, Installation and workstations 04MD-03-DISP, 04HW- 01-INHW, 21GN-00- INST No 1 $500,000.00 $500,000.00 Hollywood Screening, Search and Detection Equipment Law Enforcement 2023-01C Automated License Plate Readers 030E-01-ALPR, 21GN- 00-SHIP Yes 2 $40,000.00 $80,000.00 Hollywood Critical Transportation Equipment Law Enforcement 2023-10B Crisis Response Vehicle 12VE-00-MISS No 1 $79,000.00 $79,000.00 Hollywood On -Scene Security Protection, and Law Enforcement Equipment Law Enforcement 2023-03C Force on Force Non Lethal Training Equipment 030E-01-NLTA No 1 $5,522.00 $5,522.00 Hollywood Logistics and Supply Chain Management Equipment Public Works 2023-11A 2 Fuel Trailers 19GN-00-FUEL, 21GN- 00-SHIP No 1 $109,975.00 $109,975.00 Hollywood Screening, Search and Detection Equipment Fire Rescue 2023-03D Radiological Meters 07CD-01-DPMG No 8 $7,375.00 $59,000.00 Key Biscayne Critical Transportation Equipment Law Enforcement 2023-10C Rapid Response Vehicle 12VE-00-MISS No 1 $44,840.00 $44,840.00 M&A M&A Management and Administration All Disciplines 2023-16 M&A M&A No 1 $560,500.00 $560,500.00 3 Jurisdiction Regional Project Procurement Core Capability Category Discipline Line Item # Detailed Item Description AEL # EHP Qty Unit Cost Final Budget Allocation Miami Long -Term Vulnerability Reduction Equipment All Disciplines 2023-09B Maintenance/Sustainment/ Repair/Replacement for HSGP Purchased Equipment. , 5130,000; Police $104,497; Fire $130,000 21GN-00-MAIN No 1 $364,497.00 $364,497.00 Miami Operational Coordination Equipment Emergency Management 2023-08E EOC Enhancements/Maintenance/ Sustainment 21GN-00-OCEQ 14CI- 00-COOP 075E-03- ENVS 06CC-05- PRTY 06CC-02- DSAD 21GN-00-INST, 04MD-03-DISP, 04HW- 01-INHW Yes 1 $170,000.00 $170,000.00 Miami Infrastructure Systems Equipment All Disciplines 2023-14A This project will continue services for a Metro -Ethernet line that provides fast network connectivity between the City's network and the E911 backup center. 14CI-01-COOP No 1 $20,000.00 $20,000.00 Miami Operational Communications Equipment All Disciplines 2023-13A Satellite Phone Sustainment Citywide (12 months). This project will sustain the satellite phones that are installed throughout City Departments including police and fire stations which allow all first responders to communicate when primary communication services are down. Includes Key Biscayne 06CC-03-SATB No 1 $30,000.00 $30,000.00 Miami Planning Planning All Disciplines 2023-071 P,T & E. This project will support multi -disciplinary projects for the City of Miami under the leadership of MEM. Project scope will involve a full scale exercise, revision of planning documents such as the CEMP/COOP/COG and trainings that benefit terrorism -related emergency management trainings. Trainings will include ICS, Hazmat 160, Special Events 440 classes and any other specialized courses needed due to staff attrition. Fire $324,200 EM $171,257, Police $3,453 No 1 $498,910.00 $498,910.00 4 Jurisdiction Regional Project Procurement Core Capability Category Discipline Line Item # Detailed Item Description AEL # EHP Qty Unit Cost Final Budget Allocation Miami Community Resilience planning All Disciplines 2023-04A CERT/Miami - Training and equipment No 1 $160,000.00 $160,000.00 Miami Interdiction and Disruption Organization Fire Rescue 2023-01D Operational OT for Special Events approved by FEMA; Fire $5,426 No 1 $5,426.00 $5,426.00 Miami Physical Protective Measures Equipment Law Enforcement 2023-01E Law Enforcement Surveillance (CCTV) (The Closed Circuit TV project will allow the Miami Police Department the opportunity to deploy CCTV equipment in the area of soft targets and enhance our ability to deter and investigate terrorist activity.) 14SW-01-VIDA 04HW-01-INHW 04MD-03-DISP 21GN- 00-MAIN Yes 1 $133,515.00 $133,515.00 Miami Critical Transportation Equipment Law Enforcement 2023-10D SWAT Command/Personnel Carrier 12VE-00-MISS 1 $440,000.00 $440,000.00 Miami Physical Protective Measures Equipment Law Enforcement 2023-06B Vehicle Barrier Trailer Kits 14SW-01-WALL Yes 3 $93,265.00 $279,795.00 Miami Planning Planning Emergency Management 2023-07J Emergency Management Coordinator (12 months). This position will assist with the development/revision of citywide emergency management plans such as the CEMP, COG and COOP. No 1 $125,000.00 $125,000.00 Miami Planning Planning Emergency Management 2023-07K Emergency Management Planner (12 months). This position will assist with general planning responsibilities related to the implementation of the UASI grant program. No 1 $90,000.00 $90,000.00 Miami Planning Planning Emergency Management 2023-07L Equipment Inventory Planner (12 months). This position will be responsible for resource management tracking and planning portion of the EHP process. No 1 $65,000.00 $65,000.00 Miami Environmental Response, Health and Safety Equipment Fire Rescue 2023-03E Hazmat Robot Charger/Accessories 02EX-02-RBTL, 10BC- 00-SOLR, 10BC-00- BATT 1 $21,001.00 $21,001.00 Miami Beach Critical Transportation Equipment Law Enforcement 2023-10E Armored Bearcat 12VE-00-MISS No 1 $264,836.00 $264,836.00 5 Jurisdiction Regional Project Procurement Core Capability Category Discipline Line Item # Detailed Item Description AEL # EHP Qty Unit Cost Final Budget Allocation Miami Gardens Intelligence and Information Sharing Equipment Law Enforcement 2023-02D Covert/Surveillance Enhancements to include thermal imaging, facial recognition, weapon recognition software, night vision, gps, pole cameras etc 030E-02-TILA, 04AP- 02-DGPS, 13LE-00- SURV, 131T-00FACE, 04MD-01-VCAM, 030E-01-ALPR, 04HW- 01-HHCD, 131T-00- INTL 1 $244,365.00 $244,365.00 Miami Gardens Screening, Search and Detection Equipment Law Enforcement 2023-03F Rapid ID Fingerprint Scanners 20CS-01-AFIS, 09MY- 01-FPRN 1 $37,968.00 $37,968.00 Miami Gardens On -Scene Security Protection, and Law Enforcement Equipment Law Enforcement 2023-03G Ballistic Protection to include helmet, shield, trauma kits, gloves 01LE-01-HLMT, 01LE- 01-SHLD, 030E-03- KTFA, 01ZA-02-GLVW No 1 $45,560.00 $45,560.00 Miami -Dade Operational Coordination Equipment Emergency Management 2023-08F WebE0C Status Boards Upgrade 04MD-01-CDSS No 1 $115,280.00 $115,280.00 Miami -Dade Planning Training Emergency Management 2023-07M PTE to include Position Specific, AHIMT and Intermediate and Advanced ICS courses No 1 $100,000.00 $100,000.00 Miami -Dade Planning Planning Emergency Management 2023-07N Miami -Dade LMS Plan Enhancements No 1 $90,000.00 $90,000.00 Miami -Dade Planning Planning Emergency Management 2023-070 Whole Community No 1 $150,000.00 $150,000.00 Miami -Dade Planning Exercise Emergency Management 2023-07P EOC COOP Exercise No 1 $55,000.00 $55,000.00 Miami -Dade Planning Planning Emergency Management 2023-07Q Miami -Dade County Terrorism Response Plan Enhancement No 1 $90,000.00 $90,000.00 Miami -Dade Logistics and Supply Chain Management Equipment Emergency Management 2023-11B OEM Warehouse - Forklifts 19MH-00-BULK No 1 $35,235.00 $35,235.00 Miami -Dade Planning Planning Emergency Management 2023-07R Evacuation Behavioral Study No 1 $100,000.00 $100,000.00 Miami -Dade Cultural and Natural Resources Equipment Emergency Management 2023-15A Miami -Dade Alliance For Response (AFR) - Cultural Heritage Disaster Supply Caches 01ZA-02-GLVD, 01ID- 01-BARR, 01UR-01- EYEP, 01ZA-02-GLVW, 01LE-02-BDUS, 01SW- 01-FTWR, 06CP-01- PORT, 030E-03-KTFA, 030E-01-VSTO, 01ZA- 06HHAT, 19GN-00- HSSF, 04AP-05-CDSS No 1 $66,000.00 $66,000.00 Miami -Dade Planning Planning Law Enforcement 2023-07S MDPD PTE : Homeland Security Conference 1 $12,000.00 $12,000.00 6 Jurisdiction Regional Project Procurement Core Capability Category Discipline Line Item # Detailed Item Description AEL # EHP Qty Unit Cost Final Budget Allocation Miami -Dade Forensics and Attribution Equipment Law Enforcement 2023-02E Crime Scene and Evidence Bureau Mobile Evidence Analysis and Processing Vehicle 12VE-00-MISS 1 $404,000.00 $404,000.00 Miami -Dade Critical Transportation Equipment Law Enforcement 2023-10F WRT Aluminum Vessel 17WC-00-BOAT No 1 $93,957.00 $93,957.00 Miami -Dade Planning Training Law Enforcement 2023-07T Rapid Deployment Force Training 2 $25,000.00 $50,000.00 Miami -Dade Mass Search and Rescue Ops Equipment Law Enforcement 2023 126 MDPD Marine Patrol Gyro Stabilized Binoculars 030E-02-BNOC No 8 $4,500.00 $36,000.00 Miami -Dade Intelligence and Information Sharing Equipment Law Enforcement 2023-02F Video Forensics Unit Dejero Upfit Bonded Internet (upgrade to Vehicle unit) 13LE-00-SURV No 1 $48,000.00 $48,000.00 Miami -Dade Critical Transportation Equipment Law Enforcement 2023-10G Video Forensics Unit side -by -side Mule 12VE-00-MISS No 1 $25,508.00 $25,508.00 Miami -Dade Intelligence and Information Sharing Equipment Law Enforcement 2023-06C MDPD Tech Ops Unit Surveillance Equipment 13LE-00-SURV No 1 $132,050.00 $132,050.00 Miami -Dade Environmental Response, Health and Safety Equipment Fire Rescue 2023-03H Hazmat Robot and Upgrades 030E-07-ROBT, 030E- 07-UPGD No 1 $29,300.00 $29,300.00 Miami -Dade Critical Transportation Equipment Fire Rescue 2023-10H Prime Mover 12TR-00-MOVR No 1 $305,893.00 $305,893.00 Physical Protective Measures Equipment Fire Rescue 2023-01F Fire Station Target MDFRMiami-Dade Hardening Phase 1 030E-01-ALPR, 14SW- 01-DOOR, 14SW-01- LITE, 14EX-00-BSIR Yes 1 $466,322.00 $466,322.00 Miramar Screening, Search and Detection Equipment Law Enforcement 2023-01G LPR Systems 030E-01-ALPR Yes 5 $59,858.00 $299,290.00 Miramar Operational Coordination Equipment Fire Rescue 2023-08G WebEOC Fleet Eyes Software 04AP-05-CDSS, 04AP- 02-AVLS No 1 $30,000.00 $30,000.00 Monroe Operational Coordination Equipment Law Enforcement 2023-08H Trailer Mounted Variable Message Boards (3) 030E-03-SIGN No 3 $10,000.00 $30,000.00 Monroe Operational Communications Equipment Law Enforcement 2023-13B APX6000 700/800 Model 2.5 Portable 25 units 06CP-01-MOBL No 1 $132,418.00 $132,418.00 Monroe Environmental Response, Health and Safety Training Fire Rescue 2023-031 Hazmat Training to include 40 hour HAZWOPER, 24 hour HAZWOPER Refresh and 8 hour HAZWOPER Annual Refresh Course and 160 hour Hazmat Tech 1 $66,800.00 $66,800.00 Monroe Cybersecurity Training Law Enforcement 2023-05B Planning, Training and Exercises: Cyber Training and Assessments 1 $35,618.00 $35,618.00 7 Jurisdiction Regional Project Procurement Core Capability Category Discipline Line Item # Detailed Item Description AEL # EHP Qty Unit Cost Final Budget Allocation Palm Beach County Community Resilience Equipment Emergency Management 2023-04B Community Preparedness Video Series 04HW-01-INHW No 8 $8,115.00 $64,920.00 Palm Beach County Logistics and Supply Chain Management Equipment Emergency Management 2023-11C Logistics/Deployable equipment: 15 Field carts ($15,735) and generator ($150,035) 19MH-00-CART, 10GE 00-GENR No 1 $165,770.00 $165,770.00 Palm Beach County Operational Coordination Equipment Emergency Management 2023-081 IT Upgrades 04HW-01-INHW No 1 $135,036.00 $135,036.00 PBSO On -Scene Security Protection, and Law Enforcement Equipment Law Enforcement 2023-03J PBSO SWAT Ballistic Blanket 01LE-01-SHLD No 2 $45,000.00 $90,000.00 PBSO Public Information and Warning Planning Law Enforcement 2023-04C Community Business Partners Against Terrorism Program No 1 $115,726.00 $115,726.00 PBSO Screening, Search and Detection Equipment Law Enforcement 2023-03K EOD Chemical & Explosive Analyzer/Detector to include Pendar X10, Pendar Robot integration kit, Pendar Vial holder accessory, FLIR Fido X4 Trace Detector and accessories 07ED-01-LASR, 07ED- 01-IMOB No 1 $160,000.00 $160,000.00 Pembroke Pines On -Scene Security Protection, and Law Enforcement Equipment Law Enforcement 2023-03L Night Vision Goggles 030E-02-TILA 19 $11,312.00 $214,928.00 Pembroke Pines Mass Search and Rescue Ops Equipment Fire Rescue 2023-12C Thermal Imaging Cameras 030E-02-TILA 17 $6,809.00 $115,753.00 Sunrise Operational Communications Equipment Law Enforcement 2023-13C Portable Radios for Police 06CP-01-PORT No 1 $360,121.00 $360,121.00 Regional Miami Planning Planning Emergency Management 2023-07U Regional Program Manager. This position assists the Miami and Ft. Lauderdale with regional planning needs (e.g. drafting of investment justifications, coordination of UAWG meetings, development of annual budgets, etc.). Planning No 1 $125,000.00 $125,000.00 Regional Miami Planning Planning Emergency Management 2023-07V Regional Planning, Training and Exercises Coordinator- this position includes the responsibilities of ensuring compliance with training courses as well as the coordination of necessary regional exercises. Planning No 1 $120,000.00 $120,000.00 8 Jurisdiction Regional Project Procurement Core Capability Category Discipline Line Item # Detailed Item Description AEL # EHP Qty Unit Cost Final Budget Allocation Regional PBSO Fusion Intelligence and Information Sharing Organization Law Enforcement 2023-02G Fusion Center Analysts Organization No 5 $69,100.00 $345,500.00 Regional Miami Cybersecurity Organization Law Enforcement 2023-05C Regional Cybersecurity Analysts Project includes $15,000 in training No 1 $302,500.00 $302,500.00 Regional PBSO Fusion Intelligence and Information Sharing Planning Law Enforcement 2023-02H Metadata Planner No 1 $0.00 $0.00 Regional PBSO Fusion Intelligence and Information Sharing Equipment Law Enforcement 2023-021 Fusion Center Operations to include computer hardware and peripherals, software maintenance, DHS sponsored Training, alert system and TLO program support and office supplies/equipment 04HW-01-INHW 131T-00-INTL 131T-00-ALRT No 1 $250,000.00 $250,000.00 Regional Miami Operational Coordination Equipment Emergency Management 2023-08J Incident command software system needed for regional info sharing during emergency operations as well as non - emergency situations to provide a platform for day-to-day regional info sharing and updates. (WebEOC) 04AP-05-CDSS 04AP-03-GISS 04SW-04-N ETW No 1 $150,000.00 $150,000.00 Regional Ft Lauderdale, Miami -Dade, Palm Beach Community Resilience Training All Disciplines 2023-04D Regional Citizen Corps/CERT Planning, Training Exercise and Equipment 19GN-00-BGPK 06CP-01-PORT 21GN-00-CCEQ No 3 $100,000.00 $189,813.00 Regional PBSO Interdiction and Disruption Equipment Law Enforcement 2023-01H Regional Maritime Radar Tower for Monroe 14SW-02-RADR, 14SW- 02-TOWR Yes 1 $40,000.00 $40,000.00 Regional MBPD Screening, Search and Detection Equipment Law Enforcement 2023-011 Regional License Plate Reader Project 04AP-11-SAAS No 1 $100,000.00 $0.00 Regional FDLE Critical Transportation Equipment Law Enforcement 2023-101 FDLE Mobile Command Vehicle 12VE-00-CMDV 1 $850,000.00 $850,000.00 Regional BSO Forensics and Attribution Equipment Law Enforcement 2023-02J Multi -County Digital Forensic Sharing Platform Pilot Project 05HS-00-FRNS 1 $222,815.00 $222,815.00 Total $13,802, 313.00 9 Jurisdiction Regional Project Core Capability Category Discipline Line Item # Detailed Item Description AEL # EHP Qty Unit Cost Final Budget Allocation Procurement 10 Olivera, Rosemary From: Ramlal, Vishwani Sent: Monday, November 4, 2024 1:26 PM To: Olivera, Rosemary; Hannon, Todd; Ewan, Nicole; Perez, Juan- Police Cc: Musser, Grant; Garcia, Aida; Hardy, Robert C. Subject: Matter ID# 24-2524 - UASI FY 2023 - MOA - City of Coral Springs Attachments: UASI FY 2023 - MOA - City of Coral Springs.pdf Good afternoon, Attached, please find the fully executed agreement that is to be retained as an original by the City. Thank you, vac.; - .MBA Administrative Assistant I City of Miami, Department of Fire -Rescue Division of Professional Standards 1131 NW 7' Street, 3' Floor l Lianai, Florida 33136 Phone: (305) 416-5465 rarnlal niam r.cono 1