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24184
AGREEMENT INFORMATION AGREEMENT NUMBER 24184 NAME/TYPE OF AGREEMENT MONROE COUNTY DESCRIPTION MEMORANDUM OF AGREEMENT/URBAN AREA SECURITY INITIATIVE FY 2021/FILE ID: 11336/R-22-0078/MATTER ID: 22- 3084/#46 EFFECTIVE DATE November 22, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/28/2022 DATE RECEIVED FROM ISSUING DEPT. 12/2/2022 NOTE CITY OF MIAMI 1 DOCUMENT ROUTING FORM at4 ( 5 ORIGINATING DEPARTMENT: Fire -Rescue _ DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "Monroe County" IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? D YES X NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY: Memorandum of Aereement ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT 1•1/2(0 PURPOSE OF ITEM (BRIEF SUMMARY): To execute FY 2021 Urban Area Security Initiative ("UASI") — Memorandum of Agreement ("MOA"). COMMISSION APPROVAL DATE: 2/24/2022 FILE ID: 11336 ENACTMENT NO.: R-22-0078 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 11/1/22 PST: Ty McGann, AFC SIGNATURE: _In,_ SUBMITTED TO RISK MANAGEMENT 11/1/22 PRINT: ANN — MARIE SHARPE SIGNATURE: SUBMITTED TO CITY ATTORNEY 11 /17/22 PRINT: VICTORIA MENDEZ _. • Al f-';am SIGN '..5/r MF ID 22- APPROVAL BY ASSISTANT CITY MANAGER P SIGNATURE: RECEIVED BY CITY MANAGER f i � „4a PRINT: ART N EGA SIGNAT • 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE; 3) REMAINING ORIGINAL_ (S) TO ORIGINATING DEPARTMENT PRINT: SIGNATURE: PRINT: SIGNATURE: PST: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER 3084 MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2021 "Monroe County" Agreement Number: R0521 FAIN Number: EMW-2021-SS-00056-S01 CFDA#: 97.067 This Agreement is entered into this Jay of A Ak1c cll1P,i-- , 2022, by and between the City of Miami, a municipal corporation of the State of Florida, (the 'Sponsoring Agency") and Monroe County, (the "Participating Agency"). RECITALS WHEREAS, the U.S. Department of Homeland Security (USDHS) is providing financial assistance to the Miami urban area in the amount $14,012,500 dollars through the Urban Area Security Initiative (UASI) Grant Program 2021; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 2021; 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 2021 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2021 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-22-0078, adopted on February 24, 2022, 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 jurisdiction's 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 2021 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. I1. SCOPE A. The provisions of this Agreement apply to UASI Grant Program 2021 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. 11I. 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 2021: The UASI Grant Program 2021 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 2021 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 countylcounties, 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, govemmental 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 2021 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 2021, 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 2021, 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 2021 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 fumished 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 June 30, 2023, unless otherwise extended, by a written amendment duly approved and executed prior to June 30, 2023, 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: Todd B. Hannon City Clerk Arthur Noriega City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE REQUIREMENTS: CORRECTNESS: BY: BY: Victoria Mendez Ann -Marie Sharpe, Director Department of Risk Management City Attorney TMF MID 22-3084 7 PARTICIPATING AGENCY Monroe County NAME: Roman Gastesi TITLE: CountyAdministrator FID #: 59-6000749 DUNS: 073876757 APPROVED AS TO FORM AND CORRECTNESS: MONROE COUNTYATTORNEY'S OFFICE James D. t Digitally signed by James D. Molenaar Date:2022.08.09 Molenaar7� 09.22.21-04'00' James Molenaar, Assistant County Attorney Participating Agency Attorney 8 AGENDA ITEM SUMMARY FORM File ID: #11336 Date: 01/10/2022 Commission Meeting Date: 02/24/2022 Requesting Department: Department of Fire - Rescue Sponsored By: District Impacted: All Type: Resolution Subject: Establish Special Revenue - Urban Area Security Initiative Grant Program Purpose of Item: Resolution to establish a Special Revenue Fund titled: "Urban Area Security Initiative ("UASI") Grant Program FY 2021", appropriating funds in the amount of $14,012,500.00 received from the Department of Homeland Security, passed directly through the State of Florida Division of Emergency Management and authorizing the City Manager to execute Memoranda of Agreements ("MOA's) with contiguous partners, outlining their responsibilities in connection with their support of the UASI Project administered by the City of Miami Department of Fire -Rescue. Background of Item: The United States Department of Homeland Security, through the State of Florida, Division of Emergency Management ("DEM"), has sub -granted the Urban Area Security Initiative ("UASI") Grant Program FY 2021 to the City of Miami and contiguous partners in the amount of $14,012,500.00. This program targets homeland security funding to "high threat" urban areas in order to prevent, respond to, and recover from threats or acts of terrorism and other disasters of natural or man-made origin. 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. It is now appropriate to accept said grant award, establish a special revenue project, and appropriate said grant award therein. In addition, the City Commission authorizes the City Manager to execute Memoranda of Agreements ("MOA's) with contiguous partners, 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 Sheriffs 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 UASI Program FY 2021, which is administered by the City of Miami Department of Fire - Rescue. Budget Impact Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $14,012,500.00 Start Up Capital Cost:$14,012,500.00 Special Revenue Account No: 11100.189000.431000.0000.00000 Department of Fire -Rescue Department of Fire -Rescue Department of Fire -Rescue Office of Management and Budget Office of Management and Budget Legislative Division City Manager's Office Office of the City Attomey Office of the City Attomey Office of the City Attomey City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Ty McGann Johnny Duran Eloy Garcia Pedro Lacret Marie Gouin Valentin J Alvarez Arthur Noriega V Thomas M. Fossler Bamaby L. Min Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Fire Department Review Completed Fire Budget Review Completed Fire Chief Review Completed Budget Analyst Review Completed Budget Review Completed Legislative Division Review Completed City Manager Review Completed ACA Review Completed Deputy City Attomey Review Completed Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 01/10/2022 11:24 AM 01/10/2022 11:27 AM 02/02/2022 10:54 AM 02/03/2022 1:28 PM 02/03/2022 3:24 PM 02/03/2022 3:46 PM 02/04/2022 8:24 AM 02/10/2022 6:10 PM 02/10/2022 6:17 PM 02/14/2022 8:10 PM 02/24/2022 9:00 AM 03/07/2022 3:26 PM 03/07/2022 3:32 PM 03/07/2022 3:32 PM City of Miami Legislation Resolution Enactment Number: R-22-0078 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11'336 Final Action Date:2/24/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "URBAN AREA SECURITY INITIATIVE ('UASI') GRANT PROGRAM FISCAL YEAR 2021" AND APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME IN THE AMOUNT OF $14,012,500.00 CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY DIRECTLY TO THE STATE OF FLORIDA'S DIVISION OF EMERGENCY MANAGEMENT ("GRANT AWARD"); AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER 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 AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND THE FISCAL YEAR 2021 UASI GRANT PROGRAM, AS NECESSARY; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSES PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CONTIGUOUS PARTNERS OF THE CITY OF MIAMI ("CITY") SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY'S DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON FUNDING OF THE PROJECT BEING SECURED. WHEREAS, the United States Department of Homeland Security ("USDHS") is authorized by the Emergency Wartime Supplemental Appropriations Act of 2003 to provide" funds to states for subsequent distribution to selected urban areas to address the unique equipment, training, planning, exercise, and 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 USDHS, through the State of Florida's Division of Emergency Management ("FDEM"), has sub -granted an Urban Area Security Initiative ("UASI") Grant Program for Fiscal Year ("FY") 2021 to the City of Miami ("City") in the amount of $14,012,500.00 ("Grant"); and ( WHEREAS, the City's Department of Fire -Rescue ("Fire") will use the Grant to continue to address the unique equipment, training, planning, exercise, and operational needs of the City and its contiguous partners and to continue building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism ("Project"); and WHEREAS, in accordance with the UASI Grant Program FY 2021, the attached Memoranda of Agreements ("MOAs") with the contiguous 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 Sheriffs Office, the Village of Key Biscayne, and the Florida Department of Law Enforcement (collectively "Contiguous Partners"), will set forth the parties' responsibilities in connection with the development and support of the FY 2021 UASI Grant Program administered by Fire contingent upon funding of the Project being secured; 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: UASI Grant Program Fiscal Year 2021 RESOURCES: USDHS directly to FDEM $14,012,500.00 APPROPRIATIONS: $14,012,500.00 Section 3. The City Manager is authorized' to accept the Grant and to execute the federally funded sub -grant agreement, in substantially the attached form, for the Project. Section 4. The City Manager is further 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 5. The City Manager is further authorized' to extend the FY 2021 UASI Grant Program, as necessary. Section 6. The City Manager is authorized' to execute MOAs, in substantially attached form, with the Contiguous Partners of the City for the purpose of setting forth the parties' responsibilities in connection with the development and support of the FY 2021 UASI Grant Program administered by Fire contingent upon funding of the Project being secured. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 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. APPROVED AS TO FORM AND CORRECTNESS: rt4 iaiVt.,.nc iry ttor 2/14/2022 Contract Number: R0521 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.1 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass -through entity considers a contract." As defined by 2 C.F.R. §200.1, "pass -through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program: As defined by 2 C.F.R. §200.1, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal award." As defined by 2 C.F.R. §200.1, "Federal award" means "Federal financial assistance that a non -Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity." As defined by 2 C.F.R. §200.1, "subaward" means "an award provided by a pass -through entity to a Sub - Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass -through entity." The following information is provided pursuant to 2 C.F.R. §200.332: Sub -Recipient's name: Sub-Recipient`s unique entity identifier: Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub-Reclpient by the pass -through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub -Recipient by the pass -through entity: Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass -through entity: Contact Information for the pass -through entity: Catalog of Federal Domestic Assistance (CDFA Number and Name Whether the award is R&D: Indirect cost rate for the Federal award: 1 Cy of Miami Fire Rescue T rxrig-gu2L4 EM W-2021-SS-00056-601 9/1 /2021 — 0813112024 DOE —12/31/2023 $14,012,500.00 $23,761,785.18 $14,012,500.00 See Article 1, Agreement Articles Dept. of Homeland Security FL. Division of Emergency Mgmt. 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 97.067-Homeland Security Grant Program N/A 21.40% THIS AGREEMENT Is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Miami Fire Rescue, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass -through entity for a Federal award, and the Sub-Reclplent serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWNG REPRESENTATIONS; A. The Sub -Recipient represents that it Is fully qualified and eligible to receive these grant funds to provide the services identified herein; 8. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C, The Division has statutory authority to disburse the tunds under this Agreement, THEREFORE, the Division and the Sub -Recipient agree to the fallowing; (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C,F,R, §200,302 provides; Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the states own funds." Therefore, section 215.971, Florida Statutes, entitled 'Agreements funded with federal or state assistance", applies to this Agreement. (2) L6WSLRUI_ES, PEGtJI.ATIQNS AN PO1 CIr;S a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b, As required by Section 215,971(1), Florida Statutes, this Agreement includes; I. A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful compfetlon of each deliverable, Ili. A provision specifying the financial consequences that apply If the Sub - Recipient falls to perform the minimum level of service required by the agreement, iv, A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations Incurred during the specified agreement period, v, A provision specifying that any balance of unobllgated funds which has been advanced or paid must be refunded to the Division. 2 vl, A provision specifying that any funds paid to excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. o. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, Including those identified in Attachment D. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies, (3) PONJACT a, In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shalt be responsible for enforcing performance of this Agreement's terms and conditions and shall serve es the Division's liaison with the Sub -Recipient, As part of hisiher duties, the Grant Manager for the Division shall: I. Monitor and document Sub -Recipient performance; and, IL Review and document all deliverables for which the Sub -Recipient requests payment. b, The Division's Grant Manager for this Agreement is: Chanda Jenkins g5$5 Shumard Oak Boulevard Taliaiipssee, Florida 32399 Telephone: (8 i0) B15-4342 Ernst Chandd,JenklnsCuaem.mviiorida.pom c, The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is; Asst Fire Chief Robert Hevla 444 SW 2nd Ave,10th Floor Miami, FL 33130 Telephone: 305-416-5402 Fax; 305- 400-5348 Email; RobHevia@miam'igov,com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. {4) TERMS AND CoNDITI iS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be fatten as an original, 3 (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachments A and B of this Agreement, (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and will end December 31, 2023, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.1, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under' this Agreement. In accordance with 2 C.F.R. §200.1, the Sub - Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This Is a cost -reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and B of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $14,012,500. d, As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, i certify to the best 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 set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment B, that clearly delineates: 4 (8) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachments A and B of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shalt begin upon execution by both parties and will end June 30, 2023 unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C,F.R. §200.1, the term "period of agreement" refers to the time during which the Sub -Recipient 'may incur new obligations to carry out the work authorized under" this Agreement. in accordance with 2 C F,R. §200.1, the Sub -Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." in accordance with suction 218.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement 'only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will relmburse the Sub -Recipient role for allowable costs Incurred by the Sub -Recipient in the successful completion of each deliverable, The maximum reimbursement amount for each deliverable is outlined In Attachment A and B of this Agreement ("Budget and Scope of Work"), The maximum reimbursement amount for the entirety of this Agreement Is $14,012,500, d, As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, sinned by qn official who is authorized to legally bind the Sub-Reclpien.t, which reads as follows: "By signing this 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 set forth in the terms and conditions of the Federal award. 1 am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise, (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against e performance measure, outlined in Attachment 8, that clearly delineates;. 4 i. The required minimum acceptable level of service to be performed; and, 1. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which !s defined in 2 C.F.R. §200.1 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.329, that the Division and the Sub -Recipient "relate financial data to performance goals and objectives of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub"Recipient for overtime expenses In accordance with 2 C.F.R. §200.430 ("Compensation —personal services") and 2 C.F,R. §200.431 ("Compensation —fringe benefits"). if the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will 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 -Recipient. 2 C.F.R. §200,431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable If all of the following criteria are met: 1. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, ill. The accounting basis (cash or accrual) selected for costing each type of leave Is consistently followed by the non -Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F,R. §200.475. As required by the Reference Guide for State Expenditures, reimbursement for travel must be In accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated In section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: i. The costa 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. 5 1. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The fine{ report must Identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. J. As defined by 2 C.F.R, §200.1, the term "Improper payment" means or includes; 1. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, il. Any payment to an inoiigible party, any payment for an Ineligible good or service, any duplicate payment, any payment for a good or service not received (Except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper, k. My advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. The amount of advanced funds may not exceed the expected cash needs of Sub• recipient within the first ninety (90) days of the term of this Agreement. if an advance payment is requested, the budget date on which the request is based, and a justification statement shall be included with this Agreement as indicated in Attachment E, Justification of Advance Payment. Attachment F must specify the amount of advance disbursement requested and provide an explanation of the necessity for and proposed use of the funds. (1 o)RECQRDS a. As required by 2 C.F.R. §200.337, the Federal awarding agency, Inspectors General, the Comptroller Genera{ of the United Stetes, and the Division, or any of their authorized representatives, shall enjoy the right of amass to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts, The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by sections 20.055(5)(c) and 215.97(5)(b), Florida Statutes, the) Division, the Chief inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts, The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C,F.R. §200,334, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or 6 consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement I. If any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, or audit findings Involving the records have been resolved and final action taken. II. When the Division or the Sub -Recipient 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. IN, Records for real property and equipment acquired with Federal funds must be retained for 6 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 5-year retention requirement Is not applicable to the Sub -Recipient. v. Records for program income transactions after the period of performance, In some cases, recipients must report program Income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program Income starts from the end of the non -Federal entity`s'fiscel year In which the program Income Is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records; Indirect cost rate computations or proposals, cost allocation pions, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates), d. In accordance with 2 C.F.R.1200,335, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when It determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.336, the Division must always provide or accept paper versions of Agreement information to and from tiie Sub -Recipient upon request. If paper copies are submitted, then the Division must 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. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements; (1) meetings of pubilc boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must 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, the Government in the Sunshine Law 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 pubilc purpose to a private entity, then, to the extent that private entity is performing that public purpose, 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 the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's govestling board or the meetings of erry subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entitles acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i, The Sub -Recipient shall maintain all records for the Sub-Reciplent and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A and B - and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO 8 THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815.7671, Records@?a emn.myffiorid: ,corn, or 2565 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDJTS a, The Sub -Recipient shell comply with the audit requirements contained in 2 C.F.R. Part 20i1, Subpart F. b. to accounting for the receipt and expenditure of.funds under this Agroement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ('GAAP"). As defined by 2 G.F.R. §200.1, GAAP 'has.ths meaning specified in accounting standards issued by the Government Accounting Standertss. Board (GASS) and the Financial Accounting Standards Board (FASI3)." c. When conducting aan audit of the Sub -Recipient's performance under this Agreement, the Division shalt use Generally'Accepted Government Auditing 'Standards (`GALAS'). As defined by 2 G.F.R, §200,1, GAGAS, "also known as the Yellow Book, mearts.generaiiYeccepted 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 ih accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of a ll funds not apent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notlfled the Sub -Recipient of such non; compliance, e. The Sub -Recipient shall -have ail audits completed by an independent auditor, which is. defined In section 215.97(2)(i), Florida Statutes., as "an independent certified pubik; accountant licensed under chapter 473," The independent auditor shall state that the audit complied with the applicable. provisions notes( above. The audit must be received by the. Division na later than .nine 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 G.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: g. DEMSingteAuditten rnyitorida.com Office of the Inspector General 2655 Shumard Oak Boulevard Tallaligsseer Florida 32399-2100 The Sub -Recipient shall send the Single Audit reporting package end Form SP-SAC talkie Federal Audit Clearinghouse by submission online at: http`liharvester.census.govh`acicoilect/ddeindex. hid li. The Sub -Recipient shall aend.any management tatter issued by the auditor to the Division at fhe following.address: DEMSingleAudlt@em.myflorlda, com pit Office of the Inspector General 2556 Shumard Oak Boulevard Tallahassee, Florida 32399.2100 (12)REFORTS a. Consistent with 2 C,F,R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall Include the current status and progress by the Sub-1eciplent and ail subcontractors In completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other Information requested by the Division. b. Quarterly reports are due to the Division no later than thirty (30) days after the end of each quarter of the program year and shall be sent each quarter until aubmission of the close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The close-out report Is due 60 days after termination of this Agreement or 30 days after completion of the activities contained in this Agreement, whichever first occurs. d. If ail 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 the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information Identified in Attachment B. (13)MONITORING. a. The Sub-Reciplent shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to this Agreement and reported in the quarterly report. b, in addition to reviews of audits, monitoring procedures may include, but not be limited to, On -site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. in the event that the Division determines that a firnited scope audit of the Sub -Recipient Is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Reclplent regarding such audit. The Sub-Reciplent further agrees to comply and cooperate 10 with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division wlti monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14)J_IA91L1TY a, Unless Sub -Recipient le a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient Is solely responslble to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shalt hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement For purposes of this Agreement, Sub -Recipient agrees that It is not an employee or agent of the Division but Is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for Its negiigent or tortious acts or omissions which result in claims or cults 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-Reciplent to which sovereign immunity applies, Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15)DF'AUf_T If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a, My warranty or representation made by the Sub-Reciplent In this Agreement or any prevlous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants In this Agreement or any previous agreement with the Division and has not cured them In timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur In the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with Incorreot, incomplete or insufficient information; ar, d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)R j1QEQ(ES 11 if an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient Is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mall, postage prepaid, by registered or certified mall -return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e, Exercise any corrective or remedial actions, to Include but not be limited to: I. Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, if. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities In question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs Incurred for any items determined to be ineligible; f. The Division may Administratively close an Agreement, The Division may use the administrative close-out process when a Sub -Recipient is not responsive to reasonable efforts to collect required reports needed to complete the standard close-out process. The Division wilt make three 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.P.R. § 200.339, consider thls 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. g. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. if the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. 12 (17)T RefiltebTION a. The Division may terminate this Agreement for cause after thirty days (30) written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit pubile access to any document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for cause after rejecting an appeal submitted due to noncompliance, nonactivity, andlor a lack of expenditures for four.(4) consecutive quarterly reporting periods, c, The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in Ilne with the further expenditure of funds, by providing the Sub -Recipient with thirty calendar days prior written notice. d. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will 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 will not Incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Selo -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient, The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18)pl OCURPMENT a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to Include 2 C,F,R, §§200,318 through 200.327 as well as Appendix 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. §200.31 S(1), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the fotioeaing; rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price," e. As required by 2 C.F.R. §2D0.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders K in order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. 13 d. Except for procurements by micro -purchases pursuant to 2 C,F.R. §200,320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall . forward to the Division a copy of any soflcitation (whether competitive or non-competitive) at least ten (10) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within seven (7) business days. Consistent with 2 C,F.R, §200.325, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200,318 through 200.327 as well as,Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its Judgment for that of the Sub-Reciplent. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications, The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the seven (7) business day window outlined above, If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement In accordance with the provisions outlined in paragraph (17) above; and, iI, Refuse to reimburse the Sub -Recipient for any coats associated with that solicitation. e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within seven (7) business days. Consistent with 2 C.F.R, §200.325, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R, §§200.318 through 200.327 as well as Appendix 1I to 2 C.F,R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While The Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division toidentify deficiencies In the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws. regulations, and agreement terms, If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the seven (7) business 14 day window outlined above. if the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non -compliant, then the Division may: 1. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ti. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. f, The Sub -Recipient agrees to include in the subcontract that (I) the subcontractor is bound by the terms of this Agreement, (i1) the subcontractor Is bound by ail applicable state and federal laws and regulations, end (iii) the subcontractor shalt hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. effected g. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its empioyees engaged in the selection, award and administration of contracts," h. As required by 2 C.F.R. §200.319(b) contractors that develop or draft specifications, requirements, statements of work, or invitations for blds or requests for proposals must be excluded from competing for such procurements. The Sub -Recipient or pass-thru entity must disclose to the Division, in writing, any real or potential conflict of interest that may arise during the administration of the federal award, as defined by federal statutes or regulations, or their own existing policies, within five (5) days of learning of the conflict of interest. "Conflict of interest" is considered as any situation where an employee, officer, or agent, any members of his or her Immediate family, or his or her partner has a close personal relationship, business relationship, or professional relationship, with a reciplent or subreciplent 1, As required by 2 C.F.R. §200.319(e), the Sub-Reclpienf shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; companies; contracts; equivalent; 1!. Require unnecessary experience or excessive bonding; 1i1. Use noncompetitive pricing practices between firms or between affiliated iv. Execute noncompetitive contracts to consultants that are on retainer v, Authorize, condone, or Ignore organizational conflicts of interest; vl. Specify only a brand name product without allowing vendors to offer an 15 vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service. solicited by the procurement; vi t. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, Invitation to bid, or request for proposals. j. "[Ejxcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as tequired'by 2 C.F.R. §200.319(o), shall not.use a geogrephic.preference when procuring commodities or services under this Agreement. k. The Sub -Recipient shall conduct any procurement involving invitations to bid (Le. sealed bids) in accordance With 2 C.F.R. §200,320(b)(1) as well es section 287.057(1)(a), Florida Statutes, I. The Sub -Recipient shall conduct any proourernent involving requests for proposals tl.e. competitive proposals) in accordance with 2 C.F.R. §200.320(b)(2) as well as section 207.057(1)(b), Florida Statutes. rn. For each subcontract, the Sub -Recipient shall provide information to theDieision as to whether that subcontractor is a minority business enterprise, es.deflned in Sabtton 298.703, Florida Statutes On the required Procurement Method Report (Form 5). Additionally, the Sub -Recipient shall comply with.the requirements of 2 C.F.R. §200.321 ("Contracting with email and minority businesses, women`s business enterprises, and Tabor surplus area firms"). n. FEMA has developed helpful resources for Sub -Recipients using federal grant funds for procurements. These resources are generally available at trttp L www.fema.govi rg ts/procurement. FEMA periodically updates this resource page so please check back for the latest information. White not ail the provisions discussed in the resources are applicable to this subgrarit agreement, the Sub -Recipient may find these resources helpful when drafting its solicitation and contract for compilance with the Federal procurement standards outlined in 2 C.F.R. 200,;1 a through. 20Q.327 es well as Appendix II to 2 C.F.R. Fart200. (19)ATTACHMENTS ANC) EXHIBITS a. Ali attachments to this AgreeMentare incorporated as if set out fully.. b. in the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the .attachments shall control, but'onty to the extent of the conflict or Inconsistency. c. Thie Agreement has the'following attachments: Exhibit 1 - Funding ',Sources it. Exhibit2 — Certification Regarding Telecommunications and Video Restrictions 16 Hi, Exhibit 8 -- Certification Regarding Lobbying iv. Aftachment A — Program Budget v. Attachment B — Scope of Work vi, Attachment C — Deliverables and Performance vli, Attachment D — Program Statutes and Regulations Attachment E -- Justification of Advance Payment ix. Attachment F — Warranties and Representations x, Attachment G — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion xi. Attachment H -- Statement of Assurances xll, Attachment I — Mandatory Contract Provisions xiii. Attachment J -- Financial and Program Monitoring Guidelines xiv. Attachment K — EHP Guidelines xv. Attachment L — Reimbursement Checklist (20)PAYMENTS a. if the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, ail obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Reclplent shall submit its closeout report within thirty days of 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 circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. Ail requests for advance payments will be reviewed and considered on a case -by -case basis, All advances are required to be held In an interest -bearing account, If an advance payment Is requested, the budget data on which the request le based, and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been pald prior to the submittal of a request for advanced payment, After the initial advance, if any, payment shall be made on e reimbursement basis as needed. 17 (211REPAYMENIS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2565 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. in accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater, (22)1y1ANDATEIJ CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and meterlais are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice•to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obflgations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Lean County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not Invalidate any other provision of this Agreement. c, Any power of approval or disapproval granted to the Division under the terms of this Agreement shelf survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-338, 42 U.S.C. Section 12101 et sett), which prohibits discrimination by public and private entities on the basis of disability In employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the dfscriminatod vendor fist may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to e public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity In 18 excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub -Recipient which Is not a local government or state agency, and which receives funds under thls Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 11. Have not, within a five-year period preceding this proposal been convicted of or had a civil Judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; ill. 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) t ii. of this certification; and, Iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g, If the Sub -Recipient Is unable io 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 shag send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Reciplent enters Into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. j. If the Sub -Recipient Is allowed to temporarily Invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingiy 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 19 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 5 years from the date of purchase or the completion of the improvements or as further required by law, m, Unless preempted by federal law, the Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F,S., or been placed on the Scrutinized Companies with Activities In Sudan List or the Scrutinized Companies with Activities In the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or Is engaged in a boycott of Israel. (23)LOBBYING PROHIBITIgN a 2 C.F,R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c, No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d, The Sub -Recipient certifies, by Its signature to this Agreement, that to the best of his or her knowledge and belief: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. II. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 20 Ili. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. Iv, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction Imposed by Section 1352; Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not 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-Reciplent, and subcontractors, as applicable, shall sign Attachment M — Certification Regarding Lobbying. (24)COPYRLGHT. PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL. PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WiTH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient ahalt 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 will seek patent protection in Its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. if any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain ail rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Fiorida law, then, pursuant to section 1004.23, Florida Statutes, any Invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. in the case of joint inventions, that is Inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, 21 undivided Interest In and to such joint Inventions, The Division shall retain a perpetuat, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed soieiy by the Sub -Recipient, under this Agreement, for Florida government purposes. (26)LEGAL AUTHORIZATION The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub- Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a In accordance with 41 C.F.R. §60-1,4(b), the Sub•Reclplent hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 80, which Is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, Insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender Identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. li_ The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin, ill. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant, This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job 22 functions dtacioses 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 charge, in furtherance of an Investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or Is consistent with the contractor's legal duty to furnish information. iv, The contractor will 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 commitments under this section and shall post copies of the notice In conspicuous places available to employees and applicants for employment. v. The contractor will comply with all provisions of Executive Order 11248 of September 24, 1965, and of the ruses, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,1985, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vill. The contractor wilt 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 by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect 10 any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter Into such litigation to protect the interests of the United States. b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal 23 opportunity clause Is not applicable to any agency, instrumentality or subdivision of such government which.does not participate in work on or under the contract. c. The Sub-Reeiplent agrees that ft will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such Information as they may require for the supervision of such compliance, and that it will 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 will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965; with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted constructions contracts pursuant to the Executive order and will 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 addition, the Sub -Recipient agrees that if ft fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend In whole or in part this grant (contract, roan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub•Recipfent; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPEt.Al9D ANTi-K�41SRACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federat law, it will incorporate or cause to be Incorporated into any contract for construction work, or modification thereof, the fallowing clause: I. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 IS.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. II. Subcontracts, The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these atauses in any fowar tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ill. 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 28 C.P.R. § 5.12. (28)CQNTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract 24 must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked In excess of 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 must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean A1r Act (42 U.S.C, 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251.1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30)USPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters Into a contract, then any such contract must include the following provisions: I. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt, 3000, As such the contractor is required to verify that none of the contractor, Its principals (defined at 2 C,F,R. § 180.995), or its affiliates (defined at 2 C.F.R, § 180.905) are excluded (defined at 2 G.F.R. § 180.940) or disqualified (defined at 2 C,F.R. § 180.935). 11 The contractor must comply with 2 C,F,R, pt. 180, subpart C and 2 C.F.R, pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into, ill, This certification is a material representation of fact retied upon by the Division. if it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpartC and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv, The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to Include a provision requiring such compliance in its lower tier covered transactions. 25 (311E3YRD ANTI -LOBBYING AMENDMENT_ If the Sub-Reciplent, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that It wili not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient, if the Sub -Recipient enters into a contract with a subcontractor for an award of $100,000 or more, the subcontractor shall sign Attachment M Certification Regarding Lobbying. f32) CONTRACTING WITH SMALL AND )MINORITY BUSINESSES, INOMEN'S $USINESS ENJERPRISES. QNp LABOR SLJ PLUS AREA FIRMS a If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 CF.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 ,vI enever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; li. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; Dividing total requirements, when economically feasible into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the Teo trernentpermits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance as apnropr)ate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs I. through v. of this subparagraph. b. The requirement outlined In subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firma. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps Identified above. 26 c. The "socioeconomic contracting" requirement outlines the, affirmative steps that the Sub -Recipient must 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°j. (33) ASSURANCES The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT; CITY/OF MIAMI FIRE RESCUE By. Name and Title: Date: FiD# 59-6000375 ArthiAloriega, City Manager If signing electronically: By providing this electronic signature, 1 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. 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 r DIVISION 0EMERGES. Y M NAGEMENT By: Name and Date: 27 EXHIBIT -- THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THiS AGREEMENT: Federal Program: HOMELAND SECURITXGRANT PROGRAM Federal Agency: U.S pepartn1ent of Homeland Seoutty, Federal Emergency Management Catalog of Federal Domestic Assistance title and number: 97,067 Award amount: $ 14,012,500.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Federal Program: HQMC AL J D SECURITY GRANT PROGRAM List applicable compliance requiremenfs as follows: 1. Sub -Recipient is to use funding to perform eligible activities as Identified FY 2021 Department of Homeland Security Notice of Funding Opportunity. 2. Sub -Recipient is subject to ail administrative and financial requirements as set forth In this Agreement or will not be in compliance with the terms of the Agreement. 3. Sub -Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. NOTE: 2 C.F.R. Part200, and section 216.97(5)(a), Florida Statutes, require that the Information about Federal Programs and State Projects included in Exhibit 1 be provided to the Sub -Recipient, 28 EXHIBIT -- 2 Certification Regarding Telecommunications and Video Restrictions Effective August 13, 2020, DHSfFEMA Sub -Recipients, as well as their contractors and subcontractors, may not use grant funds under the Nonprofit Security Grant Program covered by this Agreement and provided in FY 2021 or previous years to: 1. Procure or obtain, extend or renew a contract to procure or obtain, or enter Into a contract to procure or obtain any equipment, system, or service that uses 'covered telecommunications equipment or services" as a substantial or essential component of any system, or as critical technology of any system; or 2. Enter Into, extend or renew contracts with entities that use or provide, as part of Its performance of this agreement or any other contractual instrument, any equipment, system, or service that uses "covered' telecommunications equipment or services" as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment Is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub, L. No. 115-232 (2018), and 2 C.F,R. § 200.216. Sub -Recipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the FY 2021 Preparedness Grants Manual, applicable appendix to the Manual, and applicable NOFO, DHS/FEMA will publish additional guidance in a subsequent information Bulletin or similar notice. Per section 889(f)(2)-(3) of the FY 2019 NDAA, covered telecommunications equipment or services means: 1. Telecommunications equipment produced by Huawel Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); 2. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hlkvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3. Telecommunications or video surveillance services provided by such entities or using such equipment; or 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National intelligence or the Director of the Federal Bureau of investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People's Republic of China. in the event the Sub -Recipient identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance or at any time or by any other source, the Sub -Recipient shall report the information to the SAA: 1. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (If known); supplier Commercial and Government Entity (CAGE) 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 10 business days of submitting the aforementioned information: Any further available information about mitigation actions undertaken or recommended. in addition, the Sub -Recipient shall describe the efforts it undertook to prevent use or submission of covered 29 telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. Sub•Reclnien t CITY OF MIAMI FIRE RESCUE By; Date: Arthur Norie ia,City Manager Printed Name and Title if signing electronically: By providing this electronic signature, 1 am attesting that 1 understand that electronic signatures are legally binding and have the same meaning as handwritten signatures. I am also confirming that Infernal controls have been maintained, and that policies and procedures were properly followed to ensure the authenticity of the electronic signature, 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 l understand that It is my responsibility, on behalf of the organization, to ensure that we adhere to these restrictions. 30 EXHIBIT — 3 CERTIFICATION REGARDING LOBBYING Check the appropriate box: g7 This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceipd $100,000 pursuant to 2 C.F.R. Part 200, Appendix NI); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. 0 This Certification is mot required because the Contract, Grant, Loan, or Cooperative Agreement will be less than $100,000, /APPENDIX A, 44 G.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been pald or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of 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 maldng of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of thls certification be included In the award documents fdr all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who faits to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sub -Recipient or subcontractor, Cifv Qf Miami , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any, in addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False. Claims and Statements, apply to this certification and disclosure, if any. Signature of Sub-Reclpient/subcontractor's Authorized Official Arthur Nprlepa, City Manager Name and Title of Sub-Recipient/subcontractor's Authorized Official Date 31 ATTACHMENT A Program Budget Below is a general budget which outlines efigibie categories and their allocation under this award. The Sub -Recipient is to utilize the "Program Budget" as a guide for completing the "Budget Detail Worksheet" below. The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA`s preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. The list consists of 21 equipment categories divided into sub -categories, tertiary categories, and then individual equipment items. The AEL can be found at httpiltwww.fema. qov/authorized-equipment-list. "Ilse 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, %�] i y; 1. �. 'G-`Y�.e-t'.'£f s.n s3. 'v"2 y •,. j it, i. .. r{ 7 SCSL-•i=-�li=-irXt�-...�y,Sb .. i[�F 4 ,�Fl�^teY�1.�'+�'••LCt ;- A I119 1 . ."''T'� ? 'e' i4s'L":� ax "' ..R� , t a-^ .ir O 1 ... - .r-.z: y _. .s,T`x ltTii �i '� .s 'br/!_..-....-.,vJ.i3er� �l __..,. FY 2021 - State Homeland Security Grant Program — Urban Area Security Initiative Issue #45 ._-: City of Miami Fire Roscue Award Allocation --Issue 45 $14,750,000.00 State Management & Administration withheld 50/D $737,500.00 Expendable Award Allocation after 5% reduction $14,012,500.00 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. $3,687,500.00 Management and Administration (the doper amount which corresponds to 4% of the total locat agency allocation is shown in the column on the right). $560,500.00 1� .y.3,�F� 9:. i tt4 'N'1 `. .� �.. .. .+1 .y iw^y'„-% .+aAJO� R 5 - • 'i H 3+..-�a+' }, 1�x t x �e k Y •SLk^u C ". t5.t-.: a3L j+y FFt rL.3' + ..- �t 'i „ , -may- 'S:. :4 i ¢ s• -9 cp ..q..Rna .c %<+Pv ,ur;a --R,. r�" k#' t'•'. 8 C`F i �•.+i'i ti P �1- 4' - ...£ � 4. 1, _. _-.� , G it x 'GS' �' Lt •- 4,t.0 .., ,•- .._ .. -'`5ka ..a. > w3.4 •qr. .-- rew. ' mj .... _ �'a ?� i^ ....8.: 32 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. Cost iJ 4' Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, response, and recovery activities Developing and implementing homeland security support programs and adopting ongoing DHS/FEMA national initiatives Developing related terrorism and other catastrophic event • revention activities Developing and enhancing plans and protocols Developing or conducting assessments Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties Cybersecurtty - Planning, Training and Exercises (Planning); Line item 2021-01 1 573,497,00 $73,497.00 1 Cybersecurity - Metadata Planner; Line item 2021-01 1 $43,000.00 $43,000.00 1 COVE — Screening, Search and Detection (LPR Analyst); Line item 2021-04 1 $62 54g 00 $62 549 00 Cross Cutting — Planning (PTE to include Planners and Consultants) 1 $1,508,967.00 $1,808,967.00 6 Materials required to conduct planning activities COVE — Public Information and Warning (CIBPAT); Line item 2021-04 1 $92,326.00 $92,326.00 4 Travel/per diem related to planning activities 32A Overtime and backfill costs (in accordance with operational Cost Guidance) Issuance of WHTI-compliant Tribal identification cards Activities to achieve planning inclusive of people with disabilities and others with access and functional needs and limited English proficiency Coordination with Citizen Corps Councils for public information/education and development of volunteer pro rams Update governance structures and processes and plans for emergency communications Development, and review and revision of continuity of operations plans Development, and review and revision of the THIRA/SPR continuity of operations plans i 3iTU? 5 Unit Cost t,X8dl,3?9.0o Iota t Cori I J# Asa TOTAL PLANNING Allowable Organizational Activities (HSGP and LETP} Program management Qudutiti Development of whole community partnerships Structures and mechanisms for information sharing between the •ublic and •rivate sector Implementing models, programs, and workforce enhancement initiatives Tools, resources, and activities that facilitate shared situational awareness between the public and private sectors Operational support 32$ Utilization of standardized resource management concepts n 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) ST/CP — Interdiction and Disruption (Operational OT for FEMA approved events; Line item 2021-02 1 $5,000.00 $5,000.00 2 Overtime for information, investigative, and intelligence sharing activities (up to 50 percent of the allocation) Hiring of new staff positions/contractorslconsultants for participation in information/intelligence analysis and sharing groups or fusion center activities (up to 50 percent of the allocation) Cybersecurity- Cyber Analysts; Line Item 2021-01 1 $290,000.00 $290,000.00 1 Intelligence and info Sharing — I & 1— Fusion Center Analysts; Line item 2021-03 5 $57,500.00 $287,500.00 3 Cost of migrating online services to the ".gov" domain EXPENDITURES Unit Cost $532,500.00 Total Cost 1J # TOTAL ORGANIZATIONAL Allowable Exorcise Costs Quantity Design, Develop, Conduct and Evaluate an Exercise Full or Part -Time Staff or Contractors/Consultants — Full or part-time staff may be hired to support exercise -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design. development, conduct and evaluation of CBRNE exercises. The applicant's formai written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. . 32 t Cybersecurity Planning, Training and Exercises (Exercises); Line item 2021-01 1 $300,G0G.00 $300,000.00 1 Response — Public Health, Healthcare and EMS (Development of closed POD Exercise and Training Video); Line item 2021-14 1 $75,515.00 $75,515.00 8 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 EXFRGISE EXPENDITURES $375,s Over -hale and backfill for emergency preparedness and response personnel attending DNS/FEMA-sponsored and approved training classes i2 b i2 b Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training Training Workshops and Conferences y 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 Cybersecurity — Planning, Training and Exercises (Tralningg; Line item 2021-01 1 $313,29100 $313,293,00 1 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 : '';.� �,. -`_`` -. x7 - .� c . { "i� 4, 9E—a.. d�,� �(Yrr" i(s�` €dS..yr ice_ -a�' .( 32 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 fitro i ww s'e .q gov?authorized-eq ipment-(i a. Quantity Unit Cost Total Cost issue # Personal protective equipment Emergent Threats - On -Scene Security, Protection and LE jGas Masks); AEL #01AR-02-APR; Line item 2021-05 10 $891.00 $6,910.00 5 Response - On -Scene Security, Protection and LE (Ballistic Protection); AEL #OILE-01-HLMT, 01LE-01-ARMR, 01LE-01- SHLD); Line item 2021-13 1 $226,218.00 $226,218.00 8 Explosive device mitigation and rernedtation equipment Emergent Threats - Interdiction and Disruption (Bomb Suits/Bomb Robots); AEL #02PE-01-BSUT and O2EX-02-RBTL; Line Item 2021-05 1 $135,000.00 $135,000.00 5 CBRNE operational search and rescue equipment Cybersecurity - Analysts' Equipment, AEL #05HS-00-MALW, I 05HS-00-PFWL; 05HS-00-FRNS; 04HW-01-INHW and 19GN-00- BGPK; Line item 2021-01 2 $5,000.00 I 310,000.00 1 COVE - Screening, Search and Detection (Regional LPR Initiatives); AEL #030E-01-ALPR, 04AP-02-AVLS, 131T- 00-INTL, 13LE-00-SURV, 21GN-00-INST, 21GN-00-CNST and 21GN-00-SHIP; Line item 2021-04 1 $837,448.00 $837,448.00 4 Emergent Threats - On -Scene Security, Protection and LE (NVG); AEL #030E-02-TILA; Line item 2021-05 1 $34,325.00 - $34,325.00 5 Response - Mass Search and Rescue (TRT Enhancements, Tablets, Thermal Imaging Cameras); AEL #030E-01-CTAC, 030E-02-TILA, 01AR-01-SAR, 04HW-01-INHW, 21GN-00-SHIP; Line item 2021-12 1 $184,412.00 $184,412.00 8 Response - On -Scene Security, Protection and LE (NVG and Lighting); AEL #030E-02-TILA, 030E-LTPA; Line Item 2021-13 1 $486,800.00 $486,800.00 8 Information technology STICP - Intelligence and Information Sharing (Video Wails and Covert Surveillance Technology); AEL #04HW-01-INHW, 04MD- 01-VCAM, 045W-04-NETW, 04SW-05-SCAD, 04M0-03-DISP, 12TR-02-TEQP, 030E-02-ROVL,131T-00-INTL, 21GN-00-INST and 2IGN-00-OCEQ); Line item 2021-02 1 $995,341.00 $995,341.00 2 Intelligence and info Sharing - I & I - (RTCC EnhancementNideo Display); AEL #04MD-01-DISP, 21GN-00-INST; Line item 2021-03 1 , $29,930.00 $29,930.00 3 32 5 COVE - Planning (VIR Counter Terrorism Training System); AEL #04AP-08-SIMS; Lino item 2021-04 1 $1713,000.00 $178,000.00 4 Cross Cutting - Operational Coordination (WebEOC); 04AP-06-CDSS, 04AP-03-MSS, 04SW-04-NETW, 04AP- 02-AVLS 1 $265,000.00 $255,000.00 6 .:';';'::',•..,:::.i..:.:.Y::;.:.-.;.;:'.:77.._ -:'.. 4ibreon1ty/CII-Tia 01tkii" 'OP •:-77:7:::::::., ....,,,E,;:' •‘-:, ..;•*;:;.:'.',.:.: equloment Emergent Threats - Operational Communications (Microweve Downlink); AEL #06CP-03-MWAV; Line Item 2021-05 - 1 $291,000.00 $291,000.00 6 Response - Operational Communications (Repeaters, Radios, Sat phonesiradlos, Cellular Coms Kits, Overlay); AEL #08CP- 01-BASE, 08CP-02-BROG, 06CC-03-SATM, 08CP-01-PORT, 00CC-02-DSAD, 210N-00-TRNG, 06CP-01-PORT, 08CP-01- REPT, 06CC-03-SATS, 030E-01-CTAC; Line item 2021-15 1 $703,484,00 $703,484.00 9 ':1?!e.t01,§rf40!1:9511:241;4-1E:!•,'''';PR.',"?-'4.;:::;01-7:;'i'•;A::,-.`,if ::;::`:', ' i :::.' !.'.7:'''''''!...;!''fr'::. \:..,:;;:.7.-;•: :1;•'.,1-: ',..: ''',':":".-, '1'',.':: Emergent Threats - Screening, Search and Detection (Hazmat Detectors, Monitors, Meters); AEL #07CD-01-0PMG, 07ED-01- IMOB, 07Z2-00-NCEIR, 07RD-02-PRDA, 07CD-01 -DPOC, 07CS- 01-KAVC, 07CS-01-KLCS and 16SC-00-PVION; Line item 2021. OS 1 $368,735.00 $358,735,00 5 ..;,,A0ot 64,ciiih:,, .0 0!'::',!',:i,1',IT:**:s::!v.,.,-::..,f:tlf6'..1•J:;t•-•,':.7.;',:)::„-1:,....• - "":75',.:'-!:i..A: __L------- i00'' 0igi Orwit.::tio$;,,-,1)00t.'...;.:.,NZ:;:ai6';'A...:g:,-,2 Y,::?;,,•sv.,.-.,,.,t.-'1';r,..,.i.;;,, ;::::,.E,-::,•.;,..,,.! t ..‘..:':'.i2.,,.-!,7T-,,,,,:i Response - Logistics and Supply Chain Management (Generators, Power Cells, Shelter); AEL #10EIC-00-SOLR, lOGE-00-GENR and 19SS-00-8HEL; Line Item 2021-11 r 1 $433,355.00 $433,365.00 8 0a3PNEROter.41.00it**;`„‘:::::,=:•?4;:-.....,,!.,;'"..--,:•!:.F.,:t....:,,,-, r:0,,,•:,,..,• ,‘: -AN-0400900:0.130,4:, 6k•...,',:;?•:;...N..:1•4.:.i•,,'':Q 1 $683,961.00 6 Emergent Threats - Critical Transportation (MCI Eusill4TU); AEL #12VE-00-ASUS; Line Item 2021-05 $583,981.00 Emergent Threats - Environmental Response, Health and Safety (Hazmat Trailer/Equipment); AEL #12TR-00-TEOP, 010E-04-ENSM, 01C8-02-ENSM, 01VT-02-FTWR, 01VT-02- GARM, OlVT-02-GLOV, 012A-04-HEAR, 07CD-01-DPOC, 012A- 02-FTWC, 070D-04-DCSO, 01SP-02-FTWR, 07CD-01-DPFI, 01SP-02-GLOV, 07CD-01-DPP1, 01AR-02-APR, 01AR-02-APRC, 04AP-02-0APT, 07CD-01-KLSV, 01AR-01-SCBT, 0802-01- WWCD, 030E-02-T1LA, 08D2-02-EDCS, 08D2-03-TDEW, I9GN- 00-COMP, 0802-04-SOLN, 11RE-00-RFCS, 07RD-02-11HSM and 030E-03-CACS; Line item 2021-05 1 $114,133.00 $114,133.00 5 32a1 Response - Critical Transportation; AEL 12VE-00-MISS; Line Item 2021-10 1 $760,121.00 $760,121.00 8 0.0440401Wrt.'44;:..7.:'111g..a14;ti. ' :''':',4".;;..'1:::', 1 ' 4' .1:(A:,;.:",...i:i...;iVrii:j.r?.'N',!•,:; $134,068.00 $134,058.00 j,, 3 Intelligence and Info Sharing - I & I - (Forensic Video Covert Streaming Systems); AEL #13LE-00-SURV, 0411/1D-03-DISP, 04HW-01-INHW and 10GE-00-GENR; Line item 2021-03 40.0: ' .' 4iin . i2'; ):,:., - kri . '' ''''';';".4,-,4'_...614',1;:s,!':11•iit•-,itt,,..;•:.•t:',..k:;.- ,,..x ti,;,:,:i.'.,:z.f:•?;:diE,..,• -.; ,„,;v.''..k.:'..,,..'. . Cybersecurity (COOP Projects), AEL1114C1-01-COOP, Line Item 2021-01 1 $77,000.00 $77,000.00 1 ST/CP (Access Control to Include Election Security); AEL #14SW-01-PACS and 210N-00-INST, LitIG item 2021.02 1 $250,000.00 $250,000.00 2 STICP (Physical Protective Measures - CCTV, Bollards); AEL caw-oi-vina, 14SW-01-WALL, 21GN-00-INST, 04MD-03- DISP, 213N-00-MAIN, 04HW-01•INHW) 1 $1,369,124.00 $1,369,124.00 2 intelligence and Info Sharing - interdiction and Disruption (Regional Maritime Radar Project); AEL #14SW-01-RADR; Line Item 2021-03 1 $330,900.00 $330,000.00 3 Response - Communications (Backup Ethernet); AEL 14SW- 01-COOP; Line Item 2021-16 1 • $20,000.00 320,000.00 9 . . .. .... .. .. . . . . • . ''.frOPikiii00*id::§criO' iii,10004........•`.....I..!...'..:.: ::-.". ::''.. '..; '' . :.1 ..,.:. • .... . • .:, • '.... ....::; - '. 2. '," . . . • . I" •'...:.• ....... ; . .:.... ..... •.. • : ''...: •,........: .. '•:.,. ••'• .:,. .,.............r.,• :-. °: ... .1 ': ,.• ... ; $173,765.00 I. $173,700.00 8 *300-rtliiif:',.•:, :2: 14411,041'..,h, '..:*40# , •4-4..k.i?.' ,-*R.).7.144,1%..i):•.,:::.i4;i-c..d..:1:;y.;...!.i:',,,,,,.':•:,k,',....z.;:t.v..4:::#74•411,,,:i-W...,,,,,,,4,.:,.,:g:,;;;-...i.rii,i; 1 Response - Mass Search and Rescue (Fireboat), AEL 417WC- 00-BOAT, 210N-00-TFtNO; Line Item 2021-12 . OB$NE:Frevention'andRaiPOnsa:Lirinianneti•Alrcieft ' ....'....'''...:.*: ' :-., ... • : -...•.: • : • ;:.; - — . - : .. • ' - I -1- T . • • oliot,14Aiikookoulooti:...2.,.... , •:. • , .•• • . .. •. . - 40.ftgiteiii414*.iilt:-1_''" ' :: -71;:v•i)VY;!,,.tiTi,V,§7.,',•=.4tq'sh:c7.:...':•:•-i.0.4:::::g-:::.„,?4,.:.z.:2t,,s:::i;:,-..44...,.,:476:".:iFtili;!:;),w‘mf.i..:,. tikif0„:710:0V'',T*60§iia7.1 . '4,,-71-iiti.ifiT•i',...74.0iiii.*:-.v,k;e4.:::te...?,3e.i.4,..,;;,!',,*,74,;.*.,c....:,•g$:-,:6,,,,•,...,.61::..&;:F,;: 1 _r w6.01id-jif ,. vflorA 7,-.40:61ti .,„-f,.::::-;,•,:.:-... ,... :. -,.., 2; Intelligence and Information Sharing -I & I - Fusion Center Operations; AEL 1021GN-00-0CEO; 04HW-01-INFIW; 13IT-00- INTL, 13IT-00-ALRT; Line item 2021-03 1 $270,000.00 $270,000.00 3 32 0 r-Cross Cutting - Operational Coordination (EOC Enhancements); AEL #21GN-00-OCEQ, 06CP-05-VCON, 06CP- 01-PORT, 04MD-03-0ISP, 04HW-01-HHCD 05PM-00-PTCH, 06CC-03-SATP, 06CC-03-SATB, 06CC-04-SADS, 06CC-01- CELL, 14SW-01-PACS, 14C1-00-COOP, 21GN-00-INST, 04HW- 01-CABL, 04HW-01-INHW and 21GN-00-tNST; Line item 2021- 07 1 $505,600.00 $505,600.00 __' 6 Mitigation - Community Resilience (Citizen Corp/CERT); AEL #21GN-00-CCEQ, 04AP-08-SIMS, 06CP-01-PORT; Line item 2021-08 i $497,893.00 $497,893.00 7 Mitigation - Long Term Vulnerability Reduction (Maintenance/Sustainment of Equipment); AEL #21GN-00- MAIN; Line item 2021-09 1 $148,750.00 $148,750.00 7 TOTAL EQUIPMENT EXPENDITURES $10,400,353.00 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 Salary Personnel, Line item 2021-17 1 $510,500.00 , $510,500.00 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 -� M&A Travel, Line item 2021-17 1 $20,000.00 $20,000.00 Meeting -related expenses 32 Authorized office equipment: including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the im cementation of the homeland security strategy. Office Supplies, Line item 2021-17 1 $20,000.00 $20,000.00 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 ro ram. Recurring Expenses, Line item 2021-17 1 $10,000.00 $10,000.00 TOTAL AWARD EXPENDITURES $14,012,500 32� ATTACHMENT 8 SCOPE OF WORK Sub -Recipients must cornply with all the requirements in 2 C.F.R. Part 240 (Uniform Administrative Requirements,. Cost Principles, and Audit Requirements for F2derelAwards). Funding is provided to perform eligible activities as identified in the Domestic Homeland Security -- Federal Emergency Management Agency National Preparedness .Directorate Fiscal Year 2021 Homeland Security Grant Program (HSGP), consistent with the Department of Homeland Security State.Strategy. Eligible activities are outlined in the. Scope of Work for each category below: i, issue. and Project Description — tssud 45; The Urban Area Security initiative (UASI) has allowable Management and Administration (M&A) costs associated with it. The Division of Emergency Management, as the designated State Administrative Agency, will ilatain five (5) percent of the total UASI amount allocated to Florida for M&A purposes. These funds will provide the SAA with the.means to manage and administer the UASI grasp. The proper management and administration of these funds ensures that each project listedWill be fulfilled, or partially fulfilled, mere efficiently While remaining In compliance with the OHS. Federal Fiscal Year2021 Homeland Security Grant Program Guidanae. it. Categolles and Eligible Activities 1✓'Y 2021 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 i taA Workshaet° above. A. Allowable Planning Related: Costs HSGP;funds may be used fora range of emergency preparedness and management planning activities such as those associated.with the development, review, and revision of t Sa THIRA, SP , continuity of operatione.plans, and. other planning activities that supportthe Goal and placing an emphasis on updating and maintaining a current gOP that conforms to the guidelines outlined in. OP 101 y-2.0. d Developing bazardffhreat specific annexes that incorporate tine range of prevention, protection, response, arid recovery activities; a Developing and implementing homeland security support programs and adopting DHS/FEMA national initiatives; • Developing related terrorism -and other catastrophic event prevention activities; e Developing and enhancing plans:end protocols; • Developing -or conducting assassmenta; o Hiring of full -or park -time staff or contract/consultants to assist with planning: activities (not for the purpose of hiring public Safety personnel fulfilling trad'itianai pubitesafety duties); • Materials required to condurat planning activities; a Travellper diem related to planning activities; • Overtime and backfill costs (in accordance with operational Coat Guidance); e issuance of \NHTI-compliant Tribal identification card; o- Activities to achieve planning Inclusive of people with disabilities and others with access and functionadl needs; . .0 Coordination with Citizen Cogs Councils for public inforfnation/education and development of volunteer programs; e Update governance structures and processes and plans for emergency communications; • Development, and review and revision of continuity of open; titns plans', • Development, and review and revision. of the THIRA/SPR continuity of operations plans; and n Activitles to achieve• planning inclusive of people with limited English. proficiency. 38 S. Allowable Organization Related Costs (HSGP and UASi Only) Sub -Recipients proposed expenditures of SHSP or UASI funds to support organization activities include; • Program Management; • Development of whole community partnerships, through groups such as Citizen Corp Councils; • Structures and mechanisms for Information sharing between the public and private sector; • implementing models, programs, and workforce enhancement initiatives to address Ideologically inspired radicalization to vloience In the homeland; • Tools, resources, and activities that facilitate shared situational awareness between the public and private sectors; • Operational Support; • Utilization of standardized resource management concepts such as typing, Inventorying, organizing, and tracking to facilitate the dispatch, deployment, and recovery of resources before, during, and after en incident; • Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS) or needs resulting from a Natlorvat Special Security Event; • Migrating online services to the ".gov" Internet domain; and • Paying salaries and benefits for personnel to serve as qualified Intelligence Analysts. Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act, Pub. L. No. 110-412, § 2, codified in relevant part, as amended, at 6 U.S.C. § 609(a), HSGP end UASI funds may be used to hire new staff and/or contractor positions to serve as Intelligence analysts to enable information/intelligence sharing capabilities, as well as support existing Intelligence analysts previously covered by HSGP or UASI funding. See 6 U.S.C. § 609(a). To be hired es an intelligence analyst, staff and/or contractor personnel must meet at least one of the following criteria: • Complete training to ensure baseline proficiency In intelligence analysis and production within six months of being hired; and/or, • Previously sanded as an intelligence analyst for a minimum of two years either in a federal intelligence agency, the military, or state and/or focal law enforcement intelligence unit. Intelligence Analyst Activlttes Allowable Casts (HSOP and UASI) All fusion center analytical personnel must demonstrate qualifications that meet or exceed competencies identified In the Common Competencies for state, local, end tribal Intelligence Analysts, which outlines the minimum categories of training needed far intelligence analysts. A crartificate of completion of such training must be on file with the SAA. States and Urban Areas must justify proposed expenditures of HSGP or UASI funds to support organization activities within their Id submission. All SAAs are allowed to utilize up to 50 percent (50%) of their HSGP funding and all Urban Areas are allowed up to 60 percent (50%) of their UASI funding for personnel casts. Al 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 a three- yeer staffing history for the requesting entity. Law Enforcement Terrorism Prevention (LETP) Activities Allowable Costs (HSGP and liA8f) 39 LETP Activities eligible for use of LETPA focused funds Include but are not limited to: • Maturation and enhancement of designated state and major Urban Area fusion centers, Including Information sharing and analysis, threat recognition, terrorist interdiction, and training/ hiring of intelligence analysts; • Coordination between fusion centers and other analytical and investigative efforts including, but not limited to Joint Terrorism Task Forces (JTTFs), Field Intelligence Groups (FIGs), High Intensity Drug Trafficking Areas (HIDTAs), Regional Information Sharing Systems (RISS) Centers, criminal Intelligence units, real-time crime analysis centers and DHS intelligence, operational, analytic, and Investigative entitles; • implementation and maintenance of the Nationwide SAR Initiative, including training for front line personnel on identifying and reporting suspicious activities, tips/leads, and online/social medla-based threats, as well as the execution and management of threat assessment programs to identify, evaluate, and analyze indicators and behaviors indicative of terrorism, targeted violence, threats to life, and other criminal activity; • Management and operation of activities that support the execution of the intelligence process and fusion centers, including but not limited to: Fusion liaison Officer (FLO) programs, security programs to protect the facility, personnel, and information, and the protection of privacy, civil rights, and civil liberties. • implementation of the if You See Something, Say Something" campaign to raise public awareness of indicators of terrorism and terrorism -related crime and associated efforts to increase the sharing of information with public and private sector partners, Including nonprofit organizations, o Note: DHS requires that ail public and private sector partners wanting to implement and/or expand the DHS "if You See Something, Say Something' campaign using grant funds work directly with the DHS Office of Partnership and Engagement (OPE) to ensure all public awareness materials (e.g., videos, posters, tri-folds, etc.) are consistent with the DHS's messaging and strategy for the campaign and compliant with the initiative's trademark, which is licensed to DHS by the New York Metropolitan Transportation Authority. Coordination with OPE, through the Campaign's Office (seesay@hq.dhs,gov), must be facilitated by FEMA. • • Increase physical security, through law enforcement personnel and other protective measures, by implementing preventive and protective measures at critical infrastructure site or at -risk nonprofit organizations; • Building and sustaining preventive radiological and nuclear detection capabilities, including those developed through the Securing the Cities initiative; and • Integration and tnteroperabillty of systems and data, such as computer aided dispatch (CAD) and record management systems (RMS), to facilitate the collection, evaluation, and assessment of suspicious activity reports, tips/feeds, and online/social media -based threats. 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-Reclpients 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: • Back€ill 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; 40 • 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; Consumable costs, such as feet expenses, are not allowed except as part of the standard National Guard deployment package); • Increased border security activities In coordination with ESP; • 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 (NCtPP); • Directed Transit Patrols; and • Operational Support to a Federal Agency, Operational Overtime Requests: • Except for an elevated NTAS alert, FHSGP or UASI funds may only be spent for operational overtime costs upon prior written approval by FEW. The SAA must submit operational overtime requests in writing to its assigned FEMA Program Analyst (PA). FEMA will consider requests for special event activities up to one year in advance. However, such requests must be within the award's current period of performance and must not result in the need for a request to extend the period of performance. • All operational overtime requests must clearly explain how the request meets the criteria of one or more of the categories listed above, Requests must address the threat environment as it relates to the event or activity requiring operational overtime support and explain how the overtime activity is responsive to the threat. • Post -event operational overtime requests Will only be considered on a case -by -case basis, where it is demonstrated that exigent circumstances prevented submission of a request in advance of the event or activity. ,• Under no circumstances may DHS/FEMA grant funding be used to pay for costs already supported by funding from another federal source. - • States with UASi jurisdictions can use funds retained at the state level to reimburse eligible operational overtime expenses incurred by the state (per the above guidance limitations). Any UASI funds retained by the state must be used in direct support of the high -risk urban area. States roust provide documentation to the UAWG and DHS/FEMA upon request demonstrating how any UASi funds retained by a state would directly support the high -risk urban area. • FEMA will consult and coordinate with appropriate DHS components as necessary to verify information used to support operational overtime requests. Personnel Costs (I4$OP and UASI) Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform allowable HSGP planning, training, exercise, and equipment activities. Personnel may include but are not limited to training and exercise coordinators, program managers for aotivities directly associated With HSGP and UASI funded activities, Intelligence analysts, and Statewide Interoperabliity coordinators (SWtC), Sub -Recipients should refer to Information Bulletin No. 421b, Clarification on the Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Avt of 2008 (Public Law 110-412 _ the PRICE Act), October 30, 2019, HSGP funds may not be used to support the hiring of any personnel to fulfil traditional public health and safety duties nor to supplant traditional public health and safety positions and responsibilities. The following definitions apply to personnel costs: • Hiring. State and local entitles may use grant funding to cover the salary of newly hired personnel who are exclusively undertaking aliowable DHSJFEMA grant activities as specified 41 in this guidance, This may not include new personnel who are hired to fulfill any non- DHS/FEMA program activities under any circumstances. Hiring will always result in a net increase of Full Time Equivalent (FTE) employees. • Overtime. These expenses are limited to the additional costs that result from personnel working over and above 40 hours of weekly work time as the direct result of their performance of DHS/FEMA-approved activities specified in this guidance. Overtime associated with any other activity Is not eligible. • Backfrll-Related Overtime. Also called "Overtime as Backflli," these expenses are limited to overtime costs that result from personnel who are working overtime (as identified above) to perform the duties of other personnel who are temporarily assigned to OHS/FEMA-approved activities outside their core responsibilities. Neither overtime nor backfiil expenses are the result of an increase,of FTE employees. • Supplanting. Grant funds will be used to supplement existing funds and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or recipients may required to supply documentation certifying that a reduction In non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. Organization (OPSG) Personnel Costs: OPSG funds may be used for domestic travel and per diem, including costs associated with the deployment/redeployment of personnel to border areas and for travel associated with law enforcement entities assisting other local jurisdictions In law enforcement activities (travel costs must be in accordance with applicable travel regulatipns). Up to 50 percent of an OPSG award may be used to pay for all personnel costs (only to the extent that such expenses are for the allowable activities within the scope of the grant). At the request of a recipient or Sub -Recipient, the FEMA Administrator (or designee) may waive the 50 percent personnel cap, Waiver decisions are at the discretion of the FEMA Administrator and will be considered on a case -by - case basis. Further, changes in scope or objective also require FEMA's prior written approval pursuant to 2 C.F.R. § 200.308(c)(1)(I). A format OPSG personnel waiver request should: • Be on official letterhead, include a written justification, and be signed by the local jurisdiction. • Include a budget and method of calculation of personnel costs both in the percentage of the grant award and in total dollar amount, reflecting the change in scope or objective to the project. • Include an approved Operations Order from the USBP Sector office that supports the local jurisdiction's written Justification. • Be coordinated with the USBP Sector, SAA, and the DHS/CBP Office of the Border Patrol (OBP), As with all OPSG personnel costs, OPSG grant funds will be used to supplement existing funds and wilt not replace (supplant) funds that have been appropriated for the same purpose. Applicants, or recipients may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. Operational Overtime Costs. OPSG funds should be used for operational overtime costs associated with law enforcement activities in support of border law enforcement agencies for increased border security enhancement. Overtime pay is for enhanced patrol for certified public safety officers, along limited support for other law enforcement direct support personnel (e,g., Communication • Officers/Dispatchers, non -sworn patrol pilots, etc.). Overtime shall be reimbursed consistent with the non- federal entity's overtime polloy and the requirements as stated below: • Overtime is time worked that exceeds the required number of hours during an employee's designated shift. • Overtime must be worked to Increase patrol capacity and be in support of identified and approved USBP border security operations. 42 • The, OPSG overtime hourly rate of pay *ill be no more than the approved: overtime rate per local law and policy and must be in accordance with applicable State and Federal regulations. • Alt.dvertimo expenses under 0PSc3 must be. reasonable for the services rendered and conform to the non-fedorat entity's established written policy, which must apply to both federally funded and non -federally funded activities and comply with the other applicable requirements under 2. C.P.R. §§ 200.410-200,431. • The non-federalentity may not utilize OPSG funding to pay for an employee's overtime hours or pay that e)cceeds 16 hours warted In araf 24-hour period. Temporary or Term Appointments • Sub -Recipients may utilize temporary or term appointments to augment the law,enforcement presence: on the borders. However, applying funds toward hiring full-time•or permanent sworn .public safety..offce[s is unallowable. • OPSG-funded temporary or term appointments may not exceed the approved period of performance.. a For OPSG purposes, temporary appointments are non -status appointments for less than one .year. o For OPSG purposes, term appointments are non -status appoiritmenti for. one. year, extendable for one year as necessary. .0 OPSG-funding for temporary or term appointments may pay for salary only. Senefits are not altovuable expensee'for term or temporary employees. .• OPSG remains a nen-hiring program.. Appropriate .uses of temporary or terra appointments include: • To carry out specific. enforcement operations wok fey ongoing OP -funded patrols throughout the Sector Area of'Operatief; ? To staff operations of limited duration; such as OPSW-enhanced enforcement patrols targeting specific lacaticns or criminal. actlulty; and, • To fill OPSG. positions in activities undergoing. transition or personnel .shortages and tocal.bactriill p {icies (medical/rnilitary.deptoyments),. • OPSG term and temporary appointments must have elf necessary certifications and training to enforce state and local laws. OPSG ftirrds will not be used to trainer certify term or temporary appointments except as otherwise stated in the OPSC section of the Preparedness Grants Manual end' the HSGP NOP°. •. in addition to these terms Sufi-Repipients most follow their own applicable policies and procedures regarding temporary or term appointments. Unallowable Costs (OPSG) OPSG unailoweble.cos€s include costs associatedtwithevidence collection, arrest processing, prosecution, and Traffic/DUI checkpoints, such as evidence doctimerrtation cameras, fingerprinting supplies,. alcohol breathalyzers, portable work fighia, traffie barricades, and sirnilarlaw enforcement expenses. Additional unallowable cysts also costs associated with staffing and general7T computing equipmentand hardware, such as personal computers, faxes, copy machines, modems; eto. OPSG Is not Intended as attiring program. Therefore, apptyfng:funds towards hiring full-time or permanent.sworn public safety offi saes uneilowable. OPSG funding shall not be used.to'suppiarit inherent routine patrols and law enforcement operations:or activities not directly related to providing enhanced deordination between boat and federal.faw enforcemen. agencies, Finaity, conntructlan endier renovation ebsts, and exercise expenses are prohibited under OPSG, C. Alic wabio Exercise Related Coots Exercises conducted with grant funding should be managed and conducted consistent with HSEEP, HSEEP guidance for exercise design, development, conduct, evatuatiori, and.'improvement planning is located at r .# ij v�,,Patira. rgivIemergelrrj+ lnanaciers/itafiovel-rarenacadnes�lgxeraiseskseeP 43 • Design, Develop, Conduct, and Evaluate an Exercise • Full or part-time staff or contractors/consultants • Exercise Planning Workshop • 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 • lnteroperablecommunications exercises Additional Exercise information volunteer emergency and others with access and Sub -Recipients that decide to use HSGP funds to conduct an exerclse(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 othere 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 a multi -year TER • special Event Planning. If a state or Urban Area will be hosting a apeoial 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 multi -year T'EP. States must include all confirmed or planned special events in the Multi -year TEP. The state or Urban Ares 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 Multi- year TiEP. • Role of Non -Governmental Entitles In Exercises. Non -governmental participation in all levels of exercises Is strongly encouraged. Leaders from non -governmental entities should be included in the planning, design, and evaluation of an exercise. State, local, Tribal, and territorial jurisdictions are encouraged to develop exercises that test the Integration and use of non -governmental resources provided by non -governmental entitles, defined as the private sector and private non-profit, faith -based, community, participation in exercises should be 44 coordinated with the local Citizen Corps Council(s) or their equivalent and other partner agencies. FOCM State Training Office conditions for Exercises; For the purposes of this Agreement, any exercise which Is compliant with HSEEP standards and contained in the State of Florida (and County or Regional) MYTEP qualifies as an authorized exercise, The Sub -Recipient can successfully complete an authorized exerolse either by attending or conducting that exercise, • to order to receive payment for successfully attending an authorized exercise, the Sub - Recipient must provide the Division with a certificate of completion or similar correspondence signed by the individual in charge of the exercise; additionally, the Sub -Recipient must provide the Division with all receipts that document the costs incurred by the Sub-Reclplent In order to attend the exercise. • In order the receive payment for successfully conducting an authorized exercise, the Sub - Recipient muss provide the Division with an ExPLAN, AAR/IP, IPC/MPC/FPC Meeting Minutes and Sign -in Sheet for exercise attendees; additionally, the Sub -Recipient must provide the Division with all receipts that document the costs incurred by the Sub -Recipient in order to conduct the exercise. The Sub-Reciplent must include with the reimbursement package a separate copy of the page(s) from the Exercise Plan which identifies the participant agencies and a prinfed page(s) from the State (and County or Regional) MYTEP reflecting the exercise. • If you require foodlwater for this event, request must come to the Division within 25 days prior to the event, in the following format: Exercise Title: Location: Exercise Date: Exercise Schedule: Estimated Number of Participants that will be fed: Estimated Cost for food/water: Description of the Exercise; D. Allowable Training Related Costs (SHOP and UAW) Allowable tralning-related costs under HSGP include the estabiishment, support, conduct, and attendance of tralning specifically Identified under the HSGP and UASI programs and/or in conjunction with emergency preparedness training by other Federal agencies (e.g., HHS and DOT). Training conducted using HSGP funds should address a performance gap identified through an AAR/iP or other assessments (e.g., National Emergency Communications Plan NECP Goal Assessments) and contribute to building a capability that will be evaluated through a formal exercise. Any training or training gaps, including those for children, older adults, pregnant women, and individuals with disabilities and others who also have access or functional needs, should be identified in the AAR/IP and addressed in the state or Urban Area training cycle. Sub-Reciplents are encouraged to use exlsfing.training rather than developing new courses. When developing new courses, Sub-Reclpients are encouraged to apply the Analysis, Design, Development, Implementation and Evaluation (ADDIE) model of instructional design. • Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes • 0vertime and backfilt 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 45 • Full- or part-time staff or contractors/consultants • Travel • Supplies associated with allowable approved training that are expended or consumed during the course of the planning and conduct of the exercise proiect(s) • instructor certification/re-certification • Coerdinatinn with Citizen Corps CoUnelis in conducting training exercises • Interoperable communications training • • Activities to achieve planning inclusive of people with litnited English proficiency • Immigration enforcement training Additional Training Information Per DHS/FEMA Grant Programs Directorate Policy I13 432 Review and Approval Ret!uir menfs far Training Courses Funded Through Preparedness Grants, issued an July 19, 2018, states, territories, Tribal entities and high -rusk urban areas are.nalonger required to request approval from FEMA for personnel to attend non-DHS FEMA training as long as'the training is coordinated with -end approved by the state, territory, Tribal or high -risk urban area Training Point of Contact (TPOC) and falls within the FEMA mission.scepe 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 seape of this guidance, Sub -Recipients will be asked to repay grant funds expended 'in support of those efforts. For further Information on deveIbping courses using the instructional design methodology and tools that Can' facilitate the process, SAAs and TPOCs are encouraged to review the NTLV R'espondor Training DoveIcpm ?nt 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 RP), TPP includes the Center for Hom.eland Defense and Security, National Domestic Preparedness Consortium ((CPC), 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 fallwithin 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.filstrespondertrainingagy, Training Not Provided by DbI /FEMA. These training's include courses that are either.state sponsored or Federal'spensored (non-DHS/FEMA), coordinated and approved by the SAA or theirdesignated TPOC, and fall within the DHS/FEMA mission scope to prepare state, local, Tribal, and territorial personnel to :prevent, protect against mitigate, respond to, and recover from acts of. terrorism or catastrophic events. • State Sponsored Courses. These courses are developed for and/or delivered by institutions or.organizations other than Federal entities or FEMA and are sponsored by the SAA or their designated TPOC. • Joint Training and Exercises with the Pubilc and Private Sectors. These courses are sponsored and coordinated by private sector entities to enhance public-privtate partnerships' for training personnel to prevent, protect against, mitigate, respond to, and recover from acts 46 of terrorism or catastrophic events. In addition, States, territories, Tribes, and Urban Areas are encouraged to incorporate the private sectorin government -sponsored training and exercises. Additional information on both DHS/FEMA provided training and other federal and state training can be found at: eeiveefirsere4pondertrainingelov. Training Information Reporting System ("Web -Forms"). Web -Forms is en electronic form/data management system: built to asefst the SAA and Its designated State, territory and Tribal Training Point of Contact (TPOC). Reporting training activities through Web -Forms is not required under FY 2021 HSGP, however, the systerrr rernains available and tan be accessed through the PEMA Tpolklt located at htteeSet iVetresporrdertreining_oov/Ertl in order to support grantees in their own tracking of training deliveries.. FDEM State Training Office Condittdne: For the purposes of this. Agreement, any training course listed on the DHS approved Course catalog qualifies as an authorized course The Sub -Recipient can. successfully complete an authorized course either by attending. or conducting that course, • fn order to receive payment for successfully attending an authorized training course, the Sub - Recipient rnu&t provide the Division with a certificate of course completion; additionally, the Sub-Fecipient must provide the Division with aft receipts that .document the costs incurred by the Sub -Recipient inorder to attend the course. O In order the receive payment for euceetsfuily conducting an authorized course, the Sub - Recipient must provide the Division with the course.meteriats and a roster sign -in sheet; additionally, the Sub -Recipient arrustprovide the Divisionwitt9 ail receipts that document the costs incurred by the Sub -Recipient in order to conduct.the course." • For courses that are non-DHS approved training, Sub -Recipient meet request approval to conduct training through the use of the Npn-.TED Form end provide a copy, along With email, showing approval granted for conduct. e For the conduct of tratning workshops, Sub -Recipient must provide a copy Of the to tee materials and sign -in sheets, ▪ The number of participants rnust be a minimum of15. in order to justify the cost of holding a course. For questions regarding adequate number of participants please.contect the POEM State Training Officer for course specific guidance, Unless the Sub -Recipient receives. advance -Written approval front the State Traintng Officer for the number of participants; then the Division will reduce:the arnount authorized for reimbursement an a pro-rata basis for any training with less than 15 participants. ® The.Sub-Reciplent must include with: thereimbursement package a separate copy of the page(s) from the State (and County or Regional) IYTEP reflecting the training. E. Allowable Equipment Related Coats (SHOP and UAW) The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories for HSGP are listed on the Authorized Equipment 14st (AEL). The AEL is available at htt ://w+, w.fema.gov/aethprieed=equipment-list. Some equipment items` require prior approval from DHS/FEMA before obligation or purchase of the items. Piease 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. andfor DHS/FEMA-adopted sfandards: to be eligible for purchase using these funds:: In addition, recipients will be responsible for:obtaining and maintaining all necessary certifications and licenses for the requested equipment. 47 Grant funds may be used for the procurement of mediae! countermeasures. Procurement of medical countermeasures must be conducted in collaboration with State/city/local health departments who administer Federal funds from NHS for this purpose, Procurement must have a sound threat -based Justification with an aim to reduce the consequences of mass casualty incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals, grantees must have in place en inventory management plan to avoid large periodic variations in supplies due to colnoiding purchase and expiration dates. Grantees are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must Include a budget for the disposal of expired drugs within each fiscal year's period of performance for HSGP. The cost of disposal cannot be carried over to another FEMA grant or grant period. The equipment, goods, and supplies ("the eligible equipment") purchased with funds provided under this agreement are for the purposes specified in "Florida's Domestic Security Strategy". Equipment purchased with these funds will be utilized In the event of emergencies, including, but not limited to, terrorism -related hazards. The Sub -Recipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed 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'e approved budget in advance of the purchase. The Sub -Recipient will, In accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Domestic Security Strategy," ensure that all equipment purchased with these funds Is used to respond to any and all Incidents within its regional response area as applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FDEM will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. Allowable Equipment (OPSG) OPSG equipment is intended to be Incidental to the enhanced border security operations being performed. The grant is not intended to be used to outfit or supply general equipment to SLIT law enforcement agencies. Equipment must be relatable to and justified by the operational benefit it will provide. • Equipment Marking, Because equipment purchased with OPSG funding is intended to be used to support OPSG activities, It may be appropriately marked to ensure its ready identification and primary use for that purpose, When practicable, any equipment purchased with OPSG funding should be prominently marked as follows; "Purchased with DH$ funds for Operation Stonegarden Use" • Fuel Cost andlor Mileage Reimbursement. There Is no cap for reimbursement of fuel and mileage costs In support of operational activities. • Vehicle and Equipment Acquisition, including Leasing and Rentals: Allowable purchases under OPSG include patrol vehicles and other mission -specific equipment whose primary purpose Is to Increase operational capabilities on or near a border nexus in support of approved border security operations. A detailed Justification must be submitted to the respective FEMA HQ Program Analyst prior to purchase, • Medical Emergency Countermeasures: Allowable purchases under OPSG include narcotic antagonist pharmaceuticals, detection and identification equipment, safe storage and transportation, personnel protective equipment, and Initial equipment training, as will be reflected in the AEL and explained in 18 438. 48 F. Unallowable Costs (HSGP, UASI and OPSG) • per FEMA policy, the purchase of weapons and weapons accessories, Including ammunition, Is not allowed with HSGP funds. • Grant funds may not be used for the purchase of equipment not approved by DHSIFEMA. Grant funds must comply with 0 426 and may not be used for the purchase of the following equipment: firearms; ammunition; grenade launchers; bayonets; or weaponixed aircraft, vessels, or vehicles of any kind with weapons Installed, • Unauthorized exercise -related costs Include: a Reimbursement for the maintenance or wear and tear costs of genera) use vehicles (e.g., construction vehicles), medical supplies, and emergency response apparatus (e.g., fire trucks, ambulances). o Equipment that is purchased for permanent Installation and/or use, beyond the scope of the conclusion of the exercise (e.g., electronic messaging sign). G. Regional Border Projects 1O1SG) Subrecipients are encouraged to prioritize the acquisition and development of regional projects on the borders to maximize interoperability and coordination capabilities among federal agencies and with stale, local, and tribal law enforcement partners. Suoh regional projects include: • Communications equipment: • Radio systems and repeaters • Integration with regional intelligence and information sharing effort (Le. fusion centers) o Intelligence analysts • Situational Awareness equipment; o License Plate Reader Networks o Visual detection and surveillance systems o Sensor Systems c Radar Systems (for air and/or marine incursions) o Aircraft systems (manned or unmanned) H. Critical Emergency Supplies (SHSP and UASI) Critical emergency supplies, such as shelf stable products, water, and medical equipment and supplies are an allowable expense under SHSP and UASI. Prior to the allocation of grant funds for stockpiling purposes, each state must have DHS/FEMA's approval of a five-year viable inventory management plan, which should include a distribution strategy and related sustainment costs if planned grant expenditure Is over $100,000,00. If grant expenditures exceed the minimum threshold, the five-year inventory management plan will be developed by the recipient and monitored by FEMA, FEMA will provide program oversight and technical assistance as it relates to the purchase of critical emergency supplies under UASI. FEMA will establish guidelines and requirements for the purchase of these supplies under UASI and monitor development and statue of the state's Inventory management plan. I, Construction and Renovation (SHSP and UASI) Project construction using SHSP and UASI funds may not exceed the greater of $1,000,000 or 15°!a of the grant award. For the purposes of the limitations on fording levels, communications towers are not considered construction. Written approval must be provided by DNS/FEMA prior to the use of any HSGP funds for construction or renovation. When applying for construction funds, recipients must submit evidence of approved zoning ordinances, architectural plans, and any other locally required planning permits, Additionally, recipients are required to submit a SF-424C form with budget detail citing the project costs. 49 Recipients using funds for construction projects must namely with the Davis -Bacon Act (codified as amended et 40 U.S,C, §§ 3141 et seq.), Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character like the contract work in the civil subdivision of the State in which the work is to be performed,. Additional information regarding compliance with the Davis -Bacon Act, including Department of Labor (DOL) wage determinations, is available online at j s:l wv u.dcai, vt aggicorriractsldbr . J. Communications Towers When. applying for funds to construct communication towers, subreciptents Must submit evidence that the Federal Commt nication Commission's Section 1 OS of the National Historic Preservation Act, Pub, L, No. 89-665, as amended, review process has been completed. K. Disposition When ottginsi or replacement equipment acquired under a Federal award is. no longer needed for the original project or program or for other activities. currently or previously supported by a Federal awarding agency, except as otherwise provided in Federal statutes, regulations, or Federal awarding agency disposition instructions, the Sub -Recipient must request disposition. instructions from POEM Office of Domestic Preparedness and the State Adrninistrative Agency will request deposition instructions from Federal awarding agencyas required by the terms end conditions able Federal award. The Sub -Recipient shall notify the Ft)EM Office of Domestic Preparedness at, 2555 Shurnard Oak Blvd., Tallahassee, Florida 32391 one (1) year in .advance of the expiration of the. equipment's posted shelf -fife or normal life expectancy or whenit has been expended. The.Sub-Redipient shall notify the FDEM immediately if the equipment. is destroyed, lost. or stolen. L. Requirernente.for Small Unmanned Aircraft System (S1 SP, UASI, and QPSC), All requests to purchase Small Unmanned Aircraft Systems (SUAS) with FEMA grant funding must cotnply with IS 426 and IS 438 and include a description of the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to or otherwise use>the.SUAS equipment. r1 . Acquls.ttaon and Use of Technology gd.Mttigate UAS (Co.tritarAIA ). Prior to the testing, acquisition, installation,. or use of UAS detection and/or mitigation syeterns, entities should seek the advice of counsel axperlenced with both federal and state criminal, surveillance, and communications lawn. Subreeipients should conduct their own legal and technioal analysis of each UAS detection andlor mitigation system and should not rely solely en vendors' representations of the systems' legality or functionality. For fi.irther inforinatian please see the DNS press release on this topic; rs' :ifwrraw.dhs.govinewsfZt?20/08t171interagenev- fssuea- advisory-use-teciinorggv-dategt-end-rnitioste-unmanned-aircraft. N. Fireet FlrstNetprnvtdds public:safety entities with mission -critical broadband data capabilities and services including, but not limited to messaging, Image sharing, video streaming, group text, voice, data storage, application, location -based services, and Quality of Service, .Priority, and Preemption. Public safety entities seeking to enhance their operational capabilities using. broadband technelot#y may seek grant funding from appropriate programs to support the renewing: • Planning fo•integration of information technology (IT) infrastructure, software, and site upgrades necessary to connect to FlrstNet a handheld broadband devices including smartphones, feature phones, tablets, wearables, push-totslk (PTT) Clevices s Venicie•mounted or otherwise field operated data devices, such as ruggedized laptops r Network access devices, Including portable Wi-Fi devices, Universal Serial Bus (US13) modems/dongles, trunk -mounted modems, routers 50 • Customer -Owned and Managed (COAM) broadband deployable equipment, enabling public safety to own and dispatch coverageexpansion or capacity enhancement equipment within their jurisdiction • Broadband device accessories that enable efficient and safe public safety operations such as headsets, belt dips, earpieces, remote Blueteeth sensor*, ruggedized cases • Subscriber Identification Modules (Sills)/Universal integrated Circuit Cards (UICCs) to allow public safety users to update existing devices to operate an 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 (SMM), rrtobiIa devf a managernerit (MDM), mobile Virtual Private Network (VPN), identity services, or cloud service tools Sub-Reoipients must be coordinated with the Statewide Interoperability Ccordinator(SWiC) and FirstNet on the planning, deployment timelines, and operational availability of the rietw.ork deployment withi i a specific state or territory and to ensure teat project does not conflict with network plarinina.efforte and.compiies with all technical requirements. FirstNet requires participating agencies to demonstrate a subscription to public safety -prioritized broadband services to purchase FirstNetbroadband devices or applicatioxns. FEMA 'Information Bulletin (IR) #385 has been rescinded by prior NOFQs and remains rescinded as the technical requirements and nationwide netwiork architecture has been developed, and FirstNet is operational: Subrecipients; however, Must coordinate with FirstNet in advance of any strategic acquisition of broadband LT.E:equfprnent to ensure that purchases adhere to all applicable standards for public safety entities. O. SAFBCOM Emergency communications systems and equipment must meet applicable SAFECOM .Guidance. Sub -Recipients must be coordinated.with the SWIC and the State Interoperability Goverhing Body ($IGB) to ensure interopvrability and tong -term compatibility. P.. Cyberseererity Sub -Recipients dust use HSGP funds for cybersecuriity projects'that_support the security and functioning of critical infrastructure and.core capabilities as they relate to terrorism preparedness and may sirnultarieousty support enhanced preparedness for other hazards unrelated to acts of terrorism. Q. Law. Enfor'cenient Readiness (SF4SP, UASII. and OPSG) OPSG grant fields may be used to increase operational, material, and technological readiness of SLTT tee enforcement agencies. The 1Deiagation of immigratioreAuthority, Section 287(g) of the Immigration and Nationality Act (INA) program allows. a state or focal law enforcement entity to enter into a partnership with ICE, under a joint Memorandum of Agreement (MOA),, to receive delegated authority for immigration enforcement withih their jurisdictions SHSP, UASt, or OPSG grant funds may be requested and may be apprt ved on a caee-by-mass basis for immigration €tiforctiment training In supporeof the border security mission, Requests for training -will be evaluated on a case - by -care basis and can only be used for certification irithe section 287(g) program provided by DNSItCE. S4-lSP,, UASI, or OPSG Sub -Recipients with agreements. ender erection 287(g) of the Immigration and Nationality Act (8 U.S.C. § 1357(g)) to reiceive delegated authority forimmigration • enforcement within their jurisdictions may also be reimbursed. for section 287(g) ielated operational activities with approval from FEMA on a case-by-cese basis, For OPSG, Sub -Recipients must be authorized by ISSBP Headquarters and Setters, and operational activities must be coordinated through a USBP Sector. R. Maintenance and Sustalnment (SliSP, I ASI, and OPSG) The use of D1-IS/FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement Coate, upgrades, and user fees are allowable, as described in FEMA Policy FP 205-402- 125-1 under all active and future grant awards, unless otherwise noted. Except for maintenance plans 5I or extended warranties purchased Incidental to the original purchase of the equipment, the period covered by maintenance or warranty plan must not exceed the POP of the specific grant funds used to purchase the plan or warranty. Grant funds are intended to support the Goat by funding projects that build and sustain the core capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide recipients the ability to meet this objective, the policy set forth in FEMA's IB 379, Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding, initially for FY 2007.201 •f , allows for the expansion of eligible maintenance and sustainment costs which must be In (1) direct support of existing capabilities; (2) must be an otherwlse allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the goal, and (4) shareable through the Emergency Management Assistance Compact, Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with eitherfede+ral grant or any other source of funding other than DHS/FEMA preparedness grant program dollars. S. Management and Administration (M&A) (HSGP & UASM) Management and administration (Ail&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: o To assist with the management of the respective grant program. o To assist with application requirements. o To assist with compliance reporting and data collection requirements. Management end Administration (M&A) (OPSO) Management and administration (M&A) activities are those directly relating to the management and administration of OPSG funds, such as rinancial management and monitoring. Recipients may retain up to 2,5% of the overall OPSG allocation prior to passing -through funding to Sub -Recipients. This funding must be deducted In an equal percentage from each Sub -Recipient. Sub -Recipients and friendly forces may retain funding for M&A purposes; however, the total amount retained cannot exceed 5 percent of the Sub -Recipient's subaward. Friendly forces are local law enforcement entities that are subordinate Sub -Recipients under OPSG. to other words, friendly forces are entitles that receive a subaward from a Sub -Recipient under the OPSG program. Friendly forces must comply with all requirements of Sub -Recipients under 2 C.F.R. Part 200, T. Procurement All procurement transactions will be conducted In a manner providing full and open competition and shall comply with the standards articulated In: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Subrecipient's local procurement policy. Tote extent That one standard is more stringent than another, the Sub -Recipient must follow the more stringent standard. For example, if a State statute imposes a stricter requirement than a Federal regulation, then the Sub-Fteolplent must adhere to the requirements of the State statute, 52 The Division shall pre -approve all scopes of work for projects funded under this agreement. Additionally, the Sub -Recipient shall not execute a piggy -back contract unless their local written policy allows for piggybacking, and the Division has approved the Scope of Work contained fn the original contract that forms the basis for the piggy -back contract. Also, in order to receive reimbursement from the Division, the Sub -Recipient must provide the Division with a suspension and debarment form for each vendor that performed work under the agreement, Furthermore, if requested by the Division, the Sub -Recipient shall provide copies of solicitation documents including responses and justification of vendor selection. Contracts may include: State Term Contract: A State Term Contract is a contraot 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 an a state term contract from that vendor. Use of state term contracts is mandatory for Florida agencies In accordance with section 287,066, Florida Statutes. Alternate Contract Source; An Alternate Contract Source is a contract let by a federal, state, or local government that has bean 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 267.042(1$), Florida Statutes, es implemented by Rule 60A-1.045, Florida Administrative Code. General Services Administration Schedules: The General Services Administration (GSA) is an independent agency of the United States Government. States, tribes, and local governments, and any instrumentality thereof (such as fecal education agencies or institutions of higher education) may participate in the GSA Cooperative Purchasing Program. ). Refer to the appropriate GSA Schedule for additional requirements. U. Piggybacking The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The Subrecipient's written procurement policy must be submitted to the SAA and must atlow for piggybacking. The existing contract must 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, must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in scope or volume of goods or services. An agency may not use the preexisting contract merely as a "basis to begin negotiations" for a broader or materially different contract, Section 215.971, Florida Statutes Statutory changes enacted by the Legislature impose additional requirements on grant and Sub - Recipient agreements funded with Federal or State financial assistance. in pertinent part, Section 215.971(1) states: An agency agreement that provides state financial assistance to a Recipient or Sub -Recipient, as those terms are defined in s. 216.97, or that provides federal financial assistance to a Sub - Recipient, as defined'by applicable United States Office of Management and Budget circulars, must include all of the following; • A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient or Sub-Reclplent is required to perform. 53 • A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency 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. • A provision specifying the financial consequences that apply if the Recipient or Sub -Recipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub - Recipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated, • A provision specifying that a Recipient or Sub -Recipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. • A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. • A provision specifying that any funds paid In excess of the amount to which the Recipient or Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. • Any additional information required pursuant to s. 215.97. V. Unique Entity identifier and System for Award Man@gement (SAM) Sub4Recipients for this award must: • Be registered in SAM; • Provide a valid DUNS number; and • Continue to maintain an active SAM registration with current Information at ell times during which it has an active federal award. Vit. 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. • tf a report(s) is delinquent, future financial reimbursements will be withheld until the Sub -Recipient's reporting is current. ▪ If a report goes three (3) consecutive quarters from date of execution without the Sub -Recipient reflecting any activity and/or expenditures it will result in the issuance of a noncompliance letter, and a written Justification must then be provided. o Sased on the SAA's determination, the Sub -recipient will have 30 days to submit a letter of appeal to the SAA/HSA. o Subreciplenta will only be allowed one opportunity to appeal. a If the appeal is denied, or if there is no response to the notification of noncompliance, the Sub -recipient's funds will be terminated. ■ If a report goes four (4) consecutive quarters from data of execution without the Sub - Recipient reflecting any activity and/or expenditures it will result in termination of the agreement. 54 Programmatic Reporting Schedule Re, ortie Period 7 Re ort due to FDEM no later than Jenuar i throe h March 31 April 30 A ril t through June 30 July 31 July 1 throe h Se tember 30 October 31 October 1 through December 31 _ January 31 2. Programmatic•ReportIng-Biannual Strategic Implementation Report(BStR). After the end of each reporting period, for the life of the 'contract unless directed otherwise, the SAA, will complete the Biannual Strategic Implementatioh Report in the Grants Reporting Tool (CRT) fetes://wwwxgortin eodp.lhs.gev. The. reporting periods are January 1-June 30and July 1-December 31.. Deta entry.is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. 3. Reimbursement Requests: A request for reimbui semment.may be Bent to your.grant manager for review and .appreval.at any tine during the'contract period. Relrnbersements must be requested.Within ninety (90) calendar days of expenditure of funds, and quarterly at a minimum Failure to submit requestfor reimb.ursementwithin ninety (90)'calendar days of expenditure shall result In denial of reimbursement. The Sub-Recipient.shouid Include the category's corresponding line item number In the "Detail of. ashes!' form. This number can be found in the "Proposed Program B.udget". A line item number is.to be included for every dollar amount fisted 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) calenndar days after the agreement is either completed or the agreement has expired. 5, Adminlstrative tiloseout An administretive.closeout May be conducted when a recipient le not responsive to the Division`s reasonable efforts ta colieet required reports, forms, or ether documentation needed to complete the standard award and/or closeout process. FDEM will make three written attempts to collect required information before initiating an administrative closeout,. If an award is actmiristretive(j closed, FDEM may .decide to impose 'remedies for noncompUance per2G.F.R. § 200,338, consider this information in reviewing future award applications, or apply .speciet conditionsto existing orfuture. awards. X. Period of Performance (POP) Extensions Extensions to the period of performance identified in the. agreement are allowable under limited circumstances and will only.be considered throegh formal, written requests tothe SAA. A I exteheion requests must contain specific and compelling justifications as to why an extension is required, and must addres® the following: 1. The grant program, fiscal year, anct agreement number; 2. Reason for the delay —Including details of the legal, policy,. or operational challenges that prevent the final expenditure of awarded fends by the deadline; 3. Current status of project activity; 4. Requested POP termihetlon date and neve projecct'corepletion date; 5. Amount of funds reimbursed to dater 55 6. Remaining available funds; 7. Budget outlining how the remaining funds will be expended; 8. Plan for completion, Including milestones end tfineframes for achieving each milestone and the position or person responsible for implementing the plan for completion; and 9. Certification that the activity(ies) will be completed within the extended POP without any modification to the original statement of work, as described in the Investment Justification and as approved by FEMA. Extension requests are typically granted for no more than a six-month period, and will be granted only due to compelling legal, policy, or operational challenges. Extension requests will only be considered for the following reasons; • Contractual commitments by the recipient or subreciptent with vendors prevent completion of the project within the existing POP; • The project must undergo a complex environmental review that cannot be completed within the existing POP; • Projects are Tong -term by design, and therefore acceleration would compromise core programmatic goals; or • Where other special or extenuating circumstances exist. Y. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Chanda Jenkins FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4342 Chanda,Jenkins©em.myflorlda.com Amy Garmon FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4368 Amy,Garmort em.myflorida.com Z. Contractual Responsibilities • The FDEM shalt determine eligibility of projects and approve changes in Scope of Work. • The MEM shall administer the financial processes. AA. Failure to Comply • Failure to comply with any of the provisions outlined above shall result in disallowance of reimbursement for expenditures. 56 ATTACHMENT C DELIVERABLES AND PERFORMANCE State Homeland Security Program (HSGP): tiSGP supports the implementation of risk driven,. capabilities -based State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat erid Hazard identification and Risk Assessments (THIRAs). The oepaty levels are assessed in the State Preparedness Report (SPR) and inform planning, organizatien, equipment, training, and exercise needs to .prevent, :protect against, mitigsite, respond to, and recover from acts of terrorism and other catastrophic events.. Planning Deliverable: Subject to the funding limitetiond of this Agreement, the Division shall reimburse the Sub-Reciplent for the actual cost of successfully completing Planning activities consistent with the guidelines contained in the Comprehensive Planning Guide GP G 101 v,2. For additional information, please see lejezi/were,fema.crov/pdftabodt/divisionain eC29 'lel ell.pclf or grent guidance (Notice of FundingOpporturtity). For the purposes Of this Agreement,. any planning activity such as those associated With the Threat and Hazard identification andRisk. Analysis (THIRA), State Preparedness Report (SPR), and other planning activities that support the National Preparedness...Goal .(NPO) and place an emphasis on qpdating And maintaining a current EmetenCy Operations Plan (EOP) are eligible. The Sub -Recipient can successfully 'complete a planning activity by creating or updating suoh ptan(s). Organization Deliverable:. Subject to the funding limitations ofthis Agreement, the Division shall reimburse the Sub -Recipient for the actual eligible costs for Personnel, Intelligence Analysts, Overtime and Operational Overtiree Exercise Deliverable: Subject to the funding ilmitatione.of this Agreement, the Division shall reimburse the Sob -Recipient for the egtuat cost of successfully completing an exereiseWhich meets the Department of Homeland Security Homeland Security Exertise andEvaluatiort Program (HSEEP) standards and is fisted in Althe State of Florida Multi -Year Training & Exercise Plan (MYTEP), and B) County or Regional TEP for the region inwhich the Sub-ReciPient is geographically located. Information related to TEPs and liSEEP compliance Cante found online at: httos;//www.ille.dris.goVihadee. for the purposes of this Agreement, any exercisa. which. is compliant with HSEEP standards and contained in the State of Florida MYTEP qualifies as an authorized texercise. The Seb-.Recipient can succeetfutly completeen authorized exerciseeither by attending or conductirig that Training Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub:Recipient for the actual test of Successfully completing a training course Iisted on the Department of Homeland Security (DHS)approved course .cataleg. For non-DHS approved courses the Sub-Reciplent shall obtaln advance FDEM approval tieing the Non-TED tem by contacting their grant manager. The DHS course catalog is.availeble online at: jettpleraining.lemeavt Forth° purposes ef this Agreement,. any training course listed on the DHS approved course catalog quelifies as an authorized course. The Sub -Recipient can successfullycomplete an authorized course either by attending or conducting thateouree. Equipment Deliverable: Subject to the funding limitations qf this Agreement, the Division tihall reimburse the Sub -Recipient for the =twit cost of purchasing an item identifieciin the approved project funding template and budget of this agreement and listed on the DHS Authorized Equipment List (AEL), For the purposes of this Agreement; any item listed on the AEL qualifiessas 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 Lesso.ne Learned information System at htt6tifbei_le.fertjegeiggefeequiPneent-list. in addition, agencies will be responsiblefor obtaining and. maintaining all necessary certifiCations and licensee for the requested equipment_ 57 Management Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient for the actual cost for Management and Administration (M&A) activities. Costs for allowable items will 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. 58 ATTACHMr~NT f] Program Statutes and Regulations 1) Age Discrimination Act of 1975 42 U.S,C. § 6101 et seq. 2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) Chapter 252, Florida Statutes 6) Title V1 of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq. 7) Title VI II of the Civil Rights Acts of 1988 42 U,S,C, § 3601 et seq. 8) Copyright notice 17 U.S.C. §§ 401 or 402 9) Assurances, Administrative Requirements, Cost Principles, Representations and Certifications 2 C.F.R. Part 200 10) Debarment and Suspension Executive Orders 12549 and 12689 11) Drug Free Workplace Act of 1988 41 U,S.C, § 701 at seq. 12) Dupiicatian of Benefits 2 C.F.R. Part200, Subpart E 13) Energy Policy and Conservation Act 42 U.S,C, § 6201 14) False Claims Act and Program Fraud Civil Remedies 31 U.S,C. § 3729.3733 also 31 U,S,C. § 3801.3B12 15) Fly America Act of 1974 48 U.S.C. § 41142 also 49 U.S.C. § 40118 16) Hotel and Motel Fire Safety Mt of 199015 U.S,C. § 2225a 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 section 6002 of Solid Waste Disposer Act 20) Terrorist Financing Executive Order 13224 21) Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. § 1681 et seq. 22) Trafficking Victims Protection Act of 200022 U.S.G. § 7104 23) Rehabilitation Act of 1973 Section 504, 29 U,S.C, § 794 24) USA Patriot Act of 2001 18 t1,S,C, § 175-172c 25) Whistleblower Protection Act 10 U,S,C. § 2409, 41 US,C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310 26) 53 Federal Register 8034 27) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: if you am requesting an advance, Indicate saute by checking the box below. 1 ] ADVANCE 'REQUESTED Advance payment of $ is requested. Balance of payments will bo made on areimbursementbasis. These ii�nd3 are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORYILINE ITEMS (list applicable line items) Fiscal Year 2021 Anticipated Expenditures for First Three Months of Contract For janipio ADMINISTRATIVE CASTS: For example PROGRAM EXPENSES: TOTAL EXPENSES: LINE ITEM +JUSTIF ATJJON (For each fine item, provide a detailed justification explaining the need for the cash advance. The Justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include, but is not limited to the following: quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended wtthln the first ninety (9D) days of the contract term shall be returned to the Division Cashier, 2656 9humard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any Interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ONA CASE BY CASE BASIS* Signature of Sub -Recipient Date: Name and Title of Sub -Recipient 60 ATTACHMENT F WARRANTIES AND REPRESENTATIONS Financial Manaiement The Sub -Recipient's financial management system must comply with 2 C,F.R. §200,302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R, §200, Part D--Post Federal Award Requirements --Procurement Standards (2 C.F.R. §§200,318 through 200.327). ,Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, frorn; Monday to Friday 4;00am t4 S;OOprn excluding holidays licensing and Permitting AIL subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for the particular work for which they are hired by the Sub -Recipient, 61, ATTACHMENT G CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Subcontractor Covered Transaction The prospective subcontractor, , of the Sub -Recipient certifies, by submission of this document, that neither it, its principals, nor its affiliates are presently debarred, suspended, proposers far debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this transaction by any Federal department or agency, SUB -CONTRACTOR: By: Signature Sub -Recipient's Name Name and Title POEM Contract Number Street Address DNS Grant Award Number City, State, Zip Date 62 ATTACHMENT STATEMENT OF ASSURANCES Ali of the Instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are Incorporated here by reference In the terms and conditions of your award. All Sub -Recipients must comply with any such requirements set forth In the program NOFO. All Sub-Recipiente who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Ali Sub -Recipients must acknowledge their use of fedora! funding when Issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or In part with Federal funds. Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a Sub -Recipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. Sub -Recipients are required to comply with the requirements set forth in the government -wide Award Term regarding the System for Award Management and Universal identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which incorporated here by reference in the terms and conditions of your award. All Sub -Recipients must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub -Recipient must cooperate with any compliance review or compliant investigation conducted by the State Administrative Agency or DNS. 2, Sub -Recipient will give the State Administrative Agency, DHS or through any authorized representative, access to and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. Sub -Recipient must submit timely, complete, and accurate reports to the FDEM and maintain appropriate backup documentation to support the reports, Sub -Recipients must also comply with all other special reporting, data collection and evaluation requirements, as prescribed by law or detailed 1n program guidance. 4. Sub -Recipient will acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 5. Sub -Recipient who receives awards made under programs that provide emergency communications equipment and its related activities must comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperabla communications, 6. When original or replacement equipment acquired under this award by the Sub -Recipient is no longer needed for the original project or program or for other activities currently or previously 63 supported by DHS/FEMA, you must request instructions from FDEM to make proper disposition of tho equipment pursuant to 2 C.F.R. Section 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 ail federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with ail federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may Jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in That area and notify the pass through entity, if applicable, and DHS/FEMA. 8. Sub -Recipient will comply with the applicable provisions of the following laws and policies prohibiting discrimination, a. Title VI of the Civil Rights Act of 1984, as amended, whloh prohibits discrimination based on race, color, or national origin (Including limited English proficiency). b. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination based on disability, c. Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex in education programs or activities, d. Age Discrimination Act of 1975, which prohibits discrimination based on age. e. U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion in social service programs. ATTACHMENT I MANDATORY CONTRACT PROVISIONS Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix i1 to 2 C.F,R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R, Part 200 that may be required: f Appendix it to Part 200--Contract Provisions for felon -Federal Entity Contracts Under Federal Awards in addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which Is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.8.C.1908, must address administrative, contractual, or legal remedies In instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate, (B) Ail contracts in excess of $10,000 must address termination for cause and for convenience by thenon-Federal entity including the manner by which it will be affected and the basis for settlement, (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" In 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1 ,4(b), In accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,12935, 3 CFR Part, 1964.1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.B.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.G. 3141-3144, and 3148,3148) as supplemented by Department of Labor regulations (2.9 CFR Part 6, 'Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). hi accordance wifh the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. !n addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation, The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non'.Federal entity must report ail suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole ar in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub -recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected ar reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S,C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity In excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §g 3702 and 3704, as 9 For example, the Davis -Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub - recipient may include the provision in its subcontracts. 65 supplemented by Department of Labor regulations (29 CFR Part 5), Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours, Work in excess of the standard work weak is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked In excess of 40 hours in the work weak. The requirements of 40 U.S.C. § 3704 are applicable to construction worts and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to fhe 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 § 441.2 (a) and the recipient or Sub -recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that 'funding agreement,' the recipient or Sub -recipient must 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," ape any Implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended --Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, 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.G. §§ 1251-1387). Violations must 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) must not be made to parties listed on the governrnsntwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the CMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System In SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti -Lobbying Amendment (31 U,S,C, § 1352)—Contractors that apply or bid for an award of $100,000 or more must fife the required certification. Each tier certifies to the tier above that it wilt not and has not used Federal appropriated funds to pay any person or organization for Influencing or attempting to Influence en officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must 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. (.1) See § 200,323 Procurement of recovered materials. (K) See §200,216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See §200,322 Domestic preferences for procurements (Appendix 11to Part 200, Revised . ff, 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. sr 200.327 and 2 C.F.R. Part 200, Appendix 11. 66 ATTACHMENT FINANCIAL AND PROGRAM MONITORING GUIDELINES Florida has enhanced state and {mei Capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds, The Florida Division of Emergency Management (FDEM) has a responsibility totrack and monitor the status of grant activity and items purchased to ensure compliance with applicable Homeland Security Grant Program (HSGP) grant guidance and statutory regulations. The monitoring process is designed to assess a Sub -Recipient agency's compliance with applicable state and federal guidelines. Monitoring is accomplished utilizing various methods Including desk monitoring and on -site visits. There are two primal)/ areas reviewed during monitoring activities - financial and programmatic monitoring. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements. It Involves the review of records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring seeks to validate and assist In the grant progress, targeting Issues that may be hindering project goals and ensuring compliance with the purpose of the grant and overall grant program. Programmatic monitoring involves the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during the monitoring process. MonitorinetSelection and Scheduiinee Each year the FDEM will 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. it is Important to note that although a given grant may be closed, it Is still subjet t to either desk or on -site monitoring for five (5) year period following closure. iereas that;wili begxaminod inciu4e: • Management and administrative procedures; • Grant folder maintenance; • Equipment accountability and sub -hand receipt procedures; • Program for obsolescence; • Status of equipment purchases; • status of training for purchased equipment; • Status and number of response trainings conducted to include number trained; • Status and number of exercises; • Status of planning activity; • Anticipated projected completion; • Difficulties encountered In cornpieting projects; • Agency NIMS/ICS compliance documentation; • Equal Employment Opportunity (EEO Status); • Procurement Policy FDEM may request additional monitoring/infonnatlon of the activity, or lack thereof, generates questions from the region, the sponsoring agency or FDEM leadership. The method of gathering this information will be determined on a case -by -case basis. Monttering Activities; Desk reviews and site visits are two forms of monitoring. Desk monitoring is the review of projects, financial activity and technical assistance between FDEM and the applicant via e-mail and telephone. On -site monitoring are actual visits to the Sub -Recipient agencies by Division representatives who examines records, procedures and equipment. 67 Desk monitoring is an on -going process. Sub -Recipients will be required to participate In desk top monitoring as determined by FDEM. This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site vleit if FDEM determines that a Sub -Recipient 1s leaving difficulty completing their project. As difflcuities/deficiencles are identified, the respective region or sponsoring agency will be notified by the program office via email. Information will 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 he resolved at the regional or eponsoring agency level, issues that require further TA will be referred to FDEM for assistance. Examples of TA Inolude but are not limited to: • Equipment selection or available vendors • Eligibility of items or services • Coordlnetlon and partnership with other agencies within or outside the region or discipline • Record Keeping • Reporting Requirements • Documentation In support of a Request for Reimbursement On -site monitoring will be conducted by FDEM or designated personnel. On -site monitoring visits will be scheduled In advance with the Sub -Recipient agency POC designated in the grant agreement. FDEM will 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. Cn-Slte Monitorino Protocol On -site monitoring visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY), Site visits may be combined when geographically convenient. There is a financial/ programmatic On -site monitoring checklist to assist in the completion of all required tasks. Silo Visit Preparation A letter will be sent to the Sub -Recipient agency Point of Contact (POC) outlining the date, time and purpose of the site visit before the planned arrival date. The appointment ehould be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder, The physical location of eny equipment located at an alternate site should be confirmed with a representative from that looatlon and the address should be documented in the grantee folder before the site visit. QueSite34onjeoring Visit Oece FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and The Items FDEM intends to examine will be Identified. Ail objectives of the site visit will be explained during this time. FDEM personnel wtll review all flies and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each Item selected for review should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal (information/serial number) placed In a prominent location on each piece of equipment as per Sub-Reciplent agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capital expenditures in excess of $1,000. per Item). 68 If an item is not available (being used during time of the site visit), t 0 appropriate documentation must be provided to account far that particular piece of equipment. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment+roucherfreimbursement, equipment, questions, etc. Post Mort erina Visit; FDEM personnel will review the On -alto mattering worksheets and backup documentation as a team and discuss the events of the On -site monitoring. Within Forty -Five (45) calendar days of the site visit, a post monitoring letter will be generated and sant to the grantee explaining any issues and corrective actions required or commendations. Should issues or findings be identified, a noncompliance letter to that effect will be generated and sent to the Sub -Recipient. The Sub -Recipient will submit a Corrective Action Pian within a timeframe as determined by FIDEM. Noncompliance on behalf of sub -grantees Is resolved by management under the terms of the Sub -Grant Agreement. The On -site monitoring report and all back up documentation will then he included in the Sub - Recipient's file. Mon oeizei es em tel lltties of Pass-thmu Entitles Subrecipients who are pass -through entitles are responsible for monitoring their subreoipieets in e, -mannar-consistent with the terms of the federal award-at2 C.F.R. Part 200, including 2 C.F.R. § 200,331. This includesthe pass -through entity's responsibility to monitor the activities of the subracipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. Subrecipient responsibilities also include but are not limited to: accounting of receipts and expenditures, cash management, maintaining adequate financial records, reporting and refunding expenditures disallowed by audits, monitoring if acting as a pass -through entity, other assessments and reviews, and ensuring overall compliance with the terms end conditions of the ward or subaward, as applicable, including the terms of 2 C.F.R. Part 200. 69 ti ATTACHMENT K EHP GUIDELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (i^HPj 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 faoiiltlea o Equipment buildings (such .as these 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 buitdings.and structures that are 60 years old or older • Any ptheroonstruction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security • Physical' Security Enhancements,:€nctuding but not limited to: o Lighting a 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, subjedt to al( appiicable.lavds, regulations, and licensing provisions. Communication tower projects must be ubm tted to FEMA for EHP review. EHP SCREENING FORivI SUBMISSION J, Fbr projects requiring EHP .review, the Sub -Recipient must submit the EHP Screening Form to the Stele Administrative Agency (SAA) for review prior to funds being expended, The SAA.Point of Contact for EHP review is: Ms, Felicia f'inriock Bureau o'f Preparodness--Dortiestic Seot,arjtX 2555 humard Oak Boulevard Taltahgssee Florida 4_389-21:00 Leleohone: 850-8'15-4343 Felicia.Pirinock@erri.myflorida.com II. The SAA POC will forward EJ-tP.Screening Forms to DHS/FEMA for review and approval. III. Sub-Receiplent's must receive written approval from the SAA prior to the use of grant funds for project implementation. THE PROJECT MAY NOT BEGIN UNTIL FINAL FiEMA APPROVAL. IS RECEIVED, 70 ATTACHMENT L REIMBURSEMENT CHECKLIST PLANNING 1. Does the amount billed by consultant add up correctly? El 2, Has all appropriate documentation to denote hours worked been properly signed? 3. Have copies of all planning materials and work product (e.g, meeting documents, copies of plane) been included? (Note - if a meeting was held by Sub -Recipient or contractor/consultant of Sub - Recipient, an agenda and signup sheet with meeting date 4. Has the invoice from oonsuitantfcontractor been Included? (Note — grant agreement must be referenced on the Invoice.) D 5. . Has proof of payment been Included? Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation • Credit Card Statement & payment to credit card company for that statement 6. Has Attachment G (found within Agreement with FDEM) been completed for this contractor/consultant and included In the reimbursement package? D 7. Has proof of purchase methodology been Included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment it further clarify is needed. Sole Source (approved by FDEM for purchases exceeding 825,000) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewlrs, bld tabulation page) Consultants/Contractors (N2te: this applies to contractors also billed under Organlzatlgnn TRAINING 1. Is the course DHS approved? ED 2. Is there a course or catalog number? ED 3. if not, has FDEM approved the non-DHS training? 4. Have Sign -in Sheets, Rosters and Agenda been provided? 5. If billing for overtime and/or backfill, has documentation been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? Have documentation from entity's financial system been provided es proof attendees were paid? For backfl", has a clear deilneatlon/cross reference been provided showing who was backfltling who? 6. Have the names on the sign -In sheets been cross-referenced with the names of the Individuals for whom training reimbursement costs are being sought? © 7. Have any expenditures occurred in support of the training such as printing costs, costs related to administering the training, planning, scheduling, facilities, materiels and supplies, reproduction of materials, and equipment? If so, receipts and proof of payment must be submitted. 71 Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement Ej 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment fr tlIriher clarity is needed. Sole Source (approved by t=DEM for purchases exceeding $25,000) State Contract (page showing contract #, price Ilst) Compet(tivo bid results (e.g. Quotewire, bid tabulation page) eRC1_SE El 1. Has documentation been provided on the purpose/objectives of the exercise? Situation Manuel Exercise Plan 2. If exercise has been conducted are the following included: Altar -action report Stgteln sheets Agenda Rosters 0 3, if billing for overtime and backfiit, has a spreadsheet been provided that fists attendee names, department, # of hours spent of exercise, hourly rate and total paid to eaoh attendee? _Y Have documentation from entity's financial system been provided to prove attendees were paid? For bsckftll, has a clear dellneatianicross reference been provided showing who was backfllling who? El 4. Have the names on the sign -in sheets been crone -referenced with the names of the individuals for whom exercise reimbursement costs are being sought? 5, Have any expenditures occurred on auppties {e.g., copying paper, gloves, tape, etc) in support of the exercise? If so, receipts and proof of payment must be included. _ Canceled check, bank statement or transaction history {Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement d 6, Ha any expenditures occurred' on rental of spaceilocations for exercises planning and conduct, exercise signs, badges, etc,? If so, recelpts and proof of payment must be Included. Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement 7, Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed, Sole Source (approved by EOM for purchases exceeding A$25,000) State Contract (page showing contract #, price Ilst) Competitive laid results (e,g, Quotewire, bid tabulation page) ?UIPLWWnir 1. Have all invoices been included? 72 2. Has an AEL # been identified for each purchase? 3. If service/warranty expenses are listed, are they only for the performance period of the grant? D 4. Has proof of payment been Included? Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement 6. If EHP form needed, has a copy of the approval DHS been Included? 0 6. Has proof of purchase methodology been Included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) TRAVEL/CONFERENCES 1. Have all receipts been fumed In, Itemized and do the dates on the receipts match travel dates? Airplane receipts Proof of mileage (Google or Yahoo map printout or mileage log) Toll and/or Parking receipts Hotel receipts (Is there a zero balance?) Car rental receipts Registration fee receipts Note: Make sure that meals paid for by conference are not included in per diem amount ED 2. If travel is a conference has the conference agenda been Included? ED 3. Has proof of payment to traveler been Included? Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank Electronic Funds Transfer (EFT) Confirmation Credit Caryl Statement & payment to credit card company for that statement Copy of paycheck if reimbursed through payroll SALARY POSTrJQN4 1. Has a pinned timeaheet by employee and supervisor been included? Timesheet must certify the hours and information presented as true and correct. 2. Has proof far time worked by the employee been included? Is time period summary included? Statement of Earnings Copy of Payroll Check Payroll Register For fusion center analysts, have the certification documents been provided to the SAA to demonstrate compliance with training and experience standards? ORGANIZATION 1. If billing for overtime and backflil, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? 73 For backfill, has a clear delineation/cross reference been provided showing who was backfllling who? FOR ALL, RelMBURSEMENTS • THE FlNA6 CHECK ❑ 1. Have all relevant forms been completed and included with each request for reimbursement (Including Daily Activity Reports for OPSG)? 2. Have the costs Incurred been charged to the appropriate FOETE category? 3. Does the total on all Forms submitted match? El 4, Has Reimbursement Form been signed by the Grant Manager and Financial Officer? ❑ 5. Has the reimbursement package been entered Into Sub -Recipients records/spreadsheet? 0 6. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? ❑ 7. It this purchase was made via Sole Source, have you Included the approved Sole Source documentation and Justification? 8. Do all of your vendors have a current W-9 (Taxpayer Identification) on tile? Q 9. Has the Attachment G (found within Agreement with FDEM) or proof of SAM.gov registration been provided for the contractors/consultants with the reimbursement package. Please note: FDENI reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. 74 FY 2021 Budget -Miami -Ft, Lauderdale UASI Exhibit #2 Jurisdiction Regional Project Procurement Category Sub -Category olsclpline tine Item 9 v. oetal*ed hem Description AEL a qty Unit Cost Final Dodger Allocatkm BEMA PlanningPersonnel Emergency Management 2021-06A Emergency Management1 Planner $115,325.00 $115,325.00 BEMA Equipment Equipment Emergency Management 2021-13A Light Towers for Night Field Operations 030E-03-4TPA 20 $11,000.00 $249,000.00 B50 Planning Training Emergency Management 2021-06B B5O PTE - CEMP/COOP/COG - National Homeland Security Conference 1 $14,000.00 $14,000.00 850 Equipment Equipment Fire Rescue 2021-05A BMS Microwave Downlink System for Aircraft 06CP-03-MWAV 1 $226,000.00 $226,000.00 BSO Equipment Equipment All Disciplines 2021-058 Y Bomb Suit 02PE-01-BSUT 2 $12,500.00 $25,000.00 650 Equipment E ui Equipment q p Fire Rescue 2021-OSC Microwave Downlink System for SUAS 06CP-03-MWAV 5 $13,000.00 $65,000.00 B5O Equipment Equipment Law Enforcement 2021-05D 3 EOD Night Vision Goggles 030E-02-TILA 1 $34,325.00 $34,325.00 Coral Gables Equipment Training Fire Rescue 2021-12A CBRNE Response Small Fireboat and applicable NASBLA Fire Boat training, NFPA 1405, 1005, NIMS 508, 509 17WC-00-BOAT, 21GN-00-TRNG 1 $173,755.00 $173,755.00 Coral Springs Equipment Equipment Law Enforcement 2021-01A Y Real Time Crime Center Facial Recognition Software 131T-00-FACE 1 $99,293.00 $0.00 Coral Springs Equipment Equipment Law Enforcement 2021-04A y License Plate Reader System ([PR} (fixed to existing poles) 030E-01-ALPR, 27GN-00-INST, 21GN-00-SHIP 6 $30,000.00 $180,000.00 Coral Springs Equipment Equipment Law Enforcement 2021-02A Y Portable Bollards for Special Events and Polling Locations 145W-01-WALL 7 $7,143.00 $50,001.00 PoocuremeatCat►tary ,.. Sab'Cs egwy pMn umt Item tte4Nad Item Desafpt on AEL N 4N ' Oak Cost :InN kilitef AaoCad0a Fort Lauderdale Equipment Equipment Emergency Management 2021-07A Ft. LauderdaleEOC- Enhancement 21GN-00-OCEQ, 06CP-05-VCON, 06CP-01-PORT, 04MD-03-DISP, 04HW-01-HHCD 05PM-00-PTCH, 06CC-03-SATP, 06CC-03-SATB, 06CC-04-SADS, 06CC-01-CELL, 14SW-01-PACS, 14C1.00-COOP, 21GN-00-INST, 04HW-01-CABI 1 $79,4S0.00 $79,450.00 Fort Lauderdale Equipment Training All Disciplines 2021-O8A Ft. Lauderdale CERT (Equip $7,300 and Training $7,300) 21GN-00-CCEQ 1 $14,600.00 $14,600.00 Fort Lauderdale Equipment Equipment Law Enforcement 2021-13B Ballistic Helmets 01LE-01-HLMT 4 $1,835.00 $7,340.00 Fort Lauderdale Equipment Equipment Law Enforcement 2021-0SE Twin Port Gas Masks for Bomb Squad 01AR-02-APR 10 $691.00 $6,910.00 fort Lauderdale Equipment Equipment Fire Rescue 2021-12B TRT Enhancements to include supplied (10) air respirators and a throwable camera 01AR-01-SAR, 030E-01-CTAC, 21GN-00-SHIP 1 $35,512.00 $35,512.00 Fort Lauderdale Equipment Equipment Emergency Management 2021-15A Repeater for CERT 06CP-01-REPT 1 $20,000.00 $20,000.00 Fort Lauderdale Equipment Equipment All Disciplines 2021-018 IT Contingency Operations System (Redundancy IT System to include servers, application licenses and network peripherals) 14CI-01-COOP 1 $42,000.00 $42,000.00 Fort Lauderdale Equipment Equipment Law Enforcement 2021-03A Y RTCC Enhancement to include 3 Video displays 04MD-01-DISP, 21GN-00-INST 1 $29,930.00 $29,930.00 Fort Lauderdale Equipment Equipment Law Enforcement 2021-13C Night Vision Goggles for SWAT 030E-02-TILA 6 $12,400.00 $74,400.00 2 Jurisdiction Regional Pro)ect Procurement Category Sub -Category Discipline Une Item* Detailed Description td ItMP AEL 4tY link Cori Final nudist Allocation Fort Lauderdale Equipment Equipment Law Enforcement 2021-02B Y CCTV system installed at EOC and RTCC 14SW-01-VIOA, 21GN-00-INST 2 $14,100.00 $28,200.00 Fort Lauderdale Equipment Equipment Fire Rescue 2021-15B Hazmat Enhancement to include 1 deployable tactical comms kit and 1 throwable camera 06CC-02-DSAD, 030E-01-CTAC 1 $16,174.00 $16,174.00 Hialeah Equipment Equipment Law Enforcement 2021-02C Y 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 35 $16,072.00 $562,520.00 Hialeah Training Planning All Disciplines 2021-06C PT&E: HazMat courses, Homeland Security Conference and updating local COOP Plan 1 $135,614.00 $135,614.00 Hialeah Planning Personnel Law Enforcement 2021-048 Y LPR Analyst Sustainment 1 $62,549.00 $62,549.00 Hialeah Planning Personnel Emergency Management 2021-06D Emergency ManagementPlanner g V 1 $300,000.00 $100,000.00 Hialeah Equipment Equipment Law Enforcement 2021-04C Y License Plate Reader System (LPR) Fixed on poles 13LE-00-SURV 04AP-02-AVLS 030E-01-ALPR 18 $Z2,636.00 $407,448.00 Hollywood Exercise Planning All Disciplines 2021-01C Y Cybersecurity Exercise and Plan Development 1 $273,497.00 $273,497.00 Hollywood Equipment E ui Equipment q p Emergency Management 2021 07B EOC Enhancements to include computer 04HW-01-INk{W 1 $60,000.00 $60,000.00 Key Biscayne Equipment Equipment Fire Rescue 2021-130 Ballistic Vest and Helmets for Fire 011E-01-SHED 01LE-01HLMT 1 $23,200.00 $23,200.00 M&A Management and Administratio n All Disciplines 2021-17 M&A M&A 1 5560,500.00 $560,500.00 Miami Equipment Equipment All Disciplines 2021-09A Maintenance/Sustainment/ Repair/Replacement for HSGP Purchased Equipment. EM $138,000, Fire $5,000 21GN-0O-MAIN 1 $143,000.00 $143,000.00 3 Jurisdiction Regional Project Procurement CateCC 1u Sub-Cstsgory dxiplIne tine Item M 9 Petalled Item Description AEL it Unit Unit Cost final Budget Allocation Miami Equipment Equipment Emergency Management 2021-07C EOC Enhancements/Maintenance/ Sustainment 21GN-00-OCEQ 14CI-00-COOP 075E-03-ENVS 06CC-0S-PRTY 06CC-02-DSAD 21GN-00-INST, 04MD-03-DISP, 04H W-01-INH W 1 5210,000.00 $210,000.00 Miami Equipment Equipment All Disciplines 2021-16A 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. 14C1-01-COOP 1 520,000.00 $20,000.00 Miami Equipment Equipment All Disciplines 2021-15C 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 O6CC-03-SAI B 1 $30,000.00 $30,000.00 Miami Planning Training All Disciplines 2021-06E 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 and any other specialized courses needed due to staff attrition. Fire 554,894, FM $171,258 1 5226,152.00 $226,152.00 Miami Equipment Equipment Fire Rescue 2021.15D Deployable Repeaters 06CP-01-REPT 6 $21,714.00 $130,284.00 Miami Planning Equipment E ui ment AllDisci fines P 2021-088 CERT/Miami - Training and equipment 1 5170,000.00 $170,000.00 4 Jurisdiction Reg onaJ Proj.Ct Procurement Category Sub -Category Discipline tine Item Ito Detailed Item Description AEL a Qty Unit Cost Final Budget Allocation Miami Organization Organization Fire Rescue 2021-02D y Operational OT for Special Events approved by FEMA; Fire $22,000 1 Ss,oao.Do 5s,000.00 Miami Equipment Equipment Law Enforcement 2021-02E y 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-DO-MAIN 1 $313,567.00 $313,567.00 Miami Equipment Equipment Law Enforcement 2021-040 Virtual Reality Counter -Terrorism Training System Project 1 $178,000.00 $178,000.00 Miami Equipment Equipment Law Enforcement 2021-10A Armored Response Project - Bearcat 12VE-00-MISS 1 $300,000.00 $300,000.00 Miami Equipment Equipment Law Enforcement 2021-13E Ballistic Vest for SWAT and K9 01LE-01-ARMR 25 $4,436.00 $110,900.00 Miami Planning Personnel Emergency Management 2021-06F 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. 1 $85,000.00 $85,000.00 Miami Planning Personnel Emergency Management 2021-06G Emergency Management Planner (12 months). This position will assist with general planning responsibilities related to the implementation of the UASI grant program. 1 $85,000.00 $85,000.00 Miami Planning Personnel Emergency Management 2021-06H Equipment Inventory Planner (12 months). This position will be responsible for resource management tracking and planning portion of the EHP process. 1 $���� $60,000.00 Miami Equipment Equipment Fire Rescue 2021-05F 4-Gas Meters and calibration sensors (69) 07C0-01-DPMG 1 $64,950.00 $64,950.00 5 Jurisdiction Regional Project Procurement Category Miami Equipment Sub -CateKo y Equipment Discipline One item it Detailed Item Description AEL$ RN Unit Cost cleat Budget Allocation Fire Rescue 2021-01D PSAP Go Kits (COOP Project) 14C1.01-COOP 1 $35,000.00 $35,000.00 Miami Equipment Equipment Fire Rescue 2021-05G PRAT Explosion Detection 07ED-01-IMOB, 072Z-00-NCBR 5 $18, 500.00 $92, 500.00 Miami Equipment Equipment Fire Rescue 2021-12C Tablets for Survey 123 04HW-01-INHW 50 $1,700.00 $85,000.00 Miami Beach Equipment Equipment Law Enforcement 2021-02F Y Target Hardening at Miami Beach Facilities Fire Stations, Satellite ( Police Stations, Youth Centers) 145W-01-VIDA, 21GN-00-INS7 1 $264,836.00 $264,836.00 Miami Gardens Equipment Equipment Law Enforcement 2021-02G y Video Wall & Covert Surveillance Technology 04H W-01-INHW, 04MD-01-VCAM, 12TR-02-TEQP, 030E-02-ROVI, 04SW-04-NETW, 045 W-05-SCAD 1 $327,884.00 $327,884.00 Miami -Dade Equipment Equipment Emergency Management 2021-07D WebE0C Municipal Enhancement P 04MD-01-CDSS 1 $75,000.00 $75,000.00 Miami -Dade Planning Planning Emergency Management 2021-061 T1-IIRA/SPR for the County 1 $90,000.00 $90,000.00 Miami -Dade Equipment Equipment Emergency Management Y Security Security Camera/Access Control for MD Elections Department HQ 14SW-01-VIDA, 21GN-00-tNST 1 $150,000.00 $1$0,000.00 Miami -Dade Miami -Dade Planting Exercise Contractor Contractor Emergency Management Emergency Management 2021-061 2021-14A Whole Community Closed POD Exercise and Training Video 1 1 $161,000.00 $75,515,00 $161,000.00 $75,515.00 Miami -Dade Equipment Equipment Emergency Management 2021-021 Y Access Control at MD Elections Department Building 14SW-01-PACS, 21GN-00-1N5T 1 $250,000.00 $250,000.00 Miami -Dade Miami -Dade 2 Equipment Equipment Equipment Equipment Law Enforcement Law Enforcement 2021-03B 2021-021 Y Y Forensic Video Covert Streaming Systems Multi Functional Video Wall and work stations for Fusion Center and RTCC 131E-00-SUR V, 04H W-01-INHW, 04M0-03-DISP, 10GE-00-GENR 04HW-01-INHW 131T-00-INTL 21GN-00-OCEQ 21GN-00-INST, 04M0-03-015P 1 1 $134,058.00 $667,457.00 $134,058.00 5667,457.00 Miami -Dade Equipment Equipment Fire Rescue 2021-11A Mobile Solar Power Supply Unit 10BC-00-SOLR $107,554.00 $107,554.00 Jurisdiction Regional Project Procurement Category Sob -Category Discipline Line Rem a Detailed Item Description AEI.X ome Unk Cost noel budget Allot/non Miami -Dade Equipment Equipment Fire Rescue 2021-05H MCI Ambulance Bus/Mobile Treatment Unit (MTLJ) 12VE-00-ABUS 1 $583,961.00 $583,961.00 Miami -Dade Training Training Fire Rescue 2021-06X N1MS ICS Position Specific Training 1 5105,000.00 $105,000.00 Miami -Dade Planning Training Fire Rescue 2021-06L Planning, Training and Exercises: UASI Homeland Security N/A 1 $5,000.00 $5,000.00 Miramar Equipment Equipment Fire Rescue 2021-08C Training Mannequins for CERT 04AP-08-S1MS 3 $4,000.00 $12,000.00 Miramar Equipment Equipment Fire Rescue 2021-08D Miramar CERT Equipment 21GN-00-CCEQ 1 $1,293.00 $1,293.00 Miramar Equipment Equipment Fire Rescue 2021-07E WebEOC Fleet Eyes Software 04AP-05-CD55, 04AP-02-AVLS 1 $30,000.00 $30,000.00 Miramar Equipment Equipment Fire Rescue 2021-12D Thermal Imaging Cameras 030E-02-TILA 5 59,000.00 $45,000.00 Miramar Equipment Equipment Fire Rescue 2021-13F Ballistic Helmets 011E-01-HLMT 1 510,000.00 $10,000.00 Miramar Exercise Exercise Emergency Management 2021-01E Y Cybersecurity Election Based Incident Response TTX 1 $100,000.00 $100,000.00 Miramar Planning Contractor Emergency Management 2021-06M THIRA/SPR for the City 1 $50,000.00 $50,000.00 Miramar Training Planning Emergency Management 2021-06N PT&E: Homeland Security Conference and ICS courses (Virtual if necessary) 1 $71,000.00 $71,000.00 Miramar Equipment Equipment Fire Rescue 2021-051 y Personal Radiation Detectors (PRD) 07R0-02-PRDA 4 $2,500.00 $10,000.00 Monroe Equipment Equipment Law Enforcement 2021-10B SWAT Personnel Carrier with Coms 12VE-00-MISS 1 $100,000.00 $100,000.00 Monroe Equipment Equipment Law Enforcement 2021-1SE APX6000 700/800 Portable Radios 06CP-01-PORT 6 55,403.00 $32,418.00 Monroe Equipment Exercise Emergency Management 2021-05J Radiation Portal Monitor 155C-00-PMON 1 $18,285.00 $18, 285.00 7 Jurisdiction Regional Protect Procurement Category Sub -Category Discipline Line Item ft . Detailed Item Description Aft II Qty Unit Cost Final Budget Allocation Monroe Equipment Equipment fire Rescue 2021-05K Hazmat Trailer with various hairnet equipment and PPE 12TR-00-TEQP, 01CB-04-ENSM, 01C8-02-ENSM, 01VT-02- FT W R, OIVT-02-GARM, OIVT-02-GLOV, 01ZA-04-HEAR, 07CD-01-DPGC, see template for list of AELs 1 $114,133.00 $114,133.00 Palm Beach County Equipment Equipment Emergency Management 2021-07F EOC Technology Upgrades to include 53 microcomputers, 104 laptops, 2 all -in -one computers, 27 desktop computers and 4 printers 1 $156,150.00 $156,150.00 Palm Beach County Equipment Equipment Emergency Management 2021-11B Logistics/Deployable equipment: (125k) Fort/sheltergenerator and (584,576) 1 $209,576.00 $209,576.00 PBSO Equipment Equipment Law Enforcement 2021-13G SWAT Night Vision Goggles 030E-02-TILA 19 $8,600.00 $163,400.00 PB5O Training Planning Law Enforcement 2021-04E y Community Business Partners Against Terrorism Program 1 $92,326.00 $92,326.00 PBSO Equipment Equipment law Enforcement 2021-05L Y Bomb Suit (40k) and Man Portable Bomb Robot (70k) 02PE-01-BSUT and 02EX-02- RBTI 1 $110,000.00 $110,000.00 Pembroke Pines Equipment Equipment Fire Rescue 2021-13H 66 Body Helmets and Body Armor for Fire/EMS personnel for deployment to hotzones. O1LE-0I-ARMR 01LE-01-HLMT 66 $1,133.00 $74,778.00 Pembroke Pines Equipment Equipment Law Enforcement 2021-01F Y Data Analytks for RTCC 131T-00-FACE; 04HW,01-INHW 1 $214,000.00 $0.00 Pembroke Pines Equipment Equipment Fire Rescue 2021-05M Y 6-Gas Detectors 07CD-01-DPGC 10 $2,300.00 $23,000.00 Pembroke Pines Equipment Equipment Fire Rescue 2021-12E Thermal Imaging Cameras 030E-02-TILA 3 $6,300.00 $18,900.00 Sunrise Equipment Equipment Law Enforcement 2021-10C Bear Cat for SWAT 12VE-00-MISS 1 $360,121.00 $360,121.00 8 Jurisdiction Regionalnk0j Procurement go Catery Sub Category Discipline line item N E. y Detailed item Description ALL N QN unit Cost Oro) Rudest Allocation Regional Miami Planning Personnel Emergency Management 2021-060 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 1 $110,000.00 $110,000.00 Regional Miami Planning Personnel Emergency Management 2021-06P 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 1 $75,000.00 $75,000,00 Regional PBSO Fusion Organization Personnel Law Enforcement 2021-03C Y Fusion Center Analysts Organization 5 $57,500.00 $287,500.00 Regional Miami Planning Training Emergency Management 2021-06Q Regional Planning, Training & Exercise to include attendance at grant related meetings 21GN-00-TRNG 1 $20,876.00 $20, 876.00 Regional g Miami Organization 8Enforcement Equipment Law 2021-016 Y Regional Cybersecurity Analysts Project 2 $150,000.00 $300,000.00 Regional PBSO Fusion Planning Personnel Law Enforcement 2021-01H Y Metadata Planner 1 $43,000.00 $43,000.00 Regional P85O Fusion Equipment Training Law Enforcement 2021-03D Y 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 13IT-00-ALRT 1 $270,000.00 $270,000.00 Regional Miami Equipment Training Emergency Management 2021.07G 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. (WebE0C) 04AP-oS-CDSS 4 OAP-03-GISS 045 W-04-NET W 1 $150,000.00 $150,000.00 Regional Ft. Lauderdale Training Equipment All Disciplines 2021-08E Regional Citizen Corps/CERT Planning, Training Exercise and Equipment 19GN-00-BGPK 06CP-01-PORT 21GN-00-CCEQ 3 $100,000.00 $300,000.00 9 twlsdlttton Regional Prolett Procurement Cate o aZ Sub -Category o 4 Discipline p Una Bem x s Retailed Item description Art x OW Unit Cost Final Budget Allocation Regional Ft. Lauderdale Equipment Training All Disciplines 2021-15F Deployable LTE Radio & Celluar Comm Kit- ROSTE 7lnteroperable Trailer - Regional Project O6CC-02-OSAO, 21GN-00-TRNG 1 523,150.00 $23,150.00 Regional FDLE Equipment Equipment I aw Enforcement 2021-15G Communications Interoperability System 06CP-01-PORT 1 $g 000,00 $8,000.00 Regional FDLE Equipment Equipment law Enforcement 2021-1SH 7 Satellite Radios 06CC-03-SATM 1 $6,570.00 $6,570.00 Regional FDLE Equipment Equipment Law Enforcement 2021-09B Maintenance/Sustainment - Regional Command Vehicle Wrap 21GN-00-MAIN 1 $5,750.00 $5,750.00 Regional Miami Beach Equipment Equipment Law Enforcement 2021-04F Y Regional LPR Project 131T-00-INTL 030E-01-ALPR, 21GN-00-CNST 1 $250,000.40 $250,000.00 Regional Kq Miami Equipment E ui Equipment P Fire 2021-05N Radiation Detection for Hazmat to include: 1 AreaRae Pro Rapid Deployment Kit RDK, cylinder (calibration), FUR Identifinder R200 PRND, annual calibration, FTIR Technology, Autorae controler and cradles 07C5-01-KAVC, 07CD-01-DPMG, 07RD-02-PRDA , 07CS-01-KLCS 1 $150,000.00 $150,000.00 Regional PBSO Equipment Equipment Law Enforcement 2021-03E Y Regional Maritime Radar Project - Monroe 145W-02-RADR 1 $33Q000.00 $330,000.00 Regional MDEM Planning Exercise Emergency Management 2021-11C Logistics/Resource Management Project 1 $116,225.00 $316,225.00 Regional MDPD Equipment Equipment Fire 2021-151 Communications 700MHz Overla y 06CP-01-BASE, 06CP-02-BRDG 1 5436,888.04 5436,888.00 Regional P8S0 Training Law Enforcement 2021-01 Y Cyber Response Training 1 $313,293.00 $313,293.00 Total $14,012,500.00 $1-t,012, 0O.GO tp $2,212,500.00 10 Jurisdiction Regional Project PMWtemtm Category Sub -Category Discipline tine Item N Detailed Item Description AEL$ Qty Unit Cost final Budget Allocation 11 2021 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 Sheriffs 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) MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2021 "Jurisdiction" Agreement Number; R0521 FAIN Number: EMW-2021-SS-00056-S01 CFDA #: 97.067 This Agreement is entered into this day of , 2022, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and , (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 $14,012,500 dollars through the Urban Area Security Initiative (UASI) Grant Program 2021; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 2021; 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 2021 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2021 Urban Area has been defined Miami and Ft. Lauderdale collectively and anticipates sub -granting a portion of the UASI funds in accordance with the grant requirements; and WHEREAS, the City Commission, by Resolution No. , adopted on 2022 . 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 2021 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 2021 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 2021: The UASI Grant Program 2021 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 2021 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 (NAMS): 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 shalt 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 quarterfy 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 2021 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 2021, 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 Toss of funding and/or equipment to the Participating Agency. M. All equipment obtained from the UASI Grant Program 2021, 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 2021 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", Vill. CONDITIONS, AMENDMENTS, AND TERMINATION A. The Participating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in full force and effect. C. This Agreement may be 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. G E. This Agreement will end on June 30, 2023, unless otherwise extended, by a written amendment duly approved and executed prior to June 30, 2023, 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: .. Victoria Mendez Ann -Marie Sharpe, Director City Attorney Department of Risk Management ATTEST: Name: Title: PARTICIPATING AGENCY "(sub-recipientZ" BY: NAME: TITLE: FID #: DUNS: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney 8 1 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, August 17, 2022 Key West, Florida & Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Harvey Government Center in Key West and via Communication Media Technology. Present and answering to roll call were Commissioner Craig Cates, Commissioner Michelle Coldiron, Commissioner Holly Raschein, Commissioner James Scholl and Mayor David Rice. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Pamela Hancock, Deputy Clerk; Liz Yongue, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS & DELETIONS _ Al Motion was made by Commissioner Scholl and seconded by Commissioner Coldiron granting approval of the Additions, Corrections & Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B 1 Presentation of an Honorary Conch Certificate to "Farmer Jeanne" Selander for all her hard work with the Monroe County Sheriffs Office Animal Farm. BULK APPROVALS Motion was made by Mayor Rice and seconded by Commissioner Coldiron granting approval of the following items by unanimous consent: Cl Board granted approval to use District 1 Transportation Impact Fees, in the amount of $97,159.20, to partially fund the Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens Project construction. C2 Board granted approval and authorized execution of an Ambulance Service Agreement with Key West HMA, LLC d/b/a Lower Keys Medical Center (LKMC) for Advanced Life Support and Basic Life Support Ambulance and Medical Transportation Services for certain patient transport to and from the LKMC facility for a 36-month period, to commence on August 17, 2022 and extend through August 17, 2025. C3 Board granted approval and authorized execution of an Agreement with Bender & Associates Architects, P.A., in the amount of $1,140,607.00, for A&E Services for the Wind Page 1 1 08/17/2022 Retrofit Project. The project is funded by a Florida Department of Emergency Management Hazard Mitigation Grant Program grant (75%) and local match (25%). The County portion will be paid by One Cent Infrastructure Sales Surtax. C4 Board granted approval and authorized execution of the 1st Amendment to the Shopping Center Lease with UH US Big Pine Key 2019, LLC, as landlord, to change the notice address for the landlord's property management office. This lease is for the District 2 County Commissioner's office at Unit B-2 at the Big Pine Key Shopping Center. C5 Board granted approval and authorized execution of the 3rd Amendment to Commercial Lease Agreement for a new notice address for lessor, UH US Big Pine 2019, LLC, for operation of the Monroe County Library at the Big Pine Key Shopping Center. Funding is Ad Valorem. C6 Board granted approval to negotiate a Contract with Bender & Associates Architects, P.A. (Bender) in response to the Request for Qualifications for Professional Architectural and Engineering Services Facility Assessment and Design of the Jefferson Browne Redevelopment Project. Bender was the only proposer, Subchapter 4(B)(2)(b) requires approval from the Board to negotiate a contract. The project is funded by One Cent Infrastructure Sales Surtax Fund. C7 Board granted approval and authorized execution of the 3rd Amendment to Agreement with Advance Water Technology, Corp. to renew the Chemical Water Testing and Treatment Services Contract for the third renewal of one year and to apply a CPI-U increase of 7%. The new monthly payment amount is $1,440.85. Funding is Ad Valorem. C8 Board granted approval and authorized execution of a Contract with WSP USA, Inc. for Construction Engineering and Inspection Services for the Florida Keys Overseas Heritage Trail Connection at Cudjoe Gardens Project in the maximum, not to exceed, amount of $117,658.20. C9 Board granted approval and authorized execution of a Contract with Marino Construction Group, Inc., in the amount of $282,820.00, for the construction of the Reduced Scope Key West Lighthouse Oil Display and Tower Repairs Project to be paid by Tourist Development Council Grant No. 2650. C11 Board granted approval of a submission of a Grant Application to the U.S. Department of Justice, Bureau of Justice Assistance for the Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation, in the amount of $15,028.00, including support of the Monroe County Probation Services Case Management Technology; and authorized the Director of Budget and Finance to execute acceptance of the award and related documents. Cash match is not required. C12 Board granted approval and authorized execution of an Urban Area Security Initiative Fiscal Year 2021 Memorandum of Agreement (MOA) with the City of Miami, concerning a United States Department of Homeland Security Office of Grants and Training -Grant, through the State of Florida Division of Emergency Management Sub -Grant Agreement No. R0521, in the amount of $264,836.00, with no county match required, and authorized the County Administrator or- designee to execute all documentation related to this MOA. Page 12 08/17/2022 C13 Board granted approval to award surplus units to the highest bidders as set forth in Budget & Finance Purchasing Department Tabulation Sheet; and authorized the award of surplus items to the next highest bidder(s), if necessary, until items are disposed of. Said tabulation sheet is incorporated herein by reference. C14 Board granted approval of a Grant Application and authorized execution of an Agreement for State Aid to Libraries from the Florida Department of State, Division of Library and Information Services, and authorized the County Administrator to sign any other required documents. C15 Board granted approval to negotiate a Contract with HDR Construction Control Corporation, the highest ranked respondent for Construction Engineering and Inspection Services for the Sands Subdivision Sea Level Rise Pilot Project, and if successful negotiations cannot be reached, approval to negotiate a contract with the next highest ranked respondent until successful negotiations are reached. C16 Board adopted the following Resolutions concerning the Transfer of Funds and Receipt of Unanticipated Revenue: Receipt of Unanticipated Revenue (OMB Schedule Item No. 1). RESOLUTION NO. 207-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 2). RESOLUTION NO. 208-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 3). RESOLUTION NO. 209-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 4). RESOLUTION NO. 210-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 211-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 212-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 7). RESOLUTION NO. 213-2022 Said Resolution is incorporated herein by reference. Page 13 08/17/2022 Receipt of Unanticipated Revenue (OMB Schedule Item No. 8). RESOLUTION NO. 214-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 9). RESOLUTION NO. 215-2022 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Revenue (OMB Schedule Item No. 10). RESOLUTION NO. 216-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 11). RESOLUTION NO. 217-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 218-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 13). RESOLUTION NO. 219-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 14). RESOLUTION NO. 220-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 221-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLUTION NO. 222-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 223-2022 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 224-2022 Said Resolution is incorporated herein by reference. Page 14 08/17/2022 Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 225-2022 Said Resolution is incorporated herein by reference. C17 Board adopted the following Resolution authorizing Unlicensed Contractor Code Investigator Douglas Peel, Jr. to issue citations for disposition in County Court. RESOLUTION NO. 226-2022 Said Resolution is incorporated herein by reference. C18 Board granted approval and authorized execution of the 2nd Change Order to the Contract with Triple M Roofing Corp. for East Martello Roof Phase If Project, in the amount of $360,487.82. This change order will add additional layers of Tremco fluid -applied roofing to the entire East Martello roof increasing the warranty from 20 to 30-years. Additionally, a lightning protect system will be added. Funding is provided through the existing Tourist Development Council Grant. C19 Board granted approval to award bid and authorized execution of a Construction Contract for re -bid of the Florida Keys 'Overseas Heritage Trail Connection at Cudjoe Gardens Project to Charley Toppino & Sons, Inc., in the amount of $535,197.93, to be completed in 180 calendar days. The project is funded by Florida Department of Transportation Local Agency Program Agreement, Tourist Development Grant and District 1 Transportation Impact Fees. C20 Board accepted the report of monthly change orders for the month of July 2022, reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. C21 Board granted approval and authorized execution of the 4th Change Order to the Contract with American Empire Builders, Inc. to replace one of six piles on the South side of Bimini Drive bridge with a spread footing, column and modified end bent as a part of the Bimini Drive Bridge (#904603) Replacement Project located on Duck Key. This change order is necessary to reach load bearing capacity after three failed pile driving attempts due to sub surface conditions differing from those indicated in the soil borings in the contract plans. The lump sum cost for this additional work is $269,614.81, increasing the total contract sum to $3,999,909.19 and adding 134 days to the contract time. C22 Board granted the request for expenditure for Federal Equitable Sharing Funds for Fiscal Year 2022, in the amount of $230,791.99, to be used for equipment purchases and upgrades to LPR (license plate recognition) static sites; and for the purchase of a Standard Underwater Remote Operation Vehicle to be used to assist the dive team. C23 Board granted approval of the Monroe County Purchasing Policy, which includes clarifying language regarding sole source procurement, removal of reference to obsolete Administrative Instruction 4800.13 for ordering business cards, and changes to attachments B.a., B.b., D.1, D.5, and D.11. Other minor changes were made to ensure consistency in policy language. Page 15 08/17/2022 C25 Board granted approval and authorized execution of a three-year Contract Extension with Environmental Systems Research Institute, Inc. Small Municipal and County Government Enterprise License Agreement for Geographic Information Systems software on an unlimited basis, plus software maintenance as provided in Quote No. Q-461006 in the amount of $165,000.00 for three years ($55,000.00 annually) to be paid by the following Departments/Agencies: Planning - $30,000.00; Monroe County Property Appraisers Office- $36,000.00; Monroe County Sheriffs Office- $24,000.00; Engineering (Roads and Bridges Department) - $30,000.00; and Information Technology - $45,000.00. C27 Board granted approval and authorized execution of an Agreement with the State of Florida, Depaitnient of Environmental Protection, Division of Waste Management, for the Small County Consolidated Solid Waste Grant No. SC323, for Fiscal Year 2022-2023 in the amount of $93,750.00. C28 Board granted approval and authorized. execution of the 2nd Amendment to the Agreement with Maverick United Elevator, LLC, for complete Elevator and Lift Service, Maintenance and Repairs, to add the Marathon Library and delete the old Plantation Key Detention Center. Funding is Ad Valorem. TOURIST DEVELOPMENT COUNCIL D1 Board granted approval and authorized execution of the 1st Amendment to the Agreement with Keys Association of Dive Operators, Inc. to act as a Countywide Dive Umbrella to make recommendations to the Tourist Development Council and the Board concerning dive and snorkeling related marketing activities, extending the agreement for an additional 2-year period. D2 Board granted approval and authorized execution of an Agreement with Stuart Newman, Associates, Inc. to provide public relations agency services which promote tourism. D3 Board granted approval and authorized execution of an Agreement with Axis Travel Marketing, LTD to provide International Travel Services in the United Kingdom, Ireland, Scandinavia, Italy, Germany, Switzerland, and Benelux which promote tourism. D4 Board announced one vacant position on the Tourist Development Council District I Advisory Committee for one At Large appointment. D5 Board granted approval of the Fiscal Year 2023 Monroe County Tourist Development Council Marketing Plan. D6 Board announced one vacant position on the Tourist Development Council District V Advisory Committee for one At Large appointment. Page 16 08/17/2022 COUNTY LAND ACQUISITION AND LAND MANAGEMENT Gl Board adopted the following Resolution granting approval of a Purchase Agreement of property pending final Department of Economic Opportunity approval, funded by the Community Development Block Grant -Disaster Recovery, Voluntary Home Buyout Program in the amount of $460,000.00, execution of a Restrictive Covenant running with the land, and moving one Market Rate - Rate of Growth Ordinance Exemption from the acquired property to the Administrative Relief pool for market rate allocation(s). RESOLUTION NO. 227-2022 Said Resolution is incorporated herein by reference. G2 Board granted approval and authorized execution of a Task Assignment (FK-177) with the Florida Fish & Wildlife Conservation Commission to receive $100,000.00 which will allow the County to hire a contracted crew of Invasive Exotic Plant Control Technicians to treat invasive exotic plants on conservation lands that are owned or managed by Monroe County. G3 Board granted approval and authorized execution of a Task Assignment (FK-179) with the Florida Fish & Wildlife Conservation Commission to receive $50,000.00 which will allow the County to hire a Contractor to treat invasive exotic plants on conservation lands that are owned or managed by Monroe County. ENGINEERING J1 Board granted approval to negotiate a Contract with Kisinger Campo and Associates Corporation, the highest ranked respondent, for Engineering Design and Permitting Services for the Tubby's Creek Bridge Replacement Project, and if successful negotiations cannot be reached, negotiate with the next highest ranked respondent until successful negotiations are reached. J2 Board granted approval to negotiate a Contract with Kisinger Campo and Associates Corporation, the highest ranked respondent, for Engineering Design and Permitting Services for the Mosquito Creek Bridge Replacement Project, and if successful negotiations cannot be reached, negotiate with the next highest ranked respondent until successful negotiations are reached. PLANNING & ENVIRONMENTAL RESOURCES' BUILDING & CODE COMPLIANCE DEPARTMENTS K1 Board adopted the following Resolution amending Resolution 228-2020, the permitting fee schedule, increasing fees based on the Consumer Price Index for all urban consumers for Fiscal Year 2022; eliminating the $10.00 per plan page fees for submission of corrections and revisions; and providing for an implementation date. RESOLUTION NO. 228-2022 Said Resolution is incorporated herein by reference. Page 17 08/17/2022 K2 Board granted approval and authorized execution of an Inter -Local Agreement between Monroe County and Islamorada, Village of Islands (Village), reimbursing the Village in an amount, not to exceed, $14,000.00 from Boating Improvement Funds for costs to be incurred by the Village during Fiscal Year 2023 for Regulatory Buoy Maintenance. K3 Board granted approval of an Inter -Local Agreement between Monroe County and the City of Marathon (City), reimbursing the City in an amount, not to exceed, $19,500.00 from Boating Improvement Funds for costs to be incurred by the City during Fiscal Year 2023 for 33rd Street Boat Ramp Dock Repairs. SHERIFF'S OFFICE M1 Board granted approval and authorized execution of the 3rd Amendment to the 2019- 2024 Local Police Service Contract with Islamorada, Village of Islands, the Monroe County Sheriffs Office, and the County. M2 Board granted approval and authorized execution of the 1st Amendment to the 2021-2024 Local Police Service Contract with the City of Marathon, Monroe County Sheriffs Office, and the County. COMMISSIONER'S ITEMS N1 Board granted approval of Mayor Rice's appointment of Tim Abner for a full 3-year term to the Duck Key Security District Advisory Board, replacing James Nealis, with a term expiring August 17, 2025. N2 Board adopted the following Resolution requesting that the United States Congress support robust funding for National Marine Sanctuaries and Marine Protected Areas within the National Oceanic and Atmospheric Administration. RESOLUTION NO. 229-2022 Said Resolution is incorporated herein by reference. COUNTY CLERK 01 Board granted approval of the minutes from the regular meetings of April 20, 2022 and May 18, 2022. Said minutes are incorporated herein by reference. 02 Board granted approval of BOCC Warrants 10107138-10108349 (AP); 28400-28501 (WC); all payroll direct deposited to employee's bank accounts for the month of July 2022, as follows: Fund Fund Title Amount 001 General Fund $6,445,647.19 101 Fine & Forfeiture $4,931,096.65 102 Road/Bridges $500,663.67 Page 18 08/17/2022 Fund Fund Title Amount 104 Middle Keys Health Care MSTU $9,561.03 115 Tourist Development Council -Two Penny $559,374.66 116 TDC - Admin Promo 2 Cent $697,067.87 117 TDC - District 1 Third Cent $758,687.17 118 TDC - District 2 Third Cent $69,404.07 119 TDC - District 3 Third Cent $454,076.08 120 TDC - District 4 Third Cent $169,817.20 121 TDC - District 5 Third Cent $193,166.21 125 Grant Fund $875,743.57 130 Impact Fees/Roadways $26,725.10 131 Impact Fees/Parks $24,178.50 132 Impact Fees/Library $968.40 141 Fire/Ambulance $945,074.93 147 Unincorporated Service $258,273.15 148 Planning Building $569,048.67 149 Municipal Policing $684,412.51 150 E911 Enhancement Fund $169,542.01 152 Duck Key Security $8,126.47 153 Local Housing Assistance $11,334.13 157 Boating Improvement Fund $29,977.89 158 Miscellaneous Special Revenue Fund $173,668.57 160 Environmental Restoration $18,329.49 162 Law Enforcement Trust-600 $1,500.00 163 Court Facilities $9,262.51 164 Drug Facilities Fees $9,370.10 171 Stock Island Wastewater $3,565.16 $1,218.00 175 Long Key -Layton MSTU 176 Duck Key MSTU $1,758.52 177 Canal #266 MSBU $9,214.54 180 Building Funds $322,367.73 304 1 Cent Infrastructure $1,269,203.91 310 Big Coppitt Wastewater $18,085.60 312 Cudjoe Regional WW Project $30,587.86 314 Series 2014 Revenue Bonds $15,423.66 316 Land Acquisition $6,918.00 401 Card Sound Bridge $96,537.35 403 Marathon Airport $123,741.46 404 Key West Intl Airport $4,193,163.36 406 PFC & Operating Restrictions $832,867.54 414 MSD Solid Waste $1,793,333.74 501 Workers' Compensation $192,292.69 502 Group Insurance Fund $1,110,511.54 503 Risk Management Fund $338,947.52 504 Fleet Management Fund $238,671.82 Page 19 08/17/2022 03 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said inventory is incorporated herein by reference. 04 Board granted approval of Tourist Development Council expenses for the month of July 2022, as follows: Vendor Amount Advertising $ 969,155.37 Bricks & Mortar Projects $ 828,595.77 Events $ 147,468.94 Office Supplies & Operating Costs $ 23,056.01 Personnel Services $ 0.00 Public Relations $ 281,838.06 $ 80,285.57 Sales & Marketing Telephone & Utilities $ 17,729.40 Travel $ 2,975.21 Visitor Information Services $ 112,689.66 COUNTY ADMINISTRATOR PI Board accepted the County Administrator's monthly report for August 2022. Said report is incorporated herein by reference. P2 Board granted approval and authorized execution of a Contract with Casa Marina Lessee LLC d/b/a Casa Marina Key West, Curio Collection by Hilton, for conference hosting and implementation services for the 16th Annual Southeast Florida Regional Climate Change Summit to be held in Key West on December 16-18, 2024 in the amount of $187,950.00. The summit is being hosted by Monroe County on behalf of the Southeast Florida Regional Climate Change Compact, a four -county partnership created for the purpose of collaborative planning and implementation of adaptation and mitigation strategies related to climate change. P5 Board adopted the following Resolution approving an Agreement with the State of Florida to exchange lands on Big Pine Key to eliminate multiple encroachments along the boundaries of the Big Pine Key Fire Station and former Road Prison, and authorized the Mayor to execute this agreement and all documents related to the subject exchange. RESOLUTION NO. 230-2022 Said Resolution is incorporated herein by reference. P6 Board granted approval to negotiate with the vendors in rank order for the Culvert Installation Water Quality Improvement Project on Canal 259 in Big Pine Key, funded by U.S. Treasury Restore Act Grant No. 1 RDCGR170099-01-00; and waive a minor irregularity in the response from the highest ranked vendor. Page 110 08/17/2022 P7 Board adopted the following Resolution approving the list of Monroe County's capital and planning grant applications for the Resilient Florida Grant Program in 2022. RESOLUTION NO. 231-2022 Said Resolution is incorporated herein by reference. COUNTY ATTORNEY Q2 Board granted authorization to initiate litigation against Jorge L. Cabrera and his property located at 118 Arbor Lane, Tavernier, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case Nos. CE16080164 and CE17080110. Q3 Board granted authorization to enforce the code compliance lien(s) arising from Code Compliance Case No. CE17030004 against Raymond J. Reigadas and Christine Reigadas and their property, 325 Calusa Street, Lot 432, Key Largo, Florida, to seek compliance with the County Code and enforce by adding this lien to ongoing litigation against property owners in Case No. 20-CA-000464-P. Q4 Board granted authorization to initiate litigation against Phoenix Holdings Monroe, Inc. and their property, 1028 Snapper Lane, Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE18120004. Q5 Board adopted the following Resolution clarifying and updating the membership provisions of the Human Services Advisory Board (HSAB), updating that staff support is provided by the Department of Budget and Finance, restating the functions of the HSAB, and providing for a repeal of conflicting resolutions and an effective date. RESOLUTION NO. 232-2022 Said Resolution is incorporated herein by reference. Q7 Board granted approval of proposal from Florida League of Cities to renew the 2022- 2023 liability insurance and excess workers' compensation insurance program for an annual premium of $438,960.00; and granted authorization for Risk Management Administrator to sign all necessary documents. The premium represents a decrease of $78,400.00 (15.2%). Q9 Board granted approval of a Conflict Waiver from the law firm of Bryant Miller Olive (BMO), to allow BMO to represent PNC Bank, National Association (PNC) for purposes of representing PNC in connection with Florida Grant Anticipation Note, Series 2022 and granted approval for the County Attorney or his designee to sign the conflict waiver letter. AIRPORTS Ul Board adopted the following Resolution supporting the acquisition of the former Hawk Missile Site through a land swap with the City of Key West in exchange for the County -owned Higgs Memorial Beach Park. Page 111 08/17/2022 RESOLUTION NO. 233-2022 Said Resolution is incorporated herein by reference. PROJECT MANAGEMENT U2 Board adopted the following Resolution providing support for a Florida Recreation Development Assistance Program Grant and affirming the County's ability to provide local match funding for the Bernstein Park Upgrades Project. RESOLUTION NO. 234-2022 Said Resolution is incorporated herein by reference. PARKS & BEACHES U3 Board granted approval and authorized execution of the 1st Amendment to the Construction Manager at Risk Agreement with Ajax Building Company in the amount of $31,856,275.00 for the construction of a new Emergency Operations Center in Marathon to be funded primarily by a series of grant agreements, minimizing the use of County capital funds. PROJECT MANAGEMENT U4 Board granted approval and authorized execution of a Settlement Agreement between Monroe County, Florida, Magnolia, 101, LLC, and Brian Lindback as an officer of Magnolia 101, LLC, and Atlantic Trash & Transfer LLC, and authorized the County Attorney or his designee to execute the agreement on behalf of the County. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS C10 Motion was made by Commissioner Coldiron and seconded by Commissioner Scholl granting approval of a grant award of $173,334.00 from Florida Department of Law Enforcement for the Residential Substance Abuse Treatment Program with a 25% match requirement of $43,334.00 and authorizing execution of an Agreement with Guidance/Care Center in the amount of $173,334.00 for the Men's Jail In -House Drug Abuse Treatment Program Project, for the period of April 1, 2022, through March 31, 2023. Roll call vote carried unanimously, with Mayor Rice abstaining due to a conflict. C26 Motion was made by Commissioner Coldiron and seconded by Commissioner Scholl granting approval and authorizing execution of the 1st Amendment to extend the Disaster Response and Recovery Agreement with DRC Emergency Services, LLC for debris removal for seven months. Roll call vote carried unanimously, with Commissioner Raschein abstaining due to a conflict. Pagel 12 08/17/2022 STAFF REPORT El Sheryl Graham, Senior Director of Social Services, gave an update on services and programs offered by Social Services. COUNTY ATTORNEY Q8 The following individual addressed the Board concerning discussion, as required by Section 15 of the Unity of Title on 22777 Jolly Roger Drive, Cudjoe Key, on a request from Olivia and Peter Poto for the release of said Unity of Title acquired through the Less -Than -Fee Program: Attorney Carlos Lerman, representing the property owners. Bob Shillinger, County Attorney, addressed the Board. The Board took no action. STAFF REPORT E2 Kimberly Matthews, Sr. Director of Strategic Planning and Libraries, gave a Power Point Presentation on the Monroe County BOCC Strategic Plan 2020-2025: Refresh & Renew. COUNTY ADMINISTRATOR P4 Sarah Fangman, Superintendent of Florida Keys National Marine Sanctuary gave a Power Point Presentation on Florida Keys National Marine Sanctuary Restoration Blueprint. The following individual addressed the Board: Captain Will Benson, representing the Florida Keys National Marine Sanctuary. P3 Rhonda Haag, Chief Resilience Officer, gave a Power Point Presentation on the proposed capital projects applications to be submitted under the Resilient Florida Grant Applications for 2022. Tina Boan, Senior Director of Budget & Finance; Roman Gastesi, County Administrator; and Mr. Shillinger addressed the Board. COMMISSIONER'S ITEM N3 Mr. Shillinger addressed the Board regarding a requested dog park for Duck Key by Duck Key Property Owners Association. A parcel at 104 Jamaica Street has been identified by the association for this proposal. The Board took no official action. COUNTY ATTORNEY Q1 Mr. Shillinger referred the Board to the County Attorney Report for August 2022. Said report is incorporated herein by reference. Mr. Shillinger gave an update on an appellate ruling which will affect local workforce housing. Q6 Mr. Shillinger requested to hold an Attorney -Client Closed Session in the matter of AshBritt, Inc. v Monroe County, FL and Florida Department of Transportation, Case No. CA-K- Page 113 08/17/2022 17-802, and read the required language into the record. Motion was made by Commissioner Cates and seconded by Commissioner Scholl granting approval to hold the closed session at the September 12, 2022 BOCC special budget meeting in Key West, Florida, at 4:00 p.m. or as soon thereafter as the matter may be heard. Roll call vote carried unanimously, with Commissioner Raschein abstaining due to a conflict. COMMISSIONER'S COMMENTS T Mr. Shillinger addressed the Board concerning the time approximate of the Public Hearings and the Closed Sessions and potentially changing the scheduled times and the internal processes. is held. Board discussed committee assignments that will be reviewed after the primary election SOUNDING BOARD S1 Richard Boettger addressed the Board regarding the County taking over Windstorm Insurance. Mr. Shillinger addressed the Board. The Board took no official action. PUBLIC HEARINGS R1 A Public Hearing was held to consider approval of the annual rate Resolution for Canal 266 on Big Pine Key as part of the Canal Restoration Program, imposing an annual assessment for the cost of Canal 266 operations and maintenance for Fiscal Year 2023. There was no public input. Motion was made by Commissioner Cates and seconded by Commissioner Coldiron to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 235-2022 Said Resolution is incorporated herein by reference. R2 A Public Hearing was held to consider approval of an Ordinance extending the One Cent Infrastructure Sales Surtax beyond its current December 31, 2033 expiration date, scheduling of a referendum as required by statute, and establishing the uses for the revenue stream created. Kevin Wilson, Assistant County Administrator, addressed the Board. There was no public input. After discussion, motion was made by Commissioner Cates and seconded by Commissioner Coldiron to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 010-2022 Said Ordinance is incorporated herein by reference. R3 A Public Hearing was held to consider approval of a Resolution to continue the imposition of wastewater assessments and to set the annual rate for all previously approved assessment rolls including Big Coppitt, Duck Key, Stock Island including Stock Island Phase 2, Cudjoe Regional Centralized Inner & Outer Island and expanded parcels within the Cudjoe Regional Service Area, East/West Long Key, No Name Key, Middle Torch and Big Torch Key Page 114 08/17/2022 service areas. The administrative cost associated with the imposition of wastewater assessments is paid from the collection of the annual assessments. Mr. Wilson addressed the Board. There was no public input. Motion was made by Commissioner Coldiron and seconded by Commissioner Cates to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 236-2022 Said Resolution is incorporated herein by reference. R4 A Public Hearing was held to consider approval of an Ordinance amending Section 25-4 of the Monroe County Code, increasing the towing and storage rates for law enforcement officer requested tows. Mr. Shillinger addressed the Board. There was no public input. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Scholl to adopt the following Ordinance, with revised language amending the after-hours gate fee from $100.00 to $200.00, to be consistent with the City of Marathon. Motion carried unanimously. Board directed staff to review this Ordinance every two years. ORDINANCE NO. 011-2022 Said Ordinance is incorporated herein by reference. R5 A Public Hearing was held to consider approval of a Resolution approving an Amendment to the Hawks Cay Expansion Development of Regional Impact, including relocation of existing square footage available for expansion from Development Corridor 4 and the Convention Facilities to the Commercial Marina area, and recognition of nonconforming square footage, in order to redevelop and expand the marina store located at the development site commonly known as Hawks Cay, located on Duck Key, currently having Property Identification Nos. 00378390-000000, 00378380-000000, and 00378380-000102. Emily Schemper, Sr. Director Planning & Environmental Resources, gave a Power Point Presentation. There was no public input. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Cates to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 237-2022 Said Resolution is incorporated herein by reference. R6 A Public Hearing was held to consider approval of an Ordinance revising Section 2-79 of the Monroe County Code, regarding membership of the Monroe County Personnel Policies and Procedures Review Board, to eliminate references to the Employee Relations Committee and provide an alternate method of selecting non -supervisory employees and a direct online supervisor to sit on the Review Board. Bryan Cook, Director of Employee Services, addressed the Board. There was no public input. Motion was made by Commissioner Raschein and seconded by Commissioner Coldiron to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 012-2022 Said Ordinance is incorporated herein by reference. Page 1 15 08/17/2022 R7 A Public Hearing was held to consider approval of an Ordinance proposing Evaluation and Appraisal Amendments to the 2030 Comprehensive Plan. Ms. Schemper addressed the Board. There was no public input. Motion was made by Commissioner Cates and seconded by Commissioner Raschein to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 013-2022 Said Ordinance is incorporated herein by reference. Ms. Schemper addressed the Board concerning the following two items (R8 and R9). There was no public input. After discussion, Motion was made by Commissioner Cates and seconded by Commissioner Coldiron to adopt the following two Ordinances: R8 A Public Hearing to consider approval of an Ordinance amending Monroe County Comprehensive Plan Policy 212.2.4 to allow certain accessory structures within the shoreline setback; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and Secretary of State; providing for inclusion in the Monroe County Comprehensive Plan; providing for an effective date. ORDINANCE NO. 014-2022 Said Ordinance is incorporated herein by reference. R9 A Public Hearing to consider approval of an Ordinance amending Monroe County Land Development Code Section 118-12 to allow certain accessory structures within the shoreline setback; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and Secretary of State; providing for inclusion in the Monroe County Land Development Code; providing for an effective date. ORDINANCE NO. 015-2022 Said Ordinance is incorporated herein by reference. Motion carried unanimously. R10 A Public Hearing was held to consider approval of an Ordinance amending Land Development Code Section 130-140 to establish a purpose and intent, boundary, transfers of nonresidential square footage into the Safe Harbor Community Center, permitted and conditional uses, maximum density for hotel/motel and minimum open space, maximum nonresidential land use intensities and district open space, parking, setbacks, and signage. Ms. Schemper addressed the Board. Cheryl Cioffari, Assistant Director of Planning, gave a Power Point Presentation. There was no public input. After discussion, motion was made by Commissioner Scholl and seconded by Commissioner Cates to adopt the following Ordinance, including changes recommended by staff. Motion carried unanimously. ORDINANCE NO. 016-2022 Said Ordinance is incorporated herein by reference. Page 116 08/17/2022 R11 A Public Hearing was held to consider approval of an Ordinance amending the Monroe County Land Use District (Zoning) Map to Apply the Safe Harbor Community Center Overlay District for properties located at approximate Mile Marker 5, as proposed Smith/Hawks PL on behalf of Bama One, LLC; Bernstein Benjamin Residuary TR B U/T/T; Bernstein Benjamin Trust B; Byron Colley and Tonita A Davis H/W; Constellation Yachts, Inc.; Harbor Bay Investments, LLC; JKYD, LLC; K W Resort Utilities Corp.; Key West Transfer Station & Hauling Service, Inc,; Keys Fresh Seafood, LLC; Longstock 11, LLC; Robbie's Safe Harbor Marine Enterprises; Safe Harbor Enterprises, LLC; Safe Harbor Properties, LLC and SIMV Hotel 1, LLC. There was no public input. After discussion, motion was made by Commissioner Raschein and seconded by Commissioner Cates to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 017-2022 Said Ordinance is incorporated herein by reference. R12 A Public Hearing was held to consider approval of an Ordinance amending Chapter 18, Parks and Recreation, of the Monroe County Code, to add a new Section 18-4 prohibiting smoking within the boundaries of Monroe County Public Parks and Beaches. There was no public input. Motion was made by Commissioner Coldiron and seconded by Commissioner Scholl to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 018-2022 Said Ordinance is incorporated herein by reference. R13 A Public Hearing was held to consider approval of an Ordinance amending Section 25-7 of the Monroe County Code, increasing the towing and storage rates for non-consensual tows and eliminating unnecessary permitting requirements. There was no public input. Motion was made by Commissioner Coldiron and seconded by Commissioner Scholl to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 019-2022 Said Ordinance is incorporated herein by reference. R14 A Public Hearing was held to consider approval of a Resolution adopting the Final Duck Key Security District Non -Ad valorem special assessment rates for Fiscal Year 2022-2023 and approval of Non -Ad Valorem Assessment Roll Certificate to be provided to the Tax Collector by September 15, 2022. Ms. Boan addressed the Board. There was no public input. Motion was made by Commissioner Coldiron and seconded by Commissioner Raschein to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 238-2022 Said Resolution is incorporated herein by reference. R15 A Public Hearing was held to consider approval of a Resolution adopting the final Residential Solid Waste Collection, Disposal and Recycling non ad valorem special assessment rates for Fiscal Year 2022/2023. There was no public input. Motion was made by Commissioner Page 1 17 08/17/2022 Raschein and seconded by Commissioner Scholl to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 239-2022 Said Resolution is incorporated herein by reference. R16 A Public Hearing was held to consider approval of a Resolution establishing the final per month Solid Waste Collection Service Rates for commercial property in the various solid waste collection franchisee areas, for Fiscal Year 2023. Cheryl Sullivan, Director of Solid Waste Management; and Mr. Shillinger addressed the Board. There was no public input. Motion was made by Commissioner Scholl and seconded by Commissioner Raschein to continue the Public Hearing to the September 12, 2022 meeting at 5:00 p.m. to allow for publication of the final commercial rates in the newspaper 20 days in advance of the hearing in accordance with Monroe County Code, Sec. 21-74. Motion carried unanimously. R17 A Public Hearing was held to consider approval of an Emergency Ordinance creating Pine Channel Nature Park and providing park hours and permissible and prohibited activities. There was no public input. Motion was made by Commissioner Coldiron and seconded by Commissioner Scholl to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 020-2022 Said Ordinance is incorporated herein by reference. I1 A Public Hearing was held concerning the County's proposed issuance of, not to exceed, $50,000,000.00 in aggregate principal amount of Monroe County, Florida Airport Revenue Bonds (Key West International Airport), Series 2022. There was no public input. Motion was made by Commissioner Raschein and seconded by Commissioner Coldiron granting approval of the item. Motion carried unanimously. AIRPORTS I10 Richard Strickland, Director of Airports, gave a Power Point Presentation supporting approval of a Supplemental Resolution authorizing the issuance of Monroe County Airport Revenue Bonds to finance and refinance various costs of capital improvements to Key West International Airport and approval of the terms and details of said Series 2022 bonds. Ken Cushine, of Raskin & Associates, Inc.; and Mr. Gastesi addressed the Board. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Rashein to adopt the following Resolution. Roll call vote carried unanimously. RESOLUTION NO. 206B-2022 Said Resolution is incorporated herein by reference. I11 Motion was made by Commissioner Coldiron and seconded by Commissioner Scholl adopt the following Resolution approving and accepting the proposal of PNC Bank to provide the County with a non -revolving line of credit of up to $10,000,000.00 to finance and refinance Pagel 18 08/17/2022 costs related to the Concourse A Expansion at Key West International Airport. Motion carried unanimously. RESOLUTION NO. 241-2022 Said Resolution is incorporated herein by reference. I8 Pedro Mercado, Senior Assistant County Attorney, addressed the Board concerning approval of the Guaranteed Maximum Price 1st Amendment with NV2A Gulf Keystar, a Joint Venture, LLC in the amount of $5,519,641.00 for Key West International Airport Concourse A and Terminal Improvements program, to be funded by the PNC Line of Credit. Motion was made by Commissioner Scholl and seconded by Commissioner Coldiron granting approval of the item and to redact the financials from the amendment that are confidential and exempt by removing pages 192-195 inclusive. Motion carried unanimously. Motion was made by Commissioner Cates and seconded by Commissioner Raschein granting approval of the following items by unanimous consent: 12 Board granted approval and authorized execution of the 2nd Amendment to State of Florida Department of Transportation Public Transportation Grant Agreement No. G2090, as executed by the Director of Airports, providing $6,157,371.00 in funding for the Concourse A Terminal Expansion Program at Key West International Airport; requires a 50% match from the anticipated 2022 Airport Bond Funds. I3 Board granted approval and authorized execution of the 2nd Amendment to State of Florida Depait.ment of Transportation Public Transportation Grant Agreement No. G1V31 as executed by the Director of Airports providing an additional $250,000.00 in funding for essential airport equipment for Key West International Airport; requires a 50% match from Airport Operating Fund 404. I4 Board adopted the following Resolution and granted approval and authorized execution of a Sponsorship Agreement with Race World Offshore, LLC for Key West International Airport to sponsor Race World Offshore for the internationally_sanctioned 41st Anniversary World Championship Powerboat Races in Key West under Airport promotional sponsorships Resolution No. 123-2021. RESOLUTION NO. 240-2022 Said Resolution is incorporated herein by reference. I5 Board granted approval and authorized execution of the 8th Amendment to the Lease Agreement and associated lease extension with the Conch Flyer Concessions LLC, the parent company of which Master Concessions LLC and Concessions Development Group, LLC at Key West International Airport for purposes of building out the concessionaire's new lease spaces, funded entirely by Master Concessions LLC, in Concourse A regarding build out of new lease spaces in Concourse A. Page 1 19 08/17/2022 I6 Board accepted the report of Airport change orders for the month of July 2022 reviewed by the County Administrator/Assistant County Administrator. Said report is incorporated herein by reference. I7 Board granted approval and authorized execution of a Construction Manager at Risk Agreement with NV2A Gulf Keystar, a Joint Venture, LLC for construction activities in the total amount of $100,349,259.00, which includes $97,426,465.00 for project costs and $2,922,794.00 in owner -controlled allowances, for Key West International Airport Concourse A and Terminal Improvements program, to be funded by Florida Department of Transportation Grant No. G2090, Federal Aviation Administration Airport Improvement Program Entitlement Grants, Covid Relief Grants, Bipartisan Infrastructure Law Grants and/or the 2022 Airport Bonds. I9 Board adopted the following Resolution authorizing the issuance of Monroe County Airport Revenue Bonds to finance and refinance various costs of capital improvements to Key West International Airport, providing a pledge of the net revenues derived from the operation of Key West International Airport and certain eligible PFC revenues to secure payment of the principal of and interest on said bonds. RESOLUTION NO. 206A-2022 Said Resolution is incorporated herein by reference. Motion carried unanimously. CLOSED SESSIONS L1 Mr. Shillinger requested to continue the Attorney -Client Closed Session in the matter of Sunset Garden Estate Land Trust 2/10/14, by and through its Successor Trustee, Simtrust Group, LLC, and Sunset Gardens Farm, LLC v. Monroe County, 16th Judicial Circuit Case No. 19-CA- 460-P to the September 21, 2022 meeting in Key Largo, Florida. Motion was made by Commissioner Raschein and seconded by Commissioner Coldiron to continue the Attorney - Client Closed Session. Motion carried unanimously. L2 Mr. Shillinger announced the Attorney -Client Closed Session in the matter of Galleon Bay v. Monroe County, et al., 02-CA-595-K and read the required language into the record pursuant to Section 286.011(8), Florida Statutes. Mr. Shillinger advised that the following individuals would be present at the meeting: County Commissioners; County Administrator Roman Gastesi, County Attorney Bob Shillinger; Assistant County Attorneys Derek Howard and Cynthia Hall; and a certified court reporter. Mayor Rice declared the open session of the meeting closed. After the closed session, the meeting was re -opened. Page 120 08/17/2022 There being no further business, the meeting of the Board of County Commissioners was adjourned. Kevin Madok, CPA Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida .C' ?iaue, D, e. Page 121 08/17/2022 County of Monroe The Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tem Craig Cates, District 1 Michelle Coldiron, District 2 James K. Scholl, District 3 Holly Merrill Raschein, District 5 County Commission Meeting August 17, 2022 Agenda Item Summary #10872 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Jeff Manning (305) 289-6325 NA AGENDA ITEM WORDING: Approval of a UASI (Urban Area Security Initiative) FY 2021 Memorandum of Agreement with the City of Miami, concerning a United States Department of Homeland Security Office of Grants and Training grant, through the State of Florida Division of Emergency Management sub -grant agreement R0521, in the amount of $264,836, with no county match required, and approval for the County Administrator or designee to execute all documentation related to this MOA. ITEM BACKGROUND: The United States Department of Homeland Security's Office of Grants & Training (OG&T), through the State of Florida, Division of Emergency Management, has sub - granted the Urban Area Security Initiative (UASI) Grant Program, FY 2021, to the City of Miami in the amount of $14,012,500.00. This program targets homeland security funding to "high threat" urban areas in order to prevent, respond to, and recover from threats or acts of terrorism. Monroe County is receiving $264,836.00. Funds should be distributed as follows: Monroe County Emergency Management $264,836.00. PREVIOUS RELEVANT BOCC ACTION: The UASI FY05, FY06, UASI FY07, UASI FY08, UASI FY09, UASI FY 10, UASI FY 11, UASI FY 12, UASI FY 13, and UASI FY14, UASI FY 15, UASI FY 16, UASI FY 17, UASI FY 18, UASI FY 19, and UASI FY 20 agreements were approved on the March 15, 2006, May 11, 2007, March 19, 2008, January 20, 2010, January 19, 2011, February 15, 2012, January 16, 2013, November 20, 2013, March 19, 2014, May 20, 2015, April 20, 2016, March 15th, 2017, April 19th 2018, and March 21, 2019, August 19, 2020, and June 16th, 2021 BOCC meetings respectively. CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approve DOCUMENTATION: UASI 2021 MOA - Monroe County 2021 UASI MOA - Exhibit 1 MIAMI - FDEM MOA EXECUTED 2021 UASI MOA Exhibit 2 Budget Detail FINANCIAL IMPACT: Effective Date: Upon Execution Expiration Date: June 30, 2023 Total Dollar Value of Contract: $264,836 Total Cost to County: 0 Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NO If yes, amount: Grant: $264,836 County Match: NA Insurance Required: NA Additional Details: NA NA REVIEWED BY: Shannon Weiner Completed James Molenaar Completed Purchasing Completed Budget and Finance Completed Brian Bradley Completed Lindsey Ballard Completed Board of County Commissioners Completed 07/20/2022 4:31 PM 07/20/2022 4:56 PM 07/21/2022 8:27 AM 07/21/2022 8:42 AM 07/21/2022 8:59 AM 07/28/2022 9:58 AM 08/17/2022 9:00 AM a41z4