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HomeMy WebLinkAbout24500AGREEMENT INFORMATION AGREEMENT NUMBER 24500 NAME/TYPE OF AGREEMENT STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT DESCRIPTION MODIFICATION #1 TO SUBGRANT AGREEMENT/EXTENSION OF UASI FY 2021/FILE ID: 11336/R-22-0078/MATTER ID: 23- 1006 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 5/12/2023 DATE RECEIVED FROM ISSUING DEPT. 6/28/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 X CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Fire -Rescue DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "State of Florida Division of Emergency Management" IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES X NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): To extend UASI FY 2021 until July 31, 2024. 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 4/12/23 PRINT: Ty McGann, AFC „ SIGNATURE: SUBMITTED TO RISK MANAGEMENT 4/12/23 PRINT: ANN - MARIE SHARPE SIGNATURE: SUBMITTED TO CITY ATTORNEY (JCP / 23-1006) 5/6/23 PRINT: VICTORIA SIG[ : MENDEZ uan C. P rez APPROVAL BY ASSISTANT CITY MANAGER PR T: SIGNATURE: RECEIVED BY CITY MANAGER May 10, 2023 PRINT: ART I 15:20:21 EDT—DocuSigned SIGNATURE: NORIEGA by: a" ' "thr Novi �— a&0,ercc372Dt34YA... PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 MODIFICATION #1 TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF MIAMI This Modification is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and the City of Miami ("Recipient"), to modify Contract Number R0521, which began on June 27, 2022 ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Recipient under the State Homeland Security Grant program of $14,012,500.00. WHEREAS, the Agreement expires on December 31, 2023; and, WHEREAS, the Division and the Recipient desire to extend the terms of the Agreement; and, WHEREAS, the Division and the Recipient desire to modify the Agreement; and, WHEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph 8 of the Agreement is hereby amended to read as follows: This Agreement shall begin on upon execution of both parties and shall end on July 31, 2024, 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. §200.77, 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. §200.309, 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. 2. All provisions not in conflict with this Modification remain in full force and effect and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Modification as of DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 the dates set out below. RECIPIENT: THE CITY OF MIAMI DocuSigned by: B a 14�461, y 850er C372D 42A... Name and Title: Arthur Noriega, City Manager Date: May 10, 2023 1 15:20:21 EDT DIVISION OF EMERGENCY MANAGEMENT Digitally signed by Linda McWhorter DN: do=org, dc=fleoc, ou=DEM_Users, Linda McWhorter ou=Preparedness' cn=Linda McWhorter' emall=Linda.McWhorter@ein.myflorida.com By: Date: 2023.06.22 18:02:04 -04'00' for: Name and Title: Kevin Guthrie, Director Date: See e-signature above DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ATTEST: By: DocuSigned by: Todd B. Hannon City Clerk APPROVED AS TO FORM AND CORRECTNESS By: ictori Mend City Attorney (JCP / 23-1006 - UASI FY 2021 - Modification #1 - City of Miami) DocuSigned by: THE CITY OF MIAMI, a municipal Corporation of the State of Florida DocuSigned by: r y: -8-5@eF€C372BU42A... Arthur Noriega City Manager APPROVED AS TO INSURANCE REQUIREMENTS By: Ann -Marie Sharpe, Director Department of Risk Management Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Fire -Rescue DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "State of Florida Division of Emergency Management" IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES X NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT PROFESSIONAL SERVICES AGREEMENT X GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY PURPOSE OF ITEM (BRIEF SUMMARY): To establish the Urban Area Security Initiative ("UASI") FY 2021 & Memorandum of Agreement ("MOA's"). 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 2/28/22 PRINT: Ty McGann, AFC SIGNATURE: _J / (,t SUBMITTED TO RISK MANAGEMENT PRINT: ANN - MARIE SHARPE Quevedo, °r''''''"°bYQ"°" d° SIGNATURE: Terry -05M 203L°z7969 Cell TA SUBMITTED TO CITY ATTORNEY 3/14/22 PRINT: VICTORIA MENDEZ �.. _ SIGNATURE: T4F MID 22-50K APPROVAL BY ASSISTANT CITY MANAGER PRINT: SIGNATURE: RECEIVED BY CITY MANAGER Vi" PRINT: ART NORI SIGNA A 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEYS OFFICE, 3) REMAINING ORIGINAL(S) TO.ORIGINATING DEPARTMENT PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: �' pi =ACC ,...,..... THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Date: QI/10/2022 AGENDA ITEM SUMMARY FORM File #11338 Requesting Department: Oai artment of i=ire- Rescue Commission Meeting Date: pv2414422 Sponsored By: District Impacted: Ali Type: Resolution Subject; , etablish p eclel Revenue - UrbaoArea Security Initiative Qrant Program Purnose of Items Resolution to establish a Spacial 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 cantiguous partners, outiining their responsibilities in connection with their support of the UASI Project administered by the City of Miami Department of Fire -Rescue. Back round 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 Seourity Initiative ("UASI") Grant Program FY 2021 to the City of Miami and contiguous partners in the amount of$1 4,012,500.00. 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 procgrarn. 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 Sheriff's Office, the City of Coral Gables, the City of Coral Springs, the City of Fort Lauderdale, the City of Hialeah, the City of Hollywood, the City of Miami Beach, the City of Miami Gardens, the City of Miramar, the City of Pembroke Pines, the City of Sunrise, Miami -Dade County (Fire, Police and Emergency Management), Monroe County (Fire, Police and Emergency Management), Pafm Beach County Emergency Management, Pelm Beach County Sheriff's Office, the Village of Key Biscayne, and regional projects shared across the entire region that Include the members listed above as well as Florida Department of Law Enforcement, setting forth the parties' responsibifities In connection with the development and support of the UASI DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Program FY 2021, which is administered by the City of Miami Department of Fire - Rescue, fludsiet 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:$14,012.800.,00 Special Revenue Account No: , 11100,189000.431000.0000.0000Q 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 Attorney Office of the City Attorney Office of the City Attorney City Commission Reviewed By Ty McGann Johnny Duran May Garda Pedro Laoret Made Gouin Valentin J Alvarez Arthur Noriega V Thomas M. Fossler Barnaby L. Mln Victoria Mdndez Madcarmen Lopez Fire Department Review Fire Budget Review Fire Chief Review Budget Analyst Review Budget Review Legislative Division Review City Manager Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed 01/10/2022 11;24 AM Completed 01/10/2022 11:27 AM Completed 02/02/2022 10:54 AM Completed 02/03/20221;28 PM Completed 0210312022 3:24 PM Completed 02/03/2022 3:46 PM Completed 02/04/2022 8:24 AM Completed 02/10/2022 6:10 PM Completed OV10/2022 6:17 PM Completed 02/14/2022 8:10 PM Completed 02/24/2022 9:00 AM DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 City of Miami Legislation Resolution Enactment Number: R-22.0078 City Hall 3600 Pan American Drive Miami, FL 33183 www, miarn1lgovMom Pile Number: 11336 Final Action Date:2/2412022 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 FfRE-RESCUE, CONTINGENT UPON FUNDING OF THE PROJECT BEING SECURED. WHEREAS, the United States Department of Homeland Security ("USDHS") is authorizer 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 $14,012,600.00 ("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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 WHEREAS, in accordance with the UASI Grant Program FY 2021, the attached Memoranda of Agreements ("MOAs") with the contiguous partners of the City, including Froward County Emergency Management, Froward County Sheriff's Office, the City of Coral Gables, the City of Coral Springs, the City of Fort Lauderdale, the City of Hialeah, the City of Hollywood, the Clty of Miami Beach, the Clty of Miami Gardens, the City of Miramar, the City of Pembroke Pines, the City of Sunrise, Miami -Dade County (Fire, Police and Emergency Management), Monroe County (Fire, Police and Emergency Management), Palm Beach County Emergency Management, Palm Beach County Sheriff's Office, the Village of Kay 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 authorizerd1 to negotiate and execute any and ail 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 authorized1 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. Thls 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 end City Coda 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 sFsail become effective Immediately upon override of the veto by the City Commission. DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 APPROVED AS TO FORM AND CORRECTNESS: 2/1 CM22 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ATTEST: Todd B. Hannon City Clerk APPROVED AS TO FORM AND CORRECTNESS B Victoria Mendez City Attorney -IMF MID 22-50K For Contract No. R0521 THE CITY OF MIAMI, a municipal Corporation of the State of Florida By: Arthur Non -:a City Manager APPROVED AS TO INSURANCE REQUIREMENTS By: Ann -Marie Sharpe, Director Department of Ris}t/Management Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission}, which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. FUND TEE: Urban Area Security Initiative ("UAS}"} Grant Program FY 2021 RESOURCES: Department of Homeland Security i"DHS"} directly to the State of Florida Division of Emergency ivlanagernent {"FDFM") S14,012,500.00 APPROPRIATIONS: $14,012,500.00 £9817£34d£38S-3£88-170Lb-d006-3174S34£b:al adoIanu3 u6!Snooa DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Exhibit #1 Contract Number: R0521 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.1 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass -through entity considers a contract." As defined by 2 C.F.R. §200.1, "pass -through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal award." As defined by 2 C.F.R. §200.1, "Federal award" means "Federal financial assistance that a non -Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity." As defined by 2 C.F.R. §200.1, "subaward" means "an award provided by a pass -through entity to a Sub - Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass -through entity." The following information is provided pursuant to 2 C.F.R. §200.332: Sub -Recipient's name: Sub -Recipient's unique entity identifier: Federal Award Identification Number(FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass -through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub -Recipient by the pass -through entity: Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass -through entity: Contact information for the pass -through entity: Catalog of Federal Domestic Assistance (CDFA Number and Name Whether the award is R&D: Indirect cost rate for the Federal award: 1 of Miami Fire Rescue Itrifg uJz$ EM W-2021-SS-00056-S01 9/1/2021 — 08/31/2024 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 Merit. 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 97.067-Homeland Security Grant Program N/A 21.40% Do I cuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, ',eft headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), end City of Miami Fire Rescue, (hereinafter referred to as the "Sub.Reciplent"). For the purposes of this Agreement, the Division serves as the pase-through entity for a Federal award, end the Sub -Recipient serves as the recipierrt of a subaNard. THIS AGREEMENT i5 ENTERED INTO BASED ON THE FOLLOWNG REPRESENTATIONS; A. The Sub -Recipient represent that it 1s fully qualified and eligible to receive these grant funds to provide the services identified therein; B. The State of Florida received these grantfunds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement, THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200,302 provides, Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 21 5.971, Florida Stetules, entitled 'Agreements funded with federal or state assistance", applies to this Agreement. (2) WS i E EGatJ TI S PO GIE 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, title Agreement includes, I. A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. 11. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii, A provision specifying the financial consequences that apply If the Sub-. Recipient fails to perform the nrtiinimum 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, DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 vi, A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient Is entitled under the terms and conditions of the agreement must be refunded to the Division. a. In addition to the foregoing, the Sub -Recipient and the Division shalt be governed by elf 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) CONTACT a, In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of hlslher duties, the Grant Manager for the Division shall: I. Monitor and document Sub -Recipient performance; and, II Review and document all deliverables for which the Sub -Recipient requests payment, b, The Division's Grant Manager for this Agreement is: Chscida denKins 2§556 _nurnard task Souley_erd Tallatiassee. FJerlda 42399 Telephone: La50] 815-4,342 Email: ettandhi,Sen{cinscgein,mvfloride.,pom c, The name end address of the Representative of the Sub -Recipient responsible for the administration of this Agreement Is: Asst Fire Chief Robert Hevie 444 SW 2nd Ave 10th Floor Miami, FL 33130 Telephone. 305-416-5402 Fax, 305 00-5348 1~rnail; Robiievia@miamigov,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) TERicamp CONDITIQNS This agreement contains all the terms and conditions agreed upon by the parties. (5) EX CUTIQN This Agreement may be executed in any number of counterparts, any one of which nay be taken as an original, DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 (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 en 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 $14,012,540. d, As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, sinned 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: DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 (6) MODiF1CAT1t2 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) SORE 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. (I.) PERIOD OF AAREEMENL. 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. §2QOE1, 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 216.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only fors.Ilowahle costs resulting from obligations incurred during" the period of agreement. (9) FUNDl_lO a This is a post-reirrrbursementAgreement, subyecttothe 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 Chapter216, Florida Statutes, or the Florida Conatstution. 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 S14,012,800, d. As required by 2 C.F.R. §20Q.416(a), any request for payment under this Agreement must include a certification, alone. 1;ly an official who is authorizedlo ledairy bind the Sub -Recipient, which reads as folrowsi "By signing this report, l certify to the best of my ltnowiedge and belief that the report is tare, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and *actives 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 3729-373Q and 3801-3812)2 e. The Division will review any request for reimbursement by compering the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment B, that clearly delineates: DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 i. The required minimum acceptable level of service to be performed; and, The criteria for evaluating the successful corrtpletion of each deliverable. t. The performance measure required by section 216.971(1)(b), Florida Statutes, remains consistent with the requirement fora 'performance goal", which le 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. §2OO,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-Reolpient for overtime expenses In accordance with 2 C,F.R. §200.430 ("Compensation —personal services") and 2 G.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 G.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 few, Sub -Recipient -employee agreement, or an established policy of the Sob -Recipient. 2 C.F.R. §20a,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 -rebated leave, sick leave, holidays, court ivave, military leave, administrative leave, and other similar benefits, are allowable If all of the following criteria are met! They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, Including Federal awards; and, Al. The accounting basis (cash or accrue!) 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 accordancewith 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 oosts 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, i[. Participation of tee Individual in the travel Is necessary to the Federal award, DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against ail funds expended during the grant agreement period and produce a final reconciliation report. The final 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: I. Any payment that should not have been made or that was made In an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an inaiigibte party, any payment for an ineiiglbie good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. k. Any advance payment under this Agreement is subject to section 210.181(18), Florida Statutee. The amount of advanced funds may not exceed the expected cash needs of Sub - recipient within the first ninety (90) days of the terrn of this Agreement. If an advance payment is requested, the budget data on which the request is based, and a justification statement shall be int✓luded with this Agreement as indicated in Attachment E, Justification of Advance Payment. Attachment E must specify the amount of advance disbursement requested and provide an explanation of the necessity for and proposed use of the funds. (10)RECORDS a. As required by 2 C.F.R. §200.337, the Federal warding agency, inspectors General, the Comptroller General of the United Stetes, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts, Tree right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and disaussian related to such documents. Finally, the right of access Is not limited to the required retention period but lasts as long as the records are retained. b. As required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts, The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. 0. 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 consultants pad from funds under this Agreement, for a period of five years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: 1. it any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until a4i litigation, claims, or audit findings involving the records have been resolved and final action taken. 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. iii, Records for real property and equipment acquired with Federal funds must be retained for 5 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 SubµReoIpient. v> Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. mere there Is such a requirement, the retention period for the records pertaining to the earning of the program Income starts from the end of the non -Federal entity's fiscal year in which the program Income Is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allocation piano, 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 D,F.R, §20O.335, the Federal awarding agency must request transfer of certain records to Its custody from the Division or the Sub -Recipient when it detennlnes 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 the Sub -Recipient upon request. if paper copies are submitted, then the Division must riot 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. Wren original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic medic provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 G.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. DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 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 public boards or commissions must be open to the public; (2) reasonable notice of such meetings musk 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 envy 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 public 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 departrnent provides firefighting services to a governmental arty 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 governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be pubilely 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 publlc 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 -Recipient and for ell 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815.7871, Reeards a em.myflorida.com, or 2566 $humalyd Oak Boulevard, Tallahassee, FL 32399. (11)R p.4L a The Sub -Recipient shall comply with the audit requirements contained €n 2 C.F.R. Part 200.., Subpart F. b. to accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C,F.R. §200.1, GAAP his the meaning specified in accounting standard issued by the Government Accounting Standards. Board fGASE3) and the Financial Accounting Standards Board (FASB).' c, When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards (° AGAS".), As defined by 2 §200.1, GAQAS, „Mzo known as the Yellow Book, €means.generally accepted government auditing startdardh 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 tiaa funds disbursed were not spent In accordance with the conditiorts of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non- compliance, c. The Sub -Recipient shall have all audits con1pieted by an Independent auditor, which is. defined in section R1..97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state ti It the audit complied with the applicable provisions notedabove. The audit must be received by the Division no: later than .nine n ontf a from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies cif reporting packages for audits conducted in accordance with 2 C,F,R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: D MiSingleAuditcOeni.rny#iorida.corn Office of the inspector General 2555 Shuthard Oak Boulevard Tallahassee;. Florida 32399-2100 g, The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at rtt tharve #ee.c ns a.aav/facicoilecticideinde .it , h. The Sub7Pecipient shall send any management letter issued by the auditor to the Cl valor et the following. address; DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 DEM SingieAudieSem,myfiorlde.cnm Office of the inspector General 2555 Shumard flak Boulevard Tallahassee, Fiaride 32399e210O (12)REpaRTa e. Consistent with 2 C,F,R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a class -out report. These reports shalt Include the current status and progress by the Sub -Recipient and ail subcontractors In completing the work described in the Scope of Work and the expenditure cf funds under this Agreement, in addition to any other information requested by the Division. b. quarterly reports are due to the Division no later than thirty (30) days after the end of each quarter of the program year and shall be sent each quarter until submission of the close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The close-out report is due 80 days after ferminatlon of this Agreement or 30 days after completion of the activities contained In this Agreement, whichever first occurs. d. If all required reports and copies are rot 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 ir, Attachment B. (13)MONITORINQ a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other perforrnanoe goats 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, ilmlted scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. in the event that the Division determines that a limited scope audit of the Sub -Recipient Is appropriate, the Sub eRecipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate 10 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. in addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIASIl-I`fY a Unless Sub -Recipient le a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statute, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that It is not an employee or agent of the Division but is an independent contractor. b. As required by section 788.28(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 negligent or tortiaus acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768,28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies, Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) C)E,FAULT 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 terminals 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 lF: a Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them In timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur In the financial condition of the Sub -Recipient al 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 incorrect, incomplete or insufficient information; or, d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEO(ES 11 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 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 mail, 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, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 111. 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 will 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.F,R. 200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future awards. lithe 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 (17)1RMINATI( N a The Division may terminate this Agreement for cause after thirty days (30) written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for cause after rejecting an appeal submitted due to noncompliance, nariaotivity, and/or a lack of expenditures for four (4) consecutive quarterly reporting periods, c. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in Ilne with the further expenditure of funds, by providing the Sub -Recipient with thirty calendar clays 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, a 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 Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient, The Division may, Io 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)?ROCUR &ENT 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.t✓,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(l), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis far the contract price," c. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." in order to demonstrate compliance with this requirement, the Sub- Reclpient shall document, in its quarterly report to the Division, the progress of any and alit subcontractors performing worts under this Agreement. 13 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 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 CAN. §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 17tvislon a copy of any solicitation (whether competitive or non-competitive) at least ten (10) days prior to the publication or communication of the solicitation, The Division shall review the solicitation and provide comments, ff way, to The Sub -Recipient within seven (7) business days, Consistent with 2 G,F.R. §200.326, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§2O0,318 through 200.327 as well as Appendix 11 to 2 C.F.R. Part 200. Consistent with 2 C,F.R. §200.318(k), the Division will not substitrate its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division In order to publish a competitive sclicitatlon, 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 terns. 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 ❑tvision may: i. Terminate this Agreement in accordance with the provisions outlined In paragraph (17) above; and, fl, Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a)(1) or procurements by small purchase procedures pursuant to 2 G,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 compfiance with the procurement standards outiined in 2 C.F.R, §§200.318 through 200.327 as well as Appendix ll to 2 C.F,R. Part 2.00, Consistent with 2 C.F.R, §200,518(k), the Division will not substitute its judgment for that of the Sub-Recipiert. Willie the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies In the terms and conditions of the subcontract as welt 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 SubRecipient remains bound by all applicable laws. regulations, and agreement terms, II during its review the Division identifies any deficiencies, than the Division &hail oemrnunicate those deficiencies to the Sub -Recipient as quickly as possible within the seven (7) business 14 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 day window outlined above. If the Sub•Recpient executes a subcontract after receiving a communication from the Division that the subcontract is non -compliant, then the Division may: t. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, 11. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract, I. The Sub-Rscipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor !e bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shell hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. effected g. As required by 2 C.F.R. §200,318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of Interest and governing the actions of its employees engaged in the selection, award and administration of contracts," h. As required by 2 C.F.R. §200.319(b) contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests far proposals must be excluded from competing for such procurements. The Sub -Recipient or pass-thru entity must disclose to the Division, in writing, any reel or potential conflict of Interest that may arise during the administration of the federal award, es defined by federal statutes or regulations, or their own existing poilaies, 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 relatlonehie, business relationship, or professional relationship, with a recipient or subrecipient. i, As required by 2 C.F.R. §200.34 9(e), the Sub -Recipient shall conduct any procurement under this agreement In a manner providing Sufi and open competition.' Accordingly, the Sub -Recipient shall not: i. place unreasonable requirements an firms in order for them to qualify to do business; companies; contracts; equivalent; ii. Require unnecessary experience or excessive bonding; Lisa 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; vi. Specify oniy a brand name product without allowing vendors to offer an 15 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34663 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; vtil, Engage in any artitrood action doting the procurement process; or, k. Allow a vendor to bld on a contract If that bidder V4/98 involved with developing or drafting the specifications, requirements, statement of work, Invitation to bid, or request for proposals, "[Ellxceptn those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. i2pQ.319(c), shall not use a geographie. preference when procuring commodities or services under this Agreement. k. The Sub -Recipient shall conduct any procurement involving Invitations to bid sealed bids) in accordance With 2 C.F R. §200,320(b)(1) as well as section 287.C57(1)(a), Florida Statutes, 1. The Sub -Recipient shall conduct any procurement involving requests tor proposals competitive proposals) in accordance with .2 C,F.R. §200,320(b)(2) as well as sealon 2.87,067(144, Florida Statutes. fir. For each subcontract, the Sub -Recipient shall provide inforrnation to the DiVizion as to whether that subcontractor is a minority business enterprise, asdefined St1on'2&3.70Z, Florida StatuteS On the rOquired Procurement Method Report (Form 5). Addifiona4, the Sub-Recipleni shall comply with.the requirements of 2 C.F.R. §200.32.1 (Corttracting with email and minority businesses, women's business enterprises, and labor surplUs area. firrits"). n, FNMA has developed helpful resources for Sub-Rodpients using federal grant funds for procurements, These.resources are generally available at Ztpjewww.ferrie,qovjgrauts,iprocurpzW, FE11/1A periodically updates this esource page so please check back for the latest Oformation. Wtrife not all the provisions discussed in the resources are applicable to this subgrant agreernent, the Subi•Reciplent may find these resources helpful when drafting its tion and contract far compliance with the Federal procurement Standards outlined in 2 C.r.R, 2OO1Bibrough. 200,327as well as Appendix II to 2 C,F.R. Part 200. (19)ATTACH4ENTS. ANCLEXHIBiTS a. Alt attachments to this Agreernent are incorporated as if set out fully,. b. to the event of any inconsistencies or conflict between.the language of this Agreernent and the attachments, the language of the .attachments shall control, butcrity to the extent or the coact or inconsiSiency. c. Thie Agreement has thefollowing attachments: Exhibit. 1 - Funding Sources Exhibit 2 —Certification Reganding. Telecommunications ord. Video Restrictions DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Exhibit 8 Certification Regarding Lobbying iv. Attachment A — Program Budget v. Attachment 0 — Scopes of Work vi, Attachment C — Deliverables and Performance vii, Attachment D — Program Statutes and Regulations vfil. 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 le — Statement of Assurances xil, Attaohrnent I — Mandatory Contract Provisions Attachment J -» Financial and Program Monitoring Guidelines xiv. Attachment }{ w El-IP Guidelines xv. Attachment L — Reimbursement Checklist (20)PAYME 4TS 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 Managernent and Budgeting, the State Chief Financial Officer or under subparagraph (S)b. of this Agreement, ail obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shalt submit its closeout report within thirty days of receiving notice from the Division_ b Invoices shati be submitted at feast quarterly and shall include the supporting documentation for all casts of the project or services. The fine! 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, Ali advances are required to be held in an interest -bearing account. if an advance payment is requested, the budget data on which the request is 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 paid prior to the submittal of a request for advanced payment. After the Initial advance, 'sf any, payment shall be made on a reimbursement basis as needed. 17 j DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 (211REPAYMENTS 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", end mailed directly to the following address: Division of Emergency Management Cashier 2555 Shurnard Oak Boulevard Tallahassee FL 32399.210O b. In accordance with section 215.34(2), Florida Statutes, tf e. check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15,00 ar 5% of the face amount of the returned check or draft, whichever Is greater, 127.1 iANDATEE CONDITIONS a, The validity of this Agreement is subl ct 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 arty submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws piths State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement its in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and voidto the extent of the conflict, and shall be severable, but shall not Invalidate any other provision of this Agreement. c, Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement, d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-338, 42 U.S.C. Section 12101 which prohibits discrimination by public and private entities an the basis of disability in employment, public accommodations, transportation, State and !cacao 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 dissrirninataru vendor fist may not submit a bid an a contract to provide any goods or services to a public entity, may not submit a bid an a contract with a public entity for the construction or repair of a public building ar public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, ar consultant under a contract with a public entity, and may not transact business with any public entity in 18 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 excess of $25,000.00 fora period of 36 months from the date of being placed an they convicted vendor list or on the discriminatory vendor list, f, Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of Its knowledge and belief, that it and its principals: !. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; Have not, within a five-year period preceding this proposal been convicted of or had a civil iudgment rendered against them for fraud or a crlminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; vioIat'san 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; 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 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 to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Susperasinat, ineligibility and Voluntary Exclusion" (Attachment CO for each Intended subcontractor -which Sub. Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. 1, The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to ail 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 knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")!, The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA, Such violation by the Sub -Recipient of the employment provisions t9 1 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division, I. Section 287.06805, 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 tc the amount of state funds provided for at least 5 years from the date of purchase or the completion of the Improvements or es 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 es 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)LOBBYJNG PROHIBITION a. 2 C.F.R. §200.45O prohibits reimbursement for costs associated with certain lobbying activities. b. Section 2'I6.347, Florida Statutes, prohibits l'any disbursement of grants end 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: 1. 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 yr 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 dare( 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. i'i. If any funds other than Federal appropriated funds have been paid or will be paid to any person far influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an ernpioyee of a Member of Congress in connection with tills Federal contract, grant, loan or cooperative agreement, the Sub -Recipient ahall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 20 I DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 The Sub -Recipient shall require that this certification be inoluded in the sward documents for all subawards (including subcontracts, subgrsnts, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. Iv, This certlficatiort is a materiel representatIon of fact upon which reliance was placed when this transaction was made or entered into. aubmiselon of this certification is a prerequisite for making or entering Into this transaction unposed by Section 1352, Tine 31, U.S. Coda Any person who fails to file the required certifloatior snail be subjeoot to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, v, if this subgrant agreement amount Is $100,000 or more, the Sub -Recipient, and subcontractors, as applicable, shag sign Attachment M — Certification Regarding Lobbying. (24)clf'YRLGHT, FlATTi4T AND TRADEMAKli 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 ALI- COPYRIGHTS ACCRUING UNDER Oil IN CONNECTION WITH T3-ti PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT ro THE STATE OF FLORIDA. s. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain aft 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 snail 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 shelf 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-Recipierit 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 ar copyright. The Sub -Recipient shall retain ail rights and entillements 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 perfoteriance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall became the sole property of the Sub -Recipient_ in the case of joint inventions, that is Inventions made jointly by one ar more employees of both parties hereto, each party shall have an equal, 21 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 undivided Interest In and to such joint inventions, The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (26)LEGAL AUTHORIZATION The Sub -Recipient certifies that It has the legal auth❑rily 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- Reaiplent to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a, in accordance with 41 C,F,R, §60-1,4(b), the Sub -Recipient 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 60, which is paid for in whole or In part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, Insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: I. The contractor 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 forme 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. IL The contractor will, in ail solicitations or advertisements for employees placed by or an 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, 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 ❑f such employee's essential job 22 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formai complaint or charge, in furtherance of an Investigation, proceeding, hearing, or Bonin, 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 Ile 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 snail post copies of the notice In conspicuous places available to employees and applicants for employment. v, The contractor wilt comply with all provisions of Executive Order 11246 of September 24, 1965, and at the rufos, 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, 1965, 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 es 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. viii. 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 wiii take such action with respect to any subcontract or purchase order es the administering agency may direct as a means of enforcing such provisions, Including sanctions for noncompliance: Provided, however, that in the event a oontre.ctor becomes involved in, or is threatened with, litigation with a subcontractor or vendor es a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect tJie 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 opportunity clause le not appiicableto any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that It 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 ref 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 egress 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 construction contracts pursuant to the Executive order and will carry out such sarsct3ons and penaltiee for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or In part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance hes been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COP1;LAND ANTI-F i,C;KBAC.K ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will Incorporate er cause to be incorporated into any contract for construction work, or modification thereof, the following clause: I. Contractor, The contractor shall comply with t8 U.S.C. § 874, 40 U.S,C. § 3145, and the requirements of 29 C.F.R. pt, 3 as may be applicable, which are incorporated by reference into this contract. il. Subcontracts, The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Breach. A breach of the contract clauses above mey be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C,F.R. § 5.12. (28)QQ,NTRACT WORK HOURS AND SAFETY STANIIJARDS, 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 must include a provision for compliance with 40 U.S.C. 3702 and 3704, es supplemented by Department of Labor regulations (29 CFR Part 5), Under 4R 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 et 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 articlee ordinarily available an the open market, or contracts for transportation. (29)Q EAN AIR ACT AND THE FEDERAL WATER pOLLUT[_ON CONTRQL 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 ell applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C, 7401-7071 q) and the Federal Water Pollution Control Act as amended (33 U.S.G. 1251.1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30) USPEI S1QN ANtD DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters Into a contract, then any such contra/di must include the following provisions: 1. 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 C.F.R. § 180,940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply wEth 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 relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt, 180, subpart C and 2 C.F.R. pt. 3000, subpart C. in addition to remedies available to the Division, the Federal Government may pursue available remedies, Including but not limited to suspension andlor debarment. iv, The bidder or proposer agrees to comply with the requirements of 2 G.F.R. pt. 180, subpart C and 2 C.F.F. pt, 3000, subpart C while this offer le 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 l DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 (31) BYRD ANTI -LOBBYING 6MENDML If the Sub -Recipient, 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 § 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 will not end 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.G. § 1332. Each tier shall also disclose any lobbying with non Federal funds That takes place In connection with obtaining any Federal eward. Such disclosures are forwarded from tier to tier up to the recipient. if the Sub -Recipient enters into a contact with a subcontractor for an award of $100,000 or more, the subcontractor shaft sign Atta trment M —Certification Regarding Lobbying. 132LgONTR6CTiNG WiTH SMALL AND 2IIINQRiTY $USJNIaSSES, WOMf N'$ i3USINESS ENJ RPRISBS, AND LABOR StJRpLS ARE2, FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C,F.R, §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and [abor surplus area firms are used yin enever.pQsibie: I. Racing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited wherever they are potential sources; Dividing total requirements, when economical; 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 rengirer entLperruaits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services end assistance es appreprlate, 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 subparagraphs. b. The requirement outlined in subparagraph a, above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. 26 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 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"). (33) ASSURANCES The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WETNESS WHEREOF, the parties hereto have executed this Agreement. SUBS CIPIENT: CITYO MIAMI FIRE RESCUE By: !. Name and Title: Arthu Norie s. Cit Mena er Date: FID# 8� 375 H signing electronically: By providing this electronic signature, i am attesting that I 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 t confrrm that this electronic signature is to be the legally binding equivalent of my handwritten signature and that the data on this form is accurate to the best of my knowledge. STATE OF FLORIDA DIVISION . EMERGES Y M NAGEMENT By: game and fj" K-vin 0 thrie Dir- K r Date: I 27 ` DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 EXHIBIT --1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT' Federal Program: HOMELANPJ ECURITY G RANT PROGRAM Federal Agency: e a Catalog of Federal Domestic Assistance title end number:97.07 Award amount: S 'f 4, 12,5QO.QQ THE, FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Federal Program; DEF„, A� E ECURITY GRANT QFMRAM List applicable compliance requfreme► is as follows: 1. Sub -Recipient is to use funding to perform activities as identified FY 2021 Department of Homeland Security Nance of Fund ng Opportunity. 2. Sub -Recipient is subject to all administrative and Mande( requirements as set forth in this Agreement or will not be irl compliance with the terms of the Agreement. 3. Sub -Recipient must comply with specific laws, rufea, or regulations that perEain to how the awarded resources must be used or how eligibility determinations ere to be made:. NOTE: 2 C.F.R. Part 200, and section 216.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included }n Exhibit '1 be provided to the Sub -Recipient, DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 EXHIBIT -- 2 Certification Regarding Telecommunications and Video Restrictions Effective August 13, 2020, DHS/FEMA Sub -Recipients, as weir 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, Of enter Into a contract to procure ar 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; ar 2. Enter into, extend or renew contraots with entities that use or provide, as part of its performance of this agreement or any other contractual instrument, any equipment, system, ar service that uses "covered telecommunications equipment or services" as a substantial or essential component of any system, ar 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. 118-232 (2Q18), and 2 C.F,E . § 200.216. Sub -Recipients may use DH51FEMA 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 NOFD, DHSIF EIMMA will publish additional guidance in a subsequent information Bulletin or similar notice Per section $89(f)(2)-(3) of the FY 2019 NDAA, covered telecommunications equipment or services means: 1. Telecammunicaticans equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such Entitles); 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 Hytere Communications Corporation, Hangzhou Hlkvision Digital Technology Company, or Dahua Technology Company (ar any subsidiary or eif'iiiate 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 Bub -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 7 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. Buts-RecIplenf: C1TY OF M1AM1 FIRE RESCUE Ely: Date: ArthurPprieua, City Manaier Printed Name and Title if signing oiectronically: By providing this electronic signature, 1 aril attesting that 1 understand that electronic signatures are legally binding and have the same meaning as handwritten signatures. I am also confirming that internal controls have been maintained, and that policies and procedures were properly followed to ensure the authenticity of the electronic signature, This statement 0 to certify that 1 confirm that this electronic signature is to he the Iegaiiy binding equivalent of my handwritten signature and that! understand that it is my responsibtflty, on behalf of the organization, to ensure that we adhere to these restrictions. DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 EXHIBIT — 3 CERTIFICATION REGARDING LOBBYING Chock the appropriate box: 1g This Certification Regarding Lobbying is required because the Contract, Grant, Loan, ❑t Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R, Part 200, Appendix II(i); 31 U.S.C, § 1352; and 44 C.F.R. Part 18. 0 'This Certification is ad required because the Contract, Grant, Loan, or Cooperative Agreement will be lass than $100,000, APPEND, 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 ar her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any parson for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any 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 en officer or employee of any agency, a Member of Congress, an officer ar 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 chatl require That the language of this certification be included In the award documents for all subawards at all tiers (including subcontracts, subgrents, and contracts under grants, loans, and cooperative agreements) and that ail subrecipients shall certify and disclose accordingly, This certification is a material representation of fact upon which reliance was planed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sup -Recipient or subcontractor, _City of Miami , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. in addition, the Contractor understands and agrees that the provisions of 31 U,S.C. 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 Norlepa, City Homier Name and Title of Sub.Recipientlsubcontractor's Authorized Official Date 31 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34663 ATTACHMENT A Program Budget Below is a general budget which outlines eligible categories and their allocation under this award. The Sub, -Recipient is to utilize the "Program Budget" as a guide for completing the "Budget Detail Worksheet" below. The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. The list consists of 21 equipment categories divided into sub -categories, tertiary categories., and then individual equipment items. The AEL can be found at http://www.fema.goviauthorized-equipment-list, 'Me &an r of lends betweisr the categories listed in the 'Program Budget and Scope of WokI pertnittect However, the inmsfer of funds brAtV/00-11 isedes is strictly prohibited,. FY 2021 State Homeland Security Grant Program — Urban Area Security Initiative Issue #46 City of Miami Fire Rescue Award Allocation — iesue 46 $14,750000.00 Stale Management & Administration withheld 5% $737,500.00 Expendable Award Allocation after 5% reduction 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. Management and Administration (the dollar amount which corresponds to 4% of the total local agency allocation is shown In the column on the right). 32 $14,012,600.00 $3,687,500.00 $560,500.00 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 BUDGET DETAIL WORKSHEET The Sub -Recipient is required to provide a completed budget detail worksheet, to the division, which accounts for the total award es described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", after the execution of this agreement, contact the Grant Manager listed in this agreement via email or letter. Allowable Planning Costs Quantity Unit Cost Total Cost IJ 1 Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, response, and recovery activities - Developing and irnplernenting homeland security support programs and adopting ongoing DHSIFEMA national initiatives l Developing related terrorism and other catastrophic event prevention activities 1 ry _ 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) Cybersecurity - Planning, Training and Exercises (Planning); Line item 2021-01 1 $73,497.00 $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 $62,549.00 $ 2,sa9.00 4 Cross Cutting — Planning (PTE to include Planners and Consultants) 1 $1,5013,967.00 $L508,967.DD0 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 32 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 NIIII 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 far public information/education and development of volunteer programs Update governance structures and processes and plans for emergency communications 11111111111 II Development, and review and revision of continuity of operations plans Development, and review and revision of the THIRAISPR continuity of operations pions TOTAL PLANNING EXPENDITURES $1,764,339.U4 1 Allowable Organizational Activities (NSGP and LETP) Quantity Unit Cost Total Cost 1J # Program management Development of whole community partnerships Structures and mechanisms for information sharing between the public and private sector Implementing models, programs, and workforce enhancement initiatives 1111 Tools, resources, and activities that facilitate shared situational awareness between the public and private sectors 11111111 Operational support 32 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Utilization of standardized resource management concepts Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (up to 50 percent of the allocation) ST/CP — Interdiction and Disruption (Operational OT for FEMA approved events; Line item 2021-02 1 $5,000.00 $5,000.0a Overtime for information, investigative, and intelligence sharing activities (up to 50 percent of the allocation) Hiring of new staff positionsIcontractorsiconsultants 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 & I — Fusion Center5 Analysts; Line item 2021-03 $57,500.00 $287,500.00 3 Cost of migrating online services to the ",gov" domain TOTAL ORGANIZATIONAL EXPENDITURE$ $582,500.00 Allowable Exercise Costs Quantity Unit Cost Total Cost IJ # Design, Develop, Conduct and Evaluate an Exercise Full or Part -Tine Staff or Contractors/Consultants — Full or part-time staff may be hired to support exercise -related activities. Payrnent of salaries and fringe benefits must be in accadence 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 applcable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR must be followed. 32e, DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Cybersecurity Planning, Training and Exercises (Exercises); Line item 2O21-01 $30Cf,044.4{} $30d,fldd.dfl r 1 Response — Public Health, Healthcare and EMS (Development of Closed POD Exercise and Training Video); Line item 2021-14 1 S75,515.00 $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 (Le., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). Supplies — Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise projects) (e.g., copying paper, gioves, tape, non -sterile masks, and disposable protective equipment). Interoperable communications exercises Activities to achieve planning inclusive of people with limited English proficiency EXERCISE EXPENDITURES Cluantity TOTAL $375,515.00 Allowable Training Costs Unit Cost Total Cost 13 # -, Overtime and backfill for emergency preparedness and response personnel attending DHSIF'EMA-sponsored and approved training classes 1 32)1 oocuoignEnvelope ID: 43oF5c4�0CA-4704-8s3E-58F3ADe34s63 Overtime and backOUexpenses for and volunteer emmr0antyresponse personnel participating /oDHS/FEMA training � , ------------------- ------------------`------` Training Workshops and Conferences --.............. ...... --' — — -----------'— ---- kjmch\w oe—"wit---- disabilities and others with ememoand functional needs and limited English proficiency ----- -------'--- Full orPart-Time Staff orContractors/Consultants Cyb*xwewmMty—P\mnn!ng�Tx��bm0mm���nr�\mmw ' L�Item Z021-81 1 $31$,293.00 $313,28*.00 1 Travel ---- ` Supplies are Items that are expended nrconsumed during the course mfthe planning and onndpttofthe exercise projwnt(x)(y.Q.,cupftgpaper, gloves, hap6'non-wbahle masks, and disposable protective eqV|pment). ' ' !mdnxn*oro«mt8ua8on/re-cortiyfomdon Coordination with Citizen Corps {omnciis\nconducting |ntanopenshlecommunications training .. Activities boachieve training inclusive people with limited English profiraiency' Immigration enforcement tn�iinlrtg DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Eligible Equipment Acquisition Costs The table below highlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment categories, and specific equipment eligible under each category, are listed on the webs -based version of the Authorized Equipment List (AEL) at http;liwww.ferna.povlauthorized-equiprrment-fist. Quantity Unit Coat Total Cost issue Personal protective equipment Emergent Threats - On -Scene Security, Protection and LE Gas Masks); AEL #01AR-02-APR; Line item 2021.05 10 IF691,OQ '$fi,91Q.00 5 Response - On -Scene Security, Protection and LE (Ballistic Protection); AEL #01LE-01-HLNMT, 01L£-01-ARMR, 01LE-01- SHLD); Line item 2021-13 1 $226,218.Q0 $226,218.00 - 8 Explosive device mitigation and remediation equipment Emergent Tnreats - interdiction and Disruption (Bomb Suits/Ban► 3 Robots); AEL #42PE-04-BSUT and 02EK-02-RBTL; Line item 2021-05 1 $135,000.00 $135,004.00 5 1 CBRNE operational search and rescue equipment L. Cybersecurity - Analysts' Equipment, AEL #051-iS-00-MALW, �r 058S-00-PFWL; 05HS-00-FRNS; 041-1W-01-INHW and 19GN-00- BGPIt; Line item 2021-01 2 $5,000.00 $10,000.00 1 COVE - Screening, Search and Detection (Regional LPR Initiatives); AEL #030E-01-AI..PR, 04AP-02-AVLS, 131T- 00-INTL, 13LE-00-SURV, 21GN-00-INST, 21GN-00-CNS7 and 21GN-00-SHIP; Line item 2021-04 1 $1337,448.00 $837,448.00 4 $34,325.00 5 Emergent Threats - On -Scene Security, Protection and (NVG); AEL #030E-02-T1LA; Line item 2021-05 1 $34,325,00 -LE Response - Mass Search and Rescue (TRT Enhancements, Tablets, Thermal Imaging Cameras); AEL #030E-01-CTAC, 030E-02-TiLA, 01 AR-01-SAR, 04HW-01-INHW, 21GN-GO-SHIP; Line item 2021-12 1 $1$4,412,00 $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 Intormation technology Si1CP - Intelligence and Information Sharing (Video Walls and Covert surveillance Technology); AEL #04HW-01-It4HW, 04MD- 01-VCAM, 04SW-04-NETW, 04SW-05-SCAR, 04MD-03-DISP, 12TR-02-TEQP, 030E-02-ROVL, 131T-00-it1TL, 21Gh1-00-1NS7 and 21GN-00-OCEQ); Line item 2021.02 1 $995,341.00 r $995,341.00 2 intelligence and info Sharing - I & I - (RTCC EnhancementNidea Display); AEL #04MD-01-IDISP, 21GN-00-1NST; Line item 2021-03 1 $29,934.00 $29,930.00 3 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34663 CDVE. - Planning (V1R Counter Terrorism Training S stem); AEL 1104AP-0B-SIMS; Line item 2021-04 1 $170,000.00 $178,000.00 4 Cross Cutting - Operational Coordination (WebE0C); 04AP-0S-CDSS, 04AP-03-GISS, 048W-04-NETW, O4AP- 02-AVLS 1 $266,0N.ile $255,000.00 6 diiii'660-iiiy.'fifih4ddiiiiiikrW080:**eit, i---_.., :.•', •,:,, -, . • • • .- •••:, .... , ., - ----r------] itt.,0*,ki:-:fi.i'4.0)0.6.*0040101,.4..,:1:.:'1;,;:`:Ni,?;%;a•.',.::;:'•.; ."1::c1- '.•..,-,''::''.:1:::',:!::';'-'''.....;:i•::•"-;.•(,,,_ , Emergent Threats - Operational Communications (Mlerowave Downlink); AEL #06CP-03-MWAV; Line item 2021-05 1 $291,000.00 $291,000,00 Response - Operational Communications (Repeaters, Radios, Sat phones)radlos, Cellular Corns Kits, Overlay AEL t$46CP- 01-BASE, 06CP-02-BRDG, 06CC-03-SATM, 06CP-01-PORT, 0DOC-02-0SA.D, 21034-00-TRNG, 06CP-)1 -PORT, 06CP-01- REPT, 06CC-03-SATB, 030E-01-CTAC; Lino item 2021-15 1 $703,464.00 $703,48/100 9 .-*liiwotiqook:zix.f.;,.;':::;g;Wr:'::'„,.t•',:i - , ,,,,,,... -. ,.., 1; • ' • .., .;`::•-• :'.::.."''':•''..,:--, ;:, • '.' ' ., Emergent Threats - Scrsening,'Search and Detection (Hazrnat Detectors, Monitors, Meters); AEL #07CD-01-0PMG, 07BD-01- !MOE, 07ZZ-00-NCR, 07RD-02-PRDA, 07CD-01-0P3C, 07CS- 01-KAVC, 07CS-01-KLCS and 13SC-00-P11/10N; Line item 2021- '1 $358,735.00 $358,735.00 5 • 7c1-'7,71 .„ te 1fi:l'i!4010001''-'l':?..-' -':.k;;'-C.:/!.'::',-:T'!?g'.;'.rV-::;:',:',',,,:..K.'2,:,i". ' 7A0.014.00,N414,1e,.h11=.?:;'' '';'.''',,' . , :',..; i:'-::::.':.;,,'',-:'•:.• ':',''!' , ,. 01:04:j4iiii4fAiii***g 7P640-10-jOir:!!?;•?g:;W'''.,1:C`'4';''r.1r;:'''.:.'.••••)...,:-?.',...:o ._ : , ',',,..''..; T: f,•r;:r '.,' ', ;4 '''''.'. ' Response - Logistics and Supply Chain Management (Generators, Power Cells, Shel(er); AEL #10130.00-SOLR, 10GE-00-GENR and 19SS-00-31-bEL.; Line Item 2021-11 1 7 $433,353.00 $433,355.00 8 (;'Jr IRe**ite*Wifohaisie.- ., A :.,, -..,.., ., CSRI44i'NOdiki - - ' 'v. - - --- . • , 5 Emergent Threats - Critical Transportation (MC1 BusiM1.1); AEL #12VE-00-ABUS; Line Item 2021-05 1 $083,861.00 $583,961.00 Emergent Threats - Environmental Response, Health and Safety (Hazmat Trailer/Equipment); AEL #12TR-00-TE0P, 010E-04-ENSM, DIC13-02-Et4S941, O1NIT-02-FTWR, OWT-02- GARM, OlVT-02-GLOV, 01.2A-04-HEAR, orco-oi•DPGC, 012A- 02-FTWC, 07CD-04-DCSO, 01SP-02-ETWR, 07CD-01-DPFI, OISP-02-GLOV, 07CD-01-DPPI, 41AR-02-APR, 01AFi-D2APRC, 04AP-02-0APT, 07CD-01-KLSV, 0 lAR-01-SCBT, 0802-01- WolVCD, 030E-02-TILA, 0802-02-EDCS, 0802-03-10EW, 19G14- 00-COMP, 0802-04-S0LN, 11Fts-00.REca, 07R0-42-111-ISM and 030E-03-CACS; Line item 2021-05 1 $114,133.00 311 4,1 30,0D 5 32 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34663 Response — Critical Transportation; AEL 12VE-00-MISS; Line Item 2021-10 1 $/80,121.06 $780,121.00 8 • :4r:800i6ciiii':WOOKf0WgiiiifOh*rit);':':'':::V:il:..!''''? - ''''...V...''',v , .,:r?''':•r;:'•-.!;'-:..,-.f.' ',";•:.,,•.:.:;',...-;...,-....:i- Inteelilgence and Info Sharing — I & 1 — (Forensic Video Covert Streaming System); AEL #13LE-00-SURV, 04IVID-03-DISP, 04HVV-01-INNW and lOGE-00-GENR; Line Item 2021-03 4 $134,088,00 $134,058.00 3 CybersecurIty POOP Projects), AEL #1461-01-COOP, Line Item 2021-01 1 $77,000.00 $77,000.00 1 ST/CP (Accese Control to include Election Security); AEL #14SW-01-PACS and 21GN-00-INST, Line item 2021-02 1 $260,000.00 $250,000.00 2 ST/CP (Physical Protective Measures — CCTV, Bollards); AEL *14SW-01-VIDA, 14SW-01 -WALL, 21 GN-00-INST, 04M0-03- DISP, 210N-00-MAIN, 04HVV-01-INHW) 1 $1,389,124.00 $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 $330,000.00 $330,000.00 3 Response — Communications (Backup Ethernet); AEL 14SW- 01-COOP; Line Item 2021-16 1 $20,000.00 420,000.00 9 "'.1niPSCiOn:and:.Screenlnitystems, . --.4')!Tiiil':qi&4.:A8 Fixe:fpn;04,01'11)104030.L...... OBR 4 ' Proventior 40-,Wiiiiiitadiit",,*;.,:,. v.•.,1. „,,,...,,--1 , . :1,.-::-;:f-11,i.ig,,,,,..,!.,-.,,*,.... ,.,,...:,i,...,,,-,„,!: . ;;; , Response — Mass Search and Rescue (Fireboat), AEL #17VVHC- 00-BOAT, 21GN-00-TRNG; Line item 2021-12 1 sty3,7g5.00 $173,755,00 8 • CBON.E0*.Orittoil etik10•1315.ortsq:LiiirtiOtin.0•Ajrciaft ' ': CiiikkEfAvfoiloi-igtturpoOht tr fiiiW Citikiii4ii 7 ' :..:. ,, ,, .1;4:','',.S.: 1 . $1000..60*.$001*,, Ter k (0040146*0040;k400iii....; Ciiii.calremeitericy 'supplies : • • 1 T—--- 741:61,A..,,ottOtt_t1P0910s0A0-101r-100q0.*DK:O, ' to.0011*Ori*:-. 10:000 In -0.0300y:WittOo0o-pvtgo.4.4.)bo :?:., 1,4000E________, i$I$Y.IL..,triji4.6toiitiroittlir-Aet.060:4:.iii',4000456),,:.:7,:!, '..-:'', T:,,,,,...f!,f,T.:,:::;:.:. 1 :':,.-;. 4i!,,7.:.-,:i.',;!?;:4:::.',:';..1.:4:' E:!::;•., Intelligence and Information Sharing — I &I— Fusion Center Operations; AEL #210N-00-0CEQ; 041-1W-01-INHW; 13IT-00- INTL, 13IT-00-ALRT; Line item 2021-03 1 $270,000.00 $270,000.00 3 32 g DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Cross Cutting - Operational Coordination (EOC Enhancements); AEL #21GN-00-OCEO, O6CP-05-VCON, 06CP- 01-PORT, 04MD-03-DISP, 04HW-01-HI-ICD 05PM-00-PTCH, 06CC-03-SATP, 06CC-03-SSAT#3, 06CC-04-SADS, 08CC-01- CELL, 14SW-01-PACS, 14C1-00-COQP, 21GN-00-INST, 04HW- 01-CASL, 04HW-01-INHW and 21GN-00-1NSST; Line item 2021- 07 1 $505,600.00 $505,6600.00 6 Mitigation - Community Resilience (Citizen Corp/CERT); AEL #21GN-00-CCEQ, 04AP-0B-SIMS, 06CP-01-PORT; Line item 2021-08 1 $497,893.00 $497,893.00 7 Mitigation - Long Term Vulnerability Reduction (Maintenance/Sustainment of Equipment); AEL #21GN-40- MAIN; Line item 2021-09 1 $148,750.00 $148,T50.00 7 CJ'3i.r$ TOTAL EQUIPMENT EiiMange ment arid ACtimioi5 teatoll Oasis y' s'; EXPENDITURES Qi1 entity 1 i..n'1.Cost $10,400,353.00 rotal Cost Hiring of fufl-time or past -time staff or contractors/cansuitant5: 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 $510,600.00 $510,500.00 Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data cafes 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 8ackfili" are defined as expenses from the resuit 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 backfiif expenses are the result of an increase of Fullµ Time Equivalent (FTEs) employes. Travel expenses _ M&A Travel, Line item 2021-17 1 $20,000,00 $20,000.00 Meeting -related expenses 32' DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34663 Authorized office equipment: including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strate_gL Office Supplies, Line Item 2021-17 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 Rrograms within the grant program. Recurring Expenses, Line item 2021-17 32 TOTAL AWARD EXPENDITURES DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34663 ATTACHMENT /3 SCOPE OF WORK SO-Redpiants mutt comply with Wthe requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). 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 — issue 45: The Urban Area Security initiative (UAS) has allowable Management and Administration (MIA) costs associated with it. The Division of 'Emergency Management, as the Oesig.hate4 State Administrative .Agency, wilt retain five (5) percent of the totpl UASI amount allocated to Florida for M&A purposes. These funds will provide the SAA with the means to manage and administer the UAS1 grant. The proper manageMent and administration of these funds ensures that each project listed will be fulfilled., or partially tailed, more affidontly Whiie remaining in com.pliance with the DHS. Federal Fiscal Year.2021 Homeland Security Grant Program Guidance. U. Categories and Eligible. Activities FY 2021 allowable costs art 'divided into the following categories for this agreement. Planning, Organizational, Exercise, Treining, Equipment and Management and Administration. Each ategory's allowable costs have been listed in the -"Budget Detail Worksheet' 'above. A. Allowable Planning Rotated. Costs HSGR•fundemay be used for a range &emergency preparedness and management planning activities such asthose associated with the development review, and revision of tile THIRA, SPR, continuity of operations.plaria, and other planning activities that support the Goal and placing an emphasis on updating and melritaining a current EOP that conforrbs to the guidelines otitlined in. cm 1/.2,0. d Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, response, arid reery activities; # Developing arid implementing homeland security support programs. and adopting DHSIVEMA national initiativw • Developing related terrorism"and other catastrophic vent, proverfth activities; O Developing and enhancing pfans.and protocols; • oevoiopirt9 or conducting assosementz; O Hiring of fall -or part-time staff or contrect/consUltants to assist with planning. activities (notfor the purpose of hiring ptibia Safely personnel fulfilling traditional pubticsafety duties) • Materials.required to conduct planning activities; • Travel/per diem reipted to planning pCtiVttJe8; 0: Overtime and backflll costs (in accoridetze with operational Cost Gaid.ance); * lesuanca of WHITicornpltant Tribal identification card; i ACtivitles to achieve planning inclusive of people with disabilities and others with accessand functional needs; •tit, Coordination with Citizen. Corps Councils for p.ublio infortation/education and development of volunteer programs; • Update governance structures and processes and piens for emergency communications; # Development, and review and revision of continuity of operatiOne piaw; o DevelOprnent, and review and revision. of the THIRAISPR continuity of operations plans; and • Activities to achieve. planning inclusive of people with limited English proficiericy, 38. DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 B. Allowable Organization Related Casts (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 vioisnce 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 an incident; • Responding to an increase in the threat level under the National Terrorism Advisory System N1-AS) or needs resulting from a National Special Security Event; • Migrating online services to the ".goo" Internet domain; and • Paying salaries and benefits for personnel to serve as qualified Intelligence Analysts. Per the Personnel Reirnbureement for Intelligence Cooperation and Enhancement (PRICE) of Homo}and Security Act, Pub. L. No. 110-412, § 2, codified in relevant part, as amended, at 6 U.S.C. § 609(a), HSGP and UASI funds may be used to hire new staff andlor contractor positions to serve as Intelligence analysts to enable Information/Intelligence sharing capabilities, as wail as support existing intelligence analysts prevlously covered by HSGP or UASI funding. See 6 U.S,C, § 609(4 To be hired as an intelligence analyst, staff andlor contractor personnel roust meet at least one of the following criteria; • Complete training to ensure baseline proficiency in intelligence analysis and production within six months of being hired; and/or, • Previously served as an intelligence analyst for a minimum of two years either in a federal intelligence agency, the military, or state and/or local law enforcement intelligence unit. Intelligence Analyst Activities Allowable Costs (H8GP and UASI) All fusion center analytical personnel must demonstrate qualifications that meet or exceed competencies Identified in the Common Competencies for state, local, and tribal Intelligence Analysts, which outlines the minimum categories of training needed far intelligence analysts. A certificate 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 l.! submission, All SAAs are allowed to utilize up to 50 percent {50%) of their HSGP funding and all Urban Areas are allowed up to 50 percent (50%) of their UASI funding for personnel costs. At the request of a Sub -Recipient of a grant, the FEMA Administrator may grant a waiver of the 50 percent (50%) limitation noted above. Request for waivers to the personnel cap roust be submitted by the SAA to GPO 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- year staffing history for the requesting entity. Law Enforcement Terrorism Prevention (L TP) Activities Allowable Costs (HSGP and LUASI) 39 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 LETP Activities eligible for use of LETPAlocused 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 intsiligence analysts; • Coordination between fusion centers and other analyitiicai and investigative efforts including, but not limited to Joint Terrorism Task Forces (JT"T"Fs), Field intelligence Groups (Ms), High Intensity Drug Trafficking Areas (HIDTAs), Regional Information Sharing Systems (KISS) Centers, criminal intelligence units, real-time cruise analysis centers and DHS intelligence, operational, analytic, and investigative entitles; • implementation and maintenance of the Nationwide SAR Initiative, including training for front line personnel atz identifying and reporting suspicious activities, tips/ieads, and online/social media -based threats, as well as the execution and management of threat assessment programs to Identify, evaluate, and analyze indicators and behaviors indicative of terrorism, targeted violence, threats to life, and other criminal activity; • Management and operation of activities that support the execution of the Intelligence process and fusion centers, including but not llm€led to; Fusion Liaison Officer (FLO) programs, security programs to proteot 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 all 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 DI -IS Office of Partnership and Engagement (OPE) to ensure all public awareness materials (e.g., videos, posters, tri-falls, etc.) are consistent with the DHS's messaging and strategy for the campaign and compliant with the initiative's trademark, which is licensed to DI -IS 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 Seouring the Cities initiative; and • Integration and interoperabillty of systems and data, such as computer aided dispatch (CAC I) and record management systems (RMS), to facilitate the collection, evaluation, and aasessn ant of suspicious activity reports, tips/ieada, and online/social media -based threats. Organizational activities under HSGP and LIASM inctrade: Operational Overtime Costs. In support of efforts to enhance capabilitles for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operationat overtime costs are allowable for increased protective security measures at orltical infrastructure sites or other high -risk locations and to enhance public safety riving mass gatherings and high -profile events. In that regard, HSCP Sub -Recipients are urged to consider using grant funding to support soft target preperetiness activities, HSGP or UASI funds may be used to support select operational expenses associated with increased security measures in the authorized categories cited below: • i ackf111 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 (RRP P) activities; • Publio safety overtime; 40 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 • 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 fuel expenses, are not allowed except es part of the standard National Guard deployment package), * increased border security activities in coordination with CBP; • National Terrorism Advisory System; • Designated National Security invents; • Special Event Assessment Rating (SEAR) Level 1 through 4 Events * States of Emergency; • National Critical Infrastructure Prioritization Program (NCIPP) • Directed Transit Patrols; and • Operational Support to a Federal Agency, Operational Overtime Requests: • Except for an elevated NTAS alert, HSGP or leASI funds may only be spent for operational overtime costs upon prior written approval by FEMA The SAA must submit operational overtime requests in writing to its assigned FEMA Program Analyst (PA). FEMA will consider requests for special event activities up to one year in advents. 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, • Ail operational overtime requests must clearly explain: how the request meets the criteria of an© or more of the categories listed above. Requests must address the threat environment as it relates to the event or sctivity 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 yr 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 UAW and OHS/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 (HSGP and UASI) Personnel hiring, overtime, and bacikfill expenses are permitted under this grant to perform allowable HSGP planning, training, exercise, and equipment activities. Personnel may include but ars not limited to training and sxeroise coordinators, program reanagers for activities directly associated with HSGP and UASI funded activities, Intelligence analysts, and Statewide lnteroperability coordinators (SWIC), Sub -Recipients should refer to Information Bulletin No. 421b, Clarification on the Personnel Reimbursement for intelligence Cooperation and Enhancement of Homeland Security Act of 2008 (Public Law 110-412 — the PRICE Act), October 30, 2019. HSGP funds may not be used to support the hiring of any personnel to fulfil traditional publio health and safety duties nor to supplant traditional public health and safety positions and responsibilities, The following definitions apply to personnel costs: • Hiring. State and local entities may use grant funding to cover the salary of newly hired personnel who are exclusively undertaking allowable DHSJFEMA grant activities as specified 41 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 In this guidance. This may not include new personnel who are hired to fulfill any non- DleSIFEMA program activities under any circumstances. lilting 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 DHSIFEMA-approved activities specified in this guidance. Overtime associated with any other activity is not el€gible. • Beckffli Rotated Overtime. Also called 'Overtire as t3ackflll," 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. Nigher overtime nor backfili expenses are the result of en Increase,of FTE employees. • Supplanting. Grant funds will be used to supplement existing funds and will not replace (supplant) funds that have bean 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. Organization {OPSCz) Personnel Costs: OPSQ 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 appiiceble travel reguiatipns). Up to 50 percent of an OPSO 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 vierivs the 50 percent personnel cap, Waiver decisions are at the discretion of the FEMA Administrator and will be considered on a case -by - ease basis. Further, changes in scope or objective also require FEMA's prior written approves pursuant to 2 C.F.R. § 200.308(c)(1)(1). A forma! OPSG personnel waiver request should: • Be on official letterhead, Include a written justification, and be signed by the laces 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, • lnciude 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 DHSIGBP Office of the Border Patrol (OBP), As with all OPSG personnel costs, OPSG grant funds will be used to supplement existing funds and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants, or recipients may be required to supply documentation certifying that a reduction in 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 policy and the requirements as stated below: • Overtime is time worked that exceeds the required number of hours during an employee's designated shift. • Overtime must be worked to Increase patrol capacity and be in support of identified and approved USBP border security operations. 42 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34663 • The °PSG overtime hourly rate of pay Will be no more than the approveci.overtime rate per local iaw and policy end must be in accordance with applicable.State and Federal regulations. • Ail Overtime expenses under OPSG must be reasonable for the services rendered and conform to the non-federal entity's:established written policy, which must apply to both federally funded and non -federally funded activities and comply with the other applicable requirements un.der 2 C.F.R. M200.430-200,431. • The nonfederal entity may not utilize OPSG funding to pay for an employee's overtime hours or pay that exceed s 16 hours worked in any 24-hour period. Ternporary or Term Appointments • Sub-Reciptents may utilize temporary or term appointstenis to augment the law. enforcement presence on the borders. However, applying funds toward hitinit fuli-timeor permanent sworn public safety officer's k [mellow -obis. • OPSG-fUnded temporary or term appointments may not exceed the approved period of performance,. O For °PSGpurposes, temporary appointments are non -status appointments for less than one .year, O For OPSG purposes,term appointments are non -status appointments for one year, extendable for one year ae necessary. .0 OPSG fundihg for teMporarli or tom appointments may pay for salary only. Oenefits are not alloys/able expenseefor term or temporary'empioyees. OPSG' remainse non-hirlvg program, Appropriate uses of temporary or terra appoirraysents clude: • To carry out.specifia enforcement operation's work for ongoing OPSG-funcied ilevo4s throughout the Sector Area of Operation; • To staff operations of linited durstiorr such as OPSG-enhanced enforcemant patrols targeting specificiOdations or criminal sicti)itty;• and, • To fill OP8G pesitipris tri 'activities' undergoing transition or personnel .shortages and local becMill policies (medicaikrilgary.deployments), • OPSG term and temporary appointments must have alt necessary cartificetions. and tmining to enforce state and Local taws., °PSG fdndsw net be used to train -or certify term or temporary appointments except as otherwise stated in the OPSG section of. the Preparedness Grants.Manual and the HSGP NQFO. 0. In .addition to these terms Sub -Recipients cruet fellow their own applicable policies and procedures regarding temporary or term appointments. Unallowable Cost.* (OPSG) OPSG unallowable. costs inclUde costs associated.withavidence coljection, arrest proceSsing, prosecution., and Traffic/DUl che<-46ints, such as evidence doriUrnentation camerae, fingerprinting supplies,. alcohol breathalyzers, portable won' lights, traffic barricades, and similar law enforcement expanses. Additional unallowable costs also, include costs associated with staffing and general IT computing equipmentand hardware., such es. personal computers, faxes, copy rnachiries, modems; eto. 0.PSG is not intended es a Wring program, Therefore,. apptying.funds toward hiring full. -time or perrnarrent.Svvorn pub ilc safety officersis unallowable, OP a funding shall not be used to:Supplant inherent routine. patrolsand levy enforcement operations :or activities not directly related to providing enhanced coordination between letal and fissietral law enforcement. agencies. Finalty, construction and/or -renovation pests, .and exercise expenses are prohibited under OPSG. C. Allowabto Exercise Related Costs Exercises conducted with grant funding should be managed arid conducted consistent with Asap. 1-ISEET. guidance for exercise design:, development, conduct, evaluation', and improvement planning is located- at bitino4350 .bilacievienlsy n e.311 ho 1- " d_no.91,xercisesfiree0. 43 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 • Design, Develop, Conduct, and Evaluate an 1Cxercfse • 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 DHSiFEMA exercise • Implementation of 11 SEEP • Activities to achieve exercises Inclusive of people wavith disa4�it4tiea functional needs • Travel • Supplies associated with allowable approved exercises • lnteraperablecommunications 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 e progressive exercise series. Exercises conducted by states and high risked urban areas may be used to fulfill slimier exercise requirements required by other grant programs, Sub -Recipients are encouraged to invite representatives/Manners involved with other Federally mandated ar 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. a Validating Capabilities. Exercises examine and validate capabilities -based planning across the Prevention, Protection, Mitigation, Response, and Recovery mission areas. The extensive engagement of the whole community, including but not limited to examining the needs and requirements for individuals with disabilities, individuals with limited English proficiency, and others with access and functional needs, is essential to the development of an effective and comprehensive exercise program. Exercises are designed to be progressive — Increasing in scope and complexity and drawing upon results and outcomes from prior exercises end real - world incidents W to challenge participating communities. Consistent with Homeland Security Exercise and revaluation Program guidance and tools, the National Exercise Program (NEP) serves a$ the principal exercise mecnanism 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 special event (e.g., Super Bowl, G-8 Summit), the special event planning should be considered es a training or exercise activity for the purpose of the multi -year TEP. States must include all confirmed or planned special events in the Multi -year TEP. The state or Urban Area may plan to use HSGP ar tJAS1 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 shoutd also anticipate participating in at least one Reglonal Exercise annually. States must include ail confirmed or planned special events in the Multi- year TEP. • Role of Non-laovarnnientai Entitles in Exercises. Non -governmental participation in all levels of exercises Is strongly encouraged. Leaders from non -governmental entities should be included to the planning, design, and evaluation of an exercise. State, focal, Tribal, and territorial lurisdictlons 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 coordinated with the Rood Gitizen Corps Councils) or their equivatent and other partner agencies, FDriM 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) MYThP qualifies as an authorized exercise. The Sub4 eciplent can successfully complete en authorized exercise either by attending or conducting that exercise, • in order to receive payment for successfully attending an authorized exercise, the Sub - Recipient must provide the Division with a certificate of compietion or similar correspondence signed ey the individual in c large of the exercise; additionally, the Sub -Recipient must provide the Division with ail receipts that document the costs incurred by the Sub -Recipient in order to attend the exercise, • In order the reoeio payment for successfully conducting an authorized exercise, the Sub - Recipient must provide the Division with an 1WxPLAN, AAF 11P, IPCIMPCJFPC Meeting Minutes and Sign -in Sheet for exercise attendees; additionally, the Sub -Recipient must provide the Division with all receipts that document the cede incurred by the Sub -Recipient in order to conduct the exercise. The Sub -Recipient must include with the reimbursement package a separate copy of the page(s) from the Exercise Plan which identifies the partioipanf agencies and a printed pege(s) f►arn the State (and County or Regional) MYTEP reflecting the exorcise. • if you require food/water for this event, request must cc3me to the Grivisioe 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: Desoripiion of the Exercise: D. Allowable Training Related Costs (SHOP and I ASI) Allowable trslning-related costs under HSGP include the establishment, support, conduct, and attendance of training specifically Identified under the HSGP and UASI programs and/or in conjunction weft emergency preparedness training by other Federal agencies (e.g., HeiS and DOT). Training conducted using HSGP funds ehould address a performance gap identified through an AARAF or other assessments (e.g„ National Emergency Coirrmuniaations Plans NECP Coal Assessments) and contribute to building a capability that wilt be evaluated through a formal exercise, Any training or training gaps, including those for children, older adults, pregnant women, and individuals with disabilities and others who also have access or functional needs, should be identified in the AAR/IP and addressed in the state or Urban Area training cycle, Sub -Recipients are encouraged to use existing training rather than developing new courses. When developing new courses, Sub -Recipients are encouraged to apply the Analysis, Design, Development, Implementation and Evaluation (ADOIE) model of Instructional design, ✓ Overtime and backfill for emergency preparedness and response personnel attending DHS(FEMA-sponsored and approved training classes • Overtime and bacidiil expenses for part -erne and volunteer emergency response personnel participating in DHSIFMR training • Training workshops and conferences • Activities to achieve training inclusive of pecple with disabilities and others with access and functionai needs and limited English proficiency 45 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 • Full- or part-time staff or contractors/consultants • Travel • Suppilas associated with ailawable approved training that are expended or consumed during the course of The planning and conduct of the ex9l'ci68 project(s) • instructor rtificationtre-certification • Coordination with Cittxen Corps Councils in conducting training exercises • Interoperable conTnunications training • Activities to achieve planning incikisive of people with limited English proficiency • immigration enforcement training Additional Training information Per DHSIF MA Grant Programs Directorate Policy 113 43/ € eview and Approvrat F egulromanfs for Training Coursrs Funded Through Preparedness Grants, issued an July 19, 2018, stag, territories, Tribal entities and high -risk urban areas are .no longer required to request approval from FEMA lot personnel to attend rion-DHS FEiVIA training ea long as tha training is coordinated with and approved by the state, territory, Tribal or high-risi urban area Training Paint of Contact (TPYC) and falls within the FEMA mission scope and the;urisdiction's Ernergeney Operations Pan (OP): The only exception to this policy ia.for Countering Violent Extremism courses. DHSIFEMA will conduct periodic reviews of all state, territory., and Urban Ares training funded by LHSIFEMA. These reviews may include requests for all course materials and physical observation of, or participation in., the funded training.. if these reviews determine that c,urses•are outside the scope of this guidance, Sub -Recipients will be asked to repay grant funds expended in support of those efforts. For further information on developing Courses using the instructional design methodology and tools that Gan facilitate the process, SA.As and TPOCs are errooura ed to review the NTFT, Resnonrl r Ir tirirr Deverloprnant Center (RTD ? website. ZHSI EJWWA .Provided Training. These• train ings. include progr ms or ctkurses developed for anti delivered by institutions and organizations funded by DHSIFEMA_ This includes the Center for Domestic Preparedness (COP), the Emergency Managerrtent institute (EMI), and the National Training and Education Division's (NT ) Training Partner Progrart s (TPP), TPP includes the Center for Homeland Defense and Security, National Domestic Preparedness Consortium (NDPC), Rural Domestic Preparedness Consortium (RDPC), and training partners through: the Continuing Training Grants program, Approved State and Federal Sponsored Course Catalogue, This catalogue lista state and Federal sponsored oovrsos that fait. within the 7HS/FEMA mission scppe and have been approved through the FEMA course review and approval process..An updated version of this catalog can be ar.tcesseci at www.firstresponciertraininsw,i, Training Not Provided by OH$JF MA- These training's include courses that are either state sponsored or Federal' sponsored (non-DFISiFEMA), coordinated and approved by the SAA or their designated TPCC, and fail weir the DhiSJFEMA mission scope to prepare state, local; Tribal, and territorial ; rsannei to:pr5V.ent, protect against, mitigate, respond to, and recover from acts of terrorism or ca#,astrophc events. • State Sponsored Courses. These col rses are developed for andtor deliver id by institutions er.drelanizations other than Federal entities or FETVIA and are sponsored by the SAA or their designated TP00, • Joint 'Training and Exercises with tire Public and Private Sectors. These courses are sponsored and coordinated by private sector entities to enhance public-pri' ate partnerships for training personnel to prevent, protect against, mitigate, respond to, and recover from acts 46 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 of terrorism or catastrophic events. In addition, States, territories, Tribes, and When Areas are encouraged to irrcorporate.the private sectorfr government -sponsored training.and exercises, Additional information. on both DHa/FEMA provided training and other federal and state training can be found at: mn,firstr:e;trion ieriraining: ov. Training Information Reporting System ("Web -Forms"). Web -Forms is en electronic form/data management system built to assist the SAA and its designated State, territory and Tribal Training Point of Contact (T POC). Reporting training activities through Web -Forms is not required under FY 202,1 HSGP, however, the system remains available and can be accessed through the FEMA Tool dt located at frttps;Ily,zff,,tk tresoond rtrair na oov{frtl in order to support grantees in their own tracking of training deliveries. FDEM State Training Office Conditions: For the purposes of this. Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Suds -Recipient can. successfully complete an authorized course either by attending. or conducting that course. • in order to receive payment for successfully attending an guthorized training course, the Sub - Recipient must provide the Division with a dertifidate of course coirtpletian; additionally, the Sub -Recipient roust provide the Division with all receipts that document the costs incurred by the Sub-Recipfcrtt in order to attend the course. • In order the receive payment for successfully conducting an authorized course, the Sub - Recipient must provide the Division with the wurse materials end s roster sign -in sheet; additionally, the Sub -Recipient must provide the Division with ail receipts that document the Gets incurred by the Sub -Recipient in order to conduct the course.' For courses that are iron-DHS approved training, Sub -Recipient must request approval to conduct training through the use of the Non-T.D Form and provide a copy, along with email, showing approval granted for conduct. • For the conduct of training workshops, Sub -Recipient must provide e dopy of the course materials and sign -in sheets, • The number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants please..contect the FDEM State Training Officer for coarse specific guidance, Unless the Boas -Recipient receives advance iritten approve) fro n the State Training Officer for the number of participants, then the Division will redrsca.lhe:arnoiant etsthorized for reimbursement on a pro-rata basis for any training with less than 15 participants. The.Sub-Recipient must include with: the reimbursement package a separate copy of the page(S) from the State (and County or Regional) MYT P reflecting the training. L. Allowable Equipment Related Cots (.SHOP and CVASI) The 21 allowable prevention; protection, rrr tigati in, response, and recovery equipment categories for FISGP are listed on the Authorized Equipment Uast (AEL), The A4 L is available at lids:/lwimw. ma.gnvlautho>sr" ed-eIment-list. Some equipment items require prior approved from t HSlF MA before obligation or.purchase o1 the items. Please reference the grant notes for each equipment item to ensure prior approval is: not required or to ensure prior approval is obtained It necessary, .t lnless otherwise stated, all equipment must meet all mandatory regulatory andfar DHS/EMadapted Stan lards•ta be eligible for purchase using these funds: In addition, recipients will be responsible for:cbfeining and maintaining atl necessary certifications and licenses for the •requested equipment. 47 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Grant funds may be used for the procurement of medical countermeasures, Procurement of medical countermeasures must be conducted in collaboration with State/city/local health departments who administer Federal funds from HHS for this purpose, Procurement must have a sound threat -based justifioation with en 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 coinciding purchase and expiration dates, Grantees are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must Include a budget for the disposal of expired drugs within each fiscal year's period of performance for HSGP. The cost of disposal cannot be carried over to another FEMA grant or grant period. The equipment, goods, and supplies (the eligible equipment") purchased with funds provided under this agreement are for the purposes specified in "Florida's Domestic Security Strategy". Equipment purchased with these funds wilt 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 er be available for use at a fixed location within two (2) hours of a request far said deployment, The Florida Division of Emergency Management (FDEM) must approve any purchases of equipment not itemized in a project's approved budget in advance of the purchase, The Sub -Recipient will, In accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Domestic Security Strategy," ensure that ell equipment purchased with these funds Is used to respond to any and ail incidents within its regional response area as applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FDEM will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. Allowable Equipment (OPSG} OPSG equipment is intended to be incidental to the enhanced border security operations being performed, The grant is not intended to be used to outfit or supply general equipment to SLTT law enforcement agencies. Equipment must be relatable to and justified by the operational benefit it will provide. • Equipment Marking. Because equipment purchased with OPSG funding is intended to be used to support OPSG activities, it may be appropriately marked to ensure its ready identification and primary use for that purpose. When prectioable, any equipment purchased with OPSG funding should be prominently marked as follows: "Purchased with DNS funds for Operation Stonegarden Ilse" • Fuel Cost and/or Mileage Reimbursement, Thera 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 inolude petrol 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, es will be reflected in the AEI, and explained in It3 438, 48 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 F. Unallowable Costs (HSGP, IJASI and ()PSG) • per FEMA policy, the purchase of weapons and weapons acoessories, including ammunition, is not allowed with HSCP funds. • Grant funds may not be used for the purchase of equipment not approved by 0H8!FEMA, Grant funds must comply with IS 426 and may not be used for the purchase of the fotlowIng equipment: firearms; ammunition; grenade launchers; bayonets; or weaponized aircraft, vessels, or vehicles of any kind with weapons Installed, a Unauthorized exerciss..related costs Include. ❑ Reimbursement for the maintenance or wear and tear costs of general use vehicles (e.g., construction vehicles), medical supplies, and emergency response apparatus (e,g., fire trucks, ambulances). • Equipment that is purchased for permanent Installation and/or use, beyond the scope of the conclusion► of the exercise (e.g., electronic messaging sign). G. Regional Border Projects (OPSG) Subrecipients are encouraged to prioritize the acquisition and development of regional projects on the borders to maximize intercperab'WWWty and 000rdinstiren eapabilities among federal agencies and with state, local, and tribal law enforcement partners. Such regional projects include: • Communications equipment: • Radio systems and repeaters • Integration with regional intelligence and information sharing effort (i.e. fusion centers) o intelligence analysts • Situational Awareness equipment: o License Plate Reader Networks o Visual detection and surveillance systems o Sensor Systems o Radar Systems (for air and/or marine incursions) o Aircraft systems (manned or unmanned) 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 SI-fSP 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 shoufd include a distribution strategy and related sustainnient costs if planned grant expenditure Is over $100,00O.00. if grant expenditures exceed the minimum threshold, the five-year inventory management plan will be developed by the recipient and monitored by FEMA, FEMA will provide program oversight and technical assistance as it relates to the purchase of critical emergency supplies under UASi. FEMA will establish guidelines and requirements for the purchase of these supplies under UASI and monitor development and status of the state's inventory management plan. I, Construction and Renovation (SHSP and UASI) Project construction using SHSP and UASI funds may not exceed the greater of $1,OOO,OOO or ?5% of the grant award. For the purposes of the limitations on funding levels, communicetlons towers are not considered construction. Written approval must be provided by DHS/FE=MA 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, erchitectural 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Recipients using funds for construction projects mu comply with the Davis -Bacon Act (codified as amended at 40 U.S.C, §§ 3141 et seq.). Recipients must ensure that their contractors er subcontractors for construction project 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 sat tine State in which the work is to be performed.. Additional information regarding compliance with the Davis -Bacon Act, including Department of Labor (DQL.) Wage determinations, is available online at tags:t;v+nvw.d 1,atyyyhgl cycartitarrs/dbra_ri J. Communications Towers When. applying for funds to construct communication towers, subrecipterits rnust submit• evidence that the Federal Communication Commission's Section 108 of the National Historic Preservation Act, Pub, L. No. 89-065, as amended, review process has been completed, K. Disposition Wert original 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 supports* by a Feier ii awarding agency, except as otherwise provided in Federal statutes, regulations, or Federal awarding agency disposition instructions, the Stab -Recipient must request disposition.instructians from FDE.M Office of Domestic Preparedness and the State Adniinlstrative Agency will request deposition instructions from Federal awarding agency as required by the tens end gonditibns of the Federal award. The Sulc-Rodpiont shall notify the FD M Office of Domestic Preparedness at: 2556 Shurnard Oak Blvd., Tallahassee, Florida 3239.0 one (1) year in advance Of the expiration of the equipment's posted shelf -fife or moms! life expectancy or where it has bean expended. The Sub-Recfplent shall notify the FDEM immediately if the equipment. is destroyed, lost. or stolen. L. Requirements for Small Unmanned Aivcratt System SIISP, UAai, and O:P$Q) All requests to purchase Small Unmanned Aircraft Systems (SUASj with FEMA grant funding must corriply with le 420 and.. lB 430 and include a description of the policies and procedures is place to safeguard individuals' privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to or otherwise useAhe.SUAS equipment. M. Acquisition arid Use of Technology to Mitigate WAS €C.ounter4JAS) Prior to the testing, acquisition, installstlon,.or use of L AS detection and/or mitigation systems, entities should seek the advice. cf counsel experienced with both federal and state criminal, surveillance, and communications laws. Subrecipients should conduct their own legal and technical analysis of each WAS detection and/or mitigation system and should not rely solely on vendors' representations of the systems' legality or functionality. For further information please sae the i HS press release an this topic; Mies,://www.dhs. o /news 20 8 17 inters issues- advisob-use±teciiracfedv-cote cf-arid-rtliticale- ,grned-aircraft. N. FiratNet Firstiet.pravides public.safety entities with mission -critical broadband data capabilities and services including, but not limited to messaging, image sharing, videc steaming, group text, voice, data storage, application, location. -based services, and Duality of Service, Priority, and Preemption. Public. safety entities seeking to enhance their operational capabilities using. broadband technology tray seek grant funding from appropriate programs to support the Viewing: a Planning for integration of information technology (rr) infrastructure, software, and site upgrades necessary to connect to Firsthist • Handheld broadband devices including sni rtphones, feature phones, tablets, wearabies, push-totalk(P' T) devices • V hicle4nounted or otherwise field operated data devices, such as ruggedized laptops Network access devices, including portable Wi-F1 devices, Universal Serial Bus (USB) moderns/dangles, trunk -mounted modems, routers 50 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34663 • Custorner-Owned and Managed (COAM) broadband deployable equipment, enabling public safety to own and dispatch coverageexpansion or capacity enhancement equipment within their jurisdiction O Broadband device accessories that ertable efficient and safe public safety operations such as headsets, belt clips, earpieces, remota Bluetooth sensort, ruggerlized cases • Subscriber Identification Modules (SIMs)/Universal Integrated Circuit Cards (LliCGs) to ethyl,/ public safety users to update existing devices to operate un public safety prioritized services One-time ptirchase and subscriptlon-beted applications for pdblic safety luso which could inclucie, among several ether options, enterprise mobility management (EMM), Mobile device management (MOM), mobile Virtual Private Network (VPN), identity services, or cloud service tools Sub -Recipients must be coordinated with the Statewide Inieroperability Coordinator (SWIG) and FirstNet on this planning, deployment timelines, and operational availsibility of the network depleymentwithin a specific state or territory and to ensure that project does not conflict with network planning' offorte and complies with all technical requirementS. FirstNet requires participating agencies to demonstrate a*ubstription to public satetylrioritized broadband services to purchase FirstNet broadband devices or applications, FEMA Information Bulletin (IH) #386 has been rescinded by prior NOFOs and remains rescinded es the technical requirements and nationwide network architecture has been developed, and FirtiNet is Operationat Stibrecipients; however, must coordinate with FirstNet in advance of any strategic acquisition of broadband LTE equipment to ensure that purchases adhere to all applicable standards for public safety entities, 0. SAFECOM Emergency communications systems and equipment must meet applicabie „agECO„liti Guidance. Sub -Recipients must be coordinated with the SWIC and the State Interoperabillly Governing Body (SiGH) o enSureinteroperability and long4erm compatibility, P. Cyberseourity Suiti-Reolpients must use HSGP funds for cybersecurity projects that support the security and functioning of critical infrastructure and core capabilities as they reiate to terrorism preparedness and may simultaneously support enhanced preparedness for other hazards unrelated to acts of terrorist. Q. Law Enforcement Readiness (SHSP,. UASI, and OPSG) OPSG grant furls MaY be used to increase operattonal materiai, arid technologicat readiness of SLTT law enforcement agencies. The Delegation of immigratiort.Authprity, Section 287(g) of the Immigration and Nationality Act (INA) program allows. a state or local law enforcement entity to enter into a partnership with ICE, under a joint Memorandum of Agreement (M0A),. to receive delegated authority for IMmigration enforc.ernent within their jurisdictions SHSP, UAS, or ()PSG grant funds May belmgdested and may be approVed en a base -by -case basis for immigration enforcement training In support.of the border security mission, Requests for trainlogwill be evaluated. On a case- by-caSe basis and can only he used for .oetaction irithe section 287(g) program provided by DHS/ICE. SH$P. UASI., or OPSG Sub -Recipients with agreements. under sttion 87(g) of the Immigration and Nationality Act (8 U.S.C, §1357(%)) to recelve delegated authority for Immigration enforcement. within their jurisdictions may also be reimbursed. for section 287(g) related operational activities with approval from FEMA on a case -by -case basis. For OPSG, Sub-RedP4* mist be authorized by U.SHP Headquarters and Sector, and operational activities must be coordinated through a I,JSBP Sector. R, Maintenance and Sustainrnent (SHSP, UAW, and ()PSG) The use of DHSIFEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement Costa, upgrades, and user fees aro allowable, as described in FEMA Policy FP 45-402- 125-1 under all active and future gat awards.,. unless otherwise noted, Except for maintenance plans 51 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 or extended warranties purchased incidental to the original purchase of the equipment, the period covered by maintenance or warranty pion must not exceed the POP of the specific grant funds used to purchase the plan or warranty. Greet funds are intended to support the Goal by funding projects that build and sustain the core capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. ie order to provide recipients the ability to meet this objective, the policy set forth in FEMA`s 1B 379, Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHSIFEMA Grant Funding, initially for FY 2007.2011, allows for the expansion of ellglble maintenance and sustalnment costs which roust be in (f) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (a) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the Emergency Menagement Assistance Compact. Additionally, eligible costs may also be }n support of equipment, training, and critical resources that have previously been purchased with either Federal grant or any other source of funding other than DHS/FEMA preparedness grant program dollars, S. Management and Administration (M&A) (t•HSGP & LIAS1) Management and administration (M&A) activities are those directly relating to the management and administration of HSGP funds, such as financial management and monitoring. Sub -Recipients awarded M&A costs under this agreement can retain a maximum of up to 5% of their total agreement award amount for M&A costs. Allowable M&A activities include: ▪ Hiring of full-time or partutime staff or contractors/consultants: o To assist with the management of the respective grant program. o To assist with application requirements. a To assist with compliance reporting and data collection requirements. Management and Administrations (M&A) (OPSG) Management and administration (M&A) activities are those directly relating to the management and administration of OPSG funds, such as Winded management aid 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 subawerd. Friendly forces are local law enforcement entities that are subordinate Sub -Recipients under OPSG. in other words, friendly forces are entitles that receive a subaward from a Sub -Recipient under the OFSG program. Friendly forces must comply with all requirements of Sub -Recipients under 2 C.F.R. Part 200. 7. 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. Fart 200; • Chapter 287, Florida Statues; and, • Subreciplents local procurement paiicy. To the 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 -Recipient roust adhere to the requirements of the State statute, 52 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 The Division shall pre -approve all scopes of work for projects funded under this agreement. Additionally, the Sub -Recipient shall not execute a piggy -hack contract unless their local written policy allows for piggybacking, and the division has approved the Scope of Work contained in 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 contract that is competitively procured by the Division of State Purchasing for seieoted 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 287.056, Florida Statutes. Alternate Contract Source: An Alternate Contract Source is a contract let by a federal, state, or local government that has been approved by the Department of frilanagement Services, based on a determination that the contract is cost-effective and In the best interest of the state, for use by one or all Florida agencies for purchases, without the requirement of competitive procurement. Alternate contract sources are authorized by subsection 287,042(16), Florida Statutes, 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, end any instrumentality thereof (such es local education agencies or institutions of higher education) may participate in the GSA Cooperative Purchasing Program. ). Refer to the appropriate GSA Schedule for additional requirements. 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 roust allow 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 contreof, 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 preexistleg 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 er State fnancial assistance. in pertinent part, Section 215.a71(1) states An agency agreement that provides state financial assistance to a Recipient of Sub -Recipient, as those terms are defined ins. 215.97, or that provides federal financial assistance to a Sub - Recipient, as defined by applicable United States Office of Management and Budget circulars, must include ail of the following; A provision specsfying a Scope of Work that clearly establishes the tasks that the Recipient or Sub -Recipient is required to perform. 53 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 • 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 financiai 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 iinanciai 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 casts resulting from obligations incurred daring 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 tc 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. 216.97, V. Unique Entity identifier and System for Award Management (SAM) SubiiRecipients for this award must: • Be registered in SAM; • Provide e valid DUNS number; and • Continue to maintain an active SAM registrzeion with current information et all times during which it has an active federal award. W. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within thirty (30) days after the and of the reporting periods (March 31, June 30, September 30, end December 31) for the lyre of this contract, • if a report(s) is delincuent, 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. ❑ eased on the SAA's determination, the Sub -recipient will have 30 days to submit a letter of appeal to the SAA/HSA. o Subreciplents wilt only be allowed one oppottunity to appea, o If the appeal is denied, or if there is no response to the notification of noncompliance, the Sub -recipient's funds will be terminated. • li a report goes four (4) consecutive quarters from date of execution without the Sub - Recipient reflecting any activity and/or expenditures ft wili result in termination of the agreement, 54 I DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 n .matic r aborti11 Sdui Reporting Period January 1 thro.ugh March 3-1 301i thrrau June 30:.._ ._,July 1 through September 30 due to POEM no cater than _AO 30 July 31 ()antler 31 rtuber 1 thou l December 31 January 31 2. Programmatic Reporting- $iennual Strategic inrpk 'mutation Report (B: tR)p After the end of each reporting period, for the life of the contract unless directed otherwise, the SAA, wilt complete the Biannual Strategic impiemeritetiotl Report. In the Grants Reporting "foot (GR) psJ/wwwlenortlhci,odp.,gtrs.ciby. The reporting periods are January 1•June 33 and July 1•December 311.. Data entry is soheciulad for December 1 and June 1 respectively. Future awards and reimbursement wily be withheld if these reports are delinquent, 3. Reimbursement Requests A request for reimbursement may be sent to your grant manager for review and approval at any tirrim during the caniaact period, Reimbursements must be requested.within ninety (pa) calendar° days of expenditure of funds, and quarterly at e minimum. 'Failure to submit request for reirnburrsernentwithin ninety (90) calendar days of expenditure shall result in decrial of r,imbursement. The Sub -Recipient should Include the categgory's corresponding line item number in the "Detail of Clefts" form. This number can be found in the "Proprtsed,Program .udgetr. A line item number is to be included for every dollar amount listed in the "retail of Claims" form. 4. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division or Err2ergency Management: no tater then sixty (80) calendar days after the agreement 1s either conp1 t ci or the agreement has expired. 5. Acirt iniatrative t ioseout An administrative closeout Bay be conducted when a ripient i not responsive to the Division's reasonable efforts tocollect required reports, forms, or other documentation needed: to complete the standard award andfor closeout process, FDEM will make three written attempts to collect required information before initiating an administrative closeoutif an award is administratively closed, FILM may .decide to impose remedies for noncompliance per 2 C.F.R. § 2€00.338, nslder this information in reviewing .future award applications, or apply special. conditions to existing or future 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 through formal, written requests tea the SAA. Ail extension requests must contain specific and compelling justifications as tc why an extension is required, and must address the following: 1. The grant program, fiscal year, and agreement number; 2. Reason for the delay —including details of the legal, or operational challenges that prevent the final expenditure of awarded funds by the deadilne; 3, Current status of project activity; 4. Requested POP termination date and new project completion date; .5; Amount of funds reimbursed to date; 55 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 6. Remaining *walkable funds; 7. Budget outlining how the remaining funds will be expended; 6. Plan for completion, including milestones and tlmsframes for achieving each milestone ,~and the position or person responsible for implementing the plan for completion; and 9. Certification that the activity0es) wiif 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 grantedfor no more than a six-month period, and wilt be granted only due to compelling legal, policy, or operational challenges. Extension requests will only he considered for the following reasons; • Contractual commitments by the recipient or subrecipient with vendors prevent completion of the project within the existing POP; • The project must undergo a complex env}ronmental review that cannot be completed within the existing POP; • Projects are long-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 FORM 2555 Shumard Oak Blvd, Tallahassee, FL 32399.2100 (85D) 815-4342 ChandaJenkinsiem,rnyflprida.com Amy German FDEM 2555 Shurnard oak Blvd. Tallahassee, FL. 32399-2100 (850) 816-4355 Amy.Garmonaem.myftorida.com Z. Contractual Responsibilities • The MEM shall determine eligibility of projects and approve changes in Scope of Work. • 'the Fi71wM 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. DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ATTACHMENT C DELIVERABLES AND PERFORMANCE State Honied Security Program (HSGP), HSGP supports the implementation of risk driven,. c rpabliities-based State Homeland Security Strategies to address capability targets set in titan Area, State, and re.gional Threat avid Hazard Identification and Risk Aasesements (THIRAs). The capability levels are assessed in the State Preparedness .Report (SRR) and inform planning, organization, equipmenttraining, and exercise needs to prevent, .prat ct against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. Planning Deliverable, Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub --Recipient for the actual cost of successfully completing Planning activities consistent with the guidelines contained in the Comprehensive Planning Guido C.PG 101 v,2. For additional information, please see j=;71�f,art eddvlpdfiabosiildiuisio r .„e„a..'Ica 1l ,pot or grant guidarrcis (Notice Of Fur3ding..Opportunity). For the purposes of this Agreement, any planning activity such as those associated With the Threat arid Hazard identification ari.d Risk. Analysis (TH1RA), State Preparedness Report (P1 ), and other planning activities that support the National Preparedrrass:.Gaa.l (NPG) and place an emphasis on updating::and maintaining a current Emsr`gency Operations Pen (EOP) are eligible. The Sub -Recipient n sucoessfully complete a planning activity either by creating or updating such plan(s). Organization Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient for the actual eligible costs for Personnel, Intelligence Analysts, Overtime and Operational Overtime, Exercise Deliverable~ Subject to the funding limitattorid.of this Agreerrrent, the Division shall reimburse the Sub -Recipient for the artuai cast of successfully completing an axercise,vihlch meets the Department of Homeland elar d Security Homeland Security Exercise and Evaluation Program .(H. EP) standards and is fisted in A) the State of Florida Multi -Year Training , Exerckke Plan (MYTEP), and B) County or regional TEP:for the region in which the Sub -Recipient is geographically located. information n fated tc TEPs and KSSEEP cempl`tance den 'be found online at: htts;//www.ills.dhs,dev/hseep. v/hseep. or the purposes ref this Agreement, any exercise which. is cc)mpllant with HSEEP standards and contained in the State of Florida MYTEP quai'fes as an ~authorized exercise. The Sub -Recipient can successfully complete -an authorized exe€'cise•eiither by attending of conducting that exercise Training Deliverable: Subject to the funding limitations of this Agreement, the Division shall reirnhurse the SulsiiRec•ipientfor the actual nest of successfully completing a training course listed on the 1Jepartment of Homeland Security (DMS) approved craurse catalog. For non-DHS approved courses. th.e Sub -Recipient shall obtain advance Ft EM approval using the Non-TED Corm by contacting their grant ~manages. The DHS course catalog is:available online at, ,tp A.rrair ing,.foma; av(. For the purposes of this Agreerrant, any training course listed on the DHS approved course catalog quatilleis as an authorized course. The SubHRecipient can successfullycanplete an authorized course either by attending. or conducting that:couree. Equipment Qeflverabte; Subject to the funding limitations of this Agreement, the Division. shall reimburse the Sub -Recipient for the actuat cost of purchasing an item identified in the approved project funding template and budget of this agreement and.listed on. the OHS Authorized Equipment List (AEA.), For the purposes of this Agreement; any item listed on the AEt qualifies as an authorized item. The 21.. allowable prevention, protection, mitigations, response, end recovery equipment categories and equipment standards for HSGP are listed on the web -based version of the Authorized Equipment List (AEI.) on the Lessons Learned Information System at trti lbe Jam , via or ed.0quiprriant-lie . In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment,. 57 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 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. DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ATTACHMENT D 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 SWtutQ 4) Chapter 215, Florida Statutes 5) Chapter 252, Florida Statutes 6) Title VI of the Civil Rights Act of 1964 42 U.S.G. § 2000 et seq. 7) Title VI It of the Civil Rights Acts of 1968 42 U.S,C. § 3801 et seq. 8) Copyright notice 17 U.S,C. §§401 or402 9) Assurances, Administrative Requirements, Cost Prtnclples, Representations and Certifications 2 C,F.R, Part 200 10) Debarment and Suspension Executive Orders 12549 and 12669 11) Drug Free Workplace Act of 1988 41 t1,S.C. § 701 et seq. 12) Duplication of Benefits 2 C.F.R Part 200, Subpart E 13) Energy Policy and Conservation Act 42 U.S,C, § 6201 14) Feiss Claims Act and Program Fraud CIA Remedies 31 U.S.C. § 3729-3733 also 31 U.S.C. § 3801-3812 15) Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C, § 40118 16) Hotel and Motel Fire Safety Act of 199015 U.S,C. § 2225a 17) Lobbying Prohibitions 31 U.S.C, § 1352 18) Patents and Intellectual Property Rights 35 U,S,C. § 200 at seq.. 19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20) Terrorist Financing Executive Qrder 13224 21) Title 1X of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 tJ S.C. § 1661 et seq. 22) Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 23) Rehabilitation Act of 1973 Section 504, 29 M.D. § 794 24) USA Patriot Act of 2001 18 U,S.C, § 175.172c 25) Whistleblower Protection Act 10 U,S.C. § 2409, 41 USG. § 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, end 27P-19, Florida Administrative Code DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ATTACHMENT JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an advance, Indicate same by checking the box below. I ADVANCE REQUESTED Advance payment of $ is requested. Balance of paynients wiSl be made on a reimbursement baeis, These finds are needed to pay staff, award boneEts to clients, duplicate forms aridpurchase start-up supplies and oquipinent. Wo 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 CATEGORY/LINE ITEMS (list applicable line Items) Fiscal Year 2021 Anticipated Expenditures for First Three Months of Contract For eXampie ADMINISTRATIVE COSTS Far example PROGRAM EXPENSES: TOTAL EXPENSES: LINE ITEM ,JUSTIFICATION (For each fine item, provide a detailed Iustificadan explaining the need for the cash advance. The justification roust include supporting documentation that clearly shows the advance vain be expended within the first ninety (00) 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 Civrslon 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 within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shurnard 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 EY CASE BASIS* Signature of Sub -Recipient Date: Name and Title of Sub -Recipient 60 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ATTACHMENT F WARRANTIES AND REPRESENTATIONS FlnaaciaLManaaemept 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. §§2D0,318 through 200.327). Ausine $ }-1o1s The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and al least one employee an site, from: gdondav to Rift( S( S'Aiam to S OUpm excluding holidays Lioenei'gInd Perg'Iitt1 n All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for the particular work for which they are hired by the Sub -Recipient. DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ArrACHM1 hn' G CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Subcontractor Covered Transactions The prospective subcontractor, _ _ , of the Sub -Recipient certifies, by submission of this document, that neither it, its principals, nor Its affiliates are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqua(Etied from participation in this transaction by any Federal department or agency, SUB -CONTRACTOR: By: Signature Sub -Recipient's Name Name and This FDElyll Contract Number Street Address City, State, Zip Date Dl-i5 Grant Award Number 62 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ATTACHMENT H STATEMENT OF ASSURANCES All of the Instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program ere 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, Al! Sub -Recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same perpose through non-Fe.derai sources, AP Sub -Recipients must 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 ar in part with Federal funds. Any cast 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 defficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal ewards, or for other reasons. However, this prohileitlon would not preclude a Sub -Recipient from shifting casts that are allowable under two ar 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 end conditions of your award. All Sub -Recipients must acknowledge and agree to comply with applicable provisions govereing OHS 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 OHS, 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. 3. 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 ail other special reporting, data collection and evaluation requirements, as prescribed by law or detailed in 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 meet comply with SAFECOM Guidance For Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications, 5. 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 supported by OH$/F1^MA, you must request instructions from FOEM to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200,313, 7. Di-18/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review doss not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant 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 discrFmineticn; a Title VI of the Civil Rights Act of 1964, es amended, which prohibits discrimination based on race, odor, 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 an sex in education programs or activities, rf. Aga 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. DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ATTACHMENT I MANDATORY CONTRACT PROVISIONS Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix Il to 2 C.F,R. Part 200. It is the responsibility of the sub -recipient to include tine required provisions. The following is a list of sample provisions from Appendix it to 2 CF.R, Part 200 that may be required:, Appendix II to Part 200--Contract Provisions for Non -Federal Entity Contracts Under Federal Awards in addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award 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.S.C. 1908, must address adminielrative, 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 the non -Federal entity including the manner by which it will be affected and the basis for settlement, (C) Equal Employment Opportunity. Except as Otherwise provided under 41 CFR Part 60, all contracts that swat the definition of "federaily assisted construction contract" In 41 CFR Pert 80-1.3 must include the *quaff 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 Opporturety, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C, 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federai entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3148.3146) as supplemented by Department, of Labor regulations (29 CFR Part 5, 'Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not lees than the prevailing wages specified in a wage determination made by the Secretary of Labor, to addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the currant 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, "Contractor's and Subcontractors on Public Building or Public Work Financed in Whole or in Part by teens 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 or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C, §§ 3702 and 3704, as ' 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 supplemented by [Apartment 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 lees than one and a half times the baslo 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 oonstruction 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 c dinerily available an the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contractor Agreement if the Federal award meets the definition of "funding agreement' under 37 CFR § 401.2 (a) and the recipient or Sub -recipient wishes to enter into a contract with a small business firm or 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," and any Implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. §§ 7441-7571q.) end 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 empty with ail 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.C. §§ 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 govern entwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the CMS guidelines at 2 CFR 180 that Implement Executive Orders 12549 (3 CFR Part 1988 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 atherwlae 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 file the required certification, Each tler certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to Influence en officer cr employee of any agency, a member of Congress, officer or employee of Congress, or en 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. (J) See § 200,323 Procurement of recovered materials. (K) See §200 210 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See §200,322 Domestic preferences for procurements (Appendix II to Part 200, Revised Eft, 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 sc 200.327 and 2 C.FR, Part 200, Appendix 1I. 66 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ATTACHMENTJ FINANCIAL AND PROGRAM MON1TORING GUIDELINES Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds, The Florida Divlsian of Emergency Management (FDEM) has a responsibility to track 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 guldeiines. Monitoring Is accomplished utilizing various methods including desk monitoring and on -site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic monitoring. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements. It involves the review of records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring seeks to validate and waist 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. jlllonitoringjeloction and Schedullno: 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 subject to either desk or on -site monitoring for a five (5) year period following closure. tkrea that: ill be examine l include: • Management and administrative procedures; • Grant folder maintenance; • Equipment accountability and sub -hand receipt procedures; s Program for obsolescence; • Status of equipment purchases; • Status of training for purchased equipment; • Status and number of response tralnings conducted to include number trained; • Status and number of exercises; • Status of planning activity; • Anticipated projected completion; • Difficulties encountered in completing projects; • Agency NIMSJICS compliance documentation; • Equal Employment Opportunity (EEO Status); • Procurement Policy FDEM may request additional monitoring/information of the activity, or lack thereof, generates questions from the region, the sponsoring agency or FDEM Isedership. The method of gathering this information will be determined on a case-by•case basis. Monitoring Activities: Desk reviews and site visits are two forms of monitoring. Desk monitoring is the review of pra;ects, 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 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) andior a site visit if FDJEM determines that a Sub,Recipieent is having difficulty completing their project As dffficuftiesldeficiencies 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 resotved at the regional or sponsoring agency level, Issues that require further TA will be referred to FDEM for assistance, Examples of TA include but are not limited to: • Equipment selection or available vendors • Eligibility of items or services • Coordination and partnership with other agencies within or outside the region or discipline • Record Keeping • Reporting Requirements • Documentation in support of a Request for Reimbursement On -site monitoring 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 oocardlnated 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. Qn-Site IlUienitarincr 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. Ste Visit Preparation A letter will be sent to the Sub -Recipient agency Point of Contact (P0C) outlining the date, time and purpose of' the site visit before the planned arrival date. The appointment should he confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder, The physical location of any equipment located at an alternate site should be confirmed with e representative from that location and the address should be documented in the grantee folder before the site visit. glaeSite Monitoring Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM Intends to examine will be Identified. All objectives of the site visit will be explained during this time. FDEM personnel will review all files 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 he visually nspacted whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal (information/serial number) placed Ina prominent location on each piece of equiprnent es per Sub Recipient 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 if en item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Other programmatic issues can be discussed et this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Konit_grinu yisltt EDEM personnel will review the On -alto monitoring worksheets and backup documentation as a team and discuss the everts of the On -site monitoring. Within Forty -Five (45) calendar days of the site visit, a post monitoring letter will be generated and sent to the grantee explaining any issues and corrective actions required or commendations, Should issues or findings be identified, a noncompliance letter to that effect will be generated and sent to the Sub -Recipient. The Sub -Recipient will submit a Corrective Action Flan within a timeframe as determined by .FEEM. Noncompliance on behalf of sub -grantees is resolved by management under the terms of the Sub -Grant Agreement. The On -site monitoring report and ail back up documentation will then be included In the Sub - Recipient's fife, Monitorini Resr2onsibtii,ties of Pass-thru Entitles Subreclpients who are pass -through entities are responsible for monitoring their subreoiprents in e manner consistent with the terms of the federal award at 2 C,F,R. Part 200, including 2 C.F.R. § 200.331, This includes the pass -through entity's responsibi4ity to monitor the activities of the subrecipient 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 goais 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 and conditions of the award or subaward, es applicable, including the terms of 2 C,F.R, Part 2CO. DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ATTACHMENT K EHP GUIDELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION [EHP) COMPLIANCE GUIDELINES The following typos of projects are to be submitted to FEMA for complianoo review under Federal Environmental Planning and Historic Preservation (EHP) laws and requirements prior to initiation of the project: • New Construction, Installation and Rerio'ietlon, including but not limited to: a Emergency Operation Centers a Security Guard facilities. a Equipment buildings (each as those -parrying communication towers) n Waterside Structures (such as dock houses, piers, etc,) o Placing a repeater and/or other equipment on an existing tower • Renovation of and modification to buildings and structures that are 50 years old or older O Any ether nstruction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to Improve perimeter security P Physical Security Enhancements, including but not limited to: a Lighting o Fencing a Closed-cirpuit television (CCTV) systems n Motion detection systems o Barriers, doors, gates and related security enhancements In addition, the erection of communications towers that are included in a jurisdiction's interoperable communications plan Is allowed, subject to elf appiicabteIaws, regulations, and licensing provisions. Communication tower projects must be subMitted to FEMA for EHP review. EH.P SCREENING FARM SUBMISSION For projects requiring EHP.revIew, the Sub -Recipient must submit the EHP Screering Form to the Stets Administrative Agency (mil) for review prior to funds being expended. The SAA Point of Contact for EFIP review is: t. Facia Pinnook Bureau f Preparedness — DomesticSeour ty. 2555 Shqtriarti QakBoulov rd Tallahassee, Florida 323994100 Teleerione: £350^815-4343 C llcia.F'irir3oakferri.iriyfloridacom II. The SAA POC will forwarcf EHP Screening Forms to OHSIFEMA for review and approval. Ili. Sub -Recipient's roust, receive written approval from the SAA prior to the use of grant funds for project implementation. THE PROJECT MAY NOT BEGIN UNTIL FINAL FEMA APPROVAL IS RECEIVED. 7 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ATTACHMENT L REIMBURSEMENT CHECKLIST pLANNING �. Does the amount billed by consultant add up correctly? El 2. Has ail appropriate documentation to denote hours worked been properly signed? Q 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (Note - If a meeting was held by Sub -Recipient or contractor/consultant of Sub - Recipient, an agenda and signup sheet with meeting date 4. Has the invoice from oonsultanticontraotcr been Included? (Note — grant agreement Must be referenced on the Invoice.) 5, Has proof of payment been Included? Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank) Eleotronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement D 6. Has Attachment to (found within Agreement with FDEM) bean completed for this contractor/consultant and Included in the reimbursement package? 7, Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment it further clarity Is needed. Sole Source (approved by FDEM for purchases exceeding S25,000) State Contract (page showing contract #, price list) Competitive bid results (e,g. Quotewire, bid tabulation page) ConsuftantsiContractors Mete; this empties to contractors slap blued udder Organization). TRAIN! G 1. Is the course LThIS approved? Li 2. Is there a course or catalog number? TI 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 baokfill, has documentation bean provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? Have documentation from entity's financial system been provided as proof attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfllling 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? ri 7. Have any expenditures occurred in support of the training such as printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment? If so, recelpts and proof of payment must be submitted. 71 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Canceled check, hank statement or transaction history (Showing the transaction was processed by the bank) Efectronlo Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement E 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment IP furfher clarify Is needed. Sole Source (approved by FDEM for purchases exceeding $26,006) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewire, hid tabulation page) eXERCISE 1. Has documentation been provided on the purpose/objectives of the exercise? Situation Manual Exercise Plan 2, If exercise has been conducted are the following included: After -action report Sign -in sheets Agenda Rosters 3. if billing for overtime and backftt1, has a spreadsheet been provided mat lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have doeumentatltrn from entity's iinenclai system bean provided to prove attendees were paid? For becrfili, hes a clear dellnsatlonfcross reference been provided showing who was backfilling who? El 4, Have the names on the sign -in sheets been cross-referenced with the names of the individuate for whom exercise reimbursement costs are being sought? C a, Have any expenditures aGourred on supplies (e.g., oopying 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 0 6. Has any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, eto,? 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 Cyedit Card Statement & payment to credit card company for that statement Li 7, bies proof of purchase melhodology been included? Please see Form 5 of Resorting Forms or Purchasing Basics Attachment if further clarify Is needed. Sole Source (approved by FDEM far purchases exceeding $26,000) State Contract (page showing contract #, price list) Competitive bid results (eg, I. uoto Ire, bid tabulation page) gQUIPnn nrr 1. Have all invoices beef inctudec? 72 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Ei 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? a 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 81 payment to credit card company for that statement L.i 5. If EHP form needed, has a copy of the approval DHS been included? 6. Has proof of purchase methodology been included? Pleese see Form 5 of Reporting Forms or Purchasing Basics Attachment If further clarity is needed Sole Source (approved by FDEM for purchases exceeding $25,000) ___ State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) TRAVEL/QQ(PERENCES ❑ 1. Have all receipts been turned In, itemized and do the dates on the receipts match travel dates? Airplane receipts Proof of mileage (Coogle or Yahoo map printout or mileage log) Toll and/or Parking receipts Hotel receipts (is there a zero balance?) Car rental receipts Registration fee receipts Note; Make sure that meals paid for by conference are not included in per diem amount Q 2. If travel is a conference has the conference agenda been Included? Q 3, Has proof of payment to traveler been Included? Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank Electronic Funds Transfer (EFT) Confirmation credit Card Statement & payment to credit card company for that statement Copy of paycheck if reimbursed through payroll SALARY POSITIONS 1. Has a stoned tlmesheet by employee and supervisor been included? Timesheet must certify the hours and information presented as true and correct. 2. Has proof for time worked by the employee been included? Is time period summary included? Statement of Earnings Copy of Payroll Check Payroll Register For fusion center analysts, have the certification documents been provided to the SAA to demonstrate compliance with training and experience standards? ORGANIZATION Ei 1. If billing for overtime and backflll, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? _ Have documentation from entity's financial system been provided to prove attendees were paid? 73 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 For baokflll, has a clear delineation/crass reference been provided showing who was backflling who? I p ? ALL HEIMBURSEMENT$ - THE FINAL ciircK El 1. Have all relevant forms been completed and included with each request for reimbursement (Including Daily Activity Reports for OPSO)? 0 2. Have the costs incurred been charged to the appropriate POIcTE category? 3. Does the total on all Forms submitted match? E 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? D B. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? - 7. If 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 ftle? n 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: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 FY 2021 Budget -Miami -Ft. Lauderdale UASI Exhibit #2 Jurisdiction Regional Project Procurement Category Sub -Category Discipline Une Item k a Detailed Item Description ABlti Qty Unit Cost Ftnat Budget Altocation BEMA Planning Personnel Emergency Management 2021-06A Emergency Management Planner 1 $115,325.00 $115,325.00 BEMA Equipment Equipment Emergency Management 2021-13A Light Towers for Night Field Operations 030E-03-LTPA 20 $11,000.00 $249,000.00 B50 Planning Training Emergency Management 2021-06B BSO PTE - CEMP/COOP/COG - National Homeland Security Conference 1 $14,000.00 $14,000.00 B50 Equipment Equipment Fire Rescue 2021-05A BMS Microwave Downlink System for Aircraft 06CP-03-MWAV 1 $226,000.00 $226,000.00 eSO Equipment Equipment All Disciplines 2021-05B Y Bomb Suit 02PE-01-BSUT 2 $12,500.00 $25,000.00 8S0 Equipment E ui Equipment q p Fire Rescue 2021-05C Microwave Downlink System for SUAS 06CP-03-MWAV 5 $13,000.00 565,000.00 8S0 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, 5005, 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 (LPR) (fixed to existing poles) 030E-01-ALPR, 21GN-00-INST, 216N-00-SHIP 6 $30,000.00 $180,000.00 Coral Springs Equipment Equipment Law Enforcement 202i 02A Y Portable Bollards for Special Events and Polling Locations 14SW-01-WALL 7 $7,143.00. $50,001.00 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Jurisdiction Regional Project Procurement Category Sub -Category Discipline One kerne - Detailed item Description AELM Qty Unit Cost Float audget Allocation Fort Lauderdale Equipment Equipment Emergency Management 2021-07A Ft. Lauderdale EOC- Enhancement 21GN-00-0CEQ, 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, 14CI-00-COOP, 216N-00-INST, 04H W-01-CABL 1 $79,450.00 $79,450.00 Fort Lauderdale Equipment Training All Disciplines 2021-OBA 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 $1,035.00 $7,340.00 Fort Lauderdale Equipment Equipment Law Enforcement 2021-05E 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 Goggres for SWAT 030E-02-TILA 6 $12,400.00 $74,400.00 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Jurisdiction Regional Project Procurement Category Sub -Category Discipline Sine item 8 Detailed Item Description AEL 11 City Unit Cost final Budget Allocation Fort Lauderdale Equipment Equipment Law Enforcement 2021-02B Y CCTV system installed at EOC and RTCC 145W-01-VIDA, 216N-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 $16,174.00 $16,174.00 Hialeah Equipment Equipment Law Enforcement 2021-02C 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.) 14S W-01-VIDA 04HW-01-INHW 04MD-03-DISP 21GN•00-MAIN, 21GN-00-1NST 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 PersonnelLaw Enforcement 2021-048 Y LPR Analystlustainment 1 $62,549.00 $62,549.00 Hialeah Planning Personnel Emergency 2021-06D Management Emergency Management Planner $100,000.00 $100,000.00 Hialeah Equipment Equipment Law Enforcement 2021-04C Y License Plate Reader System (LPR} Fixed on poles 13LE-00-SIJRV 04AP-02-AVLS 030E-01-ALPR 18 $22,636,00 $407,448,00 Hollywood Exercise Planning Ail Disciplines 2021-01C Y Cybersecurity Exercise and Plan Development 1 $273,497.00 $273,497.00 Hollywood Equipment Equipment Emergency Management 2021-078 EOC Enhancements to include computer 04H W-01-I NH W 1 $60,000.00 $60,000.00 Key Biscayne Equipment Equipment Fire Rescue 2021-13D Ballistic Vest and Helmets for Fire 01LE-01-SHLD 01LE-01HLMT 1 $23,200.00 $23,200-00 M&A Management and Administratio n All Disciplines 2021-17 M&A M&A 1 $560,500.00 $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-00-MAIN 1 $143,000.00 $143,000.00 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 lJurisdictionR eskmal Project Procurement Category Sub -Category Discipline UneItem R i Detailed Item Description Me 4ty Unit Cost Final audgetallaatIon Miami Equipment Equipment Emergency Management 2021-07C EOC Enhancements/Maintenance/ Sustainment 21GN-00-OCEQ 14CI-0o-COOP 075E-03-ENVS 06CC-05-PRTY 06CC-02-DSAD 216N-00-INST, 04MD-03-DISP, 04HW-01-INHW 1 $210,OOO.OD $230,000.00 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. 14CI-01-COOP 1 $20,000.00 $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-SATB 1 $30,000.00 $30,000.00 Miami Planning Training Al! 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 CEMPJCOOP/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 $54,894, EM $171,258 1 $226,152.00 $226,152.00 Miami Equipment Equipment Fire Rescue 2021-15D Deployable Repeaters 06CP-01-REPT 6 $21,714.00 $130,284.00 Miami PlanningEquipment E q Pequipment All1 Disciplines 2021-08B CERT/Miami - Training and $370,OOO.DO $170,O00.00 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Jurisdiction Regional Project Procurement Category Sub -Category Discipline tine Item a 9 v Detailed Item Description AELN Qty 0nit Cost Final nutl et Allocation Miami Organization Organization Fire Rescue 2021-020 y Operational OT far Special Events approved by FEMA; Fire $22,000 1 $s,00o.n0 $5,000.00 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-03-015P 21GN-00-MAIN 1 $313,567.fl0 $313,567.00 Miami E ui ment q P E ui ment q p Law Enforcement 2021 04D Virtual Reality Counter -Terrorism Training System Project 1 $178,000.00 $178,000.00 Miami ui Equipment q PEnforcement Equipment Law 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 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 EFIP process. 1 $60,000.00 $60,000.00 Miami Equipment Equipment Fire Rescue 2021-05F 4-Gas Meters and calibration sensors (69) 07CD-01-DPMG 1 $64,950.00 $64,950.00 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Jurisdiction Regional Project Procurement Category Sub -Category Discipline tine item w Detailed Item Description AEI.8 Qty UnitCost Finn! audpt Allocation Miami Equipment Equipment Fire Rescue 2021-01D PSAP Go Kits (COOP Project) 14CI-01-COOP 1 $35,000.00 $35,000.00 Miami Equipment Equipment Fire Rescue 2021-05G !HAT Explosion Detection 07ED-01-IMOB, 0772-00-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 Law Target Hardening at Miami Beach 145W-01-VIDA, Miami Beath Equipment Equipment Enforcement 2021-02F Y Facilities (Fire Stations, Satellite 1 $264,836.00 $264,836.00 Police Stations, Youth Centers) 21GN-00-INST Miami Gardens Equipment Equipment Law Enforcement 2021-02G Y Video Watt & Covert Surveillance Technology 04H W-01-INHW, 04MD-01-VCAM, 12TR-02-TEQP, 030E-02-ROVE, 045W-04-NETW, 045W-05-SCAD 1 $327,884.00 $327,884.00 Miami -Dade E ui ment Equipment Equipment q Emergency Management 2021-070 WebEOC Municipal Enhancement P 04MD-01-CDSS 1 $75,000.OD $75,000.00 Emergency Miami -Dade Planning Planning Management 2021-061 THIRA/SPRfor the County 1 $90,000.00 $90,000.00 Miami -Dade Equipment Equipment Emergency Management 2021-02H Y Security Camera/Access Control for MD Elections Department HQ 14SW-01-VIDA, 21GN-00-INST 1 $150,000.00 $150,000.00 Miami -Dade Planning Contractor Emergency 2021-06J Management Whole Community 1 $161,000.00 $161,000.00 Miami -Dade Exercise Contractor Emergency Management 2021-14A Closed POD Exercise and Training Video 1 $75,515.00 $75,515.00 Miami -Dade Equipment Equipment Emergency Management 2021-021 Y Access Control at MD Elections Department Building 145 W-01-PACS, 21GN-00-INST 1 $250,000.00 $250,000.00 Miami -Dade 2 Equipment Equipment Law Enforcement 2021-03B Y Forensic Video Covert Streaming Systems 13tE-00-SURV, 04H W-01-INHW, 04MD-03-DISP, 10GE-00-GENR 1 $134,058.00 $134,058.00 Miami -Dade Equipment Equipment Law Enforcement 2021-021 Y Multi Functional Video Wall and work stations for Fusion Center and RTCC 04HW-01-INHW 131T-00-INT1 21GN-00-OCEQ 21GN-00-INST, 04MD-03-DISP 1 $667,457.00 $667,457.00 Miami -Dade Equipment Equipment Fire Rescue 2021-11A Mobile Solar Power Supply Unit 10BC-00-SOLR 1 $107,554.00 $107,554.00 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Jurisdiction Regional Prulect Procurement Category Sub -Category Discipline Une Item N Detafled Item Description ABA City Unit Cost Final audget Allocation Miami -Dade Equipment Equipment Fire Rescue 2021-05H MCI Ambulance Bus/Mobile Treatment Unit (MTU) 12VE-00-ABUS 1 $583,961.00 $583,961.00 Miami -Dade Training Training Fire Rescue 2021-06K NIMS ICS Position Specific Training 1 $105,000.00 $105,000.00 Miami -Dade Planning Training Fire Rescue 2021-061 Planning, Training and Exercises: UASI Homeland Security Conference N/A 1 $5,000.00 $5,000.00 Miramar Equipment Equipment Fire Rescue 2021-08C Training Mannequins for CERT 04AP-08-5IMS 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 E ui Equipment q P Fire Rescue 2021-07E WebEOC Fleet Eyes Software y 04AP-OS-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 $9,000.00 $45,000.00 Miramar Equipment Equipment Fire Rescue 2021-13F Ballistic Helmets 01LE-01-HLMT 1 $10,000.00 $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 (PRO) 07RD-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 2021-15E APX6000 700/800 Portable Radios 06CP-01-PORT 6 $5,403.00 $32,418.00 Monroe Equipment Exercise Emergency Management 2021-051 Radiation Portal Monitor 15SC-00-PMON 1 $18,285.00 $18,285.00 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Jurisdiction Regional Project procurement Category Sub -Category Discipline line Item a N Detailed Item Description AELa Qty Unit Cost Final Budget Allocation Monroe Equipment Equipment Fire Rescue 2021-05K Hazmat Trailer with various hazmat equipment and PPE 12TR-00-TEQP, 01CB-04-ENSM, O1CB-02-ENSM, 01VT-02-FTWR, O1VT-02-GARM, O1VT-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 202i-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: Fort/shelter (125k) and generator ($84,576) 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 PB50 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-0I-BSUT and 02EX-02- RBTL 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-01-ARMR 011E01-HLMT 66 $1,133.00 574,778.00 Pembroke Pines Equipment Equipment Law Enforcement 2021-01F Y Data Analytics for RTCC 131T-00-FACE; 04HW-01-INHW 1 $214,000.00 $0.00 Pembroke Pines Equipment Equipment Fire Rescue 2021-OSM Y 6-Gas Detectors 07C0-01-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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Jurisdiction Regional Project ProcurementCategory Sub -Category Discipline tine item tl Er, Detailed item Description - AU!!Fin Qty Unit Cost al 4udget Aeocstlon 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 $75,000,09 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 2021-064 Regional Planning, Training & Exercise to include attendance at grant related meetings 21GN-00-TRNG 1 $20,876.00 $20,876.00 Regional Miami Organization Equipment Law Enforcement 2021-01G 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 131T-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-05-CD55 04AP-03-GI55 045W-04-NETW 1 $150,000.00 $150,000.00 Regional Ft. Lauderdale Training Equipment All Disciplines 2021-O8E Regional Citizen Corps/CERT Planning, Training Exercise and Equipment 19GN-00-BGPK 06CP-01-PORT 21GN-00-CCEQ 3 $100,000.00 $300,000.00 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 Jurisdiction Regional Project Procurement Category Sub -Category D scl$llne line item a y n Detailed Rem Description AIL Qty Unitcost Final BudgetARocation Regional Ft. Lauderdale Equipment Training AI Disciplines 2021-15F Deployable LTE Radio & Celluar Comm Kit - RDSTF 7 Interoperable Trailer - Regional Project 06CC-02-DSAD, 21GN-00-TRNG 1 $23,150.00 $23,150.00 Regional gq FDLE Equipment E ui Equipment P Law Enforcement 2021-1SG Communications Interoperability System D6CP-01-PORT 1 $8,000.00 $8,000.00 Regional FDLE Equipment Equipment Law Enforcement 2021-15H 7 Satellite Radios 06CC-03-SATM 1 $6,570.00 $6,570.00 Regional FDLE Equipment Equipment Law Enforcement 2021-09B Maintenance/5ustainment - Regional Command Vehicle Wrap 216N-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 $250,000.00 $250,000.00 Miami Equipment Equipment Fire 2021-05N Radiation Detection for Hazmat to include: 1 AreaRae Pro Rapid Deployment Kit RDK, cylinder (calibration), FLIR Identifinder R200 PRND, annual calibration, FTIR Technology, Autorae controler and cradles 07C5-01-KAVC, O7CD-0I-DPMG,Regional 07RD-02-PRDA, 07C5-01-KEGS 1 $150,000.00 $150,000.00 Re ional gq PESO Equipment E ui Equipment p Law Enforcement 2021-03E Y Regional Maritime Radar Project - Monroe 145W-02-RADR r 1 $330,000.00 $330,000.00 Regional MDEM Planning Exercise Emergency Management 2021-11C Logistics/Resource Management Project 1 $116,225.00 $116,225.00 Regional MDPD Equipment Equipment Fire 2021-151 Communications 700MHz Overlay O6CP-01-BASE, O6CP-02-BRDG 1 $436,888.00 $436,888.00 Regional PESO Training Law Enforcement 2021-01 Y CyberResponseTraining 1 $313,293.00 $313,293.00 Total $14,012,500.00 $14,012,500.00 $0.00 $2,212,500.00 10 Regional Project '�� Jurisdiction Procurement Category Sub -Category Discipline line Item P ro Metalled Item Description AELN Qty unit Cost Final Budget Allocation J 11 £9817E34t/£38S-3£88-bOLb-V006-3b4S34£b:a1 edoleAu3 u618nooa DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 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 Sheriff's ❑ffice (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) DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2021 "Jurisdiction" Agreement Number: R0521 FAIN Number: EMW-2021-SS-0005E-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: DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 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 NMS): 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 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 a 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 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 al! 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 #11". 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 events or exercises. Also, ensure that such equipment is readily available for onsite monitoring by DNS, 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 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 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 a records, books, papers or documents related to the grant. C. Financial Status Reports are due within 14 days after the end of each calendar quarter. A report must be submitted for every quarter that the award is active, including partial calendar quarters, as well as for periods where no grant activity occurs as stipulated in "Exhibit 1". D. Submit progress reports to describe progress to date in implementing the grant and its impact on homeland security in the state. E. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties as identified in "Exhibit 2", VIII. CONDITIONS, AMENDMENTS, AND TERMINATION A. The Participating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in full force and effect. C. This Agreement may be terminated by either party on thirty (30) days written notice to the other party at the address furnished by the parties to one another to receive notices under this agreement or if no address is specified, to the address of the parties' signatory executing this contract. D. This Agreement shall be considered the full and complete agreement between the undersigned parties and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except for any executory obligations that have not been fulfilled. DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 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 OVEIRALL 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: j'fl&_ Victoria Mendez Ann -Marie Sharpe, Director City Attorney Department of Risk Management 7 DocuSign Envelope ID: 43DF5D4E-90CA-4704-8B3E-58F3ADE34B63 ATTEST: Name: Title: PARTICIPATING AGENCY "(sub -recipient)" BY: NAME: TITLE: FID #: DUNS: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney Olivera, Rosemary From: Martinez, Maria Sent: Wednesday, June 28, 2023 11:06 AM To: Olivera, Rosemary; Hannon, Todd; Lee, Denise Cc: McGann, Tyrone; Guerra, Jose Subject: 23-1006 - Modification #1 - UASI - FY 2021 and the City of Miami Attachments: 23-1006 - UASI FY 2021 Modification #1 - City of Miami Executed.pdf Good morning Rosemary, Please find attached a fully executed agreement that is to be retained as an original for the City. Regards, !Maria T. !Martinez Administrative Assistant I Department of Fire -fescue Technical -Services Division 305.416.1672 (Office) 305.400.5316 (Fa4 mmartinez@miamigov.com i