HomeMy WebLinkAbout24707AGREEMENT INFORMATION
AGREEMENT NUMBER
24707
NAME/TYPE OF AGREEMENT
DEPARTMENT OF HOMELAND SECURITY
DESCRIPTION
GRANT AGREEMENT/DELIVERING FIRE OFFICER
DEVELOPMENT TRAINING TO MEMBERS OF THE CITY'S
FIRE DEPARTMENT/FILE ID: 14820/R-23-0506/MATTER ID: 23-
2683
EFFECTIVE DATE
September 15, 2023
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
12/4/2023
DATE RECEIVED FROM ISSUING
DEPT.
12/14/2023
NOTE
DOCUSIGN AGREEMENT BY EMAIL
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CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Fire -Rescue
DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "Department of Homeland Security - FEMA"
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ® YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
® GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY)
PURPOSE OF ITEM (BRIEF SUMMARY): Accepting Assistance to Firefighters Grant Program .
COMMISSION APPROVAL DATE: 11/16/2023
FILE ID: 14820 ENACTMENT NO.: R-23-0506
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
November 22, 2023
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SIGNATURE:
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SUBMITTED TO RISK MANAGEMENT
November 22, 2023
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SUBMITTED TO CITY ATTORNEY
November 29,
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SIGNATURE
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APPROVAL BY ASSISTANT CITY MANAGER
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PRINT:
SIGNATURE:
RECEIVED BY CITY MANAGER
November 29,
PRINT: ART
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SIGNATURE:
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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
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Date: 10/04/2023
AGENDA ITEM SUMMARY FORM
File ID: #14820
Commission Meeting Date: 11/16/2023
Requesting Department: Department of Fire -
Rescue
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Authorize Grant - Assistance to Firefighters Grant Program
Purpose of Item:
Resolution accepting a grant from the Federal Emergency Management Agency, U.S.
Department of Homeland Security, Grants Program Directorate, in the amount of
$1,152,909.09 with required matching funds from the City of Miami in the amount of
$115,290.91 for a total amount of $1,268,200.00; allocating the City's required matching
funds from Account Number
11000.184010.481000.0000.00000/00001.980000.891000.0000.00000
Background of Item:
The Federal Emergency Management Agency, U.S. Department of Homeland Security,
Grants Program Directorate has awarded the "Assistance to Firefighters Grant Award
for Fiscal Year 2022" to the City of Miami Department of Fire -Rescue ("Fire"). This grant
will allow Fire to deliver Fire Officer Development Training to 464 department members
and to purchase the necessary supplies & materials.
Budget Impact Analysis
Item is Related to Revenue
Item is an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
Total Fiscal Impact: $ 1,268,200.00
Start Up Cost: $1,152,909.09
Grant Special Revenue account No: 11000.184010.431000.0000.00000; $115,290.91 match
from
NDA Account No. 00001.980000.891000.0000.00000 and Special Revenue Account No:
11000.184010.481000.0000.00000
Department of Fire -Rescue
Department of Fire -Rescue
Department of Fire -Rescue
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Ty McGann
Johnny Duran
Eloy Garcia
Pedro Lacret
Marie Gouin
Arthur Noriega V
Reviewed B
Fire Department Review
Fire Budget Review
Fire Chief Review
Budget Analyst Review
Budget Review
City Manager Review
Completed 10/04/2023 1:40 PM
Completed 10/04/2023 1:40 PM
Completed 10/05/2023 9:18 AM
Completed 10/05/2023 1:26 PM
Completed 10/05/2023 4:00 PM
Completed 10/05/2023 4:24 PM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 10/25/2023 8:45 AM
Office of the City Attorney Juan Carlos Perez ACA Review Completed 11/02/2023 4:03 PM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 11/02/2023 5:00 PM
City Commission Todd B. Hannon Meeting Pending 11/16/2023 9:00 AM
City of Miami
Resolution R-23-0506
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14820 Final Action Date: 11/16/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW
SPECIAL REVENUE PROJECT TITLED "ASSISTANCE TO FIREFIGHTERS
GRANT PROGRAM FISCAL YEAR 2022" AND APPROPRIATING FUNDS FOR
THE OPERATION OF SAME CONSISTING OF A GRANT AWARDED BY THE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL
EMERGENCY MANAGEMENT AGENCY, GRANTS PROGRAM
DIRECTORATE, IN THE AMOUNT OF $1,152,909.09, WITH A REQUIRED
MATCHING FUND FROM THE CITY OF MIAMI ("CITY") IN AN AMOUNT NOT
TO EXCEED $115,290.91, RESULTING IN AN APPROXIMATE TOTAL FISCAL
IMPACT OF $1,268,200.00, FOR THE PROVISION OF DELIVERING FIRE
OFFICER DEVELOPMENT TRAINING TO 464 MEMBERS OF THE CITY'S
DEPARTMENT OF FIRE -RESCUE AND TO PURCHASE THE NECESSARY
SUPPLIES AND MATERIALS TO CONDUCT SAID TRAINING DURING THE
PERIOD BEGINNING SEPTEMBER 22, 2023, THROUGH SEPTEMBER 21,
2025; AUTHORIZING THE DISBURSEMENT OF MATCHING FUNDS FROM
ACCOUNT NUMBERS 11000.184010.481000.0000.00000 AND
00001.980000.891000.0000.00000; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS, INCLUDING AMENDMENTS, RENEWALS, AND EXTENSIONS,
ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO
IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT.
WHEREAS, the City of Miami ("City") has been awarded a grant in the amount of
$1,152,909.09 ("Grant") for the period beginning September 22, 2023, through September 21,
2025, from the United States Department of Homeland Security ("DHS"), Federal Emergency
Management Agency ("FEMA"), Grants Program Directorate ("GPD"); and
WHEREAS, as stipulated in the Grant, the Department of Fire -Rescue will utilize said
funds to deliver Fire Officer Development Training to 464 department members of the City's
Department of Fire -Rescue and to purchase the necessary supplies and materials to conduct
said training during the term of the Grant; and
WHEREAS, the Grant requires matching funds from the City in the amount of
$115,290.91; and
WHEREAS, it is appropriate for the City Commission to authorize the City Manager to
accept the Grant, establish a Special Revenue Account, and authorize the City Manager to
negotiate and execute any and all necessary documents, including amendments, renewals, and
extensions, all in forms acceptable to the City Attorney, in order to implement the acceptance of
and compliance with said Grant;
City of Miami Page 1 of 2 File ID: 14820 (Revision:) Printed On: 11/21/2023
File ID: 14820 Enactment Number: R-23-0506
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 City Manager is authorized' to accept the Grant in the amount of
$1,152,909.09 from FEMA to deliver Fire Officer Development Training to 464 department
members and to purchase the necessary supplies and materials to conduct said training.
Section 3. The following new Special Revenue Project is established and resources are
appropriated as described below:
FUND TITLE: Assistance to Firefighters Grant Program Fiscal Year 2022
RESOURCES: FEMA, DHS, GPD $1,152,909.09
City Matching Funds from
Acct. #11000.184010.481000.0000.00000
Acct. #00001.980000.891000.0000.00000
APPROPRIATIONS:
$115,290.91
$115,290.91
$1,268,200.00
Section 4. This appropriation is contingent upon final Grant approval by FEMA, DHS,
and the City Manager's acceptance thereof.
Section 5. The City Manager is further authorized1 to negotiate and execute any and all
necessary documents, including amendments, renewals, and extensions, all in forms
acceptable to the City Attorney, in order to implement the acceptance of and compliance with
the Grant.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
i"r
endezk , City Attor ey 11/2/2023
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 14820 (Revision:) Printed on: 11/21/2023
FUND TITLE: Assistance to Firefighters Grant Program Fiscal Year 2022
RESOURCES:
FEMA, DHS, GPD $1,152,909.09
City Matching funds from
Acct.# 11000.184010.481000.0000.00000 $115,290.91
Acct.# 00001.980000.891000.0000.00000 $115,290.91
APPROPRIATIONS: $1, 268, 200.00
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 09/15/2023
FEMA
Lillian Blondet
CITY OF MIAMI
444 SW 2ND AVENUE 5TH FLOOR - GRANTS ADMINISTRATION
MIAMI, FL 33130
EMW-2022-FG-01526
Dear Lillian Blondet,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the
Fiscal Year (FY) 2022 Assistance to Firefighters Grant (AFG) Grant funding opportunity has been
approved in the amount of $1,152,909.09 in Federal funding. As a condition of this grant, you are
required to contribute non -Federal funds equal to or greater than 10.0% of the Federal funds awarded,
or $115,290.91 for a total approved budget of $1,268,200.00. Please see the FY 2022 AFG Notice of
Funding Opportunity for information on how to meet this cost share requirement.
Before you request and receive any of the Federal funds awarded to you, you must establish
acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this
award, you acknowledge that the terms of the following documents are incorporated into the terms of
your award:
• Summary Award Memo - included in this document
• Agreement Articles - included in this document
• Obligating Document - included in this document
• 2022 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference
Please make sure you read, understand, and maintain a copy of these documents in your official file for
this award.
Sincerely,
PAMELA WILLIAMS
Assistant Administrator, Grant Programs
Summary Award Memo
Program: Fiscal Year 2022 Assistance to Firefighters Grant
Recipient: CITY OF MIAMI
UEI-EFT: KJT5RFPMWTK5
DUNS number: 072220791
Award number: EMW-2022-FG-01526
Summary description of award
The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the
public and firefighting personnel against fire and fire -related hazards. After careful consideration, FEMA
has determined that the recipient's project or projects submitted as part of the recipient's application
and detailed in the project narrative as well as the request details section of the application - including
budget information - was consistent with the Assistance to Firefighters Grant Program's purpose and
was worthy of award.
Except as otherwise approved as noted in this award, the information you provided in your application
for Fiscal Year (FY) 2022 Assistance to Firefighters Grants funding is incorporated into the terms and
conditions of this award. This includes any documents submitted as part of the application.
Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.
The following are the budgeted estimates for object classes for this award (including Federal share plus
your cost share, if applicable):
Object Class Total
Personnel $0.00
Fringe benefits $0.00
Travel $0.00
Equipment $0.00
Supplies $15,000.00
Contractual $0.00
Construction $0.00
Other $1,253,200.00
Indirect charges $0.00
Federal $1,152,909.09
Non-federal $115,290.91
Total $1,268,200.00
Program Income $0.00
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are
provided for any differences between the scope of work in the original application and the approved
scope of work under this award. You must submit scope or budget revision requests for FEMA's prior
approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2022 AFG
NOFO.
Approved request details:
Training
Specialized
DESCRIPTION
A 40-hour Fire Officer Development course to prepare 464 MFR personnel to progress to Fire
Officer I -IV levels per NFPA 1021 standards. Cost breakdown: 464 members x 40 hrs. x $65
per/hr. = $1,206,400. Cost per class: 40hrs x $65 per/hr.= $2,600 unit price. Trainees will pass a
certification test to demonstrate competence and practical proficiency on the following: Fire
Department Command Leadership: -Conflict resolution -Personnel Evaluation and Development -
Shift Commander Responsibilities -Station Management -Budgeting, Ordering, Purchasing -
Resource Recognition & Capabilities -Documentation Fire Prevention Protection Systems Fire
Investigation -Arson Recognition Mastering Fireground Command Elevator Emergencies
Electrical Emergencies Radio Communication Strategies and Tactics in: -Incident and Unified
Command -Multiple structures (i.e., high-rise, warehouse, strip mall, and single -story) -Mass
Casualty Incident Management
QUANTITY UNIT PRICE TOTAL
464 $2,600.00 $1,206,400.00
BUDGET CLASS
Other
Specialized
DESCRIPTION
18 MFR members who will provide course delivery. They are state -certified trainers and have
received Fire Officer Development train -the -trainer training up to current national standards. They
will provide 720 hours of course delivery at a rate of $65 per hour to 464 MFR members. Cost
breakdown: 18 members x 40 hrs. x $65 per/hr. = $46,800. Cost per class: 40hrs x $65 per/hr.=
$2,600 unit price.
QUANTITY UNIT PRICE TOTAL
18 $2,600.00 $46,800.00
BUDGET CLASS
Other
Supplies
DESCRIPTION
Materials need for training, such as instructor manuals, trainee workbooks, and building props for
real -life scenario trainings.
QUANTITY UNIT PRICE TOTAL
1 $15,000.00 $15,000.00
BUDGET CLASS
Supplies
Agreement Articles
Program: Fiscal Year 2022 Assistance to Firefighters Grant
Recipient: CITY OF MIAMI
UEI-EFT: KJT5RFPMWTK5
DUNS number: 072220791
Award number: EMW-2022-FG-01526
Table of contents
ArticleAssurances, Administrative Requirements, Cost Principles, Representations and
1 Certifications
ArticleGeneral Acknowledgements and Assurances
2
ArticleAcknowledgement of Federal Funding from DHS
3
ArticleActivities Conducted Abroad
4
ArticleAge Discrimination Act of 1975
5
ArticleAmericans with Disabilities Act of 1990
6
ArticleBest Practices for Collection and Use of Personally Identifiable Information
7
ArticleCivil Rights Act of 1964 — Title VI
8
ArticleCivil Rights Act of 1968
9
ArticleCopyright
10
ArticleDebarment and Suspension
11
ArticleDrug-Free Workplace Regulations
12
ArticleDuplication of Benefits
13
ArticleEducation Amendments of 1972 (Equal Opportunity in Education Act) — Title IX
14
ArticleE.O. 14074 — Advancing Effective, Accountable Policing and Criminal Justice Practices
15 to Enhance Public Trust and Public Safety
ArticleEnergy Policy and Conservation Act
16
ArticleFalse Claims Act and Program Fraud Civil Remedies
17
ArticleFederal Debt Status
18
ArticleFederal Leadership on Reducing Text Messaging while Driving
19
ArticleFly America Act of 1974
20
ArticleHotel and Motel Fire Safety Act of 1990
21
ArticleJohn S. McCain National Defense Authorization Act of Fiscal Year 2019
22
ArticleLimited English Proficiency (Civil Rights Act of 1964, Title VI)
23
ArticleLobbying Prohibitions
24
ArticleNational Environmental Policy Act
25
ArticleNondiscrimination in Matters Pertaining to Faith -Based Organizations
26
ArticleNon-Supplanting Requirement
27
ArticleNotice of Funding Opportunity Requirements
28
ArticlePatents and Intellectual Property Rights
29
ArticleProcurement of Recovered Materials
30
ArticleRehabilitation Act of 1973
31
ArticleReporting of Matters Related to Recipient Integrity and Performance
32
ArticleReporting Subawards and Executive Compensation
33
ArticleRequired Use of American Iron, Steel, Manufactured Products, and Construction
34 Materials
ArticleSAFECOM
35
ArticleTerrorist Financing
36
ArticleTrafficking Victims Protection Act of 2000 (TVPA)
37
ArticleUniversal Identifier and System of Award Management
38
ArticleUSA PATRIOT Act of 2001
39
ArticleUse of DHS Seal, Logo and Flags
40
ArticleWhistleblower Protection Act
41
ArticleEnvironmental Planning and Historic Preservation (EHP) Review
42
ArticleApplicability of DHS Standard Terms and Conditions to Tribes
43
ArticleAcceptance of Post Award Changes
44
ArticleDisposition of Equipment Acquired Under the Federal Award
45
ArticlePrior Approval for Modification of Approved Budget
46
Articlelndirect Cost Rate
47
ArticleAward Performance Goals
48
Article 1
Article 2
Assurances, Administrative Requirements, Cost Principles,
Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of
Management and Budget (OMB) Standard Form 424B Assurances - Non -
Construction Programs, or OMB Standard Form 424D Assurances - Construction
Programs, as applicable. Certain assurances in these documents may not be
applicable to your program, and the DHS financial assistance office (DHS FAO)
may require applicants to certify additional assurances. Applicants are required to
fill out the assurances as instructed by the awarding agency. II. DHS financial
assistance recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and
adopted by DHS at 2 C.F.R.Part 3002. III. By accepting this agreement, recipients,
and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are
in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable
federal laws, and relevant Executive guidance.
General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must
acknowledge and agree to comply with applicable provisions governing DHS
access to records, accounts, documents, information, facilities, and staff. I.
Recipients must cooperate with any DHS compliance reviews or compliance
investigations conducted by DHS. II. Recipients must give DHS access 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 or
personnel. III. Recipients must submit timely, complete, and accurate reports to the
appropriate DHS officials and maintain appropriate backup documentation to
support the reports. IV. Recipients must comply with all other special reporting,
data collection, and evaluation requirements, as prescribed by law, or detailed in
program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including
recipients acting as pass -through entities) of federal financial assistance from DHS
or one of its awarding component agencies must complete the DHS Civil Rights
Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first
award under which this term applies. Recipients of multiple awards of DHS
financial assistance should only submit one completed tool for their organization,
not per award. After the initial submission, recipients are required to complete the
tool once every two (2) years if they have an active award, not every time an award
is made. Recipients should submit the completed tool, including supporting
materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights
obligations and related reporting requirements contained in the DHS Standard
Terms and Conditions. Subrecipients are not required to complete and submit this
tool to DHS. The evaluation tool can be found at
https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. DHS Civil Rights
Evaluation Tool 1 Homeland Security. The DHS Office for Civil Rights and Civil
Liberties will consider, in its discretion, granting an extension if the recipient
identifies steps and a timeline for completing the tool. Recipients should request
extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to
expiration of the 30-day deadline.
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements,
press releases, requests for proposal, bid invitations, and other documents
describing projects or programs funded in whole or in part with federal funds.
Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States
are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of
1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, §
6101 et seq.), which prohibits discrimination on the basis of age in any program or
activity receiving federal financial assistance.
Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans
with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§
12101- 12213), which prohibits recipients from discriminating on the basis of
disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities.
Best Practices for Collection and Use of Personally Identifiable
Information
Recipients who collect personally identifiable information (PII) are required to have
a publicly available privacy policy that describes standards on the usage and
maintenance of the PII they collect. DHS defines PII as any information that permits
the identity of an individual to be directly or indirectly inferred, including any
information that is linked or linkable to that individual. Recipients may also find the
DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as
useful resources respectively.
Civil Rights Act of 1964 - Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of
1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no
person in the United States will, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44
C.F.R. Part 7.
Article 9
Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-
284, as amended through Pub. L. 113-4, which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in the
provision of services in connection therewith, on the basis of race, color, national
origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as
implemented by the U.S. Department of Housing and Urban Development at 24
C.F.R. Part 100. The prohibition on disability discrimination includes the
requirement that new multifamily housing with four or more dwelling units—i.e., the
public and common use areas and individual apartment units (all units in buildings
with elevators and ground -floor units in buildings without elevators) —be designed
and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart
D.)
Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402
and an acknowledgement of U.S. Government sponsorship (including the award
number) to any work first produced under federal financial assistance awards.
Article 11
Article 12
Article 13
Debarment and Suspension
Recipients are subject to the non -procurement debarment and suspension
regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2
C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations
restrict federal financial assistance awards, subawards, and contracts with certain
parties that are debarred, suspended, or otherwise excluded from or ineligible for
participation in federal assistance programs or activities.
Drug -Free Workplace Regulations
Recipients must comply with drug -free workplace requirements in Subpart B (or
Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the
Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the
Drug -Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
2 C.F.R. Part 200, Subpart E may not be charged to other federal financial
assistance awards to overcome fund deficiencies; to avoid restrictions imposed by
federal statutes, regulations, or federal financial assistance award terms and
conditions; or for other reasons. However, these prohibitions would not preclude
recipients from shifting costs that are allowable under two or more awards in
accordance with existing federal statutes, regulations, or the federal financial
assistance award terms and conditions may not be charged to other federal
financial assistance awards to overcome fund deficiencies; to avoid restrictions
imposed by federal statutes, regulations, or federal financial assistance award
terms and conditions; or for other reasons.
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Education Amendments of 1972 (Equal Opportunity in Education Act) —
Title IX
Recipients must comply with the requirements of Title IX of the Education
Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. §
1681 et seq.), which provide that no person in the United States will, on the basis of
sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving federal financial
assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44
C.F.R. Part 19.
E.O. 14074 — Advancing Effective, Accountable Policing and Criminal
Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply
with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local,
or territorial law enforcement agencies are also encouraged to adopt and enforce
policies consistent with E.O. 14074 to support safe and effective policing.
Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and
Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. §
6201 et seq.), which contain policies relating to energy efficiency that are defined in
the state energy conservation plan issued in compliance with this Act.
False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C.
§§3729- 3733, which prohibit the submission of false or fraudulent claims for
payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details
the administrative remedies for false claims and statements made.)
Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. (See OMB Circular A-129.)
Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging
while driving as described in E.O. 13513, including conducting initiatives described
in Section 3(a) of the Order when on official government business or when
performing any work for or on behalf of the Federal Government.
Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers
holding certificates under 49 U.S.C.) for international air transportation of people
and property to the extent that such service is available, in accordance with the
International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. §
40118, and the interpretative guidelines issued by the Comptroller General of the
United States in the March 31, 1981, amendment to Comptroller General Decision
B-138942.
Article 21
Article 22
Article 23
Article 24
Article 25
Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15
U.S.C. § 2225a
John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to
the prohibitions described in section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§
200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning
August 13, 2020, the statute - as it applies to DHS recipients, subrecipients, and
their contractors and subcontractors - prohibits obligating or expending federal
award funds on certain telecommunications and video surveillance products and
contracting with certain entities for national security reasons
Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. §
2000d et seq.) prohibition against discrimination on the basis of national origin,
which requires that recipients of federal financial assistance take reasonable steps
to provide meaningful access to persons with limited English proficiency (LEP) to
their programs and services. For additional assistance and information regarding
language access obligations, please refer to the DHS Recipient Guidance:
https://www.dhs.gov/guidance- published -help -department- supported -
organizations -provide -meaningful -access -people -limited and additional resources
on http://www.lep.gov.
Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the
funds provided under a federal financial assistance award may be expended by the
recipient to pay any person to influence, or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any federal
action related to a federal award or contract, including any extension, continuation,
renewal, amendment, or modification.
National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy
Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. §
4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for
Implementing the Procedural Provisions of NEPA, which require recipients to use
all practicable means within their authority, and consistent with other essential
considerations of national policy, to create and maintain conditions under which
people and nature can exist in productive harmony and fulfill the social, economic,
and other needs of present and future generations of Americans
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Nondiscrimination in Matters Pertaining to Faith -Based Organizations
It is DHS policy to ensure the equal treatment of faith -based organizations in social
service programs administered or supported by DHS or its component agencies,
enabling those organizations to participate in providing important social services to
beneficiaries. Recipients must comply with the equal treatment policies and
requirements contained in 6 C.F.R. Part 19 and other applicable statues,
regulations, and guidance governing the participations of faith- based organizations
in individual DHS programs.
Non -Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that
prohibit supplanting by law must ensure that federal funds do not replace (supplant)
funds that have been budgeted for the same purpose through non-federal sources.
Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the
Notice of Funding Opportunity (NOFO) for this program are incorporated here by
reference in the award terms and conditions. All recipients must comply with any
such requirements set forth in the program NOFO.
Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless
otherwise provided by law. Recipients are subject to the specific requirements
governing the development, reporting, and disposition of rights to inventions and
patents resulting from federal financial assistance awards located at 37 C.F.R. Part
401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with
Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as
amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The
requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain
the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition.
Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation
Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,)
which provides that no otherwise qualified handicapped individuals in the United
States will, solely by reason of the handicap, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance.
Article 32
Article 33
Reporting of Matters Related to Recipient Integrity and Performance
General Reporting Requirements: If the total value of any currently active grants,
cooperative agreements, and procurement contracts from all federal awarding
agencies exceeds $10,000,000 for any period of time during the period of
performance of this federal award, then the recipients must comply with the
requirements set forth in the government -wide Award Term and Condition for
Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200,
Appendix XI I, the full text of which is incorporated here by reference in the award
terms and conditions.
Reporting Subawards and Executive Compensation
Reporting of first tier subawards. Recipients are required to comply with the
requirements set forth in the government -wide award term on Reporting
Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A,
the full text of which is incorporated here by reference in the award terms and
conditions.
Article 34
Required Use of American Iron, Steel, Manufactured Products, and
Construction Materials
Recipients must comply with the "Build America, Buy America" provisions of the
Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of
Federal financial assistance from a program for infrastructure are hereby notified
that none of the funds provided under this award may be used for a project for
infrastructure unless: (1) all iron and steel used in the project are produced in the
United States --this means all manufacturing processes, from the initial melting
stage through the application of coatings, occurred in the United States; (2) all
manufactured products used in the project are produced in the United States —this
means the manufactured product was manufactured in the United States; and the
cost of the components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining
the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and (3) all construction materials
are manufactured in the United States —this means that all manufacturing
processes for the construction material occurred in the United States. The Buy
America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it
does not apply to tools, equipment, and supplies, such as temporary scaffolding,
brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and
furnishings, such as movable chairs, desks, and portable computer equipment, that
are used at or within the finished infrastructure project but are not an integral part of
the structure or permanently affixed to the infrastructure project. Waivers When
necessary, recipients may apply for, and the agency may grant, a waiver from
these requirements. Information on the process for requesting a waiver from these
requirements is on the website below. (a) When the federal agency has made a
determination that one of the following exceptions applies, the awarding official may
waive the application of the domestic content procurement preference in any case
in which the agency determines that: (1) applying the domestic content
procurement preference would be inconsistent with the public interest; (2) the types
of iron, steel, manufactured products, or construction materials are not produced in
the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or
construction materials produced in the United States will increase the cost of the
overall project by more than 25 percent. A request to waive the application of the
domestic content procurement preference must be in writing. The agency will
provide instructions on the format, contents, and supporting materials required for
any waiver request. Waiver requests are subject to public comment periods of no
less than 15 days and must be reviewed by the Made in America Office. There may
be instances where an award qualifies, in whole or in part, for an existing waiver
described at "Buy America" Preference in FEMA Financial Assistance Programs
for Infrastructure l FEMA.gov. The awarding Component may provide specific
instructions to Recipients of awards from infrastructure programs that are subject
to the "Build America, Buy America" provisions. Recipients should refer to the
Notice of Funding Opportunity for further information on the Buy America
preference and waiver process.
Article 35 SAFECOM
Recipients receiving federal financial assistance awards made under programs that
provide emergency communication equipment and its related activities must
comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable
communications.
Article 36
Article 37
Article 38
Article 39
Article 40
Article 41
Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions
with, and the provisions of resources and support to, individuals and organizations
associated with terrorism. Recipients are legally responsible to ensure compliance
with the Order and laws.
Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons. Recipients must comply with the requirements of the
government -wide financial assistance award term which implements Section 106
(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended
at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of
which is incorporated here by reference.
Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier
Recipients are required to comply with the requirements set forth in the
government -wide financial assistance 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 is incorporated here by reference.
USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§
175-175c.
Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS
seal(s), logos, crests or reproductions of flags or likenesses of DHS agency
officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower
protections (if applicable) at 10 U.S.0 § 2409, 41 U.S.C. § 4712, and 10 U.S.C. §
2324, 41 U.S.C. §§ 4304 and 4310.
Article 42
Article 43
Article 44
Article 45
Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmental Planning and
Historic Preservation (EHP) review are subject to the FEMA EHP review process.
This review does not address all federal, state, and local requirements. Acceptance
of federal funding requires the recipient to comply with all federal, state and local
laws. DHS/FEMA is required to consider the potential impacts to natural and
cultural resources of all projects funded by DHS/FEMA grant funds, through its
EHP review process, as mandated by: the National Environmental Policy Act;
National Historic Preservation Act of 1966, as amended; National Flood Insurance
Program regulations; and any other applicable laws and executive orders. General
guidance for FEMA's EHP process is available on the DHS/FEMA Website.
Specific applicant guidance on how to submit information for EHP review depends
on the individual grant program and applicants should contact their grant Program
Officer to be put into contact with EHP staff responsible for assisting their specific
grant program. The EHP review process must be completed before funds are
released to carry out the proposed project; otherwise, DHS/FEMA may not be able
to fund the project due to noncompliance with EHP laws, executive orders,
regulations, and policies. If ground disturbing activities occur during construction,
applicant will monitor ground disturbance, and if any potential archaeological
resources are discovered the applicant will immediately cease work in that area
and notify the pass -through entity, if applicable, and DHS/FEMA.
Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general
requirements imposed upon recipients and flow down to sub -recipients as a matter
of law, regulation, or executive order. If the requirement does not apply to Indian
tribes or there is a federal law or regulation exempting its application to Indian
tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms
and Conditions does not change or alter its inapplicability to an Indian tribe. The
execution of grant documents is not intended to change, alter, amend, or impose
additional liability or responsibility upon the Tribe where it does not already exist.
Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document
after an award has been made, including changes to period of performance or
terms and conditions, recipients will be notified of the changes in writing. Once
notification has been made, any subsequent request for funds will indicate recipient
acceptance of the changes to the award. Please call the FEMA/ GMD Call Center
at (866) 927-5646 or via e-mail to: ASK-GMDQa fema.dhs.gov if you have any
questions.
Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award by a
non -state recipient or non -state sub -recipients, when that equipment is no longer
needed for the original project or program or for other activities currently or
previously supported by a federal awarding agency, you must request instructions
from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R.
section 200.313. State recipients and state sub -recipients must follow the
disposition requirements in accordance with state laws and procedures.
Article 46
Article 47
Article 48
Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you must
request prior written approval from FEMA where required by 2 C.F.R. section
200.308. For purposes of non -construction projects, FEMA is utilizing its discretion
to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the
transfer of funds among direct cost categories, programs, functions, or activities.
Therefore, for awards with an approved budget where the federal share is greater
than the simplified acquisition threshold (currently $250,000), you may not transfer
funds among direct cost categories, programs, functions, or activities without prior
written approval from FEMA where the cumulative amount of such transfers
exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last
approved. For purposes of awards that support both construction and non -
construction work, FEMA is utilizing its discretion under 2 C.F.R. section
200.308(h)(5) to require the recipient to obtain prior written approval from FEMA
before making any fund or budget transfers between the two types of work. You
must report any deviations from your FEMA approved budget in the first Federal
Financial Report (SF-425) you submit following any budget deviation, regardless of
whether the budget deviation requires prior written approval.
Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the
indirect cost rate for the federal award. If applicable, the indirect cost rate for this
award is stated in the budget documents or other materials approved by FEMA and
included in the award file.
Award Performance Goals
FEMA will measure the recipient's performance of the grant by comparing the
number of items requested in its application, the numbers acquired (ordered, paid,
and received) within the period of performance. In order to measure performance,
FEMA may request information throughout the period of performance. In its final
performance report submitted at closeout, the recipient is required to report on the
recipients compliance with the applicable industry, local, state and national
standards described in the NOFO.
Obligating document
1. Agreement No.
EMW-2022-FG-
01526
2. Amendment
No.
N/A
3. Recipient
No.
596000375
4. Type of
Action
AWARD
5. Control No.
WX01191 N2023T
6. Recipient Name and
Address
CITY OF MIAMI
3500 PAN AMERICAN DR
MIAMI, FL 33133
7. Issuing FEMA Office and
Address
Grant Programs Directorate
500 C Street, S.W.
Washington DC, 20528-7000
1-866-927-5646
8. Payment Office and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742
9. Name of Recipient
Project Officer
Lillian Blondet
9a. Phone
No.
3059031315
10. Name of FEMA Project
Coordinator
Assistance to Firefighters Grant
Program
10a. Phone
No.
1-866-274-
0960
11. Effective Date of
This Action
09/15/2023
12. Method of
Payment
OTHER - FEMA
GO
13. Assistance
Arrangement
COST SHARING
14. Performance
Period
09/22/2023 to
09/21/2025
Budget Period
09/22/2023 to
09/21/2025
15. Description of Action a. (Indicate funding data for awards or financial changes)
Program
Name
Abbreviation
Assistance
Listings
No.
Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
oThisAction +
Current Total
Award
Cumulative
Non -Federal
Commitment
AFG
97.044
2023-F2-
GB01
P410-xxxx-
4101-D
$0.00
$1,152,909.09$1,152,909.09$115,290.91
Totals
$0.00
$1,152,909.09
$1,152,909.09
$115,290.91
b. To describe changes other than funding data or financial changes, attach
schedule and check here:
N/A
16 FOR NON DISASTER PROGRAMS. RECIPIENT IS REQUIRED TO SIGN ARID
RETURN THREE COPIES OF THIS DOCUMENT TO FEMA Block 7 for
(3) (Scc
mess)
This field is not applicable for digitally signed grant agreements
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) See Below DATE
18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE
PAMELA WILLIAMS, Assistant Administrator, Grant Programs 09/15/2023
ATTEST:
p-DocuSigned by:
By. ---E4-6.19+ssefleF-1.a
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS
DS
DocuSigned by:
ice
By: _EJE.FQOAR3FF045.7
Victoria Mendez
City Attorney
DocuSigned by:
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
DocuSigned by:
y: &-50eF6C 72BU42A...
Arthur Noriega
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS
By:
DocuSigned by:
'ratAk L V,
G€ .1 g-14€7...
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.
Olivera, Rosemary
From: McGann, Tyrone
Sent: Thursday, December 14, 2023 12:44 PM
To: Olivera, Rosemary; Hannon, Todd; Lee, Denise
Cc: Garcia, Aida; Perez, Juan- Police; Martinez, Maria; Guerra, Jose
Subject: Matter ID 23-2683 - AFG Grant Program FY 2022
Attachments: Matter_ID_23-2683_-_AFG_Grant_Program_Fiscal_Year_2022.pdf
Good Afternoon,
Please find attached a fully executed agreement that is to be retained as an original for the City. We have been advised
that the obligating document is not required to be executed by FEMA.
Regards,
2y Jilcgann
Assistant Fire Chief
Technical Services Division
City of Miami Fire -Rescue
444 SW 2' Avenue — 10th Floor
Miami, FL 33130
Office: 305-416-1024
tmcgann@miamigov.com
"Excellence through Service!"
1