HomeMy WebLinkAbout23070AGREEMENT INFORMATION
AGREEMENT NUMBER
23070
NAME/TYPE OF AGREEMENT
VILLAGE OF KEY BISCAYNE
DESCRIPTION
MEMORANDUM OF AGREEMENT/URBAN AREA SECURITY
INITIATIVE FY 2018/FILE ID: 5120/R-19-0025/MATTER ID: 20-
572/#96
EFFECTIVE DATE
January 28, 2020
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
3/30/2020
DATE RECEIVED FROM
ISSUING DEPT.
4/1/2020
NOTE
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
X GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
CITY OF MIAMI
DOCUMENT ROUTING FORM
30 70
ORIGINATING DEPARTMENT: Fire -Rescue
DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "Urban Area Security Initiative ("UASI") FY
2018 - Memorandum of Agreement ("MOA") - Village of Key Biscayne"
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES_^- X NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ IES X:N�O
❑ PUBLIC WORKS AGREEMENTG;J_=.
❑ MAINTENANCE AGREEMENTS ;—
❑ INTER -LOCAL AGREEMENT - ' — f :;
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
rc
OTHER: (PLEASE SPECIFY)
PURPOSE OF ITEM (BRIEF SUMMARY): To establish a special revenue project for UASI FY 2018 and MOA's.
COMMISSION APPROVAL DATE: 1/10/2019 FILE ID: 5120 ENACTMENT NO.: R-19-0025
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
'1nf�v,S: rv:V. w.,'=y �::] ';s:ti .ve.;-, �, !-'V?,t ,v���;t°•i:+•: ..,1r•+(�•ryy..y:V.�r `,T�9'�?'1
7ROUTIrNG:INF
Date
PLEASE PRINT AND SIG
APPROVAL BY DEPARTMENTAL DIRECTOR
PRINT: -r `G,i,.j, 1qF`
SIG TURF:
SUBMITTED TO RISK MANAGEMENT
l�1
P T: Al N — RIE S
&N /. n is/ IGNATURE:
SUBMITTED TO CITY ATTORNEY
3 r I /9/00
NT: VICTORIA NDEZ
�-(CO 11•� SO
SIGNA RE: 01
-- ' j
APPROVAL BY ASSISTANT CITY MANAGER
PRINT:
SIGNATURE:
RECEIVED BY CITY MANAGER
/�/
3 gj� 1
PRINT:
SIGNATURE:
ART NORIEGA
0
1) ONE'ORIGINAL,TO CITY CLERK;
2) ONE..COPY TO CITY ATTORNEY'S, QFF ICE;
3) REMAINING''ORIGIN_A_ L_(S)TO.ORIGINA_TINE .
DEPARTMENT_.
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PRINT'
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Maria T. Martinez, Administrative Assistant I
Fire -Rescue - COM
FROM: George K. Wysong, III, Division Chief for General Government
DATE: March 26, 2020
RE: Urban Area Security Initiative (UASI) - FY 2018 - MOA -Village of Key
Biscayne
Matter ID No.: 20-572
Enclosed please find the captioned agreement which has been approved by the City
Attorney as to form and correctness. Once this agreement has been fully executed please file one
original agreement with the City Clerk as the official record, please keep one original agreement
as your Department record, and please e-mail a copy of the fully executed agreement to my
assistant at Aida.Garcia@miami-police.org. We will be closing our file on this matter unless
additional services are requested.
If you have further questions, please feel free to contact me at 305-416-1800.
Enclosure(s)
WHEN RETURNING THIS CONTRACT
TO THIS OFFICE FOR FURTHER
REVIEW, PLEASE IDENTIFY AS
20-572
1312928
Exhibit A
MEMORANDUM OF AGREEMENT
URBAN AREA SECURITY INITIATIVE FY 2018
"Village of Key Biscayne"
Agreement Number: 19-DS--11-23-02-
FAIN Number: EMW-2018-SS-00064
CFDA #: 97.067
This Agreement is entered into this Z45 day of -Ti�1-iu)A-L1 , 2Q4-9, by and between the City
of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and the Village of Key
Biscayne, (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 $5,700,000 dollars through the Urban Area Security Initiative (UASI)
Grant Program 2018; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program
2018; 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 2018 and
involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the 2018 Urban Area has been defined Miami and Ft. Lauderdale collectively and
anticipates sub -granting a portion of the UASI funds in accordance with the grant requirements; and
WHEREAS, the City Commission, by Resolution No. R-19-0025 , adopted on January 10, 2019,
has authorized the City Manager to enter into this Agreement with each participating agency on behalf of
the City of Miami; and
WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the
Urban Area Working Group process to enhance Miami and its surrounding jurisdictions ability to respond
to a terrorist threat or act.
NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow:
1
Exhibit A
I. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies
for activities under the UASI Grant Program 2018 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 2018 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 2018: The UASI Grant Program 2018 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 2018 was appropriated by U.S. Congress and is authorized by Public Law 108-11, the
Emergency Wartime Supplemental Appropriations Act, 2003. The funding will provide assistance to
build an enhanced and sustainable capacity to plan, prevent, protect, mitigate, respond to, and recover
from threats or acts of terrorism for the selected urban areas.
D. National Incident Management System (NIMS): This system will provide a consistent nationwide
approach for federal, state, and local governments to work effectively and efficiently together to prepare
for, respond to, and recover from.. domestic incidents, regardless of cause, size, or complexity. To
2
Exhibit A
provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will
include a core set of concepts, principles, terminology, and technologies covering the incident
command system; multi -agency coordination systems; unified command and training.
E. Urban Area Working Group (UAWG): The State Administrating Agency Point of Contact (SAA POC)
must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identify
POCs from these jurisdictions to serve on the Urban Area Working Group. The Urban Area Working
Group will be responsible for coordinating development and implementation of all program elements,
including the urban area assessment, strategy development, and any direct services that are delivered
by the grant.
F. Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and
county/counties, or with which the core city or county/counties have established formal mutual aid
agreements.
IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the City of Miami Fire -Rescue Department,
authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency.
B. Coordinating with named counties and cities, with the respective State Administrative Agency, and with
the FDEM and USDHS.
C. Conducting a comprehensive Urban Area Assessment, which will in turn guide the development of an
Urban Area Stakeholder Preparedness Review.
D. Ensuring the participation of the following critical players in the assessment and strategy development
process: law enforcement, emergency medical services, emergency management, the fire service,
hazardous materials, public works, governmental administrative, public safety communications,
healthcare and public health.
E. Developing a comprehensive Urban Area Stakeholder Preparedness Review and submit to the SAA
POC.
F. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1".
G. Ensuring satisfactory progress toward the goals or objectives stipulated in "Exhibit #1".
H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit #1".
3
Exhibit A
I. Submitting required reports.
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the main liaison and partner with the City of
Miami Fire -Rescue Department, authorized to carry out the herein agreed upon responsibilities of the
Sponsoring Agency.
B. Participating Agencies and any sub -grantees must abide by the grant requirements including budget
authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of
assets as stipulated in "Exhibit #1".
C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct
purchases of equipment or services as stipulated in "Exhibit #1".
D. Complying with all UASI Grant Program 2018 requirements as.stipulated in "Exhibit#1".
E. Participating as a member of the Urban Area Working Group to include coordinating with and assisting
the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide
development of an Urban Area Stakeholder Preparedness Review.
F. Ensuring the participation of the following critical players in the assessment and Stakeholder
Preparedness Review development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, public works, governmental
administrative, public safety communications, healthcare and public health.
G. Assisting the sponsoring agency in development of a comprehensive Urban Area assessment and
Stakeholder Preparedness Review.
H. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1".
I. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit #1".
J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in "Exhibit #1".
K. Maintaining an equipment inventory of UASI purchased items.
L. Ensure that equipment obtained from the UASI Grant Program 2018, as identified in "Exhibit #2", is
readily available for use by personnel trained to use such equipment for actual emergencies or
4
Exhibit A
exercises. Also, ensure that such equipment is readily available for onsite monitoring by DI -IS, DEM,
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 or exercises. Failure to ensure equipment availability may result in Toss of funding and/or
equipment to the Participating Agency.
M. All equipment obtained from the UASI Grant Program 2018, 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 $300,000 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
Exhibit A
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 2018 assistance
for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland Security
or the Comptroller General, these documents are related to the receipt or use of such assistance. The
grantee will also give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine all records, books, papers or documents related to
the grant.
C. Financial Status Reports are due within 14 days after the end of each calendar quarter. A report must
be submitted for every quarter that the award is active, including partial calendar quarters, as well as
for periods where no grant activity occurs as stipulated in "Exhibit 1".
D. Submit progress reports to describe progress to date in implementing the grant and its impact on
homeland security in the state.
E. All financial commitments herein are made subject to the availability of funds and the continued mutual
agreements of the parties as identified in "Exhibit 2".
VIII. CONDITIONS, AMENDMENTS, AND TERMINATION
A. The Participating Agency will not illegally discriminate against any employee or applicant for
employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all
obligations under this Agreement.
B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated
by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or
regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the
Agreement shall remain in full force and effect.
C. This Agreement may be terminated by either party on thirty (30) days written notice to the other party
at the address furnished by the parties to one another to receive notices under this agreement or if no
address is specified, to the address of the parties' signatory executing this contract.
D. This Agreement shall be considered the full and complete agreement between the undersigned parties,
and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except
for any executory obligations that have not been fulfilled.
6
E. This Agreement will end on June 30, 2020, unless otherwise extended, by a written amendment duly
approved and executed prior to June 30, 2020, 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.
SPONSORING AGENCY
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
ATTEST:
i`'BY: ��� `---�� BY:
Todd B. Hannon Arthur Noriega V.
City Clerk
City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS:
BY:
Victoria Mendez
City Attorney
REQUIREMENTS:
Anr)-Marie harpe, �hirector
Departme of Risk Management
7
Exhibit A
ATTEST:
-}-o
v► lka c_ G(uk
Title:
PARTICIPATING AGENCY
"Village of Key Biscayne"
BY:
NAME: fvf\CQO r� L
TITLE: Akaiyu rc\cr
J
FID #:
DUNS:
APPROVED AS TO FORM AND
CORRECTNESS:
Participating Agency Attorney
8
RESOLUTION NO. 2020-02
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, AUTHORIZING THE PURCHASE
OF SECURITY EQUIPMENT FROM CONVERGINT
TECHNOLOGIES, LLC; APPROVING A MEMORANDUM
OF AGREEMENT FOR JOINT COMPLETION OF AN
URBAN AREAS SECURITY INITIATIVE PROGRAM
WITH THE CITY OF MIAMI FOR THE PURPOSE, OF
CARRYING OUT URBAN AREAS SECURITY INITIATIVE
PROGRAM OBJECTIVES; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne (the "Village") has identified equipment and
sustainment needs that have been included in the local Urban Area Security Initiative Program
(the "UASI") spending plan, which offers funds for the payment of such equipment and
sustainment needs accessible through the Florida Division of Emergency Management; and
WHEREAS, the Memorandum of Agreement for Joint Completion of the UASI between
the City of Miami (the "City") and the Village attached hereto as Exhibit "A" (the "Agreement")
provides for carrying out the UASI objectives as part of a Homeland Security initiative; and
WHEREAS, the Village sought proposals from four vendors for security equipment that
would be compatible with the Village's existing systems and with the UASI spending plan; and
WHEREAS, Convergint Technologies, LLC (the "Vendor") was the only vendor who
submitted a proposal for eligible and compatible security equipment, which proposal is attached
hereto as Exhibit "B" (the "Proposal"); and
WHEREAS, after review and evaluation of the Proposal, the Village Manager
recommends that the Village purchase the security equipment from the Vendor; and
WHEREAS, the Village Council seeks to authorize the Village Manager to execute the
Agreement with the City and purchase the security equipment from the Vendor consistent with
the Proposal in an amount not to exceed $18,000.00; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above -stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Approval of Agreement. That the Agreement, in substantially the form
attached hereto as Exhibit "A", is hereby approved, subject to approval by the Village Attorney
as to form and legal sufficiency, and the Village Manager is hereby authorized to execute the
Agreement, on behalf of the Village.
Section 3. Authorizing Purchase of Equipment and Source of Funds. That
pursuant to the Agreement, the purchase of equipment to strengthen and protect the community
against chemical, biological, radiological, and nuclear threats, in an amount not to exceed
$18,000.00 is hereby approved. The purchase shall be made from the Vendor consistent with its
Proposal attached hereto as Exhibit "B." The source of funds for the purchase shall be UASI
grant funds on a reimbursement basis in the amount of $15,427.00, as described in the
Agreement, and any cost in excess shall be funded from the Village's General Fund. Any
changes in the description of the purchased equipment shall be authorized by the Village
Manager and shall be in accordance with the terms of the Agreement and UASI grant terms.
Section 4. Implementation. That the Village Council hereby authorizes the Village
Manager to execute any purchase order or required documentation for the purchases described in
2
this Resolution, subject to approval by the Village Attorney as to form and legality, and to take
any action which is reasonably necessary to implement the purpose of this Resolution.
Section 5. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 28th day of January, 2020.
ATTEST:
JFy�QNIFE VIEDINA/CMC
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
3
Exhibit A
Contract Number; 19-DS--11-23-02-
FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT
2 C.F.R. §200.92 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. §200.74, "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. §200.93. "Sub -Recipient" means "a non -Federal entity that receives a subaward from a
pass -through entity to carry out part of a Federal program."
As defined by 2 C.F.R. §200.38, "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. §200.92, "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, §200.331(a)(1):
Sub -Recipient's name:
Sub -Recipient's unique entity identifier:
Federal Award identification Number (FAfN);
Federal Award Date:
Subaward Period of Performance Start and End Date:
Amount of Federal Funds Obligated by this Agreement;
Total Amount of Federal Funds Obligated"to the Sub-Reclpient
by the pass -through entity to include this Agreement:
Total Amount of the Federal Award committed to the Sub -Recipient
by the pass -through entity:
Federal award project description (see FFATA):
Name of Federal awarding agency:
Name of pass -through entity:
Contact information for the pass -through entity:
Catalog of Federal Domestic Assistance (CFDA) Number and Name:
Whether the award is R&D:
Indirect cost rate for the Federal award:
City of Miami Fire Rescue
072220791
EMIW-2018-SS-00064
Seotember0l, 2018
Date of Execution—12/31/2020
S5 700.000.00
$12,298.229,90
$5, 700,000,00
See Article 1, Agreement Artic(es:
E M W-2018-S S -0006 4-S 01
Dept. of Homeland Security
FL Div. of Emergency Nlanaaemertt
2555 Shumard Oak Boulevard
Talfahassee, Florida 32311
97.067 Homeland Security Program
NOjN/A/)
28.33%
Exhibit 1
Exhibit
THIS AGREEMENT is entered into bythe State ofFlorida, Division ofEmergency Management, with
headquarters inTallahassee, Florida(horeinaMorrefarredto leuthe"Divisioml.anotheCitno[NliamiFknRaoo e
(hereinafter referred m*athe "Guh'Rodpimnp').
For the purposes of this Agreement, the Division serves as the pass -through entity for uFederal award, and
the Sub'Reoipi.entserves oothe recipient nfeoobaward,
THIS AGREEMENT |GENTERED INTO BASED ONTHE FOLLOWING REPRESENTATIONS:
4. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide
^ ^
the services identified herein;
B. The State ofFlorida received these grant funds frorn the Federal government, and the Olvision has the
authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined belowi 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 OFSTATE LAW TOTHIS AGREEMENT
2C.F.R.52O0.302provides: 'Each state must expend and account for the Federal award |n
accordance with stute|ovsandpmcedurooho,oxpondingonducoounhngfo/thootate'oownfundo." The,nfom,
section 215.8r1.Florida Statutes, nnUVod"Agreements funded with federal orstate eoviotanoo^.applies tothis
Agreement,
(2) LAWS. RULES. REGULATIONS AND POLICIES
a. The Sub'Raoipiont'operformance Linder this Agreement issubject to2C.F.R.Part 2VO.
entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Avsndo.`
h. As required by Section 215.971(1), Florida Statutes, this Agreement includes:
|, A provision specifying a Scope of Work that clearly establishes the tasks that the
8ub7lRen|p(ent|srequired to perform.
ii Aprovision dividing the agreement into quanUfioh|ounits nfdoUvorah|enthat must Ve
received and accepted in writing by the Division before payment, Each deliverable must be directly related to the
Scope o[Work and npnc|f�/ the required minimum level of service to be performed and the criteria for evaluating the
successful completion ofeach deliverable,
N. Aprovision specifying the financial consequences that apply ifthe Sub -Recipient fails
mperform the minimum level u[service required bythe agreement,
|v. * provision specifying that the Sub -Recipient may expend funds only for allowable
costs resulting koniobligations incurred during the apmdfiodagreement period,
V. 8provision spooify�ingthat any balance ofunob|iga,edfunds which has been
advanced orpaid must borefunded to the Division.
vi. Aprovision specifying that any funds paid inexcess o[the amount howhich the Sub -
Recipient |oenUUodunderthoha,muanUcondi8onaof(Uoag/oarnontmuvtboreh/nded tothe Division.
n. |naddition to the foregoing. the Sub -Recipient and the Division shall bngoverned byAl
applicable State and Federal laws, rules and regulations, including those Identified in Attachment D. Any express
rofuroncu|nthis Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule. or
regulation applies.
(3) CONTACT
—
Exhibit I
i
!
(
|
!
==--
Exhibit
a. In accordance with section 215,971(2). Florida Statutes, the Division's Grant Manager shall bo
responsible for enforcing performance pf this Agreement's terms and conditions and shall serve aothe Division's
liaison with the Sub -Recipient. Aopart ofhis/her duties, the Grant Manager for the Division shall:
I. Monitor and document Sub -Recipient performance; and,
|i Review and document all deliverables for which the Sub -Recipient requests payment.
b. The Division's Grant Manager for this Agreement Is:
Michael J.Day
25558humordOak Boulevard
Tallahassee, Florida 32388-21On
Telephone: (g5O)815'4348
EmeikMDohao|.Doy6Dom.myOoride.00m
o. The name and address ofthe Representative nf the Gbb'Reuipiontresponsible for the
administration of this Agreement is:
ChieyPote Gomez
444 Svv21" Avenue. 101hFloo
Miami.FL 35130
Telephone: 305'416'5402
Fax: �05-569`4070
Email: pnomaz,5miominov.com
d. In the event that different representatives oraddresses are designated bfeither party after
execution of this Agreement. notice of the name, title and address o[the new representative will beprovided to the
other party.
(4) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may be taken
asonoriginal,
(0) MODIFICATION
Either party may request modification ofthe provisions mfthis Agreement, Changes which are
agreed upon shall bovalid only when in writing, signed by each of the parties, and attached to the ohginal ofthis
Agreement.
(7) SCOPE OFWORK.
The Sub -Recipient shall perform the work |naccordance with the Budget and Scope o[Work,
Attachment Aand Bnfthis Agreement.
(0) PERIOD OFAGREEMENT.
This Agreement shall begin upon execution by both parties and shall and on December 31 2028.
unless terminated earlier inaccordance with thwprovisions nyParagraph (17)ofthis Agreement. Consistent with the
deOnitionof^periodofporfonnanca^cnnta/nedin2O.F.R.02OO.77.Neterm^pahmUofognaement'rofemto 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 u[porfoxmomne.^ |naccordance with section Z15.871(1)(d).Florida
]
Exhibit
Exhibit A
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
o. This |oacost-reimbursement Agreement. subject to the availability u[funds.
b. The State of Florida's performance and obligation to pay under this Agreement Is contingent
upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter
216. Florida Statutes, orthe Florida Constitution.
c The Division will reimburse the Sub -Recipient only for allowable costs incurred hythe Sub -
Recipient |nthanuvceoofu|oomp|aUonufeooAdoUvonab!o. 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 entirely uf this Agreement |o$5.700.O0U.O0.
d. Anrequired by2C.F.R.§2O0.415(o).any request for payment under this Agreement must
include a certification, signed by an Official Who IS authorized to legally bind the Sub -Recipient, which reads as
follows: "By signing this repvrt.|certify tnthe best o[myknowledge and belief that the report iutrue, complete, and
accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the
terms and conditions o[the Federal award. /omaware that any false, fictitious, orfraudulent Information, or(ho
omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements,
false claims vrotherwise. (U.8.Code Title 1D.Section 1OU1and Title 3|.Sections J729'37J0and JOD1`]D12).^
o. The Division *11 review any request for reimbursement by comparing the documentation
provided by the Sub -Recipient against a performance measure, outlined in Attachment Aand B.that clearly
i The required minimum acceptable level o{service toUoperformed; and,
U. The criteria for evaluating the successful completion of each deliverable.
f, The performance measure required bysection 2i5.971(1)(h),Florida Statutes, remains
consistent with the requirement for e"performance goar.which is defined in2C.F.R.02OV.7Oas"atarget level u[
performance expressed osatangible, measurable objective, against which actual achievement can bompmpamd." It
also remains consistent with the requirement, contained in2 C.F.R.82VO.30i.that the Division and the Sub -
Recipient 'relate financial data hoperformance accomplishments o[the Federal ormnJ."
g. /f authorized bythe Federal Awarding Agency, then the Division will reimburse the Sub -
Recipient hzrovorVmeoxpenveo/nmxuordannaWth2C.F.R.O2OQ480(^CumpanuoUon—pomono(aa'v\cex'')anU2
C,F.R.02OO.431 (^CompensaVon--fringobennUto^). 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, orother similar cause (see 29U.G.C. §2O7(o)(3)).then the Division will treat the expense amufringe
benefit. 2C.FR.§20O,431(a)dnfinoofringe henafibea'allowances and services provided byemployers to their
employees oocompensation inaddition toregular salaries and *ageo.^ Fringe benefits are allowable under this
Agreement aolong aothe benefits are reasonable and are required bylaw. Sob'Reuip|ent*mp/oyeoagreement, or
onestablished policy u[the Sub'ReoipionL 2D.F.R. §2O0.431(b)provides that the cost of fringe benefits |nthe form
of regular compensation paid to employees during periods of authorized absences from the job, such as for annual
|oove.fami|y'm|a0ad |eovo, sick leave, holidays, court leave, militaryleave, administrative leave, and other similar
benefits, are allowable ifall of the following criteria are met:
i They are provided under established written leave policies;
4
Exhibit
_
i
/
|
Exhibit
UL The costa are equitably allocated toall related activities, including Federal awards;
and.
M. The accounting basis (cash maccrual) selected for costing each type o[leave is
consistently followed bythe non -Federal entity orapeoifiadgrouping cfemployees,
h. |fauthorized hythe Federal Awarding Agency, then the Division will reimburse the Sub -
Recipient for travel expenses inaccordance with 2 C.F.R.§20O.474. Aorequired bythe Reference Guide for State
Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes
submission of the claim unthe approved state travel voucher. |[ the Sub -Recipient seeks reimbursement for travel
costs that exceed the amounts stated insection 112.VO1(0)(h).Florida Statutes ($Ofor breakfast, $11 for lunch, and
V9for dinnar).then the Sub -Recipient must provide documentation that:
i The costs are reasonable and dnnot exceed charges normally allowed bythe Sub -
Recipient inits regular operations maeresult uf the Sub'Reop|ent'swritten travel policy; and,
ii Participation o[the individual inthe travel isnecessary to the Federal award.
i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall
reconcile and verify all funds received against all funds expended during the grant agreement period and produce a
final reconciliation report. The fino|report must |denhf/any funds paid inexcess o[the expenditures incurred Uythe
Sub -Recipient.
/AoUofimadUy2C.F.R.g2O0.5J.the term "improper payment" means urincludes:
L Any payment that should not have been made orthat was made inanincorrect
amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally
applicable requirements; and,
ii. Any payment toanIneligible party. any payment for anineligible good orservice, any
duplicate payment, any payment for ogood orservice not received (except for such payments where authorized hy
|ow).any payment that does not account for credit for applicable discounts, and any payment where Insufficient or
lack of documentation prevents a reviewer frorn discerning whether a paymentwas proper.
(10)RECORDS
o. Aoraqu|reUUy2C.p.R.g2OO.336.thoFederu|owandiogogonoy.|nopoo(orsGanera|.(hn
Comptroller General of the United States, and the bivision, or any of their authorized representatives, shall enjoy the
right o[access toany documents, papers, nrother records of the Sub'Rac|pion(whioh are pertinent to the Federal
award, inorder tomake audits, examinations, excerpts, and transcripts. The hghiufaccess also Includes timely and
reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such
documents. Finally, the right of access is not limited to the required retention period but lasts ealong mnthe records
are retained.
b. Asrequired by2C.Ffl§208J31(o)(5).the Division, the Chief Inspector General cf the State
ofFlorida, the Florida Auditor General, orany of their authorized representatives, shall enjoy the right ofaccess 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 ofaccess also includes timely
and reasonable access to the Sub-Reciptent's personnel for the purpose of Interview and discussion related to such
documents.
o. Asrequired UyFlorida Department ufState'srecord retention requirements (Chapter 11O.
Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance
Exhibit
with the terms ofthis Agreement, aswell as the compliance of all subcontractors or consultants paid from funds
under this Agreement, for aperiod o[five (5) years from the date of'submisokmn[the finelexpenditure report. The
following are the only exceptions mthe fiv,(5)year requirement;
/, ifany litigation, claim, uraudit iostarted before the expiration nf the 5-yoarperiod,
then the records must bnretained until all litigation, claims, nraudit findings involving the records ho,obeen resolved
and Final action taken.
ii. When the Division nrthe Gubfec|pieniisnotified in writing by the Federal awarding
agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through
entity hmextend the retention period.
i|i Records for naa| property and equipment acquired with Federal funds must be
retained for 5years after final disposition.
iv. When records are transferred toormaintained bythe Federal awarding agency nr
pass -through entity. the §-yearretention requirement /onot applicable to the Sub -Recipient.
V. Records for program income transactions after the period ofperformance, In some
Gases recipients must report program income after the period o[performance. Where there iosuch mrequirement,
the retention period for the records pertaining to the earning oythe program income starts from the end o[the non -
Federal endty'nhnoo|yoar|nwh|ch(hepmgrxminoomeioeamod.
vi Indirect cost rate proposals and cost allocations plans. This paragraph applies bnthe
following types ufdocuments and their supporting records: indirect nox(rate computations nrproposals, cost
allocation plans, and any similar accounting computations of the rate at which a particular group of costs is
chargeable (such aocomputer usage oha/Qa$ackrates orcomposite fringe benafitroteo).
d. |naccordance with 2C�F.R.§2OO.3�4.the Federal awarding agency must request transfer o[
certain records to its custody from the Division or the Sub-Recip[ent when it determines that the records possess
long-term retention value.
e. |naccordance with 2C.F.R.8200.335.the DMsionMust al'N@ynprovide oraccept paper
versions of Agreement information to and from the Sub -Recipient upon request. Ifpaper copies are submitted, then
the 0Wn/on must not require more than an original and two copies. When original records are electronic and cannot
be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions
may hesubstituted through the use of duplication or other forms of electronic media provided that they are Subject to
periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable.
I, 8smnuiedby2C.F.R.02VO.O03.thoGub'Reuipien\ohm||takoraunonaNmmnaouresto
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 o/conDdonUa|i(y.
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 proc;eedings and mandates three,hosicneqvipnmun$:(1)
meetings ofpublic boards or commissions must be open to the public; (2) reasonable notice of such meetings must
begiven; and, (3)minutes of the meetings must botaken and promptly recorded. The mere receipt ofpublic funds by
a private entity, standing alone, |ninsufficient tobring that entity within the ambit n[the open government
requirements, However, the Government in the Sunshine Law applies to private entities that provide services to
governmental agencies and that act onbehalf o�000aQendooin�nagomc|em'perfbnnoncoofthirpub|icd dut
ies,
If a public agency delegatesthe performance of its public purpose to a private entity, then, to the extent that private
b
Exhibit A
entity is performing that public purpose. the Government in the Sunshine Law applies. For example, if a volunteer fire
department provides firefighting services to a governmental entity and uses facilities and equipment purchased with
public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire
department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Reciplent based upon
the funds provided under thls Agreement, the meetings of the Sub -Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board may be subject to open government
requirements. These meetings shall be publicly noticed. open to the public, and the minutes of all the meetings shall
be public records, available to the public in accordance with Chapter 119, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state and local
governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the
Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an
agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge
qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing
alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public
entity delegates a public function to a private entity, the records generated by the private entity's performance of that
duty become public records. Thus, the nature and scope of the services provided by a private entity determine
whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program costs. in a
form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work -
Attachment A and B - and all other applicable taws and regulations.
iF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156,
Records@em,myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399,
(11)AUDITS
a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200,
Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient
shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the
meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the
Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the
Division shall use Generally Accepted Government Auditing Standards (''GALAS"). As defined by 2 C.F.R. §200.50,
GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the
Comptroller General of the United States, which are applicable to financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance
with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all
funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the
Division has notified the Sub -Recipient of such non-compliance.
7
Exhibit 1
Exhibit A
e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined
in section 215,97(2)(h), Florida Statutes, as 'an independent certified public accountant licensed under chapter 473."
The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit
must be received by the Division no later than nine months from the end of the Sub -Recipient's Fiscal year.
f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance
with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address:
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the
Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collect/ddeindex.html
h. The Sub -Recipient shall send any management letter tssued by the auditor to the Division at
the following address:
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(12) REPORTS
a. Consistent with 2 C.F.R. §200,328, the Sub -Recipient shall provide the Division with quarterly
reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and
all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to any other information requested by the Division.
b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of
the program year and shall be sent each quarter until submission of the administrative close-out report. The ending
dates for each quarter of the program year are March 31, June 30, September 30 and December 31.
c. The close-out report is due 60 days after termination of this Agreement or 60 days after
completion of the activities contained in this Agreement, whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a manner
acceptable to the Division, then the Division may withhold further payments until they are completed or may take
other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was
completed in accordance with the Budget and Scope of Work.
e. The Sub -Recipient shall provide additional program updates or Information that may be
required by the Division.
f. The Sub -Recipient shall provide additional reports and information identified in Attachment B.
(13) MONITORING.
a. The Sub -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
8
Exhibit 1
Exhibit A
specified time periods. and other performance goals are being achieved. A review shall be done for each function or
activity in Attachment A to this Agreement, and reported in the quarterly report.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on -
site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and
cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the
Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to
comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -
Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed
necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the
performance and financial management by the Sub -Recipient throughout the contract term to ensure timely
completion of ail tasks.
(14) LIABILITY
a. Unless Sub -Recipient Is a State agency or subdivision, as defined in section 768.28(2). Florida
Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement;
as authorized by section 758.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all
claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of
this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent
contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency
or subdivision, as defined in section 768,28(2), Florida Statutes, agrees to be Fully responsible for its negligent or
tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages
proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing
herein is intended to serve as a waiver of sovereign immunity by any Sub-Reclpient 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) DEFAULT.
If any of the following events occur ("Events'of Default"), all obligations on the part of the Division to
make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth
in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without
waiving the right to exercise such remedies, and without becoming liable to make any further payment if:
a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous
agreement with the Division is or becomes false or misleading in any respect. or if the Sub -Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and
has not cured them in timely fashion. or is unable or unwilling to meet its obligations under this Agreement;
b. Material adverse changes occur in the financial condition of the Sub -Recipient at any time
during the term of this Agreement, and the Sub -Recipient faits 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) REMEDIES.
9
Exhibit 1
Exhibit A
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 clays prior
written notice of the termination, The notice shall be effective when placed in the United States, first class mail,
postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub -Recipient refund to the Division any monies used for Ineligible purposes
under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i, Request additional information from the Sub -Recipient to determine the reasons for or
the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
f. 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.
(17) TERMINATION,
a. The Division may terminate this Agreement for cause after thirty days 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 convenience or when It determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Sub -Recipient with thirty calendar days prior written notice.
c. 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.
d. 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 refieved of liability to the Division because of any breach of
Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub-
10
Exhibit 1
Exhibit A
Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is
determined.
(18) PROCURENIENT
a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the
Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through
200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts
Under Federal Awards").
b. As required by 2 C.F,R. §200.318(b), 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 for
the contract price."
c. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain oversight to ensure that
contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase
orders." In order to demonstrate compliance with this requirement, the Sub -Recipient shall document, in its quarterly
report to the Division, the progress of any and all subcontractors performing work under this Agreement.
d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by small purchase procedures pursuaht to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to
subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a
copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or
communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -
Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation
for compliance with the procurement standards outlined in 2'C.F.R. §§200.318 through 200.326 as well as Appendix
iI to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of
the Sub-Reciplent. While the Sub -Recipient does not need the approval of the Division in order to publish a
competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the
commodity or service specifications. The Division's review and comments shall not constitute an approval of the
solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations,
and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate
those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined
above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the
solicitation is deficient, then the Division may:
i. Terminate this Agreement in accordance with the provisions outlined in paragraph
(17) above; and,
ii. Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation.
e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or
procurements by smart purchase procedures pursuant to 2 C.F.R. §200.320(b), 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 shalt review the unexecuted contract and
provide comments. if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324,
the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R.
§§200.318 through 200.326 as well as Appendix fl to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the
Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the
11
Exhibit 1
Exhibit A
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 well as deficiencies in the procurement process that led to the
subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of
the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If
during its review the Division Identifies any deficiencies, then the Division shall communicate those deficiencies to the
Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient
executes a subcontract after receiving a communication from the Division that the subcontract is non -compliant, then
the Division may:
1. Terminate this Agreement in accordance with the provisions outlined in paragraph
(17) above; and,
ii. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract.
f. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations,
and OH) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by
law.
g. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shalt "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(a), the Sub -Recipient shall conduct any procurement under
this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not:
I. Place unreasonable requirements on firms in order for them to qualify to do business;
II. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated companies;
iv. Execute noncompetitive contracts to consultants that are on retainer contracts;
v, Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an equivalent;
vii. Specify a brand name product instead of describing the performance, specifications,
or other relevant requirements that pertain to the commodity or service solicited by the procurement;
Ail. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with developing or
drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals,
1. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage"
otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when
procuring commodities or services under this Agreement.
j. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids)
in accordance with 2 C.F.R. §200.320(c) as well as section 287,057(1)(a), Florida Statutes,
k. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e.
competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes.
I. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes,
12
Exhibit 1
Exhibit A
Additionally. the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and
minority businesses, women's business enterprises, and Tabor surplus area firms").
(19)ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and the ,
attachments, the language of the attachments shall control. but only to the extent of the conflict or inconsistency.
c. This Agreement has the following attachments:
i. Exhibit 1 - Funding Sources
if. Attachment A — Program Budget
iii. Attachment B — Scope of Work
iv. Attachment C — Deliverables and Performance
v. Attachment D — Program Statutes and Regulations
vi. Attachment E — Justification of Advance Payment
vii, Attachment F — Warranties and Representations
Oil. Attachment G — Certification Regarding Debarment
ix. Attachment H — Statement of Assurances
x. Attachment I — Mandatory Contract Provisions
xi. Attachment J — Monitoring Guidelines
xii. Attachment K — EHP Guidelines
xiii, Attachment L — Reimbursement Checklist
(20) PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section,216.181(16), Florida Statutes. All 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. if any, payment shall be made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting documentation
for all costs of the project or services. The final invoice shall be submitted within sixty (60) 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. If the necessary funds are not available to fund this Agreement as a result of action by the
United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under
subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds
shall terminate, and the Sub -Recipient shall submit its closeout report within thirty days of receiving notice from the
Division.
(21) REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of 'Division of Emergency Management", and mailed directly to the following address:
Division of Emergency Management
1.3
Exhibit 1
Cashier
uS55ShumerdOak Boulevard
Tallahassee FL323g9'2100
b. |naccordance with Section 215.34(2).Florida Statutes, if acheck orother draft ioretumo(Iko
the Division forno||ao8on Sub -Recipient shall pay the Division a service fee of S15,00 or 5%'oF the face amount of
the retumadcheck ordraft, whichever isgreater.
(22)MANDATED CONDITIONS
a. The validity o[this Agreement |sSubject to the truth and accuracy ufall the information,
representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission
n,response toeDivision request, n,inany submission orresponse toh/|fi||the requirements of this Agreement. All
of said infGrmation, representations, and matarials are incorporated by reference. The inaccuracy urthe submissions
or any material changes shall, at the option of the Division and with thirty days written notice to the Sub'Rao|pient,
cause the termination o[this Agreement and the release of the Division from all its obligations to tho8ub'RaoiyimnC.
b. This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County, |fany provision ofthis Agreement
is fn conflict With any applicable statute or rule, or is unenforceable, then the provision shall be null and vold to the
extent of the conflict. arid shall be severable, but shall not invalidate any other provision of this Agreement.
c. Any power ofapproval ordisapproval granted to the Division under the terms ufthis
Agreement shall survive the term of this Agreement,
d. The Sub -Recipient agrees tocomply with the Americans With Disabilities Act (Public Law 1V1'
336.42U.S.C.9exMon12101et seq.), which prohibits discrimination by public and private entities on the basis of
disability |nemployment, public accommodations, transportation, Stale and local gpvernmentservices, and
telecommunications,
e. Those who have been placed onthe convicted vendor list following aconviction for opublic
entity crime or on the discriminaton/ vendor list may not submit a bid on a contract to provide any goods or services to
upublic entity, may not submit abid onocontract with apublic entity for the construction vrrepair ofepublic building
(-,or 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, or consultant under a contract with apublic entity, and may not transact
business with any public entity in excess of $25,000,00 for a period of 36 months from the date of being placed on the
convicted vendor list oroothe discriminatory vendor list,
L Any Sub -Recipient which is not a local government or state agency, and which receives funds
under this Agreement from the feCeral government, certifies, to the best of its knowledge and belief, that it and its
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by a federal department or agency;
/i, Have not, within a flve-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for fraud oracriminal offense /oconnection with obtaining. attempting to
obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of
federal or state antitrust statutes or commission of embezzlament, theft, forgery, bribery, falsification or destruction of
records, making false statements, orreceiving stolen property;
Exhibit A
iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, state or local) with commission of an j offenses enumerated in paragraph (22) f, ii. of this certification:
and,
iv. Have not within a five-year period preceding this Agreement had one or more public
transactions (federal, slate 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. to addition, the Sub -Recipient shall send to the" Division (by email or by facsimile.
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G) for each intended subcontractor which Sub -Recipient plans to fund under this
Agreement. The form must be received by the Division before the Sub -Recipient enters Into a contract with
any subcontractor.
i. The Division reserves the right to unilaterally cancel this Agreement if the Sub -Recipient
refuses to allow public access to 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 contained in Section 274A(e) of the INA shall be grounds for
unilateral cancellation of this Agreement by the Division. •
I. Section 287.05805, Florida Statutes. requires that any state funds provided for the purchase of
or improvements to real property are contingent upon the contractor or political subdivision granting to the state a
security interest in the property at least to the amount of state funds provided for at least 5 years from the date of
purchase or the completion of the Improvements or as further required by law,
(23) LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract
prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency.
d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Sub -Recipient. to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan. the
15
Exhibit 1
Exhibit
entering into of any cooperative agreement, and the extension, continUatlon, renewal, amendment or modification of
any Federal contract, grant, loan nrcooperative agreement.
i/. |f�ny�ndoo�o,than Federal appmprio�d�ndohave been pa�orwill bopaW�
any person for inOuonoingoro�vmpUn8toinfluence unofficer uremployee ofany agency, oMember n(Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this Fngo,a|
contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form-LLL,
'Disclosure o(Lobbying AoUvibea.^
III. The Sub -Recipient shall require that this certification beincluded |nthe award
documents for all subawards (including subcontracts. subgrants, and contracts under grants, loans, and cooperative
agreements) and that all Sub -Recipients shall o*hif/and disclose.
iv, This certification |somaterial representation of fact upon which reliance was placed
when this transaction was made orentered into, Submission of this certification |oaprerequisite for making or
entering into ihistransaction imposed bySection 135%.Title 37 U.S. Code. Any person who falls to fi|nthe required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $1OO.V0Vfor each such
failure,
(24)COPYRIGHT, PATENT AND TRADEMARK
EXCEPT4SPROVIDED BELOW ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR|N
CONNECTION WITH THE PERFORMANCE OpTHIS AGREEMENT ARE HEREBY RESERVED TOTHE STATE
OFFLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OHIwCONNECTION WITH THE
PERFORMANCE OFTHIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TDTHE
STATE OFFLORIDA,
u. |fthe Sub -Recipient has apre-existing patentor copyright, the Sub -Recipient uhaf|retain all
riOhtsand entidomonts to that pre-existing patent orcopyright unless the Agreement provides otherwise.
U. If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, orInany way connected with It, the Sub -Recipient shall refer the discovery or
invention to the Division for a determination whether the State of Florida will seek patent protecdon In its name. Any
patent rights accruing under or(nconnection with the performance of this Agreement are reserved to the State o[
Florida. If any books. manuals, films. or other copyrightable material are produc9d, the Sub -Recipient shall notify the
Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred
hythe Sub -Recipient to the State ofFlorida.
c. Within thirty days oyexecution of this Agreement, the Sub -Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which hoorshe knows orshould know could give
rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements toany pre-existing Intellectual
property which |odisclosed. Failure todisclose will indicate that nnsuch property exists. The Division shall then,
under Paragraph (24)U. have the right to all pemn(a and copyrights which ovonp during performance of the
Agreement.
d. If the Sub -Recipient qualifies as a state university Linder Florida law, then. pursuant to section
1UO4,23.Florida Statutes, any invention conceived exclusively by the employees o/the Sub -Recipient shall become
the sole property of tha8uh~RadpiemC |nthe case o/joint inventions, that isinventions made jointly byone ormore
employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint invonUuoo.
The Division shall retain a perpetual. irrevocable, fully -paid, nonexclusive license, for its use and the use of its
`
/
|
Exhibit A
contractors ofany resulting patented, copyrighted or trademarked work products, developed solely by the Sub -
Recipient. under this Agreement, for Florida government purposes.
(25)LEGAL AUTHORIZATION,
The Sub -Recipient certifies that |Lhas the legal authority toreceive the funds undnrthis Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. The Gub'Rec|pinntalso
certifies that the undersigned person has the authority tolegally execute and bind Gub'Racipianitnthe terms ofthis
Agreement.
(Z8)EQUAL OPPORTUNITY EMPLOYMENT
a. |naccordance with 41C.F.R.060'1.4(h).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 ofthe Secretary ofLabor at41CFRChapter S0.which ispaid for inwhole `Inpart with funds
obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant toagrant,
contract, loan insurance, orguarantee, o,undertaken pursuant toany Federal program Involving such grant, contract,
loan, insurance, prguarantee, the following equal opportunity clause:
During the performance ofthis contract, the contractor agrees aafollows,
L The ounbactar°4||not discriminate against any employeeapplicant
for employment because of race, color, religion, sex, 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, or national origin. Such action shall include, but not be limited to
the following: employment, upgrading, demotion, or transfer: recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to po'st In conspicuous places, available to employees and
applicants for employment, notices to be provided seWng forth the provisions of
this nondiscrimination clause.
ii. The contractor will, inall solicitations madvertisements for employees
placed byoronbehalf ofthe contractor, state that all qualifiedapplicants will
receive considerations for employment without eVad to roue, color, re|ig/on, sex,
nrnational origin.
iii. The contractor will send to each labor union orrepresentative of
workers with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
iv. The contractor will comply with all provisions of Executive Order11240
o/September 2a.1965,and ofthe rules, regulations, and relevant orders of the
Secretary ofLabor:
V. The contractor will furnish all information and reports required hy
Executive Order 11248ofSeptember 24.1985.and Uyrules, regulations, and
orders n/the Secretary ufLabor, nrpursuant thereto, and will permit access �
his books, muorda.and accounts bythe admin/oto�nAogencyand the Secretary
ofLabor for purposes of investigation toascertain compliance with such m|nn�
regulations, and orders,
vi In the event of the contractor's noncompliance with the
nondiscrimination clauses cf this contract mwith any o[the said rules,
regulations, or orders, this contract may be canceled, terminated, or suspended
/nwhole urinpart and the contractor may Vedeclared ineligible for further
/
.
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i
�
/
/
Exhibit
Government contracts o,federally construction contracts |naccordance
with pmooduraoauthorized /nExecutive Order 1124OofSeptember 24.18OJ.
and such other sanctions may boimposed and remedies invoked uoprovided |n
Executive Order 1124OnfSeptember 24.19V5.orbyrule, regulabon.ororder o/
the Secretary nfLabor, oraaotherwise provided bylaw.
vii. The contractor wiUInclude the portion o[the sentence immediately
preceding paragraph (1)and the provisions o[paragraphs (1)through (7)|n
every subcontract orpurchase order unless exempted byrules, regulations, or
orders of the Secretary ofLabor issued pursuant tosection 2O4ofExecutive
Order 11240o[September 24. 1SO5.nothat Such provisions will bobinding upon
each subcontractor orvendor. The contractor will take such action with respect
toany subcontract orpurchase order oothe administering agency may direct ao
a means of enforcing such provisions, including sanctions for noncompliance:
provided, however, that inthe event acontractor becomes involved in, or/o
threatened with, litigation with osubcontractor orvendor onoresult nfsuch
direction bythe administering agency the contractor may request the United
States boenter into such litigation toprotect the interests o[the United States.
b. The Sub -Recipient further agrees that itwill bebound bythe above equal opportunity clause
with respect to Its own employment practices when it participates In federally assisted construction work: provided,
that Ifthe applicant ooparticipating |aoState orlocal government, the above equal opportunity clause |unot
applicable to any agency, instrumentality orsubdivision pf such government which does not participate (nwork nnur
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 obLainfng the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that It will furnish the
administering agency and the Secretary of Labor such information as they may require for the supervision ofsuch
compliance, and that Awill otherwise assist the admin/oCeringagency inthe discharge nfthe agency's primary
responsibility for securing compliance.
d. ThnSub'Rooipiont further agrees that |t will refrain from entering into any contract o,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 sanctions and penalties for violation of the equal opportunity clause oamay
be imposed upon contractors and subcontractors by the administering agency or the -Secretary of Labor pursuant to
Part ||. Subpart Dof the Executive order, In addition, the Sub -Recipient agrees that if it Calls or refuses to comply with
these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, nr
suspend )nwhole or}npart this grant (contnoct.loan, insurance, guanonhuo);refrain from extending any further
assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the
Department ofJustice for appropriate legal proceedings,
(27)COPELANDANTI-KICKBACK ACT
Tha3ub'Renipienthon*byogmestUe(..un/oemoxamptunda,Fodony||aw.it will incorporate or
cause tubmincorporated into any contract for construction work, ormodification thereof, the following clause: '
i Contractor. The contractor shall comply with 18U.S.C.g874.40
U3.C.§3145.and the requirements nf2OC.F.R.pt. 3oomay Ueapplicable,
which are incorporated byreference into this contract.
H. Subcontracts, The contractor orSubcontractor shall insert iniany
subcontracts the clause above and such other clauses as the FGMA may by
is
Exhibit !
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,
M. Breach. Abreach of the contract clauses above may be groundsfor
termination o/the contract, and for debarment aaacontractor and subcontractor
as provided in2VC.F.R. § 6.72.
'
(2O)CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub-Reipieni.with the funds authorized bythis Agreement, enters into ocontract that
exceeds $10V.nV0and involves the omptoymentof mechanics nrlaborers, then any such contract must Include o
provision for compliance with 40 U.S.C. 3702 and 3704, as supplemprited by Department of Labor regulations (29
CFRPart 5). Under 40U.G.C.37O2of the Act, each contractor must borequired tocompute the wages o[every
mechanic and laborer onthe basis o[astandard work week u[4Ohours, Work /nexcan'sorthe standard work week
is per-rnissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate
ofpay for all hours worked /nexcess of4Uhours /nthe work week, The requirements of4VD.&C.37O4are
applicable to construction work and provide that no laborer or mechanic must be required to work insurroundings or
under working conditions which are unsanitary, hazardous ordangerous. These requirements donot apply Lnthe
Purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation.
(2S)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
It the ent.with the funds authorized Uythis Agreement, enters into acontract that
exceeds $150,000, then any such contract must include the following provision;
Contractor agrees tocomply with all applicable standards, orders nr regulations
ieuoUpursuant (vthe Clean 4/rAct w2U.3.C.74U1'767| > and(h Fedora/
Water Pollution Control Act auamended (83U.G.O�1251'1jB7).and will report
violations toFENIAand the Regional Office o[the Environmental Protection
Agency (EPA).
00SUSPENSION AND DEBARMENT
if the Sub -Recipient, with the funds authorized bythis Agreement, enters into ucontract, then any
suchh-oontrmct Must include the following provisions:
i This contract ioacovered transaction for purposes vf2C.F.R.pt.18O
and 2 C.F.R. pt. 3000As euch the contractor isrequired to verify that none of
the nooinaotnr.its principals (defined utuC.F.R'3180.Q85).nrIts offiUateo
(defined ot2C.F.R.§18V.9O5) are excluded (defined a(2C.F.R. §18O.948)nr
disqualified (defined aL2C.F.R.§18O.0J5).
ii. The contractor must comply with 2C.F.R.pt. 18V.subpart Cand 2
V.F.R.pC3OOO.subpart Oand must include arequirement kocomply with these
regulations In any lower der covered transaction it enters Into.
iii. This certification isomaterial representation of fact relied upon bythe
Division. If it is later determined that the contractor did not comply with 2Cf.R.
pt. 1OO`subpart Cand 2C.FRpt. 8OU0subpart C.inaddition toremedies
available to the Division, the Federal Government may pursue available
remedies, including but not limited u»suspension and/or debarment,
/v. The b/dderorproposer agrees Locomply with the requirements o[2
C,F.R.pt. 18O.subpart Cand 2C.F.R.pt. 8O00.subpart Cwhile this offer isvalid
and throughout the period o[any contract that may arise from this offer. The
bidder orproposer further agrees toInclude oprovision requiring such
compliance inits lower tier covered transactions,
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i
Exhibit A
(31)BYRDANTI-LOBBYINGAMENDMENT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any
such contract must Include the following clause:
who apply or bid for an award of $100,000 or more shall file the required
certification. Each Uer cortifles 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 an officer or employee of any agency, a. member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U,S.G. § 1352, Each tier shall also disclose any lobbying
with non -Federal funds that takes place In connection with obtaining any Federal
awa(rd. Such disclosures are forwarded from tier to tier up to the recipient.
Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors
<32/CONTRACTING WITH SMALL AND MINORITY 8UG|MBSGES.YYOMEW'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
u. 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 SLib-Recipierit shall take the following affirmative steps to
assure that minorit/ businesses, women's business enterprises, and labor surplus area firms are used whenever
I. Placing qumlifiodsmall and minority businesses and vmm*n'sbusiness enterprises oo
solicitation lists;
U. Assuring that smelt and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
!it. Dividing total requirements, when eounom/oa|iv feasible, into smaller tasks nr
quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
/V, Establishing delivery schedules, where the requirement oernita which encourage
participation by small and minority businesses, and women's business enterprises;
V. Using the services and assistance. as aoiaroiDrlate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Do"enLofCommerce; and
v/. Requiring the prime contractor, ifsubcontracts are tobotot, to take the affirmative
steps listed in paragraphs i through v. o/this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic
contracting." does not impose an obligation to set aside either the solicitation or award of a contract to these types nf
5nnn. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps
identified above. /
o. The 'socioeconomic contracting" requirement outlines the uffirmehvesteps that the Sub -
Recipient muwLtaho; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve
small and minority businesses and wnmnn'ubusiness enterprises.
d. The requirement to divide total requirements, when economically feasible, into smaller tasks or
quanUtiaomporm/tmqximumponinipaUonhynma||andminohtybuoinaonoo.onUwomen'abuo|nonsnnterphoen.
does not authorize the Sub -Recipient tobreak usingle project down into smaller components inorder tocircumvent
the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project
splitting"),
(33)AG8URANCE8.
20
Exhibit
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Exhibit A
The Sub -Recipient shalt comply with any Statement of Assurances incorporated as Attachment H.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,
SUB -RECIPIENT. CITY OF MIAMI l' RESCUE
By:
Named title: Emilio T. Gonzalez, City Manager
Date: I AO
FID# 59-6000375
Include a copy of the designation of authority for the signatory, if applicable.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By;
Name and Title: Michael hennett, Deputy Director (by authority of Division Director)
Date:
2l
Exhibit 1
Exhibit A
AT I EST:
Todd B. kla
City Clerk
CITY OF MIAMI FLORIDA, a
municipal corporation,
Er ilio T. Gonzalez, Ph.D.
City anager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS:
Victor i Mendez/
City Attorn
REQUIREMENTS:
Ann -Marie Sharpe 1 i rec or
Department of Ri agement
Exhibit 1
Exhibit A
EXHIBIT —1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency: U,S. Department of Homeland Security, Federal Emergency 141anagement
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $5.700000.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER
THIS AGREEMENT;
Federal Program:
1. Sub -Recipient is to use funding to perform eligible activities as identified FY 2018 Department of Homeland
Security Notice of Funding Opportunity.
2. Sub -Recipient is subject to all administrative and financial requirements as set forth in this Agreement or will
not be in compliance with the terms of the Agreement.
3. Sub -Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded
resources must be used or how eligibility determinations are to be made.
NOTE: 2 C.F,R, Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal
Programs and State Projects included in Exhibit 1 be provided to the Sub -Recipient.
Exhibit 1
Exhibit A
ATTACHMENT
PROPOSED PROGRAM BUDGET
Below |oageneral budget which outlines eligible categories and their allocation under this
award. The Sub -recipient is to -utilize the "Proposed Program Budget'as a guide for completing
the "Budget Detail VVorkoheet"below.
The Equipment category will require Authorized Equipment List (AEL) reference number, The
Authorized Equipment List(AEL)ioaUatofapprVYedeqV}p0eO|typesoUowedunderFEMA's
preparedness grant programs. The intended audience of this too[ is emergency managers, first
reoponders, and other homeland security professionals. The list consists cf21 equipment
categories divided into sub'oabsgor|ea, tertiary categories, and than individual equipment items.
The AELcan bofound athftP://be(a.femo.ciov/authohaed-equ|pmanA!si
Atthe discretion V[the Sub-naoipionL.funds allocated bzManagement and Administration costs
(as described inthe "Proposed Program Budget")may beput towards Programmatic oosts
instead. However, nOmore than 5Y6Dfeach GUb-reoipienyStotal award may beexpended on
Management and Administration costs,
The transfer offunds between the categories listed /nthe "Proposed Program Budoo�is
permitted, Ho����a���roy��bmt�en/�u��!t������-
m�n .
� gu��c��n Agency�no� ',
r
_ ,�_ �� C�' � ����
_.Amouzit located
Award Allocation - Issue 41
$6,000.000.08
Fy2D18_State Homeland
Security Grant -
Miami/Fort Lauderdale UASI
State Wane �&Adn�n�haUvn
vW�h�d—~--
�3OO�8ODO
' '
Urban Area Security Initiative
Issue 41
ExpendableAward Allocation after 5&
reduction
$5.700.000.00
_
LETP-Ty eActiv0 (25Y6 of award
allocation)"This amount isnot /o
addiUonb/�eemai�ngswa�
amount but instead signifies the
amount needed tomeet the25%
requirement,
$1.SOOUO0O0
' '
Management and Administration
(the dollar amount which corresponds
bo5Y6n[the total local agency
allocation imshown inthe column on
the right),
$285.000.00
23
|
'
Exhibit i
Exhibit A
BUDGET DETAIL WORKSHEEET
TheSub-Recipient is required to provide a completed budget detailvmrkoheet. to the Division, which accounts for the
total award as described in the "Proposed Program Budget",
Kany changes need h,bemade to the "Budget Detail Wnrknhout".after the execution nf this agreement, contact [lie
Grant Manager listed inthis agreement via email mletter. |
|
/
jnit
,__,,___.._-^__~_~~_,~~^.-~.'^'--'^
~ '
Cost
Developing ficannexes that incorporate the
range n,prevnnunn.protection, response. and recovery activities
Developing and implementing homeland security support programs
and adopting ongoing DH8national Initiatives
Developing related terrorism and other catastrophic event
prevention activities
Developing and enhancing plans and protocols
Common - Planning -(p|arn/nQ.Tro/ningand Exercise) Line
itam%o18'O1
1
$320.504.00
*320.504.00
41
Developing orconducting aosooznonto
Hiring of full nrpart-time staff orcontractors/consultants massist
with planning activlUes ofhiring public safety
personnel fulfilling traditional public safety duties)
Common. Planning -(EM Planners arid Consultants) Line item
2018'01
|
1
$599.724.00
$599.724.00
41
/ Prevention - Intelligence and Information Sharing (LFR
Anu|ysq.Line item 2oiV-03
1
$56.00s.00
$55.905.00
41
Prevention - Intelligence and Information Sharing (Metadota
P|unner).Line item 2V18'03
1
$33.38*.00
$33.389.00
41
Materials required toconduct planning activities
Prevention - Public Information and Warning, (CPAT/5PAT
Program Activities), L|ne|tem3U18'V5
i
�4O000O0
' '
$4OVVVVV
' '
41
Travel/per them related toplanning activities
overtime and hockhUcosts (in accordance with operational Cost
Guidance)
/aauanoeoyYYHT|'cump/iantTribal idenhfioaboncards
Activities inachieve planning inoiuoIvaofpeople with d/oob/UUoo
and others with access and functional needs
'
Coordination with Citizen Corps Councils for puUUc
infomnaUon/odunoUonand development o[volunteers
Update governance structures and process and plans for
emergency communications
Activities toachieve planning inclusive ofpeople with limited
English proficiency
Allowable Training Costs
Quantity
Unit Cost
Total Cost
issue #
Overtime and backh||for emergency preponagneoyondmopunea
personnel attending DHS/FEMA-oponooedand approved training
classes
24
/
/
/
!
!
'
/
|
'
/
Exhibit
Exhibit A
Overtime and backfill expenses for part-time and volunteer
emergency response personnel participating in DHS/FEviA training
7
Training Workshops and Conferences
Activities to achieve training inclusive of people with disabilities and
others with access and functional needs
Full or Part -Time Staff or Contractors/Consultants
Common —Planning (Training Classes), Line item 2018-01
1
S176,595.00
$176,595,00
41
Certification/Recertification of Instructors
Travel
Supplies are items that are expended or consumed during the
course of the planning and conduct of the exercise project(s) (e.g.,
copying paper, gloves, tape, non -sterile masks, and disposable
protective equipment).
Instructor certification/re-certification
Coordination with Citizen Corps Councils in conducting training
Interoperable communications training
Activities to achieve training inclusive of people with limited English
proficiency
TOTAL TRAINING EXPENDITURES
$176,595.00
41
Allowable Organizational Activities (HSGP and LETP)
Quantity
Unit Cost
Total Cost
Issue #
Reimbursement for select operational expenses associated with
increased security measures at critical infrastructure sites incurred
(up to 50 percent of the allocation)
Prevention -Interdiction and Disruption (Operational
Overtime approved by FEMA), Line item 2018-04
1
$66,816.00
$66,816.00
41
Overtime for information, investigative, and intelligence sharing
activities (up to 50 percent of the allocation)
Hiring of new staff positions/contractors/consultants for
participation in information/intelligence analysis and sharing groups
or fusion center activities (up to 50 percent of the allocation)
Prevention — Intelligence and Information Sharing (Fusion
Analysts), Line item 2018-03
1
$252,799,00
$252,799.00
41
TOTAL ORGANIZATIONAL EXPENDITURES
$319,615,00
ilowale Exercise Costs
:Quantit
iUnIt Casf �;�:=:'
Tota{ Cast -
:Issue # ,.
Design, Develop, Conduct and Evaluate an Exercise
Exercise Planning Workshop — Grant funds may be used to plan
and conduct an Exercise Planning Workshop to Include costs
related to planning, meeting space and other meeting costs,
facilitation costs, materials and supplies, travel and exercise plan
development.
Full or Part -Time Staff or Contractors/Consultants — Full or part-
time staff may be hired to support exercise -related activities.
Payment of salaries and fringe benefits must be in accordance with
the policies of the state or local unit(s) of goVemment and have the
approval of the state or the awarding agency, whichever is
applicable. The services of contractors/consultants may also be
procured to support the design, development, conduct and
evaluation of CBRNE exercises. The applicant's formal written
procurement policy or the Federal Acquisition Regulations (FAR)
must be followed.
7j
Exhibit 1
Exhibit
Common - Planning (Exordsno).Line item %V1O~V1
I
�
|
Overtime and backfill costs-Overtimoandbackfill costs, including
� expenses for part-time and volunteer emergency response
/ personnelparticipating mFEm*mm,cmes
1
/ implementation ufHSEEP
/
AoU,itienhzaxhiavooxoo/seo/no/uo}vouypeop/ow|thdinaW/itiex
and others with access and funodoma|needs /
'
.
Travel - Travel costs (i.e,airfare, mileage, per diem, hotel, otc.)
are allowable apexpenses byemployees who are ontravel status
for official business related to the planning and conduct of the
uxandee^m*ect(o).
Supplies
during the course of the planning and conduct of the exercise
project(s) (e.g., copying paper, gloves, tape, non -sterile masks,
and disposable protective equipment).
Interoperable communications exercises
Activities toachieve planning inclusive o[people with limited
English proficiency
L'EXER��SE EXPENDITURES:_
����
.�
-4��
Eligible Equipment Acquisition Coststhis award, A comprehensive
listingThe table below highlights the allowable equipment categories for
of these —allowable equipment -
categories, and specific equipment eligible under each category,
are listed uxthe web -based version mthe Authorized Equipment
List (AEL)o*htto 'Y*N*fema.qonaotUvrized'eouiomen t- list.
Quantity
Unit Cow,
'
Total Cost
Issue #
Personal protective equipment
Explosive device mitigation and nemed/aUonequipment
Prevention -Screening, Search, and Detection (X'Ray
Syet°ms).4EL#n2EX^o1^XRAr'Line item 2g1O'U$
-
1
$83,100,00
u83.100.00
41
Protection -Physical Protective Measures (Bomb Suitm)iAEL
#02Ps'01'13SUT. Line Item 2018'09
1
*38.500.00
$38'500.00
41
/
DBRNEoperational search and rescue equipment
Prevention - Interdiction and Disruption (Surveillance
P/atfo/ms).AEL#V30G'O7'KOYL. 12TR-00'TEQP
1
$300.481.00
$300'481.00
'
41
Prevention - Screening, Search and Detection (SWAT Pole
Camara).AEL#VJOR'0o'8CAK�.UnwItem %018'VV
i
$1s.%Ui.�O
*1�.%V1.0V
41
Renpvnoe-CBRNE-MaaoSeamhund Rescue (SWAT Night
V|n|on);AEL#V3DE'o2'TiLA/Line item 21V'12
i
$32.416.00
$32.416.00
41
Response -ConNE-Situational Assessment (SVAS)/AEL
#030E'07'OUA8; Line Item 2o1x'14A
1
S49.690.00
$49.690.00
41
Response - Communications - Operational Communication
(Communication arid Intelligence Equipment for aRT)/4EL
9030E`01'CTAC/13LE-00'SVRV; Line Item 3o1V'15
1
$4�.�OO,OV
*4�.�0�.VV
4i
26
/
Exhibit A
Response — Communications — Operational Communications
(Mobile Message Boards); AEL #030E-03-SIGN; Line item
2018-15
1
$34,000.00
$34,000.00
41
Information technology
Common — Operational Coordination (Incident Command
Software System), AEL # 04AP-05-CDSS, 04AP-03-GISS,
045W-04-NETW, 04HW-01-INHW, 04AP-01-CADS, 21GN-00-
CNST; Line item 2018-02
1
$306,245,00
$306,245.00
41
Prevention — Interdiction and Disruption (Fusion Special
Events Platform Upgrades), AEL #04HW-01-INHW, 04MD-03-
DISP, Line item 2018-04
1
$10,000.00
$10,000.00
41
Cybersecurity enhancement equipment ,
Protection — Cybersecurity (Region& CRT Project); AEL
#04HW01-INHW, 05HS-00-FRNS, 05HS•00-MALW, 05NP-00-
SEIM; Line item 2018-08
1
$140,000.00 1 $140,000.00
i
41
Interoperable communications equipment
Response -Communications — Operational Communications
(Sat Phone Sustainment); AEL #06CC-03-SATB; Line Item
2018-15
1
$23,545.00
$23,545,00
41
Response -Communications — Operational Communications
(Interoperable P25 Project); AEL #06CP-01-PORT; 04HW-01-
INHW; 10BC-00-BATT; 06CP-01-MOBL); Line item 2018.15
1
$150,747.00
$150,747.00
41
Response — Communications — Operational Communications
(FirstNet Mobilellnteroperability); AEL #06CC-01-CELL, (MCC-
02-DSAD, 06CC-03-$ATM, 06CC-03-SATP, 06CC-04 EQSD,
06CC-04-SADS; 06CP-02-BRDG, and 06CP-03-TOWR); Line
item 2018-15
. 1
$20,002.00
$20,002.00
41
Response Communications — Operational Communications
(Bridging Projects); AEL #06CP-02-BRDG; 21GN-00-INST; Line
item 2018-15
1
$241,404,00
$241,404,00
41
Detection Equipment
Prevention — interdiction and Disruption (Bomb Dogs), AEL
#07ED-02-DOGS, Line Item 2018-04
1
$95,000,00
` $95',000.00
41
Protection — Screening, Search and Detectiian (Hazmat
Chemical Detection); AEL #04CD-01-DPRS,Ii07CD-01-FTIR;
Line item 2018-10
1
$70,000.00
S70,000.00
41
Protection — Screening, Search and Detection (Aviation
Radiation Detection/Identification); AEL #07RD-04-SGND; Line
Item 2018-10
1
$283,564.00
$233,564.00
41
Decontamination Equipment
1
1
Medical supplies
Power equipment (generators, batteries, power cells)
Exhibit 1
Exhibit A
i
CBRNE Reference Materials
L
CBRNE incident Response Vehicles
Terrorism incident Prevention Equipment
Response -Communications - Operational Communications
(Emergency Alert System); AEL #13IT-00-ALRT; Line item
2018-15
1
547,698.00
$47,698.00
41
Physical Security Enhancement Equipment
Protection - Access Control and identity Verification (Access
Control Systems); AEL #14SW-01-PACS, 21GN-00-INST; Line
item 2018-07
.•
1
855,039.00
$55,039.00
41
Protection - Physical Protective Measures (CCTV Systems);
AEL #14SW-01-VIDA, 14SW-01-PACS, 21GN-00-INST, 04HW-
01-INHW, 21GN-00-CNST and 04MD-03-DISP; Line item 2018-
09
1 1
I
$576,825.00
$576,825.00
41
Recovery - infrastructure Systems (Redundant
Commun(cations); AEL #14C1-01-COOP; 2018-16
1
810,360.00
$10,360.00
41
Inspection and Screening Systems
Animal and Plants
, CBRNE Prevention and Response watercraft
, CBRNE Aviation Equipment
I
CBRNE Logistical Support Equipment
Response - CBRNE - Logistics and Supply Chain
Management (Fuel Tank Trailer), AEL #19GN-00-FUEL, 12TR-
00-TEQP; Line item 2018-13
1
$29,535,00
$29,535.00
41
I .
Intervention Equipment " - .. . . "
.
Other authorized equipment costs (include any construction or renovation costs In this category; Wr tten approval
must be provided by FEMA prior to the use of any funds for construction or renovation)
Common - Operational Coordination (CERT/CCP), AEL #
21GN-00-CCEQ, 06CP-01-PORT, 09ME-01-BAGM, and 19GN-
00-13GPK; Llne Item 2018-02
1
$167,713.00
41
Common - Operational Coordination (EOC Enhancements),
AEL # 04HW-01-INHW, 210N-00-0CEQ, 04AP-05-CDSS,13IT-
00-ALRT, 04AP-01-CADS, 04MD-02-PROJ, 04MD-03-DISP,
04HW-01-HHCD, 04MD-01-VCAM, 21GN-00-CNST, 21GN-00-
INST, 21GN-00-MAIN, 06CP-05-VCOM, 05PM-00-PTCH, 06CC-
03-SATP Llne item 2018-02
1
$294,846.00
$294,846,00
41
28
Exhibit 1
Exhibit A
Prevention —intelligence and information Sharing (Fusion
Center Operations), AEL #21GN-00-OCEQ, 04HW-01-INHW,
131T-00-1NTL, 131T-00-ALRT; Line item 2018-03
1 $162,173.00• $162,173.00
41
Mitigation — Long -Term Vulnerability Reduction (Maintenance,
Sustainment, Repair and Replace HSGP Equipment); AEL
#21GN,00-MAIN, Line Item 2018-11
1
$451,705.00
$451,705,00
41
TOTAL EQUIPMENT EXPENDITURES
$3,736,389.00
_ 41
. Eligible Management and Administration Costs
Quantity
Unit Cost
Total Cost -
Issue #
Hiring of full-time or part-time staff or contractors/consultants:
to assist with the management of the respective grant program;
application requirements, and compliance with reporting and data
collection requirements (4 personnel)
1
$270,000.00
$270,000.00
41
Development of operating plans for information collection and
processing necessary to respond to DHS/FEMA data calls
Overtime and backlit! costs — Overtime expenses are defined as
the result of personnel who worked over and above their normal
scheduled daily or weekly worked time in the performance of
FEb1A — approved activities. Backfill Costs also called "Overtime as
Backfili" are defined as expenses from the result of personnel who
are working overtime in order to perform the duties of other
personnel who are temporarily assigned to FEMA — approved
activities outside their core responsibilities, Neither overtime nor
backliill expenses are the result of an increase of Full — Time
Equivalent (FTEs) employees. These costs are allowed only to the
extent the payment for such services Is in accordance with the
policies of the state or unit(s) of local government and has the
approval of the state or the awarding agency, whichever is
applicable. In no case is dual compensation allowable. That is, an
employee of a unit of government may not receive compensation
from their unit or agency of government AND from an award for a
single period of time (e.g., 1:00 pm to 5:00 pm), even though such
work may benefit both activities. Fringe benefits on overtime hours
are limited to Federal Insurance Contributions Act (FICA), Workers'
Compensation and Unemployment Compensation.
Travel expenses
.
Meeting -related expenses
Authorized office equipment: including personal computers, laptop
computers, printers, LCD projectors, and other equipment or
software which may be required to support the implementation of
the homeland security strategy.
1
$10,000,00
$10,000.00
41
The following are allowable only within the agreement period:
Recurring fees/charges associated with certain equipment, such as
cell phones, faxes. Leasing and/or renting of space for newly hired
personnel to administer programs within the grant program.
1
$5,000.00
$5,000.00
41
TOTAL M&A EXPENDITURES
$285,000.00
41
TOTAL EXPENDITURES
$5,700,000.00
41
29
Exhibit 1
Exhibit A
ATTACHMENT B
SCOPE OF WORK
Sub -Recipients must comply with all the 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 Year2018 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:
1. Issue and Project Description —
Issue 41 — Urban Area Security Initiative (UASI): The UASI Program assists
high -threat, high -density Urban Areas in efforts to build, sustain, and deliver the capabilities
necessary to prevent, protect against, mitigate, respond to, and recover from acts of
terrorism.
11. Categories and Eligible Activities
FY 2018 allowable costs are divided into the following categories for this agreement: Planning,
Organizational, Exercise, Training, Equipment and Management and Administration. Each category's
allowable costs have been listed In the "Budget Detail Worksheet" above.
A. Allowable Planning Related Costs
SHSP funds may be used for a range of emergency preparedness and management planning activities and such as
those associated with the development of the THIRA, SPR, continuity of operations plans and other planning
activities that support the Goal and placing an emphasis on updating and maintaining a current EOP that conforms to
the guidelines outlined in CPG 101 v 2.0.
• Developing hazardithreat-specific annexes that incorporate the range of prevention, protection,
response, and recovery activities. -
• Developing and implementing homeland security support programs and adopting DHS/FEMA national
initiatives.
• Developing related terrorism and other catastrophic event prevention activities.
• Developing and enhancing plans and protocols.
• Developing or conducting assessments.
• Hiring of full -or part-time staff or contract/consultants to assist with planning activities (not for the
purpose of hiring public safety personnel fulfilling traditional public safety duties).
• Materials required to conduct planning activities.
• Travel/per diem related to planning activities.
• Overtime and backfill costs (in accordance with operational Cost Guidance).
• Issuance of WHTI-compliant Tribal identification card.
• Activities to achieve planning inclusive of people with disabilities.
• Coordination with Citizen Corps Councils for public information/education and development of volunteer
programs.
• Update governance structures and processes and plans for emergency communications.
• Activities to achieve planning inclusive of people with limited English proficiency
B, Allowable Organization Related Costs (SHSP and UASI Only)
Organizational activities include:
• Program management;
• Development of whale community partnerships, through groups such as Citizen Corps Councils;
• Structures and mechanisms for information sharing between the public and private sector;
30
Exhibit 1
Exhibit
° Implementing workforce enhancement initiatives toaddress
ideologic@oy'invpimd radicalization toviolence |nthe homeland:
° Tools, resources and activities that facilitate shared situational awareness between the public and
p,*ateoeotnm�
* Operational Support;
~ Utilization nfstandardized resource management concepts auohautyping.inventoryirg id
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 SyVnm
(NTAS).orneeds inresulting from oNational Special Security Event; and
" Paying salaries and benefits for personnel to serve as qualified intelligence analysts,
States and Urban Areas must justify proposed expenditures of SHSP or UASI funds to support organization
activities within their IJ submission, All SAAs are allowed to utilize up to 50 percent (50%) of their SHSP 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-Recipfent of a grant, the FENIA Administrator may grant a waiver of Ihe 50 percent (50%) limitation noted
above. Request for waivers to the personnel cap must be submitted by the SAA to GPD in writing on official
letterhead, with the following information;
° Oouumentatiomexplaining why the cap should bewaived;
° Conditions under which the request isbeing submitted; and
° A budget and method nfcalculation of personnelcoutsbothinpercmntagesufthagmnt award and |n
total dollar amount, To avoid supplanting iaouoo, the request must also include o three year staffing
history for the requesting onUly.
Organizational activities under SHSP and UAS I include:
� Intelligence Analysts. Per thePersonnel
Enhancement `,=C=/wH""�*wSecurity Act (Public Law //0-4/c), SnSrand uAo/funds
may be used to hire new staff andlor contractor positions to serve as intelligence analysts to
enable lnformat�n/lntelligence sharing capabilities, as well as support existing intelligence
analysts previously covered bySHGPorUAS|funding, |norder hobehired as an intelligence
analyst, staff mfollowing
� Successfully complete training toensure baseline proficiency in |nteUfgonca
analysis and production within six months ofbeing hired: and/or.
� Previously served as an |nte(Ugencn analyst for o minimum of two years either in o
Federal intelligence agency, the military. or State and/or |nmo| law enforcement
intelligence unit,
As identified |nthe Maturation and Enhancement of State and Major Urban Area Fusion Centers priority, all fusion
center analytic personnel must demonstrate qualificationsthat meet urexceed competencies identified Ithe
Common Competencies for State. Local, and Tribal Intelligence Analysts. which outlines the minimum categories vf
training needed forinte/|i ncoaou|yata.Acertihoateo[oomp|ehonofouohtny|ninOmuoLbounU|aw(ththo8AA
and must be made available to the grantee's mopacUre Headquarters Program Analyst upon req /ont In addition
mthese training requirements, fusion centers should also continue to mature their analytic capabilities by
addressing gaps lnanalytic capability |dnndfiedduring the fusion center's annual assessment.
^ Overtime CostsOvertime costs are allowable for personnelto participate| information,
investigative, and intelligence sharing activities specifically related to homeland security and
specifically requested by a federal agency, Allowable costs are limited to overtime associated with
federally requested participation in eligible activities, Including anti -terrorism task forces, Joint
Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by the Maritime
Transportation Security Act of 2002), DHS Border Enforcement Security Task Forces, and
Integrated Border Enforcement Teams. Grant funding can only be used in proportion to the federal
man-hour estimate, and only after funding for these activities from other federal sources (i.e., FBI
JTTF payments to state and local agencies) has been exhausted. Under no circumstances should
DHSIFENIA grant funding be used to pay for costs already supported by funding from another
federal source.
Exhibit A
Operational Overtime Costs. In support of efforts to enhance capabilities for detecting, deterring.
disrupting. and preventing acts of terrorism, operational overtime costs are allowable for increased
security measures at critical infrastructure sites. SHSP or UASI funds for organizational costs may
be used to support select operational expenses associated with increased security measures at
critical infrastructure sites in the following authorized categories:
Backfill and overtime expenses for staffing State or Major Urban Area fusion centers;
Hiring of contracted security for critical infrastructure sites;
Participation in Regional Resiliency Assessment Program (RRAP) activities:
Public safety overtime;
Title 32 or State Active Duty National Guard deployments to protect critical infrastructure
sites, including all resources that are part of the standard National Guard deployment
package (Note; Consumable costs, such as fuel expenses, are not allowed except as part
of the standard National Guard deployment package); and
Increased border security activities in coordination with CBP.
SHSP or UASI funds may only be spent for operational overtime costs upon prior approval provided in writing by the
FEMA Administrator per the instructions in IB 379.
Law Enforcement Terrorism Prevention (LETP) Activities Allowable Costs (SHSP and UASI)
LETP Activities eligible for use of LETPA focused funds include but are not limited to:
• Maturation and enhancement of designated state and major Urban Area fusion centers, including
Information sharing and analysis, threat recognition, terrorist interdiction, and training/ hiring of
Intelligence analysts;
Coordination between fusion centers and other analytical and investigative efforts including. but not
limited to Joint Terrorism Task Forces (JTTFs), Field Intelligence Groups (FIGs), High Intensity Drug
Trafficking Areas (HiDTAs), Regional Information Sharing Systems (RISS) Centers, criminal intelligence
units, and real-time crime analysis centers;
• Implementation and maintenance of the Nationwide SAR Initiative, -including training for front line
personnel on identifying and reporting suspicious activities; and
• 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.
C. Allowable Exercise Related Costs
Exercises conducted with grant funding should be managed and conducted consistent with HSEEP. HSEEP
guidance for exercise design, development, conduct, evaluation, and improvement planning is located at
https://vvww.fema.gov/exercise.
• Design, Develop, Conduct, and Evaluate an Exercise
• Exercise Planning Workshop
• Full- or part-time staff or contractors/consultants
• Overtime and backfill costs, including expenses for part-time and volunteer emergency
Response personnel participating in DHS/FEMA exercise
• Implementation of HSEEP
• Activities to achieve exercises inclusive of people with disabilities
• Travel
• Supplies associated with allowable approved exercises
• Interoperable communications exercises
Additional Exercise information
Sub -Recipients that decide to use HSGP funds to conduct an exercise(s) are encouraged to complete a progressive
exercise series. Exercises conducted by states and Urban Areas may be used to fulfill similar exercise requirements
required by other grant programs. Sub -Recipients are encouraged to invite representativesfplanners involved with
other Federally -mandated or private exercise activities. States and 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.
33
Exhibit 1
Exhibit A
Exercise Scenarios. The scenarios used in HSGP-fundecl exercises must be based on the state/Urban
Area's THIRA and SPR, The scenarios used In HSGP-funded exercises must focus on validating
capabilities, must be large enough in scope and size to exercise multiple activities and warrant
involvement from multiple jurisdictions and disciplines and non -governmental organizations, and take
into account the needs and requirements for individuals with disabilities, individuals with limited English
proficiency and others with access and functional needs, and is essential to the development of an '
effective and comprehensive exercise program. Exercises are designed to be progressive — increasing
in scope and complexity and drawing upon results and outcomes from prior exercises and real -world
incidents — to challenge participating communities. Consistent with Homeland Security Exercise and
Evaluation Program guidance and tools, the National Exercise Program (NEP) serves as the principal
exercise mechanism for examining national preparedness and measuring readiness, Exercise
scenarios should align with priorities and capabilities identified In the Multi -year TEP.
• Special Event Planning. if a state or Urban Area will be hosting a special event (e.g., Super Bowl, G-8
Summit), the special event planning should be considered as a training or exercise activity for the
purpose of the 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 SHSP or UAS I funding to finance training and
exercise activities in preparation for those events. States and Urban Areas should also consider
exercises at major venues (e.g., arenas, convention centers) that focus on evacuations,
communications, and command and control.
• Regional Exercises. States should also anticipate participating in at least one Regional Exercise
annually. States must include all confirmed or planned special events In the Multi -year TEP.
• Role of Non -Governmental Entities in Exorcises. Non -governmental participation in all levels of
exercises is strongly encouraged. Leaders from non -governmental entities should be included in the
planning, design, and evaluation of an exercise. State, local, Tribal, and territorial jurisdictions are
encouraged to develop exercises that test the Integration and use of non-govemmental resources
provided by non -governmental entities, defined as the private sector and private non-profit, faith -based,
community, participation In exercises should be coordinated with the local Citizen Corps Council(s) or
their equivalent and other partner agencies.
FDEM State Training Office conditions for Exercises: For the purposes of this Agreement, any exercise which is
compliant with HSEEP standards and contained in the State of Florida (and County or Regional) MYTEP qualifies as
an authorized exercise. The Sub -Recipient can successfully complete an authorized exercise either by attending or
conducting that exercise.
• in order to receive payment for successfully attending an authorized exercise, the Sub -Recipient must
provide the Division with a certificate of completion or similar correspondence signed by the individual in
charge of the exercise; additionally, the Sub -Recipient must provide the Division with all receipts that
document the costs incurred by the Sub -Recipient in order to attend the exercise.
• In order the receive payment for successfully conducting an authorized exercise, the Sub -Recipient
must provide the Division with an ExPLAN, AAR/IP, IPC/MPC/FPC Meeting Minutes and Sign -in Sheet
for exercise attendees: additionally, the Sub -Recipient must provide the Division with all receipts that
document the costs incurred by the Sub -Recipient in order to conduct the exercise. The Sub -Recipient
must include with the reimbursement package a separate copy of the page(s) from the Exercise Plan
which identifies the participant agencies and a prinled page(s) from the State (and County or Regional)
MYTEP reflecting the exercise.
• If you require food/water for this event, request must come to the Division within 25 days prior to
the event, in the following format:
Exercise Title:
Location:
Exercise Date:
Exercise Schedule:
Estimated Number of Participants that will.be fed:
Estimated Cost for food/water:
Description of the Exercise:
33
Exhibit 1
Exhibit A
Unauthorized Exercise Costs
• Reimbursement for the maintenance andlor 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 signs).
D. Allowable Training Related Costs (SHSP and UASIJ
Allowable training -related costs under HSGP include the establishment, support, conduct, and attendance of training
specifically identified under the SHSP and UASI programs and/or in conjunction with emergency preparedness
training by other Federal agencies (e.g., HHS and DOT). Training conducted using. HSGP funds should address a
performance gap identified through an AAR/IP or other assessments (e,g., National Emergency Communications
Plan NECP Goal Assessments) and contribute to building a capability that will be evaluated through a format
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 model of instructional design using the Course Development
Tool.
• Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-
sponsored and approved training classes
• Overtime and backfill expenses for part-time and volunteer emergency response personnel
participating in DHS/FEMA training
• Training workshops and conferences
• Activities to achieve training inclusive of people with disabilities
• Full- or part-time staff or contractors/consultants
• Travel
• Supplies associated with allowable approved training that are expended or consumed during the
course of the planning and conduct of the exercise project(s)
• Instructor certification/re-certification
• Coordination with Citizen Corps Councils in conducting training exercises
• Interoperable communications training
Additional Training Information
Per DHS/FEMA Grant Programs Directorate Policy FP 207-008-064-1, Review and Approval Requirements
for Training Courses Funded Through Preparedness Grants, issued on September 9, 2013, states,
territories, Tribal entities and urban areas are no longer required to request approval from FEMA for
personnel to attend non-DHS FEMA training as long as the training is coordinated with and approved by the
state, territory, Tribal or Urban Area Training Point of Contact (TPOC) and falls within the FEMA mission
scope and the Jurisdiction's Emergency Operations Plan (EDP), The only exception to this policy is for
Countering Violent Extremism courses. DHS/FEMA will conduct periodic reviews of all state, territory, and
Urban Area training funded by DHS/FEMA. These reviews may include requests for all course materials and
physical observation of, or participation in, the funded training. If these reviews determine that courses are
outside the scope of this guidance, Sub -Recipients will be asked to repay grant funds expended in support
of those efforts.
For further information on developing courses using the instructional design methodology and tools that can
facilitate the process, SAAs and TPOCs are encouraged to review the NTED Responder Training
Development Center (RTDC) website.
DHS/FEMA Provided Training. These trainings include programs or courses developed for and delivered
by institutions and organizations funded by DHS/FEMA. This includes the Center for Domestic
Preparedness (CDP), the Emergency Management Institute (EMI), and the National Training and Education
Division's (NTED) training partner programs including, the Continuing Training Grants, the National
Domestic Preparedness Consortium (NDPC) and the Rural Domestic Preparedness Consortium (RDPC).
Approved State and Federal Sponsored Course Catalogue. This catalogue lists state and Federal
sponsored courses that fall within the DHS/FEMA mission scope, and have been approved through the
34
Exhibit 1
Exhibit A
FENI8course review and approval process. An updated version of this catalog can boaccessed at:
i,vliv,Af.firstreoi)onciertraininuqom
Training Not Provided by DHSIFEVA. These trainings include courses that are either state sponsored or
Federal sponsored d �
fall within the OHS/FEMA mission scope to prepare state, local, Tribal, and territorial personnel to prevent,
protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events.
, State Sponsored Courses. These courses are developed for and/or delivered by institutions or
organizations other than Federal entities or FEMA and are sponsored by the SAA or their
dwsignatedTPOC.
^ Joint Training and Exercises with the Public and Private Sectors. These courses are
sponsored and coordinated by private sector entillas to enhance public -private partnershIpsfor
training personnel to prevent, protect against, mitigate, respond to, and recover from acts of
terrorism urcatastrophic events, Overtime pay for first responders and emergency managers who
participate in public-privite training and exercises is allowable. in addition, States, territories,
Tribes, and Urban Areas are encouraged toincorporate the private sector |ngovernment-
sponsored tmin|ngandoxeroioen.
Additional information an both DI-IS/FENIA provided training and other federal and state training can be
found at: vm*At.hstmomondertra|ning.qov.
Training Information Reporting System ("Web- Forms"). YVnb'Fonnmis an elan|nonioform/da(o
management system built to assistN 84A andits designated S territory and Tribal Traii Point of
Contact (TPOC), Reporting training activities through Web -Forms Is not required under FY 2018 HSGP,
however, [tie system remains available and can be accessed (hrough the FENIA Toolkil located at
nop://wwi,vn,,otresoonnvxrammg.qov'oummmnrdertoxupportOrunteno|ntheirvwntrmukingn[kaining.
FOEM State Training Office conditions: For the purposes of this Agreement, any training course listed on
the OHS approved course catalog qualifies aaonouthohze0course, The Sub -Recipient can successfully
complete an authorized course either by attending or conducting that course.
* /norder toreceive payment for successfully attending anauthorized training course, the Sub -Recipient
must provide the Division with acertificate o(coumocompletion: additionally, the Sub -Recipient must
provide the Division with all receipts that document the Costs incurred by the Sub -Recipient in order to
attend the course.
° In order the receive payment for successfully conducting onauthorized course, the Sub -Recipient must
provide the Division with the course materials and aroster sign -in sheet: additionally, the Sub -Recipient
must provide the Division with all receipts that document the costs incurred hythe Sub -Recipient In
order toconduct the uoursa.^
° For courses that are nnn-DHDapproved training, Sub -Recipient mustrequest approval to conduct
training through the use oythe Non-TEDForm and provide acopy, along with email, showing approval
granted for conduct.
For the conduct nftraining workshops, Sub'Radpionimust provide ocopy of the course materials and
signAn sheets.
° The number[ participants must be a minimum of 15 in order to justifj the cost of holding a course. For
questions regarding adequate number of participants please contact the FDEIVI State Training Officer
for course specific guidance. Unless the Sub -Recipient receives advance written approval from the
State Training Officer for the number of participants, then the Division will reduce the amount authorized
for reimbursement on a pro-rala basis for any training with less than 15 participants.
* The Sub -Recipient must include with the reimbursement package oseparate copy uf the page(o)from
the State (and County orRegional) MYTEPreflecting the training.
E. Allowable Equipment Related Costs (SHSPand UA3V .
Tho21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment
standards for HSGP are listed on the web -based version of the Authorized Equipment List (AEL) an
.
Exhibit A
httP:/IWNW.feMa.go,i!authorized-equipment-list, Unless othorMsastated, equipment must meet all mandatory
laand/or uHx standards to beeligible for purchase In addition, agencies will be
responsible for obtaining and maintaining all necessary certfflcaDons and licenses for the requested equipment.
Grant funds may baused for the procurementofmedical countermeasures. Procurement of medical
countermeasures must be conducted In collaboration with State/cityllocal health departmentswho,odninistorFadeno/
funds from MH8for this Procureirient musth sound threat based jhD ioe
consequences of mass casualty Incidents during the First crucial hours of a response, Prior to procuring
pharmaceuticals, grantees must have in place an inventory management plan to avoid large periodic variations in
supplies due to coinciding purchase and expiration dates. Grantees are encouraged to enter into rotational
procurement agreements with vendors and distributors. Purchases of pharmaceuticals must Include a budget for the
disposal of expired drugs within each fiscal years period of performance for HSGP. The cost of disposal cannot be
carried over to another FENIA grant or grant period,
The equipment, goods, and supplies ("theeligible equipment") purchased with funds provided under this
agreement are for the purposes opao/fiaUin"Flohda'oDomestic Seouhty Strategy'. Equipment purchased with
these funds will houtilized inthe event pfemergencies, Including, but notlimited tterrorism -related
hazards. The Sub -Recipient shall place the equipment throughout the State of Florida in such a manner that, in
(he event of an emergency. the equipment can be deployed on the scene of the emergency or be available for
use at a fixed location within tvo, (2) hours of a request for said deployment, The Florida Division of Emergency
Management (FDENI) must approve any purchases of equipment not Itemized in a project's approved budget in
advance of the purchase,
The S In accordance with the statewide mutual aid agreement or other emergency response
purpose as specified in the "Florida Domestic Security Strategy,' ensure that all equipment purchased with
these funds IS Lsed to respond to any and all incidents within its regional response area as applicable for so
long as this Agreement remains in effect. Prior to requesting a response, the FDEIVI 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.
The Sub -Recipient shall noti�/ thoFDENI Office of Domestic P.
Tallahassee, FloddaJ23Q9one year in advance oftho expiration ofthoequipment's posted shelf -life ornormal
life expectancy urwhen /Lhanbeen expended. The Sub -Recipient shall notify the FDEIVIImmediately ff the
equipment iadestroyed, lost, ovstolen.
Controlled Equipment U4SI.and OpSG;
Grant be usedfor the purchase of Controlled Equipment; however, because ofthe nature ofthe
equipment the potential impact on the community, there are additional and specific requirements in order to acquire
this equipment. Refer to 18 407a: Use of Grant Funds for Controlled Equipment,
F. Management and Administration (M&A)
Management and administration (NI&A)activities are those directly relating to the management and administrationo[ '
HOGPfunds, such aofinancial management and monitoring. Sub -Recipients awarded M&Acosts under this
agreement can retain a maximum of up to 5% of their total agreement award amount for NI&8costs.
M&A activities Includes:
* Hiring o(full-time orpart-time staff mrountraotors/consubants:
° Toassist with the management ofthe respective. grant program,
" Tuassist with application requirements.
° To assist with the compliancy with reporting and data collection requirements,
G. Procurement /
All procurement transactions will heconducted inomanner providing full and open competition and
shall comply with the standards odiculatedin:
" 2C.FJ�Part 20V
^ Chapter287 Florida Statues; and,
any local procurement policy,
36
Exhibit
Exhibit A
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 must adhere to the requirements of the State statute.
The Division shall pre -approve all scopes of work for projects funded under this
agreement. Additionally, the Sub -Recipient shall not execute a piggy -back contract unless 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.
H. Piggy -backing
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 rot unlimited. The existing contract
must contain language or other legal authority authorizing third parties to make purchases from the
contract with the vendor's consent. The terms and conditions of the new contract,.including the Scope
of Work, must be substantially the same as those of the existing contract. The piggyback contract may
not exceed the existing contract in scope or volume of goods or services. An agency may not use the
preexisting contract merely as a 'basis to begin negotiations' for a broader or materially different
contract.
•
•
Section 215.971, Florida Statutes
Statutory changes enacted by the Legislature impose additional requirements on grant and Sub -
Recipient agreements funded with Federal or State financial assistance. In pertinent part, Section
215.971(1) states:
An agency agreement that provides state financial assistance to a Recipient or
Sub -Recipient. as those terms are defined in s. 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 all of the following,
A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient or
Sub -Recipient is required to perform.
A provision dividing the agreement into quantifiable units of deliverables that must be received
and accepted in writing by the agency before payment, Each deliverable must be directly
related to the Scope of Work and specify the required minimum level of service to be
performed and the criteria for evaluating the successful completion of each deliverable.
A provision specifying the financial consequehces that apply if the Recipient or Sub -Recipient
fails to perform the minimum level of service required by the agreement. The provision can be
excluded from the agreement only If financial consequences are prohibited by the federal
agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub -
Recipient for failure to perform as required under the agreement may be expended only in
direct support of the program from which the agreement originated.
A provision specifying that a Recipient or Sub -Recipient of federal or state financial assistance
may expend funds only for allowable costs resulting from obligations incurred during the
specified agreement period.
A provision specifying that any balance of unobligated funds which has been advanced or paid
must be refunded to the state agency.
A provision specifying that any funds paid in excess of the amount to which the Recipient or
Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to
the state agency.
• Any additional information required pursuant to s. 215,97.
37
Exhibit 1
Exhibit A
I. Overtime and 8ackfill
The entire amount of overtime costs, including payments related to backfitling personnel, which are the direct
result of time spent on the design; development, and conduct of exercises are allowable expenses. These costs
are allowed only to the extent the payment for such services is in accordance with the policies of the State or
unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In
no case Is dual compensation allowable, That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1;00
p.m. to 5:00 p.m.), even -though such work may benefit both activities. Requests for overtime or backfill must be
reduced by the number of hours of leave taken In the pay period. For the purposes of this agreement, leave and
pay period are defined according to the Fair Labor Standards Act (FLSA).
Failure to comply
Failure to comply with any of the provisions outlined above shall result in disallowance of reimbursement for
expenditures.
Unallowable Costs (SHSP, UASI and OPSG)
Per FEMA policy. the purchase of weapons and weapons accessories is not allowed with HSGP.
J. Reporting Requirements
I. Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within thirty (30) days after the end of the reporting periods
(March 31, June 30, September 30 and December 31) for the life of this contract.
• If a report(s) is delinquent, future financial reimbursements will be withheld until the Sub -
Recipient's reporting is current.
If a report goes two (2) consecutive quarters without Sub -Recipient reflecting any activity
and/or no expenditures will likely result in termination of the agreement.
Programmatic Reporting Schedule
Reporting Period
Report due to FDEM no later than
January 1 through March 31
April 30
April 1 through June 30
July 31
July 1 through September 30
October 31
October 1 through December 31
January 31
2. Programmatic Reporting-BSIR
Biannual Strategic Implementation Report:
After the end of each reporting period, for the life of the contract unless directed otherwise, the SAA, .will
complete the Biannual Strategic Implementation Report In the Grants Reporting Tool (GRT)
https:/rwM,v.reportin0,odp.dhs.ciov. The reporting periods are January 1-June 30 and July 1-
December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and
reimbursement may be withheld if these reports are delinquent.
3. Reimbursement Requests:
A request for reimbursement may be sent to your grant manager for review and approval at any time
during the contract period. Reimbursements must be requested within ninety (90) calendar days of
expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within
ninety (90) calendars of expenditure shall result In denial of reimbursement. The Sub -Recipient should
include the category's corresponding line item number In the "Detail of Claims" form. This number can
be found in the "Proposed Program Budget". A line item number is to be included for every dollar
amount listed in the "Detail of Claims" form.
4. Close-out Programmatic Reporting:
38
Exhibit 1
Exhibit A
The Close-out Report is due to the Florida Division of Emergency Management no later than sixty (60)
calendar days after the agreement is either completed or the agreement has expired.
K. Programmatic Point of Contact
Contractual Point of Contact
Programmatic Point of Contact
Michael J. Day
FDENI
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850) 815-4346
Michael,day@em.myflorida.com
Amy Garmon
FDENI
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850) 815-4356
Amy,Garmon@em.myforida.com
L. Contractual Responsibilities
• The FDEfMf shall determine eligibility of projects and approve changes in Scope of Work.
• The FDENI shall administer the financial processes.
39
Exhibit 1
Exhibit A
ATTACHMENT
DELIVERABLES AND PERFORMAECE
State Homeland Security Program (SMSP):SHSPsupports the limplemnoialfo ofrisk driven, capabilities -based
State Homeland Security Strategies
Hazard Identification and Risk Assessments (TH|HAo).The capability levels assessed inthe State Preparedness
Report (SPR) and inform planning, organization, equipment, training, and exercise needs to prevent, prctect against,
mitigate, respond to, and recover from acts of terrorism and other catastrophic events,
Planning Deliverable: Subject to the funding limitations o[this Agreement, the Division oUa||�inmbomethe Sub -
Recipient �r�eouuo{cootofsuoceaxfu!�compedngP|ann|ngpcUvid� eo�nno|a/�n�withe�Duidolinoaoon{oinodin
the Comprehensive Planning Guide CPG1O1 v.2. For additional Information, p(ease see
httn.-//mwm,.femm.nov/vdfi'a0vuWdivisionmhod/CPG 101 Y2odforgrant guidance (Notice ofFunding 0ppomunity).
For the purpose,5 of this Agreement, any planning activity such as those associated with the Threat and Hazard
identification and Risk Analysis (TH|RA).State Pnapo/ednosoRepv�(SPg).and o�erp/ann�Omo��|eo�atouppo�
the Nudnna(Preparedness Goal (NPG)and place anemphasis onupdaUnQundmaintaining acurrent Emergency
Operations Plan 0 eligible. The Sub -Recipient can successfully complete a planning activity either by
creating orupdating such p|ao(o).
Organization Deliverable; Subject to the funding limitations cf this Agreement, the Division ohaUreimburse the Gub'
Reoimontfbrthooctua|e||gibleconts for Personnel, Intelligence Analysts, Ov rlimeondOpamhuno|0vertina,
Exercise DwUvn,ub(o/ Subject to the funding {kn/tabono o/this Agreement, the Division shall reimburse No Sub -
Recipient for the actual cost nfsuccessfully completing onexercise which moetathe Department fHomeland
Secuftj Homeland Security Exercise and Evaluation Program (HSEEP) standards and is listed In A) the State of
Florida Multi -Year Training & Exercise Plan (MYTEP), and B) County or Regional TEP for the region In which the
-- --,---"--"—,'--'--`—. ^^Information related `~ 'E'"and ""E='compliance can uvfound online at:
httPox1vwxv]Uodho.qmv,'hseep. For the purposes of this Agreement, any exercise which is compliant with HSE�P
standards and contained in the State of Florida MYTEP qualifies as an authorized exercise, ThoSub'Remfpientoon
successfully complete an authorized exercise either by attendlng or conducting that exercise.
Training Deliverable: Subject tothe funding limitations of this Agreement, the Division shall reimburse the Sub -
Recipient for the actual cost of successfully compieting a training course listed o n the Department of Homeland
Security (DH8)approved course catalog,FDHS approved courses the Sub -Recipient shall obtain advance
FDEM approval using the Non-TED form by contacting their grant manager, This DHS course catalog is available
online at: http:/itraininq.fema,gc)%i/, For the purposes of this Agreement, any training course listed on the OHS
approved course catalog qualifies as an authorized course, The Sub-Racip ient can successfully complete an
authorized course either by aftending or conducting that course.
Equipment Deliverable: Subject to the funding /|m/tohonxo[this Agreement, theDivision shall reimburse the Sub -
Recipient for the actual cost ofpurchasing onitem idan/ifioUinthe approved project funding template and budget nf
this agreement nnU|i:toUonthoDHSAuthodoedEquipmanLL|ot(AEL). For the purposes ofthis
Agreement,
iham|iateUontheAELqumU8nna000autho/�nd|�m. The21aUo°mb|opn*vandon.pm�cboo.mi-a(ion' |o'ma,
and recovery equipment categories d equipment standards for H version of the
Authorized Equipment List (AEL) on the Lesso ' ns Learned Information System at hftr)://beta,fema.qovlauthorized-
eQuipment-list. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and
licenses for the requested equipment.
Management Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimbur5e the Sub -
Recipient for the actual cost for Management and Administration (M&A) activides.
Costs for allowable items will be reimbursed If incurred and completed with! nthe period ofperformance, In
accordance with the Scope ufWork, Attachment 5nf,h|nagreement.
/
Exhibit /
Exhibit A
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 Statutes
4) Chapter215, Florida Statutes
5) Chapter252, Florida Statutes
6) Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq.
7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq.
8) Copyright notice 17 U.S.C. §§ 401 or 402
9) Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200
10) Debarment and Suspension Executive Orders 12549 and 12689
) Drug Free Workplace Act of 1988 41 U.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) False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729 also 38 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 et seq.
19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act
20) Terrorist Financing Executive Order 13224
21) Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. § 1681 et
seq.
22) Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104
23) Rehabilitation Act of 1973 Section 504, 29 U,S.C, § 794
24) USA Patriot Act of 2001 18 U.S.C. § 175-172c
25) Whistleblower Protection Act 10 U.S.C. § 2409, 41US,C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. § § 4304
and 4310
26) 53 Federal Register 8034
27) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
41
Exhibit 1
Exhibit A
ATTACHMENT
JUSTIFICATION OF ADVANCE PAYMENT
SUB -RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ j ADVANCE REQUESTED
Advance payment oC5 is requested. Balance of payments will be made on a reimbursement basis. These
funds are needed to pay stafff, award benefits to consumers. for the purchase start-up supplies and equipment,
The sub -recipient 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)
2020 Anticipated Expenditures for First Three Months (90 days
of Funding Agreement
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
,
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash
advance. The justification must include supporting documentation that clearly shows the advance will be expended
within the first ninety (90) days of the Funding Agreement term. Supporting documentation should include quotes for
purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary
support that the advance will be expended within the first ninety (90) days of the Funding Agreement term. Any
advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division
Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any
interest earned on the advance).
42
Exhibit 1
Exhibit A
ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
Financial Management
The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R.
§200, Part D—Post Federal Award Requirements —Procurement Standards (2 C.F.R. §§200.317 through 200.326).
Codes of conduct.
The Sub -Recipient shall maintain written standards of conduct governing the performance of its employees engaged
in the award and administration of contracts. No employee, officer, or agent shall participate In the selection, award,
or administration of.a contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent,_eny member of his or her immediate
family, his or her partner, or an organization which employs or Is about to employ any of the parties indicated, has a
financial or other interest in the firm selected for an award. The officers, employees. and agents of the Sub -Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers. employees, or agents of the Sub -Recipient.
Business Hours
The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from Monday to Friday from 8am to 5pm
Licensing and Permitting
All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for ail
of the particular work for which they are hired by the Sub -Recipient.
43
Exhibit 1
Exhibit A
ATTACHMENT G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) • The prospective subcontractor of the Sub -Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation In this transaction by any Federal
department or agency.
(2) Where the Sub -Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR;
By:
Signature Sub -Recipient's Name
Name and Title FDEM Contract Number
Street Address Project Number
City, State, Zip
Date
44
Exhibit 1
Exhibit A
ATTACHMENT H
STATEMENT OF ASSURANCES
All of the instructions, guidance, limitations, and other conditions set forth in the FY 2018 Notice of Funding
Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award.
All Sub -Recipients must comply with any such requirements set forth In the program NOFO.
All Sub -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 purpose through non -Federal
sources,
All 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 or in part with
Federal funds.
Any cost allocable to a particular Federal award provided for In 2 C.F.R, Part 200, Subpart E may not be charged to
other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or
terns and conditions of the Federal awards, or for other reasons. However, thls prohibition would not preclude a
Sub -Recipient from shifting costs that are allowable under two or more Federal awards in accordance with existing
Federal statutes, regulations, or the terms and conditions of the Federal award,
Sub -Recipients are required to comply with the requirements set forth in the govemment-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 wwhich incorporated here by reference in the terms and conditions of your award.
Alt Sub -Recipients must acknowledge and agree to comply with applicable provisions goveming DHS access to
records, accounts, information, facilities, and staff.
1. Sub -Recipient must cooperate with any compliance review or compliant investigation conducted by the State
Administrative Agency or DHS.
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 books, papers, or documents related to the grant
3. Sub -Recipient must submit timely, complete, and accurate reports to the FDEM and maintain appropriate backup
documentation to support reports. Sub -Recipients should also comply with all other special reporting, data collection
and evaluation requirements, es prescribes by law or detailed in program guidance.
4. If, during the past three years, the Sub -Recipient has been accused of discrimination on the grounds of race,
color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the Sub -
Recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of
settlement agreements to FDEM for forwarding to the DHS awarding office and the DHS Component.
5. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination
after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Sub -
Recipient of funds, the Sub -Recipient will forward a copy of the finding to the Office for Civil Rights, Office ofJustice
Programs.
6. Sub -Recipient will acknowledge their use of federal funding when issuing statements, press releases, and
requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or In
part with Federal funds.
7. Sub -Recipient will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with
whom they have family, business, or other ties.
8. Sub -Recipient who receives awards made under programs that provide emergency communications equipment
and its related activities must comply with SAFECOM Guidance for Emergency Communications Grants, including
provisions on technical standards that ensure and enhance interoperable communications.
45
Exhibit 1
Exhibit A
S. Sub -Recipient will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities
and that it will nolify the Federal grantor agency of the receipt of any communicaton from the Director of the EPA
office of Federal Activities indicating that a facility to be used In the project is under consideration for lisUng by the
EPA.
10. When original or replacement equipment acqd'i-red under this award by the Sub -Recipient is no longer needed for
the original project oprogram or for other activities currently or previously supported by DH3/FE1VlA, you must
request Instructions from FDEIVI tomake proper disposition o[the equipment pursuant to2C.F.R.Section 280.313.
�
/
'
!
'
Exhibit A
ATTACHMENT I
MANDATORY CONTRACT PROVISIONS
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix 11
to 2 C.F.R. Pad 200. It is the responsibility of the Sub -Recipient to include the require provisions. The Division
provides the following list of sample provisions that may be required:
47
Exhibit 1
Exhibit A
OMB Guidance
•Ls. C!n :.I•Ilacon .t:t. s: 3rnat 1.••t-10 C.S.C.
l: t:.3:1n , x'il•'n r• j3:_ 1 by f:,1-'r a; pr'1ir:••arn
:.t - :•it, a: pr:7r..- •_r.n••t.r.L tian •:un,ra.:ta
to ox,•~of 3C.-N.+O a>.0 1 .1 b7 non-VoUaril
an..t•).ntu_. In:.:u.lt? .t tr.'I.:i trt for c,tmall-
ar.•:n w'.'a th•a C..'sr-F.t.:es .\:' is a S.0
1:i:.t:ll. a_•td 3:16-1:•1l .tti. ;'i^:1?t^�n'•=zt k>'
ro@ar•:Clast rf l_ttrr :;1a:ton.: I'wl CFR
P u: 1. • 1.ator ta::'.l g'1.: Pro7( ••otw Arpit-
al?i: te) Cnn-ra - C•ay.,rin. ^a.larall:r Fl-
r ancod .u0,1 A.; lal i Crnatruction" ). l i
_r)rl,'I�L•a. with the) 3t.4tII.0. L'Ontl':a.:COr; rapist
hi r•aru gad s4 pay ivaz•!:: ao iahoreta and
=,El,line3 a; a rate not 1?::a th.ut the prt*v:tihitar
•aar,ra s1 ':r:'(�d to a W3. Ib3tarn:111:trl0n
M.p.h.!, by- the Sac:r4::1r:: of Lator In a.ldition.
,tootra,:r.sr3 mru;, be remelts.) to par wagon
nrab 14::N C11.11 or.:aa a ;v:,,> •_ The non -Fedora:
entity ingot ptat:a 3 conof whe eur^an: tn'•l-
7ai.1ng- wa.3 la*t.ir':n::td:lwn 1s$u i 117 Lila De-
partment of La: or 11.1 oa h ;oh:l d:ian. 7110
- .1,1,a,iit)11 i+* ,i u-1 .a :AMU' 1. :r. ar stth,:onEra.:r.
con•tttiorted :1p'In. tSv .t.tcopt;ancu of
rho le.t..,lararin)tixttr:n:The non-1"].)era: an-
t::7 ntti.;t "nor all :tt ;)or. 41lJ •'sr rapnrt.9d
'relations to rho Fe+1.3i' :a•.v:ar•1:r azenCy.
The ;ot:tr3,:1d IllUat 3:.0 in+: t'I.tV 3prov1::Lon
for •:Or:4.1:an::4 with Ell.) Cop..:and •'Antr-
C:•:3 1[; L S.C, x: i.>:. a.; Suitt a-
lmtr.[o+i ▪ b' Dopa:tni-,nt of Labor ret:nlatb?nu
CFR Part 3. ' C''n:I-a•:inri and Sub-
,y.n.tr.l.r.,Tro nc P: bi::: I?t:t:•1:r..t or Puti:•:
Work Fi ane?•.I 1:1 R'il,si-) or in Parr. by Loan.;
or Granr4 iron) the Coxed St,a:es' ). The A21
cr'>v1,1.:1 that. *3.:h ;..)Gtra. trrr" or 101,-
r . ta:•):1 n::7 r„ ar'.it:i'tt.:•.1 torn Inttu._t:i:;
'ca. aro r^..'.1:; . an.:- p.:r:.oti or)pi. 's1 In the
n1•.ry :1 r,. •arn1ir-{en_ :ir ro0a:r of pubis•
. 1•'rt. ua x:':•) lip arty part of the •sontpen.(a..
t:.n t,I a 1:c•h il•a Or alt. L 1:.hsrw::;a emitted.
't'i:d non-I'ador:l: en:it7 mn.w Corxrt .11: Sl:a-
p•r_t.}d or rap»it':,xd ,:0i.1:30n1 to tho t'odcira:
Ce▪ n:•r.t.:L s"4'?r1s 15)Tura anal Safety
3:in,_.ar.t.: -\: .10 C.S.C. 3"31-J'98, 'k-hara
aipticabLo, a;I contracts awstrdad by the non-
Fedt-ra: ant:c: In 9x7.7s.I of 1:i0.001) that 1n•
-olio r_La an11.11oc:canc of trecha,1.-5 fir 1•a1).>r.
,l'•: rnti$t Inci'11.' .1 provtsi•>a for :�omptiancn
:v:n 10 L'3.C. 37'12 a..l 1:.11. a, aunr fomented
1:7 Leper;roam of Labor :t:a:.ions t21) CFit
1 2", 5 1: n to r lC S.C. 3'.U:. of tb o
:nittrl.:t•:r nlriat ba re'r12:rid 1.3 compute) tilt;
:y.'1.r9:; of 9!.•4ry n:i•Chant-. and i.0:3rar on tat*
ba.:13 of t sandard work weak of 10 hour.s.
'Work it: ex;est( st the la.l,a: -1 v.lrk rook
p*rnt1 i5l:)t•a pirovttett that Itbr worker is corm-
r .t:ad ss a rat, of not bits tl:.tn or.,, and a
}r.a.' 1ifl 2 .hd h t.:i: rat.> of pay G>r ail hour;
worked In oK:1s1is of -10 hour; In the work
w•-ok. Th.l rc•.ptlr .r:anr i of Ica C.S.C. 37QI aro
*roll.ta1:1.. W, ,,onstr:x-I:l )n w ark and provide
th.tt no 1.t1>0o4r or rnrr._11.t::ic int:at too ro-
au:r'Id to wart In surround1ntri or und.)r
workIn coal::ion.: whi•:It aro t1_-t.:.'1.zrary
hyr„ar.l,an; or -L.1n.t:orou_i. Th. 110 r•lu:r)mont6
tnp17 t0 the por-th.t„:es of si pI:ao or
Pt. 200, App. 11
m.tr..lrlai; or .arti:les orlla.tr ::? avalla I)l•l on
tho op. o :nark tr.• or don:r.1..S:; rer ti•Ln, '.r•
ta•-b)n 11• •r:an,trnLSUdl •71 m1.11. •'n.:•:'
1F•'t 11i.h7.4 ss L•randno:; N1.t.10 L'nJ-:r a
Gm::a:t or A. r,'m.?r•t. ii tl1a F"1!'ra: 1'N.lyd
177•,h. r,: 117•) 1:'Cnt::vn Of " fun•I:ntr lt:rs. r. nt
n:0-'1' 7 CFR 11111 i •I• And th., cr
3;l l: ra•:1: idna •:.ides :o orator into .1 clrtr 1.:t
vl.h !malt bu3lnest dru or nooprofl:. or.w-
ntatl•>n rivarllno: rho 3ult ti:u:lnn of par -
[too. 3.:.aaam.nt or parformancn of axpar.-
nlenta). davaleprnan.11. or rlllsu^:tt work
un.1.,r War, " ILndinT aarr_•man,." the ^9dpt-
anl; or suhrec10anL must con pip with the ra-•
'Iulr.gment.a of 37 CFR Part 101. "Rlahl : to In-
car•ticns SLade h.7 Nonprofit 0r.anIzat1011s
and Small ltuslnoos F'Ir)ta Collor Cavorn-
mNnt Giant . Con=sets 311'1 Cool}3r:a:Ivo
.t_ ?Drones." and any lnorlalnanttne r-•u11.1x-
L:unS wood by- tho ;1W3r•11n1
(G. Clean Air A:c (12 L'.S.C. 71t)L F3.1'1.::in:I
tho F:'.G1ra1 µ'aI:)r Pollution Control A-:t r33
C.S.C. I.'SL •I'18: a.; Arne dotL--Con tract:. ant
s7tr:Inc.; of 3:11017151 1n ovo)s of S:50.0W
m 11 Can":ala a provston that requires t11.0
nun-F-ldor:L awar•1 to 31r*o to comply w1:h
all applicable Standar,lu. °riot's of rd1.:R1a-
tlt>n3 1..;uad puric:ant so Ito Moen t:r
• L C.S.C. 7101 71;7:1) and C110 Federal Water
Po1I•.1,1on Control .4a .0 amended 13:3 C.S.C.
Lit -Tilly). V i ol:a::,.trig mu.it b.) r. or!•'d co 611"
Vod.,rai awari-Io :1, n.:7 an-1 the Retl-rl:a:
(f1':.:a or tho b'a-rtronrlsnral Prot.rttun
.-1Yona:v
)I.1a'l.uary st,a11.1.u7Lr ro-
1.t.init a) atter31' airtcldn.:v W1al..h are eC:>•
t.tinosl. in the seaaa onor_z oorcer to:lan plan
: u,.'..L In .xlm1)l14nt:o with the Fn0r3-.^ Poil•-Y
and Cr.'naor•rarton Ace ( I_ C.S.C. San..
.1: Debarment an.,1 Su:sp. n.:ten tRx:..:nri•: a
Orders l2.540 ,Intl contract a•xs.l•.l
atoa 2 CPR 11111.Z.33i crust not h.: made co par-
ties )lase.) on the 1.o'arnmenttr:d.a Lt.1u:1od
Ps:'t1_s List Sy tom In rho Sy3ten: or ,warn
11.tn:tttatn011r, I _.LYi 1, to d.:COr3.ulc3 with the
04U3 :roidelrn.rs at 2 CF'R 18'3 that Irnplornent
EX3l11l7u Orders 1.2543 (3 CFR Pars t:Mtti
Comp., p. 13-o. and L'XU1 .9 CFR Part Iflitl)
Cornp . p. =1.5.. "F)ab.arn:ant a11d Suapanitan.'
The F Ct1 ,loi1 P-11.-ti4s List S•ntam In SAKI
cont.aln3 the n:11•nos of partras &barred. ;pa-
perded. or othelr',v;a' oxelud0d L':i aliarvaus. 34
w 111 .05 partla5 d0l:lara.l 1n.g1IT_blo under utlat-
u:orr or re•ruL11057 .1Ht110. (1t7 Order than Ex-
deut170 Order 12..I0.
tJ. 13.7rd .tact-Lebbcl71 amend:r:eut ('lt
C.S.C. 1352'.--Contract.i's that apply or hid
fur :1n war•i of S00.0) or more must llla t11.1
ra.La:ro.l eor5ne.ttian. F:neh 11ar cnrtlfto5 G]
the tier ahoy+? that It 9411 not and has not
u.,ud Fodoral apprnprtara.1 Panda' to pay any
pornrn or or'l:an:%317on for Inf111onsllllt or at-
tempting to int-Nano) an of11eo1' or entplos.w
of any ad0ncy. 3 monlber of' CMICraSa. 01TIV.ir
Or B1noloyoo of COMMIS-4 Or 37 .ImptoRao of a
moml>or of Conure(ts in connection with ob-
taining' any Fablral contract, cram or alrr
195
48
Exhibit 1
Exhibit A
Pt. 200, App. IR
b7 31 C.SC 1352, Eatt
ciar mu.st. An-s
non-.17•r1l fund.1 that EA:cos pl.toe in coo-
obi:a:mina air/ FJrt.vri..
St211 aro forma:led kora tlar to
tsar ap non-FedariI syvtri.
3.41 I :{‹;.a= Priniur mon ot* nicely:T.1cl
PA:r; 201-N:1m izcT
(F,t-k*, Cars 1c rc.rcaN:o
A 3.S7k3N1'...INT. AND RATV,
re-rs C.R•I.V.STETI.:TiOns OF r-16117,71.
EL&C.A.:".ON HE
A. CD:NrtAL
This ainsendir provi.les ori:eria for itionti-
f:lnu amid f.,rmput'az In. r Ind:root
1%E:A rataa 1111.1a Indnitlet
tro Elloso chat ans Inc.:a-rod for
rrunrcll :emit oltioctivas and tharifira
tianno t t rp.t. !I 7 and aTor.11'..:.-A::•.7
with rari,lcn1ar srori,xrp4 priroct. in••
srrs :Ilona: .1,...:171r7. or any °char
SOO subwtIon 13.1,
11;il or F.A.1::•:.1-lo and .1...Intin:stratIon. for a
1:.,:cusi;:sn of tta encilka:41:.; of indltioct
• re'S,:.1,, ,:tir,Es.
I. if 2,..or Fuo...tions a;..sp lost::
I.E.,fer.; 1o1I, orlon:1 too-I:Ir.:h.
stair sisonsorod ActIvItitti and other `4.'-‘1CItti•
AitivItt,,,s 1,,,alvati r,b:o
11.,r.r,k,"!:,..N mans theth h1n lad
acrlytz:e..1 r' Et.:Opr.
is:: re:var.-it train:A:4 A.; pr,1,d 111
tln b. r.h...;
I.:ri I:nos. tvlia.Eltor2ware offorNi
iur 1,,ssv1r1 daser;a or or
on A nrr..rar.nt ba.A1.5. Ar.el orliAilOrthv3.ro
titron.ra ragular acadattn.: ilepart.
;tont.; 3r asspa:ate
rnr5,.:1;0.3; A:71.qoa r as aatansion •1171s/On.
Aliso C,711311orsd par t, or Chi o in3:or function
risear,;11. A;:d. 7i)1.41,3
3.4,71o4 t& tin:vets:EY reseat-:11.
i 1 • Sty;vi.n...rtti ittatr.irtzoo tf rr.4.4113
Cr tra:aitur Actt.rity as-
Eat:ha:el atutc.tionriis.:E. or coopers.tiva
34i-earner:E. Por purposes of Ella oost prtn-
ap14s. thi may be considers,: 3.
maier PV-r1 th<T,{b Inststiatlon's
tiraltntan: ir.s7 trieduda Ir. tit Eh.)
instraction function.
;2: f.,:wtsorivo,sta: resaorrh :roans rosAarsh.
devo:oprrienn And scholarly A.:Advil:34n that
ay.:A:a:sad r.31.,,o,Ir..b. and.
AOr.114Dr,i7. an not sorsarataIv inulfzItad ana
1...•:of.111!.?,1 fr. L'epartraani.t: raseartih. for
purpOsos of this (Norma:it. Is noE considerolt
la a atalcir function_ tut as a pan of the In-
strn,:tion Ansa:Eton of the Indti:allon.
b. Orsonzed researOt mean.; a:: TO.::e1M11
And ttov•itolitiiehr. AsitiVIr.las or 3111r.StaAlt.1011
saparttaly btid,r1r.A and 3:rounrotj
for It :TA: ludos:
2 CFR Ch. II (I•-1-14 EdItIon)
,suoosor-d rtseurott means a:I rqne.i.r•:h
and ddv•Ilpistr.ent a:Witt:on that .tro ipon•
sored bir Federal and non-Fotteral Azoncias
iJ 011.3:111o)11.1. Tb1 rm TM:TA:los sztlY:.
tt,s ithe tra,:ntrur of IndividuAI'a
rosP.arsh tech:Piles icorrtnor.lv
soarth trair_nia whera 3U.11 acEivitIes
G.:14i ronearzh Ar.d
74; )1:1111,M: 3,:(171t1-1.1 3.1,1 whore such
Ar 1 not in,lalett in the Indcruotion forni-
c1c1:211; terili 7 r-!.:O.Alrch rnean.; 3:: 1,..1Seal%h
and dev)loprr.ent a:trivet: that aro soca-
butlzoted And a:counted for bt: the In.
ste.w.00n titular An inc-srnal Applica:Aon oi in-
stittitlonal hinds. 1..11:7Orits.7 rosoar11. for
purnosos of thin documpric. musc b,l arn-
bilad 'CO sponsored rosearcli undar the
folIctlen orzava:14 rc.I.searelt
C. Other St:(01.5704 arglatres tr:tA3.n.5 prourims
:tad prolecc.; financed by Follart; and non-
azor.,: les and ari.o.nloarIon5 which In.
vol71 th.porforrnanlio of work other than In-
trlot:on am! orz.-c11lzes1 roearoh. Rs.t.rnplo.s
or such pro-am:vs And nrolei:ES hattli:h
service projacts al c011Intt111:t7 A'Orilre pro -
rums. Ho:vovor. uilan anY oi theoo as'-tv:V•1-1=.;
aze undera:sor, by the Mg-mat:on ;y:'.1.1c;or.
okrzi.ld st;ppor:, thev may be claosif1,ad 34
other insr,..nir.:011.11 A.:
d. Oliter Insalut:otkil actrristes-.; means Al 1 a:-
C.:41E14S 3:: instil:it:don for
Lion. doVArt1nor.E4'. rOz);Arr.hornanized ro-
soar.:11. and other spcnzoreil 3..1171t:43. 3.3
In indlract. I
14V1r.103 idant-1;".-3:i Appen.11:t pitra-
ratii B. 1,1ant1a..ation wad 3$ilr.rnQIr. of In-
Airect. :P.3t-A: costs; and speciaBsed services
closcrited In 1200.1ii8' Bpoctair....1
service faci:stlan of slits Pam,
V.I.unplas of other Institution -Al a.otr:ii,ias
inaltitla operation of rosidance .1.1111na
htispita:_; and dialzs. student, unlora.
ttuttio out at a Eh le ties . boo Ics boron. faculty
hous1t4. student, apart4r.entn, ifoest houaes.
tttlieLi. tha;ttsrs, publio museum& And ocher
Atm:Bar, ant.kprisos. rats del:W.:ion
.114,3 HischkNo Ani other c-acoo:orlos 3,.!CI•r..
com; of w111,:b aro "unAilowal:14" co
Fodor's.: anrAnLi. unless ocharwiso
lli xa
1. Cruna(qr ()tart tae:ov
a. Rose mrr;od, A base poriocl for distribo•
11.> ch..i period
durIaz which Eho costs an Incorrod. Tba
baio period nermay Abould volnoide wIth
cha nst.thitshad by [ha inscitil two.
Ix:: In any avant the baaa period should ba 10
solptstatl AA to3 1701(1 Intifirmlos 111 tn.)
trIbution ni costs.
b. Nea.d. coa qT:rottias. Tbg ovorall
ob-
jtt7 of Eta indiroci (Pf.:A) cost. allocution
proceos dLstrIbut.e the Inairecm
co3 loser1I:e.1 in Section B. Iiler.::ftcarAin
and :usIznroonr, of Intlirocc f,t. costs. to
49
Exhibit 1
Exhibit A
ATTACHMENT
MoNITpK(NGoUosL/msn
Florida has enhanced state and local capability and capicity to prevent, prepare and respond to terrorist
threats since 1999 through various funding sources including federal grant funds, The Florida Division of
Emergency Management (FDEM) has a responsibility to track and monitor the status of grant activity and
items purchased to ensure compliance with applicable grant guidance and statutory regulations. The
monitoring process is designed to assess a Sub -Recipient agency's compliance with applicable state and
federal guidelines,
Monitoring is accomplished utilizing various methods including desk monitoring and on -site visits. There are
process.tW0 primari areas reviewed during monitoring activities - financial and programmatic monitoring. Financial
monitoring is the review of records associated with the purchase and disposition of property, projects and
contracts, Programmatic monitoring is the observation of equipment purchased, protocols and other
associated records. Various levels of financial and programmatic review may be accomplished during this
[Desk monitoring is the review or projects, financial activity and technical assistance between FDENI and the
applicant via a+nm/| and telephone. On -site monitoring are ootuo| visits to the Sub -Recipient agencies by
Division representatives who examines records, procedures and equipment
Fmquenovofannual monitoring ooU@t«
Each year. FDBN will conduct monitoring based on o "Risk Assessment". The risk nooeaomont toot is used to
help indetermining the priority o(Sub-Recipients that should boreviewed and the level ofmonitoring that
should beperformed, It is ImportgntmnntothaLe|thouyhe given grantmay boclosed, iLiostill subject to
either desk oron-site monitoring for ofive (5)year period following closure. ,
Areas that will bwexamined Include:
° Management and ndminiatradv*procedures:
Gent folder maintenance;
° Equipmentoouuuntabi}ityondoub'handreooiptpmomdurea;
Program for obsolescence;
~ Status orequipment purchases;
^ Status n[training for purchased equipment;
, Status and number of response trainings conducted to include number trained;
* Status and number nfexercises;
° Status nfplanning activity;
Anticipated projected completion;
" Difficulties encountered |ncompleting projects;
, Agency N|NIS/|CScompliance documentation;
" Equal Employment Opportunity (EEO Stabuo);
° Procurement Policy
FDEN1 may request additional monitoring1information of the activity, or lack thereof, generates questions from
the region, the sponsoring agency or FDENI leadership. The method ofgathering this information will be
determined or) a case -by -case basis.
Desk monitoring is an on -going process. Sub -Recipients will be required to participate in desk top monitoring
andetermined byFD51VI.This contact will provide anopportunity to identify the need for technical assistance
(TA) andlor a site visit if FIDENI determines that a Sub -Recipient Is having difficulty completing their project,
As difficulties/deficiencies aridentified, thctive region or sponsoringwill be notified by the
program office via email, Information will include the grant Sub-Reciplerit agency name, year and project
description and the nature of the issue In question. Many of the issues that arise may be resolved at the
regional or sponsoring agency level. Issues that require further TA will be referred to FIDEM for
assistance. Examples of TA include but are not limited to:
° Equipment selection nravailable vendors
6 Eligibility of items or services
50
`
|
|
Exhibit 1
\
`
Exhibit A
° Coordination and partnership with other agencies within oroutside the re0iommdiscipline
° Roourdkeaping
° Reporting Requirements
• Documentation in support of a Request for Reimbursement
On -Site MnnKphnnProt*om |
On -site be conducted by FIDEM or designated personnel.On-site monitoring visits wf||he /
scheduled in advance with the SUb-Racipient Agency POC designated in the grant agreement. Subject matter
experts from other agencies within the region ar state may be called upon to assist in the form of a peer review
as needed.
On -site identified
and significant for that federal fiscal year (FY 18). Site visits may be combined when geographically
convenient, There isafinancial/programmatic on -site monitoring checklist huassist in the completion of all
required tasks.
Site Visit Preparation
A monitoring notification leaerwill be sent to the Sub -Recipient Agency Point of Contact (POO) outlining the
date, time and purpose or the site visit before the planned arrival date, The appointment should be confirmed
with the Sub -Recipient in writing (emall Is acceptable) and documented in the grant folder.
The physical location '
onohalocated atanalternate site should beconfirmed with o representative
from that location and the address should bedocumented In the grantee folder before the site visit.
On -Site MonKohnqVisit
Once FDEkI personnelhave arrived otthe site, FDEH per5onnel will explain the purpose o[the site visit and
thaitems FDENI Intends toexamine will Uoidentified, All objectives o[the site visit will hoexplained during this
FDENI personnelwN
review all num and supporting documentation. Once the eupp.ortfngdocumentation has
been reviewed, atourweuollspoiinspection u/equipment will bvconducted.
Each item oe|entedfor m-Aawshould bovisually inspected whenever possible, Bigger items (oomputurs.
response vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent location
oneach piece nfequipment ooper 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 |nexcess uf S1.8U0.per item).|fanitem |snot o"aUob(o(being used during time of the site vioi4.
the appropriate documentation Must beprovided tnaccount for that particular piece ofequipment.
Other programmatic issues can bodiscussed at this time, such oumissing quarterly reports, payment
vnucher/reimUumement.equipment, quoodono.etc,
Post Monitoring Visit
FDENI personnel will review the on -site monitoring worksheets and backup documentation as a team and
discuss the events of the on -site monitoring.
Within thirty(%O) calendar days ofthsite visit, a post monitoring
recipient explaining any issues and corrective actions required or recommendations. Should no issues or
findings be identified, a post monitoring letter to that affect will be generated and sent to the Sub -Recipient. If
there are no findings, the Sub -Recipient will submit a Corrective Action Plan within a timeframe as determined
byFDEM. Noncompliance on behalf ofsub-reclpient is resolved byrnanagement under the terms of the Sub -
Grant Agreement.
ATTACHMENT
GHPGU|DEUNES
ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP)COMPLIANCE GUIDELINES
The following types ofprojects are to basubmitted hoFENIAfor compliance review under Federal environmental
planning and historic preservation (EHP) laws and requirements prior to initiation of the project:
51
.
Exhibit 1
/
/
Exhibit
° New Construction, Installation and Renovation, including but not limited to:
�Emergency Operation Centers
- Security Guard facilities
�Equipmentbuildings (such oothose accompanying communication towers)
Waterside Structures (such as dock houses. piers, ()to.)
° 'Placing arepeater and/or other equipment onanexisting tower
° Renovation nfand modification tobuildings and structures that are 50years old nrolder
° Any other construction nrrenovation efforts that change or expandthe footprint ofoFacility orstructure
including security enhancements toimprove perimeter security
^ Physical Security Enhancements, including but not limited to:
� Lighting
Fencing
� Closed-circuit television (CCTV) systems
� NloUondetection systems
� 8a,riors, duors, gates and related security enhancements
In addition, the erection of communications towers that are included in a jurisdiction's interoperablo communications
plan ioallowed, subject toall applicable laws, regulations, and licensing provisions. Communication tower projects
must bosubmitted toFEMAfor EHPreview,
EHPDETERMINATION PROCESS
|. Submit the Final Screening Memo Vzthe 8f*\for review prior to funds being expended.
U. The SAAwill review and noUjthe Sub -Recipient ofits decision. The grantee should incorporate sufficient
time and resources into the project planning process to accommodate EHP requirements,
APPROVAL PROCESS T3PEMA
| Prepare oformal written Scope of Work with details Outlined |nthe attached EHPComyliance
Requirements,
||. The Final Screening &(emoshoWd beattached to all project information sent bthe Grant Programs
Directorate (8PD)for onEHPregulatory compliance review.
|)| Complete the attached National Environmental Policy Act (NEPA) Compliance checklist. '
|y. Prepare maps indicating the location(s) of proposed project (Guidance provided),
V. Take photographs o[the |000Uon(s)ufproposed project (Guidance provided)
V|, Forward all documents bothe SAX All documents are then forwarded to GPDelectronically via the
Centralized Scheduling and Information Desk id ho.qnv.
V/|. CG0will send onemail nonfinnireceipt ufthe project description.
V|||. FEMAProgram Analyst sends noUfioaUqnhoSAAwhen review |ocomplete, GAAnotifionSub-Rnoipientuf
FEWA'afinal decision.
|X. THE PROJECT MAY BEGIN ONCE FINAL FENLAAPPROVAL |SRECEIVED. Grantee should incorporate
sufficient time and resources into the project planning process toaccommodate EHPrequirements.
Grantees must receive written approval from FENIA prior to the use ol"grant funds for project
i
i
/
�
/
'
!
/
PLAMNING
Exhibit A
ATTACHMENT
REIMBURSEMENT CHECKLIST
1. Does the amount billed Ayconsultant add upcorrectly?
2. Has all appropriate documentation todenote hours worked been properly signed?
3. Have copies ufall planning materials and work product (a.g.meeting documents, copies nfplans)
been included? (Note ' If meeting was ha|U by Sub -Recipient orcon tractor/consultant nfSub+
Recipient, an agenda and sIgnup sheets with meeting date must be included).
4. Has the invoice from consultant/contractor been included? (Note — gran( agreement must be
referenced onthe Invoicel
| | 5� Has proof orpayment been �u�god7
�� Canceled check
Electronic Funds Transfer (EFT)Confirmation
Credit Card Statement & payment hzcredit card company for that statement
[-- 6. Has Attachment G (found within Agreement with FQEW} been completed for this
contra ctodconsultan t and included in the reimbursement package?
| | 7 Has proof ofpurchase methodology been included? Please see Form 5 o/Reponing Forms or
Purchasing Basics Attachment ff fut1herclarity isneeded,
Sole Source (approved byFDEWforpunohonounxuaoUing%25.VOO)
~YendocVNonufaotunmr]ustiFinatin|otteris required
State Contract (page showing contract #. price list)
Competitive bid results
Cons uhonbXContractors (Yute: this applies to contractors also billed under 0rvenbati/n}
1. Isthe course DHSapproved?
2. Is there aooumemcatalog number? |fnot. has FDBHapproved the nonDH8training?
3. Have Sign -In Sheets, Rosters and Agenda been provided?
4. If billing for overtime and/o,bmck@. has documentation been provided that Usto attendee nomes,
department, #ofhours spent o1training, hourly rate and total amount paid toeach attendee?
Have documentation from entity's financial system been provided as proof attendees were
For backfill.has a clear delineation/crossneference been provided showing who was
backfilling who?
6� Have the names on the sign -in sheets been cross-referenced with the names of the Individuals for
whom training reimbursement costs are being sought?
�— O. Have any expenditures occurred inouppo�u[�training such as printing m��to
costs, ouvd
/ administering the train|ng, plonn|ng, schnduUnO, faoiUUea, materials and nupp|ies, reproduction of
materials, and equipment? |fso, receipts and proof n[payment must besubmitted.
Canceled check '
Electronic Funds Transfer (EFT)Confirmation
|
�
!
�
`
/
'
53
i | /
!
Exhibit � |
EX
Exhibit A
Credit Card Statement & payment to credit card company for that statement
7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or
Purchasing Basics Attachment if further clarity is needed.
Sole Source (approved by FDEM for purchases exceeding $25,000) 'Vendor
/Manufacturer justification letter is required
State Contract (page shovving contract it, price list)
Competitive bid results
CISE
1, Has documentation been provided on the purposeiobjectives 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 backfill, has a spreadsheet been provided that fists attendee names,
department, # of hours spent at exercise, hourly rate and total paid to each attendee?
Have documentation from entity's financial system been provided to prove attendees were
paid?
For backfill, has a clear delineation/cross reference been provided showing who was
backfilling who?
4. Have the names on the sign -in sheets been cross-referenced with the names of the individuals for
whom exercise reimbursement costs are being sought?
Ei 5. Have any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) In support of the
exercise? If so, receipts and proof of payment must be included.
Canceled check
Electronic Funds Transfer {EFT) Confirmation
Credit Card Statement & payment to credit card company for that statement
6. Have any expenditures occurred on rental of space/locations for exercises planning and conduct,
exercise signs, badges, etc.? If so, receipts and proof of payment must be included.
Canceled check
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that statement
7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or
Purchasing Basics Attachment if further clarity Is needed.
Sole Source (approved by FDEM for purchases exceeding $25,000) *Vendor/Manufacturer
justification letter is required
State Contract (page showing contract #, price Ilst)
Competitive bid results
EQUIPMENT
I. Have all invoices been included?
2. Has an AEL # been identified for each purchase?
3. If service/warranty expenses are listed, are they only for the performance period of the grant?
4, Has proof of payment been included?
54
Exhibit 1
1
Exhibit A
Canceled check
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that statement
5. If EHP form needed, has a copy of the approval DHS been included?
S. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms of'
Purchasing Basics Attachment if further clarity is needed.
Sole Source (approved by FDEM for purchases exceeding $25,000) *Vendor
/Manufacturer justification letter is required
State Contract (page showing contract #, price list)
Competitive bid results
TRAVEUCONFERENCES
1. Have all receipts been turned in, itemized and do the dates on the receipts match travel dates?
Airplane receipts
Proof of mileage (Googte 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 ndt included in per diem amount
2. If travel is a conference has the conference agenda been included?
3. Has proof of payment to traveler been included?
Canceled check
Electronic Funds Transfer (EFT) Confirmation
Credit Card Statement & payment to credit card company for that statement
Copy of paycheck if reimbursed through payroll
MATCH1NG FUNDS
I J
1. Contributions are from Non Federal funding sources identified?
2. Contributions are from cash or in -kind contributions which may include training Investments.
3. Contributions are not from salary, overtime or other operational costs unrelated to training.
SALARY POSITIONS
1. Has a signed timesheet by employee and supervisor included?
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
- 1. If billing for overtime and backfili, has a spreadsheet been provided that lists attendee names.
department, # of hours spent at exercise, hourly rate and total paid to each attendee?
Have documentation from entity's financial system been provided to prove attendees were
paid?
For backfill, has a clear delineation/cross reference been provided showing who was
backfilling who?
55
Exhibit 1
Exhibit A
FOR ALL REIMBURSEMENTS ' THE FINAL CHECK
Li
7
1. Have all relevant forms been completed and indodadwith each request for reimbursement?
2. Have the costs incurred been charged to the appropriate POBEcategory?
8. Does the total oo all Forms submitted match?
4, Has Reimbursement Form been signed bythe Grant Manager and Financial Officer?
5. Has the reimbursement package been entered into Sub -Recipients reco'rds/spreadshoet?
0' Have the quantity and unit cost been notated onReimbursement Budget Breakdown?
7. If this purchase was made via Sole Source, have you Included the approved Sole Source
documentation and /uoMfivaUom?
O. Doall ofyour vendors have acurrent YY'O(Tax Payer Identification) unfile?
Please note: FDENresoneathe right u,update this checklist throughout the life cf the grant boensure
compliance with applicable federal and state rules and regulations,
Exhibit A
AGENDA ITEM SUMMARY FORM
Fite ID: #5120
Date: 11/20/2018
Commission Meeting Date: 01/10/2019 '
Requesting Department: Department of Fire -
Rescue
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Grant - Urban Area Security initiative
Purpose of Item:
Resolution to establish a Special Revenue Project entitled: `The Urban Area Security
ihitiative ("UASI") Grant Program FY 2018"; appropriating funds in the amount of
$5,700,000.00 received from the U.S. Department of Homeland Security, passed
directly through the State of Florida Division of Emergency Management and
authorizing the City Manager to execute Memoranda of Agreements ("MOA's") with
contiguous partners, setting forth their responsibilities in connection with the support of
the UASi Project administered by the City of Miami Department of Fire -Rescue.
Background of Item:
The United States Department of Homeland Security, through the State of Florida
Division of Emergency Management (DEM), has sub -granted the Urban Area Security
Initiative ("UASI") Grant Program FY 2018 to the City of Miami and its contiguous
partners in the amount of $5,700,000.00. This program targets homeland security
funding to. "high threat" urban areas in order to prevent, respond to, and recover from
threats or acts of terrorism and other disasters of natural or man-made origin.
These funds will be used, as stipulated by the grant, for the purchase of specialized
equipment, to conduct exercises, training and administrative services, and for the
development of the Urban Area Homeland Security Strategy, and other planning
activities, needed to ensure a successful program.
it is now appropriate to accept said grant award, establish a special revenue project,
and appropriate said grant award therein,
In addition, the City Commission authorizes the City Manager to execute Memoranda of
Agreements ("MOA's") with contiguous partners, Broward County Emergency
Management ("BEMA"), Broward County Sheriff's Office ("BSO"), 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, Monroe
County, Palm Beach County Emergency Management, Palm Beach County Sheriff's
Office, and the Village of Key Biscayne, setting forth the parties' responsibilities in
connection with the development and support of the UASI Program FY 2018 which is
administered by the City of Miami Department of Fire -Rescue.
Budiet Impact Analysis
Exhibit 1
Item is NOT funded by Bonds
Item is Related to Revenue
Item is an Expenditure
Total Fiscal impact:
$ 5,700,000.00
Start Up Capital Cost:$5,700,000.00
Special Revenue Account No:
Department of Fire -Rescue
Department of Fire -Rescue
Department of Fire -Rescue
Office of Management and Budget
Office of Management and Budget
Legislative Division
City Manager's Office
Office of the City Attomey
Office of the City Attorney
Office of the City Attorney
City Commission
Exhibit A
11100.189000.431000.0000.00000
Reviewed By
Ty McGann
Johnny Duran
Eioy Garcia
Pedro Lacret
Christopher M Rose
Valentin J Alvarez
Nikolas Pascual
Juan Carlos Perez
Bamaby L. Min
Victoria Mendez
Maricarmen 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
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
11/21/2018 7:49AM
12/07/2018 4:38 AM
12/07/2018 8:29 AM
12/07/2018 3:09 PM
12/24/2018 8:80 AM
12/24/2018 8:54 AM
12/24/2018 9:48 AM
12/24/2018 10:69 AM
12/24/2018 11:10 AM
12/26/2018 4-:29 PM
01/10/2019 9:00 AM
Exhibit 1
Exhibit A
City of Miami
Legislation
Resolution: R-19-0025
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5120 Final Action Date: 111012019
A RESOLUTION OF THE M€AMI CITY COMMISSION, WITH ATTACHMENT(S),
ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "URBAN AREA
SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2018" AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT
OF $5,700,000.00 CONSISTING OF A GRANT FROM THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY ("USDHS") TO THE STATE OF
FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("FDEM"); AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE
THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, AND ANY AND ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT
THE ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE CITY
MANAGER TO EXTEND SAID UASI GRANT PROGRAM (FISCAL YEAR 2018)
AS NECESSARY AND TO EXECUTE ANY AND ALL OTHER RELATED
MODIFICATIONS, AMENDMENTS, OR EXTENSIONS ON ALL MATTERS
EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; AUTHORIZING THE EXPENDITURE
OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR
HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT
GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
MEMORANDA OF AGREEMENT(S) ("MOA'S"), IN SUBSTANTIALLY THE
ATTACHED FORM(S), WITH CONTIGUOUS PARTNERS SETTING FORTH THE
PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT
AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF
MIAMI'S DEPARTMENT OF FIRE -RESCUE CONTINGENT UPON FUNDING OF
SAID PROJECT BEING SECURED.'
WHEREAS, the United States Department of Homeland Security ("USDHS") is
authorized by the Emergency Wartime Supplemental Appropriations Act 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 them 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 Division of Emergency
Management has sub -granted an Urban Area Security Initiative ("UASI") Grant Project Fiscal
Year 2018 to the City of Miami ("City") in the amount of $5,700,000.00; and
WHEREAS, the City's Department of Fire -Rescue will use said funds 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; and
WHEREAS, in accordance with the UAS! Grant Program Fiscal Year 2018, the attached
City of Miami Page 1 of 3 File 1D: 5120 (Revision:) Printed On: 1/18/2019
Exhibit 1
Exhibit A
File ID: 5120 Enactment Number: 11-19-0025,
Memoranda of Agreements ("MOAs'') with the City's contiguous partners including 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, Monroe County, Palm Beach County
Emergency Management, Palm Beach County Sheriff's Office, and the Village of Key Biscayne
will provide the necessary guidelines to coordinate the UASI Grant Program FY 2018 and will
permit the City to reimburse its partners for their eligible expenditures that are compliant with
said Project:
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 2018
RESOUCES: USDHS directly to the State of Florida
Division of Emergency Management
APPROPRIATIONS:
$5,700,000.00
$5,700,000.00
Section 3. The City Manager is authorized' to accept said grant award and to execute
any and all necessary documents, in a form acceptable to the City Attorney, to implement
acceptance of said grant award.
Section 4. The City Manager is further authorized to extend said UASI Grant Program
(Fiscal Year 2018) grant awards as necessary and to execute any and all other related
modifications, amendments, or extensions on ail matters except those dealing with funding
changes in connection with the development and support of the UASI projects administered by
the City's Department of Fire -Rescue as an UASI Sponsoring Agency, contingent upon the
funding of the UASI projects being secured in the form of grants from the Federal Department
through the Florida Division of Emergency Management and in a form acceptable to the City
Attorney,
Section 5. The City Manager is authorized {1) to execute MOAs, in substantially the
attached form(s), with contiguous partners including Broward County Emergency Management,
Broward County Sheriff's Office, the City of Coral Gables, the Clty 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, Monroe County, Palm Beach County Emergency Management, Paim Beach
County Sheriff's Office, and the Village of Key Biscayne for the purpose of setting forth the
parties' responsibilities in connection with the development and support of the UASI Grant
Program Fiscal Year 2018 administered by the City's Department of Fire -Rescue, an UASI
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable Clty Charter and Code
provisions.
City of Miami
Page 2 of 3
Exhibit 1
File ID; 5120 (Revision:) Printed on: 1/18/2019
Exhibit A
File ID: 5120 Enactment Number: R-19-0025
sponsoring agency, contingent upon funding of said project being secured.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
dez,
tto ey 12/26/2018
2 If the mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from
the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami
Page 3 of 3 File ID: 5120 (Revision:) Printed on: 1/18/2019
Exhibit 1
1
FUND TITLE: Urban Area Security Initiative (UASI)
Grant Program FY 2018
RESOURCES:
Department of Homeland Security (DHS)
directly to the State of Florida Division
of Emergency Management (FDEM)
$5,700,000.00
APPROPRIATIONS: $5,700,000.00
Exhibit A
FY 2018 Budget -Miami -Ft. Lauderdale UASI
Exhibit #2
lurbdlcdonRegional
hem
Procurement
Category
Sub -Category
Disdpnne
Une Item *
OetaReItem d Description
Aft is
Qty
Unk Cost
Current Budget
BEMA
Planning
Personnel
Emergency
Management
2018-01A
Broward County Critical Infrastructure &
Key Resources (CIKR)
1
$62,838.00
$62,838.00
BEMA
Planning
Personnel
Emergency
Management
2018-018
I:M Whole Community Planning:
Integration of Volunteer & Faith Based
Organizations
1
$62,838.00
$62,839.00
BSO
Planning
Training
Emergency
Management
2018-01C
BSO PTE - CEMP/COOP/COG (P-
$75,000, T-$5000, E-$10,000)
1
$90,000.00
$90,000.00
BSO
Equipment
Equipment
Law Enforcement
2018-02A
EOC Enhancements & Sustainment
21GN-00-OCEQ
04AP-05-COSS
131T-00-ALRT
04AP-01-CADS
04M0-02-PROJ
04MD-03-DISP
04HW-01-HHCD
04MD-01-VCAM
21GN-00-CNST
21GN-00-INST
21GN-00-MAIN
1
$34,000.00
$34,000.00
Coral Gables
Equipment
Equipment
All Disciplines
2018-11A
r r acement for HSGP Purchased
Equipment. (Video Throw Phone,
Portable Tablet Computers, SCBA,
Thermal Imager, P25 Portable Radios,
Satellite Phones, HazMat Gas Monitor,
Radiological Detectors, MCI Triage
Command Kit...)
21GN-00-MAIN
1
$59,805.00
$59,805.00
Coral Springs
Equipment
Equipment
Law Enforcement
2018-04A
Mobile Video Surveillance Trailer
030E-07-ROVL 12TR-
00-TEQP
4
$28,387.00
$113,548.00
Fort Lauderdale
Equipment
Equipment
Emergency
Management
2018-02B
Ft. Lauderdale EOC Enhancements to
include video conference,
encoder/decoder, display video,
satellite phones, cabling, connector
wiring, and its installation or
maintenance.
21GN-00-CCEQ
21GN-00-OCEQ
21GN-00-MAIN, 06CP
05-VCOM, 04MD-03-
DISP, 04HW-01-
HHCD and 05PM-00-
PTCH, 06CC-03-SATP
1
$63,500.00
$63,500.00
Fort Lauderdale
Equipment
Training
All Disciplines
2018-02C
CERT - Ft. Lauderdale to include:
medical bags, CERT backpacks, radios,
Awards, and Instructor OT
UbLP-Ul-PUN I, UyML
01-BAGM, 21GN-00-
CCEQ and 19GN-00-
BGPK
1
$17,713.00
$17,713.00
Fort Lauderdale
Exercise
Planning
All Disciplines
2018-01D
PT&E Coordinated Attack Exercise
1
$13,400.00
$13,400.00
Fort Lauderdale
Equipment
Equipment
Law Enforcement
2018-06A
X-ray Equipment, Portable or
Transportable (for Bomb Technician)
02EX-01-XRAP
1
$27,700.00
$27,700.00
Hialeah
Equipment
Equipment
Fire Rescue
2018-11B
SCBA Paks, SCBA Cylinders (paks $5902
each, cylinders $1102 each)
01AR-01-SCBA 01AR-
01-SCBC
10
$7,004.00
$70,040.00
Hialeah
Training
Planning
Fire Rescue
2018-01E
Planning, Training and Exercises:
Hazmat and Active Shooter
1
$121,000.00
$121,000.00
1
Exhibit A
AuMdktton*Vend
Project
Category
Disdplin
Une item*
Detailed item Description
AEL a
Qty
lit* Cost
Current Budget
Hialeah
Equipment
Equipment
Emergency
Management
2018-02D
EOC Enhancements to include
computers/laptops/peripherals
04HW-01-INHW,
21GN-00-OCEQ
1
$22,000.00
$22,000.00
Hialeah
Equipment
Equipment
Law Enforcement
2018-07A
Access Control at City Headquarters
14SW-01-PACS,
21GN-00-INST
1
$24,000.00
$24,000.00
Hialeah
Equipment
Equipment
Fire Rescue
2018-10A
Point Chemical Agent Detector Raman
Spectroscopy & Point Chemical Agent
Detector Fourier Transform Infrared
07CD-01-DPRS O7CD-
01-FTIR
2
$35,600.00
$70,000.00
Hialeah
Planning
Personnel
Law Enforcement
2018-03A
LPR Analyst Sustainment
1
$55,905.00
$55,905.00
Hialeah
Planning
Personnel
Emergency
Management
2018-01F
EOC Planner Sustainment
1
$75,000.00
$75,000.00
Hollywood
Equipment
Equipment
Law Enforcement
2018-09A
Closed Circuit Television Cameras on
Hollywood Beach Boardwalk
145W-01-VIDA,
04MD-03-DISP,
216N-00-INST
23
$5,000.00
$115,000.00
Key Biscayne
Equipment
Equipment
Fire Rescue
2018-11C
Maintenance & Sustainment of UASI
purschased Thermal Imaging Cameras
21GN-00-MAIN
2
$7,713.50
$15,427.00
M&A
Management and
Administration
All Disciplines
2018-17
M&A
M&A
1
$285,000.00
$285,000.00
Miami
Equipment
Equipment
All Disciplines
2018-11D
MG11I IC11a11CC/ 3Unna111111CIR/ RCtla,r/Rein
acement for HSGP Purchased
Equipment. Police $176,465.33; Fire
$94,079.48; EM $27,960.55, HatMat
$7927.40.
21GN-00-MAIN
1
$306,433.00
$306,433.00
Miami
Equipment
Equipment
Emergency
Management
2018-02E
EOC
Enhancements/Maintenance/Sustainme
nt
2iGN-00-OCLq, 14CI-
00-COOP, 07SE-
03-ENVS, 06CC-
05-PRTY, 06CC-
02-DSAD 21GN-00-
INtT
1
$75,346.00
$75,346.00
Miami
Equipment
Equipment
All Disciplines
2018-16A
Ethernet Secured @ Fire College for
Redundant Communications for Miami's
First Responders (18 months). This
project will continue services for a
Metro -Ethernet line that provides fast
network connectivity between the City's
network and the E911 back up center.
14CI-01-COOP
1
$10,360.00
$10,360.00
Miami
Equipment
Equipment
All Disciplines
2018-15A
Satellite Phone Sustainment Citywide
(12 months). This project will sustain
the satellite phones that are installed
throughout City Departments including
police and fire stations which allow all
first responders to communicate when
primary communication services are
down. includes Key Biscayne
06CC-03-SATB
1
$23,545.00
$23,545.00
2
Exhibit A
Jurisdiction
Regional Project
Procurement
Category
Sub -Category
Discipline
Une Item 8
Detailed Item Description
AEL 8
Qty
Unit Cost
Current Budget
Miami
Planning
Training
At Disciplines
2018-01G
P, t & E. This project will support multi-
disciplinary projects for the City of
Miami under the leadership of MEM.
Project scope will involve a full scale
exercise, revision of planning
documents such as the
CEMP/COOP/COG and trainings that
benefit terrorism -related emergency
management trainings. Trainings will
include ICS, Hazmat 160 and any other
specialized courses needed due to staff
attrition. Police $5,650; Fire $62,740, EM
1
$114,027.00
$114,027.00
Miami
Organization
Organization
All Disciplines
2018-048
Operational 01 tor Special Events
approved by FEMA; Fire $18,906.52 and
EM $7,909.28
1
$26,816.00
$26,816.00
Miami
Equipment
Equipment
Law Enforcement
2018-09B
(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
14SW-01-
VIDA,04HW-01-
INHW, 04MD-03-
DISP, 21GN-00-MAIN
1
$169,527.00
$169,527.00
Miami
Planning
Personnel
Emergency
Management
2018-01H
Emergency Management Planner (12
months). This position will assist with
the development/revision of citywide
emergency management plans such as
the CEMP, COG and COOP.
1
$47,091.00
$47,091.00
Miami
Planning
Personnel
Emergency
Management
2018-011
trnergeray rnanagenrem manner tic
months). This position will assist with
general planning responsibilities related
to the implementation of the UASI grant
program.
1
$61,218.00
$61,218.00
Miami
Planning
Personnel
Emergency
Management
2018-011
iqurpnrem nwenwry rr.nrner µ,
months). This position will be
responsible for resource management
tracking and planning portion of the EHP
process.
1
$42,382.00
$42,382.00
Miami Beach
Equipment
Equipment
All Disciplines
2018-09C
CCTV Cameras to be installed along the
Boardwalk and an uncovered part of
Ocean Drive.
14SW-01-VIDA, 21GN
00-INST
12
$7,691.50
$92,298.00
Miami Gardens
Equipment
Equipment
Law Enforcement
2018-04C
Surveillance l ravers L traners, (t.U<V
Surveillance Diesel Generator Trailer
$72,545, & one CCTV Surveillance Solar
Trailer $40,652)
030E-07-ROVL
1
$113,197.00
$113,197.00
Miami -Dade
Training
Training
Law Enforcement
2018-01K
RDF Basic Certification Course
1
$19,478.00
$19,478.00
Miami-Dade
Training
Training
Law Enforcement
2018-011
RDF Basic Recertification Courses (12-
26865)
2
$5,000.00
$10,000.00
Miami -Dade
Equipment
Equipment
Law Enforcement
2018-068
EOD X-Ray Systems: SCANNA Scan X-Ray
Imaging System Kits
02EX-01-XRAP
2
$27,700.00
$55,400.00
Miami -Dade
Organization
Equipment
Law Enforcement
2018-04D
Fusi0n Lenter Special tvents Support
and Server Sustainment (Special Events
$40,000 & $10,000 hardware, computer,
server)
04HW-01-INHW
1
$50,000.00
$50,000.00
Miami -Dade
Equipment
Equipment
Law Enforcement
2018-04E
Explosive Detection Interdiction Canines
(EDIC) with Kennels
07ED-01-DOGS
2
$47,500.00
$95,000.00
3
Exhibit A
JuanRegional
Project
Proorrement
Category
Sub -Category
DiodeNee
Una Item $
Detailed tam Detaiptlar
Aft a
Qty
Unit Coat
Current Budget
Miami -Dade
Equipment
Equipment
Law Enforcement
2018-15B
Communications and Intelligence
Gathering Equipment for SRT
(Audio/Visual Throw Phone, Cellular
Throw Phone, Structural Tactical
Arn stir Ref -elver and Sender)
030E-01-CTAC
13LE-00-SURV
1
$46,600.00
$46,600.00
Miami -Dade
Equipment
Equipment
Fire Rescue
2018-15C
P25 Portable Radios, P25 Portable Radio
Batteries (6 Radios @ $6500 per and
100 Batteries @ $110 per)
06CP-01-PORT;
04HW-01-INHW;
10BC-00-BATT
6
$6,500.00
$39,000.00
Miami -Dade
Equipment
Equipment
Fire Rescue
2018-15D
P25 Portable Radio Batteries
06CP-01-PORT;
04HW-01-INHW;
10BC-00-BATT
100
$110.00
$11,000.00
Miami -Dade
Equipment
Equipment
Fire Rescue
2018-15E
FirstNet Mobile / Interoperabillty
UbU.-U1-CtIL
06CC-02-DSAD 06CC-
03-SATM 06CC-03-
SATP 06CC-04
EQSD 06CC-04-
SADS O6CP-
02-BRDG
1
$20,002.00
$20,002.00
Miami-Dade
Equipment
Equipment
Fire Rescue
2018-090
Security Cameras for 3 centers critical to
the county ( EOC, Fire Rescue
Communications and SEFFC) and Access
Controls at Miami Dade FR HQ Complex
14SW-01-PACS,
21GN-00-INST, 04HW.
01-INHW, 21GN-00-
CNST
1
5200,000.00
$200,000.00
Miami -Dade
Planning
Training
Fire Rescue
2018-01M
Planning, Training and Exercises: UASI
Homeland Security Conference
N/A
3
$2,159.00
$6,477.00
Miami -Dade
Equipment
Planning
Emergency
Management
2018-02F
WebEOC User Guide Enhancement
21GN-00-CNST 04AP
05-CDSS
1
$87,000.00
$87,000.00
Miami -Dade
Exercise
Personnel
Emergency
Management
2018-01N
Hazard Impact Functional Exercise
1
$67,000.00
$67,000.00
Miami -Dade
Equipment
Personnel
Emergency
Management
2018-02G
Municipal Planning WebEOC
Enhancement
21GN-00-CNST 04AP
05-CDSS
1
$70,000.00
$70,000.00
Miami -Dade
Exercise
Personnel
Emergency
Management
2018-010
Closed Point of Dispensing Functional
Exercise
1
$52,479.00
$52,479.00
Miramar
Equipment
Equipment
Fire Rescue
2018-15F
Mobile Electronic Message Boards
030E-03-SIGN
2
$17,000.00
$34,000.00
Miramar
Equipment
Equipment
Fire Rescue
2018-14A
Unmanned Aerial Vehicle
030E-07-SUAS
2
$24,845.00
$49,690.00
Miramar
Equipment
Equipment
Fire Rescue
2018-02H
WebEOC Fleet Eyes Software
04AP-05-CDSS, 04AP-
01-CADS
1
$30,000.00
$30,000.00
Monroe
Equipment
Equipment
All Disciplines
2018-15G
APX6000 700/800 Portable Radios
06CP-01-MOBL
13
$4,750.00
$61,750.00
Monroe
Equipment
Equipment
All Disciplines
2018-13A
Portable Fuel Tank and Trailer
19GN-00-FUEL
12TR-00-TEQP
1
$29,535.00
$29,535.00
Palm Beach
County
Equipment
Equipment
Emergency
Management
2018-021
Maintenance & Sustainmnet of EOC IT
infrastructure
04AP-05-CDSS,
04HW-01-INHW
21GN-00-OCEQ
1
$100,000.00
$100,000.00
Palm Beach
County
Training
Training
Emergency
Management
2018-01P
Position Specifics All Hazards Training
1
$26,117.00
$26,117.00
PBSO
Equipment
Equipment
Law Enforcement
2018-09E
Bomb Suit
02PE-01-BSUT
1
$38,500.00
$38,500.00
PBS°
Equipment
Equipment
Law Enforcement
2018-12A
SWAT Team Night vision Monoculars
030E-02-TILA
8
$4,052.00
$32,416.00
PBSO
Equipment
Equipment
Law Enforcement
2018-06C
SWAT Team Pole Camera
03SR-03-SCAM
1
$15,201.00
$15,201.00
PBSO
Planning
Planning
Law Enforcement
2018-05A
Community Business Partners Against
Terrorism Program
1
$40,000.00
$40,000.00
4
Exhibit A
Jurisdiction
Regional Project
Procurement
CatnitorY
Su eti ory
Disdains
tine Item I
Detailed item DesMptbn
Aft *
an
then Cost
Current Budget
Pembroke Pines
Equipment
Equipment
Law Enforcement
2018-04F
Portable Elevated Surveillance Platform
030E-07-ROVL
1
$73,736.00
$73,736.00
Pembroke Pines
Equipment
Equipment
Fire Rescue
2018-15H
P-25 Compliant Dash Mount Single/Dual
Head Radios
06CP-01-MOBL
9
$4,333.00
$38,997.00
Regional
Miami
Planning
Personnel
Emergency
Management
2018-01Q
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
$85,856.35
$85,856.00
Regional
Miami
Planning
Personnel
Emergency
Management
2018-01R
nbb,v„a, , ICI ,n, 'h. Ivan, „6 MIL.
Exercises Coordinator- this position
includes the responsibilities of ensuring
compliance with training courses as well
as the coordination of necessary
regional exercises.
Planning
1
$72,500.92
$72,501.00
Regional
PBSO Fusion
Organization
Personnel
Law Enforcement
2018-038
Fusion Center Analysts
Organization
5
$50,560.00
$252,799.00
Regional
Miami
Planning
Training
All Disciplines
2018-015
Regional Planning, Training & Exercise
to include attendance at grant related
meetings
21GN-00-TRNG
1
$200,000.00
$200,000.00
Regional
PBSO Fusion
Planning
Personnel
Law Enforcement
2018-03C
Metadata Planner
1
633,389.00
$33,389.00
Regional
PBSO Fusion
Equipment
Training
Law Enforcement
2018-03D
Fusion Center Operations to include
computer hardware and peripherals,
software maintenance, DNS sponsored
Training, alert system and TLO program
support and office supplies/equipment
04HW-01-INHW, 131T
00-INTL, 131T-00-
ALRT
1
5162,173.00
$162,173.00
Regional
Miami
Equipment
Training
Emergency
Management
2018-02J
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-CDSS, 04AP-
03-GISS, 04SW-04-
NETW
1
$119,245.00
$119,245.00
Regional
Miami
Equipment
Equipment
Emergency
Management
2018-151
Emergency Notification System
131T-00-ALRT
1
$47,698.00
$47,698.00
Regional
Ft. Lauderdale
Equipment
Training
All Disciplines
2018-02K
Regional Citizen Corps/CERT Planning,
Training Exercise and Equipment
I`JUN-UU-HUYK, [ILK
00-MEDI, 06CP-01-
PORT, 21GN-00-
CCEQ
1
$150,000.00
5150,000.00
Regional
MDPD
Equipment
Training
Law Enforcement
2018-08A
Regional Cyber Response Team
Enhancements and Training
U4H W-UI-INHW,
05H5-00-FRNS, 05H5-
00-MALW, 05NP-00-
SEIM
1
$140,000.00
$140,000.00
Regional
PBSO
Equipment
Equipment
Fire Rescue
2018-108
Aviation Radiation
Detection/Identification
07RD-04-SGND
1
$283,564.00
$283,564.00
Regional
MDFR
Equipment
Equipment
Fire Rescue
2018-151
Upgrade to Existing Network
Switch/Gateway (CST)
O6CP-02-BRDG
1
$150,000.00
$148,284.00
Sunrise
Equipment
Equipment
Law Enforcement
2018-15K
General Dynamic ES2440 Infrastructure
Wireless Mesh Point
06CP-02-BRDG
4
$23,280.00
$93,120.00
5
Exhibit A
Jurisdiction
R
Procurement t
Category
Sub -Category
Olsdpline
Line Item #
Detailed Item Description
AEL #
Qty
Unit Cost
Current Budget
Sunrise
Equipment
Equipment
Fire Rescue
2018-07B
Card Access Control Equipment
14SW-01-PACS
1
$31,039.00
$31,039.00
Total
S5,7O0,0OO.O0
6
EXHIBIT B
Convergint Technologies, LLC's Proposal
5
Convergjnt
TECHNOL,O;'Q ES
Making a Daily Difference
November 13, 2019
EXHIBIT B
3102 Commerce Parkway, Miramar, Florida 33025
Phone 954-364-3993 Mobile 786-637-8467
phil.cerber@convergint.com
Village of Key Biscayne Quotation: PCO2234844P
Key Biscayne Fire Rescue Department RFP#:
560 Crandon Blvd Key Biscayne, Florida 33149 License/Cert EF20001417
Attention: Marcos Osorio
Reference: VKB Fire Rescue cameras and Access Control
On behalf of our thousands of global colleagues, I want to personally thank you for considering
Convergint Technologies for this project and for providing us with the opportunity to present this
proposal addressing your electronic security needs. We are confident that this proven solution is both
comprehensive and customized to meet your needs today and in the years ahead.
Convergint has developed a strong reputation for service excellence and is the only company
recognized twice as the Systems Integrator of the Year by SDM Magazine. Most recently, Convergint
was ranked the 4th largest global systems integrator. This recognition is, in part, a reflection of the
strong relationships Convergint has developed with the industry's top technology manufacturers.
Convergint Technologies has a strong history of success with similar solutions provided to other clients
and would be happy to provide these references upon request.
Our guiding principal has always been to be a customer -focused and service -based company, supported
by dedicated and certified professionals who strive to make a daily difference. Our vision of becoming
our customers' best service provider is what drives everything we do. After achieving a successful on -
time and on -budget project installation, Convergint will provide you with the industry's best on -going
service. This service includes our 24/7 customer portal (iCare), designed to track service work orders,
project progress, and provide you with detailed metric reporting for continuous improvement.
The following security proposal is specifically designed to meet your needs. As your single point of contact,
please feel free to contact me with any additional questions you may have. Thank you again for considering
Convergint Technologies as your partner for your electronic security needs.
UNITED STATES • CANADA • ASIA PACIFIC • EUROPE
EXHIBIT B
Clarifications and Exclusion
1. All work proposed herein, shall be performed during normal business hours Monday through
Friday 8:00 am - 5:00 pm.
2. Low voltage wiring shall be installed via open air code approved methods.
3. Provision or installation of conduit, wire, boxes, fittings or other electrical installation materials
unless specifically listed under Inclusions or Bill of Materials.
4. Permits or associated fees are not included.
5. Customer to provide static IP addresses and network connections at panel locations.
6. Customer to provide a secured staging & storage area for project related materials.
7. Pricing assumes that electronic Auto CAD files are available from customer for our use in creating
submittal drawings.
8. Twenty -Five percent (25%) of the proposed sell price shall be payable to Convergint
Technologies for project mobilization. Mobilization shall be invoiced and due upon customer
acceptance of this proposal.
9. Proposal does not include sales tax unless otherwise noted.
10. Anything in the Contract Documents notwithstanding, in no event shall either Contractor or
Subcontractor be liable for special, indirect, incidental or consequential damages, including
commercial loss, loss of use, or lost profits, even if either party has been advised of the
possibility of such damages.
11. Convergint Technologies reserves the right to negotiate mutually acceptable contract terms and
conditions with customer by making mutually agreeable changes to the formal contract included
in the Bid Documents.
EXHIBIT B
Performance Items
1
Applicable Taxes
Fire Stopping (Excludes Existing Penetrations)
Installation of Network Cabling to Card Readers
Installation of Wire and Cable
Mounting/Termination of Proposed Devices
Project Management
System Programming
Wire
Items
Included
Electrified Door Locking Hardware
Installation of CCTV Cameras
Installation of Network Cabling to IP Cameras
Loading Software on Customer Provided Computer
Owner to Provide Static IP Addresses
Servers by Others
Termination of Control Equipment Enclosures
Workstations by Others
1
Items Excluded
1
120 VAC Power and Fused Disconnect Switch
Additional Lighting Requirements for Cameras
Attend Owner Project Meetings
Cable
Connection to Building Fire Alarm Panel
Door wiring typical connections
Engineering and Drawings
FA Permit and Plan Review Fees
Floor Coverings for Lifts
Freight (prepaid)
Installation of Bridle Rings
Installation of Control Equipment Enclosures
Installation of Intercom Systems
Installation of Low Voltage Wire
Installation of Specialty Backboxes
Installation of Video Recorders (DVR/NVR)
Lifts
Material (listed in the BOM)
One -Year Warranty on Labor
Operations & Maintenance Manuals
Owner Training
Panel wiring point with to point connections
Payment & Performance Bonds
Riser drawing with home run wiring
Specialty Backboxes
System Engineering
System Meets Plans/Drawings
Testing of all Proposed Devices
Workstations by Convergint
120 VAC Power Receptacles
Attend General Contractor Project Meetings
Authority having Jurisdiction permit drawing (requires
customer CAD)
Ceiling Tiles and Ceiling Grid Repairs
Correction of Wiring Faults Caused by Others
Electrical Installation Permit
Equipment rack layout drawing
Fire Watch
Floor plan with device placement and numbering
(requires customer CAD)
Horizontal Core Drilling
Installation of Conduit, Boxes and Fittings
Installation of Control Panels
Installation of Intrusion Panels
Installation of Network Cabling to IP Intercoms
Installation of Terminal Cabinets
Installation of Wire Hangars
Low Voltage Permits
On -Site Lockable Storage Facility
One -Year Warranty on Parts
Owner to Provide DHCP Lease Reservations for
Network Connected Devices
Panel Wall Elevation drawing (may require customer
CAD)
Patch and Paint
Record Documentation (As -Built)
Servers by Convergint
Submittal Drawings
System is Design -Build
Terminal Cabinets
Vertical Core Drilling
EXHIBIT B
Total Project Investment: $ 17,772.59
Thank you for considering Convergint Technologies for your Security needs. If you have any questions
or would like additional information, please don't hesitate to contact me immediately. If you would
like to proceed with the scope of work as outlined in this proposal, please sign below and return to my
attention.
Sincerely,
Phil Cerber
Convergint Technologies
Phil Cerber
By signing below, I accept this proposal and agree to the Terms and Conditions contained herein
Marcos Osorio
November 13, 2019
Customer Name (Printed) Date
Authorized Signature
N\ J Title
3 c57°
Co nvergint Technologies' Install Terms & Conditions EXHIB
Throughout t this Installation Proposal, the term, "Convergent" refers to the Convergint "Technologies'
affiliate operating in the state/province in which the work is being performed, specifically, "Convergint
Technologies LLC" or "Convergint Technologies LTD".
SECTION I. THE WORK
This Installation Proposal takes precedence over and supersedes any and all prior proposals,
correspondence, and oral agreements or representations relating to the work set forth in the attached
scope of work ("Work"). This Installation Proposal commences on thc Start Date as specified in the
attached scope of work, and represents the entire agreement between Convcrgint and Customer (the
"Agreement") and it may only be amended by a written document signed by both Convergint and
Customer. In the event any provision of this Agreement is held to be invalid or unenforceable, the
remaining provisions ofthis Agreement shall remain in full force.
Convergint agrees in accordance with the mutually agreed project schedule:
a. To submit shop drawings, product data, samples and similar submittals if required in
performing the Work;
b. To pay for all labor, materials, equipment, tools, supervision, programming, testing, startup
and documentation required to perform the Work in accordance with the Agreement;
c. Secure and pay for permits and governmental fees, licenses and inspections necessary for
proper execution and completion of the Work; and
d. Hire subcontractors and order material to perform part of thc Work, if necessary, while
remaining responsible for the completion of the Work.
Customer agrees in accordance with the mutually agreed project schedule, and at no cost to
Convergint:
a, To promptly approve submittals provided by Convergint;
b. To provide access to all areas of the facility which arc necessary to complete the
Work;
c. To supply suitable electrical service as required by Convergint; and
d. That in the event of any emergency or systems failure, reasonable safety precautions
will be taken by Customer to protect life and property during the period of time from
when Convergint is first notified of the emergency or failure and until such time that
Convergint notifies the Customcr that the systems arc operational or that the
emergency has cleared
SECTION 2. PRICING
Pricing and amounts proposed shall remain valid for 30 days unless otherwise specified. Price includes
only the material listed based on Convergint's interpretation of plans and specifications unless noted
otherwise, Additional equipment, unless negotiated prior to order placement, will be billed
accordingly. Sales taxes, (and in Canada GST/PST) and any other taxes assessed on Customer shall
be added to the price upon invoice to Customer.
SECTION 3. INVOICE REMITTANCE AND PAYMENT
Customer agrees to pay Convergint twenty-five (25%) percent of the total price as a mobilization fee
at the time of executing this Agreement
If the Work is performed over more than a month, Convergint will invoice Customer each month for
the Work performed during the previous month. Customer agrees to pay the amount due to Convergent
as invoiced, within thirty (30) days of the date of such invoice, If the Work is completed in less than
one month, Customer agrees to pay Convergint in full after the Work has been performed within thirty
(30) days of the date of being invoiced. Invoices shall not include or be subject to a project retention
percentage. If Customer is overdue in any payment to Convergint, Convergint shall be entitled to
suspend the Work until paid, and charge Customer an interest rate 1 and 1/2% percent per month, (or
the maximum rate permitted by law), end may avail itself of any other legal or equitable remedy.
Customer shall reimburse Convergint costs incurred in collecting any amounts that become overdue,
including attorney fees, court costs and any other reasonable expenditure.
SECTION 9. WARRANTY
Convergint provides the following warranty to the Customer: -
For the period of one (1) year, commencing at the earlier or substantial completion of the Work, or
first beneficial use, ("Warranty Period"):
a. That Work performed under this Agreement will be of good quality;
b. That all equipment will be new unless otherwise required or permitted by this
Agreement;
c. That the Work will be free from defects not inherent in the quality required or permitted;
and
d, That the Work will conform to the requirements of this Agreement.
The Customer's sole remedy for any breach of this warranty is that Convcrgint shall remove, replace
and/or repair at its own expense any defective or improper Work, discovered within the Warranty
Period, provided Convergint is notified in writing of any defect within the Warranty Period.
Any equipment or products installed by Convergint in the course of performing the Work hereunder
shall only carry such warranty as is provided by the manufacturer thereof, which Convergint hereby
assigns to Customer without recourse to Convergent. Upon request of Customer, Convergint will use
all reasonable efforts to assist Customer in enforcing any such third party warantics. This warranty
excludes remedy for damage or defect caused by abuse, modifications not executed by Convergint,
improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.
NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH
RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER THiS AGREEMENT, AND
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE ARE EXPRESSLY DISCLAIMED.
SECTIONS. CHANGES
Without invalidating this Agreement or any bond given hereunder, Customer or Convergint may
request changes in the Work. Any changes to the Work and any adjustment to the Agreement Price or
the time for completion of the Work shall be in writing signed by both Customer and Convergint If
Customer orders any additional work or causes any material interference with Convergint's
performance of the Work, Convergint shall be entitled to an equitable adjustment in the time for
performance and in the Agreement Price, including a reasonable allowance for overhead and profit
SECTION 6. FORCE MAJEURE
Neither Customer nor Convergint shall be responsible or liable for, shall incur expense for, or be
deemed to be in breach of this Agreement because of any delay in the performance of their respective
obligations pursuant to this Agreement due solely to circumstances beyond their reasonable control
("Force Majeure") and without the fault or negligence of the party experiencing such delay, provided
that the party experiencing the delay shall promptly give written notification to the other party within
five (5) days after such party has learned of the Force Majeure. A Force Majeure event shall include,
Convergint Technologies' Install Terms & Conditions
IT B Version 1.09 April 2017
but not be limitcd to: accident, fire, storm, water, flooding, negligence, vandalism, power failure,
installation of incompatible equipment, improper operating procedures, source current fluctuations or
lighting. If performance by either party is delayed due to Force Majeure, the time for that performance
shall be extended for a period of time reasonably necessary to overcome the effect of the delay, Any
Services required by Convergint due to reasons set forth in this Force Majeure Section shall be charged
to Customer in addition to any amounts due under this Agreement.
SECTION 7. INSURANCE
Convergint shall have the following insurance coverage during the tens of this Agreement, and
shall provide certificates of insurance to the Customer prior to beginning work hereunder
. Worker's Compensation Statutory Limits
Employer's Liability $1,000,000 per occurrence /aggregate
Commercial General Liability $1,000,000 per occurrence/aggregate
S2,000,000 general aggregate
Automobile Liability $1,000,000per occurrence/aggregate
Excess/Umbrella Liability 54,000,000 per occurrence/aggregate
All insurance policies carried by Convergint hereunder shall be primary to and noncontributory with
the insurance afforded to Customer, and shall name the Customer as "additional insured", with respect
to liability arising out of work performed by Convergint, as applicable, but only to the extent of
liabilities falling within the indemnity obligations of Convergint, pursuant to the terms of this
Agreement. Convergint shall provide to the Customer no less than thirty (30) days notice prior lu the
termination or cancellation of any such insurance policy.
SECTION 8. INDEMNIFICATION
Convergint shall indemnify and hold Customer harmless from and against claims, damages, losses and
expenses, (including, but not limited to, reasonable attomey's fees), attributable to bodily injury,
sickness, disease or death, or to destruction of tangible property, but only to the extent caused by: a) the
negligent or willful acts or omissions of Convergint or Convergint's employees or subcontractors while
on Customer's site, or b) the malfunction of the equipment supplied by Convergint, or c) Convergint's
breach ofthis Agreement.
IN NO EVENT SHALL EITHER CONVERGiNT OR CUSTOMER BE LIABLE TO THE OTHER
PARTY HERETO FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, EVEN IF
THAT PARTY HAS BEEN ADVISED OF THE POSSiBILTY OF SUCH DAMAGES. M NO
EVENT WILL CONVERGENT BE LIABLE TO CUSTOMER FOR ANY AMOUNTS IN EXCESS
OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGiNT.
It is understood and agreed by the parties hereto that Convergint is or may be providing
monitoring and or intrusion products which are designed to provide notification of certain events
but are not intended to be guarantees or insurers against any acts for which they are supposed to
monitor or inform. As required by the monitoring and intrusion industry and the manufacturers
thereof, Convergint's indemnification obligation pursuant to Section 8 herein, does not apply to
the extent the loss indemnified against is caused by any monitoring or intrusion product or
sofhvare provided by but not manufactured by Convergint. Convergint shall have no liability to
Customer for any losses to the extent such losses are caused by the monitoring or intrusion product
or software. Customer shall indemnify, defend, and hold harmless Convergint, from and against
all claims, lawsuits, damages, losses and expenses by persons not a party to this Agreement, but
only to the extent caused by such monitoring or intrusion product or software provided by but not
manufactured by Convergint.
SECTION 9. COMPLIANCE WiTH LAW, EEO & SAFETY
This Agreement shall be governed and construed in accordance with the laws of the state/province in
which the Work is being performed: Convergint agrees to comply with all laws and regulations relating
to or governing the Work Convergint agrees to comply with all reporting requirements unposed by
law or this Agreement Convergint shall comply with all safely related laws and regulations and with
the safety program of the Customer, provided such program is supplied to Convergint prior to
beginning work.
In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe
working conditions at Customer's facility where the Work is to be performed, Convergent is entitled to
stop the Work at that facility if such hazardous materials, or unsafe working conditions were not
provided by or caused by Convergint. Convergint in its sole discretion shall determine when it is "safe"
to return to perform the Work at Customer's facility. Convergint shall have no responsibility for the
discovery, presence, handling, removing or disposal of or exposure of persons to hazardous materials
in any form at the Customer's facility. Customer shall indemnify and hold harmless Convergint from
and against claims, damages, losses and expenses, including but not limited to, reasonable attomey's
fees, arising out of or resulting from undisclosed hazardous materials, or unsafe working conditions at
Customer's facility.
SECTION 10. DISPUTES
In the event of any dispute between Convergint and Customer, Convergint and Customer shall first
attempt to resolve the dispute in the field, but if that is not successful, Then in a meeting between
authorized officers of each company. If settlement attempts are not successful, then the dispute shall be
subject to and decided by mediation or arbitration. Such mediation or arbitration shall be conducted in
accordance with the Construction industry Mediation or Arbitration Rules of the American Arbitration
Association currently in effect and shall be a final binding resolution of the issues presented between
the parties.
SECTION 1l. MISCELLANEOUS
Neither party to this Agreement shall assign this Agreement without the prior written consent of the
other party hereto. Convergint may assign this Agreement to any of its parents, subsidiary or affiliated
companies or any entity majority owned by Convergint.
Notices shall be in writing and addressed to the other party, in accordance with the names and addresses
of the parties as shown above, All notices shall be effective upon receipt by the party to whom the
notice was sent
A waiver of the terns hereunder by one patty to the other party shall not be effective unless in writing
and signed by a person with authority to commit the Customer or Convergint and delivered to the non -
waiving party according to the notice provision herein, No waiver by Customer or Convergint shall
operate as a condrtnous waiver, unless the written waiver specifically states that it is a continuous
waiver of the terms stated in that waiver. ,
The Sections regarding invoicing, warranty and indemnity shall survive the termination or this
Agreement.
Version 1.09 April 2017