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HomeMy WebLinkAbout23579AGREEMENT INFORMATION AGREEMENT NUMBER 23579 NAME/TYPE OF AGREEMENT MIAMI-DADE COUNTY DESCRIPTION MEMORANDUM OF AGREEMENT/URBAN AREA SECURITY INITIATIVE FY 2020/FILE ID: 8649/R-21-0142/MATTER ID: 21- 1915/#82 EFFECTIVE DATE August 23, 2021 ATTESTED BY TODD B. HANNON ATTESTED DATE 8/25/2021 DATE RECEIVED FROM ISSUING DEPT. 8/27/2021 NOTE 'y °F CITY OF MIAMI chi DOCUMENT ROUTING FORM !+,leuv lalne,xl '•�. O R 1 /� ORIGINATING DEPARTMENT: Fire -Rescue _ DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "Miami -Dade County" IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES X NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT PROFESSIONAL SERVICES AGREEMENT X GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY: Memorandum of Agreement ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): To execute FY 2020 Urban Area Security Initiative ("UASI") — Memorandum of Agreement ("MOA"). COMMISSION APPROVAL DATE: 4/8/2021 FILE ID: 8649 ENACTMENT NO.: R-21-0142 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN PRINT: Ty McGann, AFC APPROVAL BY DEPARTMENTAL DIRECTOR 8/17/21 SIGNATURE: JMT—_ PRINT: ANN — MAR,IIESHARPE SUBMITTED TO RISK MANAGEMENT /I'1& SIGNATURE: \ PRINT: VICTORIA MENDEZ SUBMITTED TO CITY ATTORNEY 8/19/21 SIGNATURE: PRINT: APPROVAL BY ASSISTANT CITY MANAGER SIGNATURE: PRINT: ART NO EGA RECEIVED BY CITY MANAGER SIGNATURE. PRINT: _ 1) ONE ORIGINAL TO,ClTY CLERK SIGNATURE: 2) ONE COPY TO CITY ATTORNEftOFFICE; PST: SIGNATURE: 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PRINT' SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER URBAN AREA SECURITY INITIATIVE FY 2020 "Miami -Dade County" Agreement Number:. R0232 FAIN Number: EMW-2020-SS-00035-S01 CFDA *' 97.067 This Agreement is entered into this day of , 2021, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and Miami -Dade County, (the "Participating Agency"). RECITALS WHEREAS, the U.S. Department of Homeland Security (USDHS) is providing financial assistance to the Miami urban area in the amount $14,012,500 dollars through the Urban Area Security Initiative (UASI) Grant Program 2020; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program { 2020; 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, 2020 and 'involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2020 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-21-0142, adopted on April 8, 2021, 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: I. PURPOSE ( A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASf Grant Program 2020 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. H. SCOPE A. The provisions of this Agreement apply to UASi Grant Program 2020 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. Ill. 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 2020: The UASI Grant Program 2020 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 2020 was appropriated by U.S. Congress and is authorized by Public Law 9 08-9 9 , the Emergency Wartime Supplemental Appropriations Act, 2003. The funding will aid in: building an enhanced and sustainable capacity to plan, prevent, protect, mitigate, respond to, and recover from threats .or acts of terrorism for the selected urban areas. D. National Incident Management System (NIMS): This system will provide a consistent nationwide approach for federal, state, and local governments to work effectively and efficiently together to prepare for, respond to, andrecover from domestic incidents, regardless of cause, size, or complexity. To 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. 1V. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the City of Miami Fire -Rescue Department, d_ 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 "Exhibit41". _,) 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 #v. i i 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 #V. D. Complying with all UASI Grant Program 2020 requirements as stipulated in "Exhibit #V. 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-#V. K. Maintaining an equipment inventory of UASI.purchased items, L. Ensure that equipment obtained from the UASI Grant Program 2020, as identified in "Exhibit #2", is readily available for use by personnel trained to use such equipment for actual emergencies, special 4 events or exercises. Also, ensure that such equipment is readily available for onsite monitoring by DHS, FDEM, and the Sponsoring Agency. If the Participating Agency is incapable of staffing the equipment, such equipment shall be made available to another Participating Agency for use during any actual emergencies, special events or exercises. Failure to ensure equipment availability may result in loss of funding and/or equipment to the Participating Agency. M. All equipment obtained from the UASI Grant Program 2020, 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 V. C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel. D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28, Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a municipality, state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement or any other contract. E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency. VII. FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $750,000 or more of. Federal funds during their fiscal year are required to submit an organization -wide financial and compliance audit report. The audit must be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and,2 CFR 200. 5 ( B. The Secretary of Homeland Security and the Comptroller General of the United States shall have access to any books, documents, and records of recipients of UASI Grant Program 2020 assistance for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland Security or the Comptroller General, these documents are related to the receipt or use of such assistance. The grantee will also give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. C. Financial Status Reports are due within 14 days after the end of each calendar quarter. A report must be submitted for.every quarter that the award is active, including partial calendar quarters, as well as for periods where no grant activity occurs as stipulated in "Exhibit 1 ". D. Submit progress reports -to describe progress to date in implementing the grant and its impact on homeland security in the state. E. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties as identified in "Exhibit 2". Vill. CONDITIONS, AMENDMENTS, AND TERMINATION A. The Participating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in full force and effect. C. This Agreement may be terminated by either party on thirty (30) days written notice to the other party at the address furnished by the parties to one another to receive notices under this agreement or if no address is specified, to the address of the parties' signatory executing this contract. D. This Agreement shall be considered the full and complete agreement between the undersigned parties and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except .., for any executory obligations that have not been fulfilled. 6 E. This Agreement will end on June 30, 2022, unless otherwise extended, by a written amendment duly approved and executed prior to June 30, 2022, unless otherwise extended, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's ability to conform to procedures, training and equipment standards as prescribed by the grant. IX. MISCELLANEOUS OVERALL Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: BY' BY: Todd B. Hannon City Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: l3�cy .�. W�f, 6 6 e Victoria Mendez �- City Attorney TMF MID: 21-1915 Arthur Norie City Manager APPROVED AS TO INSURANCE REQUIREMENTS: BY: ifi& Ann -Marie Sharpe, Director Department of Risk Management 7 ATTEST:- Name*mm & PARTICIPATING AGENCY "(sub -recipient)" BY: NAME: JD Patterson TITLE: Chief Public Safety Officer FID DUNS: oo-{ /z4gal7.P APPROVED AS TO FORM AND CORRECTNESS: 8 r MEMORANDUM TO: Honorable Chairman Jose "Pepe" Diaz DATE: and Members, Board of County Commissioners FROM: Geri Bonzon-Keenan SUBJECT: County Attorney Agenda Item No. 8(E)(3) July 20, 2021 Resolution authorizing the County Mayor to apply for, receive, and expend grant funds from the United States Department of Homeland Security ("DHS") and the Florida Division of Emergency Management ("OEM"); authorizing the County Mayor to execute grant agreements and other necessary documents and agreements for receipt and expenditure of such grant funds; authorizing the County Mayor to execute subaward agreements, subrecipient agreements, or other agreements and necessary documents with municipalities for the receipt or award of DHS or OEM grant funds for certain projects identified in the National Preparedness Goal, the Florida Domestic Security Strategic Plan 2021 - 2023, or the Miami -Dade County 2020 Emergency Preparedness Report; authorizing the County Mayor to execute amendments of all such agreements and documents and exercise the provisions set forth therein, provided that the agreements and documents are not amended to alter the purpose or extend the term beyond seven years; and directing the County Mayor to provide reports Resolution No. R-682-21 The accompanying resolution was prepared by the Fire Rescue Department and placed on the agenda at the request of Prime Sponsor Commissioner Sally A. Heyman. _­ AAJIMI_� - Geri Bonzon-Keenan County Attorney GBK/uw Memorandum Date: July 20, 2021 To: Honorable Chairman Jose "Pepe" Diaz and Members, Board of County Commissioners From: Daniella Levine Cava Mayor �+ `1r�t't. ``.s�•t,,.�x., `✓.u.> Subject: Resolution Authorizing the County Mayor to Apply for, Receive, and Expend funding through the United States Department of Homeland Security and Florida Division of Emergency Management Recommendation It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the County Mayor or County Mayor's designee to apply for, receive, and expend grant funds from the United States Department of Homeland Security (DHS) and the Florida Division of Emergency Management (OEM). The Board is further recommended to authorize the County Mayor or County Mayor's designee to execute grant agreements and other necessary documents and agreements for receipt and expenditure of such grant funds. The Board is also recommended to authorize the County Mayor or County Mayor's designee to execute subaward agreements, subrecipient agreements, or other agreements and necessary documents with municipalities in Miami -Dade County for the receipt or award of DHS or OEM grant funds for certain projects identified in the National Preparedness Goal, attached to the resolution as Attachment A, the Florida's Domestic Security Strategic Plan 2021-2023, attached to the resolution as Attachment B, and the Miami -Dade County (MDC) 2020 Emergency Preparedness Report, attached to the resolution as Attachment C. Finally, this resolution authorizes the County Mayor or County Mayor's designee to execute amendments of all such agreements and documents and exercise the provisions set forth therein, provided that the agreements and documents are not amended to alter the purpose or extend the term beyond seven years. Scope This resolution has countywide impact. Delegation of Authority The County Mayor or County Mayor's designee is authorized to apply for, receive, and expend grant funds from DHS or OEM. The County Mayor or Mayor's designee is authorized to execute grant agreements and other necessary documents and agreements for receipt and expenditure of such grant funds as well as subgrant agreements, subrecipient agreements or other agreements with municipalities in Miami -Dade County for the receipt or award of such grant funds for certain projects identified in the National Preparedness Goal, the Florida's Domestic Security Strategic Plan 2021 - 2023, and the Miami -Dade County 2020 Emergency Preparedness Report. The County Mayor or County Mayor's designee is authorized to execute amendments to all such agreements and documents and exercise the provisions set forth therein, provided that such amendments do not alter the purpose of the agreements or documents or extend the term beyond seven years. Fiscal Impact/Funding Source Since FY 2003, Miami -Dade Fire Rescue (MDFR), the Miami -Dade County Office of Emergency Management, and Miami -Dade Police Department (MDPD) have received more than $113 million in federal funds from the DHS, and approximately $33 million in funds from the OEM. Most grants do not require matching fiords. However, the Assistance to Firefighters Grant, Building Resilient 2 Honorable Chairman Jose "Pepe" Diaz and Members, Board of County Commissioners Page No. 2 Infrastructure Communities Grant, Fire Prevention and Safety Grant, Port Security Grant, the Hazardous Mitigation Grant Program, and the Flood Mitigation Assistance Grant require a cost match that varies between 5 and 25 percent of the grant awarded. Track Record/Monitor All grant awards will be tracked and monitored by the MDFR Grants Management Bureau, and MDPD Departmental Services. Background Since 2003, the County has been the recipient of DHS grant funds passed through federal, state and local awards. On September 18, 2007, the Board approved Resolution No. R-1019-07, which authorized the County Mayor to apply for, receive, accept, modify, expend and amend grant funds for Homeland Security Projects. The Homeland Security Grant Program is a primary funding mechanism for building and sustaining national preparedness capabilities. These grants fund a range of preparedness activities, including planning, organization, equipment purchase, training, exercise and management and administrative costs. The core mission of the DHS and OEM for such grant funding is to enhance the ability of state, local, and tribal governments to prepare, prevent, and respond to natural disasters and terrorism The grant awards from the DHS or OEM are used for projects to: (1) Strengthen Miami -Dade County's disaster preparedness, response, recovery, mitigation efforts, and resilience; (2) Strengthen Miami -Dade County against potential domestic security incidents, including, but not limited to, terrorism; and (3) Ready Miami -Dade County, the State of Florida, and the nation for catastrophic disasters. Such projects must be aligned with the goals, objectives, and core capabilities found in the National Preparedness Goal, attached to the resolution and incorporated therein as Attachment A, the Florida Domestic Security Strategic Plan 2021-2023, attached to the resolution and incorporated herein as Attachment B, and the Miami -Dade County 2020 Emergency Preparedness Report, attached to the resolution and incorporated therein as Attachment C. Specifically, DHS funds various grant programs including the following, which have been awarded to the County: the Urban Areas Security Initiative, the Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure Communities Grant, Flood Mitigation Assistance Grant, HMGP Post Fire Grant, Regional Catastrophic Grant Program, Assistance to Firefighter Grants, Fire Prevention & Safety Grants, Staffing for Adequate Fire and Emergency Response Grants, the National Urban Search & Rescue Response System Grants, the Emergency Management Performance Grant, the Port Security Grant Program, the Complex Coordinated Terrorists Attacks Grant, and the Operation Stonegarden Grant Program. Likewise, the County has been awarded the following OEM grants: Hazards Analysis Grant Program, State Homeland Security Grant Program, Citizen Corps Program, and the Citizens Emergency Response Team. Approval of this resolution will streamline the grant application process for various state and federal grants funded by DHS and OEM, respectively. JD Patterson Chief Public Safety Officer 3 ,�- MEMORANDUM (Revised) TO: Honorable Chairman Jose "Pepe" Diaz and Members, Board of County Commissioners FROM: onzon-Keenan County Attorney Please note any items checked. DATE: July 20, 2021 SUBJECT: Agenda Item No. 8(E)(3) "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of social equity required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable Iegislation requires more than a majority vote (i.e., 2/3's present , 2/3 membership , 3/5's , unanimous , CDMP 7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote requirement per 2-116.1(4)(c)(2) __) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required C! Approved Mayor Veto Override RESOLUTION NO. R 682-21 Agenda Item No, 8(E)(3) 7-20-21 RESOLUTION AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO APPLY FOR, RECEIVE, AND EXPEND GRANT FUNDS FROM THE UNITED STATES .DEPARTMENT OF HOMELAND SECURITY ("DHS") AND THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("OEM"); AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE GRANT AGREEMENTS AND OTHER NECESSARY DOCUMENTS AND AGREEMENTS FOR RECEIPT AND EXPENDITURE OF SUCH GRANT FUNDS; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE SUBAWARD AGREEMENTS, SUBRECIPIENT AGREEMENTS, OR OTHER. AGREEMENTS AND NECESSARY DOCUMENTS WITH MUNICIPALITIES FOR THE RECEIPT OR AWARD OF DHS OR OEM GRANT FUNDS FOR CERTAIN PROJECTS IDENTIFIED IN THE NATIONAL PREPAREDNESS GOAL, THE FLORIDA DOMESTIC SECURITY STRATEGIC PLAN 2021 - 2023, OR THE MIAMI- DADE COUNTY 2020 EMERGENCY PREPAREDNESS REPORT; AUTHORIZING . THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE AMENDMENTS OF ALL SUCH AGREEMENTS AND DOCUMENTS AND EXERCISE THE PROVISIONS SET FORTH THEREIN, PROVIDED THAT THE AGREEMENTS AND DOCUMENTS ARE NOT AMENDED TO ALTER THE PURPOSE OR EXTEND THE TERM BEYOND SEVEN YEARS; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO PROVIDE REPORTS WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD .OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: R Agenda Item No. 8(E)(3) Page No. 2 Section 1. Authorizes the County Mayor or the County Mayor's designee to apply for, receive, and expend grant funds from the United States Department of Homeland Security ("DHS") and the Florida Department of Emergency Management ("'OEM"), for projects to: 1. strengthen Miami -Dade County's disaster preparedness, response, recovery, mitigation efforts, and resilience; 2. strengthen Miami -Dade County against potential domestic security incidents, including, but not limited to, terrorism; and 3. ready Miami -Dade County, the State of Florida, and the nation for catastrophic disasters. Such projects must be aligned with the goals, objectives, and core capabilities found in the National Preparedness Goal, attached hereto and incorporated herein as Attachment A, the Florida Domestic Security Strategic Plan 2021-2023, attached hereto and incorporated herein as Attachment B, or the Miami -Dade County 2020 Emergency Preparedness Report, attached hereto and incorporated herein as Attachment C. Section 2. Authorizes the County Mayor or County Mayor's designee to execute grant agreements and other necessary documents and agreements for receipt and expenditure of such grant funds, subject to subsequent approvals by this Board if such agreements or documents propose to commit additional funding from Miami -Dade County and following approval for legal form and sufficiency by the Miami -Dade County Attorney's Office. Such funding approval shall not include in -kind match funding. Section 3. Authorizes the County Mayor or County Mayor's designee to execute subaward agreements, subrecipient agreements, or other agreements and necessary documents with municipalities within Miami -Dade County for the receipt or award of DHS or OEM grant ,A Agenda Item No. 8(E)(3) Page No. 3 funds for certain qualified projects identified in the National Preparedness Goal, the Florida Domestic Security Strategic Plan 2021-2023, or the Miami -Dade County 2020 Emergency Preparedness Report, subject to subsequent approvals by this Board if such agreements or documents propose to commit additional funding from Miami -Dade County and following approval for legal form and sufficiency by the County Attorney's Office. Such funding approval shall not include in -kind match funding. Section 4. Authorizes the County Mayor or County Mayor's designee to execute amendments of all such agreements and documents authorized in sections 2 and 3 above and to exercise the provisions set forth therein, provided that the agreements and documents are not amended to alter the purpose or to extend the term beyond seven years. Section 5. Directs the County Mayor or County Mayor's designee to provide annual reports to this Board of all grants applied for and received pursuant to the authority provided herein. Such reports shall be placed on an agenda of this Board pursuant to Ordinance No. 14-65 no later than January 31, commencing on January 31, 2022. At a minimum, the annual reports should include the following information: (1) the granting agency and grant name; (2) whether there are any subgrantees or subrecipients of the grant and the identity of same; (3) the amount of the grant award; (4) a description of the grant project or program and how the grant funds were expended; (5) the grant term; (6) the departments or entities involved in the grant project or program; (7) any provision of in -kind services; and (8) match funds that received prior Board approval. 7 Agenda Item No. 8(E)(3) Page No. 4 The foregoing resolution was offered by Commissioner Sally A. Heyman who moved its adoption. The motion was seconded by Commissioner Kionne L. McGhee and upon being put to a vote, the vote was as follows: Jose "Pepe" Diaz, Chairman aye Oliver G. Gilbert, III, Vice -Chairman aye Sen. Rene Garcia aye Keon Hardemon aye Sally A. Heyman aye Danielle Cohen Higgins aye Eileen Higgins aye Joe A. Martinez aye Kionne L. McGhee aye Jean Monestime aye Raquel A. Regalado aye Rebeca Sosa aye Sen. Javier D. Souto aye The Chairperson thereupon declared this resolution duly passed and adopted this 201h day of July, 2021. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with the Clerk of the Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF "o M ryes COUNTY COMMISSIONERS 19 z `COUNTY Z, HARVEY RUVIN, CLERK a� 6 *t*. Melissa Adames By: Deputy Clerk Approved by County Attorney as to form and legal sufficiency. Shanika A. Graves Contract Number: R0232 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 °s 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 (FAIN): Federal Award Dale: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass -through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub -Recipient by the pass -through entity: Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass -through entity: Contact Information for the pass -through entity: Catalog of Federal Domestic Assistance (CDFA Number and Name Whether the award is R&D: Indirect cost rate for the Federal award: City of Miami Fire Rescue 072220791 EMN/-2020-SS-00035-S01 9/1/2020 — 08131/2023__ DOE — 12/31/2022 $14,012,500.00 $18,179,804.42 $14,012,500.00 See Article 1, Agreement Articles: Dent. of Homeland Security FL. Division of Emergency Mgmt, 2555 Shumard Oak uleg_ vard_ Tallahassee. Florida 32399__ _ 97.067-Homeland Security _ Grant Prcaram NO (NIA) 34.50°% THiS AGREEMENT Is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Miamt Fire Rescue, (hereinafter referred to as the "Sub -Recipient"), For the purposes of this Agreement, the Division serves as the pass -through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services Identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below, and, C. The Division has statutor/ authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award In accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215,971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes; I. A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. i ii. A provision dividing the agreement Into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specifil the required minimum level of service to be performed r and the criteria for evaluating the successful completion of each deliverable. Ill. A provision specifying the financial consequences that apply it the Sub - Recipient falls to perform the minimum level of service required by the agreement. j iv. A provision specifying that the Sub-Reclpient may expend funds only for '. allowable costs resulting from obligations incurred during the specified agreement period. I v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 2 vl, A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. in addition to the foregoing, the Sub -Recipient and the Division shall be governed by j all. applicable State and Federal laws, rules and regulations, including those identified in Attachment D. j Any express reference in this Agreement to a particular statute, rule, or regulation in no way Implies that no other statute, rule, or regulation applies, (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreements terms and conditions and ! i shall serve as the Division's liaison with the Sub -Recipient As part of his/her duties, the Grant Manager I for the Division shaft: f. 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: Kiz2y K. Caban 2555 Shumard Oak Boulevard Tallahassee. Elorida 32399 Telephone: (850) 815-4348 Email,, Klzzy Caban cni em mvflorfda com c. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement Is: Chief Robert Havla 444 SW 2nd Avenue, 10th FI Mlam; FL 33130 Telephone: 305-569-5402 Fax; 305-569-4070 Email: Rob.Hevia@mlamlgov.com d. in the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 3 (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 as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement, Changes which are agreed upon shalt be valid only when In writJng, signed by each of the parties, and attached to the original of this Agreement, (7) SCOPE OF WORK, The Sub -Recipient shall perform the work In accordance with the Budget arid Scope of Work, Attachments A and B of this Agreement. (8) PERIOD OF AGREEMENT, This Agreement shall begin on upon execution by the parties and will end December 31, 2022 unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of 'period of performance" contained in 2 C,F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under' this Agreement. in accordance with 2 C.F.R. §200,309, the Sub -Recipient may receive reltibursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215,971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations Incurred during" the period of agreement. (9) FUNDING a, This is a cost -reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement Is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient onfy for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and B of this Agreement {"Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $14,012,600.00, d. As required by 2 C.F.R. §200,415(a), any request for payment under this Agreement must include a certification, signed by an official who Is authorized to legally bind the Sub-Regiolenf, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report its true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth In the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, M q..ri,�c..,r.••^-•I4;+I..w4mvlltN"1Mf.9J�!EVM?;Ne+FYtdilkr.a�Avr.,d..r,..s ..:v:ae,....: ,. civil or administrative penalties for fraud, false statements, false claims or otherwise. (US, Code Title Is, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment B, that clearly delineates: 1. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal', which Is defined In 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub-Rec(plent "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 (°Compensation —personal services") and 2 C.F.R. §200.431 ("Compensation —fringe benefits"), If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work Is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. 9207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employee's to their employees as compensation in addition to regular salaries and wades." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Rectplent-employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met; 1. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, Ill. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees, h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200,474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance whim section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), 5 —•+v:at::�M*.!�Ni:.}Jy!i+:tY:?SL:r.3�(=F.5�:f1(G•erAm'?Rf..S'-.r.F��sl_;:n.:.•.-s....:...........,,........_.,..;:,r,. Yd Yrl?f7ih.!!NEL"YiT3F.'!u.1:Gc*!-z:S�;<.u,:;...rt:.rr'i.....a..._. .. .._....._ r r�:•.•-: ... • ... ..... =•riN'� TiFr7�vi.o''P.Ta-lS9-} Florida Statutes ($6 for breakfast, $11 for lunch, and $18 for dinner), then the Sub -Recipient must provide documentation that: i 1. The costs are reasonable and do not exceed charges normally allowed by i the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, 11, Participation of the individual In the travel Is necessary to the Federal award. ! is 1. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period i and produce a final reconciliation report. The final report must Identify any funds paid In excess of the expenditures incurred by the Sub -Recipient. j. As defined by 2 C.F.R. §200,53, the term "improper payment" means or Includes: 1. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, 11. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized.by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. k. Any advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. The amount of advanced funds may not exceed the expected cash needs of Sub - recipient within the first (90) days of the term of this Agreement. If an advance payment is requested, the budget data on which the request is based, and a Justification statement shall be included with this Agreement as indicated In Attachment E, Justification of Advance Payment. Attachment E must specify the amount of advance disbursement requested and provide an explanation of the necessity for and proposed use cf the fiords. (10)RECORD a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right Of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access Is not limited to the requires! retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. 6 ... ._ .• Jr9i:5LSz�i=1E3sYn.'?iuL rk�-:�c-r=•�:•J:Yn4S-s?iil:.i�Y.b:.,ers���.,. � n_. -,.;. --..- .... _ .-_' .__._. _.. .... �.nx _....�..:• .. .. .. ............. . ... ♦ n:: ieiCr,�,:�.v: iriir7e?��.irt'ii!+i[Y,ri:l.n.v ..; N«a .., .. . � -,zc3�ir3}'_ The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents, c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub-Reciplent shall retain sufficient records to show Its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: i, If any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii, When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through entity to extend the retention period. M. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 5-year retention requirement is not applicable to the Sub -Recipient. v, Records for program income transactions after the period of performance. In some cases, recipients must report program Income after the period of performance. Where there Is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the and of the non -Federal entity's fiscal year in which the program income is earned. vi, Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C. F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when It determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement Information to and from the Sub•Reciplent upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there Is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control revievis, provide reasonable safeguards against alteration, and remain readable. 7 f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding r� agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality, i g. Florida's Government In the Sunshine Law (Section 286.011, Florida Statutes) i provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) 1 reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded, The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on 1 behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment f purchased with public funds, then the Government in the Sunshine Law applies to board of directors for �I that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee matting recommendations to tfte 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 stats and local governments as well as to private entities acting an 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 frorn funds provided under this Agreement, including documentation or all program costs, in a form sufficient to determine compliance with the requirements 8 and objectives of the Budget and Scope of Work - Attachment A and B - and all other applicable laws and regulations. iF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTYTO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4155, Records@em.myf(orida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AIJOITS 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 (GASS) 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. e. The Sub -Recipient shall have all audits completed by an Independent auditor, which is defined in section 215.97(2)(1), 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-Reciplent's fiscal year. f. The Sub -Recipient shall send coples of reporting packages for audits conducted in accordance with 2 G.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: Dt-:MSingleAudit@em,myfladda.com 0 Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 9 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.censtis.ciov/fac/collecttddein dex.hlm l h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DENISingleAu(iit@em.myfloride.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2-100 (12) REAO RTS 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 close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The close-out report is due 60 days after termination of this Agreement or 30 days after completion of the activities contained in this Agreement, whichever first occurs. d, if 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 addltional program updates or information that may be required by the Division. The Sub -Recipient shall provide additional reports and information identified in Attachment B. (13)MOINITORING. a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity In Attachment B to this Agreement and reported In the quarterly report, 10 1 i b. In addition to reviews of audits, monitoring procedures may include, but not be limited i to, On -site visits i:y Division staff, limited scope audits, andlor other procedures. The Sub-Reciplent agrees to comply and cooperate with any monitoring procedureslprocesses deemed appropriate by the Division. to the avent chat they Division datennines that a limited scope audit of the Sub -Recipient is appropriate, the Sub-Reciplent agrees to comply with any additional instructions provided by the Division 4 to the SW -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 Ghief Financial Officer or Auditor General, to addition, the Divlslon will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure thnely completion of all tasks. (14)LIAB i'i-Y a. Unless Sub-Reciplent is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deal.s with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties erlsing 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 tortlous acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth In Section 768,28, Florida Statutes, Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by estate agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (1 b)DEFAULT If any of tha following everits 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 maO 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 to 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; 11 b. Material adverse changes occur in the financial condition of the Sub-Reciplent at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with 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. (M)REMEDIES If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub -Recipient and upon the Sub-Reciplents failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-retum receipt requested, to the address in paragraph (3) hereitm; 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: L Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, it. Issue a written tivarning to advise that more serious measures may be taken i if the sltuatiorl is not corrected, Ili.. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. The Division may Administratively close an Agreement. The Division may use the administrative close-out process when a Sub -Recipient is not responsive to reasonable efforts to collect required reports needed to complete, the standard close-out process. The Division will make three written attempts to collect required reports before initiating administrative close-out In addition, if an agreement Is administratively closed, the Division may decide to Impose remedies for noncompliance per 2 C.F.R. § 200.338, consider this information In reviewing future award applications, or apply special conditions to existing or future awards. If the Division needs to administratively close an agreement, this may negatively impact a Sub -Recipient's ability to obtain future funding. 12 g. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies In this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Reciplent, 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)TERMI NATION a. The Division may terminate this Agreement for cause after thirty days (30) written notice. Cause can Include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Reciplent to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 110, 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 woutd not produce beneficial results in line with the further expenditure of funds, by providing tha Sub -Recipient with thirty calendar days prior written notice. a Tire 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 poiton of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstand!ng obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Reciplent shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18)PROCUREMENT 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 Z C.F.R. §§200.318 through 200.326 as well as Appendix 11 to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Fruity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200,318(i), 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(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform In accordance with the terms, conditions, and specifications of their contracts or purchase orders," in order to demonstrate compliance with this requirement, the Sub- 13 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 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 solicitation (whether competitive or non-competitive) at least tan (10) days prior to the publication or communication of the solicitatioh. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within seven (7) business days. Consistent with 2 C.F.R. §200.324, 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 11 to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §2.00,318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to ldenUi deficiencies In the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the seven (7) business day window outlined above. if the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation Is deficient, then the Division may: 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 solicitation. e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or Procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Reciplent chooses to subcontract any of the work required under this Agreement, then the Sub-Reclpient shall forward to the Division a copy of any contemplated contract prior to contract execution, The Division shall review the unexecuted contract and provide comments, if any, to the Sub-Reciplent within seven (7) 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 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 -Recipient. While the Sub-Reciplent does not need the approval of the Dbifsion 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, 14 and agreement terms, if during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Reciplent as quickly as possible within the seven (7) 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, ; V. Refuse to reimburse the Stib-Recipient for any costs associated with that subcontract. f. The Sub -Recipient agrees to include In the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (11) the subcontractor is bound by ail applicable state and federal laws and regulations, and (ill) 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, effected g. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts," h. As required by 2 C.F.R. §200,319(a) contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing fcr such procurements. The Sub -Recipient or pass-thru entity must disclose to the Division, in writing, any real or potential conflict of interest that may arise during the administration of the federal award, as defined by federal statutes or regulations, or their own existing policies, within five (5) days of learning of the conflict of interest, "Conflict of interest" is considered as any situation where an employee, officer, or agent, any members of his or her immediate family, or his or her partner has a close personal relationship, business relationship, or professional reiaffonship, with a recipient orsubreciplent. I. As required by 2 C.F.R. §200,319(a), the Sub-Reciplent shall conduct any procurement under this agreement "In a manner providing full and open competition." Accordingly, the Sub -Recipient shall not; business; companies; contracts; equivalent; 1. Place unreasonable requirements on firms in order for them to qualify to do II. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated iv. Execute noncompetitive contracts to consultants that are on retainer v. Authorize, condone, or ignore organlzational conflicts of interest; vi, Specify only a brand name product without allowing vendors to offer an 15 vii. Specify a brand name product Instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, Ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, Invitation to bid, or request for proposals. J. "(Ejxcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. k. The Sub -Recipient shall conduct any procurement involving invitations to bid (Le. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. I. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) In accordance with 2 C.F.R. §200.320(d) as well as section 287,057(1)(b), Florida Statutes. m. For each subcontract, the Sub -Recipient shall provide Information to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 286.703, Florida Statutes on the required Procurement Method Report (Form 5). Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.32•i ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms7. n. FEMA has developed helpful resources for Sub -Recipients using federal grant funds for procurements. These resources are generally available at https:llw&w.fema,govlprocurement- disaster-assistance-team. FEMA periodically updates this resource page so please check back for the latest information. While not all the provisions discussed In the resources are applicable to this subgrant agreement, the Sub-Reclpient may find these resources helpful when drafting its solicitation and contract for compliance with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix 11 to 2 C.F.R. Part 200, FEN1A provides the following hands-on resources for Sub - Recipients of federal funding: 1. 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available of httos:11wxw.fern a.aov/media-library-datall569959172327- 92358d63e00d17639d5db4de01518429/PDAT ProcurementChecklist 11-21-2018.pdf it. 2019 PDAT Contract Provisions Template available at httns:llwwwv,fema.gov/mgdia- lib rare-data/1669960119092- 92358d63e00d17639d5db4de015184c9/PDAT ContractProvislonsTemolate %30-19.pdf (19)ATTACHMENTS AND EXHIBITS a. All attachments to this Agreement are Incorporated as If set out fully, 16 b. in the event of any inconsistencies or confllct 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 il. Attachment'A— Program Budget ill. 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 vik. Attachment F — Warranties and Representations viki. Attachment G"— Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion ix, Attachment H — Statement of Assurances x, Attachment I — Mandatory Contract Provisions A. Attachment J — Financial and Program Monitoring Guidelines xll. Attachment K — EHP Guidelines xiii. Attachment L — Reimbursement Checklist xiv. Attachment M — Certification Regarding Lobbying xv. Attachment art — Reporting Forms (20)PA`/�P ,1 FNTS a, if the necessary funds are not avallable 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. . b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty (30) days afterthe expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly Invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c, Any advance payment under this Agreement is subject to 2 C.F.R. §200,305 and, as applicable, section 216.181(16), Florida Statutes. All requests for advance payments will be reviewed and considered on a case by case basis. Ali advances are required to be held in an Interest -bearing account. If an advance payment is requested, the budget data on which the request is based, and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these 17 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. (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 Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft Is returned to the Division for collection, Sub-Reciplent shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS. a. The validity of this Agreement is subject to the'truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient In this Agreement, in any later submission or response to a Division request, or in any submission or response -to fulfill the requirements of this Agreement. Ail of said information, representations, and materials are incorporated by reference. The Inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub-Reciplent, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. if any provision of this Agreement is In conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not Invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division tinder the terms of this Agreement shall survive the term of this Agreement. d, The Sub -Recipient agrees to comply with the Amedcans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 at se . , which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discrfminatoiy vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the Is construction or repair of a public 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 a public 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 or on the discriminatory vendor list, f, Any Sub -Recipient which is not a local government or state ardency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; il. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfonnning a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; M. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. U. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub-Recfpient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h, in addition, the Sub -Recipient strati 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-Reclpient enters Into a contract with any subcontractor. I. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. j. if the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) (Section 274A(s) of the Immigration and Nationality Act 19 ('INA')I, 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 contalned in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or Improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. M. Unless preempted by federal law, the Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287,135(5), F,S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged In business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23)LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 21 B.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 malting of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. H. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In 20 connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." ill, The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering Into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, V. if this subgrant agreement amount is $100,000 or more, the Sub -Recipient, and subcontractors, as applicable, shall sign Attachment M — Certification Regarding Lobbying. (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AMC) ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. if the Sub -Recipient has a pre-exlsting patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or Invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection In Its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall nofify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-exlsting intellectual property which is disclosed. Failure to disclose will Indicate that no such property exists. The Division shall then, under paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement, d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- 21 Recipient shall become the sole property of the Sub -Recipient. In the case of joint Inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in. and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully. paid, nonexclusive license, for its use and the use of its contractor's of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recip€ent, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub - Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub - Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C,F,R. §60-1,4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or In part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, Insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take aff€rmabve action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender Identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. li. The contractor will, In all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin, M. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or +01W applicant. This provision shall not apply to Instances in which an employee who has access to the compensation information of other j employees or applicants as a part of such employee's essential job i functions discloses the compensation of such other employees or i applicants to individuals who do not otherwise have access to such ! information, unless such disclosure Js in response to a formal complaint I or charge, in furtherance of an Investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is I consistent with the contractor's legal duty to furnish Information. • iv. The contractor will send to each labor union or representative of i workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 1 `1246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, vl. The contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of tabor for purposes of Investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1985, and such other sanctions may be Imposed and remedies invoked as provided In Executive Order 11246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) In every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor Issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will fake such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 23 b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates In federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that It will furnish the administering agency and the Secretary of Labor such information as they may requira for the supervision of such compliance, and that It will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance, d. The Sub -Recipient further agrees that it will refrain from entering into any contractor 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 as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Fart II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it falls or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTi-KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, It will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: 1. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 G.F.R. pt. 3 as may be applicable, which are Incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEIV A may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. Ill, Breach. A breach of the contract clauses above may be grounds for termination of the contract; and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 24 (28)GONTRACT WORK HOURS AND SAFETY STANDARDS if the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and imrolves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U. S,C, 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker Is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours In the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work In surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30)SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: 1. This contract Is a covered transaction for purposes of 2 C.F.R. pt, 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, Its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180,905) are exciuded (defined at 2 C.F,R. § 180.940) or disqualified (defined at 2 C.F.R. § 180,93b), ti. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction It enters into. l III, This certification is a material representation of fact relied upon by the Division. if It is later determined that the contractor did not comply with 2 C.F,R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, Including but not limited to suspension and/or debarment. iv, The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer Is valid and throughout the period of any contract that may arise from this offer, The bidder or proposer further agrees to include a provision requiring such compliance In its louver tier covered transactions, 25 (31)BYRD ANTI -LOBBYING AME DMENT if the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that It will not and has not used Federal appropriated funds to pay any person or organlzation for Influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place In connection with obtaining any Federal award, Such disclosures are forwarded from tier to tier up to the recipient. If the Sub -Recipient enters into a contract with a subcontractor for an award of $100,000 or more, the subcontractor shall sign Attachment M — Certification Regarding Lobbying, a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200,321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible; I. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 11. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; ill. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; Iv, Establishing delivery schedules, where the requirement germits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, If subcontracts are to be let, to take the affirmative steps listed in paragraphs 1. through v. of this subparagraph. b. The requirement outilned In subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not Impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only Imposes an obligation to carry out and document the six affirmative steps identified above. OR C. The "socioeconomic contracting" requirement outlines the affirmative steps that the l i Sub-Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional ' i steps to involve small and minority businesses and women's business enterprises. f d. The requirement to divide total requirements, when economically feasible, into i 1 smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). P 33. ASSURANCES. r The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. OF IMIAMI FIRE RESCUE By: Name and Title: FID# 59-6000375 If signing eiectronlcalty; by providing this electronic signature, I am atteshbg that/ understand that electronic signatures am legally binding and have the same meaning as handwritten signatures. tarn also confirming that /ntemal controls have been maintained, and Mat policies and procedures viee properly followed to ensure the authenticity of the electronic signature. This statement is to certitl that I oortirm that this electronic signature is to be the legally binding equivalent of my handwritten signature and that the date an this form is accurate to the best of my knowledge. STATE OF FLORIDA DIVISION OF EMERGENCY DEMENT By: f1m ' '�'�v R Name anc�rtle f�t1//�% 4417?/W6 r Date: ��/ % le-2e2el 1e-,z/ 27 ATTEST: Todd B. City Clerk APPROVED AS TO FORM AND CORRECTNESS By. _ X�—� Victoria.Mendez City Attorney this signature is for subaward R0232 THE CITY OF MIAMI, a municipal Corporation of the State of Florida By: ` �..._.. . Arthur No, iega City Manager APPROVED AS TO INSURANCE REQUIREMENTS By: Ann -Marie Sharpe, Director Department of Risk Management Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. OHISIT — 9 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUS -RECIPIENT UNDER THIS AGREEMENT: Federal Program: Urban Aroa Security Initiative f.UASi) Federal Agency: U.$. Department of Moopland 8 41iy F OM! Emer4@rnov Management Catalog of Federal Domestic Assistance title and number: W0 Award amount: $14,012,500.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Federal Program: Urba t�ALea Secufy InitiaS�ive fUA51! Listappllcoble compllance requirements as follows. 1. Sub -Recipient fs to use funding to perform eligible activities as identified FY 2020 Department of Homeland Security Notice of Funding Opportunity. 2. Sub -Recipient Is subject to ail administrative and financial requirements as set forth in this Agreement or will not be In compliance with the terms of the Agreement. S. Sub -Recipient must Comply with speclfic IQA:s, rules, or regulations that pertain to how the awarded resourm must be used or how eligibility determinations are to be made. PIC-rE: 2 C.F.R. Part200, 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. 28 ATTACHMENT A Program Budget Below is a general budget which outlines eligible categories and their allocation under this award. The Sub-Recipieht is to utilize the "Program Budget' as a guide for completing the "Budget Detait Warksheet" below. The Equipment category wits require Authorized Equipment List (AEL) reference number. The Authorized Equipment list (AEL) is a fist of approved egufpment types allowed under FEMA's preparedness grant programs. The Intended audience of this tool is emergency mahaders, first responders, and other homeland security professionals. The list consists of 21 e.Guiprnent categories divided into sub -categories, tertiary categories, and then individual equipment.Items. The.AEL can be found at ht42:1/w Aom.fema.gov/authorized-equipment-list. At the discretion of the Sub -recipient, funds allocated to_Management and Administration costs (as described in the 'Proposed Prograrh BudgeV) may be put towards Programmatic costs instead. However, no more than 5% of each Sub-reciplent's total. award may be expended on Management and Administration costs, The transfer of funds between the categorfes listed in the 'Program Budget and Scope of Work" is permitted. However, the transfer of funds between Issues is strictty prohlb/ted. 29- 13UDGET DETAIL, WORKSHEET The Sub-Reolplent is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as described In the "Proposed Program Budget', If any changes need to be made to the "Budget Detail Worksheet', for the execution of this agreement, contact the Grant Manager listed In this agreem' en t vJa email or letter. 'Ab INNER Developing hazardkhreat-specific annexes that Incorporate the range of prevention, protection, response, and recover y activities Developing and Implementing homeland security support programs and adopting ongoing DHS/FEMA national Initiatives Developing related terrorism and other catastrophic event prevention activities Developing and enhancing plans and protocols Gross -Cutting - Planning (Planning,'training and q $583,433.00 $663,433.00 ii Exercise); Line Item 2020-05 Developing or conducting assessments Protection - Cybersecurity (Cybersecurity Threat Assessments to Include Election Securlty);-Una Item 1 $266,500.00 $266,600.00 2020-01 Soft TargetlCrowded Places - Protection -Risk Management for Protection Programs $50,000.00 $50,000,00 (RIsk[Vulnerability Assessment of CI for Election -Security); Lino item 2090.02 Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traftonal public safety duties) Protection - Cybersecurity (Cybersecurity Response I $37,760.OQ $37,760.00 Plans and Exercises); Line Item 2020-011 Intel & Info Sharing - Prevention - Intelligence and 1 $62'aco.00 $62,000.00 3 Information Sharing JLPR Analyst); Line Item 2020.03 Intel & Info Sharing - Prevention - Intelligence and Information Sharing (Metadata Planner); Line Item 1 $43,000.00 $43,000.00 3 2020-03 Cross -Cutting - Planning (Planners and 1 $796,441.00 $796,441.00 Consultants ; Line Item 2020-06 30 V 5A Response -- Public Health, Healthcare and EMS 1 $80,516.00 $80,515.00 7 Closed POD Training Video), Line Item 2020.12 I Materials required to conduct planning activities Soft TargetlCrowded Places — Prevention — Public 1 $10,000.00 $10,000.00 2 Information and Warning; Line item 2020-02 Travellper diem related to planning activities Overtime and backfill costs (in accordance with operational Cost Guidance Issuance of WHTI-compliant Tribal Identification cards Activities to achieve planning inclusive of people with disabilities and others with access and func0onal needs and ilmlted English proficiency Coordination with Citizen Corps Councils for public informationleducation and development of volunteer programs Update governance structures and processes and plans for emergency communications Development, review and revision of continuity of operations plans Development, review and revision of the THIRAWR continuity cf operations plans ° .1 N' ta#`�lS:1F� +tK ' p, , L e zi :a..:_ St•. :4 ��:4:S: Q¢,.a N F ,:an'... Cdi -. , ;,:;9�.::-.7';;f?r '.j ;�a5;t:-'Vr '� ,r7;'; i" .,G•:; ,k �r 'r• y''�-g`; 7;�:_ ;' .::rf:�a t�';" �'.�'i7: 1Q:r h s sus ltin, ?, i', `•�, .' ` t➢ S"t.'T ,I 4�"' f—Lq r F_ rt , rA Mi . . ��oal. :�•._� .:• .r � :cam +'? ' • Js,,L_- .+ •. Program management Development of whole communibi partnerships Structures and mechanisms for information sharing between the public and private sector implementing models, programs, and workforce enhancement initiatives Tools, resources, and activities that facliltate shared situational awareness between the public and private sectors Operational support Soft TargetiGrowded Places — Protection — Interdiction and Disruption (Operational OT); Line 1 $22,000"00 $22,000.00 2 Item 2020-02" Utilization of standardized resource management concepts Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or needs in resulting from a National Special Security Event 31 J Reimbursement for select operational expenses associated with increased security measures eit critical infrastructure sites Incurred (up to 50 percent of the allocation) Overtime for information, Investigative, and Intelligence sharing activities up to 60 percent of the allocation Hiring of new staff positions/contractors/consultants for participation in Informationtintelligence analysis and sharing groups or fusion center activities (up to 50 percent of the allocation) Intel & info Sharing — Prevention — Intelligence and Information Sharing (Fusion Analysts);1ine, Item 1 $270,000.00 $270,000.00 3 2020.03 c`•--,i?._ � e '""�.`c191�4, .,'[L. "f +" �.x�y ��';?;Y-f$"�rCs:� .,.?'4i'r�'��JS' ,;�,.,��k t ; �-:�'t�� :d��, �.v�� � :,.�.�= -� ; -T:o: �.(�a���ai�>` 1n�iic�S`i���yry�.,� _�`{�1h "S L "t1 Fk1.;•.ac. - �ario;�A�ExP a riCn. w����rSsS. T:_ �'�1:'�e�j : N�ir;���s-..� �,vr� �'.;r _'•si3u�1."".�`+ ..,i t ii7�FX�'�;+.'-:�: SL' '»''�.'; •zsx; .00; ,Q��,:��� �• cM1•j/;/t. :SAY, h, r,�.. ... t_. '!r?<�if ;; �,�'w��, �,. ts4.^ • f:/� k�"G*'��:F=." t ��!�`#'y?~`A��e%.. tiH:.. �2�`�. 4i��':` •'�.:t ` Design, Develop, Conduct and Evaluate an Exercise Full or Part Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise - related activities. Payment of salaries and fringe benefits must be In accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whlchevsr is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of C6RNE exercises, The applicants formal written procurement policy or the Federal Acquisition Regulations FAR} must be followed, Protection -- Cyborsecurity (Cybersecurlty Response 1 $105,000,00 $105,000.00 1 Plans and Exercises); Line Item 2020.01 Cross -Cutting — Planning (Planning, Training and 1 $245,240.00 $245,240.00 5 Exorcise); Line Item 2020-06 _ Overtime and backfill costs -- Overtime and backflil costs, including expenses for part-time and volunteer emergency response personnel participating in FEMA exercises implementation of HSEEP Activities to achieve exercises inclusive of people with dtsabilitles and others with access and functional needs Travel - Travel casts (i.e., airfare, mileage, per diem, hotel, etc.) are aiiowable as expenses by employees who are on travel status for official business related to the plannipS and conduct of the exercise [o ect(s). Supplies - Supplies ors Items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g,, copying paper, gloves, 32 VA 1 V tape, non -sterile masks, and disposable protective equi meni). intercperable communications exercises Activities to achieve planning Inclusive of people with limited English proficiency Overtime and baciTill for emergency preparedness and response personnel attending DHS/FCMA-sponsored and a proved training classes Overtime and backfiil expenses for part-time and volunteer emergency response personnel participating In LiHS/FEMA training Training Workshops and Conferences Protection — Cybersecurity (Trainings); Line Item 1 $10,000.00 $10,000.00 1 2020-01 I Response — On Scene security, Protection and LE 1 $45,726.00 $45,726.00 7 SWATSpecialty Unit Training); Line item 2020-11 Activities to achieve training inclusive of people with disabilities and others with access and functional needs and limited English proficiency Full or Part -Time Staff or Contractors/Consultants Soft Target/Crowded Places -- Prevention — Public 1 $2a,130.00 $2Q,'I30.00 2 Information and Warning; Line Item 2020-02 Cross -Carting --Planning (Traln9ng Classes), Line 4 $171,823.00 $171,823.00 5 Item 2020.05 Travel Supplies are items that are expanded or consumed during the course of the planning and conduct of the exercise project(s) (e,g., copying paper, gloves, tape, non-sterlle masks, and dis osaMe protective equipment)._ Instructor certification/re-certification Coordination with Citizen Cons Councils in conducting training exercises Interoperable communications training Activates to achieve training inclusive people with limited English proficiency Immigration enforcement training 33 2 r E Ig. ibir. f Equipment AcquisItibritosts dwhi" ts e,al 6 . Webr, The table'bej ghlig-h e: e4u1pMqn1' tl,-'..,. 'IJ pqupmqnt�aegq!�,8,! th -WImk6b 6 'i r, :A*�d dpocific Unit -Cost 1_9fal Cost •quan.lty qqU pngh qn areao�.caY6Ai.IWOon theu pftidnt1.� Response - On Scene Security, Protection wid LE (MCI Equipment); Line Item 2020-11; AEL #OILE-01- SHLD, O1Le-01-HLMT,09TR-01.C(9M; 09MS-04. 1 $170,325.00 $170,325.00 7 BAND, 09TR-01-MKIT Emerging Threats - Prevention - Interdiction and Disruption (Bomb Team Equipment); Lino Item 2020- 04, AEL #02EX.02.TLPS, 02PE.01-8SUT, 02EX-02. 1 $116,000.00 $-115,000,00 4 TLRO Emerging Threats - Prevention - Screening, Search and' Detection (EOD Detectors); Lino item 2020.04; 1 $94,650.00 $94,650.00 4 AEL #02EX.02.XRAP, 02EX-00-PBIE, 21 ON-00-MAIN Soft TargotlCrowdad Places - Prevention -- Screening; Search and Detection (LPR Systems); Line Item 2020-02; AEL #03012-01-ALPR; 12TR-00- 1 $736,494.00 $766,494.00 2 TEQP; 13LE-00-SURV, 04AP-02-AVLS; 21ON-00-SHIP; 21GN-00-INST Soft Target/Crowded Places - Prevention - Screening, Search and Detection (Surveillance 1 $156,307.00 $156,807.00 2 Plafforms); Line Item 2020-02-, AEL #030E-07,ROVL Emerging Threats - Prevention - Interdiction and Disruption (Robots); Line Item 2020-04; AEL #030E- 07-ROBT, 030E-07-UMVS, 02EX-01-XRAP, 02PE-02- $566,911.00 $568,911.00 4 BSUT Response - Wass Search and Rescue Ops (TRT Equipment); Line Item 2020.10, AEL #03SR-02-T HY, 03sR.02-Tpr=L;09MF-.O5.Ll7R,7r)30E-05.ROPlq, OGCP- 03-ICONr, 03SR-03-SCAM'1'O1AR-01.SCBe, WOE-05. 1 $104,237.00 $164,237.00 7 ROPE, 01UR-01-KNIT, 06CP-03-PRAC, 030E.01- CTAG Response - Mass Search and Rescue Ops (Sonar); Line Item 2020.10; AEL 903WA-02-SONR, 04HW-01- 1 $34,676.00 $34,675,00 7 INHW 34 I/ FA I/ I/ le, ItrA Response- On Scene Security and LE (Night Vision); Line Item 2020-11; AEL #030E-02-TILA 1 $469 363.00 ' $459,363.00 7 Response -- Situational Assessment (SUAS); Line Item 2020-13; AEL #030E-07-SUAS 1 $175,000.00 $176,000.00 7 Response Communications -• Interoperable Communications (Mobile Message Boards); Line item 1 $40,000.00 $40,D00.00 8 2020-14; AEL #030E-03-SIGN F:gad _ r s':, '-! ": Y.•. ;'if' r `� ot�tech•��'((ajo' ::. 'r;:r+:Y:� C... .1••-�-�1:;�f:�'%`..ti.c'1.: ..roc: �:•, »�:' 1,a��r..j. {, .i.. , lnn. 1,„�•.�X.. T....,.. +tp _ ...t., n•^ir . . r, . .� � _ :.-0 .. ..7 .�:. .:.1 -.i I•,i'L .. ^,:S`r .•h'A;. Div _ Intel & Info Sharing - Prevention - Intelligence and Information Sharing (GIS Dashboard for Fusion 1 $152,713.00 $162,713.00 3 Center); Line Item 2020-03; ALEL #04AP-03-GISS Intel & Info Sharing - Prevention - Intelligence and Information Sharing (goal Time Crime Center Build 1 $259,293.00 $269,293.00 3 Out); Line Item 2020.03; AEI, #04HW.01-INHW Cross -Cutting - Operational Coordination (ICS SoftwareNlebEOC); Line item 2020.06; AEL #04HW- 01-INHW, 04SW-04-NETIIII, 04AP-05.CDSS, 04AP-01. 1 $277,875.00 $277,875.00 6 CADS, 04AP-03-GISS Response - Situational Assessment (GIS System for J Eire); Line itsm 2020.13; AEL, #l04AP-03-GISS, 04HW- 1 $34,606.00 $34,605AD 7 01-INHW, 04MD-03-DISP �iG•b: "e'1urifenlaan'i:e eht•:e U. en- - :i•�:•; .,�,::;.�•;, .:,.: ..,,• �`:rt;"�'., Protection - Cybersecurity (Cybersecurity Threat Assessments to Include Election Security and 1 $16,160.00 $16,160.00 1 software); Line Item 2020.01; AEL #05NP-00-IDPS Protection - Cybersecurity (Cybersecurity Equipment); Line Item 2020-01; AEL 906NP-004DPS, 1 $333,956.00 $338,955.00 1 OSMS-00-MALW; 05NP-00-FWAL •ti..75L'. _`i+•.•x ::l': � :"@::'.: ^f" i\.::+-1`.a l� ni.•.: ;' :•Y.' - r) � _..E : •'��y :",'� �� .. � ., is �} � _=.f':'fii.oAnerab pp:corn:yW"y'un ,�!fa{{i h �..{{ yY��11� ♦/ ��.,, �-,: �::. = ���• _ - +� rM. .-�•rn rl. 'F.LQ. U� J!1.4,. L:'--'�2 i'Y,.. i� .}✓t. ice: "ti::+. _ } - Response Communications -- Interoperable Communications (Interoperabfe Cvmms); Line item 2020-14; AEL #06CP-01-PORT, 06CP-03-PRAC, 04HW.01-INHW 103C.00-8ATT, 06CP-01-MOBL, 1 $1,385,591.00 $1,385,591.00 8 21GN-00-INST, 060P.02-81113G, 06CC-03-SATE, 0617- 01 -REPT, I2TR-00.7'EQP Emerging Threats -- Prevention - Screening, Search and Detection (Hazmat Detectors); Line item 2020-04; 1 $200,240.00 $200,240.00 4 AEL #07RD-02-PROA, 07RD.02.HHSM 35 V n Soft TargettCrowded Places - Prevention - Screening, Search and Detection (Surveillance Vehicles); Line Item 2020-02; AEL #12VE-00-MISS; 04HW-01-INHW; 04MD-01-VCAM; 04AP-02-DGPS 1 $368,776.00 $306,776.00 2 Response - Critical Transportation (Response Vehicles), Line Item 2020-09; AEL #12 VE-00-CMDV, 12VE-00-MISS 1 $738,877.00 $788,877.00 7 Soft Target/Crowded Places - Prevention - Screening, Search and Detection (Surveillance Equipment); Line Item 2020.02; AEL #13LE-00-SURV 1 $53,760.00 $53,760.00 2 Response Communications - Intaroperable Communications (Emergency Notification System); Line item 2020-14; AEL #131T-00-ALRT 1 $47,698.00 $47?698.00 8 Soft Target/Crowded Places - Protection - Access Control and Identity Verification (Access Card Readers and Credentialing Systems); Line Item 2020- 02; AEL #14SW-01-VIDA, 14SW0I.PACS, 21GN-00- INST, 21 WI-00-CNST, 04HW-014NHW,,04AP-05-OREO 1 $231,163.00 $237,763.00 2 Soft Target(Crowded Places - Protection - Physical Protective Measures (CCTV Systems); Line Item 2020-02; AEL #148W-01 -VIDA, 14SWOl-PACSI 21GN- 00-INST, 04MD-03-DISP, 04HW-N-INHW, 143W-01- ALRM, I OGE-00-GEMR; 21 GIN-WONST; 21GN-00- MAIN 1 $ . 1,394,946.00 $1,394,946.00 2 Soft Target/Crowded Places - Protection - Physical Protective Measures (Portable. Vehicle Barriers); Line Item 2020-02; AEL #44SW-01-WALL 1 $240,000.00 $240,000.00 2 Emerging Throats - Prevention - Interdiction and Disruption (Maritime Radar); Line Item 2020-04; AEL #148W-02-RADR 1 $960,382.00 $160,382.00 4 Recovery - Infrastructure System (E911 Backup Ethernet); Line Item 2020-18; AEL #14CI-01-COOP 1 $20,000.00 $20,000.00 8 am I., 9 IFA V Inspection and Screening Systems Soft Target/Crowded Places — Protection — Physical I Protective Measures (Magnometers); Line item 2020- 4 $35,000,00 $35,000.00 2 02; AEL #16SO-00-PPSS .AhImW Cara and Pbrelgn Animal Disease Response — Critical Transportation (Response Vessels), Line Item 2020.09; AEL 917V'JC.00-BOAT 1 $330,000.00 $336,000.00 7 CBRNE*Odi!r Equipment: 6 'K, kL ON Emerging Threats — Prevention —Forensics and Attribution (Laser Scanner for Crime Scene 1 $43,166.00 $43,166.00 4 Recreating); Line Item 2020-04; AEL #20CS-02-UVLT .7 v'Oth --- th qq mqn ?V M.595 .01.' 0 p��R A I'. W­ 4 "..' 6DiW0:6 :5vdW4q - Intel & Info Sharing — Prevention — Intelligence and Information Sharing (Fusion Center Operations); Line item 2020.03; AEL #04HW-01,.INHW, 131T-00-INTL; 1 $240,000.00 $240,000.00 3 13IT-00-ALRT Cross -Cuffing — Operational Coordination (EOC EnhancementiSustainment); Line Item 2020-06; AEL #04HW-01.INHW,-21 GN-0"CEQ-,Q4AP-06.CDS$, 13]T-00-ALRT, 04AP-01-CADS, 04111113.02-FRO&I, 04H'JV.01-HHCD, 06CP.05.VCON, 06CIP-01-PORT, 04MD-03-DISP,21GN.00.CNST, 21GN-00-MAIN, 06CC- 1 $583009,00 , $583000.00 , 6 03-SATS, 06CC-03-SATP, 06OC-04-SADS, 06CC-01. CELL, 14SW-01-PACS, 1401-00-COOV, 2IGN-00-INST, 04HW-01-CABL, 07SE.03-EWS,"06CC-05-PRM 06CC-02-DSAD - Mitigation — Community Resilience (CERT Planning, Training and Equipment); Line Item 2020-07; AEL #21GN-00-COEQ, 19GN.00.BGPK, 21CR-00-MEDI, 1 $490,700.00 $490,700.00 6 06CP.01-PORT Mitigation —Long Term Vulnerability Reduction (Maintenance and Sustainment); Lino Item 2020-08; 1 $277,471.00 $277,471.00 6 AEL #21 GN-00-MAIN T6TAC 96UIPMENT -EXPENDITURES $16,652,40.00 37 r 59 e 6 t 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 re orff ng and data collection requirements M&A Salary Personnel, Line item 2020.16 1 $500,000.00 $500,000.00 Development of operating plans for Information collection and processing necessar/ to respond to DHS/FEMA data calls Overtime and backfill costs — Overtime expenses are defined as the result of personnel who worked over and above 40 hours of weekly work time in the performance of FEMA — approved activities within the scope of this grant Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime In order to perform the duties of other personnel who are temporarily assigned to FEMA— approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of anincrease of Full —Time Equivalent (FTEs) employees. Travel expenses M&A Travel, Line item 2020-16 1 $10,500.00 $10,500.00 Meeting -related expenses Authorized office equipment: Inciuding personal computers, laptop computers, printers, LOD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. Office Supplies, Line item 2020-16 1 $25,000.00 $25,000.00 The following are allowable only within the agreement period: Recurring fees/charges associated with certain equipment, such as cell phones, faxes. Leasing and/or renting of space for newly hired personnel to administer programs within the grant program. Recurring Expenses (Fedex, storage fees, etc), Line 1 $26,000.00 $25,000.00 item 2020AG TOTAL AWARD EXPENDITURES $14,012,600 38 ATTACHMENT S 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 Year 2020 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: Issue and Project Description issue 45: The Urban Area Security Initiative (UASI) has allowable Management and Administration (M&A) costs associated with ft. The Division of Emergency Management, as the designated State Administrative Agency, will retain five (5) percent of the total UASI amount i allocated to Florida for M&A purposes, These funds will prov)de the SAA with the means to manage and administer the UASI grant. The proper management and administration of these funds ensures that each project listed will be fulfilled, or partially fulfilled, more efficiently while remaining in compliance with the OHS Federal Fiscal Year 2020 Homeland Security Grant Program Guidance. It. Categories and Eligible Activities FY 2020 allowable costs are divided Into the following categorles for this agreement: Planning, Organizatlonal, Exercise, Training, Equipment and Management and Administration. Each category's allowable costs have been listed in the "Budget Detail Worksheet" above. A. Allowable Planning Related Costs HSGP funds may be used for a range of emergency preparedness and management planning activties subh as those associated with the development, review, and revision 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 hazard/threat-specific annexes that incorporate the range of prevention, protection, response, and recovery acd0les; • Developing and Implementing homeland security support programs and adopting DHSIFEMA national initiatives; • Developing related terrorism and other catastrophic event prevention activities; • Developing and enhancing plans and protocols; • DeveIoping 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 dudes); • Materials required to conduct planning activities; Traveflper diem related to planning activities; • Overtime and backlill costs (In accordance with operational Cost Guidance); • Issuance of WHTI-compliant Tribal Identification card; • Activities to achieve planning Inclusive of people with disabilities; • Coordination wish Citizen Corps Councils for public information/education and development of volunteer programs; • Update governance structures and processes and plans for emergency communications; and • Activities to achieve planning Inclusive of people with limited English protlelency, 3� 9. Allowable Qrganiztatlon Related Costs (HSGP and UASI Only) Sub -Recipients proposed expenditures of SHSP or UASI funds to support organization activities Include; • Program management; s • Development of whole communify partnerships, through groups such as Citizen Corp Councils; • Structures and mechanisms for information sharing between the public and private sector; i • Implementing models, programs, and workforce enhancement initiatives to address ideologically Inspired radicalization to violence In the homeland; e Tools, resources, and activities that facilitate shared situatlonal awareness between the public and private sectors; « Operational Support; e Utilization of standardized resource management concepts such as typing, Inventorying, organizing, and tracking to facilitate the dispatch, deployment, and recovery of Mscurces Mora, during, and after at1 tncidsnt; e Responding to an Increase in the threat level under the National Terrorism Advisory Systerrr (NTAS) or needs resulting from a National Special Security Event; and s Paying salaries and benefits for personnel to serve as qualified Intelligence Analysts. Per the Personnel reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act, Pub. I- No. 110412, § 2, codified In reievant part, as amended, at 6 U.S.C. § 609(a), HSGP and UASI funds may be used to hire new staff and/or contractor positions to serve as hitelligence, analysts to enable Informationtinteiligence sharing capabiilties, as well as support existing intelligence analysts previously covered by HSGP or UASI funding. See 6 U.S.C. § 600(a). To be (tired as an intelligence analyst, staff and/or contractor personnel must meet at least one of the following criteria; • Complete trsining to unsure baeolino proficlency In Intelligence analysis and production within six months of being hired; and/or, • Previously served as an intelligence s+nalyst for a minimum of two years either In a federal intelligence agency, the military, or state and/or local law enforcement Intelligence unit. 111telligancs Analyst Activities Allowable Costs (HSGP and UAS1) All fusion center analytical personnel must.demonstrate qualifications that meet or exceed competencies identified in the Common Competencies for state, local, and tribal Intelligence Analysts, which outlines the minimum oategorles of training needed for Intelligence analysts. A csrtlflc-ate of completion of such training must be on file with the SAA and must be made avallable to the recipient's respective FEMA HQ Program Anerlyst upon request. States and Urban Areas must justify proposed.expenditures of HSGP or UASI funds to support organization activities within their IJ submission. All SAAs are allowed to utilize up to 50 percent (50%) of their HSGP funding and all Urban Areas Tire allowed up to 50 percent (50%) of their UASi funding for personnel costs. At the request of a Sub-Racipient of a grant; the FEDAA Administrator may grant a waiver of the 60 percent (50%) limitation noted above, Request for waivers to the personnel cap must be submitted by the SAP, to GFD in vtrifing on official letterhead, with the following information: • Documentation explaining why the cap should be waived; + Gondiflons under which the request is being submitted; and • A budget and method of calctilatlon of personnel costs both in percentages of the grant award and in total dollar amount. To evold supplanting Issues, the request must also include a three- year staffing history for the requesting entity. Law Enforcement Terrorism Prevention (LETP) Activities Allowable Costs (HSGP and UASI) LETP Activities eligible for use of LETPA facusad funds include but are not limited to,, 40 • 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 (Fits), Hlgii Intensity Drug Trafficking Areas (H)DTAs), Regional Information Sharing Systems (R1SS) 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. Note: DHS requires that all public and private sector partners wanting to implement and/or expand the QHS °if You See Something, Say Something(V' I campaign using grant funds work directly with the DHS Office of Partnership and Engagement (OPE) to ensure all public awareness materials (e.g., videos, posters, tri-folds, etc.) are consistent with the DHS's messaging and strategy for the campaign and compliant with the lnftlative's trademark, which is licensed to DHS by the New York Metropolitan Transportation Authority. Coordination with OPE, through the Campaign's Office (seesay@hq.dhs.gov), must be facilitated by FEMA. Increase physical security, through few enforcement personnel and other protective measures, by implementing preventive and protective measures at critical Infrastructure site or at -risk nonprofit organizations; and Building and sustaining preventive radiological and nuclear detection capabilities, including those developed through the Securing the Cities Initiative. Organizational activities under HSGP and UASI Include: Operational Overtime Costs, in support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are ailowable for increased protective security measures at critical infrastructure sins or other high -risk locations and to enhance public safety during mass gatherings and high -profile events, In that regard, HSGP Sub -Recipients are urged to consider using grant funding to support soft target preparedness activities. HSGP or UASI funds may be used to support select operational expanses associated with Increased security measures in the authorized categories cited below: • Backfill and overtime expenses for staffing State or Major Urban Area fusion centers; • Hiring of contracted security for critical Infrastructure sites; a 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 at) resources that are part of the standard National Guard deployment package (Note: Consumable costs, such as fuel expenses, are not aflowed except as part of the standard National Guard deployment package); • Increased border security activities in coordination with CBP; National Terrorlsm Advisory System; • National Security Events; • Special Event Assessment Rating (SEAR) Level 1 through 4 Events • States of Emergency; • National Critical Infrastructure Prioritization Program (NCIPP); 4 Directed Transit Patrols; and 41 • Operational Support to a Federal Agency. Operational Overtime Requests: o Except for an elevated N i AS alert, HSGP or UASI funds may only be spent for operational overtime costs upon prior written approval by FEMA. The SAA must submit operational overtime requests In writing to its assigned FEMA Program Analyst (PA). FEMA will consider requests for special event activities up to one year in advance. However, such requests must i be within the award's current period of performance and must not result In the need for a request to extend the period of performance. • All operational overtime requests must clearly explain how the request meets the criteria of I one or more of the categories listed In the table above. Requests must address the threat environment as it relates to the event or activity requiring operational overtime support and explain how the overtime activity is responsive to the threat. + Post -event operational overtime requests will only be considered on a case -by -case basis, where It is demonstrated that exigent circumstances prevented submission of a request in advance of the event or activity. e Under no circumstances may DHS/FEMA grant funding be used to pay for costs already supported by funding from another federal Bourne. * States with UASI Jurisdictions can use funds retained at the state level to reimburse eligible operational overtime expenses Incurred by the state (per the above guidance limitations). Any UASi funds retained by the state must be used in direct support of the high -risk urban area. States must provide documentation to the UAING and DHS/FEMA upon request demonstrating how any UASi funds retained by a state would directly support the high --risk urban area. • FEMA will consult and coordinate with appropriate DI -IS components as necessary to verify information used to support operational overtime requests. Personnel Costs (HSGP and UASI) Personnel hiring, overtime, and backfill expenses ars permitted under this grant to perform allowable HSGP planning, training, exercise, and equipment activities. Personnel may include but are not limited to training and exercise coordinators, program managers for activities directly associated with HSGP and UASI funded activities, Intelligence analysts, and Statewide Interoperability coordinators (SVNiC). Sub -Recipients should refer to information Bulletin No, 421b, Clarification on the Personnel Reimbursement for Intelligence Cooperation and Enhancement of Homeland Security Act of 2008 (Public Law 110•-412 --the PRICE Act}, Oct. 30, 2019. HSGP funds may not be used to support the hiring of any personnel to fulfil traditional public health and safety duties nor to supplant traditional public health and safety positions and responsibiffies. Tho following definitions apply to personnel costs: Nir9ng. State and local entities may use grant funding fo cover the salary of newly hired personnel who are exclusivety undertaking allowable DHSlFEMA grant activities as specified in this guidance. This may not include new personnel who are hired to fulfill any non- OHS/FEfrIA program activities under any circumstances. Hiring will always result In a net increase of Full Time Equivalent (FTE) employees. Overdrae. These expenses are Iimited to the additional costs that result from personnel working over and above 40 hours of weekly work time as the direct result of their performance of DHS/FEMA-approved activities specified In this guidance. Overtime associated with any other activity is not eligible. Bachftll-Related Overtime. Also called "Overtime as Sackf111,° these expenses are limited to overtime costs that result from personnel who are working overtime (as Identified above) to perform the duties of other personnel who are temporarily assigned to DHSIF'EMA-approved 42 activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of FTE employees. • Supplanting. Grant funds will be used to supplement existing funds and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or recipients may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds, OPSG funds may be used for domestic travel and per diem, Including costs associated with the deploymentiredeployment of personnel to border areas and for travel associated with law enforcement entities assisting other local jurisdictions in law enforcement activities (travel costs must be in accordance with applicable travel regulations), Organization (OPSG) Operational Overtime Costs. OPSG funds should be used for operational overtime costs associated with law enforcement activities in support of border law enforcement agencies for increased border security enhancement. Overtime pay is for enhanced patrol for certified public safety officers, along with : limited support for other law enforcement direct support personnel (e.g„ Communication OfficerslDlspetchers, non -sworn patrol pilots, etc.), Overtime shall be reimbursed consistent with the non- federal entity's overtime policy and the requirements as stated below, • Overtime is time worked that exceeds the required number of hours during an employee's designated shift. • Overtime must be worked to Increase patrol capacity and be In support of Identified and approved USSP border security operation&. • The OPSG overtime hourly rate of pay will be no more than the approved overtime rate per local law and policy and must be in accordance with applicable State and Federal regulations. v Exempt salaried employees may not be reimbursed for overtime unless the non-federal entiby's policy specifically allows for overtime reimbursement for these employees. The non-federal enfity may not utilize OPSG funding to pay for an employee's overtime hours or pay that exceeds 16 hours worked in any 24-hour period, Personnel Costs (CPSG).' Up to 50 percent of an OPSG award may be used to pay.for all personnel costs (only to the extent ihat such expenses are for the allowable activities within the scope of the grant). At the request of a recipient or Sub -Recipient, the FEMA Administrator (or designee) maywaive the 50 percent personnel cap, Waiver decisions are at the discretion of the FEMA Administrator and will be considered on a case -by -case basis. Further, changes in scope or objective also require FE TA's prior written approval pursuant to 2 C.F.R. § 200.3413(a)(4)(I}. A formal OPSG personnel walver request should: • Be on official letterhead, include a written Justification, and be signed by the local jurisdiction. • Include a budget and method of calculation of personnel costs both in the percentage of the grant award and in total dollar amount, reflecting the change in scope or objective to the project. • include an approved Operations Order from the USSP Sector office that supports the local jurisdiction's written justification. • Be coordinated with the USSP Sector, SAA, and the DHSlCBP Office of the Border Patrol As with all OPSG personnel costs, OPSG grant funds wits be used to supplement existing funds and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or recipients may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 43 Temporary or Term Appointments a Sub-Reelplents may utilize temporary or term appointments to augment the law enforcement presence on the borders, However, appiying funds toward hiring full-time or permanent sworn public safety officers is unallowable. a OPSG-funded temporary or term appointments may not exceed the approved period of I performance. a For OPSG purposes, temporary appointments are non -status appointments for less than one year. a OPSG funding for temporary or term appointments may pay for salary only. Benefits are not allowable expenses for term or temporary employees, ` a OPSG remains a non -hiring program, Appropriate uses of temporary orterm appointments Include: e To carry out specific enforcement operations work for ongoing OPSG-funded patrols throughout the Sector Area of Operation; a To staff operations of limited duration; such as OPSG-enhanced enforcement patrols targeting specific locations or criminal activity; and, i a To fill OPSG positions in artivitles undergoing transition or personnel shortages and local backflll policies (medicallmiiltary deployments). a OPSG term and temporary appointments must have all necessary certifications and training to enforce state and focal laws. OPSO funds will not be used to train or certify term or temporary appointments except as otherwise stated In the OPSG section of this manual and the HSGP NOFO. a Sub -Recipients must follow their own applicable policies and procedures regarding temporary or term appointments. . Unallowable Costs (OPSG) OPSG unallowable costs include costs associated with evidence collection, arrest processing, prosecution, and Traffic/DUI checkpoints, such as evidence documentation cameras, fingerprinting supplies, alcohol breathalyzers, portable work lights, traffic barricades, and similar law enforcement expenses. Additional unallowable costs also include coats associated with staffing and general iT computing equipment and hardware, such as personal computers, faxes, copy machines, modems, etc. OPSG Is not intonded as a hiring program. Therefore, applying funds toward hiring full-time or permanent swom public safety officers Is unailovrable, OPSG funding shall not be used to supplant Inherent routine patrols and law enforcement operations or activities not directly related to providing enhanced coordination between local and federal law enforcement agencies. Finally, construction and/or renovation costs, and exercise expenses are prohibited under OPSG, 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 htipsJA4MW.fema.gov/exe1c13e. a Design, Develop, Conduct, and Evaluate an Exercise a Exercise Planning Workshop a Full- or part-time staff or contractors/consultants a Overtime and backfill costs, including expenses for part-time and volunteer emergency Response personnel participating in DHS/FEMA exercise a Implementation of HSEEP a Activities to achieve exercises Inclusive of people with disabilities a Travel a Supplies 'associated with allowable approved exercises a Interoperable communications exercises 44 Additional Exercise Information Sub -Recipients that decide to use HSGP funds to conduct an exercise(s) are encouraged to complete a progressive exercise series. Exercises conducted by states and high risked urban areas may be used to fulfill similar exercise requirements required by other grant programs. Sub -Recipients are encouraged to invite representatives/planners Involved with other Federally mandated or private exercise activities, States and high risked urban areas are encouraged to share, at a minimum, the multi -year training and exercise schedule with those departments, agencies, and organizations included in the plan. Validating Capabilities. Exercises examine and validate capabilities -based planning across the Prevention, Protection, Mftlgatlon, Response, and Recovery mission areas. The extensive engagement of the whole community, Including but not limited to examining the needs and requirements for individuals with disabilities, Individuals with limited English proficiency, and others with access and functional needs, is essential to the development of an effective and comprehensive exercise program. Exercises are designed to be progressive — Increasing in I scope and complexity and drawing upon results and outcomes from prior exercises and real- I world incidents —to challenge participating communities. Consistent with Homeland Security Exercise and Evaluation Program guidance and tools, the National Exercise Program (FIEF') j serves as the principal exercise mechanism for examining national preparedness and measuring readiness. Exercises should align with priorities and capabilities identified in a mull -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 speciaf events in the Multi -year TEP. The state or Urban Area may plan to use HSGP or UASI funding to finance training and exercise activities in preparation for those events. States and Urban Areas should also consider exercises at major venues (e.g., arenas, convention cantors) 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 ail confirmed or planned special events In the kluftf- year TEP, Role of Non -Governmental EnflUes In Exercises. Mon -governmental participation In all levels of exercises Is strongly encouraged, Leaders from non -governmental entities should be included In the planning, design, and evaluation of an exercise. State, local, Tribal, and territorial jurisdictions are encouraged to develop exercises that test the Integration and use of non -governmental resources provided by nongovernmental entities, defined as the private sector and private non-profit, faith -based, community, participation in exercises should be coordinated with the local Citizen Corps Councii(s) or their equivalent and otherpartner agencies. FDEM State Training Office conditions for Exercises: For the purposes of this Agreement, any exercise which Is compliant with RSF-EP 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 sighed 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. W fn 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-Reciplent must provide the Division with all receipts that document the coats incurred by the Sub -Recipient in order to conduct the exercise, The Sub -Recipient must 0cluds with the reimbursa ment package a separate copy of the page(s) from the Exercise Plan which identh7es the participant agencies and a printed page(s) from the State (and County or Regional) MYTEP redacting 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: EsUrnated Number of Participants that will be fed: Estimated Cost for food/water: Description of the Exerclsd: D. Allowable Training Related Costs (SHOP and UASI) Allowable tra ning-related costs under HSGP Include the establishment, support, conduct, and attendance of training specifically identified under the HSGP and UASi programs and/or in conjunction with emergency preparedness training by other Federal agencies (s,g., HHS and DOT). Training conducted using HSGP funds should address a performance gap identified through an AARIIP or other assessments (e.g., National Emergency Communications Plan NECP Goal Assessments) and contribute to building a capability that will be evaluated through a formal exercise, Any training or training gaps, Including those for children, older adults, pregnant women, and Individuals with disabilities and others who also have access or functional needs, should be Identified in the AAMP 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 (ADDLE) model of instructional design, Overtime and backfill for emergency preparedness and response personnel attending DI 151F>=A�iA-sponsored and approved training classes 6 Overtime and backfill expenses for part-time and volunteer emergency response personnel participating In DHSlFEMA training Training workshops and conferences v 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 projects) • Instructpr cortification/re-certifiication O Coordination with Citizen Corps Councils in conducting training exercleas • Interoperable communications training Additional Training Information Per DHSIFEMA 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 46 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 (EOP). The only exception to this policy Is for Countering Violent Extremism courses. DI-IS/FEMA will conduct periodic reviews of all state, territory, and Urban Area training funded by DlgS/FEMA. These reviews may Include requests for all course materials and physical observaton 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 tralnings include programs or courses developed for and delivered by InstftL ons and organizaticns 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 Plational Domestic Preparedness Consortium (NDPC) and the Rural Domestic Preparedness Consortium (RDPC). Approved State and Federal Sponsored Course Catalogue. This catalcgue lists state and Federal sponsored courses that fall within the DHSIFEMA mission scope and have been approved through the FEMA course revienr and approval process. An updated version of this catalog can be accessed at: I"Nwfirstresoondertralnina aov Tralning Plot Provided by DFIS/FEMA. These tralnings include courses that are either state sponsored or Federal sponsored (non-DHSiFEMA), coordinated and approved by the SAA or their designated TPOC, and fall within the DHS/FEMA mission scope to prepare state, local, Tribal, and territorial personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. • State Sponsored Courses. These courses are developed for andlor delivered by Institutions or organizations other than Federal entities or FEMA and are sponsored by the SAA or their designated TPOC, • Joint Training and Exercises with the Public and Private Sectors. These courses are sponsored and coordinated by private sector enffties to enhance public -private partnerships for training personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events, In addition, States, territories, Tribes, and Urban Areas are encouraged to incorporate the private sector In government -sponsored training and exercises. Additional information on both DHSiFEMA provided training and other federal and state training can be found at: %mNw.firstrespondertralnlna oov. Training Information Reporting System ("Web-Fornis"). Web -Forms Is an electronic form/data management system built to assist the SAA and its designated State, territory and Tribal Training Point of Contact (TPOC). Reporting training activities through Web -Forms is not required under FY 2020 H8GP, however, the system remains available and can be accessed through the FEMA Toolkit located at ht s:I/wvNi.firstrasponded[aininci.govtfrti in order to support grantees in their own tracking of training. FDEM State Training Office Conditions: For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub -Recipient can successfully complete an authorized course either by attending or conducting that course. 47 • in order to receive payment for successfully attending an authorized training course, the Sub - Recipient must provide the Division with a certificate of course completion; 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 an authorized course, the Sub- i Recipient must provide the Division with the course materials and a roster slgn-in sheet; I additionally, the Sub -Recipient must provide the Division with all receipts that document the f costs incurred by the Sub -Recipient in order to conduct the course," tE • For courses that are non-DHS approved training, Sub -Recipient must request approval to conduct training through the use of the Non-TED Form and provide a copy, along with email, showing approval granted for conduct. • For the conduct of training workshops, Sub-Reciplent must provide a copy of the course materials and sign-in.sheets. • The number of participants must be a minimum of 16 in order to Justify the cost of holding a course. For questions regarding adequate number of participants please contact the FDEM State Training Offlcer for course specific guidance, Unless the Sub-Recipiant receives advance written approvaf from the State Training Officer for the number of participants, then the Division will reduce the amount authorized for reimbursement on a pro-rata basis for any training with less than 15 participants, • The Sub -Recipient must Include with the reimbursement package a separate copy of the page(s) from the State (and County or Regional) MYTEP reflecting the training. E. Allowable Equipment Related Costs (SHGP and UASI) The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories for HSGP are listed on the Authorized Equipment List (AEI,), The AM Is available at hops;lhnmr,v.fema.aeyi uthorized&guloment-list. Some equipment items require prior approval from Di-IS/FEMA before obligation or purchase of the items. Please reference the grant notes for each equipment Item to ensure prior approval is not required or to ensure prior approval is obtained if necessary, Unless otherwise stated, all equipment must meet all mandatory regulatory and/or DHS/FEiViA-adopted standards to be eligible for purchase using these funds. In addition, recipients will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Grant funds may be used for the procurement of medical countermeasures, Procurement of medical countermeasures must be conducted In colraboratlon with State/city/local health departments who administer Federal funds from HH8 for this purpose. Procurement must have a sound threat -based justification with an aim to reduce the consequences of mass casualty Incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals, grantees must have in place 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 year's period of performance for HSGP, The cost of disposal cannot be carried over to another FEMA grant or grant period. The equipment, goods, and supplies ("the eligible equipment') purchased with funds provided under this agreement are for the purposes specified in "Florlda's Domestic Security Strategy". Equipment purchased with these funds will be utilized In the event of emergencies, Including, but not limited to, terrorism -related hazards. The Sub -Recipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed location within two (2) hours of a request 48 for said deployment. The Florida Division of Emergency Management (POEMl must approve any purchases of equipment not itemized In a projects approved budget In advance of the purchase. The Sub-Raciplent will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the 'Florida Domestic Security Strategvy,° ensure that all equipment purchased with these funds Is used to respond to any and all incidents within its regional response area as applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FiDEM will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. Allowable Equipment (OPSG) OPSG equipment is intended to be Incidental to the enhanced border security operations being performed. The grant is not Intended to•be used to outfit or supply general equipment to SLIT law enforcement agencies. Equipment must be relatable to and justified by the operational benefit It will provide. • Equipment Marking. Because equipment purchased with OPSG funding Is Intended to be used to support OPSG activities, it must be appropriately marked to ensure Its ready Identification and primary use for that purpose. When practicable, any equipment purchased with OPSG funding shall be prominently marked as follows: "Purchased wfttr AHa^ funds for Opera2fon 5tonegarden Use" Fuel Cost and/or Mileage Reimbursement. There Is no cap for reimbursement of fuel and mileage costs in support of operational activities. Vehicle and Equipment Acquisition, Including Leasing and Rentals. Allowable purchases under OPSO include patrol cars and other mission -specific vehicles whose primary use is to increase operational activities/patrols on or near a border nexus in support of approved border security operations. A detailed justification must be submitted to the respective FEMA HQ Program Analyst prior to purchase. e Vehicle and Equipment Acquisition, including Leasing and Rentals. Allowable purchases under OPSG include patrol vehicles and other mission -specific equipment whose primary purpose Is to increase operational capabilities on or near a border nexus in support of approved border security operations. A detailed justification must be submitted to the respective FEMA HQ Program Analyst prior to purchase. Medical Emergency Countermeasures: Allowabls purchases under OPSG include narcotic antagonist pharmaceuticals, detection and Identification equipment, safe storage and transportation, personnel protective equipment, and Initial equipment training, as will be reflected in the AEI, and explained In 113 438. F. unallowable Costs (HSGP, UASI and OPSG) Per FEMA policy, the purchase of weapons and weapons accessories, including ammunition, is not allowed with HSGP funds. Grant funds may not be used for the purchase of equipment not approved by DHSiFEMA. Grant funds must comply with IS 426 and may not be used for the purchase of the following equipment. firearms; ammunition; grenade launchers; bayonets; or weaponized aircraft, vessels, or vehicles of any kind with weapons Installed. Unauthorized exercise -related costs include; 49 Reimbursement for the maintenance or wear and tear costs of general use vehicles (e.g., construction vehicles), medical supplies, and emergency response apparatus (e.g,, fire trucks, ambulances). Equipment that Is purchased for permanent installation and/or use, beyond the scope of the conclusion of the exercise (e.g., electronic messaging sign). G. Telecommunications and Video Surveillance Restrictions Effective August 13, 2020, DHS/FEMA recipients and subreciplents may not use grant funds under the programs covered by this Manual and provided in FY 2020 or previous years to; 1. Procure or obtain, extend or renew a contract to procure or obtain, or enter Into a contract to procure or obtain any equipment, system, or service that uses 'covered telecommunications equipment or services' as a substantial or essential component of any system, or as critical technology of any system; or 2. Enter into contracts or extend or renew contracts with entitles that use "covered telecommunications equipment or services" as a substantial or essential component of any t system, or as critical technology as part of any system. ' This prohibition regarding certain telecommunications and video surveillance services or equipment Is mandated by section 889 of the Jahn S. McCain National Defense Authorizadon Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No.115-232 (2018). Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of this Manual, applicable appendix to this Manual, and applicable NOFO. OHS/FEMA will publish additional guidance in a subsequent Information Bulletin or similar notice. Per section of the FY 2019 NDAA, covered telecommunications equipment or services means; 1. Telecommunications equipment produced by Huawel Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); 2. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillanca and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hii<vislon Digital Technology Company, or Dahua Technology Company (or any subsidiary or afflllats of such entities); 3, Telecommunications or video surveillance services provided by such entities or using such equipment; or 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably balleves to be an entity owned or controlled by, or otherwise connected to, the People's Republic of China. H. Critical Emergency Supplies Critical Emergency Supplies (SHSP and UASI) Critical emergency supplies, such as shelf stable products, water, and medical equipment and supplies are an allowable expense under SHSP and UASI. Prior to the allocation of grant funds for stecl<piiing purposes, each state must have DHS/FEMA's approval of a five-year viable Inventory management plan, which should include a distribution strategy and related sustainment costs if planned grant expenditure Is over $100,000.00. If grant expenditures exceed the minimum threshold, the five-year inventory management plan will be developed by the recipient and monitored by FEW. FEMA will provide program oversight and technicsl assistance as it relates to the purchase of critical emergency supplies 50 under UASI. FEfv1A will establish guidelines and requirements for the purchase of these supplies under UASi and monitor development and status of the state's inventory management plan. 1. Regional 1.3order Projects (OPSG) Subrecipients are encouraged to prioritize the acquisition and development of regional projects on the borders to mexhrize interoperability and coordination capabilities among federal agencies and with state, local, and tribal law enforcement partners. Such regional projects Include: • Communications equipment; • Radio systems and repeaters • Integration with regional Intelligence and Information sharing effort (I,e. fusion venters) o intelligence analysts • Situatlonal Awareness equipment; o License Plate Reader Networks o Visual detection and surveillance systems o Sensor Systems o Radar Systems (for air andlor marina incursions) o Aircraft systems (manned or unmanned) J. Construction and Renovation (Sl-ISP and UASI) Project construction using SHSP and UASI funds may not exceed the greater of $1,000,000 or 15% of the grant award. For the purposes of the limitations on funding levels, communications towers are not considered construction. Written approval must be provided by DHS/FEiviA prior to the use of any HSGP funds for construction or renovation. When applying for construction funds, recipients must submit evidence Of approved zoning ordinances, architectural plans, and any other locally required planning permits. Additionally, recipients are required to submit a SF-424C Form with budget detail citing the project costs. Recipients using funds for construction projects must comply with the Davis -Bacon Act (codified as amended at 40 U.S.G. §§ 8141 et $eq.). Recipients must ensure thattheir contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character like the contract work in the civil subdivision of the State in which the wont Is to be performed. Additional information regarding compliance with the Davis -Bacon Act, including Department of Labor (DOL) wage determinations, is available online at https:!/www,dol,00y/�unc�/govcontractslc�bra.htm, K. Communications Towers When applying for funds to construct communication towers, subrecipients must submit evidence that the Federal Communication Commission's Section 106 of the National Historic Preservation Act, Pub, L. No. 89-665, as amended, review process has been completed. L. Disposition When original or replacement equipment acquired under a Federal award Is no longer needed for the original project or program or for other activities currently or previously supported by a Federal awarding agency, except as otherwise provided In Federal statutes, regulations, or Federal awarding agency disposition instructions, the Sub -Recipient must request disposition instructions from FDEM Office of Domestic Preparedness and the State Administrative Agency will request deposition Instructions from Federal awarding agency as required by the terms and conditions of the Federal award. The Sub -Recipient shall notify the FDEM Office of Domestic Preparedness at: 2555 Shumard 51 Oak Blvd., Tallahassee, Florida 32399 ono year in advance of the expiration of the equipment`s posted shelf -life or normal life expectancy or when it has been expended. The Sub-Recipfent shall notify the FDEN1 immediately if the equipment is destroyed, lost, or stolen. M. Requirements for Smaf l Unmanned Alrcraft System (SHSP, UASI, and 01380) All requests to purchase Smelt Unmenned Aircraft 5ystams (SUAS) wift) FENIA grant funding must comply with IS 426 and IS 438 and include a description of the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil Iibertles of the Jurisdiction that will purchase, take title to Dr otherwise use the SUAS equipment. N. SAFECOM Emergency communications systems and equipment must meet applicable SAFECOM Guidance. Sub -recipients must be coordinsted with the SWfC and the State inttaroperablIlty Governing Body (SIGB) to ensure interoperability and long-term compatibillty, 0. CYBERSBCURITY Sub -Recipients rrrust use HSGP funds fat, cyberseckidty projects that support the security and functioning of critical infrastructure and core capabilities as they relate to terrorlsm•preparedness and may simultaneously support enhanced preparedness for other hazards unrelated to acts of Eerror'tsm. P. Law I_nforcemer;it Readinoss (SHSP, UASI, and OPSG) 0PSG grant funds may be used to increase operational, material, and technological readiness of SLIT law enforcement agencies. Tire Delegation of Immigration Authority, Section 287(g) of the Immigration and Nationality Act (INA) program allows a state or local law enforcement entity to enter Into a partnership with ICE, under a Joint Memorandum of Agreem;�nf (MOA), to receive delegated authority for immigration enforcament within, their {urtsciietsons SHSP, UASI, or OPSG grant funds may be reoquasted and may be spproved on a arse -by -case basis for fmmigrltlon enforcement training in support of the border security mission. Requests for training will be evaluated on a case- tq-case basia and can only be used for certification In the section 237(td) program provided by 0I-IS11CC. SHSP, UASi, or OPSG Sub -Recipients with agreements under section 287(g) of the Immigration and Nationality Act (8 U.S.C, § 1357(g)) to receive delegated authority for immigration enforcement within their jurisdictions may also be reimbursed for sactlon 287(g) related operational activities with approval from FWA on a case,by-case basis. For OPSG, Sub-Reolplents must be authorized by US8P i-teadgttarters and Sectovs, and operational activties must be cWHInated through a VSBP Sector, Q. Maintsoance and Sugtairtment (SHSP, UASI, and OPSG) The use of DHSIFEMA preparedness grant funds for maintenance contracts, warrantees, repair or replacement coats, upgrades, and user fees are allowabie, as described in 1~ENIA Policy FP 206.402- 12.5-1 under all active and future grant awards, unless othenvlse noted. Except far maintenance plans or extznded warrar<ttes pttrahased incidental to the original purchase of the equipment, the period covered by maintenance or warranty plan must not exceed the POP of the specific grant funds The The to purchase the plan or warranty. Grant funds are intended to support'he Goal by funding projects that build and sustain the core capabilities necessary to prevatit, protect against, mitiyatg the affects of, respond to, and r over from those: threats that pose: the greatest risk to the security of the Nation. In order to provide recipients the ability to meet this objective, the policy set faith in FEMA's iB 379, Guidance to State Administrative Agencies to Expedite the Expencilture of Certain DHS1FEMA Grant Funding, Initially for PY 2007-20'I 1, allows for the expansion of eligible maintenance and sustainment costs which must 52 be in (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the Emergency Management Assistance Compact, Additionally, eligible costs may also be In support of equipment, training, and critical resources that have previously been purchased with either federal grant or any other source of funding other than DHS/FEMA preparedness grant program dollars. R. Management and Administration (M&A) (HSOaP & UASI) Management and administration (M&A) activities are those directly relating to the management and ' administration of HSGP funds, such as financial management and monitoring. Sub -Recipients awarded M&A costs under this agreement can retain a maximum of up to 5% of their total agreement i award amount for M&A costs, M&A activities includes: • Hiring of full-time or part-time staff or contractors/consultants: • To assist with the management of the respective grant program. • To assist with application requirements. • To assist with the compliancy with reporting and data collection requirements. Management and Administration (M&A) (OPSG) Management and administration (M&A) activities are those directly relating to the management and administration of OPSG funds, such as financial management and monitoring. Recipients may retain up to 2.6% of the overall OPSG allocation prior to passing -through funding to Sub-Reclplents, This funding must be deductsd in an equal percentage from each Sub-Reciplent. Sub -Recipients and friendly forces may retain funding for M&A purposes; howevsr, the total amount retained cannot exceed 5 percent of the Sub -Recipient's subaward. Friendly forces are local law enforcement entitles that are subordinate Sub -Recipients under OPSG, In other wards, friendly forces are entitles that receive a subaward from a Sub-Reciplent under the CPSG program. Frtendly forces must comply with all requirements of Sub-Reclplents under 2 CAR. Part 200, S. Procurement All procurement transactions Thrill be conducted In a manner providing full and open competition and shall comply with the standards articulated in; • 2 C.F.R. Part 200; • Chapter 267, Florida Statues; and, is any local procurement policy. To the extent that one standard is more stringent then another, the Sub-Reciplent must follow the more stringent standard. For example, If a State statute Imposes a stricter requirement than a Federal regulation, then the Sub-Reciplent 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-Reciplent 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 Bub -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 justificatlon of vendor selection. Contracts may Include: 53 State Term Contract: A State Term Contract is a contract that is competitively procured by the Division of State Purchasing for selected products and services for use by agencies'and eligible users, Florida agencies and eligible users may use a request for quote to obtain written pricing or services Information from a state term contact vendor for commodities or contractual services available on a state term contract from that vendor, Use of state term contracts Is mandatory for Florida agencies In accordance with section 287.066, Florida Statutes, Alternate Contract Source: An Alternate Contract source is a contract let by a federal, state, or local government that has been approved by the Department of Management Services, based on a determination that the contract is cost-effective and in the best interest of the state, for use by one or all Florida agencies for purchases, without the requirement of competitive procurement. Alternate contract sources are authorized by subsection 287.042(16), Florida Statutes, as implemented by Rule 60A 1.045, Florida Administrative Code, General Services Administration Schedules: The General Services Administration ((SSA) is an Independent agency of the United States Government. States, tribes, and local governments, and any instrumentality thereof (such as focal education agencies or institutions of higher education) may participate In the GSA Cooperative Purchasing Program, ). Refer to the appropriate GSA Schedule for additional requirements. T. Piggybacking The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The 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 consequences that apply if the Recipient or Sub - Recipient falls 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 54 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, e A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. e A provision specifying that any funds paid In excess of the amount to which the Recipient or Sub -Recipient is entitled under t"e terms and conditions of the agreement must be refunded to the state agency. • Any additional information required pursuant to s. 215.97, U. Unique Entity Identifler and System for Award Management (SAM) Sub-Reciplents for this award mast: • Be registered in SAM; s Provide a valid BUNS number; and • . Continue to maintain an active SAM registration with current Information at all times during which It has an active federal award. V. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within thirty (30) days after the end of the reporting perlods (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 withhold until the Sub -Recipient's reporting is current. ® If a report goes hvo (2) consecutive quarters without Sub --Recipient reflecting any activity and/or no expenditures will iiikely result in tenhhination of the agreement. Programmatic Reoorting Schedule Reporting Period Rep ort due to FDEM no later than January 1 through March 31 Apjll 30 ARM 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 2. Programmatic Reporting- Biannual Strategic Implementation Report (BSiR): After the end of each reporting period, for the life of the dontract unless directed otherwise, the SAA, will complete the Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT) https;/Iwww,reno0ina.oclodhs.aov. The reporting periods are January f -June 30 and July 1-December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reirnbursement may be withheld if these reports are delinquent. 3. Reimbursement Requests: 55 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) calendar dads of expenditure shall result in denial of reimbursement. The Sub-Reelpient should Include the category's corresponding fine 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: 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. 5. Administrative Closeout An administrative closeout may be conducted when a recipient is not responsive to the Division's reasonable efforts to collect required reports; forms, or other documentation needed to complete the standard award and/or closeout process. FI)EM will make three wrlttan attempts to collect required Infoimaifon before Initiating an administrative closeout, If an award Is administratively closed, FOEM may decide to Impose remedies for noncompliance per 2 C.F.R. § 200.338, consider this information in reviewaig future award applications, or apply special conditions to existing or future awards. W. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact KizzyK. Caban Amy Garmon FDEM FAEM 2565 Shumard Oats Blvd, 2655 5humard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399.2100 (850) 8164348 (860)815-4366 Kizz .Caban em.m lorida.com Amy. Garmonem.m florda.ccm X. Contractual ResponsigilitIes • The FDEM shall determine eligiblllty of projects and approve changes in Scope of ►Ncrk. + The FDEM shall administer the financlal processes. Y. Failure to Comply • Failure to comply with any of the provisions outlined above shall result In disallowance of reimbursement for expenditures. 56 ATTACHMENT C DELIVERABLES AND PERFORMANCE State Homeland Security Program (HSGP): HSGP supports the implementation of risk driven, capabilitles-based State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments (TH1RAs), The capability levels are assessed in the State Preparedness Report (SPR) and inform planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover frcm acts of terrorism and other catastrophic events. Planning Deliverable: Subject to the funding limitations of this Agreement, the Division shaft reimburse { the Sub -Recipient for the actual cost of successfully completing Planning activities consistent with the guldelines contained in the Comprehensive Planning Guide CPG 101 v.2. For additional information, please see hftp;/Lvwmw.Tema.aoyfodf/about/dlvisions/npyi PQ 101 V2.adf or grant guidance (Notice of Funding Opportunity). For the purposes of this Agreement, any planning activity such as those associated I with the Threat and Hazard Identification and Risk Analysis (THIRA), State Preparedness Report (SPR), and other planning activities that support the National Preparedness Goal (blPG) and place. an emphasis on updating and maintaining a current Emergency Operations Plan (EOP) are eligible. The Sub -Recipient can successfully complete a planning activity either by creating or updating such plan(s), Organization Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient for the actual eligible costs for Personnel, Intelligence Analysts, Overtime and Operational Overtime, Exercise Deliverable; Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient for the actual cost of successfully completing an exercise which meets the Department of Homeland Security Homeland Security Exercise and Evaluation Program (HSEEP) standards and is listed In A) the State of Florida Multi -Year Training & Exercise Plat (MYTEP), and 6) County or Regional TEP for the reglon In which the Sub -Recipient is geographically located, Information related to TEPs and HSEEP compliance can be found online at; httgs:]Awiw.lils.dhs.aovAiseari, For the purposes of this Agreement, any exercise which Is compliant with HSEEP standards and contained in the State of Florida MYTEP qualifies as an authorized exercise, The Sub-Rsoiplent can successfully complete an authorized exercise either by attending or conducting that exercise, Training Deliverable: Subject to the funding limitations of this Agreement, the Dlvislon shall reimburse the Sub -Recipient for the actual cost of successfully completing a training course listed on the Department of Homeland Security (DHS) approved.course catalog. For non -OHS approved courses the Sub-Rectpient shall obtain advance FDEM approval using the Nern-TED form by contacting their grant manager. The DHS course catalog Is available online at; httg://training feM%ggv/, For the purposes of this Agreement, any training course listed on the OHS approved course catalog qualifies as an authorzed course. The Sub -Recipient can successfully complete an authorized course either by attending or conducting that course. Equipment Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient for the actual cost of purchasing an item identiiiied In the approved project funding template and budget of ails agreement and listed on the DHS Authorized Equipment List (AEL), For the purposes of this Agreement, any item listed on the AEL qualifies as an authorized item. The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web -based version of the Authorized Equipment List (AEL) on the Lessons Learned Information System at http:Hbeta,feme.c:ov/autlzorized-ecuinment-Us. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses -for the requested equipment. 57 Management Deliverable, Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub-Reclplent for the actual cost for Management and Administration (M&A) activities, Costs for alfowablo Items will be reimbursed If Incurred and completed within the period of performance, In accordance with the Budget and Scope of Work, Attachments A and B of this agreement. 58 ATTACHMENT D Program Statutes and Regulations 1) Age Discrimination Act of 1976 42 U.S.C. § 610.1 of seq. 2) Americans with Disabilities Act of 1990 42 U.S,C. § 12101-12213 3) Chapter473, Flodga Statutes 4) Chapter 215, Flodda Statutes 5) Chapter 252, Florida Statutes 6) Title Vi of the Civil Rights Act of 1964 42 U.S.C. § 2000 st 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, Cost Principles, Representations and Certifications 2 C.F.R. Part 200 10) Debarment and Suspension Executive Orders 12649 and 12689 11) 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 Conseivatlon Act 42 U.S.C. § 6201 14) False Claims Act And Program Fraud Civil Remedies 31 U.S.C. § 3729-3733 also 31 U.S.C. § 3801-3812 15) Fiy America Act of 1974 49 U,S.C. § 41102 also 49 U.S.C. § 40118 16) Hotel and Motel Fire Safety Act of 199018 U.S.C. § 2226a 17) Lobbying Prohibitions 31 U.S.G. § 1$52 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) Terror;st Financing Executive Order 13224 21) Title IX of the Education Amendments of 1972 (Equal Oppeunity In Education Act) 20 U,S,G. § 16B1 at seq. 22) Trafficking Victims Protection Act of 2000 22 U.S.C, § 7104 23) Rehabllltation.Act of 1973 Section $04, 29 U.S,C. § 794 24) USA Patriot Act of 200118 U.S,C. § 176-172o 25) Whistleblower Protection Act 10 U.S.C, § 2409,41 US.C, § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310 26) 53 Federal Register 6034 27) Rule Chapters 27PA 27P-11, and 27P-19, Florida Administrative Code 59 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUES-RECIPII"NT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCU REQUESTED Advance payment of $ is requested. Dutanco o£payntents will be made on a reimburseniant basis. These funds are heeded to pay staff, axard benefits to clients, duplicate forms quad purchase start-up supplies and equipment, We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line Item Justification below. ES.TIMATI=D EXPENSES BUDGET CATEGORY/LINE ITEMS Fiscal Year 2020.Anticipated Expenditures for (list applicable line items) First Three Months of Contract For example ADMINISTRATIVE COSTS: 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 contract term. Support documentation should Include, but Is not limited to the following: quotas for purchases, delivery timellnes, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shurnard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any Interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE BY CASE BASIS* Signature of Sub-Reclpient/Subcontractoes Authorized Official Date; Name and Title of Sub-Recipient/Subcontractor's Authorized Official 60 ATTACHMENT F WARRANTIES AND REP119SENTATIONS pinancial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. ProcuremeI2 ! i 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 G.F.R. §§200.317 through 200.326), Business Nouns 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 8:00am to 5:00pm" *During the pandemic, City building has been closed to the Public but arrangements can still be made for a. visit if needed. Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Sub-Reciplent. 61 ATTACHMENT D Subcontractor Covered Transactions The prospective subcontractor, , of the Sub -Recipient certifies, by submission of this document, that neither it, Its principals, nor its affiliates are presently debarred, suspended, proposed for debarment, declared Ineligible, voluntarily excluded, or disqualified from participation in this transaction by any Federal department or agency, SUB -CONTRACTOR; By; Signature Sub -Recipient's Name Name and Title FDEM Contract Number Street Address DHS Grant Award Number City, State, Zip Date 62 ATTACHMENT H Statement of Assurances All of the instructions, guidance, limitations, and other conditions set forth In the Notice of Funding Opportunity (NOFO) for this program 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 terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a Sub -Recipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of . the Federal award. Sub -Recipients are required to comply with the requirements set forth in the government -wide Award Term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which Incorporated here by reference' in the terms and conditions of your award, All Sub -Recipients must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, Information, facilities, and staff. 1. Sub -Recipient must cooperate with any compliance review or compliant Investigation conducted by the State Administrative Agency or VHS. 2. Sub-Reciplent will give the State Administrative Agency, DHS or through any authorized representative, access to and the right, to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other Individuals and lnformation as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 9, Sub -Recipient must submit timely, complete, and accurate reports to the FDEM and maintain appropriate backup documentation to support Ilia reports. Sub-Reclpients must also comply with all other special reporting, data collection and evaluation requirements, as prescribed by law or detailed In program guidance. 4. Sub -Recipient will acknowledge their use of federal funding when Issuing statements, press releases, requests for proposals, bid Invitations, and other documents describing projects or programs funded in whole or In part with Federal funds. S. 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, 6. When original or replacement equipment acquired under this award by the Sub -Recipient is no longer needed for the original project or program or for other activities currently or previously supported by 63 OHS/FCMA, you ►rust request Instructions from FDEIV to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200,31 S. 7. DHSIFEMA funded activities that may require an EHP review are subject to FEMNs Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will in cease work In that area and notify the pass -through entity, if applicable, and DHSIFEMA. B. Sub-Reciplent will comply with the Applicable provisions of the following laws and policies prohibiting ► discrimination, a. Title" of the Civil Rights Act of 1964, as amended, which prohibits discriminatlon based on race, color, or national origin (Including limited English proficiency). b. Section 504 of the Rehabliltbtion Act of 1973, as amended, which prohibits discrimination based on disability. c. Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex In education programs or activittes. d. Age Discrimination Act of 1975, which prohibits discrimination based on age. a. U.S: Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion In social service programs, 64 Attachment V Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 G.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The following is a list of sample provisions from Appendix, II to 2 C.F.R. Part 200 that may be required:t Appendix ii to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the Inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such,sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. (C)'Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part,1964-1965 Comp., p. 33-0), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. in addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each _ solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"), The Act provides that each contractor or Sub -recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she Is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of I For example, the Davis -Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub. recipient may include the provision in its subcontracts. mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked In excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement' under 37 CFR § 401.2 (a) and the recipient or Sub -recipient wishes to enter Into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Sub -recipient must comply with the requirements of 37 CFR Part 401, 'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12089 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for Influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (J) See § 200.323 Procurement of recovered materials. (K) See §200.216 Prohibition on certain telecommunication and video surveillance services or - equipment. (L) See §200.322 Domestic preferences for procurements (Appendix 11 to Part 200, Revised Ef. .. 1111212020). Please note that the sub -recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Pail 200, Appendix il. ATTACHMENT Financial and Program Monitoring Guidelines Florida has enhanced state and focal capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. The Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of grant activity and Items purchased to ensure compliance with applicable Homeland Security Grant Program (HSGP) grant guidance and statutory regulations. The monitoring process Is deslgned-to assess a Sub-Reciplent agency's compliance with applicable state and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on -site ' visits. There are two primary areas reviewed during monitoring activities - financlal and programmatic monitoring. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements. It Involves the review of records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring seeks to validate and assist In the grant progress, targeting issues that may be hindering project goals and ensuring compliance with the purpose of the grant and overall grant program. Programmatic monitoring Involves the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during the monitoring process. Monitoring Selection and Scheduling: Each year the FDEM will conduct monitoring based on a "Risk Assessment'. The risk assessment tool is used to help in determining the priority of Sub -Recipients that should be reviewed and the level of monitoring that should be performed, It Is Important to note that although a given grant may be closed, it is still subject to either desk or on. -site monitoring for a five (5) year period following closure. Areas that will be examined Include: • iuianagement and Administrative procedures; • Grant folder maintenance; • Equipment accountability and sub -hand receipt procedures; • Program for obsolescence; • Status of equipment purchases; • Status of training for purchased equipment; • Status and number of response trainings conducted to include number trained; • Status and number of exercises; • Status of planning activity; • Anticipated projected completion; • Difficulties encountered in completing projects; • Agency NIMSlICS compliance documentation; i Equal Employment Opportunity (EEO Status); • Procurement Policy FDEM may request additional monitoringlinformatlon of the activity, or lack thereof, generates questions from the region, the sponsoring agency or FDEM leadership. The method of gathering this information will be determined on a case -by -case basis. Monitoring Activities: Desk reviews and site visits are two forms of monitoring. Desk monitoring Is the review of projects, financial activity and technical assistance behveen FDEM and the applicant via e-mail and telephone. On -site monitoring are actual visits to the Sub -Recipient agencies by Division representatives who examines records, procedures and equipment. 67 Desk monitoring is an on -going process. Sub-Reciplents will be required to participate in desk top monitoring as determined by FDEM. This contact will provide an opportunity to identify the need for technicai assistance (TA) andfor a site visit if FDEM determines that a Sub -Recipient is having difficulty completing their project. As difficulties/deficlencles are Identified, the respective raglan or sponsoring agency will be notified by the program office via emall. Information will include the grant Sub -Recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to FDEM for assistance. Examples of TA include but are not limited to: • Equipment selection or available vendors • Eligibility of Items or services j • Coordination and partnership with other agencies within or outside the region or discipline • Record Keeping • Reporting Requirements • Documentation in support of a Request for Reimbursement On -site monitoring will be conducted by FDEM or designated personnel, On -site monitoring visits will be scheduled In advance wIth the Sub -Recipient agency POC designated In the grant agreement. FDEM will also conduct coordinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. On-SItt@ Monitoring Protocol On -site monitoring visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Sita visits may be combined when geographically convenient. There is a financial/ programmatic On -site monitoring checklist to assist in the completion of all required tasks, Site ltlslt E eaarg!:LQrl A letter will be sent to the Sub -Recipient agency Point of Contact (POC) outlining the date, time and purpose of the site visit before the planned arrival date. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented In the grantee folder. 'The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented In the grantee folder before the site visit. On -Site Monl_toring Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted, During this time, -the purpose of the sits visit and the items FDEM intends to examine will be identified. All objectives of the site visit will be explained during this time. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visuallspot inspection of equipment will be conducted, Each item selected for review should be visually inspected whenever possible. Bigger Items (computers, response vehicles, etc.) should have an assst decal (information/serial number) placed in a prominent location on each piece of equipment as per Sub -Recipient agency requirements. The serial number should correspond with the appropriate receipt to confine 68 purchase. Photographs should be taken of the equipment (large capital expenditures in excess of $1,000, per item). If an Item Is not available (being used during time of the site visit), the appropriate documentation must be provided to account far that particular piece of equipment. Other programmatic issues can Do discussed at this time, such as missing quarterly reports, payment vouch er/relmbursement, equipment, questions, etc. Past Monitoring Visit FIDEW personnel will review the On-slte monitoring worksheets and backup documentation as a team and discuss the events of the On -site monitorfng. Within Forty -Five (46) calendar clays of the site visit, a post monitoring letter will be generated and sent to the grantee explaining any issues and corrective actions required or commendations. Should no issues or findings be identified, a post monitoring letter to that effect will be generated and sent to the Sub -Recipient. The Sub-Reciplent will submit a Corrective Action Plan within a timeframe as determined by FDEM. Noncompliance on behalf of sub -grantees Is resolved by management under the terms of the Sub -Grant Agreement, The On -site monitoring report and all back up documentation will then be included In the Sub - Recipient's file. Monitor�ng_Romaonsibii[tfee of Pass-thru Entitles Subrecipients who are pass -through entities are responsible for monitoring their subreciplents in a manner consistent with the terms of the federal award at 2 C.F.R. Part 200, including 2 C.F.R. § 200,331, This Includes the pass -through entity's responsibility to monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. Subrecipient responsibilities also Include but are not limited to: accounting of receipts and expenditures, cash management, maintaining adequate financial records, reporting and refunding expenditures disallowed by audits, monitoring if acting as a pass -through entfty, other assessments and reviews, and ensuring overall compliance with the terms and conditions of the award or subaward, as applicable, including the te;m5 of 2 CY R. hart 200. MM ATTACHMENT K EHP GUIDELiNES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal Environmental Planning and Historic Preservation (EHP) laws and requirements prior to Initiation of the project: • New Construction, Installation and Renovation, Including but not limited to; o Emergency Operation Centers o Security Guard facilities i o Equipment buildings (such as those accompanying communication towers) i o Waterside Structures (such as dock houses, piers, etc.) • Placing a repeater and/or other equipment on an existing tower • Renovation of and modification to buildings and structures that are 50 years old or older 4 Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security • Physical Security Enhancements, Including but not limited to; o Lighting o ;"enGing o Closed-circuit television (CCTV) systems o Motion detection systems o Barriers, doors, gates and related security enhancements In addition, the erection of communications towers that a're Included in a jurisdictfon's interoperable communications plan is allowed, subject to all applicable laws, regulations, and licensing provisions. Communication tower projects must be submitted to FEMA for EHP review. EHP SCREENING FORM SUBMISSION Projects requiring EHP review, the Sub -Recipient must submit the EHP Screening Form to the State Administrative Agency (SAA) for review prior to funds being expended. The SAA Point of Contact for EHP review is; Ms. Felicia Pinuq�k, Bureau of Preparedness — DoMestio.Securlty 2555 Shumard Oak Boulevard Tajlshasses, Florida 32399-2100 Tale,Dhene: 850-815-4343 FLP ub iss ons0em.myflodda.com If. The SAA POC will forward EHP Screening Forms to DHS/FEMA for review and approval. III. Sub -Recipient's must receive written approval from the SAA prior to the use of grant funds for project implementation. THE PROJECT MAY NOT BEGIN UNTIL FiNAL FEMA APPROVAL. IS RECEIVED. 70 ATTACHMENT L REIMBURSEMENT CHECKLIST PLANNING ❑ 1. Does the amount billed by consultant add up oorrectly? ❑ 2. Has all_appropriatedocumentation to denote hours worked been property signed? ❑ 3. Have copies of all planning materials and work product (e.g, meeting documents, copies of plans) been included? (Note - If a meeting was held by Sub -Recipient or contractor/consultant of Sub -Recipient, an agenda and signup sheet, with meeting date must be included). ❑ 4. Has the invoice from consultant/contractor been Included? (Note -- grant agreement must be referenced on the invoice.) ❑] 6, Has proof of payment been Included? Canceled check (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement ❑ 6, Has Attachment G (found within Agreement with FDEM) been completed for this contractorleonsultant and included in the reimbursement package? ❑ 7. Has proof of purchase methodology been Included? Please see Form 5 of ReportingrForms or Purchasing ,Basics Attachment if further clarity is needed. Sole Source (approved by I'DEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e,g. Quotewire, bid tabulation page) Consultants/Contractors (Note: this applies to contractors also billed under OWnfzatlon) TPA/MIN 0 1. Is the course DHS approved? ❑ 2, is there a course or catalog number? [] -3. if not, has FDEM approved the non-DHS training? ❑ 4. Have Sign -in Sheets, Rosters and Agenda been provided? ❑ 5. If Wiling for overtime and/or backfill, has documentation been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? Have documentation from entity's financial system been provided as proof attendees were paid? For backfill, has a clear dellneation/cross reference been provided showing who was backfilling who? 71 6. Have the names on the sign -In sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought? 7. Have any expenditures occurred In support of the training such as printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment? If so, receipts and proof of payment must be submitted. Canceled check (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement El 7. Has proof of purchase methodology been Included? Please see Fornt 5 of Reporting Forms orPurchasing Bastes Aftachrrrent lftirrthercierity is needed. Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e,g. Quotewire, bid tabulation page) EXERCISE 1. Has documentation been provided on the purpose/objectives of the exercise? Situation Manual Exercise Plan 2. If exercise has been conducted are the following Included: After -Action Report Sign -in sheets Agenda Rosters 3. If billing for overtime and 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 backflll, has a clear dell neationicross 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? [� 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 (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement [� 6. Have any expenditures occurred on rental of spaceilocatlons for exercises planning and conduct, exercise signs, badges, etc.? if so, receipts and proof of payment must be Included. Canceled check (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation 72 Credit Card Statement & payment to credit card company for that statement [] ?.. Has proof of purchase methodology been Included? Please see FoM- 5 of Reporting Forms or Purchasing Basics Attachment It further clarity Is needed. Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewll'e, bid tabulation page) Lj 1. Have all invoices been Included? E] 2. Masan AEI. # been identifled for each purchase? 3. If servlcelwarranty expenses are listed, are they only for the performance period of the grant? 4. Has proof of payment been included? Canceled check (Showing the transaction wes processed by the bank) Electronic Funds Transfer (EF'f) 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? [] G, Has proof of puraivse methodology been included? P/esae see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. Sole Source (approved by FDF-M for purchases exceeding $25,000) State Contract (page showing contract O, price list) Competitive bid results (e.g. QuoteWre, bid tabulation Page). TRAVEL/c9NFEREMCEs f. Have all receipts been turned in, itemized and do the dates on the receipts match travel dates? Airplane receipts Proof of mileage (Cecgle or Yahoo map printout or mileage log) 'toll and/or Paridng receipts Motel receipts (is there a zero balance?) Car rental receipts Registration fee receipts Note; Make sure'that meals paid for by conference are not Included In per them amount [� 2. If travel Is a conference has the conference agenda been included? a 3. Has proof of payment to traveler been Included? Canceled check (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit CarJ Statement & payment to credit card company for that atatement Copy of paycheck if reimbursed through payroll 73 ,SALARY POSITIONS 1. Has a signed timesheet by employee and supervisor been Included? Timesheat must certify the hours and information presented as true and correct. 2. Has proof for time worked by the employee been included? Is time period summary ; Included? Statement of Earnings Copy of Payroll Check Payroll Register For fusion center analysts, have the certification documents been provided to the SAAto demonstrate compliance with training and experience standards? ORGANIZATION ❑ 1. If billing for overtime and backfill, 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? FOR ALL REIMBURSEMENTS - THE FINAL CHECK ❑ 1. Have all relevant forms been completed and Included with each request for reimbursement? ❑ 2. Have the costs incurred been charged to the appropriate POETS category? ❑ 3. Does the total on all Forms submitted match? ❑ 4. Has Reimbursement Form been signed by the Grant Manager and Financial Officer? ❑ 5. Has the reimbursement package been entered into Sub -Recipients records/spreadsheet? ❑ 6. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? ❑ 7. If this purchase was made via Sole Source, have you included the approved Sole Source documentation and justification? ❑ S. Do all your vendors have a current W-9 (Taxpayer Identification) on file? Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations._ 74 ATTACHMENT M CERTIFICATION REGARDING LOBBYING Check the appropriate box: This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix ll(I); 31 U.S.C. § 1352; and 44 C,F.R. Part 18. ❑ This Certification is Dol required because the Contract, Grant, Loan, or Cooperative Agreement will be less than $100,000, APPENDIX A. 44 C.F.R. PART 1S -- CERTIFICATION REGARDING LOSBYiNG Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the'entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its Instructions, The undersigned shall require that the language of this certification be included In the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code, Any person who falls to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each such failure. The Sub -Recipient or subcontractor, City of Miami , certifies or affirms the truthfulness and acc racy of each statement of its certification and disclosure, if any. In addition, the Contractor under 'a ds and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Clai an Stateme ts, apply to this certification and disclosure, if any. Signature, of Sub-RA.cipient/subcontractor'sAuthorized Official Arthur Noriega, City Manager Name and Title of Sub-R cipientlsubcontractor's Authorized Official Ul 1 i� Date 75 ATTACHMENT N REPORTING FORMS An Excel version of the following forms along with Instructions will be provided separately, OWMION OF EMUROMNOYMANAOEMENT PlnanglatAlstory anti Porfortnnrtoo Traaklria FORM IA REMIPIMNT/GRANTEE aonasrdaNTa I�a•ow'ru last tltr.N Arltlm_a CUARTGRLY RaPORTWO OUR OAMQ eh'/, 8tulu Zlp Ca be . Sr bara{ytdtdct th..Yerrwfof svrA.eX Aarr��r(.rAtan w r P00 N.A. Per o41 3Wec1 PArtod.r Pgdarm 1. Plnanatot Lsforle Ranort For dlr-Ills aellah 11,91 luar );rne OnloHory 4umtedy Panda Total Allo.elud Ilapend.d T.BII Fruntls Cupondgd Hxp•ndrmra(n} Cgnipleaon P a bf ft•rl{--a. do,.... Plntl _Date S - _ _' -' - - �SGAO - 64.110 30.0e_ - - MOD O, enlintlon CaAla fnpsan( W to des of read A-1d) T.tal lFxpen�dllitr�a PorYonnanoo Trnnklnr - PreD.*7M. Ogle Pie acted lio"ll rsU. ".A. Alleoabd J Uory 91grk Bgta �93lKaR1L� pr.� et 91Aala IN hnln Cen.b to �• - ••.__ _- 71 — TOTALfer AVrrmeem.reaml j -� 41 {:�unraailw rYnmi51 YraHOW ly aillgml{INn rLY ROImlYdaem.nt Will Rom.had I Itata by eenlry fhgt Oro wbovv egra qro troll and vend moat 4,411—d to dnoerdnnoo Wuh the Prato of ogre onions, •elUnocl: �- Dal. Ornnl Mann9er �� 1 h.rally o•1f11y thnt llta above allots are mo qnd valid oomr Inoufmit In eeoerdmnno wlth the Vol aof naroom. nt. 91011otl: --. - Oates - Flngnglat Delmer Wwo.mm hr. roparl. 1 endby b 1ho bor a o(n1 y k Misila. and -Ur -,hot 4laren..1Is oue,Aaaiidolo. and ae.uralo. end the .npenNlarna. MeuaoamenlA and—h rY bl. aro Ir Ule .PY,Papen and ablaGlMle rnl !ndh In Ulm I —A and eermfillgtV: of the Padnrnl nward.I mat Ilw— hat ehy Nlan, fmdllaun. erlrolldalanl IMemld Unn,.11hg elnlaalgn al onyrnalartnl Wa Tay .Yolanl Mm to erlminnl. e1 V1 mr pdrntalaball- Na1lolUo> for fraud.. fa. atgbmalte. r.laa dalina or alhmlwef o, DIV(DIMN OF F3N/EIiO6NOY MANAGEMENT Quafiorly-status Rapart FORM 113 Rgolprent ADfIL•HmflN7YF fa•osiH tope . BIr.p1 A...s INOTRrtOTIONB cny, umm sl>_ Ij Far Instruaflons on aomplota Intl POO Namn 1.�_ Wok lho HELP bbffo.._._..—_.—_..�.._—.....____......_......_ ....—._w. .._... _. _I i . i I TW),Lr,L(Clk qf_ L'VPNf3 NCR RGPgFMNG pERICo. .. _ 1 4 1 ETHER (Opllanal)• Cpn mEnit Iatnmal --P.I AWae rot yet aloonnd wefler cny PrntoolW balm" ern. nr) acn Q.a coal aaWlHa W Puraeiletl ptc{ects), i 1 i 'ISCHNICAL A98113TAN09 I Is Iedtmldol malelanca nelydad: 1 u'yge", are yal mglroollnH. onaHo deltaptwro agfl I I hemby a.lON thatth• Above hlforalgttan pr—M.d qro true and the aeat(o) are vnII4 aaat(q) Jnamred In gaourdenom W101 the pr.jo.l mumatnent. Btu raa: Onto: atagt Manap.r - I I By armalnp hie roP.rl I wafer t. me bile{ Only htl.Ntodpe qnd bomgf that the mpoe la Im.. mampWI., qnd aeeurele, and ma onn ndlltlrna. dloburganrento and mash emoalplm ntm mr the i sum.... and oblaf[u Ioaf kllth Who bane and eondhtana.f um Paderotaward. r qm Awam Plat anyIels., Ikndmlre. or raU4YtmnlhuLrquUion, or Ilia nm[aatenof.aymemrlol I-L mmy aubjammo1a t:dm1„aI, dNl or adg11a1gIMy�.r pea.lu—far food. tabe olatNnral+, adso aldbnu or Whir w.o, t 76 l 1I • 1 DIVISION OF EMERGENCY MANAGEMENT REIMBURSEMENT REQUEST Form 2 4 .6 RECIPIEWIGRANTEO AGREEMENTtA I6•OS•TO r test r--- StrestAddrtes AGreemenlAmatatt Clly, State zip Submtsslon 0ste } POC Name Payment POC Phone PsymentArnnunt ICOSTS 1NCURREbDURING THE PERIOD OF: July1.2015 -- THROUGH Sep tembarW,2014 Shaded =113 am dolculutad far you, You do not need to onto enythiny Into shaded calls. THIS MUST BBACCOIAPANIED BY T11E DETAIL OP CLAIMS PORrd 1, Planning Expenditures 2, Training Expenditures 3, Exorcise Expenditurea 4. Onoanizatfonal Expenditures S, Equipment Expenditures S, Managemont and Adtnlnistro6on Expenditures TOTAL. EXPENDITURES 1 harahy as dffy, that the above oests are true and valid aorta lnourrad lit a000rdanco with the projoal agreamont. Signed: „'� Data: Ognt MAnagor .1 haroby aartlfy thattho above costa are true and valid onwe lncurrad bn aoaardanao with the prole.! adreareartL 9lgned:Onto: Financial ORiaar tly algring We report, I cnrdfy to the Beal of my knowdodgo and lfailaf llmt the report to true, eampota, end acourela, and the aYpeneilutva, dlsbummnoals and aush racttlpts we far Me purposes and ob/eathao set rarlb In the teams and somfitlans of fhe Fndoml award 19m memo that ony fajso, 9CIIItaU9, or lraudtdorrt infdmiallon, or UW ot:dssloa at say mntodal tact, may subject mo la arlmloul, oMl orad iWafrothe ponolDds rar baud, fnlsa statements. Was, claims or alhorwlae. TO 30 COMPLETED BY DEM STAFF AGREEMENTAMOUNT PREVIOUS PAYMSNT(S) THIS PAYMENT $0.00 REMAINING SALANCE $0,00 DEM PORMI CPl3. D afi4 77 TOTAL AMOUNT TO BE PAID ON THIO 4111010E - r SD,00 DATE OU13MMED TO P13PAI -- ------ -------- ........ .. --- - ---- ---- . ...... ... . ......... .......... ... . ........... ............ . . .......... ....... 78 — - - — .Mr Ja4:aG�a1 �._._ __^mow -�^_-._-__ _ __,�'- - - - ..,..•....^.��.^_.. ^=i :.'CS ��?.� '�•'i:.S:^y - '"'-- _._ rt. �-,v�rv<T-:.,'+.-nrr�gr:s � ^�': - ""'.t.�,:".ii.� �-,w _r:'�uxi'4es'e_-1 _ .� as • �_.. � - y_ �1-'-rc—•z—, �.--.� -�'� — - _ "- _ _ — _ _ - ova __ - rau■immv ` _..�_ .-.._. - - r"'r.a•Mr u-r--•^ � „��_�_.,... - �:1.: �.. =.:� - _ __--- '__•.Vim"..'". :':' _. ■ __ � •aau iNr^ram � �sTsie:$:ar.:-�-^:� �.:='�.:� _ 79 DIV)SION OF 6M£RGENCY MANAGEMENT Procurement Method Report Form B Von vier Name,: Agrootnonl d1 ie'.➢8•T0 Involve Or Involve Amount.- Atkah to APP11001t Invol.a - - 7}tam)+mtmttar be used to eummndw mol7rodeaf/y lbr agpraourornanly, All forma mon0oned am avollnblo a0 )tit •1h . tt na di , o,yU/y)1nro+«+:0��}3/an u.-Your SubreelP/onfnmwf oHooh !he, facrom)!y dobanod4al7apanded wndora of Syclmn rnrAuanl FfonopaMent (pmW.aruJy vel7od 6xcludodPerGno Uat SyWarnJ at dnwaom.flov priorlo execrnlon oronyplocrrlamad orconusat Oheok appropriate boxes baloey System for Award Manaeoment (SAM) Chsoked Systemfor Awrinl Manaoonerrd (SAIA) fordnhsnnenNalwpenalon (pdfd page and suarll). U tvo eearrh wan Iotral fortiie vendor, colnpl to Ode n FDEM dobarmanNsuspenelert fwm toaslw In the grant owavoxmL Affirmative Stapa a VLhlro woruuvryolflanagw stops taken to .,.we Ihnl minoritybu rinsavoo, wamcdo ordorprinco, o+W tnberuciplua Ntm area tirtn.a wad? Vendor Noma _ Vendor Typo! Ara.unb Vendor Nnmo: Vendor Typo•- Amount! Solo Souroo and Single Vendor Response to a Cornpotitive Bld All sell anunce pmcurarrerde and alrala vandarmaponas to a eolppadUvo bid m ildra pro-approwl fly 01v Florida DIV,ulon ofEmorgemy lrYvugfxn.ot O Don-110 Soovfty Ural and use of ow solo Soulca Faint, FDF We cols anuroa cpproval dvoumonlatlun vdll be maintained In bogs tiro pdsdlotlonal and FDEM grantflle.. State Tarm Contmot Ststa Tarm CaNraol lowhon ooNmcled vondnr(s) provide opac(Ua cominedlles end aaMce pordrovaa to ellanolan cow177 no-rtooded baalD torn apodgod podod of timn. Vendor Name: _ Ameum: state Tan» COnlrorll fl; .Dlsorot)enary Purchases Puroh000s up to $2A9D: shollbo eorrlod outliving send Purohaslne Praotloos Whfoh may Inafude Wriften quatntionv or WNRan racers of talophono quotes, C) '%D•S2,499-SolFn.aum too and nJoqunly aompelllon mull he, doaumonlod for)urindutivn's cram Alan. Purehnoas eroator than $ 2,60(ibut ls. grail $36,000: R.qufroa nl lorrot tWo (2) doeuhtanied writion quoWtivns. Dooumontad 0tuetaa muatbo an.chad. Ci 32,1500.6b4.90-11erflkall6h 6lalwnsnl mqulrod formlmburoumont ifornooh proamomung. 1. Vendor Name Amaunh 2. Vendor Name, Amount: 3. Vender Nam. Amounts Boloollol/ Moll+od JA Jua9tto radon; alum AY,nllarel Year in M N,.GaY Im nnitnwbn Or 9alvallon pl.,naa y,4.aY enY Jptnn4lnaY pr Yen ml0n Formal SolioNatione . 60000 or Worse (6DW) must be provided. M 936,000•Gmater-Wdflan aolleltatronragtAmd and pm-approva!from FOtN FDEM Pr.-Approwr rocelvad date hYllPgon to Bid, Raquont far Proposal or Invitation to Akootlolo doammnla, Publleltod sdvolf)sement erdfor ed(dlaUalm. List all subnUllod praposalv/valxlorarsl Use bill smats+ts, Vu1War evmrd/notaoflon odlatla, JLmUOwOnn elalmtwd vs to vNrywndot woe dmaon, Conurtol avrard)changa ordamlgovialanalArnea lmunlaloto, Altoenattyc Contrnot Source GORIAIDdlelea Or ODFVJ00s nvnlfabls to the State via all Milo dontrAol vahlolo. Acopy of the executed eonneat must be, subntlitvd. d -Soureing from a PlaerybAak Contract or General 6anloov Admktnrallon approved vendor seta (30-S110,000) 1. ApplicabW GvvdmnteM Catunct 2. Vendor Name, - If GSA contract requires additional quotes planes submit them along With this report. 1 aornry Ilse above Informn0on Is true and aecumlo and dovmllontnllon ralAtod to this pmauroment Ic an file and available ripen roqu.m. Great Panauir 8ivilntaty --J oars Padem7fakY Proturomant n.hm,ata Print Nalue and Tlllc SoA1.0a2 PWMAWWri.lranwaWa ov Malice tma fep.d. I ce Mly M fh. hod ar ny L—kdpt tad belle) Met Ibt upon I. Into. templtL, cad atturolq end it'. -r-111—a di.4toe.mma end eeWi maelpt... Mrlho Pwpobad and eel.oilOaa Lf fedh J. (he tarn...so condla.Aa or me Pedant award. I cal sWArt that any knlOa, ned6olla of fteadalbaf lntamallon, or Ih. oml,.J d of any material fact, May colonel me, le.riminal. 70-067P,e. 61e1. or nlalda aMlWu civil or adminiLira 11- panolveekrlraud, in lot cukmank faiw.klmu wear amuo. ThIn roport mttert be used to sUnit marizo the mothaciolony for all pro*uromonts 2Crn2ran.317.200:J20 aodaofF .4tdnog,i lose so DIVISION OF EMERGENCY MANAGEMENT CostAna{ysis Farm 6 It aquh,.,dSigns fures: Odgfnvl Ink BMGET DkTdI COST Ming_ DxketkemsbdawtobetuMedbytheContractor. Sea attached hsndicas, UAn*yxtotamryctedbythe rAWrantCuntrad Amer. See sltahed to nr ws 00 hIEFCS L 3E9SQNI FZ�fF:lm"ES aweva UyAnAg A Sasyr •ItlaralT1D)Posthnj havycest(s) wM MAIN . ' 25' 40 • 1070 r 0 s• 0 7otatSalad49 ICGO a Fria&1neR5(PMe�+TotdHfAesaQPKatkj Rita% Totd.%tkpp. TO Thtal Pcasonn¢I • enses n+e �• ,xs DascnatUn U^t Cat f Qsrarl!Ay 7otaL; 0 s. 0 a • 0 ��— Total Su fr 0 3, L41oma . tA'�04flai lath oxt s Qumldy Tatars; 0 tgta{ Eouhurmt 0 .••,w 6. Stan3 Par Fael Nrpra:JG.staw oats Too Pala1 Mew TOW) I e I+I s ja 0 ~ Val Trawl 0 m;�x,Errrs ltmvrh' %P # I S•• 1 Ones! IsLM 5. rnrrl^rrtu� ysnu orseNees kejPale; hlM Tot* S e itial Dwrxw L411O 1; . Q.antxy TEA* + 0 D � b Tat>! sssllanean9 0 • SUMULIMIU6) T. 4ej1wdrA test •amc ?ataRai Totz15 9, Total-ftfdot 100 14- UMMU { ca try that Iha ast fa Bath 0 e 1¢m bt d;at cdeQUI has been evaaM rrd dotourbed :o to aroweme, redctsabk, and neMMyas rtqu'cd by S%Udn 116.3415tToWStatutes 0aamentatbh5xtxhadeddcncr.Q:hemathaCowyuxdaMkhettncetskasrcYhed Nance: 81 DIVISION Of EMERGENCY MANAGEMENT TWE AND EFFORT FORM T This form is rogOrod to accompany rolmbursoment claims for salaflos charged to lice grant, Employee Name. - Pay Pedod., TO Indicate CoufeactedHoms forhyPerlod Weeklt Dates to`. Week2t Dates to Grand Total Pro,'htType S S M T N T P T.q(a ° S S I T W T F_ ] SESPH&A 2 3 51 10 t5 2 3,5 13.5 � INanniiw, a o a 3 0 bantLsiian a � � 21 3 4 1 31 12 3.5 1 4,5 _ 16,5 :7 Plallnll;g I 1 0 ot 4 G vacation 41 2 6 14 1 91 13 23 7 Sick Tmla 0 3 3 3 g 0 0 0 g 4 0 4 10 0 0 0 11 a 0 0 12 a o a 13 0 0 0 14 0 a a D;flly Totals 0 0 8 8 8 a 8 32 0 0 0 8 8 FS a 24 56 WeeltDneTotal 32- : -. WeekTwoTotal 24 56 T hereby cettity slat the allove allocatlon of lily flute N aecw de for le ante period in notch this repast covets, 111106yes sipmfure; Dote; I hereby certity that to the beat of my knatrtedge atul 6c W, Ito spatted time altaeatlon mitered in this reparf is accurate and iaacco*tce aithLocal,State, aadNOMI &90, 0rs aad Gulduace peliolnhlg to rQb1butaelant on;Tmlfaland Sauk Giallt lUltds. St, rv6ar51 uaiule; Dole; By sigulog this lT1101i, I certify to the best ornly kllmlledgo and hellef tlfat [be aepoli la clue, complete, altil aeeurato, and (lie espondliures, dtabmiomeuis arA eaSh tecolp4 ato for tlw parposes and obi dues Sol folill In Ito temis mnl cmldiflons of the hdeml annul, him aieare Mot any rose,11CHIons, or orthe alnission of any mateiial fact, may subject ine to crimlual, dvd or adnll6ttullve peuattles for It"1141-ll�So Statements, I& claluls or athontise. CLOSE-OUT REPORT FORM 8 This farm should be completed and submitted to the D(VgIGn no later than sixty (60) days after completion of projects or the termination date of the Agreement, whichever occurs Brst. test 16 pS-76 RECIPIENT I GRA NT E5 AGREEM ENT't Street Address ADERMS AOREEMENT AMOURr I City, State ZIP_ C ITY A NO STATE l t! COST *ATE CCRIEC 1=l � TOTAL. RXPENDITURaO 2.710d'q Caul. M-1.0 costa 4. Utpur/zslian Caeta 0. EqufPnnnt Aen,tsltlaa Cola e. MMIV -t mN AdNrhilat.. Calls TOTALWENIPMRSA AaRE_-MFAT PERI00 OP MWORINANCE (al . DATA aXP%H0IT11Ra101 PATMRNT RaCMV50 Please Indicate Amounts For The Following: Was Equipment Purchased? YIN B yes, provide final equiprrant Hat prior to close-out Agreement Amount $ Nlere Funds Expended In accordance Total Exper"ditures with agreement terms? YIN. Deabitgated Funds All quarterly reports submitted up to current reporting period? YIN Indicate Amounts Related to Advance(s): REFUND AND/OR FINAL INTEREST CHECK ff nct appllcabia, please proceed to next seoflon Total Amount of Advance(s) Recetted Reiurd and/or flnai interest check Is due no later than ninety (90) clays after the expiration date of the Agreement. Total Expenditures Doobilgated Amount ofAdtiwce Rec'd 141ako Cashier, Division of Fanergertcy Interest Carned on Adwrce" check Management payable to Malt to: Florida Division of Emergency 2555 Shumafd Oak Eoulevard Balance ol'Agreetment awed to FDEM J Tallahassee, Ft_ 32399-21eo 1 hereby certify that the above cort(s) are true and valid costs) Incurred in accordance wlth the project agreement I hereby certify that the above costs are, trtie end valid coats Incurred In accordance with the project agreement. Signed: Date: Grant Manager Signed: I Data: el.,.,....l�l nF41noH 13y signing this report, I cartity to the best of my knowledge and ballet that the report Is true, complete, and accurate, and the expondituras, disbursements and cash reeelpts are for the purposes and objectives set forth In the termsand condltlons of the Federal award. I am Mara that any false, fictitious, or fraudulent Information, or the omisslon of any material fact, may subject the to criminal, civil or admialatrative penalties for fraud, false statements, false claims or otherwise. 83 AGENDA ITEM SUMMARY FORM File ID: #8649 Date: 02/17/2021 Requesting Department: Department of Fire - Rescue Commission Meeting Date: 04/08/2021 Sponsored By: District Impacted: All Type: Resolution Subject: Establish Special Revenue - Urban Area Security Initiative Grant Program Purpose of Item: A Resolution to establish a Special Revenue Fund Project entitled: "The Urban Area Security Initiative ("UASI") Grant Program FY 2020; appropriating funds in the amount of $14,012,500.00 received from the Department of Homeland Security, passed directly through the State of Florida Division of Emergency Management and authorizing the City Manager to execute Memoranda of Agreements ("MOA's") with contiguous partners, outlining their responsibilities in connection with their support of the UASI Project administered by the City of Miami Department of Fire -Rescue. Background of Item: The United States Department of Homeland Security, through the State of Florida, Division of Emergency Management ("DEM"), has sub -granted the Urban Area Security Initiative ("UASI") Grant Program FY 2020 to the City of Miami and contiguous partners in the amount of $14,012,500.00. This program targets homeland security funding to "high threat" urban areas in order to prevent, respond to, and recover from threats or acts of terrorism and other disasters of natural or man-made origin. These funds will be used, as stipulated by the grant, for the purchase of specialized equipment, to conduct exercises, training and administrative services, and for the development of the Urban Area Homeland Security Strategy, and other planning activities, needed to ensure a successful program. Exhibit 1 is to be provided at the time of execution and is to be included as part of Exhibit 2 of the item. 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, the Village of Key Biscayne, regional projects shared across the entire region, and Florida Department of Health, setting forth the parties' responsibilities in connection with the development and support of the UASI Program FY 2020 which is administered by the City of Miami Department of Fire -Rescue. Budget Impact Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $14,012,500.00 Special Revenue Account No: 11100.189000.431000.0000.00000 Department of Fire -Rescue Johnny Duran Department of Fire -Rescue Eloy Garcia Office of Management and Budget Pedro Lacret Office of Management and Budget Leon P Michel City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Office of the City Attorney George Wysong Office of the City Attorney Bamaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Reviewed By Fire Budget Review Completed Fire Chief Review Completed Budget Analyst Review Completed Budget Review Completed City Manager Review Completed Legislative Division Review Completed ACA Review Completed Deputy City Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 02/17/2021 3:28 PM 02/18/2021 7:59 AM 02/18/2021 2:00 PM 02/18/2021 9:21 PM 02/18/2021 9:56 PM 02/25/2021 4:42 PM 02/25/2021 5:24 PM 02/25/2021 5:41 PM 03/01/2021 11:37 AM 04/08/2021 9:00 AM 04/19/2021 12:40 PM 04/19/2021 12:43 PM 04/19/2021 12:43 PM ,ca�lSlAiSx �,V Or 7 G ; Ceti City of Miami �i. 1 !* P°Q1/ 164111 City Hall Legislation 3500 Pan American Drive Miami, FL 33133 rz� Resolution vwvw.miamigov.com Enactment Number: R-21-0142 File Number: 8649 Final Action Date:4/8/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2020" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $14,012,500.00, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("GRANT AWARD"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE FEDERALLY -FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH SAID GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND THE FISCAL YEAR 2020 UASI GRANT PROGRAM, AS NECESSARY; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSES PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CONTIGUOUS PARTNERS OF THE CITY OF MIAMI ("CITY") SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY'S DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. WHEREAS, the United States Department of Homeland Security ("USDHS") is authorized by the Emergency Wartime Supplemental Appropriations Act of 2003 to provide funds to states for subsequent distribution to selected urban areas to address the unique equipment, training, planning, exercise, and operational needs for large urban areas and to assist states in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the USDHS, through the State of Florida Division of Emergency Management ("FDEM"), has sub -granted an Urban Area Security Initiative ("UASI") Grant Program for Fiscal Year (TY") 2020 to the City of Miami ("City") in the amount of $14,012,500.00; and WHEREAS, the City's Department of Fire -Rescue ("Fire") 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 ("Project"); and WHEREAS, in accordance with the UASI Grant Program FY 2020, the attached Memoranda of Agreements ("MOA") with the City's contiguous partners, including Broward County Emergency Management ("BEMA"), Broward County Sheriffs 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, the Village of Key Biscayne, regional projects shared across the entire region, and The Florida Department of Health will provide the necessary guidelines to coordinate the UASI Grant Program FY 2020 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 2020 RESOURCES: USDHS directly to FDEM $14,012,500.00 APPROPRIATIONS: $14,012,500.00 Section 3. The City Manager is authorized' to accept said grant award and to execute the federally funded sub -grant agreement, in substantially the attached form, for said Project. Section 4. The -City Manager is further authorized' to negotiate and execute any and all other necessary documents, all in forms acceptable to the City Attorney, in order to implement the acceptance of and compliance with said grant award. Section 5. The City Manager is further authorized' to extend the FY 2020 UASI Grant Program, as necessary. Section 6. The City Manager is authorized to execute MOAs, in substantially attached form, with the City's contiguous partners including BEMA, 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 Sheriffs Office, the Village of Key Biscayne, regional projects shared across the entire region, and The Florida- Department of Health, for the purpose of setting forth the parties' responsibilities in connection with the development and support of the FY 2020 UASI Grant Program administered by Fire, an UASI sponsoring agency, contingent upon funding of said Project being secured. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 ' 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 City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. APPROVED AS TO FORM AND CORRECTNESS: i ria ' dez, ity Attor iey 3/1/2021 a35��