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HomeMy WebLinkAbout23979AGREEMENT INFORMATION AGREEMENT NUMBER 23979 NAME/TYPE OF AGREEMENT STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT DESCRIPTION MODIFICATION #1 TO SUBGRANT AGREEMENT/EXTEND UASI FY 2020 UNTIL JUNE 30, 2023/ FILE ID: 8649/R-21- 0142/MATTER ID: 22-884/#42 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 5/23/2022 DATE RECEIVED FROM ISSUING DEPT. 7/14/2022 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Fire -Rescue DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "State of Florida Division of Emergency Management" IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES X NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT PROFESSIONAL SERVICES AGREEMENT X GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT El PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY PURPOSE OF ITEM (BRIEF SUMMARY): To extend UASI FY 2020 until June 30, 2023. 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 APPROVAL BY DEPARTMENTAL DIRECTOR 4/25/22 PRINT: T. McGann, AFC Ayy� SIGNATURE: _/ SUBMITTED TO RISK MANAGEMENT 4/25/22 PRINT: ANN — MARIE SHARPE SIGNATURE: SUBMITTED TO CITY ATTORNEY 5/9/22 5/1 PRINT: VICTORIA MENDEZ ' _ -' G/2Z1 ' •••'fa-v- . T -884 APPROVAL BY ASSISTANT CITY MANAGER P : SIGNATURE: RECEIVED BY CITY MANAGER , ` '� �1j/ \ \ PRINT: ART NO EGA SIGNATURE• 1) ONE ORIGINAL TO CITY CLERK; 2) ONE _COPY TO CITY ATTORNEYrS_OFF(CE, 3) REMAINING ORIGINAL(S) TO; ORIGINATING DEPARTMENT PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER MODIFICATION #1 TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF MIAMI FIRE RESCUE This Modification is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and the City of Miami Fire Rescue ("Recipient"), to modify Contract Number R0232, which began on May 17, 2021 ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Recipient under the State Homeland Security Grant program of $14,012,500.00. WHEREAS, the Agreement expired on December 31, 2022; and, WHEREAS, the Division and the Recipient desire to reinstate and extend the terms of the Agreement; and WHEREAS, the Division and the Recipient desire to modify the Agreement; and, WHEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph 8 of the Agreement is hereby amended to read as follows: This Agreement shall begin upon execution by both parties and shall end on June 30, 2023, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. 2. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. RECIPIENT: THE CI By: Name and Title: Date: `ri/ / �y i Z' F MIAMI FIRE RESCUE DIVISION OF EMERGENCY MANAGEMENT L/ C' % Hanel ek- By: itni/jartedos Name and Date: evin Guthrie, Director Z(/ 2 - ac ATTEST: Todd B. Hanno City Clerk APPROVED AS TO FORM AND CORRECTNESS By: Victoria Mendez City Attorney TMF MID 22-884 For Modification #1 to Subgrant Agreement Between the Division of Emergency Management and the City of Miami Fire Rescue (R0232) THE CITY OF MIAMI, a municipal Corporation of the State of Florida By: Arthu Noriea City Manager APPROVED AS TO INSURANCE REQUIREMENTS By: Jfil6)— 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. AGENDA ITEM SUMMARY FORM File ID: #8649 Date: 02/17/2021 Commission Meeting Date: 04/08/2021 Requesting Department: Department of Fire - Rescue Sponsored By: District Impacted: All Type: Resolution Subject: Establish Special Revenue - Urban Area Security Initiative Grant Program Purpose of Item: 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 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 Sheriffs 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 Department of Fire -Rescue Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division Office of the City Attomey Office of the City Attorney Office of the City Attomey City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Johnny Duran Eloy Garcia Pedro Lacret Leon P Michel Arthur Noriega V Valentin J Alvarez George K. Wysong III Bamaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office 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 Attomey Review Completed Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 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 City of Miami Legislation Resolution Enactment Number: R-21-0142 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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 INFORMS 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 ("FY") 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 Sheriffs 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 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. APPROVED AS TO FORM AND CORRECTNESS: 3/1/2021 2 If the Mayor does not sign this Resolution, it shall become effective at the end of (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. 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 "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program.' As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non -Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity," As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass -through entity to a Sub - Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass -through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: Sub -Recipient's unique entity identifier: Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass -through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub -Recipient by the pass -through entity: Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass -through entity: Contact information for the pass -through entity: Catalog of Federal Domestic Assistance (CDFA Number and Name Whether the award is R&D: Indirect cost rate for the Federal award: 1 City of Miami Fire Rescue 072220791 EMW-2020-SS-00035-S01 9/1/2020 — 08/31/2023. _ DOE — 12/31/2022 $14,012,500.00 $18,179,804.42 $14,012,500.00 See Article 1, Agreement Articles; Dept, of Homeland Security FL. Division of Emergency Mgmt, ?555 Shumard Oak Boulevard Tallahassee, Florida 32399. 97.087-Homeland Security Grant Program 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 Miami Fire Rescue, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass -through entity for a Federal award, and the Sub-Reclplent serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE 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 statutory authority to disburse the funds under this Agreement THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award In accordance with state laws and procedures for expending and accounting for the state's own funds," Therefore, section 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. iL A provision dividing the agreement Into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. ill. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. Iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or pald must be refunded to the Division. 2 vi, A provision specifying that any funds paid In excess of the amount to which the Sub -Recipient Is entitled under the terms and conditions of the agreement must be refunded to the Division. c. in addition to the foregoing, the Sub -Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment D. Any express reference in this Agreement to a particular statute, rule, or regulation in no way Implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreements terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: 1. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Kizzy K. Caban 2555 Shumard Oak Boulevard Tallahassee. Florida 32399 Telephone: (850) 815-4348 Email: Kizzy.Cahanto7,em.mvflorida.com c. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Chief Robert Hevia 444 SW 2nd Avenue, l0th FI Miami, FL 33130 Telephone: 306.56s-544)2 Fax: 305-569-4070 Email: Rob.Heviacimiamigov.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) EXEQUTtON This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIF?CATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid onlywhen In writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCQPE OF WORTS, The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachments A and B of thls 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 G.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-Reciplent may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordancewith 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 perfomiance and obligation to pay under this Agreement Is contingent upon an annual appropriation by the Legislature, and subject to any modification In accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs Incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and B of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $14,012,600,00. 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-Reclpient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth In the terms and conditions of the Federal award. 1 am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, 4 4Ya?arteMSP.�F7b*.0lteYF_�t^�6�s•Ct^•9iY£"'F,±iul=L—alEs+..:.�r,.pm.....�_,...-„c....,,...,,y..,,i.ac?gq+Mti�..'Mf,4.3lImIa4SiFXHtWi�i:�.i.nw:K--.rx •.:.+--..,.-..... ....,. civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment B, that clearly delineates: 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 -Recipient "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. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R, §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as tong as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation pald 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: I. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, Hi. 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 wilt 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 with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub- Reolpient seeks reimbursement for travel costs that exceed the amounts stated In section 112.061(6)(b), —F':r.::rids*.lvA:_:XT.m/C:1.L-y�iYtit_[Gal-717P3id :.5-.cii'tn�, y�,:: y-s•..+: _ Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: 1. The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub-Reciplent's written travel policy; and, ii. Participation of the individual In the travel Is necessary to the Federal award. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The 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: I. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, Any payment to an Ineligible party, any payment for an ineligtbie 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 art explanation of the necessity for and proposed use of the funds, (10)RECORDS 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 required 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 ..c•:>'. t raa tuc,iY+: tfat ln'?'ALErI.'3'ie3.=.cis'JYYi{raiaiNiLiatitb:.:cr.s,-wa. • •• ..... -. -... .. _. ais YP:es'ik?'.�:#ixrtvsiti[F• T.•vau ..: H'•4 -r.:.: -- ._ _ r .. _._.. _.. ... �vn nav y,3:i 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 -Recipient 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. 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. ill. 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 end of the non -Federal entity's fiscal year in which the program income is earned, vi. Indirect cost rate proposals and cost allopations 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 -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there Is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200,303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confldenttality, g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings 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 govemment requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. if a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity Is performing that public purpose, the Government in the Sunshine Law applies. For example, If a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub -Recipient shall maintain all records for the Sub•Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements 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 DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myfiorida.com, or 2556 Shumard Oak Boulevard, Tallahassee, FL 32399, (11)AUIDITS a. The Sub -Recipient shall comply with the audit requirements contained In 2 C,F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C,F.R. §200.49, GAAP "has the meaning specified In accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)," c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). 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-Reclpient 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)(i), Florida Statutes, as "an Independent certified public accountant licensed under chapter 473," The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address; DEMSingleAudit@em.myflorida.com a3 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 -SAG to the Federal Audit Clearinghouse by submission online at: http://harvesteronsus.gov/fac/collectIddeindex.htmf h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingleAudit@em.myfiorlda.com QP Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors In completing the work described In the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the 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 actien as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed In accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment B. (13)JVAONITORING. 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 b. in addition to reviews of audits, monitoring procedures may include, but not be limited to, Os► -site visits i3y Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the OJvision. le the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub. -Recipient agrees to comply with any additional instructions provided by the Division to the Seb-Reoiplent regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. in addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIASIL,ITY e. unless Sub -Recipient is a State agency or subdivision, as defined in section 768.26(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that It Es 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 En 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 es consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (16)Di FAULT if any of the following events occur ("Events of Default"), all obrigetions on the pact of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub -Recipient In this Agreement or any previous agreement with the Division is or becomes false or misleading In any respect, or if the Sub - Recipient falls 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; 1.1 b. Material adverse changes occur in the financial condition of the Sub -Recipient at any Time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the date written notice Is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with 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. (f 6)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 -Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: I. Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, ill. 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 ctosed, 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 -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Reclpient. (17)TERMINATIOM a. The Division may terminate this Agreement for cause after thirty days (30) written notice. Cause can include misuse of funds, fraud, Pack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 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 would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Reciplent with thirty calendar days prior written notice. cThe 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-Reciplent will not Incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub-Reciplent will cancel as many outstanding 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 ail applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix ll to 2 C.F,R, Part 200 (entitled °Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(i), the Sub-Reciplent 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, end 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 shag forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least ten (10) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, 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 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 -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to Identify deficiencies In the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the seven (7) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ii. Refuse to reimburse the Sub -Recipient for any 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 -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution, The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within seven (7) business days. Consistent with 2 C.F.R. §200.324, 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 I1 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 Division in order to execute a subcontract, this review may allow the Division to Identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, 14 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 executes a subcontract after receiving a communication from the Division that the subcontract is non -compliant, then the Division may. I. Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, ti. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. f. The Sub -Recipient agrees to include In the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor Is bound by ail applicable state and federal laws and regulations, and (111) 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 for such procurements. The Sub -Recipient or pass-thru entity must disclose to the Division, in writing, any real or potential conflict of interest that may arise during the administration of the federal award, as defined by federal statutes or regulations, or their own existing policies, within five (5) days of /earning of the conflict of interest. "Conflict of interest" is considered as any situation where an employee, officer, or agent, any members of his or her immediate family, or his or her partner has a close personal relationship, business relationship, or professional relationship, with a recipient or subreciplent. 1. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "In a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: I. Place unreasonable requirements on firms In order for them to qualify to do business; companies; contracts; equivalent; 11. Require unnecessary experience or excessive bonding; Use noncompetitive pricing practices between firms or between affiliated iv. Execute noncompetitive contracts to consultants that are on retainer v. Authorize, condone, or ignore organizational conflicts of interest; 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. "(E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. 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 287.067(1)(a), Florida Statutes. 1. The Sub -Recipient shall conduct any procurement involving requests for proposals (Le. 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 288.703, Florida Statutes on the required Procurement Method Report (Form 5). Additionally, the Sub-Reclpient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms'). n. FEMA has developed helpful resources for Sub -Recipients using federal grant funds for procurements. These resources are generally available at https:/Iwww.fema.gov/procurement- disaster-assistance-team. FEMA periodically updates this resource page so please check back for the Latest information. White not all the provisions discussed in the resources are applicable to this subgrant agreement, the Sub -Recipient 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 welt as Appendix 11 to 2 C.F.R. Part 200. FEMA provides the following hands-on resources for Sub - Recipients of federal funding: i. 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available at https://www,fema.gov/media-library-data/1569959172327- 92358d63e00d 1709d5db4de015184c9/PDAT ProcurementChecklist 11-21-2018.pdf il. 2019 PDAT Contract Provisions Template available at iittps:liwww.fema.gov/rrldia- librarv-datta/156996011 9992- 92358d63e00d 17639d$db4de016184c9/PDAT ConbrtrtProvislonsTemolate 9-30-19.pdf (19)ATTACHMENTS AND EXHIBITS a. All attachments to thls Agreement are incorporated as If set out fully. 16 b. In the event of any inconsistencies or conflict between the language of thls 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 ii. Attachment A Program Budget iii. Attachment B — Scope of Work iv. Attachment C — Deliverables and Performance v. Attachment D — Program Statutes and Regulations vi. Attachment E — Justification of Advance Payment vii. Attachment F — Warranties and Representations vili. Attachment G.— Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion ix. Attachment H -- Statement of Assurances x. Attachment I — Mandatory Contract Provisions xi. Attachment J — Financial and Program Monitoring Guidelines xii. Attachment K — EHP Guidelines xifi. Attachment L — Reimbursement Checklist xiv. Attachment M — Certification Regarding Lobbying xv. Attachment N — Reporting Forms (20)PAYMNTS a If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shalt submit its closeout report within thirty days of receiving notice from the Division. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shalt be submitted within thirty (30) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly Invoices shall be submitted to the Division grant manager as part of the Sub. Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 218.181(16), Florida Statutes. All requests for advance payments will be reviewed and considered on a case by case basis. All advances are required to be held in an Interest -bearing account If an advance payment is requested, the budget data on which the request 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 en explanation of the necessity for and proposed use of these 17 funds, No advance shaft 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 shalt 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 32309 2100 b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the D ivIston for collection, Sub-Rectpient 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 CONDITIOU a. The validity of this Agreement is subject to the truth and accuracy of ail 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 saki information, representations, and materials are incorporated by reference. The Inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shalt 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 tills Agreement Is In conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U,S.C. Section 12101 et seq.), 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 discriminatory 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 an a contract with e public entity for the 18 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 pubtic 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 agency, and which receives funds under thls Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 111. 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. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement h. in addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Sub - Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor, I. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to 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(e) of the Immigration and Nationality Act .l9 ("iNA")J. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained In Section 274A(e) of the iNA shall be grounds for unilateral cancellation of this Agreement by the Division. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. 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 Llst 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 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the Judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub -Recipient certifies, by ifs signature to this Agreement, that to the best of his or her knowledge and belief: i, No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 20 connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shalt complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. 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-Reciplents 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 AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HERESY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient 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 thls Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all Intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright, The Sub-Reciplent shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will Indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. if the Sub -Recipient quaiifles 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 -Recipient, 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: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall Include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. if. 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. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant hes inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or 22 applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure 1s in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information, iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The contractor will comply with all provisions of Executive Order 11248 of September 24, 1985, 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 Labor for purposes of Investigation to asceitaln 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, tills contract may be canceled, terminated, or suspended in whole or In part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized In Executive Order 11246 of September 24, 1965, and such other sanctions may be Imposed and remedies invoked as provided In Executive Order 11246 of September 24, 1965, or by rute, 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 take such action with respect to any subcontract or purchase order as the administedng 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 ft wifl be bound by the above equal opportunity clause with respect to its own employment practices when ft 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 an 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 require for the supervision of such compliance, and that It will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted 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 Part II, Subpart D of the Executive order, In addition, the Sub -Recipient agrees that if it fags 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 shalt comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. it. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses In any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. tit. 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. § 6.12. 24 (28)CONTRACT WORK HOURS AND SAFE'[J' STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract 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. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30)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: i. This contract Is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, Its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.938). Ii. 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. lil. 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 e provision requiring such compliance in its lower tier covered transactions. 25 (31)BYRD ANTI -LOBBYING AMENDMENT 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 organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress In connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C, § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place In connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. If the Sub -Recipient enters into a contract with a subcontractor for an award of $100,000 or more, the subcontractor shall sign Attachment M — Certification Regarding Lobbying, (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES_AND LABOR SURPLUS AREA FIRMS a If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 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; €I. 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 permits, 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 I. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as 'socioeconomic contracting," does not Impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only Imposes an obligation to carry out eml. document the six affirmative steps identified above. 26 By: c. The "socioeconomic contracting° requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, When economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). 33. ASSURANCES. The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECiPiENT4Y OF MIAMI FiRE RESCUE By: ,z/ -< 1 Name and Title: hur Noriega, City Manager Date: '.\ \\C. FID# 59-6000375 If signing electronically: By providing this electronic signature, 1 am attesting that i understand that electronic signatures are legally binding and have the same meaning as handwntten signatures. I am also confirming that Internal controls have been maintained, and that policies and procedures were properly followed to ensure the authenticity of the electronic signature. This statement is to certify that l confirm that this electronic signature is to be the legally binding equivalent of my handwritten signature and that the data on this form is accurate to the best of my knowledge. STATE OF FLORIDA DIVISION OF EMERGENCY GEVIENT ej mac. Name an tte ,�'(E//'/ £ U / r 0 /%'GTD? Date: / 7 /-77 2 r 27 ATTEST: Todd B. Hann n. --.-✓0 City Clerk APPROVED AS TO FORM AND CORRECTNESS By: Victoria Mendez 1 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. .274 EXHIBIT --1 , THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: Federal Program: Urban Area Security Initiative WUASII Federal Agency ,kJ.$, pepartment of Homeland.Security. Federal Emergency Management Catalog of Federal Domestic Assistance title and number; tr.067 Award amount: S14,012,500.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT; Federal Program: I,JJban Area Security Initiative iy1AS1) List applicable compliance requirements as follows: 1. Sub -Recipient is to use funding to perform eligible activities se identified FY 2020 Department of Homeland Security Notice of Funding Opportunity. 2. Sub -Recipient is eubjectto all administrative and financial requirements as set forth in this Agreement or will not be In compliance with the teams of the Agreement. 3. Sub-Reclplent must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. NOTE: 2 C.F.R. Part200, and Section 215.97(5)(4 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 -Recipient is to utilize the Program Budget" as a guide for completing the "Budget Detail Wortcsheet' below. The Equipment category will require Authorized Equipment List (AEL) reference number. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under EEMA's preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. The list consists of 21 equipment categories divided into sub -categories, tertiary categories, and then individual equipment items. The AEL can be found at http://www.fema.gov/authorizeg-equioment-list, At the discretion of the Sub -recipient, funds allocated to Management and Administration costs (as described in the 'Proposed Program Budget") may be put towards Programmatic costs instead. However, no more than 5% of each Sub -recipient's total award may be expended on Management and Administration costs. The transfer of funds between the categories listed in the Program Budget and Scope of Work" Is permitted. However, the transfer of funds between issues Is strictly prohibited. FY 2020 - State Homeland Security Grant Program — Urban Area Security Initiative issue # 45 City of Miami Fire Rescue Award Allocation — Issue 45 $14,750,000.00 State Management & Administration withheld 5% $737, 500.00 Expendable Award Allocation after 5% reduction LETP-Type Activities (25% of award allocation) This amount is not In addition to the remaining award amount but instead signifies the amount needed to meet the 25% requirement. Management and Administration (the dollar amount which corresponds to 4% of the total local agency allocation Is shown in the column an the r(Iyh�. 29 $14,012,500.00 $3,887,500.00 $560, 500.00 BUDGET DETAIL WORKSHEET The Sub -Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", after the execution of this agreement, contact the Grant Manager listed In this agreement via email or letter. !4 M{ i u • 414, c �. ,Y[, b�lF�. �i`K.Y401.—e �Y ;.. Yli s dI ! y t�'� fir . y Of .fi . �a i 4 �;;� du"! .t }Q J# tvg n 4, c � s � : ? _.. Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, response, and recovery activities Developing and implementing homeland security support programs and adopting ongoing DHS/FEMA national Initiatives Developing related terrorism and other catastrophic event prevention activities Developing and enhancing plans and protocols Cross -Cutting — Planning (Pianning, Training and Exercise); Line item 2020-06 1 $563,433.00 $663,433.00 Developing or conducting assessments Protection — Cybersecurity (Cyhersacurity Threat ' Assessments to Include Election Security); Line item 2020-01 1 $266,500.00 $266,500.00 Soft Target/Crowded Places — Protection — Risk Management for Protection Programs (RlskNutnerability Assessment of CI for Election Security); Line item 2020-02 1 $50,000.00 $50,000.00 2 Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Protection — Cybersecurity (Cybersecurity Response Plans and Exercises); Line item 2020-01 1 $37,750,00 $37,750.00 1 Intel & Info Sharing — Prevention — intelligence and Information Sharing (LPR Analyst); Line item 2020-03 1 $62,000.00 $62,000.00 3 Intel & Info Sharing — Prevention — intelligence and Information Sharing (iVietadata Planner); Line item 2020-03 1 $43,000.00 $43,000.00 3 Cross -Cutting — Planning (Planners and Consultants"; Line item 2020-05 1 $796,441.00 $796,441.00 5 30 rf esponse — Public Health, Healthcare and EMS , (Closed POD Training Video); Line Item 2020-12 1 $80,616.00 $80,516.00 7 Materials required to conduct planning activities Soft Target/Crowded Places — Prevention — Public information and Warning; Line item 2020-02 1 $10,000.00 $10,000.00 2 Travel/per diem related to planning activities Overtime and backlit costs (in accordance with operational Cost Guidance) Issuance of WHTI-compliant Tribal identification cards Activities to achieve planning inclusive of people with disabilities and others with access and functional needs and limited English proficiency Coordination with Citizen Corps Councils for public information/education and development of volunteer 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 THIS NSPR continu of operations plans s h h: 9*.�'.� M.'[ `E 'S i�' Lu. .k. r 1_.fw' .r. B +' °' '�s6Y %:-_i-, - .-, O.i3..s v LdL9a xt_ �. _ ... . AAA?)i 8�' J7�Atrd�C}VI 1 $�� SS Prsi�i`is -� ;s> �.0.131 <:rSi,_4rtIC z '"1;t9.y'„,i ' - :94, ' .147. .� Pn ft d . t Program management Development of whole community partnerships Structures and mechanisms for information sharing between the public and private sector Implementing models, programs, and workforce enhancement initiatives Tools, resources, and activities that facilitate shared situational awareness between the pub/lc and private sectors Operational support Soft Target/Crowded Places — Protection — interdiction and Disruption (Operational OT); Line Item 2020-02; 1 $22,000,00 $22,000.00 2 _ 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 , Reimbursement for select operational expenses associated with increased security measures et critical infrastructure sites incurred (up to 50 percent of the allocation) Overtime for information, investigative, and intelligence shalt activities (up to 60 percent of the allocation) Hiring of new staff positions/contractors/consultants For participation in Information/intelligence analysis and sharing groups or fusion center activities (up to 50 percent of the allocation) Intel & info Sharing - Prevention - Intelligence and Information Sharing (Fusion Analysts); Line item 2020.03 1 $270,000,00 $270,000,00 3 r i "� a fyi g +r' �jj 0, �� 'A`tjA"fl c1n xkc� n st'k?fiS�` 5t.7.:, a-i�.'•. h`-.2`�3` 'Tda t1*I1,�ixa`5% IA EXP Ill• d �+?� ,�€i ,t5 ` s f ci '` A{'ii# � `f , . - i h..� knit-��-N� , .t. t, . Design, Develop, Conduct and Evaluate an Exercise Full or Part -Time Staff or Contractors/Consultants - Fug or part -tune staff may be hired to support exercise - related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises, The applicants formal written procurement policy or the Federal Acquisition Regulations (FAR must be followed. Protection - Cybersecurlty (Cybsrsecurity Response Plans and Exercises); Line Item 2020-01 1 $106,000,00 $106,000.00 Cross -Cutting - Planning (Planning, Training and Exercise); Line Item 2020-05 1 $246,240.00 $245,240.00 5 Overtime and backfill costs - Overtime and backfili costs, including expenses for part-time and volunteer emergency response personnel participating in FEMA exercises Implementation of HSEEP Activities to achieve exercises inclusive of people with disabilities and others with access and functional needs Travel -Travel costs (Le., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the tannin and conduct of the exercise project(s). Supplies - Supplies are Items that are expended or consumed during the course of the planning and conduct of the exercise ro ect s) e. ,, copying aper, gloves, 32 tape, non -sterile masks, and disposable protective equipment). Interoperable communications exercises Activities to achieve planning inclusive of people with limited English proficiency , r 0 1 ,Or• w1_.! I " _[ 'i.t-.rR�� !} ! ,J 1 b ..t I.rs'8' rye a_ ' rL i�q . l b �' ' 4s sue4, - • : • 1,,. !g. s,F i --? - N'Y 3b} ; !.. • } 17 k �! rtS ,�s N i s.. u I ' F . 'N t� h..t C 7 fit ] 3 3 ' s2" .= a x� 4' . ) Tlrku i ,'%. -no - -* 415 • D - 7 -" ; Sr, •rj ;x.t '. s4 t'Yu 1�.. f , s L 7.t'3`li k. s ,Z L. , l .i I.h, A Aft 14 f� 't%3.: LAn . 1. a. ♦-1 t« —'. l aAy, 1 ...,. i.�.', r+'E..+±'; Overtime and backfill for emergency preparedness and response personnel attending l3HS/FEMA-sponsored and approved training classes Overtime and backf€li expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training Training Workshops and Conferences Protection - Cybersecurity (Trainings); Line Item 2020-01 1 $10,000.00 $10,000.00 Response - On Scene Security, Protection and LE (SWAT Specialty Unit Training); Line Item 2020-11 1 $45,726.00 $45,726.00 7 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 Information and Warning; Line item 2020-02 1 $20,130.00 $20,130.00 2 Cross -Cutting - Planning (Training Classes); Line item 2020.05 1 $171,823.00 $171,823,00 Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e,g., copying paper, gloves, tape, non -sterile masks, and disposable protective equipment). instructor certification/re-certification Coordination with Citizen Corps Councils in conducting training exercises interoperable communications training Activates to achieve tra€ning inclusive people with limited English proficiency • Immigration enforcement training �--,- ,jg. zy , a,i . w s MF C ' v c+r_v; � }!Os•,. {.Y�p : k� �. ' '41 �LL � `y9-- I' ��e�J Phi � `� �' �'at, i�� '" •Cif#i� � 6 tg: � ..r..�li� - y,,r.,d !�'Y"NA. L! r.,t ham, -r '°1��0 ' �I�._-.IC3 J�ut�5' .� sff gi Awl 9 1 sF �Sf`.. -a.e _.r...+x.. 4�-�j�i tr 3 .�lF j. 33 . , . Eligible EqiiIpniopt Acqiiisi0OnCoste '. ': .• ''- , ' ."• • The tibie.belOw highlights the 6116001e: equipment , .,O8tOodtieSfor this awerd.••:A. comprehenslve liating of : -. thatia!MIOlitil0.04rrerii.dat.oggej*ind SpeciflO - :. iiiquiPMent-eligIbietirlder AriCil category are.liated•tintile 'vieb440,41i.mr$10ti:Of.We'40altecl.Eiliklpirdrit 00 . .. .•.(AE).ailitiiiiittiiiidw... .fema.gov/authorzed-eauprnenII$t. .. , • • • '' • . Puantity f - ''.. '.. • '-. , ; 4'1' A'... 4.Y.v?!."::',...--,. ,-- • .. • . • . ,. • - • • • - ' tinitCoet :, .., .. • 1.-,. : ; .. . . , ... ...... . .. : .4-'''''';'4''''''' ,i'-v,'3'e *• --.-' .-T-,',..4,..t. .7,-.- ' • • ' • ' • . :,Total Cost 2 : ... . . . .. . .--.7,-...,:,:•.7,-.;:--.,......4 4i . -:-,' ' . 'IJ # • ' _. . • :,,:. ' M.°4-,..--4-,1.4...T.RY:5-.:-f,a(Avelio-44.-.11.41/4t.:4-.it.:4,:p....i.i4,......-ir..4-.4.8.4...::..-e!,:4t.„ tt- .,.--%,-. - - qVY1 .: _. P...%4T.4..q.cii?x,,,,Fkr,',.- --Yr Response - On Scene Security, Protection and LE (MCI Equipment); Line Item 2020-11; AL #01LE-01- SHLD, 0ILE-01-HLMT;09TR-01-CiSM; 09511S-04- BAND, 09TR-01-11/1KiT 1 $170,325.00 $170,326.00 -..-:..,- :,,....:•,..,•b.e.; ,••?-.7:---,1777',-.; C,4 1? ''' : $ ! '. . ' , ' : ; ;.,::. . . : ' 1.1 . ' S.A, .i. ? . ANON,„, '', ' "*":-. ,‘„•lir ' . 47 . ' . . ' ' , 50. At414100 I : , ' . , 1:!. 144 (50 Z.:; 4 P --- • - "- • 14:4:t1P:ZZ''PerArici Emerging Threats - Prevention - interdiction and Disruption (Bomb 7'eam Equipment); Line Item 2020- 04; AEL #02EX-02-TLPB, 02PE-01-BSUT, 02EX-02- TLRO 1 $116,000.00 $116,000,00 • 4 Emerging Threats - Prevention - Screening, Search ands Detecdori (E00 Detectors); Line item 2020-04; AEL #02EX-02-XRAP 02EX-00-PBIE, 21GN-00-MAIN 1 $94,650.00 $94,650.00 4 ;'';'./-5.::,"?`'''I'itlf.'"N.--1`70- , 4.----m '-''',41,-,:".1.-Ve' ,-..-1,i,A,::1-...k.): ., ,...F.--vi,-...--t,A-4-: ., .•.a .....--,., — — — z•-.:.-..1.2,.'....-.4,......-%•,-..,,,&..y.i.,5,1tAit:‘; '''' • .:.:;. AP. Pe..114,5410.9 !:,,,.,. ,II:Ott,941H9v,u,KE-A44-.14;,....--nc.i...444,5,....,:iyi, ':-F••••:/,',7,1•'',A,,,,,i, Soft Targot!Crowdod Places - Prevention - Screening, Search and Detection (LPR Systems); Line item 2020-02; AEL #030E-01-ALPR; 12TR-00- TEQP; 13LE-00-SURV, 04AP-02-AVLS; 210N-00-SHIP; 21GN-00-IHST 1 $766,494,00 $766,494.00 2 Soft TargetICrowded Places - Prevention - Screening, Search and Detection (Surveillance Platforms); Line item 2020-02. AEL #030E-07-ROVL 1 $156,607,00 $155,807.00 2 Emerging Threats - Prevention -Interdiction and Disruption (Robots); Line Item 2020-04; AEL #030E- 07-ROBT, 030E-07-UMVS, 02EX-01-XRAP, 02PE-02- BSUT 1 $666,911.00 $568,911.00 4 Response - Mass Search and Rescue Ops (TRT i Equipment); Line Item 2020-10; AEL #03SR-02-TPHY; 03811-02-TPEL, 09ME-05-LITR; 030E-05-ROPH, 06CP- 03-1CORE 03SR-03-SCAM'OlAR-01-SCBC', 030E-06- ROPE, 01t1R-01-HLMT, 06CP-03-PRAC, 030E-01- CTAC $164,237.00 $164,237.00 7 Response - Mass Search and Rescue Ops (Sonar); Line item 2020.10; AEL #03WA-02-SONR, 04HW-01- INHW 1 $34,675.00 $34,675.00 7 34 Response - On Scene Security and LE (Night Vision); Line Item 2020-11; AEL #030E-02-TlLA 1 , $469,363.00 $459,363.00 7 Response - Situational Assessment (SUAS); Line Item 2020-13; AEL #030E-07•`SUAS 1 $175,000.00 $175,000,00 7 Response Communications - lnteroperable Communications (Mobile Message Boards); Line item 2020-14; AEL #030E-03-SIGN 1 $40,000.00 $40,000.00 8 • 'r:.ry�.1:. '[[�� jj11pyj11,1l..ayf�fp5: r. • •t;-• cf:�;' rk,; 4:- 4es i" p ; p.,, i..l. '.5., ..., `T.,41.I .,+ .•j ,1rrr" �'.. �.'<:0C if/-""' +SV l`.v .a.44, ::1':• .., �1: ...: s. :Tyc•. �'"'t ‘ --,'':a. ` ..�, *•› ,.... ± { <j_'!r: '�••`sn'. �. ,, Intel & Info Sharing - Prevention - Intelligence and Information Sharing (GIS Dashboard for Fusion Center); Line Item 2020-03; AEL #04AP-03-GISS 1 $152,713.00 $152,713.00 3 Intel & Info Sharing - Prevention - Intelligence and Information Sharing (Real Time Crime Center Build Out); Line Item 2020-03; AEI, #04HW-01-INHW 1 $259,293.00 $269,293.00 3 Cross -Cutting - Operational Coordination (ICS Software!WebEOC); Line item 2020-06; AEL #04HW- 01-INHW, 04SW-04-NETW, 04AP-05-CDSS, 04AP-01- CADS, 04AP-03-GISS 1 $277,876,00 $277,875,00 5 Response - Situational Assessment (GIS System for Fire); Line item 2020-13; AEL #04AP-03-GISS, 04HW- 01-INHW, 04MD-03-D1SP 1 $34,605.00 $34,605,00 7 �:- ...•f; , 4 Avtr 7Eti` ac a •6xti,7,4n' 4-=ca.. .�j4 d njX i , s.,A. idnf r T r .�-....,;- 4x•fu.•:Y�n F�:;=..,- +?'-• fM..s �.i:±,%r:r w.,-. �,:•-•.'., , Protection - Cybersecurity (Cybersecurity Threat Assessments to Include Election Security and software); Line Item 2020.01; AEL #05NP-00-IDPS 1 $16,160.00 $16,160.00 1 Protection - Cybersecurity (Cybersecurity Equipment); Line item 2020-01; AEL #05NP-00-IDPS, O6HS-00-MALW; 05NP-00-FWAL 1 $338,965.00 $338,955.00 1 cr' •_'-.s•" ::,i"- .•^. •..MF':�;..; ir: :: ,Y4,�'��a: �+"` :t'':•f.'''?•A ::�^'':�q`.Y.S: fnt ONLOM im 97, ...�9 i .:�t �' * . • �? ' ;;1 , Si :t: e'._y;i3l::'..? •7-s'::'•.:iv Pc.. y . Response Communications - interoperabie Communications (lnteroperable Comms); Line Item 2020-14; AEL #06CP-01-PORT, 06CP-03-PRAC, 04HW-01-INHW 10BC-00-BATT, 06CP-01-MOBL, 21GN-00-INST, 06CP-02-SRDG, 06CC-03-SATB, 06P- 01-REPT, I2TR-0O-TEQP 1 $1,385,591.00 $1,385,591.00 8 PQ,t0tiot1Niiii4.1.ir.,,�."., Nit.; y ::�«...ep`.r ,5 fgV,` �."'aa4d;.'•:"..,-:, `;,: y ?;: ..r,� .a.:.: . •. s ..••...r ;.< .rrC' . .. •. Emerging Threats - Prevention - Screening, Search and Detection (Hazrnat Detectors); Line item 2020-04; AEL #07RD-02-PRDA, 07RD-02-HHSM 1 $200,240.00 $200,240,00 4 • ;,::cr�zac--••&�i.:•�:. ,., ... .... _. .�. .... :•; s•i.` :��•. 'Y. -, •4 1 nl '. U)aN00.1 lit .t'• ,,: _1 7r,.s41- x ;'r•. 4 T ,b *.''A. '..Y 1.. . ' •{:ar:, ,. • `i 'i: `'` ,. 35 :40I ". ie PV, ' ,,'...,::-., •:..:-'4,1. ',.:..? '''. .. .k• • ' . ' A, '.: •;:. .. .... *.' • •VBFIWRAttike7-Mat _ . -:1-'9',:,*:;14,.:TaPr;::'::?.....f.:::04:1:1V7?.7:4kY.i."!...'4'.2:-'-'-:" !. ....':' e:-1-'-''''. ':'`..:I:'::?•:'-. •: '''.:. ''':---..:' IIIII --.: - •:', :C,51.134,9ON'4,000100600!)14486.glf,"V:W*F,;#'1:141,S Z, :1 -,04'...:.it•:„.•..,;}:,.:c j.9:.;,.: .y,:i, • : ? Soft Target/Crowded Places -Prevention - Screening, Search and Detection (Surveillance Vehicles); Line item 2020-02; AEL #12VE-00-MISS; 04HW-01-INHW; 04MD-01-VC AM; 04AP-02-DG PS 1 $305,776.00 $306,776.00 2 Response - Critical Transportation (Response Vehicles), Line Item 2020-09; AEL #12 VE-00-CMDV, 12VE-00-MISS 1 $788,377.00 $788,877,00 7 ,,,, ,...,:.1.„ - : ;.:-:, ,---.,.‘"=v.t,:,,.:-.. ,,. • .v.:c ....-.,..., , .1)). -. , - .' -','..' 5,1 . ,, , „,. `.::' '4,,,,ii,§15.110ft9II, .:.,,, ,, OgfAi-44);0% ,2* ;fr.-. - .,4.- ,,, 4. =. -1 - ' ;',:'74: S'A. • "'''., : .. . 1-.".• -. :. —..4i• - . .. r Soft Target/Crowded Places - Prevention - Screening, Search and Detection (Surveillance Equipment); Line item 2020-02; AEL #13LE-00-SURV 1 $53,760.00 $63,760,00 2 Response Communications - interoperable Communications (Emergency Notification System); Line Item 2020-14; AEL #131T-00-ALRT 1 $47,698.00 $47,698.00 , ' Y., .4 AP .PIPtt'AR rgi -, '''. -s!'*.41e.-14,t,=<,'el...ii,E,v•i!;:. it.k.*m.,,-....: !;;•••••!0). , ', Soft Target/Crowded Places - Protection - Access Control and Identity Verification (Access Card Readers and Credentialing Systems); Line Item 2020- 02; AEL #148W-01-VIDA,14SIN01-PACS, 21GN-00- INST, 21GN-00-CNST, 041-nN-01-I4HW, 04AP-05-CRED 1 $237,763.00 $237,763.00 2 Soft Target/Crowded Places - Protection - Physical Protective Measures (CCTV Systems); Line item 2020-02; AEL #14SW-01-VIDA, 14SW01-PACS, 21GN- 00-INST, 04MD-03-DISP, 0411W-01-INHW, 14SW-01- ALRNi, lOGE-00-GENR; 21GN-00-CNST; 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 #14SW-01-WALL 1 1 $240,000.00 $240,000,00 Emerging Throats - Prevention - interdiction and Disruption (Maritime Radar); Une Item 2020-04; AEL #14SW-02-RADR 1 $160,382.00 r $150,382.00 4 Recovery - Infrastructure System (E911 Backup Ethernet); Line item 2020-15; AEL #14CI-01-COOP 1 $20,000.00 $20,000.00 8 36 Inspection and Screening Systems Soft Target/Crowded Places — Protection — Physical Protective Measures (Magnometers); Line item 2020- 02; AEL #15SC-00-PPSS 1 $35,000.00 $35,000.00 2 L ' Animal Cars and Foreign Animal Disease . OWy , eaen mot! 0 se`wat tcra a :... ?7:gr. 1/4:,. .r.'. . Response — Critical Transportation (Response Vessels), Line item 2020.09; AEL #17WC-00-BOAT 1 $338,000.00 $338,000.00 7 CBRNE AviatlariEEqulpment ' •vN�.-h`"Sw2 �Mt,!•N�}��•f f F��F^�lM �!'+;hi{1 i?.r '�.. }��_ `.�, �••�- � :�h r T/i•r•`'i. ; Jy r.t; KeS ,Tf .i � W• '� i n .. ti:*. .-,:".._01 il*,'gt, " 4'• c '` � f e,;i ri.; . . ,sreP,.-p(o� .81: yi4r. E.,;! ,�.•7Ac ,+?:fe a.r .-3, A . - • r,- Emerging Threats — Prevention —Forensics and Attribution (Laser Scanner for Crime Scene Recreating); Line item 2020-04' AEL #20CS-02-UVLT 1 $43,188.00 $43,168.00 +4 Critical emergency supplies • • ; 01 1 ore i 019 - t� (i akudo dd' Ort 5S4.r� c�i pp atlf)n po6fs ;..,....,1.' a *. t ' 60.44�a i= M prior ipIK use of A. ` 41 ids faYcon tte itor (6.6e ogiofti. `..:rr =`'.,:,• r . - :." ' .', .-i .''-• Intel & info Sharing — Prevention — Intelligence and • Information Sharing (Fusion Center Operations); Line item 2020-03; AEL #04HW-01•.INHW,13IT-00-UNTL; 131T-00-ALRT 1 $240,004.00 $240,000,00 Cross -Cutting — Operational Coordination (EOC EnhancementiSustainment); Line item 2020-06; AEL #04HW-01-INHW'21GN-00-OCEQ; 04AP-05-CDSS, 131T-00-ALRT, 04AP-01-CADS, 04M D-02-PROD, 04-IW-01-HHCD, 46CP-05-VCON, 06CP-01-PORT, 04MD-03-DISP,2IGN-00-CNST, 21GN-00-MAW, 06CC- 03-SATE, 06CC-03-SATP, 06CC-04-SADS, 06CC-01- CELL, 14SW-01-PACS, 14CI-00-COOP; 21GN-004NST, 04HW-01-CABL, 07SE.03-ENVSS; 06CC-05-PRTY; 06CC-02-DSAD >, 1 $583,009,00 $583,009.00 5 Mitigation — Community Resilience (CERT Planning, Training and Equipment); Line item 2020-07; AEL #21GN-00-CCEQ, 190N-00-BGPK, 21CR-00-MED1, 06CP-01-PORT 1 $490,700,00 $490,700.00 6 Mitigation — Long Term Vulnerability Reduction (Maintenance and Sustainment); Line item 2020-08; AEL #21 GN-00-MAIN 1 $277,471.00 $277,471.00 6 " : TOTALEQUIPMENTEXPENDITURES 1$10,662,442.00. 37 1,Jir OVi=3?iviti141 Laid' t 0•003/Agil'il tii.44 r 4,tni (e14y.6e . :.. � Hiring of full-time or part-time staff or contractors/consultants: to assist with the management of the respective grant program; application requirements, and compliance with reporting and data collection requirements fOb #l'i N �' ' l i At (r � 1 .... ; 1t �S 3 (C• 411 1 i'' 1 M&A Salary Personnel, Line item 2020-16 1 $500,000.00 $500,000.00 Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls Overtime and backfrll costs — Overtime expenses are defined as the result of personnel who worked over and above 40 hours of weekly work time In the performance of FEMA — approved activities within the scope of this grant. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime In order to perform the duties of other personnel who are temporarily assigned to FEMA — approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full — Time Equivalent (FTEs em•io ees. Travel expenses M&A Travel, Line item 2020-16 1 $10,500.00 $10,500.00 Meeting -related expenses Authorized office equipment: including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the Implementation of the homeland security strategy. Office Supplies, Line item 2020-16 1 i t i i $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 item 2020-16 )ioti TOTAL 1 i n IrrA o' ku° 11 AWARD EXPENDITURES $25,000.00 i =ri o0 i 1t1 ;� l l�'f � � �nV e $25,000.00 1a yY t � p S� 3i(Xci $14,012,500 38 ATTACFIMENT B SCOPE OF WORK Sub -Recipients must comply with all the requirements In 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Funding Is provided to perform eligible activities as identified in the Domestic Homeland Security — Federal Emergency Management Agency National Preparedness Directorate Fiscal 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 Protect Description issue 45; The Urban Area Security Initiative (UASi) has allowable Management and Administration (M&A) costs associated with it. The Division of Emergency Management, as the designated State Administrative Agency, will retain five (5) percent of the total UAS1 amount allocated to Florida for M&A purposes, These funds will provide 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 DHS Federal Fiscal Year 2020 Homeland Security Grant Program Guidance. il. Categories and Eligible Activities FY 2020 allowable costs are divided Into the following categories for this agreement: Planning, Organizational, Exercise, Training, Equipment and Management and Administration. Each category's allowable costs have been listed In the °Budget Detail Worksheet" above. A. Allowable Planning Related Costs HSGP funds may be used for a range of emergency preparedness and management planning activities subh as those associated with the development, review, and revision of the THHRA, SPR, continuity of operations plans, and other planning activities that support the Goal and placing an emphasis an updating and maintaining a current EOP that conforms to the guidelines outlined in CPC 101 v 2.0, • Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, response, and recovery activities; • Developing and implementing homeland security support programs and adopting DHS/FEMA national initiatives; • Developing related terrorism and other catastrophic event prevention activities; • Developing and enhancing plans and protocols; • Developing or conducting assessments; + Hiring of full -or part-time staff or contract/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties); • Materials required to conduct planning activities; + Travel/per diem related to planning activities; • Overtime and backfill costs (in accordance with operational Cost Guidance); • Issuance of WHTJ-compliant Tribal identification card; • Activities to achieve planning Inclusive of people with disabilities; • Coordination with Citizen Corps Councils for public information/education and development of volunteer programs; • Update governance structures and processes and plans for emergency communications; and • Activities to achieve planning Inclusive of people with limited English proficiency, 39 B. Allowable Organization Related Coats (HSGP and UASI Only) Sub -Recipients proposed expenditures of SHSP or UASI funds to support organization activities Include: • Program Management; • Development of whole community partnerships, through groups such as Citizen Corp Councils; • Structures and mechanisms for information sharing between the public and private sector; • Implementing models, programs, and workforce enhancement initiatives to address ideologically Inspired radicalization to violence In the hornefand; • Tools, resources, and activities that facilitate shared situational awareness between the public and private sectors; • Operational Support; • Utilization of standardized resource management concepts such as typing, Inventorying, organizing, and tracking to facilitate the dispatch, deployment, and recovery of resources before, during, and after an incident; • Responding to an Increase in the threat level under the National Terrorism Advisory System (NTAS) or needs resulting from a National Special Security Event; and • Paying salaries and benefits for personnel to serve as qualified Intelligence Analysts. Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Ant, Pub. lb No. 110-412, § 2, codified in relevant part, as amended, at 6 U.S.C. § 609(a), HSGP and UASI funds may be used to hire new staff and/or contractor positions to serve as Intelligence analysts to enable Information/Intelligence sharing capabilities, as well as support existing intelligence analysts previously covered by HSGP or UASI funding. See 6 U.S.C. § 609(a). To be hired as an Intelligence analyst, staff and/or contractor personnel must meat at least one of the following criteria: • Complete training to ensure baseline proficiency In intelligence analysis and production within six months of being hired; and/or, • Previously served as an intelligence analyst for a minimum of two years either In a federal intelligence agency, the military, or state and/or local law enforcement intelligence unit. Intelligence Analyst Activities Allowable Costs (HSGP and UASI) Ail fusion canter analytical personnel must demonstrate qualifications that meet or exceed competencies identified In the Common Competencies for state, local, and tribal Intelligence Analysts, which outlines the minimum categories of training needed for intelligence analysts. A csrti#ic-ete of completion of such training must be on hie with the SAA and must be made available to the recipient's respective FEMA HQ Program Analyst upon request. States and Urban Areas must justify proposed .expendltures of HSGP or UASI funds to support organization activities within their IJ submission. Ail SAAs are allowed to utilize up to 60 percent (50%) of their HSGP funding and all Urban Areas are allowed up to 50 percent (60%) of their UASI funding for personnel costs. At the request of a Sub -Recipient of a grant, the FEMA Adminietrator may grant a waiver of the 60 pareent (00%) limitation noted above. Request for waivers to the personnel cap must be submitted by the SAA to GPO in writing on official letterhead, with the following information: • Documentation explaining why the cap should be waived; • Conditions under which the request is being submitted; and • • A budget and method of calculation of personnel costs both in percentages of the grant award and in total dollar amount. To avold supplanting issues, the request must also include a three- year staffing history for the requesting entity. Law Enforcement Terrorism Prevention (LETP) Activities Allowable Costs (NSGP and UASI) LETP Activities eligible for use of LE,TPA focused funds include but are tlot 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 anafytical and investigative efforts including, but not limited to Joint Terrorism Task Forces (JTTFs), Field Intelligence Groups (F1Gs), High Intensity Drug Trafficking Areas (HIDTAs), Regional Information Sharing Systems (RISS) Centers, criminal intelligence units, and real-time crime analysis centers; • implementation and maintenance of the Nationwide SAR Initiative, including training for front Tine 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 ail public and private sector partners wanting to implement and/or expand the DHS "If You See Something, Say Something@" campaign using grant funds work directly with the DHS Office of Partnership and Engagement (OPE) to ensure all public awareness materials (e.g., videos, posters, tri-folds, etc.) are consistent with the DHS's messaging and strategy for the campaign and compliant with the initiative's trademark, which 1s licensed to OHS 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 taw 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 allowable for increased protective security measures at critical infrastructure sites or other high -risk locations and to enhance public safety during mass gatherings and high -profile events. In that regard, HSGP Sub -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 expenses associated with increased security measures in the authorized categories cited below: • Backflll and overtime expenses for staffing State or Major Urban Area fusion centers; • Hiring of contracted security for critical infrastructure sites; • Participation in Regional Resiliency Assessment Program (RRAP) activities; • Public safety overtime; • • Title 32 or State Active Duty National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package (Note: Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package); • Increased border security activities in coordination with CBP; • National Terrorism Advisory System; • National Security Events; • Special Event Assessment Rating (SEAR) Level 1 through 4 Events • States of Emergency; • National Critical Infrastructure Prioritization Program (NC!PP); • Directed Transit Patrols; and 41 • Operational Support to a Federal Agency. Operational Overtime Requests: • Except for an elevated NTAS 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 be within the award's current period of performance and must not result in the need for a request to extend the period of performance. • All operational overtime requests must clearly explain how the request meets the criteria of one or more of the categories listed 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. • Under no circumstances may DHS/FEMA grant funding be used to pay for costs already supported by funding from another federal source. • States with UASI jurisdictions can use funds retained at the state level to reimburse eligible operational overtime expenses incurred by the state (per the above guidance limitations). Any UASI funds retained by the state must be used in direct support of the high -risk urban area. States must provide documentation to the UAWG and DHSiFEMA 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 backflll expenses are permitted under this grant to perform allowable HSGP planning, training, exercise, and equipment activities. Personnel may include but are not limited to (raining and exercise coordinators, program managers for activities directly associated with HSGP and UASI funded activities, intelligence analysts, and Statewide lnteroperabiiitycoordinators (SWIG). Sub -Recipients should refer to information Bulletin No. 421 b, 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 responsibilities. The following definitions apply to personnel costs: • HliVag. State and local entities may use grant funding to cover the salary of newly hired personnel who are exclusively undertaking allowable DHS/FEMA grant activities as specified in this guidance. This may not include new personnel who are hired to fulfill any non- DHS/FEMA program activities under any circumstances. Hiring will always result In a net increase of Full Time Equivalent (FTE) employees, • Overtime. These expenses are limited to the additional costs that result from personnel working over and above 40 hours of weekly work time as the direct result of their performance of DHS/FEMA-approved activities specified in this guidance. Overtime associated with any other activity is not eligible. • Bachifll-Related Overtime. Also called "Overtime as Sackflll," 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 DHS/FtMA-approved 42 activities outside their core responsibilities. Neither overtime nor backflll 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 deployment/redeployment of personnel to border areas and for travel associated with law enforcement entities assisting other local jurisdictions in Jaw 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 Officers/Dispatchers, non -sworn patrol pilots, etc.). Overtime shall be reimbursed consistent with the non- federal entity's overtime policy and the requirements as stated below: • Overtime is time worked that exceeds the required number of hours during an employee's designated shift. • Overtime must be worked to Increase patrol capactty and be in support of identified and approved USBP border security operations. • The OPSG overtime hourly rate of pay will be no more than the approved overtime rate per iocai law and pollcy and must be in accordance with applicable State and Federal regulations. • Exempt salaried employees may not be reimbursed for overtime unless the non-federal entity's policy specifically allows for overtime reimbursement for these employees. • The non-federal entity 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 (OPSG): Up to 50 percent of an OPSG award may be used to pay for all personnel costs (only to the extent that such expenses are for the allowable activities within the scope of the grant). At the request of a recipient or Sub -Recipient, the FEMA Administrator (or designee) may waive the 50 percent personnel cap. Waiver decisions are at the discretion of the FEMA Administrator and will be considered on a case -by -case basis. Further, changes In scope or objective also require FEMA'a prior written approval pursuant to 2 C.F.R. § 200.308(c)(1)(1). A formal OPSG personnel waiver request should: • Be on official letterhead, include a written justification, and be signed by the local jurisdiction. • include a budget and method of calculation of personnel costs both in the percentage of the grant award and in total dollar amount, reflecting the change in scope or objective to the project. • Include an approved Operations Order from the US8P Sector office that supports the local jurisdiction's written justification. • Be coordinated with the USBP Sector, SAA, and the DHS/CBP Office of the Border Patrol (OBP), As with all OPSG personnel costs, OPSG grant funds will be used to supplement existing funds and 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 • Sub-Reoiplents may utilize temporary or term appointments to augment the law enforcement presence on the borders, However, applying funds toward hiring full-time or permanent sworn public safety officers is unallowable, • OPSG-funded temporary or term appointments may not exceed the approved period of performance. • For OPSG purposes, temporary appointments are non -status appointments for less than one year. • OPSG funding for temporary or term appointments may pay for salary only. Benefits are not allowable expenses for term or temporary employees. • OPSG remains a non -hiring program, Appropriate uses of temporary orterrn appointments include: • To carry out specific enforcement operations work for ongoing OPSG-funded petrola throughout the Sector Area of Operation; • To staff operations of iimited duration; such as OPSG-enhanced enforcement patrols targeting specific locations or criminal activity; and, • To fill OPSG positions In activities undergoing transition or personnel shortages and local backfifl policies (medfcai(miiitary deployments). • OPSG term and temporary appointments must have all necessary certifications and training to enforce state and local laws. OPSO funds will not be used to train or certify term or temporary appointments except es otherwise stated In the OPSG section of this manual and the H$GP NOFO. • 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 costs associated with staffing and general IT computing equipment and hardware, such as personal computers, faxes, copy machines, modems, etc. OPSG is not intended as a hiring program. Therefore, applying funds toward hiring full time or permanent sworn public safety officers is unallowable. 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 Mtpsi/www,fema.gov/exeroJse. • Design, Develop, Conduct, and Evaluate an Exercise • Exercise Planning Workshop • Full- or part-time staff or contractors/consultants • Overtime and backfill costs, including expenses for part-time and volunteer emergency • Response personnel participating in DHS/FEMA exercise • implementation of HSEEP • Activities to achieve exercises inclusive of people with disabilities • Travel • Supplies 'associated with allowable approved exercises • Interoperable communications exercises 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-Reciplents 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 Inctuded in the plan. • Validating Capabilities. Exercises examine and validate capabilities -based planning across the Prevention, Protection, Mitigation, Response, and Recovery mission areas. The extensive engagement of the whole community, including but not limited to examining the needs and requirements for individuals with disabilities, Individuals with limited English proficiency, and others with access and functional needs, is essential to the development of an effective and comprehensive exercise program. Exercises are designed to be progressive — increasing in scope and complexity and drawing upon results and outcomes from prior exercises and real - world incidents to challenge participating communities. Consistent with Homeland Security Exercise and Evaluation Program guidance and tools, the National Exercise Program (NEP) serves as the principal exercise mechanism for examining national preparedness and measuring readiness. Exercises ahould align with priorities and capabilities identified in a multiyear TEP. • Special Event Planning If a state or Urban Area will be hosting a special event (e.g., Super Bowl, G-B Summit), the special event planning should be considered as a training or exercise activity for the purpose of the multi -year TEP. States must include all confirmed or planned special events 1n the Multi -year TEP. The state or Urban Area may plan to use HSGP or UAS1 funding to finance training and exercise activities In preparation for those events. States and Urban Areas should also consider exercises at major venues (e.g„ arenas, convention centers) that focus on evacuations, communications, and command and control. • Regional Exercises. States should also anticipate participating in at least one Regional Exercise annually. States must Include ail confirmed or planned special events in the Multi- year TEP, • Role of Non•Governmentat Entities In Exercises. Non -governmental participation in all levels of exercises Is strongly encouraged. Leaders from non -governmental entities should be included in the planning, design, and evaluation of an exercise. State, local, Tribal, and territorial Jurisdictions are encouraged to develop exercises that test the Integration and use of non -governmental resources provided by non -governmental entitles, defined as the private sector and private non-profit, faith -based, community, participation in exercises should be coordinated with the local Citizen Corps Councii(s) or their equivalent and other partner agencies. FDEM State Training Office conditions for Exercises: For the purposes of this Agreement, any exercise which Is compliant with HSEEP standards and contained in the State of Florida (and County or Regional) MYTEP qualifies as an authorized exercise. The Sub -Recipient can successfully complete an authorized exercise either by attending or conducting that exercise, • in order to receive payment for successfully attending an authorized exercise, the Sub - Recipient must provide the Division with a certificate of completion or similar correspondence signed by the individual in charge of the exercise; additionally, the Sub -Recipient must provide the Division with all receipts that document the costs Incurred by the Sub -Recipient in order to attend the exercise. 45 * fn order the receive payment for successfully conducting an authorized exercise, the Sub - Recipient must provide the Division with an Exf'LAN, AAR/IP, 1PC/MPC/FPC Meeting Minutes and Sign -In Sheet for exercise attendees; additionaliy, the Sub -Recipient must provide the Division with ail receipts that document the coats incurred by the Sub -Recipient In order to conduct the exercise. The Sub -Recipient must include with the reimbursement package a separate copy of the paga(s) from the Exercise Plan which Identifies the participant agencies and a printed page(s) from the State (and County or Regional) MYTEP reflecting the exercise. • If you require food/water for this event, request must come to the Division within 25 days prior to the event, In the following format: Exercise Title: Location: Exercise Date: Exercise Schedule: Estimated Number of Participants that will be fed: Estimated Cost for food/water: Description of the Exercise: D. Allowable Training Related Costs (SHOP and UASI) Allowable training -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 agencles (e.g., HHS and DOT). Training conducted using l-ISGP funds should address a performance gap identified through an AAR/IP or other assessments (e.g., National Emergency Communications Plan NECP Goal Assessments) and contribute to building a capability that will be evaluated through a formai exercise. Any training or training gaps, including those for children, older adults, pregnant women, and Individuals with disabilities and others who also have access or functional needs, should be identified in the AAR/IP and addressed in the state or Urban Area training cycle. Sub -Recipients are encouraged to use existing training rather than developing new courses. When developing new courses, Sub -Recipients are encouraged to apply the Analysis, Design, Development, Implementation and Evaluation (ADDIE) model of instructional design, • Overtime and backfiil for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes • Overtime and backfiil expenses for part-time and volunteer emergency response personnel participating In DHS/FEMA training • Training workshops and conferences • Activities to achieve training Inclusive of people with disabilities • Full- or part-time staff or contractors/consultants • Travel • Supplies associated with allowable approved training that are expended or consumed during the course of the planning and conduct of the exercise project(s) • Instructor cortiflcatlon/re-certTfcation • Coordination with Citizen Corps Councils In conducting training exercises • Interoperable communications training Additional Training information Per DHS/FEMA Grant Programs Directorate Policy FP 207-008-084-1, 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. DHS/FEMA will conduct periodic reviews of all state, territory, and Urban Area training funded by DHSiFEMA. These reviews may Include requests for all course materials and physical observation of, or participation In, the funded training. if these reviews determine that courses are outside the scope of this guidance, Sub -Recipients will be asked to repay grant funds expended in support of those efforts. For further information on developing courses using the instructional design methodology and tools that can facilitate the process, SAAs and TPOCs are encouraged to review the NTED Responder Training Development Center (RTDC) website. DHS/PEMA Provided Training. These trainings include programs or courses developed for and delivered by institutions and organizations funded by DHS/FEMA. This includes the Center for Domestic Preparedness (CDC'), the Emergency Management institute (EMI), and the National Training and Education Division's (NTED) training partner programs including, the Continuing Training Grants, the National Domestic Preparedness Consortium (NDPC) and the Rural Domestic Preparedness Consortium (RDPC). Approved State and Federal Sponsored Course Catalogue. This catalogue lists state and Federal sponsored courses that fail within the DHS/FEMA mission scope and have been approved through the FEMA course review and approval process. Art updated version of this catalog can be accessed at www.firstrespondertraining.ciov Training Not Provided by DNS/PEMA These tralnings include courses that are either state sponsored or Federal sponsored (non-DHS/FEMA), 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 and/or delivered by institutions or organizations other than Federal entities or FEMA and are sponsored by the SAA or their designated TPOC. • Joint Training and Exercises with the Public and Private Sectors. These courses are sponsored and coordinated by private sector entities 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 DHS/FEMA provided training and other federal and state training can be found at: www.firstrespondertralning.gov. Training information Reporting System ("Web -Forms"). Web -Forms Is an electronic form/data management system built to assist the SAA and its designated State, territory and Tribal Training Paint of Contact (TPOC). Reporting training activities through Web -Farms Is not required under FY 2020 HSGP, however, the system remains available and can be accessed through the FEIViA Toolkit located at httos://www.firstrespondertrainino.govtfrt/ 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 - Recipient must provide the Division with the course materials and a roster sign -In sheet; additionally, the Sub -Recipient muat provide the Division with all receipts that document the costs incurred by the Sub -Recipient in order to conduct the course • For courses that are non-DHS approved training, Sub -Recipient 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 -Recipient must provide a copy of the course materials and sign -in sheets. a The number of participants must be a minimum of 15 in order to Justify the cost of holding a course. For questions regarding adequate number of participants please contact the FDEM State Training Officer for course specific guidance. Unless the Sub -Recipient receives advance written approval from the State Training Officer for the number of participants, then the Division will reduce the amount authorized forreimbursement 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 (SHOP and UASI) The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories for HSGP are listed on the Authorized Equipment List (AEL), The AEL le available at httoa://www.fema.cov/authorized;eouipment-list. Some equipment items require prior approval from DHS/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/FEMA adopted standards to be eligible for purchase using these funds. In addition, reciplents 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 collaboration with State/city/local health departments who administer Federal funds from HI -IS 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 "Florida's Domestic Security Strategy". Equipment purchased with these funds will be utilized in the event of emergencies, Including, but not limited to, terrorism -related hazards. The Sub -Recipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed location within two (2) hours of a request 48 for said deployment. The Florida Division of Emergency Management (F17EM) must approve any purchases of equipment not itemized in a projects approved budget in advance of the purchase, The Sub -Recipient will, in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the °Florida Domestic Security Strategy," ensure that all equipment purchased with these funds Is used to respond to any and all Incidents within its regional response area as applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FDEM will take prudent and appropriate action to determine that the level or intensity of the incident Is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. Allowable Equipment (OPSG) OPSG equipment Is intended to be incidental to the enhanced border securty operations being performed. The grant is not Intended to -be used to outfit or supply general equipment to SLTT law enforcement agencies. Equipment must be relatable to and justified by the operational benefit it will provide. • Equipment Marking. Because equipment purchased with OPSG funding Is intended to be used to support OPSG activities, it 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 with DNS funds for ()paragon Stonegarden Use" • Fuel Cost and/or Mileage Reimbursement. There Is no cap for reimbursement of fuel and mileage costs in support of operational activities. Vehicie and Equipment Acquisition, Including Leasing and Rentals. Allowable purchases under ()PSG include patrol cars and other mission -specific vehicles whose primary use is to increase operational aotivities/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. • Vehicle and Equipment Acquisition, including Leasing and Rentals: Allowable purchases under OPSG include patrol vehicles and other mission -specific equipment whose primary purpose is to Increase operational capabilities on or near a border nexus in support of approved border security operations. A detailed Justification must be submitted to the respective FEMA HQ Program Analyst prior to purchase. • Medical Emergency Countermeasures: Allowable purchases under OPSG include narcotic antagonist pharmaceuticals, detection and identification equipment, safe storage and transportation, personnel protective equipment, and Initial equipment training, as will be reflected in the AEL and explained in 1B 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. • G rant funds may not be used for the purchase of equipment not approved by DHS/FEMA. - Grant funds must comply with IE 426 and may not be used for the purchase of the following equipment: firearms; ammunition; grenade launchers; bayonets; or weaponlzed aircraft, vessels, or vehicles of any kind with weapons Installed. • Unauthorized exercise -related costs include; 49 1 o 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). o Equipment that is purchased for permanent installation and/or use, beyond the scope of the conclusion of the exercise (e.g., electronic messaging sign). G. Telecommunications and Video Surveillance Restrictions Effective August 13, 2020, DHS/FEMA recipients and subreciptents may not use grant funds under the programs covered by this Manual and provided in FY 2020 or prevfous 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 entities that use "covered telecommunications equipment or services" as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment Is mandated by section 880 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No.118-232 (2018). Recipients and subreciplents may use DHS/FEMA want 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 NDFD. DHS/FEMA will publish additional guidance in a subsequent information Bulletin or similar notice. Per section 889(f)(2)-(3) of the FY 2019 NDAA, covered telecommunications equipment or services means; 1. Telecommunications equipment produced by Huawel Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); 2. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvls€on Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3. Telecommunications or video surveillance services provided by such entities or using such equipment; or 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People's Republic of China. 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 stockpiling purposes, each state must have DHS/FEMA's approval of a five-year viable Inventory management plan, which should include a distribution strategy and related eustainment costs if planned grant expenditure Is over $100,000.00. If grant expenditures exceed the minimum threshold, the five-year inventory management plan will be developed by the recipient and monitored by FEMA. FEMA will provide program oversight and technical assistance as it relates to the purchase of critical emergency supplies 50 under UASI. FEMA will establish guidelines and requirements for the purchase of these supplies under UASI and monitor development and status of the state's Inventory management plan. E. Regional Border Projects (OPSG) Subreclptents are encouraged to prioritize the acquisition and development of regional projects on the borders to maximize interoperability and coordination capabilities among federal agencies and with state, local, and tribal taw enforcement partners. Sueh regional projects Include: • Communications equipment: • Radio systems and repeaters • integration with regional Intelligence and Information sharing effort (I,e. fusion centers) o Intelligence analysts • Situational Awareness equipment: o License Plate Reader Networks a Visual detection and surveillance systems o Sensor Systems o Radar Systems (for air and/or marine incursions) o Aircraft systems (manned or unmanned) J. Construction and Renovation (SHSP and UASI) Project construction using SHSP and UASI funds may not exceed the greater of $1,000,000 or 16% of the grant award. For the purposes of the limitations on funding levels, comm.unications towers are not considered construction. Written approval must be provided by DHS/FEMA prior to the use of any HSGP funds for construction or renovation. When applying for construction funds, recipients must submit evidence Of approved zoning ordinances, architectural plans, and any other looaly 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 Aot (codified as amended at 40 U.S.G. >3§ 3141 et seq.). Recipients must ensure that their contractors or subcontractors for construction protects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character like the contract work in the civil subdivision of the State in which the work Is to be performed. Additional information regarding compliance with the Davis -Bacon Act, including Department of Labor (DOL) wage determinations, is available online at https:/lwww,cidoov/whd/goveentracteldbra,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: 2565 Shumard 51. Oak Blvd., Tallahassee, Florida 32399 one year in advance of the expiration of the equipment's "posted sheff.4 fe or normal fife expectancy or when It has been expended. The Sub-Recipfent shall notify the FDEM immediately if the equipment Is destroyed, lost, or stolen. M. Requirements for Small Unmanned Aircraft System (SHSIa, UASI, and OPSG) All requoats to purchase Small Unmanned Aircraft Systems (SUAS) with FEMA grant funding must compfy with IS 428 and IS 438 and include a description of the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties of the Jurisdiction that will purchase, take title to or otherwise use the SUAS equipment. N. SAFECOM Emergency communications systems and equipment must meet applicable SAFECOM Guidance, Sub -Recipients must be coordinated with the SW1C and the State interoperability Governing Body (SIGB) to ensure interoperebiiity and long-term compatibility. O. CYBERSECURI'TY Sub -Recipients must use HSGP funds for cybersecurity projects that support the security and functioning of critical Infrastructure and core capabilities as they relate to terrorisaapreparedness and may simultarieousiy support enhanced preparedness for other hazards unrelated to acts of terrorism. P. Law Enforcement Readiness (SHSP, UAS1, and OPSG) OPSG grant funds may be used to increase operational, material, and technological readiness of SLIT law enforcement agencies. The 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 Agreement (MOA), to receive delegated authority for immigration enforcement within their {urlsdlotions SHSP, UASI, or OPSG grant funds may be requested and may be approved on a case.by-case basis for immigration enforcement training in support of the border security mission. Requests for training will be evaluated on a case. by -case haste and can only be used for certification in the section 237(g) program provided by DHS/1C1,. SHSP, UAS1, or OPSG Sub -Recipients with agreements under section 237(g) of the Immigration and Nationality Act (8 U.S.C, § t 3S7(g)) to receive delegated authority for immigration enforcement within their jurisdlotions may also be reimbursed for section 287(g) related operational activities with approval front FEMA on a case-by,case basis, For OPSG, Sub-Reolplents must be authorized by US8P Headquarters and Sectors, and operational activities must be coordinated through a USBP Sector, Q. Maintenance and Su$tainrnent (SHSP, UAS1, and OPSG) The use of OFIS/FEMA preparedness grant funds for maintenance contraots, warranties, repair or replacement costa, upgrades, and user fees are allowable, as described in FEMA Policy FP 208.402- 125-1 under all active and future grant awards, unless othenalse noted. Except far maintenance plans or extended warranties purchased incidental to the original purchase of the equipment, the period covered by maintenance or warranty pion must not exceed the POP of the specific grant funds The The to purchase the plan or warranty. Grant funds are intended to support the Goal by funding projects that build and sustain the core capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. in order to provide recipients the ability to meet this objective, the policy set forth in FEMA's 113 379, Guidance to State Administrative Agsnoies to Expedite the Expenditure of Certain DHSJFEMA Grant Funding, initially for FY 2007-.2011, 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) (MOP & IJASI) Management and administration (M&A) activities are those directly relating to the management and administration of HSGP funds, such as financial management and monitoring. Sub -Recipients awarded M&A costs under this agreement can retain a maximum of up to 5% of their total agreement award amount for M&A costs, M&A activities includes: • Hiring of full-time or part-time staff or contractors/consultants: • To aselat 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 °PSG funds, such as financial management and mo.nitoring. Recipients may retain up to 2.5% of the overall OPSG allocation prior to passing -through funding to Sub -Recipients. This funding must be deducted in an equal percentage from each Sub-Reciplent Sub -Recipients and friendly forces may retain funding for M&A purposes; however, the total amount retained cannot exceed 5 percent of the Sub-Reciplenf's subeward. Friendly forces are local law enforcement entities that are subordinate Sub -Recipients under OPSG. In other words, friendly forces are entitles that receive a subaward from a Sub -Recipient under the OPSG program. Friendly forces must comply with all requirements of Sub -Recipients under 2 C.F,R, Part 200. S. Procurement All procurement transactions wilt be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • any local procurement polloy. To the extent that one standard is more stringent than 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 -Recipient shall not execute a piggy -back contract unless the Division has approved the Scope of Work contained In the original contract that forms the basis for the piggy -back contract. Also, In order to receive reimbursement from the Division, the Sub -Recipient must provide the Division with a suspension and debarment form for each vendor that performed work under the agreement Furthermore, if requested by the Division, the Sub -Recipient shall provide copies of solicitation documents including responses and justification of vendor selection. Contracts may Include: 33 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 287.056, Florida Statutes, Alternate Contract Source: An Alternate Contract Source Is a contract let by a federal, state, or local government that has been approved by the Department of 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 ail 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 (GSA) 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 OSA 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 purohasea 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 246.971, 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 fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub-Reciplent 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, • A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. • A provision specifying that any funds paid In excess of the amount to which the Recipient or Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. • Any additional information required pursuant to s. 215.97. U. Unique Entity Identifier and System for Award Management (SAM) Sub -Recipients for this award must: • Be registered in SAM; • Provide a valid DUNS number; and • . Continue to maintain an active SAM registration with current information at 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 periods (March 31, June 30, September 30 and December 31) for the life of this contract. • If a report(s) is delinquent, future financial reimbursements will be withheld until the Sub -Recipient's reporting is current. • if a report goes two (2) consecutive quarters without Sub -Recipient reflecting any activity and/or no expenditures will likely resuit in termination of the agreement. Programmatic Reporting Schedule Reporting Period Report due to FDEM no later than January 1 through March 3j April 30 . April 1 throuph 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 Contract unless directed otherwise, the SAA, will complete the Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT) https://www.reoorting.ode.dhs.gov. The reporting periods are January 1-June 30 and July 1-December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. 3. Reimbursement Requests: 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 relmbursement within ninety (90) calendar days of expenditure shall result in denial of reimbursement. The Sub -Recipient should Include the category's corresponding line Item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget°. A line item number is to be included for every dollar amount listed In the "Detail of Claims' farm. 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. FDEM will make three written attempts to collect required information before initiating an administrative closeout. If an award is administratively closed, FAEM may decide to impose remedies for noncompliance per 2 C.F.R. § 200.338, consider this Information in reviewing future award apptications, or apply special conditions to existing or future awards. W. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Kizzy K. Caben FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 816-4348 Kizzy.Caban@em.myflorida.com Amy Garmon POEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (860) 815-4366 Amy.Garmoncc em.mvflorida.com X. Contractual Respon5sibilities • The FDEM shall determine eligibility of projects and approve changes In Scope of Work. • The FDEM shall administer the financial 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 (HSOP): HSGP supports the implementation of risk driven, capabilities -based State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs). 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 from acts of terrorism and other catastrophic events. Planning Deiiverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub -Recipient for the actual cost of successfully completing Planning activities consistent with the guidelines contained in the Comprehensive Planning Guide CPG 101 v.2. Far additional information, please see http;//zww.fema.aovfpdf/aboyt/divisionq/nod/CPG 1 0l V2.pdf or grant guidance (Notice of Funding Opportunity). For the purposes of this Agreement, any planning activity such as those associated with the Threat and Hazard identification and Risk Analysis (THIRA), State Preparedness Report (SPR), and other planning activities that support the National Preparedness Goal (NPG) and place.an emphasis on updating and maintaining a current Emergency Operations Plan (EOP) are eligible. The Sub -Recipient cart successfully complete a planning activity either by creating or updating such pian(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 auccessfully 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 Plan (MYTEP), and B) County or Regional TEP for the region In which the Sub -Recipient is geographically located, Information related to TEPs and HSEEP compliance can be found online at: https:/M ww.11is.dhs,govJhseen. 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 -Recipient can successfully complete an authorized exercise either by attending or conducting that exercise, Training Deliverable: Subject to the funding (imitations of thls Agreement, the Division 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-DHS approved courses the Sub -Recipient shall obtain advance F13EM approval using the Non-TED form by contacting their grant manager. The DI-18 course catalog Is available online at: http://tralning,fema.gov/. 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. 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 identified In the approved project funding template and budget of this agreement and listed on the DHS Authorized Equipment List (AEL), For the purposes of this Agreement, any item listed on the AEL qualifies as an authorized item. The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories end equipment standards for HSGP are listed on the web -based version of the Authorized Equipment List (AEL) on the Lessons Learned information System at htto://beta,fema.00v/authorized-ecluioment-list. 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 shell reimburse the Sub -Recipient for the actual cost for Management and Administration (M&A) activities, Costs for allowable items will be reimbursed If incurred and completed within the period of performance, In accordance with the Budget and Scope of Work, Attachments A and B of this agreement. 58 ATTACHMENT D Program Statutes and Regulations 1) Age Discrimination Act of 1975 42 U,S,C. § 6101 et seq. 2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3) Chapter 473, Fioricia Statutes 4) Chapter 215, Flor(de Statute% 5) Chapter 252, Florida Statutes 6) Title VI of the Civil Rights Act of 1984 42 U.S.C, § 2000 et seq. 7) Title VIII of the Civil Rights Acts of 1968 42 U.S.G. § 3601 et seq. 8) Copyright notice 17 U,S,C. §§ 401 or 402 9) Assurances, Administrative Requirements, Cost Principles, Representations and Certifications 2 C.F.R. Part 200 10) Debarment and Suspension Executive Orders 12549 and 12689 11) Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12) Duplication of Benefits2 C.F,R. Part 200, Subpart E 13) Energy Policy and Conservation Act 42 U.S,C. § 6201 14) False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729-3733 also 31 U.S.C. § 3801-3812 15) Fly America Act of 197449 U.S.C. § 41102 also 49 U,S.C. § 40118 16) Hotel and Motel Fire Safety Act of 199016 U.S.C. § 2225a 17) Lobbying Prohibitions 31 U.S,C. § 1352 18) Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. 19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Aot 20) Terrorist Financing Executive Order 13224 21) Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U,S,C, § 1681 et seq. 22) Trafficking Victims Protection Act of 2000 22 U.S.C, § 7104 23) Rehabilitation Act of 1973 Section 504, 29 U.S,C. § 794 24) USA Patriot Act of 2001 18 U,S.C. § 175-172c 25) Whistleblower Protection Act 10 U.S,C, § 2409, 41 US.C. § 4712, and 10 U,S,C, § 2324, 41 U.S.G. § 4304 and § 4310 26) 53 Federal Register 8034 27) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 59 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ J ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reintbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item Justification below. ETIMITED EXPENSES BUDGET CATEGORY/LINE ITEMS (list applicable line items) Fiscal Year 2020Anticipated Expenditures for First Threo 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: quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE BY CASE BASIS* Signature of Sub-Recipient/Subcontractor's Authorized Official Date: Name and Title of Sub-Recipient/Subcontractor's Authorized Official 60 ATTACHMENT F WARRANTIES AND REPRESENTATIONS Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements --Procurement Standards (2 C.F.R. §§200.397 through 200.326). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: Monday to Friday from 8:00am to 5:OOpm" *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 -Recipient. 61 ATTACHMENT G 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 Di -IS Grant Award Number City, State, Zip Date 62 ATTACHMENT H Statement of Assurances Ail of the instructions, guidance, limitations, and other conditions set forth In the Mottos of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award. All Sub-Reolplents must comply with any such requirements set forth in the program NOF0, Ail Sub -Recipients who recehre 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-Reolpients must acknowledge their use of federal funding when Issuing statements, press releases, requests for proposals, bid invitations, and other documents describing protects 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 DI -IS access to records, accounts, documents, information, facilities, and staff. 1. Sub -Recipient must cooperate with any compliance review or compliant Investigation conducted by the State Administrative Agency or OHS. 2. Sub -Recipient will give the State Administrative Agency, DHS or through any authorized representative, access to and the right to examine and copy, records, accounts, end other documents and sources of Information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub -Recipient must submit timely, complete, and accurate reports to the FDEM and maintain appropriate backup documentation to support the reports. Sub -Recipients must also comply with all other special reporting, data collection and evaluation requirements, as prescribed by taw 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. b. 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 enhanoe 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 DHS/FEMA, you must request instructions from FDEM to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200,313. 7. DHS/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may Jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and If any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass -through entity, if applicable, and DHS/FEMA. S. Sub -Recipient will comply with the applicable provisions of the following laws and policies prohibiting discrimination; a. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based on race, color, or national origin (Including limited English proficiency). b. Section 504 of the Rehabilitation Act of 1973, as amended, which prohdbits discrimination based on disability. c. Title IX of the Education Amendments Act of 11372, as amended, which prohibits discrimination based on sex in education programs or activities. d. Age Discrimination Act of 1975, which prohibits discrimination based on age. 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 t 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:1 Appendix fl 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. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.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 fess 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 1 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. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended --Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C.1251-1387). Violations must bereported 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 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must 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 Eff. 11/12/2020). Please note that the sub -recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix 11. ATTACHMENT J 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 designed to assess a Sub -Recipient agency's compliance with applicable state and federal guidelines. Monitoring is accomplished utilizing various methods Including desk monitoring and on-slte visits. There are two primary areas reviewed during monitoring activities - financial and programmatic monitoring. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements. It involves the review of records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring seeks to validate and 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 j-ncit�tte: • Management and administrative procedures; • Grant folder maintenance; • Equipment accountability and sub -hand receipt procedures; • Program for obsolescence; • Status of equipment purchases; • Status of training for purchased equipment; • Status and number of response trainings conducted to include number trained; • Status and number of exercises; • Status of planning activity; • Anticipated projected completion; • Difficulties encountered in completing projects; • Agency NIMS/ICS compliance documentation; • Equal Employment Opportunity (EEO Status); • Procurement Policy FDEM may request additional monitoring/information of the activity, or lack thereof, generates questions from the region, the sponsoring agency or FDEM 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 to the review of projects, financial activity and technical assistance between FDEM and the applicant via e-mail and telephone. On -site monitoring are actual visits to the Sub -Recipient agencies by Division representatives who examines records, procedures and equipment. 67 Desk monitoring is an on -going process. Sub -Recipients will be required to participate in desk top monitoring as determined by FDEM. This contact will provide an opportunity to Identify the need for technical assistance (TA) and/or a site visit tf FDEM determines that a Sub -Recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant Sub -Recipient agency name, year and project description and the nature of the issue in question. Many of the Issues that arise may 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 • 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-S€tq Menitorin r Protocol On -site monitoring visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient There is a financial/ programmatic On -site monitoring checklist to assist in the completion of all required tasks. Site Visit FirenarrEtlon 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. QmSite onItoring Vlslt Once FDEM personnel have arrived at the site, an orientation conference will be conducted, During this time, the purpose of the slte visit and the Items FDEM intends to examine will be identified. Ali objectives of the site visit will be explained during this time. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item selected for review should be visually inspected whenever possible. Bigger Items (computers, response vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per Sub -Recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm 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 for that particular piece of equipment. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucherlrelmbursement, equipment, questions, etc, Pest Monitoring Visit 1 EM personnel will review the On -site monitoring worksheets end backup documentation as a team and discuss the events of the On -site monitoring. Within Forty -Five (45) calendar days of the site visit, a post monitoring ratter 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 latter to that effect will be generated and sent to the Sub -Recipient. The Sub -Recipient will submit a Corrective Action Plan within a timsframe as determined by FDEM. Noncompliance on behalf of sub -grantees Is resolved by management under the terms of the Sub -Grant Agreement. The an -site monitoring report and all back up documentation will then be included in the Sub- Reclplent's file. Monitgring Resoonslbiiittes of Passthrq Fntittes Subreciplents who are pass -through entities aro 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 subreciplent as necessary to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. Subrecipient responsibilities also Include but are not limited to: accounting of receipts and expenditures, cash management, maintaining adequate financial records, reporting and refunding expenditures disallowed by audits, monitoring If acting as a pass -through entity, other assessments and reviews, and ensuring overall compliance with the terms and conditions of the award or subaward, as applicable, including the terns of 2 C.F,R. Part 200. 69 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 end 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 a Equipment buildings (such as those accompanying communication towers) o WratersIde 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 60 years old or older • 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 Fencing o Closed-circuit television (CCTV) systems o Motion detection systems o Banters, doors, gates and related security enhancements In addition, the erection of communications towers that are included In a jurisdiction's interoperable communications plan is allowed, subject to 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 ($AA) for review prior to funds being expended. The SAA Point of Contact for EHP review is: Ms. Felicia Pinnqok Bureau of Preparedness — QomestiggSecurity 2555 Shumard Oak Boulevajct Tallahassee, Florida 32399-2100 Telephone: 850-615-4043 I PSubmisslons@em.myflorida.com II. 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 correctly? ❑ 2. Has a(I appropriate documentation to denote hours worked been properly signed? ❑ 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been Included? (Note - If a meeting was held by Sub -Recipient -or contractorlconsultant 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 r_ Credit Card Statement & payment to credit card company for that statement ❑ 6, Has Attachment G (found within Agreement with FDEM) been completed for this contractor/consultant and included in the reimbursement package? ❑ 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment irfurther clarity is needed. Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) Consultants/Contractors (Note: this voiles to contractors also billed under Ordanfzationl 191±1frV G 1. Is the course DHS approved? ❑ 2, !s 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 billing for overtime and/or backfili, 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 delineation/cross reference been provided showing who was baokfilling 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 ❑ 7. Has proof of purchase methodology been Included? Please see Forst 5 of Reporting Penns or Purchasing Basics Attachment if further clarity Is needed. Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract#, price list) Competitive bid results (e.g. Quotewlre, bid tabulation page) EXP 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 D 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 backfill, has a clear delineation/cross reference been provided showing who was backfilting 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 Ej 6. Have any expenditures occurred on rental of spacellooations 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 (� 1. Has proof of purchase methodology been Included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment If further olarity Is needed Sole Source (approved by FDEM for purchases exceeding $26,000) State Contract (page showing contract #, price list) Competitive bid results (e.g. Quotewire, bkd tabulation page) UPE7 1. Have all invoices been included? 2. Has an AEL # been identified for each purchase? 3. If servlce/warranty 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 was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement [] 5. If EHP form needed, has a copy of the approval DHS been Included? G, Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment If further clarity is needed. Sole Source (approved by FDEM for purchases exceeding $26,000) State Contract (page showing contract #r`, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) TRAVEL/CANFEReNCES 1. Have all receipts been turned in, itemized and do the dates on the receipts match travel dates? Airplane receipts Proof of mileage (Google or Yahoo map printout or mileage log) Toff and/or Parking receipts Hotel receipts Qs there a zero balance?) Car rental receipts Registration fee receipts Note; Make sure that meals paid for by conference are not included in per diem arnount El 2. 1f travel is a conference has the conference agenda been included? ' [a 3. Has proof of payment to traveler been included? Canceled check (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement Copy of paycheck if reimbursed through payroll 73 SALARY PO$f TONS 1. Has a sinned, timesheet by employee and supervisor been Included? Timesheet must certify the hours and information presented as true and correct. 2. Has proof for time worked by the employee been included? is time period summary Included? Statement of Earnings Copy of Payroll Check Payroll Register For fusion center analysts, have the certification documents been provided to the SAA to demonstrate compliance with training and experience standards? ORGANIZATION ❑ 1. If billing for overtime and backffll, 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 backffll, 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 POETE 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? ❑ 8. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? ❑ 7. tf this purchase was made via Sole Source, have you included the approved Sole Source documentation and justification? El 8. Do all your vendors have a current W-9 (Taxpayer identification) on file? Please note: F13EM reserves the right to update this checklist throughout the fife of the grant to ensure compliance with applicable federal and state rules and regulations. 74 ATTACHMENT M CERTIFICATION REGARDING LOBBYING Check the appropriate box: a 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 II(I); 31 U.S.C. § 1352: and 44 C.F.R. Part 18. ❑ This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement will be Tess than $100,000. APPENDIX A, 44 C.F,R, PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been 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, 3. 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 fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The 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 7\ifor False Clai an Stateme ts, apply to this certification and disclosure, if any. 5ignatur'e of Sub -I Iplent/subcontractor's Authorized Official Arthur Noriega, City Manager Name and Title of Sub-R cipient/subcontractor's Authorized Official �11 Date 75 ATTACHMENT N REPORTING FORMS An Excel version of the following forms along with instructions will be provided separately. RECIPIENT / GRANTEE Ina Pliant ArsYorre City, W win Zip P0O Nor•. Plna iofal te.y Repoli! OIVtOION Or CMCROENCY MANAGEMENT rIntanolal History and Perrormnnoe Traoking FORM 1A AORYSIkWNTa 11n oo-N QUARTERLY Re PoRrI to OUR 0AT9S (cam ao a ve• erawyuwrerarzery begoea an wg,,f roes Perle4, X'f ('=ro+ Salvcl perbd or Pa Yumorco B!mdod oeN• urn oeloWolod far yeas You do ra need le onto, arvi4Nis Inks lire For dn.ellono Moe link Clots/gory Total Allow toe Quarterly rands Winona..I Total Fends Sep •ritf•—ill e Ap.nditun(r1 Gant pleuen r..r..n1 R.m.lnlrtp Bal.npe Casts . .. _.., ,... • . • .. -. �... ..� 1 .... �, • •.. _...... $ ..... . . $ . 3 e - •.�. .... rySa.b.: x.:'vhi'1fi!!; `;'.t:qs. T torn rJl•ml.w C V. 229entzNlon COI. E .m Coals 1i,, MAA Conte (amnnt aP to 1% ur row Auant, Tatol Eop.n4llpeap 40.00 • Sd, Co 1 #OAQ #0.0p Performartee T1'aoklnr PreJ.N 11e• Oar. eery .tart Doi. Priala.tod Pap Dab Pomo.a.ye Pamirs Allee4l.r1 Prela tit Statue ConnPkrad tauae.t a • TOTAL pro envois* P.rvea*peJ Clrm/allue Amreae Pr•Nounly 9rlbn14told ter lbnntlssslrlent 1 ha.aby e.rtl y e1.1 Ilse soM ar. Iron pad valid port Indurr•d Irt eaeeedeneo W011 OW prole or aera.m.nL .al1,wd. Dal. Tb1Y Re.ahed *owe Mimeos I h•roby wdly that the ^hove ..tie Ore tru• .nd vitae .o n.)neurred In •oo.rd.nao with n,• pinlaet pgr•amant. BlDned: Onto: Phranal.l Opt.. - By plena e+ro r.aan, I o.nit 0. No boot VOW An.+Hed.e nod ao.er h.1 4r w rapan to .0, mm pl slo, ama neaurato. and the o.een,aUrea, dlalurf art ool. and w.h receipt. mn tar ll+o 11U'pnnaa end nbindlM• ant bdh In Po two. e1+d enrwnllonn nl ln. nonnr.1 .W,wd. 1 am ova... Inn(nny Man. Oc111o11a. Of ken yd uinrll .nrem,dllnn. or the molnelon of any rnaronnitoot. nu, •ub)or4mI. 1. ea•nlnnl, pollvans Woe ta'Oven, 11la• wore man, tali.+ eelino mr o4..,oLr o Reolp lent east 61...4 O1V IDION OF EMERGENCY MANAGEMENT Quarterly 8taRrn Report FORM 13 A OIIe B1MBNTII /609-'E IHOTRUOTIONS oso any. alma OP dor Irr.tru of lone on oenrplote Ind t POO. Kamp 1{! dbkNnpN660 till.'. .— _._..-- i �... �. pR4:1gat.tT9N�(ErLhanueL.7?whoop•AIRLP.!t9,.9wanIr-aJp!hF_t.!!YY^_d).•_tle?9_e[ayi4t • cunneyr ctwtup .a_nr e.oh.set. !t..-........................................___I 114 14440 09 RVtMf9 POR fe9PQRTMO PERIOD .. iO111'i@N (Opdensd-Can mall whorls! .Mpe1d4s.a INI yet siphon/ a.<yor AnY Fenteolea bdlurpa ona ^peon (.e. opal .gunge ur oonacll•d p.cjnct.). 7E00IN16AL ABBI.TANO4 le IonYeilnal foobtanee rllrrrtAiS .1 "yo.", era ya.I mq.00lln0. amigo 4o11 ar phone nail 1 hanby eertiry th.t SO* above Il+Iorn,Mlan pr.vldad .ris true and 1h• arrow ore yo114 aool(.) lneurr•se In aeoorO. non WIUo the prone. aprenl1.nt. nlynect Date: Brant Msnse.r Dynlonln4Jew report, IanrfrbCho bootormy knead wino and bo4ar4'.a(Ole moon I.1rua,mmp'olo,.,rl aowur.le, and Q. ..I,ondlloro., dl.bureemonlen man rwcolon nra rorll+a rOneeaoa inn 0Wedlyoe set brill In Ilro bmla and earn/Mons of Ito Fndoryl mania. I ion uwam Oat Any Iola*, 11UI1a+1.. or Sorkelonl information, or U,v owl,. ion nl any n,db,lul fact, lnay oub)oMI no let4n%I ol, n1r11er.doh inl.PION.r POI 1a4O.efur frau d.1e1ao alone,.nl.,*iae ola4na or Whamsa o. 76 RECIPIENT I GRANTEE r test • Street Address City, State Zip POC Name POC Phone DIVISION OF EMERGENCY MANAGEMENT REIMBURSEMENT REQUEST Form 2 AGREEMENTS 10•DS-TO Agreement Amount Submission Date Payment $ Payment Amount COSTS INCURRED DURING THE PERIOD OF July 1, 2013 THROUGH September 30, 2014 ahodod cola are I:abounded for you. You do not rood to enter *vitally Into snouted Dolls. THIS MUST BE ACCOMPANIED try THE DETAIL. OP CLAIMS FORM 1, Planning Expenditures 2, Training Expenditures • 3. Exorcise Expenditures 4. Organizational Expenditures 6, Equipment Expenditures B. Management and Administration Expenditures (flrrilted�rr to 6%ofthe total avant) TOTAL. EXPENDITURES $ - herohy oertiy that aha above *arts are true and valid eves incurred In aeeordanae wIth the projod eareent*nt. Shined: Data; Greet Monadic .1 heartily middy flotilla Above *oats on true and valid aunts Miasma In amerdenaa with Do prolset atldeemenL Stoned onto: Flhehelal maser t3y Poring thb report. I mrtty to the but el my knowledge and ballot put the report to hue, oomplNa, and *carats. and the expenditures. diabursonapb end cuslh receipts el tar Sr6 purposes end oCjaeihoo set forth In Um Isms end oorsltons at the Fador01 mooed 1 um sows tat any Ideu. delplam, or *shake* hdomtelloo, or the dtysslon of err mataid feet, may s WIOel lna to criminal, one or otan4*.bnthe penalties ter trout, lento elatatnente. false Malmo is toMendso. TO HE COMPLETED BY DEM STAPP AGREEMENT AMOUNT PREVIOUS PAYMENT(S) This PAYMENT REMAINING BALANCE $0.00 $0,00 $0.00 TOTAL AMOUNT TO Ent PAIO ON TRIO IpVD106 60.00 DOM FORM CPR . 6 0114 DATE au6Mtrtao TO POEM 77 4110 wN.�. an.. ...l..a.w..n.av b..nr.•.Y...arr.• vw.a.r.4%Wa..e �J•...r.. ...rxiwrh..l rT..«.MAnI./u'.Mnn1 u.%MM .w. .._ u..�. r•.�r.. Alas ..n.—_.......=gar ...........:...: ;:r�..... -......-. —, -�-. -•. �..� ...._ti — .-._.............. _ _.. _...-._--.__._.....� �_.�....._._... �._.....__ ........_.___.... ____ _..__..____................_--.-_...._ ,...—...,.... ----���.�..... --"................._..__ _-`--_':: ...--yyam� J�yu.an ! c4....f.L•w ._-_.._...._.......... -..^ .--. •.Paw al.v.n.Ov WPM^»M'wary.le f�wMw'+til»rvr 4.0. .� �rawi .....JIUl..1..JPY...._�......_ '.5..•.r._.._..��..Ju..IWY.aa�ifWY�.w.... �. .ru.waaum.a. �..Wl.nl..L..._._Y.asll� .... .6 O Y.vM...r.a.WrN•NP v ... ' MM... x �•a •+M u.sre ..t_...._aY»fr ... ... xw....+...w.r ...w1....w...Tn ar..enwux wuua.r..am ..w.. w..»xawa w..•M./.r_. n.M+r. _.�.�_._..�._._.._.. _._.,,�..-.._._.ram-. ..�. ......._.....-.-— ___.r..n.. na.L_ ..-.. ......._..._._...inr.u.r�..:'W.� ..f ... 'Sw....ru.r_.......xrn.._ r 10a0161..4sawaw..'fu.11n1-••.. .,Pp.. .l..a»...O.. O» q..as.ts..0171v M .....0»AMM.M• eveMshm '.�u.......rv....wnr.'r...... rwinww N+ ......._ "..w_.�.. a........Ma.uwu........v.nwn....+r.-.....�.�.�rrwaw.nx.. ._.�........ -....— ..._t .......... .. .... ..... «.... ...w... ems. ....rwwv.. .......�..._... _�.--..._.--.... _._.._._.�_..��-�_ �. W2.. ...w w. w.n..•rw.ra.w •Mam...n u.. r.-.•• n. r.« a..rnn a M. MOM .nx un.+nm wnra++..-r..a.w. ySY•S.w.Z.�v�nw. M. ,....« ;xibcrnr;e.ar. u ar ...,....... nNu...n. VIM wow' 78 440115 �. I._J — — A... =.ram,.. - .... WI a a:..•...., .. �.. — a ....... roar._.......s -6. . _ __ __ y y.. w..u.'•G',.....,..kr. ..7.-44.-"---,.r-..4.. .. -- �. .�y,so - Wm. M.w.u. ,..ay.•..MU."-•....r....,w... uwn ".... ye , ' ..v.. .r r...,•�V.. ►..... +.r Cag.... i r ... - - -. .r........ en* vw .... .,.... ...a.... .........Ir.-. .... .......• mr .. ij 4rfam ..:,= V..s.=S:: ':i: .....�.w..."--...--..-...-...-r.. u..-.....".... 11���� .=% .... l 1:7: .:1:: t Ta•.31iS:3'ISX.,..A X - _. ....s • ... • • Na y -:: L:=1 :.•:s:=: r..-=.. ti...:a.-.-_ ;..-..-_.._.. sa.sa:1::: ...vsax .r..c:..�x.-azaFs.:rFa.-... ... — gari,, ::.`-tia-F•tc.'"'c..m - ,r............a...a - ._..•.. • - ,.. _. .«- ._._ t nee --=, • •. s...o1 .i. ._- .w ---- ---.. .�.j ...... - Sa9T1L ...--xw,.... ......gym _..... _ �. - +.w i-- .i L.. ....a ---...•...-........�ii..i rei.i.,wrt•.`..7..'"':-.. q....•• "r v... ...uq..... n.. ........v vuww�..yu = • Y••✓2 a..t ...a.. J irislt tir'rri:r:Rho7..•remir.�_rrsm:-Y.:4-^"' - 79 Von dor Name: rnvoloa et DIVISION OF QMERGBNCY MANAGEMCNT Procurement Method Roport Form 8 • Agreement A; 16•D8-T0 krvoloe Amount: Shah to Apo; ream lovers. Th/s mpnrtmuar fro wed to surnnrnrh» mothocldoayi tr all praeurernama. All forma montloneel a .oIlnb/o at kiittr[ldYud.Don a.owencJsuGluNateuoLeArw.ftuuru-utIM Submclplonfo moat cl,oen 1ho fndotolly dobanodauopor4od vandora at Syolorn for Amami MonaUornprlt (provlouafy ached Excluded pertlea Oat Syalorn) rat ruuvaom.yo v prior to o.osal 'on of any procuromont or oorrbuat Cheek epprdp41Mo boxes bolovr System for Award Managoment (SAW Cher Non I Fyolam for Award Mnnogorneal (SAM) Mr dnhanneol/nlrs0an0lon (print pogo and *Banal. U no'earth won Iotrel for Me Vendor, eolnpleto Ova 0 FOE fir clebormenlrompenalon furmfoveled In Om gnat avroomord. Affirmative Steps Vvbn nocraoewy alatmaaN3 slope tartan b 000wo Intl minority busing moo, womctio oniarpri ono, and Inbar ourplua ormo tnwswom Wed? El treader Name: Vendor Typo: Amount Von dor Sarno: Vendor Typo: Antoulttl Solo Souroe and Single Vendor Response to n Competitive Bld All sal. *Muse procurements rod elr0ke vendor osnponeo to a competitive bid ngnire pro -approval by ha Florida DlVulon of Emor0•nty roan. gomort A Oo1,e8110 Security Unit one taro of Me Sob Source Rom SCENT,' solo ammo apprnvml deruonontotion will bo malottinod In both km Nnrdloliorel end POEM grant Oleo. State Term Contrnot Slate Tam C0Nr0o1 le whenconnocled vondnr(s) provide spodflo commutates and attracts pracivleoe 1n n(]araloa on tie ao-noadad boslo for M spooned period 01 yarn. Vendor Name: Amount: Staro Tarn C animal Ml Dlsorotionary Parnha.os Puroh000s up to 62,4e0t shalt be oorrlod out US lag good purohooing preotloos wince. may Include written quotations or wdn.n noord or telephone quotas. Q 50- S2,400- 8eforso ra too and t•Jonunto oompeNlon must ho doo emonroo for furladeotiorle armnl Oleo. Purehoaaa creator than 02,600 but lees that; $36,000; lie quires at leant Iwo (2) eloountentad written quotations. Doourno ei.d quota; must be atloohed. Cl 52,S00 - t34,9e0 - C ernkcellna males ant numbed for rohnbura umonl (tor ;moth F'oou amoral). t. Vondor Sarno Ameunh 2. Vendor Nemo Amount: 3. Vander Noma Amount: 0oloollou Method & Jua6liondan; Format SOPoltetione *loan AJ,nrla,a Yse. lop n. Ob.. u rw 111b1naan.r D.I.al,ar..ure so laae•a ru.1 .1aW1me b 11.1,.14t Scone o/ Work (SOW) must be provided. • 606,000. Ornate,- Wdllon sokolI00on regdrod end pro.oppreve; tom FO0M. PDEM Pro -Approval roeolu*d date Indr00on to Did, Request fir Proposal or flNtoion to Negotiate document., Pubgehod anvor!loetnent endfor Ronal labors. List at. notandllud proposalo/vnn dor anti the bit! ernotnts. V ardor owaNrnalsalon o.11ona, Jim/gcaUun statement on to why vendor was chosen. Contra^' avrerd/Chimps con/orruRovnloro/Amendmonts/oto. Altornetly. Contract Souroe Dammorlllloo or nominee available to e1. Stole via oubido oontraot vohiole. A oopy of thb oxooutod aontraol must ba subndttod. ❑ Smetana front • Piggyback Contract or [general Sorelcoo Adnl',nleroibn approved vendor seta (30460,000) 1. Altplloabla Oevernmant Contract 2. Vondor Namo If OSA oontraot roq.lres additional quotes pleooe submit them along well this report aordly the aims,* Informnlon Is Imo and ;mamma Mari do0uniontatlan rolalod no this proaunmeritls an lye and avallabta upon ragwort. orate Panama' SIat.I.r Mint her" and Title Del. 00 .Ielrino 1N. reran, 1 etrtlty re the. beer a my 1. •vol.le..aa 6100 Pal M. revert le tare..oarp114, and ae.unts, .red aim .xpanditute. di.xu roomnhtc ant welt m .I14ar. tar lure purge..e ate ebl.Slvaat ea aria In Ma trrna.ed ...Pa. ter Ne aed.r.l award. I on; aware Mat soy /nice 'ails,,., or trauaureet lnlermalloa, er or. ee.I.S.. army aware.' b./, may urb1e.i Ma le'Amin• I, seller Nevin lunette. lama rea. roe lamb re tee o44rna" NI.s Nola. or 0memlre. Title roport shot tto used to summarize the mothodolotly for all proouronfonta 80 rSO -A 1.00x nondn Awrdnwuetlwandt 107-05T P,a. 611.1e of 6laido Stalula ;cm tDe:117 .1004 ]e cod. of Pedutl aoal.lee. F.denlrat.. moeuren. nt a.n rent.. NagWtrdSIBtaIutms: MOW toIs DIVISION OF EMERGENCY MANAGEMENT Cost Analysis Form 6 IRIPAIIMa COSTAfd1c1510 AxlQet Z s bei m to be grouted Wlhe Contractor, Se abdsed MANttsns pg A to to mot* by lie Cepatmant C7ttract?H 0 tr See cliched reuctim I. .212.19t1=ftlat A.Won- ItiarotTc0/Poslbn) II! r.00 $) Nun Tata's($ 15 • 40 • 1000 itmcbts AEM01091owa Mat IxIX4epil ' • __0. __4 _ • - 4. -_ blotsredes 1K0 0. Mass Wells (►0te°a+T001 massappitttst) Axle% .Tet0SA W. TdM$ O.COt/ " htA krtonnd Ores* IA+0) �� tostattbn Ott Cosi 1 Qtantt Total$ ' ...---.0. • Total WOW 0 1.00a17@At OcubtE0. Lie CrAt S geaaay Total ( • "-1 ' • 0 * " 0 Total WWI* 0 t• DM Per Fag/ PaPX0 01triba Dais 200i Ratet *me Tot* 3 f e i+1 • 1• 0 f ' 141 • 1. 0 t I,1+1 1-_Q. Toth Trod 0 5 Sam O orSakes Tee/late 1 *um Total $ '. t drawer kavx ar5lttats c 07102sls Ioaas lot Ced0 ( . e ' • e. Total Oonttactual 0 eiNCOMS Oewt lso WI Cast $ QdiMOv That( t •-3 0 • 0 • . 0 Total Nkplleseow 0 SO0101AL (1 thte 6) , t(00, 7. Osetto0e0shzt • Om AHe % Aria $ Total $ O.I A s '______- ___I 0, Total0Ld0et ; 1000 raMILAMI 1 cettry the, the cost fa each 0 e !an bud)* c1epoi nes been enlaced rd detembed a to Amite,, van* ad noway ay as re0.0cd a Seam 216,347S, lW4a Statutes Oooweettatbs Atadted miduthy the nathodotsv and atd tte c n stee reacted taw Ma 81 Employee Name: Pay Period, DNISION OF EMERGENCY MANAGEMENT TIME AND EFFORT FORM T This form !s regrrlred to accompany ro;mbursement claims for salaries charged to the grant, • TO Indicate Contracted Hours for Pay Period Week 1,Dates _to` Week2 Dates Grand Total Project Type S S MT W T I Tgla ' S; S N1 T �Y T sA K' T. _TQ# l_ A_M 1 SHSPMA 2 3 5 10 1,5 2 3,5 13.5 2 Planning 0 0 0 3 Organization 0 0 0 4 RisfOG Ill&A 2 3 4 3 12 3,5 1 4,5 165 5 Planning 0 0 0 6 Vacation 4 2 4 10 8 5 13 23 7 Slek Time 0 3 3 3 8 0 0 0 9 0 0 0 10 0 0 0 11 0 0 0 12 0 0 0 13 0 0 0 14 0 0 0 Daily Totals 0 0 8 8 8 0 8 32 0 0 0 81 8 8 0 24 56 Week One Total 32 Week Two Total 24 56 i hereby certify that the above ailocallea of oty time Is accui to for the time period in nftieb this report covets, Employee Signature; Date: 1 hereby edify than to the best of my ht:ovledge and hellef, the reported time allocation entered in this report is aceurrte Radio accordance Stith Local, Stale, and Fetkrai Regulation and Guidance pertaining to min' burretneni on Homeland Seearhy Crain minds, SepeMsorSigaatutx; Date: By signing this report, I certify to the best of my kueotedgo nod hellef that the report Is tine, compete, rail accurate, and the atpendituros, (Worse touts and esuh tecaihts air; fertile purposes and objectives set forth In tiro terns and conditions cf the Federal aeanl, I or: a,tare that any false, flclitrous, or fraudulent infoniattao, orthe omission of any material fad, may sub)net run to enmiunl, cirl or athllinistrative penalties ter Ira ad, dl e statements, false dniius or cll errise, CLOSE-OUT REPORT FORM 8 This form should be compteted and submitted to the Dhislon no later than sixty (60) days after completion of projects or the termination date of the Agreement, whlchewr occurs first. • • test aciciPIEN`, /OnANTEE Street Address ADDRESS City, State Zip CITY AND STATE 41) 0087 OATEOORIEO 12) TOTAL. EX PENDITUREB I. PIUNA3 Confs 2, TrA,i3O Corls 2. MOITIOn Cocto 4. Drpo itniloN CRAM G. E74Pnior4 Ao14olil on 0o,ls a.51 ur.•o0upt old AlInllirlrrttun Dolls TOTALEIPEN'JITURE3 ao_e0 Please Indicate Amounts For The Following: Agreement Amount Total Expenditures Deobiigated Funds Indicate Amounts Related to Advance(s): ti not applicable, please proceed to next section Total Amount ofAdtonce(s) Recetted Total Expenditures Deobllgeted Amount ofAcNance Rec'd Interest Earned on Advance Balance of Agreement owed to FDEM 16-bS-T6 AOREEM ENT n 50.0o A OREEM ENT AMOUNT AGREEMENT PERIOD OP PERFO ram ANC N) DATE EXPENDITURE D) PAYMENT RECEIVED PATE AMOUNT t OTAC Was Equipment Purchased? Y/N SO ao , If yes, provlde final equipment tot prior to close-out Were Funds Expended In accordance with agreement terms? YIN All quarterly reports submitted up to current reporting period? Y/N REFUND AND/OR FINAL. INTEREST CHECK Refund and/or final Interest Check is due no later than ninety (90) clays after the expiration date of the Agreement. Ma ke check payable to Mali to: Cashier, Division of Emergency Management Florida Division of Emergency 2555 Shumard Oak Boulevard Tallahassee, FL 3230E-2100 I hereby cortity that the above cost(s) are true and valid cost(s) incurred in accordance with the protect agreement l hereby certify that the above costa are true and valid coats Incurred in accordance with the protect agreement. Signed: Date: Signed: Grant Manager Financial Officer Date: Sy signing this report, 1 certify to the best of my knowledge and belief that the report Is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives sot forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise, 83