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Federally-Funded Subaward and Grant Agreementr °;(nS1-0-. 9000 33? Contract Number: 16-CI-S9-11-23-01-XXX 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: City of Miami Beach Sub-Recipient's unique entity identifier(DUNS): 02-054-6289 Federal Award Identification Number(FAIN): •. . . EMW-2015-EP-00033-S01 Federal Award Date: 9/1/2015 Subaward Period of Performance Start and End Date: 10/1/2015—x/30/2016 Amount of Federal Funds Obligated by this Agreement: $4,550 Total Amount of Federal Funds Obligated to the Sub-Recipient: Total Amount of the Federal Award: $15,567,673 Federal award project description (see FFATA): Name of Federal awarding agency: EMW-2015-EP-00033-S01 peoartment of Homeland Security/FEMA Name of pass-through entity: Florida Division of Emergency Management 2555 Contact information for the Pass-through entity: Shumard Oak Blvd. Tallahassee.Florida 32399 CFDA Number and Name: 97.042 EMPG Whether the award is Research&Development: N/A Indirect cost rate for the Federal award: 32.78% 1 • 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 Beach, (hereinafter referred to as the"Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government,and the Division has the authority to subgrant.these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has 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", shall apply 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: • - • t. •• A provision specifying a scope of.work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the 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 paid 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 all applicable State and Federal laws, rules and regulations, including those identified in Attachment D. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes,the following Division employee shall serve as the grant manager for this agreement, shall be responsible for enforcing performance of this Agreement's terms and conditions,and shall serve as the Division's liaison with the Sub-Recipient: Dieldra Clark 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 Telephone: 850-413-9821 Fax:850-922-8689 Email:dieldra.clark @em.myflorida.com b. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Judy Hoanshelt. Grants Officer 1700 Convention Center Drive Miami Beach, FL 33139 Telephone:1305)673-7000 ext. 6183 Fax: (786)394-4675 - Email:JudyHoanshelterniamibeachfl.gov • • c. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name,title and address of the new representative will be provided to the other party. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. 3 • (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Attachment A, Budget and Attachment B, Scope of Work, of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin on September 1,2015 and shall end on August 30,2016, 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. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Sub-Recipient shall be reimbursed for allowable costs incurred in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A, Budget and Attachment B, Scope of Work,of this Agreement. The maximum reimbursement amount for the entirety of this Agreement is$4,550. d. 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, Scope of Work,that clearly delineates: i. The required minimum acceptable level of service to be performed;and, ii. The criteria for evaluating the successful completion of each deliverable. e. 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." f. 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 4 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 long 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 paid to employees during periods of authorized absences from the job, such as for annual leave,family-related leave, sick leave, holidays, court leave, military leave, administrative leave,and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. 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. g. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. If the Sub-Recipient seeks • reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and$19 for dinner),then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. • ..h: ••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. i. 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, ii. Any payment to an ineligible party,any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received(except for such payments where authorized by law),any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. 5 (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. 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 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 three(3)years from the date of submission of the final expenditure report. The following are the only exceptions to the three(3)year requirement: i. If any litigation,claim, or audit is started before the expiration of the three(3) year period,then the records must be retained until all litigation, claims,or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency;cognizant agency.for audit,oversight agency for audit cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for three(3)years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity,the three(3)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 allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations 6 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 confidentiality. 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 government requirements. However,the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies'performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then,to the extent that private entity is performing that public purpose,the Government in the Sunshine Law applies. For example, if a volunteer fire 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 Recipient based upon the funds provided under this Agreement,the meetings of the 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. 7 • h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency(or a private entity acting on behalf of such an agency)in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity • within the ambit of the public record requirements. However,when a public entity delegates a public function to a private entity,the records generated by the private entity's performance of that duty become public records. Thus,the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records.Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work-Attachment A and B-and all other applicable laws and regulations. (11)AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement,the Sub-Recipient shall follow Generally Accepted Accounting Principles("GAAP"). As defined by 2 C.F.R. §200.49, GAAP"has the meaning specified in accounting standards issued by the Government Accounting Standards Board(GASB)and the Financial Accounting Standards Board(FASB)." c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards("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(30)days after the Division has notified the Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor,which is defined in section 215.97(2)(g), Florida Statutes, as"an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the 8 applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle Audit a em.mvflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.qov/fac/collect/ddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle Audit@em.mvflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R.§200.328,the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work-and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than thirty(30)days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31,June 30, September 30 and December 31. c. The close-out report is due sixty(60)days after termination of this Agreement or sixty (60)days after completion of the activities contained in this Agreement,whichever first occurs. All close- out reports shall be due no later than August 31, 2018, regardless of the time extensions or other exceptional circumstances. 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 9 completed or may take other action as stated in Paragraph(16)REMEDIES. "Acceptable to the Division"means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. • f. The Sub-Recipient shall provide additional reports and information identified in Attachment B, Scope of Work. (13)MONITORING. a. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate,the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or.Auditor General. In addition,the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY •a. •Unless Sub-Recipient is a State agencyor subdivision,as defined in section 768.28(2), Florida Statutes,the Sub-Recipient is solely responsible to parties it deals with in carrying out ( )� P Y P P rY 9 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 is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision,as defined in section 768.28(2), Florida Statutes,agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be 10 • construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any of the following events occur("Events of Default"),all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph(16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a. If any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect,or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division.and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. If 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. If 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. If the Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)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 • anyone or more of the following remedies,either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty(30) 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, • 11 ii. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division,or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17)TERMINATION. a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds,fraud, lack of compliance with applicable rules,laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in Y 9 c its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. • • • d. In the event that this Agreement is terminated;the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be 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)SUBCONTRACTS If the Sub-Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Sub-Recipient. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and(iii)the subcontractor shall hold the Division and Sub- 12 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. The Sub-Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract,the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. (19)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 -Funding Sources ii. Attachment A—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 viii. Attachment G—Certification Regarding Debarment ix. Attachment H—Statement of Assurances x. Attachment I—Reimbursement Checklist xi. Attachment J— Monitoring Guidelines • xii. - Attachment K—Environmental Planning&Historic Preservation Guidelines xiii. Attachment L—Mandatory Contract Provisions (20)PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statues. All advances are required to be held in an interest- bearing account. If an advance payment is requested,the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior • to the submittal of a request for advanced payment. b. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Sub-Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A and B of this Agreement. 13 c. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Sub-Recipient certifying that"all disbursements made in accordance with conditions of the Division agreement and payment is due and has not been previously requested for these amounts." The supporting documentation must comply with the documentation requirements contained in 2 C.F.R. Part 200. The final invoice shall be submitted within forty-five(45)days after the expiration date of the agreement or forty-five(45)days after completion of • the activities contained in this Agreement,whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement. All invoices shall be due no later than August 16, 2018,regardless of time extensions or other exceptional circumstances. d. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting,the State Chief Financial Officer or under subparagraph(9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier • 2555 Shumard Oak Boulevard- Tallahassee FL 32399-2100 b. In accordance with Section 215.34(2), Florid Statutes, if a check or other draft is returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft,whichever is greater. (22)MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request,or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. 14 b. This Agreement shall be construed under the laws of the State of Florida,and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable,then the provision shall be null and void to the extent of the conflict,and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division 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 sea.),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 on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with a public entity, and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which is not a local government or state agency,and which receives funds under this Agreement from the federal government, certifies,to the best of its knowledge and belief,that it and its principals: 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; iii. 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 19(g)2. 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. 15 • 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 ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION -a. 2 C.F.R. 200:450 prohibits reimbursement for costs associated with certain lobbyin • g § P Y 9 activities. b. 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. c. The Sub-Recipient certifies, by its signature to this Agreement,that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,and the 16 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 connection with this Federal contract, grant, loan or cooperative agreement,the Sub-Recipient shall 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-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who 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. (24)COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. 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 this 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(30)days of execution of this Agreement,the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate. 17 that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (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)ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment H. • • • • . 18 IN WITNESS WHEREOF,the parties hereto have executed this Agreement. . SUB-RECIPIENT: By: Name and Ti - J' ' L. Morales, City Manager Date: 2 ' 1(s FID#59-6000 :72 Include a copy of the designation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By Name and Title: Date: 3/2 /(1 APPROVED AS TO _ FORM & LANGUAGE • & FO EXECUTION. City Attorney Date 19 ,.- EXHIBIT—1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: U.S. Department of Homeland Security, Federal Emergency Management Catalog of Federal Domestic Assistance Title and number: Emergency Management Performance Grant 97.042 Award amount: $4,550 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Chapter 215,252 and 473 Florida Statutes Rule Chapters 27P=6,27P-11 and 27P-19.Florida Administrative Code 2 CFR Part 200 Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement(e.g.,what activities/services/purposes the federal resources must be used for): Sub-recipient is to use funding to perform eligible activities as identified FY2015 Emergency Management Performance Grant Program Notice of Funding Opportunity(NOFO). 2. .. Second applicable compliance requirement.(e.g.;eligibility requirements for Sub-Recipients of the resources: Sub-recipient is subject to all administrative and financial requirements as set forth in this Agreement or will not be in compliant with the terms of the Agreement. NOTE:2 C.F.R.Part 200,and Section 215.97(5)(a), Florida Statutes,require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Sub-recipient. 20 ATTACHMENT A PROPOSED PROGRAM BUDGET and SCOPE OF WORK • Below is a general budget which outlines eligible categories and their allocation under this award. The Sub-recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. ➢ Funding from the Emergency Management Performance Grant is intended for use by the Sub-recipient to perform eligible activities as identified in the Department of Homeland Security, Federal Emergency Management Agency, Fiscal Year 2015 Emergency Management Performance Grants Program and programs that are consistent with 2 C.F.R. Part 200, State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). ➢ The Equipment category will require Authorized Equipment List(AEL)reference number. The Authorized Equipment List(AEL) is a list of approved equipment • types allowed under FEMA's preparedness grant programs. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. The list consists of 21 equipment categories divided into sub-categories, tertiary categories, and then individual equipment items. The AEL can be found at http://beta.fema.gov/authorized-equipment-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 3% of each Sub-recipient's total award may be expended on Management and Administration costs. Grant Sub-recipient Category Amount Agency Allocated Planning $ FY 2015— Emergency City of Miami Beach Management Training $ Performance Grant Program — CERT Exercise $ EO Number: S9 Equipment $4,550 Management and Administration (M&A)(the dollar amount cannot exceed 5%of the total award amount) Total Award $4,550 21 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. FY2015 Budget Detail Worksheet—Eligible Activities (Not limited to activities below) .: e8 6ti_- .14;; bl-.9 ty x � � to - � 7Yr 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 national initiatives Developing related terrorism prevention activities Developing and enhancing plans and protocols Developing or conducting assessments Hiring of full or part-time staff or contractors/consultants to assist with planning activities(not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs(in accordance with operational Cost Guidance Other projects areas with prior approval from FEMA Issuance of WHTI-compliant tribal identification cards(HSGP only) Activities to achieve planning inclusive of people with disabilities ' TOTAL PLANNING EXPENDITURES $ f Allowable Training Costs - Quantity Unit Cost .;Total Cost Issue ., � ..��, Number Developing,Delivering,and Evaluating Training Overtime and backfill for emergency preparedness and response personnel attending FEMA-sponsored and approved training classes. Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA training. Training Workshops and Conferences Activities to achieve training inclusive of people with disabilities Full or Part-Time Staff or Contractors/Consultants 22 • Certification/Recertification of Instructors Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s)(e.g.,copying paper, gloves,tape,non-sterile masks,and disposable protective equipment). Tuition for higher education Other items TOTAL TRAINING EXPENDITURES $ Design,Develop,Conduct and Evaluate an Exercise Exercise Planning Workshop-Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to • planning,meeting space and other meeting costs,facilitation costs, materials and supplies,travel and exercise plan development. Full or Part-Time Staff or Contractors/Consultants-Full or part-time staff may be hired to support exercise-related activities.Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s)of 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 applicant's formal written procurement policy or the Federal Acquisition Regulations(FAR)must be followed. Overtime and backfill costs—Overtime and backfill costs,including expenses for part-time and volunteer emergency response personnel participating in FEMA exercises Implementation of HSEEP Activities to achieve exercises inclusive of people with disabilities Travel-Travel costs(i.e.,airfare,mileage,per diem,hotel,etc.)are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s).These costs must be in accordance with state law as highlighted in the OJP Financial Guide.States must also follow state regulations regarding travel.If a state or territory does not have a travel policy they must follow federal guidelines and rates,as explained in the OJP Financial Guide.For further information on federal law pertaining to travel costs please refer to http://www.oip.usdoi.00v/FinGuide. Supplies-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). Other Items-These costs include the rental of space/locations for exercise planning and conduct,exercise signs,badges,etc. TOTAL EXERCISE EXPENDITURES $ 23 • • Eligible Equipment Acquisition Costs The table below highlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment categories,and specific equipment eligible under each category,are listed on the web-based version of the Authorized Equipment List(AEL) Quantity Unit Cost Total Cost . at http://beta.fema.ciov/authorized-equipment- list. Personal protective equipment Explosive device mitigation and remediation equipment CBRNE operational search and rescue equipment Information technology Cyber security enhancement equipment Interoperable communications equipment Detection Equipment Decontamination Equipment (HSGP only) Medical supplies Life-like human body replica that enables medical practitioners to train 1 $933.00 $933.00 in various scenarios 09TR-01-CSIM Power equipment CBRNE reference materials CBRNE incident response vehicles Terrorism incident prevention equipment Physical security enhancement equipment Inspection and Screening systems Agriculture Terrorism Prevention,Response,and Mitigation Equipment (HSGP only) 24 • CBRNE Prevention and Response watercraft CBRNE Aviation Equipment CBRNE logistical support equipment Intervention equipment Public Alert and Warning Equipment Disability Access and Functional Needs Other Equipment Shipping for CERT Kits 21GN-00-CCEQ 1 $146.00 $146.00 CERT Kits 21GN-00-CCEQ 39 $89.00 $3,471.00 TOTAL EQUIPMENT EXPENDITURES $4,500 TOTAL ALL EXPENDITURES $4,500 Cost Sharing Allocation Source Amount City of Miami Beach In-kind matching funds (salaries, overhead, etc.) $4,550.00 TOTAL $9,100.00 25 ATTACHMENT B SCOPE OF WORK Sub-recipients must comply with all the requirements in 2 C.F.R. Part 200(Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards). Funding is provided to perform eligible activities as identified in the Emergency Management Performance Grants(EMPG) Program Funding Opportunity Announcement(FOA). The intent of this Agreement is to complete the following allowable activities: Project.Description Citizen Corps and Community Emergency Response Team(CERT)Program— The Citizen Corps mission is to bring community and government leaders together to coordinate the involvement of community members and organizations in emergency preparedness, planning, mitigation, response, and recovery. The FY 2015 Citizen Corps Program (CCP)funds provide resources for States and local communities to: • Bring together the appropriate leadership to form and sustain a Citizen Corps Council • Develop plans, such as emergency operations plans(EOP)to achieve and expand citizen preparedness and participation • • Conduct public education and outreach • Ensure clear,timely, and accessible alerts/warnings and emergency communications with the public • Develop training programs for the public, including special needs populations,for both all- hazards preparedness and volunteer responsibilities • Facilitate citizen participation in exercises • Implement volunteer programs and activities to support emergency responders • Involve citizens in surge capacity roles and responsibilities during an incident in alignment with the Emergency Support Functions and Annexes • Conduct evaluations of programs and activities II. Categories and Eligible Activities Eligible activities are outlined in the Scope of Work for each category below. FY 2015 EMPG allowable costs are divided into the following categories: • Planning • Training • Exercise • Equipment Each category's allowable costs have been listed below. Eligible activities should support the above approved projects. A. Planning Planning spans all five National Preparedness Goal(the Goal)mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to 26 engage the whole community in the development of a strategic, operational, and/or community- based approach to preparedness. To meet this important objective, EMPG funds may be used to support the following: • Establishing a Citizen Corps Council that brings together representatives of the whole community to provide input on emergency operations plans, risk assessments,mitigation plans, alert and warning systems,and other plans; assist in outreach and education of community members in preparedness activities; build volunteer capability to support disaster response and recovery. • Engaging the whole community in public educational and awareness activities. • Developing/enhancing emergency management and operations plans to integrate citizen/volunteer and other non-governmental organization resources and participation. • ,Community-based planning to advance"whole community"security and emergency management. • Planning to foster public-private sector partnerships, including innovation for disasters initiatives that support the mission areas identified in the Goal. • Executing an America's PrepareAthon! Activity to engage the whole community in a hazard—specific activity on the National Day of Action. • Delivering the CERT Basic Training Course and supplemental for CERT members who have completed the basic training, the CERT Train-the-Trainer Course,and the CERT Program Manager course(strongly encouraged). • Developing or enhancing mutual aid agreements/compacts, including required membership in EMAC. • All public education and outreach materials must include the national or jurisdiction's Citizen Corps logo, tagline or website or the Ready logo,tagline,or website and comply with logo standards. For more information go to http://www.citizencorps.gov. In addition,all public education and outreach materials should incorporate special needs considerations,to include language, content,and method of communication • Allowable expenditures include: • Media campaigns: Public Service Announcements(PSAs),camera- ready materials,website support, and newsletters • Outreach activities and public events: Booth displays, event backdrops or signs, displays and demonstrations, utilizing translation services, and informational materials such as brochures/flyers • Costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children and adults with disabilities. • Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness and/or response. • Citizen support for emergency responders is critical through year-round volunteer programs and as surge capacity in disaster response. Citizen Corps funding may be used to establish, enhance or expand volunteer programs and volunteer recruitment efforts for Neighborhood Watch/USAonWatch, Community Emergency Response Teams(CERT),Volunteers in Police Service(VIPS), Medical Reserve Corps(MRC), and Fire Corps;for the Citizen Corps Affiliate Programs and Organizations;and for jurisdiction specific volunteer efforts. • Allowable expenditures include: 27 • Recruiting, screening, and training volunteers(e.g. background checks) • Retaining, recognizing, and motivating volunteers • Purchasing, maintaining,or subscribing to a system to track volunteers(to include identification and credentialing systems and to track volunteer hours) and other available resources in compliance with applicable privacy laws. • Necessary non-structural accommodations to include persons with programmatic and communications access needs(e.g., sign language interpreters. Computer Assisted Realtime Translation(CART)and other modifications of policies and practices to fully include volunteers with disabilities) • Evaluating volunteers B. Training Training funded through the CCP includes but is not limited to: all-hazards safety,such as emergency preparedness, basic first aid, lifesaving skills,crime prevention and terrorism awareness,school preparedness, public health issues, mitigation/property damage prevention,safety in the home, light search and rescue skills, principles of NIMS/ICS, community relations,volunteer management,serving people with disabilities, pet care preparedness,any training necessary to participate in volunteer activities,any training necessary to fulfill surge capacity roles, or other training that promotes individual,family, or community safety and preparedness. There is no cap on the number of deliveries State or local jurisdictions may conduct of non- responder community based workshops, seminars, demonstrations, or conferences. Examples include; CPR/AED training, identity theft workshops,terrorism awareness seminars,chain-saw safety demonstrations, and disability-inclusive community preparedness conferences. Funding for CERT training includes the delivery of the CERT Basic Training Course, supplemental training for CERT members who have completed the basic training, and the CERT Train-the-Trainer Course,and the CERT Program Manager Course.Any CERT Basic training conducted by State or local entities must: 1)include the topics covered in the FEMA CERT Basic Training Course;2)be instructor-led; and 3)and classroom-based, using lecture,-demonstration;and hands-on practice throughout. Note that the Independent Study course,"Introduction to CERT"(IS 317)must not be substituted for classroom delivery of CERT basic training. Supplemental training for CERT members who have completed the basic training includes modules available on the national CERT website, as well as other supplemental training that meets the following criteria: • Relates to a reasonably foreseeable activity CERT members might be tasked to perform in support of emergency services responders;or. • Increases competency and understanding of the emergency management context in which CERT members may be asked to operate; or • Enhances understanding of a particular local hazard CERT members might encounter in their response activities There is no cap on the number of deliveries State or local jurisdictions may conduct of the CERT Basic Training, the CERT Train-the-Trainer,Campus CERT Train-the-Trainer,Teen CERT Train-the-Trainer,or CERT Program Manager courses,or supplemental/advanced training for CERT program participants. 28 Any training supported with these CCP funds should be delivered with specific consideration to include all ages,ethnic and cultural groups, persons with disabilities,and access and functional needs populations at venues throughout the community,to include schools, neighborhoods, places of worship,the private sector, non-governmental organizations, and government locations. Expenditures to provide necessary non-structural accommodations for persons with disabilities and other access and functional needs is allowable(e.g.,sign language interpreters, CART and other modifications of policies and practices to fully include participants with disabilities). Jurisdictions are also encouraged to leverage existing training provided via educational/professional facilities and to incorporate non-traditional methodologies such as the Internet, distance learning,or home study whenever such delivery supports training objectives. Pilot courses and innovative approaches to training citizens and instructors are encouraged. EMPG Program funds used for training should support the nationwide implementation of NIMS.The NIMS Training.Program.establishes a national curriculum for NIMS and provides information on NIMS courses; grantees are encouraged to place emphasis on the core competencies as defined in the NIMS Training Program.The NIMS Training Program can be at http://www.fema.gov/pdf/emergencv/nims/nims training program.pdf/ Allowable Training Costs Allowable training-related costs include, but are not limited to,the following: o Funds Used to Develop, Deliver, and Evaluate Training. Includes costs related to administering the training, planning, scheduling,facilities, materials and supplies, reproduction of materials, disability accommodations and equipment.Training should provide the opportunity to demonstrate and validate skills learned,as.well as to identify any gaps in these skills.Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the training cycle. o Travel.Travel costs(e.g., airfare, mileage, per diem, hotel)are allowable as expenses by employees who are on travel status for official business related to approved training. o Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff may be hired to support direct training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the State or unit(s)of local government and have the approval of the State or FEMA,whichever is applicable. o Certification/Recertification of Instructors Cost associated with the certification and • re-certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses that involve training of trainers. 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. . • 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. 29 • 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 must 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. • 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 for reimbursement on a pro-rata basis for any training with less than 15 participants. • The Sub-recipient must include with the reimbursement package a separate copy of the page(s)from the State and County or Regional)MYTEP reflecting the � Y 9 ) 9 training. C. Procurement All procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 44 Code of Federal Regulation, Section 13.36; • Chapter 287, Florida Statues;and, • any local procurement policy. The Division shall pre-approve all scopes of work for projects funded under this agreement. Additionally,the sub-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-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- sub-recipient shall provide copies of solicitation documents including responses and justification of vendor selection. D. Piggy-backing The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The existing contract must contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the new contract, including the scope of work, must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in scope or volume of goods or services. An agency may not use the preexisting contract merely as a "basis to begin negotiations"for a broader or materially different contract. 30 E. Exercises Exercises specifically designed for or that include participation from non-governmental entities and the general public are allowable activities and may include testing public warning systems, evacuation/shelter in-place capabilities,family/school/business preparedness,and participating in table-top or full scale emergency responder exercises at the local, State, tribal, territorial,or national level,to include the National Level Exercises. Grantees are encouraged to develop exercises that test their SOPs/SOGs in accordance with the FY 2015 Priority requirements. Allowable exercise-related costs include: • Funds Used to Design, Develop,Conduct,and Evaluate an Exercise— Includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies,travel, and documentation. Grantees are encouraged to use free public space/locations/facilities,whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills.Any exercise or exercise gaps, including those for children and individuals with disabilities or access and functional needs,should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part-Time Staff or Contractors/Consultants—Full or part- time staff may be hired to support direct exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the State or unit(s)of local government and have the approval of the State or FEMA, whichever is applicable.The services of contractors/consultants may also be procured to support the design, development,conduct and evaluation of exercises. • Travel—Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise activities. • Supplies—Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities(e.g., gloves,tape, non- sterile masks,and disposable protective equipment). ••.. Disability Accommodations Materials, services,tools and equipment for exercising inclusive of people with disabilities(physical, programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive disabilities). • Other Items—These costs are limited to items consumed in direct support of exercise activities such as rental of space/locations for planning and conducting an exercise, rental of equipment,and the procurement of other essential nondurable goods. Sub-recipients are encouraged to use free public space/locations,whenever available, prior to the rental of space/locations. Unauthorized exercise-related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles(e.g., construction vehicles)and emergency response apparatus(e.g., fire trucks, ambulances). • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct(e.g., electronic messaging signs). • Durable and non-durable goods purchased for installation and/or use beyond the scope of exercise conduct. 31 Exercise Requirements Exercises conducted with grant funds should evaluate performance of capability targets, established through the development of a jurisdiction's THIRA for the core capabilities needed to address their greatest risk. Exercise priorities should align to a current, Multi-Year TEP developed through an annual TEPW. All exercises using grant funds must be NIMS compliant. More information is available online at the NIMS Integration Center, http://www.fema.gov/emergency/nims/index.shtm. Where applicable,the Training and Exercise Plans should include training and exercises that support specialized programs,such as the Regional Catastrophic Preparedness Grant Program. • Exercises should evaluate performance of the objectives and capabilities required to respond to the exercise scenario. Guidance related to exercise evaluation and improvement planning is defined in the Homeland Security Exercise and Evaluation Program located at https://www.11is.dhs.gov/hseep. • Non-governmental participation in all levels of exercises is strongly encouraged. Leaders from nongovernmental entities should be included in the planning, conduct, 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 entities, defined as the private sector and private non-profit,faith-based,community,volunteer,and other non-governmental organizations. • Non-governmental participation in exercises should be coordinated with the local Citizen Corps Council(s)and other partner agencies. The scenarios used in EMPG funded exercises must focus on validating existing capabilities, must comply with and be large enough in scope and sixe to exercise multiple activities and warrant involvement from multiple jurisdictions and disciplines and non-governmental organizations, and take into account the needs and requirements for individuals with disabilities. FDEM State Training Office conditions for Exercises: For the purposes of this Agreement,any exercise which is compliant with HSEEP standards and contained in the State of Florida(and County or Regional) MYTEP qualifies as an authorized exercise. The Sub-recipient can successfully complete an authorized exercise either by attending or conducting that exercise. • In order to receive payment for successfully attending an authorized exercise,the Sub- recipient must provide the Division with a certificate of completion or similar correspondence signed by the individual in charge of the exercise; additionally,the Sub- recipient must provide the Division with all receipts that document the costs incurred by the Sub-recipient in order to attend the exercise. • In order the receive payment for successfully conducting an authorized exercise,the Sub-recipient must provide the Division with an EXPLAN,AAR/IP, IPC/MPC/FPC Meeting Minutes and Sign-in Sheet for exercise attendees;additionally,the Sub- recipient must provide the Division with all receipts that document the costs incurred by the Sub-recipient in order to conduct the exercise. 32 The Sub-recipient must include with the reimbursement package a separate copy of the page(s) from the Exercise Plan which identifies the participant agencies and a 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 of 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: • The scenarios used in grant funded exercises must be based on the State/Urban Area's THIRA. The scenarios used in grant funded exercises must focus on testing capabilities, must be large enough in scope and size to exercise multiple activities and warrant involvement from multiple disciplines and/or jurisdictions and non-governmental organizations, and take into account the needs and requirements for individuals with disabilities. Exercise scenarios should align with priorities and capabilities identified in the Multi-year Training and Exercise Plan. Federally funded projects must be competitively solicited offering open competition. No piggy-backing off existing agreements is allowed. Each award under this grant is a'new' project and must be competitively bid. FDEM will require suspension and debarment forms for each vendor, copies of solicitation documents and responses, and justification of vendor selection at its discretion. FDEM must pre-approve all scopes of work for projects funded under this agreement. F. Equipment States and Urban Areas are encouraged to fully leverage all EMPG resources for equipment to support volunteer personnel in preparedness and response.All allowable equipment costs are listed on the web-based version of the Authorized Equipment List is available at • http://www:fema.gov/preparedness-non-disaster-qrants or http://www.fema.gov/grants. Any equipment purchased with CCP funding must be used for specific preparedness or volunteer training or by volunteers in carrying out their response functions. Examples of equipment used to support training and exercises for citizens include items such as burn pans or sample preparedness kits. Expenditures for kits used in volunteer response(e.g., CERT,or MRC kits/backpacks)or clothing for official identification must not exceed 30 percent of the total Citizen Corps Program allocation. Clothing for official identification includes those items that volunteers are required to wear when engaging in public safety activities or disaster response(e.g.,t-shirts for CERT members, baseball caps for Neighborhood Watch/USAonWatch Program foot patrol members). To assure appropriate and consistent use, such clothing items must be issued by the agency that trains the volunteers. CCP supported volunteer programs and assets,which are authorized to deploy in response and recovery operations, must meet the minimum training and equipment requirements,as determined by the national program office in coordination with the sponsoring State/territory. 33 • Necessary accommodations that meet the disability related access and functional needs of participants should be provided. 1. Program Requirements The following are required items to be provided to participate under the CERT Sub-grant: (NOTE: Special exemption can be granted by the State Citizen Corps/CERT office.) A. PPE Equipment that shall include: • Hard hat • Protective Eyewear • Dust Mask • ID Tag • HEPA Mask • Tape • Light Stick • Latex, or Nitrate Gloves • Marking Caulk, or Crayon • Signal Whistle • Flashlight(simple) • Bag/Backpack • Reflective Vest • Cardboard,or simple splint • Work Gloves • Disaster medical care items for at least 3 victims such as gauze,triangles,etc. B. Participant manuals. • C. Standard Operating Procedures(SOPs)/Standard Operating Guidelines(SOGs). D. Certificates. E. CERT trainings and events should be posted on the National Citizen Corps Calendar Website,SERT.Trac.State Calendar and approved by,the State Citizen Corps/CERT office: The following are required items for the CERT Basic Training Course to be taught under this sub- grant: 1. Use of the full FEMA/EMI/FDEM CERT Basic Training Course G317, (Including the terrorism module and showing the Sheltering-In-Place Video (DVD); 2. Use of a G428 CERT Train-the-Trainer(TTT)qualified individual(FEMA/FDEM graduate of the CERT TTT,or Trainer Course)as Program Manager,course manager,or lead instructor; 3. Use of a G427 qualified individual(FEMA/FDEM graduate of the CERT TTT,or Trainer Course)as Program Manager; and 4. Use of an adequate training facility. It is the responsibility of the applicant to arrange and compensate course managers for CERT trainings and course manuals. Tracking and reporting the number of trained CERT volunteers is not only a State of Florida priority, but also a DHS/ODP priority. It is required to have a database to track the number of trained volunteers, as well as someone,to monitor/enter data to such a database. 34 • • Required Quarterly Reports will be due as indicated in the signed agreement,or separate schedule. The Quarterly Report should include more extended training data,explanation on the expenditure of funds during the quarter and.any CERT-activities that took place. Citizen Corps/CERT programs must comply with the DHS requirement of NIMS compliancy. A letter from your County Emergency Management or your sponsoring agency indicating compliance with NIMS requirements must be completed by the deadline outlined in the contract. F. Cost share guidance-types of match • Cash(hard)match includes non-Federal cash spent for project-related costs, according to the program guidance.Allowable cash match must only include those costs which are in compliance with 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal • Governments(OMB Circular A-87)and 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. • In-kind (soft)match includes, but is not limited to,the valuation of in-kind services."In-kind"is the value of something received or provided that does not have a cost associated with it. For example, if in-kind match(other than cash payments)is permitted,then the value of donated services could be used to comply with the match requirement.Also,third party in-kind contributions may count toward satisfying match requirements provided the grantee receiving the contributions expends them as allowable costs in compliance with 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments(OMB Circular A-87)and 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. G. Construction and Renovation Construction and renovation projects for a State, local, territorial, or tribal government's principal Emergency Operations Center(EOC)as defined by the SAA are allowable under the EMPG Program. When applying for funds to construct communication towers, grantees and sub-grantees must submit . ... evidence that-the Federal Communication Commission's(FCC)Section 106 review process has been completed and submit all documentation resulting from that review to GPD prior to submitting materials for EHP review. Sub-recipients and sub-sub-recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding(e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects,compliance with all State and EHP laws and requirements). Projects for which the sub-recipient believes an Environmental Assessment (EA)may be needed, as defined in 44 C.F.R. §§ 10.8, must also be identified to the FEMA Regional Program Manager within six months of the award and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to Grant Program Manager. EMPG Program grantees using funds for construction projects must comply with the Davis-Bacon Act (40 U.S.C. 3141 et seq.). Grant sub-recipients must ensure that their contractors.or subcontractors for construction projects pay workers employed directly at the work-site no less than the prevailing wages and fringe benefits paid on projects of a similar character.Additional information,including Department of Labor(DOL)wage determinations, is available from the following website: http://www.dol.qovicompliance/laws/comp-dbra.htm. H. Maintenance and Sustainment 35 . The use of FEMA preparedness grant funds for maintenance contracts,warranties, repair,or replacement costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the Goal and fund activities and projects that build and sustain the 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 grantees the ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding)allows for the expansion of eligible maintenance and sustainment costs which must 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 National preparedness Goal, and (4)shareable through the Emergency Management Assistance Compact.Additionally, eligible costs must 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. Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.crov/media- library/assets/documents/32474. I. Unallowable Costs Unallowable costs include, but shall not be limited to: • Expenditures for weapons systems and ammunition; • • Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities;or • Activities unrelated to the completion and implementation of the EMPG Program. In general, sub-recipients should consult with their Grant Manager;who will coordinate with the FEMA Regional Program Analyst prior to making any Investment that does not clearly meet the allowable expense criteria established in this Guidance. J. 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 result in termination of the agreement. Programmatic Reporting Schedule Reporting Period Report due to FDEM no later than January 1 through March 31 April 30 April 1 through June 30 July 30 July 1 through September 30 October 30 36 • October 1 through December 31 January 30 2. Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at any time during the contract period. Reimbursements must be requested within ninety(90)calendar days of expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within ninety(90) calendar days of expenditure shall result in denial of reimbursement. This is separate from the final claim which is due no later than forty-five(45)days after termination of the agreement or completion of project activity. The Sub-recipient should include the category's corresponding line item (or issue)number in the "Detail of Claims"form. This number can be found in the"Proposed Program Budget". A line item number is to be included for every dollar amount listed in • • the"Detail of Claims"form.-For equipment items,the AEL-must be listed on the "Detail of Claims"form. 3. 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. K. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Dieldra Clark Felicia Pinnock FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850)413-9821 (850)410-3457 dieldra.clark @em.myflorida.com _ felicia pinnock @em.myflorida.com L. Contractual.Responsibilities • The.FDEM-shall determine eligibility of projects and approve changes in scope of work. • The FDEM shall administer the financial processes. 37 ATTACHMENT C DELIVERABLES AND PERFORMANCE Citizen Corp/CERT funding is intended only to be used for specific preparedness or volunteer training or by trained volunteers in carrying out response functions. Program educates people about disaster preparedness for hazards that may impact their area and trains them in basic disaster response skills, such as fire safety, light search and rescue,team organization, and disaster medical operations. Using the training learned in the classroom and during exercises, CERT members can assist others in their neighborhood or workplace following an event when professional responders are not immediately available to help. CERT members also are encouraged to support emergency response agencies by taking a more active role in emergency preparedness projects in their community. Activities funded under these projects must meet the allow ability requirements of Emergency Performance Grant Program (EMPG). • Planning Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse the Sub-recipient for the actual cost of successfully completing Planning activities consistent with the guidelines contained in the Comprehensive Planning Guide CPG 101 v.2. For additional information, please see http://www.fema.gov/pdf/about/divisions/npd/CPG 101 V2.pdf or grant guidance(Notice of Funding Opportunity). Training Deliverable: Subject to the funding limitations of this 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 FDEM approval using the Non-TED form by contacting their grant manager. The DHS course catalog is available online at: http://firsdtrespondertraininq.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. Exercise Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse the Sub-recipient for the actual cost of successfully completing an exercise which meets the Department of Homeland Security Homeland Security Exercise and Evaluation Program (HSEEP) standards and is listed in A)the State of Florida Multi-Year Training &Exercise Plan(MYTEP), and B) . . . County.or.Regional.TEP..for the region in.which the sub-sub-recipient is geographically located. Information related to TEPs and HSEEP compliance can be found online at: https://www.11is.dhs.gov/hseep. 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. 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 and equipment standards for HSGP are listed on the web-based version of the Authorized Equipment List(AEL)on the Lessons Learned Information System at http://www.fema.gov/preparedness-non-disaster-grants. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Minimum performance: Costs for allowable items will be reimbursed if incurred and completed within the period of performance, in accordance with the Scope of Work, Attachment B of this agreement. 38 ATTACHMENT D PROGRAM STATUTES AND REGULATIONS 1) Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq. 2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) Chapter 252, Florida Statutes 6) Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq. 7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. 8)..Copyright notice 17 U.S.C. §§.401 or 402 . 9) Assurances, Administrative Requirements and Cost Principles 2 C.F.R. Part 200 • 10)Debarment and Suspension Executive Orders 12549 and 12689 11)Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12)Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13)Energy Policy and Conservation Act 42 U.S.C. § 6201 14)False Claims Act and Program Fraud Civil Remedies 31 U.S.C. §3729 also 38 U.S.C. § 3801-3812 15)FIy America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118 16)Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a 17)Lobbying Prohibitions 31 U.S.C. § 1352 18)Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. 19)Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20)Terrorist Financing Executive Order 13224 21)Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. § 1681 et seq. 22)Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 23)Rehabilitation Act of 1973 Section 504, 29 U.S.C. §.794 24)USA Patriot Act of 2001 18 U.S.C. § 175-172c 25)Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. § § 4304 and 4310 26)53 Federal Register 8034 27)Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 39 LY ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB-RECIPIENT: If you are requesting an advance,indicate same by checking the box below. [ ]ADVANCE REQUESTED Advance payment of$ is requested. Balance of payments will be made on a reimbursement 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. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20 -20 Anticipated Expenditures for First Three Months(90 (list applicable line items) days)of Funding Agreement For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION(For each line item,provide a detailed justification explaining the need for the • cash advance. The justification must include'supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the Funding Agreement term. Supporting documentation should include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(90) days of the Funding Agreement term. Any advance funds not expended within the first ninety(90)days of the contract term shall be returned to the Division,Cashier,2555 Shumard Oak Boulevard,Tallahassee, Florida 32399,within thirty(30)days of receipt,along with any interest earned on the advance) 40 ATTACHMENT F WARRANTIES AND REPRESENTATIONS • Financial Management The Sub-Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards(2 C.F.R: §§200:317 through 200.326). Codes of conduct. The Sub-recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee,officer,or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award.The officers, employees, and agents of the Sub-recipient shall neither solicit nor accept. • gratuities,favors,or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Sub-recipient. Business Hours • The Sub-recipient shall have its offices open for business,with the entrance door open to the public, and at least one employee on site,from: 8:30 AM-5:00 PM Licensing and Permitting All subcontractors or employees hired by the Sub-recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub-recipient. • 41 ATTACHMENT G Certification Regarding Debarment,Suspension,Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, , certifies, by submission of this document,that neither it nor its principals is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Sub-Recipient's Name Name and Title FDEM Contract Number Street Address Project Number City, State,Zip Date 42 ATTACHMENT H STATEMENT OF ASSURANCES All sub-recipients must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipient will acknowledge their use of federal funding when issuing statements, press releases, and requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 2. Sub-recipient mute ensure that project activities carried outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits or approvals are obtained. • 3. Sub-recipient will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. Sub-recipient will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. Sub-recipient will give the State Administrative Agency, DHS or through any authorized representative, access to and the right to examine and copy records, accounts,and books, papers,or documents related to the grant. 6. Sub-recipient who receives awards made under programs that provide emergency communications equipment and its related activities must comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. 7. Sub-recipient will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. Sub-recipient must cooperate with any compliance review or compliant investigation conducted by DHS. 9. Sub-recipient must submit timely, complete, and accurate reports to the FDEM and maintain appropriate backup documentation to support reports. Sub-recipients should also comply with all other special reporting, data collection and evaluation requirements,as prescribes by law or detailed in program guidance. 10. If,during the past three years, the sub-recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency),sex, age, disability, religion, or familial status,the sub-recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to FDEM for forwarding to the DHS awarding office and the OHS Component. 11. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a sub-recipient of funds,the sub-recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 43 ATTACHMENT REIMBURSEMENT CHECKLIST Use this checklist as a tool for completing reimbursement packages PLANNING n 1. Does the amount billed by consultant add up correctly? n 2. Has all appropriate documentation to denote hours worked been properly signed? El 3. Have copies of all planning materials and work product(e.g. meeting documents, copies of plans) been included? (Note - If a meeting was held by sub-recipient or contractor/consultant of sub-recipient, an agenda and signup sheet with meeting date must be included). ❑ 4. Has the invoice from consultant/contractor been included? (Note — grant agreement must be referenced on the invoice.) El 5. Has proof of payment been included? Canceled check Electronic Funds Transfer(EFT)Confirmation Credit Card Statement& payment to credit card company for that statement El 6. Has Attachment G (found within Agreement with FDEM) been completed for this contractor/consultant and included in the reimbursement package? Fl 7. Has proof of purchase methodology been included (Form 5 Procurement)? 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 applies to contractors also billed under Organization) TRAINING 1. Is this an approved course? 2. Is there a course or catalog number? If not, has FDEM approved training? 3. Have Sign-In Sheets, Rosters and Agenda been provided? 44 El 4. If billing for overtime and/or backfill, has documentation been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? Have documentation from entity's financial system been provided as proof attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? n 5. 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? 6. Has 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 Electronic Funds Transfer(EFT) Confirmation Credit Card Statement& payment to credit card company for that statement n 7. Has proof of purchase methodology been included (Form 5 Procurement)? Sole Source(approved by FDEM for purchases exceeding $25,000) State Contract(page showing contract#, price list) Competitive bid results(e.g. Quotewire, bid tabulation page) EXERCISE H 1. Has documentation been provided on the purpose/objectives of the exercise? Situation Manual Exercise Plan n 2. If exercise has been conducted are the following included: After-action report Sign-in sheets Agenda Rosters 3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? . Have documentation from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 45 n 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 Electronic Funds Transfer(EFT) Confirmation Credit Card Statement& payment to credit card company for that statement ❑ 6. Has any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be included. • Canceled check Electronic Funds Transfer(EFT) Confirmation Credit Card Statement& payment to credit card company for that statement n 7. Has proof of purchase methodology been included (Form 5 Procurement)? 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) EQUIPMENT 1 I 1. Have all invoices been included? n 2. Has an AEL#been identified for each purchase? n 3. If service/warranty expenses are listed, are they only for the performance period of the grant? n 4. Has proof of payment been included? Canceled check Electronic Funds Transfer(EFT) Confirmation Credit Card Statement& payment to credit card company for that statement n 5. If EHP form needed, has a copy of the approval from DHS been included? El 6. Has proof of purchase methodology been included (Form 5 Procurement)? 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) 46 TRAVEUCONFERENCES n 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 l)g) Toll and/or Parking receipts Hotel receipts (is there a zero balance?) • • Car rental receipts Registration fee receipts Note: Make sure that meals paid for by conference are not included in per diem amount n 2. If travel is a conference has the conference agenda been included? El 3. Has proof of payment to traveler been included? Canceled check Electronic Funds Transfer(EFT)Confirmation Credit Card Statement& payment to credit card company for that statement Copy of paycheck if reimbursed through payroll MATCHING FUNDS [1 1. Contributions are from Non Federal funding sources identified? El 2. Contributions are from cash or in-kind contributions which may include training investments. n 3. Contributions are not from salary, overtime or other operational costs unrelated to training. SALARY POSITIONS 1. Has a signed timesheet by employee and supervisor included? 2. Has proof for time worked by the employee been included? Is time period summary included? Statement of Earnings Copy of Payroll Check • Payroll Register Time and Effort Log ( Form 6) For fusion center analysts, have the certification documents been provided to the SAA to demonstrate compliance with training and experience standards? • 47 ORGANIZATION 1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? ...FOR ALL REIMBURSEMENTS-THE FINAL CHECK n 1. Have all relevant forms been completed and included with each request for reimbursement? n 2. Have the costs incurred been charged to the appropriate POETE category? 3. Does the total on all Forms submitted match? n 4. Has Reimbursement Form been signed by the Grant Manager and Financial Officer? n 5. Has the reimbursement package been entered into sub-sub-recipients records/spreadsheet? n 6. Have the quantity and unit cost been notated on Reimbursement Budget .Breakdown? Ti 7. If this purchase was made via Sole Source, have you included the approved Sole Source documentation and justification? n 8. Do all of your vendors have a current W-9(Tax Payer Identification)on file? Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. 48 • ATTACHMENT J MONITORING GUIDELINES Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. The Florida 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 SHSGP grant guidance and statutory regulations. The monitoring process is designed to assess a sub-recipient agency's compliance with applicable state and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities-financial and programmatic monitoring. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is 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 a Division representative who examines records, procedures and equipment. Frequency of annual monitoring activity: Each year the FDEM will conduct monitoring for up to 50% of their sub-grantees. It is important to note that although a given grant has been closed, it is still subject to either desk or on-site monitoring for a three(3)year period following closure. Areas that will be examined include: Management and administrative procedures; . Grant folder maintenance; Equipment accountability and sub-hand receipt procedures; 49 • 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 if the activity, or lack there of, 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. Desk monitoring is an on-going process. Sub-recipients will be required to participate in desk top monitoring on an annual basis and as determined by the FDEM. This contact will provide an opportunity to identify the need for technical assistance(TA)and/or a site visit if the 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 the 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 50 Reporting Requirements Documentation in support of a Request for Reimbursement On-Site Monitoring will be conducted by the FDEM or designated personnel. On-site Monitoring visits will be scheduled in advance with the sub-recipient agency POC designated in the grant agreement. The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the capability review visits. 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. All findings related to the capability review will be documented and maintained within the FDEM. On-site Monitoring Protocol On-site Monitoring Visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year(FFY). Site visits may be combined when geographically convenient. There is a financial and programmatic on-site monitoring checklist to assist in the completion of all required tasks. •Site Visit Preparation _•. 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. 51 . On-Site Monitoring Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time,the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted,they will then explain their objectives and will proceed to perform the financial review. 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 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 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. Once the tour/visual/spot inspection of equipment has been completed,the FDEM personnel will then conduct an exit conference with the grantee to review the findings. Other programmatic issues can be discussed at this time,such as missing quarterly reports, payment voucher/reimbursement,equipment,questions,etc. Post Monitoring Visit FDEM personnel will review the on-site monitoring review worksheets and backup documentation as a team and discuss the events of the on-site monitoring. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM. Noncompliance on behalf of sub-grantees is resolved by management under the terms of the Sub grant Agreement. The On-Site Monitoring Worksheets,the monitoring report and all back up documentation will then be included in the grantee's file. 52 ATTACHMEMT K • EHP GUIDELINES ENVIRONMENTAL PLANNING & HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES The following types of projects are to be submitted to FEMA for compliance review under Federal environmental planning and historic preservation(EHP)laws and requirements prior to initiation of the project: • New Construction,Installation and Renovation,including but not limited to: o Emergency Operation Centers o Security Guard facilities o Equipment buildings(such as those accompanying communication towers) .o Waterside Structures(such as dock houses,piers,etc.) • Placing a repeater and/or other equipment on an existing tower • Renovation of and modification to buildings and structures that are 50 years old or older • 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 Barriers,doors,gates and related security enhancements In addition,the erection of communications towers that are included in a jurisdiction's interoperable communications plan is allowed, subject to all applicable laws,regulations,and licensing provisions.Communication tower projects must be submitted to FEMA for EHP review. EHP DETERMINATION PROCESS • I. Submit the Final Screening Memo to the SAA for review prior to funds being expended. II: The SAA will review and notify the sub-recipient of its decision. The grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements. APPROVAL PROCESS TO FEMA I. Prepare a formal written Scope of Work with details outlined in the attached EHP Compliance Requirements,page 2. II. The Final Screening Memo should be attached to all project information sent to the Grant Programs Directorate(GPD)for an EHP regulatory compliance review. III. Complete the attached National Environmental Policy Act(NEPA)Compliance checklist IV. Prepare maps indicating the location(s)of proposed project(Guidance provided) V. Take photographs of the location(s)of proposed project(Guidance provided) VI. Forward all documents to the SAA. All documents are then forwarded to GPD electronically via the Centralized Scheduling and Information Desk(CSID)at askcsid(a�dhs.gov. VII. CSID will send an email confirming receipt of the project description. . VIII. FEMA Program Analyst sends notification to SAA when review is complete. SAA notifies sub-recipient of FEMA's final decision. IX. THE PROJECT MAY BEGIN ONCE FINAL FEMA APPROVAL IS RECEIVED. Grantee should incorporate sufficient time and resources into the project planning process to accommodate EHP requirements.Grantees must receive written approval from FEMA prior to the use of grant funds for project implementation. 53 ■ • ATTACHMEMT L MANDATORY CONTRACT PROVISIONS Provisions as described in Appendix II to Part 200: App.II 2 CFR Ch.ii(1-1-14 Edblon) early notiflcat<lon about the requirements al- H.Ocoee IN nstreno a--ibenonee lows the potential applicant to doeide not to This section may include any additional apply.or to take needevd actions befarr©re- information that will=1St a potential ap- ge ving the Federal sward. The announce- placant.For example.the section aught: • meat need not include all of the terms and :i,indicate whether this 1s a new program conditions of the Federal award, but may Or a one-tame lnitmt ive. refer to a document(With informaUan.a bout 11,Mention related programs or either up- how to obtain 1t1 or Internet site where ap- coming or ongoing Federal awarding agony plicants can see the terots and conditions.If funding opportunitzlit for similar activities. this funding opportunity will lead to Federal 111.Include current Internet addresses for awartL with some special toxins and condi- Parietal awarding agency lob sites that may bans that differ from the Federal awarding be useful to an applicant in understanding agency's usual(sometimes called"general") the prom. terms and conditions. this section should iv.Alert applicants to the need to Identify highlight those special terms and uonditalofl . about rta way the aUon t a nfor aim Doing so will alert applicants that have re- abo handle it: veiled Federal awards from the Federal v.Whale certain r utine taottc es tv it- awarding agency praavionslg and might not cants(ens. that the Federal government Is otherwise expect different terms and condi- not obligated to make any Federal award as Li ans For the same ramson, the snnatmce- a instill of the annosinc einaut or that only anent should inform potential applicants grants officers can hind the Federal g•'ern• .about:sword requirements that could apply moot to the expenditure of funds): • to particular Federal awards after the review .of applications and other information.based .Ape ix I.f. TO PAST 203—CONTRACT on,the particular circumstances of the,effort YR.OV'ISIONS FOR NON--FEDERAL ETA a- to be supported(e.g.,if hun°iaa subjects were TY CaaN'S'i3,1CCS UNDER FEDERAL to be Involved or if some situations may ins- AWARWS Ufa- special terms on intellectual property. data sharing or security requirements). In addition to Other provisions requited by 3. Repo1Ws--Required. This section must the Federal agency or non-Federal entity.all Include general Information about the type contracts made by the non-Federal entity �e.t'.. financial or performance), frequency, under the Federal award must contain provi- aand means of submission (paper or elec- clans covering the following,as applicable. ironic)ofpost-Federal award reporting re- (A)Contracts for more than the simplified quirementa.Highlight any special reporting acquisition threshold currently set at requirements for Federal awards under this 113,400. which Is the Inflation adjusted funding opp rtuatty that differ(e:g..by re- amount determined by the Civilian.Agency port type, frequency, .farnefonnat. or c1r- Acquisition Council and the Defense,Acquisi- uces for osa?from wltai the Fedcxral then R+ ulattons Council (Cornetts) as an- awardiu= agency's Federal awsarw. -"rally t�soriaed.by 41 U,B.C.1 0€,moat address ad. aunt .noble,contractual.or legal remedies • • require. • - in :instances where contractors violate or 0.P�;,ai.Aww.atanrsso Aa CluNr3Cris)-- breach contract t ,•nail provide for suchr sanctions and penalties an appropriate, Regurrini (I3)AU contracts in excess of 110,000:must, The announcement mast give_potential ap- address termination for cause and for.con- piteants a point(s)of contact for answering vcn►ience by the non-Federal entity including questions or helping with problems while the the manner by which it will be effected and funding opportunity as open. The intent of the basis for settlement. this requirement is to be as helpful as po., (C) fin Ir'mployinent Opportamite Ex- table to potential applicants,so the Federal cep' al t as otherwise provided under. 41 CPR awarding agency should consider approaches '?art fat all contracts that meet the defini- tion of .federxily assisted cronstructlon.can- t.Points.of contact who may be reached in Wit" 41 CFR'Part�i 13 roust Include the rnultzple ways.(e.g..by telephone.FAX_and cecAtalfeitr6t)t,min wci Exe= or email.as well sare?alar mail). Order.. 11245. "Equal Employment °ppor- ii: A faX or email address that multiple tu>rity"(30 eat IO,1Z15,3 CFR part.1964- people access,so that someone will respond 106.5 Comp,p.3301,as amended by Executive even If others are unexpectedly absent dur- Order ii375, "Amending Executive Order lug critical pertos. 11246 Relating to Equal Employment.Oppor.- iii.Different contacts for distinct kinds of t unity."and intplementtng regulations at 41 help(e.g.,one for questions of programmatic CFR part 60. "Office of Federal Contract content.and a second for administrative Compiia.noe Programs. Equal Employment questions). Opportunity.Department of Labor." .194 54 • OMB Guidance Pt.200,App.U (D)Davis-Bacon Act,as amended(40 U.S.C. materials or:articles ordinarily available on 214i-2148);Witco required by Federal program the open market,or contracts for transpor- legislatlon,all prune construction.contracts tatlon or tranzmistion of intelligence. in eiccew of$;000 awarded by non-Pedera1 (F) Rights to hwantions Made Under.a entities must include a pmvlslon for corrpll- Contract or Agreement.if the Pederal award ante with the Darts-Ea► ai Act 00 U.S.C. meets the definition of"funding agreement" 3111-314L and 8146-3148).aa suppaamented by tinder 37 CPR 1401.2(a)and the recipient or Department of Labor mulattoes (29 CPR subr+eciploat meshes to enter into a contract Part.5, "Labor-Standards Provtsiona Appli- with a small burin sz firm or nonprofit ort a- table to Contracts Covering Pederglly Pi- niiration regarding the iii)Utation of par- nanaed and Assisted Construct on").In se- ties, assignment or performance of orpari-- cordance with the statute.contractors must mental. developmental, or ash•work be required to pay des to laborers and ma- under that"Bing agreement."the recipl- armies at a rate not less than the prevailing out or aubraclp1ent must comply with the re- wa ges apecifled in a .woo determination gwrementa of 37 CPR Part 401.."Ragbts-to le- made kr the Secretary of Labor.In addition, vanUonv Made by Nonprofit Organizations contractors uittst be required to pay wages and Small neatness Firms Under Govern- not is than once a weak.ma eon=Podcral moot Grants. Contracts and Cooperative entity must place a copy of the current Agreement,,"and any implementing mute, railing wake determination isauod by the De- tions issued:by the airarding age. • ment of Labor in each solicitation.The (G)Clean Mr Act(42 U .C.74017Cilga and • on to•award a•contract or aUhcontr.ct • the Pederzl Water Pollution.Control Act 03 coast.be conditioned upon to acceptance of U.S.C.iZ1-1287),as amended—Contracts and the wage determination,The non-Fedoral en- subgrants of amounts in excess of x150.000 t1.ty most report all suspeertod or reported mast contain a provision that requires the violations to tae Federal awarding agency. non-Federal award to agree to co mply with The contracts must also:Mole O a provision all applicable standards. orders tlr:regale- for compliance with the Copeland "Anti- Lions Issued•pursuant to the Clean Air Act Kickback"..Act (40 U.S.C. 214a5). as supple- (42 U.S.C,7401-7CT1q)and the Federal Water merited by Department.of Labor.regulations 'Pollution Control Act as amended(32 uu.S.C. (29 CPR Part 3, "Contractors and Sub- 1251-1287).Violations Must be reported to the contractors on Public Hutlding or Public Paderal awarding.agency and the;Regional Work Financed in Whole or in Part by Loans Office of the Environmental Protection or Grants from the United Staff").The Act Agency(EPA), provides that each contractor or sub- (U) Mandatory standards Mad petioles re- recipient snort he prohibited from inducing. luting to energy efficiency which.are con- . by any moans.any person employed in the Lamed in the state energy conservation plan construction,completion.or repair of public issued in compliance with the Energy Pollcy work, to.give up auto part of the commute- and Conservation Act(42 USX.6201). Wain to which he or she is otherwise entitled. (I1 Debarment and Saspenslon(Executive The non-Federal entity must report all sus- Orders 12549 and 12689)—A contract award petted.or reported violations to the Federal (see 2 twit 180.220)must not be made to per- awarding agency. ties listed on the govermnentwtde Excluded (E) Contract Work Hours and Safety Parties List System in the.System for Award Standards Act (40 U.S.C, 37014708). Where Management(SAM).In acceolanoe with the .applicable,all contracts awarded by the non- OMB guidelines at 2 CPR 180 that implement Federal entity in amass of 3100,01X)that in- Executive Orders 12549 (3 CPU Part 1096 voice Use employment of:niecbaulcs or Labor- Comp., p. 189) and 12689 (3 CPR Part 10119 ars must Include a provision for compliance Comp..p.285),"Dobarnwnt and Suspension." with 40 ti,S,C.3)2 and 2701,as supplemented The.Excluded Parties-List System in SAM by Department of Labor.regrila{Mons(29 CF'R contains the.names of parties debarred,'sus- Part 5).•Under 40 U,S,C.370a of the Act,each ponied,or otherwise excluded by agencies,as contractor must be required.to compete the well as parties declared Ineligible under eat- , wages of every-mechanic and laborer on the utory or regulatory authority other han Ex- . . basis of a standard work week of.40 hours. 'tithe Order 12519, ....Work in excess of the standard work week is (J) Byrd Anti Lobbying Amendment (21 permissible.provided that the worker is corn- U.S,C. 13521—Contractors that apply or bid ponnated at a rate of not less than one and a for an award of$100,000 or more mast file the half tittle the basic rate of pay:tor all.hours required certification.Each tier certifies to worked in excess of 40 hours it the work the tier above that it will not and has not week.The requirements of-40 U.S;C.3701 are used Federal appropriated hinds to pay any applicable to construction work and provide person or organisation for influencing or at- that no laborer or mechanic must be re- tempting to influence an officer or employee doled to work in surroundings or under of any agency.a member of Cengvass,officer working conditions which are unsanitary, or employee of Congress.or an employee of a hazardous or dangerous.These requirements member of Conirrew in connection with ole. de not apply to the purthasa,Of supplies or tataing any Federal contract,grantor a:nq. 195 55 • Pi.•200,App.Ill 2 CFR Ch.It(1-1-14 Emotion) other award coveted by 31 U.S.C.1252.Each 01 Sponsored research means all research tier-mast•also disclose any lobbying•with and development activities that are upon- non-Federal,funds thnt takes place in con- scrod by.Pedernl and non-feral agencies section with obtaining any Federal award. and organisations.Thtstermincludo activi- Snch•disclosures are•forwarded from'tier to ties involving the training of individual`to tier up to the on-Federal award. sevearch techniques (commonly called re- RC)bee 1200,122 Procurement of recovered soma training)where such activities.ut1lir.P. materials, the'samo factlittee as other:research and de- velopment activities and where such act vi- APP DIX III TO PART 200—INDritErT ties are not included In the instruction ftuic- (F'&A) COSTS IDENTIFICATION AND Lion. • ASEIOAIMENT.AND RATE D> INA- (2) University research means all research TTION FOR Ila-sT1Ttr'TIObis OF HIGHER and ddveIoptrient activities that are sem EDUCATION( S) Irately budgeted end accounted for by the in- stitution on underr an internal application of In- A.Gam stdtutional funds '13nive icy research.•for This appendix prnvidns criteria for identi- :purposes of this document. must be corn- Wile and eoniputtng indirect (or indirect billed witti sponsor. 42-040• under the (V&A))rates at m(Institutions).In,itrirct fuaotion e.f organized research. (P&A)cost are those•thhat are interred for c'Qth 7$paruosed�tDUIes rneans prograims gammon or.Joint obiiertices-and.therefore and reelectts financed by Federal and ton- canna be idenal:led readily anti speciftcai y Federal agencies and organizations which in- with a particular apottzored,project! sn in Volvo the perfonninee of work ether than in- atauctional activity, or tiny other insttta- stmc.!ho_n and Organized research.}xarnples Lionel'activity. See subsection Li..PeOni- of such P'rUgrarns and •project, are health Lion of Facilities and Adniinistration,for a service g'D)ects and unity service gr°- diseussion of the components of indirect gramme#lawever.°when any of thetti activities (PluA)casts. are undertaken by the institution without outside support. they may be classified as L Major Functions of as Institution other institutional activities. Refers.to to uctron,organic rtasear tU d-Other institutional:actirftles means all air otter tponnOrnd activitlos And other inatEtat- tivities.of an•:institution exCepty far instree- tional activities as defined in this section iron, f18pFiY t fitental sasaareh; of antzed ra- tional a. Instruction moans the bawling and search~and other sponsored activities,as"s- training activities of an institution,Except f��os 'Identified ecti In this Appendix�p9a3- for research training as provided in sub- section b,,this term includes all teaching:and graph l3.Identification and assignment of in- training activities.whether they are offered direct(P&A)casts: and specialized sonnies for credits toward a degree or certificate or f l.ities described in 1200.46$ Specialized on a non-credit basis.and whether they are service facilities of this Part. offered through regular academic depart espies of other institutional activities • meanly or separate divisions.such as a sera• Include operation of residence halls, dining mar school division or an extension division, halls, hospitals and Clinics.Student unions. Also considered part of this major function intercollegiate athletics,bookstores,faculty are departmental research, and, where housing. student apartments, guest houses. agreed to.university researeh. chapels.theaters,public museums,and other (1)Sponsored instrncatara end uoninig mean' similar auxiliary enterprises.This definition specific instructional or training activity es- also includes any other categories of activi- tsbilshed.by grant.contact..Or..cooperative ties.•costs•of which are "unallowable" to agreement. For purposes of the cost•prin- Federal awards. unless otherwise indicated ciplos• this activity may be considered a in an award. Major inaction even though an institution's 2.Criteria for Distribution• accounting treatment may include it in the instruction function. a_Base period. A base period for dtstribu- . - (2)lasparb+reenmt research Means.research. -Lion of indirect(F&A)'costs is the period development and scholarly activities that during which the mists are incurred. The are :not organized research .and, con- base period normally should:coincide with sequently,are not separately budgeted and the fiscal year established by the institution. accounted for. Departmental .research. for but in any event the base period ehoald be to purposes of this document,is not considered selected as to avoid inequities in the die• as a,major function,but as a part of the in- tributson of costs, struction function of the institution. b.Need for cost.Touviugs..The overall ob. b. Organised research means all research lecture of the indirect KP&A)cost allocation and development activities of an institution process is to distribute the indirect (P&A) that.are separately budgeted and accounted costs described in Section D.identification for,it includes:. and assient of indirect(FAA)costs, to 196 56 • RESOLUTION NO. 2015-29060 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT THE FOLLOWING APPLICATIONS: 1) US DEPARTMENT OF HOMELAND SECURITY, URBAN AREA SECURITY INITIATIVE (UASI) FY 2016 PROGRAM,IN THE APPROXIMATE AMOUNT OF $100,000; 2) FLORIDA DIVISION OF EMERGENCY MANAGEMENT COMMUNITY EMERGENCY RESPONSE TEAM (CERT) FUNDING, IN THE APPROXIMATE AMOUNT OF $13,000, FOR THE FY 2015 COMMUNITY EMERGENCY RESPONSE TEAM GRANT PROGRAM; AND, RETROACTIVELY, TO: 3) THE FLORIDA LEAGUE OF MAYORS, INC., FOR THE CITY CATALYST GRANTS PROGRAM, IN THE APPROXIMATE AMOUNT OF $1,500, FOR A SENIOR CITIZENS' INITIATIVE; AND 4) RENEWAL OF THE CHILDREN'S TRUST SERVICE PARTNERSHIP GRANT, IN THE APPROXIMATE AMOUNT OF $425,000, FOR THE CITY'S SUCCESS UNIVERSITY PROGRAM; APPROVING AND AUTHORIZING THE APPROPRIATION OF THE ABOVE GRANTS AND FUNDING REQUESTS, INCLUDING ANY REQUISITE MATCHING FUNDS AND CITY EXPENSES; AND FURTHER AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE ALL NECESSARY STEPS AND TO EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE AFORESTATED GRANTS AND FUNDING REQUESTS, INCLUDING, WITHOUT LIMITATION, APPLICATIONS, GRANT AND FUNDING AGREEMENTS, AND AUDITS. WHEREAS, the City Administration requests approval to submit an application to US Department of Homeland Security, for Urban Area Security Initiative (UASI) FY 2016 Program, in the approximate of$100,000, for homeland security Citywide, the details of which are as follows: • The Urban Area Security Initiative (UASI) Program is funded through the Department of Homeland Security (DHS), under the Homeland Security Grant Program; • One of the core missions of DHS is to enhance the ability of state and local governments to prevent, protect against, respond to, and recover from terrorist attacks and other disasters; • The federal government allocates funding to the different Urban Area groups based on a risk-based methodology; • The program focuses on planning, equipment, and training of high threat, high- density urban areas; • The City of Miami Beach receives UASI funding as part of the allocation for the Miami Urban Area; • The City will be utilizing grant funds to further homeland security needs Citywide and no matching funds are required; and WHEREAS, the City Administration requests approval to submit an application to the Florida Division of Emergency Management, in the approximate amount of $13,000, for the 2015 Community Emergency Response Team (CERT) Grant Program, the details of which are as follows: • • The Administration intends to apply for funding for the CERT Program; • This grant requires matching funds which can be in either cash or in-kind; • The City will provide an in-kind match in the form of salaries, overhead, etc.; • The Florida CERT Association is a 501(c)3 (not-for-profit) organization whose primary goal is the support of statewide training and education in disaster planning/emergency preparedness for citizens and established CERT teams; • The association, in concert with local, state and federal agencies, serves as a mentoring and resource asset for local CERT teams and programs; • The Department of Homeland Security Appropriations Act, 2015, includes provisions for providing funding assistance to state and local governments to support Citizen Corps Council and Community Emergency Response Team efforts to engage citizens in all-hazard prevention, protection, response, and recovery; and WHEREAS, the City Administration requests approval to submit an application to • the Children's Trust Service Partnership Program, in the approximate amount of $425,000, for the City's Success University Program, the details of which are as follows: • The Administration requests approval to renew the Children's Trust Service Partnership Grant, in the amount of$425,000; • The Children's Trust Service Partnership Program provides funding to address targeted geographic areas and to reach at-risk populations in Miami-Dade • County; • The purpose of the program is to target resources to meet the more complex needs of vulnerable children and families; • The City was awarded an initial planning grant for the Service Partnership in 2007, and has been operating the program successfully since then; • Success University is an integrated service program that partners with community agencies to provide Miami Beach youth at risk for truancy with personal and academic supports, while providing their families with holistic, comprehensive services to ensure family stability and youth success; • Service components currently include: tutoring, family assessments, care plan coordination, family group conferencing, youth employment services, transportation assistance, mentoring, counseling services, functional • family therapy, and referrals to community-based services and Suspension Diversion which is a program for youth with outdoor suspensions which applies restorative justice values and also provides a school work component; • Subcontracts will be awarded to Miami Beach Service Partnership member agencies via weighted scores that evaluate contract performance and efficacy in the previous program year; • This program supports the key intended outcome to achieve education (K-12) excellence and does not require matching funds; and WHEREAS, the City Administration requests approval to submit a grant application to The Florida League of Mayors, Inc., for the City Catalyst Grants Program, in the approximate amount of$1,500, for a Senior Citizens' Initiative, the details of which are as follows: • The Florida League of Mayors and Florida Business Watch have established a grants program available'to•all Florida League of•Mayors members; • The grant program will be used to support projects or initiatives that help build community and/or help to enhance the lives of citizens in a city; • The purpose of the grant program is to help supplement the cost associated with a public project or initiative where citizens are involved and where the resources provided will make a difference in the success of the project or initiative; • The City will request funding for a Senior Prom Event, that will enhance the quality of life for citizens and will be a public event; • Matching funds are not required. NOW THEREFORE, BE IT •DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby approve and authorize the City Manager, or his designee, to submit applications to: 1) US Department of Homeland Security, Urban Area Security Initiative (UASI) FY 2016, in the approximate amount of $100,000; 2) Florida Division of Emergency Management Community Emergency Response Team (CERT) funding, in the approximate amount of $13,000, for the FY 2015 Citizen Corps Grant Program; and, retroactively, to: 3) The Florida League of Mayors, Inc., for the City Catalyst Grants Program, in the approximate amount of $1,500, for a Senior Citizens' Initiative; and 4) Renewal of The Children's Trust Service Partnership Grant, in the approximate amount of $425,000, for the City's Success University Program; approving and authorizing the appropriation of the above grants and funding requests, including any requisite matching funds and city expenses; and further authorizing the City Manager, or his designee, to take all necessary steps and to execute all necessary documents in connection with the aforestated grants and funding requests, including, without limitation, applications, grant and funding agreements, and audits. PASSED and ADOPTED this $7 day of u , 2015. Mayor ATTEST: / • a E3 E 7Z� a • ' .,..,,......'%,. �%�i Raf I E. G o, Ci CI rk • �'.•• p'.. PPROVED AS TO 0- . ,% M&LANGUAGE F:\T Drive AGENDA120151Ju 1OBPI\Grants Rest . d F *°?1 FO EXECUTION 23 5 ..... -• Attorney A! Dote COMMISSION ITEM SUMMARY Condensed Title: A Resolution Authorizing The City Manager or his designee to apply for and accept three(3) grants and execute one(1)grant renewal. Key Intended Outcome Supported: 1) 2)and 4) N/A; 3)Achieve Educational (K-12) Excellence. Supporting Data: Community Satisfaction Survey: 1) "Satisfaction with Emergency Services" is a driver of businesses' ratings of Miami Beach as a place to run a business; 2); Business owners' positive ratings for emergency/hurricane preparedness varied slightly across zones from a low of 85% in South Beach to a high of 90% in North Beach; 3) Safety in Miami Beach appeared as one of the most important areas affecting resident's quality of life, the Children's Trust grants provide funding for at-risk youth as well as educational opportunities; and, Environmental Scan: 4) One in six residents of Miami Beach is a senior citizen. Item Summary/Recommendation: - Approve and authorize the City Manager or his designee to submit applications to: 1) US Department of Homeland Security, Urban Area' Security Initiative (UASI) FY2016 funds; 2) Florida Division of Emergency Management for FY2015 Community Emergency Response Team (CERT) Program; 3) Renewal of The Children's Trust Service Partnership Grant; and retroactively to: 4) The Florida League of Mayors, Inc., for the 2015 City Catalyst Grants Program. Financial Information: _ Source # Grant Name/Project Approx. Approximate Match of funds Award Amount/Source 1 US Department of Homeland Security, $100,000 N/A Urban Area Security Initiative/ • Homeland Security Citywide 2 Florida Division of Emergency $13,000 $13,000/1n-kind Match Management/2015 Community (Salaries, overhead, etc.) Emergency Reponse Team Grant • 3 Children's Trust/Service Partnership $425,000 N/A Program Renewal 4 The Florida League of Mayors, Inc./A $1,500 N/A Senior Citizens' Initiative Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Judy Hoanshelt, Grants Officer, Office of Budget and Performance Improvement Sign-Offs: Department Director Assistant City Manager City Ma agar f• 11/1 AGENDA A A l EAR H ITEM C 7 DATE 74-15.- MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members f the City Co mission FROM: Jimmy L. Morales, City Manager DATE: July 8, 2015 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE FOLLOWING APPLICATIONS: 1) US DEPARTMENT OF HOMELAND SECURITY, URBAN AREA SECURITY INITIATIVE (UASI) FY2016 PROGRAM, IN THE APPROXIMATE AMOUNT OF $100,000; 2). FLORIDA DIVISION OF EMERGENCY MANAGEMENT, COMMUNITY EMERGENCY RESPONSE TEAM (CERT) FUNDING, IN THE APPROXIMATE AMOUNT OF $13,000, FOR THE FY2015 COMMUNITY EMERGENCY RESPONSE (CERT) GRANT PROGRAM; AND RETROACTIVELY TO: 3) THE FLORIDA LEAGUE OF MAYORS, INC., FOR THE CITY CATALYST GRANTS PROGRAM, IN THE APPROXIMATE AMOUNT OF $1,500, FOR A SENIOR CITIZENS' INITIATIVE; AND 4) RENEWAL OF THE CHILDREN'S TRUST SERVICE PARTNERSHIP GRANT, IN THE APPROXIMATE AMOUNT OF $425,000, FOR THE CITY'S SUCCESS UNIVERSITY PROGRAM; APPROVING AND AUTHORIZING THE APPROPRIATION OF THE ABOVE GRANTS AND FUNDING REQUESTS, INCLUDING ANY REQUISITE MATCHING FUNDS AND CITY EXPENSES; AND FURTHER AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE ALL NECESSARY STEPS AND TO EXECUTE DOCUMENTS IN CONNECTION WITH THE AFORESTATED GRANTS AND FUNDING REQUESTS, INCLUDING, WITHOUT LIMITATION, APPLICATIONS, GRANT AND FUNDING AGREEMENTS, AND AUDITS. . ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS, 1. Approval to submit an application to US Department of Homeland Security, for Urban Area Security Initiative (UASI) 2016 funds, in the approximate of $100,000, for Homeland Security Citywide. The Urban Area Security Initiative (UASI) Program is funded through the Department of Homeland Security (DHS), under the Homeland Security Grant Program. One of the core missions of DHS is to enhance the ability of state and local government to prevent, protect against, respond to and recover from terrorist attacks and other disasters. The Commission Memorandum . • Page 2 federal government allocates funding to the different Urban Area groups based on a risk- based g g 9 P based methodology. The program focuses on planning, equipment, training and exercise needs of high threat, high-density urban areas. The City of Miami Beach receives UASI funding as part of the allocation for the Miami Urban Area. The City will be utilizing grant funds to further homeland security needs citywide and the Administration anticipates submitting an application for UASI funding in the approximate amount of$100,000. No matching funds are required. 2. Approval to submit an application to Florida Division of Emergency Management, in the approximate amount of $13,000, for the FY2015 Community Emergency Response Team (CERT) Grant Program. The Department of Homeland Security Appropriations Act, 2015,. includes provisions for providing funding assistance to state and local governments to support Community Emergency Response Team efforts to engage citizens in all-hazard prevention, protection, response, and recovery. The Florida CERT Association is a 501(c)3 (not-for-profit) organization whose primary goal is the support of statewide training and education in disaster planning/emergency preparedness for citizens and established CERT teams. The.association, in concert with local, state and federal agencies, serves as a mentoring and resource asset for local CERT teams and programs. The Administration intends to apply for funding for the CERT Program. This grant requires matching funds. Matching funds can be in either cash or in-kind, and, as such the Administration will provide an in-kind match (salaries, overhead etc.) and not a cash match. 3. Approval to submit an application to the Children's•Trust, Service Partnership Program, in the approximate amount of $425,000, for the City's Success, University Program. The Administration requests approval to renew the Children's Trust Service Partnership grant, in the amount of $425,000. The Children's Trust Service Partnership Program provides funding to address targeted geographic areas and to reach at-risk populations in Miami-Dade County. The purpose of the program is to target resources to meet the more complex needs of vulnerable children and families. The City was awarded an initial planning grant for the Service Partnership in 2007, and has been operating the program successfully since then. Success University is an integrated service program that partners with community agencies to provide Miami Beach youth at-risk for truancy with personal and academic supports, while providing their families with holistic, comprehensive services to ensure family stability and youth success. Service components currently include: tutoring, family assessments, care plan coordination, family group conferencing, employment services, and referrals to community-based services and Suspension Diversion which•is a program for youth with outdoor suspensions which applies restorative justice values.and also provides a school work component. Subcontracts will be awarded to Miami Beach Service Partnership member agencies via weighted scores that evaluate contract performance and efficacy • • Commission Memorandum Page 3 • in the previous program year. This program supports the. key intended outcome to achieve education (K-12)excellence and does not require matching funds. 4. Retroactive approval to submit a grant application to The Florida League of Mayors, Inc., for the City Catalyst Grants Program, in the approximate amount of $1,500, for A Senior Citizens' Initiative. The Florida League of Mayors and Florida Business Watch have established a grants program available to all Florida League of Mayors members. The purpose of the grant program is to support projects or initiatives that help build-community and/or help to enhance the lives of citizens in a city. Grant funds will help to supplement the cost associated with a public project or initiative where citizens are involved and where the resources provided will make a difference in the success of the project or initiative. The City is requesting funding for a Senior Prom Event, hosted for our senior citizens. The event will enhance the quality of life for citizens and will be a public event. Matching funds are not required. CONCLUSION A Resolution approving and authorizing the City Manager or his designee to submit applications to: 1) US Department of Homeland Security, Urban Area Security Initiative (UASI) FY2016 Program, in the approximate amount of $100,000; 2) Florida Division of Emergency Management, Community Emergency Response Team (CERT) Program, in the approximate amount of $13,000, for the FY2015 Community Emergency Response Team Program; and, retroactively to: 3) The Florida League of Mayors, Inc., for the City Catalyst Grants Program, in the approximate amount of $1;500, for a Senior Citizens' Initiative; and 4) Renewal of The Children's Trust Service Partnership Grant, in the approximate amount of$425,000, for the City's Success University Program; approving and authorizing the appropriation of the above grants and funding requests, including any requisite matching funds and city expenses; and further authorizing the City Manager, or his designee, to take all necessary steps and to execute all necessary documents in connection with the aforestated grants and funding requests, including, without limitation, applications, grant and funding agreements, and audits. JLM/JW/JMH T:IAGENDA'20151JuIy\Grants Memo.docx • • •