Agreement Articles Port Security Grant Program 20iC - 29339
Agreement Articles
Thu Sep 01 00:00:00 GMT 2016
U.S. Department of Homeland Security
Washington, D.C. 20472
AGREEMENT ARTICLES
Port Security Grant Program
GRANTEE: City of Miami Beach
PROGRAM: Port Security Grant Program
AGREEMENT NUMBER: EMW-2016-PU-00231-S01
TABLE OF CONTENTS
Article I Summaru Description of Project
Article II Assurances,Administrative Requirements, Cost Principles,
and Audit Requirements
Article III DHS Specific Acknowledgements and Assurances
Article IV Whistleblower Protection Act
Article V Use of DHS Seal, Logo and Flags
Article VI USA Patriot Act of 2001
Article VII Universal Identifier and System of Award Management
(SAM)
Article VIII Reporting of Matters Related to Recipient Integrity and
Performance
Article IX Rehabilitation Act of 1973
Article X Trafficking Victims Protection Act of 2000
Article XI Terrorist Financing
Article XII SAFECOM
Article XIII Reporting Subawards and Executive Compensation
Article XIV Procurement of Recovered Materials
Article XV Patents and Intellectual Property Rights
Article XVI Notice of Funding Opportunity Requirements
Article XVII Non-supplanting Requirement
Article XVIII Lobbying Prohibitions
Article XIX Limited English Proficiency(Civil Rights Act of 1964,Title VI)
Article XX Hotel and Motel Fire Safety Act of 1990
Article XXI Fly America Act of 1974
Article XXII Best Practices for Collection and Use of Personally
Identifiable Information (PII)
Article XXIII Americans with Disabilities Act of 1990
Article XXIV Age Discrimination Act of 1975
Article XXV Activities Conducted Abroad
Article XXVI Acknowledgment of Federal Funding from DHS
Article XXVII Federal Leadership on Reducing Text Messaging while
Driving
Article XXVIII Federal Debt Status
Article XXIX False Claims Act and Program Fraud Civil Remedies
Article XXX Energy Policy and Conservation Act
Article XXXI Education Amendments of 1972(Equal Opportunity in
Education Act)-Title IX
Article XXXII Duplication of Benefits
Article XXXIII Drug-Free Workplace Regulations
Article XXXIV Debarment and Suspension
Article XXXV Copyright
Article XXXVI Civil Rights Act of 1968
Article XXXVII Civil Rights Act of 1964-Title VI
Article XXXVIII Acceptance of Post Award Changes
Article XXXIX Prior Approval for Modification of Approved Budget
Article XL Disposition of Equipment Acquired Under the Federal Award
Article XLI National Environmental Policy Act
Article XLII Nondiscrimination in Matters Pertaining to Faith-based
Organizations
Article I -Summaru Description of Project
Project#1: Counter terrorism and security Maritime Capability upgrade funded at$116,475
Article II -Assurances,Administrative Requirements, Cost Principles,and Audit Requirements
DHS financial assistance recipients must complete either the OMB Standard Form 424B Assurances-Non-Construction
Programs or OMB Standard Form 424D Assurances-Construction Programs as applicable. Certain assurances in these
idocuments may not be applicable to your program, and the DHS financial assistance office may require applicants to certify
additional assurances.Applicants are required to fill out the assurances applicable to their program as instructed by the
awarding agency. Please contact the financial assistance office if you have any questions.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200, and adopted by
DHS at 2 C.F.R. Part 3002.
Article Ill -DHS Specific Acknowledgements and Assurances
All recipients, sub-recipients, successors,transferees, and assignees must acknowledge and agree to comply with applicable
provisions governing DHS access to records, accounts, documents, information, facilities, and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS.
2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and
sources of information related to the award and permit access to facilities, personnel, and other individuals and information as
may be necessary, as required by DHS regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate
backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law
or detailed in program guidance.
(5. If, during the past three years,the 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 recipient must provide a list
of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial
!assistance office and the DHS Office of Civil Rights and Civil Liberties(CRCL)by e-mail at crcl @hq.dhs.gov or by mail at U.S.
Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop#0190 Washington, D.C.
20528.
6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin
((including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient
!settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS
,financial assistance office and the CRCL office by e-mail or mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
Article IV-Whistleblower Protection Act
All recipients must comply with the statutory requirements for whistleblower protections(if applicable)at 10 U.S.0 section
12409, 41 U.S.C.4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310.
Article V-Use of DHS Seal, Logo and Flags
All recipients must obtain permission from their financial assistance office, prior to using the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests
or reproductions of flags or likenesses of Coast Guard officials.
Article VI -USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools
!Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act),which amends 18 U.S.C. sections175 175c
Article VII-Universal Identifier and System of Award Management(SAM)
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#All recipients are required to comply with the requirements set forth in the government-wide Award Term regarding the System;,
for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25.Appendix A, the full text of which is
incorporated here by reference in the terms and conditions of your award.
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Article VIII -Reporting of Matters Related to Recipient Integrity and Performance
(If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal
!assistance office exceeds$10,000,000 for any period of time during the period of performance of this Federal award, you
(must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and
;Performance Matters located at 2 C.F.R. Part 200.Appendix XII, the full text of which is incorporated here by reference in the
;terms and conditions of your award.
Article IX-Rehabilitation Act of 1973
All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, as
!amended,which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the
!handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance.
Article X-Trafficking Victims Protection Act of 2000
!All recipients must comply with the requirements of the government-wide award term which implements Section 106(g)of the
Trafficking Victims Protection Act of 2000, (TVPA)as amended (22 U.S.C. section 7104).The award term is located at 2 CFR
!section 175.15,the full text of which is incorporated here by reference in the terms and conditions of your award.
Article XI -Terrorist Financing
All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources
and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure
compliance with the Order and laws.
Article XII -SAFECOM
All recipients who receive awards made under programs that provide emergency communication equipment and its related
activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical
!standards that ensure and enhance interoperable communications.
Article XIII -Reporting Subawards and Executive Compensation
All recipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting
Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A,the full text of which is incorporated here
(by reference in the terms and conditions of your award.
Article XIV-Procurement of Recovered Materials
All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
9Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency(EPA)at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition.
Article XV-Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified
in 35 U.S.C. section 200 et seq. All recipients are subject to the specific requirements governing the development, reporting,
and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and
#the standard patent rights clause located at 37 C.F.R. section 401.14.
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Article XVI -Notice of Funding Opportunity Requirements
All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity(NOFO)for this
program are incorporated here by reference in the terms and conditions of your award.All recipients must comply with any
such requirements set forth in the program NOFO.
Article XVII -Non-supplanting Requirement
All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do
not replace (supplant)funds that have been budgeted for the same purpose through non-Federal sources.
"Article XVIII -Lobbying Prohibitions
All recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under an award may
lbe expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any
Federal action concerning the award or renewal.
(Article XIX -Limited English Proficiency(Civil Rights Act of 1964,Title VI)
All recipients must comply with the Title V/of the Civil Rights Act of 1964(Title VI)prohibition against discrimination on
the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide
meaningful access to persons with limited English proficiency(LEP)to their programs and services. For additional assistance
and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/
•uidance-•ublished-hel•-de•artment-su••orted-or•anizations-•rovide-meanin•ful-access-•eo•le-limited and additional
resources on http://www.lep.gov.
Article XX-Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a,all recipients must
lensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with
the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C.
'section 2225.
'Article XXI -Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C.
!section 41102)for international air transportation of people and property to the extent that such service is available, in
!accordance with the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C. section 40118)and
the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to
Comptroller General Decision B-138942.
Article XXII -Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII)as any information that permits the identity of an individual to be directly
or indirectly inferred, including any information that is linked or linkable to that individual.All recipients who collect PII are
!required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they
collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and
"Privacy template respectively.
Article XXIII -Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits
"recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation
"systems, places of public accommodation, and certain testing entities. (42 U.S.C. sections 12101 12213).
Article XXIV-Age Discrimination Act of 1975
All recipients must comply with the requirements of the Age Discrimination Act of 1975(Title 42 U.S. Code, section 6101 et
sea.),which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance
}Article XXV-Activities Conducted Abroad
€ ll recipients must ensure that project activities carried on outside the United States are coordinated as necessary with
!appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
Article XXVI -Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals,
bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds
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Article XXVII -Federal Leadership on Reducing Text Messaging while Driving
All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O.
113513, including conducting initiatives described in Section 3(a)of the Order when on official Government business or when
performing any work for or on behalf of the federal government.
Article XXVIII -Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include
delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
Article XXIX-False Claims Act and Program Fraud Civil Remedies
All recipients must comply with the requirements of 31 U.S.C. section 3729-3733 which prohibits the submission of false or
fraudulent claims for payment to the Federal Government. See 31 U.S.C. section 3801-3812 which details the administrative
remedies for false claims and statements made.
Article XXX-Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. section 6201 which contain policies relating to energy efficiency
hat are defined in the state energy conservation plan issued in compliance with this Act.
Article XXXI -Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX
All recipients must comply with the requirements of Title IX of the Education Amendments of 1972(20 U.S.C. section 1681
let seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial
!assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19
Article XXXII -Duplication of Benefits
Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other
Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and
conditions of the Federal awards, or for other reasons. However,this prohibition would not preclude a recipient form shifting
costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the
terms and conditions of the Federal award.
Article XXXIII -Drug-Free Workplace Regulations
All recipients must comply with the Drug-Free Workplace Act of 1988(41 U.S.C. section 701 et seq.),which requires all
!organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS has adopted the
Act's implementing regulations at 2 C.F.R Part 3001.
Article XXXIV-Debarment and Suspension
All recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders
112549 and 12689, and 2 C.F.R. Part 180. These regulations restrict awards, subawards, and contracts with certain parties that
are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
Article XXXV-Copyright
EAII recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of
!Government sponsorship (including award number)to any work first produced under Federal financial assistance awards.
!
!Article XXXVI -Civil Rights Act of 1968
All recipients must comply with Title VIII of the Civil Rights Act of 1968,which prohibits recipients from discriminating in
!the sale, rental,financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis
!of race, color, national origin, religion, disability, familial status, and sex(42 U.S.C. section 3601 et seq.), as implemented
by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination
;includes the requirement that new multifamily housing with four or more dwelling units i.e.,the public and common use areas
'and individual apartment units(all units in buildings with elevators and ground-floor units in buildings without elevators) be
designed and constructed with certain accessible features(See 24 C.F.R. section 100.201).
Article XXXVII -Civil Rights Act of 1964-Title VI
All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(42 U.S.C. section 2000d et seq.),
!which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal
'financial assistance. DHS implementing regulations for the Act are found at 6 C.F. R., Part 21 and 44 C.F.R. Part 7.
!Article XXXVIII -Acceptance of Post Award Changes
lln the event FEMA determines that changes are necessary to the award document after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once
notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award.
Please call the FEMA/GMD Call Center at(866)927-5646 or via e-mail to ASK-GMDcaidhs.gov if you have any questions.
Article XXXIX-Prior Approval for Modification of Approved Budget
Before making any change to the DHS/FEMA approved budget for this award,you must request prior written approval from DHS/FEMA where
required by 2 C.F.R.Section 200.308.For awards with an approved budget greater than$150,000,you may not transfer funds among direct
cost categories,programs,functions,or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers
exceeds or is expected to exceed ten percent(10%)of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/
FEMA approved budget in the first Federal Financial Report(SF-425)you submit following any budget deviation,regardless of whether the budget
!deviation requires prior written approval.
Article XL -Disposition of Equipment Acquired Under the Federal Award
When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer needed
for the original project or program or for other activities currently or previously supported by DHS/FEMA,you must request
instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313.
Article XLI -National Environmental Policy Act
All recipients must comply with the requirements of the National Environmental Policy Act(NEPA)and the Council on
Environmental Quality(CEQ)Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to
use all practicable means within their authority, and consistent with other essential considerations of national policy,to create
and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and
(other needs of present and future generations of Americans.
!Article XLII -Nondiscrimination in Matters Pertaining to Faith-based Organizations
Faith-based organizations are, under 6 C.F.R. Part 19, afforded certain protections as it relates to eligibility to receive financial
assistance from DHS for social service programs, or to participate in social service programs administered or financed by
DHS. Organizations that receive financial assistance from DHS for a social service program or participate in DHS social
service programs have an obligation to comply with the equal treatment policies and requirements contained in 6 C.F.R. Part
19,which, among other provisions, prohibit recipient organizations from discriminating against beneficiaries on the basis
of religion or religious belief,a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice;
and generally require recipients subject to the rule to provide certain protections, and notice of those protections, to their
beneficiaries. Recipients must also comply with any other policies and procedures regarding the participation of faith-based
organizations contained in applicable statutes, regulations, and guidance governing individual DHS programs.
Personnel $0.00
Fringe Benefits $0.00
Travel $0.00
Equipment $155,300.00
Supplies $0.00
Contractual $0.00
Construction $0.00
Indirect Charges $0.00
Other $0.00
Obligating Document for Award/Amendment
1a.AGREEMENT NO. 2. 3. RECIPIENT NO. 4. TYPE OF 5. CONTROL NO.
EMW-2016-PU-00231-S01 AMENDMEN1V00102398 ACTION W510977N
NO. AWARD
6.RECIPIENT NAME AND 7.ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS
ADDRESS ADDRESS Financial Services Branch
City of Miami Beach Grant Operations 500 C Street,S.W.,Room 723
1700 Convention Center 245 Murray Lane-Building 410,SW Washington DC,20472
Drive Washington DC,20528-7000
Miami Beach,FL,33139- POC: 866-927-5646
9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR
PROJECT OFFICER 305-673-7000 Central Scheduling and Information Desk
Judy Hoanshelt Ext.6183 Phone: 800-368-6498
Email: Askcsid @dhs.gov
11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD
THIS ACTION METHOD Cost Reimbursement From To:
09/01/2016 OF 09/01/2016 08/31/2019
PAYMENT Budget Period
PARS 09/01/2016 08/31/2019
15.DESCRIPTION OF ACTION
a.(Indicate funding data for awards or financial changes)
PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON-
NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT
ACRONYM XXXX-XXX-XXXXXX- AWARD THIS AWARD
XXXXX-XXXX-XXXX-X ACTION
+OR(-)
Port Security 97.056 2016-SL-B411-P410--4101- $0.00 $116,475.00 $116,475.00 See Totals
Grant D
Program
TOTALS $0.00 $116,475.00 $116,475.00 $38,825.00
b.To describe changes other than funding data or financial changes,attach schedule and check here.
N/A
16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS
DOCUMENT TO FEMA(See Block 7 for address)
Port Security Grant Program recipients are not required to sign and return copies of this document.However,recipients should print and
keep a copy of this document for their records.
16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17.RECIPIENT SIGNATORY OFFICIAL(Name and Title)J r'-k_ray i , �c'tA L6 S DATE
JUdy Hoanshelt,Ms ` Tue Sep 06 20:17:16 GMT
2016
18.FEMA SIGNATORY OFFICIAL(Name and Title) i DATE
ANDREW MCLARTY, Thu Sep 01 14:45:59 GMT
2016
APPROVED AS TO
FORM & LANGUAGE
& F EXE UTION
(3 °c(11
City Attorney D
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