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Memorandum of Agreement Urban Area Security Initiative FY 2016 Q20%S"= 021'060 MEMORANDUM OF AGREEMENT URBAN AREA SECURITY INITIATIVE FY 2016 "City of Miami Beach" Agreement Number: 17-DS-V9-11-23-02-346 FAIN Number: EMW-2016-SS-00092-501 CFDA#: 97.067 This Agreement is entered into this day of 2016, by and between the City of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and the City of Miami Beach, (the"Participating Agency"). RECITALS WHEREAS, the U.S. Department of Homeland Security (USDHS) is providing financial assistance to the Miami urban area in the amount$5,158,500 dollars through the Urban Area Security Initiative(UASI) Grant Program 2016; and WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program 2016; and WHEREAS, as the USDHS requires that the urban areas selected for funding take a regional metropolitan area approach to the development and implementation of the UASI Grant Program 2016 and involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and WHEREAS, the 2016 Urban Area has been defined Miami and Ft. Lauderdale collectively and anticipates sub-granting a portion of the UASI funds in accordance with the grant requirements; and WHEREAS, the City Commission, by Resolution No.KO- ��ac- , adopted on 10 ' I 2016, has authorized the City Manager to enter into this Agreement with each participating agency on behalf of the City of Miami; and WHEREAS, the Sponsoring Agency wishes to work with the participating agencies through the Urban Area Working Group process to enhance Miami and its surrounding jurisdictions ability to respond to a terrorist threat or act. NOW THEREFORE, in consideration of the foregoing, the parties hereto agree as follow: 1 I. PURPOSE A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies for activities under the UASI Grant Program 2016 which was made available by the U.S. Department of Homeland Security and the State of Florida Division of Emergency Management(FDEM). B. This Agreement serves as the Scope of Work between the Participating Agency and the Sponsoring Agency. I!. SCOPE A. The provisions of this Agreement apply to UASI Grant Program 2016 activities to be performed at the request of the federal government, provided at the option of the Sponsoring Agency, and in conjunction with, preparation for, or in anticipation of, a major disaster or emergency related to terrorism and or weapons of mass destruction. B. No provision in this Agreement limits the activities of the Urban Area Working Group or its Sponsoring Agency in performing local and state functions. III. DEFINITIONS A. Critical Infrastructure: Any system or asset that if attacked would result in catastrophic loss of life and/or catastrophic economic loss management of resources (including systems for classifying types of resources); qualifications and certification; and the collection, tracking, and reporting of incident information and incident resources. B. Core County: The County within which the core city is geographically located. The core city is the City of Miami. C. UASI Grant Program 2016: The UASI Grant Program 2016 reflects the intent of Congress and the Administration to enhance and quantify the preparedness of the nation to combat terrorism and continues to address the unique equipment, training, planning, and exercise needs of large high threat urban areas, and program activities must involve coordination by the identified core city, core county/counties, and the respective State Administrative Agency. Funding for the UASI Grant Program 2016 was appropriated by U.S. Congress and is authorized by Public Law 108-11, the Emergency Wartime Supplemental Appropriations Act, 2003. The funding will provide assistance to build an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism for the selected urban areas. D. National Incident Management System (NIMS): This system will provide a consistent nationwide approach for federal, state, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or 2 complexity. To provide for interoperability and compatibility among Federal, State, and local capabilities, the NIMS will include a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command and training. E. Urban Area Working Group (UAWG): The State Administrating Agency Point of Contact (SAA POC) must work through the Mayor/CEOs from all other jurisdictions within the defined urban area to identify POCs from these jurisdictions to serve on the Urban Area Working Group. The Urban Area Working Group will be responsible for coordinating development and implementation of all program elements, including the urban area assessment, strategy development, and any direct services that are delivered by the grant. F. Urban Area: An urban area is limited to inclusion of jurisdictions contiguous to the core city and county/counties, or with which the core city or county/counties have established formal mutual aid agreements. IV. SPONSORING AGENCY SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the City of Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Coordinating with named counties and cities, with the respective State Administrative Agency, and with the FDEM and USDHS. C. Conducting a comprehensive Urban Area Assessment, which will in turn guide the development of an Urban Area Homeland Security Strategy. D. Ensuring the participation of the following critical players in the assessment and strategy development process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health. E. Developing a comprehensive Urban Area Homeland Security Strategy and submit to the SM POC. F. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1 of MOA". G. Ensuring satisfactory progress toward the goals or objectives stipulated in"Exhibit#1 of MOA". 3 H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit #1 of MOA". I. Submitting required reports. V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR: A. Providing an administrative department, which shall be the main liaison and partner with the City of Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the Sponsoring Agency. B. Participating Agencies and any sub-grantees must abide by the grant requirements including budget authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of assets as stipulated in the UASI Grant Program 2016 Agreement. C. Submitting monthly budget detail worksheets to the City of Miami on the progress of direct purchases of equipment or services as stipulated in"Exhibit#1 of MOA". D. Complying with all UASI Grant Program 2016 requirements as stipulated in"Exhibit#1 of MOA". E. Participating as a member of the Urban Area Working Group to include coordinating with and assisting the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide development of an Urban Area Homeland Security Strategy. F. Ensuring the participation of the following critical players in the assessment and strategy development process: law enforcement, emergency medical services, emergency management, the fire service, hazardous materials, public works, governmental administrative, public safety communications, healthcare and public health. G. Assisting the sponsoring agency in development of a comprehensive Urban Area Homeland Security Strategy. H. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1 of MOA". I. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit#1 of MOA". J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in "Exhibit #1 of MOA". 4 K. Inventory of the equipment obtained from the UASI Grant Program 2016, as identified in"Exhibit#2 of MOA", shall be maintained and be made available for onsite monitoring upon request by the Sponsoring Agency, DEM, and/or DHS by trained personnel on such equipment. L. If the Participating Agency is incapable of staffing or maintaining the equipment obtained from the UASI Grant Program 2016, as identified in "Exhibit#2 of MOA", the Participating Agency shall notify the Sponsoring Agency and such equipment may be made available or transferred to another Participating Agency ONLY with the Sponsoring Agency's approval in writing. M. All equipment obtained from the UASI Grant Program 2016, as identified in "Exhibit #2 of MOA", is the sole responsibility of the receiving agency. This includes, where applicable, maintenance, replacement, training on equipment, certifications, licenses, insuring of equipment and personnel, and compliance with intra-agency auditing requirements. VI.THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE: A. That funding acquired and identified for the Urban Area Security Initiative will be administered solely by the Sponsoring Agency. B. The Participating Agencies will provide financial and performance reports to the sponsoring agency in a timely fashion.The Sponsoring Agency will prepare consolidated reports for submission to the State of Florida as stipulated in"Exhibit#1 of MOA". C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or time related issues of the Participating Agency personnel. D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28, Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a municipality, state agency or subdivision of the State of Florida to be sued by third parties in any manner arising out of this Agreement or any other contract. E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same for reimbursement to the Sponsoring Agency. 5 VII. FINANCIAL AGREEMENTS A. Financial and Compliance Audit Report: Recipients that expend $300,000 or more of Federal funds during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and 2 CFR 200. B. The Secretary of Homeland Security and the Comptroller General of the United States shall have access to any books, documents, and records of recipients of UASI Grant Program 2016 assistance for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland Security or the Comptroller General, these documents are related to the receipt or use of such assistance.The grantee will also give the sponsoring agency or the Comptroller General,through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. C. Financial Status Reports are due within 7 days after the end of each calendar quarter. A report must be submitted for every quarter that the award is active, including partial calendar quarters, as well as for periods where no grant activity occurs as stipulated in "Exhibit 1 of MOA". D. Submit progress reports to describe progress to date in implementing the grant and its impact on homeland security in the state. E. All financial commitments herein are made subject to the availability of funds and the continued mutual agreements of the parties as identified in "Exhibit 2 of MOA". VIII. CONDITIONS, AMENDMENTS, AND TERMINATION A. The Participating Agency will not illegally discriminate against any employee or applicant for employment on the grounds of race, color, religion, sex, age, or national origin in fulfilling any and all obligations under this Agreement. B. Any provision of this Agreement later found to be in conflict with Federal law or regulation, or invalidated by a court of competent jurisdiction, shall be considered inoperable and/or superseded by that law or regulation. Any provision found inoperable is severable from this Agreement, and the remainder of the Agreement shall remain in full force and effect. C. This Agreement may be terminated by either party on thirty(30) days written notice to the other party at the address furnished by the parties to one another to receive notices under this agreement or if no address is specified, to the address of the parties' signatory executing this contract. 6 D. This Agreement shall be considered the full and complete agreement between the undersigned parties, and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except for any executory obligations that have not been fulfilled. E. This Agreement will end on June 30, 2018, unless otherwise extended, by a written amendment duly approved and executed prior to June 30, 2018, unless otherwise extended, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's ability to conform to procedures, training and equipment standards as prescribed by the grant. SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: BY: BY: Todd B. Hannon Daniel J.Alfonso City Clerk City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANG CORRECTNESS: REQUIREMENTS: BY: BY / Victoria Mendez V Ann-Marie Sharpe, Director 7 D. This Agreement shall be considered the full and complete agreement between the undersigned parties, and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except for any executory obligations that have not been fulfilled. E. This Agreement will end on June 30, 2018, unless otherwise extended, by a written amendment duly approved and executed prior to June 30, 2018, unless otherwise extended, at which time the parties may agree to renew the association. Renewal will be based on evaluation of the Sponsoring Agency's ability to conform to procedures, training and equipment standards as prescribed by the grant. SPONSORING AGENCY THE CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: BY: BY: Todd B. Hannon Daniel J.Alfonso City Clerk City Manager APPROVED AS TO INSURANCE APPROVED AS TO FORM AND /CORRECTNESS: REQUIREMENTS:` J, BY: ,/ �f Victoria Mendez Ann-Marie Si arpe, Director 7 City Attorney Department of Risk Management PARTICIPATING AGENCY "City of Miami Beach" ATTEST: -4741 111 BY: t LAMP Name: NAME: s , 2o \-1 Title: 'fr BE- 4 44 ........ 4 . .. C .t...INCORP I GRATED.;(07‘ ...... #: 6c, _ CD 000a -2_ DUNS: O2-- QS - G2S9 APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney (LAC 8 City Attorney Department of Risk Management PARTICIPATING AGENCY "City of Miami Beach" ATTEST: Vii'', ��, BY: . r.�. Name: 1111 NAME: J �+rcn� L \q, z, ............ Title: �/ \fr tier CORP ORATE; ' H 25 � #: 59 — c0003-4-2 DUNS: 02. —p514 - 6)289 APPROVED AS TO FORM AND CORRECTNESS: i9S- Participating Agency Attorney t 8 City of Miami City Hall c,„'rr, if;; 3500 Pan American Drive '- Legislation Miami,FL 33133 »te .�„» www.miamigov.com ~" Resolution R-16-0522 File Number: 1110 Final Action Date: 10/27/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION,WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "URBAN AREA SECURITY INITIATIVE ('UASI') GRANT PROGRAM FISCAL YEAR 2016", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $5,158,500.00, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY("USDHS"), DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("FDEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE FEDERALLY-FUNDED SUBGRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM (FISCAL YEAR 2016) AS NECESSARY AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS OR EXTENSIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH ITS CONTIGUOUS PARTNERS SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE-RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. WHEREAS, the United States Department of Homeland Security ("USDHS") is authorized by the Emergency Wartime Supplemental Appropriations Act 2003, to provide funds to States for subsequent distribution to selected urban areas to address the unique equipment, training, planning, exercise and operational needs for large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the USDHS, through the State of Florida Division of Emergency Management("FDEM"), has sub-granted an Urban Area Security Initiative ("UASI") Grant Program Fiscal Year("FY") 2016 to the City of Miami ("City") in the amount of$5,158,500.00; and WHEREAS, the City's Department of Fire-Rescue will use said funds to continue to address the unique equipment, training, planning, exercise and operational needs of the City and its contiguous partners and to continue building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and City of Miami Page 1 of 3 File ID: 1110 (Revision:)Printed On:4/4/2017 File ID: 1110 Enactment Number:R-16-0522 WHEREAS, in accordance with the UASI Grant Program FY 2016, the attached Memoranda of Agreements ("MOAs")with the City's contiguous partners, Broward County, Broward County Sheriffs Office, the City of Coral Gables, the City of Coral Springs, the City of Fort Lauderdale, the City of Hialeah, the City of Hollywood, the City of Miami Beach, the City of Miami Gardens, the City of Miramar, the City of Pembroke Pines, the City of Sunrise, Miami- Dade County, Monroe County, Palm Beach County, Palm Beach County Sheriffs Office, and the Village of Key Biscayne, will provide the necessary guidelines to coordinate the UASI Grant Program FY 2016 and will permit the City to reimburse its partners for their eligible expenditures that are compliant with said Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The following new Special Revenue Fund is established and resources are appropriated as described below: FUND TITLE: Urban Area Security Initiative (UASI) Grant Program Fiscal Year 2016 RESOUCES: Department of Homeland Security (DHS) $5,158,500.00 directly to the State Of Florida Division of Emergency Management(FDEM) APPROPRIATIONS: $5,158,500.00 Section 3. The City Manager is authorized' to accept said grant award and to execute the federally-funded subgrant agreement, in substantially the attached form, and any necessary documents, in a form acceptable to the City Attorney, in order to implement the acceptance of said grant award. Section 4. The City Manager is further authorized' to extend said UASI Grant Program FY 2016 grant awards as necessary and to execute any other related modifications, amendments or extensions, in a form acceptable to the City Attorney, on all matters except those dealing with funding changes, in connection with the development and support of the UASI projects administered by the City's Department of Fire-Rescue, as an UASI Sponsoring Agency, contingent upon the funding of the UASI projects being secured in the form of grants from the Federal Department through the FDEM. Section 5. The City Manager is authorized' to execute MOAs, in substantially attached form(s), with its contiguous partners, Broward County, Broward County Sheriffs Office, the City of Coral Gables, the City of Coral Springs, the City of Fort Lauderdale, the City of Hialeah, the City of Hollywood, the City of Miami Beach, the City of Miami Gardens, the City of Miramar, the City of Pembroke Pines, the City of Sunrise, Miami-Dade County, Monroe County, Palm Beach County, Palm Beach County Sheriffs Office, and the Village of Key Biscayne, for the purpose of setting forth the parties' responsibilities in connection with the development and support of the 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. City of Miami Page 2 of 3 File ID:1110 (Revision:)Printed on:4/4/2017 File ID: 1110 Enactment Number:R-16-0522 UASI Grant Program FY 2016 administered by the City's Department of Fire-Rescue, an UASI sponsoring agency, contingent upon funding of said project being secured. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: .ria '=ndez,City 'ttorney 10/18/2016 2 If the mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID:1110 (Revision:)Printed on:4/4/2017 Exhibit 1 of MOA Contract Number: 17-DS-V9-11-23-02- "Exhibit#1 of Memorandum of Agreement(MOA)" FEDERALLY-FUNDED SUB-AWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a"sub-award 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 sub-award 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 sub-award 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,"sub-award" 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 foilowing information is proviced pursuant to 2 C.F.R. §200.331(a)(1): Cite of Miami • Sub-Recipient's name: Sub-Recipient's unique entity identifier: 072220791 Federal Award Identification Number(FAIN): E P!'W-2016-S S-00092-S01 09/0112016 Federal Award Date: Sub-award Period of Performance Start and End Date: Date of Execution—12i31l2018 Amount of Federal Funds Obligated by this Agreement: 55,158.500.00 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: S12,127,499.99 Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: 55.158.500.00 Federal award project description (see FFATA): See Article 1,Agreement Articles: E MW-2016-SS-00092-801 Name of Federal awarding agency: Dept.of Homeland Security Name of pass-through entity: FL. Div.of Emergency Management Contact information for the pass-through entity: 2555 Shumard Oak Boulevard Tallahassee, Florida 32311 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.067 Homeland Security Program Whether the award is R&D: NO(N/A) Indirect cost rate for the Federal award: 26.21% 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, (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 sub-award. RED INTO BASED ON THE FOLLOWING REPRESENTATIONS: THIS AGREEMENT IS ENTERED A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200 302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971,Florida Statutes,_entitled"Agreements funded with federal or state___ --- assistance", applies to this Agreement. (2) LAWS. RULES. REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part ntitled"Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal 200, e., Awards." b. As required by Section 215.971(1), Florida Statutes,this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division beforenl payment.minimum level of Each servdeliverable ice to be perform directly related to the scope of work and specify the required n 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 C. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall eerie as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Sub-Recipient performance; and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. • b. The Division's Grant Manager for this Agreement is: Michael J. Day 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone (850) 488-3133 Fax: (850) 922-8689 Email: MichaeI.Dayna,em.myflorida.com c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Chief Pete Gomez 444 SW 2"d Avenue. 10th Fir Miami. FL 33130 Telephone: 305-416-5402 Fax: 305-569-4070 Email: pcomezmiamioov.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. 3 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXEC 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. (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A and B of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end on December 31, 2018, 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 AgreAonlyfor"allowable costs incurred during the .,men� Florida Statutes, the Sub-Recipient period of performance." In accordance witn section 215.971(1)(d), may expend funds authorized by this Agreement"only for allowable costs resulting from obligations • incurred during" the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub-Recipient onl for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and B of thAs greement reement et and 500 00 Scope of Work"). The maximum reimbursement amount for the entirety of this is $5 d. As required by 2 C.F.R. §200.415(a), any request for payment under this.gree ment must include a certification, si ned b an official who is authorized to le•all bind the Sub Rec , which reads as follows: "By signing this report, I certify to the best of my knowledge ed cash and belief thatse the the report is true, complete, and accurate, and the expenditures, disbursements purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any 4 false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachments A and B, 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. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R.§200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub-Recipient `relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—persona services")and 2 C.F.R. §2_00.431 ('Compensation—fringe benefits")_If the Sub-Recipient seeks__ reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness,failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries anc 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 establ'shed 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. 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. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher, If the Sub- 5 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. i. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. j. As defined by 2 C.F.R. §200.53, the term 'improper payment" means or includes: 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-.pay_ment 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. (10)RFC�RDS 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 net limited to the required retention period but lasts as long as te records are the Dig cion, the Chief inspector General of b. As required by 2 C.F.R. §200.331(a)(5), the State of Florida, the Florida Auditor General, or any of their authorized representatives, e rrees thei es shall ennjot the right of access to any documents, financial statements, papers, or other re 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 6 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 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 t'r_�e_program_income is earned___ vi. indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans; and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept a er versions of Agreement information to and from the Sub-Recipient upon request. If paper copies paper submitted, then the Division must not require more than an original and two (2) 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. 7 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 Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open tothe public, and the_mliiinutes of all the meetings shall bepublicrecords, available tothe ____ publc in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency(or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work-Attachment A and B - and all other applicable laws and regulations. 8 (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 Accountings perf andards Board r( AStBi'Agreement, c. When conducting an audit of the Sub-Recipient' As defined by 2 • the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government rnt auditing standards issued by the Comptroller General of the United States, which are app 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 reimbursa�m Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non- compliance._ — — ---- e. The Sub-Recipient shall have all audits completed by an independent auditor,which is defined in section 215.97(2)('h), Florida Statutes, as"an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: D`=MSin 'le Audit• em.m .lorida.com DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: htto://harvester.census.aov!facicollect/ddeindex.html h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: 9 DEMSindle Audit c(A,em.mYflorida.com DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and ail 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 pand copies are not sent to the firstoccurs__ (60) days after completion o_the activities�_ � a ,ivi:ies contained in this Agreement,whichever Division or are not completed in a d. If all required reports p manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Wok. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. (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 Attachment13 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 prosedeemed hThe Sabo eci lent the te by agrees to comply and cooperate with any monitoring procedures/processes 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 10 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 performancetimely and financial on of al',tasks. management by the Sub-Recipient throughout the contract term to ensure (14)LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out , 768.28(19), Florida Statutes, Sub-Recipient shall the terms of this Agreement; as authorized by section hold the Division harmless against all claims of whatever nature by third parties arising from the work performance urder 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 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"), ail 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(30) 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, of its obligations d. If the Sub-Recipient has failed to perform and complete on time any 9 under this Agreement. 11 (16)RES. calendar days If an Event of Default occurs, then the Division shall, after thirty(30) written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty(30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty(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: Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, . serious �a;ures mei_be taken i. issue awritten warring o advise that more mesure may b if the situation is no: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)TER.AINATION. a. The Division may terminate this Agreement for cause after thirty(30)dayswritten 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\,e'hen it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the 12 further expenditure of funds, by providing the Sub-Recipient with thirty(30)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 Agreem 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 outtstandinbg obligations ati pient shosll iibl . e Costs incurred after receipt of the termination notice will be disallo e p e relieved of lia'bi'ity to the Division because of any breach of Agreementthe Sub-Recipient Su pRe iPieforthe Threose of Division may, to the extent authorized by law, withhold payments set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. • (18)PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by applicable federal and state laws and reguations, to include 2 C.F.R. the Agreement compiles with all app. 200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled"Contract Provisions for Non-Federal Entity_Contracts_Under_Federal_Awards').— —_-- lent shall "maintain records b. As required by 2 C.F.R. §200.318(b), the Sub-Recipient sufficient to detail the history cf procurement. These records will include, but are RR tce necea sactor arily limie it od to the following: rationale for the method of procurement, selection of contra. y. or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(i), the Sub-Recipient shall"maintain oversight to of ensure that contractors perform in accordance with the terms, conditions, , and requirement,specifications t eir contracts or purchase orders." In order to demonstrate compliance w Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall . rd to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen forward (15) days prior to the publication or communication of the solicitation. The Division ishall dayewhe Consistent solicitation and provide comments, if any, to the Sub-Recipient o solicitation for compliance with the procurement C.F.R. 00.324,the Division will review thetoC.F.R.Part procurement Cr with 2 § wellAppendix II 2 200. standards outlined in 2 C.F.R. §200.318 through 200.326 as as 2 that of the Sub Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a 13 competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies the Sub-Recipient publishes quicklya as possible within the three (3) business day window outlined above. competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph 17 above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200,320(a)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the S ut on.eThe Dtivihiall s'nal', forward to the Division a copy of any contemplated contract prior to contract axe • tents if an to the Sub-Recipient_vithinthree(3)_____ review the unexecuted contract and provide comms y:-- business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §200.318 through 200,326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), tn Division will lrnot substtitute its es not the e judgment for that of the Sub-Recipient. While thev Sub-Recipient iallonw tdhoe Division to identify deficiencies in the Division in order to execute a subcontract, o P terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. Tne Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible after receiving hinehe g a three c (3)mu sines n day window outlined above. If the Sub-Recipient executes a subcontract from the Division that the subcontract is non-compliant, then the Division may: • i. Terminate this Agreement in accordance with the provisions outlined in paragraph 17 above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. f. The Sub-Recipient agrees to include in the subcontract that(i) the statesubdcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by pP ie se n al laws and regulations, and (iii)the subcontractor shall hold the Division and Sub-Recipient harmless 14 against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R.§200.318(c)(1), the Sub-Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition." Accordingly, the Sub-Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding: iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts: v. Authorize, condone, or ignore organizational conflicts of interest; vi,____Specify_only_abrand_name_pr_oduct without_allowing vendors_to_offer_an__-- • equivalent; Vii. Specfy a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viil. Engage in any arbitrary action during the procurement process; or, • ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "Except in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(b). shall not use a geographic preference when procuring commodities or services under this Agreement. j The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. k. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R. §200.321 15 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19)ATTACHti1ENTS a. All attachments to this Agreement are incorporated as if set out fully. e of this b. In the event of any inconsistencies or conflict between but orgly to the extent of Agreement and the attachments, the language of the attachments shall control • 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–Mandatory Contract Provisions xi. Attachment J – Reimbursement Checklist xii. Attachment K– EHP Guidelines xiii. Attachment L–Monitoring Guidelines (20)PAYNT S + 200.305 and, as a. Any advance payment under this Agreement is subject to 2 C.F.R. § in an applterest- icable, section 216,181(16), Florida Statues. All advances are required tof be the request equest is based and get data on bearing account. If an advance payment i requested, qs Ag?eemenbatl Attachment E. Attachment E will specify a justification statement shall be included y men.needed and provide an explanation of the necessity for arid proposed the amount of advance payment CI use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall inciudth the sixty(60) documentation for all costs of the project or services. The final invoice shall be submitted withinrobin x e days after the expiration date of the agreement. An explanation of anycircumstances prohibiting submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub- Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement. 16 c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b, of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)REPYMENTS 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's 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. ONDITIONS — — (22)^�1ANDATcD — — — a. The veid ty of this Agreement is subject to the truth and accuracy of all the information, representat..ans, 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(30) days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement 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. with the Americans With Disabilities Act(Public d. The Sub-Recipient agrees to comply Law 101-336, 42 U,S.C. Section 12101 et se .), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. 17 e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminator`/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 thirty-six (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 nota 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(5) 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 er contract under.pu'olic-tra .sacten;_violation.of_federal or_state antitrust.statutes or_commtason 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 (5) year period preceding this Agreement had one or more public transactions (federal, state or local)terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition, the Sub-Recipient shall send to the Division (by email or by facsimile transmission)the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G)for each intended subcontractor which Sub- Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract with any subcontractor, i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- ' Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. 18 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 Nationality Act employment provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e)of the Immigration and('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. eyes which are I. Al! unmanufactured and manufactured articles, materials and sup, acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 1 Ca, unless it would not be in the public interest or unreasonable in co (23)LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. o. Section216,3 47, Florida S_tetutes, prohioits.`any dissburs_ement of gran sandaids____--- appropria4,ons pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." Agreement maybe c. No funds or other resources received from Divisionunder is Legislature or used directly or indirectly to influence legislation or any other orfic al action by theFl • any state agency. d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. .No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement,loan drthe extension, continuation, renewal, amendment or modification of any Federal contract, grant, 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 19 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 inth award documents for all sub-awards(including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that ail Sub-Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was tion is a placed when this transaction was made or entered into. Submission of this 3certif i aCode Apy r eruonte for making or entering into this transaction imposed by Section 1352,Tit 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)OOPYRIGIPATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENTAGREEMENTIGHTS ARE HU E PERFORMANCE OF THIS REBY RESERVED TO THE STATE OF FLORIDA; UNDER OR IN CONNECTION WITH THDA• AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has_a pre-existing_patent or copyright, the Sub_Recip entshaij r�ement provides retain all rights and. ertit.er r Q�ns to that pre-ex��sting patentor copyright unless the g, otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services pe.wormed 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 Statel of the Florida drmanwill ce of tpatent is protection in its name. Any patent rights accruing under or in connection w p Agreement are reserved to the State of Florida. If any books, manuals,films, orother copyrightabor in material are produced, the Sub-Recipient shall notify the Division. Any copyrights 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 to disclose will es entitlements to any pre-existing intellectual property which is disclosed. Failure the right to all indicate that no such property exists. The Division shall then, under Paragraph (b), have and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is 20 inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions, The Division shall retain a perpetual, irrevocable,fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement,for Florida government purposes. (25)LEGAL AUTHORIZATION. The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that itwill incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with fund's obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal_ opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising: layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 21 iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. • iv, The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. v. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, thereto, regulations, and orders of the Secretary of Labor, cr pursuant and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to-ascertain-compliance with such rules;regulations,and orders. vi. in the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled terminated,s ed or suspended in whole or in part and the contractor may ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs (1)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the SecretaryLabor24 51965ued p soo that ursuant to section 204 of Executive Order 11246 of September such provisions will be binding upon each subcontractor or vendor. The 22 contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction • work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of La or, that it furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it well otherwise assist • the administering agency in the discharge of the agency's primary responsibility for securing compliance. C. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: 23 i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS ----- f the Sub-Recipient, with the funds authorized b b7 this Agreement, enters into a cone.such contract ract that exceeds 5100,000 and involves the empioyment of mechanics or laborers, then any must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required f 40 to compute the wages of every mechanic and laborer on the basisstandard work s compensated a`�a Work in excess of the standard work week is permissibl.,Qprovided that theorer rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). 24 (30)SUS?ENSION AND DEBARMENT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor,did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. • iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. • (31)BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with 25 obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES. WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; - iii. • Dividing total requirements, when economically feasible, into smaller-tasks or quantities to permit maximum participation bysmall and minority businesses,_and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a)through (e)of this section. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into 26 smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33)ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 27 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT: CITY OF MIAMI By: By. J.i / �� Name and Title: Daniel J. Alfonso, City Manager Date: 1 �X FID# 59-6000375 DUNS# 072220791 Include a copy of the desicnation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT r� °f By: Name and Title: Jonathan Lord, Deputy Director Date: ' 28 SPONSORING AGENCY: ATTEST: THE CITY OF MIAMI, a municipal Corporation of the State of Florida CM ,,, /.\.____.—-...---- -----t."--- . / /i Toed B. Hannon Date Daniel J. Alf. if jJ.11• City Clerk t l I ti-3' City Manager APPROVED AS TO FORM AND APPROVED AS T URANCE CORRECTNESS: REQUIREMENTS',/ z/r c / Vi ,poria Mendez -46.- ' Ann-Mari- Shar e, Director Cit Attorney, Jbepartm -nt of isk Management 29 EXHIBIT–1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: NOTE.: If the resources awarded to the Sub-Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Federal agency U.S. Department of Homeland Security, Federal Emergency Management Catalog of Federal Domestic Assistance title and number: 97.067 Award amount: $5,158,500.00 - THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES-- - AWARDED UNDER THIS AGREEMENT: _—__ ------- — NOTE: If the resources awarded to the Sub-Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement: Sub-recipient is to use funding to perform eligible activities as identified FY2016 Department of Homeland Security Notice of Funding Opportunity. • 2. Second applicable compliance requirement: 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. 3. Third applicable requirement:Sub-Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. NOTE:2 C.F.R.Part 200,and Section 215.97(5)(3),Florida Statutes,require that the information about Federal Programs and State Projects included'n Exhibit 1 be provided to the Sub-recipient. 30 ATTACHMENT A PROPOSED PROGRAM BUDGET Below is a general budget which outlines eligible categories and their r"allocation unfdemr i completing s award. The Sub-recipient is to utilize the Proposed Program the "Budget Detail Worksheet" below. The Equipment category will require Authorized Equipment List (AEL) reference undermnumber. The approved equipment types Authorized Equipment List(AEL) is a list of prepat redness grant programs. The intended audience of The I of consisemergency s n21c managersagent firs responders, and other homeland security professlona s. ate categories divided into sub-categories, tertiary categories, and then individual equipment items. c g The AEL can be found at htt //beta•femagov/authorized-e ui gent-lis costs At the discretion of the Sub-recipient, funBudget") udallocated y be put towards Programmatic Management and costs on (as described in the Proposed Program 9 ) instead. However, no more than 5% of each Sub-recipient's total award may be expended Management and Administration costs. The transfer of funds between the categories listed in the "proposed strictly Program tBudget" is permitted. However, the transfer of funds betweenIssues a�tlo' sated ategoryfi`ssue �! Award Allocation—Issue 41 $5,430,000 FY 2016-State Homeland Miami/Fort Lauderdale UASI State Management&Administration $271,500 withheld 5% Security Grant Program— $5,158,500 Urban Area Security Initiative Expendable Award Allocation after 5% reduction LETP-Type Activities(25%of award $1 289,625 allocation)This amount is not in addition to the remaining award amount but instead signifies the amount needed to meet the 25% re•uirement. Management and Administration $257 925 (the dollar amount which corresponds to 5%of the total local agency allocation is shown in the column on the n•ht u W � �1 w � - VW A '. ,„. �.,* a •7�� 4:41-"T�-Ss" y' " -. s ., ,—.y,r.c.., Waittir BUDGET DETAIL WORKSHEET 31 The Sub-recipient is required odescr bed coin mpleted the"Proposed Proposedbudget Progaalm Budget".worksheet, to the Division,which accounts for the total award as 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. � ,... .. ,. _. . Developing hazard/threat-specific annexes that incorporate the range of prevention,protection,response,and recovery activities Broward County Cyber Incident Response Annex,Line item 1 $65,870.84 $65,870.84 2016-01 Developing and implementing homeland security support programs and adopting ongoing DHS national initiatives Miami Dade Whole Community Planning Workshop; Line 1 $74,045.45 $74,045.45 item 2016-49 Developing related terrorism and other catastrophic event prevention activities Developing and enhancing plans and protocols Miami Dade Unmet Needs Plan Development. This is a primarily a planning project to leverage whole community partners to document their capabilities and capacity to $24,681 82 $24,681.82 prepare for, respond to,and recover from an incident.This 1 plan will identify social services resource to improve the resiliency of the county and its 34 municipalities; Line item 2016-47 Miami Dade Volunteer Reception Center Plan Development. The plan will produce a coordinated system for matching $54,300.00 $54,300.00 the skills and abilities of County employees,volunteer 1 organizations, and spontaneous unaffiliated volunteers to assist the community during an emergency or disaster; Line item 2016-48 Developing or conducting assessments Miami Dade Conduct a geospatial hazard impact modeling utilizing HAZUS-MH Level 3 analysis,third party proprietary hazard modeling tools,and quantitative geospatial analysis 1 $102,239.99 $102,239.99 to estimate the losses to natural and human-induced hazard events in Miami-Dade County; Line item 2016-45 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) Broward County Whole Community Planning: Integration 1 $65,870.84 $65,870.84 of Volunteer&Faith Based Organizations, Line item 2016- 02 32 $30,442.55 Broward Sheriffs Office CEMP/COOP/COG,Line item 2016- $30,442.55 $54,300.00 03 WM $54,300.00 Hialeah License Plate Reader Analyst,Line item 2016-19 111111111111111=11= Hialeah EOC Planner,Line item 2016-20 This Miami Emergency Management Planner(12 months). $49,363.64 $49,363.64 position will assist with the developmenUrevision of citywide emergency management plans such as the CEMP, COG and COOP; Line item 2016-32 This Miami Emergency Management Planner(12 mon hs)lities $64,172.73 $64,172.73 position will assist with general planning related to the implementation of the UASI grant program; Line item 2016-33 This $44,427.27 Miami Equipment Inventory Planner(12 months). 44,427.27 position will be responsible for resource of the EHP process; Line item tracking and planning portion 2016-34 Miami Regional Program Manager. This position assists the Miami and Ft.Lauderdale with regional planning needs $88 854.55 $88,854.55 e.g.drafting of investment justifications,coordinaon of UAWG meetings,development of annual budgets,etc.); Line item 2016-62 Miami Regional Planning,Training and Exercises Coordinator-this position includes the responsibilities of $75,032.73 $75,032.73 ensuring compliance with training courses as well as the coordination of necessary regional exercises; Line item 2016-63 $29,618.18 $29,618.18 Palm Beach Sheriffs Office Regional Metadata Planner, _ Line item 2016-65 Materials required to conduct planning activities Travel per diem related to planning activities 111111111111111M11111111 Miami Dade Planning,Training and Exercises: UASI 1110161111.1.11111. 1111111111Homeland Securit Conference; Line item 2016-44 111111111111 MN IIIIIIIII Overtime and backfill costs(in accordance with operational Cost Guidance111111111111111111111.mmirilli Issuance of WHTI-compliant Tribal identification cards 1111111111111 111111111 IIIIIIIIIINNIIIIIIIIIIII Activities to achieve planning inclusive of people with disabilities and others with access and functional needs 1111111111111111111111111111111 Coordinwith Corps Councils p -- informationleationducationCitizen and development offor volunteublicers MN NM 111111111111111111111111111111 Update governance structures and process and plans for emergency communications11111111111111111111111111 Activities to achieve planning inclusive of people with limited English •roficienc 33 TOTAL PLANNING EXPENDITURES $871,160.58 w n� fls ,-: Iowa. � �� � .y Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training Training Workshops and Conferences Miami Planning,Training and Exercise. This project will support multi-disciplinary projects for the City of Miami under the leadership of MEM. Project scope will involve a 1 $119,531.08 $119,531.08 full scale exercise, revision of planning documents such as the CEMP/COOP/COG and trainings that benefit terrorism- related emergency management trainings.Trainings will include ICS,Hazmat 160 and any other specialized courses needed due to staff attrition; Line item 2016-29 Regional Planning,Training and Exercise,Line item 2016- 1 $70,880.02 $70,880.02 69 Miami Dade Tactical Life Saver Course DHS-13-29430; Line 1 $17,557.66 $17,557.66 item 2016-71 Activities to achieve training inclusive of people with disabilities and others with access and functional needs Full or Part-Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s)(e.g.,copying paper, gloves,tape,non-sterile masks,and disposable protective equipment). Instructor certification/re-certification 34 illIllIllIllIllIllIllIllIllIllIllIllIlMIIIIIIIIINIIIIII IIIIIIIIIIIIIIIIIIIMINNIII Coordination with Citizen Corps Councils in conducting training Interoperable communications training 111111111111111111111111111111111111 MN IIINIMIIIIIIMIIIIIIII Activities to achieve training inclusive of people with limited English NM IIIIIIIIIIIIIIIIIMIIIIIII .roficienc TOTAL TRAINING EXPENDITURES ,._ $207,968. 76 garl ba ---...-G •I:94 leio _ L Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred(up to 50 percent of the allocation) Miami Operational OT for Special Events approved by $28,109.63 $28,109.63 FEMA, Line item 2016-30 Overtime for information,investigative,and intelligence sharing activities (up to 50 percent of the allocation) Hiring of new staff positions/contractors/consultants for participation inMI information/intelligence analysis and sharing groups or fusion center activities(up to 50 percent of the allocation) Palm Beach Sheriffs Office Regional Fusion Analysts; Line11111 $236,645.45 $236,945.45 item 2016-64 TOTAL ORGANIZATIONAL EXPENDITURES $265,055.08 �g q 4' , 1,,:AW3ep Design,Develop,Conduct and Evaluate an Exercise Miami Dade Disaster Housing Table Top Exercise; Line item 2016-46 Exercise Planning Workshop—Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning,meeting spc travele and ther d exerciseg p ostsn eae iliitationpmontcosts, materials and supplies, 35 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 theepapprovalies the of the state or local unit(s)of government and have the eThe services of state or the awarding agency,whichever is applicable.ort the desi , contractors/consultants may also be procured to supp development,conduct and evaluation of CBRNE exercises.The applicants 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 MI MI Implementation of HSEEP IIIIIIINIIII Activities to achieve exercises inclusive of people with disabilities and others with access and functional needs 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 oovlFinGuide. Supplies—Supplies are items that are expended or consumed during the course pap ,pergloves,the planning and conduct of the tape,non-sterile masks,and project(s)ercise (e g Pand di posablecopying protective equipment). Interoperable communications exercises IIIIIIIIIIIIIIIII $34,554.55 TOTAL EXERCISE EXPENDITURES 36 Eligible Equipment Acquisition Costs The table below highlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment Unit Cost Total Cost categories,and specific equipment eligible under each category,are Quantity listed on the web-based version of the Authorized Equipment List(AEL) at http://beta fema qov/authorized-equipment-lis . Personal protective equipment = -, ._ Broward Sheriff's Office Mass Casualty Incident Protection 1 $18,027.60 $18,027.60 for Fire Rescue—Ballistic Helmets,AEL#01 LE-01-HLMT, Line item 2016-05 Broward Sheriffs Office Mass Casualty Incident Protection 1 $31,494.00 $31,494.00 for Fire Rescue—Ballistic Vests,AEL#01 LE-01-ARMR, Line item 2016-06 Palm Beach Sheriffs Office SWAT CBRNE Gas Mask and 1 $30,259.91 $30,259.91 Amplifier; AEL#01AR-06-REUS and 030E-01-CTAC; Line item 2016-57 Explosive device mitigation and remediation equipment Broward Sheriffs Office Explosive Ordinance Device Team 1 $36,529.09 $36,529.09 Portable X-Ray Unit,AEL#02EX-01-XRAP,Line item 2016- 07 Miami Dade EOD 9A Bomb Suits(Med Eng);AEL#02PE-01- 2 $29,618.18 $59,236.36 BSUT; Line item 2016-37 CBRNE operational search and rescue equipment Coral Gables Mobile Message Boards to Relay Emergency 4 $9,502.50 $38,010.00 Messa.es;AEL#030E-03-SIGN; Line item 2016-10 18,892.17 $18,992.17 Coral Springs Police(211)Tactical Trauma Kits and(10) 1 Refills;AEL#030E-03-KTFA; Line item 2016-11 Coral Springs Police Night Vision for SWAT to include: helmet mounted binocular night vision,binocular and helmet mounts, Integrated Mount Univ. Night Sight(IMUNS), 1 $73,799.88 $73,799.88 Clip on thermal imager w/eyepiece,batteries,case, special lighting and aiming laser;AEL#030E-02-TILA and 04MD-01- LAMP,Line item 2016-12 Coral Springs Police Mobile Message Boards to Relay 1 $26,237.76 $26,237.76 Emergency Messages,AEL#030E-03-SIGN, Line item 2016- 131 $118,663.27 $118,663.27 Miami Gardens Portable Elevated Surveillance Platform; AEL#030E-07-ROVL; Line item 2016-36 Miami Dade Tactical Interoperable Communications 1 $38 490.91 $39,490.91 Headset for SWAT; AEL#030E-01-CTAC and 06CP-03- PRAC; Line item 2016-41 2 $8,237.91 $18,475.82 Miramar Thermal Imaging Camera;AEL#030E-02-TILA; Line item 2016-50 2 $29,618.18 $59,236.36 Miramar eHydraulic Extrication Tools;AEL#03SR-02-TPHY; Line item 2016-52 961.82 $5,923.64 Palm Beach Sheriffs Office Bomb Squad EOD Detection 2 $2 Kits/Multi-Meters;AEL#030E-04-MMTR; Line item 2016-58 992 81 $70,992.81 Pembroke Pines Portable Elevated Surveillance Platform; 1 $70 AEL#030E-07-ROVL; Line item 2016-60 Sunrise SWAT Robot Accessories and Upgrades to include 1 $12,713.11 $12,713.11 claw attachment kit,quick release FLIR attachment and hardshell transit case; AEL#030E-07-UPGD; Line item 2016-74 37 Sunrise Portable Elevated Surveillance Platform;AEL $71,083.64 $71,083.64 #030E-07-ROVL; Line item 2016-76 1111111111 mom Information technology:- >= . Broward Sheriffs Office DRT Digital Cameraini tSystem will include:Digital Controller and Monitor, igh Resolution Camera,Camera Cable with 1000' breaking $14,809.09 $14,809.09 strength,300' of coax cable,48VDC LED Light and Helios Video Enhancement Module,AEL#04MD-01-UCAM, Line item 2016-04 Ft. Lauderdale Police SWAT Enhancement-Electronic 549.39 $32,549.39 Equipment to include tactical communications device, $32 video camera and wireless transmission device;AEL #04MD-01-VCAM,030E-01-CTAC and 04SN-01-XMIT; Line item 2016-16 Miramar Incident Command System Software;AEL#04AP- $15,796.36 $15,796.36 05-CDSS,04AP-01-CADS; Line item 2016-53 Miami Regional Incident command software system needed for regional info sharing during emergency operations as $123,409.09 $123,409.09 well as non-emergency situations to provide a platform for day-to-day regional info sharing and updates;AEL#04AP- 05-CDSS,04AP-03-GISS, 04SW-04-NETW; Line item 2016-67 Cyber Security Enhancement Equipment Hollywood Cybersecurity system to gather,analyze, and present information from network and security devices, $60,836.73 $60,836.73 identify and assess management applications, manage vulnerability and policy compliance,and centralize database and application logs.The overall focus will be on security and threat detection and management;AEL#05NP- 00-IDPS and 05NP-00-SEIM; Line item 2016-21 Interoperable communications equipment $2gg 181.82 Hialeah P25 Radio Microwave System,AEL#06CP-03- NM=MWAV, Line item 2016-17 Hialeah Maintenance and Sustainment of P25 Radios and $64,172.73 $64,172.73 accessories;AEL#06CP-03-PRAC, 06CP-01-MOBL and 21GN-00-MAIN; Line item 2016-18 (12 months). Miami Satellite Phone Sustainment Citywide This project will sustain the satellite phones that are $24,681.82 $24,681.82 installed throughout City Departments including police and fire stations which allow all first responders to communicate when primary communication services are down,AEL#06CC-03-SATB, Line item 2016-28 Miramar Mobile Radio Repeaters;AEL#06CP-01-REPT; Line item 2016-51 $95,691.41 Monroe APX6000 7001800 Portable Radios;AEL#06CP-01- MOBL; Line item 2016-55 Pembroke Pines Portable P25 Compliant Radios;AEL #06CP-01-PORT; Line item 2016-61 Ft. Lauderdale Region 7 Interoperable Communications $36,134.18 $36,134.18 Trailer Enhanced Capabilities to include a UHF Repeater; AEL#06CP-05-LPBX,04HW-04-CARL,21 GN-00-INST and 21GN-00-MAIN; Line item 2016-72 38 Ft. Lauderdale Region 7 Interoperable Communications 1 $22,460.45 $22,460.45 Trailer Enhanced Capabilities to include a Cisco IP Phone System;AEL#06CP-05-LPBX,04HW-04-CABL,21 GN-00- INST and 21GN-00-MAIN; Line item 2016-73 =Detection Equipment = $19,745.45 Coral Gables Hazardous Materials Detection Equipment, 1111111111=1AEL#07CD-01-DPMG,Line item 2016-08 1 $96,020.17 $96,020.17 Palm Beach Sheriffs Office EOD Analyzer-Chemical and Explosives Detection Instrument;AEL#07ED-01-LASR; Line item 2016-59 111111111111111111111111111111.11 Decontamination Equipment - Medical supplies 100 $108.60 $10,860.00 Sunrise FRTK-1 First Responder Trauma Kits for Police; AEL#090E-03-KTFA; Line item 2016-75 - Power equipment. CBRNE Reference Materials mmiiimmiiiiii CBRNE incident Response Vehicles Miami Dade EOD Personnel Carrier capable of carrying four 1 $30,605.45 $30,605.45 bomb technicians and a locked storage box in the bed of the vehicle;AEL#12VE-00-MISS; Line item 2016-38 111111111111111111111111111111111 Terrorism incident Prevention Equipment Miramar Alert/Notification System. AEL#131T-00-ALRT; IIIIIIII $5,923.64 MISI Line item 2016-54 $59,236.36 $59,236.36 Miami Regional Emergency Notification System;AEL#131T- 00-ALRT; Line item 2016-68 NM111111111111111111111 Physical Security Enhancement Equipment Miami Ethernet Secured @ Fire College for Redundant Communications for Miami's First Responders (18 months). 1 $10,860.00 $10,860.00 This project will continue services for a Metro-Ethernet line that provides fast network connectivity between the City's network and the E911 backup center;AEL#14C1-01-COOP; Line item 2016-27 (The Closed Miami Law Enforcement Surveillance(CCTV) Circuit TV project will allow the Miami Police Department 1 $177,709.09 $177,709.09 the opportunity to deploy CCTV equipment in the area of soft targets and enhance our ability to deter and investigate terrorist activity; AEL# 14SW-01-VIDA,04HW-01-INHW, 04MD-03-DISP,21GN-00-MAIN; Line item 2016-31 Miami Dade Security Cameras and Access Controls at 1 $286,309.09 $286,309.09 Miami Dade FR HQ Complex;AEL# 14SW-01-VIDA, 14SW- 01-PACS,21GN-00-INST; Line item 2016-43 Sunrise Access Control at Fire Stations; AEL#14SW-01- PACS; Line item 2016-77 39 inspection and Screening Systems Animal and Plants IIIIIIIIIIIIIIIIIIIII CBRNE Prevention and Response watercraft - Miami Beach CBRNE Prevention and Response Police boat $gg 752.73 $96,752.73 with inflatable hull and full cabin,AEL#17WC-00-BOAT, Line item 2016-35 $138,218.18 Miami Dade Open Center Console Vessel and Electronics; - AEL#17WC-00-BOAT;Line item 2016-42 CBRNE Aviation Equipment IIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIINIIIIIIIIIIIIIIII CBRNE Logistical Support Equipment Hollywood Fold-out temporary shelter and standard 1 mobilizer;AEL#19GN-00-HSSF; Line item 2016-22 111111111111.111111111 Intervention Equipment Miami Dade Forensic Response Team Unit Enhancements to include: 4 inflatable lighting towers,4 portable 1 $32,481.27 $32,481.27 generators,2 alternate light source detectors,2 camera lenses;AEL#20CS-02-UVLT,20CS-02-SUPP,030E-03- LTPA and 10GE-00-GENR; Line item 2016-39 IIIIIIIIIIIIIIIIIIIII Other authorized equipment costs(include any construction or renovation costs in this category; Written approval must be •rovided b FEMA.rior to the use of an funds for construction or renovation Coral Gables Maintenance/Sustainment/Repair/ 1 $4,936.36 $4,936.36 Replacement for UASI Purchased Equipment;AEL#21 GN- 00-MAIN; Line item 2016-09 Ft. Lauderdale EOC Enhancements to include digital control hardware server Enterprise Control System,tablets, LED 1 $70,984.91 $70,984.91 monitors,video conferencing and its installation or maintenance,AEL Q 05-VCON,04MD-03-DSP,04 W 01--HHCD and 04HW-01- INHW,Line item 2016-14 Ft. Lauderdale CERT to include: medical bags,CERTbackpack1 $24,681.82 $24,681.82 00-CCEQ,Sand 1i9GN 00 BGPK, 06CPos,Awards,and I-01-PORT,09ME 01- BAGM, Line item 2016-15 Key Biscayne Maintenance/Sustainment/Repair/ $16,171.53 $16,171.53 Replacement for UASI Purchased Equipment; AEL#21 GN- 00-MAIN; Line item 2016-23 Miami Maintenance/Sustainment/Repair/Replacement for 1 $321,221.00 $321,221.00 HSGP Purchased Equipment;AEL#21 GN-00-MAIN, Line item 2016-25981.83 $78,981.83 Miami EOC Enhancements/Maintenance/Sustainment,AEL 1 $78 #21 GN-00-0CEQ, Line item 2016-26 Miami Dade Fusion Center Operations to include 24 month $24,681.82 $24,681.82 license to Snaptrends Social Intelligence System; AEL #21GN-00-OCEQ and 13lT-00-DFSN; Line item 2016-40 Palm Beach County EOC Enhancements-IT Upgrades to include laptops,pcs,and ICS Software;AEL#21GN-00- 1 $132,203.72 $132,203.72 OCEQ,04AP-05-CDSS and 04HW-01-INHW; Line item 2016- 56 40 Palm Beach Sheriff's Office Regional Fusion Center Operations to include computer hardware and peripherals, software maintenance,DHS sponsored Training,alert 1 $153,027.27 $153,027.27 system and TLO program support and office supplies/equipment;AEL#21 GN-00-OCEQ, 04HW-01-INHW, 131T-00-INTL, 13IT-00-ALRT; Line item 2016-66 Regional Citizen Corps/CERT Planning,Training Exercise 1 $52,031.25 $52,031.25 and Equipment;AEL#21GN-00-CCEQ, 19GN-00-BGPK, 21CR-00-MEDI,06CP-01-PORT; Line item 2016-70 $3,521,836.03 TOTAL EQUIPMENT EXPENDITURES #a10 V la,. , t �ty nit;ost $o :E&.ti&.. �Iigtb eManagement andAdm>Imstrat�on�osts � .r_. .�__. Hiring of full-time or part-time staff or contractors/consultants: to assist with the management of the respective grant program; application requirements,and compliance with reporting and data collection requirements M&A Personnel, Line item 2016-24 1 $257,925.00 $257,925.00 Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls Overtime and backfill costs—Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA—approved activities.Backfill Costs also called"Overtime as Backfill"are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA—approved activities outside their core responsibilities.Neither overtime nor backfill expenses are the result of an increase of Full— Time Equivalent(FTEs)employees.These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s)of local government and has the approval of the state or the awarding agency,whichever is applicable.In no case is dual compensation allowable.That is,an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time(e.g., 1:00 pm to 5:00 pm),even though such work may benefit both activities.Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA),Workers'Compensation and Unemployment Compensation. Travel expenses Meeting-related expenses(For a complete list of allowable meeting- related expenses,please review the OJP Financial Guide at http://www.ojp.usdoj.gov/FinGuide). Authorized office equipment:including personal computers,laptop computers,printers, LCD projectors,and other equipment or software which may be required to support the implementation of the homeland security strategy. The following are allowable only within the agreement period: Recurring fees/charges associated with certain equipment,such as cell phones,faxes. Leasing and/or renting of space for newly hired personnel to administer programs within the grant program. TOTAL M&A EXPENDITURES $257,925.00 TOTAL EXPENDITURES $5,158,500.00 41 ATTACHMENT B SCOPE OF WORK 'Sub-recipients must comply with all the requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). • Funding is provided to perform eligible activities as identified in the Domestic Homeland Security— Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2016 Homeland Security Grant Program (HSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: Issue and Project Description • Issue 41 — Urban Area Security Initiative (UASI): The UASI Program assists high-threat, high- density Urban Areas in efforts to build, sustain, and deliver the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from ac:s of terrorism. II. Categories and Eligible Activities FY2016 allowable costs are divided into the following categories: Planning, Organization, Exercise, Training, Equipment and Management and Administration are allowable categories in this Agreement. ,Each category's allowable costs have been listed in the"Budget- Detail Worksheet" above. A. Allowable Planning Related Costs • UASI funds may be used for a range of emergency preparedness and management planning activities and such as those associated with the development of the THIRA, SFR, continuity of operations plans and other planning activities that support the Goal • and placing an emphasis on updating and maintaining a current EOP that conforms to the guidelines outlined in CPG 101 v 2,0. • Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, response, and recovery activities • Developing and implementing homeland security support programs and adopting DHS/FEMA national initiatives • Developing related terrorism and other catastrophic event prevention activities • Developing and enhancing plans and protocols • Developing or conducting assessments • Hiring of full-or part-time staff or contract/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) • Materials required to conduct planning activities • Travel/per diem related to planning activities • Overtime and backfill costs (in accordance with operational Cost Guidance) • • Issuance of WHTI-compliant Tribal identification card • Activities to achieve planning inclusive of people with disabilities • Coordination with Citizen Corps Councils for public information/education and development of volunteer programs Additional Planning Information FEMA's National Preparedness Directorate (NPD) offers technical assistance (TA)that is designed to provide sub-recipients and sub-sub-recipients with specialized expertise to improve their emergency plans and planning. TA deliveries are designed specifically to improve and • 42 enhance the continuing development of state and local emergency management across the five mission areas of the National Preparedness Goal and across all core capabilities. TA provides the opportunity to engage emergency managers, emergency planners, and appropriate decision- makers in open discussion of options to improve plans and planning in light of their jurisdiction's needs. There is no cost to approved jurisdictions for DHS/FEMA TA. TA deliveries combine current emergency management best practices with practical consideration of emerging trends, through discussion facilitated by DHS/FEMA contract specialists and with the support of FEMA Region operational specialists. While the invitation of participants is up to the requesting jurisdiction, DHS/FEMA encourages requesting jurisdictions to include the broadest practical range of its emergency managers and planners in all TA deliveries. TA deliveries should be made open to neighboring jurisdictions. As necessary, DHS/FEMA may also invite other Federal experts and practitioners to participate. Additionally, peer-to-peer representation may also be included from other jurisdictions that have recently used TA for the same planning issue. The TA catalog, showing the full range of TA available across all five mission areas and by all providers, and the TA request form can be accessed at http://www.fema.gov/national-incident- management-system/fema-technical-assistance-division. B. Organization (SHSP and UASI Only) Organizational activities include: • Program management; • Development of whole community partnerships, through groups such as Citizen Corp Councils; • Structures and mechanisms for information sharing between the public and private sector; • Implementing models, programs, and workforce enhancement initiatives to address ideologically-inspired radicalization to violence in the homeland; • Tools, resources and activities that facilitate shared situational awareness between the public and private sectors; • Operational Support; • Utilization of standardized resource management concepts such as typing, inventorying, organizing, and tracking to facilitate the dispatch, deployment, and recovery of resources before, during, and after an incident; • Responding to an increase in the threat level under the National Terrorism Advisory System (NTAS), or reeds in resulting from a National Special Security Event; and • Paying salaries and benefits for personnel to serve as qualified intelligence analysts. States and Urban Areas must justify proposed expenditures of SHSP or UASI funds to support organization activities within their IJ submission. All SAAB are allowed to utilize up to 50 percent(50%) of their SHSP funding and all Urban Areas are allowed up to 50 percent (50%) of their UASI funding for personnel costs. At the request of a sub-recipient of a grant, the FEMA Administrator may grant a waiver of the 50 percent(50%) limitation noted above. Request for waivers to the personnel cap must be submitted by the SAA to GPD in writing on official letterhead, with the following information: • Documentation explaining why the cap should be waived; • Conditions under which the request is being submitted; and 43 • A budget and method of calculation pf personnel costs both in percentages of the grant award and in total dollar amount. To avoid supplanting issues, the request must also include a three year staffing history for the requesting entity. Organizational activities under SHSP and UASI include: • Intelligence analysts. Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement(PRICE)of Homeland Security Act(Public Law 110-412), SHSP and UASI funds may be used to hire new staff and/or contractor positions to serve as intelligence analysts to enable information/intelligence sharing capabilities, as well as support existing intelligence analysts previously covered by SHSP or UASI funding. In order to be hired as an intelligence analyst, staff and/or contractor personnel must meet at least one of the following criteria: o Successfully complete training to ensure baseline proficiency in intelligence analysis and production within six months of being hired; and/or, o Previously served as an intelligence analyst for a minimum of two years either in a Federal intelligence agency, -the military, or State and/or local law enforcement intelligence unit As identified in the Maturation and Enhancement of State and Major Urban Area Fusion Centers priority, all fusion center analytic personnel must demonstrate qualifications that meet or exceed competencies identified_in-the_Common_Cempetencies..fec-State,_Loco/,_and-TrihaLIntelligence__.. Analysts, which outlines the minimum categories of training needed for intelligence analysts.A certificate ocompletion-of n uch training must-be-on pile-with-the SAA-and-must be made available--- � to the grantee's respective Headquarters Program Analyst upon request. In addition to these training requirements,fusion centers should also continue to mature the'Ir analytic capabilities by addressing gaps in analytic capability identified during the fusion center's annual assessment. • Overtime costs. Overtime costs are allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security and specifically requested by a Federal agency. Allowable costs are limited to overtime associated with federally requested participation in eligible fusion activities, including anti-terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by the Maritime Transportation Security Act of 2002), OHS Border Enforcement Security Task Forces, and Integrated Border Enforcement Teams. Grant funding can only be used in proportion to the Federal man-hour estimate, and only after funding for these activities from other Federal sources (i.e., FBI JTTF payments to State and local agencies) has been exhausted. Under no circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal source. • Operational overtime costs. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism, operational overtime costs are allowable for increased security measures at critical infrastructure sites. SHSP or UASI funds for organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastructure sites in the following authorized categories: o Backfill and overtime expenses for staffing State or Major Urban Area fusion centers; • Hiring of contracted security for critical infrastructure sites; o Participation in Regional Resiliency Assessment Program (RRAP) activities; o Public safety overtime; 44 o Title 32 or State Active Duty National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package (Note: Consumable • costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package); and o Increased border security activities in coordination with CBP SHSP or UASI funds may only be spent for operational overtime costs upon prior approval provided in writing by the FEMA Administrator per instructions in IB 379. C. Allowable Exercise Related Costs Exercises conducted with grant funding should be managed and conducted consistent with HSEEP. HSEEP guidance for exercise design, development, conduct, evaluation, and improvement planning is located at https://wrvw.fema.gov/exercise. •Design, Develop, Conduct, and Evaluate an Exercise •Full-or part-time staff or contractors/consultants •Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA exercises •Implementation of HSEEP •Activities to achieve exercises-_inclusive ofpeople with disabilities •Travel •Supplies associated with allowable approved-exercises - •Interoperable communications exercises Additional Exercise Information Sub-recipients that decide to use HSGP funds to conduct an exercise(s) are encouraged to complete a • progressive exercise series. Exercises conducted by states and Urban Areas may be used to fulfill similar exercise requirements required by other grant programs. Sub-recipients are encouraged to invite representatives/planners involved with other Federally-mandated or private exercise activities. States and Urban Areas are encouraged to share, at a minimum, the multi-year training and exercise schedule with those departments, agencies, and organizations included in the plan. • • Exercise Scenarios.The scenarios used in HSGP-funded exercises must be based on the • stateiUrban Area's THIRA and SPR.The scenarios used in HSGP-funded exercises must focus on validating capabilities, must be large enough in scope and size to exercise multiple activities and warrant involvement from multiple jurisdictions and disciplines and non-governmental organizations, and take into account the needs and requirements for individuals with disabilities. • Exercise scenarios should align with priorities and capabilities identified in the Multi-year TEE. • Special Event Planning. If a state or Urban Area will be hosting a special event(e.g., Super Bowl, G-8 Summit), the special event planning should be considered as a training or exercise activity for the purpose of the Multi-year TEP.The state or Urban Area should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for those events.States and Urban Areas should also consider exercises at major venues (e.g., arenas, convention centers)that focus on evacuations, communications, and command and control. • • Regional Exercises.States should also anticipate participating in at least one Regional Exercise annually. States must include all confirmed or planned special events in the Multi-year TEP. 45 • Role of Non-Governmental Entities in Exercises. Non-governmental participation in all levels of exercises is strongly encouraged. Leaders from non-governmental entities should be included in the planning, design, and evaluation of an exercise. State, local, Tribal, and territorial jurisdictions are encouraged to develop exercises that test the integration and use of non- governmental resources provided by non-governmental entities, defined as the private sector and private non-profit, faith-based, community, participation in exercises should be coordinated with the local Citizen Corps Council(s)or their equivalent and other partner agencies. FDEM State Training Office conditions for Exercises: For the purposes of this Agreement, any exercise which is compliant with HSEEP standards and contained in the State of Florida(and County or Regional) MYTEP qualifies as an authorized exercise. The Sub-recipient can successfully complete an authorized exercise either by attending or conducting that exercise. • In order to receive payment for successfully attending an authorized exercise, the Sub-recipient must provide the Division with a certificate of completion or similar correspondence signed by the individual in charge of the exercise; additionally, the Sub-recipient must provide the Division with all receipts that document the costs incurred by the Sub-recipient in order to attend the exercise. • In order the receive payment for successfully conducting an authorized exercise, the Sub- recipient must provide the Division with an ExPLAN, AAR/IP, IPC/MPC/FPC Meeting Minutes • and Sign-in Sheet for exercise attendees; additionally, the Sub-recipient must provide the Division with all receipts that document the costs incurred by the Sub-recipient in order to conduct the_exercise.__— The Sub-recipient must include with-the reimbursement-package aseparate 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 focd,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: Unauthorized Exercise Costs • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles), medical supplies, and emergency response apparatus(e.g., fire trucks, ambulances). • • Equipment that is purchased for permanent installation and/or use, beyond the scope of the conclusion of the exercise (e.g., electronic messaging signs). D. Allowable Training Related Costs Allowable training-related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP and UASI programs and/or in conjunction with emergency preparedness training by other Federal agencies • (e.g., HHS and DOT).Training conducted using HSGP funds should address a performance gap identified through an AAR/IP or other assessments (e.g., National 46 Emergency Communications Plan NECP Goal Assessments) and contribute to building a capability that will be evaluated through a formal exercise. Any training or training gaps, including those for children, older adults, pregnant women, and individuals with disabilities and others who also have or access and functional needs, should be identified in the AAR/IP and addressed in the state or Urban Area training cycle. Sub-recipients are encouraged to use existing training rather than developing new courses.When developing new courses, sub-recipients are encouraged to apply the Analysis, Design, Development, Implementation and Evaluation model of instructional design using the Course Development Tool. • Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-sponsored and approved training classes • Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training • Training workshops and conferences • Activities to achieve training inclusive of people with disabilities • Full- or part-time staff or contractors/consultants • , rave -- r--- ------- •- Supplies associated with allowable approved training that are expended or consumed during the course of the planning and conduct of the exercise project(s) • Instructor certification/re-certification • Coordination with Citizen Corps Councils in conducting training exercises • Interoperable communications training Additional Training Information Per DHS/FEMA Grant Programs Directorate Policy FP 207-008-064-i, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants; issued on September 9, 2013, states, territories, Tribal entities and urban areas are no longer required to request apprcva' from FEMA for personnel to attend non-DHS FEMA training as long as the training is coordinated with and approved by the state, territory, Tribal or Urban Area Training Point of Contact(TPOC) and falls within the FEMA mission scope and the jurisdiction's Emergency Operations Plan (EOP).The only exception to this policy is for Countering Violent Extremism courses. DHS/FEMA will conduct periodic reviews of all state, territory, and Urban Area training funded by DHS/FEMA.These reviews may include requests for all course materials and physical observation of, or participation in, the funded training. If these reviews determine that courses are outside the scope of this guidance, sub-recipients wit be asked to repay grant funds expended in support of those efforts. For further information on developing courses using the instructional design methodology and tools that can facilitate the process, SAAs and TPOCs are encouraged to review the NTED Responder Training Development Center(RTDC)website. • DHS/FEMA Provided Training. These trainings include programs or courses developed for and delivered by institutions and organizations funded by DHS/FEMA. This includes the Center for 47 Domestic Preparedness (CDP), the Emergency Management Institute (EMI), and the National Training and Education Division's (NTED) training partner programs including, the Continuing Training Grants, the National Domestic Preparedness Consortium (NDPC) and the Rural Domestic Preparedness Consortium (RDPC). Approved State and Federal Sponsored Course Catalogue. This catalogue lists state and Federal sponsored courses that fall within the DHS/FEMA mission scope, and have been approved through the FEMA course review and approval process. An updated version of this catalog can be accessed at http://www.firstrespondertraining.gov. Training Not Provided by DHS/FEMA. These trainings include courses that are either state sponsored or Federal sponsored (non-DHS/FEMA), coordinated and approved by the SAA or their designated TPOC, and fall within the DHS/FEMA mission scope to prepare state, local, Tribal, and territorial personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. • State Sponsored Courses. These courses are developed for and/or delivered by institutions or organizations other than Federal entities or DHS/FEMA and are sponsored by the SAA or their designated TPOC. • Joint Training and Exercises with the Public and Private Sectors. These courses are sponsored and coordinated by private sector entities to enhance public-private partnerships for training personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic eyents. Overtime pay for first responders and emergency managers who participate in public-private training and - - - exercises is allowable. In addition, States, territories,Tribes, and Urban Areas are encouraged to incorporate the private sector in government-sponsored training and exercises. Additional information on both DHS/FEMA provided training and other federal and state training can be found at httpJ/wrw.firstrespondertraining.gov. Training Information Reporting System ("Web-Forms").Web-Forms is an electronic form/data management system built to assist the SAA and its designated State, territory and Triba Training Point of Contact (TPOC). Reporting training activities through Web-Forms is not required under FY 2016 HSGP, however, the system remains available and can be accessed through the FEMA Toolkit located at http://www.firstrespondertraining.gov/admin in order to -support grantees in their own tracking of training. FDEM State Training Office conditions: For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub- recipient can successfully complete an authorized course either by attending or conducting that course. • In order to receive payment for successfully attending an authorized training course, the Sub-recipient must provide the Division with a certificate of course completion; additionally, the Sub-recipient must provide the Division with all receipts that document the costs incurred by the Sub-recipient in order to attend the course. • In order the receive payment for successfully conducting an authorized course, the Sub-recipient must provide the Division with the course materials and a roster • sign-in sheet; additionally, the Sub-recipient must provide the Division with all receipts that document the costs incurred by the Sub-recipient in order to conduct the course." 48 • 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 training. E. Equipment Acquisition The 2f allowable prevention, protection, mitigation, response, and recovery equipment categories and-equipment_star;dar-ds-for HSGP_are_listed-or,-the-Author-ized-Equipmen:._.a._ List(AEL) available at htto://www.fema.god/authorized-equipment-list. Unless otherwise stated: equipment must meet all mandatory regulatory and/or DHS/FEMA-adopted standards to be eligible for purchase using these funds. in addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Grant funds may be used for the procurement of medical countermeasures. Procurement of medical countermeasures must be conducted in collaboration with State/city/local health departments who administer Federal funds from HHS for this purpose. Procurement must have a sound threat based justification with an aim to reduce the consequences of mass casualty incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals, grantees must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. Grantees are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year's the period of performance for HSGP.The cost of disposal cannot be carried over to another DHS/FEMA grant or grant period. The equipment, goods, and supplies ("the eligible equipment") purchased with funds provided under this agreement are for the purposes specified in "Florida's Domestic Security Strategy". Equipment purchased with these funds will be utilized in the event of emergencies, including, but not limited to, terrorism-related hazards. The sub-recipient shall place the equipment throughout the State of Florida in such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the emergency or be available for use at a fixed location within two (2) hours of a request for said deployment.The Florida Division of Emergency Management(FDEM) must approve any purchases of equipment not itemized in a project's approved budget in advance of the purchase. The sub-recipient will. in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Domestic Security 49 Strategy," ensure that all equipment purchased with these funds is used to respond to any and all incidents within its regional response area as applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FDEM will take prudent and appropriate action to determine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. The sub-recipient shall notify the FDEM Office of Domestic Preparedness at 2555 Shumard Oak Blvd., Tallahassee, Florida 32399 one year in advance of the expiration of the equipment's posted shelf-life or normal life expectancy or when it has been expended. The sub-recipient shall notify the FDEM immediately if the equipment is destroyed, lost, or stolen. The sub-recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of the FDEM. F. Management and Administration-no more than 5% of each sub-recipient's total award may be expended on Management and Administration costs. Hiring of full-time or part-time staff or contractors/consultants: • To assist with the management of the respective grant program • To assist with application requirements • To assist With the-0—mpllancy with repert;ng and datacollection requirements - - Development of operating plans for information collection and processing necessary to respond to FEMA data calls Overtime costs -Overtime are allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security and specifically requested by a Federal agency. Allowable costs are limited to overtime associated with federally requested participation in eligible fusion activities including anti- terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by Maritime Transportation Security Act of 2002), DHS Border Enforcement Security Task Forces, and Integrated Border Enforcement Teams. Grant funding can only be used in proportion to the Federal man-hour estimate, and only after funding for these activities from other Federal sources (i.e. FBI JTTF payments to State and local agencies) has been exhausted. Under no circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal source. Operational overtime costs. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism, operational overtime costs are allowable for increased security measures at critical infrastructure sites. FY 2016 SHSP or UASI funds for organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastructures sites in the following authorized categories: • Backfill and overtime expenses (as defined in FOA)for staffing State or Major Urban Area fusion centers; • Hiring of contracted security for critical infrastructure sites; • Public safety overtime (as defined in FOA) • Title 21 or State Active Duty National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package); and 50 • increased border security activities in coordination with CPB, as outlined • in Information Bulletin 135. FY 2016 UASI funds may only be spent for operational overtime costs upon prior • approval provided in writing by the FEMA Administrator. Travel expenses Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at http://wwv.oip.usdoi•gov/FinGuide). Acquisition of authorized office equipment, including: • Personal computers • Laptop computers • Printers • LCD projectors, and • Other equipment or software which may be required to support the implementation of the homeland security strategy The following are allowable only within the period of performance of the contract: • Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. Leasing and/or-renting-of-space-for-newly hired-personnel-during-the-period of performance of the grant program G. Procurement All procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • any local procurement policy. To the extent that one standard is more stringent than another, the sub-sub-recipient must follow the more stringent standard. For example, if a State statute imposes a stricter requirement than a Federal regulation, ther the sub-sub-recipient must adhere to the requirements of the State statute. The Division shall pre-approve all scopes of work for projects funded under this agreement. Additionally, the sub-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. H. Piggy-backing The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is 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 51 the new contract, including the scope of work, must be substantially the same as those of the existing contract. The piggyback contract may not exceed the existing contract in scope or volume of goods or services. An agency may not use the preexisting contract merely as a 'basis to begin negotiations"for a broader or materially different contract. Section 215.971, Florida Statutes Statutory changes enacted by the Legislature impose additional requirements on grant and sub-sub-recipient agreements funded with Federal or State financial assistance. In pertinent part, Section 215.97(1) states: An agency agreement that provides state financial assistance to a sub- recipient or sub"-sub-recipient, as those terms are defined in s. 215.97, or that provides federal financial assistance to a sub-sub-recipient, as defined by applicable United States Office of Management and Budget circulars, must include all of the following: • A provision specifying a scope of work that clearly establishes the tasks that the sub-recipient or sub-sub-recipient is required to perform. • A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and specify_the required minimum l_evel of service to be performed and the criteria for evaluating the successful - completion of each deliverable. • A provision specifying the financial consequences that apply if the sub-recipient or sub-sub-recipient fails to perform the minimum leve' of service required by the agreement. The provision can be exciuded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a sub-recipient or sub-sub-recipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. • A provision specifying that a sub-recipient or sub-sub-recipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. • A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. • A provision specifying that any funds paid in excess of the amount to which the sub-recipient or sub-sub-recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. • Any additional information required pursuant to s. 215.97. Overtime and Backfill The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development, and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND 52 from an award fora single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Requests for overtime or backfill must be reduced by the number of hours of leave taken in the pay period. For the purposes of this agreement, leave and pay period are defined according to the Fair Labor Standards Act(FLSA). Failure to comply Failure to comply with any of the provisions outlined above sha'I result in disallowance of reimbursement for expenditures. Unallowable Costs (SHSP, UASI and OPSG) Per FEMA policy, the purchase of weapons and weapons accessories is not allowed with HSGP. J. Reporting Requirements 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 I - Reporting Period Report due to FDEM no later than January 1 through March 31 April 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 2. Programmatic Reporting-BSIR Biannual Strategic Implementation Report: After the end of each reporting period, for the life of the contract unless directed otherwise, the SAA,will complete the Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT) https://www.reporting.odp.dhs.gov. The reporting periods are January 1-June 30 and July 1-December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. 3. Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at any time during the contract period. Reimbursements must be requested within ninety(90)calendar days of expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within ninety(90) calendars of expenditure shall result in denial of reimbursement. The Sub- recipient should include the category's corresponding line item number in the "Detail of Claims"form. This number can be found in the"Proposed Program 53 Budget". A line item number is to be included for every dollar amount listed in the"Detail of Claims'form. • 4. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than sixty(60)calendar days after the agreement is either completed or the agreement has expired. K. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Michael J. Day Felicia Pinnock FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850)488-3133 (850)410-3457 Michael.Dayem.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. 54 ATTACHMENT C DELIVERABLES AND PERFORMANCE Urban Area Security Initiative (UASI): The UASI program supports the implementation of risk driven, capabilities-based planning, organization, equipment, training, and exercise needs of high-threat and high-density Urban Areas based on the capability targets set in Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs). The capability levels are assessed in the State Preparedness Report (SPR) and inform planning, organizaton, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. • 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:!/vwvw.fema.gov/pdf,'about/divisionsinpd/CPG 101 V2.pdf or grant guidance(Notice of Funding Opportunity). For the purposes of this Agreement,any planning activity such as those associated with the Threat and Hazard identification and Risk Analysis(THIRA), State Preparedness Report(SPR), and other planning activities that support the National Preparedness Goal(NPG)and place an emphasis on updating and maintaining a current Emergency Operations Plan(EOP) are eligible.The Sub-recipient can successfully complete a planning activity either by creating or updating such plan(s). -- - -- •OrganizationbeliverabTe:=Subiedito the funding limitationsof-thisAgreement;the-Division shall reim`buree the Sub- recipient for the actual eligible costs for Personnel, Intelligence Analysts, Overtime and Operational Overtime. Exercise Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Sub- recipient for the actual cost of successfully completing an exercise which meets the Department of Homeland Security Homeland Security Exercise and Evaluation Program(HSE.P)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:/Iwww.11''s.dhs.govihseep. For the purposes of this Agreement, any exercise which is compliant with HSEEP standards and contained in the State of Florida MYTEP qualifies as an authorized exercise. The Sub-recipient can successfully complete an authorized exercise either by attending or conducting that exercise. Training Deliverable: Subject to the funding 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://training.fema.gov/. For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Sub-recipient can successfully complete an authorized course either by attending or conducting that course. Equipment Deliverable: Subject to the funding limitations of this Agreement,the Division shall reimburse the Sub- recipient for the actual cost of purchasing an item identified in the approved project funding template and budget of this agreement and listed on the OHS 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://beta.fema.gov/authonzed- equipment-list. In addition,agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. 55 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. 56 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.0 §_3801-3812 15)FlyAmerica 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, 41US.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. § § 4304 and 4310 26)53 Federal Register 8034 27)Rule Chapters 27P-6; 27P-11, and 27P-19, Florida Administrative Code • 57 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) 58 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 ID—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 i -a-rea 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-recip'ent shall neither solict 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 M- e3t00+ — S r7Opvl 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. 59 ATTACHMENT G Val I ibtA40 � : * , _ oF t J Arta Vosu� E �1�1 �0�5 - � �`' '� ��,t ��t r 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 60 ATTACHMENT H STATEMENT OF ASSURANCES All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity(NOFO)for this program are incorporated here by reference in the terms and conditions of your award. All sub-recipients must comply with any such requirements set forth in the program NOFO. All sub-recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant)funds that have been budgeted for the same purpose through non-Federal sources. All sub-recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a sub-recipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. Sub-recipients are required to comply with the requirements set forth in the government-wide Award Term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which incorporated here by reference in the terms and conditions of your award. All sub-recipients must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, information, facilities, and staff. 1, Sub-recipient must cooperate with any compliance review or compliant investigation conducted by the State Administrative Agency or OHS. 2. Sub-recipient will give the State Administrative Agency, DHS or through any authorized representative, access to and the right to examine and copy records, accounts, and books, papers, or documents related to the grant. 3. Sub-recipient must submit timely, complete, and accurate reports to the FDEM and maintain appropriate backup documentation to support reports. Sub-recipients should also comply with all other special reporting, data collection and evaluation requirements, as prescribes by law or detailed in program guidance. 4. If, during the past three years, the sub-recipient has been accused of discrimination on the grounds of • • race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the sub-recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to FDEM for forwarding to the OHS awarding office and the DHS Component. 5. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a sub-recipient of funds, the sub-recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 61 6. Sub-recipient will acknowledge their use of federal funding when issuing statements, press releases, and requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 7. Sub-recipient will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. Sub-recipient who receives awards made under programs that provide emergency communications equipment and its related activities must comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. 9. 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. 10. When original or replacement equipment acquired under this award by the sub-recipient is no longer needed for the original project or program or for other activities currently or previously supported by DHS;FEMA, you must request instructions from FDEivt to make proper disposition of the equipment pursuant to 2 C.F.R.Section 200.313. 62 ATTACHMENT I REIMBURSEMENT CHECKLIST PLANNING 1. Does the amount billed by consultant add up correctly? I I 2. Has all appropriate documentation to denote hours worked been properly signed? 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (Note - If a meeting was held by sub-recipient or 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.) 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 6, Has Attachment G (found within Agreement with FDEM) been completed for this contractor/consultant and included in the reimbursement package? 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract#, price list) Competitive bid results (e.g. Quote'vire, bid tabulation page) Consultants/Contractors (Note: this applies to contractors also billed under Organization) TRAINING 7 1, is the course DHS approved? I 2. Is there a course or catalog number? If not, has FDEM approved the non-DHS training? 3. Have Sign-In Sheets, Rosters and Agenda been provided? 63 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? 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-companyfcr theta—---m— -- — -�- statement 7 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. Sole Source (approved by FDEI'vl for purchases exceeding $25,000) State Contract (page showing contract#, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) EXERCISE 1. Has documentation been provided on the purpose/objectives of the exercise? Situation Manual Exercise Plan 2. If exercise has been conducted are the following included: After-action report Sign-in sheets Agenda Rosters 3. If billing for overtime and 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? 64 For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought? 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 se, 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 siatemenf - - ---- --- - 7 2717- 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. Sole Source (approved by FDEM for purchases exceeding $25,000) State Contract (page showing contract#, price list) Competitive bid results (e.g. Quotewire, bid tabulation page) EQUIPMENT 1. Have all invoices been included? 2. Has an AEL#been identified for each purchase? 3. If service/warranty expenses are listed, are they only for the performance period of the grant? 4. Has proof of payment been included? Canceled check Electronic Funds Transfer(EFT) Confirmation Credit Card Statement& payment to credit card company for that statement 5. If EHP form needed, has a copy of the approval DHS been included? 6. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. 65 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) TRA VEL/CONFERENCES 1. Have all receipts been turned in, itemized and do the dates on the receipts match travel dates? Airplane receipts Proof of mileage (Google or Yahoo map printout or mileage log) 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 1 2. If travel is a conference has the conference agenda been included? 3, Has__proof of payment to traveler been included? 4_ 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. Contributions are from Non Federal funding sources identified? 2. Contributions are from cash or in-kind contributions which may include training investments. 3. Contributions are not from salary, overtime or other operational costs unrelated to training. SALARY POSITIONS 1. Has a signed timesheet by employee and supervisor included? 2. Has proof for time worked by the employee been included? Is time period summary included? Statement of Earnings Copy of Payroll Check Payroll Register _ For fusion center analysts, have the certification documents been provided to the SAA to demonstrate compliance with training and experience standards? 66 ORGANIZATION 1, If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? FOR ALL REIMBURSEMENTS- THE FINAL CHECK - 1 1. Have all relevant forms been completed and included with each request for reimbursement? 2. Have the costs incurred been charged to the appropriate POETE category? 3._ Does.the - -_---� — I 4. Has Reimbursement Form been signed by the Grant Manager and Financial Officer? ientsp i 5. Has the reimbursement package been entered into sub-sub-recipients records/spreadsheet? 6. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? l I 7. If this purchase was made via Sole Source, have you included the approved Sole Source documentation and justification? I 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. 67 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 Homeland Security Grant Program (HSGP)grant guidance and statutory regulations. The monitoring process is designed to assess a sub-recipient agency's compliance with applicable state and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-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 Division representatives who examines records, procedures and equipment. Frequency of annual monitoring activity: Each year the FDEM will conduct monitoring based on a "Risk Assessment". The risk assessment tool is used to help in determining the priority of sub-recipients that should be reviewed and the level of monitoring that should be performed. It is important to note that although a given grant may be closed, it is still subject to either desk or on-site monitoring for a five (5) year period following closure. 68 Areas that will be examined include: Management and administrative procedures; Grant folder maintenance; Equipment accountability and sub-hand receipt procedures; Program for obsolescence; Status of equipment purchases; Status of training for purchased equipment; Status and number of response trainings conducted to include number trained; Status and number of exercises; Status of planning activity; Anticipated projected completion; Difficulties encountered in completing projects; Agency NIMS/ICS compliance documentation; Equal Employment Opportunity(EEO Status); Procurement Policy FDEM may request additional monitoring/information of the activity, or lack thereof, generates questions from the region, the sponsoring agency or FDEM leadership. The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process. Sub-recipients will be required to participate in desk top monitoring as determined by FDEM. This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if FDEM determines that a sub-recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant sub-recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to FDEM for assistance. Examples of TA include but are not limited to: • Equipment selection or available vendors 69 • Eligibility of items or services • Coordination and partnership with other agencies within or outside the region or discipline • Record Keeping • Reporting Requirements • Documentation in support of a Request for Reimbursement On-Site Monitoring will be conducted by FDEM or designated personnel. On-site Monitoring visits will be scheduled in advance with the sub-recipient agency POC designated in the grant agreement. FDEM will also conduct coordinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. On-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/ 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. 70 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. All objectives of the site visit will be explained during this time. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item selected for review should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.)should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per sub-recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm 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 oepT i-dedTfo account-Ter-that-particularpiece'ofequipmenty 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 worksheets and backup documentation as a team and discuss the events of the on-site monitoring. Within thirty(30) calendar days of the site visit, a post monitoring letter 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 post monitoring letter to that effect will be generated and sent to the sub-recipient. The sub-recipient will submit a Corrective Action Plan within a timeframe as determined by FDEM. Noncompliance on behalf of sub-grantees is resolved by management under the terms of the Sub-Grant Agreement. The On-Site Monitoring report and all back up documentation will then be included in the sub- recipient's file. 71 • 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 facilites 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 securty • Physical Security Enhancements,including but not limited to: o Lighting o Fencing o Closed-circuit television(CCTV)systems o Motion detection systems 0 Barriers.,doors,_gates and.related,security_enhancementss In addition,the erection of communications towers that are included in a urisdicticn'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 rev's,. EHP DETERMINATION PROCESS Submit the Final Screening Memo to the SAA for review prior to funds being expended. 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. IL 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. 72 • • • ATTACHMEMT L MANDATORY CONTRACT PROVISIONS Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the require provisions. The Division provides the following list of sample provisions that may be required: OMB Guidance Pt,200,App. 11 t'Tli Da'to-Bacon Acis,as amended(40 U.S.C, materials or artoles ordinarily available on 3141-2142).',1 When required by Federal program the open market, or contracts for tranapor- legislation.all prime,conotruction contracts Cation or transrntanlon of intelligence. in excess of 52,000 awarded by non-Rederal (F) Rights to Inventions Marla Under a an n Liar most 1nciuda a provision for oomph- Contract or Agreement.If the Federal award anon with the Davis-Beacon Act (40 U.S.C. meets t11e definition of'funding agrearn_n" 3141-3144, and 31-113-3112) as suppiarnented by under 37 CPtI 1401,2(a)and the recipient or Department of Labor regulations (22 CPR subreoipter-t wishes to anter Into a contract ?tit 5, "Labor Standards Provisions Apple- with a small business firm or nonprofit ores- cable. to Contracts Covering Federally Ft- al:at in regarding the onhotitution of par- es-aced and Assisted Construction"), In ac- ties, a liniment or performance of expert- cord_vnce with the statute,contractors must mental, developmental, or research work N required to pay wages to laborers and ma- under that'lending agreement,"the reale€- chani s at a.rata not lees than the prevailing ant or subrecipient must comply with the re- wages specified in a wage determination quiromeatsof 31 CFR Part 401,"Rights to In- , made by the Secretary of Labor.In addition, vent-tons Made by Nonprofit Orgardza:tioao 'contractors must be required to pay wades and Small Business Firms Under Govern- • not loss than once a weep..The non-Federal meat Grants Contracts and Cooperative • entity must place a copy of the current pre- Agreements,"and any implementing regula- iling wage de—termination issued ty the Ile- tons-issued b)rthe.awarding agency, p>:rtrier.t of Labor in each solicitation,T e (G)Clean Air-Act(121S.S,C."4017071q.1 and 77 --`----deet:;.E:sn-tc-awaral-a ntiuntr?:;,;ter uafiiuitract=•—the-FederalWater-Fnl;urtoy-Gonfrol-4oe-tui - � • must be conditioned upon the acceptance of U.S.C.1251-1327),as amended—Contrarts and the wags determination_Tao non Federal en- an qr=ata of amounts in excess of 11.50,CO) • tIry must report all suspected or reported muss contain a provision that requires the • violations: is the Federal awarding agency. non-Federal award to-tree to comply with The ntrarc must also include a provision all applicable standard_, orders or regula- tor compliance with the Copeland "Anti- tor' issued pursuant to the Clean Air Act Kickbank' Act (11 U.S.C. 3143], as supple- (42 U.S,C. 74,31-7671q) and the Federal Water mcrttod by D paArnont of Lali r regulations Foliation Control Ant as amended(,3 CFP Part 3, "Contractors ani Sub- 1231-1237).Violations rust be reported to the contractors on Public Building or Public Federal awarding agency end the Regional Work Financed 1a Whole rr in Part,by Loans Office of the Dovl_pnmootal Protection or Grants frac:the United Sra;,es"`).The Act Agenry(EPA), provides that ac:h contractor or mit- '11) Mandatory standards and polices rc- • rac'aisnt must be prohibited from inducing. :aster t,o artern7 efficiency which are ccn- b° any means. any person employed In the tinned in the state anergy c,nervation plan oyer o.ructinrcompletion,or repair of public issued to compliance with the Energy Trolley work, to Mire up any part of the compausa- and Coaserratfon Act(42 U.S.C.DM). ton to which he or she is otherwise entitled, {L'I Debarment and Suspension (Eaaontt^,e The non-Federal entity must report ail sus- Orders23?2 and 12623;—A contract award pentad or reported violations to the Federal (see 2 CFP 130.2211))moist not be made to par- awarding agency, tles listed en the governmentwide Excluded (n; Contract Work Hears and Safety Parties ListSystemin the System for Award Standards Act (1e? U.S.O. =1_5130),21110)_ where management(SAM), in ar:i ortiarce with the :appli colo,all contracts awarded by the non- 01IB gaideltres at 0 cor110 that implemeent Federal entity in chore of 1100,100 that ire- Executive Orders 1254g (. CFR Part 100€ calve_Le employment of mechanics or labor- Comp., p. 139) and 12E23 (3 CFR. Part 1089 ars must include a provision for compliance Comp„p..233),"Debarment and Suspension." with 10 IT.S.C.U.S.C.3,0=2Ind 3-1€04,as supplemented The Pedaled Porten List. SJotorri in SAM by IDepartmer,t.of Labor regulations(29 CPR contains tha names of parties debarred, sus- . Part 5).Under 40 U.S.C.3712 of the Act,each pended,or otherw€sse,exeludedby agencies,as contractor must be required to compute she well as parties declared ineligible under stat- wages of every mechanic: and laborer urn the utorir or regulatory authority other than Es- tates of a standard work week of 40 hours. ecutrve Order 2:343. Work in Oscars of the standard work week is (3F) Byrd Ant-Lobbying Amenthnent (31 permissible provide:3 that the worker is coin- U.S.C. l3-537—Conti_ore that apply or bid penes:te_d at a.rata of not less than one and a for an award of 51343,000 or more must file the half times tae basic rata of parr for all hours required certification. Each tier certifies to worked In excess of 40 hours in the work the tier above that it will not and hau not week.The regitirernenta of 40 1.7-5.G.3.1111 are used Federal appropriated funds to pay any apTlicable to construction work and provide person or organimtion for influencing or at- that no laborer or mechanic is must be re- tempting to Influence an officer or employee mitred to work in surroundings or under of any agency,a member of Congress,officer working conditions which are uno initary, or employee of Congreos,or an employee of a hazardous or dangerous.'These requirements member of Congress in connection with ob- do net apply to the purchases of supplies or taming any Federal contract, grant or any 195 • 73 Pt.200,App. III 2 CFR Ch. H (1-1--11 Edition) other award covered lay #? TLS.C. 136.9. Foch rI) Snassored remarch means all reo arch tier nu.at also, disclose any lobbying with and development activities that aro non- non-Federal funds that tall:; place in non- sorad by Fold,_~al and non-Federal a moles neetion with obtaining any Federal award. and organizations.This Term includes a.ctt t- Sa+,;ii discIor,uras are, forwarrded from tier to ties in—'xi1-Ine. the training, or Individuals In tier up to the non-Faderai award. ram±aro1i tachntr{nes. (commonly called re- (r,:t See 1 CO-1222 Pracuraman GE ra<a;;^_rad searchtrwtolnn)where such activities utilize materials. the same facilities as ether research and de- velopment de- t i pnt activities and whsuch a A?FEND1i III TO PART 2D0—I`snmixC1 .re not,included tnLb?,instruction fun'_ (F&�) COSTS II)u_'7TI'FICATION AND two. As'3IG '+Mown, AND RATE DETaPJd A- (.2i flat.wrae&ll research moans all. research TION FOR I:`s:srITUTIO S OF HIGITER and development activities that aro sepa- Bnc'Cti ION( ?,I+'3) ratel,r budgeted and accounted for by the in- stitution n- i ution under an Internalapplication of in- A.us:M&min siitatiar_al funds. University research. for Tai appendixprovides criteria era Poi idar tl- purposes of this document, must be corn- This and o'opu t a indire (or indirect tined with sponsored re ..a e,h under the, (F r 1))rates at.II'tr (institutions).Ind ri cot 101"tici31 ni er nalr'ed to "erJ.n. VF r�l co aro the that33_Incurrad £.r �.Qt':ar sL F iaared o .l r:((Ca beans program roirancn or lout o�7e + ?. and ga ra£ers and project financed by Federal and non- cannot be Iden I i .1 �1rll' gad spec,ti gutsy Faders:agencies and or;a.n1 atons wn h 10-- ainn s pr t•i .!.,e sponsored project_, an in 7°11'9 the P't orn me of ours rth_r than In- struction n- 3 ra L17. it i ti lt-' or anye' Sr institu- tional - 1ulI- ;oc'tion and organised r s"each. F, 3.m;ia. tonal act +rf See subsection BA, Erefrri_ o: such programs and projects are health tin_i of Facilities azo' tin tnL,ti'er on. fair a •,a_r•rica pr'x,-r_to an=d oomm ntr-r .,ar"ica pra- �.a=_ d _usair n_i t the co_nspona» . 0 :Ti€iire!ct `s-.4iT�..--"-r r �L =II:�'Yii`{C3'"rh85 ar i 'lri (P&A)costs. e ti' C f 1-(e r --tri+}R S''-'1.[i ....e.. outside support, they may be claselfitd as I. ".£i...it functr,.t,(7f:IAA xr t:.:5:'r'0 3.1'er Institutional,.r ri died. r -i tl,.'en r zit t Io moans all as'- a.h_r A..tri;.,of an institution except t;r Instruc- tion, . r1c- tt nal t_« cit ;ts defined_r n -ion: tion, departmenta€ resear n. organised re- ? a"LLlto rr3 $ir and °r_._r.11. d a '1°c pn'—or9a ars 1.l ti a tE-- training activities ,<`an institution, Fzcept t1'rad t7 en SNrtion: far �- ,..r b t sirs r a provided En sus- ri nti.. r e ad 1n , Li A pandit tI a _a_ 1)1 b, L_ urns 0 Leo at_ teaching and ' aph E. ..tt 1a :'icatton and assignrner.t of 1r:- training - train_ 'e rla..i ,s.:er o, they a:3 oi:.sr-nr' direct (t3- 'f co:st9 and spox. t iced soririces _. credits toward a`' a ee or certificate or a_i.itie, d - d orib_ in 1200.442 Specialized on non—credit-•nr° 1t. six and whether they are service act t.iso of to Par', offered theca._a r-r,liar academic: depart- Fvani;.ees of other institutional activities mints or separate divisions. .ch?s a sum- include operation of residence halls, dining hails, hospitals ita and clinics, Student anions, tiler hem division or ;n extension d€ islan. p Als,c, considered parr of this 'Lairor ton ticil 1:ltorv"ol.ia?i=._e athletics.bookstores,ftifculty are departmental e nroi, and; whore housing. student a artment guest houses. agreed to.university r research. 1a__ic,theaters,public museums.and ether 411seor30r d"r_s'truLalr n and tra rc a l moans similar auxiliary erterpidnos.This definition spanif o Inz,tructii onal or training activity,;:- also incudesmay other categories of atie- ' aconera.ora tine cost, of which are "unailowabl:e" to tg dill he3 ug grant, pose 'to+". vii. manic otll£S' 19a 'nd,.ctt•ed :x:,*•ua,l=rt For purposes at: the cast prtn_ t �3srn€ ah.t_�,; un (Spies, this ativity may be considered a In an.award, major function oven though an institution's 2..C'ri`er'.s:for FJtirrilistion. accounting treatment may include It in. the Instruction function, a.Bass period. A bass period for distribu- (2) fdeperINOttal research means research, "utori of indirect (F&A) casts is the period do'eaiopmt`.ent and scholarly activities that during which the costs are Incurred. The ars not organized research and. con- base period normally should coincide with sequently, aro not separately budgeted and the fiscal year established by the€nstitutic'n, accounted for. Departmental r=-search, for but to any avant the Bass period should he so purposes of this document,is not considered selected as to avold Inequities in the as a major function,but as a part of the in- tribution of costs. struction function of the institution, b. meed Jar scat praugun.gs. Tao overall eb- b. 01- Ctitted research means all research jecti ve of the indirect(P&A)cost allocation and development ant activities of an Institution process is to distrlbuta the indirect (F&Ar that are separately budgeted and accounted costs described to S-action B, Identification for.It Includes: and assignment of indirect (FfeA) costs. to 196 74 Exhibit 2 of MOA nn n n 0 0 IC v W c li G G C C C 3 v, n ,. > > yTT ay Y 0 C n z - tZ c r: 3 N _ '-z r 2 0 2 1C 2 0 0 0 c - c o n o m - 3 o c : = = = -- g c d G P'1 - 111; n - - - - a 2 __ a m N Z Z n m r, C C rhe C n 3 _ d C R f: T R !D r .. L' C --5- , ~g 74 .^, r L < - u - - - 3 ; o C C r< n U n EU G - - '� r D s c 1 < c. C 1j' 1� u c = E. E. Ic - I�I " I- 1: 6 -c. - - ..:€ _ .r -r w - _ r z. I� IT. n d C -C N O 'fir. d ii.:> �, Q1 u N - N c i i r { 17 _o IR r' ti �T I, Iry tm IY 2 5 I< f< < ? '+ 3 3 3 _ I f V. IT IT m v R Ir 2. I 1 N r- -- F.' C C 1C C 1C _C IC 1C - I C I~ O `� IS O C IC ^ �c Icn C IC N V i C. 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