HomeMy Public PortalAbout2020-02 Authorizing the purchase of security equipment from Convergint Technologies LLCRESOLUTION NO. 2O2O.O2
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, AUTHORIZING THE PURCHASE
OF SECURITY EQUIPMENT FROM CONVERGINT
TECHNOLOGIES, LLC; APPROVING A MEMORANDUM
OF AGREEMENT FOR JOINT COMPLETION OF AN
URBAN AREAS SECURITY INITIATIVE PROGRAM
WITH THE CITY OF MIAMI FOR THE PURPOSE OF
CARRYING OUT URBAN AREAS SECURITY INITIATIVE
PROGRAM OBJECTIVES; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne (the "Village") has identified equipment and
sustainment needs that have been included in the local Urban Area Security Initiative Program
(the "UASI") spending plan, which offers funds for the payment of such equipment and
sustainment needs accessible through the Florida Division of Emergency Management; and
WHEREAS, the Memorandum of Agreement for Joint Completion of the UASI between
the City of Miami (the "City") and the Village attached hereto as Exhibit'oA" (the "Agreement")
provides for carrying out the UASI objectives as part of a Homeland Security initiative; and
WHEREAS, the Village sought proposals from four vendors for security equipment that
would be compatible with the Village's existing systems and with the UASI spending plan; and
WHEREAS, Convergint Technologies, LLC (the "Vendor") was the only vendor who
submitted a proposal for eligible and compatible security equipment, which proposal is attached
hereto as Exhibit "B" (the "Proposal"); and
WHEREAS, after review and evaluation of the Proposal, the Village Manager
recommends that the Village purchase the security equipment from the Vendor; and
WHEREAS, the Village Council seeks to authorize the Village Manager to execute the
Agreement with the City and purchase the security equipment from the Vendor consistent with
the Proposal in an amount not to exceed $18,000.00; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Approval of Agreement. That the Agreement, in substantially the form
attached hereto as Exhibit "A", is hereby approved, subject to approval by the Village Attorney
as to form and legal sufficiency, and the Village Manager is hereby authorized to execute the
Agreement, on behalf of the Village.
Section 3.Authorizins Purchase of Eo and Source of Funds. That
pursuant to the Agreement, the purchase of equipment to strengthen and protect the community
against chemical, biological, radiological, and nuclear threats, in an amount not to exceed
$18,000.00 is hereby approved. The purchase shall be made from the Vendor consistent with its
Proposal attached hereto as Exhibit '0B." The source of funds for the purchase shall be UASI
grant funds on a reimbursement basis in the amount of $15,427.00, as described in the
Agreement, and any cost in excess shall be funded from the Village's General Fund. Any
changes in the description of the purchased equipment shall be authorized by the Village
Manager and shall be in accordance with the terms of the Agreement and UASI grant terms.
Section 4. Implementation. That the Village Council hereby authorizes the Village
Manager to execute any purchase order or required documentation for the purchases described in
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this Resolution, subject to approval by the Village Attorney as to form and legality, and to take
any action which is reasonably necessary to implement the purpose of this Resolution.
Section 5. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 28th day of January, 2020.
I )
W. DAVEY
ATTEST:
CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
IN
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Exhibit A
MEMORANDUM OF AGREEMENT
URBAN AREA SECURITY INITIATIVE FY 2018
"Villaqe of Kev Biscavne"
Agreement Number: 1g-DS- -11-23-02-
FAIN Number: EMW-201 8-55-00064
CFDA #: 97.067
LoTAna{by and between the City
of Miami, a municipal corporation of the State of Florida, (the "Sponsoring Agency") and the Village of Key
Biscayne, (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 $5,700,000 dollars through the Urban Area Security lnitiative (UASI)
Grant Program 2018; and
WHEREAS, the Sponsoring Agency is the coordinating agent for the Miami UASI Grant Program
2018; 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 2018 and
involve core cities, core counties, contiguous jurisdictions, mutual aid partners, and State agencies; and
WHEREAS, the 2018 Urban Area has been defined Miami and Ft. Lauderdale collectively and
anticipates sub-granting a portion of the UASI funds in accordance with the grant requirements; and
WHEREAS, the City Commission, by Resolution No. R-19-0025 , adopted on Januarv 10, 2019,
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:
This Agreement is entered into this di"rot 7*r.ru*t..t
Exhibit A
I. PURPOSE
A. This Agreement delineates responsibilities of the Sponsoring Agency and the Participating Agencies
for activities under the UASI Grant Program 2018 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.
il. scoPE
A. The provisions of this Agreement apply to UASI Grant Program 2018 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 lnfrastructure: 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 2018: The UASI Grant Program 2018 reflects the intent of Congress and the
Administration to enhance and quantify the preparedness of the nation to combat terrorism and
continues to address the unique equipment, training, planning, organization and exercise needs of large
high threat urban areas, and program activities must involve coordination by the identified core city,
core county/counties, and the respective State Administrative Agency. Funding for the UASI Grant
Program 2018 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 plan, prevent, protect, mitigate, respond to, and recover
from threats or acts of terrorism for the selected urban areas.
National lncident 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 complexity. To
2
D
Exhibit A
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 Stakeholder Preparedness Review.
D. Ensuring the participation of the following critical players in the assessment and strategy development
process: law enforcement, emergency medical services, emergency management, the fire service,
hazardous materials, public works, governmental administrative, public safety communications,
healthcare and public health.
E. Developing a comprehensive Urban Area Stakeholder Preparedness Review and submit to the SAA
POC.
F. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1"
G. Ensuring satisfactory progress toward the goals or objectives stipulated in "Exhibit #1"
H. Following grant agreement requirements and/or special conditions as stipulated in "Exhibit #1"
-t
Exhibit A
l. Submitting required reports
V. THE PARTICIPATING AGENCIES SHALL BE RESPONSIBLE FOR:
A. Providing an administrative department, which shall be the main liaison and partner with the City of
Miami Fire-Rescue Department, authorized to carry out the herein agreed upon responsibilities of the
Sponsoring Agency.
B. Participating Agencies and any sub-grantees must abide by the grant requirements including budget
authorizations, required accounting and reporting expenditures, proper use of funds, and tracking of
assets as stipulated in "Exhibit #1".
C. Submitting quarterly reports to the City of Miami detailing the progress of projects to include direct
purchases of equipment or services as stipulated in "Exhibit #1".
D. Complying with all UASI Grant Program 2018 requirements as stipulated in "Exhibit #1"
E. Participating as a member of the Urban Area Working Group to include coordinating with and assisting
the City of Miami in conducting a comprehensive Urban Area Assessment, which in turn will guide
development of an Urban Area Stakeholder Preparedness Review.
F. Ensuring the participation of the following critical players in the assessment and Stakeholder
Preparedness Review development process: law enforcement, emergency medical services,
emergency management, the fire service, hazardous materials, public works, governmental
administrative, public safety communications, healthcare and public health.
G. Assisting the sponsoring agency in development of a comprehensive Urban Area assessment and
Stakeholder Preparedness Review.
H. Complying with the requirements or statutory objectives of federal law as stipulated in "Exhibit #1"
l. Ensuring satisfactory progress toward the goals or objectives as stipulated in "Exhibit #1"
J. Submitting required reports as prescribed by the Sponsoring Agency as stipulated in "Exhibit #1"
K. Maintaining an equipment inventory of UASI purchased items.
L. Ensure that equipment obtained from the UASI Grant Program 2018, as identified in "Exhibit #2", is
readily available for use by personnel trained to use such equipment for actual emergencies or
4
Exhibit A
exercises. Also, ensure that such equipment is readily available for onsite monitoring by DHS, DEM,
and the Sponsoring Agency. lf the Participating Agency is incapable of staffing the equipment, such
equipment shall be made available to another Participating Agency for use during any actual
emergencies or exercises. Failure to ensure equipment availability may result in loss of funding and/or
equipment to the Participating Agency.
M. All equipment obtained from the UASI Grant Program 2018, as identified in "Exhibit 2", is the sole
responsibility of the receiving agency. This includes, where applicable, maintenance, replacement,
training on equipment, and insuring of equipment and personnel, and compliance with intra-agency
auditing requirements.
VI. THE SPONSORING AGENCY AND THE PARTICIPATING AGENCY AGREE
A. That funding acquired and identified for the Urban Area Security lnitiative 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".
C. The Sponsoring Agency is not responsible for personnel salaries, benefits, workers compensation or
time related issues of the Participating Agency personnel.
D. The Sponsoring Agency and Participating Agency are subdivisions as defined in Section 768.28,
Florida Statutes, and each party agrees to be fully responsible for the respective acts and omissions of
its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver
of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein
shall be construed as consent by a municipality, state agency or subdivision of the State of Florida to
be sued by third parties in any manner arising out of this Agreement or any other contract.
E. This is a reimbursement grant that requires the Participating Agencies to purchase, receive, and pay
invoices in full for equipment, services, and allowable personnel costs PRIOR to submitting the same
for reimbursement to the Sponsoring Agency.
VII. FINANCIAL AGREEMENTS
A. Financial and Compliance Audit Report: Recipients that expend $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.
5
Exhibit A
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 2018 assistance
for audit and examination purposes, provided that, in the opinion of the Secretary of Homeland Security
or the Comptroller General, these documents are related to the receipt or use of such assistance. The
grantee will also give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine all records, books, papers or documents related to
the grant.
C. Financial Status Reports are due within 14 days after the end of each calendar quarter. A report must
be submitted for every quarter that the award is active, including partial calendar quarters, as well as
for periods where no grant activity occurs as stipulated in "Exhibit 1".
D. Submit progress reports to describe progress to date in implementing the grant and its impact on
homeland security in the state.
E. All financial commitments herein are made subject to the availability of funds and the continued mutual
agreements of the parties as identified in "Exhibit 2".
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 fullforce and effect.
C. This Agreement may be terminated by either party on thirty (30) days written notice to the other party
at the address furnished by the parties to one another to receive notices under this agreement or if no
address is specified, to the address of the parties' signatory executing this contract.
D. This Agreement shall be considered the full and complete agreement between the undersigned parties,
and shall supersede any prior Memorandum of Agreement among the parties, written or oral, except
for any executory obligations that have not been fulfilled.
6
Exhibit A
E. This Agreement will end on June 30, 2020, unless otherwise extended, by a written amendment duly
approved and executed prior to June 30, 2020, 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 MlAMl, a municipal
Corporation of the State of Florida
ATTEST
BY BY:
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
Victoria M6ndez
City Attorney
Emilio Gonzalez, Ph.D
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
BY:
Ann-Marie Sharpe, Director
Department of Risk Management
7
Exhibit A
PARTICIPATING AGENCY
tt@tt
ATTEST:
N e
r r\].'rABY:
Mloi *'t-.-"fsrPl
A
€, .-"*,,tu lAf<si"jz^f h
rile: Jilbffcl-rk
NAME:
TITLE:
FID #:
DUNS
APPROVED AS TO FORM AND
CORRECTNESS:
r
Participating Agency Attorney
8
Exhibit A
Contract Number: 19-DS- "11-?3-02.
FEDERALLY.FUNDED SUBAWARD AND GRANI AGREEMENT
2 C.F.R. $200.92 states that a "subaward may be providecl through any lorm of legal agreerflent, Including an
agre€ment that the pass-through entig considers a contract.''
As defined by 2 C,F.R. $200,74, "pass-lhrough entity" means "a non-Federal entity that provides a subaward to a
Sub-Recipient to carry out part of a Federal program."
As defined by 2 C.F.R, 5200.93. "Sub-Recipient' means "a non-Fodpral entlty that receives a subaward from a
pass-through erttity to carry out part of a Federal prograrn."
As defined by 2 C.F,R. $200.38, "Federal award' means "Federal financial a$sistance that e non-Federdl entity
receives clirectly from a Fedoral awarding agency or indirectly from a pas*-through entity,',
As defined by 2 C.F.R, $200.92, "subaward" means'an award provided by a passthrough entity to a Sub.
Recipient for the Sub-Recipient to catry out paft of a Federal award received by the passthrouoh entity,"
The following information is provlded pursuant to ? C.F,R, 9200.331(a)('l):
Sub-Recipiert's name;
Sub-Rocipient's unique entity identifier:
Foder€l AwarC ldenUfication Number (FAIN);
Federal Award Date:
Subaward Period of Performance Start and End Date:
Arnount of Federal Funds Obligated by this Agreement:
Total Amount of Federal Funds Obligated to the Sub-Reclpient
by the pass-through entity to include this Agreement:
Total Amount of ths Federal Award committed to the Sub-Reclpient
by the passthrough erttityr
Federal award project description (see FFATA):
Name of Federai awarding agency:
Narrre of pass{hrough entity:
Contact information for the pass-through entity:
Catalog of Federal Domestic Aosistance (CFDA) Number and Name:
$/hother the award is R&D:
lndirect cost rate for the Federal award:
Cibr oltvljeplFire Roscug - .__ _
EMW-20:l8-53-0AA64 _
Seotember01,2018
Date.pl Etacu.tiqn :_1 2i3 1 12020
$5.700,000.00 _ ___,_
tu
$5,700,000.00
$€e Articiq 1, Aoreement,Artictes:
Ftulw.-_?o 1 B-s s:q0.9$4.s 0 1.
Deot..of H_qltqland S eguritv
FL Div, of Emerqency &lanagemer[
?55q sh umafd Oak esulerc{d
Tallaha$sea Flori{a 3231 I
97.067 HoFeland Sequlity Prooram
NOJN/A/)
28.33%
Exhibit 1
Exhibit A
THls AGREEIVIENT is entered into by the state of Florida, Division of Emergency lvlanagement, withheadquarters in Tallahassee, Florida (heroinafter referred to as the "Divlsion,,), and the citlr.of lvliami Firg Rescue.(hereinafter referred to as the',Sub-Recipient,,).
For the purposes of thls Agroement, the Divioion serves as the pass.through entity for a Federai award, andthe Sub-Recipient serves as the recipient of a subaward.
THIS AGRFENIENT IS ENTFRED INTO BASED ON THE FOLLOWING REPRESENTATIONS:A' The sub-Recipient represents that it is fully qualified and eligible to receive these grant funds lo providethe services identified herein;
B ' The state of Florida received these grant funds from the Federal governmen t, and the oivisi'n has theduthority to subgrant these funds to the sub'Rocipient upon the terms and conditions outljned below; and,c' The Division has statutory authority to disburse the firnds under this Agreement,
THEREFORE, the Division and the sub"Recipiont agree to the forowing:
(1)
2 c'F'R' 5200'302 provides: "Each state must expend and account for the Federal award inaccordance with state laws and procedures for e.rpending and accounting for tho state,s own funds.,, Therofore,section 215'971' Florida statutes, enlitled "Agreements funced wrth federal or state assistance,,, applies to thisAgreement,
{r)
a' The sub-Recipient's performance under this Agreement is subject to 2 c.F.R. part 200,entitled 'uniform Administrativ€ Requirements, cost Principles, ancl Audit Rsguiremenis for Federal Awards,"b' As required by Seclion 215.971(1) Florida statutes, lhis Agreoment includes;i' A provision specifuing a scope of work that clearly establishes the tasks that theSublReclpient is required to perlorm.
ii A provision dividing tlre agreement into quantiflabJe units of deliverables tha( rnust bereceived and accepted in writinS; by the Division before payment. Each deliverable must be directly related to thescope of wor'< and speciiT tho required minirnum level of service to be performed and the criteria for evaluating thesuccessful compleilon of each deliverable,
lli' A provlsion specifuing the financial consequences that apply if the $ub-Recipient l.ailsto per"orm the minirnum lerrel oi seryice required by the agreement,
lv' A provision specifuing that tho sub-Recipient may expend funds only for eflowablec05te resulting frorn obrigations incurred rluring the specified agreernenr period,
v' A provision specifying that any balance of unobrigated funds which has be enqdvanced or paid must bo refunded to the Division.
vi' A provislon specifying that any funds paici in excess of the arnounl to which the sub-Recipient is entitled under the terms and conditions of lhe agreement must be refunded to the Division.c' ln addltian t0 the loregoing, the sub-Recipient and the Division ehall be governed by gll
applicable slale and Feclerai laws, rules ancl regulations, including those identifled in Attachrnent D. Any expressreference in this Agreem€nt to a particular statute, rule, 0r regulation in no way implies that no othor statute, rule, orregulation applies.
(3) CONTACT
2
Exhibit 1
Exhibit A
a' ln accordance with section 215,s71(2), Florida statutes, the Division's Grani fvlanager shall be
responsible for enforcing performance of this Agreernent's tenns and condltions and shall serve as the Division,s
liaison with the Sub-Recipient. As part of his/her duties, the Grant tutanager for the Division shall:i. lvlonitor and document Sub-Recipient performance; and.
ii Review and document all deliverables for which the Sub.Recipient requests payment.b. The Division,s Grani [/anager for thjs Agreement isr
ivJichpet J. Dav
2855 ShUmard Oqk.Boulevard
Tqltah asFee. Florida 323.99-2 1g-Q
Telephone; (gS0) B1 S_4Q49
Email: tutichael, Day@em,mvlloridg,com
c' The name and adCress of the Representative of the Sub-Recipient responsible for the
administration of this Agreement is:
ChieiP.elp Gonfez
444 $4/ 2rd Ave.nue. lQtt' Floo.r
lVliami. EL 33130
Telephone: QQF.41 6-5402
Fax: i05-5Q9.40/0
Ema i l: Qgonrez@miamiqov..co{n
d' ln the event that different represenlatirres or acldresses are clesignated by elther party after
execufion of this Agreement, notice of the name, title and address of the new representatlve wili be provided to the
other party.
(4) TER|VIS ANp CQNptTlOt[i
This Agreement contains all the terms and concJitions agreed upon by the parties.
(5) E-XEC{JTtON
This Agreement may bo execuled in any nurnber of counterpart$. any one of which may be takon
as an original,
(6) lvloDiFrCA'ngN
Either parly may request modificalion of the provisions oi this Agreement. Changes which are
agreecl upon shall be valid only when ln wrlting, signed by each of the parties, and attached to the original of this
Agreement.
(7) S.QOPE OF WORK,
The $ub-Recipient shall perform the wotk in accordance with the Budget and Scope of Work,
Attachment A and B of this Agreement.
(B) PERtop Of.AcREEMHflT,
This Agreement shat begin upon execution by both pafties and shalr end on 0ge!&cla]-z_Q?0,
unless terminated eariier in accordance with the provisions of Paragraph ( l /) ol this Agreernent. Consistent with the
definition of "period of performance" contained in 2 C,F.R. 5200,77, the term "period of agreement'' refers to the time
during which the $utsRecipient "may incur new obligations to carry out the work authorized undef' this Agreernent,
ln accordance wlth 2 c,F'R. 9200'309, the sub'Recipisnt may recelve reimbursement under this Agrsement only for
"allowable costs incurred during the period of performance," ln accordance with section 215.g71(1xd), Florida
J
Exhibit 1
Exhibit A
Statutes, the Sub-Recipient may expend funds authorized by this ,Agreemenl "only for aliowable costs resulting from
obligations incurred during" the period of agreement.
(e) FUNptN0
a" This is a cost-reimbursement Agreernent. subject to the availability of iunds.
b' The State of Florida's perforrnance and ohligation to pay under this Agreement ls contingsnt
upon an annual appropriation by the Legisiature, and subject to any rhociification in accordance with either chaoter
216, Florida Statutes, or the Fjorida Constitution.
c' The Division will reimburse the Sub-Recipient only for allowable costs incurred by lhe Sub-
Reciplent ln the successful completion of each defiverable. Ihe maximum reimbursement amount lor each
deliverable ls outlined ln Anachment A and B of this Agreement ("Budgel and scope of Work',). The maximum
reimbursement amount for the entirety of this Agreernent is $s.200,000 00,
d' As requirecl by 2 C'F.R, $200.415(a), any request for payment under this Agreement must
include a cortllication, t,nn* ot-un otl'.,u, *no ,* ur,,hor'r"o tq'agal'u o,noJnr tro-Rrrio,un,, which reads as
follows: "tsy signing this report, I certif,T to the best 0f rny knowtedge and bellei that the report is true, complete, and
accurate' and the expenditures, disbursemenis and cash recelpts are for the purposes and objeclves set fgrth in the
termsandcortditionsof theFederat award. lama'trarethatanyfalse,fictitious,orfraudulenlnformation,orthe
omission of any material fact, may sLibject rne to crhninal, civil or adminlstrative penalties for fraud, false statements,
false claims or otherwise, (U,s. code Title 'lB, $ection 1001 and Title 31, sections 372g4rcaand 3801-3g12).,,e' The Division will review any request lor reimbursenrent by comparing the documentatipn
provlded by the Sub-Recipient against a performance rnedsur€, ouflined jn Attachment A and B, that clearly
delineates:
i' The required minirnum acceptable lever r:f service to be porformed; and,ii, The criteria for evaluating the successful completion of each delirrerable.f' The perfornlance measure required by seciion 215,971(1)(b), Florida statutes, remains
consistent with the requirernent for a "porformance goaln, which is defined in 2 c.F,R. $200.76 as ,,a target level of
performance expressed as a tangibl€, measurable objoctive, against which actual achievement can be compared.,, lt
also remains consistent with the requlrement, contained in 2 c.F,R. 9200.J0i, that the Division and the sub.
Recipient"relate financial data to perforrnance accompllshments of the Federal award.,'
S' lf authorized by the Federal Awetrding Agency, then the Division will reimburse the Sub-
Recipient for overli,"ne expenses in accordance with 2 c.F.R, $200,4g0 ("Compensation-personal services',) ancl 2
c'F'R 5200 431 ("compensalion-fringe benefits"). lf the sub-Recipient seeks reimbursement for overtime
expenses for periods when no work is performed due to vacation, holiday, illness, failure of the enrployer to provide
sufficient work, or other similar catrse (see 2s U,S.c. $207(e)(2)), lhen tho Division will treat the expense as a fringo
benefit' 2 c F'R' $200,a31(a) defines fringe benefits as "ailowances end services provided by employers to their
employees as cornpensation in addition to regular salaries and wages," Fringe benefits aro allowab{e under this
Agreement as long as the benefits are reasonable and are required by law, sub-Reciplent-employee agreement, or
an established policy of the sub'Recipient. 2 c.F.R. 9200.431{b) provides thatthe cost of fringe benofits in the form
of regular compensation paid to employees during periods of auihorized 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 il ali of the following criteria are met:
i. They are provided under established written teave policies;
4
Exhibit 1
Exhibit A
ii. The costs are equitably allocated to all relatecJ activities, including Fetjeral awarrls;
and,
iii. The accounting basis (cash or accrual) selected for costing each type of leave is
consistently followed by the non-Foderal entity or specified grouping of employees,
h. lf authorized by the Federal Awarding Agency, then the Division will reimburse the Sub-
Recipient for travel exponses in accordance with 2 c,F,R. $200.474. As required by the Reference Guide for state
Expendiiures, reimbursement for havel must be in accordance with section 112.061, Florida statutes, which includes
submission of the claim on the approved slate tra'/el voucher. lf tho Sub-Recipient seeks reimbursement for travel
costs that exceed ihe amounts stated ln section 1 12.061(6Xb), Florida Statutes ($6 for breakfast, $1i for lunch, and
$19 fordinner), then the sub-Recipient must provide documentation that:
i. The costs are reasonable and c,o not exceed charges normally allowed by the sub-
Recipient in its regular operations as a result of the Sub-Recipient's wrltten travel policyi and,
ii. Particlpation of the indiviclual in the travel is necessary to the Federal award.
i' The Oivi$ion's grant manager, as required by section 215.971(2[c), Florida Statutes, shail
reconcile and verify ail funds received against all fund$ expqnded during the grant agroement period and produce a
final reconciliation report. The final repod must identjty any funds paid in excess of the expenditures incrlrred by the
Sub-Recipient.
i' As derined by 2 C'F,R. $200,53, the term "improper payment" means or includes:
i, Any paymeni that should not harze besn made or that was made in an incorect
amouni (includlng o'/erpayments and underpayments) under statutory, contraclual, administrative, or other legally
applicable requirernents; and,
ii' Any payrnent to an ineligible party, any payment for an ineligibie good or service, any
duplicate payment, any payment for a good or service not received (excopt for such payments where authorleed by
law)' sny payment that does not account for credit for applicable discounts, and any payment where lnsuflicient or
lack of documentauon prevents a reviewer fr0m discerning whether a payment was proper.
(1 0) RECORpS
a' As required by 2 c.F.R, S200.336, the Federal awarding agency, lnspectors General, the
Comptroller General of the United States, and the Division, or any of their authorizeci representatives, shall enjoy the
right of access to any documents, papers, or other records of the Sub-Recipient which are pertlnent to the Federal
award' in older to rnal(e audits, examinations, excerpts, and transcripts, The right of access also includes timely and
reasonabie access to the sub"Reclpient's personnel for the purpose of interview and discussion related to such
docurnents. Finally' the right of access is not llmited to the required retention period but lasts as long as the records
are retained,
b. As required by 2 c'F.R. $200.331(aXS), the Division, the Chief lnspector Generaj of the State
of Florlda, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to
any documents, financial statements, papers, or other recordg of the $ub-Recipient which are pertinent to thj$
Agreerflent, ln order to rnake aucllts, exarninatlons, 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 djscussion reiated to such
documents,
c' As required by Florida Department of State's recorrJ retention requirements (Chapter 119,
Florida Statutes) and by 2 C.F.R. $200,333, ihe $ub-Recipient shall retain sufficient records to show its compliance
5
Exhibit 1
Exhibit A
with the terms of lhis Agreement, as weil as the compliance of all subcontractors orconsultants paicl fronr funcls
under this Agreernent, for a period of fiVq (5) years from the date of submission of the final expenditure report. The
following are the only exceptions to the five (S) year requirement;
i ' lf any litigation, claim, or audit is started before the expiration of the 6-year period,
then lhe records must be retainocl until all litigation, claims, or audit findings involving the records haye been resolvecl
and final action taken.
ii. t//hen the Division or lho Sub-Recipient is notified in writing by the Federal awarcJing
agency, cognizant agency for audit,.oversight agency for audit, cognizant agency for indirect costs, or pass-through
entity to extend the retention period.
lii. Records for real properly and equipment acquired with Federal funds must be
retained for 5 years after final disposition.
iv. when records are transferred to or rnainta ined by lhe Federel awarding agency or
pass'tlrrough entity. the 5-year retention requirement is notapplicable to the Sub-Recipient.
v. Records for prograrn income transactions after ths period of performance. ln some
cases recipients must report program income after the period of performance. Where there is such a requirement,
the retention period for the records pertaining to the earning of the prograrn income starts from the end of the non^
Federal entityrs fis661 year in which the program income is earnod.
vi. lndirect cost rate proposals and cost ailocations plans. This paragraph applies to the
following types of documents and their supporting record$: indirect cost rat€ computations or proposals, cost
allocation plans, and any similar accoun(ing compulations of the rate at which a particular group of costs is
chargeable (such as computer usage chargeback rates or composite fringe benefit rates).
d, ln accordance with 2 C.F.R. $200.334 the Federal awarding agency must request transfer of
certain records to its custody from the Otvision or the Sub-Recipient when it determines that th6 records possgss
long-term retent'on value.
e. ln accordance with 2 C,F,R, $200,335, the Division must always provide or accepi paper
verslons of Agreement lnformation to and from the Sub-Recipient upon request. lf paper copies are submitted, then
the Division must not requlre more than an original ancl t',vo copies, \iVhen original recorcls are eleclronic and cannot
be altered, thers is nc n€ed to create and retain paper copies, V/hen orlginal records are papor, eleclronic versions
may be subslituted through the use of cluplication orother forms oF electronic media provided that they are subject to
periodlc quality control revie'ivs, provide reasonable safeguarcls against aiteration, and remain teadable,
f' As requirod by 2 C,F.R. $200,303, the Sub-Recfpient shall take reasonabts msasures to
safeguard pro[ected personally idenlifiable information ancl other information the Federal awarding agency or the
Division designate$ as sensitive orthe $ub-Recipient considers sensitive consistent with applicable Federal, $tate,
local. and tritral laws regarding privacy and obligations of conftdentiality.
S. Florida's Government in lhe Sunshine Law (Secticln 280.01 1, Florida Statutes) provides the
citizens of Florida with a right of access to governmental proceeclings and rnandates three, basic requirements: (.1)
meetings of public boards or commissions must be open to fre public; (Z) reasonable notice of such meetings must
begiven; and,(3) rninutesofthemeetingsmustbotakenandpromptlyrecordecl, Themerereceiptofpubliciunclsby
a private entity, standing alone, is insufficient to bring that entiiy within the ambit of the open government
requirenrents' HowQVer, the Government in the Sunshine Law applies to private entities that provirle services to
governmenlal agencies and that act on behalf of those agencies in the agencies' pe,.formance of their pubiic duties.
lf a public agency delegates the performance of its pulrlic purpose to a private entity, then, to the extent that private
6
Exhibit 1
Exhibit A
entity is performing that public pLlrpose, the Government in the Sunshine Law appiies. For example, if a votunteer fire
department provides firefighting servlces to a governmental entity and uses facilities and equipment purchased with
public funds, then the Government in the Sunshine Law applies to board of director$ For that volunteer flre
department. Thus, to lhe extent that the Government in the Sunshine Law applies to the Sub-Reciplent based upon
the fund$ provlded under this Agreement, the meetings of the Sub-Reclpient's governing board or the rneotings of
any subcommittee rnat(lng recommendatlons to the governing board rnay be subject to open governmont
requirernents. These meetings shall be publicly noticed, open to the public, and the minute$ of all the meetings shall
be public records, a'iailable to lhe public in accordance with Chapte. 'l 19, Florida Statutes.
h, Flotida's Public Rocords Law provides a right of access to the records of the state and local
governments as well as to privato ontities acting on their behalf. Unless specifically exempted from disclosure by the
Legislature, all rnaterials made or received by a governmental agency (or a private entity acting on behelf oi such an
agency) in conjunction with official business which are used to perpetuate, communicate, or formaliee knowledge
qualiFT as public records subject to public inspection, The mere receipt of public firnds by a private entity, standing
alone, is insuf{icientto bring that entitywithin the ambit of thc public record requirements. Howevor, when a public
entity delegates a public function to a private entity, the records generarod by the private entity's performance of that
duty become public records. Thus, the nature and scope of the senzices proviCed by a private entity determine
whether thal entity is acting on behalf of a public agency anc is therefore subject to the requlrements of Florida's
Public Records Law,
i, The Sub"Recipient shall ntaintain all records for the Sub-Recipient and for all subcontractors or
consultante to be paid frorn funds provided unCer this Agreernent, including documentation of all program costs, in a
form sufficient to Cetermine compliance with the requirernents and objectives of the Budget and Scope of Work .
y',ttachrnent A and B - and all other applicable laws and regulations.
IF THE CONTRACTOR HAS QUESTIONS REG.ARDING THE APPLICATION OF CH,APTER 1''9, FLORIDA
STATUTES. TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 81F.4156,
Records@em,myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399,
(11)AUDTTS
a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F,R. Part 200,
Subpart F,
b. ln accoltnting for the receipt and expenditure of funds r.rnder 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 specilied in accounting standards issued by the Government Accounting Standards Board (GASB) and the
Financial Accounting Standards Board (FASB),''
c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the
Division shall use Generally Accepted Government Auditing Standards ( 'GAGAS"). As defined by 2 C.F.R. $200.50,
G,AGAS, "also known as the Yellow Book, means generally accepted governmant auditing standards issued by the
Comptroller General of the United States, which are applicable lo frnancial audits.''
d. lf an audil shotvs that all or any portion of the funds disbursed were noi spent in accordance
with the conditions of this Agreement, the Sub-Recipient shall be held liable for reimbursament to the Division of all
funcls not spent in accordance with these applicable regulations and Agreement provisions wilhin thirty days after the
Division has notified lhe Sub-Recipient of such non-compliance,
'l
Exhibit 1
Exhibit A
e. The $ub'Recipient shalJ have all audits completed by an independent auditor, i,,ihich is cjeflned
in section 215,97(2)(h). Florida Statutes, a$ nan independent certified public accountant licensed under chapter 4/3."
The independent auditor shall state lhat the audit complied with lhe 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 liscal year,
f. The Sub'Recipient shall send copies of repofting packages for audits conducted in accordance
with 2 C.F.R. Parl 200, by oron behalf of the Sub-Recipient, to the Division at thefoltowing address:
DElllS in gle_Audit@em.myfl orida.corn
qR
Offtce of the lnsp€ctor General
2555 Shumard Oak Boulevard
Tallahassee, Florlda 32399-2 100
S The Sub-Recipient shall send the Single Audit reporting package anci Form SF-SAC to the
Federal Audit Clearinghouse by submission onlins at;
h ttp ;//ha rvester,census, gov/faclcollect/ddeinclex,htm I
h. The $ub-Recipient shall send any managemeni letter issued by the auditor to the Division at
the following addressr
DEtutSingte_Audit@em.myfl orida,com
OR
Offico of lhe lnspector General
2555 Shumard Oalt Boule'rard
Tallahassee, Florida 32390-? 1 00
(1 2) REPORTS
a. consistent with 2 c.F.R, s200,328, the sub-Recipient shall provide the Divlsion with quarterly
reports and a close-out report. These reports sholl include the current statu$ and progress by the Sub-Recipient and
all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this
Agreoment, in addition to any other information reqLrested by the Division,
b. Quarterly reporls are due to the Division no la{er than 30 days after the end of each quarter of
the program year and shall be sent each quarieruntil submission of the aclministrative close-out report. fhe ending
daiesforeach quartorof the program yeat are lVtarch 31, June 30, Septembor30and December3l.
c, The close-out report is due 60 days after termination of this Agreement or 60 days after
completion of the activities contained in this Agreemenl, whichever first occurs.
d. lf all required repor'ts and copies are not sent to the Division or are not completecl jn a manner
acceptable to the 0ivision, then the Division may withhold further payments Lrntil they are completed or may take
other action as stated in Paragraph (16) REtulEDlES. "Acceptable to the Division" means that the work product was
completed in accordsnce with the Budget and Scope of Work.
e. The Sub.Rocipient shall provide additional program updates or information that may be
required by the Division.
t The Sub"Recipient shall provide additional reports and information identified in Attachment B.
( I 3) rllQNlToRlNG.
a. The Sub-Recipient shall moniior its performance under this Agreement, as well as that 0f its
subcontractors and/or consultants who are pald from funds provicled under this Agreement, to ensure that time
schedules are being met. the Schedule of Deliverables and Scope of Work are being accomplished within the
I
Exhibit 1
Exhibit A
specified time periods, and other perforrnance goais are being achieved. A review shail be done lor each function or
activity in Atlachment A to this Agreement, and reported in the quarterly report.
b. ln addition to reviews of audits, monitoring procedures may include, but not be limited lo, on-
site visits by Division staff, lirnited scope audits, andlor other procedures. The Sub-Recipient agrees to comply and
cooperate with any monitoring procedures/processes deerned appropriale by the Division. ln the event that the
Division determines that a limited scope audit of the SLrb-Recipient is appropriate, the SutrRecipient agrees to
comply with any additionai instructions provided by the Division to ihe Sub-Recipient regarding such audit, The Sub-
Recipient further agrees to comply and cooperate with any inspections. reviews, investigations or audils deemed
necessary by the Florida Chief Financial OfJiceror Auditor General, ln addition, the Dlvlsion wlll monjtor the
performance and financial management by ths 5ub-Reciplent throughout the contract term lo ensure timely
comptetion of all tasks,
(14) LIABILITY
a. Unless Sub-Recipient is a State agency or subdivisiorr, as deflned in section 76&,28(2]r, Florida
Statutes, the Sub-Recipient is so{ely responsible to parties it deals wlth in carrying ou[ the terms of this Agreemont;
as authorized by section 768.2e(19), Florida Statutes, $ub-Recipient shall hold the Dlvision harmless against all
claims of whatever nature by third partieo adsing fronr the work performance under this Agreenrent. For purposeo of
this Agreement, $ub-.Recipient agrees that it is not an employee or agent of the Division, but is an independent
6ontractor.
b. As required by section 768.28(15), Florida Statutes, any $ub-Rocipient which is a state agency
or subdivision, as deflned in section 768,28(2), Florida Statutes, agre€$ to be iully responsible for Jts negligent or
tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages
proxin'ratelycausedbytheactsoromissionstotheextentsetforthinSectionT6S,2S,FloridaStatutes. Nothing
herein is intended to serve as a waiver of oovereign immunity by any Sub-Recipient to which sovereign irnmunity
applies. Itlothing herein shall be construed as consent by a state agency or subdivision of the State of Florlda to be
sued by third parties in any matter atising out of any contract,
(1 5) pEFAULT.
It any of the follo'aiing €vents occur ("Events oi Defaull'1, all obligations on lhe part of the Division to
make further pa/mBnt of funds ehall terminate and tlre Division has lhe 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 Defautt witlrout
waiving the right to exercisa such remedies, and without becoming liable to make any further payment if:
a. Any warranty or represenlation made by the Sub-Recipient in this Agreemenl or any previous
agreernent with the Divlsion 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 co'renants in this Agreernent or any previous agreement with the Division and
has not cured them in tjmely fashion, or is unable or unr,villing to meet it.s obligations under this Agreement:
b. tulaterial adverse changes occur in the financial condition of the Sub-Recipi€nt at any time
during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the
date written notice is sent by the Divisjon;
c. ,Any reports required by this Agreement have not been submitted to the Division or have been
submifled with incorrect. incomplete or insufficient information; or,
d. The Sub-Recipient has failed to perform and cornplete on time any of its obligations under this
Agreernent,
(16) REfuIEDIES.
I
Exhibit 1
Exhibit A
f f an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the
SLib'Recipient and upon the $ub-Recipient's faiJure to cure within those thirty days, exercise any one or more of the
following remedies, either concurrenily orconsecutively:
a, Terminate this Agreernent, provlded that the Sub-Recipient is given at l€ast thirty days prior
writlen notice of the termination. The notice shall be effective whan placed in U]e Unitecl State$, fi|St class mail,
postage prepaid, by registered or certified mail-return receipl requested, to the address jn paragraph (3) herein;
b. Begln an approprlate legal or equitable action to enforce performance of this Agreement;
c. Withhold 0r suspend payrnent of all or any part of a reguest for payment:
d' Requiro that the Sub'Recipient refund to the Divislon any rnonies used for lnollgible purposes
under the laws, rules and regulations governing the use of these lunds.
e. Exercise any correc{ive or remedial actions, to include but not be limited to:
i. Request additional information from the Sub-Recipient to cjetnrmine the rea$ons for or
the extent of non-compliance or lack of performance,
ii. lssue a writisn warning to advise that more serious rneasures may be taken if the
situation is nol corrected,
'ii Advise the Sub-Recipient to susp6nd, diecontinue or refrain from incurring costs for
any activities in quostion or
iv. Require the Sub-Recipient to reirnburse the Division for the amount. of costs incurred
for any items determined to be ineligible:
f. Exarcise any other rights or rernedies which may be availablo under law.
Fursuing any of lhe above remedies will not stop the Division from pursuing any other remedies in
thie Agreement or provided at iaw or ln equity. lf the Division waives any right or remedy in this Agreement or fails to
insist on strict performance by tlre Sub-Recipient, it will not affect, extend or waive any other right or remedy of the
Division, or affect the later exercise of the same right or remedy by tho Division for any other default by the Sub-
Recipient,
( 17)rqBtulltAloN.
a. The Division rnay terminate this Agreement for cause after thirty days wriiten notice. Cause
can incluCe misuee of funds, fraud, lack of compliance with appiicable rules, laws and regulalions, failure to perform
on time, and refusal by the Sub"Recipienl to permit public acces$ to any docrlment, paper, letter, or olher material
subject to disclosure under Chapter 119, Florida Statrites, as amended,
b. The Division may terminale this Agreement for convenience or when lt determines, in its sole
discretion. that continuing the Agrsentent wor;ld not produce beneficial results in line with the furthor expenditure of
furtds, by providing the sub-Recipient with lhirty calendar days prior written notice.
c. The parlies may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state the effective clate of the termination and the
procedures for proper closeout of the Agreement.
d. ln 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 termlnation. The
Sub-Recipient will cancel as many outstanding obligations as possible, Costs incurred after receipt of the termioation
notice will be disallowed. The Sub-Recipient shall not be relievecl of liability to the Division because of any breach of
Agreement by the Sub-Recipient. The Division may, to the exlent authorized by law, withhold payments to the Sub.
l0
Exhibit 1
Exhibit A
Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is
determined,
(18) PROCU"I?EfuJENT
a, The SuFRecipient shall ensure that any procurement involving funds authorized by the
Agreernent cornplies with all applicable federal and state laws and regulations, to include 2 C.F,R. SS200'318 thfOugh
200.326 as well as Appendix ll to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts
Undor Federal Awards").
b. As requirerl by 2 C.F,R. $200.318(b), the Sub-Recipient shall "maintain records sufficient to
detail the history of procurernent, fhese records will include, but are not necessarlly limiled to lhe following:
rationale for the method 0f procurernent, selection of contract lype, contractor selection or rejection, and the basis for
the contract Price."
c. As required by 2 C,F.R. 5200,31 B(i), the Sub-Recipient shall "maintain oversight to ensure that
conlractors per{orm in accordance with the terms, conditions, and specilications of their contract$ or purchase
orders." ln order to domonstrate compliance with this requlrement, the Sub-Recipient shall document, in its quartorly
report to the Division, the progress of any and all subconttactors performing work under thia Agreement.
d. Except for procurements by micro-purchase$ 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'Recipiont chooses to
subcon(ract any of the wort reqllired under this Agreement, then the Sub-Recipient shall forward to the Division a
copy of any s6licitatlon (whether competitive or non-conrpelitlrre) at least fifteen (15) days prior to the publication or
cornrnunication of the solicitation, The Division shall revlew the solicitation and pro'rido comments, if any, to the Sub'
Recipient within thr6e (3) business c1ays. Consistent with 2 C,F.R. S200,321, the Division will review the solicitation
for compliance with lhe procurement stantlards outlined in 2 C.F.R. SS200.318 through 200,326 as weil as Appendix
ll toZC.F.R.pan200. Consistenl with2C,F.R.5200.31B(k),theDivisionwill not substituloitsJudgmentforthatof
the Sub.Reciplent, rl/hile the $ub-Recipient does not need the approval of the Division in order to publish a
competilive solicitation, this review may allow the Division to identifrT deficiencies in the venCor requirements or in lhe
commodity or servlce specifications. The Division's revjew and commsnte shall not constitttte an approval of the
solicitation. Regardless of the Division's review, the $ub-Reeipient remains bound by all applicable latvs, regulations,
and agreement terfils, lf during its raview the Division iclentifies any deficiencies, then *re Division shall communicate
those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business day winCow outlined
above, lf the Sub-Recipient publishes a competitive solicitation after receiving cornments from the Division that the
so{lcitation is cleficlent, then the Di'rision may:
i. Terminate this Agreement in accordance with the provisions oUtlined in paragraph
(1 7) above; anC,
ii. Refuso to reirnburse the Sub-Recipient for any costs associated with that solicitation.
e, Except for procurements by micro-purchases pursuant to 2 C.F.R. $200,320(a) or
procurements by smati purchase procedures pur$uant to 2 C.F.R. $200.320(b), if the Sub-Recipient chooses to
subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a
copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and
provide comments, if any, to the $ub-Recipient within three (3) business days. Consistenlwith 2 C.F.R' 5200.324'
the Division will review the unexecuted contract for compliance with the procurement standardS outlined in 2 C'F,R,
$$200.31g through 200.326 as wellas Appendix ll to 2 C.F.R. Part 200. Consistentwith 2 C.F.R. $200.318(k), the
Division wlll not substitute its judgment for that of the $ub-Recipient. While the $ub'Recipient does noi neecl the
11
Exhibit 1
Exhibit A
approval of the Division in ord6r to execule a subcontract. this review may allow lhe Division to identity deficiencies in
the terms and conclitions of lhe subcontract as well as deficiencies in the procurement process that led to the
subcontract, Ihe Division's review and comments shall not constitute an approval of the $ubcontract. Regardless of
the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreernent terms. lf
cJuring its review the Division ldentifies any deficiencies, then the Division shall communicate those deficiencies to the
Sub-Recipient as qLrickly as possible within the three (3) business day window outlined above. if the Sub-Recipient
executes a subcontract after receiving a communication from the Division lhat the subcontract is non-complianl, then
the Division maY;
i. Temrinate this Agreement in accordance with the provisions outllned in paragraph
(17) above; and,
ii. Refuse to reimburse the SLrb-Recipi€nt for Any costs associated with that subcontract,
f. The Sub"Recipient agrees to inclucle in the subcOntract that (l) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontraclor is bound by all applicable state and federai laws and regulations,
and (iii) the subcontractor shall hold the Division and Sub^Recipient harmless against all claints of whatever nature
arising out of the subcontractor's pefforrnance 0f work under this Agreement, to the extsnt allowed and required by
law,
g. As required by 2 C.F.R, $200.318(cX 1), the $ub-Recipient shall 'meintain written standards of
concJuct covering conflicts of lntelest ancl governing the actions of lts employees engaged in the selection, award and
administration of contracts,"
h. As required by 2 C.F.R, 9200.319(a), the Sub-Recipient shall conduct any procurement under
this agreement "in a manner providing tull 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 bondirg;
iii Use nonccmpetitive pricing practices bet'iiaen firms or bet',veen affiliated companies;
'; ::iliil1il:::n:T" *,,;;ffll':il:1::ffi;T ""r c'n'[rac'fs:
vi, Specify only a brand name product without allowing vendors to offer an equivalent;
vii. Specify a brand name product instead of describing the performance, specifications,
or other relevant requirernents lhat pertain to the cornrnodity or service solicited by lho ptocuremeni;
viii, Engage in any arbitrary actlon during the procurement process; or,
ix, Allow a vendor to bicl on a contract if that bidder was involved with developing or
drafting the specltication$, requirements, statement of work, lnvitaiion to bid, or request for proposals.
i. "lElxc€pt in those cases where applicable Federal statutes expressly mandate or encourago"
otherwise, the Sub-Recipient, as required by 2 C.F,R. $200,319(b), shall not use a geographic preference when
procuring cornmodities or services under this Agreernent,
j. The Sub-Recipient shall conduct any procuremeni 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 Xa), 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 Xb), Florida Statutes.
l. For each subcontract, the Sub-Recipient shall provide a written statement to the Division as lo
whether lhat subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes,
l2
Exhibit 1
Exhibit A
Additionally, the Sub-Recipient shall comply with the requirements of 2 C,F,R. $200.321 {"Contracting with small and
minority businesses, women's business enterprises, and labor surplus area firms").
(1e) ATTACHMFN{IS
a. All atlachment$ to this Agreemenl are incorporated as if set out fully.
b. ln the event of any inconsistencies or cortflict between the language of this Agreement and the
atlachments, tha languago of the attachrnents shall control, but only to the extent of the conflict or inconsistency.
c, This Agreement has the following attachrnents:
i. Exhibit 1 - Funding Sources
ii. Attachment A - Program Budget
iii. Attachment B - Scope oiWork
iv. Attachrr]ent C - Delivorable$ and Performance
v. Attachment D - Program Statutes and Regulations
vi. Altechment E * Justlfication of Advance Payment
vii, Aftachment F - V/arranties and Representations
vili. Attachment G - Certilication Regarding Debarrnent
ix. Altachment H - $tatement of Assurances
x. Attachrnent | - lvlandatory Contract Provisions
xi. Attachment J - tufonitoring Guidelines
xii. Attachment K - EHP Guidelines
xiii, Attachment L - Reimbursernent Checklist
(20) PAYtulENTS
a, Any advance payment under this Agreemont is subject to 2 C,F.R. $200.305 and, as
applicable, section.216.18'1{16), Florida Statutes. All advances are required to be held in an intereslbearirtg
account, If an advance payment is requested, the budget data on which the request is based and a juslification
statement shall be included in this Agreement as Attachment E. Attachment E will speci! the amount of advance
payrnent neoded and provide an explanalion of the necessity for and proposed use of lhese funds. No advance shall
be acceptod 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. ln,roices shall be submittsd at least quarterly and shall include the supporting documentation
for all cost$ of the project or seruices, The final invoice shall be sulrmitted within sixty (60) days after the expiration
daieof theagreernent. Anexplanationofanycircumstancesprohibitingthesubmittal ofquarterlyinvoicesshall be
submitted lo the Division grant manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph
{12) of this Agreement.
c. lf the nocessary funds are not available to fund lhis Agreement as a result of action by the
United States Congress, the federal Office of iVlanagement and Budgoting, the State Chief Financial Offlcer or under
subparagraph (9)b, of this Agreernent, all obli6ations 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)REPAYfuIENTS
a, All refunds or repayments due to the Divisiort under this Agreement are to be made payabie to
the order of "Divisrbn of Emergency l\,lanagement", and rnailed directly to the following acldress:
Division of Emergency l\lanagement
IJ
Exhibit 1
Exhibit A
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2 100
b. ln accordance with Section 215.34{'2lr, Florida Staturtes, if a check or other draft is returned to
the Division for collection, Sub-Recipient shall pay the Division a $orvice fee of $15.00 or 5% of the face amount of
the retumed check or draft, lvhichever io greater,
(22 ) lllANpArEp qoNDlllpNS
a. The vaiidity ot this Agreemeni is subject to the truth and accufacy of all the information'
representation$, and naterials submitted or provided by the Sub-Recipient in this Agreement, in any later submission
or respanse to a Division request, ot in any submission 0r response to fulfill the requirements of this Agreement. All
olsaid lnforrnation, representations, and materials are incorporated by reference. The inaccuracy of the submissions
or any rnaterial chonges shall, at the option of the Division and with thirty days written notice to the Sub-Recipiont'
cause the terminaiion of this Agreement and the release of the Divislon from all its obligations to the Sub-Recipient,
b. This Agreement sha{t 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, lf any provision of this Agreement
is in conflict with any applicable statute or rule, or is uneniorceable, then the provision shall be null and void to the
extent of the conflict. anct shall be severable, but Shall not invallclate any ather provision of this Agreement'
c. Any power of approval or disapproval gfanted to the Dlvision under tho terms of this
Agreement shall sun'rive the term of this Agreement,
d. The Sub-Recipieni agrees to comply with the Americanc With Disabilities Act (Public Law 101-
336, 42 U,S.C. Section '12101 eJSecL), which prohiblts dl$crimination by public and private entities on the basis of
disability in employrnent, publiC accorrrmodatlons, transpOrtation, State and local government eervices, and
telecomrnunicalions.
e, Those who have been placed on the convicted vendor list following a conviction for a pltblic
entity crime or on tho diqgdminatonl vendor llst 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 contraot with a public entity for the construction or repair of a public building
or public work. rnay not submit bids on lsases of real property to a public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract wlth a public entity, and may not transact
business with any public entlty in excess of $25,000,00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
f. Any Sub-Recipient which is not a local governrnent or state agency, and which receives funds
under this Agreernent from the federal government, certifies, to the best of its knowleclge and belief, that it and its
principals:
L Are not presently debarred, suspendecl, proposed for debarment, declared ineligible,
or voluntarily eXcluclecJ irom covered transaclions by a federa{ department or agr3ncyl
ii. Have not, within a five-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for fraud or a criminal offenso in connection with obtaining, attempting t0
obtain, or performlng a public (fecleral, state or local) transaction or contract under pr-rblic lransactionl violation of
federal or state anlltrust statutes or cornmission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, rnaking false statements, or recoiving stolen proporty;
l4
Exhibit 1
Exhibit A
iii. Are not prosontly indicted or othenaise crinrinally or civilly charged by a governmental
€ntity (federal, state or local) with commission of any offenses enumerated in paragraph (22) L ii of this certiflcatlon:
and,
iv. Have not within a five-year period preceding this ,Agreement had one or more public
transactions {federal, stale or locat} terminated for cause or default.
S, lf the Sub-Recipieni is unable to certifrT to any of the statements in this cedificati0n, then the
5ub-Recipient shall attach an explanation to lhis Agreement-
h, ln edditlon, the Sub"Reciplent shall send to the Divlslon (by email or by facsimlle
transmisslon) the cornpleted "Certificaiion Regardlng Debarmenl, Suspenslon, lnellgibility And Voluntary
Exclusion" (Attachrnent G) for each intended $ubcontractor whlch $utrRecipient plans to fund under thls
Agreement. The form musi be received by the Division before the Sub,Recipient enters lnto a contract wiih
any subcontractor,
i. The Division reserves the right to unilaterally cancei this Agreement if the $ub-Recipient
refuses to allow public access to all documents, papers, letters or other material subJe ct to the provisions of Chaptor
1 19, Floricla Stalutes, which the Sub-Recipieni created or received under this Agreemenl.
j, lf the Sub-RecipiBnt is allowed to lemporarlly invest any advance$ of funds under this
Agreement, any interest income shalleitlrer be returnecl to the Dl'/lsion or be applied against ihe Division's obligation
to pay the contract arnount.
k. The Stale af Floricla will not intentionally award publicly-funded contracts lo any contractor who
knolvingly employs unauthorized alien workars, constituting a violation of the ernployment provisions contained in 8
U.S,C. Section 1324a(e)lsection 2T4A,e]of the lmmigration and NatlonalltyAct("lNA")1. The Division shall consider
the employment by any contractor of unauthorized aliens a viclation of Section 274A(e) of the lNA. Such violation by
the Sub"Recipient oF the ernployment provlsions contained in $ection 274A(el of the INA shall be grounds for
unilateral cancellation of this Agreement by the Division,
l. Section 287.05S05 Florida Statutes, requires that any state funds provided for tlre purchase of
or improvernents to real property are continsent upon the contractor or political subdivision granting to the siate a
security interest in the property at least to the amount of state funds provided for at loast 5 years from the dato of
purchase or the completion of the lmprovements or as further required by law,
(23) LOBBYING PROHI_e.l Iff
a. 2 C,F,R. $200,450 prolribits roimbursement for costs associated with certain lobbying
activities,
b. $ection 216,3.17, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any p6rson or organieation unless the terms of the grant or contract
pfo.hihit the expenditure of tunds for the purpose of lobbying the Legislature, the judicial branch, or a state agency""
c. No funds or other resources recoived from the Dvision under this Agr€ement may be used
directly or hdirecily to influence legislalion or any other official action by the Florida Legisiature or any state agency.
d. Tho Sub-Recipient certifies, by its signalure to this Agreement, thai to the best of his or her
knowledge and beliei;
i. No Federal approprlated funds have been paid or witl be paid, by or on behalf of the
Sub-Recipient, to any person for influencing or attempting to influence an otficer or employee of any agency' a
plember of Congress, an officer or ernployee of Congress, or an employee of a fulember of Congress in connection
With the awarciing of any Federal contract, the making of any Federal grant, the making of any Federal loan. the
t5
Exhibit 1
Exhibit A
entering into of any cooperative agreement, and the extension, contintration, rene',rial' amendrnent or modification of
any Federal contract, grant, loan orcooporative agreement'
ii, lf any funds other than Federal appropriated funds have been paid or will be paid to
any person for inflLrencing or atternpting to influence an officer or employoe of any agency, a fulember o[ Congross'
an ofiicer or employee of Congress, or an employee of a fulember of Congress in connection with this Federal
contraci, grant, loan or cooperative agreement, the Sub-Recipient shall compleie and subrnit Slandard Form-LLL'
"Disclosure of Lobbying Activities.'
Iii, The Sub"Recipient shall require that this cerlification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperati'ro
agreements) and that all Sub-Recipienls shail ceriifu and disclose'
iv, This certification is a material representation of fact upon which reliance was placed
when this transaction was rnade or entered into. Submission of this certificatlon is a prerequisite for making or
entering into this transactjon imposed by section 1352, Title 31, U.S. Code. Anyperson who falls to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure,
(24) COPYRLG HT. PATFNT.AN D TRAP.E fuIARK
EXCEPI AS PROVIDED BELOW, ANY ANO ALL PATENT RIGHTS ACCRUING UNDER OR IN
CONNECTION WITH THE PERFORfulANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE
OF FLORIDA; AND. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
pERFORuANCE OF THIS AGREEI\rlENT ARE HEREBY IRANSFERRED BY THE SUB'RECIPIENT TO THE
STATE OF FLORIDA.
a. lf the Sub-Recipient has a pre"existing patent or copyright, lhe Sub-Rocipient shall retain all
rights and entitlernents to that pre'exlstlng pat€nt or copyright unless the Agreernont providos otheryvise'
b. lf any discovery or invention is developed in the course of or as a result of work or seryices
performed under this Agreement, ol in any wAy connected with it, the Sub-RecipienI shall refer the discOvery 0r
invention to the Division for a determination whether the State of Florida will seek patent protection ln its name' Any
patent rights accruing under or ln connection with the performance of this Agreernant are reserved to the State of
Florida, lf any books, manuals, fllms, orothercopyrightablo rnaterial are producecl, the SLrb-Reclpient shall notifu the
Division. Any copyrights accruing under or in connection with the performance undor this Agreernent are transfened
by the Sub-Recipient to the State of Florida'
c. Wlthin thirty days of execution of this ,Agreement, the Sub-Recipient shall disclose all
intellectual properties relaung to the performance of this Agreement which he or she kno\,vs or should know could give
rise to a patent or copyright. The Sub.Recipient shall retain all rights and entitlements t0 any pre-existing intellectual
prope.ty which is disctosed, Failure to disclose will indicate that no such property exists. The Division shall then,
uncler Paragraph (24) b., have the right to all patents and copyrights which accrue during pelformance of the
Agreement,
d. lf the Sub-Recipient qualifies as a slate universily under Florida law, then, pursuant to section
1004,23, Florida Statutes, any invention conceived exclusively by the emp{oyees ol the Sub'Recipient shall become
the sole property of the Sub.Reclpient. ln the caso of joint inventions, that is inventions made iointly by one or more
employees of both parties hereto, each party shall have an equal, undivided lnterest in and to such Joint invsntlons'
The Division shall retain a perpetual. irrevocable, fully-paid, nonexclusivo license, for its use and the use of its
l6
Exhibit 1
contraclors of any resulting paten(ed. copyrightecl or trademarked wofk products, developed solely by the Sub-
Recipient, under this Agreement, for Florida governrnent purposes'
(25) LEqAL AUrHpRlzATloN
The Sub-Recipient sertifies that it has the legal authority to receive the funds r-rnder this Agreement
and that its governing body has authorizod the execution and acceplance of this Agreem€nt. The Sub'Reclpient also
certjfies that the underslgned person has the authority to legally execute and bind Sub'Recipient to the terms of this
Agreement.
(26) EOUAL.-0PPORTUNITY ElllPLOYl'l ENI
a. ln accordance with 41 C.F,R. S60-1.4(b), the Sub-Recipient hereby agreesthat it will
incorporate or cause fo be incorporated into any contract for construction work, or moclificatjon thereof, aS deflned ln
the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds
obtainecl I'rcrn the Federal Government or borrowed on the creCit of the Federal Government pursuant to a grant,
contract, loan insuranco, or guarantee, or undertaksn pursuant to any Federal program involving such grant' contract,
loarr, insurance, or guarantoe, the following equal opportunity clause:
During the performance of this contract, lhe contractor agrees as follows:
i. The contractor will not discrlminate against any employee or applicant
for ernployment because of tace, color, religion, sex, or national orlgin' The.
contractoi wiJl take afflrmative action to ensure that applicants are employed, and
that employees are treated durlng employment without regard to their race, color,
religion, sex, or national origin, Such action shall include , but not be limited tcr
the-following: employment, upgrading. demotion, or transferi recruitment or
recruitment advertising; layolf or termination; rates of pay or other forms of
cornpensation: and selection for training, includlng apprenticeshlp. The
contiactor agrees to post in conspicuous places, available to ernployees and
applicants fo*r employmant, notices to be provided setting forth the provlsions of
this nondiscrimination clause.
ii. The contractor will, in all solioitations or advertisements for employees
placed by 0r on behalf of the contractor, state that all qualified applicants will
receive considerations for ernployment without regard to race, color, religion, sex,
or national origin.
iii, The contractor will send to each iabor union or repres€ntative of
w0rkers with whioh he has a cotlective bargaining agreement or other contract or
understanding, a notice to be provided advlsing the said labor union or workers'
represenlatives of the contractor's cornmitments under this section, and shall
post c0ples of the notice in conspicuous places available to employees and
applicarrts for ernPloYmen t.
iv. The contractor will comply with all provisions of Executjve 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 inlormation and reports required by
' Executive Orcier 1 1246 of September 24, '1965, and by rules, regulations, and
orclers of the Secretary of Labor, or pursuant thereto, and wilJ parmit access to
his books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance wlth such rules,
regulations, and orders'
vi. ln the event of the contracto/s noncompliance wlth the
nondiscrimination clausos of this contract or with any of the said rules,
regulations, or orciers, this contract may be canceled, terminated, or susponded
in whole or in part and the contractor rnay be declared ineligible for further
II
Exhibit A
Exhibit 1
Exhibit A
Governm€nt conttacts or federally assisted consiruction contracts in accordance
with procedures aulhorized in Executive order 1 1246 of september 24, 1965.
and such other sanctions may he imposed and remeclies invoked as provided in.
Executive Order 1 1246 of September 24, 1965, or by rule, regrrlation, or order of
the Secretary of Labor' or as otherwise provided by law'
vii. The contractor will include the portion of the sentence imrnediately
precedingparagraph(1)andtheprovisionsofparagraphs(1)lhrough(7)in
overy su6contract or purchase order unless exempted by rules, regrilation$' or
orders of the $ecretary of Labor issued pursuant to section 204 of Executive
Order 1 1246 of September 24, I965, so that such provisions will be binding upon
oach subcontractoi or vendor. The contractor will lake such action with respect
to any subcontract or purchase order as the adrninistering agency may direct as
a means of enforcing such provisions, including sancticn$ for noncompliance:
provided, however, inat in ttre event a contractor becomes involved in, or is
thlsotened with, litigation wiih a subcontractor or vendor as a result of such
direcilon by the adn*rirrislering agency the contractor may request the United
Siates to enter into such litigatio; to protect lhe inierests of the United $tates.
b, The Sub^Recipiont furiher agrees that it wlll be bound by the above equal oppo(unity clause
wlth respoct to lts own employment practices whon it participates in federally assisted construction work: provided,
that lf the applicanl so par-ticipating is a State or local Oovernrnent, the above equal opportunity clause is not
appllcable to any agency, instrumentality or subdivislon of such governmenl which does not participals ln work on or
under the contract.
c. The Sub.Recipieilt agr€es that it will assist and cooperate actively with the adrninlstering
agency ancl the Secretary of Labor in obl"aining the compliance of contractors and subcontract0rs with the equal
0pporlunity clause ancl the rules, regulations, and relevant orders of the Secretary of Labor, that lt will furnislr the
admlnistering agency and the socretary of Labor such information as they may require for the supervision of such
compllance, and that it will otherwlse assist the administering agency in the discharge of the agency's prirnary
responsibility for secutring compliance'
d. Ihe Sub-Recipient further agrees that lt will refrain from enterlng into any contract or contract
modification subject to Executive order 1 1 246 of soptember 24, 1 965, with a contlactor debarred from, or who has
not demonslrated eligibility for, Government coniracts and federally assisted constructi0n 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 ll, Subpart D of the Executive order. ln addition, the Sub-Recipient agrees that iF it falls or relusos to comply witlt
these undertal(ings, the administering agency may take any or all of the followlng aciionsl cancel, termlnate, or
suspend in wholo orin part this grant (contract, loan, insurance, guarantee); refrain from extending any further
assistance to the Sub-Recipient uncler the program witlr respecl to which the failure or refund occurred until
sati$factory assurance of future compliance has been received irom such Sub"Recipient; and refer the case to the
Departmont of Justice for appropriate iegal proceedings'
(2 7) qoPELAND. ANi:r.L"KlcKBACK Apr
The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or
.ause to be incorporated into any contracl for construction work, or modification thereof, the following clause:
i. Contractor' The contractor shall comply with 'lB U'S C' g 874' 40
U.S'C,s3l45,andtherequirementsof2gc'F,R.pt.3asmaybeapplicable'
which are incorporated by reference into this contract'
ii, Subcontracts, The contracior or subcontractor shall insert in any
subcontracts the clause above and such other clausee as the FEMA may by
l8
Exhibit 1
Exhibit A
appropriate instructions require, and also a clause roquiring the subcontractors to
include these clauses in any lower tier subcontracts. The prinre 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 subconlractor
as Provided in 29 C'F.R. $ 5'12.
(28) CONTRACT IdORX HOUB9 AND SAEETY-STANDAFDS
lf the Sub-Recipiont, with the funds authorized by this Agreement, enters into a contract that
exceeds $ 100,000 and involves tho employment of mechanics or laborers, then any such conlract must include a
provision for conrpliance wlth 40 U.S.C. 3?02 and 3704, as supplemented by Departmenl of Labor regulatlons (29
CFRpartS). Undor40U,s,C.3T02oftheAct,eachcontractormustberequiredtocomputelhewages0fevery
mechanic and laborer on thc basis of a standard work week of 40 houts, Work ln exsess of the standard work week
is pemrissible provided that the worker is compensated at a rate of not less than one and a half times the basic rato
ofpayforall hoursvrorkedinexcessof40hoursintheworkweek. Therequirementsoi40U.S,C.3T04are
applicable to constructlon work and provide that no laborer or rnechanic 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 orciinarily available on the open marl(et, or contract$ for transportation.
(29) CLEAI.I AI.F ACTANQTHE FEDERAL. WATER POLLUTION CONIROL AQT
li the $ub-Recipient, with the firnds authorized by this Agreement, enl€rs into a contract that
exceeds $ 150 000, then any such contract must include the following provlsion;
Contractor agrees to comply with all applicable $landards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C, 7401"7671 q) and the Federal
Vr/ater pollution Control Act as anlencled (33 U,S.C. 1251-1387), and viill roport
viotations to FEfuIA and the Regional Ofiice 0f the Environrnental Protection
Agency (EPA)'
(30) susPENslgN ANp"DEBARIIIf NT
lf ihe Sub-Recipient, with the funds authorlzed by this Agreernent, enters into a conkact, then any
such contract nrrrst include the following provisions:
i.ThisccntractisacovQr€dtransactionforpurposesof2C'F'F'pt.180
and 2 C.F.R, pi. 3000, ,,As such the contractor is reqr-rired to verify that none of
the contractor, its principals idetined at 2 c,F.R. $ 180.995), or its affiliates
(cfefinecl at 2 C,F,R. $ 1S0,905) are excluded (<lefinetl at2 c,F,R. $ 180'940) or
disqualifled (defined at 2 C.F.R' $ 180'S35)'
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 certificalion is a mat€rial 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.l80,subpaftCand2C.F'R'pt.3000,subpartC,inadditiontoremedies
available to the Division, the Federal Governmont may pursue available
refiedies, including but not limitsd to suspension ancUor debarment,
iv. The blclder or prop6ser 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 ftorn this offer. The
bidder or [roposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions'
t9
Exhibit 1
Exhibit A
(3i ) BY.BD ANTI.LQBBYIN.G AfulENDfulENT
lf the Sub-Recipient, with the funcls authorizecl 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 11e(ed). Contractors
wiro appty or UiO f6r an award of $100,000 or more shall fite the required
ce,tiniati6n. Each tier certilies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attemptini'to influence an officer-or employee of arty agency, a member of
Congiess, officer or employee of CongreSs, of an employee of a rnember of
Congress in connection wiih obtaining any Fedoral.conhacl, grant, or any other
award covered by 31 U,S,C. S 1352,
-Each tier shall also disclose any lobbying
with non-Federal'funds that tdkes place ln connection wilh obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to th€ recipient.
(32) CONIRACJINc.Vt/lTH SIIIALLAND I'vllNORlTY BUSINESSES, VvOtulEN'S BUSINFSS
ENTERPE.IqES, ANQ LABOR SURPLUS AREA FIRMS
a. lf the sub-Recipient, wlth the funds authorized by this Agreern€nt, seeks to procure goods 0r
services, then, in accordance with 2 C.F.R. $200.32'l , the SLrb-Recipient shall take the following affirmativs steps t0
assure that minority businesses, women's business enterprises, and labor surplus area flrms are used when€vel
oossible:
i. placing qualified small and minority businesses anC'vomen's business enterprise$ on
solicitation lists;
ii, AssuriFg that snrall and minorily businesses, and women's buSiness enterprises are
solicited whenevsr they are potential sourcesi
iii. Dividing total requirements, when ecqnomjg3ll)/ feasible, into smaller tasks or
quantities to permit maxlmum participation by srnall and minorlty businesses, and women's business enterprisesl
iv, Establishing delivery achedules, where the.regpilenlent oermits, which encourage
participation by small and minority businosses, and women's business enterprises;
v. Using the services ancl assistance, a.s aoorqor:ialq, of such organizations as the Srnall
Business Administration ancl the Nlinority Business Dovelopment Agency of the Department of Comrnerce; and
vi, Requiring the primo contractor; if subcontracts are to be tet, to tat(e the affirmative
steps listed in paragraphs i' tlrrough v' of this subparagraph'
b, The requirement outlined in subparagraph a. above, sometimes refeffed to as "socloecononric
contracling,,' does not impose an obllgation to set aside either the solicitation or award of a contract to these type$ 0f
firms. Rather, the requirernent only imposes an obligation to carry out all.d-dgeumglt the six affirmative steps
identified above.
c. The ,,socioeconomic contracting" requiremenl outlines the afJirmative steps that the Sub'
Recipien1 rnust take; the requlrements do noi preclude the Sub-Recipient from undertaking aclditional sleps to involve
small ancl minority busineoses and women's business enterprises'
d. The requirement to divide total requirements, when economically feasible, into sma{ler tasks or
quantitieB to permit maximum participation by small ancl minority businesses, and women's business enterprises,
does not authorize the sub"Recipient to break a $ingle project down into smaller components in order to circurnvent
the rnjcro"purchase orsmall purchase ihresholds so as to utilize streamlined acquisition procedures (e g. "proiect
splltting"),
(33}AgSLIffANCES'
20
Exhibit 1
Exhibit A
The Sub-Recipient shall comply with any Staternent of Assurances incorporated as Attachrnent H
lN WITNESS V/HEREOF, ihe parties hereto have executed this Agreement,
CITY OF MIAMI RESCUE
Name tiile
Dale
FID#59-6000375
lnclr.rde a copy of lhe designation of authority fol the signatory, if applicable.
STATE OF FLORIDA
DIVISION OF EIVIERGENCY MANAGEMENT
By
Narne and ritte; I_l.igh;r,..I lierrnett. Pqputl- Direg:l9r.lb-y,urlthqi.t.r'.of DiYiqion Dirqqtot)
Date:
2l
Exhibit 1
ATTEST:
Todd B.
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
CITY OF MIAMI FLORIDA, A
rnunicipal corporation,
Exhibit A
ez, Ph.D,
City
APPROVED AS TO INST]RANCE
REQUIREMENTS:
Ann-
Department of Ri
lo
t
Vi
City
Exhibit 1
2.
3.
Exhibit A
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AU/ARDED TO THE SUB'RECIPIENT UNDER THIS
AGREEfuIENT:
Federal Program
Fecleral agencyt U,S, Department of Homeland Securily, Foderal Emergency lvlan€gement
Catalog of Federai Domestic Assistance title and number: 97,067
Award amount; $5ff0.0Q!,0Q
THE FOLLO\ /tNG COi,tPLlAl.iCE REQUIREIvIENTS APPLY IO THE FEDERAL RE$OURCES AWARDED UNDER
IHIS AGREEIIIENT:
Federal Prograrn
Sub,Recipient is io use funcling to perforrn ellgible activlties as identified FY 2018 Dopartment of Homeland
Security Notice of Funding Opportunity'
Sub-Recipient is subject to all adminisirative and financial requirements as set forth in this Agraement or will
not be in compliance with the terms of the Agreernent,
Sub-Recipient musi comply wlth specific laws, rules, or regulaiions ihat pertain to how the awarded
resources must be used or how ellglbillty determinations are to be mado'
NOIe Z C.F,R, part200, and Sectlon 215,97(5Xa), Flortda $tatutes, require that theinformation aboutFederal
Programs and State Proiects included ln Exhibit 1 be pro'rided to the Sub-Recipient'
1?
Exhibit 1
Below is a general budget which outlines eligible categories and their allocaiion under this
award. Thd sub-recipi|nt is to uiilize the "Pioposed Program Budget" as a guide for cornpleting
the "Budget Detail Worksheet" below.
The Equipment category will require Authorized Equipment List (AEL) reference number' The
A;th;;t;d Equipmeit fist (nrl) is a list of approved equipmentlypes allowed under FEMA's
preparedness'giant programs. The intenoed audience of this tool is emergency managers, first
;;;p;r;;;, aict other h*omeland security professionals. The tist consists of 21 equipment
;;;;g;ri;.;iviOeo into sub-categories, tertiary categories, and then individual equipment items'
in. if f can be found at http:/lbeta.f9ma,qgv/aVthorized-eguipmenj:liqt.
At the discretion of the Sub-recipient, funds allocated to Management and Administration costs
i* Or-.iiu"Jin 1..'e "proposed Frograrn Budget")may be put towards Programmatic costs
instead. However, no more than 5% of eachlSub-recipient's total award may be expended on
Illanagement a nd Administration costs.
The fransfe r of funds between the categories listed in the "Proposed Program.Budget" is
p,*iiin"a However, the lranEfer of funds between lssues is strictly prohlbited'
Exhibit A
ATTACHMENT A
PROPOSED PROGRAM BUDGET
!,J
. i:',lmount Alloiated ri.:.::_l:Categoryllssue :5ub-recipient Agencycrant
$6,000,000.00Award Allocation - lssue 41
$300,000.00State tvlanagement & Administration
withheld 5olc
$5,700,000.00Expendable Award Allocation after 5%
reduction
$1,500,000.00
LETP-Type Activities {25% of award
allocation) This amaunt is not in
addition to the remaining award
amount but instead slgnifies the
amount needed to meet lhe 25%
6nt,
$285,000.00
tuliami/Fort La uderdale UAS I
FY 2018 - State Homeland
Security Grant Program -
Urban Area Socurlty lnitlative
lssue 41
tulanagement and Administration
(tho dollar amount which conesponds
to 5% of the total local agencY
allocation is shown in the column on
Exhibit 1
Exhibit A
BUDGET DETAIL WORKSHEEET
The $ub-Recipient is required to provide a conrpleted budget detail worksheet, to ttre Division, which accounts for the
total award as described in the "Proposed Program Budget",
lf any changes need to be macje to the "Buclget Detail Worksheet", aftef the execulion of this agreement, contacl the
Grant lvlanager listed in this agreement via ernail or letter.
DeveloPing haeard/threat-specifi c annexes that incorporate the
range of Preve ntion, protection, response, and recovery activities
Cornmon- Planning - (Eill Planners and Consultants) Line item
201 8,01
Prevention - lntelligence and lnformation Sharing (LPR
Analyst), Line item 20{8"03
lssuance of WHTI-compliant Tribal identiltcation cards
21
Quantity
ndhomela secund rity programseupportevelDimplementingoplng
DH alnation tlvsinitia Jandongoingadopting
c eventand otherDeveloping related
Det/eloplng and enhancing plans and protocols
41$320,504.001$ 320,504,00ning * (Plann , Training and
1
mmon -
item
staff or contractors/consultants to assist
for the purpose of hiring public safetyactivlties
personnel
or parl-timoHiring of
with planning
tradi
41$599,724.001$5ee,724.00
41$55,905,00$ 5 5,905.00
$33,38S.00 41$ 3 3,389,00
I
1Prevention - lntelligence and lnformation Sharing (Metadata
Planner), Llne itern 2018'03
Materials required to conduct planning activities
$40,000,00 41$10,000.001
ng,Preven Ac
Activities
rmation an
Llne item 201
Travel/per diern related to planning activities
costs (in accordance with operational CostOvertime and
Activities to achieve planning inclusivs of people with disabilltles
others with access and functional needsancl
TS
nd and brNS$structure qance pr0ces$plagovernUpdate
nstiocommunica
Activities to achieve Planning of people with limited
1
Total Coet lssue #Quantity Unit CostAllowable Trainin g Costs
Overtirne and backflll for emergency
personnel attending 0 HS/FEMA-spo
prepaledness and resPonse
nsored and approved training
classes
Exhibit 1
Exhibit A
Activitles to achieve ng incluoive of pooplo with limited Engl
Exercise r /orkshop -may be used to plan
and conduct an rcise Planning Workshop to lnclude costs
TOTAL TRAINTNG EXPENDITURES
TOTAL ORGANIZATIONAL EXPENDITURES
- Full or part-
related to planning, meeting space and other meeting costs,
facilitation cosls, materials and supplies, travel and oxercise plan
d
Fu or Part"Time Staff or
time staFf may be hired to support exercise'relatod activitles'
Payment of salaries and fringe benefits must be in accordance with
tho policies of the state or local unit(s) of govemrnent and have the
approval of the state or the awarding agency, whichever ls
appltcable, The services of contractors/consultants may also be
procured to suppoft the design, dovelopment' condrlct and
evaluation of CBRNE exercises. The applicant's formal written
procurement policy or ihe Federal Acquisition Regulations (FAR)
25
Overtime and backfill expensos for part-time and volunteer
erneroencv res00nse personnel participating in DHS/FEMA training
Training Workshops and Conferences
Activlties to achieve training inclusive of people with disabilities and
others with acces$ and functional noeds
Full or Part-Time StafF 0r Contractors/Consultants
Comrnon * Planning (Training Classes), Line item 2018'01
Certifi cation/Recertifi cation of lnstructors
1 $ 176,595.00 $ 1 7 6,595,00 41
Travel
Supplies are items thal are expended or consunted during the
eourge of the planning and conduct of the exercise project(s) (e.9.'
copylng paper, g{oves, tape, non-sterile masks, and disposable
Drotective eQuipment).
lnstructor certifioa tion/re-ccrtlfi cation
Coordination wilh Citizen Corps Councils in conducting training
lnteroperable comrnunlcations training
$176,595.00 41
Allowable Organizatlonal Acttvltles (HSGP and LETP)Quantity Unlt Cost Tolel Cosl lssue #
Reirnbursement for select operational expenses associated with
increased security meatures at critical infrashucture sites incurred
(up to 50 percent of the allocation)
$60,816,00Prevention - lnterdictlon and Disluption (O
Overtime approved by FEMA), Llne ltem 20
perational
18-04 I $66,8 1 6.00 41
O'rerti me for i nforrnation, investi gative, and intel ligence sharing
actlvities {up to 50 percent ol lhe allocation)
Hiring of new statf positionsicontractors/consultants for
pa e analysis and sharing groups
or t of the allocation)
Preventlon - lntelligence and lnformation Sharing (Fusion
Analysts), Line item ?018"03
1 $ 2 52,799,00 $252,799.00 4t
,Auqn-ti!y..
$319,615.00
tls6ue # .j
Design, Develop, Conduct and Evaluate an Exercise
owed
Exhibit 1
Eligible Equipment Acquisition Costs
tne table below highlights the allowable equlpment categories for
this award, A conrprehonsive listing of these allowable equipment
categories, and speciflc equipment eligible undereach category,
are listed on the web-based version of the Authorized Equlpment
Liet (AFL) at http://u4{',v.fe.ma'qov/authorized"equioment-list.
Common - Planning (Exercises), Line item 2018'01
tion of HSEEP
CBRNE ope rational $earch and re$cue equiprrent
ge-seSsmen
#0JOE"07.SUAS; Line item 20 '18-144
se-ommunications -
(Commu n icatlon and lntelli gence
#03oE.0 1.CTAC; 1 31E40-SURV;
Exhibit A
);AEL
mmu on
ment for SRT); AEL
em2018-15
26
Equip
Line it
1
Overtime and backfill costs -Ovefiim6 and backfill costs, inclitding
expon ses for part-time and volunteer emergency response
oersonnel participating in FEI\IA exerclses
Activities to achieve exercises inclusive of people wilh disabilities
and others with access and functional needs
I
I
!
_T costs (i.e,, airfare,per , hotel, etc.)
are allowable as expeflses by employees who are on travel status
for official business related to the planning and conduct of the
ies are items that are expended 0r con$umed
d uflng the c0ur8e of th e plan ning and conduct of the exerclse
Projec (s )e s paper glove tape,non-steri ma sks,
and
ln teroperable cornmunications EXercises
Actirrities to achieve planning inclusive of people with limited
English ProficiencY
EXERCISE EXPE N DITURE$
Quantity Unit Cost
1':?-E-Tra:EE!:l:i:
$132'879.00 j,'i1)
Total Cost
i:'t!t:41 t!!"''
-.-]$li:!:it
lssue #
Pereonal Protectivo equiPment
Explosive devlce mitigation snd remediation equipment
n-n ng, Search, an ctlon ay
Systems), AEL f 02EX'01,XRAP, Line item 201$-06 1 $83,100,00 $83,1 oo,o0 4t
Prote on c Measures (tsomb Suits);
#02PE-0 1 -B Line I 8.09 1 $38,500,00 $38,500,00 41
Pre on'rdiction and Dis n (Surveillance
Platforms), AEL #030E'07'ROVL, 1zTR'00"TEQF 1 9300,481 .00 $ 300,481.00 41
Preve
Came
- Screening,arch and Detection
L #035R'03-5CA item 201 8-06 1 $'15,201.00 $15,201.00 41
po n s€M as s sht
Vls lo );AEL #0308.0 ?TI LA;Line Ite m ,.1 I .'l 2 1 $32,416.00 $32,416,00 41
1 s49,690.00 $49,690,00 41
1 $46,600.00 $46,600,00 4l
Exhibit 1
Exhibit A
lnformallon technologY
lnteroperable communicatlons ment
Response-Cornm unications -pe mmu ons
(lnteroperable P25 Project); AEL ffO6CP-0 1-PORT; 04t'1W.01 "
tNHW; 10BC-00-BA TT; 06CP-01.lVtOBL); Line item 2018.'15
Response - Commun icatlons - Operatlonal Communications
(Mobile Message Boards); AEL #0308'03'3lGN; Lino itern
2018-1s
I $34,000.00 $ 34,000.00 41
Common - Operational Goordinalion (lncident Cornmand
Software $ystern), AgL # 04AP'05'CDSS' 04AP'03'GlS5,
04sw.04.NETW, 04HW-01 -tNHW, 04AP.0'1 "CADS, 21 G N-00-
CNST; Line item 2018-02
I $306,245,00 $306,245.00 41
Tievention - lnterdiction and Distuptlon (Fusion Speclal
Events Platform Upgrades), AEL #04HW.01.lNHW, 04MD'03'
DlSF, Line item 2018"04
4 $ 10,000.00 $10,000,00 41
rsecurity enhancement equiPment
on*
#O4HW.O1 JNHW, O5HS.OO.FRNS, O5HS.OO.MALW, OSNP.OO-
IM Llne item 8-08
I $1 40,000.00 $ 1 40,000.00 41
-Response"Communications - Operatlonal Communications
(Sat Phone Sustainment); .AEL #06CC'03'SATB; Line ltem
2018.1 5
1 $23,545.00 $23,545,00 41
1 $150,747.00 $ 1 50,747.00 41
p onse Operati on a Com mu n icati ons
(F irstNet M obile/tn tero perab ility);AEL #06 c c.0 1 .cE LL,06cc-
0 .DSAD,U 6 c c,03 SA T fvl 06c c-0 3 .SATP,06 c c-04 E a 9D'
06CC.O4-SADS; 06CP-02-BRDG, and 06CP.03-IOWR); Line
itom 201 8-1 5
1 $ 20,002.00 $20,002.00 41
Res po nse ornmu n ication s pe
(Brldgin
item 201
U Proj ects AE L #0 6CP.0 2.8 RDG 2'l GN.OO "tNs T;Li ne 1 $241,404,00 fi241,404,00 41
Detecfon EquiPrnent
Prevention - lnterdi on an on
#07ED-02-DOGS, Line ltem 2018'04 1 $95,000,00 '$95iooo,o0 41
Search and n H az mat
Chernical Detection); AEL
Line item 2018-10
#0 4CD.0 I .0 1 -FT IR
1 $70,000,00 $70,000,00 41
Prote or'l -ing, Searc an on
Radiation Detoctlonlldentifi catlon); AEL #07RD-04-SGND; Llne
Ite 2U8.14
1 $283,564.00 $283,564,00 41
Decontamination EquiPment
Medical supplies
Power equiPmen t (generalclrs, batteries, power cells)
27
Exhibit 1
Exhibit A
CBRNE lncident RosPonse Vehicles
Terrorism lncident Prevention Equipment
Physical Security Enhancement Equlprnent
lnspoction and Screen Syslems
€clu
Comrnon -c on
AEL # 04HW-0'l.lNHW, 21GN"00-OCEQ, 04AP-0s-CDSS,13lr-
OO.ALRT, O4AP.O1-CADS, O4MD.O2,PROJ, O4MD,O3,DISP,
04HW.01-HHCD, 04MD-01"VCAM, 21GN-00-CNST, 21GN-00-
lNsr, 21 GN-oo"MAIN, 06CP-0s.VCOM, 05PM"00-PTCH, 06CC-
28
als
TesponseTommunications - Operational Communlcations
(Emergency Alert System); AEL #13|T.O0"ALRT; Line item
2018-15
1 $47,698,00 $47,6SB,00 41
n-ldentlty Ve rlflcation (Access
-PACS, 21 GN"00-lNSTI LineControl Systerns); AEL #14SW.01
Item 2018-07
1 $55,039,0 0 $55,03S,00 41
Prote on-Ph ve sur95 tems
AEL #145|llv-01-vtDA, 14sw-0,|-PAc$, ?1GN-00-lNsT, 04HW-
01.lNHW, 21GN-00-CNST and 041!lD'03'Dl$P; Llne item 2018-
09
1 $ 57 6,8 25,00 $ 576,825.00 41
overy -cture un I
NI AFL #201 8-1 6
$ 1 0,360,0 0 $10,360,00 41
Animat and Plants
CBRNE Prevention and Response watercraft
CBRNE Aviation EquiPment
CBRNE Logistical Support Equipment
!ponse c stics and v c h n
Ma
00-
nagem ont (Fu e I Tank T ralle r)'AEL #1 9GN .00.Fu EL,,|2TR.
Llne item 01 8-1 3
1 $29,535,00 $29,535.00 41
lntervention Equipment-
costs {include any 0r on cosls oategory; Writtan approval
use of funds
Common -erational Coord on #
21 GN-00-CCEQ, 06CP"01 -PORT, 09M
00-BGPK; Line item 2018'02
-BAGM, and 19GN-
1 $167,713.00 $1 67,71 3.00 n1
1 $2e4,846.00 $294,846.00 41
O3,SATP Line item 2018-02
Exhibit 1
ble
Overtirno costs -
and Adminlstratlon Costs
Exhibit A
expenses are d AS
29
the result of personnel who worked over and above their normal
scheduled dally or weekly worked tirne in the performance of
FEtulA - approved activities. Backflll Costs also called "Overlime as
Backfill" are defined as expenses frorn the result of personnel who
are {,vorking overtime ln ordor to perform the duties of other
personnel who are ternporarily assigned to FEfulA - approved
activities oi-rlsicle iheir core responsibiiities' Neither ove(ime nor
backfill expeases are the result of an increase of Full - Time
Equivalent (FTEs) employees. These cosls are allowed only to the
extent the payment for such gervices is in accordance with the
policies of the stale or unii(s)of local government and has tho
approval of the state or the a'/varding agency, whlchever ls
applicable, ln no csse is dual compensation allowable. That is, an
omployee of a unit of governrnent may not receive componsation
from thelr unit or agency of government AND frorn an award for a
single per:iod of time (e,9., 1;00 pm to 5:00 pm), even though such
wofu may benefit both acti'rities. Fringe benefits on overiime hours
are limited to Federal lnsurance Conlributlons Act (FICA)' Workers'
sation
TOTAL M&A EXPENDITURES
and n
Ce n ter o pera tions),A EL fl21 GN.O 0.oc EQ,04HW-01 ,I NHW
1 1 3t LI ne item 2A 1 8"0 3
1 $'162,173.00 $ 1 62, 173,00 41
MI ti a a g-Te rm e rg Redu ction (Mai ntenance,
s U s tai nmen t,R pal r an d Replace HSGP E qulpm e n r)AEL
#21G O.MA Llne I
1 $451,705,00 $451 ,70 5,00 41
TOTAL EQUIFMENT EXPENDITURES $3,736,389.00 41
Quantity Unlt Cost Total Cost lsgue #
Hiring of full-time or part-time staff or contractors/consultanis:
to assist with the managernent oF the respective grant program;
pp lication requiremonts,an d cornpl iance wl th reporting nd data
collection req uirem ents 4 pe rsonnel)
I $270,000,00 $270,000.00 +t
Developm snt of opera ting plans for information colle ction and
ing necessary to respond to DHSiFE MA data calls
Tra'rei expenses
llleeting-related expenses
eq includlng computors,
comPuters, Printers, L
software which rnaY b
projectors, and other equipment or
e requited to suppoft the implementation of 1 $1 0,000,00 $ 10,000.00 41
The following are allowable only within the agreement period;
Recurring fees/charges associated wih certain equiprnent, such as
cell phon-es, faxes, Leasing and/or reniing of space for newly hired
personnel to adrninlster programs within the grant program'
1 $s,000.00 $ 5,000.00 41
$285,000.00 41
TOTAL EXPENOITURES $ 5,700,000,00 41
Exhibit 1
Exhibit A
ATTACHMENT B
SCOPE OF WORK
Sub-Recipients must comply with all the requirements in 2 C,F,R. Part 200 (Uniforrn Acjminlstrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards).
Funding is providecl to perform eligible aclivities as identified in the Domestic Florneland Security -Federal
Ernerg6ncy fulanagement Agency National Preparednes$ Directorate Fiscal Year 2018 Homeland Security Grant
progrEm (nSCp), conststenl with the D€partment of Homeland Security Slate Skategy. Eligible activities are
outlinecl in the Scope of Work for each category below:
l. lssue and Project DescriPtion -
lssue 41 - Urban Area Securlty lnitiative (UASI): rhe UASIProgram 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 reCOVet from acts of
lerrorism.
ll. Categories and Ellglble Activlties
Fy 2018 altowable costs are tlivided into the following categories for this agreement: Planning,
Organizational, Exerclse, Training, €qulpment and fulanagement and Administration' Each category's
allowable costs have been lisled ln lhe "Budgot Detail V/orksheet'' above.
A, Ailowable Planning Related Costs
SHSp funds may be usecj for a range ol ernergency proparsclness and managernent planning activities and such as
those associated with the clevelopment of the THIRA, SPR, contlnuity of operations plans and other planning
activities that support the Goal and placing an emphasis on updating and maintaining a eurrent Eop that conforms t0
the guidelines outlined in CPG l0l v 2'0,- ' Deveioping hazardithreat-specific annexes lhat incorporate the range of provention, proieciion'
fe$ponse, and recovery actlvlties.. Developing and irnplementing homeiand sacuriiy support prograrns and adoptlng DHS/FElVlA national
initiatives.r Developing relatad tenorism and other catastrophlc event prevenlion activities.
r Devsloping and enhancing plans and protocols.
r Developing or condueling assessments,
r Hiring of full-or part.time staff or contracVconsultants to assist with planning activities (not for the
purpose 0f hiring public safety personnel fulfilling traditional public safety duties).
. fulaterials required to conduct planning activities.
r Travel/per diem related to plannlng activities.
. Overtirns ancl backfill costs (in accordancs with operational Cost Guidance)'
r lssuance of U/HTl-compliant Tribal identlfication card.
r Activities to achiev€ planning inclusive of people with Cisabilities.
r Coordination wilh Citizen Corps Gouncils for public infornration/ecJucation and development of volunleer
pf09rams,
. Update governance structures ancl processes and plans for emergoncy communications.
r Activities to achieve planning inclusive of people with limited English proficiency
B, Allowable Organization Related Costs (SHSP and UASI Only)
Organizational activities include I
Program rnanagement;
Development of whole Community parlnerships, through groups such as Citizen Corps Councils;
Struclures and mechanisms for information sharing between the public and private sector:
30
I
t
I
Exhibit 1
. lmplementing models, programs, and workfoice enhancement initjatives to adclress
ideologically-inspired radicalization to violence ln the homeland;
. Tools, resources and activities that facilitate shared situational awareness between the pLrtrlic and
Private soctors:
r Operational SuPPort;
r Utilizalion of standardized resource management concepts such as lyping, inventorying, organizing.
and tracldng tolacilitate the dispatch, clepioyment, and r'ecovery of resourc€s before, during' and after
an incident;
r Respondlng to an increase in the threat level under the National Terrorism Advisory Systern
(NIAS), or-needs in resulting from a National Special Security Event; and
r paylng salaries and beneflts for personnel to serue as qualified intelligence analysts,
States and Urban Areas must justify proposed expenditures of SHSP _or UASI funds to suppor! organiealion
u.["iti"n *itNn it"r"i, JJ submissibn. Att sRns are attowed to utilize up to 50 percent (50%) of their sHSP funding
and all Urban Areas are riio**i up to 50 percent (5rl%) of their UASI funding for personnel .c-o_sts....At.th.e
requesl
oi a Sro-n..ipient ol a gi;nr, the FENTA Administritor may grant a waiver of the 50 percent (50%) limitation noted
"L"""
-n"qJtJt fo, wa'iu*r, to the personnel cap must 'b6 submitted by the SAA to GPo in writing on offlcial
letterhead, with the following inforrnaUon:
r Documentation e,xplaining why th€ cap should be waived;
r Conclitions under which the request is being subrnittedl and
r A buclget and method of calculation of personnel costs botlt ln percentages cf the grant a'riard and in
totat dollar nrornt, io auoid supplanting issues, the reque$t must also inclucle a three year staffing
history for the requesting ontity.
Organizational activitles under SHSP and UASI include:
. lntelllgence Analysts, Per the Person nel Relmbursement for Intelligence. .C_oaoneryli9.n^and
ennanceiiit iFAicEf of Hanetancl Security Acf (Public Law 1 10-412), SHSP and UASI funds
may ne used d hire ne'ru staff arrdior contraitor positions to serye as intelligence analysts to
enable iniormation/intelligence sharing capabilities, as well as support existing inte,lligertce
analysts previously coveied by SHSP or UASI funding, ln order to be hired as an intellrgence
"'i ii
###ffi*'l*#ffii,il#ffi#'*',;*,*,**,: i;:'']* .,
Federal intelligence agency, [he military, or State'and/or local law enforcement
inielligonce unit.
As identified in the jvL?furad on ancl Enhancornenf of Sfaie and lvlajor lJrban Area Fusion Qenters priority' all fuslon
l*^t"i rnuf yti. personnel rnust dernon$trate qualifications that meel or exceed comp,etencies identified in the
;;;r;;T;;;;i;rti"s for Srale f- ocat, and' Tribal lnteiligence Analysfs,.which outlines the rninirnum categories of
;rinrng nuudd1 for intellig;n;; analysts, Rcertificate of c6rnpletion o? slch training must be on file with the SAA
,"J ,nust be made availaile to the grantee's respective Headquarters Program Analyst upon request, .ln addition
to tf,"u* tgining ,"quirer*ntr. tusio"n centers should also continue to mature their analytic capabilities by
.,iJr"iiirg gap"s in analyic capability ldentifled during the fusion center's annual assessment'
. Overtime Costs. Ove rtirne costs are allowable for personnel to participate in information,
investigative, and intelligence sharing activities specifically related to homeland security and
speciniaf fy iequested bji a fecleral aden.y. Allowable costs. are limited to overtime associated with
fJOeratfy ilquristed participatlon in eTigiO6 aclivities, lnclucllng arlti-terrorism task forces, Joint
Terrorism fask Forces 1-ffffsl, Area'i\,laritime Security Committees (as r,equired by the tularitime
Transportation Securlty Act of 1OOZ), DH$ Border Enforoement Security Task Forces, and
tntegrateJ Border Enforcement Teams. Grant funding can only be used in proportion to the federal
man+ouiesiirite, and only after funding for these activities from other federal sourcss (i.e.' FBI
,f nn payrenrs to state anci local agenciZs) has been sxhausted. Under no circumstances should
nHSif ett,+ granituncting be used ti pay for costs already supported by funding from another
federal source.
Exhibit A
3l
Exhibit 1
Exhibit A
. Operational Overlime Costs. ln support of efforls to enhance capabilities for detecting, delerring,
disrupting. and preventing acts of terrorism, operational overtime costs are allowable for increased
security measures at critical infrastruchlro sltes. SHSP or UASI funds for org"lnizational costs may
be used to support select operational expenses associated with increased securiiy measures at
critical inrrastriffi:l?iff.ll}:J;H{l1t,l.,lH#,i,'r'.1?l3%T'ffi",.
Urban Area rusion centersi
; Ffli S ;ffii I'f i':ff ::l' ['IJ; HiJ'fl J?'i3ijlxl'[l1,11i"j r - RA p ) a ctivi ti e s;
: Public safetY overtime;
Title 32 or State Active Duly National Guarcj deployments to protect critical infrastructure
sites, including all resources that are part of the stancjard National Guard deployment
package (Note: Qonsurnable costs, such as fuel expenses, are not allowed except as parl
of the standard National Guard deployment package); and'r lncreased border security actlvities in coonllnation with CBP.
SHSp or UASI func1s may only be spent for operational oyertime cost$ upon prior approval provided in writing hy the
FENIA Aclministrator per the lnstructions in lB 379'
Law Enforcement Terrorisrn Preventlon (LETP) Activities Allowable Costs (SHSP and UASI)
LETP Activities eligible for use of IETPA focused funds include but are not limited to:
. lllaturation and enhancement of designated state and major Urban Area fuslon centers, including
lnformation sharing and analysis, thr€at recognition, tetrorist interdiction, and training/ hiring cf
lntolligence analYsts;. Coordination beblrreen fusion centers and other analytical and investigative effor'ts including, bui not
lirnited to Joint Terrorisrn Task Forces (JTfFs) Field lntelligence Groups (FIGs). High lntensity Drug
Trafficking Areas (HlDTAs), Regional lnforrnation $haring $ystems (Rl$S) Centors, criminal intelligence
units, and realtime crime analysis centers;. lmplernentation and maintenence of the Nationwide SAR lnitiative, inclut.ling training for front line
personnel on identiiying and reporting suspicious activlties; and
. implernentation of tho 'tlf You See Something, Say Something" campaign to raise public awareness of
indicators of terrorism and lerrorism-related crime ancl associaied efforts to increase the sharing of
jnfonnation with public anrl prlvate sector pafiners, including nonprofit organizations.
C. Allowable Exerclse Reiated Costs
Exercises conductecl with grant funding should be managed and conducted consistent with HSEEP' HSEEP
guiclance for exerclse design, developmont, conduct, evaluation, and irnprovement planning is located at
h tt p s:/iwww.fe n a, gov/e xerci se.
n Design, Develop, Conduct, and Evaluate an Exeroise
' Exercise Planning WorkshoP
r Full- or part{ime staff or contractofs/consultants
r Overtime and backfill costs, including expenses for part-time and volunteer emergency
Response personnel padicipating in DHS/FEfulA exercise
o Implementation of HSEEP
r Acti'rities to achieve exercises inciuslve of people with disabilities
o Travel
r Supplies associated wlth allowable approved exercises
. lnteroperablecommunicationsexercises
Addltional Exercise lnformation
Sub-Recipients that decide to use HSGP funds to conduct an exercise(s) are encouraged to complete a progressive
exercise s6ries. Exercises conclucted by states and Urban Areas may be used to fulfill similar exercise requirements
required by other grant programs. Sub-Recipients are encouraged to invlte representatives/planners involvod wlth
other Federally-mandatecl or private exsrcise aclivities. States and Urban Areas are encouraged to share, at a
minimum, thehulti-year training and exercise schedule with those deparlments, agencies, and organizations
included in the Plan.
32
Exhibit 1
a
Exhibit A
Exercise Scenarlos. The scenarios used in HSGP-funded exercises must be based on the state/Urban
Area's THIRA ancJ SPR, The scenarios used in HSGP-funcjed exercises rnust focus on validating
capabilities, rnust be large enough in scope and size to exorcise multipie activlties and warrant
involvement frorn multipie jurisdictions and disciplines and non-governmental organizations, and take
into account the n6eds and requlrements for individuals with disabilities, individuals with limited English
proficiency and olhers with access and functional needs, and is essential to the development of an
effectiye and cornprohensive sxorcise prograrn. Exercises are designed to be progressive - increasing
in scope and complexlty and drawing upon results and ouicomes from prior exercises and real'world
incidents - to challenge participaiing communllies. Consistent with Horneland Security Exercise and
Evaluation Frogram guidance and tools, the National Exercise Program (NEP) serves as the principal
exercise mechanism for examining natjonal preparedness and measuring readiness, Exercise
scenarios should align with priorities and capabilities identified in lhe tvlulti-year TEP.
Specla/ Event Planntng. lf a state or Urban Area wlll be hosting a special event (e,9., Super Bowl, G-B
Summit), the special event pianning should be considered as a training 0r exercise actlvity fr:r the
purpose of the rnulti-year TEP, States must include all confirmed or planned special events in the lvlulti-
year TEP. The state or Urban Area may plan to use SHS P or UAS I funding to finance training and
exarcise activities in preparation for those events, States and Urban Areas should aloo consider
exercises at maior venues (e,g,, arenas, convention centers) that focu$ on gvacualions,
communications, and comnland and conlrol.
RegionalFxercises, States should also anticipate participating in at least one Regional Exercise
annually. States must incluCe all conflrmed or planned $pecial events ln the tulultl.year TEP'
a
t
r Ro/e of Non-Governmental Enllties in Exercises. Non-governmental participation in ail levels of
exeroises is strongly encouragecl. Leaders from non-governrnental entities Ehould be inciuded in the
pianning, design, and evaluation oi an exercise. State, local, Tribal, and territoriai jurisdictions are
encouraged to develop exercjses that test the integration and use of non-governmental resollrces
providecl by non-governrnental entitios, defined as the private sector and private non-prolit, faith-based,
bommunity, partiCipation ln €xercises should be coordinated with the local Citizen Corps Council(s) or
their equivalent and other paftner agencies.
FDEfuI State Tralning Offlce 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 $ub-Recipient can successfully cornplete an authorized exercise either by att€nding or
conducting that exercise.
. ln order to recei're payment for successfully attending an authorized exercise, the Suh'Recipient must
provide th€ Division with a certificate of completlon or sirnilar correspondence signed by the individual in
charge of the exercise; additionally, the Sub.Recipient rnu$t provide the Division wlth all receipts that
document the costs incurred by the Sub-Recipient in order to attend the exercise.
r ln orcler the receive payment forsuccessfirlly conducting an authorized exercise, the Sub-Recipient
must provide the Division with an ExPLAN, AAR/P, lPCltvlPC/FPC lvleeling lvlinutes and Sign-in Sheet
for exerclse attendees; additionally, the Sub-Recipient must provide the Division witlr all receipts that
document the costs incurred by the Sub-Recipient in order to condr-tct the exercise, Ihe Sub-Rec/plenf
must inctude wilh the rsinbursement package a separale copy of the page(s) lram the Exarcise Plan
which ictentifies the pafticipant agencies Anct a prinled page(s) from the Sfate (and County or Regional)
l,lWEP reflecling the exercise,
" lf you require foodiwater for this event, request rnust come to the Divlsion within 25 days prior to
llre event, in the following fonnal;
Exercise Title;
Location:
Exercise Date:
Exercise Schedule:
Estimated Number of Pariicipants that will be fed:
Estirnated Gost for fooclftvater:
Description of the Exercise:
33
Exhibit 1
Exhibit A
Unauthorlzed Exercise Costs
o Reimbursement for the maintenance and,orwear and teat costs of general use vehicles (e.9..
construclion vehicles), medical supplies, and emergency response apparatus (e.9., fire trucks,
ambulances).
r Equipment that is purchased for permanent installation andior use, beyond the scope of the
conclusion of the exercise (e.9., electronic messaging signs).
D. Allowable Trainlng Related Costs (SHSP and UASI)
Allowable training-relalecl costs under HSGP include ths establishment, support, conduct, and aftendance of training
spocifically identified under tlre SHSP and UASI programs andior in conjunction with emergency preparedness
training by other Federal agencies (e.9., HHS and DOT). Training conductod using. HSGP funds shoutd address a
perforfrance gap identified through an AAR/IP or olher assessments (e,g., National Emergency Commrrnications
irlan NECP Gbal Assessrnents) and contrlbute to bulldlng a capabllity that will be evaluated through a formal
exercise, Any trainlng or training gaps, including those for chlldren, older adults, pregnant women, and indivlduals
with cjisabilities and dthers who aiso have access or functional needs, should be identified in the AAR/IP and
addressed in the state or Urban Afea tralning cycle. $ub-Recipients are encouraged to use exlsting training rather
than de.reloping new courses, When developing new courses, Sub-Recipients are encouraged-to apply the Analysis,
Design, Developrnent, lrnplemontation and Evaluatjon rnodel of instructional design using the Cour:se Developrnent
Tool.
r Overtime and backflll for emergency preparedness and response personnel attenCing DHSIFEI\,IA"
sponsored and approved training classes
r Overtime and backfill expenses for part time and volunteer emerg€ncy respon$e personnel
padicipating in DHSIFEIvIA training
o Training workshops and conferences
r Activitles to achieve training inclusive of peopte with disabilities
' Full" or part-tifie stalf or contractors/consultants
o Travel
r Supplies associaierJ with allowable approvecl training that are expended or consumed during the
course of the planning and conduct of the exercise project(s)
r lnstruciorcertification/re-certification
r Coordination with Citizen Corps Councils in conducting training exercises
. lnteroperable communications training
Additionat Training lnformatlon
per DHS/FEtuIA Grant Programs Directorate Policy FP 2A7-008-A64"1 , Review ancl Appraval Regulrements
for Training Courses Funded Through Preparedness Grants, issued on September g, 201 3, states,
ierritories, Tribal entities and urban areas are no longer required to request approval from FEfuIA for
personnel to attend non-DHS FEI\IA haining as long as lhe training is coordinated with and approved by the
state, lerritory, Tribal or Urban Area Training Point of Contact (TPOC) and falls within the FEMA mission
scope and th'e lurlsctiction's Emergency Operations Plan (EOP), The oniy exception to this policy is for
Cointering Violent Extrernism courses. DHS/FElilA will conduct periodic reviews of all state, territory, and
Urban Area training funded by DHS/FElVlA. These reviews may include requests forail course matsrials and
physical observation of, ar participation in, the funded training. lf these re'rier,vs determine that courses are
buisicle the scopo of this guidance, Sub-Recipients will be asked to repay grant funds expended in support
of those offorts.
For further information on de'reloping coursos using the instructional design methodology and tools that can
facilitate tho process, SAAs and TPOCs are encouraged to review the NIEO Responder Tlaining
Developme nt Center (RTDC) website.
DHSIFEMA Providecl Tralnlng, Thesa trainings include programs or courses developed for and delivered
by institutions and organizations funded by DHS/FEtulA, This includes the Center for Dornestic
Pieparedness (CDP), the Emergency lvlanagernent lnstltute (Elvll), and the Nalional Training and Educaliqn
Divieion's (NTED) training partnerprograms including, the Coniinuing Trajning Grants, the Nati0ngl
Domestic Preparedness Consortium (NDPC) and the Rural Oomestic Prepaledness Consortium (RDpC).
Approved Stafe and Federalsponsored Course Catalogue. This cataloguo lists state and Federal
sponsored courses that fall within the DHS/FElvlA mission scopo, and have been approved through the
31
Exhibit 1
Exhibit A
FEfuIA course re'riew ancl approval process, An updated version of this catalog can be accessecl at;
w',rn r/. fi rs tres o o ncl.e-f trp in i n cJ, qov,
Tralning Not provlded by DHS/FEMA. These trainings include courses-that are either slate sponsored or
flJuiafiponsored (non-OHS/FEl\,lA), coorcJinated anJ approved,by the SAA or their designated TPOC. and
t"ff *im;n tt'* OHS/FEn/A nission scbpe to prepare state, local, Ttihal, and territorial personnel to prevent'
piote"t ag"inst, mitigate, rospond to, and recover from acts of terrorjsm or catastrophic events.
. State Sponsored Courses, These courses ars developed for anclior delivered by institutions or
organizatioos othe. than Federal entities or FEIVIA and are sponsored by the SAA or their
designatad TPOC.. Joint Training and Exefcises wltlr the Public and Prlvate Sectors. These courses are
sponsored ani coordinated by private sector entities to enhance public'private p-alltl:llp:, fo|-
tr'aining personnel lo prevenl, protect against, mitigate, respond to, and. recover from acts 0t
lerroriim or catastroptric evenls, Overtjme pay foi first responders and etnergency managers who
participate in public-private training ancl exerciies is allowable, ln addition, States, tenitories,
iribes, and Uiban Aieas are encouraged to incorporate the private sector in governrnent-
sponsored training and exercises,
Adcjitional information on both DFIS/FElVtA provided training and other federal and state kaining can be
found at: wnryv.flrstrpsoolCertfainl0g.gov'
Tralnlng lnforrnation Reporting Systom (''Web-Forms"). Web-Forms i$ an electronic forrnldata
,nnug*;*nt systern builito assist in" SAA antl its designited State, territory ancl Tribal rriinilo P-oint of
C;;t.,fii1p6ai. Xeporting treining activities through Vr/6b-Forms ls not required under FY 2018 HSGP'
n**u*r, the system 1.e*dnu available and can bJaccessed through the FFIVIA TOolkit located at
htd,t/I4ryjlglI"rocnclef.rajnln(i.qov/adrnin in order to support grantoes in their own tracking of lraining'
FDEM State Tralnlng Office conditions; For the purposes of this Agreament, any training course listed on
th6 DHS approved course calalog qualifles as an authorized course, The Sulr-Recipient can successfully
complete an authorlzed course either by attending or conducting ihat course.
r ln order to receive payment for successfutly atlending an authorized training course' the Sutr'Recipient
must provide the Diviiion with a oerlificate ol course completion: additionally' the Sub-Recipient must
;;d. in. bVirion with all recelpt$ that document the costs incurred by the Sub-Recipient in order to
attend tho course,
. ln order the receive payment for successfully conrJucting an authorlzod course, the Sub-Recipient must
oroyide the Division wiih th. .ourr" materials and a roster sign-in sheel additionally, the $ub-Recipient
;;;;ift;t; if''" pinirion with att rec€ipts that document the iosts incurred by the Srlb-Redpienl ln
order to conduct the course "
Forcourses that are non-DHS
training through the use of the
granted for conduct,
apprcved training, Sub'R.ecipienl must request approval to conduct
Nbn'TED Form ind provide a copy, along with ernail, showing approval
a
r For the $onduct of training workshops. Sub-Racipieni must provide a copy of the course materials and
sign-in sheets.
r The number of partlcipants must be a rninimum of 15 in order to justiFl the cost gf hot{t9. I course' For
questions r*g;rding adequate number of participants please coniact the FDEtul State Training Oflicer
for course rp".in* "guidr;ce. Unless the bub-R'ecipient receives.advance wrltten approval from the
State Training Ofic-ei fot tf'rr number of participants, then the Division will reduce the amount authorlzed
for reimburseirent on a pro-rala basis for any tralning with less than 15 participants'
r The Sub-Recipient must inclutle with the reimbursernent package a separate copy of the page(s) from
the State (and County or Regional) fvtYTEP reflecting the training'
E, Allowable Equipment Related Costs (SHSP and UASI)
The 21 allowable prevention, protection, mitigation, response, and recovery-equipment categories and equipment
.irnJutJ*lJjfiscp ar* listed on the web-baied version of the Authorized Equipment List (AEL) on
35
Exhibit 1
Exhibit A
Unless othe^,,/ise statod, equipmen t must rneet all mandatory
regulatory andior S-adoptecl stanclards to be eligible lor purchase using these funds.ln adclition, agencies will be
responsiblc for obtaining and maintaining all necessarY certifications and licenses for the requested equiPment'
36
Grant funcls may be used for the procurement of ntedical countermeasures, Procurement of medical
;;;;i";";-ries rnust be condulted in collaboration with State/city/local health departments who adrninister Federal
funOiitor HHS for rhis purposa, Procurement must have a soundihreat basecl justiflcation with an alm to reduce the
.Jni"qren"rs of rnas$ casiralty lncidents during the first crucial hours of a response. Prior to procuring
ottai.niceuticats, granteeJ;urt haue in place a-n inventory management plan to avoid large periodic variations in
!;;ti;;;;; t" coinciding purchase and expiration date:, Grantees are encouraged to enter into rotational
piSJrrlm"nt agreementi;ith vendors and distributors. Purchases of pharmaceuticals must include a buclget for the
liroosat of exp'irecl drugs wilhin each fiscal year's period of porformance for H$GP. The cost of disposal cannot be
carried over to another FEIvIA grant or grant period.
The equipment, goods, and supplies ("the eligble equipment") purchased$rith funcls provicled under this
aoreernent aro for Lhe purposes'$pecifl€d in'Florldats bomesii6 Security Strategy". Equipment purchased wiih
tnir-* ir"oi ritt Ue utitrzeci in the event of ernergencies, lncluding, but not limited to, tenorism'related
hazards. The Sub-Recipient inaf f place the eqilipment ttrrougho'ut the State of Florida in such a manner thai, in
the event of an emergen.y. it'u
"quipment
can bb deployed o*n the scene of the emergency or be aveilable for
ure rt u flxed loeatioi within brc (Z) nours of a request for sald deployment, The Florida Division of Emeryency
fvfunig.n1enitFDEltl) musi appiou6 any purchases of equiprnent not'itemized in a project's approved budget in
advance of the Purchase
The sub-Recipiont will, ln accordance with the statewide mutual aid agreement or other ernergency response
;;;;" as specifleC in the "Florida Domeslic Securily Strategy," ensuie that all equipmont purchased with
ffi;;;"drl; ur*,t to respond to any and all incidenfswithinlts regional response area as appllcable for.so
lon6 as this Acrreement rernains in effect. Prior to requesting a response, the FDEM will take prudoni and
ipi.Jpriri. ,Jlon toOuturmine that the level or intenslty of the incident is such that the specialized equipment
ancl resources are nece$$ary to mitigate the outcome of the incident,
The Sub-Recipient shall flotiry the FDENI Ofiice of Domestic Preparedness at; 2555 Shumard Oak Blvd"
iutrrt usu*, Florida 3239g on" yenr. in ad'rance of lhe expiralion of the equipment's posted shelflife or normal
fit".rpr.tu,i.yorwhenithasbeenexpended. TheSub-Recipientshall notifytheFDElvl immediatelyifthe
equipment is destroyed, lost, or stolen'
Controlled Equiprnent (SHSP, UASI, and OPSG)
Cirri f,,rOu mLy'ne used for the purchase of Controlled Equipment; however, because of the nature of the
eouioment tne poterrtial imfiactolr the cornmunity, there are additional ancl specific requirements in orderto acqlrire
tnis bquipment. Refer to B 4A?a: Use of Grant Funds for Conholled Equipment,
F. lVlanagement and Adrninistration (M&A)
Management and administration (tul&A) activitles are those directly relating to the managernent and adminjshation of
uSOtsfrnO*, such as lnaniialmbnag6ment and monitotlng. Sun-Recipients awar<led M&A costs underthis
ugr"u*unt can retain a maximum of up to 5% of their total agresrnent award amount fOr lvl&A cOsts,
fvl&A activities iocludes:
r Hiring of fulltime or part-tirne staff or contractors/consultants:
' To assist viith thc managernent of the respective grant program,
r To assist with application rcquirements'
r Io assist with the compliancy r,vith reporting and data collection requirements'
G, Procurement
Ail procutement transactions will be conducted in a manner providing full and open competition and
shall comply with the standards articulated in:
r 2 C,F,R' Part 200;
r Chapter 287, Flarida Statues; and,
any local procurement PolicY.
Exhibit 1
Exhibit A
To the extent that one standard is more stdngent lhan another, the Sub-Recipient must follow the more
slringent standard. For example, il a State statute imposes a stricter requirement than a Federal
regulation, then the Sub-Recipient must adhere to the requirements of the State statute.
The Division shall pre-approve all scopes of work for projects fund€d under this
agreement, Additionally, the Sub.Recipient shall not execute a piggy"back contract unless the
Division has approved the Scope of Work contained in the original contract that forms the basis for the
piggy-backcontraci, Also, in order to receive rsimbulsement Frorn the Division, the Sub-Recipient musl
provide the Di,zision with a suspension and debarment form for each vsndor that performed work under
the agreement. Furthermore, if requested by the Division, tho $ub"Recipient shall prorride copies of
solicitation documents including responses and justification of vendor selection.
H. Piggy-backing
The practice of procurement by ono €gency using the agreement of another agency is called
piggybacking. The ability to plggyback onto an existing contract is not unlimited, Tho existing contract
must contain language 0r other leqal authority authorizing third parties to rnake purchases from the
cqntraci with the vendor's consent, The terms and conditions of the new contract, including the Scope
of Work, mr-rst 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 contraci merely as a 'basis to begin negotiations" for a broader or materially different
c0ntract.
Ssction 215.971, Florida Statutes
,Slatutory chang6s enacted by the Legislature irnpose additional requirements on grant and Sub"
Racipient agreements funded with Federal or Slate linanciai assislance. ln pertinent part, Section
215.571(1)statesi
An agency agreement that provldes state financial assistance to a RecipienI or
Sub-Recipient, as those terms are defined in s. 215.97, or that provides federal financial
assistance to a Sub-Recipient, as defined by applicable United States Office of l\lanagement
and Eludget circulars, must include all of the following;
A provision specifying a Scope of Work lhat clearty establishes the tasks that ihe Recipient or
Sub-Reciplent is required to perform.
A provision dividing the agreement into qLrantifiabie units of deliverables that must be received
and accepted in writing by lhe agency before paymenh Each deliverable must be diroctly
related to the Scope of Vl/ork and specify lhe required minimum level of servlce to be
perlorlned and the criteria for evaluating the $uccessful completion of each deliverable.
A provision specifying the ffnancial conseqrrences lhat apply if the Recipient or Sub-Recipient
fails to perform the minimum level of service required by the agreerttent. The provision can be
excluded from the agreement only if financiai consequences are prohibited by the federal
agency awarding the grant. Funds refirnded lo a state agency from a Recipient or Sub.
Recipient for failure to perform as required under the agreement may be expended only in
direct support of the program from which the agreement origlnated.
A provision specifying that a Recipient or Sub-Recipient of tederel or stats financial assistance
may expend funds only for allowable cost$ resulting lrom obligations lncurred during the
specifl ed agreement period,
A provision specifying that any baiance of unobligated funds which has been advanced or paid
must be refunded to the state agency.
A provision specifylng that any funds paid in excess of the amount to which the Recipient or
Sub-Recipient is entitled underthe terms and conditions of the agreemenl must be refunded to
the state agency,
Any additional information required pursuant to s. 215,97,
a4\t
Exhibit 1
Exhibit A
L Overtime and Backfill
The entire amount of overtime costs, including payrnents related to backfilling personnel, which are the direct
result of tim€ spent on the design, de'relopment, and conduct of exercises are allowable expenses, These costs
are al{owed only to the extent the payment lor such $ervices is in accordance with the policies of the Stat€ or
unlt(s) of local government and has the approval oi lhe State or the awarding agency, whichever is applicable. ln
no case is duai compensation allowable, That is, an ernployee of a unit of government may not receive
compensation frorn their unit or agency oi governmenl AND from an award for a single period of time (e,9., 1 :00
p.m. to 5rOtl p.m.), even though such work may benefit both activities. Requests for overtime or backfill must be
reduced by the number of hours of leavo taken in the pay period, For the purposes of this agroernent, leave and
pay period are defined according to the Fair Labor Standards Act (FLSA),
Failure to comply
Failure to comply with any of the provlsions outlined above shall result in disallowance of reimbursement for
expenditures,
Unallowablo Costs ($HSP, UASI and OPSG)
Per FEtulA policy, the purchase of \r/eapons and weapons accessories is not allowed with HSGF.
J. ReportlngRequlrements
Quarterly Progra mmatic Reportlngr
The Quarlerly Programmatic Report is due within thirty (30) days after the end of the reporting periods
(tularch 31, June 30, September 30 and December 31) for the life of this confract,. lf a report(s) is delinquent, future financial reimburaernents will ba withheld until the Sub-
Reclpient's reporling i s cirrrent.. lf a report goes h,vo (2) consecutive quarters without Sub-Recipient 16flecting any activity
and"or no expenditures will likely resuit in termination of the agreement.
Erqqr@
Reporting Perlod Report due to FDEM no later than
Januarv 1 throuoh tularch 3l Aoril 30
Aoril 1 throuqh June 30 Julv 3'l
JLrl'r 1 throuoh Seotember 30 October 31
October 1 throuoh December3l Januarv 31
2. Progranrmatic Reporting"BSlR
Fiannu-al Strategic.lmpl
After the end of each reporting perlod, for the liie of the contract unloss directed otherwise, the SAA, will
carnplete the Biannual Strategic lmplernentatlon Report ln the Grants Reportlng Tool (GRT)
htto-s:/ivr,rrl,v.repg4ing,qdn.dhs.oov, The reporting periods are January 1.June 30 and July 1-
December 31. Data entry la scheduled for Decernber 1 and June 1 respectively. Future ar,vards and
reirnbursement may be withheld if these reports are delinquent,
3. ReimbursementRequests:
A request for reimbursenrent may be sent to your grani nanager for review and approval at any time
during the contract period, Reimbursernents 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 ln denial of reirnbursement, The Sub-Recipient should
include the category's corresponding line item nurnber in the "Detail of Claims" form. This number can
be found in the "Proposcd Program Budget", A line item number is to be included for every dollar
arnount listed in th€ ''Detail of Claims" form,
38
1
4. Close"out Programmatic Reporting
Exhibit 1
Exhibit A
Ihe Close-or.rt Report is due to the Florida Division of Emergency Management no later than sixty (60)
caiendar days afler the agreement is either completed or the agreemsnt has expired.
K. Programmatic Point of Contact
Contractual Point of Contact Programmatlc Point of Contact
fvlichaelJ. Day
FDEIVI
2555 $humard Oak Blvd.
Tallahassee, FL 3?399-2 100
(850) 81 5-4346
Itilichasl, dav.@em. mvflorida,com
Amy Garmon
FDEfuI
2555 $humard Oak Blvd.
Tallahassee, FL 32399-21 00
(850) 81 5-4356
Amv, G arm on(d e m, m vfl orida. cnm
L, Contractual Responslbiltties
' The FDEtul shall delermine ellgibillly of projects and approve changes in Scope of Work.
o The FDEtul shail administer the financial processes.
39
Exhibit 1
State Homeland Securtty Prograrn (SHSP): SHSP supports the implementalion of risk driven, capabilities"based
State Homoland Security Strate-giu" to address capabiliiy targeto set in Urban Area, State, and regional Threat and
H"irrO f a"ntincafion and Risl R-ssessrnents (THlFiAs). fhe ;apabllity levelsare. assessed in lhe $tate Preparedneos
Reoorl (SpR) and inform planning, organizafibn, equipment, training, and e xerci se ne€ds to prevent' protect agalnst,
riGtd, respond to, and recover from acts of terrorism and other catasttop hic events'
oroanization Dellverable: Subiect kr the funding limitations of ihis Agreernent, the Division shall reimburse the Sub-
ilileirri f"i in. urtuur eligible costs for Personnel, lntelligence Analysts, Overlime and Operational Overtime'
Exerclse Deliverable: $ubject to the fijnding limitations of this Agreemenl, the Division shall relmburse the $ub'
[J"ip,.r,t for the actuat *l'oi rr.""rsful[ impleting an exercis-e*which ffieets the Departrnent of Homeland
b;;;,1t H;*;tand Securiry Exercise and 'Evaluition Frogram_(HSEEP)standards and is listed in A)the State of
Froiiar'urrrti-Vear rralningitxercise Plan (lvlYTEP), ani n1 Cot4_tv or Reqjonal TEP for tne region ln which the
bu"o-C"lrpr"nt i, guogrupii."ily iocated. lnfbrmation related'to TEP! and HseEp compliance can b9 fgyqd online at:
[ins,r*ir,ff ir.ir{l.giuli',pe,9p] rJliu qJrggsqq.oj{ris Agre_ement, any exor6se which ie compliant with HS EEP
ffi",d"ffiffin-ffi strt" or Ftoiiaa MyrEP qultiRes as an iuthorizod exercise, The sub'Recipient can
iri""u*frf fy camplete an authorized exercise either by altendlng or conducling that exercise'
Training Dellverable: Subject to lho funding limitations of this Agrreement, the Divlsion shall reimburse the Sub-
neifpieit for the actuat .ort of ,ur"**nfully
-completing
a training course listed o n the Department of Homeland
s".,iliv ipis) approvea course catatog.
'For non-ofs approved courses the.sub-Recipient shall obtain advance
;;'EM';dtr";jr 1iJing 1'r
-t'r*-ff
n toni ny contacting their grant man.ager. The DHS course catalog is available
.'l*" Ji;'nUpltrerOEg&ae*Sd, For the purposes of this &.6919n!, any training course listed on the,DHS
aooroveo coiffe catarog qualfiA as an auihoiir"d course, 'ihe sub-Recip ient can successfully complete an
auihorized course either by attending or conducting that course'
Equipment Deliverable: Subject to the funding lim.itations of this Agroement, he Division shall reimburse th6 Sub"
FJ"ilit"ni to1 the actuat roiioi'prrCi'turing an iiem,idenlifiod in the approved poject funding lyntSte andludget of
ililg;;dt and tisted on thf ons Au[horized EqLripment Llst (AEL). For the purposes of this Agreement, any
item listed on the AEL qruiiflrr as en authorized fem,'The 21 alldwable prevention, prolection' mitigation, response,
;;; ,;;;rt
"quipment
citegories and equipment standards for HSGP are listed on ihe web-based version of the
lrir.,ori*J dqrip,irenr l-ist-1iigy on the Lessons Learned lnforrnatlon system at httqil/qela,feFa.qqYlaulhodzed'
d.rj rcf. in addilon,'ag#cies witt be responsible for obtaining and rnaintaining all necessary certillcations and
iiCenses for the requested equipment.
li-J,r"g"r";;t Dul'*.rioreiSu5i*.iio ti'* funding limitations of this Agreernent, the Division shall reimburse the sub-
n*ripi"tnt for the actual cost for lvlanagement and Administration (M&A') actitrities.
Costs for allowable items will be reimbursed if incurred and cornpleted within the period of pedormance, ln
accordanco with the scope of workr Attachment B of this agre€ment,
Exhibit A
ATTACHMENT C
DELIVERABLES AND PERFORMANCE
40
Exhibit 1
1)
?\
3)
4)
s)
6)
7)
B)
e)
10)
11)
12\
13)
14)
15)
16)
17\.
1B)
19)
?0)
21)
Exhibit A
Attachment D
Program Statutes and Regulations
Age Discrimination Act of 1975 42 U.S.C, $ 6101 el seq.
Americans with Disabilities Act of 1990 42 U,S,C. $ 12101-12213
Chapter 473, Flodda $tatutes
Chaoter 215. Florida Statutes
Chaplet 252, F lorida Statuteq
Title vl of the clvil Rights Act of '190,4 42 u.s.c, $ 2000 ef seg.
Title Vlll of tho Clvil Rights Acts of 1968 42 U.S.C. $ 3601 et seq,
Copyright notice 17 U.S.C. $S 401 or 402
Assurancss, Administrative Requirements and Cost Prlnciples 2 C,F.R. Part 200
Debarrnent and Suspension Executive Orders 12549 and 12689
Drug Free Workplace Act of 19BB 41 U,S'C. $ 701 et seq.
Duplication of Benefits 2 C,F.R. Part 200, Subpart E
Energy Policy and Conservation Act 42 U.S.C. S 6201
FatsJ bhims Act and Program Fraud Civil Remedies 31 U.S.C. $ 3729 also 38 U.S,C. $ 3801'3812
Fty Amerlca Act 0f 1974 49 U.s.c, $ 4l 102 also 40 u.$.c. $ 40118
Hotel and tulotel Fhe Safety Act of 1990 15 U,S,C. $2225a
Lobbying Prohibltlons 31 U.S,C. $ 1352
Patents and lntellectual Property Rights 35 U.S.C. S 200 et eeq'
Procurernent of Recovered tUaterials section 6002 of Solid Waste Disposal Act
Terrorlst Financing Executive Arder 13224
Tlle lX of the Edulation Anrendments ot 1972 (Equal Opportunity ln Education Act) 20 U.S.C. $ 1681 et
seg,
Trafficking Victims Protection Act of 2000 22 U,S.C. S 7104
Rehabilitation Act of .1973 Section 504, 29 U,S,C, S 794
usA PatriotAct0f 2001 18 U.S.C. $ 175-172c
ly'/histleblower Protection Act 10 U.S.C. $ 2409, 41US,C. 4712, and 10 U.S,C. 52324,41 U.S,C. S $ 4304
and 4310
53 Federal Register 8034
Rule Chapters 27p-6,27P-11, and 27P-19, Florida Administrative Code
4l
22)
23)
24J
25|
26)
27)
Exhibit 1
Exhibit A
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
SUB-RECIPIENT:
lf you are requesting an advance, indicats same by checking the box below,
l- I .\D1'..L\CE RIQIiESTED
Advancepa}.u1cnt0ls-isreqrrestc.d,BuIatrcc-ofp:rynurrtslvillbetrrndu'ot.tirreirrtbursententbasis,These
ftrncls are ieede.l tn pa-r siiflililr.l lr..'lefits kl cousunters. for the purchase stilrt'tlp supptir-'s and equipment'
ThC sub-recipient,"voulcl nLlt bc gble tLl operflte lhe progrlur rtithtrut this adl'nnce.
lf you are requesting an advance, complete the foltowing chart and line itern justification below
EsrlrvlAJEE-EXe EN9ES
BU ET IT
(list applicable line ltems)
@uies for First Thres Mlonths (90 daye
of Funding Agreement
ADfuIINISTRATIVE COSIS
(lnclude Secondary Administration,)
PROGRA|\il EXPENSES
TOTAL EXFENSES
LtNE lTEfu,l JU,$IlFlCAIlqN (For sach line itern, provide a detailed jurtification explaining the need for the cash
"dG.dfi.
jGtiflicatlon nxlstiniluOe supportin'g documentation tirat clearly shows the a<lvance will be expended
*itrtin 6tu first nirrety (g0) d;t; of tt''ro Funoing Agrlement term. Supporting.documentation should include quotos for
il;;h"*r, detivery'timeiined, satary anO exfenJe.projections, etc.-to provide the Division reasonable and necessary
;;ililih;t the advance *ifi'f" **ernUeO riritnin tn9 drsl ninety (90) ciays of the Funding Agreement term, Anv
i,lubn"" funds not expenCea witnin tlre first ninety (90) days of the contract term shall be returned to the Divlsion
cirr,i*r, 2b5E shumard oak Boulevard, Tailahasbee, Ftotiua lzgsg, within thirty (30) days of receipt' along with any
interest earnsd on the advance)-
42
Exhibit 1
Exhibit A
ATTACHMENT F
U/ARRANTIES AND REPRESENTATIONS
The sub-Recipient shall ha're its offices open for business, wilh the entrance door o pen to the public, and at least one
employee on site, from Mandlrr la Frldav from 8em lo 5om
financiaI Mandqgment
The sub-Recipient's flnanclal management system must comply with z c,F,R, sz00 3oz.
Prgq!rqmgnts
Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of Z C.F.R.
$200, Pad D-Post Federal Award Requirements-Procurement $tandards (Z C,f,R. SS200,317 through A00.326).
Qgdgs of conduct,
The $ub-Recipient shall mainlain written standards of conduct governing the perfornance of its employees engaged
in the award and administration of contracts. No ernployee, olficor, or agent shall parilclpate ln the seteic$on, a*ard,
or administration of a contract supported by public grant funds if a real or apparent conflict of jnterest would be
involved, Such a conflict would adse when the employee, officer, or agent, eny member of his or her immediate
family, hls or her parlner, or an organization which ernploys or is about to employ any of the pafties lndicatod, has a
financial or other intere$t in the ftrrn selected for an award. The officers, employees and agents of the Sub-Recipient
shall neither solicit nor accept gratuities, fa,rors, or anything of monetary value lrorn contractors or parties to
subcontracts. The standards of conduct shall provlde for disciplinary actions to be applied for violaiions of lhe
standarCs by officers, employees, or agents of lhs Sub.Recipient,
Eueiness Hourr-g
Llcensing And Pernlllins
All sullcontractors or employees hired hy the Sub-Recipient shail have all current licenses and permits required for all
of the particularwork for which they are hired by the Sub-Recipient,
43
Exhibit 1
Exhibit A
ATTACHMENT G
Debarment, Suspenslon, lnetlglbility
And Voluntary Excluelon
Subcontractor Covered Transactions
(1)TheprospectivesubconttactorofthesUb-Recipient,-,certifies,by
submission of this documeni, that neitlrer it nor its prinoipals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excludecl frorn participatlon in thls transaction by any Federal
department or agency.
(2)\^Jhere 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 Narne
Name and fiile FDEM Contract Number
Street Address Proiect Number
City, State, Zip
Date
44
Exhibit 1
All of the instructions, guidance, limitations, and other conclitioos set forth in the Fy 201g Notice of Fundingopportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award.All Sub-Recipients rnust comply with any such requirements set Fo,'th in the program NOFO.
All sttb-Recipients who receive awards made under programs that prohibit supplanting by law rnust ensure lratFederal funds do not replace (supplant) funds that havoieen ouJgiitJo roi trre'same p'rrpoi" tniougn non-reoerats0urces,
All sub-Rocipients must acknowfedge their use o.l'federal funding.when issuing statements, press releases, requestsfor proposals, Hd lnvitations, and other documents describing pr;lects orl*grams funded in whole or in part withFederal funds.
Any cost allocable to aplrtlcular Federal.award provided for in 2 C.F,R, pan 200, subpar.t E rhay not be charged toother Federal a',vards to 0vercome fund deflcieniies.. to avoid restiiitions imposed by Federal statutes, regulations, orterms and conditions olthe Federal awards, or for other reasons. Howe'rer,'this prohioition wourJ noiprecruoe a$ub'Recipienl from shifting costs that are allowable under two or more reuerat awarcls in accordance witn existingFederal statutes, regulations, or the lerms and conditions of lhe Federal award
$ub-Recipionts are required to comply with the requirements set forth in the government-wicle Award Term regardingthe system forAward l\,lanagement and Universal ldentifierRequirements located at 2 C.F.R, part 2s, AppendixA,the full te.vt ol which Jncorporated here by reference in the terms rnJ
"onjitionr
of your awarJ,
All sub-Recipients rnust acknowfedge and agree to comply with applicable provisions governing DHS access torecords, accounts, information, facililies, and staff.
.! . syb'ngcipient rnust c€operate with any compliance review or compliant investigation conducted by the Stat6Administrative Agency or DHS.
2 sub'Recipient will give the State Administrative Agency, DHS or through any authorized represen{ative, accessto and the righl to examine and copy records, accounti, ani books, papers] or dicuments r€lat;d to ih; grant
3' $ub"Recipient filust subrrlit tirnely, complete, and accurate repod$ to the FDEtvl and maintain appropriate backupdocumentation to support reporls, Sub-Recipients should also .olnplv wiff *ri other special r"p"rfir-gi a;tu collectjonand evaluation requirements, as prescribes by law or detailed in progiam guidance.
4' lf' during the past thj.99,yg?l::,the sub-Recipient has been accuseclof discrimination on the grounds of race,color,.national origin (including-limited English proficiency), $ex, age, dioability, religion, orfarniliaistatus, the sub-Recipient must provide a liet of all su_ch proceedings, p-e.nqing or cimpteteo, i'ncluoing outcomaanJ copli, orsettlsment agreements to FDEtul for fonvarding to tne nHs aivarding brRce ano 1l" nr-lS Connp;;u;;"" -
5' ln the event a Federal or stata coud or Fecieral or State administrative agency makes a flnding of discriminationafter a due process hearing:!]li? qo,.l1gs 0f race, color, religlon, nationat oiigtn, sex, oroisauliitiagainst a sub-Recipient of funds. the Sub-Recipieot wiil forward a copy of ttrj nn;in; ; il;o"rfi"; r"i Cirit Rtghi; dffice of JusticePrograms.
6. Sub-Recipient will acknowiedge lheir use of federal funding when issuing statements, pr€es roleases, andreque$ts for proposals, bid invitations, and other documents deicribing proleit* or programs funded ln whole or lnpart with Federal funds.
7 ' Sub'Recipiont will establish safeguards to prohibii employees frorn using their positions for a purpose that is orgives the appearanc€ of being motlvated bya desire Forprivaie gain fortlrernsetvedorotn"rs, p.rfiCubirvtnore*itn
whom they have famiiy, business, or other ties.
B' suh-Recipient who receives awards made under programs that provide emergency communications equipmentand its related aclivilies mustcomply with SAFEcolvt Guiiance for emergency c.immuni.aiio;'C;;;i-; inctudingprovisions on technical standards that ensure and enhance interoperableiommunicatlons.
Exhibit A
ATTACHMENT H
SIATEMENT OF ASSURANCES
45
Exhibit 1
9. Sub-Recipient will ensure that lhe facilities under its ownership. loase or supervision which shall be utilized in theaccomplishment ol the project are not listed on the Environrnental 'Protection
A-rlency's (EFA) list of Violating Facilitiesand that it will notifli lhe Federal grantor agency ol he receipt of any communicitiontro]n yrrj Oirector oi ihe epAoffice of Federal Activities indicating that a facility to be used in the project is under consideration for listing by theEPA, i
10. lf/hen original or replacement eqrripment acquired uncer this award by the Sub-Recipient is no longer needed forthe original project or program or lor other activities curontly or previously supported by OHS/FEfuIA, ydu mustrequest inslructions from FDEtul to make proper dlsposition br m'e equipment 'pirrsuant [o 2 C. F.R. Seition 200,31 3.
Exhibit A
46
Exhibit 1
ATTACI.IMENT I
MANDATORY CONTRAC| PROVISIONS
Any contracl or subcontract funded by this Agreement must conlain the appticeble provisions ouilined in Appendix llto?c.F'R.Pad200. ltistheresponsibiiltyoithesub-Recipienttorncruoliinerequlreprovisions, TheDivtsionprovides the following list of sampte provisions that rnay Uo'requirect:
Exhibit A
47
Exhibit'1
O&lB euldqnce
- . i)._ llrrtt.:.-llri:r)r .\ :t. .u rm,rn.l,.."l , l0 U..$.C,jl I l. :11 l:1,.'d'!I..r 1 :.,,1,f, :rr,l trt I.n,l.r, r; l",iair;l,'(:,il.r : !,rfl . {; : !tr:lr.il Lit: !1., I,f rt, 1l+[ rull :,f ].:1.!:;l 0:{.',i,i'; oi !1.}.o iiir.trl.rl b:r n*n-!.n,ll,r1lnn'-:'.l.ri :nai'" ln, iu.lt] .l Ut..:1'1.': :n rr c,rrr.:ili,:rn,J'. \r't.h ,:ii fjrTl..LPn.:oI .\ lt ll., L. i.f!il:..lili. rt'l l]lri..:t1 14 .u;'1;:;;1.,11ep.i,.1 lgI.nj{ttt-:rr,.rnl. oi l.,r::': | :'..*.t:,t:i:rn.: rlL C!.1.1P(', t. I-r!,r1 .t1.,.',1...',t.; Irr')vi.t.:ru .tptrli-.'.ll:.i.-r .1,.\ C1';:l:1.e, r,s C,Jv.rrln- Fll!,,11;1.a ,ri1-n,rn!l,l .u',' I .d,;;1,;tdl Cr:[-iil'{1,]tii}n t. fn ir:-:rrr I.rX-rr wlqh Dh,r Jt,t.1il',n. ;{ln(t,:I(:t.)t-3 mlt.tl;Dt f'J(iil::"]il iil piti' w}i,nt:i r..O lJlnrrrtl .fxrl m,J-
Exhibit A
195
48
Pr.200, App. il
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49
Exhibit 1
. ATTACHMENTJ
MONITORING GUIDELINES
Florida has enhanced slate and local capability ancl capacity to prevent, prepare and respond to terrori$tihreats since _1999 through_verious funding sources including feOerat grant flnds, The Florida Division of
Fmergency tulanagement ( FDEtul) has a responsibilig to tradk and moiitor the status of grant activlty ancliterns purchased to ensure compliance with applicable grant guidance and statutory reguiations. Th'e
monitoring process is designed to assess a $ub-Recipient agincy's cornpllance wilh aiplicable state and
federal guidelines.
tulonitoring is accomplished. utilieing various methods including clesk monitoring and on-site visits. There aretu/o pilmary areas rst/iewed durlng rnonitoring activities. finaricial and prograrimatic monitoring. Financialmonitoring is the review of records associated with the puruhase and dispisifion of property, pilects anJcontrscts, Prograrnmatic monitoring is the observation of equipment purchased, protoiotslnA otner
associated records' Various levels of financlal and programmatic review may be accomplished during thisprocess.
Desk monitoring is the review of projects, financial actlvity and technical asslstance between FDEM and th€
applicant via e-mail and tefephone. On-site monitoring aie actual visits to the Sub-Recipi"nt aje,nci& [yDivision representatives who examines records, procedures and equipment.
FDE/!l may request additional monitoringiinformation 0f the actlvity, or lack lhereof, generates questions from
the region, the sponsoring agency or FDEfvl leadership. The me$iod nf gathering this informati6n will be
deterrnined on a case-by-case basis.
Desk monitoring is_9n-01'O_9i19 plocess,
.
Sub-Recipients will be required to participate in desk top monitoring
as determined by FDEIVI' This con{act will provide an opportunity to identify the need for lechnical assistance(TA) and/or a site visit if FDEtul determines that a Sub-Reclpient is having dlfflculty cornpleflng tfreir projeit,
As difficulties/deficiencies are identified, the respective regfon or sponsoring agency will be notified by theprogr?rn offioe via email, lnformation will include the grant SuO"Recipient fren'cy n'ame, year anO pr6ject
descrlption and the naturo of the Issue ln question, lViany of the issubs that-arise may neiesolved'at ihe
regional or sponsoring agency level, lssues that require further TA will be referred lo FDEM ior
assistance, Examples of TA include but are not limited to:
Freeuency of ?nnllql monito{nq actlyilu
Each year, FDEIVI will conduct monitoring based on a "Risk Assessment", The risk assessment tool is used tohelp in determining the priority of Sub-Recipients that shouid be reviewecl and the level of monitoring ihat-should bo performed, It is irnportant to note that aithough a given grant may be closeC, it js stjll subjict heither desk or on'site rnonitoring for a five (s) year peridd foliowing"closure.'
Areas that will bg qlgmineC jnclude;
. Managernent and administratjve procedures;
Grant folder main tenance;r Equipmentaccountability and sub.hand receipt procedures;
Prograrn for obsolescence;. Status of equipment purchases;. Status of training for purchased equipment;r Slatus and number of response lrainings conducted to include number trained;
' Slatus and number of oxercises;. Status of planning aotivity;
Anticlpated projocted completion;r Difficulties encountered in completing projects;r Agency NIMS/lCS compliance documentation;. Equal Employment Opporlunity (EEO Status);. Procurement Pollcy
Exhibit A
I Equipment seloction or available vendors
Eligibility of items or servlces
50
Exhibit 1
Exhibit A
' coordinatjon and partnership with other agencies within or outside the region or discipline. Recordkeeping. Reporljng Requirements. Documentation jn support of a Request for Reimbursement
9n-{ite M?nitofi n o protocoJ
on'eite monitoring will be.conclucted by FDEfuI ordesignated personnel. on-site monitoring visits will bescheduled in advance with the sub-Re'cipient Age.ncy Foc a.i.ig"rt;;i; ilr granr agreernenr. subject matter
:i1"*:5.t other agencies within ths region oistate may be rr'ir"J uion'io assist in rhe form of a pesr review
on-site monitoring visits will begin with those sub-recipients that are cunenily spenclirrg and risks are idenlfiedand significant for that federal fiical year (FY 1B), site uiritr ;;y;; .iriiiriuo when geographicalyconvenient' There is a financial/progiammatic oti-site moniioii.ijri".-nrirlii, assist in the complerion of allrequked tasks.
$lte Visit Pre_pararjon
A monitoring notificalion letter wili be sent to the sub-R€cipient Agency point of contact (poc) ouflining thedate' time and purpose of the site visit before the planned arriuat iate.'rnl ,ppointr"n, should be confirmedwirh the sub-Rocipient in writing (emall ts accepta'orel an;;;;;i;;'iniril srant rotrter.
The physical location ol any equipment located at an alternate site should be contirmed wlth a representativefrom that location and the address should be docurnented in rne gia;6igl;r before the site visit.
Q+S ite Mon itori n q Vls_l!
once FDEtul porsonnel have arrived at the site, FDEtul.personnel wlll explain the purpose of the site visit and
l,HJ*tt
FDEIII intencls to examine wi/l be identilleo, Alt ooiective*
"r
# rit"
"i.it wilt be explained during this
FDEfuI personnel will review all files and supporting documentation. once the supporting documentalion hasbeen re'rierved, a tour,rvisualispot inspection bt elripment wifi be conducted.
Each item selected for revlew should bo visually insp.ected wherrever possible, Bigger items (computers,response vehicles, etc, ) should have an asset decal (inrormatjonlseriaj
"i,ii u"O placed in a prominent locationon each piece of equipment-as per sub'Recipiont igency requirements. The serial nurnber should correspondwith the appropriate recelpi to^confirm purchase. pn-otograpni srrouio oe ta'ken of tne equipment (large capitalexpenditures in excess of $1,000. per iiem). lf an item 6 not uluiiroiu iu"j"gir"u durlng time of the site visit),the appropriate documeniation rnust be provided to account for thatparticular piece of equipment.
other prograrnmatic issues can be discussed at this tirre, such as missing quart€rty roports, paymentvoucher/reirn bursernent, equipm ent, question s, etc.
Post Monitorino Visit
mEfrirtson6ffiill.ilview the on-site monitoring worksheets and backup documentation as a team anddiscuss the events of the on-site moniioring.
within thirty (30) calendardays of the site visit, a post monitoring letter will be generatecl and sent to the sub.recipient explaining any issues and corrective acti'ons requtred or recornmendations. should no issues orfindings be identified, a Dost.monitoring lelter to that effedt wri# g"""r r*i'!io ,"nr to the sub,Recipiont, lfthere are no findings, the sub-Recipi-"r*iiisii,iiiia corrective.qitd;pi;; iuii-rrrn u timofranre as determinedby FDE['|' Noncornpliance on behalf of sub+eclpienl is resotveo oy aa..g*#rt under the terrns of the sub-Grant Agreement.
ATTACHMENT K
EHP GUIDELINES
ENVIRONMENTAL PLANNING & HlsroRlc PRESERVATION (EHp) coMpL|ANCE GUt0ELINES
The following types of proiects are to be submitted to FEfuIA for compliance review under Federal environmentalplanning and historic preservation (EHP) laws and requirements prfor to initiation of the project:
5l
Exhibit 1
I New construction, lnstallation and Renovation, including but not limited to:: Emergency Operation Centers
- Security Guard facilities: Equipment buildings (such as those accompanying communication towers)_- Waterside Structures (such as dock houses, piers, etc )
' Placing a repeater andior other equipment on an existing tower
' Renovation of and modification to buildings and structures thal are 50 years old or olderr Any other construction or renovation efforts that change or expand the footprint oF a facility 0r structureincluding securlty enhancements to improve perirnetei security. Physical Security Enhancemente, including but not limited to:
; Lightingr Fencing; Closed-circuit television (CCTV) systerns: tulolion detection systems,- Barriers, doors, gates and related security enhancements
ln addition, the erection of comrnunications towers that are included in a jurisdiction's interoperable communicetionsplan is allowed, subject to all.appllcable laws, regulations, and licensing provisions, Cornmunication io'""riro1ect*must be submitted to FEtulA for EHP teview,
EHP DETERMINATION PROCESS
:,rblll the.Final.Screenlng luerno to the sAA for reyielv prior to funds being expended,
The SAA will review and notify tho Sub-Recipienl of its decision. inu g6ntii s'hould incorporate sufficienttime and resources inio the project planning proccss to accommodate-EHp requirernents.
APPROVAL PROCESS TO FEMA
Prepare a forrnalwritten Scope of Vl/ork with details ouilirred in the attached EHp ComplianceRequirerlents,
The Final Scqeling ltlemo should be attached to all project information sent to the Grant programs
Directorate (GPD) for an EHP regulatory cornpliance review.
Complete the attached National Environmental Policy Act (NEPA) Compliance checklist.
lrepare rnaps indicating the location(s) of proposed iroleit louioance iiroutouoi.Tal<e photographs of the localion(s) of proposed projbct'(Guidance p.oviaeoj
Fonvard all documents to the SAA. Ail documents are tiren fonryarded to Gio olectronically via theCentralized Scheduling and lnformation Desk (CSID) at qs&csid@dhs,qov.
cslD will send an email confirming receipt of ttre prolect oeffiii6il-
FEfuIA Program Analyst sends notilication to SAAwhen review'is cornplete, SAA notifies Sub-Racipient ofFEIVIA's final docision.
THE PROJECT tulAY BEGIN ONCE FINAL FEI/IA APPROVAL lS RECEIVED. Grantee shoutd incorporarosufficient tirne and resources into the project planning process to accommodate EHF requirements. ' .'--
Grantoes musi tecei're written approval from FElvlA irior to the use of grant funOs for pr6iect
implernentation.
il
Exhibit A
il,
llr.
IV
vl.
vil,
VIII.
tx,
52
Exhibit 1
Exhibit A
ATIACHMENT I
REiMBURSEMENT CHECKLIST
PLANNlNQ
I 1. Does the amount billed by consuttant add up correctly?
f] 2, Has air approprrate documentation to denore hours worked been properly signed?
t] 3 :_T :_"-1'.,.
of all planning materials ancJ work product (e.g. nreeilng documents, copies of plans)
beon included? {Note - if a meeting was helcj by Suo-Reciplent or contractoriconsultant of sub-
Recipient, an agenda and signup sheets with meeting date musr be rncluded).
tl 4' Has the invoice from consultanUcontractor been included? (Nore - gran( agreement mu$t bereferenced on the lnvoice.)
5, Has proof of payment been lncluded?
Canceled check
Eleclronic Funds Transfer (EFT) Confirmation
creclit card staternent & payment to credit card company for that sratement
0. Has Attachrnent G (founcJ within Agreement wlth FDEI\,[) been eornpleted for thiscontractor/consultant and incluCed in the reimbursement package?
Z' Has proof of purchase methodology been included? Please see Form 5 of Reporting Fornts orPurchashry Basics Attachment if fut-ther clarity ts neeclecl,
::1*-_.__ Sole Source (approved by FDEIVI for purchaoes exceeding $2S,000)*Vendor//lvlanufacturer justification lettor is required
$tate Contract (page showing contraci #, price list)
Competitive bid results
congultrntrlc.gntrrgtoi* fNot",..thlg roori*r to-Qontr?.to^ rrso bilr"d und"g.,: oroen,igJion,l
tf
tl
TR,AINING--E-
r
tl
1, ls the course DHS approved?
2. ls there a coLrrEe or catalog number? lf not, has FDEIII approved the non-DHS training?
3, Have Sign-ln Sheets, Rosters and Agenda been provided?
4 lf billing lor overtlme and/or backfll, has documentation boen provided that lists aftendee names,
department, # of hours sp€nt at kaining, hourly rate and total amountpaid to each attendeo?
Har,'e docurnentation from entity's financial system been providecl as proof attendees werepaid?
For backfill, has a clear delineation/cross reference been provided showing who was
backfllling who?
5' Have the names on the sign'in sheets been cross-referenced with the names of the individuals forwhom training reimbursement costs are being sought?
6' Have any expendihrres occurred in support of the training such as printing coste, costs related toadministering the training, planning, scheduling, facilities, malerials and supplies, reproduction ofmaterials, and equipment? rf so, receipts and proof of paym'nt must be submitted.
Canceled check
Electronic Funds Transfer (EFT) Confirmation
53
Exhibit 1
Exhibit A
c.edit card statement & payment to credit carcl company for that statement
Has proof of purchase methodclogy been inciudecJ? piease see Form 5 of Reporting Forms orPurchasing Basics Attachment if fur-ther clarity is needed.
::-___: S.ole Source (approvecl by FDEM for purchases exceeding $2b,000) .Vendor
/tuIanufactu rer justification letter is req uked
State Contracl (page showing contract #, price list)
Competitive bid rosults
Has documentation been provided on the purposelobjectives of the exercise?
Situation lVlanual
Exerclse Plan
6X6RC/Ss--Lr-
tf
n 2. lf exercise has been conclucted are the lollowing included
After-action report
Sign.in sheets
Agenda
Rosters
3 Jf billing for overtime and backfill, has a spreadsheet been provided that llsts att6ndee names,department, # of hours spent et exercise, hourry rate and totai paid to each attondee?
Have documentation frorn entity's financial system been provided to prove att€nclees werepaid?
For backfill, has a clear delineationlcross reference been provided showing who wasbackfilling who?
Have the names on the sign-in sheets been cross-referencect with the names of ths indlviduals forwhom e.tercise reirnbursernent costs are being sought?
Ha'ze any expendiiures occurred on suppries (e.g,, copying paper, groves, tape, etc) in support of theexercise? lf so, receipts and proof of payrnent must be included. -
Cancoled check
Electrcnic Funds Transfer {EFT) Confirmation
credit card statement & payment to credit carrl cornpany for that staternent
Have any expenditures occurred on rental of space/locations for exercises planning and conduct,exercise signs, badges. etc,? lf so, receipts and proof of payment must be included.
Canceled check
Electronic Funds Transfer (EFI) Confinnation
Credit Card Statemeni & payrnent to credit card company for that staternenl
Has proof of purchase rnethodology been included? p/ease see Form 5 of Reporting Forns orPurchasing Sasics A/fachnrcnl if futther ctartty ls needed.
= -*.lol? Source (approvecl by FDEIVI for purchases exceeding $?5,000) *Venctor,'/Vlanufacturor
justifieation letter is required
State Contract (page showing contract #, price list)
Competitive bid results
+
5
6
7
EQUIPMENT*-lJ-r
2
n3
Have all invoices been included?
Has an AEL # been identifled for each purchase?
lf servicelwarranty expenses are listed, are they only for the performance period of the grant?
Has proofof payrnent been includecl?
5.1
4
Exhibit 1
Exhibit A
Canceled chock
Eiectronic Funds Transfer {EFT) Confirmation
credit card statement & payment to credit card company for that statemenr
5, lf EHP form needed, has a copy ofthe approvar DHS been incrucred?
6' Has proof of purchase methodology been included? Please see Form S of Reporting Forms otPttrchasing Basics Attachment if fufther clarity is needed,
::_:_-"._ Sole Squrce (approved by FDEM for purchases exceecling $25,000) *Venclor
/l\la nufacturer justification letter is required
State Contract (pago showing conkact #, price tist)
Competilive bld results
TRAUEL&ONFE,RF!,tCES1' Have all receipts been furnec.l in, itemized and do the dates on the receipts match travel date$?**- Airplane recejpts
Proof of mileage (Google or yahoo map printout or mileage log)
Toll and/or Parking receipts
Hotel receip{s (is there a zero balance,ll
Car rental receipts
Rogistration fee receipts
Noter fvlake sure that meals paid for by conference are not included in per dienr amount
2. lf ira,lel is a conference has the conference agenda been included?
3. Has proof of payment to haveler been included?
Canceled check
Electronic Funds lransfer (EFT) Confirmation
credit card staternent & payment to credit card company for that statement
Copy of paycheck if reimbursed through payrolt
MATCHING FUAIDS
t] l. contrrbutions are from Non Federar funding sources identified?
D ?, contrlirutions ate lrom cash or in-kind contributions which may include training investrnents.
tf 3' Contributions are not from salary, overtime or otheroperatioflal costs unrelated to training,
sArARv POS/I/O /S
1, Has a siqned timesheet by employee and supervisor included?
2' Has proof for time wor{<ed by lhe employee been included? ls time period summary included?
-
3ffTi[',;li''slil:;
-i-*.* For fusion center analysts, have the certification docurnents been provided to the SAA iod€monstrate compilance with training and experience standards?
ORGANIZATION
t] 1, lf billing for overtime ancl backflll, has a spreadsheet been provided that lists attendee names.
department, # of hours spent at exercise, hourly rate and tolal paid to each attendee?
prb?
Have documentati0n lrom entity's financial system been provided io prove attendees were
,"*-Jt;:ackfill'
has a clear delineation/cross reference been proviclecl showing who was
n
l
Exhibit 1
Exhibit A
t] 1' Ha're all relevant fornrs been completed and included with each request for reimbursement?
2, Have the cosls incurred been charged to the appropriate POETE category?
n 3, Does the total on all Forrns submitted match?
tf 4' Has Reimbursement Form been signecl by the Grant Manager and Financial Officor?
5 Has the reimburs€ment package been entered into Sub-Reciplents records/spreadsheet?
tf 6' Have lhe quantity and unit cost been notated on Reimburseme nt Budget Breakdown?
t] 7 ' lf this purchase was macJe via sole source. have you included the approved sole sourceclocumentaiion and justification?
8. Do alr of your vendors have a current r//-g (Tax payer rdentification) on fire?
Please notel FDEM reserves lhe rlght to update thls checklist ilrroughout the life of lhe grant to ensure
compliance wrth appticabre fsderar ancJ state rures and reguraflons,
56
Exhibit 1
'r': rtf
'-r{ fri' ,
.. - ()!) s' "1'
: ';s"m''s-? AGENDA ITEM sultlllt{ARY FORMr,:;"S]ii;,i plte tD: #s120
'':i:..'J tl l. i,::
Date: 11,n-0!2A18 Reguesting Departrnent: Department of Fire:
Re_q.cutg
Commiesion Meeting Date: 01/19/201g SponsoreO try:
Distrlct lmpacted: AllType: Resolutiq,n
Subject; Grant - Urban, Area g.gcurity lni.tiative
Purnose of ltom:
Resolution to establish a Special Revenue Project entitled: "The Urban Area $ecurity
l-njttglile (",uASl') Grant Program Fy 2018"; appropriating funds in the amount of
$5,700,000.00 received from the u,s, Department of Homeland security, passed
directly through the state of Florida Division of Emergency Managemeni and
authorizing ihe City Manager to execute Memoranda of Agreements l"Mon's") with
contiguous partners, setting forth their responsibilities in connection with the supporl of
the UA$l Project administered by the City of Miami Department of Fire-Rescue.
Eacksround of lteryi
The United States Department of Homeland Securiiy, through the State of Ftorida
Dlvlsign gf lmergelcy Management (DEM), has sub-granted the Urban Area Security
lnitiative (-UASI) Grant Prograrn FY 2018 to the City of Miami and its contiguous
partners in the amount of $5,700,000.00. This program targets homeland security
funding to "high threat" urban areas in order to prevent, respond to, and recover irom
threats or acts of terrorism and other disasters of natural or man-made origin,
These funds will be used, as stipulated by the grant, for the purchase of specialized
equipment, to conduct exercises, training and administrative services, and for the
development of the Urban Area Homeland $ecurity Strategy, and other planning
activities, needed to ensure a successful program.
It is now appropriate to accept said grant award, establish a special revenue project,
and appropriate said grant award therein,
ln additlort, the City Commission authorizes the City Manager to execute Memoranda of
Agreements ("MoA's') with contiguous partners, Broward county Emergency
Management (''BEMA"), Broward county sheriff's office ("BSo"), the ciiy of coral
Gables,lhe 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 Gardenb, the city of
Miramar, the City of Pembroke Pines, the City of Sunrise, Miaml-Dade County, Monroe
Cgynty, Palrn Beach County Emergency Management, Palm Beach County $heriff's
Office, and the Village of Key Biscayne, setting forth the parties' responsibiiities in
connection with the developrnent and support of the UASI Program FY 2018 which is
administered by the City of Miami Department of Fire-Rescue,
Exhibit A
q udfl qt lr-npact Ana lvsis
Exhibit 1
Exhibit A
Item is NOT funded by Bonds
Item is Related to Revenue
Item is an Expenditure
Total Fiscal lmpact:
$..9,700.000.00
$tart Up Capital Co.g!: $5.700.0Q0, 00
Special RpvenueAccoqnt No: 111Q0.1890QQ.431Q00.9,900,00Q9Q
Reyiewed Bv
Department of Flre-Rsscue
Dopartment of Fir6-ReBoue
Departmenl of Fire-Roscuo
Ofiico of Management and Budgot
Office of Managomen{ and Budget
Legislative Division
City Manager's Offlce
Office of the Cily Attorney
Ofiic€ of the CJty Attorney
Offica sf tho City Attorney
City Commis3ion
Ty McGann
Johnny Duran
Eloy Garcia
Pedro Lacret
Chrlstopher M Rose
Valenlin J Alvarez
Nikolas Paecual
Juan Carlos Porez
Bamaby L. Min
Vicloria Mdndsz
Maricarmen Lopez
Fk€ Dgpartment Rovlew
Fire Budgot Review
Fire Chief Review
Budget Analysi Roview
Budget Reviow
Legislative Dlvlsion Reuiew
City Manager Reviow
ACA Rovlew
Deputy City Altorney Revlew
Approvad Form and Correctfless
Meetlng
11t2112019 7:4frAM
1210712018 4:SS AM
nn7nfi6 0:?SAM
121A7J2018 3:0F PM
12t24t2018 8$0AM
1212412018 8:64 AM
1U24AUB 9;4$,4M
12t2412018 10;$9 Alrt
12n4nAfi 11:t0AM
12120t2018 4i29 FM
0111012019 9:00 AM
Completed
Comploted
Completed
Comptsted
Completed
Completed
Comploted
Completed
Comploted
Cornpleted
Complet€d
Exhibit 1
Exhibit A
Sity of Miami
Legislation
Resolution; R"19-0025
City Hall
3500 Pan American Drivs
Mlarnl, FL 33133
www.miarnigov.com
File Number:512A Final Action Datel f/10/20i9
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED 'URBAN AREA
SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 20,18'' AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT
OF $5,7OO,OOO.OO CONSISTING OF A GRANT FROM THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY ('USDHS")TO THE STATE OF
FLORIDA DlvlsloN oF EMERGENcY MANAGEMENT ('FDEM,); AUTHontzlNG
THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE
TH E FE D ERALLY" FUNDED SUBGRANT AGREEMENT, I N S UBSTANTIALLY
THE ATTACHED FORM, AND ANY AND ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT
THE AccEprANcE oF sAtD GRANT AWARD;AUTHoRtztNc rHE clry
MANAGER TO EXTEND SAID UASI GRANT PROGRAM (FISCAL YEAR 2A1B}
AS NECESSARYAND TO EXECUTE ANYAND ALL OTHER RELATED
MODIFICATIONS, AMENDMENTS, OR EXTENSIONS ON ALL MATTER$
EXCEPT THOSE DEALING W H FUNDING CHANGES, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; 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 EXEOUTE
MEMORANDA OF AGREEMENT(S) ('MOA'S"), IN SUBSTANTIALLY THE
ATTACHED FORM(S), WITH CONTTGUOUS PARTNERS SETTING FORTH THE
PARTIES' RESPON$IBILITIES IN CONNECTION WITH THE DEVELOPMENT
AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF
MIAMI'S DEPARTMENT OF FIRE-RESCUE CONTINGENT UPON FUNDING OF
SAID PROJECT BEING SECURED.
Page 1 of 3
WHEREAS, the united siates Department of Homeland $ecurity (,'usDHS,') is
authorized by the Emergqlcy Wartime Supplemental Appropriations Act 2003 to provide funds
to states for subsequent distribution to selected urban aroa$ to address the unique equlpment,
kaining, planning, exercise, and operational needs for large urban areas and to assisitnem in
building an enhanced and sustainable capacity to prevent, respond to, and recover from threats
or acts of terorism; and
WHEREAS, the USDHS through the State of Fiorida Division of Emergency
Irlanagemenl has sub-granted an Urban Area Security lnitiative ('UASI) Grarit Rrolect Fiscal
Year 2018 to the City of Miami ("City") in the amount of $b,700,0b0.00;anO
WHEREAS, the City's Department of Fire-Rescue will use said funds to continue to
address the unique equipment, trainlng, planning, exercise, and operational needs of the City
and its contiguous partners and to continue building an enhanced and sustainable capacity tbprevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, in accordance with the UASI Grant Program FiscalYear 2018, the attached
Clty of Miami
Exhibit 1
File lD: 5120 (Revision: ) Prlnted On: tll8/I0tg
Exhibit A
File lD 20 Enactment Number:R.19"0025
Memoranda of Agreements ("MOAs") with the City's contiguous partners including Browardcounty Ernergency Management, Broward county $heriff;s office, the city of coial Gables, the
?jiY oi C.oral SprinEs, the City of Forl Lauderdafe,-the City of Hiateah, tne bity oiHottywooo, rneCity of Miarni Beach, the City of Miami Gardens, th'e City of Miramar, the Citi of pem'broke
Pines, the city of sunrise, Miami.Dade county,liulonroo county, palm Beach countyEmergency Managoment, Palm Beach County Sheriff's office,'and tfre Viifage-of KJv Biscaynewill provide the necessary guidelines to coordinate the UASI drant program-fy Z01B and wiilpermlt the City to reimburse its partners for their eligible expenditures tiat are compLnt witnsaid Project;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OFMIAMI, FLORIDA;
Section 1, The recitals and findings contained in the Prearnble to this Resolution areadopted by reference and incorporated as if fully set forth in this section.
Section 2' The following new Special Revenue Project is established and rosources areappropriated as described below;
FUND TITLE: UA$l Grant program Fjscal year 201g
RESOUCES: USDHS direcfly to the State of Florida
Division of Emergoncy Management
APPROPRIATIONS:
$s,zoo,ooo,oo
$5,700,000.00
Section 3' The City Manager is authorizedr to accept said grant award and to executeany and all necessary documents, in a form acceptable to the Citylttorney, ro impfement
acceptance of said grant award.
Section 4. The City Manager is further authorized to extend said UA$l Grant program
(Fiscal Year 2018) grant awards as necessary and to execute any and all other relatedmodifications, amendments, or extensions on all matters excopt t-r,ose Oeaiing wiif,-funoing
changes in connection rryr]h the development and suppori of the UASI projecti aUminlster"? OVthe City's Depaftment of Fire-Rescue as an.UA$l Sponsoring Agency, contingent upon thefunding of the UASI projects being secured in the form of gr"-nts"from in" F.OEi"iO![artmont
through the Florida Divislon of Emergency Management a-nd in a form acceptable to lne cityAttorney,
$ection 5. The City Manager is authorized {1i to execute MOAs, in substantially theattached forrn(s), with.-contiguous partners includinj broward County Emergency fi,1anagemenr,
Broward county sheriff's Qf|ce, the city of Coral Gables, the City oi CoratSpdngs, inebitv of
'
Fort Lauderdale, the City of Hialeah, the City of Hollywood, the City of 1/iami'geu""n, if," Cily ofMiami Gardens, the City of Miramar, the City of Pembroke Pines, t'he City of Sunrise, nliamiDade County, Monroe County, Palm Beach County Ernergency Management, palm beacrrCounty Sheriff's Office,.and the Village of Key Biscayne for tfte purpoJe of setting forth theparties' responsibilities in connection with the development and support of the UASI GrantProgram Fiscal Year 2018 administered by the City's Department'of Fire,Rescue,
"n
UnSt
1 The herein authorization is further subject to cornpliance with all requiremenls that may be imposed bythe City Attorney, including but not limited to those prescribed by appgcaUte City Chartei jnO C'oO"provisions.
Page 2 of 3
Exhibit 1
Clty of Mlami File lD: 5120 (Revision:) prlnted on: l/1g/2019
Exhibit A
51
sponsoring agency, contingent upon funding of said project being secured.
Section 6. This Resolutfon shail become effective immediately upon its adoption andsignature of the Mayor,2
APPROVED AS TO FORM AND CORREGTNESS:
2 lf the mayor does not sign this Resolution, it shall become effective at the end of len calendar days fiomthe date it was passed and adopted. lf the Mayor vetoes this Resolutjon, it shall become etfeitive
immediately upon override of the voto by the City Commission.
Page 3 of 3
Exhibit 1
Clty of Miaml Flle tD: 61 20 (Rovlsion: ) Pilnted on:1/I8/2019
FUND TTTLE
RESOURCES:
APPROPR1ATIONS:
Urban Area Securklr lnitiative (UASll
Grant Program Fy 2O1g
Deparfiient of Homeland Security {DHS}
directlyto the State of Florida Dlvision
of Ernergency Managernent {FDEM}
s5,700,o0o-oo
5s,zoo,ogo.oo
=g
x
uJ
=g
-gX
r.u
Exhibit A
FY 2018 Budget-Miami-Ft. Lauderdale UASI Exhibit #2
s62,838.00
s52,838.00
s90,000.00
s34,000.00
ss9,80s.0c
s113.548.0C
553,s00.00
s17,713.00
s13,400.00
s27.700.00
s70.040.0(
s121,000.(x
s52,E38.00
s52,838.00
s90,dr0.00
s34,000.00
ss9,80s.0(
s2&387.0C
s53,s00.00
s17,713.00
s13.400.00
s27,7@.OA
s7,004.00
sur.000.00
L
7
1
7
t
4
1
I
1
7
10
I
21GN-00-OCEQ
o4AP-05-cDSS
13IT{X}ALRT
04AP-01{ADS
04MD-02-PROJ
o4MD-03-DtSP
04HW{1-HHCD
o4MD-ot-vcAM
2lGN-oO"CNST
21GN-{X}.tNST
21GN{O-MAIN
21GN-(x}MAIN
OGTEqP
21GN-00-CCEQ,
21GN-00-OCEQ,
2lGN-oGMA|N, 06CP
os-vcoM, o4MD-03-
DlsP, 04HW-01-
HHCD and 05PM{n-
PrcH, 06cc-{r3-sATP
o1-BAGM, 21GN-00-
CCEQ, and 19GN-0O-
BGPK
02EX-01-XRAP
ul,All-0r-sLBA utAR-
01-scBc
Broward County Critical lnfrastruclure &
Key Resources (CIKR)
Eryr wrrgrc Lurrtr[untly rtcalntng:
lntegration ofVolunteer & Faith Eased
organ izations
6su Pr r - crMP/ccroP/coc (P-
t7s,{D0, r-s5@0, E-s10,000)
EOC Enhancements & Sustainment
acement for HSGP Purchased
Equipment. Mdeo Throw Phone,
Portable Tablet Computers, SCBA"
Ihermal lmager, P25 Portable Radios,
Satellite Phones, HazMat Gas Monitor,
Radiolotical Detectors, MCI Triage
Command Kit...l
Mobile Video Surueillance Trailet
Ft. lauderdale EOC Enhancements to
include video conference,
encoder/decoder, display video,
satellite phones, cabling, connector
trlring, and its installation or
maintenance.
CERT - Ft. Lauderdale to include:
mediel bags, CERT backpacks, radios,
Awards, and lnstructot OT
PT&E Coordinated Attack Erercise
r-rav tsqurpment, PortaDte ot
Transportable (for Bomb Technician)
sLbA Fa(S, )Lm LyilnOers [paKS )5tUZ
each, cylindeE S1102 eachl
Ptannin& Training and Exercises:
Hazmat and Active Shooter
201A-OtA
2018{18
2018-01C
2018-02A
2018-11A
2018-O4A
2018.028
2018-02C
201E{r1D
2018-06A
2018-118
2018-01E
Emergency
Management
Emergency
Management
EmerEency
Management
Law Enforcement
All DisciDlines
Law Enforcement
Emergency
Management
All Disciplines
All Disciplines
Law Enforcement
Fire Rescue
Fire Rescue
Personnel
Personnel
Training
Equipment
Equipment
Equipment
Equipment
Training
Planning
EquiDment
Equipment
Planning
Planninc
Planning
Plannint
Equipment
Equipment
Equipment
Equipment
EquiDment
Exercise
Equipment
Equipment
Training
BEMA
BEMA
BSO
BSO
Coral Gables
Coral SDrinEs
Fort Lauderdale
Fort Lauderdale
Fort Lauderdale
Fort Lauderdale
Hialeah
Hialeah
Exhibit A
s22,000.00
s24,000.00
s70,0(x).00
s55.90s.00
s7s.(xro.00
s115,000.00
s15,427.00
$28s,m0.00
s305,433.0(
s7s,:146.fi
510,350.(X
s23,545.(X
s22,mO.oC
s24,(X'O.0C
s3s,000.00
sss,90s.00
s7s,000.00
ss.000.00
s7,713.50
s2Es,(no.00
s306433.00
s75.346.0(
s10,360.(x
s23,545.0(
1
1
2
L
1
2t
2
L
1
I
1
I
Fnw{t-ttnw,
21GN-00OCEQ
r45w-{rt-PACs,
21GN-00-rNST
07CD-01-DPRS 07CD.
01-FTIR
o4MD-O3-DtSP,
21GN-00-tNSr
21GN-OO-MAIN
M&A
21GN-OO.MAIN
zruN-urvLEt{, l4Lt
oo-cooP, 07sE-
o3-ENVS, 05CC-
o5-PRIV, 05CC-
02-D5AD 21GN-00-
14Ct{1-COOP
06cc-o3-sATB
EOC Enhancements to include
computers/laptops/peripherals
Access Control at city lleadquarters
Point Chemical Agent Detector Raman
Spectroscopy & Point Chemi@l Agent
Detector Fourier Transform lnfrared
LPR Analyst Sustainment
EOC Planner Sustainment
Closed Crcuit Television Cameras on
Hollywood Beach Boardwalk
Maintenance & Sustainment of UASI
ours.he<cd Thehrl lmarinr frmorr<
M&A
acement for HSGP Purchased
Equipment. Police S176,465.33; Fire
S94,079.a8; EM S27,960.55, HazMat
57927.40.
Enhancements/Maintenance/Sustainme
EOC
nt
Ethernet Secured @ Fire College for
Redundant Communications for Miami's
First Responders (18 monthsl. This
project will continue seruices tot a
Metro-€thernet line that provides fast
network connectivity between the City's
network and the E911 back up center.
Satellite Phone Sustainment Citywide
(12 months). This prcject will sustain
the satellite phones that are installed
throughout Gty Departments including
police and fire stations which allow all
first responders to communicate when
primary communication seruices are
down. includes Key Biscavne
2018-02D
2018{74
201&10A
201&03A
201E-01F
2018-O9A
2018-11C
20L8-17
2018-11D
2018-028
2018-16A
201E-15A
Emergency
Management
Law Enforcement
Fire Rescue
Law Enforcement
rmergency
Management
Law Enforcement
Fire Rescue
All Disciplines
All Disciplines
Emergency
Management
All Disciplines
All Disciplines
Equipment
Equlpment
Equipment
Personnel
Personnel
Equipment
Equipment
EouiDment
Equipment
Equipment
EouiDment
Equipment
Equipment
EouiDment
Planning
Plannint
Equipment
Equipment
Administration
Equipment
Equipment
Equipment
Equipment
Hialeah
Hialeah
Hialeah
Hialeah
Hialeah
Hollywood
Key Biffiyne
rvt&A
Miami
Miami
Miami
Miami
2
Exhibit A
iLL4,O27.O(
s25,E16.0C
s159,s27.0(
s47,091.00
s51.218.00
s42.382.00
s92,298.00
s113,197.{X
519 47E.0(
910,m0.0(
s55,rut0.0(
s50,000.0(
59s,000.0(
51L4,027.il
s26,815.0(
s169,s27.0(
s47,Gr1.(X
s51,218.00
s42.382.00
s7.591.50
s113,197.00
sx9,478.00
s5.000.00
527,7@.O(
s50.000.o(
347,500.0(
1
1
1,
1
1
1
12
I
1
2
2
1
2
14SW-01-
vtDA,04HW-01-
rNr{w o4MD-03-
DISP, 21GN-(X}MAIN
145W-01-VrDA, 21GN
00-rNsr
0308{7-ROVr
02EX-oI-XRAP
o4HW{1-tNHW
07ED{t1-DOGS
P,T & E. This proiect will support multi-
disciplinary projects for the City ot
Miami under the leadership of MEM.
Project scope will involve a full scale
exercise, revision of planning
documents such as the
CEMP/COOP/COG and trainings that
benefi t terrorism-related emeryency
managementtrainings. Trainings will
include lCS, Hazmat 160 and any other
specialized courses needed due to staff
attrition. Police S5650; Fire $62,740, EM
uperarronar vr ror )ptrtat Evenls
approved by FEMA; Fire 51&905.52 and
EM s7,9G'.28
ffhe Closed Orcuit Tv proiect will allow
the Miami Police Department the
opportunity to deploy CCTV equipment
in the area of soft targets and enhance
our abilityto deter and investigate
EmergencV Management Planner (12
months). This position will assist with
the developmenvrevision ol cityuride
emergency management plans such as
rhe CEMP, COG and COOP.
months). This position will assist with
general planning responsibilities related
to the implementation ofthe UASI grant
program.
! rrorrrlEr trz
months). This position will be
rsponsible for resource management
lracking and planning portion of the EHP
process.
lLr Y Ldrnerds lo 0e rn5tatreq atgng Ine
Boardwalk and an uncovered part of
Ccean Drive.
rrailEtr z ltailerl, ILLIY
Surveillance Diesel Generator Trailer
572,545, & one CCTV Surueillance Solar
Trailer 940,6521
RDF Basic Certification Course
rauF uastc Receftitication courses (12-
2586s1
LOD X-Ray systems: SCANNA Scan X-Ray
lmaging System Kits
rurroil LElrtsr JPKrdr EYen6 tuppofl
and S€rver Sustainment (Special Events
$40,000 & 510,000 hardware, computer
serverl
txplosrve Detectron lnterdiction canines
(EDlCl with Kennels
2018-01G
2018{t4B
201&098
2018-01H
201&01r
2018-0lJ
2018{XrC
2018-O4C
2018-01K
201E-011
201&068
201E-04D
2018-{l4E
All Disciplines
All Disciplines
Law Enforcement
Emergency
Management
Emeryency
Management
Emergency
Manag€ment
All Disciplines
Law Enforcement
Law Enforcement
Law Enfolcement
Law Enforcement
Law Enforcement
Law Enforcement
fraining
0rganization
Equipment
Personnel
Personnel
Personnel
Equipment
EouiDment
Trainins
Training
Equipment
Equipment
Equipment
Planning
Organization
Equipment
Planning
Planninp
Plannine
Equipment
Equipment
fraining
Training
Equipment
Organization
Equipment
Miaml
Miami
Miami
Miami
Miami
Miami
Miami Beach
Miami Gardens
Miami-Dade
Ivliami-Dade
Miami-Dade
Miami-Dade
Miami-Dade
3
Exhibit A
s15,201.0C
$40,000.0c
s45,500.0(
s39,m0.0(
s11,000.0(
s20,002.0(
s200,000.0(
s6.477,U
s87.000.0(
967,m0.0(
s70,000.0(
ss2,479.00
534000.00
s49.690.00
s30,000.00
551,7s0.00
s29,s3s.00
s100.000.00
s26,LL7.OA
s38,s00.m
332.416.0C
s24.845.00
s30,o(xr.00
s47sO.00
s29,s3s.00
Sloo.ooo.oc
s26,117.00
s3&soo.0c
s4.0s2.0{
s15,201.{X
s40,000.0c
sr15,600.0(
s5,s(X).0(
s110.0(
s20,(xr2.0(
s200,000.0(
s2.1s9.0(
s87.000.0(
s67.000.00
s70,000.00
s52,479.00
s17,000.00
1,
1
1
6
100
1
I
3
1
L
1
1
2
2
1
13
1
1
1
7
8
D6CP-01-MOBt
l9GN.OO.FUEt
12TR-OGTEOP
FAts-U5-LU5),
04HW-01{NHW
21GN{'GOCEQ
02PE-01-BSUT
030E-02-TrtA
03sR-03-scAM
03()8-0l{rAc
13tE-00-suRv
UbLP.UI-PUKI;
04HW{t{NHW
I OBfJM-RATT
06cP-01-PORT;
04HW-0X-rNHW
tnEas-tafr
06cc-02-DsAD 06cc.
o3-SATM 06CC-03-
SATP 05CC-04
EQSD 06CC-04-
SADS 05CP-
02-BRDG
14SW-01-PACS,
21GN-00-tNST, O4HW
01-rNHW, 21GN-00-
CNST
N/A
zl('N-uu-LNlt u.lAP
05-cDss
zl(,N-lx}'LNS r ttrAP
05-cDss
030E-03-slGN
030E-07-suAs
SAP-U5-LU55, lKts-
o1-caDsWebEOC Fleet Eyes Software
aPX6000 700/800 Portable Radi6
Portable Fuel Tank and Trailer
lvlaintenance & Sustainmnet of EOC lT
infrastructure
Position Specifics All Hazards Training
Bomb Suit
'WAT
Team Nisht vision Monoculars
SWAT Team Pole Camera
LommunrlY bu5rne55 tsaftner5 Agarn5(
ferrorism Program
LOmmunrcauons ano tnteilrgence
Gathering Equipment for SRT
(Audio/visual Throw Phone, Cellular
Thril Phone, Structural Tactical
A-^r.!+i- Oa--ir,-r rnd (aniarl
P25 Portable Radi6, P25 Portable Radio
Batteries (6 Radios @ 55500 per and
lOo Bafr.ri.( rO 3t 1o ncrl
P25 Portable Radio Batteri6
FirstNet Mobile / lnteroperability
S€cuilty Cameras for 3 centers critical to
the county ( EOC, Fire Rescue
Communications and SEFFC) and Access
Controls at Miami Dade FR HQ Complex
Prannrng r rarnrng ano rxerctses: uAsr
Homeland Security Conference
webEOC User Guide Enhancemeni
Hazard lmDact Functional Exercise
MUnrcrpar Prannrng weoruL
Enhancement
Exercise
Mobile Electronic Message Boards
Unmanned Aerial vehicle
2018-158
201&15C
201&15D
t018-15E
2018{9D
201E-01M
201&02F
201&01N
201t-02G
201&010
2018-15F
2018-14A
2018-02H
2018-15G
2018-13A
201&02r
201&01P
2018-09€
20ta-124
2018-06C
2018-0sa
Fire Rescue
rmergency
Manasement
Emergencl
lvlanasement
EmergencY
lvlanagement
bmergency
Management
Fire Rescue
Fire Rescue
Fire Rescue
All Disciplines
All Disciplines
Emergency
Manasement
rmergency
Management
Law Enforcement
Law Enforcement
Law Enforcement
Law Enforcement
Law Enforcement
Fire Rescue
Fire Rescue
Fire Rescue
Fire Rescue
Equipment
Equipment
EcuiDment
Equipment
EouiDment
frainine
PlanninE
Personnel
Pelsonnel
Personnel
Equipment
EouiDment
Equipment
Equipment
Equipment
EouiDment
Trainine
Eouioment
Eouioment
EquiDment
Planning
Equipment
Equipment
EouiDment
Equipment
EquiDment
Plannins
EauiDment
Exercise
Eouloment
Exercise
Equipment
EcuiDment
Equipment
Equipment
Equipment
EcuiDment
Trainins
Eouioment
Eouioment
Equipment
Planning
Monroe
Monroe
Palm Beach
County
Patm 6eacn
County
PBSO
PBSO
PBSO
PBSO
Miami-Dade
Miami-Dade
Miami-Dade
Miami-Dade
Miami-Dade
Miami-Dade
Miami-Dade
Miami-Dade
Miami-Dade
Miami-Dade
Miramar
Miramar
Miramar
4
Exhibit A
s73,735.0(
s38,997.0(
s85,855.0(
372.so1.oc
s2s2.799.Oa
$200,m0.fi
s33,389.m
s152.X73.00
s119,245.O0
s47.69E.00
s1s0,000.q
5140,000.0(
s283,554.0(
s148,284.0(
s93.120.(x
s73,736.0(
s4.333.0(
s8s,8s6.35
s72,sOO.92
s50,560.0c
s2oodro.0(
s33,389.00
s152,173.00
S119,245.00
s47,59E.00
s150,000.00
Sltt{l,000.00
s283.s54.0(
s1s0,000.fi
523,280.0(
1
9
1
1
5
r
1
1
1
1
1
1
1
1,
4
030E{7-ROVr
06CP-01-MOBt
Planning
Planning
Otganization
IlGN.OO.TRNG
04HW-01-rNHW,13lr
oo-|NTL 13rT{X}
AtRT
{'4AP{5-CDSS, 04AP-
o3-Grss, o4sw-04-
NETW
13lT-00-ArRT
rr9rr-uu-Dsr[, zrln
00-MEDr, 06cP-01-
PORT,21GN-OO'
CCEQ
0sH900-FRN$ 05HS-
oo-MAtw, 05NP-00-
SEIM
OTRD-04-SGND
O6CP.O2-BRDG
O6CP-O2-BRDG
Portable Elsated Surveillance Platform
ts-25 Lompnant uasn Mount slngle/Duat
Head Radios
position assists the Miami and Ft.
Lauderdale with regional planning
ne€ds (e.9. drafting of investment
iustifi cationt coordination of UAWG
meetings, derrelopment of annual
budEets, etc.).
Exerclses Coordinator- this position
includes the responsibilities of ensuring
compliance with training courses as well
as the coordination of necessary
regional exercises.
Fusion Center Analysts
Regional Planning, Trainint & Exercise
lo include attendance at grant related
meetings
Metadata Planner
Fusion Center Operations to include
computer hardware and peripherals,
roftware maintenance, DHS sponsored
fraining, alen ststem and TLO program
rupport and offi ce supplies/equipment
lncident command roftware system
ne€ded for regional info sharing during
emergency operations as well as non-
Bmergency situations to provide a
platform for day-today regional info
sharing and updat6. (WebEOC,
Emergency Notifi cation System
Regional Citizen Corps/CERT Plannin&
Trainins Exercise and EouiDment
Regional Cyber Response Team
Enhancements and Training
Aviatbn Radiation
Detection/ldentifi cation
upgrade to Lxsting Network
Switch/Gateway (CST)
generat uvnamrc tSzrylu tnrastrucure
Wireless Mesh Point
2018{4F
2018-15H
201E-01Q
101&01R
201&038
2018-O1S
2018{13C
201&03D
2018-02t
2018-15t
2018-02K
201&08A
2018-108
2018-15J
2018-15K
Law Enforcement
Fire Rescue
Emergency
Management
Emergency
ManaEement
law Enlorcement
All Disciplines
Law Enforcement
Law Enforcement
Emergenc]
Management
rmergencY
Management
All Disciplines
Law Entorcement
Fire Rescue
Fire Rescue
Law Enforcement
Equipment
Equipment
Personnel
Personnel
Pe6onnel
Trainins
Personnel
fraining
Training
Equipment
Training
frainine
Equipment
Equipment
Equipment
Equipment
Equipment
Planning
Plannins
Organization
Planning
Planning
EouiDment
Equipment
Eouioment
Equipment
Equipment
Equipment
Equipment
Equipment
Miami
Miami
PBSO Fusion
Miami
PBSO Fusion
PBSO Fusion
Miami
Miami
Ft Lauderdale
MDPD
PBSO
MDFR
Pembroke Pins
Pembroke Pins
Regional
Regional
ReEional
Regional
Reeional
Regional
Regional
Regional
Regional
Regional
ReEional
ReEional
Sunrise
Exhibit A
Ss,7oo"ooo.oo
s31,039.(Xt14SW-0I-PACSCard Access Control Equipment
Total
Equipment Itqutp."n, lr,r" *"r.u" lrorr-o^Sunrise s31,039.00
6
EXHIBIT B
Convergint Technologies, LLC's Proposal
5
EXH+BR B
Co t
TEC ES
Making a Daily Difference
November L3,2019
Village of Key Biscayne
Key Biscayne Fire Rescue Department
560 Crandon Blvd Key Biscayne, Florida 331.49
Attention: Marcos Osorio
3102 Commerce Parkway, Miramar,Florida 33025
Phone 954-364-3993 Mobile 7 86-637 -8467
ph il.cerber@convergint.com
Quotation: PC02234844P
RFP#:
License/Cert EF2OO074L7
Reference: VKB Fire Rescue carneras and Access Control
On behalf of our thousands of global colleagues, I want to personally thank you for considering
Convergint Technologies for this project and for providing us with the opportunity to present this
proposal addressing your electronic security needs. We are confident that this proven solution is both
comprehensive and customized to meet your needs today and in the years ahead.
Convergint has developed a strong reputation for service excellence and is the only company
recognized twice as the Systems lntegrator of the Year by SDM Magazine. Most recently, Convergint
was ranked the 4th largest global systems integrator. This recognition is, in part, a reflection of the
strong relationships Convergint has developed with the industry's top technology manufacturers.
Convergint Technologies has a strong history of success with similar solutions provided to other clients
and would be happy to provide these references upon request.
Our guiding principal has always been to be a customer-focused and service-based company, supported
by dedicated and certified professionals who strive to make a daily difference. Our vision of becoming
our customers' best service provider is what drives everything we do. After achieving a successful on-
time and on-budget project installation, Convergint will provide you with the industry's best on-going
service. This service includes our 24/7 customer portal (iCare), designed to track service work orders,
project progress, and provide you with detailed metric reporting for continuous improvement.
The following security proposal is specifically designed to meet your needs, As your single point of contact,
please feel free to contact me with any additional questions you may have. Thank you again for considering
Convergint Technologies as your partner for your electronic security needs.
UNITED STATES T CANADA. ASIA PACIFIC. EUROPE
EXHIBIT B
Clarifi cations and Exclusion
1. All work proposed herein, shall be performed during normal business hours Monday through
Friday 8:00 am - 5:00 pm.
2. Low voltage wiring shall be installed via open air code approved methods.
3. Provision or installation of conduit, wire, boxes, fittings or other electrical installation materials
unless specifically listed under lnclusions or Bill of Materials.
4. Permits or associated fees are not included.
5. Customer to provide static lP addresses and network connections at panel locations.6. Customer to provide a secured staging & storage area for project related materials.7. Pricing assumes that electronic Auto CAD files are available from customer for our use in geating
submittal drawings.
8. Twenty-Five percent (25%) of the proposed sell price shall be payable to Convergint
Technologies for project mobilization. Mobilization shall be invoiced and due upon customer
acceptance of this proposal.
9. Proposal does not include sales tax unless otherwise noted.
L0. Anything in the Contract Documents notwithstanding in no event shall either Contractor or
Subcontractor be liable for special, indirect, incidental or consequential damages, including
commercial loss, loss of use, or lost profits, even if either party has been advised of the
possibility of such damages.
11. Convergint Technologies reserves the right to negotiate mutually acceptable contract terms and
conditions with customer by making mutually agreeable changes to the formal contract included
in the Bid Documents.
EXHIBIT B
Applicable Taxes
Fire Stopping (Excludes Existing Penetrations)
lnstallation of Network Cabling to Card Readers
lnstallation of Wire and Cable
Mounting/Termination of Proposed Devices
Project Management
System Programming
Wire
Electrified Door Locking Hardware
lnstallation of CCTV Cameras
lnstallation of Network Cabling to lP Cameras
Loading Software on Customer Provided Computer
owner to Provide static lP Addresses
Servers by Others
Termination of Control Equipment Enclosures
Workstations by Others
Items
120 VAC Power and Fused Disconnect Switch
Additional Lighting Requirements for Cameras
Attend Owner Project Meetings
Cable
Connection to Building Fire Alarm Panel
Door wiring typical connections
Engineering and Drawings
FA Permit and Plan Review Fees
Floor Coverings for lifts
Freight (prepaid)
lnstallation of Bridle Rings
lnstallation of Control Equipment Enclosures
lnstallation of lntercom Systems
lnstallation of Low Voltage Wire
lnstallation of Specialty Backboxes
lnstallation of Video Recorders (DVR/NVR)
Lifts
Material (listed in the BOM)
One-Year Warranty on Labor
Operations & Maintenance Manuals
OwnerTraining
Panel wiring point with to point connections
Payment & Performance Bonds
Riser drawing with home run wiring
Specialty Backboxes
System Engineering
System Meets Plans/Drawings
Testing of all Proposed Devices
Workstations by Co nvergint
120 VAC Power Receptacles
Attend General Contractor Project Meetings
Authority having Jurisdiction permit drawing (requires
customer CAD)
Ceiling Tiles and Ceiling Grid Repairs
Correction of Wiring Faults Caused by Others
Electrical lnstallation Permit
Equipment rack layout drawing
Fire Watch
Floor plan with device placement and numbering
(requires customer CAD)
Horizontal Core Drilling
lnstallation of Conduit, Boxes and Fittings
lnstallation of Control Panels
lnstallation of lntrusion Panels
lnstallation of Network Cabling to lP lntercoms
lnstallation of Terminal Cabinets
lnstallation of Wire Hangars
Low Voltage Permits
On-Site Lockable Storage Facility
One-Year Warranty on Parts
Owner to Provide DHCP Lease Reservations for
Network Connected Devices
Panel Wall Elevation drawing (may require customer
cAD)
Patch and Paint
Record Documentation (As-Built)
Servers by Convergint
Submittal Drawings
System is Design-Build
Terminal Cabinets
VerticalCore Drilling
EXHIBIT B
Total Project lnvestment:$tt,ltz.sg
Thank you for considering Convergint Technologies for your Security needs. lf you have any questions
or would like additional information, please don't hesitate to contact me immediately. lf you would
like to proceed with the scope of work as outlined in this proposal, please sign below and return to my
attention,
Sincerely,
Phil Cerber
Conve rgi nt Technologies
PhilCerber
By signing below, I accept this proposal and agree to the Terms and Conditions contained herein
Marcos Osorio November L3,zOLg
Customer Name (Printed)Date
Authorized Signature Titl e
Convergint Technologies' lnstall Terms & Conditions EXH
1'luoughout t lhis Inslallation ttoposal, the tcm. "Convergint" refers to ilre Convergint l'echnologii,
a{Iliate operating in lhe state/province in which the work is bcing pcrfomod, spsitically, 'Convergirt
Techologics t.t,C" or "Convcrgint Tcchnologies [.TD'.
ST]CTION I.'I'IIEWORK
'[his Installation Proposal lakes precedence ovcr ard supersedes any od all prior proposals,
concspondencc, md oral agr€€menls ot represcntations relating to the work set forth irr the attached
scope of work ("Work"). This Inslallation Proposal mmmences on ftc Stan Datc as specilied in the
atlachcd scopc of work, md rcprcscnts the enlLe agr€ment behryeco Convcrgint ad Custorner (the
"Agreernent") and it may only be ancnded by a witten document signcd by both Convcrginr arJ
Customer. In the evetrt any provision o[ tlris Agreement is held to bc invalid or unenforceable, thc
romaining provisions ofthis Agreement shall rernain in full force.
Conwrgint agrees in acrcrdmce with the muhrally agreed project schedule:
a To submit shop drawings, product dalz, sanplcs md similar submittals if required in
prcrfoming thc Work:
b To pay for all labor, rnaterials, equipnrert, tools, supcrvision, progranrming, testing, startup
md documentation rcquired to perfom the Work in accordmce wiih the Agreement;
c. Secue and pay for pemits and govemmental fees, licenscs md inspections necessary for
proper execution aJrd mmplelion of the Work;and
d. llire subcontracton iltd order mdterial to perform part of thc Work, if nccessary, while
rcmaining rcsponsible fbr the conrpletion of0re Woik.
Customer agrees in accordilce with the mutually a&trd prcject schedulq md at no cost to
Convergint:
a, 'fo promplly approve submittsls provided by Convergint;
b. To provide acccs to all Tcas of thc facility which are necesstry to complctc lhe
Work;
c- To supply slitable electrical seruice as required by Convergint, and
d 'ltat in the eveot ofany emergcncy or systems failue, reaonable safety prrcautions
will be laken by Customer to protect lif'e and property dwiag the period of dmo from
when Converginl is first notified ofthe emergency or failue md until such tirne that
Convergint nolifies thi Cusfomcr that the systcms arc operationaj or that lhe
cmcrgcncy has clered.
SECTION 2, PRTCING
hicing ard ilnounts Foposed shall remain valid for 30 days unless othcnvise specified- price inchdes
only the material listed brcd on Convergint's interpretation of plms md specificalions uless noted
o$eilise, Additional equipment, unless negotiated prior to order plscemcnt, will bc billcd
accordingly. Sales taxes, {md in Cmada CSTOST) and my other {axes assessed on Customer shall
be added to [te price upon invoice to Customcr.
SECTION 3. Ih-VOICE REMTTTANCE AND PAYMENT
Crrstomer agrees to pay Convergint trventy-five (25%) perccnt of the tolal price ro a mobilizatiol fee
at tie time ofexccuting this Agleement,
If the Work is pertbmed over more tlm a month, Convorgint will invoice Customer each month ior
the Work perfomed duing lhe previous monlh. Custonleragrees to pay the amornl due to Colvergint
as iovoiced within thiny (30) days ofthe date ofsuch invoice, Ifthe Work is completed in less than
one month, Cuslomeragrees to pay Convogint in fullafter the Work has been perfomed within thirty
{30) days of the dale of being invoiced. Invoices shall not incl.tde or be subject to I projcct rctcntion
percenlage, lf Cuslomer is ovcrduc in uy payment to Convergint, Convergr'nt shall be entitled to
suspend &e Work until paid, md chage Custotn€r il intcrcst rate I md l./2% percent per month, (or
the muimrm rate pemitted by larv), md may avail itself of uy othcr lcgal or equitable renredy
Custorner shall reimbme Convergint costs incrned in collecting any amounls thal b€come ov€rdue,
includingattomey fees, coult cosls ed any otherreasonable expenditure.
SEC'[IO|\.. 4. WARRANTY
Convergint provides the following wumty to th€ Custorner-
For the period of one (l) yeu, comrencing a( the ulicr utsubstmtial completion of &e Work, or
lirst bene ficial use, ('Wmarty Period"):
a. l hat Work perfonned mderthis Agreement will be ofgood cpuUty;
b. That all equipment will be new unles othenvisc rcquircd or pcmitted by this
Agrccmont;
c. Thatthe Work will be free fiom defectsnot inherent in the quality required orpenrilled;
and
d. That the Work will confomr to the requirements of tbis Agreement.
The Customer's sole remedy for my breach ollhis wuary is that Convcrgint shall remove- replae
md/or repair at its own expets any defectivc or improper Work, discovcrcd wilrin the Wumty
Period, providcd Convcrgint is notified io miting ofany defcct within tho Wmmty period.
Any equipmcnl or products installed by Converginl in the cowse o[ perfoming lhe Work heremder
shall only urry such wmilty as is provided by lhe marufacfurer thereof, rvhich Convergint hereby
assigirs to Customer wilhout recouss to Convergint- Upon r€quest ofCustom€t Convergint will use
all reasonable effo(s to assisl Cuslomer in enl'orcing any such third prriy wffiantics. This rvmmty
excludes remcdy for darnage or de('ect caused by abusc, nodifications not executed by Convergint,
improper or irrsuflici€nt mainlctrilce, improperoperalion, ornomal weu md ter utder ilomal usagc,
NO FURTfIER WARRANTIES OR CUARANIIES, E)GRESS OR IMPLIED, ARE MADE WITH
RESPT'CT 1'O ANY COODS OR SERVICES PROVTDED I'NDER THIS AGREEMENT, AND
ANY IMPLIED WARRANTIES OF MERCHAM'ABIi,ITY OR FTTNESS TOR A PARTICULAR
PURPOSE ARE E)(PRESSI-Y DISCLAIMtiD.
SECl'ION5, CIIANGES
Without rnvalidaling this Agrcement or any bond given hereunder, Cuslomer or Converginl. may
request changes in the Work. Any changes lo &e Work and any adjBtrnent to the AgJeemenl price or
the lime hr completion of the Work shall be in rwiring signed by both Customer md Convcrgint. If
Customer orders my additional work or caus* my material interfcrcnce with Conrergint's
p€rfomance ofthe Work, Convergint shall be entitled to an €quilablc adjustment io the time for
perfomance md in lhe Agreement Price, including a reasonablc allowarcc for overhead md profit.
SECTIOT" 6. FORCE MAJEURE
Neither Customer nor Convergioi shall be responsiblc or liable tbr, shail incur expcnsc for, or bc
deemed lo be in breach ofthis Agrccmcnt bccause ol'any dclay in thc perfonnance oflheir rcspective
obligations pwsuanl to this Agrecment due solely to circurnstances beyond their rusooable conrrol
("|;orcc Majcure") and without the fault or negligcnce ofthe party experiencing such dclay. providerJ
tiat the party experiencing *re delay shall promptly give writtetr nodfication to the otier party within
fivs (5) days aller such party has lemed of 6e liorce Majeue, A Force Majcue evcnt shall include,
Convergint Technologies' lnstall Terms & Conditions
lBlT B version 1,09Aprit 2017
but not bc limitcd {o: ascident, firc, stom, water, floodirg, ncgligence, vmdalism, powcr failue,
installation ofinmmpatible equipol€nt, improper operating proccdures, source orrenl flucluations or
lighting. lf perlbmancc by eilhcr party is dclayed due tu Force Majeue, the time for that perfomancc
shall be extended for a pcriod of tirne reasonably necessary to overcome the eflect of the delay. Any
Seruices required by Convergin( due to reasons set tbrth in this Irorce Majcde Srcrion shall be chrged
to Customcr in addilion to any amounts due under this Agreement
sf,c'f IoN 7. tNsuRANcn
Convergirt shall have lhc lollorving insuance coveragc duing thc tcm oflhis A$eement, ed
shall provide certificates ofiflsuance to tlrc Cstomer prior to beginning work hcreunder:
Workcr'sCompensation Statutory Limits
Employer's Liability $ 1,000,000 per occmence /aggregate
Comrncrcial Gcncral Liabilify $ 1,000,000 per occwence./aggregarc
$2,000,000 general aggrcgatc
Artornobile l,iability $1,000,000 per occwence/agg,regate
LiixcesVUmbrellaLiabilify $4,000,000peroccurence./aggregate
All insurance policics cffiied by Convergint hereunder shall be prirrary lo md nonconFjbniory wilh
the insurmce afforded to Customer, and shall rame &e Customer as "additional insued", with respcct
lo Iiability arising out ofwork perfomcd by Convcrgrnt, as applicablg but only to the extent of
liabilities lielling within the indemnity obligations of Convcrgint, pursuant to thc tcms of this
Agreemeot. Convergint shall prcvide to the Customer no less thil Llirty (30) days notice prior to tie
tennination or cfficellation ofany such insuance policy.
SOCTION 8. INDE}INlFICATION
Convergint shall indenrnifo md hold Customer hmlcss fiom and agflnst claims, damagcs, losscs md
cxpenses, (including, but not limited to, rcilonable atk)mey's fees), attsiburable to bodily injury,
sickness, disease ordcath, or lo deslruction oftangible property, butotly to the extcnt uuscd by: a) the
negligentorwillfi:l acts or omissions ofConvergint orConverginl'semployeesor subcontractors while
on Customer's site, or b) the malfunction ofthe equipmcrt supplied by Convergint, or c) Coovergint,s
breach of this Agreement,
IN NO EVL;NT SHALL EITI{LR CONVERGINT OR CUSTOMI]R I]T.; L}ATtLU'IO 'I'HL; OI}IER
PARI'Y HERETO FOR SPECIAL, INDIRECT, INCIDEN]'AI- OR CONSEQUENTIAL
DAMAGIS. INCI,I,,DINGCOMMERCIAI, I,OSS, I,OSS OF USF OR LOST PROFITS, EVEN IF
THAT PARTY HAS BEEN ADVISED OF THE POSSItsII,'I'Y O! SUCI.I DAMAGES, IN NO
EVENT WILL CONVFRGINT BE LiABLE TO CI'STOMER FOR ANY AMOUNTS tN EXCESS
OFTFIE AMOLTNTS PAIDBY CUSTOMER TO CONVERGINT,
It is understood and agreed by ihs parlies hcreto lhat ConycrBint is or may bc providing
moniloring and or iiltrusion products rvhich are dcsigned to provide flolification of cerlain evenls
b(t are not intended to be guarantees or insuers agailst any acts for which they nr€ supposed lo
nonitor or inlomr. As requircd by the moniloritg and intrusion industry and lhe nrmslachlren
thereof, Convergint's indemnification obligation pursuanf to Scction 8 herein, does not apply to
the extenl the loss jndemnified againsl is causd by my monitoring or inlrusion product or
softwilc provided by but not manufactured by Convergint. Conv€rgint shall have no lidbility to
Customer for any losscs to the extetrt strch losses arc caused by the monitoring or irtrusion produci
or sollwrye- Customer shall indennify, defend, md hold hrmless Convergint, fiom md against
all clainrs, lawsuits, dantages, losses md expenscs by persons not a prly to this Agreement, but
only to the cxtent causcd by such monitoring or intrusion product or software provided by but not
manufactured by Convergint.
SgC'LION 9. CON{PLIANCE WITH LAW, [:f,O & SAFETY
This Agrcement shall be govemed and construed ir accordance with thc laws ofthe state/province in
which the Work is be ing pcrfomed, Convergint agrees tocotrrply with alllaws md regulations relating
(o or govcming the Work- Convcrgint agrces to comply with all reporting requirements irnposed by
law or dris Agrecment. Converginl shall comply witi all safety related laws and regulalions md with
the saf€ty progrnn of the Custom€r, provided such progm is supplied to Convergint prior to
beginning rvork.
In th€ evenf that Convergint discovec or silspects the presence of huudous materials, or unsafe
rvorking condi(ions at Customer's facility rvhere the Work is to [.rc pcrfomcd, Convcrgint is entitled to
stop the Work at dlat facilily if such himdom mattrials, or unsafe working conditions wors not
provided by or caused by Converginl, Cionvergint in its sole discrelion shall detemine rvhen it is "safe"
to rctml to pcrfom tlc Work at Customer's facility^ Convergint shall have no responsibility for the
discovery, prewne, hmdling rcmoving or dispoml ofor exposure ofpercons to hazardous materjals
in roy fomr at the Cuslomer's lacility- Customer shall indemify md hold hmless Convergint from
ald against claims, dmages, losses atd expcnses, including but not limiled to, resonable attomey's
fees, rising out ofor resulting from undisclosed hyadous materials, or usafe rvorking condilions at
Customer's facility.
SEC'I'ION IO. DISPTJTES
Itr tie event of my dispute between ConverBint dd Cuslomcr, Convcrgint aod Customer shall {irst
altc$pt to resolve the dispute ir the field, but if that is not successftrl, then in a meeting betrveen
authorized o{Iicers ofeach compmy tfsettlement att€lnpts ile not succcssfirl, then lhe dispute shall be
subjeot to md decidcd by medialion or arbitration" Such mediation or trbitration shall bc conductcd in
accordilcc with the Construction Industry Mcdialion or tubitrdtion Rulcs of the Americm Arbitration
Asrcciation cunently in cffect md shall be a finat binding resolution ofthe issues presentecl between
the parties.
SECTION I 1. MISCELLANEOUS
Neilhcr pany to this Agreement shall assign this Agrccmcnt without thc prior wiltcn consent of ths
olhcr party hereto. Convergint may assign this Agrwment lo ily ofits ptrcnts, subsjdiary oraffiliatcd
compmies or my entity rnajority owned by Convergint.
Noticm shall bc in mtingaad addressed tothe otirerparty, in accordance with thsnanes and addresses
ol'llc partics as shom above. All noticcs shall be effective upon receipt by the party to whom the
ootics ws sent.
A waiver of lhe tems h€reunder by one pady to the ofrcr party shall not bc cffcctive mless in witing
ud signed by a penon wilh authority to commit the Customer or Convergirt md dclivercd to ths non-
waiving parly according to the nolice provision hercin. No waiver by Customcr or Convergint shall
operate il a condnuous waiver, uless the witten waiver specifically states ftat it is a continuous
waiver of the tems stated in that waiver.
The Sections reguding invoicing, wmmty ad indennity shall swive the teminalion of this
Agreenrenl.
Version 1.09 April 2017