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Home My WebLink Aboutagreement articlesFederal Emergency Management Agency Agreement Articles Recipient: City of Miami, South Florida Florida Urban Search & Rescue Task Force 2 Agreement Number: EMW-2004-CA-0457 Table of Contents ARTICLE T PROJECT DESCRIPTION ARTICLE II PERIOD OF PERFORMANCE ARTICLE III AMOUNT AWARDED ARTICLE IV REQUEST FOR REIIviBURSEMENT °. ARTICLE V FINANCIAL REPORTS ARTICLE VI PERFORMANCE REPORT ARTICLE VII FEMA OFFICIALS ARTICLE VIII BUDGET ARTICLE IX OTHER TERMS AND CONDITIONS ARTICLE X AUDIT REQUIREMENTS ARTICLE XI GENERAL PROVISIONS ARTICLE XII CONTENTS OF AGREEMENT l0/3002J 1 30028 3UI3 INVIN VOV931.17g0E XVJ 60 Ll b00VEl/80 ARTICLE I — PROJECT DESCRIPTION The Grantee shall furnish the necessary personnel, materials, services, equipment, facilities and otherwise do all things necessary for the performance of the work set forth in the Program Narrative. However, FEMA may purchase certain specialized equipment for distribution to the grantee. That equipment, once given to the grantee, becomes part of the grant agreement. ARTICLE II -- PERIOD OF PERFORMANCE The period of performance shall be from September 1, 2004 through August 31, 2006. ARTICLE III — AMOUNT AWARDED This agreement is for the administration and completion of an approved National Urban Search and Rescue (US&R) Response System. Agreement funds shall not be used for other purposes. The scope and conditions of the tasks to be undertaken by the Grantee with the amount of money identified in block 14 of the covershcet (FEMA Form 40.21), "ASSISTANCE AMOUNT" during the time identified as the "PERFORMANCE PERIOD" are contained in the Statement of Work. Following are the object classes for this award: 1. Personnel 2. Fringe Benefits 3. Travel 4. Equipment 5. Supplies 6. Contractual 7. Construction S. Other 9. indirect Charges Total Amount $400,000.00 $20,000.00 S45,000.00 $157,000.00 S24,000.00 S 154,000.00 so.00 S138,035.00 0.00 S938,035.00 ARTICLE IV — REQUEST FOR REIMBURSEMENT A. Payments will be requested via SmartLink, the Department of Health and Human Services' internet-based payment system, at http://www,dpm.osc.gov/smartlink. B. In accordance with Treasury regulations at 31 CFR 205, the Grantee must maintain or demonstrate the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of the funds and their expenditure. The timing and amount of cash advances should be as close as administratively possible to the actual cash disbursement by the Grantee. 2 ARTICLE V — FINANCIAL REPORTS The Department of Health and Human Services requires a quarterly financial status report, PSC 272, electronically. A copy of this report once completed on-line at HHS's website (refer to Article IV — A) must be printed and mailed to the FEMA Grants Management Branch at the address below. A final FEMA Form 20-10, Financial Status Report, will be due 90 days after project completion. Copies of the FF 20-10 are to be submitted to the FEMA Office of Financial Management, Grants Management Branch with a copy to the FEMA program office. The addresses are as follows: Department of Homeland Security/EP&R Federal Emergency Management Agency Office of Financial Management Grants Management Branch 500 C Street, S.W., Room 334 Washington, DC 20472 Attn; Marilynn Grim (202) 646-3459 Department of Homeland Security Federal Emergency Management Agency Urban Search and Rescue 500 C Street, S.W., Room 333 Washington, DC 20472 Attn: Wanda Casey (202) 646-4013 ARTICLE VI — PERFORMANCE REPORTS The Performance Report is a written report and is a breakout of expenditures, as described below. The Performance Report is due on January 31 and July 31 of each year to the DHS/FEMA Headquarters US&R Annual Preparedness Grants Project Officer at the address above for the duration of this agreement. The January 31 report covers the time period of July 1 through December 31. The July 31 report covers January 1 through June 30. The Performance Report shall include your accomplishments and actual Expenditures of grant funding within the following areas: Administration and Management, Equipment Acquisition and Cache Status, training, and other US&R related and approved expenses . All changes, whether requiring prior approval or not, shall be noted in the Performance Reports and Closeout Documents. 3 Submit one copy of the performance report to Marilynn Grim and one copy to Wanda Casey at the addresses in Article V, Performance and financial status reports are no longer required to be sent to the Regional IIS&R Points of Contact unless requested in writing from the Regional Office. Any request for reports for the Regional Office is approved and shall be made directly to the affected task force from the Regional US&R Point of Contact. ARTICLE VIZ — FE1'L& OFFICIALS A. FEMA officials for the US&R agreement are as follows: 1. The Program Officer (PO) shall be an official at FEMA Headquarters who will be responsible for the technical monitoring of the stages of work and technical performance of the activities described in the Statement of Work. 2. The Assistance Officer (AO) is the FEMA official who has full authority to negotiate, administer and execute all business matters of the agreement. B. Identification — 1. The Project Officer is Wanda Casey, (202) 646-4013 2. The Assistance Officer is Sylvia A. Carroll at (202) 646-3503, or Marilynn Grim at (202) 646-3459. ARTICLE VIII -- BUDGET A. The Grantee shall follow prior approval requirements found in the Emergency Management and Assistance Regulations, 44 CFR Part 13.30. for non -construction grants, transfers of funds between total direct cost categories in the approved budget shall receive the prior approval of FEMA when such cumulative transfers among those direct cost categories are expected to exceed ten percent of the current total approved budget or result in a major change of scope. The Grantee shall obtain prior written approval for any budget revision that would result in the need for additional funds. If a cooperative agreement provides funding for both construction and non - construction activities, the Grantee must obtain written approval from FEMA before making any fund or budget transfer from non -construction to construction or vice versa. All changes, whether requiring prior approval or not, shall be noted in the Performance Reports and Closeout Documents. B. No transfer of funds to agencies other than those identified in the approved cooperative agreement application shall be made without prior approval of FEMA. C. If a Grantee estimates that it will have unobligated funds remaining after the end of the performance period, the Grantee should report this to FEMA Headquarters at the earliest possible time and ask for disposition instructions. D. No monetary increase amendments hereto, or time extension amendments hereto, will be approved unless all financial and performance reports are current, 4 ARTICLE IX — OTHER TERMS AND CONDITIONS The other terms and conditions of this agreement are as follows: A. Prior to the start of any construction activity (minor renovations only), the Grantee shall ensure that all applicable Federal, State, and local permits and clearances are obtained. B. Actual construction is not allowable under this grant agreement. Only minor renovations are allowable. Minor renovations are those modifications that do not change the footprint of the structure. C. Grantees are encouraged to integrate National Environmental Policy Act (NEPA) compliance and related legislation as implemented under 44CFR, Part 10, with the initial planning and decision making process for this program. Grantees are encouraged to seek support from FEMA Environmental Officers in complying with NEPA requirements. D. The Grantee shall transfer to FE?tA the appropriate share, based on the Federal support percentage, of any refund, rebate, credit of other amounts arising from the performance of this agreement, along with accrued interest, if any. The Grantee shall take necessary action to effect prompt collection of all monies due or which may become due and to cooperate with FEVLA. in any claim or suit in connection with amounts due. E. The Grantee is free to copyright any original work developed in the course of or under the agreement. FEMA reserves a royalty -free, non-exclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for Government program purposes. Any publication resulting from work performed under this agreement shall include an acknowledgement of FEMA's financial support and a statement that the publication does not necessarily reflect FEM.A's views. F. Grantees claiming indirect costs: 1. If a Grantee has an indirect cost rate approved by a Federal Agency, that includes a modified off -campus rate, the modified rate will apply. If the Grantee has a third party managing the grant, FEMA will only pay the direct costs associated with the management of the grant. indirect costs of the third party will not be applied to the total direct costs of the grant, and the direct costs associated with the management of the grant should be entered under the contractual budget object class on the FF 20-20, non- construction budget form. 5 G. In accordance with 44 CFR 13.32 (f), if a Grantee or Subgrantee is provided federally -owned equipment: 1. Title will remain vested in the Federal Government. 2, Grantees or Subgrantees will manage the equipment in accordance with Federal agency rules and procedures, and submit an annual inventory listing. 3. When the equipment is no longer needed, the Grantee or Subgrantee will request disposition instructions from the Federal agency. H. In accordance with 44 CFR 13.36 (g), Grantees and Subgrantees must make available, upon request of the awarding agency, technical specifications on proposed procurements where the awarding agency believes such review is needed to ensure that the item and/or service specified is the one being proposed for purchase. This review generally will take place prior to the time the specification is incorporated into a solicitation document. I. All Equipment purchased by Grantees and Subgrantees with federal funds or provided by DHS/FEMA shall be for the exclusive use of the US&R Program and shall not be used for normal dav-to-dav operations of the Sponsoring or Participating Agency. However, this requirement does not preclude the Task Force Sponsoring Agency from using this equipment on a local, regional or state disaster response or under other exceptional circumstance. The US&R Division office shall be notified immediately in writing of any exceptional use of the stand-alone cache equipment that diminishes the response capability of the Task Force. 3. In accordance with 44 CFR 13.36 (a), when procuring property and services under a grant, a State will follow the same policies and procedures it uses for procurements from its non -Federal funds. The State will ensure that every purchase order or other contract includes any clauses required by Federal statutes and executive orders and their implementing regulations. If you. are not a State or local government, you will comply with paragraphs (b) through (i) in 44 CFR 13.36. K. To the extent required by individual states, applicants should comply with state procedures consistent with EO 12372. L. Program Income earned under this grant shall follow the Addition method under 44 CFR 13.25. Grantees shall notify the Federal Agency in writing and program income shall be used for the purposes and under the conditions of the grant agreement. ARTICLE X — AUDIT REQUIREMENTS All Grantees and Subgrantees must follow the audit requirements of OMB Circular No. A-133 Revised. 6 ARTICLE XI — GENERAL PROVISIONS The following are hereby incorporated into this agreement by reference: 44 CFR Emergency Management and Assistance Regulations 44 CFR Part 10 Environmental Considerations 44 CFR Part 13 Uniform administrative requirements for grants and cooperative agreements to state and local governments 44 CFR Part 7 Nondiscrimination In Federally -Assisted Programs (FEMA) 44 CFR Part 14 Administration of grants: Audits of State and local governments 44 CFR Part 17 Government wide debarment and suspension (nonprocurement) and government wide requirements for drug -free workplace (grants) 44 CFR Part 18 New restrictions on lobbying 44 CFR SUBCHAPTER B - Insurance and Hazard Mitigation 44 CFR SUBCHAPTER C — Fire Prevention and Control 44 CFR SUBCHAPTER D — Disaster Assistance 44CFR SUBCHAPTER E - Preparedness 31 CFR 205.6 Funding techniques OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments OMB Circular A-87 Cost Principles for State and Local Governments OMB Circular A-110 Uniform Administrative Requirements for Grants and Cooperative Agreements With Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations OMB Circular A-21 Cost Principles for Educational Institutions 7 OMB Circular A-133 Audits of States, Local Governments, and Non -Profit Organizations OMB Circular A-122 Cost Principles for Nonprofit Organizations Application Cooperative Agreement Application and Assurances contained therein received by FEMA. ARTICLE XII — CONTENTS OF AGREEMENT This Cooperative Agreement consists of the following: 1. FEMA Assistance Award/Amendment 2. Agreement Articles 1 through XII 3. Statement of Work (SOW) and all attachments to the SOW 4. Application, Budget, and Budget Narrative 8