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HomeMy WebLinkAboutFEMA Agreement ArticlesFederal Emergency Management Agency Agreement Articles Draft Recipient: Agreement Number: Table of Contents ARTICLE I PROJECT DESCRIPTION ARTICLE II PERIOD OF PERFORMANCE ARTICLE III AMOUNT AWARDED ARTICLE IV REQUEST FOR REIMBURSEMENT 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 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 coversheet (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 8. Other 9. Indirect Charges 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.psc.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) 646-4572 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 . 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 US&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 VII — FEMA 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, (202) 646-3503 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 exceed ten percent of the total 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. 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. ARTICLE IX — OTHER TERMS AND CONDITIONS The other terms and conditions of this agreement are as follows: 4 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 FEMA 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 FEMA 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 FEMA's views. F. Grantees claiming indirect costs: 1. If the Grantee has an indirect cost rate, the modified off -campus rate will be applied. 2. 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. 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 Fed eral Government. 5 2. Grantees o r 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 day-to-day 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. J. 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. 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 44 CFR 44 CFR 44 CFR 44 CFR 44 CFR 44 CFR 44 CFR 44 CFR 44 CFR 44CFR 31 CFR 205.6 OMB Circular A-102 OMB Circular A-87 OMB Circular A-110 Emergency Management and Assistance Regulations Part 10 Environmental Considerations Part 13 Uniform administrative requirements for grants and cooperative agreements to state and local governments Part 7 Nondiscrimination In Federally -Assisted Programs (FEMA) Part 14 Administration of grants: Audits of State and local governments Part 17 Government wide debarment and suspension (nonprocurement) and government wide requirements for drug -free workplace (grants) Part 18 New restrictions on lobbying SUBCHAPTER B - Insurance and Hazard Mitigation SUBCHAPTER C — Fire Prevention and Control SUBCHAPTER D — Disaster Assistance SUBCHAPTER E - Preparedness Funding techniques Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments Cost Principles for State and Local Governments 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 I through XII 3. Statement of Work (SOW) and all attachments to the SOW 8