HomeMy WebLinkAboutRescue Response SystemPROGRAM NAME: NATIONAL URBAN SEARCH & RESCUE RESPONSE SYSTEM
CFDA: 97.025
GRANTEE: Florida Task Force II
AGREEMENT NO.: EMW-2007-CA-
AMENDMENT NO.:
ARTICLE I -- AUTHORIZATION:
A. Homeland Security Act of 2002, Public Law 107-296
B. Defense Against Weapons of Mass Destruction Act of 1966
C. National Defense Authorization Act for FY 1997, as amended
D. Robert T. Stafford Disaster Relief and Emergency Assistance Act as
amended by Public Law 106-390
E. Section 303 of the Robert T. Stafford Disaster Relief Act (Stafford Act),
42 U. S. C. 5144 authorizes the President of the United States to form
emergency support Teams of Federal personnel to be deployed in an area
affected by a major disaster or emergency.
F. The President delegated this function to be Director of FEMA under
Executive Order (E.O.) 12148 and as amended.
G. 44 CFR Part 208 Interim Rule.
ARTICLE II — PROGRAM NARRATIVE DESCRIPTION
The Grantee shall furnish the necessary personnel, materials, services, equipment, and
facilities to perform the work as described in the Program Guidance that was furnished
with the Request for Application and the Budget Narrative, which is included as part of
the application package dated I/15/2007 , including revisions dated thru -
ARTICLE III — PERIOD OF PERFORMANCE/BUDGET PERIOD
A. Project Period: The Project Period shall be a maximum of sixteen (16) months,
beginning June 01, 2007 thru September 30, 2008, and will correspond to the
applicable approved Budget Period, unless extensions have been authorized.
B. Costs: The Grantee shall only incur costs or obligate funds within the Budget
Period for approved activities or within the approved Period of Performance if
continuation award has been authorized. All additional funding under this Grant
is subject to the availability of funds and the needs of the Federal Government.
3
DRAFT ARTICLES
EMW-2007-CA-
ARTICLE IV — AMOUNT OF AWARD
A. Approved Budget: The approved budget for this award by category is:
Object Class
Personnel
Fringe Benefits
Travel
Equipment
Supplies
Contractual
Construction
Other
TOTAL
DIRECT
Indirect
Charges
TOTAL
BUDGET
FEDERAL
SHARE
Management/
Administration
323,525.00
59,396.00
65,200.00
20,000.00
468,121.00
30,633.00
498,754.00
Training
29,790.00
75,000.00
104,790.00
104,790.00
Equipment
98,956.00
98,956.00
98,956.00
Storage/
Maintenance
100,000.00
100,000.00
100,000.00
Total
323,525.00
59,396.00
65,200.00
98,956.00
149,790.00
75,000.00
771,867.00
30,633.00
802,500.00
B. There is no cost -share or match required for this funding. The Department of
Homeland Security will pay up to 100% of the costs identified in the approved
budget listed under Article IV. A. Approved Budget. The maximum funding
amount is $ 802,500.00 . If costs exceed the maximum amount of DHS
approved funding, the Grantee shall pay the costs in excess of the approved
budget.
ARTICLE V — RESPONSIBILITIES
A. Purpose:
1. The purpose of the FY 2007 US&R Readiness Cooperative Agreement is to
provide funding to continue the development and maintenance of National
US&R Response System resources to be prepared to provide qualified,
competent US&R personnel in support of ESF-9 activities under the Initial
National Response Plan and the Federal Response Plan.
2. Specifically, this agreement provides a mechanism for distribution of
Cooperative Agreement funding for certain purposes in preparation for US&R
disaster response including response to incidents involving weapons of mass
destruction (WMD). Funds are made available to accomplish the
accompanying objectives.
4
DRAFT ARTICLES EMW-2007-CA-
3. This Cooperative Agreement allows each US&R Task Force the opportunity
to maintain a high standard and condition of operational readiness and
recommend key areas for Task Force personnel to focus continued
preparedness efforts.
4. CompIiance with the National Incident Management System (NIMS), as a
condition of the grant award,
B. Objectives:
The objectives of the FY 2007 US&R Cooperative Agreement are to provide
funding:
1. For US&R Sponsoring Agency's to manage and administer Task Force affairs
and activities in accordance with accepted standard business practices.
2. To train the Task Force members and other National US&R Response System
personnel to perform assigned US&R duties in accordance with established
FEMA/US&R approved standards and guidance (e.g., Task Force Operations
Manual, Field Operations Guide, Position Descriptions and Training Plans), in
a disaster or WMD environment.
3. To equip the Task Force in accordance with the US&R Cache List as approved
by the FEMA US&R Program Office and when requested, perform US&R
mission assignments as described in the US&R Response System Task Force
Operations Manual.
4. To continue preparedness and standby activities to respond to any mobilization
request according to FEMA/US&R identified standards.
ARTICLE VI — REQUEST FOR REIMBURSEMENT
A. Payments will be requested via SmartLink, the Department of Health and Human
Service's internet-based payment system, at http://www.dprnpsc.gov/srnartlink.
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
expenditures. The timing and amount of cash advances should be as close as
administratively possible, to the actual cash disbursement by the Grantee.
5
DRAFT ARTICLES EMW-2007-CA-
ARTICLE VII — REPORTING
There are several reporting requirements for this Cooperative Agreement and they are
listed in the Program Guidance/Statement of Work provided with the request for
application.
ARTICLE VIII — GRANT MANAGEMENT OFFICIALS
Officials for the Cooperative Agreement are as follows:
A. Project Manager: The Project Manager (PM), designated by the Grantee, is
responsible for performance of the activities approved in the award:
The Project Manager is:
Joseph Zahralban
Tel: 786-256-5118
Fax: 305-400-5090
Cell: 786-256-5118
Email: usarci.miami.fl.us
B. DHS Project Officer: The DHS Project Officer (PO) shall be an official who
will be responsible for the technical monitoring of the stages of work and
technical performance of the activities described in the program narrative
statement.
The DHS Project Officer is: Ms. Wanda Casey
DHS/FEMA
Response Division
500 C Street, SW, Room 326
Washington, DC 20472
Phone: 202-646-4013
Fax: 202-646-4684
Email: wanda,casey@dhs.gov
C. DHS Assistance Officer: The DHS Assistance Officer (AO) is the DHS official
who has full authority to negotiate, administer and execute all business matters of
the Grant award.
The DHS Assistance Officer is: Ms. Sylvia A. Carroll
DHS/FEMA
Grants Management Branch
500 C Street, SW, Room 334
Washington, DC 20472
Phone: 202-646-3503
Fax: 202-646-4156
Sylvia.Carroll@dhs.gov
6
DRAFT ARTICLES EMW-2007-CA-
ARTICLE IX -- GRANT AWARD AMENDMENTS
All budget and program plan revisions shall be in compliance with OMB Circular A-102,
Grants and Cooperative Agreement to States and Local Governments, or A-110, Uniform
Administrative Requirements for Grants and Agreements With Institutions of Higher
Education, Hospitals, and Other Non -Profit Organizations, and OMB Circular A-21 Cost
Principles for Educational Institutions, or A-87, Cost Principles for State and Local
Governments, or A-122, Cost Principles for Non -Profit Organizations. In addition to
these requirements, the Grantee shall submit and receive written prior approval before
implementation for the following:
A. Budget Revisions:
1. Grantee must obtain prior approval from DHS/FEMA for transfers of funds
between direct cost categories and program categories in the approved budget,
when such cumulative transfers among those direct cost categories and
program categories exceed ten percent of the total budget.
2. Transfer of funds to entities, except those identified in the approved
application, requires prior DHS/FEMA approval.
3. Need for additional funds. DHS is not obligated to provide additional funds
prior to the submission and approval of consecutive continuation options
based on satisfactory performance and availability of funds.
B. Extension Request:
Requests for additional time extensions to the Period of Performance will be
considered, but will not be granted automatically and must be supported by
adequate justification in order to be processed. They must be submitted to the
Grants Management Specialist, and will also be reviewed by the Program Office.
The final approval/denial will be in writing by the Grants Management Specialist
or Assistance Officer. Approval of 2nd extensions require concurrence by the
Program Director, and the Grants Management Branch Director, and the final
approval/denial will be in writing by the Grants Management Specialist or
Assistance Officer.
Extension requests can be submitted by priority mail, fax, or email and they must
contain the following information:
1. Status of the ongoing activity.
2. An explanation as to why the activity could not be completed as required,
actions taken to resolve any problems, and a description of performance
measures that are necessary to complete the project.
3. An outline of remaining funds available that is necessary to finish the activity
7
DRAFT ARTICLES EMW-2007-CA-
4. An estimated completion date for the activity.
5. Extensions to the Period of Performance shall be authorized only in writing by
the DHS Assistance Officer.
6. There is no DHS obligation to provide additional funding as a result of time
extensions approved.
7. Financial and Performance Status Reports must be current, and the extension
justification must be submitted or extension requests will not be processed.
ARTICLE X - PREAWARD COSTS
Preaward costs may be approved for up to ninety (90) calendar days prior to the effective
date of the Grant. The following conditions apply:
A. The grantee shall submit a written request for preaward costs and they must
receive written approval from the Assistance Officer prior to incurring costs.
B. The costs have been incurred with the understanding that they were incurred at the
Grantee's risk and may not be reimbursed, if adequate funding has not been
awarded to cover preaward costs and approved activities to be completed under
the award.
C. The costs must be necessary for the effective and economical conduct of the
project.
D. The costs are in compliance with the appropriate OMB Cost Principles.
E. The costs are supported with source documentation.
ARTICLE XI -- BUDGET
The following conditions apply:
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 and
Program Categories in the approved budget shall receive the prior approval of
DHS/FEMA Assistance Officer when such cumulative transfers among those
direct cost categories and Program 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. A1I changes, whether
8
DRAFT ARTICLES EMW-2007-CA-
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
the DHS/FEMA Assistance Officer,
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.
ARTICLE XII — OTHER TERMS AND CONDITIONS
The other terms and conditions of the agreement are as follows:
A. Buy America. The Grantee, Sub -grantees and contractors receiving funds from
this grant shall comply with the Buy American Act (41 U.S.C. 10a et seq.)
unless it is determined that it is inconsistent with the public interest,
impracticable to comply with such a requirement or that it would unreasonably
increase the cost of articles, materials, or supplies. The exception shall be noted
in the specifications and documentation to justify the exception will be retained
in the grant file for record.
B. Copyright. The Grantee is free to copyright original work developed in the
course of or under this agreement. DHS reserves a royalty -free, nonexclusive
and irrevocable right to reproduce, publish, or otherwise use, and to authorize
others to use, the work preformed under this award for Government purposes.
Publication resulting from work preformed under this agreement shall include_
an acknowledgement of financial support from DHS and include a statement
that the publication does not necessarily reflect the DHS views.
C. Publication and Acknowledgement of DHS Sponsorship.
1. One copy of each article planned for publication will be submitted to the
DHS Project Officer simultaneously with its submission for publication.
Following publication, a copy of each published paper shall be submitted to the
DHS Project Officer.
2, The Grantee agrees that when releasing information relating to this Grant, the
release shall include a statement that the project or effort undertaken was or is
sponsored by the Department of Homeland Security.
3. Disclaimer: The Grantee is responsible for assuring that every publication
submission (including World Wide Web pages) based on or developed under
this award, except scientific articles or papers appearing in scientific, technical
or professional journals, contains the following disclaimer: "Any opinions,
9
DRAFT ARTICLES EMW-2007-CA-
findings, and conclusion or recommendations expressed in this material are
those of the author(s) and do not necessarily reflect the views of the
Department of Homeland security."
4. For the purpose of this requirement, information includes news releases,
articles, manuscripts, brochures, advertisements, still and motion pictures,
speeches, trade association proceedings and symposia.
5. Publications: In compliance with the Section 623 of Treasury, Postal Service,
and General Government Appropriations Act, 1993, and reenacted in Section
621 of the fiscal year 1994 Appropriations Act requires that all grantees
disclose the amount and percentage of Federal funding and funding form non-
governmentaI sources when making public announcements about Federally -
funded projects in the amount of $500,000 or more.
D. Patent Rights. Grantees are subject to applicable regulations governing patents
and inventions, including government -wide regulations issued by the Department
of Commerce, 37 CFR Part 401,"Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms under Government Grants, Contracts and
Cooperative Agreements."
E. Environmental Standards. By accepting funds under this Grant, the grantee
assures they will:
1. CompIy with applicable provisions of the Clean Air Act (42 U.S.C. 7401, et
seq.) and Clean Water Act (33 U.S.C. 1251, et seq.), as implemented by
Executive Order 11738 [3 CFR, 1971-1975 comp., p. 799] and Environmental
Protection Agency (EPA) rules at 40 CFR Part 15. In accordance with the EPA
rules, the Grants further agrees that it will:
a. Not use any facility on the EPA's List of Violating Facilities in performing
any award that is nonexempt under 40 CFR 15.5 (awards of less than
$100,000, and certain other awards, exempt from the EPA regulations), as long
as the facility remains on the list.
b. Notify the awarding agency if it intends to use a facility in performing this
award that is on the List of Violating Facilities or the Grantee knows has been
recommended to be placed on the List of Violating Facilities.
2. Identify to the awarding agency any impact this award may have on:
a. The quality of the human environment, and provide help the agency may need
to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C.
4321, et seq.) and to prepare Environmental Impact (e.g., physical disturbance
of a site such as breaking of ground) until the agency provides written
notification of compliance with environmental impact analysis process.
10
DRAFT ARTICLES EMW-2007-CA-
b. Coastal barriers and provide help the agency may need to comply with Coastal
Barriers Resource Act (16 U.S.C. 3501, et seq.), concerning preservation of
barrier resources.
c. Any existing or proposed component of the National Wild and Scenic Rivers
system, and provide help the agency may need to comply with the Wild and
Scenic River Act of 1968 (16 U.S.C. 1271, et seq.).
F. Refunds. The Grantee shall transfer to DHS the appropriate share, based on the
Federal support percentage, of any refund, rebate, credit or other amounts arising
from performance of this agreement, along with accrued interest. The Grantee
shall take necessary action to effect prompt collection of all monies due or which
may become due and to cooperate with DHS in any claim or suit in connection
with amounts due.
G. Overpayment and Earned Interest.
Overpayment. Within ninety (90) days from the expiration date of the
Performance Period, overpayment of funds shall be remitted to the Assistance
Officer by check payable to DHS. An overpayment represents the difference
between allowable actual expenditures and total DHS payment received by the
Grantee.
H. Program Income. Program income is income earned as a result of Grantee or
sub -grantee grant -supported activity, or earned as a result of the grant agreement
during the Period of Performance. Program income shall be added to the award of
funds under this grant and shall be used to expand the approved program activities.
The Grantee shall submit a written list of expanded activities to be accomplished
as a result of the Program Income funds. This list shall be submitted to the DHS
AO for review and the approval within 20 days of receipt of program income.
I. Security. The Grantee shall not be granted access to classified information under
this Grant. If security restriction should happen to apply to certain aspects of the
proposed activity, the Grantee will be informed. In the event that the scientific
work under this Grant may either need classification or involve access to or
storage of any classified data, the Government shall make a decision on the need
to classify, or require such access or storage within 30 days after receipt of a
written notice from the Grantee. If the decision is affirmative, the Government
may invoke the Termination clause, as appropriate.
J. Controlled Unclassified Information. The parties understand that information
and materials provided pursuant to or resulting from this Grant may, be export
controlled, sensitive, for official use only, or, otherwise protected by law,
executive order or regulation, The Grantee is responsible for compliance with all
applicable laws and regulations. Nothing in this Grant shall be construed to permit
any disclosure in violation of those restrictions.
11
DRAFT ARTICLES EMW-2007-CA-
K. Travel. Allowability of Travel Expenses. Expenses for transportation, lodging,
subsistence and related items incurred by project personnel and by outside
consultants employed on the project (GPM) Section 614 who are in travel status on
business related to an DHS-supported project are allowable as prescribed in the
governing cost principles. The requirements for prior approval contained in the
governing cost principles are waived.
L. Cargo Preference. The grantee agrees that it will comply with the Cargo
Preference Act of 1954 (46 U.S.C. 1241), as implemented by Department of
Transportation regulations at 46 CFR 381.7, which require that at least 50% of
equipment, materials or Grant, and which may be transported by ocean vessel,
shall be transported on privately owned U.S.-flag commercial vessels, if available.
M. Fly America Act. Preference for U.S. Flag Air Carriers: Travel supported by
U.S. Government funds under this Grant shall use U.S.-flag air carriers (air
carriers holding certificates under 49 U.S.C. 41102) for international air
transportation of people and property to the extent that such service is available,
in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. 40118) and the interpretative guidelines issued
by the Comptroller General of the United States in the March 31, 1981,
Amendment to Comptroller General Decision B138942.
N. Site Visits. DHS, through authorized representatives, has the right, at all
reasonable times, to make site visits to review project accomplishments and
management control systems to provide such technical assistance as may be
required. If any site visit is made by DHS on the premises of the grantee or a
contractor under an award, the grantee shall provide and shall require its
contractors to provide all reasonable facilities and assistance for the safety and
convenience of the Government representatives in the performance of their duties.
All site visits and evaluations shall be performed in such a manner that will not
unduly delay the work.
O. Clearances: Prior to the start of any construction activity (minor renovations
only authorized under this Cooperative Agreement), the Grantee shall ensure that
all applicable Federal, State, and local permits and clearances are obtained.
P. Minor Renovations. 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.
Q. National Environmental Policy Act (NEPA). 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
12
DRAFT ARTICLES EMW-2007-CA-
requirements.
R. Grantees claiming indirect costs:
I . If a Grantee has an indirect cost rate approved by a cognizant Federal Agency,
that includes a modified off -campus rate, the modified rate will apply. Copies
of the Federal approved rate must be submitted with the application and
become part of the official file.
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.
Copies of the Federal approved indirect cost rate must be submitted with the
application and become part of the official file.
2. Indirect Cost Rate Agreements that are submitted will be reviewed and
negotiated if necessary. Applicants must consider the number of Task Force
Members that are assigned to the Sponsoring Agency, when requesting to
apply the indirect cost rate agreement.
S. Government Equipment:
In accordance with 44 CFR 13.32 (I) and 2 CFR Part 215, if a Grantee or Sub -
grantee is provided
Federally -owned equipment:
1. TitIe will remain vested in the Federal Government, unless stated otherwise by
US&R Program Office/Grants Management Office. (See the Statement of
Work for clarification on title.)
2. Grantees or Sub -grantees will manage the equipment in accordance with
Federal agency rules and procedures, and submit an annual inventory Iisting.
3. When the equipment is no longer needed, the Grantee or Sub -grantee will
request disposition instructions from the Federal agency.
T. All Equipment purchased by Grantees and Sub -grantees 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.
13
DRAFT ARTICLES EMW-2007-CA-
U. In accordance with 44 CFR 13.36 (g) and 2 CFR Part 215, Grantees and Sub -
grantees 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.
V. In accordance with 44 CFR 13.36(a) and 2 CFR Part 215, when procuring
property and services under a grant, a State will follow the same policies and
procedures it uses forprocurements 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 2 CFR Part 215.
W. To the extent required by individual states, applicants should comply with state
procedures consistent with EO 12372.
ARTICLE XIII — AUDIT REQUIREMENTS
Grantees and Sub -grantees must follow the audit requirements under OMB Circular A-
133. Non -Federal entities that expend $500,000 or more Federal funds in a year shall
have a single or program -specific audit conducted for that year in accordance with the
provisions of A-133.
ARTICLE XIV — GOVERNING PROVISIONS
The Grantee and any subgrantee shall comply with all applicable laws and regulations. A
non-exclusive list of regulations commonly applicable to DHS grants are listed below:
A. Administrative Requirements
1. OMB Circular A-102, State and Local Governments (10/07/94,
amended 08/29/97) (44 CFR Part 13)
2. OMB Circular A-110, Institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations (11/19/93, amended 09/30/99) (2 CFR Part
215)
B. Cost Principles
1. OMB Circular A-87, State and Local Governments (05/04/95, amended
08/29/97)
2. OMB Circular A-21, Educational Institutions (08/08/00)
3. OMB Circular A-122, Non Profit Organizations (05/19/98)
14
DRAFT ARTICLES EMW-2007-CA-
C. Audit Requirements,
OMB Circular A-133, States, Local Governments, and Non -Profit
Organizations (06/24/97, includes revisions published in the Federal Register
06/27/03)
Grant award is approved by DHS on , including revisions
dated thru
15