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Home My WebLink AboutExhibit 1I ACCARDI USAR PARTICIPATING PERSONNEL WARA RUSSELL !AGUTAR JORGE ALDERSON IALICEA ELOY LALICEA EDWIN ;ALVAREZ BENJAMIN YOLANDA %ALVAREZ OZZIE ANDERSON MARK ANDRULONIS 'PAUL IANTON iARANEGUI I !ARANGO ARIAS `ARMSTRONG 'XAVIER SANTIAGO SYLVIA JOSE CHRISTOPHER IARNAL :GLEN tARNOLD ;-MICHAEL A. IAZZINARO WILLIAM rBADIU I- EDUARD BALDWIN IICORNELIUS BANKS T W I LL IAM IBARGER JJASON 'BARHORST GREGORY IBARR lJOHN I BARRETO ;FIDEL I I BARRON ' PATRICK jBARTLETT L� KEVIN 4 ;BARTLETT F iJOE I BATISTA FREDDIE %BAYNE JEFFREY BAYNE 1HUGH BENEMIO ' CHRISTOPHER BERKOWITZ BERRES BILLBERRY BLATCHFORD IANDY JO E JIM ROBERT BLOCH I ADAM IBOGUSH ;MARK %BORGES I GENE BOYD ;CHARLES BRANNOCK CHARLES IBRINSON DOUGLAS DAVID BRODIE !STEVE BUNKER GREG 'BURNS fGEORGE BURNS KEVIN BURTON 'DENA BUZZELLA !BRETT CABRERA i JOE --I CAGNIN I EDUARDO CALDARO MICHAEL CALDERON EDDY CANTWELL PATRICIA CARDENAS II I CARDENAS SR. ELOY BRAULIO CARPENTER !VANCE CARRIGAN WILLIAM CARTER DAVID CHAVARRIA GREG !CHIN i TONY CLEMENTS /THOMAS COHEN JOS HUA COM ESANAS DANIEL , CONKLIN JOHN CONTRERAS !EDVVARD COOPER 1RUSS ELL CORRALES JAVIER CORTN ER KEITH CRENSHAW JEROME CREWS JEFFREY CSALOS 1JEFF I CUEVAS RICHARD CURBELO i WILFREDO I DARBEAU BENNET DARLEY PETER DAVIS SHANE I DEAN Is= DELORO !SERGIO DEMIERRE JEAN PAUL DEMING ROBERT J DEVESA MANUEL LDIAZ !DIAZ ALBERTO YAM ILEE DISBROW SCOTT DOMINIQUE DORS t I IE VOLTAIRE 1DAVID DRESBACK !WILLIAM DUENAS DAVID DUNNE !ALLISON DUQUESNE JORGE DUREN !REGGIE EARLE RICK IFILI EARLE KEITH EDGE ISETH i EICKWORT IIDAVID 1 ENCINOSA !ROLY ERBEL RONALD; 1 ERDOZAIN {JACK ESCOBEDOi GERARDO ESSEX ;MIKE TESTRELLA 'JOSE FABYAN !JEFF FAJKIS1 IRENEUSZ 1FALLAD !JOSE 1FARBER iDAVE FEENEY iDANIEL FERNANDEZ !VIRGIL L FERNANDEZ !JOSEPH FERRER !MIGUEL FIGUEROA !CARLOS 1 WINIFRED FISHER 'JIM FITZGERALD I JEFFREY FLORES 1ADAEL ,FORSYTHE !JOANN FORSYTHE !MIKE FRAILEY 1JULIE FRANCE IDAMON I FRANK 1CHARLES FUCCI i ; WILLIAM 3 GABRIEL !STEPHEN GAJATE !TERESA GALT i '• KEVIN GARCIA j RICARDO GARCIA iJERRY GARCIA CARLOS GARCIA HUMBERTO GARCIA j ELOY GARZON 1JUAN GILBERT 1JOHN GLAZE ! JAMES GLEASON !TIMOTHY GOMEZ !OSCAR GOMEZ !ARTURO GOMEZ ;PETS GOMEZ IRENE GOMEZ IOLGA GONZALEZ I RICHARD GONZALEZ 1 NELSON GONZALEZ !RANDY GORDON ;LONNIE !GREENFIELD IGRIMSTEAD ;GROSSMAN LISA STEVE MARC 1GUERRA !WILLIAM 1GUERRERO ; ERIC ' G UTI ERREZ W I LLIAM HALL I MARSH IA IHAMBERGER !JEFF HAMILTON ! WAYNE HART ;DENNIS f HAYWOOD i MATTHEW HAZELBAKER VINCENT I HEID ;MICHAEL I HEINITSH I HARRY I HENBEST ; HARRIS HERNANDEZ IJORGE IHERNANDEZ fJOE !HERNANDEZ I ROBERT IHERNANDEZ ;JAVIER HERNANDEZ HERRERA HEVIA ;ROLANDO ;JESUS ROBERT HEYDER !TRACY HINTON JOHN HIRSCHMAN !JIM HOECHERL RAYMOND ;HOECHERL ROBERT HOPPE j BRENDA HORWITZ ;MICHAEL HOYOS jALBERTO HUBSCHMAN MARC !HUGHES WILLIAM !HUNTER !CHRISTOPHER HURST 'TODD HYLE THOMAS {IAFELIECE !GREGORY LJACKSON RICK IJEDLINSKI TONY [JOBIN ;DONALD !JOHNSON !JOHN JOHNSON ;HOWARD JURADO IRODOLFO KEMP MAURICE I KENNEDY MICHAEL KHAWLY RON 1KHOURI I KIENZLE ELIZABETH jKLIMOSKI THOMAS 1 KNAPP j GEORGE WALTER 'KOVACS ICAREY KRONHEIM !KENNETH 1 I LAGEYRE ; ALBERTO 'LANE ;JOHNNY LATONA VINCENT 1LEVALLEY DOUGLAS LEWIS KEVIN ( LEWYCKY I WILLIAM L'HERROU 1LIVERSEDGE 'TODD !JEFFREY LLERA MELISSA LOCURTO !LONG !LLOYD ILOPEZ ;PETER 'SEBASTIAN LOPEZ EDUARDO LOPEZ ! BREAN ILORBER REED 1LOIIENBERG LAWRENCE MAINADE 1 MALDONADO j FRANK FRANCISCO !MANE IIA ICHARLES j MANN ! WILLIAM 1 MARCOS 'LINO MARRO ' NICHOLAS MARTI ;JOSE MARTI N EZ MATONAK 'ALEXANDER IMICHAEL MAULINI I RICARDO MCALPIN GARY MCBEAN CRAIG !MCCLUSKEY SCOT MCCUSKER-REUSS KIM MCDERMOTT 1CHARLES }MCDONALD EDWARD MCGANN MCINERNY TYRONE STEPHEN MCLOUGHLIN IJOHN MCMAHON I MCNALLY !JEFFREY i MICHAEL MEHAFFEY I BILL MENDEZ JOSE MENDIA IJOSE I MESTAS JUAN IMESTAS !JULIO !MEYER I FRANK (MINOR, JR ?DONALD MIRANDA j ROGELIO 'MITCHELL IBRIAN MOLDOVAN I PHILIP 'MOLENDA JOHN !MONTI JOHN MONTOPOLI ?JOSEPH [MOORE ;STEPHEN MOORE MOORE MARK FRANK IMORA !DAVID IMOSER ?SOPHIA IMOSER (MIKE IMOSTACCIO ?SANDRA SWEENEY ;MUNI 1CHRIS .MURDOCH SEAN J f MURPHY ! PATRICK ?MURRAY IROBERT MMUSSER ICHRIS !MUSSER GRANT MYERS ;MARK IMYERS FRANK NEREIIE ;STEPHANIE NEWCOMB I HARRY KEITH NICHOLAS IZACHARY NICKISON NUGENT 1 MICHAEL NUNEZ DAVID OBANDO ;MERGER ?MATTHEW ;O'BRIEN 1JON IOCHS 1STEWART I- O'GORMAN ; STUART OHLRICH ;JUNE ONDO I MICHAEL ; O RTIZ IPADELFORD DIEGO JULIE PADRON ;RONALD !PAIGE j RYAN IPALACIOS ?EDGAR PALMER STEPHANIE I PALOMINO ; RICARDO J IPAMPIN ;RAY IPANGALLO VINCENT ! PARDO ;PARKS I RICARDO THOMAS I PARKS FF;A-TIN 0 PATRON !ADAM HENRY JUAN PAZ DAVID _J PENICK i PEREZ JOHN 1 RAUL PEREZ CARLOS !PEREZ i ZA I RATH PEREZ-PEREZ ; ISRAEL 1 PICARD f ROGER I I ! PI EDRAHITA i ARNOLD PI LOTO PONS RICARDO EURAD LI 0 PRADO JR. 'ANTHONY PRAISLER !DAVID PRAT !ANGELO PUMARIEGA CARLOS PUPO TOMAS RACOW RACOW CATHY iscorr RADELMAN ; CRAIG RAMIREZ !JOHN RAM IRE? ROBERT RAMLAL ' HARESH I . RAMSAY IANDREVV RASHAD I KAMAL RENO i DOUGLAS REUSS 1 PAUL RICHARDSON BRYCE RIFFLARD JEREMY ROBINS i ANDREW ROBINSON !RICHARD E. RODRIGUEZ i NELSON RODRIGUEZ ; OSCAR RODRIGUEZ iALAIN RODRIGUEZ ISERGIO RODRIGUEZ EDDY RODRIGUEZ 1 GABRI EL ROGERS WILLIAM ROJAS 1 RI CHARD ERIC ROMERO i TANIA ROSSI ; ; MARK i ROSSI !JORGE RUSSONIELLO I 1JOSEPH I SAAVEDRA !PEDRO SANCHEZ I i ERIK SANCHEZ i ROLAND SANDA RICARDO �SANTELICES !ARMANDO SCARFONE ,SCHEU SEABROOK MARC �j WILLIAM IR I CHARD I SECADA ;ANGEL SEIGLIE i HECTOR I SELIMOS j MILTON SHAH iSANJEEV SHELLEY IHAROLD !SHERIDAN BILL SIMON t [KARL 1SMALLEY !PETER SMITH BRYANT iSMITH iDAVID I SMITHEY j BRIAN SNOWHITE i JACOB SOLDEVILLA CARLO SOLIS { OCTAVIO SORRENTINO j JOSEPH SORRENTINO :I CHRIS SOTO IGABINO SOTO-SPIRA DAISY !STONE 1JEFFREY f !STRASZHEIM JOEL STUART ABIGAIL ISUAREZ 3ROBERTO ISUAREZ JOHNNY !SUMNER i PAUL 'TASSY lOLIVER i ITHOMAS ISUSAN !THOMPSON ISHAWN 1 [THORNHILL DANIEL !TORRES !JULIO TREBILCOCK ! MICHAEL TREVISOL iJOSEPH ULLOA ILUIS !VALENTINE i TIMOTHY IVANBUSKIRK !JASON [VARGAS !DAVID IVARONA i DAVID VASCOS t VIVIAN VILLARREAL !ARIEL WALSH !DAVID WALTERS !DAVID WEISS 1RICHARD. WELLS IJOSH WELLS jMATTHEW \NESTLING WHITE ROSEMARY RONALD WIDEMAN I LARRY WILE !GERALD L WILKIN SAMUEL IWILLIG (STUART IWILSON ;MARK !WIRTH i DAVID WOHL 'NICHOLAS 1 " WOLFE iBRETT -i WOLFF EDWARD YANNAYON LYODER (KEVIN MICHAEL tZAHN !ELISE (ZAHRALBAN JOSEPH (ZIMMERMAN I DALE ZIMMERMAN 'JOHN IZULUETA !DAVID Final Draft of Proposed SA/AP MOA Template as of D1/22/07; Includes changes directed al01/17107 LIWG meeting in Las Vegas, NV MEMORANDUM OF AGREEMENT BETWEEN City Of Miami Fire Rescue AS THE SPONSORING AGENCY OF THE FLORIDA TASK FORCE 2 AND � l AN INDIVIDUAL SERVING AS AFFILIATED PERSONNEL OF THE TASK FORCE This "Agreement" is entered into by and between the parties designated in Section 1, below, who agree that subject to at of the provisions of this Agreement, [ ] will serve on the Florida Task Force 2 as Affiliated Personnel. Each party further agrees that it assumes at of the duties and responsibilities assigned to that party under this Agreement, and that so long as this Agreement remains in effect, the party will fully perform all of those duties and responsibilities. 1. PARTIES The parties to this Agreement are the following entities: 1.1. City of Miami Fire Rescue: 1151 NW 7 Street 3rd Floor Miami Florida 33136 (305) 416 5471 1.2 Affiliated Personnel: Name: [ ] Address: [ Telephone number: [ ] 2. RECITALS Sponsoring Agency and Affiliated Personnel have entered into this Agreement in recognition of the following Recitals; 2,1 Sponsoring Agency, Sponsoring Agency is a cooperating party under a "Memorandum of Agreement" dated 09-11-2008 with the Federal Emergency Management Agency 1 Final Draft of Proposed SA/AP MOA Template as of 01/22/07; Includes changes directed at 01/17/07 LIWG meeting in Las Vegas, NV ('FEMA") and the.State of Florida. A copy of the,Memorandum of Agreement (the "FEMA MOA") is attached to this Agreement as Appendix "A" and incorporated by reference. 2.2 National Urban Search & Rescue Response System. Pursuant to federal law, principally the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121 through 5206 (the "Stafford Act"), the U.S. Department of Homeland Security ("DNS"), acting through FEMA, operates the National Urban Search & Rescue Response System ("System") in conjunction with State and local governments. 2.3 Task Forces. Each Sponsoring Agency is responsible for recruiting and organizing a Task Force consisting of individuals occupying certain specified positions plus additional support personnel, all of whom have been properly trained with the requisite skills and capabilities required for urban search and rescue operations and/or deployment of the Task Force. A Task Force may be deployed as a single unit or it may be reorganized into teams for purposes of modularized responses for limited or specialized Activations. Members of a Task Force may also be deployed as members of a management or other technical team. 2,4 Florida Task Force 2. The CityOf Miami Fire Rescue is the Sponsoring Agency for Florida Task Force 2 (the "Task Force") and is charged with, among other things, recruiting and organizing members for the Task Force. In the performance of its responsibilities, the Sponsoring Agency may enter into cooperative arrangements with federal, state, or local government entities, or non-profit or for -profit entities, to serve as Participating Agencies in the Task Force and with individuals to serve as Affiliated Personnel of the Task Force. The Sponsoring Agency is obligated to enter into written agreements with those Participating Agencies and Affiliated Personnel setting forth the relationship between the parties. 2.5 Affiliated Personnel. f desires to serve as Affiliated Personnel in the Task Force, subject to all of the provisions of this Agreement. 2.6 Applicable Provisions, With respect to National Urban Search & Rescue Response System activities, this Agreement incorporates the provisions of Interim Final Rule, "National Urban Search and Rescue Response System," 70 Fed. Reg. 9182 (Feb. 24, 2005) ("Interim Final Rule"), attached as Appendix "B," as well as the provisions of the FEMA MOA, attached as Appendix "A." To the extent the Interim Final Rule is contrary to the FEMA MOA, the Interim Final Rule will prevail. Upon the effective date of the Final Rule governing this subject ("Final Rule"), the Final Rule shall supersede the Interim Final Rule in Appendix "B" and shall prevail over any contrary provisions of the Interim Final Rule or the FEMA MOA. 2.7 Definitions of Terms. Capitalized words and phrases in this Agreement have the same meaning as they do in the Interim Final Rule, unless or until superseded by the Final Rule. Capitalized words and phrases not defined in the Interim Final Rule or the Final Rule have the meaning given in this Agreement. 3. AGREED TERMS AND CONDITIONS 3,1 Affiliated Personnel. 2 Final Draft of Proposed SA/AP MCA Template as of 01/22/07; Includes changes directed at 01/17/07 LIM meeting in Las Vegas, NV - 3.1.1 Affiliated Personnel agrees to serve in designated position on the Task Force as determined by the Task Force. 3.1.2 Affiliated Personnel further agrees that he/she will meet the required qualifications for the position to be filled, wit accomplish the required training specified in this Agreement and will satisfy other conditions of preparedness and response as required by the Sponsoring Agency. 3.1.3 The Parties will cooperate with each other so as to facilitate achievement of the goals and objectives of the System as fully and completely as possible. 3.2 Third Party Liability and Workers' Compensation, Affiliated Personnel shall be afforded such coverage for third party liability and workers' compensation as is afforded at Task Forces and their System Members under Federal law, the scope of which is generally described in Appendices °A" and "B.' Except as afforded by the federal government, state volunteer statutes, or as required of Sponsoring Agency under applicable law, the responsibility for risks associated with claims for third party liability and workers' compensation arising out of participation in the Task Force are assumed by and remain the responsibility of Affiliated Personnel and are not under any circumstances, the responsibility of Sponsoring Agency. 3.3 Financial Provisions, 3,3.1 Preparedness Funds 3.3.1.1 In its sole discretion, Sponsoring Agency may utilize for the benefit of Affiliated Personnel such preparedness grant funding as Sponsoring Agency shall be eligible to and does receive from FEMA. Any such utilization shall be subject to the requirements of the preparedness grants and the needs of the Task Force generally. 3,3.1.2 Any other funding received by Sponsoring Agency from sources other than the federal government may also be utilized as Sponsoring Agency determines in its discretion. Sponsoring Agency shall utilize such funding fairly and equitably taking into account the mission, goals and objectives of the Task Force and the needs of the Sponsoring Agency as compared to other proper needs and demands. 3.3.2 Response Funds 3.3.2.1 Sponsoring Agency shall promptly reimburse Affiliated Personnel for response expenses that are authorized to be incurred by or for the benefit of System Members engaged in Task Force activities, upon receiving reimbursement for such expenses from the federal government. Such expenses must be properly ascertained, accumulated and reported to the Sponsoring Agency, and the funds to be utilized for payment must ,have been reimbursedbyor on behalf of FEMA to Sponsoring Agency. 3 Final Draft of Proposed SAtAP MOA Template as of D1122/D7; Includes changes directed a', 01/17I07 LIM meeting in Las Vegas, NV .3,3.2.2 After an Activation, Affiliated Personnel shall provide Sponsoring Agency with relevant financial information to be submitted by Sponsoring Agency as part of an overall claim package which Sponsoring Agency is obliged to submit to FEMA. The financial information shall be submitted to the Sponsoring Agency within 30 days after the end of the Personal Rehabilitation Period established by FEMA. The financial information shall be prepared and submitted in conformance with applicable federal directives which Sponsoring Agency shall disseminate to Affiliated Personnel. 3.3.2.3 To ensure proper reimbursement from FEMA, the compensation of Affiliated Personnel shall be in accordance with pay schedules and policies established by the Interim Final Rule, from the time of activation and until the Task Force returns, is deactivated and Participants are returned to regular work schedules. 3.3.2.4 All financial commitments of Sponsoring Agency are subject to the availability and receipt of funds by Sponsoring Agency from FEMA and other sources. 3.3.2.5 Affiliated Personnel shall not be reimbursed for costs incurred outside the scope of this Agreement. 3.4 Reporting And Record Keeping Requirements, 3.4.1 Affiliated Personnel shall provide to the Sponsoring Agency such records as requested within ten business days. 3.4.2 Sponsoring Agency may issue a Task Force Picture identification Card to Affiliated Personnel, 3.4.3 Affiliated Personnel shall provide pro specified in this Agreement. and accurate reporting as 3.5 Mandatory Minimum Requirements For Participation. Affiliated Personnel must satisfy all of the following for participation on the Task Force, 3.5.1 Affiliated Personnel shall be of good moral character and shall not have been convicted of any felony or any other criminal offense involving moral turpitude. 3.5,2 If serving in a Task Force position that requires the individual to hold a license, registration, certificate or other similar authorization to lawfully engage in an activity, Affiliated Personnel must hold the appropriate authorization, which must be current and validly issued. In.particular copy of each document is required on file with the Task Force. 4 Final Draft of Proposed SWAP MOA TempIsle as of 01/22107; Includes changes directed al 01/17/07 LIWG meeting In Las Vegas, NV 3.5,3 Subject to any applicable FEMA standards, Affiliated Personnel must meet the medical/fitness standards required by Sponsoring Agency and not have any medical condition or disability that will prevent performance of the duties of the Task Force position he/she occupies. 3.5.4 Affiliated Personnel must be available on short and be able to respond on a mission for up to 14 days. 3.5.5 Affiliated Personnel must be capable of improvising and functioning for long hours under adverse working conditions. 3.5.6 Affiliated Personnel must receive such inoculations as are specified by the Sponsoring Agency. 3.5.7 Affiliated Personnel must be aware of the signs, symptoms and corrective measures of Critical Incident Stress Syndrome. 3.5.8 Affiliated Personnel must understand and adhere to safe working • practices and procedures as required in the urban disaster environment. 3.5.9 Affiliated Personnel must have a working knowledge of the US&R System and the Task Force's organizational structure, operating procedures, safety practices, terminology and communication protocols. 3.5.10 Affiliated Personnel must have completed such courses of education and training and other requirements as the Sponsoring Agency shall specify. 3.5.11 Sponsoring Agency has authority to immediately suspend or terminate Affiliated Personnel's participation on the Task Force for failure to satisfy any requirement. 3.6 Clothin0 and Equipment. 3.6.1 Sponsoring Agency will issue to Affiliated Personnel certain items of personal protective clothing and equipment for use in Task Force activities and operations. In the event of Activation, Affiliated Personnel shall provide certain additional items of personal clothing and equipment. Items of clothing and - equipment supplied by Sponsoring Agency shall remain the property of Sponsoring Agency and shall be returned promptly whenever Affiliated Personnel ceases to be a member of the Task Force. 3,6.2 Subject to FEMA requirements, all uniforms will display the official patch of the Task Force and the official patch of the System, as specified by the Sponsoring Agency. The Sponsoring Agency shall specify the design of the uniform and any identifying insignia or markings. 3.7 Command, Control and Coordination, Final Draft of Proposed SA/AP MOA Template as of 01J22/07; Includes changes directed at 01/17/07 LIWG meeting in Las Vegas, NV • 3.7:1 When Affiliated Personnel has been Activated or has otherwise been placed at the direction, control and funding of FEMA, such as, for example, during participation in FEMA sponsored training, the ultimate authority for command, control and coordination of the service of Affiliated Personnel reposes with FEMA exercised through the system chain of command. Subject to the principle just stated, the following provisions of this Section 3.7 govern the responsibilities of the parties with respect to supervisory, disciplinary and other specified aspects of the engagement of Affiliated Personnel within the context of his/her participation on the Task Force 3.7.2 Nothing in this Agreement is intended to, nor does it, affect any employer - employee relationship between Affiliated Personnel and any other person who engages Affiliated Personnel's services as an employee for other purposes, and under no circumstances does Sponsoring Agency assume any obligation or liability with respect to any such employment. It is the sole responsibility of Affiliated Personnel to request and obtain approvals that such an employer may require in order for Affiliated Personnel to participate on the Task Force, 3.7.3 While participating in System activities conducted by the Task Force, Affiliated Personnel shall be subject to, observe and comply with at lawful orders and directions of the authorized representatives of Sponsoring Agency and the Task Force. Sponsoring Agency retains the right to suspend or exclude Affiliated Personnel from participation on the Task Force. 3.7.4 Sponsoring Agency shall exercise direct supervisory authority over Affiliated Personnel during Activations, deployments and other activities of the Task Force conducted by Sponsoring Agency, but for disciplinary purposes, that authority is limited to temporary suspension or permanent exclusion from participation. 3.8 Media and Information Policy. 3.8.1 Subject to applicable law, including FEMA regulations and directives, all photographs and video taken during a deployment will be kept under the control of Sponsoring Agency until use in intemal or extemal education programs or other dissemination is approved by FEMA. 3.8.2 All applicable federal, state, and local media policies will be strictly enforced and followed. 3.8.3 Subject to applicable rules and regulations, Sponsoring Agency will have sole responsibility for coordination of media coverage and liaison with media sources and representatives concerning activities of the Task Force. As appropriate, Sponsoring Agency will endeavor to expose Affiliated Personnel to favorable media coverage opportunities, and Affiliated Personnel consents to any such media coverage. 6 Final Draft of Proposed SA/AP MOA Template as of 01/22107; Includes changes directed al 01/ 17107 LwG meeting in Las Vegas, NV 3.9 Rules of Conduct. 3.9.1 Affiliated Personnel will abide by the rules of conduct established by the Sponsoring Agency. 3.9.2 The failure of Affiliated Personnel to abide by the rules of conduct may result in suspension or exclusion from the Task Force, 3.10 Preparedness Activities. 3.10.1 Sponsoring Agency shall conduct Task Force management, administration, training, equipment procurement and other preparedness activities required by FEMA, Affiliated Personnel shall cooperate with Sponsoring Agency and shall participate in the activities as necessary to achieve Task Force preparedness goals and objectives. 3.10.2 Participation may be required for specific training activities to be Conducted, respectively, by Sponsoring Agency and by Affiliated Personnel, including training, administration and reporting requirements. 3.10.3 As established by System directives but subject to the availability of federal funding, Sponsoring Agency shall procure and maintain required caches of equipment and supplies. The contents of these caches shall be utilized for deployments of the Task Force and, subject to federal rules and regulations, will be made available for training. activities of Sponsoring Agency and Affiliated Personnel. Cache equipment and supplies shall be used only for authorized purposes and Affiliated Personnel shall exercise reasonable care to protect and preserve the property against loss or damage. Affiliated Personnel is financially _accountable for any Task Force property that is lost or damaged due to his/her negligence or unauthorized use. 3.11 Notification Procedures and Other Communications, 3.11.1 Alerts and Activation. 3,11.1.1 Sponsoring Agency's commander/chief executive officer or his/her designee shall determine whether the Task Force is capable of and wit respond to Activation Orders, Affiliated Personnel shall keep Sponsoring Agency fully informed of pertinent information conceming his/her availability or other circumstances that would affect Affiliated Personnel's ability to serve in his/her designated position as an Activated member of the Task Force. If Affiliated Personnel expects to be unavailable for deployment with the Task Force for any reason for any period of time. Affiliated Personnel shall notify Sponsoring Agency of that circumstance so as to avoid possible interference with Task Force's • condition of readiness to perform its System mission. 7 Final Draft of Proposed SWAP MOA Template as of 01/22107; Includes changes directed at D1/17/07 [AG meeting in Las Vegas, NV 3.11,1.2 Affiliated Personnel shall maintain at all times a "Point of Notification" for receipt of notices from Sponsoring Agency concerning possible deployments of the Task Force. The Point of Notification shall include 24-hour telephonic and electronic capabilities. Information .conceming the Affiliated Personnel Point of Notification shall be set forth in Appendix C. 3.11.1.3 Upon receipt of Alert or Activation Orders, Sponsoring Agency shall give prompt telephonic or electronic notice to Affiliated Personnel's Point of Notification. 3.11.2 Mobilization. 3.11.2,1 If mobilized, Affiliated Personnel will respond to th.e designated assembly point within two hours of notification with all required personal clothing and equipment and required documentation. 3,11.2.2 Affiliated Personnetwill be subject to a pre -deployment medical screening and will not be deployed if he/she fails the screening. 3.11.2,3 Sponsoring Agency retains the sole right to determine which Affiliated Personnel will respond with the Task Force when Activated. 3.12 Critical Incident Stress Syndrome ("CISS") and Management. 3,12.1 Sponsoring Agency will have primary responsibility to provide CISS, training, intervention and support, before, during and after activation. 3.12.2 Costs incurred for unauthorized CISS activities are not eligible for reimbursement. 4, GENERAL PROVISIONS 4.1 Effective Date. This Agreement shall be effective on date and when it has been duly and regularly authorized and executed by both parties. 4.2 Authority. As more specifically indicated above and below, this Agreement is made (a) pursuant to the provisions of the Interim Final Rule or the Final Rule; and (b) under the authority of Florida law, in furtherance of the purposes of the National Urban Search and Rescue Response System, 4.3 Contents of the Agreement. Upon its execution, the Agreement consists of this Agreement, along with the following Appendices and other attachments, if any: 4.3.1 Appendix "A" - The currently effective Memorandum of Agreement between FEMA, the State of Florida, and Sponsoring Agency, by which City Of 8 Final Draft of Proposed SA/AP MOA Template as of 01/22/37; Includes changes directed at 01 /17107 LIWG meeting in Les Vegas, NV Miami Fire Rescue is appointed as and has agreed to serve as Sponsoring Agency for the Task Force. 4.3.2 Appendix "B" - The federal regulations published on February 24, 2005 in the Federal Register as the Interim Final Rule at Vol. 7D, No. 36, pages 9182- 9203, 4.3.3 Appendix "C" — Affiliated Personnel Point of Notification 4.4 Amendments and Termination. 4.4.1 Except as otherwise expressly provided, this Agreement may be modified or amended only by another written agreement approved and executed by both parties, and all such amendments will be attached to this Agreement. 4.4.2 Term and Termination. The Agreement shall continue in effect unless and until terminated as provided in this Agreement. The Agreement may be terminated by either party upon 30 days written 'notice, except that Affiliated Personnel may not terminate this Agreement without the written consent of Sponsoring Agency during any time interval when the Task Force has been placed on Alert status or has been Activated if Affiliated Personnel's participation is essential to the Task Force's ability to carry out its Response mission. 4.5 Miscellaneous Provisions. 4.5.1 The obligations of the Affiliated Personnel set forth in this Agreement are non -delegable and may not be assigned to or assumed by any other person without the prior written consent of Sponsoring Agency. 4.5.2 Except and to the extent federal law controls, this Agreement shall be construed and enforced, as between the parties, according to the laws of the State of Florida. 4.5.3 No parry shall engage in any conduct or activity in the performance of this Agreement or participation in the System that constitutes a conflict of interest under applicable federal, state and local law, rules and regulations. 4.5.4 Each party shall at all times observe and comply with all applicable federal, state and local laws. 4.5.5 Except as provided otherwise with respect to emergency notifications, if it is necessary for the purposes of this Agreement for one of the named parties to give notice to the other named party, notice shall be in writing with the expenses of 9 • Final Draft of Proposed SA/AP MOA Template as of 01/22/07; Includes changes directed al01/17/07 MG meeting in Las Vegas, NV delivery or mailing fully prepaid and shall be delivered by personal service or a form of public or private mail service requiring proof of delivery. Notice is effective upon personal delivery, or by mail service, on the date of either actual receipt or five days after posting, whichever is first. Unless changed in writing in accordance with this Section, notice shall be served on the party at the address shown in Sections 1.1 and 1,2 of this Agreement. 4.5.6 Titles and section headings are for convenience only and are not a part of the parties' Agreement. 4.5.7 Should any provision of this Agreement be determined to be invalid or unenforceable under applicable law, the provision shall, to the extent required, be severed from the remainder of the Agreement which shall continue in full force and effect. 4,5.8 This Agreement and its provisions are binding upon and inure to the benefit of the parties and to their respective successors in interest, provided, however, this Agreement does not and will not bestow any rights or remedies upon persons to whom an unlawful delegation or assignment has been made by Affiliated Personnel. 4.5.9 This Agreement is made for the sole and exclusive benefit of the named parties and their lawful successors in interest, and no other person or entity is intended to, nor shall such other person or entity acquire or be entitled to receive any rights or benefits as a third -party beneficiary of this Agreement. 4.5.10 Each person executing this Agreement represents that: he/she was and is lawfully authorized to sign the Agreement on behalf of the party he/she represents; if applicable, execution of the Agreement was duly and regularly authorized by the party's goveming body; and, to the person's best knowledge and belief the Agreement is a binding and enforceable obligation of the party on whose behalf he/she executed his/her signature. 4.5.11 Each party represents to the other: that the party has fully read and understood all of the provisions of this Agreement including the Appendices and other attachments, if any; that the party has secured and considered such legal advice and other expert counsel as the party deemed necessary and advisable for these purposes; and, that in agreeing to execute and become a signatory to this Agreement the party has deemed itself adequately informed and advised as to all of the risks assumed and obligations undertaken pursuant to this Agreement. 4.5.12 This Agreement, including the Appendices and attachments, if any, constitutes the entire agreement between the parties and it supersedes any prior agreements on this matter, 10 Final Draft of Proposed SkFPA 100A. Template as of 0122/07; Includes changes directed et 01/17/07 LIWG Meeting in Las Vegas, NV 5. EXECUTION This Agreement was executed by the parties on the dates shown below. ATTEST: The City of Miami, a municipal Corporation of the State of Florida Priscilla A. Thompson, City Clerk Johnny Martinez, City Manager Date: APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie 0. Bru Calvin Ellis, Li rector City Attomey Department of Risk Management Maurice L. Kemp, Chief Department of Fire -Rescue Captain Joseph Zahraiban Executive Assistant to the Fire Chief Program Manager 1 Final Draft of Proposed SA/PA MOA Template as of 01/22/07; Includes changes directed at 01/ 17/07 LING Meeting in Las Vegas, NV ATTEST: Participating Agency Name: Name: 2 By: Title: By: Title: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney Thursday, February 24, 2005 Part III Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 208 National Urban Search and Rescue Response System; Maximum Pay Rate Table, National Urban Search and Rescue Response System (US&R); Interim Final Rule and Notice 9182 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 208 PIN 1660—AA07 (formerly RIN 3D67—AC93) National Urban Search and Rescue Response System AGENCY: Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate (EP&R), Department of Homeland Security (DHS). ACTION: Interim rule with request for comments, SUMMARY: This interim rule standardizes the financing, administration and operation of the National Urban Search and Rescue Response System, a cooperative effort of the Department of Homeland Security, participating State emergency management agencies and local public safety agencies across the country. This rule addresses the relationship between Sponsoring Agencies 1 of Urban Search & Rescue (DHS). The National Urban Search and (US&R) Task Forces and DHS and also Rescue Response System is now a funding for preparedness and response program in FEMA under the EP&R activities, including the acquisition of Directorate. equipment and supplies and training. This preamble and Interim Rule Concurrently we 2 are publishing as a reflect certain decisions made regarding Notice in this issue of the Federal comments that FEMA received on the Register a Maximum Pay Rate Table on Proposed Rule, and changes resulting which we also request comments. from FEMA's integration into the DATES: This interim rule is effective Department of Homeland Security. The February 24, 2005. We invite comments process for creating and updating the on this interim rule and the Maximum Maximum Pay Rate Table (Table), Pay Rate Table published separately which establishes the maximum rates today as a Notice in this issue of the that DHS will pay for certain medical, Federal Register. We will accept engineering, canine handling end comments on both until April 11, 2005. backfiil services, is described in ADDRESSES: Mail: When submitting fi 208.12. The Maximum Pay Rate Table, comments by mail, please send the which was mentioned but not published comments to the Rules Docket Clerk, in the Proposed Rule, is incorporated in Office of the General Counsel, Federal the Interim Rule, and published Emergency Management Agency, 50D C concurrently with this Interim Rule as a Street, SW., room 840, Washington, DC Notice. Because the Maximum Pay Rate 20472. To ensure proper handling, Table was not published previously and please reference RLN 1660—AA07 and will become a part of the National Docket No. DHS-2004-0010 on your Urban Search and Rescue Response correspondence. This mailing address System final rule, we are asking for may also be used for submitting public comment both on the Table and comments on paper, disk, or CD-ROM, the Interim Rule, Hand Delivery/Courier: The address Section 303 of the Robert T. Stafford for submitting comments by hand Disaster Relief and Emergency delivery or courier is the same as that Assistance Act (Stafford Act), 42 U.S.C. for submitting comments by mail. 5144, authorizes the President of the P• d Viewing Comments: Von may view February 28, 2003, theesi ent comments and background material et: amended E.O. 12148 to transfer the http://v.'ww.epa.gov/feddocket or http:// FEMA Director's delegated authority to www.regulations.gov. You may also the Secretary of Homeland Security, and inspect comments in person at the under Homeland Security Delegation Office of the General Counsel, Federal No. 9100, delegated the Secretary's Emergency Management Agency, 500 C authority under Title V of the Homeland Street, SW, room 840, Washington, DC Security Act of 2002, which includes 20472, the Stafford Act, to the Under Secretary FOR FURTHER INFORMATION CONTACT: for Emergency Preparedness and Michael Tamillow, Federal Emergency Response (EP&R). Management Agency, Emergency Section 306(a) of the Stafford Act Preparedness and Response Directorate, authorizes the President (as delegated to Department of Homeland Security, 500 the Under Secretary far EP&R) to accept .0 Street, SW., room 326, Washington, and use the services or facilities of any DC 20472, (202) 546-2549, or (e-mail) State or local government, or of any mike.tamillow@dhs.gov. agency, officer or employee thereof, with the consent of such government, in the performance of his responsibilities under the Stafford Act. Section 306(b) of the Stafford Act authorizes the President to appoint and fix the compensation of temporary personnel without regard to U.S. Code provisions governing appointments in the competitive service, Section 403(a)(3)(B) of the Stafford Act provides further that the President may authorize Federal agencies to perform work on public or private lands essential to save lives and protect property, including search and rescue and emergency medical care, and other essential needs. Under section 621(c) of the Stafford Act, the Secretary may accept and use the services of State or local governments, and use voluntary services by individuals or organizations as needed. FEMA established the National Urban Search & Rescue Response System (System or US&R) under the authorities cited. The System provides specialized lifesaving assistance during major disasters or emergencies that the President declares under the Stafford Act. US&R operational activities include locating, extricating and providing on - site medical treatment to victims trapped in collapsed structures, victims of weapons of mass destruction events, and when assigned, performing incident command or other operational activities, Created in consultation with State •emergency management agencies and local public safety agencies, the System is built around a core of Sponsoring Agencies prepared to deploy US&R Task Forces 3 immediately and initiate US&R operations at DHS's direction. Members of the Task Forces, also referred to as "System Members," may respond as SUPPLEMENTARY INFORMATION: Sponsoring Agencies are State or local government agencies that hove signed Memoranda of Agreement with DHS to organize and manage US&R Task Forces. .. ',Throughout the preamble to this rule the terms "we" end "our" refer to and moan the Department of Homelmd Security. "You" refers to the reader. Background The Federal Emergency Management Agency (FElvfA) published a proposed rule, National Urban Search and Rescue Response System, on December 18, 2002, 67 FR 77627-77640 (Proposed Rule). On March 1, 2003, FEMA became a part of the Emergency Preparedness and Response Directorate (EP&R), Department of Homeland Security United States to form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. The President delegated this function to the Director of the FEMA under Executive Order (E.O.) 12148. Under E.O. 13286 of The US&R System comprises 2a Task Forces in 19 States. A full Task Force consists of 70 System Mem'oers, three deep (designed for 210 members) specially trained and equipped to Crud, extricate, and provide initial medical care to victims of collapsed buildings, weapons of mass destruction, as well es to perform other assigned duties. Federal Register/Vol. 70, No. 36/Thursday, February 24, 20051Rules and Regulations 9183 par of Joint Management Teams ()MT) 4 or other overhead or technical teams, or as individual resources. The Task Forces are staffed primarily by local fire department and emergency services personnel specially trained and experienced in collapsed structure search and rescue operations, incident management, and other emergency operational activities. On activation by DHS, members of the US&R Task Forces, US&R System Members of joint Management Teams, and other overhead or technical teams, operate as Temporary Excepted Federal Volunteers., The National TJrban Search and Rescue Response System presently comprises 28 US&R Task Forces in 19 States. Typically, a State agency or local public safety agency (Sponsoring Agency) sponsors each of the Task Forces. While the Sponsoring Agencies are solely responsible for the administrative management of their respective Task Forces, many Sponsoring Agencies invite other public safety agencies and other entities in their vicinity to contribute personnel and other resources to tee Task Force. These public safety agencies and other entities that enter into agreements with the Sponsoring Agency to contribute personnel and other resources are Participating Agencies. In certain cases, individuals who are not employed by a Sponsoring Agency or Participating Agency6 become members of a Task Force as Affiliated Personnel.? DHS provides financial support in the form of grants or Cooperative . Agreements a (Grants) to each of the "A Joint Management Teem is a multi- disciplinary group of National Disaster Medical System (NDMS), Urban Search and Rest -no (US&R) and other specialists combined le provide operational, planning, logistics, finance and administrative support for US&Ft and NDMS resources; and to provide technical advice and assistance to State and local governments. 5 The term "Temporary Excepted Federal Volunteer" means that a System member's status is temporary for the period of Federal activation, excepted from Civil Service rules regarding Federal employment, Federal for purposes of tort claim protection end Federal "workers' compensation", and a volunteer in that DHS dons not pay the individual directly, but reimburses the Sponsoring Agency for the System Member', eerviees. ° A Participating Agency is n State or Local Government, non-profit organization, or private organization that has executed an agreement with a Sponsoring Agency to participate in the National US&R Response System. r Affiliated Personnel are individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency es volunteers. °Cooperative Agreomonts are similar to grants,' but differ from grants In the amount of government cooperation and involvement In the implementation of the agreement. Sponsoring Agencies under the disaster preparedness and training authorities of the Stafford Act The Sponsoring Agencies use these Grants to train Task Force personnel, maintain a state of readiness and to acquire necessary equipment and supplies. DHS awards and administers Grants under 44 CFR 13. In return for this financial support, each Task Force must be available for deployment as a Federal resource when DHS activates it., Task Forces also must maintain minimum training requirements that DHS prescribes.10 Separate non -standardized memoranda of agreement (MCA), which were individually negotiated at different stages in the System's development, currently govern the relationship between DHS and each of the Sponsoring Agencies. In addition, we require the Sponsoring Agencies to enter into separate Cooperative Agreements on forms that our Office of Financial Management prescribes. As the System has matured, the participants have concluded that it is desirable to standardize these relationships through a set of comprehensive regulations. We developed the Interim Rule with the assistance of the National Urban Search and Rescue Advisory Committee and its Legal Issues Worldng Group. Adoption of the Interim Rule enables DHS to standardize our agreements with the Sponsoring Agencies. Following adoption of the final rule, we will ask each of the Sponsoring Agencies to enter into a new, streamlined MCA as well as a Preparedness Cooperative Agreement,11 as described in subpart B ° The Task Forces also respond to disasters and emergencies in their home states as State resources. DHS does not normally and directly reimburse Sponsoring Agencies of the Task Forces for the costs that Task Forces incur when deploying in their home states, although in a State deployment, Task Forces may use equipment that they have purchased with DHS grant funds end Federal property that is in their custody. Subpart C of this rule does not cover in -state deployment of US&R resources. However, Federal reimbursement for the cost of an in -stele deployment may be available through DHS's Public Assistance Program under regulations published at 44 CFR part 206. In addition, the Office of Foreign Disaster Assistance of the U.S. Agency for International Development (USAID) often uses the services of certain Task Forces to deliver humanitarian assistance abroad under agreements to which DHS is not n party. The rule does not affect the relationships between USAID wet rho Sponsoring Agencies of the Task Forces. t0ln addition to participation on Task Forces, participants in the System (referred to as System Members) may also be called unar. to serve as members of Joint Management Teams or other overhead or technical teams. "DHS enters into a Preparedness Cooperative Agreement with each Sponsoring Agency to provide Federal funding to develop and maintain System • resource (personnel, equipment end supplies) of the rule, and a Response Cooperative Agreement,°° as described in subpart C of this rule. These new, standardized agreements will document our relationship with the Sponsoring Agencies.13 Upon the effective date of the Interim Rule, if a conflict exists between a provision of the rule and an existing MOA, the provision of the rule will control. References in the Preamble to Parts, Subparts or Sections Throughout the preamble and rule, references to part, subpart, or sections (as "section" or "§ ") are to parts, subparts or sections of this rule unless specifically cited as a section of an Act, e.g., section 306 of the Stafford Act, or document other than this rule. Organization of the Interim Rule The Interim Rule is divided into four subparts. Subpart A addresses the organization of the National US&R Response System, explains the . relationship among the various components of the system, incorporates certain provisions of other regulations and provides for sanctions iffUS&R reFilations and directives are violated. Subpart B describes the process through which we provide grant fends to the Sponsoring Agencies to maintain Task Force readiness. Sponsoring Agencies use these grant funds to administer the Task Forces, provide initial and recurrent trairing,14 and acquire and maintain a uniform cache of equipment and supplies. Following adoption of the final rile, we will ask each Sponsoring Agency to enter into a Preparedness Cooperative Agreement with us. In addition, from time to time, DHS will purchase and distribute equipment and supplies directly to each Task Force, capabilities and readiness for operations, including training. "z When DHS activates a Task Force it provides Federal funding For the Task Force's response under the terms of the Response Cooperative Agreement. Following adoption of the final Wile, DHS expects to develop a National US&R Response System Directive Manual, which will contain system policies and explain other Federal regulations, and will govom the operation of the National US&R Response System. The Directive Manual will be updated periodically us needed. "Sections 306(a) and 621(c) of the Stafford Act, 42 U.S.C. 5149(a), 5197(c), authorize DHS to federalize members of US5,R Task Forman to participate in preparedness activities. We periodically federalize U5&R teams to participate in DHS-sanctioned training exercises, also known as mobilization exorcises. During these periods, they are not "Activated" within the meaning of § 209.2 of the rule and, therefore, the previsions of subpart C do not apply to DHS-sanctioned training exercises. Funding for participation in DHS- sanctioned paining axe...ises may be evailable under § 208.24(b) of the rule. 9184 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations Subpart C addresses the deployment of System Members, either as part of a Task Force, a Joint Management Team, or another overhead or technical team, as a Federal resource, and $re reimbursement of the Sponsoring Agencies for the costs that they incur a a result of these deployments. This subpart also explains the Response Cooperative Agreement that we will as each Sponsoring Agency to sign following adoption of the final rule. Subpart D establishes the procedures by which Sponsoring Agencies may present claims to DHS for reimbursement of costs incurred when we use System Members as Federal resources, including the timeframes in which the Sponsoring Agencies must present such claims, and procedures for appeals, in writing and submitted within 60 days after receipt of written notice of DES's determination of the initial appeal. The timeframes and procedures for appeals are set out in § 208.62, Appeals. A glossary of defined terms that we use throughout the Interim Rule and in subpart A appears in § 208.2. A sub - glossary of defined terms used 208.32 (subpart C) appears in that subpart, Sectional Analysis Section 208.33 sets forth the principles under which we will reimburse Sponsoring Agencies for participating in Alerts i5 and Activations.aa Subsection (a) expresses our policy that participation in Alerts and Activations be as cost neutral as possible to Sponsoring Agencies and Participating Agencies. This commitment is critical to avoid putting local fire departments, which are the predominant sponsors of the Task Forces, at risk for the cost of providing emergency services outside of their respective jurisdictions. Payments are subject to 44 CFR part 13, particularly §§ 13.21 (payment) and 13.22 (allowable cost). 44 CFR 13.22 incorporates various Office of Management and Budget (Oh(03) circulars that address allowable cost. However, if there is a conflict between this rule and 44 CFR part 13 or the OMB Circulars, this rule controls. s Section 208.39 explains how we will s compensate Sponsoring Agencies for personnel costs during Activations. When we deploy System Members, 1 Alert means the status of a System resource's readiness when triggered by an Alert Ordor indicating that DHS may Activate the System resource. Activation means the status of a System resource placed at the direction, control and funding of Df3S in response to, or in anticipation• of, a presidential declaration of a mujor disaster or emergency under the Stafford Act. either as part of a Task Force, or as part of a Joint Management Team or other . overhead or technical team, we appoin them into Federal service as Excepted Temporary Federal Volunteers and the work under our direction and control s for the duration of the deployment. However, System Members who are regularly employed by a Sponsoring k Agency or Participating Agency retain their concurrent employment relationship with their usual employers.rr The maintenance of this concurrent employment relationship is a fundamental principle of the National IIS&R Response System, and dates from the inception of the System. We adopted the principle after consultations with the States, local governments and public safety employee organizations and we intend it to prevent System Members from suffering a break in their service to the usual employer while away on the Federal deployment. While on a Federal deployment, these System Members receive pay and benefits from their usual employers during the Federal deployment just as they would if they were not Activated. Section 208.39(a) of this part provides that we will reimburse the Sponsoring Agency for personnel costs that result from the Activation and are consistent with this rule. The Sponsoring Agency is responsible for reimbursing the personnel costs of its Participating Agencies under the provisions of § 208.39. Section 208,39(b) of this part speaks to how we compensate Sponsoring Agencies for overtime costs that might not have been incurred but for the Federal deployment. Section 7(k) of the Fair Labor Standards Act (section 7(k)) exempts public safety organizations from paying their employees overtime under certain circumstances. As interpreted by Department of Labor regulations and court decisions, the section 7(k) exemption does not apply unless the employee in question is frained in fire protection, has the legal authority and responsibility to engage in fire suppression, is employed by a public safety agency engaged in fire uppression and actually engages in fire uppression at least 80 percent of the time, After reviewing Department of Labor regulations relating to section 7(k) and relevant court decisions, we are uncertain whether the rescue activities "In some cases, the relationship between the individual and the Sponsoring Agency or Participating Agency is a contractual relationship or o volunteer relationship. These regulations do not create a common law employment relationship ' between an individual and a Sponsoring Agency or Participating Agency whore none otherwise exists. undertaken by Sponsoring Agencies of the US&R Task Forces are analogous to t fire suppression. We also note that some System Members will not fall within the y section 7(k) exemption because they are not regularly employed in fire suppression. It would be unfair to compensate these individuals at one overtime rate, when fellow System Members, who may be volunteers or part-time fire service employees, are compensated at another overtime rate. For these reasons, DHS instructs the Sponsoring Agencies to disregard the section 7(k) exemption when calculating its reimbursement for personnel costs, and reimburses Sponsoring Agencies for regular wages and overtime wages as described in § 208,39(d), (e) and (f).18 This instruction will not create a windfall for Sponsoring Agencies and Participating Agencies because they cannot charge DHS for personnel costs in excess of those that they actually and normally incur. Section 208.39(c) of this part establishes a uniform 24-hour tour of duty during the Federal deployment. DHS will reimburse the Sponsoring Agencies for 24 hours of pay for each day that a System Member is deployed, from his or her arrival at the Point of Assembly ca until his or her release from duty, which may be the airport or Air Force Base to which the Task Force returns, or at the Task Force's original Point of Assembly,2° or some other point. This reimbursement procedure is "mown as "portal to portal" pay. We are not establishing a different rate of reimbursement for meal periods or scheduled sleep periods. Once deployed, all System Members must be available for immediate response twenty-four hours a day during the entire deployment period. Meal periods and sleep periods will be interrupted if System Members are needed to engage in vital lifesaving activities, just as they are in the firehouse.. Search and rescue professionals whom we expect to respond on a moment's notice at any time during a 24-hour period should be compensated for 24 hours of work. Activated System Members often work the first 24 to 48 hours of the Activation continuously, as "Section 208,40(b) addresses reimbursement for various differentials paid by Sponsoring Agencies. "Certain activated System Members will not report to a Point of Assembly, but rather will be instructed to travel to the incident location directly from their home or regular place of work These individuals are Activated when they leave their home or regular place of business and we will adjust the "portal to portal" pay of those individuals accordingly. oo The Point of Assembly is the location where a Task Force ussembles before departure in response in sa activation order. Federal Register / Vol, 70, No. 36 / Thursday, February 24, 2005/Rules and Regulations 9185 this initial period involves packaging Management Teams and other overhea the Task Force for transport, loading or technical teams. As a result, the ter and unloading -equipment, attending • • "System Member" is a more accurate briefings, receiving and adjusting to and comprehensive term to describe changes in operational objectives, individuals who participate in System establishing the base of operations and activities, and the term "Task Force initiating the search for live victims. Member" is best used to describe a Once the search begins, we control Task System Member who is Activated as Force activities during the entire 24- part of a Task Force. We have corrected hour period and Task Forces must be the usage of these terms in the available for immediate response at any . SUPPLEMENTARY INFORMATION to the time. Interim Rule, Section 208.39(g) provides for the In certain parts of the SUPPLEMENTARY INFORMATION to the Proposed Rule, we also used the term "US&R Task Force," rather than "Sponsoring Agency," to denote the agency or entity with which DHS has entered into legal and financial agreements with respect to the US&R some of their personnel are away on a Task Forces. We have corrected the Federal deployment. If a public safety usage of these terms in the agency ordinarily Backfills a position in SUPPLEMENTARY INFORMATION to the situations where a regular employee is Interim Rule. unavailable for a period of time similar Finally, in the SUPPLEMENTARY to that spent on a US&R deployment INFORMATION to the Proposed Rule, we [e.g„ Family and Medical Leave, . described the reimbursable period participation in an extended mutual aid during an Activation as ending when a assignment, injury or disability), then System Member returns to the pre - the public safety agency may bill DHS deployment staging area. This for the cost of Backflling the position description conflicts both with standard reimbursement of Backfill =1 expenses. The National US&R Response System depends upon the voluntary participation of public safety agencies. We recognize that these public safety agencies may be short-handed when for the period that the regular employee is away on a Federal deployment. However, we will only reimburse for the incremental overtime salary and benefit expenses associated wide the replacement employee. We will not reimburse the Backfilling agency for the regular salary and overtime cost of the replacement employee because the public safety agency would have to pay this cast if the Federal deployment had not occurred. Public Comments on the Proposed Rule During the comment period on the Proposed Rule, which closed on February 3, 2003, we received a number of comments. We summarize the comments and our response to them in the materials that follow. Usage of Terms in the SUPPLEMENTARY INFORMATION. We received comments concerning the use of the terms "Task Force Member" and "System Member" in the SUPPLEMENTARY INFORMATION to the Proposed Rule, In the SUPPLEMENTARY INFORMATION to the Proposed Rule, we used the term "Task Force Member" to denote individuals who respond as part of the National USSR Response System. However, ° while most participants in the System a respond as part of a US&R Task Force, participants in the System may also be called upon to serve on Joint c BocWill means tho personnel practice of th tompororJly replacing a parson is his or her usual position with another person. to terminology and the reality of System deployments. A more accurate description of the duration of the reimbursable period during an Activation is set forth in the Interim Rule. EL'gibility for Rembursement and Coverage Under Federal Statutes While Traveling to and from the Point of Assembly. One Task Force commented cm the time period that we propose to pay System Members, namely from arrival at the Point of Assembly until his or her release from duty, which may be the airport or Air Force Base to which the Task Force returns, or at the Task Force's original Point of Assembly, or some other point. Noting that some of its members live 2 or more hours away from the Point of Assembly, the Sponsoring Agency reimburses members from the time that they are alerted to the time that they return home (including travel mileage). Response: This question has two aspects: (1) Reimbursement for time spent traveling to and from the Point of Assembly, and reimbursement for travel mileage while traveling to and from the Point of Assembly; and (2) onsideration of time spent traveling to nd from the Point of Assembly as "in the course of employment" for the urposes of workers' compensation (for njuries sustained) and tort liability (for ivil wrongs or harms caused) during at travel. - o Reimbursement:This issue is related p the Fair Labor Standards Act (FLSA), r d which establishes a minimum hourly m wage for employees and requires employers to pay overtime wages for hours worked above the statutory maximum. It is also related to the Portal -to -Portal Act of 1947, which requires that time spent "walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which such employee is employed to perform' is not compensable time under the FLSA unless it is compensable by contract, custom, or practice. The general Federal rule regarding travel mileage is: commuting to and from work, that is, between permanent residence and permanent duty station, is a personal expense. The employee is expected to be at work; how the employee chooses to get there is entirel his or her own business. 27 amp. Gen. 1 (1047). There are exceptions to the general rule if the travel is not ordinary and is spent outside the workday to and from job assignments. Examples include substantial travel to an emergency job assignment at a location outside the normal workplace, or the employer requires the employee to be "on call" to respond to emergency job assignments. A corollary- of the "substantial travel" exception is that the travel is noncompensable if the amount of time spent traveling is minimal. On reconsiceration of our position, we will reimburse certain travel costs and time spent traveling to the Point of Assembly when a System Member responds to an Activation and must travel a considerable distance or time, as determined by DHS on a case by case basis, to reach the Point of Assembly. Otherwise, we will follow the general rule regarding noncompensable travel, including minimal travel. When we activate a Task Force or other System resource, timely assembly of the System Members is critical, and under those circumstances warrants our exception to the general rule, This exception will apply only to Activations, and will not apply, for instance, to Alerts, to travel home after return to the Point of Assembly, or to travel required for training, which we consider to be ordinary noncompensable travel, In the Course of Employment: Ordinary travel to and from a fixed workplace is generally not within the scope of employment for workers' compensation purposes, under the 'going and coming'rule. Under the rule, employees with a fixed workplace are covered by workers' compensation my when they are on their employer's remises, or performing an assignment equired by the employer. One of the y 9186 Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations exceptions to the general rule of going and corning is travel to and from job assignments, where the employer compensates the employee for the time or expense of the travel. Consistent wi that exception and our intent to reimburse travel costs and time spent traveling to the Point of Assembly in response to an Activation, on a case -by case basis we will meet our obligations regarding workers' compensation claim that arise out of injuries that System Members incur while traveling to a Point of Assembly in response to an Activation, but for no other purpose. Definitions. We received several comments on the definitions in § 208.2, and made the following changes: We changed the term "Memorandum of Understanding" to "Memorandum of Agreement." The definition for "Equipment Cache List" now reads: "The DHS-issued list that defines: "(1) The equipment and supplies that US&R will furnish to Sponsoring Agencies; and "(2) the maximum quantities and types of equipment and supplies that a Sponsoring Agency may purchase and maintain with FEMIA funds." The definition for "Participating Agency" reads: "A State or Local Government, non-profit organization, or private organization that has executed an agreement with the Sponsoring Agency to participate in the National US&R Response System," One Task Force expressed concern regarding the definitions of "Program Manager," "Program Office," and "Project Manager." We have decided to retain the definitions of "Program Manager" and "Program Office" as they are. Currently, the -Program Manager is the Chief of the US&R Section, which is part of the Response Division of FEMA, under the Emergency Preparedness and Response Directorate of DHS, and the Program Office is the US&R Section. However, these entities may change as the organizational structure of DHS evolves. We will notify the Sponsoring Agencies if we designate a different Program Manager or Program Office. We have deleted the definition of "Project Manager" from the definitions set forth in § 208.22, since that terms appears e nowhere else in the Interim Rule. We have added the following u definition: "Program Directive means C guidance and direction for action to p ensure consistency and standardization a across the National USSrR Response A System." This replaces the term p "System Order" in the proposed rule with "Program Directive" in the interim 0 rule, One commenter recommended that DHS include a definition of "Affiliated Member." The equivalent term is defined at § 208.32 as "Affiliated th Personnel." Section 208.6, System Resource Reports. One commenter noted that Sponsoring Agency, Participating Agencies and System Members are tc cooperate fully in audits, investigations s studies and evaluation, and asked, "wh pays for salary cost associated with gathering and processing the information?" DHS provides funding for program management in the Preparedness Cooperative Agreement to support administrative activities, including the salary costs for gathering and processi System resource reports. Workers' Compensation and Other Benefit Costs. Several Sponsoring Agencies commented that workers' compensation and other benefit costs incurred by Sponsoring Agencies as the result of an injury or death to a System Member are not reimbursable costs. As set forth in § 208.11 end explained in the Supplementary Information, DHS will appoint System Members into Federal service, concurrent with those individuals' local employment, to secure protection for such employees under the Federal Employees' Compensation Act and the Federal Tort Claims Act. Lf a System Member sustains an injury, that System Member may file a claim far compensation under the Federal Employees' Compensation Act. Because the System Member's Federal appointment is concurrent with his or her local employment, the System Member'may also be eligible for compensation under his or her local workers' compensation system. In that case, the System Member may collect either the incremental difference between Federal benefits and local benefits, or may collect local benefits in full, depending on whether the local benefits may be offset by the Federal payment to the System Member. As explained in § 208.40, DHS will reimburse the Sponsoring Agency for the workers' compensation insurance premium costs associated with the time during Activation, However, any local benefit payment is not a reimbursable xpense, because DHS (through the U.S. Department of Labor) provides coverage nder the Federal Employees ompensation Act, and because we are rohibited under our current statutory uthority from reimbursing Sponsoring genies for the costs of benefit eyments. Death or Disability in Line of Duty. t ne Participating Agency asked whether a System Member killed or i disabled while Activated would be entitled to benefits through the agency's municipal pension program, and whether the death or injury would be considered in the line of duty. We intend that System Members remain fully eligible for local benefits during Federal Activation, and that, as a result, any death or injury during Activation , should be considered to have occurred o while the System Member was acting in the scope of employment. Federal Death Benefits. One Sponsoring Agency asked how a "Federal death benefit," if incurred, would be calculated. The "Federal benefit" for System Members comprises two separate components: (1) fig A benefit payment under the Federal Employees Compensation Act; and (2) a payment under the Public Safety Officers' Benefit Act. The death and injury benefits available under each of those statutes are determined using formulas set forth in those statutes. Voluntary Contribution to Municipal Pension Plans. One Sponsoring Agency. asked whether contributions to a municipal pension plan made voluntarily by System Members during an Activation, rather than contributions made by the System Member's employer under the terms of a collective bargaining agreement or other arrangement, are reimbursable by DHS. Voluntary employee contributions, as opposed to mandatory employer contributions, are not reimbursable expenses. Contributions to the Pension Plan Based on Overtime. One Sponsoring Agency commented that under its benefits plan, salary is defined as the total actual fixed cash compensation, including overtime, and contributions to its pension plan are based on this total salary, including overtime. The Sponsoring Agency asked whether contributions to the pension plan based on overtime pay received during Activation reimbursable under this rule. Under § 208.40(a)(2), these contributions are reimbursable. Cost Sharing. One Task Force commented that § 2D8.23(f) refers to "Cost Sharing" but makes no distinction between "hard share," i.e., cash contributions, and "soft share," Ls., other value-added benefits provided by the Sponsoring Agency. We do not presently require Sponsoring Agencies to provide a cost share, either hard or soft, for preparedness or response funding. Please note that section 208.22(f) provides for cost sharing if it were required in the future. If we were o institute a cost -sharing requirement in the future, we would clearly indicate n the Cooperative Agreement whether Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations 9187 such cost share would be "hard" or "soft." Equipment Ownership. Several Sponsoring Agencies commented that the Proposed Rule does not address ownership or disposition of equipmen purchased under this program. OMB Circulars A-87 and A-110 specify that equipment purchased with Federal Grant funds is the property of the grantee. However, title, use, management and disposition of equipment purchased under a grant or Cooperative Agreement is set out in 44 CFR 13.32, a government -wide rule to which DHS adheres. While the Sponsoring Agency has title to any equipment purchased with Federal' preparedness and response Cooperative Agreement funds, DHS reserves the right to transfer title to the Federal Government or a third party that we may name, under 44 CFR 13.32(g). DHS would generally expect to limit its exercise of this right to instances when a Sponsoring Agency indicates or demonstrates that the Sponsoring Agency cannot fulfill its obligations under the Memorandum of Agreement. Maximum Pay Rate Table. We received the most number of comments concerning the Maximum Pay Rate Table (Table) identified in the Proposed Rule. For clarity, we set forth here the applicability of the Table and the process we will follow for creating and updating the Table. Section 208.32 defines the "Maximum Pay Rate Table" as "the DHS-issued table that identifies the maximum pay rates for selected System positions that may be used for reimbursement of Affiliated Personnel compensation and' Backfill for Activated System Members employed by or otherwise associated with a for -profit Participating Agency." In that same section, "Affiliated Personnel" are defined as "individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers." One Sponsoring Agency commented that the Table seemed to contradict the principle of cost neutrality set forth prominently in the Proposed Rule. However, as defined, the Table applies only to those individuals who are not normally employed by a Sponsoring Agency or Participating Agency, or whose affiliation with a Sponsoring Agency or Participating Agency is as a volunteer; that is, an individual whom the Sponsoring Agency or Participating Agency does not normally compensate in any way, at any rate. The Table sets forth maximum rates for which we will reimburse the Sponsoring Agency for compensation paid to those individuals while Activated, The Sponsoring Agency may choose to compensate these individuals at a higher rate, but we will not t reimburse the increment above the maximum rate specified in the Table. Likewise, the Sponsoring Agency may choose to enter into a Participating Agency agreement with the individual's employer, rather than use the individua as an Affiliated Personnel, in which case the Table would not apply. Consequently, only a Sponsoring Agency's choice to exceed the maximum rates set forth in the Maximum Pay Rate Table would result in an uncompensated expenditure, and the Table would not violate the principle of cost neutrality. A number of parties expressed concern that the Table was not provided concurrently with the publishing of the Proposed Rule, We chose not to delay the Proposed Rule until the Table could be developed. We have inserted a new section 208.12, Maximum Pay Rate Table, to establish the process for creating, updating and using the Table. We are also publishing the Table as a Notice in the Federal Register and are asking for comments on both the Interim Rule and the Table before publishing the final rule. One Sponsoring Agency expressed concern that the rates set forth in the Table could not be used with respect to individuals employed by the Sponsoring Agency, and not when the individual would serve on the Task Force as Affiliated Personnel (e.g., a Sponsoring Agency fire department dispatcher afFiliated with the US&R Task Force in a non -dispatcher role as a canine search specialist). Although the Table would not necessarily apply to reimbursement for salary and benefits for that individual, Sponsoring Agencies may use the rates in the Table as a guide for establishing compensation levels for Affiliated Personnel. Affiliated Personnel, Several commenters noted that the rule can be interpreted to preclude the reimbursement of Backfill expenses for Affiliated Personnel under § 208.39(g). Those commenters expressed concern that, since the highly -trained civilians such as physicians, structural engineers and canine handlers are typically Affiliated Personnel, reimbursement for Backfill expenses is important to securing the participation of these individuals in the System. The restriction on Backfill costs for Affiliated Personnel could limit the r ability of Sponsoring.Agencies to recruit and retain these highly trained civilians. r However, the only permissible way to reimburse Affiliated Personnel for Backfill costs is through Participating Agencies —neither we nor the Sponsoring Agencies have contractual or employment relationships with the individuals Backfilling the jobs of Affiliated Personnel. If reimbursement for Backfill expenses is a problem for Affiliated Personnel, we encourage them 1 to have their employers or professional association seek Participating Agency status. Participating Agency status is available to private, for -profit organizations under the revised definition of "Participating Agency" set forth in this Interim Rule. (See Definitions, § 208.2, Participating Agency, and §208.12, Maximum Pay Rate Table,) Note, however, that compensation costs, for the purposes of reimbursement and Backfill, refer to the System Member's actual compensation, or the compensation of the individual who Backfilis a position (which includes salary and benefits, as described in §§ 208.39 end 208.40), rather than billable or other rates that might be charged for services rendered to commercial clients or patients. Creating, Updating and Using the Maximum Pay Rate Table. We have inserted a new section 208.12 in this rule to establish how we will create, update and use the Table to reimburse Affiliated Personnel (Task Force Physicians, Task Force Engineers, and Canine Handlers) and Backfill for Activated System Members employed by or otherwise associated with a for - profit Participating Agency; the Table applies only to these named categories. Section 208.12 describes the method for determining maximum pay rates using United States Office of Personnel Management's (OPM) salary rates, and provides links to OPM's applicable salary rate tables and locality pay tables. • The section provides that DHS will review and update the Table periodically (at least annually). DHS is publishing the initial Table in the Federal Register as a Notice with request for comments. DHS will publish subsequent revisions to the Table as Notices in the Federal Register. The section further states that a Sponsoring Agency may choose to pay Affiliated Personnel at a higher rate, but DHS will not reimburse the increment above the maximum rate specified in the Table. Resupply and Logistics Costs During a Federal Activation. One Sponsoring Agency noted that, under § 208.38, we will not reimburse costs incurred for &supply and logistical support during Activation. That section states that esupply and logistical support needed 9183 Federal Register / Vol. 70, No. 35 / Thursday, February 24, 2005 / Rules and Regulations classified as Exempt System Members) participating as System Members. There are two guiding principles underlying our compensation calculation rules: (1) Cost neutrality; and (2) customary and usual practice. The compensation calculation system for Exempt System Members complies with both of these principles. If an individual is classified as en Exempt System Member in his or her regular position with the Sponsoring Agency or Participating Agency, then this individual will receive compensation on a daily basis, rather than an hourly basis, regardless of the number of hours the individual works in a day. The rule provides reimbursement to the • Sponsoring Agency or Participant Agency an this basis —that is, for the amount that the individual would have customarily and usually received. If the Sponsoring Agency or Participating Agency customarily and usually compensates Exempt System Members by paying a salary, and overtime, or customarily and usually awards compensatory time or another overtime substitute for hours worked above a predetermined threshold, then the Sponsoring Agency may request reimbursement for the overtime amount, or the liquidated value of the compensatory time or other overtime substitute, in accordance with §§ 208.39(e)(5)(ii) and (iii). In this way, this rule abides by the principle of cost neutrali y. One Sponsoring Agency asked that we the Fair Labor Standards Act. One examine the feasibility of giving agency commented that reimbursement Sponsoring Agencies he option of for Exempt System Members should be having chief officers appointed as based on the employees' salary, Disaster Assistance Employees (DAE) converted to a 40-hour workweek and (temporary DHS employees) during then paid at that rate on an hourly basis Activation. In that case, those officers would be temporary Federal employees, during Activation. Another agency commented that the different methods would probably take a reduction in pay, of compensation calculation for Exempt and would take vacs on or and non-exempt System Members will administrative leave from the result in non-exempt System Members Sponsoring Agency or Participating receiving a greater amount of Agency for the period of Activation. In compensation during Activation than turn, a DAE appointment might affect Exempt System Members, who are their pension and seniority rights. We typically more experienced firefighters believe that disadvantages of DAE aenefits holding higher ranks in the Sponsoring that chief officers mients ght t derive,h any and that Agency or Participating Agency. This the current language of this rule agency speculated that the method of to concerning Exempt System Members compensation calculation used in the Proposed Rule would result in fewer chief officers (who are typically during Activation are die responsibility of the Joint Management Team (JMT). The Sponsoring Agency asked, "What happens if the Incident Management Team [now the JMT) cannot be established?' During Activation, we are responsible for resupply and logistics. Currently, we accomplish this responsibility through either the JMT, which operates in the field, or the Emergency Support Function 9 (ESF-9),22 which operates from the National Emergency Operations Center, an emergency coordinating center located at FEMA headquarters. As DHS develops and evolves, we may change the names or functions of these teams; however, the responsibility for resupply and logistics will remain with us. Task Forces should not engage in resupply or logistical support during Activation unless coordinated through one of these teams. In extraordinary circumstances, e.g., if the Task Farce cannot make contact with either the JMT or the EST, the Task Force should follow the instructions in § 208.44, Reimbursement for other costs. Absent such circumstances, we will not reimburse costs incurred for resupply and logistical support during Activation. Compensation far Exempt System Members. Several agencies commented on the proposed reimbursement for compensation paid to Exempt System Members, i.e., System Members who are paid a salary, rather than an hourly wage, and are otherwise exempt from °$ESF-9, or Emergency Support Function 9, Urban Search and Rescue, is responsible to plan and coordinate the use of Urban Search and Rescue assets following an event that requires locating, extricating end providing immediate medical treatmontof victims trapped in collapsed structures. ESF-9 also provides planning and coordination of US&R assets when they engage in other disaster -related assignments. represents the best general practice. One Sponsoring Agency asked whether, under § 208.39(e)(3), chiefs compensated based on a 56-hour workweek should be converted to a 40- hour workweek for purposes of calculating reimbursable compensation under the rule. This Sponsoring Agency also noted that compensating individuals who customarily and , usually work a 56-hour workweek, by converting their hourly wage rate to a 4p-hour workweek, results in approximately 40 percent higher costs during Activation. Sponsoring Agencies and Participating Agencies that compensate employees based on a 56- hour workweek take advantage of the partial overtime exemption set forth in section 7(1:) of the Fair Labor Standards Act. As explained herein, we require that Sponsoring Agencies and Participating Agencies disregard the section 7(k) partial exemption in calculating personnel costs, and we will reimburse personnel costs based on a 40-hour work week, as described in § 208.39 of this rule. One Sponsoring Agency notes that the calculation of reimbursable personnel costs will place an extra burden on payroll staff, and there will most likely be personnel who will be eligible for overtime compensation immediately upon Activation since they have already exceeded the overtime threshold for that week. We have included an adrninisfrative allowance in the reimbursement for response costs, found at § 208.41, to compensate the Sponsoring Agency for this increased burden an payroll staff. We also provide for reimbursement of any additional salary and overtime costs in § 208,39(f), e.g., those incurred because a System Member is eligible for overtime compensation immediately upon Activation. Reimbursement for Personnel Costs for Equipment Cache Rehabilitation. Under § 208,43, we will reimburse Sponsoring Agencies for personnel costs associated with equipment cache rehabilitation up to the number of hours specified in the Demobilization Order.z3 One Sponsoring Agency stated that the number of hours specified in the Demobilization Order should be an estimate only, rather than a fixed limit,. and asked whether there is an appeal process for the number of hours specified in the Demobilization Order, or another mechanism for requesting additional hours based on unforeseen circumstances. There is no appeal process for the number of hours specified in the Demobilization Order. However, if the Sponsoring Agency feels that unforeseen circumstances will prevent it from completing its equipment cache rehabilitation within the specified number of hours, the Sponsoring Agency should follow the n A -Demobilization Order is n D}SS communication that terminates an Alert or Activation end identifies nest and time allowances for rehabilitation. Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations 9189 procedures in § 208.44 for can exceed Si million, an advance up to Agencies often do not submit claims for reimbursement of other costs. 75 percent of that amount still leaves reimbursement in a timely manner. This Reimbursement for Other Costs. the Sponsoring Agency with tendency interferes with our ability Section 2138.44 sets a procedure for approximately $250,000 in outlays for administratively to "close out" the Sponsoring Agencies to follow if the personnel costs for which it must wait accounts we set up for each major Sponsoring Agency or the Task Force for up to 120 days or more for disaster or emergency, and also results believes that it must incur an expense reimbursement. The financial burden of in Sponsoring Agencies carrying not included in subpart C for which it these outlays would be compounded in unreimbursed costs for longer periods of expects to request reimbursement. the event of multiple Activations within time. We believe that it is better to Section 208.44 requires that the a relatively short time period. require submission of claims for Sponsoring Agency request in writing We believe that up to 75 percent is the reimbursement within 90 days of the permission from DHS to make the optimal amount for an advance of funds conclusion of the Activation, while expenditure or, if advance permission in because it balances the need for funds permitting Sponsoring Agencies to writing is not possible to obtain, to meet against the possibility of overestimated apply for 30-day extensions at their three criteria before making the funds. As one commenter pointed out, option. expenditure, including requesting and for many years we did not provide any .Reevaluation and Potential Revision receiving advance verbal approval. advance of funds, and for more recent of the Rule. One agency commented that One agency commented that during Activations we provided an advance we should provide a date certain for an extreme emergency, in particular equal to 25 percent of estimated reevaluation and potential revision of during the initial 24- to 48-hours of an personnel costs, The amount "up to 75 this rule. The agency believed that Activation, it can be difficult to obtain percent" is a result of our examination providing this date certain was written or verbal approvals, and that of personnel cost data from a number of important because some provisions of personnel authorized to approve previous Activations, It also recognizes the rule will require additional expenditures are not available 24 hours the financial burden borne by the discussion and development, and other a day during this period. Moreover, this Sponsoring Agencies in carrying, even issues may arise after the rule is agency commented that Joint temporarily, these additional salary implemented. We do not believe that Management Teams, in the past, have costs. However, Activations often last there is a need to provide a date certain left requests for resupply unanswered for a shorter period of time than we use by which we will reevaluate and, if for extended periods of time. The to calculate the estimated personnel necessary, revise the rule. However, we agency recommended that we empower costs for the Activation, as was the case will work with our State and Local Task Force Leaders to make - recently with Hurricane Isabel when Government partners through the procurement decisions. teams were activated for fewer than 7 National Urban Search and Rescue We feel that this comment addresses days. As one commenter pointed out, System Advisory Committee and its operational problems rather than some percentage of personnel costs may Legal Issues Wor'_<ing Group to evaluate regulatory issues. Many of these be questioned and ultimately this rule, measure its efficacy, and problems will be alleviated by the disallowed as a result of the develop revisions as necessary, construction of the new DHS operations reimbursement review process. For Task Force Leader. One Sponsoring center that will be staffed 24 hours a day these reasons, at this time, we believe Agency commented that this rule during an Activation, and by assuring that up to 75 percent of estimated should include a definition of the role that there is at least one person on duty personnel costs is the best amount for and responsibilities of the Task Force in the operations center who holds an advance of funds. We expect to Leader, the highest leadership position delegated authority to authorize review Sponsoring Agencies' experience on a US&R Task Force. The commenting procurements. Moreover, the revised periodically under this provision, and agency stated that "[t]be Task Force Equipment Cache List24 provides for will make revisions as warranted. Leader is the individual during a the purchase of multiple, back-up Deadline for Submission of Claims. deployment who is in control and methods of communication to assure One agency commented that the responsible for the entire Task Force, in that Task Forces can communicate with deadline for submission of claims comes addition to reporting to FEMA (whether the operations center under any too soon after an Activation has ended. the FEMA Emergency Support Team circumstances. We believe that the rule Currently, § 208.52 specifies that (EST) or the IST [now JMT] the Task controls the costs associated with Sponsoring Agencies must submit Force Leader is the individual that the Activation and limits duplicative claims for reimbursement within 90 Sponsoring Agency designates to procurement without compromising days of the conclusion of the Activation. represent the Sponsoring Agency both responder safety. Section 208.52 also states that DHS may financially and legally while the Task Advance of Funds. Section 208,45 extend and specify the time limitation Force is deployed." states that we will provide the upon a written request and justification We feel that the roles and Sponsoring Agency with an advance of from the Sponsoring Agency. The responsibilities of the Task Force Leader funds up to 75 percent offthe estimated commenting agency noted that it could should not be included in the rule. We personnel costs of the Activation. take many weeks to obtain certain items, have developed and published a Several agencies commented that we often because of manufacturers' Position Description for the Task Force should increase this amount to 90 inventory status. The agency stated that Leader, and have described the roles percent of the estimated personnel setting a deadline of 120 days would and responsibilities of the Task Force costs. These agencies commented that obviate the need for a Sponsoring Leader in several operational since personnel costs of an Activation Agency to apply for repeated documents. These descriptions may extensions. change over time, and we want to retain s^The Equipment Cache List is the DHS-issued We believe that the 90-day timeframe flexibility by including these list that defines: (a) The equipment and supplies for submission, with the opportunity for descriptions in operational documents that usadt will Furnish to s and type Agencies; and Sponsoring Agencies to apply for 30-day rather than in the rule. Moreover, (b) the maximum quantities find types of equipment mad supplies that a Sponsoring Agency may extensions, is the better policy. In the different Sponsoring Agencies have purchase and maintain with DHS funds. past, we found that Sponsoring vested their Task Force Leaders with 9190 Federal Register/Vol. 70, No. 36 /Thursday, February 24, 2005 /Rules and Regulations different levels of authority. For these administrative allowance listed in reasons, we have not defined the roles § 208.41 of this part in lieu of and responsibilities of the Task Force attempting to establish indirect cost Leader in the rule. rates for short-term deployments. Use of Federally Purchased Administrative Procedure Act Equipment far Local Use in Daily Determination Operations. One commenter noted that, in the Federalism Summary Impact We are publishing this Interim Rule Statement included with the Proposed under the Administrative Procedure Rule, we stated that "Equipment and Act, 5 U.S.C. 553, with our request for supplies purchased with Federal funds public comments. Concurrently with may be used to respond to state publication of the Interim Rule, we are disasters or emergencies." The publishing the Maximum Pay Rate commenter asked whether the intent of Table (Table) in the Federal Register as the rule was to prevent the use of a Notice. We published a Proposed federally purchased equipment for daily Rule, National Urban Search and Rescue Response System, on December 18, 2002, 67 FR 77627-77640, and received over 30 comments from various Task Forces in the National US&R Response System. We discuss the comments in the preamble of the Interim Rule, indicating where we agree with the comments and have made changes, and if necessary, to repair or replace equipment so used at the Sponsoring Agency's expense. However, we do not intend that Sponsoring Agencies use federally purchased equipment in routine, day-to-day operations. Indirect Costs. One Sponsoring Agency commented on our prohibition of reimbursement for indirect costs related to response, and our 7.5 percent limitation on indirect costs related to preparedness. The commenting agency noted that this limitation on indirect costs is inconsistent with other FEMA programs and diverges from standard Federal indirect cost percentages. The commenting agency stated that this limitation could threaten the ability of that Sponsoring Agency to remain in the System, stating that the 'work burden formulas presuppose economies of scale for a larger, pre-existing agency." We brought this issue to the National US&R Advisory Committee, which important role in finding the bodies of recommended retention of the indirect those killed in the collapse, so that costs policy as in the proposed rule. We victims might be identified and returned agree. This limitation is not inconsistent to grieving families. The tasks with other limitations applicable to performed and the dangers inherent in FEMA programs. Accordingly, we have the work benefit other firefighters and not changed this section, Note that this disaster responders who do not have the limitation applies only to Preparedness specialized training and experience of Cooperative Agreements, which apply the National US&R Response System over the course of at least one year and Members and who are not put at risk by to which indirect cost principles can be entering the collapsed structures when applied readily. Except as provided in US&R teams are present § 208.41, we allow no indirect costs The Interim Rule is effective today, under Response Cooperative the date of publication. There is an Agreements. US&R deployments are urgent need within the National US&R most often short-term, on the order of Response System to standardize _ 10-14 days. Consistent with section 407 . financial, administrative and of the Stafford Act, we will allow the operational functions among the 28 operations. We intend the System to provide a Federal capability to respond to major disasters or emergencies involving structural collapse; weapons of mass destruction, or other incidents that the President declares. A Sponsoring Agency may use equipment and supplies purchased with Federal funds also where we do not agree with the to respond to disasters or emergencies comments. requiring urban search and rescue We did not have the Table prepared response at the state and local level, and at the time we published the Proposed Rule but received a large number of comments and questions about the Table. To provide an opportunity for comment before publishing the final rule, and because of the delay between the date of the Proposed Rule and the Interim Rule, we request that interested parties comment within 45 days of today's publication. The National US&.R Response System provides a number of public services that are unique within the Federal Government. Members are experienced and trained professionals highly skilled in the often dangerous roles of searching for, extricating and providing initial medical care for victims from collapsed buildings, whether collapsed by natural or manmade causes. The searching is important to the public to ensure that every effort has been made to rescue people still alive within a collapsed structure. Members also have an Task Forces located in 19 States. These needs include codifying the relationship between the Department of Homeland Security tDHS) and the Sponsoring Agencies of the 28 Task Forces, and standardizing the relationships of Sponsoring Agencies with their Participating Agencies and Affiliated Personnel. Efforts to standardize the Memoranda of Agreement between DHS and the Sponsoring Agencies, and in turn, the agreements between the Sponsoring Agencies -and Participating Agencies and Affiliated Personnel, are essential to the effective functioning of the System and must be completed soon to inform, guide and govern all System participants uniformly in their respective roles, responsibilities and activities. In the years since September 11, 2001, Congress has appropriated increased funds to US&R far equipment, training, and other measures to ensure that each Task Force is fully staffed, trained and available for whatever disaster they may be called upon for help. It is imperative and urgent that there be full accountability for the funds granted to the Sponsoring Agencies, and that there be uniform standards that the Sponsoring Agencies can apply in the performance of their US&R responsibilities. This rule provides those standards; it is urgent that they be in effect as soon as possible. The direct effect of this rule is on the 28 Sponsoring Agencies, their Participating Agencies, and Affiliated Personnel —a relatively small, web - defined universe, The Sponsoring Agencies, the Advisory Committee of the National US&R Response System (Advisory Comnnittee),25 the Working Groups 2e under the Advisory Committee, and others associated 'with the National US&R Response System have frequently and repeatedly requested publication and implementation of this rule, which they urgently need to fulfill their obligations to the System, themselves and their organizations. As matters of sound policy, planning and management for the entire System, it is important to make the rule effective upon publication. Good cause exists and it is in the public interest to make this Interim Rule ns The Advisory Committee of rho National US&R Response System provides advice, recommendations, and counsel on the continuing development and maintenance of a National US&R Response System to the Under Sedately for Emergency. Preparedness and Response. °°The System has several specialized Working Groups, e.g., command and general stall, medical, legal issues, training, etc., that provide professional and technical advice on US&R issues to DHS through the National Advisory Committee, Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations 9191 effective upon publication (and to request comments on the Interim Rule and on the Table as published separately today as a Notice). DHS will review and evaluate any comments that it receives and will publish the final rule at a later date. National Environmental Policy Act 44 CFR 10.8(d)(2)(ii) categorically excludes from actions such as the preparation, revision, and adoption of regulations, and specifically 44 CFR 10.8(d)(2)(xviii)(C), which relates to planning and administrative activities in support of emergency and disaster response and recovery, including deployment of urban search and rescue teams. Accordingly, we have not prepared an environmental assessment or environmental impact statement for this rule, Executive Order 12866, Regulatory Planning and Review Under Executive Order 12866, 58 FR 51735, October 4, 1993, a "significant regulatory action" is subject to OMB review and the requirements of Executive Order 12866. Section 3(f) of the Executive Order defines "significan regulatory action" as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more, or may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. In determining whether to proceed with the formulation and publication of this rule, we considered three alternatives: maintain the status quo ante; manage the program through administrative directives; and cancel the program. Maintain the Status Quo Ante. The National US&R Response System has operated since the early 1990s without formal regulations. The first ten years or so were formative years with a great deal of flux. Federal appropriations were minimal until the events following September 11, 2001, which led to major changes in planning, operations, management, training and funding. expan g at followed September 11, 2001 (e.g., response to acts of terrorism and weapons of mass destruction events, response to hurricanes), operating without formal regulations was no longer tenable. Sound management and responsible stewardship of the program demand t formal regulations. For these reasons, we rejected the status quo ante. Management by Administrative Directives. We rejected this alternative on grounds that administrative directives do not have the force of law, tend to be piecemeal, and do not adequately support our need for standardized practices within the US&Rgr proam. In contrast, the rule will have .. . the force of law and will concisely support our need to standardize the financing, administration and operation of the US&R program. Cancel the Program. The US&R gr program ew out of the evident need to have highly skilled, specially trained and equipped personnel swiftly available to search for and extricate victims from collapsed buildings, whether from earthquakes and other natural causes, acts of terrorism, accidents or other human causes. The need is greater today than perceived in the late 1980s and early 1990s. The program has garnered a well- and hard- earned recognition of its effectiveness, with strong support from Congress, the Administration, and its Sponsoring and Participating Agencies. With that continuing support, cancellation of the program is not a feasible alternative, Interim Rule. We (FEMA) published a i Proposed Rule, National Urban Search and Rescue Response System, on December 18,'2002, 67 FR 77627-77640. During the 45-day comment period, we S received about 30 comments from p Sponsoring Agencies, one from a Twenty US&R teams responded to the World Trade Center and five responded to the Pentagon. After -action evaluations showed the need for greate interoperability of equipment, consistency in training and operating across the 28 teams, and many other factors to permit 28 disparate units in 2 States to perform as a cohesive whole. Congress appropriated larger sums to support the program, mandating that th program not add new task forces until existing task forces were fully equipped and trained. Spurred by the response of Congress and the Administration, we redoubled efforts to standardize the financing, administration and operation of the National US&R Response System. Under the status quo ante and the low level of Federal funding, we had little leverage to standardize the program. With increased appropriations and din mission th Participating Agency, one from a Member of Congress, and none from th public at large. We reviewed the r comments, accepting some, rejecting some. This preamble and Interim Rule reflect the decisions made regarding th comments that we received. g When we published the Proposed Rule, we mentioned, but had not yet prepared, the Maximum Pay Rate Tabl e (Table). In order to have that part of th rule nn which we had received comments go into effect, and to obtain public comments on the Table, we elected to publish the rule as an Interi Rule, and, concurrently to publish the Table as a Notice, with request for comments. Economic Significance of the Rule. This rule will not have an annual effec on the economy of $100 million or mor and is not an economically significant rule under Executive Order 12866. The rule establishes the relationship between the Sponsoring Agencies of the Urban Search & Rescue (US&R) Task Forces and DHS, funding for preparedness and response activities, including the acquisition of equipment and supplies and training, and the eligibility of Task Forces to receive and maintain Federal excess property. This interim rule impacts 28 Sponsoring Agencies, 26 of which are from local communities, 2 are associated with state universities. All of the communities have populations greater than 50,000. Most of the Sponsoring Agencies have agreements with Participating Agencies for additional support to meet the staffing, equipment and training requirements of the National US&R Response System. US&R-related costs of Participating Agencies are paid by DHS through the Sponsoring Agencies. Similarly, expenses of Affiliated Personnel are reimbursed through the Sponsoring Agencies. DHS has designed the National US&R Response System to be as cost neutral to Sponsoring Agencies as Federal law authorizes. DHS acquires equipment and supplies, pays for training, meetings and related travel, lodging, and per diem expenses, and attempts to cover Sponsoring Agencies' preparedness costs through preparedness Cooperative Agreements. When DHS activates a US&R Task Force we reimburse the Sponsoring Agency for 100 per cent of is direct eligible costs incurred, ncluding overtime and Backfill costs, and indirect costs capped at 7.5 percent of direct costs, under the terms of the response Cooperative Agreements. ponsoring Agencies will incur certain aperwark burdens and expenses, which are described and quantified e e e e m t e 9192 Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations below in the materials on the Paperwork Reduction Act, We expect that our Cooperative Agreements and their . associated indirect cost rates will cover the eligible costs that the Sponsoring Agencies incur to participate in the National US&R Response System. Costs to DHS to administer the National US&R Response System include the salaries and expenses of an 8-person staff, and the indirect staff costs for financial, acquisition, logistics and other administrative services provided by DHS and FEMA. Current appropriations limit administrative costs to 3 percent of the total amount appropriated for US&R. FEMA's planning and program guidance for fiscal years 2005 through 2009 set funding levels of $6.438 million for the National US&R Respons System, representing the baseline nondisaster-specific budget for operating expenses. In the past two years, congressional annual appropriations far US&R were $60 million, most of which US&R passed to the Sponsoring Agencies pursuant to Cooperative Agreements. FEMA passes the amounts appropriated to the Spcnsoring Agencies in preparedness Cooperative Agreements funded 10D percent by the Federal Government to cover planning, training, equipment or other essentials to fulfill the US&R mission, which do not impose conditions on the Sponsoring Agencies making them economically significant. Nor would Cooperative Agreement funding adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities. This rule is a significant regulatory action, but not an economically significant regulatory action within the definition of section 3(f) of Executive Order 12866, and it adheres to the principles of regulation of the Executive Order. The Office of Management and Budget has reviewed this rule under the provisions of the Executive Order. Regulatory Flexibility Act, 5 U.S.C. 601 Under the Regulatory Flexibility Act, agencies must consider the impact of their rulemakings on "small entities" (small businesses, small organizations and local governments). The Act also provides that, if a regulatory flexibility analysis is not required, the agency must certify in the rulemaking document that the rulemaking will not "have a significant economic impact on a substantial number of small entities." This rule standardizes the financing, administration and operation of the National Urban Search and Rescue Response System (System or US&R), which FEMA established under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The System currently comprises 28 US&R Task Forces in 19 States. A State agency or local public safety agency (Sponsoring Agency) typically sponsors e Task Force,27 staffed primarily by local fire department and emergency services personnel, and include Joint Management Teams GMT) and other overhead or technical teams. None of the Sponsoring Agencies are in communities with populations fewer than 50,000. The governments of the Sponsoring Agencies are urban or State instrumentalities and none qualify as a "small governmental jurisdiction" e within the meaning of 5 U.S.C. 601(5). Some of the Participating Agencies are small businesses, such as engineering firms and HMOs. DHS reimburses Sponsoring Agencies for the eligible costs that the Sponsoring Agencies incur in reimbursing their Participating Agencies. DHS expects Participating Agencies to receive full reimbursement for the salaries and expenses of their personnel who are participating System Members, indirect costs up to 7.5 percent, per diem, navel and related costs when Task Forces activated, and backfill expenses. DHS has designed the US&R program to be as cost neutral to Sponsoring Agencies as Federal law authorizes, When DHS activates a US&R Task Force it reimburses the Sponsoring Agency for its direct costs incurred, including overtime and Backfill costs, and indirect . costs capped at 7.5 percent of direct costs. Upon activation, System Members become Temporary Excepted Federal Volunteers entitled to the benefits of the Federal Employees Compensation Act (FECA) and the Federal Tort Claims Act (FTCA). In some instances, State workers' compensation benefits exceed those available under FECA, and the The Task Forces also respond to disasters end emergencies in their home steles es State resources. DHS does not directly reimburse Sponsoring Agencies of the Tusk Forces for the costs that they incur when deploying in their home slate, although in u State deployment Task Forces may use equipment that they have purchased with DHS grant funds and Federal property that is in their custody. Subpart C of this rule does not cover in- state deployment of US&R resources. However, Federal reimbursement for the cost of an in -state deployment may be available through DHS's Public i Assistance Program under regulations published at t 44 CFIR part 208. In addition, the Office of Foreign Disaster Assistance of the U.S. Agency for 4 International Development (USAID) once uses the R services of certain US&R Task Forces to deliver a humanitarian assistance abroad under ugreemeuts 5 to which DHS is not a party. The rule does not affect the relationships between USAID and the Sponsoring Agencies of tbo Task Forces. a difference between the State benefits and the Federal benefits may have to be borne by the Sponsoring Agency. US&R Task Forces also must maintain minimum training requirements that DHS prescribes. Under current interpretations by the Department of Justice, the FTCA covers System Members during Task Force activations, but does not apply to training activities. This lack of FTCA coverage during training is a potential liability that a Sponsoring Agency might incur, but such a circumstance has not occurred in 15 years of experience. DHS is working with the Department of justice to determine what measures DHS could take to provide liability coverage for System Members during US&R training events, DHS assumes that the professional skills necessary for preparation of the reports and records are within the capabilities of the Sponsoring and Participating Agencies. D'r1A further assumes that Sponsoring and Participating Agencies incur no extra, unreimbursed costs for sound administration and accountability that Federal Cooperative Agreements require of any recipient of such awards, We have no basis for estimating the expected cost or range of costs per impacted Sponsoring or Participating Agency. DHS is not aware of any rules that may duplicate, overlap or conflict with this rule. In our discussion of E.O. 1'2866 above, we considered several alternatives to this rule, including status quo ante, cancellation of the program, management by program directives, and this interim rule. Ncne of the alternatives to this rule met DHS needs to standardize the financing, administration and operation of the US&R System; none provided differing compliance or reporting requirements, or clarified, consolidated, or simplified compliance and reporting, or exempted any of the Sponsoring Agencies from coverage of the rule. For the reasons stated, we certify under 5 U.S.C. 605(b) that this Interim Rule will not have a significant economic impact on a substantial number of small entities and does not apply to this interim rule. Paperwork Reduction Act of 1995 DHS has determined that the mplementation of this rule is subject to he Paperwork Reduction Act of 1995, 4 U.S.C. 3501-3520. As the Paperwork eductien Act of 1995 requires and, oncurrently with this rule, we have ubmitted a request for Office of anagement and Budget (OMB) review nd approval of a new collection of Federal Register / Vol. 70, No. 36 /Thursday, February 24, 2005 / Rules and Regulations 9193 information, which is contained in this rule, The collection of information complies with provisions of the • Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A). We invite the general public to comment on the collection of information. Collection of Information Title: Urban Search and Rescue Program. USSR grant application forms approved by OMB under Control Number 1660-0025, which expires July 31, 2007, are: Form Numbers: SF 424, Application for Federal Assistance; DHS Form 20- 10, Financial Status Report; DHS Form 20-16, Summary Sheet for Assurances and Certifications; DHS Form 20-18A, Assurances —Non -Construction Programs; DHS Form 20-15C,' Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements; DHS Form 20-20, Budget Information —Non - Construction Programs; and SF LLL, Disclosure of Lobbying Activities. Abstract: This information collection is to implement the National Urban Search and Rescue System (US&R), by which DHS provides specialized lifesaving assistance during major disaster or emergency. USBR operational activities include locating, extricating and providing on -site medical treatment to victims trapped in collapsed structures; weapons of mass destruction events, and when assigned, incident command or coordination of other operational activities, In order to implement the USSR program DHS must collect certain types of information, including grant applications, budget and budget narrative, financial status reports, assurances and certifications, performance information, and requests for advances or reimbursement on forms approved by OMB under Control Number 1660-0025. Affected Public: State, local and Indian tribal governments. Estimated Total Annual Burden Hours: 803 hours. A breakdown of the burden follows: DHS forms No. of responders (A) Frequency of response (S), Hours per response and record - keeping (C) Annual bur- den hours (A x B x C) The following forms were approved under 1660-0025: SF-424 Appiication for Federal Assistance 28 1 1 hour DHS Form 20-10 Financial Status Report 28 1 - 1 hour DHS Forms 20-16, 20-16A, 20-16C, Summary Sheet for As- 28 1 30 minutes suranoes and Certifications. SF LLL, Disclosure of Lobbying Activities 28 1 10 minutes DHS Form 20-20, Budget Information Non -Construction Pro- 28 2 9 hours grams and Budget Narrative. SF 270, Request for Advance or Reimbursement 28 2 4 hours Subtotal 224 28 hours. 28 hours. 14 hours. 5 hours. 504 hours. 224 hours. 803 hours. Olul7 Number: New, Abstract In order to implement the US&R program, DHS must collect certain types of information not included in OMB Control Number 1660-0025, including memoranda of agreement, program narrative statements, grant awards, progress reports, extension or change requests, closeout information and audits. Affected Public: State, local and Indian tribal governments. Estimated Total Annual Burden Hours: 1181 hours. A breakdown of the burden follows: DHS forms No. of • responders (A) Frequency of response (6) Hours per response and recordkeeping (C) Annual burden hours (A x B x C) The following are new collections: Narrative Statement Progress Reports Extension or Change Requests Audits of States, Local Governments, and Non -Profit Organi- zations. Memoranda of Agreement Subtotal 28 28 5 28 28 2 4 hours 2 2 hours 1 1 hour 1 30 hours 1 (1) 145 Total hours 369 224 hours. 112 hours. 5 hours. 840 hours. 1181 hours. 1984 hours. 1 After we publish the final rule, we will prepare a standardized, streamlined memorandum of agreement in consultation with the National US&R Response System Advisory Committee and its Legal Issues Working Group. When completed, we will make a second Paperwork Reduc- tion Act submission to OMB. Estimated Times and Costs: The approximate annual salary of State and local staff -who will complete the forms is $35,000. The approximate hourly rate of pay is $18.90 ($35,000 divided by 1850 hours). The total cost to grantees is estimated to be $37,498, The cost to DHS is largely personnel salary costs to review and analyze the information collected on these forms — for all DHS grant programs, not just US&R grants, which is a significant portion of grants management annual work. We estimate that for the US&R program, DHS Headquarters would expend approximately 672 hours on analysis, or an average of 24 hours per program. We estimate the cost to DHS to be $14,112 (672 hours times $21 per hour of staff work). Printing costs are minimal because the forms are available in electronic format. 9194 . Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations The total annual estimated time and costs are 1984 hours and $3 7,498 cost to applicants and $14,112 cost to DHS. This calculation is based on the number of burden hours for each type of information collection/form, as indicated above, and the estimated wage rates for those individuals responsible for collecting the information or completing the forms. The new collection is required for sound grants management and compliance with OMB Circulars and DHS regulations. FOR FURTHER INFORMATION CONTACT: Contact Michael Tamillow, Emergency Preparedness and Response Directorate, Department of Homeland Security, 500 C Street, SW,, Washington, DC 2D472, telephone (202) 646-2549, facsimile (202) 646-4684, or e-mail mike.tamillow©dhs.govfor additional information. You may contact Muriel B. Anderson for copies of the proposed collection of information at (202) 646- 2625 or (facsimile) (202) 646-3347, or e- mail informationcollections©dhs.gov. Executive Order 13132 Federalism - Federalism Summary impact Statement other assistance under the Stafford Act, is only furnished when disaster or emergency needs exceed the combined State and local capabilities and the Governor requests the assistance. Therefore, we certify that this interim rule does not have federalism implications as defined in Executive Order 13132. While this interim rule does not have federalism implications, this rule has been developed through a collaborative process with representatives of State and local governments. As noted above, the Legal Issues Working Group, a subgroup of the National US&R Response System Advisory Committee, developed the original draft of these regulations. The National US&R Response System presented a draft to DHS. The Legal Issues Worldng Group and the National US&R Response System Advisory Committee both comprised Federal, State and Local Government officials, as well as representatives of labor organizations, some of whose members serve on the US&R Task Forces. Executive Order 13132 requires DHS Congressional Review of Agency to develop a process to ensure Rulemaking "meaningful and timely input by State and local officials in the development of We have seat this final rule to the regulatory policies that have federalism Congress and to the General Accounting implications." Such policies are defined Office under the Congressional Review in the Executive Order to include rules of Agency Rulemaking Act, Pub. L. 104- that have "substantial direct effects on 121. The rule is not a "major rule" the States, on the relationship between within the meaning of that Act. It the national government and the States, standardizes the financing, or on the distribution of power and administration and operation of the responsibilities among the various National Urban Search and Rescue levels of government." Response System, a cooperative effort of We have analyzed this interim rule in the Department of Homeland Security, accordance with the principles and participating State emergency criteria in the Executive Order and has management agencies and local public determined that this interim rule would safety agencies across the country. not have a substantial direct effect on The rule will not result in a major the States, on the relationship between increase in costs or prices for the national government and the States, consumers, individual industries, or on the distribution of power and Federal, State, or local government responsibilities among the various agencies, or geographic regions. It will levels of government. The rule imposes not have "significant adverse effects" on no mandates on State or local competition, employment, investment, governments; participation in the productivity, innovation, or on the National US&R Response System is ability of United States -based strictly voluntary. Moreover, one of the enterprises to compete with foreign - most significant objectives of this based enterprises. This rule is subject to program is to build State and local the information collection requirements USER capability. The US&R program of the Paperwork Reduction Act and recognizes the primary role of State and OMB has assigned Control No. 1660- local governments in responding to 0025. The rule is not an unfunded disasters and emergencies. Equipment Federal mandate within the meaning of and supplies purchased with Federal the Unfunded Mandates Reform Act of funds may be used to respond to in -state 1995, Pub. L. 104-4, and any disasters and emergencies. The teams enforceable duties that we impose are e may only be deployed across State lines cdndition of Federal assistance or a duty when released by their home State. The arising from participation in a voluntary assistance these teams provide, like Federal program. List of Subjects in 44 CFR Part 208 Disaster assistance, Grant programs. r Accordingly, we add part 208 to title 44, chapter I of the Code of Federal Regulations, as follows: PART 208-NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM Subpart A -General Sec. 208.1 Purpose and scope of this part. 208.2 Defnitons of terms used in this part. 208.3 Authority for the National USSR Response System. 208.4 Purpose for System. 208.5 Authority of the Director of the Response Division (Director). 208.6 System resource reports. 208.7 Enforcement. 208.8 Code of conduct. 208.9 Agreements between Sponsoring Agencies and Participating Agencies. 208.10 Other regulations. 208.11 Federal status of System Members. 208.12 Maximum Pay Rate Table. 208.13-203.20 [Reserved). Subpart B-Preparedness Cooperative Agreements 208.21 Purpose. 208.22 Preparedness Cooperative Agreement process. 208.23 Allowable costs under Preparedness Cooperative Agreements. 208.24 Purchase and meintenan•te of items not listed on Equipment Cache List. 208.25 Obsolete equipment. 208.26 Accountability for use of funds. 208.27 Title to equipment. 208.28-208.30 [Reserved]. Subpart C-Response Cooperative Agreements 208.31 Purpose. 208.32 Definitions of terms used in this subpart. 208.33 Allowable cosis. 208.34 Agreements between Sponsoring Agencies and others. 208.35 Reimbursement for P.dvisory, 208.36 Reimbursement for Alert. 208.37 Reimbursement for equipment and supply costs incurred during Activation. 208.38 Reimbursement for re -supply and logistics costs incurred during Activation. 208.39 Reimbursement for personnel costs incurred during Activation. 208.40 Reimbursement of fr;nge benefit costs during Activation. 208.41 Administrative allowance. 208.42 Reimbursement for other administrative costs. 206.43 Rehabilitation. 208.44 Reimbursement for other costs. 208.45 Advance of funds. 208.46 Title to equipment. 208.47-208.50 [Reserved) • Subpart D-Relmbursement Claims and Appeals 208.51 General. 208.52 Reimbursement procedures. Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations 9195 208.53-208.59 [Reserved] 208.60 Determination of claims. 208.61 Payment of claims. 208.52 Appeals. 208.63 Request by DHS for supplemental information. 208.64 Administrative and audit requirements. 203.55 Mode of transmission. 208.68 Reopening of claims for retrospective or retroactive adjustment of costs. 208.67-208.70 [Reserved] Authority: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.0 5121 through 5206; Reorganization Plan. No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp.. p. 329; Homeland Security Act of 2002, 6U.S.C. 101; E.O. 12127, 44 FR.19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; E.0, 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166. Subpart A —General §208.3 Purpose and scope of this part. (a) Purpose. The purpose of this part is to prescribe policies and procedures pertaining to the Department of Homeland Security's (DHS) National Urban Search and Rescue Response System. (o) Scope. This part applies to Sponsoring Agencies and other q participants in the National Urban e Alert means the status of a System resource's readiness when triggered by an Alert Order indicating drat DHS may Activate the System resource. Alert Order means the DHS conimunicatien that places a System resource an Alert status. Assistance Officer means the DOS employee who has legal authority to bind DHS by awarding and amending Cooperative Agreements, Baclfill means the personnel practice of temporarily replacing a person in his or her usual position with another person. Cooperating Agency means a State or Local Government that has executed a Cooperative Agreement to provide Technical Specialists. Cooperative Agreement means a legal instrument between DHS and a Sponsoring Agency er Cooperating Agency that provides funds to accomplish a public purpose and anticipates substantial Federal involvement during the performance of the contemplated activity. Daily Cost Estimate means a Sponsoring Agency's estimate of Task Force personnel compensation, itemized fringe benefit rates and amounts ncluding calculations, and Back_fill xpenditures for a 24-hour period of earch and Rescue Response System Activation. that have executed agreements governed Deputy Director means the Deputy by this part. Part 206 of this chapter Director of the Response Division, does not apply to activities undertaken under this part, except as provided in §§ 208.5 and 208.10 of this part. This part does not apply to reimbursement under part 205, subpart H, of this chapter. §208.2 Definitions of terms used in this part. (a) General. Any capitalized word in this part is a defined term unless such capitalization results from the application of standard capitalization or style rules for Federal regulations. The following definitions have general applicability throughout this part: Activcted or Activation means the status of a System resource placed at the direction, control and funding of DOS in response to, or in anticipation of, a presidential declaration of a major disaster or emergency under the Stafford Act. Activation Order means the DHS communication placing a System resource under the direction, control, and funding of DOS. Advisory moans a DHS communication to System resources indicating that an event has occurred or DHS anticipates will occur that may require Alert or Activation of System resources. Emergency Preparedness and Response Directorate, Departinent of Homeland Security, or other person that the Director designates. DHS means the Department of Homeland Security. Director means the Director of the Response Division, Emergency Preparedness and Response Directorate, DOS. Disaster Search Canine Team means a disaster search canine and handler who have successfully completed the written examination and demonstrated the performance skills required by the Disaster Search Canine Readiness Evaluation Process. A disaster search canine is a dog that has successfully completed the DOS Disaster Search s Canine Readiness Evaluation criteria for r Type II or both Type II and Type I. Emergency means any occasion or a instance for which, in the determination o of the President, Federal assistance is needed to supplement State and local in and capabilities to save lives and S to protect property and public health d and safety, or to lessen or avert the w threat of a catastrophe in any part of the,, United States. Equipment Cache List means the DHS-issued list that defines: (1) The equipment and supplies that US&R will furnish to Sponsoring Agencies; and (2) The maximum quantities and types of equipment and supplies that a Sponsoring Agency may purchase and maintain with DHS funds. Federal Excess Property means any Federal personal property under the control of a Federal agency that the agency head or a designee determines is not required for its needs or for the discharge of its responsibilities. Federal Response Plan means the signed agreement among various Federal departments and agencies that provides a mechanism for coordinating delivery of Federal assistance and resources to augment efforts of State and Local Governments overwhelmed by a Major Disaster or Emergency, supports implementation of the Stafford Act, as well as individual agency statutory authorities, end supplements other Federal emergency operations plans developed to address specific hazards. joint Management Team or jMT means a multi -disciplinary group of National Disaster Medical System (NDMS), Urban Search and Rescue (US&R), and other specialists ccmbined to provide operations, planning, logistics, finance and administrative support for US&R and NDMS resources, and to provide technical advice and assistance to States and Local Government Local Government means any county, city, village, town, district, or other political subdivision of any State; any federally recognized Indian tribe or authorized tribal organizainor.; and any Alaska Native village or organization. Major Disaster means any natural catastrophe (including any hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or regardless of cause, any fire, flood, or explosion, in any part of the United States, that in the of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Stafford Act to upplement the efforts and available esources of States, Local Governments, and disaster relief organizations in lleviating the damage, loss, hardship, r suffering caused thereby. • Memorandum of Agreement (MOA) Bans the document signed by DHS, a ponsoring Agency and its State that escribes the relationship of the parties ith respect to the National Urban Search & Rescue Response System, Participating Agency means a State or Local Government, non-profit organization, or private organization Federated States of Micronesia or the Republic of the Marshall Islands. Support Specialist means a person participating in the System who assists the Task Force with administrative or other support during mobilization, ground transportation and demobilization as directed. System or National UStrR Response System means the national US&R 9196. Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations that has executed en agreement with a and administered by a Sponsoring Sponsoring Agency to participate in the Agency and meeting DHS standards. National US&R Response System: ' Task Force Member means a person Personnel Rehabilitation Period occupying a position on a Task Force. means the period allowed by DHS for a Technical Specialist means a person person's rehabilitation to normal participating in the System contributing conditions of living following an technical lmowledge and skill who may Activation. be placed on Alert or Activated as a Preparedness Cooperative Agreement single resource and not as a part of a means the agreement between DHS and JMT or a Task Force. a Sponsoring Agency for reimbursement US&R means urban search and rescue, of allowable expenditures incurred by the process of searching for, extricating, the Sponsoring Agency to develop and and providing for the immediate maintain System capabilities and medical stabilization of victims who are operational readiness. entrapped in collapsed structures. Program Directive means guidance (b) Additional definitions. Definitions and direction for action to ensure for certain terms that apply only to. consistency and standardization across individual subparts of this part are the National US&R Response System. located in those subparts. Program Manager means the individual, or his or her designee, § 208.3 Authority for the National US&R Response System. within DHS who is responsible for day- to-day administration of the National (a) Enabling legislation. The Federal US&R Response System. Emergency Management Agency 208.7 Program Office means the established and operated the System § organizational entity within DHS that is . under the authority of §§ 303, 305(a), responsible for day-to-dey 306(b), 403(a)(3)(B) and 621(c) of the administration of the National US&R Stafford Act, 42 U.S.C. 5144, 5149(a), Response System. 5149(b), 517Db(a)(3)(B) and 5197(c), Response Cooperative Agreement respectively. Section 503 of the means an agreement between DHS and Homeland Security Act of 2002, 6 a Sponsoring Agency for reimbursement U.S.C. 313, transferred the functions of a Cooperative Agreement, Memorandum of allowable expenditures incurred by the Director of FENIA to the Secretary of of Agreement, System directive or other the Sponsoring Agency as a result of an Homeland Security. The President Program Directive, the Director may take Alert or Activation. redelegated to the Secretary of one or more of the actions provided in Sponsor ng Agency means a State or Homeland Security in Executive Order 44 CFR 13.43(a)(1) through (5). Any Local Government that has executed an 13285 those authorities of the President such enforcement action taken by the MOA with DHS to organize and under the Stafford Act that had been Director andmeoff subject tothe hand administer a Task Force. delegated previously to the Director of appeals,F suspension Stafford Act means the Robert T. FEMA under Executive Order 12148. termination provisions of 44 CFR (b) Implementing plan. The National 13.43(b) and (c). Stafford Disaster Relief and Emergency The enforcement remedies Assistance Act, 42 U.S.C. 5121 through Response Plan identifies DHS as the (b) 5203. primary Federal agency with identified in this section. including State means any State of the United responsibility for Emergency Support suspension and termination, do not States, the District of Columbia, Puerto Function 9, Urban Search and Rescue. preclude a Sponsoring Agency, Rico, the Virgin Islands, Guam, Participating Agency, Affiliated 6' § 208.4 Purpose for System. personnel or other System Member from American Samoa, the Commonwealth of It is DHS policy to develop and being subject to 'Debarment and the Northern Mariana Islands, the provide a national system of Suspension" under E.O. 12549, as amended, in accordance with 44 CFR . 13.43(d). (0) Other authority for sanctions. Nothing in this section limits or precludes the application of other authority to impose civil or criminal sanctions, including 42 U.S.C. 5156. standardized US&R resources to . respond to Emergencies and Major Disasters that are beyond the capabilities of affected State and Local Governments. § 208.5 Authority of the Director of the Response Division (Director). (a) Participation in activities of the System. The Director is responsible for response capability administered by determining participation in the System DHS. and any activity thereof, including but System Member means any Task riot limited to whether a System Force Member, JMT Member, Technical resource is operationally ready for Specialist, Support Specialist or Activation. Disaster Search Farine Team. (b) Standards for and measurement of Task Force means an integrated US&R System efciencyand effectiveness. In organization of multi -disciplinary addition to the authority provided in resources with common § 205.13 of this chapter, the Director communications and a leader, organized may establish performance standards and assess the efficiency and effectiveness of System resources, § 208.6 System resource reports. (a) Reports to Director. The Director may request reports from any System resource relating to its activities as part of the System. (b) Reports to FEMA Regional Directors. Any FEMA Regional Director may request through the Director reports from any System resource used within or based within the Regional Director's jurisdiction. (c) Audits, investigations, studies and evaluations. DHS and the General Accounting Office may conduct audits, 'investigations, studies, and evaluations as necessary. Sponsoring Agencies, Participating Agencies and System Members are expected to cooperate fully in such audits, investigations, studies and evaluations, Enforcement. (a) Remedies for noncompliance. In accordance with the provisions of 44 CFR 13.43, if a Sponsoring Agency, Participating Agency, Affiliated Personnel or other System Member materially fails to comply with a term of § 208.8 Code of conduct. The Director will develop and implement a code of conduct for System Members acting underDHS's direction and control. Nothing in this section or the DHS code of conduct will limit the authority of a Sponsoring Agency, Participating Agency or Cooperating Agency to apply its awl code of 'conduct to its System Members or employees. If the DHS code is more restrictive, it controls. Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 /Rules and Regulations 9197 §208.9 Agreements between Sponsoring Agencies and Participating Agencies. Every agreement between a Sponsoring Agency and a Participating Agency regarding the System must include a provision making this part applicable to the Participating Agency and its employees who engage in System activities. §208.10 Other regulations. The following provisions of title 44 CFR, Chapter I also apply to the program in this part: (a) Section 206.9, which deals with the non -liability of DHS in certain circumstances. (b) Section 206.11, which prescribes nondiscrimination in the provision of disaster assistance. (c) Section 205.14, which deals with criminal and civil penalties. (d) Section 205.15, which permits recovery of assistance by DHS. §208.11 Federal status of System Members. The Director will appoint all Activated System Members as temporary excepted Federal volunteers. The Director may appoint a System Member who participates in Alert activities as such a Federal volunteer. The Director may also appoint each System Member who participates in DHS-sanctioned preparedness activities as a temporary excepted Federal volunteer. DHS intends these appointments to secure protection for such volunteers under the Federal Employees Compensation Act and the Federal Tort Claims Act and do not ._. intend to interfere with any preexisting employment relationship between a System Member and a Sponsoring Agency, Cooperating Agency or Participating Agency. System Members whom DHS appoints as temporary excepted Federal volunteers will not receive any compensation or employee benefit directly from the United States of America for their service, but will be compensated through their Sponsoring Agency. §208.12 Maximum Pay Rate Table. (a) Purpose. This section establishes the process for creating and updating the Maximum Pay Rate Table (Table), and the Table's use to reimburse Affiliated Personnel (Task Force Physicians, Task Force Engineers, and Canine Handlers) and Backfill for Activated System Members employed by or otherwise associated with a for - profit Participating Agency. Section 208.32 defines the "Maximum Pay Rate Table" as "the DHS-issued table that identifies the maximum pay rates for (2) The Office of Personnel Management (OPM) publishes salary locality pay schedules each calendar year. (i) Physicians. DHS uses the latest Special Salary Rate Table Number 0290 for Medical Officers (Clinical) Worldwide for physicians. The rates used in the initial Table can be found at http://www..opm.gcv/oca/03 tables/ SSR/i-ITML/0290. a sp, (ii) Engineers and Canine Handlers. DHS uses the latest General Schedule pay scale for both positions. Both specialties are compared to the General Schedule pay scale to ensure parity with like specialties on a task force (canine handlers are equated with rescue specialists). The rates used in the initial Table can be found at http:// wsw.opm.govIoca/03tables/html/ gs.asp. (iii) Locality Pay. To determine adjustments for locality pay DHS uses the latest locality pay areas (including the "Rest of U.S." area) established by OPM. The rates used in the initial Table can be found at http://www.opm.gov/ oca/03tables/locdefasp. pay rate table in the Federal Register. The rates will be effective for the latest year indicated by OPM.1 (d) Application of the maximum pay rate table—(1) Applicability. The Maximum Pay Rate Table sets forth maximum rates for which DHS will reimburse the Sponsoring Agency for compensation paid to Activated Affiliated Personnel and as Backfill for selected System positions that may be (3) Review and update. DHS will used for reimbursement of Affiliated review and update the Table Personnel compensation and Backfill for periodically, at least annually. The Activated System Members employed comments of Sponsoring and by or otherwise associated with a for- Participating Agencies and their .profit Participating Agency." In that experience with the Table will be same section, the term "Affiliated considered and evaluated in the course Personnel" is defined as "individuals of the reviews. not normally employed by a Sponsoring (4) Initial rates and subsequent Agency or Participating Agency and revisions. DHS will publish the initial individuals normally affiliated with a maximum pay rate table in the Federal Sponsoring Agency or Participating Register as a notice with request for Agency as volunteers," comments. Subsequent revisions will be (b) Scope of this section. (1) The made to the pay rate table as OPM Maximum Pay Rate Table applies to changes salary rates as described in this those individuals who are not normally section, When subsequent revisions are employed by a.Sponsoring Agency or made to the maximum pay rate table Participating Agency, or whose DHS will publish the new maximum affiliation with a Sponsoring Agency o Participating Agency is as a volunteer; that is, an individual whom the Sponsoring Agency or Participating Agency does not normally compensate in any way, at any rate. (2) The Table also applies to Backfill for Activated System Members employed by or otherwise associated with a for -profit Participating Agency: (c) Method for determining mor imum Activated System Members employed pay rates. (1) DHS uses the United by or otherwise associated with a for - States Office of Personnel Management's profit Participating Agency. salary rates, computed under 5 U.S.C. (2) Higher rates. The Sponsoring 5504, as the basis for the inaxi.mum pay Agency may choose to pay Affiliated rate schedule. DHS considers System Personnel at a higher rate, but DHS will members' experience and sets maximum not reimburse the increment above the pay rates at the maximum grade, middle maximum rate specified in the step for each position, which Maximum Pay Rate Table. Likewise, the demonstrates an experience level of five Sponsoring Agency may choose to enter years. into a Participating Agency agreement with the individual's employer, rather than use the individual as an Affiliated Personnel, in which case the Maximum Pay Rate Table would not apply. • (3) Compensation for Sponsoring Agency employees serving as Affiliated Personnel. An employee of a Sponsoring Agency serving on a Task Force in a capacity other than his or her normal job, e.g., aEre department dispatcher affiliated with the Task Force as a canine search specialist, as an Affiliated Personnel, would not necessarily be subject to the Maximum Pay Rate Table for reimbursement for salary and benefits for that individual. However, Sponsoring Agencies may use the rates in the Maximum Pay Rate Table as a guide for establishing compensation levels for such individuals. (4) Backfill expenses for Affiliated Personnel under § 208.39(g). (i) The only way that DHS can reimburse for Backfill costs incurred for Affiliated Personnel is through Participating In some }roars tine latest year may rot be the current calendar year. For instance, OPM did not change its pay rates for calendar year 2004. and the 2003 schedules apply. 9198 Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations Agencies. If reimbursement for Backfill expenses is needed for Affiliated Personnel, DHS encourages them to urge their employers or professional association Lo seek Participating Agency status. (ii) Private, for -profit organizations. Participating Agency status is availabl to private, for -profit organizations, e.g. HMOs or medical or engineering professional associations, under the revised definition of "Participating Agency" set forth in this Interim rule. (See Definitions, § 208.2, Participating Agency, and § 208.32, Maximum .Pay Rate Table). When a for -profit Participating Agency must backfill an, Activated System Member's position w will compensate that Participating Agency up to the maximum rate provided in the Table. (iii) Compensation costs. DHS will reimburse for -profit organizations, for purposes of reimbursement and Backfill for the System Member's actual compensation or the actual compensation of the individual who Backfills a position (which includes salary and benefits, as described in §§ 208.39 and 208.40), but will not reimburse for billable or other rates that might be charged for services rendered to commercial clients or patients. §§208.13-208.20 [Reserved] Subpart B—Preparedness Cooperative Agreements §208.21 Purpose. Subpart B of this part provides guidance on the administration of Preparedness Cooperative Agreements. §208.22 Preparedness Cooperative Agreement process. (a) Application. To obtain DHS funding for an award or amendment of' a Preparedness Cooperative Agreement, the Sponsoring Agency must submit an application. Standard form SF-424 "Application for Federal Assistance" generally will be used. However, the application must be in a form that the Assistance Officer specifies. (b) Award. DHS will award a Preparedness Cooperative Agreement to each Sponsoring Agency to provide Federal funding to develop and maintain System resource capabilities and operational readiness. For the purposes of the Preparedness Cooperative Agreement, the Sponsoring Agency will be considered the "recipient." (c) Amendmeni—(1) Procedure, Absent special circumstances, DHS will fund and amend Preparedness Cooperative Agreements on an annual basis. Before amendment, the Assistance Officer will issue a call for Cooperative Agreement amendment applications. The Assistance Officer will specify required application forms and supporting documentation to be submitted with the application (2) Period of performance. Absent e -special circumstances, the period of performance for Preparedness Cooperative Agreements will be 1 year from the date of award. The Assistance Officer may allow for an alternate period of performance with the approval of the Director. (3) Assistance Officer. The Assistance Officer is the only individual authorized to award or.modify a Preparedness e Cooperative Agreement. (d) Award amounts. The Director will determine award amounts on an annual basis. A Task Force is eligible for an annual award only if the Program Manager receives and approves the Task , Force's current -year Daily Cost Estimate. (e) DHS priorities. The Director will establish overall priorities for the use of Preparedness Cooperative Agreement funds taldng into consideration the results of readiness evaluations and actual Activations, overall priorities of DHS, and other factors, as appropriate. (f) Cost sharing. The Director may subject Preparedness Cooperative Agreement awards to cost sharing provisions. In the call for Preparedness Cooperative Agreement amendment applications, the Assistance Officer must inform Sponsoring Agencies about any cost sharing obligations. (g) Sponsoring Agency priorities. The Sponsoring Agency should indicate its spending priorities in the application. The Program Manager will review these priorities and will make recommendations to the Assistance Officer for negotiating the final agreement. (h) Responsibility to maintain integrity of the equipment cache. The Sponsoring Agency is responsible to • maintain the integrity of the equipment cache, including but not limited to, maintenance of the cache, replacement of equipment or supplies expended in training, activations, or local use of the cache, and timely availability of the cache for Task Force Activations. § 208.23 Allowable costs under Preparedness Cooperative Agreements. System Members may spend Federal funds that DHS provides under any Preparedness Cooperative Agreement and any required matching funds under 44 CFR 13.22 and this section to pay reasonable, allowable, necessary and allocable costs that directly support System activities, including the following: (a) Administration, including: (1) Management and administration of day-to-day System activities such as personnel compensation and benefits relating to System maintenance and development, record keeping, inventory of equipment, and correspondence; (2) Travel to and from System • activities, meetings, conferences, training, drills and exercises; (3) Tests and examinations, including vaccinations, immunizations and other tests that are not normally required or provided in the course of a System Member's employment, and that DHS requires to meet its standards. (b) Training: (1) Development and delivery of, and participation in, System -related training courses, exercises, and drills; (2) Construction, maintenance, lease or purchase of System -related training facilities or materials; (3) Personnel compensation expenses, including overtime and other related expenses associated with System -related training, exercises, or drills; (4) System -required evaluations and certifications other than the certifications that DHS requires System Members to possess at the time of entry into the System. For instance, DHS will not pay for a medical school degree, paramedic certification or recertification, civil engineering license, etc. (c) Equipment: (1) Procurement of equipment and supplies specifically identified on the then -current DHS-approved Equipment Cache List; (2) Maintenance and repair of equipment included on the current Equipment Cache•List; (3) Maintenance and repair of equipment acquired with DHS approval through the Federal Excess Property program, except as provided in § 208.25 of this part; (4) Purchase, construction, maintenance or lease of storage facilities and associated equipment for System equipment and supplies. (d) Disaster search canine expenses limited to: (1) Procurement for use as a System resource; (2) Training and certification expenses; (3) Veterinary care. (e) Management and administrative costs, actually incurred but not otherwise specified in this section that directly support the Sponsoring Agency's USBR capability, provided that such costs do not exceed 7.5 percent of the award/amendment amount, Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations 9199 § 208.24 Purchase and maintenance of items not listed on Equipment Cache List. (a) Requests for purchase or maintenance of equipment and supplies not appearing on the Equipment Cache List, or that exceed the number specified in the Equipment Cache List, must be made in writing to the Program Manager. No Federal funds provided under any Preparedness Cooperative Agreement may be expended to purchase or maintain any equipment or supply item unless: (1) The equipment and supplies directly support the Sponsoring Agency's US&R capability; (2) The Program Manager approves the expenditure and gives written notice of his or her approval to the Sponsoring Agency before the Sponsoring Agency purchases the equipment or supply item. (b) Maintenance of items approved for purchase under this section is eligible for reimbursement, except as provided in § 208.26 of this subpart. § 208.25 Obsolete equipment (a) The Director will periodically identify obsolete items on the Equipment Cache List and provide such information to Sponsoring Agencies. (b) Neither funds that DHS provides nor matching funds required under a Preparedness Cooperative Agreement may be used to maintain or repair items that DHS has identified as obsolete. § 206.26 Accountability for use of funds. The Sponsoring Agency is accountable for the use of funds as provided under the Preparedness Cooperative Agreement, including financial reporting and retention and access requirements according to 44 CFR 13.41 and 13.42. § 208.27 Title to equipment Title to equipment purchased by a Sponsoring Agency with funds provided under a DHS Preparedness Cooperative Agreement vests in the Sponsoring Agency, provided that DHS reserves the right to transfer title to the Federal Government or a third party that DHS may name, under 44 CFR 13.32(g), for example, when a Sponsoring Agency indicates or demonstrates that it cannot fulfill its obligations under the Memorandum of Agreement. §§206.26-208.30 [Reserved] Subpart C—Response Cooperative Agreements §208.31 Purpose. Subpart C of this part provides .guidance on the administration of Response Cooperative Agreements. §208.32 Definitions of terms used in thls subpart. Affiliated Personnel means individuals not normally employed by Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers. Demobilization Order means a DHS communication that terminates an Aler or Activation and identifies cost and time allowances for rehabilitation. Exempt means any System Member who is exempt from the requirements of the Fair Labor Standards Act, 29 U.S.G. 201 et seq., pertaining to overtime compensation and other labor standards. Maximum Pay Rate Table means the DHS-issued table that identifies the maximum pay rates for selected System positions that may be used for reimbursement of Affiliated Personnel compensation and Backfill for Activated System Members employed by or otherwise associated with a for -profit Participating Agency. The Maximum Pay Rate Table does not apply to a System member whom a Sponsoring Agency or Participating Agency emp toys. Mobilization means the process of assembling equipment and personnel in response to an Alert or Activation. Non -Exempt means any System Member who is covered by 29 U.S.C. 201 et sea. Rehabilitation means the process of returning personnel and equipment to a pre -incident state of readiness after DHS terminates an Activation, § 208.33 Allowable costs. (a) Cost neutrality. DHS policy is that an Alert or Activation should be as cost neutral as possible to Sponsoring Agencies and Participating Agencies. To make an Alert or Activation cost - neutral, DHS will reimburse under this subpart all reasonable, allowable, necessary and allocable costs that a Sponsoring Agency or Participating Agency incurs during the Alert or Activation. (b) Actual costs. Notwithstanding any other provision of this chapter, DHS will not reimburse a Sponsoring Agency or Participating Agency for any costs greater than those that the Sponsoring Agency or Participating Agency actually incurs during an Alert, Activation. (c) Narrnal or predetermined practices. Consistent with Office of Management and Budget (OMB) Circulars A-21, A-87, A-102 and A- 110 (2 (..O'K pert 215), as applicable, r Sponsoring Agencies and Participating Agencies must adhere to their.own a normal and predetermined practices e a and policies of general application when requesting reimbursement from DHS except as it sets out in this subpart. (d) Indirect costs. Indirect costs beyond the administrative and management costs allowance established by § 208.41 of this part are not allowable, §208.34 Agreements between Sponsoring Agencies and others. Sponsoring Agencies are responsible for executing such agreements with Participating Agencies and Affiliated Personnel as may be necessary to implement the Sponsoring Agency's Response Cooperative Agreement with DHS. Those agreements must identify established hourly or daily rates of pay for System Members. The hourly or daily rates of pay for Affiliated Personnel must be in accordance with, and must not exceed, the maximum pay rates contained in the then -current Maximum Pay Rate Table. § 208.35 Reimbursement for Advisory: DHS will not reimburse costs incurred during an Advisory. § 208.36 Reimbursement for Alert. (a) Allowable casts. DHS will reimburse costs incurred during an Alert, up to the dollar limit specified in the Alert Order, for the following activities: (1) Personnel costs, including . Backfill, incurred to prepare for Activation. (2) Transportation costs relating to hiring, leasing, or renting vehicles and drivers. (3) The administrative allowance provided in § 208,41 of this part. (4) Food and beverages for Task Force Members and Support Specialists when DHS does not provide meals during the .Alert. DHS will limit food and beverage reimbursement to the amount of the then -current Federal meals daily allowance published in the Federal Register for the locality where such food and beverages were provided, multiplied by the number of personnel who received them. (b) Calculation of Alert Order dollar limit. The Alert Order dollar limit will equal: (1) An allowance of 10 percent of the Task Force's Daily Cost Estimate; and (2) A supplemental allowance of 1 percent of the Task Force's Daily Cost Estimate for each 24-hour period beyond the first 72 hours of Alert. (c) Non -allowable costs. DHS will not eimburse costs incurred or relating to the leasing, hiring or chartering of ircraft or the purchase of any quipment, aircraft, or vehicles. 9200 Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations § 206.37 Reimbursement for equipment and supply costs incurred during Activation. fa) Allowobfe costs. DHS will reimburse costs incurred for the emergency procurement of equipment and supplies in the number, type, and up to the cost specified in the current approved Equipment Cache List, and up to the aggregate dollar limit specified in the Activation Order. The Director may determine emergency procurement dollar limits, taking into account previous Activation history, available funding, the ex -tent and nature cf the incident, and the current state of Task Force readiness. (b) Non -Allowable costs. DHS will not reimburse costs incurred for items that are not listed on the Equipment Cache List; fcr items purchased greater than the cost or quantity identified in the Equipment Cache List; or for any purchase of non -expendable items that duplicate a previous purchase under a Preparedness or Response Cooperative Agreement § 208.38 Reimbursement for re -supply and logistics costs Incurred during Activation. With the exception of emergency procurement authorized in the Activation Order, and replacement of consumable items provided for in § 208.43(a)(2) of this subpart, DHS will not reimburse costs incurred for re- supply and logistical support during Activation. Re -supply and logistical Support of Task Forces needed during Activation are the responsibility of the Joint Management Team. § 206.39 Reimbursement for personnel costs Incurred during Activation. (a) Compensation. DHS will reimburse the Sponsoring Agency for costs incurred for the compensation of each Activated System Member during Activation. Reimbursement of compensation costs for Activated Support Specialists will be limited to periods of time during which they were actively supporting the Activation or traveling to or from locations at which they were actively supporting the Activation. The provisions of § 208.40 of this part govern con incurred for providing fringe benefits to System Members. (b) Public Safety Exemption not applicable. DHS will reimburse Sponsoring Agencies for costs incurred by Non -Exempt System Members in accordance with 29 U.S.C.207(a) of the Fair Labor Standards Act, without • regard to the public safety exemption contained in 29 U.S.C. 207(k). In other words, DHS will reimburse Sponsoring Agencies on an overtime basis for any hours worked by Non -Exempt System Members greater than 40 hours during a regular workweek. (c) Tour of duty. The tour of duty for all Activated System Members will be 24 hours. DHS will reimburse the Sponsoring Agency for salary and overture costs incurred in compensating System Members for meal periods and regularly scheduled sleep periods during Activation, Activated System Members are considered "on - duty" and must be available for immediate response at all times during Activation. (d) Regular rate. The regular rate for purposes of calculating allowable salary and overtime costs is the amount determined in accordance with § 208.39(6)(1) through (3) of this subpart. (e) Procedures for calculating compensation during Activation. A Sponsoring Agency or Participating Agency must; (1) Convert the base hourly wage of any Non -Exempt System Member regularly paid under 29 U.S.C. 207(k) to its equivalent for a 4D-hour work week; (2) Convert the annual salary of any salaried Non -Exempt System Member to its hourly equivalent for a 40-hour workweek; (3) Calculate the daily compensation of Exempt System Ivlembers based on their current annual salary, exclusive of fringe benefits; (4) Calculate the total number of hours worked by each System Member to be included in the Sponsoring Agency's request far reimbursement; and (5) Submit a request for reimbursement under § 208.52 of this part according to the following table: If the Sponsoring Agency or Participating Acency ` • ` And the Sponsoring Agency or Participating Agency' Then the following compensation costs are allowable: (f) Customarily and usually compensates Ex- empt System Members by paying a salary, but not overtime, (ii) Customarily and usually compensates Ex- empt System Members by paying a salary but not overtime (iii) Customarily and usually compensates Ex- empt System Members by paying a salary and overtime, (iv) Customarily and usually compensates Non - Exempt System Members by paying overtime a tte r 40 hours per week, Does not customarily and .usually grant com- pensatory time or other form of overtime substitute to Exempt System members. Customarily and usually awards compen- satory time or other overtime substitute for Exempt System Members for hours worked above a predetermined hours threshold (for example, the Sponsoring Agency custom- arily and usually grants compensatory time For at hours worked above 60 in a given weak). Customarily and usually calculates overtime for Exempt System Members by paying a predetermined overtime payment for each hour worked above a predetermined hours threshold,. Does not customarily and usually grant com- pensatory lime or other form of overtime substitute to Non -Exempt System members,. The daily compensation equivalent calculated under §208.39(e)(3) of this part for each Activated Exempt System Member for each full or partial day during Activation. The daily compensation equivalent calculated under §208.39(e)(3) of this part for each Activated Exempt System Member for each full or partial day during Activation AND the dollar value at the time of accrual of the compensatory time or other overtime sub- stitute for each Activated Exempt System Member based on the duration of the Acti- vation. The daily compensation equivalent calculated under §208.39(e)(3) of this part for each Activated Exempt System Member for each full or partial day during Activation AND the predetermined overtime payment for each hour during the Activation above the pre- viously determined hours threshold for each Activated Exempt System Member. For each seven-day period during the Activa- tion, the hourly wage of each Activated Non -Exempt System Member for the first 40 hours AND the overtime payment for each Activated Non -Exempt System Mem- ber for every hour over 40. Federal Register/Vol. 70, No. 3b/Thursday, February 24, 2005/Rules and Regulations 9201 If the Sponsoring Agency or Participating Agency` And the Sponsoring Agency or Participating Agency ` Then the following compensation costs are allowable: (v) Customarily and usually compensates Non - Exempt System Members according to a compensation plan established under 29 U.S.C. 207(k), (vi) Activates Personnel, who are customarily and usually paid an hourly wage according to the Maximum Pay Rate Table, (vii) Activates Affiliated Personnel who are cus- tomarily and usually paid a daily compensa- tion rate according to the Maximum Pay Rate Table, Does not customarily and usually grant com- pensatory time or other form of overtime substitute to Non -Exempt System Members,. For each seven-day period during the Activa- tion, the hourly wage equivalent of each Ac- tivated Non -Exempt System Member cal- culated under §208.39(e)(1) of this part for the first 40 hours AND the overtime pay- ment equivalent for each Activated Non -Ex- empt System Member calculated under §208.39(e)(1) of this part for every hour over 40. For each seven-day period during the Affili- ated Activation, the hourly wage for each Activated Affiliated Personnel for the first 40 hours and one and one-half times the hour- ly wage for each Activated Affiliated Per- sonnel for every hour over 40. The daily compensation rate for each Acti- vated Affiliated Personnel for each full or partial day during the Activation. (f) Reimbursement of additional salary and overtime costs. DHS will reimburse any identified additional salary and overtime cost incurred by a Sponsoring Agency as a result of the temporary conversion of a Non -Exempt System Member normally compensated under 29 U.S.C, 297(1) to a 4D-hour work week under 29 U.S.C. 207(a). (g) Reimbursement for Backfill costs upon Activation. DHS will reimburse the cost to Backfill System Members. Bacicfill costs consist of the expenses generated by filling the position in which the Activated System Member should have been working. These costs are calculated by subtracting the non - overtime compensation, including fringe benefits, of Activated System Members from the total costs (non - overtime and overtime compensation, including fringe benefits) paid to Backfill the Activated System Members. Backfill reimbursement is available only for those positions that are normally Backfilled by the Sponsoring Agency or Participating Agency during Activation, Employees exempt under tine Fair Labor Standards Act (FLSA) not normally Backfilled by the Sponsoring Agency or Participating Agency are not eligible for Backfill during Activation. § 208.40 Reimbursement of fringe benefit costs during Activation. (a) Except as specified in §208.40 (c) of this subpart, DHS will reimburse the Sponsoring Agency for fringe benefit costs incurred during Activation according to the following table: If the Sponsoring Agency or Participating Agency ' Then the Sponsoring Agency or Participating Agency must ' ' • Example (1) Incurs a fringe benefit cost based on the number of base hours worked by a System Member, (2) Incurs a fringe benefit cost based on the number of hours a System Member actually worked (base hours and overtime), (3) Incurs a fringe benefit cost on a yearly basis based on the number of people employed full-time during the year, Sill DHS for a pro-rata share of the premium based on the number of base hours worked during Activation. Bill DHS for a pro-rata share of the premium based on the number of hours each System Member worked during Activation. Bill DHS for e pro-rata share of those fringe benefit costs based on the number of non - overtime hours worked during Activation by System Members employed full time. The City Fire Department incurs a premium of 3 percent for dental coverage based on the number of base hours worked in a week (53 hours). The City should bit DHS an ad- ditional 3 percent of the firefighter's con- verted compensation for the first 40 hours Activation. The City Fire Department pays a premium of 12 percent for retirement based on the number of hours worked by a firefighter. The City should bit DHS an additional 12 percent of the firefighter's total compensa- tion during Activation. The City Fire Department pays workers com- pensation premiums into the City risk fund for the following year, based on the number of full-time firefighters employed during the current year. The City should bill DHS for workers compensation premium costs by multiplying the hourly fringe benefit rate or amount by the number of non -overtime hours worked during Activation by full time firefighters who are System Members.. (b) Differential pay. DHS will reimburse the Sponsoring Agency for direct costs incurred because of any; separate differential compensation paid for work performed during an Activation including, but not limited to, differentials paid for holidays, night work, hazardous duty, or other paid fringe benefits, provided such differentials are not otherwise reimbursed under paragraph (a) of this section. A detailed explanation of the differential payment for which the Sponsoring Agency seeks reimbursement must accompany any 9202 Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations request for reimbursement under this section together with identification of every fringe benefit sought under §208.40(a) of this part and the method used to calculate each such payment and the reimbursement sought from DHS. (c) DHS will not reimburse the Sponsoring Agency for fringe benefit costs for Affiliated Personnel. § 208.41 Administrative allowance. [a) The administrative allowance is intended to defray costs of the followin activities, to the extent provided in paragraph (b) of this section: (1) Collecting expenditure information from Sponsoring Agencies and Participating Agencies; (2) Compiling and summarizing cost records and reimbursement claims; (3) Duplicating cost records and reimbursement claims; and (4) Submitting reimbursement claims, including mailing, transmittal, and related costs. (b) The administrative allowance will be equal to the following: (1) If total allowable costs are less than $100,000, 3 percent of total allowable costs included in the reimbursement claim; (2) If total allowable costs are S100,000 or more but less than $1,000,000, $3,000 plus 2 percent of costs included in the reimbursement claim greater than $100,000; (3) If total allowable costs are S1,000,000 cr more, $21,000 plus 1 percent of costs included in the reimbursement claim greater than $1;000,000. § 208.42 Reimbursement for ether administrative costs. Costs incurred for conducting after - action meetings and preparing after - action reports must be billed as direct costs in accordance with DHS administrative policy. §208.43 Rehabilitation. DHS will reimburse costs incurred to return System equipment and personnel to a state of readiness following Activation as provided in this section. (a) Costs for Equipment Cache List items—(1) Non -consumable items. DHS will reimburse costs incurred to repair or replace any non -consumable item on the Equipment Cache List that was lost, damaged, destroyed, or donated at DHS direction to another entity, during Activation. For each such item, the Sponsoring Agency must document, in writing, the circumstances of the loss, damage, destruction, or donation. (2) Consumable items. DHS will reimburse costs incurred to replace any consumable item on the Equipment Cache List that was consumed during Activation. (3) Personnel costs associated with equipment cache rehabilitation. DHS will reimburse costs incurred for the compensation, including benefits, payable for actual time worked by each person engaged in rehabilitating the equipment cache following Activation, in accordance with the standard pay policy of the Sponsoring Agency or Participating Agency and without regard g to the provisions of § 208.39(e)(1) of this part, up to the number of hours specified in the Demobilization Order. Fringe benefits are reimbursed under the provisions of § 208.40 of this part. (b) Costs for personnel rehabilitation. DHS will reimburse costs incurred for the compensation, including benefits and Backfill, of each Activated System Member regularly scheduled to work during the rehabilitation period specified in the Demobilization Order, in accordance with the standard pay policy of the Sponsoring Agency or Participating Agency and without regard to the provisions of § 208.39(e)(1) of this part. (c) Other allowable costs—(1) Local transportation. DHS will reimburse costs incurred for transporting Task Force Members from the point of assembly to the point of departure and from the point of return to the location where they are released from duty. DHS will also reimburse transportation costs incurred for assembling and moving the equipment cache from its usual-place(s)— of storage to the point of departure, and from the point of return to its usual place(s) of storage. Such reimbursement will include costs to return the means of transportation to its point of origin. (2) Ground transportation. When DHS orders a Sponsoring Agency to move its Task Force Members and equipment cache by ground transportation, DHS will reimburse costs incurred for such transportation, including but not limited to charges for contract carriers, rented vehicles, contract vehicle operators, fleet vehicles, fuel and associated transportation expenses. The Director has authority to issue schedules of maximum hourly or per mile reimbursement rates for fleet and contract vehicles. (3) Food and beverages. DHS will reimburse expenditures for food and beverages for Activated Task Force Members and Support Specialists when the Federal government does not provide meals during Activation. Reimbursement of food and beverage costs for Activated Support Specialists will be limited to periods of time during which they were actively supporting the d Activation or traveling to or from locations at which they were actively supporting the Activation. Food and beverage reimbursement will be limited to the amount of the then -current Federal meals and incidental expenses daily allowance published in the Federal Register for the locality where such food and beverages were provided, multiplied by the number of personnel who received the same. §208.44 Reimbursement for other costs. (a) Except as allowed under paragraph (b) of this section, DHS will not reimburse other costs incurred preceding, during or upon the conclusion of an Activation unless, before malting the expenditure, the Sponsoring Agency has requested, in writing, permission for a specific expenditure and has received written permission from the Program Manager or his or her designee to make such expenditure. (b) At the discretion of the Program Manager or his or her designee, a request for approval of costs presented after the costs were incurred must be in writing and establish that (1) The expenditure was essential to the Activation and was reasonable; (2) Advance written approval by the Program Manager was not feasible; and (3) Advance verbal approval by the Program Manager had been requested and was given. §208.45 Advance of funds, At the time of Activation of a Task Force, the Task Force will develop the documentation necessary to request an advance of funds be paid to such Task Force's Sponsoring Agency. Upon approval, DHS will submit the documentation to the Assistance Officer and will request an advance of funds up to 75 percent of the estimated personnel costs for the Activation, The estimated personnel costs will include the . salaries, benefits, and Backfill costs for Task Force Members and an estimate of the salaries, benefits and Backfill costs required for equipment cache rehabilitation. The advance of funds will not include any costs for equipment purchase. § 208.46 Title to equipment. Title to equipment purchased by a Sponsoring Agency with funds provided under a DHS Response Cooperative Agreement vests in the Sponsoring Agency, provided that DHS reserves the right to transfer title to the Federal Government or a third party that DHS may name, under 44 Ult. 13.32(g), when a Sponsoring Agency indicates or emonstrates that it cannot fulfill its i Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9203 obligations under the Memorandum of Manager any determination made under consent of the Sponsoring Agency, no Agreement. § 208.60 of this part to disallow more than one such time extension will §§ 208 47-208 50 reimbursement of an item of cost: . be allowed for any stage of the (1) The appeal must be in writing and reimbursement and appeal processes. submitted within 60 days after receipt of DHS's written notice of disallowance §208.64 Administrative and audit under § 208.60 of this part. requirements. (2) The appeal must contain legal and (a) Non -Federal audit. For Sponsoring factual justification for the Sponsoring Agencies and States, requirements for Agency's contention that the cost is non -Federal audit are contained in 44 allowable, CFR 13.26, in accordance with OME (3) Within 90 days after DHS receives Circular A-133, Audits of States, Local an appeal, the Program Manager will Governments, and Non -Profit review the information submitted, make Organizations. such additional investigations as (b) Federal audit. DHS or the General necessary, make a determination on the Accounting Office may elect to conduct appeal, and submit written notice of the a Federal audit of any payment made to determination of the appeal to the • a Sponsoring Agency or State. Sponsoring Agency. § 208.65 Mode of transmission. §208.52 Reimbursement procedures. (b) Final appeal. (1) If the Program (a) General. A Sponsoring Agency Manager denies the initial appeal, in When sending all submissions, must present a claim for reimbursement whole or in part, the Sponsoring Agency determinations, and requests for to DHS in such manner as the Director may submit a final appeal to the Deputy supplemental information under this specifies . Director. The appeal must be made in subpart, all parties must use a means of (b) Time for submission, (1) Claims for writing and must be submitted not later delivery that permits both the sender reimbursement must be submitted than 60 days after receipt of written and addressee to verify the dates of within 90 days after the end of the notice of DHS's determination of the delivery. Personnel Rehabilitation Period initial appeal. § 208.66 Reopening of claims for specif ed in the Demobilization Order. (2) Within 90 days follow ing the retrospective or retroactive adjustment of (2) The Director may extend and receipt of a final appeal, the Deputy costs. specify the time limitation in paragraph Director will render a determination and (a) Upon written requestby the (b)(1) of this section when the notify the Sponsoring Agency, in Sponsoring Agency DHS will reopen the Sponsoring Agency justifies and writing, of the final disposition of the time period for submission of a request requests the extension in writing. appeal. for reimbursement after the Sponsoring §§ 208.53-208.59 [Reserved] (c) Failure to file timely appeal. If the Agency has submitted its request for Sponsoring Agency does not file an reimbursement, if: § 208.60 Determination of claims. appeal within the time periods specified (1) The salary or wage rate applicable When DHS receives a reviewable in this section, DHS will deem that the to the period of an Activation is claim for reimbursement, DES will Sponsoring Agency has waived its right retroactively changed due to the review the claim to determine whether to appeal any decision that could have execution of a collective bargaining and to what extent reimbursement is been the subject of an appeal. agreement, or due to the adoption of a allowable. Except as provided in § 208.63 Requestby-DHS for supplemental ' generally applicable State or local law, § 208.63 of this part, DHS will complete information. ordinance or wage order or a cost -of - its review and give written notice to the (a) At any stage of the reimbursement living adjustment; Sponsoring Agency of its determination and appeal processes identified in this (2) The Sponsoring Agency or any within 90 days after the date DHS subpart, DHS may request the Participating Agency incurs an receives the claim. If DHS determines Sponsoring Agency to provide that any item of cost is not eligible for supplemental information that DHS reimbursement, its notice of considers necessary to determine either determination will specify the grounds a claim for reimbursement or an appeal. on which DHS disallowed reimbursement. The Sponsoring Agency must exercise its best efforts to provide the Agency from including the adjustment §208.61 Payment of claims. supplemental information and must of costs in its original submission, submit to DHS a written response that (c) The Sponsoring Agency must DHS will wrhich a Sponsoring eoalingallAgency notify DHS as early as practicable that costs for which a Sponsoring Agency includes such supplemental information it anticipates such a request. requests reimbursement within 30 days as the Sponsoring Agency is able to after DHS determines that provide within 30 days after receiving §§ 208.67-208.70 [Reserved] reimbursement is allowable, in whole or DHS's request. in part, at any stage of the (b) If DHS makes a request for Dated: February 3, 2005. reimbursement and appeal processes supplemental information at any stage Michael D. Brown, identified in this subpart. of the reimbursement and appeal Under Secretary, Emergency Preparedness processes, the applicable time within and Response, Department of Homeland which its determination of the claim or Security. appeal is to be made will be extended (FR Doc. 05-3102 Filed 2-23-05; 8:45 am] by 30 days. However, without the BILLING CODE 9110-69-P {Reserved] Subpart D—Reimbursement Claims and Appeals § 208.51 General. (a) Purpose. This subpart identifies the procedures that Sponsoring Agencies must use to request reimbursement from DHS for costs incurred under Response Cooperative Agreements. (b) Policy. It is DHS policy to reimburse Sponsoring Agencies as expeditiously as possible consistent with Federal laws and regulations. • §208.62 Appeals. (a) Initial appeal. The Sponsoring Agency may appeal to the Program additional cost because of a legally - binding determination; or (3) The Deputy Director determines that other extenuating circumstances existed that prevented the Sponsoring Affiliated Personnel Point of Notification Appendix C Name: [ Phone Number [ Email: [ City of Miami Master Report Resolution R-10-0184 city Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 10-00421 Version: 1 Enactment Date: 5/13/10 Controlling Office of the Ciiy Status: Passed Body: Clerk Title: A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2010 - DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), URBAN SEARCH & RESCUE READINESS COOPERATIVE AGREEMENT", AND APPROPRIATING FUNDS, IN THE ESTIMATED AMOUNT OF S1,041,900, CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE, TO ACQUIRE EQUIPMENT, TRA T'JG, SUPPORT, ADMINISTRATIVE AND PROGRAM MANAGEMENT, EQUIPMENT CACHE PROCUREMENT, MAINTENANCE AND STORAGE, AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECU 1 E THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. Reference: Introduced: 3/31/10 Name: Revenue Froj.-FY 2010 FEMA Agreement Requester. apartment of Fire -Rescue Notes: Cost: Final Action: 5/13/10 Sections: Indexes: Attachments: 10-00421 Legislation.pd 10-00421 Summary Form.pdf 10-00421 Fund Title.pdf, 10-00421 Grant Application Package.pdf, 10-0042] USAR Guidance Kit.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result I Office of the City 5/3/10 Reviewed and Attorney Approved 1 City Commission 5/1 3/1 0 ADOPTED City of Miazni Page I Printed on 622/20I A motion was made by Frank Carollo, seconded by Richard Dunn II, that this matter be ADOPTED. Chair Samoff: All right, so I think we're at RE2, am I correct, gentlemen? And there's the biggest man in the room. Maurice Kemp (Fire Chief): Tallest. Chair Samoff Good afternoon, Chief. Chief Kemp: How you're doing? Chair Sarnoff. Go ahead, you can present. Fire Chief Kemp: Maurice Kemp, Fire chief. You have a resolution of the Miami City Commission establishing a new special revenue project entitled "Fiscal Year 2010 - Departrnent of Homeland Security FEMA (Federal Emergency Management Agency), Urban Search and Rescue Readiness Cooperative Agreement", and appropriating funds in the amount ofS1,041,900, consisting ofa grant from FEMA to be used by the Department of Fire -Rescue for equipment, training, administrative, and program management for the Urban Search and Research Team, Florida Task Force H. Chair Samoff. All right. Is there a motion? Vice Chair Carollo: So moved. Commissioner Dunn: Second. Chair Samoff: Motion by the Vice Chair, second by Commissioner Dunn. Its a public hearing. Let me open it up to the public. Anybody wishing to be heard on RE.2, which is the Urban Search and Rescue Readiness Cooperation Agreement? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission {Collectively): Aye. Chair Samoff: Okay. Fire Chief Kemp: Thank you. Chair Samoff: Thank you, .Chief. The motion carried by the following vote: Aye: 5 - Frank Carollo, Wifredo (Willy) Gort, Marc David Samoff, Francis Suarez and Richard Dunn II 1 Office of the Mayor 5/24/10 Signed by the Mayor Office of the City Clerk 1 Office of the City Clerk 5/25/10 Signed and Attested by City Clerk City of Miami Page 2 printed on 6/22/2011 City of Miami Legislation Resolution City Hall 350D Pan American Drive Miami, FL 33133 wvw.miamigov.com File Number: 10-0042 ] Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2010 - DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), URBAN SEARCH & RESCUE READINESS COOPERATIVE AGREEMENT", AND APPROPRIATING FUNDS, IN THE ESTIMATED AMOUNT OF $1,041,900, CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE, TO ACQUIRE EQUIPMENT, TRAINING, SUPPORT, ADMINISTRATIVE AND PROGRAM MANAGEMENT, EQUIPMENT CACHE PROCUREMENT, MAINTENANCE AND STORAGE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS IN.ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. WHEREAS, the City of Miami ("City") has been awarded a grant, in the estimated amount of $1,041,900, from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA"); and WHEREAS, pursuant to grant stipulations, said funds will be used by the Department of Fire -Rescue for the acquisition of specialized equipment, provide training, management, and administration of the South Florida Urban Search and Rescue ("USAR") Program; and WHEREAS, it is appropriate far the City Commission to authorize the City Manager to accept said grant and to establish a special revenue project for the appropriation of said grant award; NOW, THEREFORE, BE IT RESOLVED BY .THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The following new Special Revenue Project is established and resources are appropriated as described below: FUND TITLE: Fiscal Year 2010 Department of Homeland Security - FEMA-USAR Cooperative Agreement RESOURCES: Federal Emergency Management Agency $1,041,900 APPROPRIATIONS: to acquire equipment, training, support, administrative $1,041,900 and program management, equipment cache procurement, City of Miami Pagel of 2 File Id:10-00d21 (Version 1) Printed On: 4/27/2010 File Number. 10-00421 maintenance and storage Section 3. The City Manager is authorized{1} to execute the necessary documents in order to implement the acceptance of said grant. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS.- JULIE O. BRU CITY ATTORNEY \Ay Footnotes: {1} The herein authorization is further subject to compliance with at requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 1 oft File Id: 1040421 (Version: 1) Printed On- 4/77/1010 FUND TITLE_ RESOURCES: Department of Homeland Security-FEMiA- USAR-Cooperative Agreement ' Fiscal Year 2010 Federal Emergency Management Agency ("FEMA") $1,041,900 APPROPRIATIONS: $1,041,900 . FY 2010 — Department of Homeland Security — Federal Emergency Management Agency ("FEMA") — Urban Search and Rescue ("USAR") — Readiness Cooperative Agreement ATTEST: cilia A. Thompson City Clerk APPROVED AS TO FORM AND CORRECTNESS: Julies Bru City Attorney� CITY OF MIAMI, FLORIDA y E. Crapp, Jr, City Manager APPROVED. AS TO iNSU „NCE REQU!RENMENT,S: Gary Reshefsky, birect&r Risk Managemen ivision Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact: CIP r using or ruxiv. (;rants Purch.. ., Chief 1' AEtg'DA ITEM SUMMARY FORM FILE ID: (0'"b CDC} Zt Date: 4/5/2010 Requesting Department: Fire -Rescue Commission Meeting Date: acIn District Impacted: All Type: X Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other Subject: `FY-2010 Department of Homeland Security —Federal Emergency Management Agency ("FEiv,A"); Urban Search & Rescue ("USAR") Readiness Cooperative Agreement Law Department Matter ID No. 10-1113 Purpose of Item: Adopt a Resolution to establish a special revenue project entitled: 'FY 2010 - Department of Homeland Security — ("FEMA") Urban Search and Rescue ("USAR") Readiness Cooperative Agreement" for Florida Urban Search and Rescue ("UASR") Task Force {FY 2010) and appropriating funds in the estimated amount of S1,041,900, consisting of a grant from the Department of Homeland Secm-ity, Federal Emergency Management Agency ("FEMA"). Background Information: The Department of Homeland Security has annually awarded a grant to the South Florida Urban Search and Rescue ("USAR") Task Force 2, for the continued operation of the City's ("USAR") Program. Said grant award for Fiscal Year 2010 is in the estimated amount of S1,041,900 commencing May 1, 2010 through October 31 st, 2011. It is now appropriate to accept said grant award, establish a special revenue project, and appropriate the estimated amount of S1,041,900 grant award therein for said fiscal year. Budget Impact Analysis NO Is this item related to revenue? NO Is this item an expenditure? If so, please identify funding source below. General Account No: Special Revenue Account No: CIP Project No: , NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? 1 S 1,041,900.00 Final Approvals (SIGN AND DATE1 si Budget Risk Manageme Dept, Director City Manager Page 1 of 1 GRAN .G Ot.," Grant Application Package Opportunity Title: Offering Agency: CFDA Number: CFDA Description: Opportunity Number: OHS -10 -IX:D-02 5-000-01 Competition ID: Opportunity Open Date: 1 D2/25/2010 Opportunity Close Date: Agency Contact: Motional Dr an Search Arad Rescue IUSPR) Response Syste©J IDepartment cf Homeland Security - MTh 97.025 :a tional Urban Search and Rescue LP.) Response System! 0 3/15 /2 0 10 Catherine Seel esponse Directorate , Operations Division, Urban Search d Rescue Branc-h Phone: 202-696-3796 E-mail: Catherine . Dee lf fenia . gov This opportnn Hy is only open to organtrations, applicants who are submitting grant applications on behalf of a com any, Plate, local or tribal government academia, or other type of organization. Application Ring Nana: Mandtty Documents Optional Documents ICity of Miami - Florida Task Force II Attach.= te Disclosure cf Lobbying Activities iSF-LLL) TA-TetiaT6-1§-til Mae Form as Mandato Documents for Submission Comptes Move Form to Dee.° Applica tion for Federal Assistance (SF-4211 Assurances for Non --Construction Programs (SF-52 Grants . goy Lobbying Form Move Firs to Optional Documents for Submission Sulantmion Move Ferro to Delete 'c0.1.43t1a04g4W.-451t5qa4Ml:WD15g4,Ygn Enter a name tor the oPPlIcation in the Application Filing Name field. -This appkation can be =molded In es entirety offiine; however, you will need to Crain to the Grants,gov wet -site during the subrrison prrioev=. - You can save your application al any time by cling the -Save" button el the top of your screen. -The -save a submit- biro., we not be ham:come until at require4 date wide in the application We completed end you ciloked'on the "ail' teak PetelenDe for En"."" NliOn amd confirmed all dale required data bids are completed. Open and complete an of the documents fisted In the "'Mandatory Doc -um en&" boo. Complete the 6 F-424 form first C) - II ls recemmended the( the SF-424 form be the first form comp/eted for the application package. Data entered on the SF-424 will populate data icicle In dher mandatory and optional lorms end the user caring enter data In these fields- - The forms listed In the Nanderomy Documents` box anct "Optionat Ooropmentsmay be predefined forms. such as SF-424, forms whore a document needs to be efLaohed, such r. the Project Naerelive or a combination of bath. "Mandatory DO.LIMehLe are required fcv this appfi.lion 'Optional Documents" can be used to provide add -Banal support fix this appficalion or may be rernered in -specific types of grant a:livity. Reference the appfication package Instructions for more information repereting 'Optional Documents'. • To open end complete a form, simply click on the forMs name la salted the Item and then d101 en the oti button. This ell move the document to ete eppropriale "Docurnonis for Submission' box end the lorrn wf be automatically added to your application package. To vice the form, SCIct down the screen or select the form nacre and eicir on the TPA. F.,ti" bullon b began compleing the required data beds. To remove a /ormrdocumerd from the -Diganents for Subression" box, sick the doarriont name to aolog It end then cick the <= button. This wit return the formrdocumere to the 'Mandatory Docannerds' or "Optional Documents' bort - Af documents 6 sled In the "i:landericry Documents' box must be moved In the "Mandatory Documents for Submission' box. When you open n required form. the fields which mut be completed ere higldiplited In yenow with a red border, Optional fields and completed fields are deployed in while. If you enter Invalid or incomplete information in II tierei, you will recaelve an error message. Crack the ''Save & Submit. button to submit your application to Grants-gov. -Once you -have properly completed all raqtared dociments and *Inched arry required or optional documentation, save the corpletecf application by odcking on the *Save" button. -Cbd on The -Check Package for Entre' button to ensure that you have completed all required dale fields. Coned any errors or If none are found, save the appicetion -Peckatira - The "Save & SilbmIr button vAll become wive; dick on the "Ssrve & Submr bottom to begin the application aubmiesioll Proms& - Too wtil be taken to the applicant login page to enter your Grants,gov usemame and password. Fallow all onscreen Inslruclions for sUbmIssion. OMS Number: 404D-OOD4 Eoplratim Date 03'31/2012 Appiicatio, for Federal Assistance SF-424 1. Type d Submissian; Preappll a on OX Applcatbn ChangedtCorreded Appll�tian ' 2. Type dAppGcatIon: QX New Continuation (� Revision 'If Revision, melee appropriate felter(s): Other (Spa7); 3. Dale Received: lm25¢Ot 0 Sa. Federal Entity Iderdifer. 4. Applicant Ide.YJer. State Use Onty: f. Dale Reaeived by Stale.: B. APPUCAhT INFORMATION: Legal Name: I- 5b. Fedona AwardIdereifier. 7. Stale Aoptiation identrler. City of lHiaa•.i - Florida Task Force I2 b. Employer/Taxpayer id°.ntific b Ntmnber (EN/TIN): 159-6000375 c Organ¢a-oa, al DUNS: 10722207010000 d. Address: Streets: Stre=t2 ' City' Coutty/Paristt • Slate: Province: 'County •Mp f Postal Code 11150 SW 22ND STREET FRN1 ( Fl: Flcrida USA: UNITED STATES 133129-2730 Organizational Unit Department Name 1 Division Name f. Name and contact Information of person to be contacted on matters Involving this application: Prefix Middle Name: ' Last Name: Suarrr. First Name: !JOSEPH IZAHRAS.BAN ICRPTASN Orpan¢st Atfdialion: 'Telephone Number. ' Ernst 1786-256-511E IUSAR@HIAHIGOY. CON Fax Number. 1305-400-5090 1 Application for Federal Assistance SF-424 • S. Type of Applicant Select Applicant Type: IC: ty or Township Gov ernment Type or Applinaril 2 Soled Appimal Type: Type ofkopkent 3: Seled Appkanl Type: ' Other (specify): • 10. Name of Federal Rgency: illepartm.nt of Homeland Security - EMMA 11. og of Federal Domestic Assistance Number. 197.025 CFDA Tele: National Urban Search and Rescue (IISZP.) Response System 12. Funding Opportunity Humber DRS-10-303-025-00 0 -01 National Urban Search And Rescue (USSR) Response System 13, mpention Identification Number: TrLia 14. Areas Affected by Project {Cities, Counties, States, etc.): xftLmigrl '1E. Descriptive Title of Applicant's Project Osten Search & Rescue Response System Math annealing documents as specified in agency instrudions. <dd A5c4nie51"1 IVAkopowilq ki,Wd4m7wg1 Application for Federal Assistance SE-424 16. Congressional Districts Of: ' e. Applicant 0 b. ProrxrPrxd Attach en adltional109 of PrograrnfProjacf Corkdressional Distrds t. matted. 17. Proposed Project ' a Ste Dale 105/01/2010 1 • h. En 0 Dele 10_ Estimated Funding ($): 110/31/2010 'a Fedem/ Apphal a Stale • d. Local Other 1. Piu9,p.r income 'g. TOTAL 1, 041, 900.00) 0.001 0_001 0.00 0.001 0.00 1,091,900.001 19. Ls Application Su4eat to Review By State Under Executive Order 12372 Process? 0 a. This appk:ation was made avaeable lo the State underthe Executive Order 12372 Process tbrravew on b. Program is sulect lo EO. 12372 but has not been selected by the Stale for review. c. Program is nut covered by E.O. 12.372. " 20. Is the Applicant Deflriquirt On Arty Federal Debt? Of "Yes," provide explanation In atachment) {3 Yes g No if "Yee, provide explanation and attach PA:agEOTE.ratf R5I1F405670 21. '13y stoning this application, !certify (1) to the statements contained In the list of certffIcations" and /Z) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms III accept an award. I am aware that any false, 5clitious, or fraudulent statements or claims may subject me lc criminal, civil, or administrative penalties. (U.S. Code, 71t10218, Section 1001) AGREE The 901 atrIllicalions erre assurances, ot an internal she share you may obtain ttas its:, is contained in the announcement or agency spere.ersiructions. Authorized Representative: Prefix Wale Name: *Last Name: Suffix • Tale: 'First Name: IJOSEPI-I IZARRALBAii )CAPTAIN 'Telephone Number: ' 1766-256-5116 losiaketiimaGorv.com f Fax Number. 1305-400-5090 Signature of Authodzed Representative: pOSEPRZAHnALBAN ' Dale Signed !01252010 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned ceril es, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been pall or will be paid, by or on bshslf of the undersigned, to any person for influencing or attempting to Influence en officer or employee of an agency, a Member of Congress, an officer or empbyee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contrast, the making Many Federal gram, the maldng of any Federal ban, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, ban, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, ban, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,^ to accordance with its instructions. (3) The undersigned shall require that the language of this ceriic tbn be included in the award documents for at subawards at at hers (including subcontracts, subgrants, and contracts under grans, bans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, This certification is a material represernation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this ceriificaiion is a prerequisite for mating or entering into this transaction imposed by sedion 1352, Title 31, U_S. Code. Any person who fails to file the required certifrztion shall be subject to a civil penalty of not less than 510,00 0 and not more than 5100,000 for each such failure. Staten, rt for Loan Guarantees and Loan Insurance The undersigned stales, to the best of his or her knowledge and belief, that: if any funds have been paid or wilt be paid to any person for infiuendng or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United Stales to insure or guarantee a ban, lib undersigned shall complete and submit Standard Form -I I 1 'Disclosure of Lobbying ActivitL s; in accordance with its insirudions. Submission of this statement is a prerequisfle for making or entering into the transaction imposed by sedan 1352, title 31, U.S. Code. Any person who fats to file the required statement shall be sables t to a civil penally of not less Man 510,000 and not more than 5100,000 for each such failure. `APPLICANTS ORGAN?AT1ON City of Miami - Florida Task Force SI PRINTED NA11E AND TITLE OF AUTHORZED REPRESENTATIVE Prefix I J • First Name: • Last Name: Title: 12AH5ALnrJ }JOSEPO ICAPTA. LN SIGNATURE: !JOSePH ZAHRAL.HAN Middle Name: Suffix: DATE: 103/25/2010 OMB Approval No.: 4040-0007 EzpiraUon Date:97/3012010 ASSURANCES -NON-CONSTRUCTION PROGRAtds Public reporting burden for this collection of information is estimated to average 15 minutes per response. including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of inforrnafion. Send comments regarding the burden estimate or any other aspect of this collection of information, induding suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND fT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further certain Federal awarding agencies may require applicants to certify 10 additional assurances. If such is the case, you will be notified. As the duly authored representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this appficefion. 2. WIII give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the tight to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Wdl comply with the Intergovernmental Personnel Ad of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations spedfied in Appendix A of OPM's Standards fora Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Witt comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title Vi of the Civil Rights Act of 1954 (9.L 88-352) which prohibits discrimination on the bass of race, color or national origin; (b) Trtte IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1581- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Sermon 504 of the Rehabilitation Previous Edttlon Usable Ad of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-5t07), which prohibits disaiminafion on the basis of age; (e) the Drug Abuse Office and Treatment Ad of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Afwse and Alcoholism Prevention, Treatment and Rehabilitation Ad of 1970 (P.L. 91-516), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIiI of the Civil Rights Art of 1938 (42 U.S.C. §§3501 et seq.), as .amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements Many other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles i1 and ill of the Uniform Relocation Assistance and Reat Property Acquisition Policies Act of 1970 (P.L 91-545) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1505 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 'Standard Form 4245 {Ref. 7-97) Authorized for Local Reproduction Prescribed by OMB circular A-102 9. Will comply, as applicable, with the provisions of the Davis - Bacon Acl (40 U.S.C. §§2T6a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Ad (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Ad of 1973 (P.L 93-234) which requires redpients in a special flood hazard area to partidpale In the program and to purchase flood insurance if the total cost of insurable construction and acquisition Is $10,000 or more. i 1. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 195e (P.L 91-190) and Executive Orda-(EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in tloodptains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Ad of 1972 (15 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 (J.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Ad of 1974, as amended (P.L 93-523); and, (h) protection of endangered species under the Endangered Spades Act of 1973, as amended (P.L 93- 205). 12. V511 comply with the Wild and Scenic Rivers Ad of 1955 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance . with Section 106 of the National Historic Preservation Ad of 1956, as amended (16 U.S.C. §470), EO 11593 (identification and protedion of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protedion of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Ad of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held -for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, *Audits of States, Local Governments, and Non -Profit Organotions." 18. Will comply with all applfable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. • SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL 'JOSEPH SAHBALEAtS TITLE CAPTAIN APPLICANT ORGANIZATION 'city of Miami - Florida Task Force II ' DATE SUBMfTTED 03/25/2010 Standard Fern 4248;Rev. T-97) Sack Grant Program Function or Activity (a) uSS 4a, Readiness; orant Anministration 4 Hnnaq®ent Tz�lninq Equipment storage maintenance Totals Catalog of Federal Domestic Assistance Number 97.02E (b) BUDGET INFORMATION - Non -Construction Programs SECTION A - BUDGET SUMMARY Estimated Unob Igated Funds Federal Non -Federal $ $ L Federal (o) 1,041,900.00 OMB Approval No. 4040-00C; Expiration bate 07/30/2010 New or Revised Budget Non -Federal (0 Total (g) 1,041,900.00 1,041,000.001 1,041,900.0 Standerd Form 424A (Rev. 7- 97) Prescribed by OMB (Circular A -102) Page 1 6. ObJect Class Categories a. Personnel b. Fringe Beneflts c. Travel d. Equipment e. Supplies f. Contractual g. Construction h. Other I. Total Direct Charges (sum of oe-6h) J. Indirect Charges k. TOTALS (sum of 61 and 6J) 7. Program Income SECTION B - BUDGET CATEGORIES U99yA Aeadibeae aunt Administration Management 439,000.00 00,779.00 88,000.00 13,200.00 5,000.00 00,200.00 0.00 094,629.00 0.00 094,629.00 GRANT PROGRAM FUNCTION OR ACTIVITY 25,000.00 54,000.00 0.00 0.00 0.00 09,000.00 09,000.00 Authorized for Local Reproduction 0.00 0.00 0.00 160,271.00 160,371.00 158,271.00 100,000.00 100,000.00 100,000.00 Total () '487,000.00 09,770.00 120,000.00 171,781.00 6,000.00 191,260.00 Standard Form 424A (Rev. 7-97) Prescribed by OMB (Circular A -102) Pape IA (a) Grant Program 13. Federal 14. Nen-Federal 16. TOTAL (sum of fines 13 and 14) SECTION C - NON-FEDERAL RESOURCES (b) Applicant SECTION D - FORECASTED CASH Total Twist Year NEEDS 1st Quarter (c) State 2nd Quarter Other Sources 3rd Quarter SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED ED FOR BALANCE OF THE PROJECT (a) Grant Program FUTURE FUNDING PERIODS EARS b First c Second (d) Third 17. 18. ----� _ 19. 20. TOTAL (sum of lines 16 - 19) 21. Direct Charges; 23. Remarks: SECTION F OTHER BUDGET INFORMATION 22. Indirect Charges: Authorized for Local Reproduction 0 (e)TO -ALS 4th Quarter e Fourth Standard Form 424A (Rev. 7- 97) Prescribed by OMB (Circular A -102) Page 2 Other Attachment File(s) ' Wendetory Other Attachment Filename: Ppaition Descriptions.doc tWi7;540164'6,-641 To add more 'Other Attachment" artdchmenis, please use the attachment buttons telow. to.mo.d!icz.*:$gx:*::.4!-OT70.!.nfql US&R APPLICATION TABLE OF CONTENTS Tale of Contents Sample Cover Letter bar. �,a- sr 'Prepafer.rx Goo., Inf 'g6 SF 424 - Application 424 q Budge`: SF 424 B Assurances/Certifications SF Lit Lobbying Activities Form pose of=5oPeFgttvegreem; Administration & Management Equipment tor�age-Fx:t�a�nt�nance`�r�.�� Budget Summary ,�' p ndi)xx Position D.escnptigns Appendix 2- Form for Additional Bud et Clarification Information U S&R AP P LICATIO hi CHECKLIST Nobisita x EiP7/3;i•ntkr 5'tijiM-1F5r4fgg00AkiMeEPkil'iilaO x SF 424 h (Budget Form) x a2-';:ggf;TFTE-FeAlgiVg SF12413 riaiMiragiMfT,SWiLi2M=5;60kMr kgrnFt=4tWiiMit%tt7-...i;rit Budget Narrative (Four Program. Categoty Spreadsheet) Wti-:-fri@IF.017,1,tifelitP:65.47A-d-YERAttfligliWiaTregs'afP. ;IgZi?,37,175: x ft-9Acicorreclive Adj(){1 Ran (If findings) , ° trVArTtroroab4tiirci&rib-46.1&VeZ5ATT,iieWAVit" irdirect Cost Rate Agreement adgi-Oved by odonizant govemme_nt agency (If c‘hafIng t?.direct orist) no approved rate rEiilij-Ward'at-iffbi-cfsTet;WW6fab-plairelArf,TATztafika Posibon Desaipdons (Attadi or in Appendix 1- Tab 1 ) qttjiPFliaT,:araW'BNFAPNST-eanS4OWPTcrNgAiV NOTE: THIS INFORMATION WILL POPULATE OTHER FORMS (i.e., SF FORK[ 424) PREPARER INFORMATION M. d . 40T e * rL� +t Qj y ` 4a"2yn ?_ r M--ovVIi,.1. r'�� Ca *i� V ,' .t'i yj, ri tz,} First Name Joseph .,. �L ri1�fi i•r' i�„c ^} rt . r�F r-`+• r r IlLi Last Name .. Za br''via�Ic ,. a�. -.." ��[ .; '.:,,.. .�:,•.:,.` �,�k . _�.-2� sf.?5..�, . ytY. Z�hralban 1c1..�.,_"^'. r��.,..r 3�e..�.'~-,Ghcir � '.,L '. r:J.'S, s74, - 7'• - '•' r ?+r- >_*.._ .�.. �,` •Pf�gram;Naag� •,k a._h_�4��:-;'t 1 r =icy/O� bon City of Miami - Florida Task Force II ��,1 � dlrs'4"^..��...,hs'rfi.'.r. c_._:rv•y.,=`�'.4-'tr'i...-,;1 �5� =ZZC.2_.�� Add of 2 'Pry _ -y-r,L State _ Ronda Ys 786-Z56-5118 '<s 2 F�X�rhx-" $.'r"r � �"..t:- ter,,"-y .,� - ? x. `C` .-.s f 3.w usar amiamigov.com CONTACT INFORMATION [,4 ��-sT�,'-�ti-' � :-t'-'-4-ii[� �3R�In1 ..—s�_vi= ` ��}..�-tFirst Name Joseph n Last Name baa .a 1 r Ti• e zFfiu Ag�Y/Organiation M e , = , ,•� -� City of Miami - Fbnda Tas}. For II 5150-$Vf •�'-.�_`m:. -7*efr Address Z� - '� a,�—- State m v. Miami -v1 = _: ry_ Rollo Phone -.... = -er ,.�s�e'+�.:.c .:,- zt � '��3 �k,.._�r•.=.-�- �3�9 F, �„� 786-2_56-5118 F � >. k' � ! _. L z,;Bmy 3Q5 6 5(�90' �. ; , ••-tea a�v *r-e2 � - E-mail w.r-..a.: - usar{o7miamioov.com APPLICANT INFORMATION A Q'itt-IVP om,. mac- ` ii�'' �t-I''57 ,�'r' P =� ,144 '+s"'�' r�: T'aslvEo g •ram x �,.�-�-�-��r � ��.��.��r'��.�' Organization Nam ys' ---cz' ``,___ Task �otLlI, r` 7 +a'd- I�-7 n'rw "- City of Miami Ro•ide Task Force 11 ;en -----ice J 'u nbe t- 39 OOD375 T,' sYF � �v" '= ,. ;id"` ''"' `. �' tiu z: DUNS Number 72220791 i4ddress=ly �•r �; u4 r iij r r g,t - •ElT'",`y YS50,251 22 ST_u + Yv. r �'a ter, L�,1p,- " roc Add, c5s Z J .ram = ¢ w '•La'z:�"` iml'Nl ��.T�F�'�`�r� �rr�a3z^�s...z"r ,"t Miami Dade av-,Y^-=---ram, a��: ,�s��xr�,:mil,dia rer4„��^Coun �_a�,3 `` . _lFy '"5A2C8wCai ,: �' 'm,a w..� .- ,4[w...i"J,t;wi ay1 p 33129 Minrb-7^�`^'T xF-73, ` W cirYs":-7 �r+nFm,0.4=,Vi: s'•- k Fx..-- • ,a e•.� �4,..,.=__I iPt,s+-r �t�,ra, iJnite__ __ _ -.. �.;, - � o. ' 'e. 1.: -=-4.s r1 '�dNgli' r'r,4z- ? ,77r'� - r Submission Date 10-Mar-10 Type of Applicant ;-Lure Sfond "DiSTri 7: �s��`�mi a _ z _. P.P_.,rASf.•'�,Y.�a,'da�:>�t�-§7xp'�.c�zit!•z� aG°"'�ts�w� .''�I�e�l �.'r l��''`��" `�'t�w:h •i Congressional District Project '� ' '��'"s' �� ^iri'� ri ,F>_u'%t02r X7 _.�F. a e y sxs'fi '",�+x,�1`t Nfa, ,t -VtEl" " ii aT Miic,' Authorized Representative Middle Name WA[e.i .reseTtative't: s94. fir 1. aw .: ��r�. _.._,,_... .�s;`-:-.�;-r "`� :ar_y�r.,.,,��,,.^'.vq2`-z�+�++��"' �:.t�-viryl.�.��r�yi'�y ; � .. .-`+A'� •\ .. .'M"VX ''.il.Y�.. �"�rmn.,4;�7i-� wWvii.�� Seclion 4 Praperer Cor tact Womrallan Authorized Representatrve'rite Ati114d Rep- entaUve1phune,*m r w AppUcant Identlrer Of appl cab e) _ # i. State AAp m t I463EI eri(tf'ap ligble j _t a ,*; „� r .` ` a ya a `a l Organiat3onal Unit p . ? :?1 x �: _ _: Deparhnettit; ' bra �.n V k r sc r w y� -. ry .v ,a_, Cfvklon Made avafta k.;15 £01e - ( svar Y or N y;... Date Reviewed IF app ieaO e) 17 �..-far_not covered ..N_; for r�`f;j cted Soso 1 Preperer Conlacl hifarmatIon t. APPLICATION FOR FEDERAL ASSISTANCE . 1. net tKmmu•?cvt Ve.-oIm TF.D L DATE SDBBi: r ou March 1 D, 2010 AppO:aa IbWIOs 0 APpILa5ot CmsheCEat s NarGw.UlKJim S. APPLICANT INFORMATION a.WTE RECB5ED 8Y SATE (Stale Appllnallori Maniac Pre -application Cmslru Lion 4. DATE RE:.'H.27 BY FEDOIAL AGENCY Federal Y.erWfire Non-Gona4actien So I Name: - City of M lam! - Florida Task Force 11 - Organizational Unit 0 Aodresa: 115C SW 22 5T Dies r: Organ z9ivad RUNS: ......, _. Deparanent: 0 C=!" Cary. Stele: Miami Dade Florida County United States S. EMPLOYER 1DEN71FICATI'JN NUNSER (EII•IJ: frl.6DW375 S. TYPE OF APPLICATION Malawi ❑Contlnuanon 5 Rosa, cder mprq�riale lede•(a) m bates) Soo beta of Foca for desmiplm dieters O. CATALOG OF F5']i ERAL DOM EST1C ASSISTANCE NUMBER, I TITLE: . Urban Seam & P pie RooporCe Systan • ' 15 AREAS AFFEL J cU BY PROJECT jCbUes, Counties, Stares, etc.): 'Statewide ❑Rev1ton is171 1 0 1 2 .! S.J 'Miami . involving this application Igiva area code) Nam a and telephone number or parson to be contacted on matters Prd¢ Captain Pk'sl Nana: . Joseph !Addle Name: n . Lae Nane: Zahralban.. Star Emel: tsarid•,ntemloovrom • Pone Nub ,: 7n6-255-511e 'Fee:Numb.. 2.0S-490.5090 7. TYPE OF APPLICANT: (Sae bad 5 Fenn for App5o5a1 Types) 9. NAME OF FEO1IAL AGENCY: US Department or kiomoland Sanutty l FO:eral Ernerpency Management Agency /Fait) 11. (1 CRIPTfVE 711 E OF APPLICANTS PRO.LSCT: : ' Urban 50055 6 Rescue Response System' 12. PROPOSED PROJECT: Coordinate SlztAny4e Emergency Managemst Pr 15r , 14. CONGRES1ONAL LeSTRICTS OF �• - natA. Ending Dom: a. AnP1.nt 9. PruJe-1 5. ESTIMATED FUNDING. A Fedai P41907 . 90 b. App5aM G Slate Q Lora Other Prng-am Income 90 10. 5 APPLICATION SUBJECT TO REVIEW BY STATE E. c0L171VE ORDER 12372 PROCESS? A YES ❑THIS PREAP..t.CASSDN/A.PIJCATON WAS MADE AVM Ant F TO THE STATE EXEC-UTJE ORDER 12372 PROCESS FOR REVEW ON: DATE January D, 1900 3 /) lb, NO. nSE.EPROGRAM IS NOT COYP.5 BY E.0. 12272 111IJ�� .' (, i CJ EY STATE FOR REVIEW OR PROGRAM HAS NOT BE3 p. TOTAL_ 17. 15 THE 555054NT OELINOUENj ON ANY FEDERAL DEBT? nYes If 'Yes,' aeach en ten cn MNo 1a. TO THE BEST OF MY KNOWLEDGE AND BELJEF, ALL DATA IN THIS APPUCATIONIPREAPPLICATIDN ARE TRUE AND CORRECT, THE THE DOCUMENT HAS 805N DULY AUTHORI2ED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. F ubiolzed Representative: Prefir JFhat None: . Joseph ' • (Middle Name: 0 .. Last Name: D b. 7Tlls D 1,041,e00 .00 Suffix c. Telephone Number d. Si5nehrr NJIhOriad Representative. /et. Date Egrwd: Prew1. _ _, . Usable .... ed Ia Loa! Raproduclion �C -2- 1 ‘ 5 ite Standard Form 424 (Rev.00.20U3) Prescribed by OMB Cita/WA-102 Section 5 SF 424 1. US&R Readiness Grant 2, 3, BUDGET INFORMATION - Non -Construction D T I ▪ -�.RM ,• ��...,a��1�.;a�:•.�z�f�-°,,bPrograms Grant Program >:. Federal t==;., ?t } r; v...:ECTIq. Function Catalog of Federal or Activity Domestic Assistance • (a) Number (b) 97.026 4, 5, Totals falkA 6. Object Class Categories a. Personnel b. Frin.e Benefits c. Travel e E ui meat . SU..IIes f. Contractual . Construction h. Other ala/�iir Ire Estimated Unobllgated Funds Federal Non -Federal c d 0.00 $0.00 •S tj;Tl( Nra.314C 1 Admin. 8 M mot $432 000.00 89,779.00 66 000.00 13,390.00 5 000.00 88,360.00 0.00 Federal e 1 041 900.00 OMB Approve! No. 0348-0044 . R2' -.1 \New or evised Budget Non -Federal Total 1 041 900.00 0.00 0.00 $1,041 900.00 0.00 LIJo;F; rCAT>GORI $0 00 $1 041 9 GRANT PROGRAM, FUNCTION 05..}�CTRITrY ,,tt .,,, r� *ca gfA � �'\;,<rr l Ag 00 R ACT(VrTY orY _r ....r:;. 2 Trainln. 3 E.ul.ment 4 Btora.a Total & Mobil $0.00 35 000.00 0.00 54 000.00 0.00 0.00 0.00 N/A i. Total Direct Char. es sum of 60-6h 0.00 . Indirect Char. es 604,529.00 0.00 ��r;rc--,. $694 J .j1 rF3 6' a fi29 00 $89 00 r 7. Pro. rem Incomei 5 a<„.,� p:s <`?? x } 7t •; 0.00 $ k. TOTALS sum of 61 end 6. Pr evious Edition Usable N/A 0.00 89,000.00 0.00 $0.00 0.00 0.00 158 371,00 0.00 0.00 0,00 158,371.00 0.00 $158 371.00 Authorized for Local Reproduction Section 6 SF 424A $0.00 0.00 0.00 0.00 0.00 100,000.00 N/A 0.00 100,000.00 0.00 $100 000.00 $467,000.00 89,779.00 120 000.00 17 1 761.00 5 000.00 188 360.00 N/A 0.00 1 041 900.00 0.00 $1 041 900 00 Standard Fomn 424A (Rev. 7-97) Presaibed by OMB ClrwlarA-102 (a) Grant Program 9. 10. 11. 12. TOTAL sum of Ilnes 8-11 13. Federal 14. Non -Federal 15..TOTAL. sum of Ilnes 13 and 14 ,na 16. 17. 18. 19. 20`TOTAL sum of lines 16-19 • a Grant Program 21.;Direct Char. es: 23_ Remarks: (d) Other Sources EC'ION' pj PQRE S. 1Eo G'AS :sNEEDS' n $ • •• s Total for 1st Year I ti4�uFi n i — iet Quarter o...i „--- �: ^s:•;n' $0.00� 0.00 $000 (b First �S,�b Eor AL a'N tOt F10PROJ GTz FUTURE FUNDING PERIODS ears ;fi1N';Ri 'RTHFR BI.)t9GT ('NFpRIVIgTI 22. Indirect Char es: Authorized for Local Reproduction Sectlon 6 SF 424A (e) TOTALS $0.00 0.00 0.00 0,00 4th quarter $0.00 (e) Fourth Standard Form 424A (Rev. 7-87) Page 2 FORM LINKS Print and fill out the forms contained in these links. Once completed, please be sure to scan and email with rest of the application packet. Send original to Program and Grants offices. SF42413 - Assurances hlip. www.oranls.00vllechtlb/SF4248-V1.1.pdf SF LLL - Disclosure of Lobby Activities http9hwx w. whil e ho us e.pov/ombio,a n is/sfll1.pdf Section 7 Form Links to 424E LLL National Urban Search 8: Rescue Response System US&R Task Force Readiness Cooperative Agreement Budget Narrative Purpose of Agreement The purpose of this Readiness Cooperative Agreement is to continue the development and maintenance of National Urban Search and Rescue (US&R) Response System resources to be prepared for mission response and to provide qualified personnel in support of Emergency Support Function-9 (ESF-9) activities under the Nrational Incident Management System (NTIMS) and the National Response Framework (NRF). Our Task Force agrees to manage the continued development and maintenance of this National US&R Response System resource. We will be prepared to provide qualified, competent US&R personnel in support of EST-9 activities under the National Response Framework. Specifically, the FY2010 US&R Grant Guidance and the accompanying budget- narra+ive provides our plan to accomplish our objectives identified by DHS/FEMA. This work plan identities the key areas that our Task Force will focus its continued readiness efforts. These key areaare admistrative and program management, training, support, equipment cache preparedness, maintenance and storage. These key areas are detailed in the Statement of Work. This Cooperative Agreement will allow our Task Force to maintain a high standard and condition of operational readiness. It is the intent of our Task Force to comply with the US&R Response System FY 2010 US&R Grant Guidance throughout the duration of this agreement. While portions of the FY2010 US&R Grant Guidance are included in the budget narranv.e, we acknowledge compliance with the FY2010 US&R Grant Guidance in its entirety. Section 8 Purpose of Agreement Artf-IMssrxAnox a KkliAGEMEl r iF7ae.�,.r+d,w�a. 1v {;¢In h rnsrot, r.�,et-a r.h rc6. 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AxnG rt 2, �`..;1. Sha A+Y?rCN-ryxM and AlarAtnjes die..a. �o'YInF We nX cv+e,'edtfhc o.her,obJ^L`�1�-.. crrX ; x� A;r r� f8 ` 2ztN��f3�d `L ti=F robe am awe w tuwma m �a ate msu sns� P�newnxi `a�xo 6oS�) h. �t s3�nrs r y!. say F STORAGE & MAINTENANCE 1,31mapc. rlerurr. . Person me/ Salaries & Fringe Senefits "Zs"'" ,TajN Fpcecur iM3WFSry d ga�nl+a:i Zfe fari:s.d7evr Fo�;{rn�}y,-z'P5' '�� .11 t R'wedricmns�rc�117n"rt F-'�ra[ed Ce9'ft�ypery�dmk7�.9ck. ,((rnsnne'fwrs ktte1. �,� :' "''r �iS...t^,,,w �•-.+� e-ry ss'' t y aFTi. (ems" rokI asap i cazfrra fir; a.eao, 12 Along. himirroaxa Sa�a�'QuiyeG x-y, . zgatig rel wl m,iba,� A� hfga R ? fd i yp.4, .usaid CT4Pe Og is r., Lr; 1f%da s a Gv?w FU ; euk'mted ,�1 s'� Frtnpi?eent Equipment Wedt.i d4 :t;,• r .4 ltM61ii.i.,- 1-d wcc.ud*i �.mrooya�staa;IP'`�� :kl�ctrme� t'�'P"�': i rc rerr+ndetx.; drmerfnv rht+R�z.au�m !my a rµsm— on cxlw tf+?• - .a pkue aat -. Eputpa,mt a o eW p e N1 tg 7s b o-cc - izxf aa� mtne otr tr�f. me via Roprm'c buret Mp aNnPH a� n^ja�ta thin• the bd�pmrnt �io'Y.} �=isz�d�r'`.-di.'�rt'�.',°Fi� ''1T.:{�e._i.TIf.4•�'u'C.',�yT,�Nniti'� aRP•Aa--atlutr vannKs� cvrwot *.#1:.200t P,'¢4Y Se7+H'U•a/i-.,:7 ,9ST: uS92 E1 sl%xu. atuz* I:b de% 'u t trmrerir[ gisrWa., a d the G+ro7ts C - IsalSzrF.,. a'(.c .ic pow.r mRirp . ' stoi iuje q,� aan;grtau anwrt b.�a* so rab'-erc t rt-,° adamsfRA ti.P• gs 44-;•, i .Z,V; �`i,":" h`eSF:. •'glatqui iro�t ii,, 9 No:-ur:u So SO 41. Taal .�ilx s,y aisE4omi FNariatlm•lo- t wrwate. C�rYw..ta.^ '_�{ f�,.a,. `1 m _�� r_.... d-.:-�..-t �_ �� r�r: r� '��s`—d•} -�— .��....'-s',,, �5 ❑—i�'("A3"asas+es�.:._. fl4Kara Y/ nN9xT.C.y. �� dw. ��mr c�c�r �-r•tar+r�e.nr sson, ztaE ys ;,�,is a.dM., 12 es-p. ra.wvw / / I+r Teta _*n # Cons I - roncuha-.ea,'ai�s�ei�r' i�r._�'�,'�"'✓.�L.�`�'+ 7�h'Y'a?a'.�,r ^ a ;�.2sa f,�t'e��m�i�':;t=,s�%+�=:i�.'`n`.��c�_�,�'_2i�.-r�'r,'.'��;+y�,diet.,`.,:i�1;gait'�z;�'I,��`.a�ti�';:1�ur+;:f't� aoNP"1* h'+uid ws, rl C 01Comn;bl for tl cpngadua of yc�j{-.es rfri�l e4 ai t vs�k i to athe awI r — '.1 ror. 0rRv*t..71t s.am. a v;'ul*i1 L6AR j s� 1- q rmi .lok W_azc P t lde.. sQu0ni fo ap' N the r+ d t 7l � ,rR,,krJlbe mrl k pka�wllq eginetyfp end ptFu' a & de'{g t'rtaircrnan�+r r+or ealm W7, i1POT4�- �`!a rtilmlatlons n l(�a.`6r� Ctra'Ue r`n-ds bra eho�selptl�ks,7'(a9lft�ezthat d., tM tiny msls lnr. worades m eQstlr t V e L*1d, tfle sirlr;OL /�reprut{ma n'- -i.ei' ( `+C . Ixk°wsasr rv,b�lrvr,mrgfn.�staekr derwl:6eav�'ovr�a�ti �-n�ga;rotta¢enccrer�lssmm�xua�e �hc-e +e .rroe.w..:,r _...,,_..J{'ri4c'newoytacixuy'ly { Nrbt;Cncer. Ospes'^ l.nive'.•lrtba>z .la'vi=ENlDi W -c`aoz/Offer lsese 5/1/2009 - 4/30/2010 5/1/2010 4/30/ :1 Wa / te nenoa`bn 5/1/2010 1/342011 Tool F F XN��ut� ��jp �..1 �Or.'�C:C7K/D[-�?I�]CCTmbofl IOS:tiLYi4'�✓�'}.. Ta rctettr`'O.:.a;,hc sw,133 ;;t90,200 410,OID • 47. •--'btu:':� .ter_/41M1p00 Other OtpS k4T Wgpyjp4,q la Ulm: �s X.,� � � ��.� ;�- .F-U..- ,�'..-�_. - •-�; r' ram; ..� naccpr«vflar�tlar-!semli.ssW Ind] rect CATts1 M • .raii,;;441. 7 . igr.rgla ISza 1Yr .k.t.!itorio.50ti.4f Indirect Costs ibuifta Total BUDGET SUMMARY This cummary will be populated based on figures entered into other sections of this narrative. ' Adrniritstrati a •ement Stora & M2 Intena iiEgEfferIs.,141ir Pe-snonel indirect Char Obrect Class 5um 8E2. 14 &zips! rumor! Atlf4.-6.c 6-52§:00 IDO00 ise,37263 100:00100 57'onoo 8T779:00 tkt.bD 17i 7;Lo 168 360.W 0.00. 1900.00 APPENDIX 1 - POSITION DESCRIPTIONS F3'ease 411In pavbcri drasCv ior? tear, crettefi pr'C typ:9� descrWons .:;qdw#alrb�dii��Speva##s�'sya"iHamei��`" � �/1f5b26iY-S,O�^Cia�/tMJdjg2S t1HT'-. J 7 •yy Fl-r-'.':.. .. ... FL:Fnandal�G'ra�;t5;psanage '�ia'nfei=arr.u�v��?.-�ip�.' m�:'�-;x; t riLi /7nariO;Yi nts Mann gitfitY nr her.e �^�•.__...• rum- —F.:. r, -" ti pry .. r`-tea.. i i a F ,-_..� _.z w,"- .w c= �' _. .anager (tdldaasiS.re ' ,:-,zTx^' =M> DeS�1L`t'1D��3;CDa'd((1diL�• /1N:'0�'7S �R'fL', ;^'a y N.. i , z_7.:: . J . S:13:17Ps6 Kanaife� $ • 6.' Prag ramManaoe ,'.�.�....,�. .;'Came -'n',p, I, Pr' r- p-s-i :ef-cgrarriNaage-hirr,�kv--..t e. - -ur '' -Pz'.,x''.F'-.�-.." ..may '---,- ...Tr.---'- c-sr . < ---.ter, • : '.r - �,+•, �g -±-r :..; - '4&: -• , ci s -i $ • f-7_...._. _ J r` k—,`,,.--3 LLr.�Ybe q�r�iv, :,:41P J CoXgoatir r1?!.>' c :riatritit: nta ie.'e'r?ziR�F, L;: Qtzme i t[c32y' k t r loaf Lam?/'„ ;iralrvhy+Na' 7./ �Ia'ts./ -L -,5•� a ,'�= '' •[:`. ease;fi t itiortanclname >v �� r�w�. APPENDIK 2 - BUDGET CLARIFICATION additional s ace if needed Amax use the Nods below b dari/y a-ry Kerns wemn: able to re him the other p rbocs of the. narrate , Tiv.E/MA AGEMtUrffitl_ g;i4g24./ :r L W:9,. ;si/Ctr So R9'nnetl SaLr es . i + .t:4INIS WA 'E/NANAGEMETIC3=:ga trmRAi =' ..s,ir .,r �- ^ , :.sue ' r max: rt - `t - ,t4=-i ,,,.,-u Section ib AppendLx 2 - Budget ClarCkceUon kDMINIS RAINY%AMiA.GERENT✓O'bfyOG. FREL tI r .T.ft irr. f'ersunnelSa/an c V"'a t " Y iti see iit.44,05' 1.A ar;. 'Y•-� RS" � it.�.J �Y:a•{ 8,.y 1,. IFir JU l rin •_.,6enrfitr••1. -'.;'� •.. _ .r SerclIon 15 Append x 2 - Budge! Ctmiftallm ITiklKItia i t:JAA44 iru yi L ski: l �j 3 w Egu/pmentw_� _;.< ..r... .,i �.�- •wr,2o n i / / / / ' / ' ' FW- 'm — � � ^ - ^*~-O�2'",d~�m�� — — AM, or SeclIon 16 Appends 2 - Budget ClarificeDun 'ORAGE�4'YAIA"IEK.(:f7CE.ri h a: S% * 4tr.'ka.y..,iu,�•f,";,�- 'Persunn'e/S.x(aner Fringe rr• $7URAtEt.MAINTFNANc 3 '.1..:Laa-VIl;;.;l,E,L",'KS; rsTcR4GER&MAIIIIT_NANCE,�-„- i.;:1„} rs^-'ti,-3 sue." eRAGE&aMAZt NANCE .•�z�G�'-u� ' DiiecfCh'aip`e�: hEis1;117-1,"4, Vitt Section 16 Appard* 2 - Butlpol pwflkagio t 16, ermnam rogooeod Graph m§ hm to mgharizetl by Ube 31 U.S.C. teeth 13V., This di ure oryb,1 aaewlan is a material ragr.sade0an a and Signature: t p o which Haar. was placed by the tier above when this barraae7lm was aada a ahead hlo. Rea Osseo.. it rind easel to 31 U.S.C. 1352 This Wwmasm ve ha Tapa od 1c as O mbra.. aomi-arawany and »m kw .rename for Wh kopec o Any pavan who teas b 6b 10. required dirimnas shed to satan b a dv1 panaey of not lass mat 510,e00 and rot more elan $133,300 For rC15 e NINAT."jyft Print Nam Title: DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 See reverse for public burden disclosure.) i11. Type of Federal Action: 2. Statusof,Federal Action: • 3: Report Type: jla. contract na. bid/offer/application lication 1 'i b. grant I I pP ❑ a. initial filing b. initial award b. material change c. cooperative agreement c. d loan post -award For Material Change Only: ar e. loan guarantee dyto quarter f. loan insurance date of list report Approved by OtdB 034E-0045 4. Name and Address of Reporting Entity: 5. !f Reporting Entity in No. 4 Is a Subavaardee, Enter Name Q Prime Subawardee and Address of Prime: Tier , if known: Congressional District, if known: 6. Federal Department/Agency: B. Federal Action Number, if known: Congressional District, if known: 7. Federal Program Name/Description: CFDA Number, if applicable: 10. a. Name and Address of Lobbying Entity (if individual, last name, first name, MI): 19. Award Amount, if known : $ b. Individuals Performing Services (including address if different from No. 10a ) (Iasi name, first name, MI): (attach Continuation Sheets) SF-LLLA, ifnecsnary) 11. Amount of Payment {check all that apply): j13. Type of Payment (check all that ap ply): PPlY): ❑ actual Q planned D a. retainer 12. Form of Payment (check all that apply): ❑a cash b. in -kind; specify: nature value © b. one-time fee 0 c commission ❑ d. contingent fee e- deferred f. other, specify: 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11: A/d . 6 6 , � /c 11/ Pie' ems (attach Continuation Shank's) SF-LLLA, !f necessary) 15. Continuation Sheet(s) SF-LLLA attached: Yes No TeJzp% Z,nX/d Telephone No.: 7 cP4 _.2_.1'7 f/l,- Date: 1421, o ml"<aAPwC` nil �r - . �T c�.•outh�rized brL®aet i3ei,r.xhFctlon rf�f- f au" - s' i,.- S' standard Form W (Rat. 7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, el the Initiation era receipt of a covered Federal action, or a malarialchengetoe previous filing, pursuant to title 31 U.S.C. section 1352. The gang ore loan is required far each payment a- agreement to make paymenao any obbying entity for Influencing or attempting to Influence an officer or employeeo( any agency, a Memberof Congress, an officer o• employee of Congress, cc an employeeot a Member of Congress in connection with a covered Fe derelaction. Use the SF-LLtA Continuation Sheet for additional information If the spare an the form tv Inadequate. Complete all Items that apply for both the Initial filing and material change report. Refer b the implementing guidance published by the Ofrine of Management and Budget foredditional information. 1. bientIfy the type of covered Federal action for which lobbying adivlty is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identity the aPPmodals classification of this report. If this Is a foilowvpreport caused by e material change In the information previouslyreported, enter the year and quarter in which the change oonun-ad. Ester the dale of the last prev)oustysubmided report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, Stale and zip code of the reporting entity. Inctude Congressional District, 8 known. Ghee#; the approprate etassifnztior, of the reporting entity that designatesi` is, or expects to be, a prirne orsubaward recipient. ben Efythe tier of the subawardee, e.g., the first suhawardee of the prime is the tsl tier. Subawards include but an: not limited to subcontracts, subgrants and contract awards undergranls. S. If the organization ruing the report in item 4 checks 'Subawardee,` then enter the ful name, address, city, State and Zip code of lice prime Federal mniplent Indud=_ Congressional District, 8 known. 6. Enter the name of the Federal agency making the award or loan commitment include at least one orgarttationallevelbelowaaen yname, if known. For exam*, Department of Transportation, United States Coast Guard. ' 7. Enter the Federal prngam name or descipbon for the covered Federal action °tern 1). If known, enter the full Catalog of Federal Wu Kstic Pvcitance (CF➢A) number for grants, cooperative agreements, bans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation far Bid (L5B) number, event announcemare number, the contract, grant or loan award number, the application/propose/ control number assigned by the Federal agency). Include prefixes, e.g., 'RFP-DE-90-0o 1.' 9. For a covered Federal adlon where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/ban commibnenl tar the pride entity identified in Rem 4 or 5. 10. (a) Enter the full name, address, dty, State and zip code of the fobbt4nc entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the fug nerve, of the individuals) performing services, and include full address if different from 10 (a). Enter Lade Name, First Name, and Middle Initial (Mt), 11. Enter the amount of compensaticnpaid or reasonabiyexpectedto be paid by the reporting entity (item 4) to the lobbying entity (Item 10). indicate whether the payment has been made (actual) or will be made (planned). Check ail boxes that apply- if this is a malarial chance report, enter the cumulative amount of payment made or planned to be made. 12. Chad; the appropriatebox(_s). Check all boxes that eppty. If payment's made through en in -kind contribution, specify the nature and value of the in -kind cayman t. 13. Check the appropnafe box(es). Check all boxes that apply. If other, specify nature. - 14. Provide a specific and detailed description of the se-vioas that the lobbyist has performed, or will be expelled to perform, and the date(s) or any servises rendered. Include all preparatory and related activity, not just time spent in actual contaei with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), emptoyee(s), or Member(s) of Congress that were contacted. 15, Check whether or riot a SF-LLA Continuation Sheet(s) is attached. 16, The ter l ing official shall sign and date the form, print his/her name, title, and telephone number. 1According to the Paperwork Reduction Act, as emended, no persons are required to respond to a collection of information uNess It displays a valid OMB Control Number. The valid OMB control number for this Information collection is OMB No, 0348-0346. Public reporting burden for this collection of information is � estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintalnlna the date needed, and complebna and reviewing the oc4loaUon of Information. Send comments regarding the burden estimate or shy other aspect of this collection of( information, including suggestions for reducing this burden, to the Office of Managementend Budget, Paperwork Reduction Prefect (0348-0,34B), Washington,lll OC 20503, OMB Approval No. 4040-00J7 Expiration Dale 04/302035 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for thls collection of information is estimated to average 15 minutes per response, Including time fry-reviewingInstructions, searching existing data sources, gathering end maintaining the deta needed, end completing and reviewing the collection of Information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and budget, Peperwork Reduction Project (0349-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. • NOTE: Certain of these assurances may not be applicable toyour project or you have questions, please contact the Y PP p 1 Program.lf awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (Including funds sufficient is pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described In this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the righl to examine all records, books, papers, or documents related to the award; and will establish e proper accounting system in ac ordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions fora purpose that constitutes or presents the appearance of personal or organizational corrfilct of interest, or personal gain. 4, Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified In Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but ere not limited to: (a) Title VI of the Civil Rights Act of 1954 (P.L. 88-352) Which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1585-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehebtlltation Aol of 1973, as amended (29 U.S.C. §794), which "prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Ad of 1972 (P.L. 92-255), as amended, relating to nondiscimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation AG of 1970 (P.L. 91-615), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C- §§290 dd-3 and 290 ee- 3), as amended, relating to corrndendalty of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Ad of 1958 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) tine requirements of any other nondiscrimination statute(s) which may apply to Ulf: application. 7. Will comply, a• has already compiled, with the requirements of Titles tf and III of -the Uniform Relocation Assistance and Real Property Acquisition . Policies Act of 1970 (P.L. 91-6405) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-asslstad programs. These requirements apply to all Interests In real property acquired for project purposes regardless of Federal participation In purchases. 8. Will comply, es applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7325) which limit the political activities of employees whose principal employment activities are funded in whole or In part with Federal funds. Previous Edition Usable Standard Form 424B Men. 7-87) Authorized for Local Reproduction Proccdbae by OMB Circular A-1 02 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 275e-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours erd Safety Standards Nal (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Will comply, If applicable, with flood Insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood Insurance if the total cost of insurable construction and acquisition Is i0,000 or more. 11, Will comply with environmental standards welch may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Ad of 1959 (P.L 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11735; (c) protection of wetlands pursuant to EO 11995 (d) evaluation of flood hazards in floodpiains in accordance with E0 11988; (a) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (15 U.S.C. §61451 el see); (f) conformity of Federal actions to State (Giean Air) Implementation Plans under Section 175(c) of the Clean Air Act of 1955, as amended (92 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking VVater Act of 1974, as amended (P.L 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L 93- 205). 12 WIII comply w11h the Wild and Scenic Rivers Act of 1958 (16 U.S.C. §§1271 el seq.) related to protecting components or potential components or the rational wild and scenic rivers system. 13. Will assist the awarding agency in assuring complanoe with Section 106 of the (National Historic Preservation Nal of 1956, as amended (16 U.S.C. §470), E0 11593 (identification and protection of historic properties), and the Archaeological end Historic Preservation Ad of 1974 (16 U.S.C. §§469a-1 et seq.). 19. W81 comply with P.L 93-348 regarding the protection of . human subjects involved in research, development, and • related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L 89-544, as amended, 7 U.S.C. §§2131 et seq,) pertaining to the care, handling, and treatment of Warm biooded anlrnats held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4501 el seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residenra structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OM5 Cir jtar No. A-133, 'Audits of States, Local Governments, and Non -Profit Organizations.' 18. Will comply with all applicable requirements of al other Federal laws, ezartdve orders, reouletlons, and policies governing this program. lF' SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Completed on submission to Grants.aov APPLICANT ORGANIZATION !—PL,,d ,,-, TirL t ry of 6, i fir*, i TITLE I d�J�vt 22ST //Airs) �1 r Completed on submission 1� is % ' DATE 5U9MITTED / L 0 c o ran .00v Standard Form 4248 (Rev, 7-677 Beck South Florida Urban Search and Rescue Frcerpis from Strategic Plan (Position Descriptions) ADMINISTRATION FL-TF2 will maintain administrative staffing organized as a Division of the City of Miami Fire Rescue Department with the following dedicated fu1 time personnel: • Program Manager: Establish division goals and objectives; coordinate all task force grant goals to comply with cooperative agreements; oversee day- to-day task force operations. • Staff Lieutenant: Responsible for all Finance and Procurement activities within the organization. Provide supervisory assistance to the Program Manager. • Staff Lieutenant: Responsible for all personnel issues within the organrration. (Overtime reporting, time sheets, etc). Provides supervisory assistance to the Program Meer. Part Time Personnel are also utilized as Discipline Coordinator positions. This allows for the most cost effective means of personnel allocation They are utilized on an as needed basis and do not burden the organization with the cost of full time salaries. The following part ti>De positions have been established within the Table of Orgari7ation. • Administrative Assistant: Responsible for the administrative support of the team and daily reconciliation of non -emergency paperwork • Training Coordinator: Responsible for the timely delivery of training in accordance with the requirements set forth by FEMA. (Approximately 3C courses delivered in a two year period) • Logistics Coordinator! Warehouse Manager: Responsible for all response equipment contained within the organization (over 20,000 individual items). Also responsible for excess property. • Financial Officer: Responsible for the financial oversight of team activity. Assist with day to day financial support and management of grant goals. • Medical Coordinator: Responsible for the implementation and oversight of the Medical Team. This responsibility includes response activities during deployments, readiness activities, and team welfare. • Communications Coordinator: Responsible for the readiness and implementation of the communications plan. Ensures communications equipment is functional and deployable. • . Hazmat Coordinator: Responsible for the WMD component of the Task Force. (One fully stocked tractor trailer containing about 1.2 million dollars in equipment.) • Canine Coordinator: Responsible for the readiness of the K-9 and .arch component of the Task Force. Ensures that all search team members are in compliance with requirements set forth by FEMA. • Public Information Officer: Ensures that the message released by this Task Force is in .line with the position of the Department of Homeland Security and the Sponsoring Agency, The City of Miami Fire Department. • Rescue Team Coordinator: Responsible for the oversight of all Rescue equipment. Assists with the institution of rescue methodology and the implementation and maintenance of light, medium and heavy rescue vehicles. • Task Force Leaders: Utilized on an as needed basis for special projects requiring management oversight with regard to higher level administrative duties. (example: hurricane reimbursements, audits)Additionally responsible to function as non -department member liaison. • Transportation Officer: Responsible for the entire task force fleet (3 tractors, 5 fifty foot trailers, 2 box trucks, 3 flatbeds, 2 suburbans, 1 F-350, 1 F-550, 1 Excursion, 2 forklifts, 4 off road ATV's). Establishes and implements a transportation policy for active drivers and a transportation plan during deployments. • Personnel Support Coordinator: Responsible for the administration of the Personnel Support Program to include Critical Incident Stress Management, Employee Assistance, Assisting personnel and family with needs during times ofdeployment. • Rood / Swiftwater Coordinator: Responsible, for the Flood/Swiftwater cache, maintenance, and training in support ofFEMA Directives. FISCAL YEAR 2010 URBAN SEARCH & RESCUE PROGRAM GUIDANCE AND APPLICATION KIT JANUARY2010 U.S. DEPARTMENT OF HOMELAND SECURITY Title of Opportunity 97.025 National Urban Search And Rescue"(US&R) Response System Funding Opportunity Number: TB© Federal Agency Name: U.S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) Announcement Type: Initial Dates: Completed application must be submitted no later than 1'1:59 PM El, March 15, 2010. Additional overview information: N/A CONTENTS Contents Parf I. FUNDING OPPORTUNITY DESCRIPTION Part II. AWARD INFORMATION C. Restrictions 4 Part IV. APPLICATION AND SUBMISSION INFORMATION 5 A. Address to Request Application Package 5 B. Content and Form of Application 5 C. Submission Dates and Times 6 D. Intergovernmental Review Error! Bookmark not defined. E. Funding Restrictions Part V. APPLICATION REVIEW INFORMATION 6 A. Review Criteria 7 B. Review and Selection Process 7 C. Anticipated Announcement and Award Date Part VI. AWARD ADMINISTRATION INFORMATION A. Notice of Award 8 8 B. Administrative and National Policy Requirements 8 C. Reporting Requirements Parf VU. FEMA CONTACTS 15 Part WI, OTHER INFORMATION 18 20 7 1 2 Part III. ELIGIBILITY INFORMATION3 A. Eligible AppIjc0 8. Cost Sharing 4 4 PART I. FUNDING OPPORTUNITY DESCREPTION The U. S. Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA) maintain a high level of accountability and provide support and funding to maintain the readiness of the National Urban Search & Rescue Response System. The purpose of this funding opportunity is to establish yearly Cooperative Agreements with the 28 State and local emergency management SSponsoring Agencies currently designated by FEMA as members of the National Urban earch and Rescue (US&R) Response System. The Cooperative Agreement funding will assist the US&R Response System resources to be prepared for mission response and provide qualified personnel in support of Emergency Support Function-9 (ESF-9) acfivil es under the National Incident Management System (NIMS) and the National Response Framework (NRF). Specifically, these Cooperative Agreements will provide a mechanism for distribution of Cooperative Agreement funding to prepare the 28 designated Task Forces for US&R disaster response, including response to incidents involving weapons of mass destruction (WMD) that would require a limited hazmat capability for the core structural collapse mission, National Special Security Events (NSSE) or other designated disasters or emergencies. US&R Task Force Sponsoring Agencies are directed to use the funding to meet the following objectives: provide task force administration and management, training, equipment cache procurement, and maintenance and storage. 2 PART H. AWARD INFORMATION Only the 28 State and local Sponsoring Agencies currently designated by FEMA as members of the National US&R Response System are eligible for applying for these operations and maintenance project Cooperative Agreements. Applications and budget plans will be reviewed by the OHS US&R Program Office and Grant Programs Directorate. Any issues or concerns noted in the application will be negotiated with the successful applicant prior to the award being issued. The substantial involvement is provided under Part VIII Other Information, Article VII, DHS/FEMA/US&R Program Office Responsibility. Authorizing Statutes Homeland Security Act of 2002, as amended, 6 U.S.C. §§ 101 et seq.; Section 634 of the Post -Katrina Emergency Management Reform Act of 2006, 6 U.S.C. § 722; Sections 303, 306, 403 and 621 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. §§ 5144, 5149, 5170b, and 5197; and 44 CFR Part 208. Period of Performance The period of performance for the Cooperative Agreements is 18 months. Extensions to the period of performance will be considered only through formal requests to FEMA with specific and compelling justifications why an extension is required. The period of performance is anticipated to be May 01, 2010 thru October 31, 2011. Available Funding `1n FY 2010, the total amount of funds distributed under the Cooperative Agreements will be $29,620,000. The amount of funding per award will range between $1,041,900 and $1,107,900. Cooperative Agreement Awards will be made 'Subject to the Availability" of FY 2010 Funds. 3 PART HI. ELIGIBILITY INFORMATION A. Eligible Applicants Only the 28 State and local Sponsoring Agencies currently designated by FEMA as members of the National US&R Response System are eligible for applying for funding for these operations and maintenance project Cooperative Agreements. National Incident Management System implementation Compliance In accordance with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a requirement to receive Federal assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and private sector partners to wort: together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location; or complexity. FY 2009 NIMS implementation must be considered prior to allocation of any Federal awards in FY 2010. The primary grantee/administrator of FY 2010 US&R Readiness award funds is responsible for determining if sub-awardees have demonstrated sufficient progress to disburse awards. To be eligible to receive FY 2010 Cooperative Agreement funding, applicants must meet NIMS compliance requirements. See Part VIII, Other Information, Article VIII, A.13 for NIMS information. The NIMSCAST will be the required means to report FY 2010 NIMS compliance for FY 2010 award eligibility. Each Sponsoring Agency Task Force will deal with NIMSCAST thru their State requirements. B. Cost Sharing There is no required cost sharing, matching, or cost participation for the FY 201 D USSR . Cooperative Agreements. C. Restrictions This Cooperative Agreement may not be used for funding new capital construction. However, costs associated with leasing, upgrading, minor renovations and modifications of existing warehouse facilities that do notchange the footprint of the structure are permitted. Refer to Part VIII, Other Information for further guidance. 4 PART IV. APPLICATION AND SUBMISSION INFORMATION A. Address to Request Application Packages . Only the 28 National DHS/FEMA designated Task Force Sponsoring Agencies are eligible to apply. FEMA makes all funding opportunities available through the common electronic "storefront"—grants.gov, accessible on the Intemetathttp://www.grants.gov. If you experience difficulties accessing information or have any questions please call the rants. ov customer support hotline at (8D0) 518-4726. Application forms and instructions are available atgrants.gov. To access these materials, go to htfi_//www grants.00v , select `Apply for Grants," and then select "Download Application Package." Enter the CFDA and/or the funding opportunity number located on the cover of this announcement Select "Download Application Package,' and then follow the prompts to download the application package. To download the instructions, go to "Download Application Package" and select "Instructions." B. Content and Form of Application 1. Application via www.grants:gov_ All applicants must file their applications using the Administration's common electronic "storefront"- vw✓w.arants.00v. Eligible grantees must apply for funding through this portal, accessible on the Internet at vw�hf•orants oov. The application must be completed and submitted using www.grants.00vafter Central Contractor Registration (CCR) is confirmed. The on-line application includes the following required forms and submissions: • Standard. Form 424, Application for Federal Assistance • Standard Form 424 A, Budget Information (Non -construction) • Standard Form 424 B, Standard Assurances (Non -construction) • Standard Form LLL, Disclosure of Lobbying Activities • Grants.gov (GG) Lobbying Form, Certification Regarding Lobbying • FEMA Form 20-16C, Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements 5 i The program title Listed in the Catalog of Federal Domestic Assistance (CFDA) is "Nationai Urban Search and Rescue (US&R) Response System Cooperative Agreement Program"_ The CFDA number is 97.025. When applicants should identify their submissions as new, non-cosst ucllon applicationsation, 1. Dun and Bradstreet Data Universal Numbering System (DUNS) number. The applint must provide a DUNS number with their application_ This number is a required field within 141414, grants.qov and for CCR Registration. Organizations should verify that they have a DUNS number, or take the steps necessary to obtain one, as soon as possible. Applicants can receive a DUNS number at no cost by calling the dedicated toil -free DUNS Number request line at (866) 705-5711. 2. Valid CCR Registration. The application process also involves an updated and current registration by the applicant Eligible applicants must confirm CCR registration at htto.//www ccr qov as well as apply for funding through 4/14W.. Grants. Ooy C. Submission Dates and Times Completed applications must be submitted through grants.gov no later than 11:59 PM ET, March15, 2010. Additional information and instruction will be provided_ D. Funding Restrictions DHS grant funds may only be used for the purpose set forth in the grant, and must be • consistent with the statutory authority for the award. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue The Federal government or any other government entity. Pre -award costs are allowable only with the written consent of DHS and if they are included in the award agreement. Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal submitted under this program. Federal employees may not receive funds under this award. This Cooperative Agreement may not be used for funding new capital construction. However, costs associated with leasing, upgrading, minor renovations and modifications of existing warehouse facilities that do not change the footprint of the structure are permitted. Refer to Part VIiI, Other Information for further guidance. 6 PART V, APPLICATION REVIEW INFORMATION A. Review Criteria The applications will be reviewed to ensure the items listed have costs that are reasonable, allowable, and allocable to the program. Any questions will be submitted to the applicants for discussion. This is not a competitive program. B. Review and Selection Process The applications will be reviewed by the US&R Program Office and the Grant Programs Directorate, and the awards will be made by the Grant Programs Directorate Assistance Officers_ Funds will not be made available for obligation, expenditure, or drawdov✓n undl the applicant's budget and budget narrative have been approved by FEMA. The applicant must provide a detailed budget for the funds requested. The detailed budget must be submitted as an attachment to the grant application package in grants.gov. The budget must be complete, reasonable, and cost-effective in relation to the proposed project. The budget should provide the basis of computation of all project - related costs, any appropriate narrative, and a detailed justification of Management and Administration (M&A) costs. C. Anticipated Ann ouncement and Award Dates FEMA will evaluate the applications upon receipt; and all the Cooperative Agreements v✓ill be awarded on or before May 01, 2010. Congressional Notification is required prior to FEMA issuing awards in excess of$1M. 7 PART vl. AWARD ADMINISTRATION INFORMATION A. Notice of Award Upon approval of the applications, the Cooperative Agreements will be awarded to the grantees (the 28. designated FEMA US&R Sponsoring Agency recipients). The date that the documents are signed is the "award date.' Once an award has been approved, a notice is sent to the authorized grant official. Foflov✓ the directions in the notification to accept your award documents. The authorized grant official should carefully read the award and special condition documents. If you do not receive a notification, please contact your FEMA Program Office for your award number. Once you have the award number, contact the GMS Help Desk at (888) 549-9901, option three, to obtain the usemame and password associated with the new award. The period of performance is 18 months and begins on the Project Period/Budget Period start date listed in the award package. Any unobligated funds wilt be de - obligated at the end of the dose -out period. Extensions to the period of performance will be considered only through format requests to FEMA with specific and compelling justifications why an extension is required. Ali extension requests must be submitted to .FEMA at least 60 days prior to the expiration of the period of performance and must address: • Reason for delay; • Current status of the activity/activities; • Approved period of performance termination date and new project completion date; • Remaining available funds, both Federal and non -Federal; • Budget outlining how remaining Federal and non -Federal funds will be expended; • Plan for completion including milestones and tirneframe for achieving each milestone and the position/person responsible for implementing the plan for completion; and • Certification that the activity/activities will be completed within the extended period of performance without any modification to the original Statement of Work approved by FEMA B. Administrative and National Policy Requirements The recipient and any sub-recipient(s) must, in addition to the assurances made as part of the application, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, .OMB circulars, -terms and conditions oftheaward, and the approved application. 1. Standard Financial Requirements. The grantee and any subgrantee(s) shall comply with all applicable laws and regulations. A non-exclusive list of regulations commonly applicable to DHS grants are listed below: 1.1 —Administrative Requirements. • 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with institutions of Nigher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A=110) 1.2 — Cost Principles. • 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB CircularA-87) • 2 CFR Part220, Cost Principles for Educational institutions (OMB Circular A-21) • 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) • 46 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations 1.3 — Audit Requirements. • OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 1.4 — Duplication of Benefits. There may not be a duplication of any Federal assistance by governmental entities, per2 CFR Part225, Basic Guidelines Section C,.3_(c), which states: Any cost allocable to a particular Federal award or cost objective- under: the principles provided for in this Circular may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by taw or terms of the Federal awards, or for other reasons. However, this prohibition would not preclude governmental units from shifting costs that are allowable under two or more awards in accordance with existing program agreements. Non -governmental entities are also subject to this prohibition per 2 CFR Parts 220 and 230 and 4B CFR 31.2. 2. Payment. DHS/FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to Recipients. To enroll in the DD/EFT, the Recipient must complete a Standard Form 1199A, Direct Deposit Form, found at http://www.fms.treas.cov/eft/1199a.pdf. FEMA utilizes The Department of Health and Human Services, Division of Payment Management, Payment Management System, SmartLink to transfer funds between FEMA and Grantees. 9 2.1— Advance Payment in accordance with Treasury regulations at 31 CFR Part205,.the Recipient shall maintain procedures to minimize the time elapsing between the transfer of funds and the disbursement of said funds {See 44 CFR Pad 13.21(i)) regarding payment of interest eamed on advances. in order to request an advance, the Recipient must maintain or demonstrate the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of funds from DHS and expenditure and disbursement by the Recipient When these requirements are not met, the Recipient will be required to be on a reimbursement for costs incurred method. NOTE: FUNDS WILL NOT BE AUTOMATICALLY TRANSFERRED UPON ISSUANCE OF THE GRANT. GRANTEES MUST SUBMIT A REQUEST FOR ADVANCE/REIMBURSEMENT (SF-270) IN ORDER FOR THE FUNDS TO BE TRANSFERRED TO THE GRANTEE'S ACCOUNT. 3. Non -,supplanting Requirement Grant funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose Applicants or grantees may be required to supply certifying that a reduction in non -Federal resources occurred foreason other than the receipt or expected receipt of Federal funds. 4. Technology Requirements. 4.1 — National information Exchange Model (NIEM). FEMA requires all grantees to use the latest NIEM specifications and guidelines regarding the use of Extensible Markup Language (XML) for all grant awards. Further information about the required use of NIEM specifications and guidelines is available at ham- %!1 }1M niem t�ov, 4.2 — Geospatial Guidance, Geospatial technologies capture, store, analyze, transmit, and/or display location -based information (i.e., information that can be linked to a latitude and longitude). FEMA encourages grantees to align any geospatial activities with the guidance available on the FEMA website at h ://www.fema. oov/firants. 4.3 — 28 CFR Part 23 Guidance. FEMA requires that any information technology system funded or supported by these funds comply with 28 CFR Part 23, Cnmrna/ /ntelligence Systems Operating Policies, if this regulation is determined to be applicable 5. Administrative Requirements. 5.1 — Freedom of Information Act (FOiA). FEMA recognizes that much of the information submitted in the course of applying for funding under this program or provided in the course of its grant management activities may be considered law enforcement sensitive or otherwise important to national security interests. vNhile this information under Federal control is subject to requests made pursuant to the Freedom of Information Act {FOIA), 5 U.S.C. §552, all determinations concerning 10 the release.of information of this -nature are made on a case -by -case basis by the FEMA FOIA Office, and may likely fall within one or more of the available exemptions under the Act. The applicant is encouraged to consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. The grantee should be familiar with the regulations governing Sensitive Security information (49 CFR Part 1520), as it may provide additional protection to certain classes of homeland security information. 5.2 — Compliance with Federal civil rights laws and regulations. The grantee is required to comply with Federal civil rights laves and regulations. Specifically, the grantee is required to provide assurances as a condition for receipt of Federal funds that its prograta and activities comply with the following: • Title VI of the Civil Rights Act of 1964, as amended, 42. U.S.C. 2000 et seq. — Provides that no person on the grounds of race, color, or national origin will be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program or activity receiving Federal financial assistance. Title VI also extends protection to persons with Limited English Proficiency (LEP). (42 U.S.C. §2000d et seq.) • Title iK of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq. — Provides that no person, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subiect to discrimination under any education program or activity receiving Federal financial assistance. • Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 — Provides that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or subiect to discrimination in any program or activity receiving Federal financial assistance. • The Age Discrimination Act of 1975, as amended, 20 U.S.C. 6101 et seq. — Provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of or subject to discrimination under any program or activity receiving Federal financial assistance. Grantees must comply with all regulations, guidelines, and standards adopted under the above statutes. The grantee is also required to submit information, as required, to the DHS Office for Civil Rights and Civil Liberties concerning its compliance with these laws and their implementing regulations, 11 5.3 — Services to Limited English Proficient (LEP) persons. Recipients of FEMA financial assistance are required to comply with several Federal civil rights laws, including Title VI of the Civil Rights Act of 1964, as amended. These laws prohibit discrimination on the basis of race, color, religion, natural origin, and sex in the delivery of services. National origin discrimination includes discrimination on the basis of limited English proficiency. To ensure compliance with Title VI, recipient are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. The grantee is encouraged to consider the need for language services for LEP persons served or encountered both in developing their proposals and budgets and, in conducting their programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs. For additional information, see fittp:I/wv✓w )ep oov. 5.4— Certifications and Assurances. Certifications and assurances regarding the following apply: • Lobbying_ 31 U.S.C. §1352, Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions. — Prohibits the use of Federal funds in lobbying members and employees of Congress, as well as employees of Federal agencies, with respect to the award or amendment of any Federal grant, cooperative agreement, contract, or loan. FEMA and DHS have codified restrictions upon lobbying at44 CFR Part 18 and 6 CFR Part 9. (Referto form included in app(icafion package.) • Drug -free Workplace Act, as amended, 41 U.S.C. §701 et seq. - Requires the recipient to publish a statement about its drug -free workplace program and give a copy of the statement toeach employee (including consultants and temporary personnel) who will be involved in award -supported activities at any site where these activities will be carried out. Also, place(s) where work is being,performed under the award (i.e., street address, city, state and zip code) must be maintained on file. The recipient must notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 CFR Part 17. • Debarment and Suspension. — Executive Orders 12549 and 12689 provide protection from fraud, waste, and abuse by debarring or suspending Those persons that deal in an irresponsible manner with the Federal government. The recipient must certify that they are not debarred or suspended from receiving Federal assistance. For additional information, see 2 CFR Part 3000. • Federal Debt Status. — The reciplent may not be delinquent in the repayrnent of any Federal debt. Examples of relevant debt include 12 • delinquent payroll or other taxes, audit disallowances, and benefit overpayments, (See OMB Circular A-129) (Refer to SF-424, item number 17.) • Hotel and Motel Fire Safety Act of 1990. — In accordance with section 6 of the Hotel and tvlote/Fire Safety Act of 1990, 15 U.S.C. §2225a, the recipient agrees to ensure that ail conference, meeting, convention, or training space funded in whole or in part with Federal funds, complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. Grantees must comply with all regulations, guidelines, and standards adopted under the above statutes. 5.5 —Integrating individuals with disabilities into emergency planning. Section 504 of the Rehabilitation Act of 1973, as amended, prohibits discrimination against people with disabilities in all aspects of emergency mitigation, planning, response, and recovery by entities receiving financial funding from FEMA In addition, Executive Order 13347, Individuals with Disabilities in Emergency Preparedness signed in July 2004, requires the Federal government to support safety and security for individuals with disabilities in situations involving disasters, including earthquakes, tornadoes, fires, floods, hurricanes, and acts of terrorism. Executive Order 13347 requires the Federal government to encourage consideration of the needs of individuals with disabilities served by State, local, and tribal governments in emergency. preparedness planning. 5.6 — Environmental and Historic Preservation Compliance_ FEMA is required to consider the potential impacts to the human and natural environment of projects proposed for FEMA grant funding. FEMA, through its Environmental Planning and Historic Preservation (EHP) Program, engages in a review process to ensure that FEMA-funded activities comply with various Federal laws .including: National Environmental PohcyAct, National Historic Preservation Act, Endangered Species Act, the Clean Water Act, and Executive Orders on Floodplains (11988), Wetlands (11990), Environmental Justice (12898). The goal of these compliance requirements is to protect our nation's water, air, coastal, wildlife, agricultural, historical, and cultural resources, as well as to minimize potential adverse effects to low-income and minority populations. The grantee shall provide all relevant information to FEMA to ensure compliance with applicable Federal EHP requirements. Any project with the potential to impact natural or biological resources or historic properties cannot be initiated until FEMA has completed the required EHP review. In addition to a detailed project description that describes what is to be done with the grant funds, how it will be done, and where tt will be done, grantees shall provide detailed • information about the project (where applicable), including, but not limited to, the following: 13 • • Project location (i.e., exact street address or map coordinates) • Total extent of ground disturbance and vegetation clearing • Extent of modification of existing structures • Construction equipment to be used, staging areas, etc. • Year that any affected buildings or structures were built • Natural, biological, .and/or cultural resources present within the project area and vicinity, including wetlands, fioodplains, geologic resources, threatened or endangered species, or National Register of Historic Places listed or eligible properties, etc. • Visual documentation such as good quality, color and labeled site and facility photographs, project plans; aerial photos, maps, etc. • Alternative ways considered to implement the project (not applicable to procurement of mobile and portable equipment) For projects that have the potential to impact sensitive resources, FEMA must consult with other Federal, State, and tribal agencies such as the U.S. Fish and Wildlife Service, State Historic Preservation Offices, and the U.S. Army Corps of Engineers, as well as other agencies and organizations responsible for the protection and/or management of natural and cultural resources, including Federally -recognized Indian tribes, Tribal Historic Preservation Offices, and the Department of the Interior, Bureau of Indian Affairs. For projects with the potential to have adverse effects on the environment and/or historic properties, FEMA's EHP review process and consultation may result in a substantive agreement between the involved parties outlining how the grantee will avoid the effects, minimize the effects, or, if necessary, compensate for the effects. Grantees who are proposing communication tower projects are encouraged to complete their Federal Communications Commission (FCC) EHP process prior to preparing their EHP review materials for FEMA, and to include their FCC EHP materials with their submission to FEMA. Completing the FCC process first and submitting all relevant EHP documentation to FEMA wilt help expedite FEMA's review. Because of the potential for adverse effects to EHP resources or public controversy, some projects may require an additional assessment or report, such as an Environmental Assessment, Biological Assessment, archaeological survey, cultural resources report, wetlands delineation, or other document, as well as a public comment period. Grantees are responsible for the preparation of such documents as well as for the implementation of any treatment or mitigation measures identified during the EHP review that are necessary to address potential adverse impacts. Grantees may use grant funds toward the costs of preparing such documents. The use of grant funds for mitigation or treatment measures that are not typically allowable expenses will be considered on a case - by -case basis. Failure of the grantee to meet Federal, State, local and territorial EHP requirements, obtain required permits, and comply with any conditions that may be placed on the project as the result of FEMA's EHP review may jeopardize Federal funding. .................. 14 Recipients shall not undertake any project without the prior approval of FEMA, and must comply with al! conditions placed on the project as the result of the EHP review. Any change to the approved project description wilt require re- evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediatety cease construction in that area and notify their FEMA Program Office, and the appropriate State Historic Preservation Office. Any projects that have been initiated prior to approval will result in a non-compliance finding and will not be eligible for funding. For more information on FEMA's EHP requirements, Grantees should refer to FEMA's information Bulletin #329, Environmental Planning and Historic Preservation Requirements for Grants, available at h //o1p.usdo! aov/odp/docs/info329 pdf. Additional information and resources can also be found at http://www.fema-qov/planlehp/ehp-applicant-help.shfm. C. Reporting Requirements Reporting requirements must be met throughout the life of the grant (refer to the program guidance under Part VIII Other Information, Article IX Reporting and the special conditions found in the award package for a full explanation of these requirements). Any reports or docunlents prepared as a result of this grant shall be in compliance with Federal "plain English" policies, directives, etc. 1. Federal Financial Report (FFR) — required quarterly. Obligations and expenditures must be reported on a quarterly basis through the FFR (SF-425),which replaced the SF-269 and SF-272, which is due within 30 days of the end of each calendar quarter (e.g., for the quarter ending March 31, the FFR is due no later than April 30). A report must be_submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future awards and fund draw downs may be withheld if these reports are delinquent The final FFR is due 90 days after the end date of the performance period_ FFRsmust be filed according to the schedule below: FFRs must be generated through SmartLink and uploaded to GMS Reporting periods and due dates: • October 1 — December 31; Due January 30 • January 1 —March 31; Due Apri/30 • April 1 — June 30; Due July 30 • July 1 — September 30; Due October 30 2. Progress Reports. 15 Programmatic reporting requirements are identified in Part VIII Section iX of this document. 3_ Financial and Compliance Audit Report Recipients that expend $500,000 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 GAO's Government Auditing Standards, located at h /Www.gao qov/aovaud/vbkot him, and OMB CircularA-f33, Audits of States, Local Governments, and Non -Profit Organizations, located at hit ///v✓wvv whitehouse ov/omblcirculars/a 1 3 are currently due to the Federal Audit Clearinghouse ninenolater ithan dl mtonths after the end of the recipient's fiscal year. In addition, 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 FY 2010 US&R Readiness assistance for audit and examination purposes, provided that, in the opinion of the Secretary or the Comptroller, these documents are related to the receipt or use of such assistance. The grantee will also give the sponsoring agency or the Comptroller, through any authorized representative, access to, and the right to examine all records, books, papers or documents related to the grant. The State shall require that sub -grantees comply with the audit requirements set forth in OMB CkcufarA-133. Recipients are responsible for ensuring that sub - recipient audit reports are received and for resolving any audit findings. 4. Monitoring, Grant recipients will be monitored periodically by FEMA staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, time►ines, milestone completion, budgets, and'otherrelated program criteria are being met Programmatic monitoring may also include the Regional Federal Coordinators, when appropriate, to ensure consistency of project investments with Regionaland National goals and policies, as well as to help synchronize similar investments ongoing at the Federal, State, and local levels. Monitoring will be accomplished through a combination of office -based desk reviews and on -site monitoring visits. Monitoring will involve the review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The recipient is responsible for monitoring award activities, to include sub -awards, to provide reasonable assurance that the Federal award is administered in compliance with requirements. Responsibilities include the accounting of receipts and expenditures, cash management, maintaining adequate financial records, and refunding expenditures disallowed by audits. 5:- Grant Close -Out Process. Within 90 days after the end of the period of performance, -grantees must submit a final FFR and final progress report detailing all accomplishments throughout the period of performance.. After these reports ttave 16 been reviewed and approved by FEMA, a close-out notice will be completed to close out the grant. The notice will indicate the period of performance as closed, list any remaining funds that will be deobligated, and address the requirement of maintaining the grant records for three years from the date of the final FFR. The grantee is responsible for returning any funds that have been drawndown but remain as uniiquidated on grantee financial records. Required submissions: (1) final SF 425, due 90 days from end of grant period, -.and (2) final progress report, due 90 days from the end of the grant period. PART VII. FEMA CONTACTS 1. Grant Programs Directorate (GPD). FEMA GPD's Grants Management Division will provide fiscal support includingpre- and post -award administration and technical assistance, to the grant programs included in this solicitation. Additional guidance and information can be obtained by contacting the FEMA Call Center at (866) 927-5646 or via e-mail to ASK-GMD{a�dh_ s Qov_ 2. USSR Program Office The Points of Contact from the US&R Program Office for Program Questions are: Catherine Beek (202) 646-3796 Email: Catherine.deeldhs ttov Marilynn Grim: (202) 646-4251 Email: Marilvnn grim(c�dhsgov 3. GSA's State and Local Purchasing Programs. The U.S. General Services Administration (GSA) offers two efficient and effective procurement programs for State and local governments to purchase products and services to fulfill homeland security and other technology needs. The GSA Schedules (also referred to as the Multiple Award Schedules and the Federal Supply Schedules) are long-term, indefinite delivery, indefinite quantity, government -wide contracts with commercial firms of all sizes. Cooperative Purchasin Pro ram Cooperative Purchasing, authorized by statute, allows State and local governments to purchase a variety of supplies (products) and services under specific GSA Schedule contracts to save time, money, and meet their everyday needs and missions. The Cooperative Purchasing program allows State and local governments to purchase alarm and signal systems, facility management systems, firefighting and rescue equipment, law enforcement and security equipment, marine craft and related equipment, special purpose clothing, and related services off of Schedule 84 and Information Technology products and professional services off of Schedule 70 and the Consolidated Schedule (containing 1T Special Item Numbers) only. Cooperative Purchasing for these categories is authorized under Federal law by the Local PreparednessAcquisition Act (Public Law 110 246) and Section 211 of the E:GovemmentAct of2002 (Public Law 107- 347). .18 Under this program, State and local governments have access to GSA Schedule contractors who have voluntarily modified their contracts to participate in the Cooperative Purchasing program. The U.S. General Services Administration provides a definition of State and local governments as well as other vital information under the frequently asked questions section on its website at hit yWwWN{sa Holt/cooperatiyenurchasin • Disaster Recove Purchasin Program . GSA plays a critical role in providing disaster recovery products and services to Federal agencies. Now State and Local Governments can also benefit from the speed and savings of the GSA Federal Supply Schedules. Section 833.of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-384) amends 40 U.S.C. §502 to authorize GSA to provide State and Local governments the use of ALL GSA Federal Supply Schedules for purchase of products and services to be used to facilitate recovery from a major disaster declared by the President under The Robed T_ Stafford Disaster Relief and Err1eroency Assistance Act or to facilitate recovery from terrorism ornuclear, biological, chemical orradioiogical attack GSA provides additional information on the Disaster Recovery Purchasing Program website at l /// r,,,n,gsa oov/dicasterrecovery. State and local governments can find a list of contractors on GSA's website, htto://www.osaelThra , sa_ ov, denoted with a P or i= symbol. Assistance is available from GSA on the Cooperative Purchasing and Disaster Purchasing Program et the local and national levels, For assistance at the local level, visit htt ://www. sa. ov/csd to find a local customer service director in your area, For assistance at the national level, contact Tricia Reed at tricia.reednr,sa• (571) 259-9927 More information is available on all GSA State and local programs at www.asa qov/stateandiocal. Note: FEMA has spoken with GSA regarding the use of Disaster Recovery Purchasing by National Urban Search and Rescue System Task Forces to repair and replace items in the standard equipment cache. Since any anticipated response by a US&R Task Force would involve recovery from a Stafford Act event, terrorism, or nuclear, biological, chemical, or radiological attack, Task Forces are permitted to use Disaster Recovery Purchasing both before and after an event has occurred, even if there is no immediately anticipated event Task Forces are not permitted to use Disaster Recovery Purchasing for items that are intended solely for use during training exercises; as such activities do not directly aid recovery efforts. 19 , ) FEMA PART VIiI. ;.r,sp OTHER INFORMATION National Urban Search and Rescue Response System US&R Task Force FY2010 Readiness Cooperative Agreement I. PURPOSE The U. S. Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA) are accountable to provide support and funding for the maintenance and readiness of the National Urban Search and Rescue (US&R) Response System. The purpose of this Readiness Cooperative Agreement is to support The continued development and maintenance ofa national urban search and rescue capability. Specifically, this agreement provides a mechanism for distribution of Cooperative Agreement funding for certain purposes in preparation for US&R disaster response. This Cooperative Agreement allows each Sponsoring Agency of a US&R Task Force the opportunity to maintain a high standard and condition of operational readiness and includes guidance on key areas for Task Force management to focus on continued preparedness efforts. This cooperative agreement provides direction to the US&R Task Force Sponsoring Agency for the use of funding to provide: administrative and program management, training, support, equipment cache procurement, maintenance and storage. 11. BACKGROUND DHS/FEMA, in cooperation with other Federal, State and local agencies created the National US&R Response System to provide a national rescue capability that provides lifesaving resources to victims of structural collapse. When this system was developed in 1990, there was limited capability in only a few States to perform this mission and no resources were available for a coordinated national response. In 1992, the Federal Response Plan (FRP) was published by FEMA and coordinated activities with 26 Federal agencies. The Federal government's response to disasters was classified into 12 Emergency Support Functions (ESF). ESF-9, Urban Search and Rescue, was established with FEMA as the Primary Agency. FEMA maintains a national consensus on standard operating procedures, organizational structure, equipment, training and exercise requirements. Currently, 28 state and local 20 Sponsoring Agencies in 19 states participate in the National US&R Response System by making their Task Forces available for national disaster response. DHS/FEMA had no,organic heavy rescue capability of its own and realized the best sources for US&R knowledge and skills reside at the State and local level. The National US&R Response System was developed and continues as a Federal —State —local partnership, based on a Memorandum of Agreement (MOA) and individual Response and Readiness Cooperative Agreements. While the MOAs provide the basic operational "Agreement" between DHS/FEMA, the State and Sponsoring Agency, the individual Readiness Cooperative Agreement provides the mechanism for distributing Federal funds to the Sponsoring Agencies of the 28 US&R Task Forces for continued readiness efforts. in December 2004, the National Response Plan (NRP) was published by VHS which integrates the Federal Response Plan into the NRF. NRP has since been updated in January 2008 and is now referred to as the National Response Frameworks (NRF). At this time, ESF-9 was expanded to include urban, water -borne, wide area, aerial, and land -based search and rescue. tll. DHS/FEMA OBJECTIVES DHS/FEMA, through the National US&R Program Office and Grant Programs Directorate, shall: 1. Provide oversight and funding to US&R Sponsoring Agencies to manage and administer Task Force affairs and activities in accordance with accepted standard business practices. 2. Provide oversight and funding to train andlezercise.Task Force members and other National US&R Response System personnel to safely perform assigned US&R duties in accordance with established FEMATUS&R approved standards and guidance. 3. Provide oversight and funding to acquire and maintain the equipment in accordance with the US&R Equipment Cache List as approved by the FEMA USSR Program Office. 4. Provide oversight and funding for the lease of space to provide offices, training facilities and/or storage of vehicles and equipment, as needed. 5. Provide resources (e.g., staff, equipment, funding) to support readiness and standby activities, subject to availability of funds (e.g., catastrophic planning, technical assistance, mobilization exercises, etc.). 6. Provide a forum for discussion on strategic issues by hosting an annual Sponsoring Agency Chief/Head meeting-with•the DHSfFEMA Administrator, or designee. 21 tV. APPROVALS Advance approval must be obtained in writing from both the US&R Program Office and the FEW Grants Assistance Officer for the following (in accordance with Grants Management Policy and 44 CFR Part 13 and 2 CFR Part 215): • Approval for activities or expenditures not identified in the Task Force narrative and budget, but are allowable within the scope of work for this Cooperative Agreement (i.e., budget changes); • Requests for extension of the period of performance for this Cooperative Agreement • Requests for spending Cooperative Agreement funds prior to the beginning of this period of performance (°pre -award costs') Unauthorized ex enditures ma be denied and re uired to be reimbursed to DHS-- FEMA• Use of Coo erative A reement funds rovided throw h this a reement for an aci vi that occurs outside the United Stales and its territories is rohibited unless authorized 6 the US&R Pro ram Office FEMA Grants Office and FEMA International Affairs pnor to incuding casts for the activity. V. APPLICABLE LAWS AND POLICIES/ORDER OF PRECEDENCE This award is subject to the laws and regulations of the United States. This Cooperative Agreement incorporates the terms and requirements of any applicable Agency policies and all US&R Program Directives issued by the US&R Program Ofr1c, including those issued during the term of this Cooperative Agreement. Any inconsistency or conflict in terms and conditions specified in the award will be resolved according to the following order of precedence: public laws', regulations (including the US&R Interim -Final Rule at 44 CFR Part 208), applicable notices published in the Federal Register, Executive Orders, OMB Circulars, agency award conditions, the terms and conditions of the Sponsoring Agency's Memorandum of Age frties t with FEMA, applicable DRS and FEMA policies, and US&R Program Some of the terms and conditions contained herein may contain, by reference or substance, a summary of the pertinent statutes, regulations, Executive Orders, or OMB Circulars. To the extent that it is a summary, such provision is not in derogation of,, or an amendment to, any such statute, regulation, Executive Order, or OMB Circular. VI. COOPERATIVE AGREEMENT FUNDING The FY 2010 Cooperative Agreements basic total for each Task Force is $1,041,900. Th p US&RPrograrn Office.recornmended and/or required allocations are outlined in 22 Appendix A of this document. Additional fundsallocated to specific Task Forces are outlined in Appendix B and C of this document. Each Task Force can apply for up to the amount allocated to their agency as shown in Appendix 8. All Sponsoring Agencies must submit supporting documentation with each application. The Period of Performance for the FY 2010 US&R Readiness Cooperative Agreement funding is 18 months and is specifically identified in the Agreement Articles. Each Task Force should submit budget plans covering only 12 months for salary expenses, lease costs and scheduled training costs within the period of performance. However, the 18 month performance period is available for internal acceptance of funds and procurement of equipment and supplies. VIL DHS/FEMA/US&R PROGRAM OFFICE RESPONSIBILITY 1. Review, approve, and adopt US&R-related products, including technical manuals, operational procedures, training curriculum and supporting manuals, meeting agendas and other requirements for the National US&R Response System. 2. Coordinate and support meetings relating to the National US&R Response System activities, to develop and implement policies, procedures and US&R System documents. 3. Establish and disseminate policy and Program Directives for the National US&R Response System based on 44 CFR Part 208 and with substantial involvement and input from the partner sponsoring agencies and their members. Determine annual funding levels for readiness activities. 5. Purchase equipment and deliver to US&R Task Forces, based on need and available funding, Review and/or approve expenditure reports, performance reports, personnel records, training records, Task Force self -evaluation documents, equipment cache and excess property inventories and other deliverables required by the US&R Program Office. 7. Review and approve/disapprove in writing, in conjunction with the Grants Assistance Officer, any cost deviafions or budget revisions from those prescribed in this agreement or from other DHS/FEMA established policies. Implement the policy, criteria and procedure for Task Force evaluations. Distribute an annual Task.Forceself-evaluation survey with a 90-day submission. 23 suspense, on, or about March 1 s�, for completion by the Task Forces. Conduct a cooperative peer -based operational readiness evaluation program. 9.. Track, disseminate, and consistently update the status of Operations and Work Group recommendations to all System components. 10. Based on available funding, the US&R Program Office may activate Task Forces for activities associated with scheduled NSSEs. Task Forces activated under this section will be notified in advance, through written activation orders that will provide authorization for travel and to carryout activities of the required operations. Prior to any activities under this section, the US&R Program Office will request cost estimates from identified Task Forces. This item would be funded separately from annual Cooperative Agreement funding, but could be either an amendment to this Cooperative Agreement or the Response Cooperative Agreement VIII. SPONSORING AGENCY RESPONSIBILITY AND REQUIREMENTS Under this Readiness Cooperative Agreement, the Sponsoring Agency shall use funding to prepare the Task Forces under the following categories: Administration/ Management, Training, Equipment, and Storage/Maintenance. A. ADMINISTRATION AND MANAGEMENT 1• Provide sufficient staff for management and administration of the US&R Task Force day -today activities. This staff shalt be responsible for program management, grants management, financial management, adminislrative support, training coordination and instruction, logistics management and property accountability. These management responsibilities include, but are not limited to, Task Force salaries and expenses coordination; record -keeping; inventory and maintenance of the US&R Equipment Caches; communicating with Task Force members and parties who support Task Force activities; and similar management and administrative tasks. 2. Purchase equipment necessary to administer the Task Force. These items may include but are not limited to, laptop and desktop computers, cellular telephones/wireless PDAs, printers, scanners, copy machines, office furniture, etc_ 3. Recruit, train and maintain a roster of personnel to enable complete staffing of a Type I US&R Task Force. Positions shall be staffed from within the Task Force organization, unless prior approval is given by the Program Office. The rostered staffing level shall be a maximum 210 personnel, plus up to 10% allowable staffing overage, to address attrition, 1ST members, etc. The Task Force shall pursue the goat to roster the minimum of 140 deployable personnel; two deep at each of the positions required for a Type I configuration. 24 The Task Force shall equip, train, and maintain C8RNE/Hazrnat assets to prepare the Task Force for limited hazmat capability for the core structural collapse mission. 5. Ensure each Task Force member meets the necessary license, certification or other professional qualification requirements of their assigned position. Further ensure that the Task Force has the documentation on file to verify this information. 5. Task Force may use funds to cover salary and travel for product research and development efforts, when authorized by the US&R Program Office who will coordinate with the Grant Programs Directorate, subject to available funding_ This may be authorized to keep apprised of cutting edge technology for equipment used within the System. 7. Task Force may use funds to cover salary and travel to enable Task Force personnel to collaborate with Federal, State, or other entities (e.g., other US&R system assef(s), emergency responders) to enhance the capabilities of the US&R system. 8. Ensure Task Force is prepared for ongoing OREs and completes an internal self - evaluation operational readiness and preparedness survey as provided by the National US&R Program Office. The completed electronic cop y evaluation shall be submitted to the US&R Branch Chief by Junpiffle e1, or as If otherwise directed by the US&R Program Office. 9. Submit to DHS/FEMA Program Office the following items on one compact disk (CD) by June 1st: a. A current database of Task Force Personnel, in a format provided by the Program Office b. A current US&R Task Force Equipment cache database in a Microsoft Access -compatible database format. This database shall include both equipment caches. c. A current Time -Phased Force Deployment Data (TPFDD) Form ("Aircraft Loading Data"), in a format provided by the Program Office. 10. Ensure funds are properly allocated, accounted for, and reported for those Task Force members who serve as the Operations Group Chair, Work Group Chairs, Sub -Group Chairs and Task Force Leader Representatives, as appropriate and authorized by the US&R Program Office,. These funds are intended to defray personnel salary, backfill, travel and other administrative costs associated with these positions for assigned Task Forces in accordance with Appendices C and D. 11. Ensure timely reporting of expenditures for readiness activities carried out under this agreement and timely delivery of Cooperative Agreement reporting, Refer to Section IX, Reporting. 25 12. As funding allows, ensure personnel salaries and expenses relating to Task Force administration, development and training preparedness activities are paid in accordance with established Sponsoring and Participating Agency policies/practices and in a timely manner, but no later than 120 days after completion o.f a training exercise. Appropriate personnel records shall be kept in accordance with 44 CFR Part 13 (FEMA's codified version of OMB Circular A- 102), and 2 CFR Part 215 (OMB Circular A-110). 13. Compliance with the NIMS is a condition for award of this Cooperative Agreement as outlined in Homeland Security Presidential Directive 5, Managing Domestic Incidents. Sponsoring Agencies must comply with the NIMS Implementation Activities established annually by FEMA_ Sponsoring Agencies must report NIMS compliance activities in accordance with State and local NIMS guidance. Additionally, a certificate of completion for each required course must be located in each US&R task force member's personnel file for each required course. The following independent study courses are required for all task force members: IS-100, IS-200, iS-700 and IS-800. State offered NRF NIMS or equivalent certificates may be substituted for those courses offered on the FEMA N1MS website provided they meet Federal NIMS standards. For further information on compliance and guidance, refer to the following website: h_ p://www.fema Qov/emergenrv/nims/indexshtm. 14. Attend DHS/FEMA-sponsored or DHS/FEMA-approved US&R meetings,' conferences, and training sessions, to include Task Force Leader meetings, the 12 standing US&R Work Groups, Operations Group, Ad Hoc Work Groups and Sub -Groups, 1ST training/meetings, workshops, Sponsoring Agency Chief/Head Meetings or others as directed by the US&R Program Office as they relate to the National US&R Response System. Other activities include on -site peer ORE of other Task Forces, quality assurance oversight of.FEMA-sanctioned training courses, training with .other Task Forces, grants management training, SUSAR Alliance meetings and activities, and research and development for equipment, as directed by the US&R Program Office. The US&R Program Office is allocating certain funds as identified in Appendix A for travel. All travel funds shall be accounted for under Management and Administration and/or Training at the Task Force level. 15. Provide complete medical evaluations and immunizations to as many Task Force members as possible (as defined by the US&R Medical Work Group).Medical c screening should be conducted, at a minimum, on a triennial basis for each Task Force member. The medical evaluation shall become part of their personal medical record. Please refer to US&R Program Directive 2005-008 or successor, Task Force Medical Screening or a more current directive issued by the US&R Program Office. B: TRAINING 26 Provide US&R-related or US&R-required training for Task Force personnel, including the delivery of local US&R training courses or other courses specifically required by the US&R Position Descriptions or the US&R Program Office. 2. As funding permits, conduct at least one Task Force mobilization or deployment exercise during the Cooperative Agreement period of performance. Task Force is encouraged to exercise as many Task Force members as possible during this cooperative agreement. a. A Federal Task Force deployment during the period of performance would satisfy this requirement, as long as the Activation Order is filed with the Cooperative Agreement. b. Non -Federal Task Force deployments could satisfy this requirement, but must be authorized by the Program Office in writing. c. If a Task Force is deployed, those funds originally set aside for a deployment exercise may then be used for other US&R approved items within the same budget category. This change must be addressed in their Semi -Annual Performance Report. A budget change is only required when funds are moved to another program budget category. 3_ Submit an after -action report within 90 days of the completion of a mobilization or deployment exercise or a training activity with duration of more than 24 consecutive hours. Send the report to the attention of the US&R Branch Chief and written in a format where lessons learned may be shared with other task forces in the National US&R Response System. 4. Ensure training and exercise activities of the Task Force meet National US&R Response System standards, requirements and certifications. Ensure training records for ail Task Force personnel are kept in a central, secure location. Provide funding for expenses related to the acquisition, maintenance, training and certification of US&R Canine Search Teams. This statement is not related to the funding provided to host Canine Evaluations. 6. When authorized, ensure funds are distributed in support of Task Forces hosting a Canine Evaluation, as stated in accordance with Canine Evaluation schedules identified in Appendix F. When funding for the Canine evaluations exceeds actual costs, the excess allocated funds may be redirected to other US&R Program activities that support the Task Force's Canine program under Item 5. If remaining funds are used to cover costs under Section VIII, A, Item 14, include items and their cost in their Semi -Annual Performance Report submission. 7. Provide third party Grants Management Training to assigned Task Force Grant Managers and Assistants who have not previously attended training. Grant Management Training is mandatory for all US&R Grants Managers and Assistants. Grant Management Training is optional, but highly recommended, for _US&R Program Managers and ether key personnel assigned to US&R administrative duties. Personnel should attend training from a facility that 27 provides a "Grants Certificate Program" and/or the US&R Grant Manager Course. The Task Force shall submit information regarding the program or classes to the Grants Assistance Officer for written approval prior to registering or attending any classes. The Grants Assistance Officer may be contacted for further information on classes offered. Examples of some Grants Management courses offered are as follows: a. Managing Federal Grants and Cooperative Agreements for Recipients, b. Uniform Administrative Requirements: OMB CircularA-102 and 2 CFR Part215 c. Cost Principles: 2 CFR Part 220 (A-21), 225 (A-87), 230 ((A-122), and FAR 31.2 d. Applying for Federal Grants and Cooperative Agreements e. How to Prepare the Application Budget f. Business Management Systems for Recipients g. Audit of Federal Grants and Cooperative Agreements. Every effort shall be made to attend continuing education by Task Force Grant Managers and Assistants during the cooperative agreement to stay current with regulation updates/changes. 8. Provide Microsoft (IvlS) Access database and MS Excel training, as needed to US&R Logistics and Program Management personnel to maintain personnel, equipment, grant, financial and accountability records. Program Managers are authorized to use readiness funding to provide "beginner", "intermediate" and "advanced" MS Access Database and MS Excel training to Program Management personnel C. EQUIPMENT The Sponsoring Agency is authorized to purchase equipment as fisted in the most current. approved DHS/FEMA Task Force Equipment Cache List. Task Force personnel are reminded and directed not to exceed quantity caps (per cache as listed on the cache list and the current manufacturer's suggested retail Price (with documertation) unless prior approval is received by the USSR Program Office. Task Forces must follow Sponsoring Agency procurement regulations, which are in accordance with 44 CFR Part 13 or 2 CFR Part 215 to ensure reasonable prices are obtained. Special consideration is given to Task Forces to purchase other equipment items in support of training, administrative, and warehouse/maintenance needs. Any other equipment not specified above can only be purchased after receiving written approval from the Program Office. 2. When funding is provided, ensure that funds are made available to purchase and maintain medical response kits for the 1ST Medical Officer assigned to the Task Force identified in Appendix C. 3. Specific Task Forces are also identified and provided funds in the amount of $10,000 covering costs to maintain the 1ST "B" and "C" cache. Cooperative Agreement-reoufations apply to these funds and shad not be transferred to a Participating Agency. 28 i All equipment must be tracked as to its origin. Equipment that is procured with this Cooperative Agreement funding shall be identified with the source, cache list number and Cooperative Agreement number, in accordance with 44CFR, Part 13 or2 CFR Part215. Additionally, Federal equipment shall be properly identified as to the ownership and funding source (including Agency name and Cooperative Agreement number or Disaster/contract number). The tracking can be accomplished through procurement documents, through fields in a database, or spreadsheet. It is the responsibility of each Task Force to develop a method of tracking in accordance with this section. However, it should be a system that will easily and quickly identify the information. Additionally, all procurement records and receipts should be cross-referenced and coded with the Cooperative Agreement number, cache list item number, Statement of Work section, or source of origin, or a system to easily and quickly identify the information. No transportation equipment is authorized for purchase as part of this Cooperative Agreement unless authorized by the US&R Branch Chief and Grants Assistance Officer in writing. 6. Equipment and prime mover vehicles purchased with Federal funds or provided by DHS/FEMA shall be for the use of the US&R Program and shall not be used for normal da -to-do o erations of the S onsorin or Partici atin A enc . However, this requirement does not preclude the Sponsoring Agency from using this equipment or vehicles on a local, regional or State disaster response or under other exceptional circumstance.. The US&R Branch Chief shall be notified immediately in writing of any exceptional use of the two US&R Equipment Caches that diminish the response capability of the Task Force: The Sponsoring Agency is responsible for replacement, re -supply and or repair of equipment used or consumed during activities not associated with the National US&R Response System and retum to an immediate state of readiness. Task Forces are not authorized to urchase eoui rnent with funds authorized throu h the DHS/FEMA Assistance to Firefr hters Grant Pro ram. However, this does not prevent the Sponsoring Agency from applying to the DHS/FEMA Assistance to Firefighters Grant Program for other costs or items not associated with the US&R Program. 8. Tide for the original cache, vehicles, and all equipment purchased under the Cooperative Agreements reside with the Task Forces (44 CFR Part 13). 9. Tide to the new DHS (i.e., "Second Cache") Equipment Cache purchased and distributed to the Task Forces by FEMA resides with DHS/FEMA. 10. Title for any equipment purchased under this Cooperative Agreement directly by a Task Force shall reside with the Task Force. 29 11. Should the Task Forces transfer, sell, or scrap any of the equipment and/or vehicles, they are required to first ask for prior written approval and disposition instructions from the US&R Program Office and Grants Assistance Officer for all Federafly-furnished equipment and all grant -purchased equipment with a single item value over $5,000 (in accordance with 44 CFR 13.32(e) and FEtvtA Manual fi 150.1, dated July 1996, or current edition at time of disposition). 12. For the purpose of accountability and safety, US&R Task Forces are authorized to purchase an ID System, as long as they meet the requirements outlined in US&R Program Directive 2006-019 —Accountability and Medical Information Cards. MAINTENANCE AND STORAGE Maintain an accountability of property acquired under Cooperative Agreement funding, distributed Federal property and acquired Federal Excess Property. Provide an annual report to DHS/FEIJIA on the status of Federaf property each year, as part of the database submittal to the US&R Program Office Branch Chief. Conduct an inventory of Federal property and property acquired under Cooperative Agreement funding, in accordance with 4-4 CFR Part 13 or 2 CFR Part215. 2. Provide manufacturer's recommended maintenance and repair to US&R equipment acquired and specifically identified on the DHS/FEMA approved US&R Equipment Cache Lists. Also, provide maintenance and repair to any supplemental equipment as approved by DHS/FEMA, which was purchased with DHS/FEMA funding and delivered to the Task Forces, purchased during a US&R field response, or was acquired with DHS/FEM,1 approval through the Federal Excess Property Program. Task Forces are expected to perform routine maintenance of equipment to maintain a state of readiness. 30 3. As part of the operational readiness of each Task Forceall US&R equipment shall be maintained in an immediate state of readiness in a cache storage facility or facilities. This may include planning and engineering and other costs for development, maintenance, and/or lease of storage facilities and associated equipment for US&R equipment and supplies. Any costs for upgrades to existing warehouse facilities associated with this funding must be included in the budget narrative or submitted as a budget change and be approved by the Program Office and the Grants Assistance Officer prior to the start of any work. Task Force personnel are reminded, if they are relying totally on the Cooperative Agreement for funding leased warehouse space, they are not permitted to enter into agreements for longer than the Period of Performance of the Cooperative Agreement. However, contracts can be written with an available funds clause or option" years for protection. This Cooperative Agreement may not be used for funding new capital construction. However costs associated with leasing, upgrading, minor renovations and modifications of existing warehouse facilities that do not change the footprint of the structure are permitted. 4. The day-to-day repair, maintenance, storage and administrative costs for all equipment purchased or provided by DHS/FEMA will be accomplished via this Cooperative Agreement funding provided and in accordance with the cost principles (2 CFR, Part 225). Refer to 2 CFR Part 225 or 2 CFR Part 230(Cost Principles) for specific guidance on purchasing insurance. IX. REPORTING The Sponsoring Agency shall use the following procedure for reporting. There are several types of reports required for this agreement. Refer to Appendix E for specific instructions and points of contact to submit all reports and deliverables. A. REQUIREMENTS 1. Task Force Self -Evaluation: as identified in Section VIII, Subsections A.8 of this document is by June 15t (or when otherwise directed by the US&R Program Office). 2. Personnel and Equipment Database CD submittal: as identified in Section VI►1, Subsections A. 9 and D. 1. Provide DHS/FEMA with an updated database of the Task Force Personnel and the US&R Equipment Cache in a Microsoft Access database program. Also provide a current Task Force Phased Deployment Data (TFPDD) Form, in a format provided by the Program Office. Copy files onto one CD and forward the disk to the US&R Program Office by overnight carrier. This CD shall be submitted with a cover letter addressed to the US&R Program Office Branch Chief by June 1st. 31 3. The Semi -Annual Performance Report is due to the DHS/FEMA US&R Readiness Cooperative Agreements Project Officer for the duration of this agreement and is a written report providing a narrative and expenditures, as explained below. a. The Sponsoring Agency shall electronically send the first report semi- annually by January 30th (covering the time period of July 1st through December 31st) and the second by July 30th (covering the time period of January 1st through June 30th) of each year until the Cooperative Agreement is closed. b. The Performance Report shaft include Task Force accomplishments and the total budgeted, expenditures and balance for the Cooperative Agreement funding within the following areas: Administration/Management, Training, Equipment, and Maintenance/Storage. c. Performance Narrative and Funds Report (FEMA Form 089-11) shall be used. d. All changes, whether requiring prior approval or not, shall be noted in the Performance Reports and closeout documents. e. The Final Performance Repot are to be emailed to the US&R Program Office and DHS/FEMA Grants Management Branch. Addresses listed in Appendix E. 4. The Federal Financial Report (FFR) SF-425, also referred to as the quarterly financial report, is due within 30 days after each quarter ends_ This form is •accessible through the Department of Health and Human Services (HHS) SMARTLINK System and will be used in lieu of the PSC 272 forms. After completing SF-425 either manually or through SMARTLINK, the document must be printed, scanned, and emailed as a .PDF document through the Grant Management System (GMS). This report is required every quarter, thirty (30) days after the end of each quarter, including partial calendar quarters, whether funds are drawn or not from the Health and Human Services (HHS) S►viARTLINK System. Future awards and fund draw downs may be withheld if these reports are delinquent. The quarters are separated as follows: October through December, January through March, April through June, and July through September. Reporting periods and due dates: • October 1 — December 31; Due January 30 • January 1 — March 31; Due Aprl,' 30 • April 1 —June 30; Due July 30 • July 1— September 30; Due October30 OMB has directed that the Federal Financial Report (FFR) SF-425 replace the use of the SF-269, SF-269A, SF-272, and SF-272A, which will no longer be available after October 1, 2009. The SF-425 is intended to provide Federal agenties-arid grant recipients with a standard format and consistent reporting requirements throughout the government. 32 i 5_ Financial and Compliance Audit Report. Recipients that expend $500,000 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 Accountability Office, Government Auditing Standards, located at http://www.gao.gov/govaudlybk01.htm, and OMB CircularA-133, Audits of States, Local Governments, and Non -Profit Organizations, located at httollwww.whitehouse.qoviomb/circulars/a133/a133.html. Audit reports are currently due to the Federal Audit Clearinghouse no later than nine months after the end of the recipient's fiscal year. In addition, 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 FY 2010 Cooperative Agreement assistance for audit and examination purposes, provided that, in the opinion of the Secretary or the Comptroller, these documents are related to the receipt or use of such assistance_ The grantee will also give the sponsoring agency or the Comptroller, through any authorized representative, access to, and the right to examine all records, books, papers or documents related to the grant B. CLOSEOUT REPORTS The scope of work approved for the Cooperative Agreement must be completed within the Period of Performance. The task force will have 90 days after the Period of Performance to complete the final payments, and prepare the closeout documents. If unable to complete the closeout process by the due date, the task force must contact the Grant Programs Directorate and Program Office to request an extension of the closeout period. At a minimum the following closeout documents must be submitted: 1_ Cover Letter - Should address the closeout of the Cooperative Agreement and the number. Please note any items that are not applicable. If the equipment and/or supplies are maintained by the Task Force then they will need to include a statement that the equipment/supplies will be used for their intended purpose of the Cooperative Agreement, over the fife cycle of the equipment/supplies. 2. Final Performance Report should include a summary of qualitative accomplishments that the Cooperative Agreement has made for the duration of the grant period. Quantitative data may be used to support any impact statements. The report should be broken out into the four (4) program categories: Administrative/Management, Training, Equipment, and Storage/Maintenance. 3. Final Federal Financial Report (FFR): A new FFR is provided as an attachment along with the instructions. A standard govemment-wide FFR (SF- 425) is now required, in lieu of the FF20-10 or SF 269A (Short Form). 33 4. Equipment Inventory: This form is required if items purchased with Federal grant funds -has a current fair market value of $5,000 or higher, per single item must be reported (copy of form attached). If the Task Force does not have any items to report that meet the threshold, provide a copy of the form noting such or provide a statement in the Performance Report or Cover Letter to indicate the same information. Provide a statement expressing the intent to continue use of Federally- Furnished Property for the Federal US&R Program, as noted in the most recent equipment CD submission. 5. Inventory of Unused or Residual Supplies purchased with Federal grant funds, which in the aggregate exceed $5,000 must be reported (copy of form attached). If the task force does not have any residual supplies in the aggregate that exceeds $5,000, provide a copy of the form noting such or provide a statement in the Performance Report or Cover Letter to indicate the same information. 6. Patent/Invention Disclosure, if applicable (Form Attached). Provide a copy of the completed form if applicable If the Task Force does not have any patents or inventions provide a copy of the form noting such or provide a statement in the Performance Report or Cover Letter to indicate such. ?• Audit Requirements: q There are requirements and rights for audits pursuant to the Cooperative Agreement terms and conditions. All grantees must follow the audit requirements of OMB circular A-133, Audits of States, Local Governments, and Nan -profit Organizations. The OMB Circular states that grantees who expend $500,000 or more in Federal funds (from all Federal sources within their fiscal year) must have a single audit performed yearly in accordance with the circular. If the Task Force falls under this category they must submit a copy of their Single Audit Report along with their Closeout Documentation, In addition it is a requirement to send a copy of the Audit to the Single Audit Clearinghouse. The Single Audit Report is required to be reviewed during the closeout process. FEMA retains the right to negotiate any shortages or findings found in the audit reports, disallow costs and recover funds on the basis of an A- 133 single audit other audit or other review. 8. Refund Checks: !f appropriate, a check should be made payable to FEMA to return any Federal funds drawn under the Cooperative Agreement but not expended. This may also include interest earned in excess of the allowable $100 for State, Local, and Indian Tribal Governments, or $250 for all others that are allowable for administrative expenses, or any other appropriate financial adjustment due FEMA, including Audit adjustments. 9. Record Keeping/Retention: Retain d include a records pursuant to the grant conditions Grant records should articles, ledgers, documentation ofexpenditu es, documentation copies ocopy of the award document, grant f of cancelled checks, paid invoices, payrolls, T&A records, contract records, etc. As a reminder..all_Single Audits must be -completed covering -the period of performance for the grant and all Single Audit Findings must be resolved prior to 34 the final closeout of the Cooperative Agreement Upon completion ofall required actions, the submission of all required items, and any appropriate financial adjustments and payments, FE1viA will advise the Task Force in writing when the award can be considered closed out. This information must be kept for three years after the date of submission of the final closeout documents or later date if the sponsoring agency requires a longer record retention period. See 44 CFR 13 and 2 CFR 215 for further information about the items in this paragraph. It is generally three years from the submittal of the final closeout documents, but may be longer if there are audit findings or the audit covering The period of performance for the Cooperative Agreement has not been completed. C. TIMELINES Task Force Self -Evaluation: on or about June 1st, or as directed by the Program Office (Task Forces shall return the forms 45 days after receipt from the Program Office) Personnel and Equipment Database CD: due June 1st to US&R Program Office only. 3. Quarterly Federal Financial Report (FFR): Submit the Federal Financial Report Form FFR (SF-425) quarterly, within 30 days after the quarter ends. (Due by January 30, April 30, July 30 and October 30). This form is accessible through the HHS SMARTLiNK System. 4. The Semi -Annual Performance Report: due by January 30 and July 30 each year during the Period of Performance. 5. Final Performance Report due to DHS/rEMA within 90 days after the Period of Performance expires. 6. The Final Federal Financial Report (FFR), SF-425, due vwit hin 90 days after the Period of Performance expires. 7. Equipment Inventory and Inventory of Unused or Residual Supplies due within 90 days after the Period of Performance expires. 8. Final Payment/Unexpended Funds: due within 90 days after the Period of Performance expires. Task Forces must be current with all reports at the time of award of this Cooperative Agreement. X. TIME IS OF THE ESSENCE 35 • DNS/FEMA is providing an annual Readiness Cooperative Agreement and it is strongly recommended that the Sponsoring Agency seek expedited approval for the acceptance and management of the Cooperative Agreement. The US&R Program and Grants Offices acknowledge the time -sensitive nature of processing and awarding the Cooperative Agreement and will make every effort to expedite the process. The time frame provided by DHS/FEMA must be strictly adhered to, The U.S. Congress is closely scrutinizing the timely spending of Readiness Cooperative Agreement funds and failure to meet necessary requirements and time frames may result in the loss of funding for this and future Cooperative Agreement periods. XL PROCEDURE TO COMPLETE APPROVAL OF COOPERATIVE AGREEMENT I• The US&R Program Office and Grant Programs Directorate will review the Task Force's Cooperative Agreement application, Once approved, the Grants Assistance Officer will send four copies of the obligating document, FEMA Form 40-21, to the Task Force Sponsoring Agency for signature. If the cooperative agreement is processed through the web -based Grant Management System (GMS), the documents will be available online. 2. The Task Force Sponsoring Agency is required to obtain The proper original signature on each document and return three signed FF 40-21 documents to the Grants Management Branch as instructed. Keep one signed original for Task Force records. Include a cover letter in an acceptable format when returning the FF 40-21. 3 The Task Force Sponsoring Agency is responsible for ensuring the original application package and subsequent FF 40-21 are sine ve Grants Management Branch deadlines. Please use the tracking numbed by the provided by cvemight earner to ensure timely delivery. Appendices: A Cooperative Agreement Funding — Recommended Allocations B Task Force Allocato, �s and Budget Totals document C Administration Budget D List of Work Group Chairs E Summarized Spreadsheet of Deliverables F US&R Annual Activity Calendar2010 36