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HomeMy WebLinkAboutExhibit 1- CURRENT 70TH AERIAL PORT SQUADRON BAPTIST HEALTH SYSTEMS BOCA RATON BOYNTON BEACH BROWARD SHERIFF'S OFFICE °LULEA MEDICAL CENTER DOPER CITY FIRE RESCUE CORAL GABLES CORAL SPRINGS DAVIE FIRE RESCUE DEERFIELD BEACH FT LAUDERDALE GOLDEN BEACH POLICE DEPARTMENT HALLANDALE BEACH HIALEAH HOLLYWOOD LAKELAND FIRE LAUDERDALE LAKES MARGATE MERCY HOSPITAL MIAMI BEACH MIAMI-DADE MIRAMAR NORTH NAPLES OAKLAND PARK PALM BEACH COUNTY PALM BEACH GARDENS PASCO COUNTY PEMBROKE PINES POMPANO BEACH SUNRISE TAMARAC TAMPA TEMPLE TERRACE VILLAGE OF KEY BISCAYNE WEST PALM BEACH UM/JMH PEDIATRICS Final Draft of Proposed SNP!, MOA Template as of 01/22/07; Includes changes directed at 01/17/07 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 OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM AND AS A PARTICIPATING AGENCY OF THE TASK FORCE This "Agreement" is entered into by and between the parties designated in Section 1; below, who agree that subject to all of the provisions of this Agreement, [ ] will serve as a Participating Agency for the Florida Task Force 2 of the National Urban Search and Rescue Response System. Each party further agrees that it assumes all 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 Participatino Agency: [ Name: [ Address: [ Telephone number: [ • 2. RECITALS Sponsoring Agency and Participating Agency have entered into this Agreement in recognition of the following Recitals: 1 Final Draft of Proposed SA/PA MOA Template as of 01/22/07; Includes changes directed a; 01/17/07 LIWG Meeting in Las Vegas, NV 2.1 City of Miami Fire Rescue. Sponsoring Agency is a cooperating party under a "Memorandum of Agreement" dated 09-11-2008 with the Federal Emergency Management Agency ('''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, at 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 City of 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 Participating Agency, [ 1 desires to be a Participating Agency in the Task Force, subject to at 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 wet 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. 2 Final Draft of Proposed SA'PA MOA Template as of 01/22107; Includes changes directed atol/17/07 LIWG Meeting in Las Vegas, NV 3. AGREED TERMS AND CONDITIONS 3.1 Participating Agency. 3.1.1 Participating Agency agrees to provide personnel to serve in certain designated positions on the Task Force as determined by Sponsoring Agency. 3.1.2 Participating Agency further agrees that Participants will meet the required qualifications for the positions to be filled, will receive 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. 3.2.1 Participating Agency and its Participants shall be afforded such coverage for third party liability and workers' compensation as is afforded all Task Forces and their System Members under Federal law, the scope of which is generally described in Appendices "A" and "B." 3.2.2 Except as afforded by the Federal Government, the responsibility for risks associated with claims for third party liability and workers' compensation arising out of participation in the Task Force, either organizationally by the Participating Agency or individually by its Participants, shall be the responsibility of Participating Agency and not under any circumstances, the responsibility of Sponsoring Agency. At all times, • Participating Agency shall maintain in full force and effect, and provided proof thereof, for the benefit of its Participants and its other employees engaged in System activities, coverage for workers compensation and third party liability to the full extent required by law. 3.3 Financial Provisions. 3.3,1 Preparedness Funds 3.3,1.1 In its sole discretion, Sponsoring Agency may distribute to Participating Agency such preparedness grant funding as Sponsoring Agency shall be eligible to and does receive from FEMA. Any such distributions 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 made available as Sponsoring Agency determines in its discretion. Sponsoring Agency shall make such distributions fairly and equitably taking into account the 3 Final Drati or Proposed SA/PA MOA Template as of D1/22107; Includes changes directed at 01117107 LIWG Meeting in Las Vegas, NV 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 Participating Agency for response expenses that are authorized to be incurred by or for the benefit of Participants 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 reimbursed by or on behalf of FEMA to Sponsoring Agency. 3.3.2.2 After an Activation, Participating Agency shall provide Sponsoring Agency with a complete cost reimbursement package to be submitted by Sponsoring Agency as part of an overall claim package which Sponsoring Agency is obliged to submit to FEMA. The Participating Agency's cost reimbursement package shall be submitted to the Spohsoring-Agency within 30 days after the end of the Personnel Rehabilitation Period established by FEMA. Participating Agency's cost reimbursement package shall be prepared in conformance with applicable federal directives which Sponsoring Agency shall disseminate to Participating Agency. 3.3.2.3 Participating Agency shall provide Sponsoring Agency with employee compensation information for its Participants at least annually, or as changes occur in compensation rates payable to Participants. That information and other pertinent Participant data required by Sponsoring Agency can be accessed at FLTF2,US, 3.3.2.4 To ensure proper reimbursement from FEMA, the compensation of Participants on the Task Force shall be in accordance with pay schedules and policies established by Appendix "B", from the time of activation and until the Task Force returns, is deactivated and Participants are retumed to regular work schedules. 43.3.2.5 All financial commitments of Sponsoring Agency are subject to the availability and receipt of funds by Sponsoring Agency from FEMA and other sources. 3.3.2.6 Neither Participating Agency nor any Participant shall be reimbursed for costs incurred outside the scope of this Agreement. 3,4 Reporting And Record Keeping Requirements, 3.4,1 The Participating Agency shall Sponsoring provide the Sp g Agency with nCB�C requested team member records within ten business days. 4 Final draft of Proposed SA/PA MDA Template as of 01/22J07; Includes changes directed al 01/17107 LIWG Meeting in Las Vegas, NV 3,4.2 The Sponsoring Agency may issue a Task Force Picture Identification Card to team members. 3.4.3 Participating Agency shall ensure that any medical or other records and information that are afforded confidentiality under applicable law are protected from unauthorized disclosure. 3.4.4 Participating Agency shall provide prompt and accurate reporting as specified in this Agreement. 3.5 Mandatory Minimum Requirements For Participation. Each Participant must satisfy all of the following for participation on the Task Force. 3.5.1 Each Participant shall be an employee in good standing of the Participating Agency. Entry-level employees who are probationary or in a similar . status are not eligible. 3.5.2 Each Participant shall be of good moral character and shall not have been convicted of any felony or any other criminal offense involving moral turpitude. 3.5.3 Participants 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 must hold the appropriate authorization, which must be current and validly issued. A copy of each document is required on file with the sponsoring agency. 3.5.4 Subject to any applicable FEMA standards, each Participant must meet the medical/fitness standards mutually agreed upon by Sponsoring Agency and Participating Agency and not have any medical condition or disability that will prevent performance of the duties of the Task Force position he/she occupies. 3.5.5 Each Participant must be available on short notice and be able to respond on a mission for up to 14 days. 3.5.6 Each Participant must be capable of improvising and functioning for long hours under adverse working conditions. 3,5.7 Each Participant must receive such inoculations as are specified by the Sponsoring Agency. 3.5.8 Each Participant must be aware of the signs, symptoms and corrective measures of Critical Incident Stress Syndrome. 3.5.9 Each Participant must understand and adhere to safe working practices and procedures as required in the urban disaster environment. 5 Final Draft of Proposed SA/PA MOA Template as of 01/22/07; Includes changes directed at 01/17107 LIWG Meeting in Las Vegas, NV 3.5.10 Each Participant 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. 3.5.11 Each Participant must have completed such courses of education and training and other requirements as the Sponsoring Agency shall specify. 3.5.12 Sponsoring Agency has authority to immediately suspend or terminate a Participant's participation on the Task Force for failure to satisfy any requirement. 3.6 Clothing and Equipment. 3.6.1 Sponsoring Agency will issue to each Participant certain items of personal protective clothing and equipment for use in Task Force activities and operations. In the event of Activation, Participant 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 a person ceases to be a Participant. It shall be the responsibility of the participating agency to insure the return of all equipment issued. It shall be in serviceable condition or the participating agency will reimburse the task force for the cost of the equipment. 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. 3.7.1 When a Participant 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 the Participant 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 Participant's employment within the context of his/her participation on the Task Force 3.7.2 Sponsoring Agency shall exercise direct supervisory authority over Participants 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. In all other instances where disciplinary action may be necessary, Sponsoring Agency shall report the pertinent circumstances to Participating Agency, which shall cooperate with Sponsoring Agency and shail administer discipline as appropriate in accordance with the Participating Agency's established.ruJs and regulations. Final Draft of Proposed sAPA MOA Template as of C1/22/07; Includes changes directed at 01/17/07 LIWG Meeting in Las Vegas, NV 3.7.3 Nothing in this Agreement is intended to, nor does it, affect the employer - employee relationship between Participating Agency and its employees who are Participants, and Participating Agency shall at all times continue to be fully responsible for all of its employment obligations to its employee Participants, including the compensation and benefits that the Participating Agency has agreed to provide. 3.7.4 While participating in System activities conducted by the Task Force, Participants shall be subject to and observe and comply with ail lawful orders and directions of the authorized representatives of Sponsoring Agency and the Task Force. Sponsoring Agency retains the right to suspend or exclude any Participant from participation on the Task Force for cause including failure to abide by the provisions of this Agreement. 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 internal or external 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 the primary responsibility for coordination of media coverage and liaison with media sources and representatives concerning activities of the Task Force. Sponsoring -Agency shall endeavor to expose all Participating Agencies to favorable media coverage opportunities. 3.9 Rules of Conduct. 3.9.1 All Participants will be expected to abide by the rules of conduct established by FEMA and the Sponsoring Agency, 3.9.2 The failure of a Participant to abide by the rules of conduct constitutes may result in suspension or exclusion from the Task Force under Section 3.7 above. 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. Participating Agency and its Participants shall cooperate with Sponsoring Agency and shall participate in the activities as necessary to achieve Task Force preparedness goals and objectives. 7 Final Draft of Proposed SA/PA MOA Template as of 01/22107; Includes changes directed a;01/17/07 LM'G Meeting in Las Vegas, NV 3.10.2 Participating agency cooperation may be required for specific training activities to be.conducted,,respectively, by Sponsoring Agency and by Participating Agency, 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 Participating Agency. Participants shall use Task Force cache equipment and supplies only for authorized purposes and shall exercise reasonable care to protect and preserve the property against loss or damage. The Participating Agency shall be financially accountable for any Task Force property that is lost or damaged due to negligence or unauthorized use by the Participating Agency. 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 will respond to Activation Orders. 3.11.1.2 Participating Agency 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 concerning the Participating Agency 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 Participating Agency's Point of Notification. The notice shall designate the Task Force positions for which Participating Agency's Participants are being requisitioned, the location of the assembly point, and to the extent known, the nature and character of the Activation. 3,11.1.4 Participating Agency shall at all times maintain the capability of providing requisitioned Participants for participation on a deployment of the Task Force. 3.11,1.5 Upon receipt of an Activation Order for the Task Force, Participating Agency shall cause the required Participants to respond to the assembly point designated in the notice. 3.11.2 Mobilization. 8 Final Draft of Proposed SA/PA MOA Template as of 01/22107: Includes changes directed at 01/17/07 MG NMeeling in Las Vegas, NV 3.11.2.1 All requisitioned Participants will respond to the designated assembly point within two hours of notification with,all required personal clothing and equipment and required documentation. 3.11.2.2 Participating Agency will select its Participants through a pre- established selection system that ensures the requisition is promptly filled with fully qualified Participants. 3.11.2.3 Selected Participants will be subject to a pre -deployment medical screening. Any Participant who fails the screening wit not be deployed. 3,11.2,4' Sponsoring Agency retains the sole right to determine which Participating Agency personnel, if any, will respond with the Task Force when Activated. 3.11.3 Other Communications. Sponsoring Agency will remain in contact with Participating Agency through the web based communication system if conditions allow. 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 [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 [State] 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 Miami Fire Rescue is appointed as and has agreed to serve as Sponsoring Agency for the Task Force. 9 Final Draft of Proposed SWPA IJIOA Template as of 01/22107; Includes changes directed al 01/17/07 LIVJG Meeting In Las Vegas, NV 4.3.2 Appendix "B" - The federal regulations published on February 24, 2005 in the Federal Registeras the Interim Final Rule at Vol. 70, No. 36, pages 9182- 9203. 4.3.3 Appendix "C" — Participating Agency's 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 Participating Agency 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 the Alert or Activation affects Participants of the Participating Agency. • 4.5 Miscellaneous Provisions. 4.5.1 The obligations of the Participating Agency 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 party 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 or local law, rules and regulations. 4,5.4 Each party shall at at times observe and comply with all applicable federal, state and local laws, rules and regulations. • 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 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. 10 Final Draft of Proposed SAIPA MOA Template as of 01/22/07; Includes changes directed a; 01/17/07 LIN'S keeling in Las Vegas, NV 4.5.6 Titles and section headings are for convenienceonly 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 Participating Agency. 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 Neither the United States of America or the State of Florida is a party to this Agreement. 4.5.11 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; execution of the Agreement was duly and regularly authorized by the party's governing 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 acted. 4.5.12 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 at of the risks assumed and obligations undertaken pursuant to this Agreement. 4.5.13 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, 11 Final Dr` of Proposed SAJPA tMMOA Template as of 0i/22/07; Includes changes directed at 01/17107 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, ' Director City Attomey Department of Risk Management Maurice L. Kemp, Chief Department of Fire -Rescue Captain Joseph Zahralban Executive Assistant to the Fire Chief Program Manager 1 Final Draft of Propcsed S.4JPA MOA Template as of 01/22107; Includes changes directed at 01/17/87 LIWG Meeting in Las Vegas, NV ATTEST: Participating Agency Name: Name: 2 By: Title: By: Title: APPROVED AS TO FORM AND CORRECTNESS: Participating Agency Attorney rn 0„) Thurs day, February 24, 2005 Part 111 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. 30/Thursday, February 24, 2005/Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 208 RIN 1660—AA07 (formerly PIN 3067—AC93) National Urban Search and Rescue Response System AGENCY: Federal Emergency Management Agency (FEIvMA), Emergency Preparedness and Response Directorate (EP&R), Department of Homeland Security (DHS). ACTION: Interim rule with request for comments. Viewing Comments: You may view February 28, 2003, the President comments and background material at; amended E.O. 12148 to transfer the http://www.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 Emergency Management Agency, 500 C Street, SW., room 840, Washington, DC 20472. FOR FURTHER INFORMATION CONTACT: Michael Tamillow, Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security, 500 C Street, SW., room 326, Washington, DC 20472, (202) 646-2549, or (e-mail) mike.tamill ow©dhs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: This interim rule standardizes B ackground 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 (US&R) Task Forces and DHS and also funding for preparedness and response activities, including the acquisition of equipment and supplies and training. Concurrently we° are publishing as a Notice in this issue of the Federal Register a Maximum Pay Rate Table on which we also request comments: DATES:, This interim rule is effective February 24, 2005. We invite comments on this interim rule and the Maximum Pay Rate Table published separately today as a Notice in this issue of the Federal Register. We will accept comments on both until April 11, 2005. ADDRESSES: Mail: When submitting comments by mail, please send the comments to the Rules Docket Clerk, Office of the General Counsel, Federal Emergency Management Agency, 500 C Street, SW., room 840, Washington, DC 20472. To ensure proper handling, please reference RIN 1660—AAD7 and Docket No, DHS-2004-0010 on your correspondence. This mailing address may also be used for submitting comments on paper, disk, or CD-ROM. Hand Delivery/Courier: The address for submitting comments by hand • delivery or courier is the same as that for submitting comments by mail. ',Sponsoring Agencies are Slate ar local government agencies that have signod Memoranda of Agreement with DHS to organize and manage US&R Task Forces. s Throughout the preamble to this rule the terms "we" and "our" refer to and mean the Department of Homeland Security. "You" refers to the reader. The Federal Emergency Management Agency (FEMA) 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 (DHS). The National Urban Search and Rescue Response System is new a program in FEMA under the EP&R Directorate. This preamble and interim Rule reflect certain decisions made regarding comments that FEMA received on the Proposed Rule, and changes resulting from FEMA's integration into the Department of Homeland Security. The process for creating and updating the Maximum Pay Rate Table (Table), which establishes the meximum rates that DHS will pay for certain medical, engineering, canine handling and back_fill services, is described in 208.12. The Maximum Pay Rate Table, which was mentioned but not published in the Proposed Rule, is incorporated in the Interim Rule, and published concurrently with this Interim Rule as a Notice. Because the Maximum Pay Rate Table was not published previously and will become a part of the National Urban Search and Rescue Response System final rule, we are asking for public comment both on the Table and the Interim Rule. Section 303 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5144, authorizes the President of the United States to form emergency support teams of Federal personnel to be deployed in an area affected by a major disaster or emergency. The President delegated this function to the Director of'the'FEMA under Executive • Order (E.0.) 12148, Under E.O. 13286 of No. 9100, delegated the Secretary's authority under Title V of the Homeland Security Act of 2002, which includes the Stafford Act, to the Under Secretary for Emergency Preparedness and Response (EP&R). Section 306(a) of the Stafford Act authorizes the President (as delegated to the Under Secretary for EP&R) to accept and use the services or facilities of any State or local government, or of any 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 ar 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 a immediately and initiate US&R operations et DHS's direction. Members of the Task Forces, also referred to as "System Members," may respond as The US&R System comprises 20 Tusk Forces in de States. A full Task Force consists of 70 System Members, three deep (designed for 270 members) specially trained and equipped to find, extricate, end provide initial medical cam to victims of collapsed buildings, weapons of mass destruction, as well as to perform other assigned duties. Federal Register/Vol. 70, No. 35/Thursday, February 24, 2005/Rules and Regulations 9183 part of Joint Management Teams (JMT) 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 Urban 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. Vdhile 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 the 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 Agency 6 become members of a Task Force as Affiliated Personnel.? DHS provides financial support in the form of grants or Cooperative Agreements e (Grants) to each of the +A joint lvfanagement Team is a multi • disciphnmy group of National Disaster Medical System (NDIvIS), Urban Search and Rescue (US&R) and other specialists combined to provide operational. planning. logistics, finance and administrative support for US&R and NDMS resources. and to provide technical advice and assistance to Stele end local governments. s The term "Temporary Excepted Federal Volunteer" means that a System momber's status is tampomgyfar the period of Federal activation, exceptedfrom Civil Service rules regarding Federal empie)enenl, Tademf for purposes of tort claim protection and Federal "workers' compensation", and a volunteer in that DHS does not pay the individual directly, but reimburses the Sponsoring .Agency for the System Member's services. °A Participating Agency is a Stale or focal Government, non-profit organization, or private organization that has executed an agreement with o Sponsoring Agency to participate in the National US&R Response System. 'Affiliated Personnel aro individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Purlicipating Agency as volunteers. v Cooperative Agreements arc similar to grunts, but differ from grants in the amount of governrneni cooperation and involvement in the implementation of the agreement_ SponsoringAgencies 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 (IvMOA), 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 Advisorry- Committee and its Legal Issues Working 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 MOA as well as a Preparedness Cooperative Agreement,°t as described in subpart B ° The Task Forces also respond to disasters and emergencies in their hone states as State resources. DHS does not normally and directly reimburse Sponsoring Agencies of the Task Forces for the costs that Took Forces incur when deploying in their home stales, although in a State deployment, Test: Forces may use equipment that they have purchased with DHS giant funds and Federal property that is in their custody. Subpart C of this ode 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 Assistance Program under regulatiorspublislrod at 44 CFR part 206. 1n 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 ebrood under agreements to which DHS is not a party. The rule does not affect the relationships between USAID and the Sponsoring Agencies of the Task Forces. t0ln addition to participation on Task Forces, participants in the System (referred toes System Members) may also be celled upon to serve as members of Joint Management Teams or other overhead or technical teams. "DHS enters into o Preparedness Cooperative Agreement with each Sponsoring Agency to provide Federal funding to develop and maintain System resource (personnel, equipment and supplies) of the rule, and a Response Cooperative Agreement,1° as described in subpart C of this rule. These new, standardized agreements will document our relationship with the Sponsoring Agencies), 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 if USSR regulations and directives are violated. Subpart B describes the process t sough which we provide grant funds to the Sponsoring Agencies to maintain Task Force readiness. Sponsoring Agencies use these grant funds to administer the Task Forces, provide initial and recurrent training,14 and acquire and maintain a uniform cache of equipment and supplies. Following adoption of the final rule, 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. r=When DHS activates a Task Force it provides Federal funding for the Task Force's response under the terms of the Response Cooperative Agreement. r° Following adoption of the final rule, DI -IS expects t0 develop o National US&R Response System Directive Nfanunl, whirls will contain system policies and explain other Federal regulations, and will govern the operation of the National US&R Response System. The Directive Ndmuol will be updated periodically as needed. " Sections 306(e) and 621(c) of the Stafford Act, 42 U.S.C. 514e(a), 5107(c), authorize DHS to federalize members of US&R Task Forces to participate in preparedness activities. Wu periodically federalize US&R learns to participate in DHS-sanctioned training exercises, also known as mobilization exercises. During theca periods, they am not "Activated" within the meaning of § 201.2 of the rule and, therefore, the provisions of subpart C do not apply to DHS-sanctioned training exercises. Funding for participation in DHS- sanctioned training exercises may be evoiloble under § 200.24(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 the reimbursement of the Sponsoring Agencies for the costs that they incur as a result of these deployments. This subpart also explains the Response Cooperative Agreement that we will ask 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 timefrarnes 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 DHS'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 is and Activaticns.15 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 • (OMB) 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. Section 208.39 explains how we will compensate Sponsoring Agencies for personnel costs during Activations. When we deploy System Members, ,.Alert moons tba status of a System resource's readiness when triggered by an Alert Order indicating that DHS may Activate lho Systom resource. io Activation means the status of a System resource placed at the direction, control and funding of DHS in response to, or in anticipation of, a ptesidentiatdeclaration of a major disaster or emergency wider 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 appoint them into Federal service as.Fxcepted. Temporary Federal Volunteers and they work under our direction and control for the duration of the deployment. However, System Members who are regularly employed by a Sponsoring Agency or Participating Agency retain their concurrent employment relationship with their usual employers.,, The maintenance of this concurrent employment relationship is a fundamental principle of the National USSeR Response System, and dates from the inception of the System. We adapted 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 trained in fire protection, has the legal authority and responsibility tc engage in fire suppression, is employed by a public safety agency engaged in fie suppression and actually engages in fire suppression 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 rr 1n some cases, the relationship between the individual and the Sponsoring Agency or Participating Agency is a controctuol relationship or a volunteer relationship. These regulations do not creole o common low employment relationship between an individual and u Sponsoring Agency or Participating Agency whore none otherwise exists. undertaken by Sponsoring Agencies of the US&R Task Forces are analogous to fire suppression. We also note that some System Members will not fall within the section 7(k) exemption because they are not regularly employed in fire suppression. It would be unfair to compensate those 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 end 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 10 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 Assembiy,20 or some other point. This reimbursement procedure is 'Mown as "portal to portal" pad We are not establishing a difrerent 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 20e.40(b) addresses reimbursement for various differentials puid by Sponsoring Agencies. ce Cerloin activated System Members will not report toa Paint of Assembly, but rather will be instructed to travel to the incident locution directly from their home or regular place of work These individuals are Activated when they leave their home or regutnr place of business and we will adjust the "portal to porter pay of these individuals accordingly. soThe Point of Assembly is the location where a Task Fame assembles before departure in response to an activation order. time. Section 208.39(g) provides for the reimbursement of Backfill 21 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 Federal Register /Vol. 70, No. 36 / Thursday, February 24, 2005 /Rules and Regulations 91 85 tlris initial period involves packaging Management Teams and other overhead which establishes a minimum hourly the Task Force for transport, loading or technical teams, As a result, the term wage for employees and requires and unloading equipment, attending "System Member" is a more accurate employers to pay overtime wages for briefings, receiving and adjusting to and comprehensive term to describe ' hours worked above the statutory changes in operational objectives, individuals who participate in System maximum. It is also related to the establishing the base of operations and activities, and the term Task Force Portal -to -Portal Act of 1947, which initiating the search: for live victims. Member" is best used to describe a requires that time spent "walking, Once the search begins, we control Task System Member who is Activated as riding, or traveling to and from the Force activities during the entire 24- part of a Task Farce. We have corrected actual place of performance of the hour period and Task Forces must be the usage of these terms in the principal activity or activities which available for immediate response at any SUPPLEMENTARY INFORMATION to the such employee is employed to perform" Interim Rule. is not compensable time under the In certain parts of the SUPPLEMENTARY FLSA unless it is compensable by INFORMATION to the Proposed Rule, we contract, custom, or practice. The also used the term "USBR Task Force," general Federal rule regarding travel rather than "Sponsoring Agency," to mileage is; commuting to and from denote the agency or entity with which work, that is, between permanent DHS has entered into legal and financial residence and permanent duty station, agreements with respect to the US&R is a personal expense. The employee is some of their personnel are away on a Task Forces. We have corrected the expected to be at work; how the Federal deployment. If a public safety usage of these terms in the employee chooses to get there is entirely agency ordinarily Backfills a position in SUPPLEMENTARY INFORMATION to the his or her own business. 27 Comp. Gen. situations where a regular employee is interim Rule. 1 (1947). unavailable for a period of time similar Finally, in the SUPPLEMENTARY There are exceptions to the general to that spent on a US&R deployment INFORMATION to the Proposed Rule, we rule if the travel is not ordinary and is (e.g., Family and Medical Leave, described the reimbursable period spent outside the workday to and from participation in an extended mutual aid during an Activation as ending when a jeb assignments. Examples include assignment, injury or disability), then System Member returns to the pro- substantial travel to an emergency job the public safety agency may bill DHS deployment staging area. This assignment at a location outside the for the cost of Backfilling the position description conflicts both vnth standard normal workplace, or the employer for the period that the regular employee terminology and the reality of System requires the employee to be "on call" to is away on a Federal deployment. deployments. A more accurate respond to emergency job assignments. However, we will only reimburse for the description of the duration of the A corollary of the "substantial travel" y reimbursable period during an exception is that the travel is incremental overture salary and benefit Activation is set forth in the Lnterim noncompensable if the amount of time expenses associated with the replacement employee. We will not reimburse the Backfilling agency for the regular salary andovertime cast of the replacement employee because the public safety agency would have to pay this cost 1.1the Federal deployment had not occurred. Public Comments on theProposedRule 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 ie. 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 US&R Response System. However, while most participantsin the System respond as part of a US&R Task Force, participants in the System may also be called upon to serve on Joint Baclfiil means the personnel practice of,. temporarily replacing a person in his or her usual position with another person. Rule. spent travelirois minima). Eligibility for Reimbursement and On reconsideration of our position, Coverage Under Federal Statutes While we will reimburse certain travel costs Traveling to and from the Point of and time spent traveling to the Point of Assembly. One Task Force commented Assembly when a System Member on the time period that we propose to responds to an Activation and must pay System Members, namely from travel a considerable distance or time, as arrival at the Point of Assembly until his determined by DHS on a case by case or her release from duty, which may be basis, to reach the Point of Assembly. the airport or Air Force Base to which Otherwise, we will follow the general the Task Force returns, or at the Task rule regarding noncompensable travel, Force's original Paint of Assembly, or including minimal travel, When we some other point. Noting that some of activate a Task Force or other System its members live 2 or more hours away resource, timely assembly of the System from the Point of Assembly, the Members is critical, and under those Sponsoring Agency reimburses circumstances warrants our exception to members from the time that they are the general rule. This exception will alerted to the time that they return home apply only to Activations, and will not (including travel mileage). apply, for instance, to Alerts, to travel Response: This question has two home after return to the Point of aspects: (2) Reimbursement for time Assembly, or to travel required for spent traveling to and from the Point of training, which we consider to be Assembly, and reimbursement for travel ordinary noncompensable travel. mileage while traveling to and from the In the Course of Empiayment: Point of Assembly; and (2) Ordinary travel to and from a fixed consideration of time spent traveling to workplace is generally not within the and from the Point of Assembly as "in scope of employment for workers' the course of employment" for the compensation purposes, under the purposes of workers' compensation (for "going and coming" rule. Under the injuries sustained) and tort liability (for rule, employees with a fixed workplace civil wrongs or harms caused) during are covered by workers' compensation that travel, only when they are on their employer's Reimbursement; This issue it related premises, or performing an assignment to the Fair Labor Standards Act (FLSA), required by the employer. One of the 9116 Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations exceptions to the general rule of going One commenter recommended that disabled while Activated would be and corning is travel to and from job DHS include a definition of "Affiliated entitled to benefits through the agency's assignments, where the employer Member." The equivalent term is municipal pension program, and compensates the employee for the time defined at § 2D8.32 as "Affiliated or expense of the travel. Consistent with Personnel." that exception and our intent to Section 208.6, System Resource reimburse travel costs and time spent Reports. One commenter noted that traveling to the Point of Assembly in Sponsoring Agency, Participating response to an Activation, on a case -by- Agencies and System Members are to any death or injury during Activation case basis we will meet our obligations cooperate fully in audits, investigations, should be considered to have occurred regarding workers' compensation claims studies and evaluation, and asked, "who while the System Member was acting in that arise out of injuries that System pays for salary cost associated with the scope of employment. Members incur while traveling to a gathering and processing the Federal Death Benefits. One Point of Assembly in response to an information?" Sponsoring Agency asked how a Activation, but for no other purpose. DHS provides funding for program "Federal death benefit," if incurred, Definitions. We received several management in the Preparedness would be calculated. The "Federal comments on the definitions in § 208.2, Cooperative Agreement to support death benefit" for System Members and made the following changes: admirustra ive acfivities, including the comprises two separate components: (1) We changed the term "Memorandum salary costs forgathering and processing A benefit payment under the Federal of Understanding" to "Memorandum of System resource reports. Employees Compensation Act; and (2) a Agreement." Workers' Compensation and Other payment under the Public Safety The definition for "Equipment Cache Benefit Costs. Several Sponsoring Officers' Benefit Act. The death and List" now reads: "The DHS-issued list Agencies commented that workers' injury benefits available under each of that defines: compensation and other benefit costs those statutes are determined using "(1) The equipment and supplies that incurred by Sponsoring Agencies as the formulas set forth in those statutes. USSR will furnish to Sponsoring result of an injury or death to a System t oluntary Contribution to Municipal Agencies; and "(2) the maximum quantities and types of equipment and supplies that a Sponsoring Agency may purchase and maintain with FEMA funds." The definition for "Participating secure protection for such employees under the terms of a collective Agency" reads: "A State or Local under the Federal Employees' bargaining agreement or other Government, non-profit organization, or Compensation Act and the Federal Tort arrangement, are reimbursable by DHS. private organization that has executed Claims Act. If a System Member Voluntary employee contributions, as an agreement with the Sponsoring Agency to participate in the National US&R Response System." One Task Force expressed concern regarding the definitions cf "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 nowhere else in the Interim Rule, We have added the following definition: "Program Directive means guidance and direction for action to ensure consistency and standardization across the National US&R Response System." This replaces the term "System Order" in the proposed rule with "Program Directive" in the interim rule. Member are not reimbursable costs. As set forth in § 208.11 and explained in the Supplementary Information, DHS will appoint System Members into Federal service, concurrent with those individuals' local employment, to whether the death or injury would he considered in the line of duty. lete intend that System Members remain fully eligible for local benefits during Federal Activation, and that, os a result, 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 sustains an injury, that System Member opposed to mandatory employer may file a claim for compensation under contributions, are not reimbursable the Federal Employees' Compensation expenses. Act. Because the System Member's Contributions to the Pension Plan Federal appointment is concurrent with Based on Overtime. One Sponsoring his or her local employment, the System Agency commented that under its Member may also be eligible for benefits plan, salary is defined as the compensation under his or her local total actual fixed cash compensation, workers' compensation system. In that including overtime, and contributions to case, the System Member may collect its pension plan are based on this total either the incremental difference between Federal benefits and local benefits, or nay 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 expense, because DHS (through the U.S. Department of Labor) provides coverage under the Federal Employees Compensation Act, and because we are prohibited under our current statutory authority from reimbursing Sponsoring Agencies for the costs of benefit payments. Death or Disability in Line of Duty. One Participating Agency asked whether a System Member killed or 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 § 208.23(f) refers to "Cost Sharing" but makes no distinction between "hard share," i.e., cash contributions, and "soft share," i.e., 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 to institute a cost -sharing requirement in the future, we would clearly indicate in 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 Sponsoring Agency for compensation However, the only permissible way to "soft." paid to those individuals while reimburse Affiliated Personnel for Equipment Ownership. Several Activated. The Sponsoring Agency may Back -fill costs is through Participating Sponsoring Agencies commented that choose to compensate these individuals Agencies —neither we nor the the Proposed Rule does not address at a higher rate, but we will not Sponsoring Agencies have contractual ownership or disposition of equipment reimburse the increment above the er employment relationships with the purchased under this program. maximum rate specified in the Table. individuals Backf'illing the jobs of OMB Circulars A-87 and A-110 Likewise, the Sponsoring Agency may Affiliated Personnel. If reimbursement specify that equipment purchased with choose to enter into a Participating for Backfill expenses is a problem for Federal Grant funds is the property of Agency agreement with the individual's Affiliated Personnel, we encourage them the grantee. However, title, use, employer, rather than use the individual to have their employers or professional management and disposition of as an Affiliated Personnel, in which association seek Participating Agency equipment purchased under a grant or case the Table would not apply. status. Participating Agency status is Cooperative Agreement is set out in 44 Consequently, only a Sponsoring available to private, for -profit CFR 13.32, a government -wide rule to Agency's choice to exceed the organizations under the revised which DHS adheres. While the maximum rates set forth in the definition of "Participating Agency" set Sponsoring Agency has title to any Maximum Pay Rate Table would result forth in this Interim Rule. (See equipment purchased with Federal in an uncompensated expenditure, and Definitions, § 2D8.2, Participating preparedness and response Cooperative. the Table would not violate the Agency, and § 208.12, Maximum Pay Agreement funds, DHS reserves the principle of cost neutrality. Rate Table.) Note, however, that right to transfer title to the Federal A number of parties expressed compensation costs, for the purposes of Government or a third party that we concern that the Table was not provided reimbursement and Backfill, refer to the may name, under 44 CFR 13.32(g). DHS concurrently with the publishing of the System Member's actual compensation, would generally expect to limit its Proposed Rule. We chose not to delay er the compensation of the individual exercise of this right to instances when the Proposed Rule until the Table could who Bacl:fills a position (which a Sponsoring Agency indicates or be developed: We have inserted a nevr includes salary and benefits, as demonstrates that the Sponsoring section 208.12, Maximum Pay Rate described in §§ 208.39 and 208.40), Agency cannot fulfill its obligations Table, to establish the process for rather than billable or other rates that under the Memorandum of Agreement, creating, updating and using the Table. might be charged for services rendered Maximum Pay Rate Table. We received the most number of comments We are also publishing the Table as a to commercial clients or patients. concerningthe Maximum PayRate Notice in the Federal Register and are Creating, Updating an Using the asking for comments on both the Interim Maximum Pay Rote Table. We have Rule. (Table) identified wzfie set ino the herePrthe Rule and the Table before publishing inserted establish how we08.12 in w.l create, Rule. For ityclao we forth the the final rule. applicability of the Table and the update and use the Table to reimburse process we will follow for creating and One Sponsoring Agency expressed Affiliated Personnel (Task Force updating Table. daltn the concern that the rates set forth in the Section 208.32 defines the "Maximum Table could not be used Physicians, Task Force Engineers, and with respect to Canine Handlers) and Bacldill for Pay Rate Table" as "the DHS-issued individuals employed by the Activated System Members employed table that identifies the maximum pay Sponsoring Agency, and not when the by or otherwise associated with a for - rates for selected System positions that individual would serve on the Task profit Participating Agency; the Table ma be used for reimbursement of Force as Affiliated Personnel (e.g., a Y applies only to these named categories. Affiliated Personnel compensation and Sponsoring Agency fire department Section 208.12 describes the method for Backfill for Activated System Members dispatcher affiliated with the US&R determining maximum pay rates using employed by or otherwise associated Task Force in a non -dispatcher role as -United States Office of Personnel with a for -profit Participating Agency." a canine search specialist). Although the Management's (OPM) salary rates, and In that same section, "Affiliated Table would not necessarily apply to provides links to OPlvl's applicable Personnel" are defined as "individuals reimbursement for salary and benefits salary rate tables and locality pay tables. not normally employed by a Sponsoring far that individual, Sponsoring Agencies The section provides that DHS will Agency or Participating Agency and may use the rates in the Table as a guide review and update the Table individuals normally affiliated with a for establishing compensation levels for periodically (at least annually). DHS is Sponsoring Agency or Participating Affiliated Personnel. publishing the initial Table in the Agency as volunteers." Affiliated Personnel. Several Federal Register as a Notice with One Sponsoring Agency commented commenters noted that the rule can be request for comments. DHS will publish that the Table seemed to contradict the interpreted to preclude the subsequent revisions to the Table as principle of cost neutrality set forth reimbursement of Backfill expenses for Notices in the Federal Register. prominently in the Proposed Rule. Affiliated Personnel under § 208.39(g). The section Further states that a However, as defined, the Table applies Those commenters expressed concern Sponsoring Agency may choose to pay only to those individuals who are not that, since the highly -trained civilians Affiliated Personnel at a higher rate, but normally employed by a Sponsoring such as physicians, structural engineers DHS will not reimburse the increment Agency or Participating Agency, or and canine handlers are typically above the maximum rate specified in whose affiliation with a Sponsoring Affiliated Personnel, reimbursement for the Table. Agency or Participating Agency is as a Backfill expenses is important to Resupply and Logistics Costs During a volunteer; that is, an individual whom securing the participation of these Federal Activation. 0ne Sponsoring the Sponsoring Agency or Participating individuals in the System. The Agency noted that, under § 208.38, we Agency does not normally compensate restriction on Backfill costs for will not reimburse costs incurred for in any way, at any rate. Affiliated Personnel could limit the resupply and logistical support during The Table sets.forth maximum. rates . ability of Sponsoring.Agencies to recruit Activation. Thar -section states that for which we will reimburse the and retain these highly trained civilians. resupply and logistical support needed 9188 Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations during Activation are the responsibility classified as Exempt System Members) converting their hourly wage rate to a of the Joint lvfanagement Team (JMT). participating as System Members. 40-hour workweek, results in The Sponsoring Agency asked, "What There are two guiding principles approximately 40 percent higher costs happens if the Incident Management underlying our compensation during Activation. Sponsoring Agencies Team (now the JMT) cannot be calculation tales: (1) Cost neutrality, and Participating Agencies that established?' and (2) customary and usual practice. compensate employees based on a 56- During Activation, we are responsible The compensation calculation system hour workweek take advantage of the for resupply and logistics. Currently, we for Exempt System Members complies partial overtime exemption set forth in accomplish this responsibility through with both of these principles. If an section 7(k) of the Fair Labor Standards either the JIvIT, which operates in the individual is classified as an Exempt Act. As explained herein, we require field, or the Emergency Support System Member in his or her regular that Sponsoring Agencies and Function 9 (ESF-9),22 which operates position with the Sponsoring Agency or Participating Agencies disregard the from the National Emergency Participating Agency, then this section 7(k) partial exemption in Operations Center, an emergency individual will receive compensation on calculating personnel costs, and we will coordinating center located at FElv1A a daily basis, rather than an hourly reimburse personnel costs based on a headquarters. As DHS develops and basis, regardless of the number of hours 40-hour work week, as described in evolves, we may change the names or the individual works in a day, The rule § 208.39 of this rule. functions of these teams; however, the provides reimbursement to the responsibility for resupply and logistics Sponsoring Agency or Participant - One Sponsoring Agency notes that the will remain with us. Task Forces should Agency on this basis —that is, for the calculation of reimbursable personnel not engage in resupply or logistical amount that the individual would have costs will place an extra burden on support during Activation unless customarily and usually received. If the payroll staff, and there will most likely coordinated through one of these teams. Sponsoring Agency or Participating be personnel who will be eligible for In extraordinary circumstances, e.g., if Agency customarily and usually overtime compensation immediately the Task Force cannot make contact compensates Exempt System Members upon Activation since they have already with either the JMT or the EST, the Task by paying a salary and overtime, or exceeded the overtime threshold for that Force should follow the instructions in customarily and usually awards week. We have included an § 208.44, Reimbursement for other costs. compensatcry time or another overtime administrative allowance in the Absent such circumstances, we will not substitute for hours worked above a reimbursement for response costs, found reimburse costs incurred for resupply predetermined threshold, then the at § 208.41, to compensate the and logistical support during Sponsoring Agency may request Sponsoring Agency for this increased Activation. reimbursement for the overtime amount, burden on payroll staff. We also provide Compensation forExernpt System or the liquidated value of the for reimbursement of any additional Members. Several agencies commented compensatory time or other overtime salary and overtime costs in § 205.39(fl, on the proposed reimbursement for substitute, in accordance with e.g., those incurred because a System compensation paid to Exempt System §§ 208.39(e)(5)(ii) and (iii). In This way, Member is eligible for overtime Members, i.e., System Members who are this rule abides by the principle of cast compensation immediately upon paid a salary, rather than an hourlyneutral ity Activation. wage, and are otherwise exempt from One Sponsoring Agency asked that we the Fair Labor Standards Act. One examine the feasibility of giving Reimbursement for Personnel Costs agency commented that reimbursement Sponsoring Agencies the option of for Equipment Cache Rehabilitation. for Exempt System Members should be having chief officers appointed as Under § 208.43, we will reimburse based on the employees' salary, Disaster Assistance Employees (DAE) Sponsoring Agencies for personnel costs converted to a 40-hour workweek and (temporary DHS employees) during associated with equipment cache then paid at that rate on an hourly basis Activation. In that case, those officers rehabilitation up to the number of hours would be temporary Federal employees, specified in the Demobilization Order.23 during Activation. Another agency commented that the different methods would probably take a reduction in pay, One Sponsoring Agency stated that the of compensation calculation for Exempt and would take vacation or number of hours specified in the and non-exempt System Members will adm pis rani>e leave from the Demobilization Order should be an result in non-exempt System Members Sponsor ng Agancy or Participating estimate only, rather than a fixed limit, receiving a greater amount of Agency for the period of Activation. In and asked whether there is an appeal compensation during Activation than turn, a DAE appointment might affect process for the number of hours Exempt System Members, who are Heir pension and seniority rights. We specified in the Demobilization Order, typically more experienced firefighters believe t hat disadvar tapes of DAE or another mechanism for requesting holding higher ranks in the Sponsoring appointments of officers m oh derive, andthattattler tanoe Thtional hours re based onounforeseen Agency or Participating Agency. This the current language of this rule appeal agency speculated that the method of concerning Exempt System Members process for the number of hours compensation calculation used in the specified in the Demobilization Order. represents the best general practice. Proposed Rule would result in fewer One Sponsoring Agency asked However, if the Sponsoring Agency -fee s chief officers (who are typically that unforeseen circumstances will compewhethnsated §don a(56-h chiefs prevent it from completing its compensated based on 56-hour .ESC-9, or Emergency Support Function a, workweek should be converted to a 40- equipment cache rehabilitation within Urban Search and Rescue, is responsible to plan the specified number of hours, the and coordinate the use of Urban Search and Rescue hour workweek for purposes of Sponsoring Agency should follow the assets following an event that requires locating. calculating reimbursable compensation extricating and providing immediate medical under the rule. This Sponsoring Agency treatment of victims trapped in collapsed ensa=•�A Demobilization Order is a DHS also noted that compensating structures. EST'-9 also provides planning and communication that terminates an Alert or coordination of US&R assets when they engage in - individuals who customarily and - Activation and identifies cast and time allowances other disaster -related assignments. usually work a 56-hour workweek, by for rehabilitation, Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations 9189 procedures in § 205.44 for can exceed $1 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 208.44 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 SO -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 Reevalue6'on 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 Working 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 Farce 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 USER Task Force. The commenting procurements. Moreover, the revised periodically under this provision, and agency stated that "[tlhe Task Force Equipment Cache List,4 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 enure Task Force, in that Task Forces can communicate with deadline for submission of claims comes addition to reporting to FEIvIA (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 JMTI 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 of the 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 '' 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 list USrsR will furnish to Sponsoring Agencies; and Sponsoring Agencies to apply for 30-day rather than in the rule. Moreover, (b) the maximum quantities and types of equipment and 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 Ibis 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 Equipment for Local Use in Daily Administrative Procedure Act Operations. One commenter noted that, Determination 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, wide 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 operations. Response System, on December 18, We intend the System to provide a 2002, 67 FR 77627-77640, and received Federal capability to respond to major ever 30 comments from various Task disasters or emergencies involving Forces in the National USSR Response structural collapse, weapons of mass System, We discuss the comments in destruction, or other incidents that the the preamble of the Interim Rule, President declares. A Sponsoring indicating where we agree with the Agency may use equipment and comments and have made changes, 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 if necessary, to repair or replace Rule but received a large number of equipment so used at the Sponsoring comments and questions about the Agency's expense. However, we do not Table. To provide an opportunity for intend that Sponsoring Agencies use comment before publishing the final federally purchased equipment in rule, and because of the delay between routine, day-to-day operations. the date of the Proposed Rule and the indirect Costs. One Sponsoring Interim Rule, we request that interested Agency commented on our prohibition parties comment witi in 45 days of of reimbursement for indirect costs today's publication. related to response, and our 7.5 percent The National USBrR Response System limitation on indirect costs related to provides a number of public services preparedness. The commending agency that are unique within the Federal noted that this limitation on indirect Government Members are experienced costs is inconsistent with other FEMA and trained professionals highly skilled programs and diverges from standard in the often dangerous roles of searching Federal indirect cost percentages. The for, extricating and providing initial commenting agency stated that this medical can for victims from collapsed limitation could threaten the ability of buildings, whether collapsed by natural that Sponsoring Agency to remain in the or manmade causes. The searching is System, stating that the "work burden important to the public to ensure that formulas presuppose economies of scale every effort has been made to rescue for a larger, pre-existing agency." people still alive within a collapsed We brought this issue to the National structure. Members also have an 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 Task Forces located in 19 States, These needs include codifying the relationship between the Department of Homeland Security (DHS) 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 for equipment, training, and other measures to ensure that each Task Force is fully stated, 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, well- defined universe. The Sponsoring Agencies, the Advisory Committee of the National US&R Response System (Advisory Committee),25 the Working Groups 26 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 le The Advisory Committee of the Notional US&R Response System provides advice, recommendations, and counsel on the continuing development and maintenance of e National US&R Response System to the Under Secretary for Emergency Preparedness and Response. Ye The System has several specialized Working Groups, o.g., command end general staff, medical, legal issues, training, etc., that provido professional and technical advice on USSR issues to DHS through the National Advisory Committee. Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 /Rules and Regulations 9191 Executive Order 12866, Regulator expanding mission that followed Planning and Review y September 11, 2001 (e g., response to acts of terrorism and weapons of mass Under Executive Order 12866, 58 FR destruction events, response to 51735, October 4, 1993, a "significant hurricanes), operating without formal regulatory action" is subject to OMB regulations was no longer tenable. review and the requirements of Sound management and responsible Executive Order 12866. Section 3(f) of stewardship of the program demand the Executive Order defines "significant formal regulations. For these reasons, 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 standardized practices within the US&R Sponsoring Agencies have agreements State, local or tribal governments or program. In contrast, the rule will have with Participating Agencies for communities; the force of law and will concisely additional support to meet the staffing, (2) Create a serious inconsistency or support our need to standardize the equipment and training requirements of otherwise interfere with an action taken financing, administration and operation the National US&R Response System. or planned by another agent of the USSR program. US&R-related costs of Participating (3) Materially alter the budgetary Cancel the Program. The US&R Agencies are paid by DHS through the impact of entitlements, grants, user fees, program grew out of the evident need to Sponsoring Agencies. Similarly, or loan programs, or the rights and have highly skilled, specially trained expenses of Affiliated Personnel are obligations of recipients thereof; or and equipped personnel swiftly reimbursed through the Sponsoring (4) Raise novel legal or policy issues available to search for and extricate Agencies. arising out of legal mandates, the victims from collapsed buildings, DHS has designed the National US&R President's priorities, or the principles whether 'from earthquakes and other Response System to be as cost neutral to set forth in the Executive Order. natural causes, acts of terrorism, Sponsoring Agencies as Federal law In determining whether to proceed accidents or other human causes. The authorizes. DHS acquires equipment with the formulation and publication of need is greater today than perceived in and supplies, pays for training, meetings this rule, we considered three the late 1980s and early 1990s. The and related travel, lodging, and per alternatives: maintain the status quo program has garnered e well- and hard- diem expenses, and attempts to cover ante; manage the program through earned recognition of its effectiveness, Sponsoring Agencies' preparedness administrative directives; and cancel the with strong support from Congress, the costs through preparedness Cooperative program. Administration, and its Sponsoring and Agreements. When DHS activates a Maintain the Status Quo Ante. The Participating Agencies. With that US&R Task Force we reimburse the National US&R Response System has continuing support, cancellation of the Sponsoring Agency for 100 per cent of operated since the early 1990s without program is not a feasible alternative. its direct eligible costs incurred, formal regulations. The first ten years or Interim Rule. We (FEMA) published a including overtime and Backfill costs, so were formative years with a great Proposed Rule, National Urban Search and indirect costs capped at 7.5 percent deal of flux. Federal appropriations and Rescue Response System, on of direct costs, under the terms of the were minimal until the events following December 18, 2002, 67 FR 77627-77640. response Cooperative Agreements, September 11, 2001, which led to major During the 45-day comment period, we Sponsoring Agencies will incur certain changes in planning, operations, received about 30 comments from paperwork burdens end expenses, management, training and funding. Sponsoring Agencies, one from a which are described and quantified effective upon publication (and to. Twenty US&R teams responded to the Participating Agency, one from a request comments on the Interim Rule World Trade Center and five responded Member of Congress, and none from the and on the Table as published to the Pentagon. After -action public at large. We reviewed the separately today as a Notice). DHS will evaluations showed the need for greater comments, accepting some, rejecting review and evaluate any comments that inleroperability of equipment, , some. This preamble and Interim Rule it receives and will publish the final consistency in training and operating reflect the decisions made regarding the rule et a later date. across the 28 teams, and many other comments that we received. National Environmental Policy Act factors to permit 28 disparate units in 19 When we published the Proposed States to perform as a cohesive whole. Rule, we mentioned, but had not yet 44 CFR 10.8(d)(2)(ii) categorically Congress appropriated larger sums 'to prepared, the Maximum Pay Rate Table excludes from actions such as the support the program, mandating that the (Table). In order to have that part of the preparation, revision, and adoption of program not add new task forces until rule on which we had received regulations, and specifically 44 CFR existing task forces were fully equipped comments go into effect, and to obtain 10.8(d)(2)(xviii)(C), which relates to and trained. Spurred by the response of public comments on the Table, we planning and administrative activities Congress and the Administration, we elected to publish the rule as an Interim in support of emergency and disaster redoubled efforts to standardize the Rule, and, concurrently to publish the response and recovery, including financing, administration and operation Table as a Notice, with request for deployment of urban search and rescue of the National US&R Response System. comments. teams. Accordingly, we have not Under the status quo ante and the low Economic Significance of the Rule. prepared an environmental assessment level of Federal funding, we had little This rule will not have en annual effect or environmental impact statement for leverage to standardize the program. on the economy of $1D0 million or more this rule. With increased appropriations and 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 we rejected the status quo ante. maintain Federal excess property. Management byAdministretive This interim rule impacts 28 Directives. We rejected this alternative Sponsoring Agencies, 26 of which are on grounds that administrative from local comm>nities, 2 are directives do not have the force of law, associated -with state universities. All of tend to be piecemeal, and do not the communities have populations— ----- ---------- adequately support our need for greater than 50,000. Most of the System, representing the baseline nondisaster-specific budget for operating expenses. In the past two years, congressional annual appropriations for US&R were S60 million, most of which US&R passed to the Sponsoring Agencies pursuant to Cooperative Agreements. FEMA passes the amounts appropriated to the Sponsoring Agencies in preparedness Cooperative Agreements funded 100 percent by the Federal Government to cover planning, training, equipment or other essentials to fulfill the US&R mission, which do not impose conditions an 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 egulatory action, but not an economically significant regulatory action within the definition of section 3 () 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 9192 Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations below in the materials on the Paperwork National Urban Search and Rescue Reduction Act. We expect that our Response System (System or US&R), Cooperative Agreements and their which FEMA established under the associated indirect cost rates will cover Robert T. Stafford Disaster Relief and the eligible costs that the Sponsoring Emergency Assistance Act. The System Agencies incur to participate in the currently comprises 28 US&R Task National US&R Response System. Forces in 19 States. A State agency or Costs to DHS to administer the local public safety agency (Sponsoring National US&R Response System Agency) typically sponsors a Task include the salaries and expenses of an Force,22 staffed primarily by Local fire 8-person staff, and the indirect staff department and emergency services costs for financial, acquisition, logistics personnel, and include Joint and ether administrative services Management Teams (JMT) and other provided by DHS and FEMA. Current overhead or technical teams. None of appropriations limit administrative the Sponsoring Agencies are in . costs to 3 percent of the total amount communities with populations fewer appropriated for US&R. than 50,000. The governments of the FEMA's planning and program Sponsoring Agencies are urban or State guidance for fiscal years 2005 through instrumentalities and none qualify as a 2009 set funding levels of $5.438 "small governmental jurisdiction" million for the National US&R Response 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, travel and related costs when Task Forces activated, and backlll expenses. DHS has designed the US&R program to be as cost neutral to Sponsoring Agencies as Federal law authorizes. When DHS activates e 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 became Temporary Excepted Federal Volunteers entitled to the benefits of the Federal Employees Compensation Act (FECA) and the Federal Tort Claims Act (FICA). In some instances, State workers' compensation benefits exceed those available under FECA, and the " The Task Forces also respond to disasters and emergencies in their home states as State resources. DHS does not directly reimburse Sponsoring Agencies of the Task Forces for the casts that they incur when deploying in their home state, although in a Stele 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 clan in -state deployment may be available through DHS's Public Assistance Program under regulations published at 49 CFR part 206. In addition, the Office of Foreign Disaster Assistance of the U.S. Agency far International Development (USAID) often uses the services of certain US&R Task Forces to deliver humanitarian assistance abroad under agreements to which DHS is not a.porly. The rule does not affect the relationships between USAID and the Sponsoring Agencies of the Task Forces. 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, hut 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 necessay for preparation of the reports and records are within the capabilities of the Sponsoring and Participating Agencies, DHA 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. 12856 above, we considered several alternatives to this rile, including status quo ante, cancellation of the program, management by program directives, and this interim rule. None of the alternatives to this rule met DES 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 implementation of this rule is subject to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. As the Paperwork Reduction Act of 1995 requires and, concurrently with this rule, we have submitted a request for Office of Management and Budget (OMB) review and 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. US&R 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 20-16A, Assurances —Non -Construction Programs; DHS Form 20-16C, 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. US&R 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 (2) 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 Application for Federal Assistance DHS Form 20-10 Financial Status Report DHS Forms 20-16, 20-16A, 20-16C, Summary Sheet for As- surances and Certifications. SF LLL, Disclosure of Lobbying Activities DHS Form 20-20, Budget Information Non -Construction Pro- grams and Budget Narrative. SF 270, Request for Advance or Reimbursement Subtotal 28 28 28 28 28 28 1 2 2 1 hour 1 hour 30 minutes 10 minutes 9 hours 4 hours 224 28 hours. 28 hours. 14 hours. 5 hours. 504 hours. 224 hours. 803 hours. OMB Number: New. Abstr act: 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 cf 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 he burden follows: DHS fours No. of responder (A) Frequency of response (B) Hours per response and recordkeeping (C) Annual burden hours (AxBxC) The following are new collections: Narrative Statement Progress Reports Extension or Change Requests Audits of Stales, Local Governments, and Non -Profit Organi- zations, Memoranda of Agreement Subtotal 28 26 5 29 28 2 2 4 hours 2 hours 1 hour 30 hours. (1) 145 Total hours 369 224 hours. 112 hours. 5 hours. 840 hours. 8 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 cnd 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 $16.90 ($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 USSR 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. that have "substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government." We have analyzed this interim rule in accordance with the principles and criteria in the Executive Order and has determined that this interim rule would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. The rule imposes no mandates on State or local governments; participation in the National US&R Response System is strictly voluntary. Moreover, one of the most significant objectives of this program is to build State and local US&R capability. The USSR program recognizes the primary role of State and local governments in responding to disasters and emergencies. Equipment and supplies purchased with Federal funds may be used to respond to in -state disasters and emergencies. The teams may only be deployed across State lines when released by their home State. The assistance these teams provide, like 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 $37,498 cost t 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 wag 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 20472, telephone (202) 646-2549, facsimile (202) 646-4684, or e-mail mike.tamillow®dhs.govfor additional information. You may contact Muriel H. Anderson for copies of the proposed collection of information at (202) 645- 2625 or (facsimile) (202) 646-3347, or e- mail informationcollections@dhs,gov. Executive Order 13132 Federalism - Federalism Summary Impact Statement Executive Order 13132 requires DHS to develop a process to ensure "meaningful and timely input by State and local officials in the development of other assistance under the Stafford Act, o 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 e 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 USER Response System presented a draft to DHS. The Legal Issues Working Group and the National USSR 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 USSR Task Forces. Congressional Review of Agency Rule/flaking We have sent 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- 121. The rule is not a "major rule" within the meaning of that Act. it 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. The rule will not result in a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. It will not have "significant adverse effects" on competition, employment, investment, productivity, innovation, or on the ability of United States -based enterprises to compete with foreign - based enterprises. This rule is subject to the information collection requirements of the Paperwork Reduction Act and OMB has assigned Control No. 1660- 0025. The rule is not an unfunded Federal mandate within the meaning of the Unfunded Mandates Reform Act of 1995, Pub. L. 104-4, and any enforceable duties that we impose are a condition of Federal assistance or a duty arising from participation in a voluntary Federal program. List of Subjects in 44 CFR Part 208 Disaster assistance, Grant programs. If 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. 206,1 Purpose and scope of this part. 208.2 Definitions of terms used in this part. 208,3 Authority for the National US&R 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. 206.8 Code of conduct. 209.9 Agreements between Sponsoring Agencies and Participating Agencies. 208,10 Other regulations. 208.11 Federal status of System Members. 208.12 Maxiraum Pay Rate Table. 208.13-208.20 [Reserved] Subpart B-Preparedness Cooperative Agreements 208.21 Purpose. 203.22 Preparedness Cooperative Agreement process. 208.23 Allowable costs under Preparedness Cooperative Agreements. 208.24 - Purchase and maintenance 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 tenns used in this subpart. 208.33 Allowable costs. 208.34 Agreements between Sponsoring Agencies and others. 208.35 Reimbursement for Advisory. 208.36 Reimbursement for Alert. 208.37 Reimbursement for equipment and supply costs inured 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 fringe benefit costs during Activation. 203.41 Administrative allowance. 208.42 Reimbursement for other administrative costs. 208.43 Rehabilitation. 208.44 Reimbursement for other costs. 208.45 Advance of Funds. 208.46 Title to equipment. 208.47-208.50 [Reserved] Subpart D-Reimbursement Claims and Appeals 208.51 General. 208.52 Reimbursement procedures. Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005)Rules and Regulations 9195 208.53-20859 [Reserved) 208.60 Determination of claims. 208.61 Payment of claims. 208.62 Appeals. 208.63 Request by DHS for supplemental information. 208.64 Administrative and audit requirements. 208.65 Mode of transmission. 208.66 Reopening of claims for retrospective ar retroactive adjustment costs. 208.67-208.70 [Reserved] Authority Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5206; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; Homeland Security Act of 2002, 6 U.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.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 156. Alert means the status of a System resource's readiness when triggered by an Alert Order indicating that DHS ma} Activate the System resource. • Alert Order means the DHS communication that places a System resource on Alert status. Assistance Officer means the DHS employee who has legal authority to °{ bind DHS by awarding and amending Cooperative Agreements. Backfill 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 or 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 notes and amounts including calculations, and Backfill expenditures for a 24-hour period of Activation. Deputy Director means the Deputy Director of the Response Division, Emergency Preparedness and Response Directorate, Department of Homeland Sec-srity, 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, DHS. 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 DHS Disaster Search Canine Readiness Evaluation criteria for Type II or both Type II and Type I. Emergency means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. Equipment Cache List means the .. resources. DHS-issued list that defines: Subpart A —General §208.1 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. (b) Scope. This part applies to Sponsoring Agencies and other participants in the National Urban Search and Rescue Response System that have executed agreements governed by this part. Part 206 of tbis chapter does not apply to activities undertaken under this part, except as provided in 6§ 2DB.5 and 208.10 of this part. This . part does not apply to reimbursement under part 206, 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: Activated or Activation means the status of a System resource placed at the direction, control and funding of DHS in response to, or in anticipation of, a presidential declaration of a major disaster ar emergency under the Stafford Act. Activation Order means the DHS communication placing a System resource under the direction, control, and funding of DHS. Advisory means 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 . (1) The equipment and supplies that LUS&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, and supplements other Federal emergency operations plans developed to address specific hazards. Joint Management Team or )MT means a multi -disciplinary group of National Disaster Medical System (NDMS), Urban Search and Rescue ('JS&R), and other specialists combined 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 Governments. Local Government means any county, city, village, town, district, or other political subdivision of any State; any federally recognized Indian tribe or authorized tribal organization; and any Alaska Native village or organization, Major Disaster means any natural catasMophe (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 determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Stafford Act to supplement the efforts and available resources of States, Local Governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. Memorandum of Agreement (lviOA) means the document signed by DHS, a Sponsoring Agency and its State that describes the relationship of the parties with respect to the National Urban Search & Rescue Response System, Participating Agency means a State or Local Government,non-profit organization, or private organization 9106 Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations 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 § 208.5 Authority of the Director of the demobilization as directed. Response Division (Director). System or National USER Response (a) Participation in activities of the System means the national US&R 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 not limited to whether a System Force Member, JMT Member, Technical resource is operationally ready for Specialist, Support Specialist or Activation. Disaster Search Canine Team. (b) Standards for and measurement of Task Force means an integrated US&R System efficiency and 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 that has executed an 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 §noes System resource reports. Personnel Rehabilitation Period occupying a position on a Task Force. means the period allowed by DHS for a Technical Specialist means a person (a) Reports to Director. The, Director person's rehabilitation to normal participating in the System contributing may request reports from any System conditions of living following an teclmical knowledge and skill who may resource relating to its activities as part Activation. be placed on Alert or Activated as a of the System. Preparedness Cooperative Agreement single resource and not as a part of a (b) Reports to FEMA Regional means the agreement between DHS and JMT or a Task Force. Directors. Any FEMA Regional Director a Sponsoring Agency for reimbursement US&R means urban search and rescue, may request through the Director reports of allowable expenditures incurred by the process of searching for, exticating, from any System resource used within the Sponsoring Agency to develop and and providing for the immediate or based within the Regional Director's maintain System capabilities and medical stabilization of victims who are jurisdiction. operational readiness. entrapped in collapsed structures. (c) Audits, investigations, studies and Program Directive means guidance (b) Additional definitions. Definitions evaluations. DHS and the General and direction for action to ensure for certain terms that apply only to Accounting Office may conduct audits, consistency and standardization across individual subparts of this part are nvestigations, studies, and evaluations the National US&R Response System. located in those subparts. as necessary. Sponsoring Agencies, Program Manager means the Participating Agencies and System individual, or his or her designee, § 208.3 Authority for the National US&R Members are expected to cooperate fully within DHS who is responsible for day- Response System. in such audits, investigations, studies to -day administration of the National (a) Enabling legislation, The Federal and evaluations. USSR Response System. Emergency Management Agency Prog om Office means the established and operated the System §208.7 Enforcement. organizational entity within DHS that is under the authority of §§ 303, n 306(a), (a) Remedies faroncompliance. In responsible for day-to-day 306(b), 403(a)(3)(B) and 621(c) of the accordance with the provisions of44 administration of he National US&R Stafford Act, 42 U.S.C. 5144, 5149(a), CFR 13.43, if a Sponsoring Agency, Response System. 5149(b), 5170b(a)(3)(B) and 5197(c), Participating Agency, Affiliated Response Cooperative Agreement respectively. Section 503 of the Personnel or other System Member means an agreement between DHS and Homeland Security Act of 2002, 6 materially fails to comply with a term of a Sponsoring A n for reimbursement U.S.C. 313, transferred the functions of e Cooperative Agreement, Memorandum cf allowable expenditures res incurred by the Director of FEMA to the Secretary of cf 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 Sponsoring Agencymeans a State or Homeland Security in Executive Order 44 CFR 13.43(a)(1) through (5). Any Local Government that has executed an 13286 those authPre sident of the such enforcement action taken by the MOA v ith DHS to o opine and under the Stafford Act that had been Director will be subject to the hearings, delegated previously to the Director of appeals, and effects of suspension and administer a Task Force. a termination revisions of 44 CFR Stafford Act means the Robert T. FEMA. under Executive Order 121 _B. P Stafford Disaster Relief and Emer enc > (b) Implementing plan. The National 13.43(0) and (c). g 5 Response Plan identifies DHS as the (b) The enforcement remedies Assistance Act, 42 U.S.C. 5121 through p identified in this section, including primary Federal agency with g o206. State means anState of the United responsibility for Emergency Support suspension and termination, do not y Function 9, Urban Search and Rescue, preclude a Sponsoring Agency, States, the District of Cole -robin, Puerto Participating Agency, Affiliated Rico, the Virgin Islands, Guam, § 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 Suspension" under E.O. 12549, as amended, in accordance with 44 CFR 13,43(d). (c) 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, provide a national system of standardized US&R resources to respond to Emergencies and Major Disasters that are beyond the capabilities of affected State and Local Governments. and assess the efficiency and effectiveness of System resources, § 208.8 Code of conduct The Director will develop and implement a code of conduct for System Members acting under DHS'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 own 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 §208.10 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, employed by a Sponsoring Agency er made to the maximum pay rate table (b) Section 206.11, which prescribes Participating Agency, or whose DHS will publish the new maximum . nondiscrimination in the provision of affiliation with a Sponsoring Agency or pay rate table in the Federal Register. disaster assistance. Participating Agency is as a volunteer; The rates will be effective for the latest year indicated by OPM.' (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 § 208.9 Agreements between Sponsoring selected System positions that may be (3) Review and update. DHS will Agencies and Participating Agencies. used for reimbursement of Affiliated review and update the Table Every agreement between a Personnel compensation and Back -fill for periodically, et least annually. The Sponsoring Agency and a Participating Activated System Members employed comments of Sponsoring and Agency regarding the System must by or otherwise associated with a for- Participating Agencies and their include a provision making this part profit Participating Agency," In that experience with the Table will be applicable to the Participating Agency same section, the term "Affiliated considered and evaluated in the course and its employees who engage in Personnel" is defined as "individuals of the reviews. System activities. 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 e 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 (c) Section 206:14, which deals with that is, an individual whom the cnmmal and civil penalties. Sponsoring Agency or Participating (d) Section 206.15, which permits Agency does not normally compensate recovery of assistance by DHS. in any way, at any rate. § 208.11 Federal status of System (2) The Table also applies to Backfill Members. for Activated System Members • The Director will anoint all employed by or otherwise associated compensation paid to Activated Activated System Members as with a for -profit Participating Agency. Affiliated Personnel and as Backfll for temporary excepted Federal volunteers. (c) Method for determining maximum Activated System Members employed The Director may appoint a System pay rates. (1) DHS uses the United by or otherwise associated with a for - Member who participates in Alert States Office of Personnel Management's profit Participating Agency. activities as such a Federal volunteer. salary rates, computed under 5 U.S.C. (2) Higher rates. The Sponsoring The Director may also appoint each 5504, as the basis for the maximum pay Agency may choose to pay Affiliated System Member who participates in rate schedule. DHS considers System Personnel at a higher rate, but DHS will DHS-sanctioned preparedness activities members' experience and sets maximum not reimburse the increment above the as a temporary excepted Federal pay rates at the maximum grade, middle maximum rate specified in the volunteer. DHS intends these step for each position, which Maximum Pay Rate Table. Likewise, the appointments to secure protection for demonstrates an experience level of five Sponsoring Agency may choose to enter such volunteers under the Federal years. into a Particinating Agency agreement Employees Compensation Act and the (2) The Office of Personnel with the individual's employer, rather Federal Tort Claims Act and do not Management (OPM) publishes salary than use the individual as an Affiliated intend to interfere with any preexisting and locality pay schedules each Personnel, in which case the Maximum employment relationship between a calendar year. Pay Rate Table would not apply. System Member and a Sponsoring (i) Physicians. DHS uses the latest (3) Compensation for Sponsoring Agency, Cooperating Agency or Special Salary Rate Table Number 0290 Agency employees serving as Affiliated Participating Agency. System Members for Medical Officers (Clinical) Personnel. An employee of e Sponsoring whom DHS appoints as temporary Worldwide for physicians. The rates Agency serving on a Task Force in a excepted Federal volunteers will not used in the initial Table can be found capacity other than his or her normal receive any compensation or employee at http://tnwei'.opm.gov/oca/03 tables/ job, e.g., a fire department dispatcher benefit directly from the United States SSR/HTML/0290.asp. affiliated with the Task Force as a of America for thew service, but will be (ii) Engineers and Canine Handlers. canine search specialist, as an Affiliated compensated through their Sponsoring DHS uses the latest General Schedule Personnel, would not necessarily be Agency. pay scale for both positions. Both subject to the Maximum Pay Rafe Table specialties are compared to the General for reimbursement for salary and §208.12 Maximum Pay Rate Table. Schedule pay scale to ensure parity with benefits for that individual. However, (a) Purpose. This section establishes like specialties on a task force (canine Sponsoring Agencies may use the rates the process for creating and updating handlers ere equated with rescue in the Maximum Pay Rate Table as a the Maximum Pay Rate Table (Table), specialists). The rates used in the initial guide for establishing compensation and the Table's use to reimburse Table can be found at htip:// levels for such individuals. Affiliated Personnel (Task Force Kaa W.opm.govloca/03tab/es/html/ )4) Backfill expenses for Affiliated Physicians, Task Force Engineers, and gs,asp. Personnel under § 208.39(g). (i) The Canine Handlers) and Backfill for (iii) Locality Pay. To determine only way that DHS can reimburse for Activated System Members employed adjustments for locality pay DHS uses Backfill costs incurred for Affiliated by or otherwise associated with a for- the latest locality pay areas (including Personnel is through Participating profit Participating Agency. Section the "Rest of U.S." area) established by 208.32 defines the "Maximum Pay Rate OPM. The rates used in the initial Table Table" as "the DHS-issued table that can be found at http://www.opm.gov/ identifies the maximum pay rates for oca/03tables/locdef.asp. In some years the latest year may not be the cuerent calendar year. For instance, OPM did not change its pey rates fur calendar year 200S, 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, DIIS encourages them to urge their employers or'professiunal association to seek Participating Agency status. (ii) Private, for -profit organizations. Participating Agency status is available 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 we 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 Backiills 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 5208.21 Purpose. Subpart B of this part provides guidance on the administration of Preparedness Cooperative Agreements. §20822 Preparedness Cooperative. Agreement process. (a) Application. To obtain DHS funding for en 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) Amendment—(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 special circumstances, the period of performance for Preparedness Cooperative Agreements will be 1 year from the dale of award. The Assistance Officer may allow for an alternate period of performance with the approve ofthe Director. (3) Assistance Officer. The Assistance Officer is the only individual authorized to award or modify a Preparedness Cooperative Agreement. (n) 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 We 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 p following: a (e) 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 1 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. lb) 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 gaining, exercises, or drills; (4) System -required evaluations and certifications other than the certifications that DHS requires System Members to possess et the time of entry into the System. For instance, DOHS 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 DES -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 equiprent 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 USSR capability, provided that such costs do not exceed 7.5 ercent of the award/amendment mount. Federal Register/Vol. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations 9199 §208.24 Purchase and maintenance of Items not fisted 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, (6) 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 SponsoringAgencies. (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. §208.26 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. §§208.28-208.30 [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 this subpart. Affiliated Personnel means individuals not normally employed by a Sponsoring Agency or Participating Agency and individuals normally affiliated with a Sponsoring Agency or Participating Agency as volunteers. Demobilization Order means e DHS communication that terminates an Alert 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.C. 201 et seq., pertaining to overtime compensation and other labor standards. Maximum PayRate 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 Baclfill 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 employs. 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 seq. 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, DI -IS 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) Normal or predetermined practices. Consistent with Office of Management and Budget (OMB) Circulars A-21, A-87, A-102 and A- 110 (2 CFR part 215), as applicable, Sponsoring Agencies and Participating Agencies must adhere to their own normal and predetermined practices 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 far 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 cost. 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 § 208,41of 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 reimburse costs incurred or relating to the leasing, hiring or chartering of aircraft or the purchase of any equipment, aircraft, or vehicles. 9200 Federal RegisterlVcl. 70, No. 36/Thursday, February 24, 2005/Rules and Regulations §208.37 Reimbursement for equipment and supply costs Incurred during Activation. (a) Allowable 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 extent and nature of 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; for 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. § 208.39 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 costs 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 Nan -Exempt System Members greater than 40 hours during a regular workweek. (c) Tour of duty. The tour of duty for all Acdvated System Members will be 24 hours. DHS will reimburse the Sponsoring Agency for salary and overtime 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(e)(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 40-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. Members 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 for 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 Agency ' * And the Sponsoring .Agency or Participating ( Then the following compensation costs are Agency * " " allowable: (i) 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) Cuslomarily and usually compensates Non - Exempt System Members by paying overtime after 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 all hours worked above 60 in a oiven week). Customarily and usually calculates overtime for Exempt System Members try paying a predetermined overtime payment for each hour worked above a predetermined hours threshold,. Does not customarily and usually grant com- pensatory time or other form of overtime substitute to Non -Exempt System members,. The daily compensation equivalent calculated under §203.39(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- . viousiy 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/Val. 70, No. 36/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 mfe 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 §203.39(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 rats 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. 207(k) to a 40-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. Backfill 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 Iviiembers. Backfill reimbursement is available only for those positions that are normally Backfilled by the Sponsoring Agency or Participating Agency during Activation. Employees exempt under the Fair Labor Standards Act (FLSA) not normally Backfilled by the Sponsoring Agency or Participating Agency are not eligible for Backfill during Acfivation. §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 casts 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, Bill 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 a 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 bill DHS an ad- ditional 3 percent of the firefighters 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 bill DHS an additional 12 percent of the firefighters total compensa- tion during Activation. The City Fire Department pays workers com- pensation premiums into the City risk fund tor 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 consumable item on the Equipment section together with identification of Cache List that was consumed during every fringe benefit sought under Activation. §208.40(a) of this part and the method (3) Personnel costs associated with used to calculate each such payment equipment cache rehabilitation. DHS and the reimbursement sought from will reimburse costs incurred for the DHS. compensation, including benefits, (c) DHS will not reimburse tha Sponsoring Agency for fringe benefit costs for Affiliated Personnel. payable for actual time worked by each person engaged in rehabilitating the equipment cache following Activation, in accordance with the standard pay §208.41 Administrative allowance. policy of the Sponsoring Agency or (a) The administrative allowance is Participating Agency and without regard intended to defray costs of the following to the provisions of § 208.39(e)(1) of this activities, to the extent provided in part, up to the number of hours paragraph (b) of this section: specified in the Demobilization Order. (1) Collecting expenditure Fringe benefits are reimbursed under information from Sponsoring Agencies the provisions of § 208.40 of this part. and Participating Agencies; (b) Costs for personnel rehabilitation. (2) Compiling and summarizing cost DHS will reimburse costs incurred for records and reimbursement claims; the compensation, including benefits (3) Duplicating cost records and and Backfill, of each Activated System reimbursement claims; and Member regularly scheduled to work (4) Submitting reimbursement claims, daring the rehabilitation period including mailing, transmittal, and specified in the Demobilization Order, related costs. in accordance with the standard pay (b) The administrative allowance will policy of the Sponsoring Agency or be equal to the following: Participating Agency and without regard (a) If total allowable costs are less to the provisions of § 208.39(e)(1) of this than $100,000, 3 percent of total pars. allowable costs included in the reimbursement claim; (2) If total allowable costs are $100,000 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 $1,000,000 or more, $21,000 plus 1 percent of costs included in the reimbursement claim greater than S1,000,000. §208.42 Reimbursement for other 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 (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. V>then DHS orders e 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 a which they were actively supporting the Activation or traveling to or Pram locations at which they were actively supporting the Activation. Food and beverage reimbursement will be limited to the amount e[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 making 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 he 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 fer 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 CFR-13.32(g), when Sponsoring Agency indicates or demonstrates that it cannot fulfill its Federal Register / Vol. 70, No. 36 / Thursday, February 24, 2005 / Rules and Regulations 9203 obligations under the Memorandum of Agreement. §§208.47-208.50 [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 end regulations. § 208.52 Reimbursement procedures. (a) General. A Sponsoring Agency must present a claim for reimbursement to DHS in such manner as the Director specifies . (b) Time for submission. (1) Claims for reimbursement must be submitted within 90 days after the end of the Personnel Rehabilitation Period specified in the Demobilization Order. (2) The Director may extend and specify the time limitation in paragraph (b)(1) of this section When the Sponsoring Agency justifies and requests the extension in writing. §§208.53-208.59 [Reserved] §208.60 Determination of claims. When DHS receives a reviewable claim for reimbursement, DHS will review the claim to determine whether and to what extent reimbursement is allowable. Except as provided in § 208.63 of this part; DHS will complete its review and give written notice to the Sponsoring Agency of its determination within 90 days after the date DHS receives the claim. If DHS determines Mat any item of cost is not eligible for reimbursement, its notice of determination will specify the grounds on which DHS disallowed reimbursement. § 208.61 Payment of claims. DHS will reimburse all allowable costs for which a Sponsoring Agency requests reimbursement within 30 days after DHS determines that reimbursement is allowable, in whole or in part, at any stage of the reimbursement and appeal processes identified in this subpart. §208.62 Appeals. (a) Initial appeal. The Sponsoring Agency may appeal to the Program Manager any determination made under § 208,60 of this part to disallow reimbursement of an item of cost:. (1) The appeal must be in writing and submitted within 50 days after receipt of DHS's written notice of disallowance under § 208,60 of this part. (2) The appeal must contain legal and factual justification for the Sponsoring Agency's contention that the cost is allowable. (3) Within 90 days after DHS receives an appeal, the Program Manager will review the information submitted, make such additional investigations as necessary, make a determination on the appeal, and submit written notice of the determination of the appeal to the Sponsoring Agency. (b) Final appeal. (1) If the Program Manager denies the initial appeal, in whole or in part, the Sponsoring Agency may submit a final appeal to the Deputy Director. The appeal must be made in writing and must be submitted not later than 60 days after receipt of wTitt appeal within the time periods specified in this section, DHS will deem that the Sponsoring Agency has waived its right to appeal any decision that could have been the subject of an appeal. §208.63 Request by DHS.for supplemental Information. (a) At any stage of the reimbursement and appeal processes identified in this subpart, DHS may request the Sponsoring Agency to provide supplemental information that DHS considers necessary to determine either a claim for reimbursement or an appeal. The Sponsoring Agency must exercise its best efforts to provide the supplemental information and must submit to DHS a written response that includes such supplemental information as the Sponsoring Agency is able to provide within 30 days after receiving DHS's request. (b) If DHS makes a request for supplemental information at any stage of the reimbursement and appeal. processes, the applicable time within which its determination of the claim or appeal is to be made will be extended by 30 days. However, without the en delivery. notice of DHS's determination of the initial appeal. §208.66 Reopening of claims for (2) Within 90 days following the retrospective or retroactive adjustment of receipt of a final appeal, the Deputy costs. Director will render a determination and (a) Upon written request by the notify the Sponsoring Agency, in Sponsoring Agency DHS will reopen the writing, of the final disposition of the time period for submission of a request appeal. for reimbursement after the Sponsoring (c) Failure to file timely appeal. If the Agency has submitted its request for Sponsoring Agency does not file an reimbursement, if: consent of the Sponsoring Agency, no more than one such time extension will be allowed for any stage of the reimbursement and appeal processes. §208.64 Administrative and audit requirements. (a) Aron -Federal audit. For Sponsoring Agencies and States, requirements for non -Federal audit are contained in 44 CFR 13.26, in accordance with OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. (b) Federal audit. DHS or the General. Accounting Office may elect to conduct a Federal audit of any payment made to a Sponsoring Agency or State. §208.65 Siode of transmission. When sending all submissions, determinations, and requests for supplemental information under this subpart, all parties must use a means of delivery that permits both the sender and addressee to verify the dates of (1) The salary or wage rate applicable to the period of an Activation is retroactively changed due to the execution cf a collective bargaie ing agreement, or due to the adoption of a generally applicable State or local law, ordinance or wage order or a cost-cf- living adjustment; (2) The Sponsoring Agency or any Participating Agency incurs an additional cost because of a legally - binding determination; or (3) The Deputy Director determines that other extenuating circumstances existed that prevented the Sponsoring Agency from including the adjustment of costs in its original submission. (c) The Sponsoring Agency must notify DHS as early as practicable that it anticipates such a request. §§208.67-208.70 [Reserved] Dated: February 3, 2005. Michael D. Brawn, Under Secretary, EmergencyPreparedness and Response, Department of Homeland Security. [FR Doc. 05-3192 Filed 2-23-05; 8:45 em] BILLING CODE 9110-69-P Participating Agency's Point of Notification Appendix C Participating Agency [ Participating Agency Director: Name: [ Phone Number [ Email: [ Participating Agency Liaison for Florida Task Force 2: 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 City 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 ESTLMATED AMOUNT OF S 1,041,900, CONSISTING OF A GRANT FROM FEMA TO BE USED BY TILE DEPARTMENT OF FIRE -RESCUE, TO ACQUIRE EQUIPMENT, TRAINING, SUPPORT, ADMINISTRATIVE AND PROGRAM MANAGEMENT, EQUIPMENT CACHE PROCUREMENT, MAIN 1 ENANCE 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. Reference: Introduced: 3/31/10 Name: Revenue Proj.-FY 2010 FEMA Agreement Requester: Department of Fire -Rescue Notes: Cost: Final Action: 5/13/10 Sections: Indexes: Attachments: 10-00421 Legislation.pdf; 10-00421 Summary Form.pdf, 10-00421 Fund Title.pdf, 10-00421 Grant Application Package.pdf, 10-00421 USAR Guidance Yit.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result Office of the City 5/3/10 Reviewed and Attorney Approved 1 City Commission 5/13/10 ADOPTED 1 City of Miami Page 1 Printed on 6/22/2011 A motion was made by Frank Carollo, seconded by Richard Dunn II, that this matter be ADOPTED. Chair Samoff: All right, so 1 think we're at RE.2, 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 Samoff 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 -Department of Homeland Security FEMA (Federal Emergency Management Agency), Urban Search and Rescue Readiness Cooperative Agreement', and appropriating funds in the amount of S1,041,900, consisting of a grant from FEMA to be used by the Deparnnent of Fire -Rescue for equipment, training, administrative, and •program management for the Urban Search and Research Team,.Florida Task Force II. 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. It's 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 Sarnoff, Francis Suarez and Ribhard Dunn II 1 Office of the Mayor 5/24/10 Signed by the Mayor Office of the City Clerk 5/25/10 Signed and Attested by City Clerk Office of the City Clerk City or Miami Page 2 Printed on 6/222011 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.rniamigov.com File Number: 10-01)42] 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 for 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 foliowing new Special Revenue Project is established and resources are appropriated as described below: FUND TITLE: RESOURCES: APPROPRIATIONS: Fiscal Year 2010 Department of Homeland Security - FEMA-USAR Cooperative Agreement Federal Emergency Management Agency $1,041,900 to acquire equipment, training; support, administrative $1,D41,9DD and program management, equipment cache procurement, City of Miami Page 1 of 2 Fite Id: 10-00421 (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 SA"` Footnotes : {1} The herein authorization is further subject to compliance with all 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 2 of 2 File Id: 10-00421 (Version: 1) Printed On: 4/27t2010 FUND TITLE: Department of Homeland Security-FEMfA- USAR-Cooperative Agreement Fiscal Year 2010 RESOURCES: 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: r cilia A. Thompson City Clerk APPROVED AS TO FORM AND CORRECTNESS: JuIiaBru City Attorney 1 e- 8 CITY OF MIAMI, FLORIDA y E. Crapp, Jr. City Manager APPROVED AS TO INSUijA JGE REQUIRENMENTS: Gary Reshefsky, Direct& Risk Managemen ivision AGENDA ITEM SUMMARY FORM FILE ID: (6—DOk-!2( Date: 4/5/2010 Requesting Department: Fire -Rescue Commission Meeting Date: 5/ C aa District Impacted: All Type: X Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other Law Department Matter ID No. 10-1113 Subject: "FY-2010 Department of Homeland Security — Federal Emergency Management Agency ("FEMA"); Urban Search & Rescue ("USAR") Readiness Cooperative Agreement Purpose of Item: Adopt a Resolution to establish a special revenue project entitled: "FY 2010 - Department of Homeland Security — ("F MA") Urban Search and Rescue ("TJSAR") 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 Security, 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 ("US.AR") Program. Said grant award for Fiscal Year 2010 is in the estimated amount of S1,041,900 commencing May 1, 2010 through October 31n, 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/Neighborbood Improve Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact: S I.041,900.00 Final Approvals 'SIGN AND DATE1 CIP Budget Grants �_ Risk Management wing or room Purch ) Dept. Director Chief _ City Manager Page lof1 it Bonds? �. GlR,or,tTs.G0v- Grant Application Package Opportunity Title: Offering Agency: CFDA Number: CFDA Description: Opportunity Number: Competition ID: Opportunity Open Date: Opportunity Close Date: j Agency Contact: 'National Urban Search And Rescue (USCR) Response System Department of Homeland Security - EEY.A 97.025 tional Urban Search and Rescue (UStfi Response System IDHS-10-DOD-025-000-0 02/25/2010 03/15/2010 Catherine Deel Response Directorate, Operations Division, Urban Search ' Rescue Branch Phone: 202-696-3796 E-mail: Catherine ,peels feea .gov This opportunity is only open to organizations, applicants.who are submitting grant applications on behalf of a company, state, local or tribal government, academia, or other type of organization_ Application Filing Name: Mandatory Documents City of liialni - Florida Task Force II Optional Documents Attachments Disclosure of Lobbying Activities (SF-LLL) {f15�FUCTWEE Submission List Move Faro to Dales Mcve Farm to Complete Move Form to Deese Mandatory Documents tor Submission Application Inc Federal Assistance (SF-929) Assurances for Non -Construction Programs )SF-42 Grants.gov Lobbying Form Bu4.VeT rralon .Pb 4r tra Coos_ rile xo t-"q Mole Form b Optional Documents for Submission Outer F -ac me fs -..(tale' r7 ti{. , aO Enter a name for the application in the Application Filing Name field. - This app0ation can be coincided In its entirety offine; however, you will need to login to the Grants.gov websile during the subni sson process. - You can save your application el any Erne by tricking the "Save' button al the top of your screen. - The "Save a Submit- button will not be lundional unlit all required dale fields In the application ere completed and you disked on the "Check Package for Errors" button and confirmed all date regdred data Edds ere completed. ti4 n Open and complete all of the documents listed in the 'Mandatory Documents" boo. Complete the SF-424 forth first - II Is recommended Thal the SF-424 form be the first form completed for the application package. Data entered on the SF-124 vnl! populate data fields In other mandatory' and option fors end the user cannot enter data in Thaw fields - The fors fisted in the "Mandatory Documents" box and -Optional Documents" may be predefined Corms, such as SF-924, forms where a document needs to be attached, such as the Project Narrative or a combination of both. "Mandatory Documents" are required for (his application "Options Documents" can be used In provide addeonai support for Us application or may be req.-geed for specific types of grant activity, Reference the application package Instructions for more information mgardng "Optional Documents". • To open and complete a form, simply dick on the form's name 10 salad the Item and then dick on the => button. This will move the document to the appropriate "Documents for Submission" box end the form will be automatically added to your apptialon package, To view the for. scrod down the screen of Baled the form name and dick on the "Open Form' button to begin completing the required data Gelds. To remove a 1mm/document from the "Documents for Submission" box, dick tie document name to aaled II, and then cdck them button. This will return the forMdoarment to the 'Mandatory Documents' or "Optional Documents" box - All documents Gated in the "Mandatory Documents" box must be moved to the 'Mandatory Documents ter Submission" box. When you open a requlted form, lite fields which must be completed ere highlighted In yellow with a red border. Optional fields and completed fields are displayed in while. Ilyou enter Invalid or Incomplete information in a field, you v4Il recede an error message. Glick the "Saved Sobmtr button to submit your application to Grants -goy: • Once you have property completed all required documents and attached arty required or optional documentation, save the completed appllcafon by dicking on the 'Save" button. • Clid; on the 'Check Package for Envy t; button to ensure that you have completed all required data fields, Coned any errors or B none ere found, save the application package. - The 'Save a Subml7 button will become active; dick on the "Save & Submt7 button to begin the application submieson process. - You w01 be token to the applicant login page to enter your Grenls,gov username and password. Follow all onscreen instructions for submission OMB Number. 4040-0354 Expiration Dale: 03/31/2012 Application fo4-Federal Assistance SF-424 ' 1. Type d SuSrnissbn: ' 2. Type of Application: ' If Rat/tsar], bete appropriate leller(s): 0Preapplcation New [1AppliutbnContinuation ' Other (Spedfy): Changed/CorrectedApp0ca lion Revision • 3. Date Received: A. Applicant Identifier. C3QS2010 1 5a. Federal Entity'denbfien' Federal Award ldentifir. jsb. i State Use Onty: 6. Date Received by State: I 7. Stale Appicatial identifier B. APPLICANT INFORMATION: ' a. Legal Name: City cf Mt asi - Florida Teen Force II • b. Employer/Taxpayer Identification Number (EIN/TIN): • c Organizational DUNS: 59-6000375 0722207910000 d. Address: 'Stmelt: 1150 SW 22ND STREET Street?: ' City MIAPSI County/Parish I • State: FL: Florida Province: 'Country: i CSA: UNITED STATES ' Zp /Postal Code: 3312 9-2 738 e. Organizational Unit Department Name: Division Name: L Name and contact Information of person to be contacted on matters Involving this application: Prefix ' First Name: ,msEPH Middle Name: ' last Name: ZAHRAL5AN Suffer.I 71tie: CAPTAIN Organizational Affdialion: 'Telephone Number. 78 6-256-5118 Fax Number. 305-400-5090 ' Erna! jUSAR@MIAMIGDV _ COM Application for Federal Assistance SF-424 ' 9. Type of Applicant 1: Select Applicant Type:. G City or Township Government Type of App0aar 2 Seled Applicant Type: Type ofAppfr_anl 3: Soled ApplFanl Type: *OMIT (specify): O. Name of Federal Agency; Department of Homeland Security - FEHR J 11. Catalog of Federal Domestic Assistance Number. 97.025 CFt3A Title National Urban Search and Rescue (00&R) Response System • 12. Funding Opportunity Number. DES-10-DOD-025-000-01 'Title' National Urban Search And Rescue (0SaP.) Response System 13. Competition identification Number: Title' 14. Areas Affected by Project (Cities, Counties, States, etc): In,7 d Attactiment +7eiete 4NacLi O. aav Atfacttmearj' ' 15. Descriptive Title of Applicant's Project: fUrben Search & Rescue Response System I Attach supporting documents es speed in agency instructions. 1 AdtlAAachrne tsr� Delefi:lACIgCIimeni& svAttacfiments:. Appation for Federal Assistance SF-424 16. Congressional " a. Applicant Districts Of: 0 b. Program/Projed 0 Attach an additional list of Program/Project Congressional Districts X needed. tC0c4:....i;ill'5friti..Y' ..,'.ii0f4tiifi.P.:' 60'egg64660.1.; 17. Proposed • a.Start Project: Date: 05/01/2 010 ' h. Erett Dale 110/31/2010 113. Estimated Funding 4): & Federal • b. Applinl ' c State • d. Lio1 • e. Diner ' f. Program Income ' g. TOTAL I 1,041,900.00 I 0.00 0.00 0.00 0.00 0.00 1,041,900.00 • 1.9.1s Application Subject to Review By State Under Executive a. This application was made avakable to ti-w State under b. Pro yam is subject to E.O. 12372 but has not been selected n c. Program is not covered by E.O. 12372. Order 12372 Process? the Executive Order 12372 Process for review on by the State for review. • 20. is the Applicant Delinquent On Arty Federal Debt? (If "Yes," provide explanation in attachment.) 0 Yes g N. if "Yes", provide explanation and attach 0°.ddg:.:fiteFj1::t; ElliTiAiIN5ZiKi irs,,VIR7aka6F59-. .21. *By signIng herein are true, comply with subject me to this application, 1 certify (1) to the statements contained in the Ilst of certtficatione* and (2) that the statements complete and accurate to the best of my knowledge. I also provide the required assurances* and agree to any resulting terms If I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may criminal, civil, or administrative penalties. (U.S. Code, Tftle.216, Section 1001) certifications and tiSSUrdri 5. or an internal ske whale you may obtain this list, is contained in the announcement or agency €3 - I AGREE - The list or specric instructions. Authorized Representative: Prefix: Middle Name: 'Last Name: Suffix: • First Name: JoSEP81 zAftruu,eha • Tine: CAPTAIN •TelePtIone Number. 78 6-25 6-5116 Fax Number. 305-400-5090 ' Email: uSAftettliA14/G0v. COM • Signature of Authorized Representative: JOSEPH ZAFIPALBAN * Dale Signed: 10325/2010 CERTIFICATION REGARDING LOBBYING Certlfaalion for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have teen paid or will be paid, by or on behalf of the undersigned, to any person for -Influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the erdension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be pad 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,' fn amordance with Its Instructions, (3) The undersigned shall require that the language of th5 certification be included in the award documents for al subawards at al tiers (induding subcontracts, subgrarrts, and contracts under grants, bans, and cooperative agreements) and that all subrecdpients shalt certify and disclose accordingly. This certification is a material representation of fad upon which reliance was placed when this fransadion was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, tbte 31, U.S. Code. Any person who fails 10 file the required certification shall be subject to a ciurl penalty of not less than $10,00 0 and not more than 5100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance Tim undersigned states, to the best of his or her knowledge and belief, that 1f any funds have been paid or witi 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 commitment providing for the United States to insure cr guarantee a ban, the undersigned shall complete and submit Standard Form-LLL, "DiscbOsure of Lobbying Activities," in ..'rrdaree with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than 510,000 and not more than 5100,000 for each such failure. ' APPLICANT'S ORGANIZATION City of Miami - Florida Task Force II PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix First Name: JOSPH ' Last Name: line RAS.nkN ' Title: ICAPTAZN SIGNATURE: JOSEPH 2AHRALBAN 'DATE: Middle Name: Suffix: .03/25/2010 OMB Approval No.: 4040-0007 Expiration Date: 07r30i2010 ASSURANCES - NON -CONSTRUCTION PROGRAMS 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 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, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COfMiPLETED 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 to your project or program. If you have questions, please contact the 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 to 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 right 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. 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 are not limited to: (a) Title Vi of the Civil Rights Act of 1964 (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.G.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edttron Usable Act 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 Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Heatth Service Ad 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 Ad of 1968 (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 statutes) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Properly Acquisttion Policies Act of 1970 (P.L. 91-546) 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. §§1501-1508 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 424H (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C- §§276a 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 Act (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 $ 10,00D or more. i. 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 1969 (P.L. 91-190) and Executive Order (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 floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (i) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water 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. Vvill comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Wit assist the awarding agency in assuring compliant: . with Section 100 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), E0 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. W/fill 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. VJII comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 el 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 Organizations." 18. Will comply with at applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. ' SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL JOSEPH ZAHRALEAN `TITLE CAPTAIN * APPLICANT ORGANIZATION DATE SUBMITTED City of Miami - Florida task Force II 03/25/2010 Standard Form 4248 (Rev. 7-P7) Back 1. Grant Program Function or Activity (a) U914R Readiness Grant Administration s Management 2, 3, Training EQuitment 4. storage i maintenance Catalog of Federal Domestic Assistance Number 97.025 (b) BUDGET INFORMATION - Non -Construction Programs SECTION A - BUDGET SUMMARY Estimated Unob (gated Funds Federal (c) $1 1 $ Non -Federal (d) L $ Federal (e) 1,041,900.001 New or Revised Budget $ Non -Federal (I) OMB Approval No. 4040-00 5 Expiration Date 07f30/2010 $ Total (9) 1,041,900.c01 5. Totals 1,041,900.00 $ 1,041,900.00 Standard Form 424A (Rev. 7- 97) Prescribed by OMB (Circular A -102) Pape 1 6. Object Class Categories a. Personnel b. Fringe Benefits c. Travel d. Equipment e. Supplies f. Contractual g. Construction (1) h. Other 1. Total Direct Charges (sum of 6a-6h) J. Indirect Charges k. TOTALS (sum of 61 and 6)) U3s6R Readiness errant Rdminiatration Management 432,000.00 99,779.001 • 66,000,00 13,390.00 8,000.001 89,360.001 0.001 694,929.001 0.00 699,629.001 SECTION B - BUDGET CATEGORIES GRANT PROGRAM FUNCTION OR ACTIVITY (2) (3) Training $ 35,000.00 84,000.00 0.00 0.00 0.00 $ Equipment 0.00 0.00 0.00 1E8,271.00 (4) $ 0.001 99,000.001 89,000.00 storage a Maintenance 0.00 0.00 0.00 0.001 0.001 100,000.001 $ $ 159,371.001 158,271.001 0.001 100,000.001 100,000.001 $ Total (5) ( 467,000.001 89,779.00I 120,000.001 171,761.001 5,000.001 105,360.001 1,041,900.001 1,041,900.001 7. Program Income $ $ Authorized for Local Reproduction Standard Form 424A (Rev. 7-97) Prescribed by OMB (Circular A -102) Page 1A (a) Grant Program 8. 9. 10. 11. 12. TOTAL (sum of lines 8-11) 13. Federal 14. Non -Federal 15. TOTAL (sum of lines 13 and 14) 16. 17. 18. 19. $ SECTION C - NON-FEDERAL RESOURCES (b) Applicant $ $ _ SECTION D - FORECASTED CASH NEEDS Total for 1st Year $ 1st Quarter $ (c) State 2nd Quarter $ (d) Other Sources 3rd Quarter SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT (a) Grant Program FUTURE FUNDING PERIODS b)First (c) Second 20. TOTAL (sum of lines 18 - 19) 21. Direct Charges: 23. Remarks: $ SECTION F - OTHER BUDGET INFORMATION 22. Indirect Charges: Authorized for Local Reproduction EARS (d) Third 1 $ (e)TOTALS 4th Quarter e) Fourth Standard Form 424A (Rev. 7-97) Prescribed by OMB (Circular A -102) Page 2 Other Attachment File(s) • Mandatory Other Attachment Filename: Position Descriptions.doc WW(.4160i0604WM4i. To add more "Other Attachmenr attachmenis, please use the attachment buttons below. ochrd US&R APPLICATION TABLE OF CONTENTS Table of Contents CI7eci�lst „�. : 4J , ;i' F � ;ter (Sample Cover Letter Prepares & Contact Tnforrr tlo SF 424 - Application SFt424 A 35.714udge - li SF 424 B Assurances/Certifications SF LLL Lobbying Activities Form Pug pose:ofCooperative Agreement; Administration & Management raln!h Equipment �.� ,ham-X �, torage-& Maintenance Budget Summary A- endi.X1, ,Posinoq D2 ptions_ Appendix 2- Form for Additional Budget Clarification Information US&R APPLICATION CHECKLIST o"ne 21ertt°F{ tAverietteize:q'c.d n < Preparer & Contact Info matlon SF 424 A Midget Form) itigiiVnees&`GeYdGii154 ,,!'41T..,:. EI _i±ar}, SF 424 Budget Aa rative (Fir Program Category Spreadsheets) taldt SI g! jdlE Infoimahop Attath0.(it'currenbaudtt vide eshmat2d'r�ate btcqup�et)on yi.'tftitYs ra3ttumai Single Audit Con alive Arbon Pan (If find r s1 Re gJesh.fuT,auutot`.rabog dfp e and cents �'s _,, s 1 * - " �I " (If-LzlnTng,dc:'meetly,prde-,to`sta!tofCnoperatrve;A9�'ment)c.:_?age°,_ :c n prtt�ress please Indirect Cost Rate Agreement approved by cognizant government agency (If diargtn Indirect oast) _ RogllngJFloatln.ba�s1-O—rigari;sc AriaZO Ls'eil315l1EI efi'"'s"' 15 x Fosbon Descriptions (Attadi or fill in Appendix 1 Tab 14 ) Form fr,,addl6auf Budget'�arrftenon- rifo,Elaf�n {Adadro_fif no approved rate NOTE: THIS INFORMATION WILL POPULATE OTHER FORMS (i.e., SF FORM 424) PREPARER INFORMATION Address 2 �... _... �� ., .. P-tazi tF e r71u:1 K MIajT1 e to H i L '� tyu State Ronda r.. & E1�Rafe6�a s �Rtie 1L7 �,: 3., "<r.-•. {_`^r v .lc�.. � � t,i; -p,�. .x�.;'aFik� .�.'�� -�� �' � :ftf�`t��a� FSY3�?y*�r,A.'l Rig t ; .1 .a .:.,..1 ' ti r f -, ,i w. y:. r».._r£n,_ &g.j<= First Name Joseph Last Name Zahralban Tldeig oRre:ki:irj as:.:_ ai•eirri .. ;$ 5 a k ram man,,,,,,,,„,,,.+, t. rss - .i 5; ...:.-- a .-cam-. > :� rs x rxt � :_ - . .....�4.:i...�.:'. Agency/Organtzatlon aty of Miami Florida Task Fo F .. t r t J- yy 22 Adaress;.tx ._�:,, tsr� :..- .,.,,�.�` ,_ � � 154 . ''S:2 ra. -...,._..Z.,....v _ .:..-, ig (766.25b 5118 'VN-. --' T ti��.. r 305�t00 50`30 '"' � ..i : .vs,.-t`,-....: r ,.. p ,a : G„_ i.g.r t. �q.ec usar(8 mamioov.com ; _:.,._ _....,. CONTACT INFORMATION ,Pitt o� e `�'fa ' `t!.iffra First Nam Mitdd,elWamrs 1 "w + cr Last Name Zah at Trtjea qq 4 r� a. 4 t Agency/O-ganaation Gty of Miami -Florida Task For E Address 2 State .,rts-�_ •—'�.,x_�__..__ v_-_�_..u..M1..,�v �—r-.,� . _ter'`.... Phone Fa'"; E-mail APPLICANT INFORMATION oseph • • (Florida 786256-5118 usar(almiamieev.com 1 orce 6y EFFn x"° :layl r. r FiOrida TaskFgrceJR,.1s Organization Name Gty of Miami Rorida Task Fore Einpioye Tden�6ail.er.J yInb_ 5.-4 9'Tfi00037 . g* ` � w r '?— 1 Tr r , ws DUNS Number 72220791 . «� Address 1, x,?,s�-u _ -:'" - , `'" "` '�f' a"+ - ',: ir v�--n, i �'r,."�+�'.!; , zi L Ti"ti ]::iSQ'SW, 225•T �...� � _* : c°� � �'ww�,:':�.`�.`-"".s'w'��,uF���'.r�.,�_-. Address 2 CfriItyfaeW °'Li.,,,a -[ F'7idml „� ':�: c .r� -au2ttsi_rig ��, ,d�, :!-."o+.". '';�`i;;?i,-', lCsun� Miami Dade Ste x VESis *� pa9.$d,'i`XS `arG ra. p ,L Flofitla ..+,ors 2�My-°�,V.-, rA `'Ei a . F ,c..' 3hw"T i'`i t €r' 3' - T S u di tt '/' d..�ii N�.`�S1+W f�'f Any Jr 2rG r�•'r: ,�, _.._.Fc. �"ef k b i.a...... Zip 32129 Elun�}+.'c r r...7;:*.P'.,AC-FAT i1ntEP$tateS�Sillta3`Sh�. ` ,,,fC ..i.+a4 _. �t`PIRIv3..'.4E%k7M., Submission Date 10-Mar-10 Type of Applicant EAfi P$$10h�� Dr'.;,.,G 4nr1ilea iTMl J r d tF� N r;4i 7 s rnri ,i g .. _.: _ .. P.P _ pC. w ila, ?:hut°. F aW m.,i ,sw k . 4 .. a6 rnt-. ''eta.Cs liti i :.S Congressional District Project -r -^^r m � s-. l ,.,!'�E l � i G 3 :: "4'l , %�,"d:�, yi 'c n' Mr+ENI U j," 7"•� . y-��y'�"'-Ma ''f�_u�or�zerl„Reptgseri�tjve F ,�t�a_ .a a � �' �� � � r. 9..�L�,k�e� .r,.,. �±� k.-�w..�?v.s. ��5 �:. Authorized Representative Middle Name sns fitit odzed.�ei?reseratadve'��t f5ar�er}�{{���'".� �'7�'`; ��.." ,�,���,.��.��' .v:�!��`'�""� �:8���;� .,.�� K�-�a Sedan 4 Preperor Contact lntormaUon Au.V:kprized l?Ge AUthSiii d Represeritat}ve,phone.t um>p[,' Applic t Identifier Qf appllcabte) S ate Appli nt'Idrnttfier (tf app j ble); ' , . D gantzatIonal Unit: DMslon: Made ava)table Tor EQ 12372 (An wer;Y brst7 Date Reviewed If applicable) R"Y,.fDrnot66*4od N:.fdr v�t5elecfed, z., W ti 6ecdon I Preperer Contact Infra . cn APPLICATION FOR FEDERAL ASSISTANCE Verdi 7R3 2 DATE SLEWi r to March 1D, 201D ApPlior!I 115c- 1. TYPE DF 6U6a:1S01t Appti.lion Bs Censtrtarilon t4 CmsekrJion Pre -application CmsIrtxJlon Nan-Gonalru=ticr, 3. DATE RECEIVED BY STATE State li:abon IdonliSer 4. DATE RECEIVED BY FEDERAL AGENCY Federal Iden57er 5. APPU CA NT INFORMATION Lego/ Name: City of MiamiFlorida Task Force II • Organizational Unit 0 . 0 drew: .. 1150 SW 22 57 Di,risim: 0 Orgatrzaliona' DUNS: 7222279•1 DeparlmeN: Sent Sent C 0 Name and telephone number or person to be contaced on matters (Involving this aPP5catlon Iglve area code) • MIamd l Dade - - Prefix Captain [First Name: . Joseph Slate: Florida Country: .. United State 6. EMPLOYER IDENTIFICATION NUMBER (BM:): 65-6600375 E. TYPE OF APPUCATI ON: OX New 0Contsnuauon if Revision,rule- appropriate {eie(s) h heeded)Soo back d Form ler desoipl1so d teller O0 c. (Spcify): 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: I TITLE . Urban Search & Fiescoe Res Ponce System . . OReeislan ig17I lei2.151 12 AREAS APPPEL ICU BY PROJECT (Cities, Counties, Stares, etc.): Statewide Mick Name: Last Name: Zahalban Star and: • usarltnriamioov.com - Phone Number: 706.256S116 !Fax Number, 305-40a5090 .' . TYPE OF APPLICANT: (See Owk e4Fonn Ix Appilca7on Types) 9. NAME OF FEDERAL AGENCY: USn . Departmt of Homeland Soordtyl '. Federai Emergency Management Agency (PEV.A) 11. DESCRIPTIVE TITLE OF APPLICANTS PRO.FCT: Urban Search 5 Resare Respo 12. PROPOSED PROJECT: Coordinate Statewide Emergency ErManagement Prcgran I14. CONGRESSIONAL DISTRICTS OF: Start Dale �s Wing Date: Sf-10 +'. �1t20i1' 15. ESTIMATED FUNDING: a Federal [' • la. Applicant lb. Prole p ; 16.15 APPUCATI ON SUBJECT 7o REVIEW B7 STATE EXECUTIVE ORDER 12372 PR0CE55? b. splicart State .00 d. Lora' c. Other f. Program Income a. YES El THIS PREAOPLICATIONIAPPUCAT M WAS MADE AVAI ARI F TD THE STATE EXECUTIVE ORDER 12272 PROCESS FOR REVIEW ON: DATE: Jenuary0,1900 ]T f % 7 /) E x PROGRAM 15 NOT C0VEFIED BY E.0.12372 OR PROGRAM HAS NOT BEEN SE:.ECT2D EY SATE FOR REVIEW 17.15 THE APPLICANT DEIJNQUE5T ON ANY FEDERAL DEBT? g. TOTAL I 6 1,Mty0a .00 . II rlYes Ir Tes; ella:h en exaWnatlnn No 16. TO THE SEST OF IA KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPUCATIOWPREAPPLICATION ARE TRUE AND CORRECT, THE THE DOCUM ENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE I5 AWARDED. R 'v a. Authorized Representative: Prefix 1Flrsl Nome: • , Joseph IMIOdie Name: Last Name. D b. 710e id. Signature N67retred Representable: Ravi on Usable car Local Reprrducgon 0 Surcr c. TelopSons Numb e. Date Signed: 7, 1c �—si' S >)c Standard Form 424 (Rev.05-2003) Prescribed by OMB Chelan A-102 Section 5 SF 424 1. US&R Readiness Grant 5. Totals BUDGET INFORIVIATION UDGE((INFORMATION -Non-Construction Pro. m Grant Program tsi . y ;{,.� �2 rams Catalog of Federal Function Domestic Assistance or Activity (a) Number (b) 97.026 6. Object Class Categories a. Personnel b. Frin.e Benefits c. Travel d. E•ui.ment e. Su Iles f. Contractual . Construction h. Other i. Total Direct Chares sum of 6e-61i k. TOTALS sum of 6/ and 6" ,Jkir 4sl n;a-r 7. Pro. ram Income Previous Edition Usable C710Ngq, zBW,DGET15;41„/M1 Estimated Unobllgated Funds Federal c) Non -Federal d Federal e 1 041, 900.00 EQTIQN,Bksu 00 $1,041 900 00 t�Ub:OEI avgTEG.OF2IFS Sty KT x :Moo $1 041,900.00 3 rt„ 1}r . 40.k S ir3„•R4h 3t �u ST1a ASS ,` t i s i �� GRANT PROGRAM, FUNCTION OR ACTIVITY 1)Adrnln.8.M.mnL (2 Trelnln. 3 E.ul.ment 4 Store a d, M.Int_ Total $0.00 $0.00 $467,000.00 0.00 0.00 89,779.00 0.00 0.00 0.00 120,000,00 158 371.00 0.00 171,761.00 0.00 0.00 0.00 5 000.00 0.00 0.00 100,000.00 188 360.00 N/A N/A N/A 0,00 0.00 158,371.00 0.00 0.00 0.00 0.00 $694 529.00 $158 371 00 ...,11:s 1 � fi:. $t it t x,.r XI;) a+ 61 e \ .j, OMB Approval No. 0348-0044 . New or Revised Budget Non -Federal Total 1,041,900.00 0.00 0.00 $432 000.00 89,779.00 66 000.00 13,390.00 5 000.00 88,360.00 N/A 0.00 694 529.00 35,000.00 0.00 54 000.00 NIA 0.00 89,000.00 $89 000.00 $ Authorized for Local Reproduction Section 6 SF 424A 100,000.00 1,041,900.00 0.00 0.00 $100,000 00 $1 041 900 00 -- $ Standard Form 424A (Rev. 7-97) Prescribed by OMB Circular A-102 8. 9. 10. 11. (a) Grant Program 12. TOTAL sum of lines 8-11 14. Non -Federal 15. TOTAL sum of lines 13 and 14 4YL 16. 17. 18. 19. 20. TOTAL sum of lines 16-19 -F Et h RES'O.',R' (b) Applicant (c) State (d) Other Sources $ (e) TOTALS $0.00 0.00 0.00 13. Federal • 0.00 �,. kH err s tt $0.00 $0.00 $0.00 $0.00$ UDGET�tES a Grant Pro 21. Direct Charges: 23. Remarks: ram 0.00 $0.00 irgoalc5 $0.00 (b) First BupGB' $0.00 �j4lt?,T`HEdiROJ FUTURE FUNDING PERIODS (1 (c) Second $ $ (d) Third $0.00 $0.00 ears (e) Fourth E,ORMAT,I 22. Indirect Charges: Authorized for Local Reproduction Section 6 SF 424A $0.00 $0.00 $0.00 Standard Form 424A (Rev. 7-97) 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. SF424B - Assurances htlGahnvw.grants.gov4e^_hI1hJSF4249-V1.1.Ddf SF LLL — Disclosure of Lobby Activities http://www.whilehouse.00v/ombicirants/sfill.pdf Section 7 Form Links to 424B LLL ... _ . National Urban Search & 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 National Incident Management System (NIMS) 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 ESF-9 activities under the National Response Framework. Specifically, the FY2010 US&R Grant Guidance and the accompanying budget narrative provides our plan to accomplish our objectives identified by DHS/.1~'.aMA. This work plan identities the key areas that our Task Force will focus its continued readiness efforts. These key areas are 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 narrative, we acknowledge compliance with the FY2010 US&R Grant Guidance in its entirety. Section 8 Purpose of Agreement ADMINISTRATION 7 MANAGEMENT '"+ b.m.era�'S£S>+'?MX"3"'F,';�4'�3t..�a,]'c;5"i....»4BS nr rrR" '�!br Yr,h w[Lti ntS{El4 cfaaw2 .,•-kl l! 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'.'..i..i.;qie.'.eafi;li*i..*-:.40.-qki-'0i;i4::k''''c4:*frifii#tj*eiOcI:b-,.:fF;.r-i;?q:§Lkkit!i,.;-41,. r).!,..'!7*. t.ttk : : . it,P*ti.7ii.o trE;,igli,6746ii*Cik,tciii*:144;i;e*ji...40:i;9,,.(4.;;t'#i....,,6?....,*97#'.9.-i!!4:Y.7.-1,,,,,,,,,,,,,,.L.,.... kMigt4Yi.Z.T.At-Ai?A'6'*.ikg;V.):Ii0:-OiPNr.o:_,6Zik'IN=.,:..i',M.fgl!,14:''WW:-,.:-2,;'-gi.4.t!;,gi?",;g::,:zi...itimfp.4.,Fi•;,;i4m.,?-k.:,1, EQUIPMENT $158,371, Personnel Salaries & Fringe Benefits IgOns.tor Penonnitsra-a& r-Vigi;.-7aselieii.SICii;ritijia'r-4,014tre-g.fAitt-ir.'l7.-7tiraigttlii.'FR.:-1'lt`lgRZIt4ri,.,YrtlikliratlaVgr.::,Walt-5tV4.140.-V.0.0.1.57 .. .. :PVnfl''F'PYIV5e q*c9;:t....!Liclrt1.*4.stna-ror.F.,f*-pb.epii(9,30-41,,*;4:T;*•.014-q-,ir;: 1J*zi'e4.4salantAn14thb10-4y.*;y14, F;Fi.,4k.c>,?.:6',.. th'i;5'.. g_ i 7 - 6cikir.::.gth:rtieir;iO7C-e451i•'7"i.??iii:44,.i.i&'i4qf.T,,iji'ad:;':r,L:ejir:*;i?if'nPg'iK'r'-:. `14:7,10 't. ga...'VY4TAR.-f.t;*44Er'-^t.:*4?**.2g,*7Ws6CekSia-.5iiii",#;i: :'* sibg:GE, T"4P ,-'.'46 M4q,iti*:1,4aii-O, ,0,;„qie,Z011::: - • '- ,..,c.,,.,,,,,.:::„;;;;,...-.,:,...;„:.rp.,.::,,4.3k,:;,...,....g.,,,,,,,,--..,,,,,,....,,vt.-.4,4,-,-;:.:44::.;,.....,,,„:.,;:w.--.1kk...-,.. t.,.,..ir.•,,g-iii_-.,,,,Eizzip,..,::-,-,-,,,,.tilt-LE.-A:r.:2:1..,.,-f4-11-.-.._,.kt,L._,...,,,,,A,w-_:1,..,,1-.., Personnd Salaries and Fringe Benelthr rrtehcrtirs,, FruveSenellts, .AppsicaTle 404 ToCa& ------giTs "af. ,-.7....--, ,;-‘,-:',‘,,` =',-V,-.9"-Irifilic-di-,@ '•,-, --- - mt. -grrai : -..c.4.-rc_sr-ISS-t,1 e'—': rs -di '..'",'_EV&_-_4:0‘ Fe -4 '.`Aii' e EcWarl, '5,-;,',.?.?"--afi--4.-itger_;gart: ' Thearc.b.e4ckic-it450icivick:.hot*ttiq...Fototilyidari isildlxiiti.yrii..*,. :1,66Jily4t..--lr..--.' --,*lZ.,,,.:'..1-4...;t-i-L.-:---r:t ''. gPlir"iC'r.=Pi'''r-;444L=-t:Zi;'t . - .-T- ' .▪ ..r7i-P,T,ritt...7.:. , t...7,...*.•: Z,1,:'''':07.217,P.' „:., ,trArW/0617jthf40, At.7,,,,,T.„.A.,iiip,,,,T. - .. . • ..,...: , .... ...-.....•.. ....,,,,_, C7'. 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Galion-'L Nosf�rci , "esee l �nbej64,ei,a.rJt rmsw i Itn,5/wn,y«ne�torTn,dwva�e(ot1.wiroeean castsunbeymv hn�UtvWaocrass .isdemf rtief .>hq,i� tc estedrithe 0mndits.sc (fiat Ml zimy t.at �a.)a7t ., tttitrp 'firsftradl, - : 0 d. )otmvc b�4' Wt tt urki am a) {he Urrie ftt s'ths'tlme' Mr9p _q'p 9c. — bt5c$ eahk�v, 4I don Ttg a or, drop davm i+.y.5,fot somt a• dte fad you can adz ottrss at h kt Mfhn.the Std (d.W'aY , „ . s� ...t ,.u-b•. r` tW �''• a i t- L ,,: p! i ei� #: }� r `r" I,� t f'_-!y .. S 1. r i Travel al AppOobic) Preutaiic?fi,2fill `.rtf . #:1lt tbd':A',V,e oRriel;'�S`e; U' aiKO--,orlffp,s(appmx%i -Tool; iYA.'�`i.'.:§:.g-7..-RA_ tea. `r.Ne[:�3.f.��st,r.'��•,ie=l�..�.:�ai,F.�=Wiz°.;', �=��'�..�.'9.'W"��''.:=�-'��x��.%�"i�-xev�tiasf:Ea �.L�� fin' �❑'f�C)tr Wait Prwbc cagics d atw a�pr¢ d u �d C sektlm air yy3'1 t i'S 7 !T" 4 i."Ty5'E .t H�-r_ b-r� �f•l _ r �re4�.-'� >-E"�'-r,� �'l� t y �� ad._r � � ri�� a -a- �•�� y, .ice. -;^ - ,c �35ri in?G�'Azuiu'.tiia cbcRoeat6�? eGlirpion ixse hfi:73,1`,'v' c`c Equipment a�kr�e�lcnasc3an't�aL3it353;nrz4G Ygra7as-•rkakfpr4•ed m W ei*Er t 4• fj Neappmred Cale Rs .}a_�ti � �,r tri .001Y��anlft r the ragurerrlgY�. Fbilti;anm Rl;nr l�nis t1K!P;i4n fat L11S ar alAlrrirsf ¢t' prp�rt� puiiarxeordm7F..1. A l:r� oril�alfi j • adtitt7hul'6Q�C'ou'aith2�Fi'k ?EwJara�P Foe?ns'aoert_.` .dk7tfirMiSAlX'i�3�cisY-.'-�i�:kS,!}4��I tx-aFfnc TaS+ rue Fq.�rre ya.•� m� � am �+v H � ya+��3'of? 17i1 i.}3 hs rns.re[ez}onabw p� am aDmka1� - x T�� A' (�°�I�r "tC ptt�derl�e pr�trtederi ippr0sed a'A� ��) ��9rarn V�. a�.�?ecY'rdlnz(TMx Tsr� fo niq m3hjahM I�T.M�--n{art aretu h3� the apprcprfatc ptw F..}� ta' ur �Q•W1=r�p�Pt�aRlNOat�.a(� t F'� Y - (.7 1.� ft �4 �11-" 4 �J. Q "•l'Tade 1�u ��-�ar, a utti'ca�r eS tdcd m• br o�et3 ref 7Idtr. �) 'lo���t�tryr . • '+{tl-� F I Tie u593` --- tk� 3,e ii c�{dff5 cqe niSGB.'Kp . t�.6;5 "ra'+. • +�) aPP 10't S44�T� rii . t: •,n i,. � ss k5�•z" .S Y5 rci �.> s / r '( �* ;� r � i �S i NKt -tT, '%.• if S rr Y i t,i y �,'�3 11h J �r �1- the amrXLit aid N awapl for Ui�' ° dam) n ay dra pe At!rt�ra'ries tQ 1,e1ec Mt r<S lji)e V lwf rtrpe regti lC*.i i+c dep�e K. are m the appr0rcd Cs.s, {to tis 2.bter0ert d,,fark"r r ' r; Rrentte44a the spec' Fit' b bc-ai6ifid 1olt+t, Pr0ram 0(fret&Graph i�slnrr.G C(f f9C.A ain`t . ga"era( rna t?••gLae pasgrin' PAOtl' 1pitg c useful 1k f! ape boa ox rraranE"a >SNoo m-a+- ear- Ar- •thC n(hie W1141mhart • estahlknglby ttl�poie+m 2'rmltlo Man.•lal rntzm7R-0up #S11,Y1,. equipment These art tie kens nr Task Fact aaklpak% reetukin$ for tie FY2010 Cceperaf t Art le Me rabutrn a ri dais urde: bye Program CadbW'Y. Hawse-, de to the dynamo ;aware the nuarke tints ttr these items (natal tie armee aabr ed at are d award 10- the object loss) may dunce. My d'aags to listed tens e4I Le rrie:tel 1, tie f..,4n Repels, nei's3 tle rmsm F0' the eta and the Task Res sur rot be required to a4rt t bate rnzpe Y Raps are on the auunnd mare LC, ad oneed W 1 an ya7anx rr dre:llres. R3rg a 1bM'r0 emnmm come the s echoer ns and lnfrma&T to be vibrated to the Pnxren Cercairirmts Aszs3ru Clete kr pris a,�pwai Ilim`.Pe fP6o'e"t+'S` y'e>;?7.,LR ? •3(zrifeJi n"d:;a•3'is=::C Cachet:; l�lf'?!�3 IJ'iil'.f-osL,r„35.1`.t'." i •" Nao(ll6t6:tr1rtgiY •: wrf]Sr...d.raY and Maintenance 1 J$130,030 Rena (Repair) Tmar(HYstYt) ST30,000.00 1211,371 So;af. iz-$130:000 52E, 71 $0 r:.$0 ro51 }rr$158,371 urRrnerr xn r. ','c".R .e aM"fflO'A 1 -. w`tr r Iir. t&rtbe any ad7tbina trtluiratbnW ms?s Bela, T' . zF - ,a1 a i.. m .,, x. i..iC �?.. -. - _.;^nYfl._.itir:��,.zT.,;m ...- '".." Supt711es itoty Pitinr,,4 4;a441FRE.Ele.-0a S`} e6•X&.,.\-,t ' S. s; a't .er':�A!i4:lit`--k i,`-'" a,,,-E i,�c I.V .'.. h: lr i `1L.,,R a r� v h. �h.t1, a N„[hnYk{- rn nppnztnate ksllig•ar rosary St4%3M'" •S,l•ppfa•. tcps/m'„i that Sfhglb Cc• ks+ed are i:ins onKr that rrM tk oup'r � •� 'myCs Z. fp(bvs 7hc➢.•. rtf4'Jym d= p4� t" ouCd�k tFf j ;' �•'pcnr! n nTn. g pr nrp bk t It peal Pr9pg?Y. havtrq a use uI I(G trp�e a an are roa t am an axqu6ltm •msi wtikh•e• Th or rnd1e • r the capbllretl i qa6Asrled byinq Owcrmnite�rett Cpr frhar nlrm-it d:pma o= ' Hr"yc,� due m nr ,?!W:* the fri kenei i Y tF.setem twihh N,e_ rli wfan.ay at t>rne d ewrrd ra' the alLcctasz� 4Aay.dw a Hiv:da ya m nK kmodis a .,'c re&ct db nt- rmo ke n +dudl.`iq ki ram. hr the d.a g ski.''' ; r Supptta Thefe are tlx tens our Task Force anti:bates no:siri g for the FY7010 Ce ppadhe /goat. Fiau•_re at to tic *name pepren, tte rgtiaancvs Ice these tern: may eherge ab any [here wiz be refiested ei Me Performance ;Limns, oth the rrasan Jar the Burge noted. R br et± charge Is not moored m Ee skrntted fa approval r M: o in Ws object doss remain u aiXemre' n tine of armed and tit tcc arc aiafa<hh h xmcanx with the Statement d work prorTM Wcia'a are dcr[tives. j(liW'ao.i 461: ee'xu16'.0 4 jTa47.tc.647 '2 *61 tin'^." so. Fos so- Tres/ 7:�sx+'f.-&'?`�ur,�k'�r.:`iA�`�Rr:,re'S:3 tx':r5�-'�"a.,ahrT.ik`r-- �5 -* »✓ s-ph``+"tn.:�e`:it �'H�F"r' a�� �%'ur'a' Case ease P�v r�a`n77tm�est'�' vsc pc5athcarhY rk11ti,t 1 acpp(]f(ing trjcmlafi]!I L,..,...� 3k %F !.x GJ •..Ji.�t 1L.e _ i TY <<.._^y �4__ ._ fl rw.:.`i.,e wee... ..'' r.xti adlon 11 Contractual tetu.:t c rrntcW. sin? %,), Contractual a as mssd se*stcs rnLat .ek, fa cwpms2. ��: u g'a' - 7FiJA4;.'S * --._ o .sT7dn�. 111111111111 :.rSO IIECINEMEMEEME 511111131 -- rota; SO szzaan:setiadEsC� .'_ •imYalia�£at�5 naF�ii1"atb uatib�:�' iF. Other Pi4tCivoia-ae ert .01 h,..,5"I A. ,r�gif41.i M� T3,; �.,xi' W:i.i. 5?,; W:Y.:r1 4b jPr.w.i + .kAh,f,&141-w *ti ..c 4- . Tf_k ° ° • f ca'e'.�y mf t th t a2 are e�...0-i � re}i'.-tarp e+o+.ee u,e.Sncvnert j wo Yt L rpc weed h the o h - ob.} loss... - . '-1.+_-_.-..+...i.:.L'n1..vi;v...,:aJ....._.,1;ad.'4_.. 1+_kL_.ul,;.-Jt.........:: a:._....:_,2.,..2.._:_ i.i:S.._2:._:1=1 ........a?L ...a_....�`?. 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TS-e _ Rare s ..t'd: Z.f• [ lbe be any icher i sunoortrg+uannat,m ler ants bFh,1' - _ QY/Can4Y/�aGrth�mte�/gr z.ai loollrect Coat, • swami f rZgl45'EiGajX-d'.F,latn" airs C I Personnel Salaries is Fringe Benefits Tas'74Farr* yse be@ jo 7n�flti.Ypr satarlrs d asl' race . frcLrfdUa�s)�r+1�artl 'kly I y T `Jas'M'ho Pxform duties mated-m smra�e R gafite7�anx,� pds.ma� a'sv ba�Py esp )Os, e b! : { 4 protecl3 spe�YfCau+sare )i1Jv�rn, 9�F;�faisamr�hoursmd average slary.rdfC ilf s�dfr.da�sare tnla:�em pro+n2e ffilrtetrYl thEe (ja �(e41d3y q�xrY� With iel3 dy 4etcy j{° [��a�y phase mte tivsn esa sg anal&Cuekr n.be ax Prtlwb am rrturlg any fi�the nowty�atElA tfie mdtl2tlx Personnel Salaries and Fringe benefits uci::r:v,='.''i:,tx,.J$^f agFw ra�tst:r l�C�Fringe BenelSnS{Il r.. `u '! 335:" .y Fryi�U Part7ime-'- --a�.� r { � O�ertlKoDate'Sa�a ry�(Jucryed_IA . �5t�� 1,3atar]' (ylsj me .. 2t4 • mats -..�";=E'-.,:.��.;:G:",y'=;3u;1��:ti:.�=`Sa"J�.-•'roc.- ��T.#a �*hTea^rea?lielav k tn,prwi6e addbofial:m(>°s tf€7ask-Fotcemay nee !n a61 Fsclad l t>K Y otsa'7's—sates iaeCdryz6pie ayeigNiy rnsls. T-wi-�,;,;,_T.- �.� •r +��-�tr -v Vie'^' f+;.:�,.�� �^ rr,-"�<,��'�- �. E _ 4. This-macn�ivNe�6erFa t r -Iy,doruulFoceedHbrardartC "wenii �ilrii nnrr H tiv,;h r`clia"n'c6er ffirifditfoFu+, `adCftCd-^a:rokiineitraii,Aci; ssfsEmi -.iacBas"03r=asci�.Fspao�c5es^F:ne�J.r_.��: ,��i:��t��,'. 5ra- y `F' fils�,s'iUtr .35 Equipment Equipeneft Id--auzmitz-gaToovATT deGfIC.chC 441 CaeiL ;P/1-i> NO7.,UnItsr.,Va Tatle Supp! es Conba^tual arnsihoyeal 5sifo �tx",gTW, ... `432'd'{s xamr4j.goc.h 1grrs, dr,,r,Pre U'ein.qkufYu. Pei;gt alst?h{cUiu=� cee7�'rts5ro�e ii�.g.--i� 'zM 1iEkiIit4e;7' ef -'ir- eSi'Mfo'gc� `5t 1d 1fcnanbar40sy spo9 MorrveHT fr ta pntr_-b ow1-cs +Snt g,- ieanzbUeWnxnor 10! so,a9fasnaqt i•U&A +^.. pipenFdvpcJn the hVt.i YfkripeastSxjude c puar. She Kaeux1: sn aIr>*udc s,fn.0 1,, qN teatr °iaz r4wetionemi;athrts:4tfieei0'rrnreoeJtre1•, 'fsxsth3t i.'i, i*:!irc dthst,ubfresMy,mclnki% cxy;JJfn5g truthbedetnd b= apoed tf15 fvagrg7r Otfl en6Gren� I,¢istarKEYKfre ,/, e,,, wmay ra i bFji:44 new �p0al cnrstttKtla>_ t .. - r , + r G Convxnusl• gt;..,tgn�MWD„� Wicar:pz:o:tE.?; ieave�aeyfn Diti,r .t�u�e;sdL��' Warthws /Off4e }ease J5/1/2009 • 4/3072010 j 5/1/2010 V30/2011 Wa-darse/0/lke renovattzn 5/1/2010 V302011 :^T �^ y'eent2'til;;,-kLiSrU{iiEC:�?` Total Cra'k.!{.Li, rS0 Total D�atbe dryaddR15ra1,' nS�n!¢n re.kirt toc[orvre7teftAsts.beoiv. Jrr l sire:..... foxajeardmst 7re7crary Cad7tYl�sr✓k�iui.�^:a!nv=r. - .ti } RiF2fa�R1a'm'�Ir uera5 ar®;d22 t few •Res are,. txiibs .e'µllarrei!.. • stu+2e. !'drLic swra9C�Gamti,➢ `aaki and adii w Uve t..0 P.i.grure fmc aJ h'3555 o-staure fuck 1m ary ou^atpgrtay LTF-2_. - i " �`. Basilan 12 Wawa 4aY,kiawwa _.. ri-4100.11f10 %Ini'L li®"se''markaErdS'ia6'WE F1' LY.=40,0W7l`�js 7fnx Dther oces`ierq�tio'se,-:fond:'i'e;n,`^"�''t�%'ts`�^'�:�k's�' T!,k ama «e m�e tq if that e e ere sir Z mal .rare mJa m and bra a e.t t� s r wda wo bu ra +edIn g+e aim abJ�Z da{se in�u�tq ml�a Other (Ust minor ch nstructloe aosO hem +tt - , 1" ..:' '4a-e.f,''2174''i.,,om?"= Qwnt9ii:-., ;2raLO'1t (hJtFE;34P `k `1„! OtikatMhalf 1.0.441'� bet r12 ; Desr116e arty addt;kxa) supportGp In(ortfi�Gpn./a dJ>ef msts'b�rj. .�k1iA?.hJ;;'�k"���?�'�i�Cw-i!;Cmt L2slr::�F�iseFnai��OtC.t4'���P��JwJ r.":. i:�.�KfF•{i'2�{3^h,l��% /y�resrml� l" �s fl�ua�s .Ymgv�tury;iYtar7Fs kr9'>+CarT 37ikigama'.tGe:i+*'t�•'Qia'ra-m"�'L�mlEitfaic�:iF.v"aGdR%int:$aifltatlon:�srta5:75B= s ?s��� s'�'=a=�._;.—'_��=•�( ?r:=ri r;€_-.^�J..-� �I�_�:a''G7{_'�='r_�—.��t`i.`_J,^�ss� _: ladim 12 Slane Malnlenae. Indirect Cost, :kir:In"drr itig'trse}bitgl ak -7,4;K . at llTak;ia,ggiiglottag. SZe,.5re.,..;'4i4ti4 k{^ ii;itrr!' a'3`9 47/Ti�'�ti`R0.12i':I+' gl—TrFltfr n?pk #,..0, t 'i ppr'l7ed 7 '!s r, tnarta C tAace Atj rent tlac tfas Aen epp o by,a.•.?4,0i,u3,n• Fd{erdf ItgeK.i' j, cnpr o the )i!d i,C si Rst 1 reerjten stwcdd= y 71 a^Y b1e ¢t ;tt e t�dkxt 4os Rxx.l orevienc thef sa oft s o kr} a e „rt� to n o ateoa+� de Ir r ct razsa a based o le ep im ®41!e er�eeeS iiii a�eint o awIded below shout na me aesa1p i or the cost tategay fw tl e �v; tite x'rountnn }uf an x:6asea me ott¢staix and uu:,tocn," Ttr. rats fra,q,.a, npp,o r! a<; r ad *o.�1 Perar avuthe te,n N the eooPeatnr lg a�,e�i' _ ?, • .u_.,__�.::_.=,....i_._ � e.._�,:.u.u...__.uj�.:_..xa..:i;�..:.!_i.•._....�:..I,.,L.._�'"...�....``"'.,u�ev.J.-._..�:•..:-�..t` Indirect Casts �tr li.'46646010.0.1g1Wllhit; :figig,,r, Jtsnl kg#V Jot .rai:(y a i/ 'is`�V,.i4Q" : � egic ilmount'OIrkZ. Ir�tFit.. Percatts`4o:�r�iY+.a`fy��"i Kirf+fS,f„".71'otal CuzC:. Total �}iidr�Cm�si� z'�.3��f�k�+�-��9i`�.ls��-2.�°v�+'.`^r�,as'`p��..,_�� ��E'* a°.�.' 3''.v' ..Cos'''lirsisna t - S_' �' �'�,:ec• : •r: ;t pi*Tli a arn:addr!onar a;PPtiitktg lntnmiathn for rdirec thsts iebn..J!lease adviseti.rwh'o; 6te fagttlen. Feocal Ageitryand the dace af'apprpraC - . • The rrig t.i a:btmR c7u-.Ca:Hid tatta±>,c:` si adiCoral.d f..,bon rse BUDGET SUMMARY This summary will be populated based on figures entered Into other sections or thls narrative. A.ctrVitaiit,14,rag itMarl'OT.' .Cri§theettl'aietk#4,,,,.. AdmlnistraUon a Manasiernent .•;;;V:';':51:Te'..-::!.::!70::::$594;529:CY) Training Equipment 1371.0.0 Storaae & Maintenance ,:i.:1iT'Tt','CiFIli:IG;(XX).00 eili1eEttiiks-'1'..ttgaiirkag"eig-t.VOiVAIreit-IM Personnel f.,:r.,••:.'kN.;,,,.).7,t,...,;,...$4E7;0.50.DO ,Frinoe Beneri iliri:iiiiiiiioiiii!iiiiiVi'iiiiiiiiiiS/39;77.91.00 1 iiiiigiyii,iiii,iiitiiii.54iii$1.20,0X.OD Travel Equipment i':,V,i;*,,,,"2,! Cilt`:' I 171.,761.0 Supplies Cootrai-aual itikiiiii.iiiiii?d.T.:,,,).$1.88,360:CID Other Indireltharq,s ,:;..,,,W_Fr.70-itt-r1=74-.2......30:0'J [Activity Sum f Object Class Sam [Total Saaralu Budge! Surnirmy APPENDIX 1 - POSITION DESCRIPTIONS Meese t? lIn position desaia ort- bean; a-attafi Predyped descrtpjaz. 1'.T•fi[rrmrnistiadve';Speclallstc� llame*tit ��(za`�e JS ifs �n yi ;v �"i'TirJe!idnlln&iatAY.$ ai i. 0.4425 DesiriL� Fr{anda! Grants Manage �ivr tis hem F {:"toglstlis'Coordinatiirel-t atA; tame ! ibe:cngtstL S_Lm�eshistHanager•.�.i'�`.�� �LTiariie"fl.�s'.'S"���i���3at;�:��i?'�_,� DesaAeLogCsU�Manags /ftn�ia�sJ,n E 6'PiagFarraNanaoer a.,''fini rrg/famEfie ll�a 'a Ds P�uyrainNlanaga�(riric rzeher'e'a.��=r=�:jt.. � .u.; Sedan 14 Appendix - Position Dssclplons "ofliei;.'(Rlease fit`pds`rTzartandrtzme7�->�;o;r.�'Y��a�,�'� er_'P,fers�litit�.posr5onaridaam�jti�s_.'-�r�,z�.?Y���Y�'.:i3� 7.FirfainIMP Coonti(iehira;I,�n'f':u?3acrie;S6.'Attd�^3�1aw Desalbe.p t x,, Tra hfng crs**4tm 4.i4;2 .• Dftierffifeasegistpositun D.ssa po7 itbn'(iirt�ort5 hares.: ...._7: . +.' t:::Trainlaq'Narieger.'tii$.'+h r) 1 :Tmb; Nanage J[to_ba25 here Kith' DeQi/tieP d•`ioi+f�ndais Desab=tn9tlan te/ncD"azs h�-e. _-...-:�'"�r ';=_-�._ �"r• :� v,� .. . SscLan 14 /p pordk- Poo lion R4.1p4oru APPENDIX 2 - BUDGET CLARIFICATION! (additional space, if needed) FYease use h're hd'rt•s below to clarify any items you wrrenY able to fit into the otherportionsof the narrati5� KMISLRATIYE(MA1tAGEMEKI' 13, Mt..3„4412AV4 z,, L' at : PPrsonne/Salan'e$ -ax Frin4e 6eneli0c . - ?...^.. ADMINI&TRAITVEIIKAN iGEMEFLI A.Z0ZgcgiFitlat E:P; t &b Suppler. Cont7actital ::' DMiNE4R"ATIVE dAHAGEMEKC � ?:-.sw_ V it,7 }Ai1MINSTRATWEAF.tWAGEMEhtTcc g214Sik +i i «X N.eg'sl g `i�y+:[i14it'` �74 41�°if4':_4,i�wk..l:'.'.j+ry y��'*�,.�rjt� Y 5 1 W -+h ..,,j , ,.i .L'1.-c ..-.d ,tt• 1b JJ'L5__r 4-ti�. Wyk"_ U�'y'IS4£ t'F -3,3q .. s� ..fi!a�J F d 1i 1ti4 .i a _4%v rot•. DirectChaiiiii lk Os ,.6_f L'u.,hlif_ffel,' gii,.-ViS] =r.,s. :._1:s 45.'Y1 isfT b ��f��wTM+ 4t3 it t1 i7 fknt14 44rr &cllon 15 Appendix 2 - Butlpe! Clarlflce5on 3. ,;1 - 17°"..u�z rr..7r_rsk.n �Equlp0en4 Fringe 6Cn .63 11' —?:2r Travel • Section ib Appendz 2 - Budget Clariftallon RAIRING'g �.'�i.; EQtJ MEMTi,^ - ,.`�.= 4•r3 ..,�...-�` i'erran'ne15alarres�'^ .-,_v_, � .5:• EQUIPMEt¢IWW4714U'a4 ` ; aja4 'a Swami T I 'Equipment . ,':8 .___ h:..e,�• er.Sr £QUIPMENZag?3vC,yi"2"!'ds6`W°`?'�, ; ; <i c..'µ' ; Sec& 16 Appond"a 2 - 8udgel Qadflalbn Seam 15 Appendix 2 - Budget Clarl6.11on RAGES:` kratrrfKANC gVM.a$„ 1*,',i° 90..a03(... i g PeisannelSalaiies. ,:i .I .. Tie✓e!••`.=+'i m'?,,.; w..,... _..nx Oher,;;:_'ur r'u:w.-ax•....vr' im �+'r_.3_ ._ r:.:�:j t$TORAgE taw ri ENANCE'v xCt J L6 e £V.,YB i • i _ t i^,rT- �• I _ T _ Y.S.. -.. Supplier i —: 't 2- h. Contiadval- -_ - 1E- C« ' L'""+' z�-i Y r .. ,._ - ,y TEh STORAGEEZNAINiErim cE,-.d.,r '�1,,, .f-... %�: M -i- tr, �F �, ytj ."5` �+Y eyxs "k ts. if rt ,i�,; �fk Ej^t- c.: "l Z+","t' :ak .�vFr� wC_�_ r .+. .. r-w +"tom "><IS'1•N.3r II,,, ,a.tn 3i`'S�F%i .�-r•r.,> rRS t r `'r' ^y ?N a IJ-+"F'd t uwyl.:::;h 'E -:K;ia L5 .: _ •i'� ?:: •IS'i.t' lkf Y�1..'SiFI'u...'T'. YI SGG e y1r4• I,T�e•�y^ `M1 4 � 17�"':,.�' ,�' lV ke'CS• �'•-'� NS 3,r-r�! .rol �. t r'�5.. ��. �r •LT�llkfl ,J_. �"Y:,�-�1� �..� .�`fydry � ltip�l� IA ). Seslbn 16 Appentllr 2 - 5t of Qorpbaaen DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1 Type of Federal Action: ' 2. Status of Federal Action: 3. Report Type: a. contract I la. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: Prime Subawardee Tier if known: Approved by OMB o+as-00e 5. If Reporting Entity In No. 4 Is a Subawardee, Enter Name and Address of Prime: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: J9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity if individual, fast name, first name, MI): b. Individuals Performing Services (including address if different from No. 10a ) (last name, first name, MI): (attach Continuation Sheet(s)SF-LLLA if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): $ ❑ actual 0 planned 0 a. retainer 0 b. one-time fee 12. Form of Payment (check all that apply): 0 c. commission 0 a. cash d. contingent fee 0 b. in -kind; specify. nature ❑ e. deferred value 0 f. ether, specify. 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), empfoyee(s), or Member(s) contacted, for Payment Indicated in Item 11: A.16 Z, 16y,N� (attach Continuation Shaet(s) SF-LLLA, tf necessary) 15. Continuation Sheet(s) SF-LLLA attached: ❑ Yes No 16 Inrmmauon requesbd trough his form b methodist! by Ms 31 U.S.C. section Signature: 1352. This ,bsdosrsa of bbbyhg soll.41his b a U®ledal reprasenlelion of tad rpm which reliance T s disclosure paced by the tier a pu when Ode 1 U.S. lal was made /7 J f 2, A /ram 7/ a erierad hie. TNa b rewired pursuers! b 31 U.S.0 1352. This Print Nam �dJE Ij bdmrnation se be n paled b the Conireee use -annually end wal be mallet& for / public brapmson lon. My parswho fads {o Ile the required disclosure man ba Title: /D/d 9 r-� ,-,,pc, 2l,s't/r9-CrCre Nrpn b a rare penalty or nal lass that SWAM end not more no $100 000 for red such failure.Telephone No.:?i 7 L $ i j ,�� �r ixnyQ 1" Date: Z/ A l/ t ddel . Fh `Fr 1'.r' 4 hie A ,r 4 xJ •'T' i w� it :fedeia rldse w ; S uy c�z sw t rss� Authorized for lomiIReproductiwl s ? a-` .�. .�rc.dtvff'u6EYkt'r.Lz,a ;+,a�j'P_�!-, Standard Form (1L (Rev. 7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subewardeeor prime Federal recipient at the initiation or reoslpl of a covered Federal eclion, ore materialdwenge to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make Payment to any tobbying entity for Influencing or attempting to Influence an officer or empbyeeof any agency, a Member of Congress, an officer or employee of Congress, or an employeeof a Mer berof Congress In connection with a covered Federal action. Use the SF-LLLA Continuation Sheet for additional information If the spew on the form Is Inadequate. Complete all Items that apply for both the tntiiai filing and material change report. Refer to the implementing guidance published by the OBioe or Management and Budget for additional Information. 1. Identify the type of covered Federal action for which lobbying activity 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. Identify the appropriate classification of this report. If this Is a fottowup report caused by a materiatchange to the Information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last prevbusty submitted report by this reporting entity for this covered Federal action. 4. Ent the full name, address, city, State and zip code of the reporting entity. Include Congressional District, K known. Cheri; the appropriate classification of the reporting entity that designates if His, or expects to be, a prime or subaward recipient identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subxntracts, subgrants and contract awards Under grants. 5. If the organization fling the report in item 4 checks 'Subawaniee,'then enter the full name, address, city, State and zip code of the prime Federal recipient Include Congressional District, if known. 0. Enter the name or the Federal agency making the award or ban commitment include at least one organizztionalievel belowagency name, If known. For example, Department of Transportation, United States Coast Guard. ' 7. Enter the Federal program name or description for the covered Federal action (item 1). if known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and ban commitments. 6. Enter the most appropriate Federal identifying number avatiable for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number; the contract, grant, or loan award number, the application/proposalcontrol number assigned by the Federal agency). Include prefixes, e.g., 'RFPDE-90-001.' 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardfioan commitment for the prime entity identified In item 4 or 5. • 10. (a) Enter the full name, address, city, State and zip code of the lobbyino entity engaged by the reporting entity identified In item 4 to influence the covered Federal action. (b) Enter the full name of the individuals) performing services, and include full address if different from 10 (a). Enter last Name, First Name, end Middle Initial (MI), 11. Enter the amountof compensation paid or reasonabtyexpected to be paid by the repotting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change repot, enter the cumulative amount of payment made or planned to be made. 12. Check the eppropriatehox(es).Citack all boxes that apply. If paymentls made through an in -kind contribution, specify the nature and value of the In -kind payment. 13. Check the appropriate box(es), Check all tuxes that applyother, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expeciedto perform, and the date(s) of any services rendered. Include all preparatory and related activity, not Just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted cat the officer(s), employee(s), or Members) of Congress that were contacted. 15. Check whether or not a SF-LLLA Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print hls/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless It displays a valid OMB Control Number. The valid OMB control number for this Information collection is OMB No. 0345-0046. Public reporting burden for this col/action of information is estimated to average 30 minutes per response, including lime for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and corrgrledng and reviewing the collection of Information. Send comments regarding the burden estimate or any other aspect of.thls collection off Information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0345-0046), Washington,) DC 2A5D3. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDG iT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. O1 8 Approval No. 4040-0007 Expiration Dale 04/30/2008 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden.for this collection of information Is estimated to average 15 minutes' per response, including time forreviewing Instructions, seerching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding the burden estimate or any other aspect of this collection of Information, Indudlna suggestions for reducing Ihls burden, to the Office of Management end Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. ET. SEND 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 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 snd the'Institutionel, 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 appllcation.• 2. Will give the awarding agency, the Comptroller General of the Untied States and, if appropriate, the Stale, through any authorized representative, access to and the right 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 fora 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. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for proprams 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. WIII comply with all Federal statutes relating to nondiscrimination. These Include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (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 1685-1585), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usabie Act 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 AG of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Ad 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) i ltie Vltl of the Civil Rights Act of 1968 (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 asslstance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition . Policies Act of 1970 (P.L. 91-646) 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. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded In whole or In part with Federal funds. Authorized for Local Reproduction Standard Form 424a (Rev. 7-67) Prescribed by 0M8 Circular A -lag 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a 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 AG (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagraements. 10. Wit! comply, if applicable, with flood insurence 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 S10,000 or more. 11• Will comply with environmental standards which may be prescribed pursuant to the following: (a) Institution of environmental quality control measures under the National Environmental PolicyAdt of 1969 (P.L. 91-190)and Executive Order (EO) 11514; (b) notification of violating fadlides pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplalns In accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 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 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Acl 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 Will comply with the Wild and Scenic Rivers Act of 1958 (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 Act of 1966, as amended (16 U.S.C. §470), E0 11593 (identification and protection 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 protection of human subjects Involved in research, development, and related activities supported by this award of assistance. 15. WIN 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 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 Organizations,' 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and polities governing this program. SIGNATURE OF AUTHOP.IZED CERTIFYING OFFICIAL Completed on submission to Granls.c • APPLICANT ORGANIZATION TITLE ; T c/ r17-LGiL,_21-1 *DATE SUBMITTED 3 // 7/z- d/ b Completed on submission to Grants.gov ndard Form 4248 (Rev. 7-87) Back South Florida Urban Search and Rescue Frcerpts from Strategic Plait (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 full time personnel: • .Program Manager: Establish division goals and objectives; coordinate all task force grant goats 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 organization. (Overtime reporting, time sheets, etc). Provides supervisory assistance to the Program Manager_ 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 time positions have been established within the Table of Organi7.P don: • 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 30 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 search 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 Iight, 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 of deployment. • Flood / 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 JANUARY 2010 U.S. DEPARTMENT OF HOMELAND SECURITY Title of Opportunity:97.025 National -Urban Search And Rescue•(US&R) Response System Funding Opportunity Number: TBD 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 11:59 PM ET, March 15, 2010. Additional overview information: N/A CONTENTS Contents 1 Part I. FUNDING OPPORTUNITY DESCRIPTION 2 Part II. AWARD INFORMATION 3 Part III. ELIGIBILITY INFORMATION 4 A. Eligible Applicants 4 B. Cost Sharing 4 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 6 Part V. APPLICATION REVIEW INFORMATION 7 A. Review Criteria 7 B. Review and Selection Process 7 C. Anticipated Announcement and Award Dates 7 Part VI. AWARD ADMINISTRATION INFORMATION 8 A. Notice of Award 8 B. Administrative and National Policy Requirements 8 C. Reporting Requirements 15 Part VII. FEMA CONTACTS 18 Part VIII. OTHER INFORMATION 20 1 PART I. FUNDING OPPORTUNITY DESCRIPTION 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 Sponsoring Agencies currently designated by FEMA as members of the National Urban Search 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) activities 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 (V.'MD) 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 II. 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 DHS 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 VI11 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 of2006, 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 Perfornrance 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 in 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 wit be made °Subject to the Availability" of FY 2010 Funds. 3 PART III. 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 ail levels of government, tribal nations, nongovernmental organizations, and private sector partners. to work 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 2010 US&R 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 not change 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" — qrants.qov, accessible on the Internet at http://www.grants.gov. tf you experience difficulties accessing information or have any questions please call the qrants.qov customer support hotline at (800) 518-4726. Application forms and instructions are available at grants.gov. To access these materials, go to http://www.drants_gov , 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" - www.arants.gov. Eligible grantees must apply for funding through this portal, accessible on the Internet at wvvw,grants.gov. The application must be completed and submitted using www.grants_govafter 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 The program title fisted in the Catalog of Federal Domestic Assistance (CFDA) is "National Urban Search and Rescue (US&R) Response System Cooperative Agreement Program". The CFDA number is 97.025. When completing the application, applicants should identify their submissions as new, non -construction applications. 1. Dun and Bradstreet Data Universal Numbering System (DUES) number. The applicant must provide a DUNS number with their application. This number is a required field within www.gran(s.govand 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 toll -free DUNS Number request fine 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 http://www.ccr.gov, as well as apply for funding through www. grants. qo v. C. Submission Dates and Times Completed applications must be submitted through grants.gov no Eater 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 govemment 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 Vlll, 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 drawdown until 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 Announcement and Award Dates FEMA will evaluate the applications upon receipt, and all the Cooperative Agreements will be awarded on or before May 01, 2010. Congressional Notification is required prior to FEMA issuing awards in excess of$IM. 7 PART VI. 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 recipiehts). 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. Follow 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 will be de - obligated at the end of the close-out period. 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. All extension requests must be submitted to FEMA at least 50 clays 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 timeframe 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 of the award, and the approved application. 8 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 DNS 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 Higher 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 Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) • 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) • 48 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, per 2 CFR Part 225, 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 law 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 48 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.00v/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. 2.1 — Advance Payment in accordance with Treasury regulations at 31CFR Part 205, the Recipient shall maintain procedures to minimize the time elapsing between the transfer of funds and the disbursement of said funds (See 44 CFR Part 13.21(i)) regarding payment of interest earned 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 DNS 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 documentation certifying that a reduction in non -Federal resources occurred for reasons 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 htto://vvww.niem.gov. 4.2 — Geospatial Guidance. Geospatial technologies capture, store, analyze, transmit, and/or display location -based information (Le., 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 http://www.fema.gov/qrants. 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, Criminal intelligence 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. While 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 l0 the release of information of this nature are made on a case -by -case basis by the FENIA 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 laws and regulations. Specifically, the grantee is required to provide assurances as a condition for receipt of Federal funds that its programs 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 IX 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 subject 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.G. 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 subject 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 DNS 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 Taws 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, recipients 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 http://www.ten.qoy. 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 at 44 CFR Part 18 and 6 CFR Part 9. (Refer to form included in application 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 to each 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 recipient may not be delinquent in the repayment 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 Safely Act of 1990. — In accordance with section 6 of the Hotel and Motel Fire SafelyAct of 1990, 15 U.S.C. §2225a, the recipient agrees to ensure that all 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, tomadoes, 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 Taws including: National Environmental Policy Act, 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 it will be done, grantees shall provide detailed information about the project (where applicable), including, but not limited to, the following: 13 • Project location (Le., 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, floodplains, geologic resources, threatened or endangered species, or National Register of Historic Places listed or eligible properties, etc. • Usual 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 will 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 all conditions placed on the,project as the result of the EHP review. Any change to the approved project description will 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 immediately cease construction in that area and notify theft FEMA Program Office, and the appropriate State Historic Preservation Office. Any projects that have been initiated prior to approval wit 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 http://ojp.usdol.gov/odp/docstnfo329.pdf. Additional information and resources can also be found at http://w4w.feme.gov/plan/ehp/ehp-applicant-help.shtm. 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 fora full explanation of these requirements). Any reports or documents 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. FFRs must 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 April 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 http:/fwww.gao.gov/govaud/ybk01.htm, and OMB CircularA-133, Auditsof States, Local Governments, and Non -Profit Organizations, located at http://www.Whitehouse.qov/omb/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 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 CircularA-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, timelines, milestone completion, budgets, and other related program criteria are being met. Programmatic monitoring may also include the Regional Federal Coordinators, when appropriate, to ensure consistency of project investments with Regional and 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 indude 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 have 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 unliquidaled 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. 17 PART VII. FEMA CONTACTS 1. Grant Programs Directorate (GPD). FEMA GPD's Grants Management Division will provide fiscal support, including pre- and post -award administration and technical assistance, to the grant programs included in this soliatation. Additional guidance and information can be obtained by contacting the FEMA Call Center at (866) 927-5646 or via e-mail to ASK-GMD(c?dhs.gov. 2. US&R Program Office. The Points of Contact from the US&R Program Office for Program Questions are: Catherine Deel: (202) 646-3796 Email: Catherine.deel(a�dhs.gov Marilynn Grim: (202) 646-4251 Email: Marilynn.grimAdhs.gov 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 Purchasing Program 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 IT Special Item Numbers) only. Cooperative Purchasing for these categories is authorized under Federal law by the Local Preparedness Acquisition Act (Public Law 110-248) and Section 211 of the E-Govemment Act of 2002 (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 athttpl/www.gsa.gov/cooperativepurchasinq. • Disaster Recovery Purchasing Program GSA plays a critical role in providing disaster recovery products and services to Federal agencies. Now State and Local Govemments 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 109-364) 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 Robert T. Stafford Disaster Relief and Emergency Assistance Act or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack. GSA provides additional information on the Disaster Recovery Purchasing Program website at h(1p://www.gsa.gov/disastenrecovery. State and local governments can find a list of contractors on GSA's website, htfp://www.gsaelibrary.gsa.qov, denoted with a Pinf or i Visymbol. Assistance is available from GSA on the Cooperative Purchasing and Disaster Purchasing Program at the local and national levels. For assistance at the local level, visit http.//www.gsa.gov/csd to find a local customer service director in your area. For assistance at the national level, contact Tricia Reed at tricia.reedPgsa.gov, (571) 259-9921. More information is available on all GSA State and local programs at: www.gsa.gov/stateandlocal. 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 PART Vlii. r� FEMA OTHER INFORMATION National Urban Search and Rescue Response System US&R Task Force FY2010 Readiness Cooperative Agreement 1. 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 of a 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. I1. 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 oven 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 (MCA) 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 DHS which integrates the Federal Response Plan into the NRF. NRP has since been updated in January 2308 and is now referred to as the National Response Framework (NRF). At this time, ESF-9 was expanded to include urban, water-bome, wide area, aerial, and land -based search and rescue. III. 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 and exercise 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 US&R 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 DHS/FEMA Administrator, or designee. 21 IV. APPROVALS Advance approval must be obtained in writing from both the US&R Program Office and the FEMA 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 (Le., 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 expenditures may be denied and required to be reimbursed to DHS/FEtv1A. Use of Cooperative Agreement funds provided through this agreement for any activity that occurs outside the United States and its territories, is prohibited unless authorized by the US&R Program Office FEMA Grants Office and FEMA International Affairs prior to incurring costs 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 Office, 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 (inducting 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 Agreement with FEMA, applicable DHS and FEMA policies, and US&R Program Directives. 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. The US&R Program Office recommended and/or required allocations are outlined in 22 Appendix A of this document. Additional funds allocated 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 B. 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. VII. DHSJFEMA/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. 4. Determine annual funding levels for readiness activities. 5. Purchase equipment and deliver to US&R Task Forces, based on need and available funding. 6. 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 deviations or budget revisions from those prescribed in this agreement or from other DHS/FEMA established policies. 8. Implement the policy, criteria and procedure for Task Force evaluations. Distribute an annual Task Force self -evaluation survey with a 90-day submission 23 suspense, on or about March 15i, 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-to-day activities. This staff shall be responsible for program management, grants management, financial management, administrative 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 1 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 1O% allowable staffing overage, to address attrition, 1ST members, etc. The Task Force shall pursue the goal to roster the minimum of 140 deployable personnel; two deep at each of the positions required for a Type I configuration. 24 4. The Task Force shall equip, train, and maintain CBRNE/Hazmat 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. 6. 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 asset(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 copy of the self - evaluation shall be submitted to the US&R Branch Chief by June 1, or as 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. 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 of 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 NIMS website provided they meet Federal NIMS standards. For further information on compliance and guidance, refer to the following website: http://www.fema.gov/errierciencv/nirnsrindex.shtm. 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 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 USSR Program Office. . B. TRAINING 26 1. Provide US&R-related or US&R-required training for Task Force personnel, including the delivery of local US&Rtraining. 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 Federa! 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 al! Task Force personnel are kept in a central, secure location. 5. 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 other 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 Circular A-102 and 2 CFR Part 215 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. Provide Microsoft (MS) 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 listed in the most current approved DHSIFEMA 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 documentation), unless prior approval is received by the US&R 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 IST 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 IST "B" and "C" cache. Cooperative Agreement regulations apply to these funds and shall not be transferred to a Participating Agency. 28 4. • -Ali 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 Part 215. 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 day -today operations of the Sponsoring or Participating Agency_ 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 return to an immediate state of readiness. 7. Task Forces are not authorized to purchase equipment with funds authorized through the DHS/FEMA Assistance to Firefighters Grant Program. 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. Title for the original cache, vehicles, and all equipment purchased under the Cooperative Agreements reside with the Task Forces (44 CFR Part 13). 9. Title 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 Federally -furnished equipment and all grant -purchased equipment with a single item value over $5,000 (in accordance with 44 CFR 13.32(e) and FEMA Manual 6150.1, 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. D. MAINTENANCE AND STORAGE Maintain an accountability of properfy acquired under Cooperative Agreement funding, distributed Federal property and acquired Federal Excess Property. Provide an annual report to DHS/FEMA on the status of Federal 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 44 CFR Part 13 or 2 CFR Part 215. 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/FEMA 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 Force, all 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 1s' (or when otherwise directed by the US&R Program Office). 2. Personnel and Equipment Database CD submittal: as identified in Section Vlll, 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 USSR 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 lst through December 31st) and the second by July 30th (covering the time period of January lst through June 301h) of each year until the Cooperative Agreement is closed. b. The Performance Report shall include Task Force accomplishments and the total budgeted, expenditures and balance for the Cooperative Agreernent 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 Reports 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) SMARTLINK 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 April30 • April 1 —June 30; Due July 30 • July 1 —September 30; Due October 30 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 agencies and grant recipients with a standard format and consistent reporting requirements throughout the government. 32 5. Financial and Compliance Audit Report. Recipients that expend $500,000 or more cf 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 httpllwww.gao.gov/gavaud/ybk09.htm, and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, located at http✓/www.whitehouse.qov/omb/gircufars/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 doseoutdocuments. 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 life 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 government -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 marketvalue 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 Supp►ies 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. 7. Audit Requirements: There are requirements and rights for audits pursuant to the Cooperative Agreement terms and conditions. AU grantees must follow the audit requirements of OMB circular A-133, Audits of States, Local Governments, and Non -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: tf 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 eamed 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 records pursuant to the grant conditions. Grant records should include a copy of the award document, grant agreement articles, ledgers, documentation of expenditures, documentation -copies 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 of all required actions, the submission of all required-iterns; and any appropriate financial adjustments and payments, FEMA 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 1. 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) 2. Personnel and Equipment Database CD: due June 15i 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/FEMA within 90 days after the Period .of Performance expires. 6. The Final Federal Financial Report (FFR), SF-425, due within 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 DHS/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. XI. PROCEDURE TO COMPLETE APPROVAL OF COOPERATIVE AGREEMENT 1. 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 signed and received by the Grants Management Branch deadlines. Please use the tracking number provided by overnight carrier to ensure timely delivery. Appendices: A Cooperative Agreement Funding — Recommended Allocations B Task Force Allocations and Budget Totals document C Administration Budget D List of Work Group Chairs E Summarized Spreadsheet of Deliverables F US&R Annual Activity Calendar 2010 36