HomeMy WebLinkAboutHomeland Security and Emergency Management Division - Grant Agreement - FY2005-LETPP-LEIN2-02 - 12/5/2005 GRANT AGREEMENT
between
Iowa Homeland Security and Emergency Management Division (HLSEM)
and
City of Waterloo
GRANT NUMBER: FY2005-LETPP-LEIN2-02
FEDERAL TAX ID NO: 42-6005327
SCOPE OF WORK
This Grant Agreement(AGREEMENT)is to provide City of Waterloo (SUBGRANTEE)with
federal assistance from the Law Enforcement Terrorism Prevention Program(LETPP)in an amount not to
exceed$667,590.00. These funds are to assist the SUBGRANTEE in implementing intelligence and
information sharing(known as the Fusion Center Concept)by taking a regionalized approach as the lead
agency on behalf of the Law Enforcement Intelligence Network(LEIN)Region 2 in accordance with the
Iowa Homeland Security Strategy that has been made a part of this AGREEMENT and as a requirement for
accepting this award. (An electronic copy is available on our website at www.iowahomelandsecuritv.orS
under the Resource Room,Information Library.) $349,386.00 will be utilized directly by the
SUBGRANTEE in accordance with the scope of work referenced in paragraph 2 of this AGREEMENT. The
remaining$318,204.00 shall be retained by HLSEM pursuant to the request of the SUBGRANTEE to
purchase services to assist the SUBGRANTEE with implementing the Fusion Center Concept on behalf of
LEIN Region 2. ,
'Ilio SUBGRANTEE anu its authorized representative as named in the SUBGRANTEE'S
application (hereinafter referred to as the AUTHORIZED REPRESENTATIVE) agree to provide
this service in accordance with the requirements set forth below.
AGREEMENTS
The SUBGRANTEE and the AUTHORIZED REPRESENTATIVE agree to:
Provide all supervision, inspection, accounting, and other services necessary to complete the
aforementioned scope of work from inception to closeout.
The SUBGRANTEE will pass appropriate resolutions to assure HLSEM that all
procurement procedures have been complied with and all contracts have been verified and approved
by HLSEM prior to any work commencing.
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1. Comply with the following general provisions:
28 CFR Part 42 Nondiscrimination In Federally-Assisted Programs(FEMA)
28 CFR Part 66 Uniform administrative requirements for grants and cooperative agreements to
state and local governments
28 CFR Part 67 Government-wide debarment and suspension(non-procurement)and
government wide requirements for drug-free workplace(grants)
28 CFR Part 69 New restrictions on lobbying
OMB Circular A-102 Uniform Administrative Requirements for grants and Cooperative Agreements
with State and Local Governments
OMB Circular A-87 Cost Principles for State and Local Governments
OMB Circular A-133 Audits of States,Local Governments,and Non-Profit Organizations
Office of Justice Programs Office of the Comptroller,Financial Guide 2005 Issue
Dept.of H.S.,ODP 2005 Program Guidance for the LETPP
2. Perform the agreed upon scope of work. Any changes to the scope of work must be approved
by HLSEM prior to executing the changes. Scope of work must support the applicable goals
and objectives included in the State Homeland Security Strategy.
3. Comply with the approved budget. Follow prior approval requirements for budget revisions
found in the 28 Code of Federal Regulations (CFR), Part 66. All budget revisions require prior
approval by HLSEM to ensure compliance with federal guidelines.
4. Perform the procurement process for all procuring activities in accordance with the 28 CFR,
Part 66, and the SUBGRANTEE's process. Procurement procedures can be downloaded at
http://www.ojp.usdoj.gov/resou,rce.htm.
5. Submit copies of bid documents and contract documents to HLSEM prior to awarding of any
contracts. No contract will be accepted without HLSEM's review and approval.
6. Set up separate account codes for this grant. Revenues and expenses must be verifiable for this
AGREEMENT.
7. Submit source documents on a timely basis to HLSEM as verification of how the awarded
federal funds for allowable project costs are expended. Source documents may include, but are
not limited to,vendor invoices,personnel activity reports to substantiate payroll records
applicable to time spent on this grant, and general ledger activity reports.
8. Limit grant awards to eligible expenses deemed reasonable and necessary to complete the
agreed upon scope of work.
9. Submit biannual financial and progress reports to HLSEM within 5 days after the reporting
period ends. Report periods run from January 1 through June 30 and July 1 through December
31. HLSEM will provide the required report formats.
10. Comply with the audit requirements of the Single Audit Act Amendments of 1996 and the
Office of Management and Budget (OMB) Circular A-133.
(Reference: Catalog of Federal Disaster Assistance (CFDA) 497.074)
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11. Comply with the performance period of this grant. The approved performance period is
5/13/2005 and will end 3/31/2007. All work must be completed, grant funds expended, and all
federal, state and local requirements must be met prior to the performance period ending.
12. Request a time extension at least 90 days prior to the performance period end date if one is
needed. No time extensions will be automatically granted. All requests must be supported by
adequate justification submitted to HLSEM in order to be processed. This justification is a
written explanation of the reason or reasons for the delay; an outline of remaining funds
available to support the extended performance period; and a description of performance
measures necessary to complete the project. Without the justification, extension requests will
not be processed. Extensions will not be granted if the SUBGRANTEE has any overdue
performance reports.
HLSEM agrees to:
1. Provide all appropriate contractual documents and forms.
2. Make progress or reimbursement payments to the SUBGRANTEE to complete the approved
scope of work. Two options are available to the SUBGRANTEE:
A. Disbursal of Funds. The SUBGRANTEE can be paid in advance if the cost has been
incurred and billed, provided the SUBGRANTEE demonstrates the willingness and ability
to maintain the following procedures:
(1) Approval of bid specs and contracts by.HLSEM prior to awarding of any contracts.
(2) Submittal of itemized invoices from contractors and copies of checks or other
supporting documentation to HLSEM on a timely basis.
(3) No more than thirty(30) days shall elapse between the date of receipt of a warrant
and pay out of the funds by the SUBGRANTEE. Justification must be submitted to
HLSEM immediately following the SUBGRANTEE's pay out of the funds.
The request must be in writing and be accompanied by HLSEM's Request for
Disbursement Form. The written request must include an itemized cost breakdown of
the use of the requested funds.
B. Reimbursement of Funds. The SUBGRANTEE can be reimbursed based on actual
allowable expenditures. Actual costs must be approved by HLSEM and must be a part of
the SUBGRANTEE's scope of work and budget.
The request must be in writing and be accompanied by HLSEM's Request for
Disbursement Form and applicable supporting copies of the expenses that were incurred
and paid.
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WAIVERS
No conditions or provisions of this AGREEMENT can be waived unless approved by
HLSEM, the SUBGRANTEE, and the AUTHORIZED REPRESENTATIVE in writing. Unless
otherwise stated in writing,HLSEM's failure to insist upon strict performance of any provision of
this AGREEMENT, or to exercise any right based upon a breach, shall not constitute a waiver of
any right or obligation specified under this AGREEMENT.
AMENDMENTS AND MODIFICATIONS
This AGREEMENT may be amended or modified in reference to the grant funds provided,
administrative procedures, or any other necessary matter,but not to take effect until approved, in
writing, by HLSEM, the SUBGRANTEE, and the AUTHORIZED REPRESENTATIVE.
COMPLIANCE,TERMINATION,AND OTHER REMEDIES
Unless otherwise stated in writing,HLSEM requires strict compliance by the
SUBGRANTEE and the AUTHORIZED REPRESENTATIVE with the terms of this
AGREEMENT, and the requirements of any applicable local, State and Federal statute, rules,
regulations; particularly those included in the Assurances in the Planning Application which were
submitted to HLSEM.
HLSEM may suspend or terminate any obligation to provide funding to the SUBGRANTEE
and demand return of any unused grant funds in the possession of the SUBGRANTEE, if the
SUBGRANTEE and/or AUTHORIZED REPRESENTATIVE following notice from HLSEM, fail
to meet any obligations under this AGREEMENT or fail to make satisfactory progress towards
administration or completion of said Plans.
The SUBGRANTEE and the AUTHORIZED REPRESENTATIVE understand and agree
that HLSEM may enforce the terms of this AGREEMENT by any combination, or all remedies
available to HLSEM under this AGREEMENT, or under any other provision of law, common law,
or equity.
INDEMNIFICATION
It is understood and agreed by HLSEM, the SUBGRANTEE, and the AUTHORIZED
REPRESENTATIVE that this AGREEMENT is solely for the benefit of the parties to the GRANT
and gives no right to any other party. No joint venture or partnership is formed as a result of this
AGREEMENT.
The SUBGRANTEE and AUTHORIZED REPRESENTATIVE on behalf of themselves and
their successors and assigns, agrees to protect, save, and hold harmless HLSEM and the STATE of
IOWA, and their authorized agents and employees, from all claims, actions, costs, damages, or
expenses of any nature whatsoever by reason of the negligent acts, errors, or omissions of the
SUBGRANTEE, AUTHORIZED REPRESENTATIVE, their contractors, subcontractors, assigns,
agents, licensees, arising out of or in connection with any acts or activities authorized by this
AGREEMENT. The SUBGRANTEE's and AUTHORIZED REPRESENTATIVE's obligations to
protect, save, and hold harmless as herein provided shall not extend to claims or causes of action for
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costs, damages,or expenses caused by or resulting from the negligent acts, errors, or omissions of
HLSEM,the STATE of IOWA, or any of their authorized agents or employees.
The SUBGRANTEE and the AUTHORIZED REPRESENTATIVE further agree to defend
HLSEM, the STATE of IOWA, and their authorized agents and employees against any claim or
cause of action, or to pay reasonable attorney's fees incurred in the defense of any such claim or
cause of action, as to which the SUBGRANTEE and the AUTHORIZED REPRESENTATIVE are
required to protect, save, or hold harmless said parties pursuant to paragraph 2 of this part. The
SUBGRANTEE's and AUTHORIZED REPRESENTATIVE's obligations to defend, or to pay
attorney's fees for the defense of such claims or causes of action as herein provided, shall not
extend to claims or causes of action for costs, damages, or expenses caused by or resulting from the
negligent acts, errors, or omissions of HLSEM, the STATE of IOWA, or any of their authorized
agents or employees.
ACKNOWLEDGEMENTS
The SUBGRANTEE and the AUTHORIZED REPRESENTATIVE shall include in any
public or private release of information regarding the planning, language which acknowledges the
funding contribution by HLSEM and FEMA.
INDEPENDENT CONTRACTOR STATUS OF APPLICANT
The SUBGRANTEE, AUTHORIZED REPRESENTATIVE,their officers, employees,
agents and board/council members shall all perform their obligations under this AGREEMENT as
an independent contractor and not in any manner as officers, employees or agents of HLSEM or the
STATE of IOWA. All references herein to the SUBGRANTEE and AUTHORIZED
REPRESENTATIVE shall include its officers, employees,board/council members, and agents.
HLSEM shall not withhold on behalf of any such officer, employee,board/council member, or
agent, or pay on behalf of any such person, any payroll taxes, insurance, or deductions of any kind
from the funds paid to the SUBGRANTEE for administrative purposes.
GOVERNING LAW,VENUE AND SEVERABILITY
This AGREEMENT shall be governed by the laws of Iowa and venue for any legal action
hereunder shall be in the Polk County District Court of Iowa. If any provision under this
AGREEMENT or its application to any person or circumstances is held invalid by any court of
rightful jurisdiction, said invalidity does not affect other provisions of this AGREEMENT which
can be given effect without the invalid provision.
NOTICES
The SUBGRANTEE and the AUTHORIZED REPRESENTATIVE shall comply with all
public notices or notices to individuals as required by applicable State and Federal laws, rules, and
regulations and shall maintain a record of such compliance.
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RESPONSIBILITY FOR PLANNING
While HLSEM undertakes to provide technical assistance to the SUBGRANTEE and the
AUTHORIZED REPRESENTATIVE in the administration of developing/completing said Plans,
said Plans remain the sole responsibility of the SUBGRANTEE in accomplishing grant objectives
and goals. HLSEM undertakes no responsibility to the SUBGRANTEE and the AUTHORIZED
REPRESENTATIVE, or any third party, other than what is expressly set out in this AGREEMENT.
NOTICES AND COMMUNICATIONS BETWEEEN HLSEM AND SUBGRANTEE
All written notices and communications to the SUBGRANTEE by HLSEM shall be through:
Thomas J. Jennings
Chief of Police
Waterloo Police Department
715 Mulberry St
Waterloo IA 50703
All written communications to HLSEM by the SUBGRANTEE shall be through:
David L. Miller
Administrator
Iowa Homeland Security and Emergency Management Division
Hoover State Office Building
Des Moines, IA 50319-0113
ENTIRE GRANT AGREEMENT
This AGREEMENT sets forth the entire AGREEMENT between HLSEM,the
SUBGRANTEE, and the AUTHORIZED REPRESENTATIVE,with respect to the subject matter
hereof. Commitments, warranties, representations and understandings or agreements not contained,
or referred to, herein or amendment thereto shall not be binding on either HLSEM or the
SUBGRANTEE. Except as may be expressly provided herein,no alteration of any of the terms or
conditions of this AGREEMENT will be effective without written consent of both parties.
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IN WITNESS WHEREOF,HLSEM, the SUBGRANTEE, and the AUTHORIZED
REPRESENTATIVE have executed this AGREEMENT by the signatures of authorized persons of
the entities and on the date indicated below:
Iowa Homeland Security and City of Waterloo:
Emergency
-/Management Division:
Davi iller Timothy J. H
Administrator Mayor
5 - 05
Date Date
Waterloo Police Department:
AUTHORIZED REP SENT IVE
Date
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`0
Fields of Opportunities STATE OF IOWA
THOMAS 1.VILSACK DEPARTMENT OF PUBLIC DEFENSE
GOVERNOR IOWA HOMELAND SECURITY AND
EMERGENCY MANAGEMENT DIVISION
SALLY J.PEDERSON DAVID L.MILLER,ADMINISTRATOR
LT.GOVERNOR MAJOR GENERAL RON DARDIS,
HOMELAND SECURITY ADVISOR TO THE GOVERNOR
December 13,2005
Thomas J. Jennings
Chief of Police
Waterloo Police Department
715 Mulberry St
Waterloo IA 50703
SUBJECT: FY 2005 Law Enforcement Terrorism Prevention Program(LETPP)—Obligation of Funds
Legal Entity: City of Waterloo
Authorized Agency: Waterloo Police Department
Grant Number: FY2005-LETPP-LEIN2-02
Dear Chief Jennings:
Please find enclosed one original of the executed Grant Agreement.
Just a reminder,the performance period shall be 12/1/2005 through 3/31/2007. Allowable costs are in
accordance with the approved LEIN Region 2 scope of work that is spelled out in the
Administration/Implementation Plan and budget as described in the budget detail worksheet. Scope of
work and budget changes require prior approval from the Iowa Homeland Security and Emergency
Management Division(HLSEM) as discussed on page 2 of the Agreement.
All allocations and use of funds under this LETPP grant must support the goals and objectives included
in the Iowa Homeland Security Strategy.The required Initial Strategy Implementation Spending Plan and
Biannual Strategy Implementation Reports shall demonstrate how the expenditure of grant funds are
supporting the Strategy's goals and objectives.
The Department of Homeland Security(DHS)Office for Domestic Preparedness(ODP)Preparedness
Officers may periodically monitor grant recipients to ensure that LETPP funding is applied in accordance
with approved implementation plans and reports. If funds are not being used in accordance with these
plans and reports,ODP may prohibit further obligation,expenditure, and drawdown of funds until the
grant recipient is compliant with LETPP requirements.
HOOVER STATE OFFICE BUILDING/ LEVEL / DES MOINES, IOWA 50319-0113/515-281-3231
WWW.IOWAH OM ELAN DSEC U R ITY.ORG
Thomas J. Jennings
December 13,2005
Page Two
The following are again being provided for the applicable authorities and references:
➢ Iowa Homeland Security Strategy,(Goal 3 for the intelligence and information sharing)
➢ CFDA 97.004,
htti)://12.46.245.173/1)ls/i)orta]30/!CATALOG.AGY PROGRAM LIST RPT.show
➢ 28 Code of Federal Regulations(CFR), Part 66(Uniform Administrative Requirements for
Grants to States),htti)://www.access.gpo.vov/nara/cfr/waisidx 03/28efr66 03.htm1
➢ Office of Management and Budget(OMB) Circular A-87(cost principles for grants to state and
local governments)and OMB Circular A-133(audits),
bttp://vvww.whitehouse.gov/omb/circulars/index.btml
➢ Of ce for Justice Programs OC Financial Guide,http://www.ojlusdoi.gov/FinGuide/
➢ DHS-ODP Program Guidance,http://www.ojp.usdoj.gov/docs/fv04hsgp.pd
➢ Public Law 108-090(Department of Homeland Security Appropriations Act 2004)
In the meantime, for Fusion Center implementation questions,please contact Dennis Harper at
515-281-3231 or dennis.harper@hlsem.state.ia.us. For grants management questions,please contact
me at 515-281-8850 or at theresa.enright@Lhlsem.state.ia.us.
Sinc ely, -
Theres
Grants Fisca Specialist
TJE
Enclosure