HomeMy WebLinkAboutHSEMD-Grant Agreement-02.18.2008 Iowa Homeland Security and Emergency Management Division FFY2007 Grant Agreement
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GRANT AGREEMENT
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between
Iowa Homeland Security and Emergency Management Division (HSEMD)
and
City of Waterloo
GRANT NUMBER: FFX2007-LETPP-LEIN2-02
FEDERAL TAX ID NO: 42-6005327
CFDA#: 97.067
PROGRAM DESCRIPTION/SCOPE OF WORK
This Grant Agreement(AGREEMENT)is to provide the City of Waterloo (SUBGRANTEE)with
federal assistance from the Law Enforcement Terrorism Prevention Program(LETPP)in an amount
not to exceed $316,667. These funds are to assist the SUBGRANTEE in implementing the
approved scope of work for the Investment Area of Intelligence and Information Sharing described
in the Initial Strategy Implementation Plan(ISIP),by taking a regionalized approach within the
framework of the Law Enforcement Intelligence Network(LEIN) Region 2.
The SUBGRANTEE and its authorized representative (hereinafter referred to as the
AUTHORIZED REPRESENTATIVE) agree to provide this service in accordance with the
requirements set forth below.
AGREEMENTS
SUBGRANTEE Agrees To:
1. Perform the scope of work under the guidance of the LEIN Region Board. Any changes to the
scope of work or budget must be approved by HSEMD prior to executing the changes. The
scope of work must support the applicable goals and objectives included in the State Homeland
Security Strategy.
2. Comply with the approved budget included with the grant agreement. Budget line items must
be consistent with the approved Initial Strategy Implementation Plan and provided budget.
3. Follow prior approval requirements for budget revisions found in the 28 Code of Federal
Regulations (CFR),Part 66. All budget revisions require coordination with the LEIN Region
Board and must receive prior approval by HSEMD to ensure compliance with federal
guidelines.
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Iowa Homeland Security and Emergency Management Division FFY2007 Grant Agreement
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/resource.htm.
5. Submit copies of bid documents and contract documents to HSEMD prior to awarding of any
contracts. No contract will be accepted without HSEMD's review and approval.
6. Set up separate revenue and expenditure account codes for this grant. Revenues and expenses
must be verifiable for this AGREEMENT.
8. Submit source documents on a timely basis to HSEMD 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, payroll records applicable to time
spent on this grant, and general ledger activity reports.
9. Limit grant awards to eligible expenses deemed reasonable and necessary to complete the
agreed upon scope of work.
10. Maintain records of biannual financial and progress reports available to HSEMD for Bi-Annual
reporting within 5 days after the reporting period ends. Report periods run from January 1
through June 30 and July 1 through December 31. HSEMD will provide the required report
formats.
11. 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) #97.067)
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 HSEMD 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 perfoiuiance 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.
HSEMD agrees to:
1. Provide all appropriate Grant Agreement 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 HSEMD prior to awarding of any contracts.
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, Iowa Homeland Security and Emergency Management Division FFY2007 Grant Agreement
(2) Submittal of itemized invoices from contractors and copies of checks or other
supporting documentation to HSEMD 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
HSEMD immediately following the SUBGRANTEE's pay out of the funds.
(4) Submit requests in writing and accompanied by HSEMD'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 HSEMD and must be a part of
the SUBGRANTEE's scope of work and budget.
The request must be in writing and be accompanied by HSEMD's Request for
Disbursement Form and applicable supporting copies of the expenses that were incurred
and paid.
HSEMD will provide financial oversight and management in the role of GRANTEE based on the
grant guidance, the grant financial guide and other State and federal guidelines. The GRANTEE
will provide technical assistance and direction to the SUBGRANTEE on programmatic and
financial requirements. The GRANTEE will provide all appropriate documents and forms and
make payments to the SUBGRANTEE to complete the approved scope of work.
The Grantee is responsible for monitoring SUBGRANTEE activities to provide reasonable
assurance that the SUBGRANTEE administers federal awards in compliance with federal and
GRANTEE requirements. Responsibilities include the accounting of receipts and expenditures, cash
management, the maintaining of adequate financial records, and the refunding of expenditures that
are not eligible and allowable.
Additionally,the SUBGRANTEE will be monitored periodically by the GRANTEE to ensure that the
program goals, objectives,timelines,budgets, and other related program criteria are being met.
Monitoring will be accomplished through a combination of office-based and on-site monitoring visits.
Monitoring will involve the review and analysis of the financial,programmatic, and administrative
issues relative to each program, and will identify areas where technical assistance and other support
may be needed.
The SUBGRANTEE and the SUBGRANTEE's AUTHORIZED REPRESENTATIVE will execute
this Grant Agreement agreeing to provide all supervision, inspection, accounting, and other services
necessary to complete the scope of work for the Investments from inception to closeout with the
requirements set forth below.
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I. PERFORMANCE PERIOD
The approved performance period for this grant is from 10/12/2007 to 10/12/2009. All work must
be completed prior to the performance period ending. The SUBGRANTEE shall not incur costs or
obligate funds for any purpose pertaining to the operation of the project,program, or activities
beyond the expiration date of the period of performance.
If a time extension is needed it must be requested at least 90 days prior to the performance period
end date. All requests must be supported by adequate justification submitted to HSEMD 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.
II. AUTHORITIES AND REFERENCES.
The SUBGRANTEE will become familiar with and comply with the following Authorities and
References in the administration of this grant:
28 CFR Part 42 Nondiscrimination In Federally-Assisted Programs
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 Orgs
DHS Guidance FY2007 Homeland Security Grant Guidance
OGO Guidance Financial Management Guide (January 2006)
III. GRANT MANAGEMENT SYSTEM
To ensure that federal funds are awarded and expended appropriately,the SUBGRANTEE will
establish and maintain a grant management system. The standards for SUBGRANTEE
organizations stem from the Office of Management and Budget's (OMB)uniform administrative
requirements and cost principles. State, local and tribal organizations must follow the uniform
administrative requirements standards in OMB Circular A-102, and cost principle standards in
OMB Circular A-87. Allowable costs are also identified in the OGO Financial Management Guide,
and the FY 2007 Homeland Security Grant Program Guidance. These standards combined with the
audit standards provided within OMB Circular A-133,plus the requirements of the federal Cash
Management Improvement Act constitute the basis for all policies,processes and procedures set
forth in this grant management system for the SUBGRANTEE.
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Iowa Homeland Security and Emergency Management Division FFY2007 Grant Agreement
The SUBGRANTEE grant management system must include:
• internal controls based on the American Institute for Certified Public Accountant's (AICPA)
definitions and requirements in the government-wide administrative requirements and cost
principles
• a chart of accounts that includes a separate cost center, fund, or accounting codes for each
federal grant or program (i.e. LETPP, SHSGP, Citizen Corp)
• be in compliance with the Cash Management Improvement Act(CMIA), and good business
processes
• procedures to minimize federal cash on hand
• the ability to track expenditures on an accrual basis
• the ability to create SUBGRANTEE Budget Detail based on the SUBGRANTEE Budget
and approved scope of work
• the ability to track expenditures in both financial and program budgets
• procedures to document all grant-related expenditures,broken down by Program,
Investment and Solution Area
• procedures to ensure expenditures are eligible and allowable
• the ability to fulfill government-required financial reporting forms
IV. SUBGRANTEE BUDGET DETAIL
The SUBGRANTEE is required to develop a SUBGRANTEE Budget Detail that is based on the
approved SUBGRANTEE Budget and scope of work. This process will identify specific costs
within the appropriate solution areas. SUBGRANTEE Budget Detail development training can be
provided by HSEMD to the SUBGRANTEE.
V. 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 HSEMD, the SUBGRANTEE, and the AUTHORIZED REPRESENTATIVE.
VI. PROCUREMENT
This agreement requires that all procurement is executed by the SUBGRANTEE. Procurement
standards must be in accordance with the written adopted procedures of the SUBGRANTEE,
provided that the local procurement standards conform to applicable State and Federal law and the
standards identified in the 28 CFR, Part 66.36, and OGO 2007 Financial Management Guide
(Chapter 11 —Procurement). The SUBGRANTEE will ensure that every purchase order or other
contract includes any clauses required by Federal statutes and executive orders and their
implementing regulations. The SUBGRANTEE must submit copies of bid documents and contract
documents to HSEMD prior to awarding or executing contracts. No contract will be accepted
without HSEMD prior review and approval.
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Iowa Homeland Security and Emergency Management Division FFY2007 Grant Agreement
VII.AUDIT
SUBGRANTEE must comply with the audit requirements of the Single Audit Act Amendments of
1996 and the Office of Management and Budget (OMB) Circular A-133.
VIII. EQUIPMENT
Equipment purchased by the SUBGRANTEE is the property of the SUBGRANTEE or another
legal jurisdiction approved by the SUBGRANTEE in accordance with the scope of work and intent
of this agreement. The SUBGRANTEE must maintain a listing of all equipment acquired through
the execution of this agreement that includes the following: The owning jurisdiction,the equipment
description, the equipment value or purchase price,the equipment identification number, the
address location of the equipment. Costs associated with the issuance and transfer of title and
registration shall be the sole responsibility of the owning jurisdiction.
The SUBGRANTEE will ensure that all jurisdictions owning equipment procured by the
SUBGRANTEE under this agreement are informed of the disposition requirements of the federal
regulation and guidance for the programs included in this agreement. All jurisdictions owning
equipment through the execution of this agreement must certify to the SUBGRANTEE that they
have a control system in place to ensure adequate safeguards to prevent loss, damage, or theft of the
property.
Following notification to the SUBGRANTEE that the grant programs included in this agreement
have closed, items of equipment procured under this agreement with a current per unit fair market
value of less than$5,000 may be retained, sold or otherwise disposed of with no further obligation
to the awarding agency. However, items of equipment with a current per unit fair market value
greater than$5,000 must receive disposition instructions from HSEMD prior to any action taken by
the owning jurisdiction to transfer ownership, sell or dispose of the equipment.
IX. TERMINATION
Either the Sub-grantee or HSEMD may terminate grant award agreements by giving written notice to
the other party at least thirty(30)calendar days before the effective date of the termination. All notices
are to be transmitted via registered or certified mail,return receipt requested. The sub-grantee's
authority to incur new costs will be terminated upon receipt of the letter or the date set forth in the
notice. Any costs incurred up to the earlier of the date of the receipt of the notice or the date of
termination set forth in the notice will be negotiated for final payment.
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Iowa Homeland Security and Emergency Management Division FFY2007 Grant Agreement
X. OTHER TERMS AND CONDITIONS
WAIVERS
No conditions or provisions of this AGREEMENT can be waived unless approved by HSEMD,the
SUBGRANTEE, and the AUTHORIZED REPRESENTATIVE in writing. Unless otherwise stated
in writing,HSEMD'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.
COMPLIANCE, TERMINATION,AND OTHER REMEDIES
Unless otherwise stated in writing,HSEMD 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 HSEMD.
HSEMD 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 HSEMD, 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
HSEMD may enforce the terms of this AGREEMENT by any combination, or all remedies
available to HSEMD under this AGREEMENT, or under any other provision of law, common law,
or equity.
INDEMNIFICATION
It is understood and agreed by HSEMD, 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 HSEMD 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
costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of
HSEMD, the STATE of IOWA, or any of their authorized agents or employees.
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Iowa Homeland Security and Emergency Management Division FFY2007 Grant Agreement
The SUBGRANTEE and the AUTHORIZED REPRESENTATIVE further agree to defend
HSEMD, 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 HSEMD, the STATE of IOWA, or any of their authorized
agents or employees.
ACKNOWLEDGEMENTS
The SUBGRANTEE shall include in any public or private release of information regarding the
grant, language which acknowledges the funding contribution by HSEMD and Department of
Homeland Security.
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 HSEMD or the
STATE of IOWA. All references herein to the SUBGRANTEE and AUTHORIZED
REPRESENTATIVE shall include its officers, employees,board/council members, and agents.
HSEMD 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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Iowa Homeland Security and Emergency Management Division FFY2007 Grant Agreement
NOTICES AND COMMUNICATIONS BETWEEEN HSEMD AND SUBGRANTEE
All written notices and communications to the SUBGRANTEE by HSEMD shall be through:
Thomas J. Jennings
Chief of Police
715 Mulberry St
Waterloo IA 50703
All communications to HSEMD by the SUBGRANTEE shall be through:
Dennis T. Harper
Iowa Homeland Security and Emergency Management Division
7105 NW 70th Avenue
Camp Dodge, Bld W4
Johnston,IA 50131
Telephone Number 515-725-3277 Email Address: dennis.harper@iowa.gov
ENTIRE GRANT AGREEMENT
This AGREEMENT sets forth the entire AGREEMENT between HSEMD and the SUBGRANTEE
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 HSEMD 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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Iowa Homeland Security and Emergency Management Division FFY2007 Grant Agreement
IN WITNESS WHEREOF,HSEMD, 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:
David Sr iller Mayor
Administrator
/Of' oi -
Date Date
Waterloo Police Department:
P V c
AUTHO4ZED REP E
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Date
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TRANSMITTAL LETTERr
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® ROUTINE 7105 NW 70th Avenue
Camp Dodge, Bldg. W-4
❑ PRIORITY/IMMEDIATE Johnston, Iowa 50131-1824
RECEIPT CONFIRMATION REQUESTED VERIFICATION: (515) 725-3231
pi (please contact sender) Fax: (515) 725-3260
Confidentiality Notice: This transmission contains confidential information. If you are not the intended recipient,
you are hereby notified that any disclosure,copying,distribution or taking of any action in reliance on the contents
of this transmission is prohibited. If you received this transmission in error,please call our office immediately to
arrange for the return of the information.
FROM: Michelle Tjernstrom . cc/
DATE: 4/10/08
TO: COMPANY/AGENCY: City of Waterloo-LEIN 2
ADDRESS: 715 Mulberry St.
Waterloo, IA 50703
FAX/TELEPHONE#:
ATTENTION: Thomas Jennings
SUBJECT: LETPP 2007 Grant Agreement
Qty: Documents included in this transmittal: Special Instructions:
1 Signed original#FFY2007-LETPP-LEIN2-02 Please retain for your files
COMMENTS:
Transmittal Created: 4/10/2008 4:06 PM
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