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HomeMy WebLinkAboutIowa Homeland Security-Grant Agreement-12.11.2006 64144„ee.i.ze,p '//'aG -7 GRANT AGREEMENT between Iowa Homeland Security and Emergency Management Division (HLSEM) and City of Waterloo GRANT NUMBER: FY2006-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$366,305.50. These funds are to assist the SUBGRANTEE in implementing Intelligence and Information Sharing(known in Iowa as the Fusion Center Concept)by taking a regionalized approach within the framework of the Law Enforcement Intelligence Network(LEIN) Region 2. The scope of work will be consistent with Annex H of the State of Iowa Enhancement Plan and The Iowa Strategy for Homeland Security and Emergency Management. (An electronic copy is available on our website at www.iowahomelandsecurity.org under the Resource Room, Information Library.) The SUBGRANTEE and 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. 1 of 7 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 2002 Issue Dept.of H.S.,ODP Program Guidance for the LETPP Application Lead Agency Application and Assurances contained therein 2. 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 HLSEM prior to executing the changes. The scope of work must support the applicable goals and objectives included in the State Homeland Security Strategy. 3. 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. 4. 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 HLSEM to ensure compliance with federal guidelines. 5. 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.oip.usdoj.gov/resource.httn. 6. 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. 7. 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 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,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. 2 of 7 10. 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. 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)#97.074) 12. Comply with the performance period of this grant. The approved performance period is 8/31/2006 and will end 3/31/2008. All work must be completed, grant funds expended, and all federal, state and local requirements must be met prior to the performance period ending. 13. Request a time extension at least 60 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. 3 of 7 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. 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. 4 of 7 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 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. 5 of 7 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. 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. 6 of 7 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: David L. Miller Timothy J. Hu e Administrator Mayor Date Date Waterloo Police Department: AUTHORIZED REPRESENTATIVE Date 7 of 7 �+ i i v I