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2. Resolution 5416 - Grant Acceptance and Appropriation - Police DepartmentKALISPELL POLICE TELEPHONE 0 E-MAIL - KPDgKALISPELL-COM MEMORANDUM TO: Mayor Tarnmi Fisher and Kalispell City Council FROM: Roger Nasset, Chief of Police SUBJECT: Stonegarden Grant Program. Award MELTING DATE: February 16, 2010 BACKGROUND: The Kalispell Police Department, in conjunction with the US Border Patrol, the Montana Highway Patrol and the whitefish Police Department has been awarded a US Department of Homeland Security Operation Stonegarden Grant. Kalispell's portion of the grant award ($97,548) is to pay for operation overtime and benefits totaling $33,000, and equipment totaling $64,548. Operation Stonegarden will be conducted in Flathead County with the Kalispell Police Department, whitefish Police Department and Montana Highway Patrol assisting the US Border Patrol with its mission to deter, prevent or apprehend any subject or organization that would attempt to smuggle narcotics, illegal aliens, terrorists, or weapons of mass destruction into the United States through the Flathead County Border Corridor. The local agencies will be used as a "force multiplier" by the Border Patrol to enhance border security. FISCAL IMPACT: None, expenses are 100% federally funded. RECOMMENDATION: The City of Kalispell accept the Stonegarden Grant. Respectfully submitted, kogert&asset, Chief of Police :bane Howington, City Manager ROGER NASSET, CHIEF OF POLICE ROGER KRAUSS, AssISTANT CHIEF OFF POLICE is / 1 :. / • A: WHEREAS, on September 8, 2009, the City Council adopted Resolution 5389 adopting the annual appropriations of the City of Kalispell for fiscal year 2009-2010; and WHEREAS, on January 12, 2010, the City of Kalispell was informed that it was a recipient of a grant award from. the Department of Homeland Security in the amount of up to $97,548 to pay for operation overtime and benefits totaling $33,000 and equipment totaling $64,548; and WHEREAS, said funds available to the City were not appropriated pursuant to Section 7-6- 4271, and an increase of appropriation authority is needed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IALIS PELL AS FOLLOWS: SECTION I. That the City Council hereby accepts the Department of Homeland Security Operation Stonegarden Grant in the amount of up to $97,548. SECTION II. That the City Council hereby appropriates up to the sure of $97,548 and directs the Finance Director to allocate said amount. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE C:TJ'Y OF KA.LIS PELL, 'PHIS 16TH DAY OF FEB RUAR.Y, 2010. Tammi Fisher Mayor ATTEST. - Theresa White City Clerk LAM gf-�, D'A I LW OF iviONTANA (406) 841-3911 1956 Alt Majo street, PO Box 4789 Fort Harrison, MT 59636-4789 January 12, 2010 Roger Nasset, Chief of Police Kalispell Police Department 3 12 1 't .Ave East Kalispell ACT 59901 Dear Roger, This is the formal award of your 100% federally funded FY09 US Department of Homeland Security Operation Stonegarden Grant Program. (OPSG) in the amount up to $97,548. The award is based on the approved FY09 Operation Stonegarden Operations Order 09-- SPWvHF-01-001 version I dated November 9, 2009 for operation overtime and benefits totaling $33,000 and equipment totaling $64,548, attached. Indirect costs are not allowed. Only direct costs for the listed activities are allowable. The grant period is October 1, 2009 to December 31, 2011. All activities must be completed by December 31, 2011. Only the items listed in the approved FY09 Operation Stonegarden. Operations Order budget, attached, are eligible for reimbursement. Non --approved expenditures will not be reimbursed. Any changes to the approved FY09 Operation Stonegarden Operations Order must be approved by Customs and Border Patrol and FEMA and an amended award letter issued from ACT Disaster and Emergency Services prior to performing these activities or expending any funds. Procurement and contracting must follow all State procurement and contracting laws, policies and procedures. When practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the US Department of Homeland Security." Labels are attached. All requests for reimbursements are recommended to be submitted on a monthly basis, reimbursement farm attached. All requests for reimbursements must be submitted by January 30, 2012. Requests for reimbursement received after January 30, 2012 will not be reimbursed. Requests for reimbursement must include a detailed account report for Operation Stonegarden monthly expenditures such as expenditure report with details, detailed post by account or budget detail report by org. Please notify your finance office that the CPDA number is 97.067, Homeland Security grant Program, and the grant number is 2009-SJ-T9--0002. Sincerely, Sheri Lanz MT Disaster &Emergency Services cc. Pile Copy * * * Please return one copy of this award letter, with live signatures, within 30 days after receipt to the attention of Sheri Lanz at the address listed on the letterhead. A signed copy must be on file in. the MTDES office before expenditures for this grant period can be reimbursed.. I certify that I understand and agree to comply with the general and fiscal provisions of this grant award including the assurances and certifications; are fully National Incident Management System (NIMS) compliant; to comply with provisions of the regulations governing these funds and all other federal and state laws; that all information presented is correct; that there has been appropriate coordination with affected agencies; that I am duly authorized by the Applicant to perform the tasks of Project Director as they relate to the requirements of this grant award; and, that the receipt of these grant funds through the Grantee will not supplant state or local funds. Signature Date U.S. Department of Homeland Security Bureau of Customs and Border Protection Drag order Report Op order Name: FY 2009 OPSG SIT Flathead County Op order Number: 09-SPWWHF-01-001 version 1 Op Dates: From: 01/10/09 To: 31/12/11 Report Date: -11 /9/2009 Executive Summary Operation Stonegarden is a Category 2 Operation, which will be conducted in Spokane Sector beginning 10/01/2009 and continuing until 12/31/2011. This operation will be conducted. In Flathead County within Northwest Montana. The operation will include the Kalispell Police Department, whitefish Police Department, and the Montana Highway Patrol. All three Agencies are located in Flathead County and are located within the whitefish Border Patrol Station's area of responsibility. Each agency w�11 receive equipment, and overtime funding as o�ztlined in Section Iv of this Operations order. This equipment will be used to augment and assist the United States Border Patrol, Spokane Sector, and whitefish Station with its nm*ssion on the United States Northern Border to Deter, prevent, or apprehend any subject or organization that would attempt to smuggle narcotics, illegal aliens, terrorists, or weapons of mass destruction into the United States through the Flathead County Border Corridor. Each agency will perform non-nal_ enforcement and patrol duties within the proximity of the United States/Canadian border, and be utilized as a "force multiplier" by the Border Patrol to enhance border Security 'in the border Corridor that is shared with the whitefish Border Patrol Station. As a participant in Stonegarden, each agency will perform additional routine patrols and enforcement duties to assist the Department of Homeland Security, Spokane Sector, Whitefish Station in the prevention, detection, and deterring of any illegal activity or criminal organizations in the smuggling of narcotics, humans or weapons of mass destruction into the United States. Routine patrols will prevent entry from these organizations through patrolling the routes of egress and transportation hubs within the whitefish Stations area of responsibility. r. SITUATION A. General Situation: The agencies participating in this operation are the Kalispell Police Department, whitefish Police Department, and the Montana Highway Patrol, which are all agencies within the WUtefish Border Patrol Station, Spokane Sector area of operation. All three agencies are currently involved in working together within the same border corridor. B. Terrain/Weather: Flathead County is located in Northwest Montana. During the summer months, the days are mild and the evenings can get quite cold. During the winter there are several feet of snowfall with the temperatures ranging in sub -zero temperatures at extended days at a time. The terrain is mountainous and rugged with few maintained routes of egress. Most routes are only accessible by way of cross-country routes and need all - terrain vehicles to gain access. C. Criminal Element. In addition to cross -border ground traffic, Flathead County has been targeted by several smugglers using privately owned aircraft. Intelligence indicates that the smugglers are making illegal entries with contraband through the use of these aircraft. Upon illegal entry, smugglers commonly use remote border areas as drop zones with the United States. D. Friendly Forces: Kalispell Police Department Whitefish Police Department Montana Highway Patrol 11, MISSION The mission intent is to work together with these three agencies to mininl*ze or stop any illegal cross -border activity that may impact this Northwest Montana Community, which is located within the Whitefish Station area of responsibility. M. EXECUTION A. Management/Supervisor Intent: It is the intent of the Chief Patrol Agent, Spokane Sector, United States Border Patrol to increase the line of defense with border security in direct coordination with State, and Local Law Enforcement Agencies under the provisions of Operation Stonegarden. The primary function of Stonegarden will be to deter or prevent access in the smuggling routes or illegal activity by cru* nm* al organizations. This will be accomplished through blocking and deterring access to the transportation hubs or routes of egress within the whitefish Stations area of responsibility. The local agencies will also in special operations upon. gaining Intel of known smugglers contraband drop zones within the border com' dor. Montana State Lave within each agency's jurisdiction will be used and enforced during the operation. B. General Concept: The three agencies involved will provide enhanced presence in the border corridor area through the use of Stonegarden funds consisting of over -time, equipment and training. Each agency will perform normal patrol duties indigenous to their agency mission, while at the same time performing additional enforcement duties or "force, multiplier" to the Homeland Security mission. All agencies will also participate in j oint enforcement activities, such as special operations in known contraband drop zones, with the- whitefish Border Patrol Station. C. Specific Responsibilities: Kalispell Police Department, whitefish Police Department, and the Montana Highway will perforn later enforcement activities commensurate with their agencies specific mission and j urisdiction. No additional enforcement authority is granted or implied by participation in Operation Stonegarden. D. Coordinating Instructions: All operations will be coordinated through the Patrol Agent in Charge of the Whitefish Border Patrol Station. David J. Abegglen PAIC 1295 West Highway 93 Whitefish, Montana (406)862-2561 (406)862-2599 fax (406) 270-5951 cell david.abegglen@dhs.gov Iv. ADMIMSTRATID /ILDGISTICS A. Cost Estimates/Funding Issues: See attached 2009 Operation Stonegarden Budget Detail worksheet for more in- depth data. i}Operational overtime $99,055.82 2)Fringe Benefits- $6,873.28 3)New Equipment-$106,548.00 4)Fuel & Maintenances- $9,646.04 Cost Estimates. General Cost: $1233067.32 OT Cost: $99,055-82 Total Cost: $222,123.14 D. Travel: Travel by individual agency service vehicle or by Border Patrol during ride along. C. Lodging,: No lodging is anticipated/subject to change. D. Reception of Detailed Personnel: Reception of all participating state and local personnel will be briefed by the PAIL/WHF. E. Uniform and Equipment: Agents and officers will perform daily duties conformed with their agencies standards. F. Special Equipment: Purpose: 1) Radios to improve communications between. agencies. Current commumcations are inadequate and outdated. 2) The Thermal imaging equipment requested- to prevent and detect illegal activity at the border or special operations in known contraband drop zones within the border corridor. 3) Tactical equipment is requested to protect and remove Officers, Agents, or civilians from dangerous situations or special operations details M' border areas or known drop zones. 4) various equipment is requested to use in tactical border situations. 5) UTv needed, due to the remoteness of smuggling contraband drop zones in the wilderness areas. Highway Patrol Request: . 5 XTS 5000 portable Radio@ $5,000=$25,000 10 Snowmobile helmets@ $150.00= $1,500.00 Montana Highway Patrol Total= 26, 5 0o . o0 no Kalispell Police Department Request. 1-Remote Unattended Cellular Dialer @ $3995.00 Groundhog MiniCam Surveillance @ $7,695.00 AN/PVS-14 Monocular Night Vision @ $5,432 ea. X 9- $48,888.00 Sigma Hard Armor Plate Level III @ $199.00 ea. X 10= $11,990.00 Theta Hard Armor Plate Level IIIA @ $99.00 ea. X 20= $1,980.00 Kalispell Police Department Total= $64,548.00 Whitefish Police Department Request: 1 Utility vehicle(TJTV) @ $15,500.00 Whitefish Police Department Total= $15,500.00 Accumulative Totals for equipment for M.H.P/K.P.D/W.P.D = $106,548.00 G. Alien Processing: Any alien Processing will be done by the whitefish Border Patrol Agents. H. Medical: Medical emergencies will be handled by the KalisPeU Regional Medical Center. 1. Detention/Transportation: Detention will be arranged. by SBPA John. Menn.ell. J. vehicles: Agencies will use their owm assigned vehicle. v. COMMAND/CONTROL/COMMUNICATION A. Chain of Command: h Chief Patrol Agent Deputy Chief Patrol Agent Assistant Chief Patrol Agent. B. Unit Command: Patrol Agent in Charge Supervisory Border Patrol Agent C. Communication Details: Current radio communications between agencies are non-esistant, due to the radios being outdated and inadequate. Radio communications at this time are non -- encrypted through numerous mountain repeaters to Spokane Sector Radio Communications/dispatch. D. Map Coordinates: Dotes: SPW/ WEF Zones 50-55 Longitude Latitude Degrees : Minutes: Seconds 1.14 : 28 : 28 49 : 0 : 0 Decimal 114.474444 49 Location Zone: Zone 50-55 ANNEX A. Administration Annex: B. Execution .Annex: Whitefish Station and the Spokane Intelligence Unit will document intelligence via FIRS and other means. New trends to include new methods, entry points, known contraband drop zones and high activity hours/days of the week will be documented by all agencies included in Operation Stonegarden. All intelligence encountered will be reviewed and addressed. Flathead County Amex - A. operational overtime= $99,055.82 Overtime funding is requested for two different types of operations and 3 different agencies. 8 1) Uniformed mobile patrols in close proximity to the border or ride along with Border Patrol Agent utilizing marked patrol vehicles in 10- I 1 hour shifts. 2) Specialized patrols, when Intel identifies specific targets, time transferred from mobile patrol operations as needed. -Highway Patrol overtime total= $61,837.58 -Kalispell Police Department overtime total= $30,468.24 -whitefish Police Department overtime total= $6,750.00 B. Fringe Benefits= $6,873.28 Benefits for SRS, FICA, Workman's Compensation, and Unemployment Compensation paid on overtime wages a approximately 6.8065% C. New Equipment-- $106,548.00 1) Radios requested are to improve Interoperability between all agencies. Current radio communications are inadequate and outdated. 2) Imaging equipment will also be use in special operations upon gaining Intel on contraband drop zones within the border corridor. 3) Tactical equipment is requested to protect and remove officers, Agents, or civilians from dangerous situations and in special operations upon gaining Intel concerning contraband drop zones within the border corridor. 4) various equipment is requested to use M* tactical border situations. 5) Transportation needed, due to remoteness of smuggling contraband into remote border areas. Montana Highway Patrol Items: 5-XTS 5000 portable radio@ $5,000= $25,000.00 10- Snowmobile helmets@a $150.00= $1,500.00 Total. Highway Patrol= $26,500.00 Kalispell Police Department Items: 1-Remote Unattended Cellular Dialer @ $3995.00 I -Groundhog Mini -Cara. Surveillance @7a $7,695.00 AN/PVS-14 Monocular Fight vision @ $5,432 ea. X 9- $48,888.00 Sigma Hard Armor Plate Level III @ $199.00 ea. X 10= $1,990.00 Theta Hard Armor Plate Level IIIA @ $99.00 ea. X 20= $1,980.00 Kalispell Police Department Total= $64,548.00 Whitefish Police Department Items: 1 Utility vehicle (TJTV) @ $15,500.00 Whitefish Police Department Total= $15,500.00 D. Maintenance and Fuel= $9,646.04 Total Highway Patrol= @ $0.55 per mile= $9,646.04 -TOTAL ESTIMATED COST OF GENERAL EXPENSES .AND OVERT= $222, 123-14 C. Communication Annex: Media Action Flan: All expected media contact will be routed through the Spokane Sector PIO, Supervisory Border patrol Agent Danielle Suarez Legal Review: Each participating State and local law enforcement agency will be briefed by the Patrol Agent in Charge of the NNUtelsh Station. PAIL will ensure that all participants are aware that no additional authority is granted by participation in operation. Stonegarden. Risks: No risks have been associated with this op order. Photos: No photos have been associated with this op order. 10 Grams Assurances and Certifications Assurances The sub -grantee hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including the current edition of the Office of Grant Operations Financial Management Guide, € NM Circulars No. A-21, A-102, A-110, A-122, A-12 8, A-87; E.O. 123 72 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. The sub -grantee must comply with FEMA's codified regulation 44CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and 2CFR. Part 225 State and Local Governments. The sub -grantee must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. Also the sub -grantee assures and certifies that: Programmatic I . It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information may be required. 2. It will comply with all requirements imposed by the Federal and State sponsoring agency concerning special requirements of law, program requirements, and other adm istrative requirements. a. All sub -grantees must be fully National Incident Management System (NMS) compliant. Future Homeland Security grant funds are contingent on NIMS compliance. h. All sub --grantees are required to modify their existing incident management and emergency operations plans in accordance with the National Response Framework's coordinating structures, processes, and protocols. c. The sub -grantee agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the US Department of Homeland Security." c. The sub -grantee agrees to cooperate with any national or state assessments, evaluation efforts, quality assurance, or information or data collection requests, including, but not Iimited to, the provisions of any ,information required for the assessment or evaluation of any activities within this project. e. All sub -grantees are required by FEMA's National Preparedness Directorate (NPD) to use the Global Justice Data Model specifications and guidelines regarding the use of XM L for all homeland security grant awards. f. All sub -grantees must fully engage citizens by expanding plans and committee memberships to address citizen participation; awareness and outreach to inform and engage the public; include citizens in training and exercise; and develop or expand programs that integrate citizen/volunteer support for emergency responder disciplines. g. The sub -grantee agrees that all publications created with funding under this grant shall prominently contain the following statement: "This Document was prepared under a grant from FEMA's Grant Program Directorate (GPD), US Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessary represent the official position or policies of GPD or the US Department of Homeland Security." h. Travel costs must be consistent with the sub -grantee's policies and procedures and roust be applied uniformly to all activities of the sub -grantee. II i. Funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Counoil Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Center Planning Tool. 3. The sub -grantee agrees that federal funds under this award will be used to supplement, not to supplant, state or local funds or other resources that would otherwise have been made available for this program. (see Financial Guide, Chapter 3, for explanation). 4. Any mutually agreed upon changes to this sub -grantee roust be approved, in writing, by DES prior to implementation or obligation and shall be incorporated in written amendments to this grant. This procedure for changes to the approved sub --grantee is not limited to budgetary changes, but also includes changes of substance in project activities and changes in the project director or key professional personnel identified in the approved application. 5. Any reports, information, data, etc., given to, or prepared or assembled by the sub -grantee under this grant (which DES requests to be kept confidential) shall not be made available to any individual or organization by the sub -grantee without prior written approval of DES. 6. This grant and funding may be suspended, in whole or in part, and/or terminated where DES finds a substantial failure to comply with the provisions of the legislation governing these funds or regulations promulgated, including those grant conditions or other obligations established by DES. In the event the sub -grantee fails to perform the services described herein and has previously received financial assistance from DES, the sub -grantee shall reimburse DES the full amount of the payments made. However, if the services described herein are partially performed, and the sub -grantee has previously received financial assistance, the sub -grantee shall proportionally reimburse DES for payments made. DES may suspend, in whole or in part, and/or. terminate funding for or impose another sanction on a sub - grantee for any of the following reasons: a. Failure to comply substantially with the requirements or statutory objectives of the 2003 omnibus Appropriations Act issued or other provisions of Federal Law. b. Failure to adhere to the requirements, standard conditions or special conditions. c. Proposing or implementing substantial program changes to the extent that, if originally submitted, the application would not have been approved for funding. d. Failure to submit reports. e. Filing a false certification in this application or other report or document. f. other good cause shown. 7. The sub -grantee agrees to comply with the requirements of OMB Circular A-133 and .Audits of States, Focal Governments, and lion -Profit organizations, as described in the current edition of the OR Financial Guide, Chapter 19. Further, all records, books, papers, or documents with respect to all matters covered by this grant shall be made available for audit and inspection by The State of Montana and/or any of its duly authorized representatives. If required, the audit report must specifically cite that the report wasdone in accordance with ONM Circular A-133. if a compliance audit is not required, a written certification must be provided at the end of each audit period stating that the sub -grantee has not expended the amount of federal funds that would require a compliance audit. S. Sub -grantee's accounting procedures must provide for accurate and tu' nely recording of receipt of funds by source of expenditures made from such funds and unexpended balances. These records must contain information pertaining to grant awards, obligations, unobligated balances, assets, liabilities, expenditures and program income. Controls must be established which are adequate to ensure that expenditures charged to the sub --grant activities are for allowable purposes. Additionally, effective control and accountability must be maintained for all grant cash, real and personal property and other assets. 12 Accounting records must be supported by such source documentation as cancelled checks, paid bills, payrolls, tune and attendance records, contract documents, grant award documents, etc. 9. The financial responsibility of sub -grantees must be such that the sub -grantee can properly discharge the public trust which accompanies the authority to expend public funds. Adequate accounting systems should meet the following criteria: a. Accounting records should provide information needed to adequately identify the receipt of funds under each grant awarded and the expenditure of funds for each grant; b. Entries in accounting records should refer to subsidiary records and/or documentation which support the entry and which can be readily located; c. The accounting system should provide accurate and current financial reporting information; €. The accounting system should be integrated with an adequate system of internal controls to safeguard the funds and assets covered, check the accuracy and reliability of accounting data, promote operational efficiency and encourage adherence to prescribed management policies. 10. Retention of Records - In accordance with, the requirements set forth in 28 CFR Parts 66 and 70, all financial records, supporting documents, statistical records, and all other records pertinent to award shall be retained by each organization for AT LEAST TBREE YEARS following the closure of their most recent audit report. Retention is required for purposes of Federal examination and audit. Records may be retained in an automated format. a. Coverage - the retention requirement extends to books or original entry, source documents supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, cancelled .checks, and related documents and records. Source documents include copies of all awards, applications, and required recipient financial and narrative reports. Personnel and payroll records shall include the time and attendance reports for all .individuals reimbursed under the award, whether they are employed full-time or part -tune. Time and effort reports are also required for consultants. b. Retention Period - the three-year retention period starts from the date of the submission of the closure of the single audit report, which covers the grant period. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later. 11. Maintenance of Records - Recipients of funds are expected to see that records of different Federal fiscal periods are separately id10ntified and maintained so that information desired may be readily located. Recipients are also obligated to protect records adequately against fire or other damage. when records are stored away form the recipient's principal office, a written index of the location of records stored should be on hand and ready access should be assured. 12. Access to Records - The awarding agency includes the funding agency, the Federal agency, the DOJ and DHS Office of the Inspector General, the Comptroller General of the United States, or any of their authorized representatives, who shall have the right of access to any pertinent books, documents, papers, or other records of recipients which are pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The right of access trust not be limited to the required retention period but shall last as long as the records are retained. 13. Equipment acquired under an award shall be managed to ensure that the equipment is used under the specific purposes of the grant. a. Title to equipment acquired under an award or sub -award will vest upon acquisition in the recipient or sub - recipient subject to the obligations and conditions set forth in 2$ CFR Part 66. b. A State shall use equipment acquired under an award by the State in accordance with State laws and procedures. The awarding agency encourages the States to follow the procedures set forth in this Guide. Other government recipients and sub --recipients shall use equipment in accordance with the following requirements: 13 1) Equipment must be used by the recipient or sub -recipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. when no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a Federal agency. 2) The recipient or sub --recipient shah also make equipment available for use on other projects or programs currently or previously supported by the Federal government, providing such use does not interfere with the work on the projects or programs for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. User fees shall be considered and treated as program income to the project, if appropriate. 3) Notwithstanding program income, the recipient or sub -recipient shall not use equipment acquired with funds to provide services for a fee to compete unfairly with private companies that provide equivalent services, unless specifically pernnitted or contemplated by Federal statute. 4) when acquiring replacement equipment, recipients or sub -recipients may use the equipment to be replaced as a trade-in or sell the equipment and use the proceeds to offset the cost of the replacement equipment, subject to the written approval of the awarding agency. c. A State shall manage equipment acquired under an award to the Mate in accordance with State laws and procedures. Other government recipient and sub -recipient procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: 1) Property records must be maintained which include: description of the property; serial number or other identification number; source of the property; identification of title holder; acquisition date; cost of the property; percentage of Federal participation ha the cost of the property; location of the property: use and condition of the property; and disposition date, including the date of disposal and sale price. 2) A. physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3) A control system must exist to ensure adequate safeguards to prevent: loss; damage; or theft of the property. The recipient and sub -recipient, as appropriate, shall investigate any loss, damage, or theft. 4) Adequate maintenance procedures must exist to keep the property in good condition. 5) If the recipient or sub -recipient is authorized or -required to sell the property, proper sales procedures must be established to ensure the highest possible return.. c. A State recipient shall dispose of its equipment acquired under an award to the State in accordance with State laws and procedures. Other government recipients and sub -recipients shall dispose of the equipment when original or replacement equipment acquired under the award or sub -award is no longer needed for the original project or program, or for other activities currently or previously supported by a Federal agency. Disposition of the equipment will be made as follows: 1) Items with a current per unit fair market value of less that $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the awarding agency. Z) Items with a, current per unit fair market value in excess of $5,000 may be retained or sold, and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. Seller is also eligible for sale costs. 3) In cases where a recipient or sub -recipient fails to take appropriate disposition actions, the awarding agency may direct the recipient or sub -recipient to take other disposition actions. 14. The sub -grantee or a contractor paid through this grant is free to copyright any books, publications or other copyrightable materials developed in the course `of or under this grant. However the federal awarding agency and/or state funding agency (DES) reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use; and authorize others to use, for federal or state government purposes: (a) the copyright in any work developed under an award or sub -award; and (b) any rights of copyright to which a recipient or sub - recipient purchases ownership with Federal support. The federal government's and. DES's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation 14 of these rights. DES and GPD must be notified 'regarding the allocation of any patent rights that are from, or are purchased with this funding. DES ad GPD roust be notified prior to starting the process for copyrighting. 15. Any television public service announcement: that is produced or funding in whole or part by any agency or instrumentality of the federal government shall include closed captioning of the verbal content of such announcement. 16. Recipient shall comply with all applicable Federal, State and local environmental and historic preservation (EHP) requirements and shall provide any information requested by FEMA. to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation .Act, Endangered Species Act, and Executive Orders on Floodplains (11988), wetlands (11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EI,P requirements and obtain applicable permits may jeopardize Federal funding. Recipient shall not undertake any project have the potential to impact EHP resources without the prior approval of FENA, including but not limited to communications towers, physical security enhancement, new construction, and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EB.' requirements. If ground disturbance activities occur- during project implementation, the recipient roust ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify DES and FEMA and the appropriate State Historic Preservation office. Organizational 1. the sub -grantee understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modifications, or adoption of any law, regulation or policy, at any level of government. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local -unit of government whose principal employment is in connection with an activity, financed in whole or it part by Federal grants. {5 USC 1501, et seq.} Done of the funds, materials, property or services provided directly or indirectly under this contract shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the `Hatch 'Act." 3. Personnel and other officials connected with this grant shall adhere to the requirements given below: a. Advice: No official or employee of a state or unit of local government or of non. -government grantees/sub-grantees shall participate personally through decision, approval, disapproval., recommendation, the -rendering of advice, mestigation, or otherwise in any proceeding, application, request for a ruling or other deterrm* ation, contract, grant, cooperative agreement, claim, controversy, or other particular matter in which these f-anos are used, where to his knowledge he or his u',nmediate family, partners, organization other than a public agency in which he is serving as officer, director, trustee, partner, or employee or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest. b. Appearance: In the use of these grant funds, officials or employees of state or local units of government and non -governmental grantees/sub-grantees shall avoid any action which might result in, or create the appearance of the following: 1 ) Using his or her official position for private gam; 2) Giving preferential treatment to any person; 3) Losing complete independence or impartiality; 4) Making an official decision outside official channels; and/or 5) .Adversely affecting the confidence of the public in the integrity of the government or the program. 15 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91--646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 5. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the State and Federal grantor agency of the receipt of any communication from the Director of the EPA. Off -ice of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.. 6. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 7. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 'CSC 470), Executive order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a--1 et seq.) by (a) consulting with the State Historic Preservation officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the rational Register of,Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) corhplying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 8. It will comply, and assure the compliance of all its sub -grantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 9. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems operating Policies; Part 30, Intergovenunental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal_ laws or regulations applicable to Federal Assistance Programs. 10. It will comply, and all its contractors will comply, with the non-discrimination requirements of the onmibus Crime Control and Safe Streets Act of 1968, as a vended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrhnination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR. Part 3 5 and Part 3 9. 11. No person shall on the grounds of race, creed, color or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under subgrants awarded pursuant to the Act governing these funds or any project, program, activity or subgrant supported by such requirements of Title VI of the Civil Rights Act of 1964, and all applicable requirements pursuant to the regulations of the Department of Commerce (Title 15, code of Federal Regulations, Part 8, which have been adopted by the Federal Funding Agency); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Labor Regulation 41 CFR Part 60; and the Department of Justice Non-discrimination Regulations 28 CFR fart 42, Subparts C, D, E and G. The sub --grantee must therefore ensure it has a current Equal Employment Opportunity Program (EEOP) which meets the requirements of 28 CFR 42.3 01. The Sub -grantee further agrees to post in a conspicuous place, available to all employees and applicants for employment, notices setting forth the provisions of the EEOP, as supplemented in Department of Labor Regulations 41 CFR Part 60. The Sub -grantee assures that in the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin or sex against a recipient of funds, the recipient will immediately forward a copy of the findings to DES who will, in turn, will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs and Department of Homeland Security. 12. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 1% 1982 (16 USC 3501 et seq.), which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 13. The sub -grantee must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. 14. To the extent that recipients of a grant use contractors or subcontractors, such recipients shall use small, minority, women -owned or disadvantaged business concerns and contractors or subcontractors to the extent possible. 15. All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (Handicapped). Therefore, the federal funds recipient pursuant to the requirements of the Rehabilitation Act of 1973 hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap, be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The recipient agrees it will ensure that requirements of the Rehabilitation Act of 1913 shall be included in the agreements with and be binding on all of its sub - grantees, contractors, subcontractors, assignees or successors. 16. when implementing GPD-funded activities, the recipient roust comply with all federal civil rights laws, to include Title VI,.of the Civil Rights Act, as amended. The recipient is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting GPI -funded activities. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements Applicants should refer tea the regulations cited below to determffie the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of the application and/or award form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR part 67, "Government -wide Debarment and Suspension (Non --procurement) and Government - wide Requirements for Drug-- Free workplace (Grants).' The certifications shall be treated as a material 17 representation of fact upon which reliance will be placed when the Department of Homeland Security and DES determines to award the covered transaction, grant, or cooperative agreement. .. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and implemented. at 28 CFR Fart 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR. Part 69, the applicant certifies that: a. No Federal appropriated funds have been 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the makimg of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; c. The undersigned shall require that the language of this certification be included M* the award documents for all sub -awards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. 2. Debarment, Suspension, and other Responsibility Matters (Direct Recipient) As required by Bxecutiv�b Order 12549, Debarment and Suspension, and implemented at 28 CFR. fart 67, for prospective participahts i.n primary covered transactions, as defined at 2 8 CFR fart 67, Section 67.510 A. The applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within athree-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a cru* ninal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification.; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant i' unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug -Free workplace As required by the Drug -Free workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR fart 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug -free workplace by: 1S a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. h. Establishing an on -going drug -free awareness program to inform employees about: 1 ) The dangers of drug abuse in the workplace. 2) The grantee's policy of maintaining a drug -free workplace. 3) Any available drug counseling, rehabilitation, and employee assistance programs. 4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a. d. Notifying the employee �n the statement required by paragraph a that, as a condition of employment under the grant, the employee will: 1 ) abide by the terms of the statement. 2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph d.2 from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, office of Justice Programs, AT`TN: Control Desk, 633 Indiana avenue, N.w., Washington, D.C. 20531.. Notice shall include the identification number(s) of each affected grant. L Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph d.2, with respect to any employee who is so convicted: 1 ) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended. 2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. g. Making a good faith effort to continue to maintain a drug --free workplace through implementation of paragraphs a, b, c, d, e, and f. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certification. 19