The URL can be used to link to this page

Home My WebLink About10-28-19 City Commission Packet Materials - C6. Award Document with MTDES for Hazmat Team Sustainment Project for Bozeman Fire Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Josh Waldo, Fire Chief Andrea Surratt, City Manager SUBJECT: Authorize Mayor to accept a Montana Department of Homeland Security grant for the Bozeman Fire Department MEETING DATE: October 28, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize Mayor to accept grant award. BACKGROUND: On March 25, 2019 the Fire Department notified Commission of its intent to apply for a Montana Department of Homeland Security grant in the amount of $20,000 after obtaining approval from the City Manager per administrative order 2014-01. On September 12, 2019 the Fire Department was notified that their grant request was being awarded. In accordance with administrative order 2014-01 the City Commission must authorize the acceptance of this grant by the City as it exceeds $20,000. The grant award is for $40,000, as the State Department of Homeland Security is allocating $20,000 for both FY-20 and FY-21 as part of this grant. There are no matching funds required for this grant. These funds are for the annual support of the Fire Department’s regional hazardous materials team. ALTERNATIVES: As suggested by the City Commission FISCAL EFFECTS: None at this time. Attachments: Grant Routing Form Report compiled on: Oct 1, 2019 126 1 State Homeland Security Program (SHSP) FY 19 Award Letter Cyndy Andrus Bozeman Fire Department 34 North Rouse Bozeman, MT 59715 Mayor Andrus, Congratulations, on behalf of Montana Disaster and Emergency Services (MT DES), the application for financial assistance submitted under the Fiscal Year (FY) 2019 State Homeland Security Program, Hazmat Team Sustainment project, has been approved in the amount of $40,000.00. Bozeman Fire Department is not required to match this award with any amount of non-Federal funds. Before Bozeman Fire Department requests and receives any of the Federal funds awarded, acceptance of the award must be established. By accepting this award, Bozeman Fire Department acknowledges that the terms of the following documents are incorporated into the terms of this award:  Agreement Articles (attached to this Award Letter)  Nationwide Cybersecurity Review Requirement  Obligating Document for Award (attached to this Award Letter)  FY 19 Homeland Security Grant Program Notice of Funding Opportunity Per the Notice of Funding Opportunity (NOFO), all sub-recipients are required to complete the Nationwide Cybersecurity Review, see Agreement Article XLVII. MT DES will provide more guidance upon release from DHS. Please make sure you read, understand, and maintain a copy of these documents in the official file for this award. In order to establish acceptance of the award and its terms, please complete, sign and return the Obligating Document for Award to your MT DES Grant Coordinator. For additional assistance, please contact your MT DES Grant Coordinator. Delila Bruno Administrator Montana Disaster and Emergency Services CC Scott Sanders Award Letter 127 2 AGREEMENT ARTICLES State Homeland Security Program SUB-RECIPIENT: Bozeman Fire Department PROGRAM: State Homeland Security Program STATE GRANT NUMBER: 19HSBZMNHAZ TABLE OF CONTENTS Article I Summary Description of Award Article II Acceptance of Post Award Changes Article III Prior Approval for Modification of Approved Budget Article IV Disposition of Equipment Acquired Under the Federal Award Article V Assurances, Administrative Requirements, Cost Principles, Representation and Certifications Article VI DHS Specific Acknowledgements and Assurances Article VII Acknowledgement of Federal Funding from DHS Article VIII Activities Conducted Abroad Article IX Age Discrimination Act of 1975 Article X Americans with Disabilities Act of 1990 Article XI Best Practices for Collection and Use of Personally Identifiable Information (PII) Article XII Civil Rights Act of 1964 - Title VI Article XIII Civil Rights Act of 1968 Article XIV Copyright Agreement Articles 128 3 Article XV Debarment and Suspension Article XVI Drug-Free Workplace Regulations Article XVII Duplication of Benefits Article XVIII Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Article XIX Energy Policy and Conservation Act Article XX False Claims Act and Program Fraud Civil Remedies Article XXI Federal Debt Status Article XXII Federal Leadership on Reducing Text Messaging while Driving Article XXIII Fly America Act of 1974 Article XXIV Hotel and Motel Fire Safety Act of 1990 Article XXV Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article XXVI Lobbying Prohibitions Article XXVII National Environmental Policy Act Article XXVIII Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article XXIX Non-Supplanting Requirement Article XXX Notice of Funding Opportunity Requirements Article XXXI Patents and Intellectual Property Rights Article XXXII Procurement of Recovered Materials Article XXXIII Rehabilitation Act of 1973 Article XXXIV Reporting of Matters Related to Recipient Integrity and Performance Article XXXV Reporting Subawards and Executive Compensation 129 4 Article XXXVI SAFECOM Article XXXVII Terrorist Financing Article XXXVIII Trafficking Victims Protection Act of 2000 Article XXXIX Universal Identifier and System for Award Management Article XL USA Patriot Act of 2001 Article XLI Use of DHS Seal, Logo and Flags Article XLII Whistleblower Protection Act Article XLIII Environmental Planning and Historic Preservation Article XLIV MT DES Specific Acknowledgements and Assurances Article XLV Accruals Article XLVI Authorized Representative Article XLVII Nationwide Cybersecurity Review Article I - Summary Description of Award The purpose of the FY 2019 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community Article II - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions. Article III - Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. Section 200.308. DHS/FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. Section 200.308(e) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the Federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you 130 5 submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article IV - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Article V - Assurances, Administrative Requirements, Cost Principles, Representation and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non-Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. Article VI - DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. Recipients are required to provide this information once every two (2) years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are only required to submit updates every two years, not every time a grant is awarded. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. Article VII - Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article VIII - Activities Conducted Abroad 131 6 Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article IX - Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article X - Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101-12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article XI - Best Practices for Collection and Use of Personally Identifiable Information (PII) Recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article XII - Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article XIII - Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units- i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground- floor units in buildings without elevators)- be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article XIV - Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article XV - Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. 132 7 Article XVI - Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106). Article XVII - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XVIII - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92- 318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 Article XIX - Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94- 163 (1975) (codified as amended at 42 U.S.C. section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XX - False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729-3733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. sections 3801-3812, which details the administrative remedies for false claims and statements made.) Article XXI - Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XXII - Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article XXIII - Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. section 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article XXIV - Hotel and Motel Fire Safety Act of 1990 133 8 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, codified as amended at 15 U.S.C. section 2225. Article XXV - Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-department- supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article XXVI - Lobbying Prohibitions Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt 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 any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XXVII - National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91- 190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXVIII - Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article XXIX - Non-Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XXX - Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XXXI - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. 134 9 Article XXXII - Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XXXIII - Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (1973) (codified as amended at 29 U.S.C. section 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article XXXIV - Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated h ere by reference in the award terms and conditions. Article XXXV - Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXVI - SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article XXXVII - Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article XXXVIII - Trafficking Victims Protection Act of 2000 Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. Section 7104. The award term is located at 2 C.F.R. Section 175.15, the full text of which is incorporated here by reference. Article XXXIX - Universal Identifier and System for Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article XL - USA Patriot Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 135 10 18 U.S.C. sections 175-175c. Article XLI - Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XLII - Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310. Article XLIII - Environmental Planning and Historic Preservation DHS/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA's EHP screening form and instructions, go to the DHS/FEMA website at: https:// www.fema.gov/media-library/assets/documents/90195. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. Article XLIV - MT DES Specific Acknowledgements and Assurances Sub-recipients must acknowledge and agree to comply with applicable provisions governing MT DES access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipients must cooperate with any compliance reviews or compliance investigations conducted by MT DES. 2. Sub-recipients must give MT DES access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by MT DES regulations and other applicable laws or program guidance. 3. Sub-recipients must submit timely, complete, and accurate reports to the appropriate MT DES officials and maintain appropriate backup documentation to support the reports. 4. Sub-recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. The State of Montana shall not be liable for any reimbursement amount greater than the award amount available to each sub-recipient. 6. Failure of the sub-recipient to accomplish SHSP objectives may result in the reduction or withholding of funds, or other action, as determined by MT DES. 136 11 The State of Montana has the right to seek judicial enforcement of these obligations. Article XLV - Accruals As established within Montana Operations Manual Policy, accrual documentation is required of all sub- recipients by the Montana Department of Administration, State Financial Services Division, and must be submitted to MT DES no later than the second week of June, or as instructed by MT DES. Article XLVI – Authorized Representative As evidenced by the signatures found in the Letter of Obligation, the Sub-Recipient Signatory Official agrees to appoint the Sub-Recipient Authorized Representative to act on behalf of Bozeman Fire Department. This individual shall be duly authorized with all necessary powers with regard to the administration and oversight of the 2019 State Homeland Security Program grant, 19HSBZMNHAZ. The Catalog of Federal Domestic Assistance (CFDA) number associated with this grant is 97.067. Article XLVII - Nationwide Cybersecurity Review Recipients and subrecipients of FY 2019 grant awards will be required to complete the 2019 Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The Chief Information Officer (CIO), Chief Information Security Officer (CISO), or equivalent for each recipient and subrecipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. The 2019 NCSR will be open from October – December 2019. 137 12 REQUIRED NATIONWIDE CYBERSECURITY REVIEW (NCSR) Per the FY19 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO), recipients and sub‐recipients for the FY19 State Homeland Security Program (SHSP) award are required to complete the 2019 Nationwide Cybersecurity Review (NCSR) between October 1, 2019 ‐ December 31, 2019. As part of this effort, the attached materials are being provided to increase awareness and understanding of this new requirement, as well as support for registration and completion of the NCSR. The attached contains the following materials: 1. Instructions – Guide on how to register for the NCSR and report completion. 2. NCSR One Page Overview – Where to register, benefits of completion, and resources for support including a link to register for the upcoming 9/20 NCSR webinar. 3. NCSR General User Guide – Step‐by‐step instructions on how to register for the NCSR, track progress and completion, and utilize the results reports. 4. NCSR Frequently Asked Questions – Answers to common questions about the NCSR such as requirements, logistics, and privacy. 5. Exporting the NCSR Completion Certification – A documented process on how to access and export the 2019 NCSR Completion Certification, for an end user to communicate with their SAA or UASI POC. If you have any questions related to the attached materials, administrative/technical questions about the NCSR, please contact the Multi‐State Information Sharing and Analysis Center (MS‐ISAC) at ncsr@clsecurity.org. 138 13 139 14 140 15 141 16 142 17 143 18 144 19 145 20 146 21 Year‐To‐Year Peer Profiles: Provides your year-to-year NCSR results across the NIST 6 Cybersecurity Functions and Categories in comparison to your peers. Your peer groups are based on your Entity Type and Industry (Example: State Health & Human Services). Please note: Your results will be compared anonymously to other organizations in your peer group. The reports will be available shortly after the survey officially closes. Year‐To‐Year Compliance Reports: Provides access to your year-to-year compliance reports. Currently, we have the HIPAA Security Rule Crosswalk mapped to the NIST Cybersecurity Framework. Year‐To‐Year Questions and Answers: Provides a listing of all your questionnaires and submitted answers. CIS Controls Mapped to NCSR: Provides a report that maps the CIS Controls to the NCSR questions, along with your submitted answers. NCSR Policy Dash: Displays access to a repository of authoritative sources that provide a general understanding on what guides and governs your organization. Findings: Provides a report that maps your organizations NCSR questions that were answered below the recommended minimum maturity of “Implementation in Process” to the NIST Cybersecurity Framework informative references (NIST CSF 800-53, COBIT, and CIS Controls). 147 22 148 23 149 24 150 25 Do I need to be a member of the MS‐ISAC to take the NCSR? Answer: No. All States, State Agencies/Departments, Local Government Jurisdictions, Local Government Agencies/Departments, Tribal Organizations and Territorial Governments are encouraged to participate. To learn more about the MS-ISAC please visit: https://www.cisecurity.org/ms‐isac. How much does it cost to take the NCSR? How long does it take to complete? Answer: The NCSR is available at no cost to the user and takes approximately two to three hours to complete. Who from my organization should participate in the NCSR? Answer: The target audience for the NCSR are personnel within the SLTT community who are responsible for the cybersecurity program within their organization. • Chief Information Officer (CIO) • Chief Information Security Officer (CISO) • Chief Security Officer (CSO) • Chief Technology Officer (CTO) • Director of Information Technology (IT)/Information Systems (IS) • Individuals responsible for Information Technology management 151 26 What are the benefits of participating in the NCSR? Answer: There are many benefits! Many participants have found that participating in the NCSR raises awareness and communication within their organization with both internal and external stakeholders, including executive leadership. By participating in the NCSR, you are creating a cybersecurity baseline which can be used to develop your future security roadmap AND you can compare your scores against the aggregate scores of your peers across the nation. Upon completion of the NCSR, you will have access to custom individual reports that are specific to your organization. NCSR users can also access cybersecurity policy templates, courtesy of the SANS Institute. Available Reports: • Current NCSR Results: Provides your organization’s current NCSR results across the NIST Cybersecurity Framework Functions and Categories. • Year‐To‐Year Results: Provides your year-to-year NCSR results across the NIST Cybersecurity Framework Functions and Categories. • Year‐To‐Year Peer Profiles: Provides your year-to-year NCSR results across the NIST Cybersecurity Framework Functions and Categories in comparison to your peers. Your peer groups are based on your Entity Type and Industry (Example: State Health & Human Services). Please note: Your results will be compared anonymously to other organizations in your peer group. • Year‐To‐Year Compliance Reports: Provides access to your year-to-year compliance reports. Currently, we have the HIPAA Security Rule Crosswalk mapped to the NIST Cybersecurity Framework. • Year‐To‐Year Questions and Answers: Provides a listing of all your questionnaires and submitted answers. • CIS Controls Mapped to NCSR: Provides a report that maps version 7.1 of the CIS Controls to the NCSR questions, along with your submitted answers. The report provides the CIS Control, sub-control and implementation group. • NCSR Policy Dash: Displays access to a repository of authoritative sources that provide a general understanding on what guides and governs your organization. • 2019 Findings: Provides a report that maps your organization’s NCSR questions that were answered below the recommended minimum maturity of “Implementation in Process” to the NIST Cybersecurity Framework informative references (NIST 800-53, 152 27 153 28 154 29 155 30 Obligating Document for Award STATE GRANT NUMBER: 19HSBZMNHAZ FEDERAL AGREEMENT NUMBER: EMW-2019-SS-00010 AMENDMENT NUMBER: SUB-RECIPIENT NAME AND ADDRESS: Bozeman Fire Department 34 North Rouse Bozeman, MT 59715 ISSUING STATE OFFICE AND ADDRESS: Montana Disaster and Emergency Services P.O. Box 4789 1956 MT Majo Street Fort Harrison, MT 59636-4789 NAME OF SUB- RECIPIENT AUTHORIZED REPRESENTATIVE: Scott Sanders SUB-RECIPIENT AUTHORIZED REPRESENTATIVE CONTACT INFORMATION: ssanders@bozeman.net 406-582-2350 NAME AND CONTACT INFORMATION OF MT DES PREPAREDNESS BRANCH MANAGER: Burke Honzel bhonzel@mt.gov (406) 324-4771 EFFECTIVE DATE OF THIS ACTION: 10/01/2019 METHOD OF PAYMENT: EFT NAME AND CONTACT INFORMATION OF MT DES GRANT COORDINATORS: Amanda Avard amanda.avard@mt.gov 406-324-4785 FEDERAL AWARD AMOUNT: $40,000.00 PERIOD OF PERFORMANCE: From: To: 10/01/2019 09/30/2021 Budget Period: From: To: 10/01/2019 09/30/2021 ASSISTANCE ARRANGEMENT: Cost Reimbursement CFDA #: 97.067 SUB-RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE SUB-RECIPIENT AUTHORIZED REPRESENTATIVE (Name and Title) DATE MT DES SIGNATORY (Name and Title) Burke Honzel, Preparedness Bureau Chief, Authorized Organizational Representative DATE 11 SEP 2019 156