Common use of Operational Overtime Costs Clause in Contracts

Operational Overtime Costs. ‌ In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism, operational overtime costs are allowable for increased security measures at critical infrastructure sites. FY2018 LE SHSP funds for organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastructure sites in the following authorized categories: • Increased border security activities in coordination with Customs and Border Patrol • Backfill and overtime expenses for staffing State or Major Urban Area fusion centers No more than 35% of the region’s total LE SHSP award can be allocated toward personnel costs. These costs include employees, contractors, overtime, and backfill. FY 2018 LE SHSP funds may only be spent for operational overtime costs upon prior approval provided in writing (email or memorandum) from the Ohio EMA. EQUIPMENT:‌ FY2018 LE SHSP funds can be used for the acquisition of equipment from the eligible equipment categories listed in the FY2018 Authorized Equipment List (AEL) as they pertain to the State priorities. The AEL is only available online through the FEMA website at xxxxx://xxx.xxxx.xxx/authorized-equipment-list. Please note that the AEL is routinely updated and thus must be consulted each time decisions are to be made on what equipment to be purchased. The Regional Law Enforcement Advisory Committee must consult the AEL in order to develop its Project/Budget application. The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable, as described in FEMA Policy FP 205- 402-125-1 (xxxx://xxx.xxxx.xxx/media-library/assets/documents/32474) under all active and future grant awards, unless otherwise noted. With the exception of basic maintenance plans purchased incidental to the original purchase of the equipment, the period covered by a maintenance or warranty plan, or any activities and expenditures must not exceed the period of performance of the specific grant to which the expenditure is charged. All costs that are incurred before or after the award’s period of performance ends are not chargeable to the award and will be disallowed per 2 CFR 200.309 Period of Performance. Contracts, agreements, and extended warranty shall not be prepaid or prorated. All equipment and services must be received, completed, and the request for reimbursement submitted by end of the grant performance period as listed on the sub-recipient’s grant agreement. Before any equipment item is added to the regional budget, the applicant must first confirm the item conforms to a specific AEL equipment item. Some items that regions wish to purchase may not exactly match a specific item in the AEL. In those cases, the region must consult Ohio EMA’s Preparedness Grants Branch to determine whether or not the item meets the intent and restrictions of a given AEL equipment category/item. If Ohio EMA cannot concur or determine the eligibility of the item, they will consult with DHS to confirm eligibility of the item. The region must receive approval for the item in writing (email or memorandum) from Ohio EMA’s Preparedness Grants Branch. This clarification must take place prior to any encumbrance or expenditure of funds for the item in question. EGMS is the official approval of expenditures. The region will not consult DHS independently of Ohio EMA on an item’s eligibility, which must be coordinated thru Ohio EMA’s Preparedness Grants Branch. Equipment item decisions made by Ohio EMA and DHS are not subject to appeal. CBRNE Detection Equipment:‌ Any CBRNE detection equipment purchases must be made in direct support of a law enforcement agency and must demonstrate a nexus to intelligence and information sharing (e.g. Bomb Squad members being trained as ILOs, etc.) OHS will submit all regional CBRNE equipment requests to the appropriate statewide Technical Advisory Committee (TAC) (or comparable subject matter experts) for review and approval. This will help to support coordination with other regions and avoid duplication of efforts within the region. It is only after this process that equipment will be approved for purchase. The region must receive approval for the item in writing (email or memorandum) from Ohio EMA’s Preparedness Grants Branch. This approval must take place prior to any encumbrance or expenditure of funds for the item in question. The Ohio LE SHSP grant is designed to build capabilities to prevent terrorism by sharing information and intelligence. It is focused on detecting terrorism before an act can be carried out. A limited amount of CBRNE response equipment may be allowed on a case-by-case basis and must be accompanied by a written justification that includes why the equipment cannot be purchased with another funding source.

Operational Overtime Costs. ‌ In support of efforts to enhance capabilities OPSG funds should be used for detecting, deterring, disrupting, and preventing acts of terrorism, operational overtime costs are allowable associated with law enforcement activities in support of border law enforcement agencies for increased border security measures at critical infrastructure sitesenhancement. FY2018 LE SHSP funds Overtime pay is for organizational costs enhanced patrol for certified public safety officers, along with limited support for other law enforcement direct support personnel (e.g., Communication Officers/Dispatchers, non-sworn patrol pilots, etc.). Overtime shall be reimbursed consistent with the non- federal entity’s overtime policy and the requirements as stated below: ● Overtime is time worked that exceeds the required number of hours during an employee’s designated shift. ● Overtime must be worked to increase patrol capacity and be in support of identified and approved USBP border security operations. ● The OPSG overtime hourly rate of pay will be no more than the approved overtime rate per local law and policy and must be in accordance with applicable State and Federal regulations. ● Exempt salaried employees may not be reimbursed for overtime unless the non-federal entity’s policy specifically allows for overtime reimbursement for these employees. ● The non-federal entity may not utilize OPSG funding to pay for an employee’s overtime hours or pay that exceeds 16 hours worked in any 24-hour period. Personnel Costs (OPSG): Up to 50 percent of an OPSG award may be used to support select operational pay for all personnel costs (only to the extent that such expenses associated with increased security measures at critical infrastructure sites in are for the following authorized categories: • Increased border security allowable activities in coordination with Customs and Border Patrol • Backfill and overtime expenses for staffing State or Major Urban Area fusion centers No more than 35% within the scope of the region’s total LE SHSP award can be allocated toward personnel costsgrant). These costs include employeesAt the request of a recipient or Sub-Recipient, contractors, overtime, and backfill. FY 2018 LE SHSP funds may only be spent for operational overtime costs upon prior approval provided in writing (email or memorandum) from the Ohio EMA. EQUIPMENT:‌ FY2018 LE SHSP funds can be used for the acquisition of equipment from the eligible equipment categories listed in the FY2018 Authorized Equipment List (AEL) as they pertain to the State priorities. The AEL is only available online through the FEMA website at xxxxx://xxx.xxxx.xxx/authorized-equipment-listAdministrator (or designee) may waive the 50 percent personnel cap. Please note that the AEL is routinely updated and thus must be consulted each time Waiver decisions are to be made on what equipment to be purchased. The Regional Law Enforcement Advisory Committee must consult at the AEL in order to develop its Project/Budget application. The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable, as described in FEMA Policy FP 205- 402-125-1 (xxxx://xxx.xxxx.xxx/media-library/assets/documents/32474) under all active and future grant awards, unless otherwise noted. With the exception of basic maintenance plans purchased incidental to the original purchase discretion of the equipment, the period covered by a maintenance or warranty plan, or any activities and expenditures must not exceed the period of performance of the specific grant to which the expenditure is charged. All costs that are incurred before or after the award’s period of performance ends are not chargeable to the award FEMA Administrator and will be disallowed per 2 CFR 200.309 Period of Performance. Contracts, agreements, and extended warranty shall not be prepaid or prorated. All equipment and services must be received, completed, and the request for reimbursement submitted by end of the grant performance period as listed on the sub-recipient’s grant agreement. Before any equipment item is added to the regional budget, the applicant must first confirm the item conforms to a specific AEL equipment item. Some items that regions wish to purchase may not exactly match a specific item in the AEL. In those cases, the region must consult Ohio EMA’s Preparedness Grants Branch to determine whether or not the item meets the intent and restrictions of a given AEL equipment category/item. If Ohio EMA cannot concur or determine the eligibility of the item, they will consult with DHS to confirm eligibility of the item. The region must receive approval for the item in writing (email or memorandum) from Ohio EMA’s Preparedness Grants Branch. This clarification must take place prior to any encumbrance or expenditure of funds for the item in question. EGMS is the official approval of expenditures. The region will not consult DHS independently of Ohio EMA on an item’s eligibility, which must be coordinated thru Ohio EMA’s Preparedness Grants Branch. Equipment item decisions made by Ohio EMA and DHS are not subject to appeal. CBRNE Detection Equipment:‌ Any CBRNE detection equipment purchases must be made in direct support of a law enforcement agency and must demonstrate a nexus to intelligence and information sharing (e.g. Bomb Squad members being trained as ILOs, etc.) OHS will submit all regional CBRNE equipment requests to the appropriate statewide Technical Advisory Committee (TAC) (or comparable subject matter experts) for review and approval. This will help to support coordination with other regions and avoid duplication of efforts within the region. It is only after this process that equipment will be approved for purchase. The region must receive approval for the item in writing (email or memorandum) from Ohio EMA’s Preparedness Grants Branch. This approval must take place prior to any encumbrance or expenditure of funds for the item in question. The Ohio LE SHSP grant is designed to build capabilities to prevent terrorism by sharing information and intelligence. It is focused on detecting terrorism before an act can be carried out. A limited amount of CBRNE response equipment may be allowed considered on a case-by-case basis and must be accompanied by basis. Further, changes in scope or objective also require FEMA’s prior written approval pursuant to 2 C.F.R. § 200.308(c)(1)(i). A formal OPSG personnel waiver request should: ● Be on official letterhead, include a written justification justification, and be signed by the local jurisdiction. ● Include a budget and method of calculation of personnel costs both in the percentage of the grant award and in total dollar amount, reflecting the change in scope or objective to the project. ● Include an approved Operations Order from the USBP Sector office that includes why supports the equipment canlocal jurisdiction’s written justification. ● Be coordinated with the USBP Sector, SAA, and the DHS/CBP Office of the Border Patrol (OBP). As with all OPSG personnel costs, OPSG grant funds will be used to supplement existing funds and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or recipients may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. Temporary or Term Appointments ● Sub-Recipients may utilize temporary or term appointments to augment the law enforcement presence on the borders. However, applying funds toward hiring full-time or permanent sworn public safety officers is unallowable. ● OPSG-funded temporary or term appointments may not exceed the approved period of performance. ● For OPSG purposes, temporary appointments are non-status appointments for less than one year. ● OPSG funding for temporary or term appointments may pay for salary only. Benefits are not allowable expenses for term or temporary employees. ● OPSG remains a non-hiring program. Appropriate uses of temporary or term appointments include: ● To carry out specific enforcement operations work for ongoing OPSG-funded patrols throughout the Sector Area of Operation; ● To staff operations of limited duration; such as OPSG-enhanced enforcement patrols targeting specific locations or criminal activity; and, ● To fill OPSG positions in activities undergoing transition or personnel shortages and local backfill policies (medical/military deployments). ● OPSG term and temporary appointments must have all necessary certifications and training to enforce state and local laws. OPSG funds will not be purchased used to train or certify term or temporary appointments except as otherwise stated in the OPSG section of this manual and the HSGP NOFO. ● Sub-Recipients must follow their own applicable policies and procedures regarding temporary or term appointments. Unallowable Costs (OPSG) OPSG unallowable costs include costs associated with another staffing and general IT computing equipment and hardware, such as personal computers, faxes, copy machines, modems, etc. OPSG is not intended as a hiring program. Therefore, applying funds toward hiring full-time or permanent sworn public safety officers is unallowable. OPSG funding sourceshall not be used to supplant inherent routine patrols and law enforcement operations or activities not directly related to providing enhanced coordination between local and federal law enforcement agencies. Finally, construction and/or renovation costs are prohibited under OPSG.

Operational Overtime Costs. ‌ In support of efforts to enhance capabilities OPSG funds should be used for detecting, deterring, disrupting, and preventing acts of terrorism, operational overtime costs are allowable associated with law enforcement activities in support of border law enforcement agencies for increased border security measures at critical infrastructure sitesenhancement. FY2018 LE SHSP funds Overtime pay is for organizational costs enhanced patrol for certified public safety officers, along with limited support for other law enforcement direct support personnel (e.g., Communication Officers/Dispatchers, non-sworn patrol pilots, etc.). Overtime shall be reimbursed consistent with the non- federal entity’s overtime policy and the requirements as stated below: ● Overtime is time worked that exceeds the required number of hours during an employee’s designated shift. ● Overtime must be worked to increase patrol capacity and be in support of identified and approved USBP border security operations. ● The OPSG overtime hourly rate of pay will be no more than the approved overtime rate per local law and policy and must be in accordance with applicable State and Federal regulations. ● Exempt salaried employees may not be reimbursed for overtime unless the non-federal entity’s policy specifically allows for overtime reimbursement for these employees. ● The non-federal entity may not utilize OPSG funding to pay for an employee’s overtime hours or pay that exceeds 16 hours worked in any 24-hour period. Personnel Costs (OPSG): Up to 50 percent of an OPSG award may be used to support select operational pay for all personnel costs (only to the extent that such expenses associated with increased security measures at critical infrastructure sites in are for the following authorized categories: • Increased border security allowable activities in coordination with Customs and Border Patrol • Backfill and overtime expenses for staffing State or Major Urban Area fusion centers No more than 35% within the scope of the region’s total LE SHSP award can be allocated toward personnel costsgrant). These costs include employeesAt the request of a recipient or Sub-Recipient, contractors, overtime, and backfill. FY 2018 LE SHSP funds may only be spent for operational overtime costs upon prior approval provided in writing (email or memorandum) from the Ohio EMA. EQUIPMENT:‌ FY2018 LE SHSP funds can be used for the acquisition of equipment from the eligible equipment categories listed in the FY2018 Authorized Equipment List (AEL) as they pertain to the State priorities. The AEL is only available online through the FEMA website at xxxxx://xxx.xxxx.xxx/authorized-equipment-listAdministrator (or designee) may waive the 50 percent personnel cap. Please note that the AEL is routinely updated and thus must be consulted each time Waiver decisions are to be made on what equipment to be purchased. The Regional Law Enforcement Advisory Committee must consult at the AEL in order to develop its Project/Budget application. The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable, as described in FEMA Policy FP 205- 402-125-1 (xxxx://xxx.xxxx.xxx/media-library/assets/documents/32474) under all active and future grant awards, unless otherwise noted. With the exception of basic maintenance plans purchased incidental to the original purchase discretion of the equipment, the period covered by a maintenance or warranty plan, or any activities and expenditures must not exceed the period of performance of the specific grant to which the expenditure is charged. All costs that are incurred before or after the award’s period of performance ends are not chargeable to the award FEMA Administrator and will be disallowed per 2 CFR 200.309 Period of Performance. Contracts, agreements, and extended warranty shall not be prepaid or prorated. All equipment and services must be received, completed, and the request for reimbursement submitted by end of the grant performance period as listed on the sub-recipient’s grant agreement. Before any equipment item is added to the regional budget, the applicant must first confirm the item conforms to a specific AEL equipment item. Some items that regions wish to purchase may not exactly match a specific item in the AEL. In those cases, the region must consult Ohio EMA’s Preparedness Grants Branch to determine whether or not the item meets the intent and restrictions of a given AEL equipment category/item. If Ohio EMA cannot concur or determine the eligibility of the item, they will consult with DHS to confirm eligibility of the item. The region must receive approval for the item in writing (email or memorandum) from Ohio EMA’s Preparedness Grants Branch. This clarification must take place prior to any encumbrance or expenditure of funds for the item in question. EGMS is the official approval of expenditures. The region will not consult DHS independently of Ohio EMA on an item’s eligibility, which must be coordinated thru Ohio EMA’s Preparedness Grants Branch. Equipment item decisions made by Ohio EMA and DHS are not subject to appeal. CBRNE Detection Equipment:‌ Any CBRNE detection equipment purchases must be made in direct support of a law enforcement agency and must demonstrate a nexus to intelligence and information sharing (e.g. Bomb Squad members being trained as ILOs, etc.) OHS will submit all regional CBRNE equipment requests to the appropriate statewide Technical Advisory Committee (TAC) (or comparable subject matter experts) for review and approval. This will help to support coordination with other regions and avoid duplication of efforts within the region. It is only after this process that equipment will be approved for purchase. The region must receive approval for the item in writing (email or memorandum) from Ohio EMA’s Preparedness Grants Branch. This approval must take place prior to any encumbrance or expenditure of funds for the item in question. The Ohio LE SHSP grant is designed to build capabilities to prevent terrorism by sharing information and intelligence. It is focused on detecting terrorism before an act can be carried out. A limited amount of CBRNE response equipment may be allowed considered on a case-by-case basis and must be accompanied by basis. Further, changes in scope or objective also require FEMA’s prior written approval pursuant to 2 C.F.R. § 200.308(c)(1)(i). A formal OPSG personnel waiver request should: ● Be on official letterhead, include a written justification justification, and be signed by the local jurisdiction. ● Include a budget and method of calculation of personnel costs both in the percentage of the grant award and in total dollar amount, reflecting the change in scope or objective to the project. ● Include an approved Operations Order from the USBP Sector office that includes why supports the equipment canlocal jurisdiction’s written justification. ● Be coordinated with the USBP Sector, SAA, and the DHS/CBP Office of the Border Patrol (OBP). As with all OPSG personnel costs, OPSG grant funds will be used to supplement existing funds and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or recipients may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. Temporary or Term Appointments ● Sub-Recipients may utilize temporary or term appointments to augment the law enforcement presence on the borders. However, applying funds toward hiring full-time or permanent sworn public safety officers is unallowable. ● OPSG-funded temporary or term appointments may not exceed the approved period of performance. ● For OPSG purposes, temporary appointments are non-status appointments for less than one year. ● OPSG funding for temporary or term appointments may pay for salary only. Benefits are not allowable expenses for term or temporary employees. ● OPSG remains a non-hiring program. Appropriate uses of temporary or term appointments include: ● To carry out specific enforcement operations work for ongoing OPSG-funded patrols throughout the Sector Area of Operation; ● To staff operations of limited duration; such as OPSG-enhanced enforcement patrols targeting specific locations or criminal activity; and, ● To fill OPSG positions in activities undergoing transition or personnel shortages and local backfill policies (medical/military deployments). ● OPSG term and temporary appointments must have all necessary certifications and training to enforce state and local laws. OPSG funds will not be purchased used to train or certify term or temporary appointments except as otherwise stated in the OPSG section of this manual and the HSGP NOFO. ● Sub-Recipients must follow their own applicable policies and procedures regarding temporary or term appointments. Unallowable Costs (OPSG) OPSG unallowable costs include costs associated with another evidence collection, arrest processing, prosecution, and Traffic/DUI checkpoints, such as evidence documentation cameras, fingerprinting supplies, alcohol breathalyzers, portable work lights, traffic barricades, and similar law enforcement expenses. Additional unallowable costs also include costs associated with staffing and general IT computing equipment and hardware, such as personal computers, faxes, copy machines, modems, etc. OPSG is not intended as a hiring program. Therefore, applying funds toward hiring full-time or permanent sworn public safety officers is unallowable. OPSG funding sourceshall not be used to supplant inherent routine patrols and law enforcement operations or activities not directly related to providing enhanced coordination between local and federal law enforcement agencies. Finally, construction and/or renovation costs, and exercise expenses are prohibited under OPSG.