Item 18 - Adopt Resolution for FY 2021 Emergency Management Performance Grant

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PSGP Appendix | February 2021 Page G-9 assessments may be funded as contracted costs. Personnel costs (other than M&A) are not an allowable expense for conducting these assessments. CISA offers free resources to assist with initial assessments, please see https://www.cisa.gov/cyber- resource-hub for additional information. Applicants are encouraged to utilize free resources prior to requesting funds under this program. Copies of completed cybersecurity assessments funded under PSGP that impact the maritime transportation system, lead to a “transportation security incident” (as that term is defined under 46 U.S.C. § 70101(6)), or are otherwise related to systems, personnel, and procedures addressed by the facility and vessel plan shall be made available to FEMA and/or the local COTP upon request. The results of these cybersecurity assessments may be designated as Sensitive Security Information (SSI) and may be used to inform national maritime cybersecurity assessments. Where a vulnerability assessment has been completed either through contracts or qualified personnel to identify existing gaps and required mitigation efforts, mitigating projects may be funded that include purchase of equipment, software, and infrastructure designed to harden cybersecurity. Specific questions on conducting vulnerability assessments should be referred to the respective FEMA Preparedness Officer. Capital (Construction) Projects Guidance Recipients must obtain written approval from FEMA prior to the use of any PSGP funds for construction or renovation projects. Additionally, PSGP funding may not be used to construct buildings or other physical facilities that are not constructed under terms and conditions consistent with the requirements of section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5196(j)(9)) (the Stafford Act),3 which requires compliance with the Davis-Bacon Act (codified as amended at 40 U.S.C. §§ 3141 et seq.) for PSGP funded projects. Grant recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis-Bacon Act, including Department of Labor wage determinations, is available at http://www.dol.gov/whd/govcontracts/dbra.htm. The following types of construction and renovation projects are allowable under PSGP, provided they address a specific vulnerability or need identified in AMSP or otherwise support the maintenance/sustainment of capabilities and equipment acquired through PSGP funding: • Maritime Command and Control Centers • Interagency Operations Centers (IOCs) for maritime security • Port Security Emergency Communications Centers • Buildings to house generators that support maritime security risk mitigation • Maritime security risk mitigation facilities (e.g., dock house, ramps, and docks for existing port security assets) • Hardened security fences/barriers at access points • Any other building or physical facility that enhances access control to the port/MTSA facility area 3 While the Maritime Transportation Security Act of 2002, as amended at 46 U.S.C. § 70107(b)(2), requires that such activities are carried out consistent with Section 611(j)(8) of the Stafford Act, a subsequent amendment to the Stafford Act by section 3 of Pub. L. No. 109-308 in 2006 redesignated the text of Section 611(j)(8) to 611(j)(9). The cross- reference in the Maritime Transportation Security Act of 2002 has not been updated.