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HomeMy WebLinkAboutContract 37046CITY SECRETARY CONTRA � -�� Governor's Division of Emergency Management Governor's Division of Emergency Management of a �a�*, x�d -.-�� 2006 Grant Adjustment Notice `*3 e� °� ♦Q for ��tr Yi�e City of Fort Worth This GAN changes the performance dates of the grants in Section 5, Date of Award April 7, 2008 i. Sub -Recipient Name and Address 2. Prepared by: Latham, John 3. Award Number: 06-GA 27000-07 4. Federal Grant Information Mayor Mike Moncrief Federal Grant Title: Homeland Security Grant Program City of Fort Worth Federal Grant Award Number: 2006-GE-T6-0068 1000 Throckmorton Date Federal Grant Awarded to GDEM: July 1, 2006 Fort Worth, TX 76102-6311 Federal Granting Agency: Office of Grants and Training U.S. Department of Homeland Security 5. Award Amount and Grant Breakdowns Note: Additional Budget Sheets (Attachment A): No Total Award Amount CCP LETPP MMRS SHSP UASI Other 97.053 97.074 97.071 97.073 97.008 ^f �G, 657, 637.67 $0.00 $63, 242.00 $232,330.00 $0.00 $2,362,065.67 $0.00 This award supersedes all previous awards. Performance Period: ]ul 1, 2006 to Feb 28, 2009 6. Statutory Authority for Grant: This project is supported under Public Law 109-90, the Department of Homeland Security Appropriations Act of 2006. 7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of invoices. 8. Debarment/Suspension Certification: The Sub -Recipient certifies that the subgrantee and its' contractors/vendors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http://www.epls.gov. 9. Agency Approval Approving GDEM Official: Signature of GDEM Official: Jack Colley, Chief Division of Emergency Management Office of the Governor 10. Sub -Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub -Recipient official: Signature of Sub -Recipient Official: /tcLE/'TEO ✓i j� �� �� LFb�? T'1 Joe Paniagua I�i�-�-�- First Assistant City Manager i3�s • s �% City of Fort Worth ii. Enter Employer Identification Number (EIN) /Federal Tax Identification Numbe 12. Date Sign d �� �i ci �i��r{j{'�(�Ui��i t eposit Form (if a plicab must be returned to GDEM on or before the above due date. i�8�ti� ���;G?� �12j�,i�7'�� �v � r � GOVERNOR'S DIVISION OF EMERGENCY 2006 Grant Adjustment Notice MANAGEMENT (GDEM) I For HOMELAND SECURITY GRANT PROGRAM (HSGP) City of Fort Worth AWARD NUMBER 2006 HSGP - 27000 TERMS AND CONDITIONS PURPOSE AND OVERVIEW Sub -grant funds provided shall be used to provide law enforcement and emergency response communes with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of manmade, natural disasters and acts of terrorism as described in the federal program guidelines, specifically: planning, equipment, training and exercise needs, All costs under these categories must be eligible under OMB Circular No. A-87 Attachment A, located at http://wwwiwhitehouse.gov/omb/circulars/index.html, 1) AWARD ACCEPTANCE The Notice of Sub-recipientAward is only an offer until the sub -recipient returns the signed copy of the Notification of Sub -recipient Award in accordance with the date provided in the transmittal letter. 2) GUIDANCE This Sub -recipient is subject to the program guidance contained in the U.S. Department of Homeland Security (DHS) FY 2006 Homeland Security Grant Program Guidelines and Application Kit, The Program Guidance and Application Kit can be accessed at http://www.ojp.usdoj.gov/odp/grants_programs.htm. G&T periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers. Office of Grants and Training (OGT)'s Information Bulletins can be accessed at http://www.ojp.usdoj.gov/odp/dots/bulletins.htm and are incorporated by reference into this sub -grant. This sub -award is also subject to any Homeland Security Grant Program (HSGP) grant guidance issued by GDEM. 3) COIvPLIANCE A. Sub -recipient hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-871 A-1021 A-1101 A-1221 A-133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. parts 18, 22, 23, 30, 35, 38, 42, 61, and 63, 66 or 70 (administrative requirements for grants and cooperative agreements). B. Sub -recipient will comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the Office of Grant Operations (OGO)'s Financial Management Guide (Jan 2006) at http://www.dhs.gov/dhspublic/interweb/assetlibrary/Grants_ FinancialManagementGuide.pdf. Co When implementing Office of Grants and Training (OGT) funded activities, the sub -recipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The sub -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 OGT funded activities. D. Sub -recipient agrees to comply with the applicable financial and administrative requirements set forth in the current edition of the Office of Grant Operations (OGO) Financial Management Guide located at http://www,ojp,usdoj.gov/oc/. E. Sub -recipient will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). (Federal Assurance) F. Sub -recipient must comply (and must require contractors to comply) with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith -based and community organizations). (Federal Assurance) G. If the sub -recipient is a governmental entity, it must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq:), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and (Federal Assurance) IL Page 2 of 7 GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT (GDEM) 4) 5) HOMELAND SECURITY GRANT PROGRAM (HSGP) COMPLIANCE (continued) 2006 Grant Adjustment Notice For TERMS AND CONDITIONS city of Fort Worth H. The sub -recipient will cooperate with any Federal, State or Council of Governments assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. I. Sub -recipient agrees to comply with any additional requirements set by their Council of Governments (COG) in the project notes area on the SPARS website for each project, i.e. mutual aid agreements and UASI working group approvals, if applicable. J. 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 Part 67 Sections 67.615 and 67.620. The sub -recipient certifies that it will or will continue to provide a drug -free workplace by: 1. 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; 2. Establishing an on -going drug -free awareness program to inform employees about the dangers of drug abuse in the workplace; the grantee's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. 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 3(K)(1); 4. Notifying the employee in the statement required by paragraph (3)(K)(1) that, as a condition of employment under the grant, the employee will abide by the terms of the statement; and 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; 5. Notifying the Governor's Division of Emergency Management/State Administrative Agency (GDEM/SAA), in writing, within 10 calendar days after receiving notice under subparagraph 3(K)(4), from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to GDEM/SAA. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 3(K)(4), with respect to any employee who is so convicted a. 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; or b. 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; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1), 2), 3), 4), 5), and 6). (Federal Certification) FAILURE TO COMPLY GDEM/SAA may suspend or terminate sub -award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the sub -award application, failing to follow grant agreement requirements or special conditions, failing to submit required reports, or filing a false certification or other report or document. Satisfactory Progress is defined as accomplishing the following during the performance period of the grant: deciding what purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and training is accomplished with the equipment (or readied for deployment). All of the aforementioned task must be accomplished in a timely manner. Special Conditions may be imposed on sub -recipient's use of grant funds until problems identified during grant monitoring visits conducted by GDEM audit and compliance personnel are resolved. CONFLICT OF INTEREST The sub -recipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or ger�onal gain. , Page 3 OF 7 GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT (GDEM) HOMELAND SECURITY GRANT PROGRAM (HSGP) 6) LOBBYING 2006 Grant Adjustment Notice For TERMS AND CONDITIONS City of Fort Worth As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the sub -recipient certifies that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the sub -recipient, 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 making 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. 7) DEBARMENT, SUSPENSION, &OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510. (Federal Certification) The sub -recipient certifies that it and its principals and vendors: 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; sub -recipients can access debarment information by going to http://www,epls.gov/. B. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal 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 E. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. (Federal Certification) 8) MONITORING A. Sub -recipient will provide GDEM, State Auditor, or DHS personnel or their authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. B. Sub -recipient agrees to monitor their program to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. In addition, Councils of Governments will perform periodic monitoring of grant recipients to ensure compliance. C. GDEM/SAA may perform periodic reviews of sub -recipient performance of eligible activities and approved projects. These reviews may include, without limitation: performance of on -site audit and compliance monitoring, including inspection of all grant -related records and items, comparing actual sub -recipient activities to those approved in the sub -award application and subsequent modifications if any, ensuring that advances have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, verifying information provided in performance reports and reviewing payment requests, needs and threat assessments and strategies. 9) REPORTING A. A-133 Reporting Requirement —All sub -recipients must submit an audit report to the Federal Audit Clearinghouse if they expended more than $500,000 in federal funds in one fiscal year. The federal Audit Clearinghouse submission requirements can be found at .http://harvester,census.gov/sac/. A report must be submitted to GDEM/SAA each year this grant �is acti �l ve=, =Psi �14 IV Page 4 OF 7 GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT (GDEM) HOMELAND SECURITY GRANT PROGRAM (HSGP) 9) REPORTING (continued) 2006 Grant Adjustment Notice For TERMS AND CONDITIONS city of Fort Worth B. Sub -recipient agrees to comply with all reporting requirements and shall provide such information as required to GDEM/SAA for reporting as noted in the 2006 Federal Grant Guidelines and/or in accordance with GDEM/SAA guidance. C. Sub -recipient must prepare and submit performance reports to GDEM/SAA for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. Sub -recipient may also be required to submit additional information and data requested by GDEM/SAA. 10) USE OF FUNDS A. Sub -recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OGT. B. The sub -recipient agrees that all allocations and use of funds under this grant will be in accordance with the Homeland Security Grant Program Guidelines and Application Kit for that fiscal year and must support the goals and objectives included in the State Homeland Security Strategic Plan and the Urban Area Homeland Security (UASI) Strategies. C. The sub -recipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub -recipient 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. 11) REIMBURSEMENT A. Sub -recipient agrees to make no request for reimbursement prior to return of this agreement and signed by the authorized sub -recipient representative. B. Sub -recipient agrees to make no request for reimbursement for goods or services procured by sub -recipient prior to the performance period start date of this agreement. 1Z) ADVANCE FUNDING A. If a financial hardship exists, asub-recipient may request an advance of grant funds for expenditures incurred under this program. Requests must be made in writing by the chief elected official and submitted to GDEM/SAA. This will be accomplished using the SPARS website by following the instructions for generating hardship letters. GDEM/SAA will determine whether an advance will be made. B. If a sub -recipient is approved for an advance, the funds must be deposited in a separate interest bearing account and are subject to the rules outlined in the Uniform Rule 28 CFR Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at http://www.access.gpo.gov/nara/cfr/waisidx_04/28cfrv2_04,html and the Uniform Rule 28 CFR Part 70, Uniform Administrative Requirements for Grants and Agreements (including sub -awards) with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations, at http://www. access.gpo.gov/nara/cfr/waisidx_03/28cfr70_03.htm1. Sub -recipients must report any interest earned to GDEM/SAA. Any interest earned in excess of $100 must, on a quarterly basis, be remitted to: United States Department of Health and Human Services Division of Payment Management Services P.O. Box 6021 Rockville , MD 20852 13) TRAINING/EXERCISE Sub -recipient agrees that, during the performance period of this grant, any and all changes to their sub -recipient agreement regarding planning, training, equipment, and exercises must be routed through the appropriate reviewing authority, either the local Council of Governments or Urban Area Security Initiative (UASI) Working Group, 14) EQUIPMENT REQUIREMENTS A. Sub -recipients must maintain an updated inventory of equipment purchased through this grant program in accordance with Uniform Grant Management Standards —III, State Uniform Administrative Requirements For Grants and Cooperative Agreements, Subpart C -Post-Award Requirements, Reports, Records, Retention, and Enforcement, .32 Equipment and the Office of Grant f�perations Financial Management Guide . Page 5 OF 7 GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT (GDEM) 14) 15) 17) 18) HOMELAND SECURITY GRANT PROGRAM (HSGP) 2006 Grant Adjustment Notice For TERMS AND CONDITIONS EQUIPMENT REQUIREMENTS (continued) City of Fort Worth B. The sub -recipient agrees that any equipment purchased with grant funding marked as follows: "Purchased with funds provided by the U.S. Department Security." Exceptions to this requirement are limited to items where placing not possible due to the nature of the equipment. UASI shall be prominently of Homeland of the marking is A. If the sub -recipient is a participant in a UASI program, during the performance period of this grant, sub -recipient agrees to adhere to the UASI strategy, goals, objectives, and implementation steps. B. Sub -recipient agrees that, during the performance period of this grant, all communications equipment purchases must be reviewed and approved by the Regional Interoperable Communications Committee and the UASI points of contact (voting members), if applicable. REQUIREMENTS -MISCELLANEOUS A. During the performance period of this grant, sub -recipient must maintain an emergency management plan at the Basic Level of planning preparedness or higher, as prescribed by GDEM. This may be accomplished by a subgrantee maintaining its own emergency management plan or participating in an inter -jurisdictional emergency management program that meets the required standards. If GDEM identifies deficiencies in the sub -recipient's plan, sub -recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from GDEM. B. Projects identified in the State Preparedness Assessment Report System (SPARS) (www.texasdpa.com) must identify and relate to the goals and objectives indicated by the applicable 15 approved project investments for the period of performance of the grant. C. During the performance period of this grant, sub -recipient agrees that it will participate in a legally -adopted county and/or regional mutual aid agreement. D. During the performance period, the sub -recipient must register as a user of the Texas Regional Response Network (TRRN) and identify all major resources such as vehicles and trailers, equipment costing $5,000 or more and specialized teams/response units equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. E. Sub -recipients must implement the National Incident Management System (NIMS) at the local level. The requirement to train personnel on the IS-700 course, National Incident Management System (NIMS), An Introduction, has been extended into FY 06. Grant recipients must have formally recognized the NIMS and adopt the NIMS principles and policies. CLOSING THE GRANT A. The sub -recipient must have all equipment ordered by December 30, 2007. The last day for submission of invoices is February 28, 2008. B. GDEM/SAA will close a sub -award after receiving sub -recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the sub -recipient is owed additional funds, GDEM/SAA will send the final payment automatically to the sub -recipient. If the sub -recipient did not use all the funds received, GDEM/SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. PUBLICATIONS A. Sub -recipient acknowledges that OGO/OGT reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. The Recipient agrees to consult with SLGCP regarding the allocation of any patent rights that arise from, or are purchased with, this funding. B. The sub -recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This Document was prepared under a grant from the Office of Grants and Training , United States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors and do not necessarily represent the official position or policies of U.S. Department of Homeland Security." Page 6 OF 7 GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT (GDEM) HOMELAND SECURITY GRANT PROGRAM (HSGP) 2006 Grant Adjustment Notice For TERMS AND CONDITIONS 19) RESTRICTIONS, DISCLAIMERS and NOTICES City of Fort Worth A. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by GDEM/SAA prior to obligation or expenditure of such funds. B. In cases where local funding is established by COGS, release of funds by GDEM is contingent upon regional funding allocation approval by the sub -recipient's COG governing board. C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be liable to the Sub -recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub -recipient Award. D. Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following business day. Jack Colley, Chief Division of Emergency Management Office of the Governor PO Box 4087 Austin , TX 78773-0270 Page 7 OF 7