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HomeMy WebLinkAboutContract 43887 Department Public VI Texas 2012 Sub-Recipluent Award for ETARY CITY SECR City of Fort Worth CONTRACT N0,P Lim Date of r f. �ro Award: w � Federal Grant'T'itle. Homeland Urban Area ., a Federal Grant Award Number.-I EMW-2012-SS-00018!-SO1 Mayor Betsy Price City of 1; Federal Granting Agency* Department of - Throckmorton Grant Progiira,m,s Directorate Fort Worth,TX 76102-6311 Date Federal Grant - September A 'i► d a Tr as Grant Period: UASI From��III ICI N�IIp o $21 151 1 709.8'5 (The SAA nuist recielivie all iniviolices by the einid afgrarvt period) 17.Statutory Authority for Grant,,-The Consolidated Appropriations Act 2012, Divilsion D (Public Law 112-74), and the Homeland 'Security Act of 2002 (Public Law 107-296), as arnended by section 101 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53), Method of Payment: Primary method is, reimbursement. 9. Diebarm,ei,n,t/Suspensi�on Certification:,The Sub-Recipilent certifies that the sub-reciipIient and its conitractors/vendors are not debarredsuspeIndeid, r • !d for debarment, declared .e - or excluded by any federal delpartment or agency + do Approving w M of Deputy Assistant Director Texas Homeland Security Texas Department of Public Siafety MIT POP d agree to thils Sub-Reciplent Agreement consisting of this Award and the attal chied'Terms and Print name and title of ► r Signature of Suh-Reciplent Official: Charles Assistant City Manager City of Fort Worth Enter �r .� Employer ■ Federal TIM r i iii 4 � r FTWOR AA- �" Ik a „rr G 2012 TERMS AND CONDITIONS Instructions,-- ...... The Sub-recipient shall: I. Fill in the information and sign the Grant Sub,-Rec'ient Award,* 1p, 2. Certify they have read and understand these Terms and Conditions; 3. Certify to the,statements provided in Exhibits A, B, C and D located at the back of this document byfilling in contact information and's,igning all exhibits, and 4. Return all documents via email to SAA—SRA@dps.texas.gov an or before the date provided in the transmittal letter andlor in this grant. (iranLSubmi ant& em�ent This Grant Sub-irecipient Agreement(cons,isting of this 2012 Grant Sub-recipient Award and these Terms and Conditions)is made and, entered into by and'between the Department of Public Safety/Texas Homeland Security State Administrative Agency, an agency of the State of Texas,, hereinafter referred to as"D�PS/THSSAA,"and the funds recipient,, hereinafter referred to as the"Sub-recipient"or "'Sub-grantee."' Furthermore, DP,S/THSSAA and the Sub-recipient are col,lectively hereinafter referred to as the",Parties." Thiis Grant Sub-recip�ient Agreement(SRA), or otherw,ise referred to herein as"this Grant"'or"this Agreement", is only an offer until,Sub-,recipie�nt returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub-recipient Award�. The FY 2012 Homeland Security Grant Program(HSGP)funding plays an important role in,the implementation of Presidential Policy Directive—8(PPD-8)by supporting the development and sustainment of core capiabilities,to fulfill:the National Preparedness Gio�ail,(NPG,),. HSGP funding shall be used for costs related to the planning, organization,equipment, training, and,exercise needs that prevent,protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events., Sub-�re�cipient may not assign or transfer any interest in this Grant without the express,prior written consent of DPs,/"rH,SSAA. If Sub-recipient issues subawards as part of this Grant project, Sub-recipient shall include and,require its,subawardees to comply with the terms and conditions of this Grant. The FY 2012 Nonprofit Security Grant Program (NSGP)funding plays an,important role in the implementation of Presidential Pollicy Directive 8(PPD-8)by supporting the development and sustainm,ent of core capabilities to fulfill the N!GP. NISGP piro�videls,funding for target hardening and other physical security enhancements and,activities to nonprofit organizations,that are at high risk of terrorist attack and located w,ithin one of the specific Urban Areas Security Initiative(UASI):-eli�gible U�rban Areas.While this funding is provided specifically to high-risk nonprofit organizations,the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. The term"Sub-recipient agreement funds"as used in this Grant means funds provided,by DPS/THSSAA under the Ulnited States Department of Homeland Security(DH,S)Federal,Emergency Management Agency(FEMA),grant programs(also referred to herein as DH,S/FEMA). The term"Sub-recipient's funds"or match funds as used in this Grant means funds provided by the Su�bi-recipient. OvenLipW gnd..,Performp .11gg Slandar All altocations anid use of funds under this Grant shall ble in a,cclor'danc�e with thie FY 2012 Funding Opportunity Announcement (FOA)for the,Federal Grant Title specified on this Grant,, and such FY 2012 FOA Is incorporated by reference herein. Sub-recipient shall read�, understand and accept the FY 2012 Funding Opportunity,Announcement as binding. 5tandpr_d gf P.Q&rMange. S,ub-recipient shall perform all activities and projects entered into the DPS/THSSAA web-based grants management system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriate local, regional and state-levell grant administratoir(s),. Sub-re�cipient shall perform all activities in accordance with all terms, provi I sions and requireme�nts set forth in this Grant, including but not limited to the following Exhibits* 1. Assurances—Non-Construction Programs, hereinafter referred to as"Exhibit A'�' 2. Assurances—Construction Programs, hereinafter referred to as"Exhibit B" 3. Certifications, hereinafter referred to as"Exhibit C" 4. State of Texas Assurances, hereinafter referred to as"Exhibit D" Fgilurg to Pg,rf -�recipient fails to implement the project(s)entered and approved in the DPS/THSSAA web-based, __Q�rm. In the event Sub grants management system, or comply with any provision of this Grant, Sub-recipient shall be liable to DPS/THSSAA for an,amount not to, exceed the award amount of this Grant and may be barred from applying for or receiving additional DH,S/FEMA grant program funds or any other,grant program funds administered by DPS until repayment to DPS/THSSAA is made and,any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects,may reduce future funding in additional DHS/F'EMA and/or other grant programs administered by DPS. wig Sub-ireciplent shall assess its federally funded�pro,jects for potential impact,to envotronmental resources and historic properties. Sub-rieciplent,shall submit any required screening form(s)as soon as po!ss,ible and shall comply witimi deadlines established by DPSITHSSA,A,.Timelines for the Environmental Planning and Historic Preservation(EHP)review process will vary based upon thie complexity,of the proiliect anid the potentilal for environrnental or historical implaot Sub-recipient shall iin�c,lude sufficient review 'time within Its proJect managemient plan�to comply with EHP requirements. LnlgatsnAt 11 11-M E EM.rSUy 9W w relgjLia, n.- .1ft. U]9 . Ai gq=bM@.,f1p �&ADA qL p..jyj,h 2 L Pagie 2 OF 18 Suib-r�ecipient,as soon,as possible upon receiving its grant award,shall provide information to DP,S/THSSAA to assist with,the legally-required EHP review and,to ensure,compliance with applicable EH:P laws and Executive Orders(EO)currently using the FEM�A EHP Screening Form OM113 Number 16610-0115/F'EMA Form 024-0-01 and submitting it,with all supporting documentation,to D' P'SrFHSSAA for review.These EHP requirements,include but are not limlilteld to the National Environment a'I Policy Act,the National Historic Preservation Act, the!Endangered Species Act, EO 11988—Floodplain Management, EO 11990—Protection of Wetlands, and EO 1289�8—Environmental Justice. Sub-recipient shall comply,with all Federal, State, and local EHP requirements,and sha�ll obtain applicable permits and clearances. See FEMA Information Bulletin 32,9. Sulb-rec,ilplient shall not undertake any activity from the project that wouild,result in ground disturbance, facility modification,or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance�, new construction,,and modifications to bui,lidiin�gs,. Sub-relci,pi,en,t shall comply with all mitigation or treatment measures required for,the project as the result of FEMA's EHP review., Any changes to,an approved project description will require re-,evaluation for compliance with EHP requirements before the project clan,proceed. If ground diistu:rb,ing activities,occur during project implementation,1 Sub-relcipient shall ensure,monitoring of g�round disturbance and if any potential archeological resources are discovered, Sub-reciplient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. ,Euudkg Oblieall(21M A., DPS/TH,SSAA shall not be liable to Su�bi-recipient for any costs incurred by Suib-recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant,the tota,l of all payments and other obligations incurred by DPS/TH,,SSAA under this Grant shall not exceed the Total Award Amount listed on the Grant Sub-recipient Award. C. Sub-reci�plient shall contribute the match funds listed'on the Grant Su,b-recipient',Award. D. Sub-recipient shall refund to,DPS�/T'HSSAA any sum olf'these grant funds that has been determined by DPS/THSSAA to be an overpayment to Sub-recipielnt,or that DPS/THSSAA determines has not been spent by Sub,-recilpient in,accordance with,this Grant. No refund pa,ym�ent(s)shall be made from loc,al�,state or federal g�riant funds unless,rep�ayment with,grant funds is specifically permitted by I statute or regulation. Sub-reci,p�ien,t shall make such refund to DPS/THSSAA within thirty(30)days after DPS/THSSAA re�quests such refund. E. Notwithstanding any other provisionis,the Parties her,eto understand and agree that DP`S/THSSAA's obligations,under this Grant are, coint�inge�n�t upon the rece�ipt of adequate funds,to,meet IDPS/THSSAA's l�iabilities hiereunder,except as required by the Homeland Security Grant Program('HSGP�)1. DP,SrTHSSAA shall not be,liable to Sub-recipient for costs,which exceled the amounit specified in thiis Grant. ,PeCforMUnr,j!jrStUld' Subil-reciplient shall hav�e expendied all grant funft iwitstibmitted reimbUrsement requests,and any Invoilces,In the DPS1TKSSAA grant management s,y�stem bly the enid of the plerformancle periold. D,P,S/THI,S,SAA shall not be obligated to reimburse expenses incurred or submitted after the performance pler,iod. Unj&�dM* raLiveReatd ments, dj ILM921LUL C ,,t P ficl*Dyls an, jj&Lt Requ Except as specifically modified by law or this Grant, Subi-recipient shall adminiister this,Grant through compliance with the most recent version,of all applicable laws and regulations,, including but not limited to DHS program legislation, Federa,l awarding agency regulations, and the terms and conditions of this Grant. A non-e�xcluisive list is,provided below. A. Administrative Requirements 1. 4�4 C.F.R. Part 13, Un,ifoirm Administrative Requirements for Grants and Cooperative Agreements to State,and Local Governments(the A-102 Common Rule), 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education�,Hospitals and Other Nion-Pro,fit Organizations(OMB Circular A-1 10). 3. 44 C.F.R.Part 10, Environmental Considerations B. Cost Principles 1. 2 C.F.R,.,Part 225) Cost Principles,for State, Local and Indian Tribal Governments(OMB C,ir�cular A-87') 2. 2 C.F.R., Part 220, Cost Principles for Educational Institutions(OMB,Circular A-21) 3. 2 C.F.R. Part 230, Cost Principles for Non-Profit Organizations(OMB Circular A-122) 4. 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations(FAR), Contracts with Commercial Organizations C'. Audit Requirements OM,B Circular A-133�,Audits,of States, Local Governments and Non-,Profit Organizations. D. Grant Guidance(Fundiing Opportunity Announcement) Sub-relcipi e�nt agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2012 Funding Opportunity Announcement and supip'emental resources for the HSGP1 currently available at and,the Nonprofit Security Grant Program (NSGP), 4jLVMJ .qMa,,,,.g,gyJ2df/ggy Page 3 OF 18 _ "� we - �. +� +111 ,. 4r -+w - ,� 11� +� w� ,. � � �w �1 -� � � - � • � r1 �1 � 4f� ,1r +� _ �+�r .� do 400 IF do IN W am JP '°a" : y rr r �r _ �r ■ we+ r r �r. M alw wr:. IMF 9 aw. .r a. Texas General Appropriations Act,'Art. IX,, Parts 2 and 3, except there is no requirement for increased salaries for local government employees;i b. Texas Government Code Sections 55161.004, 5,56.,0051, and 515�6.006, including not uis,ing any money or vehiicle to support the candidacy of any person for office; not influencing positively or negatively the payment,loain, or g�ift t a person or political organization for a political 1 0 purpose; and not using grant fund's to influencethe passage or defeat of legislation including not assisting,with,the funding of a lobbyist,or using,grant funds to pay dues to,an organization with a,registered lobbyist, c. Texas Government Code Sections 21 13�.01 2 and 2113.101 including,not using grant funds to,compensate any employee who uses alcoholic beverages on active duty plus Sub-recipient may not use grant funds to purchase an alcoholic beverage and may not pay or rei�mburse any travel expense for an alcoholic beverage, d. Texas General Appropriations Act,Art. IX, Section,6.13 requ,irinig S,uib-reci pie nits to make every effort to attain key performance target levels associated with this grant award, including performance milestones,milestone time frames, and related performance reporting requirements; and e. Gene ral,Ap,p ro,p nations Act,'Art., IX, Sections 7.01 and 7.012, and Texas,Government Code§2102.0091, including grant funds,may o�nly be expended!if Sub-recipient timely completes and fi,les its,reports. Co2diti A. Llu�of Bunds. DHS grant funds may only used for the purposes set forth in this Grant, and shal,l be consistent with,the statutory, authority for this Grant. Grant funds may,not be used for matching funds for othier Federal grants/cooperative agreements, lobbying,or intervention in Federal regu�latory or,adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. B. LgbbYina,,,,&phi.b No funds shall be expended by Sub-R,eci,pie,nt to pay,any person to influence,or attempt to influence an officer or , 2ed,,, employee of any agency, a Member of Congress,, an officer or employee ofCongress,or an employee of a Member of Congress,in connection with any Federal action concerning the award or renewal of any Federal contract,gra�n�t, loan,coloperative agreement. These lobbying prohibitions may be found at 31 U.S.C. §�1352. Further, Sub-Recipient understands,and agrees,that it shall not 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 g�olvernmienit,without the express prior written approval of FEMA. C. T[gj2§fg[[jng Fjj,j].dL, Sub-recipj,ent is prohibited from transferring funds between grant programs(such as SHSP, UASI, and OPSG)i without a properly executed GAN'. D. Fgderijj�EMUjoyo Prg ederal employees,are prohibited from servi I ng in any capacity(paid or unpaid)on,any proposal hibition,, F submitted under this Grant. Federal employees may not recei,ve,funds under this Grant. E. Qgst Cateao[ie , There may be limitations on the use of HSG,P funds for the categories of costs listed,below. For additional details on restrictions on thie use of funds, refer to the FY 20�1,2 HS,GP FOA,Appendix C, Funding Guidelines. 1. Management and Administration 2. Planning 3. Organization 4. Equipment 5. Training 6. Exercises 7. Maintenance and Sustainime�nt 8. Critical,Emergency Supplies 9. Construction and Renovation F. Goy2ra�2g B,Urd 6j2grgvpj,_, In cases where local funding is established by a COG or an Urban Area Security Initiative(UASI) governing board,the release offunds by DP,S/THSSAA is contingent upon funding allocation approval by,the governing board. G. N ot ven, I All notices or communications required or permitted to be given by either party hereunder shall be deemed sufficiently gi if maill:ed by registered mail or certified mail, return receipt requested,or sent by overnight courier,such as Federal Express or Loan Star,to the other party at its resp�ective address.,For notice to DiPS/THS,SAA,see address set,forth below. For Su�b-�reciplient,see the address listed on the Grant S,ub-Recipient Award page or Point of Contact address listed for the Sub-recipienit in the DPsrrHSSAA Grants Management System(SPARS). DP,SfTHSS�AA Contact Infoffnation Depu Assistant Director jexas Homeland Security State Admin. Agency itexas Department of P,ubl�ic Safety P.O. Box 4087 '111'111.4,�................... "A,us,tin,TX 7877,31-0220 K poijoll j2f,jQQa=. Within,30 days of any change,, Su,b-recipient shall notify DPS/THSSAA of any chain,gie or correction to the chief elected official, program, and/or financial points,of'conta,ct in the DPS/THSSAA grant management system. Page 5 01F 18 All : CP WO Me OWN •— - •� go o I M/ 'IF'. ,pr MM' WIC « r i, �rM "w.. ✓ �rM'' '91M �R'7# � �� 7'�'�'�! "!^ : ',,,�1! � ,My� ,r., +Mk �! �.�' 7R ^� � �' +� �'� ,"" "" « °` '"" I � !� • � aM � all .l � �;� I l ..� � .� .� �' « . ., !� •,� "" � r w+ � « • . � � "" �'!�« �"'• � � '�`+II• �� � A �, �. ate.� � . """!�' : "' `� are �l,� � all � *�� +� � � ^' � �� � "" � "" �!*"•� � I r' « «'1� ""' I „IIY, ���.IfY� ies. r r r. '.� aM �M'.' 1! .#!�.1M ♦ :r �1 it r..a1M 'n` � r1 '1s. � +AR � �W AA � IS M0,�. M - III v r till, � ► alp _ �VAL •"" M "` ! �! � Ill • ,« � �. �l� � � � .. � � « � � I �'« « "`� 1 + � � i + � � �,`.. ��,al` Mme',.���.. ® '.'w„.��, �,�. '�� �i r W � � .# aw M!`, 7', '� � � ►^ � N ! sIR'.: � r y\ ,fir v�'' � 1 n®w r, a.0 �'R 1F #1,,+rt" IN ! 1R �. �alN '� � # #�T wl� u►' 1! � � �. � :� "!. ��M1W all iR � 11y +u .w I\ �nr d1t I r1N X111 ^9171A! ar� aM aw �,,,, s: � ',� a� dlM • aMl yr eW. r.:':1! �:,, �. aww � 'mow lAR�1w r1 "� ''lAI "lam '� w1W lit (MUM19 OMMO MEN lawn wr �, �u "" *` �. III.» I� �"`� � �► I �"` �� ''�" ;� ��� �. �"" � �(� � Apo Ali A A 7A w • ■ *. °" TW I III VA X11 "" • "` # • �. 11 wr .'i 110,11SM41011 ' �. all r �A1 ,r w W '- m wi v 1 0 tZIMAIMMMMIM main"-* v n� ... � r� r � � ,dIL r. #' ' � •r '"" M!+� r r Yt'I' 1�, � i 7F ,�y wr # ♦ err v I 1w w 0 w .40 900 1 Rk 1,''IM�FAAVLR MIA 0, a IN a IN OF UP FIR A AL A All, IL IN w lie It A IN w w a •IN All w ------------- L#I Ar-MOIS"i, ,ilk9ce Qf Lidaa&n oad Claim Sub�-reciplient shall give 1DPS/THSSAA immediate notice in writing of any action or claim,including any pr�o�ceed'ing,before an administrative agency,fi�led against,S�ub-,recipient ansing out�,of performance of this Grant., Except as,otherwise directed by DPS/THSSAA, Sub-recipient shall furnish immediately to DPS/THSSAA cop�ies of all doicumeintat,ion or pleadings received by Sub-recipienit with respect to such action or claim. No-L' hIC&for,-Employee ta s an J_Qff ig�g DPS/THSSAA shall have,no liiabi�lity whatsoever for the actions or omissions of an individual employed or contracted by Sub-recipie�nt, regardless of where the in:di,viduail's actions or omissions occurred. N.Qn-W.dur.of Do-fA Any failure of DPS/THSSAA, at any time,to enforce or require the strict keeping and performance of any provision of this Grant shall not constitute a waiver of such provision, and shall not affect or impia,ir same or the right of DPS/THISSAA at any time to avail itselfofsame. A waiver does not become effective unless DPS/T HSSAA expressly agrees to such waiver,in writing. Any payment by DPS/THSSAA shall not constitute a waiver or,otherwise im�pair or prejudice any right,,power,privilege,or remedy available t�o DPS/TH,S,SAA to enforce its rights,as such rights,powers,privileges, and remedies are specifically preserved. Chan es-and AM_.Q12dMQnt2 Mg�j,figalio,12,. FEMA or DPS,/TH�SSAA may mo,d,ify thiis,Grant after an award has been made. On�ce notification has been made in writing, any subsequent request for funds indicates S,ub-reci�pient's acceptance of the cha:nges to the award. Any alteration, addition, or deletion to this Grant by Sub-recipient is not'va�lid. =t en,AmpndMgnt. Alterations,additions or d�elet,ioins,to this Grant,such,as changes to period of performance and award,amounts,shall, be made through an executed Grant Adjustment Notice�(GA,N). AUt.h2rily tg......6men-d,-., During the period of performance for th,is Grant, DPS,/'THSSAA and/or FEMA may,issue policy directives,that serve to establish, interpret or clarify�this,Grant's plerformance requirements. Such pollicy directives shall be promulgated by,DPS/THSSAA or FEMA in the form ofinformation Bulletins anid Sub-relcipient Manuals and sha:l,l have the effect of modifying this Grant,and shall be b�inding upon Sub-recipient as if written in thlis,Grant. Eff.Qgt Qf Cibiaom in Eedgal and�Jaje Laws., Any alterations,additions, or deletions to this Grant that are required by changes,in federal and state laws or regulations are automatically incorporated into,this Grantwithout written amendment to this,Grant and,shal,l become effective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes are necessary to this Grant after an award has been made, includling changes to the period of performance or terms and conditions, Sub-recilpi,en,t shal,l be notified of the changes in writing. Once notification has been made, any,subsequent request for funds will indicate Sub-recip�ient's acceptance of the changes to this Grant. Hgadt bgs Hlead,in,gs and capt'ions of t�his Grant are only for convenience and reference. These headings and captions,shall not affect or modify the terms,and conditions,or be used to inte�rpret or assist in the construction of this Grant. V gflygl� Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas. SUSP&12.41!Qt1 In the event Sub-recipie�nit fails to,comipily with any term of thiis Grant,DPS/THSSAA may,,upon written notification to Sub-recipient,suspend this Grant, in whole or in part, withhold payments to Sub-recipient and prohibit Sub-recipient from incurring additio�nal obligations ofthis Grant J,s funds. TeLminA DPS/TH,SSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if DPS/THS,SAA determines that Sub-�recipient has failed to comipily with any term of this Grant. D,PS/T'HSSAA shall,provide written notice of the termination and includ�e� 1. The reason(s)for such termination; 2., The effective date of such term,i nation,- and, 3. In the case of partial,term,inationi,the portion,of this Grant to be terminated. Appeal may,be made to,the Deputy Director of Homeland Security, Texas Department of Public Safety. En&I-Ceme t 1' If Sub-recipient materially fails to comply with any term of this Grant,whether stated in a federal or state statute or regulation,an assurance, in a state plan or application,a notice of award,or elsewhere, DPS/THSSAA or DHS may take one or more of the following actions,as,appropriate in the circumstances: 1,. Temporarily withhold cash payments pending co�rrection of the deficiency by Sub-recipient or more severe enforcement action by DPS/-'FHSSAA or DHS; 2. Disallow,that is, deny both use of funds and maitc,hiing credit for,1 all or part of the cost of the activity or action not in compliance; Page 10 OF 18 3. Wholly or partially suspend:or terminate this Grant for Sub recipient's program; 4. Withhold'further awards for,the program; or 5., Take other remedies,that may be legally available. In taking an enforcement action, DPS/THSSAA will provide Sub-recipient an opportunity for a hearing, appeal, or other administrative proceeding to which Sub-recipient is entitled under any statute or regulation applicable to the action involved. The costs of Siub-reciplient resulting,from obligations incurred,by Sub-recipient during:a suspension or after termination of this Grant are not allowable unless DPS/THSSAA or DHS expressly authorizes them in the notice of suspension or term ination,or subsequently. Other Sub-recipient costs during suspension or after,termination which are necessary and not reasonably avoidable are allowable if 1. The canti s result from obligations which were properly incurred by Sub-recipient before the effective date of suspension or termination, are not in tcipation of it, and in the case of a termination, are non-can cell able1* and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedlies identified in this section, including suspension and termlination, do,not preclude Sub-recipient from being subject to"Debarment and Suspension" under E.O. 12549. 44 C.F.R. §13.35. Conflict of I No employee, officer or agent of Sub-recipient shall participate in the selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety., Clos' oLLhc t A. DP,,SrTHSSAA will close a sub-award after receiving Sub-recipient's final,quarterly performance report indicating that all approved work has been completed and all fund's have been disbursed, completing a review to confirm the accuracy of the reported,information,,and reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates,that Sub-recipient is owed additional funds, DPISITHSSAA will send,the final payment,automatically to Sub-recipient., If Sub-recipient did,not use all"the funds received, DPS/THSSAA will issue a Grant Adjustment Notice(G AN)to recover the unused funds. Sub-recipient will return the funds to the DPS/THSSAA within 30 days of receiving the GAN. B. At the completion of Sub recipient's performance period, DPS/THSSAA will de obligate all uncommitted/unexpended funds. C. The closeout of'this Grant does not affect* I. DHS or DPSfTHSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Sub-recipient p s,obligation to return any funds due as a result of later refunds,corrections, or other transactions, 3. Records,retention requirements,, property management requirements, and audit requirements,,as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Sub recipient or that govern,the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. Please; fill in the appr ►pin"ate information and certify by signing below that you have read, understood, and agree to the terms of thi's Grant Print Name of Authorized Official Title Ll'it,/ Sub reici t Organization APP 'OVED AS FORM AND LEGALITY: re of Authorized Official Date I Y, TOR, EY 0100 0*00 0 0 0 0 0 0 . 0 0 .4 0 by# 100, C) 0 4Y J, Kaysers City Paige 11 OF 18 . .................. 0 v 0 w a A got 00 0 -40 at A m dab 0 v too 0 wr w 1 . Will comply with the Laboratory Animal Welfare Act of 1966(P.,L. 9-544, as amended, 7 U.S.C. §§2131 yet seq.)which requires the minimum standards of care and treatment for vertebrate animals bred for c ommercial sale,used in research,transported commercially,or exhibited to the public according to,the Guide for Care and Use of Laboratory Animals and Public Health Service P,onlicy and Government Principals regarding the Care and Use of animals . 16. Will comply with the lead-Based Paint poisoning Prevention Act(42 U.S.C.§§480111 et seq.)which prohibits the use of lead-dowsed paint in construction or reha iliitetion of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 19,96 and OMB Circular r No.A-133, ""audits of States* local Governments, and pion-profit Organizations."' 18. Will comply with all applicable requirements of gull other Federal laws,executive orders, regulations, grant guiidence, and policies governing this program. Please fill in the appropin'"atel information and sign to certify this Exhibit A. Print Name of Authorized Official Title Sub—recipient Organization FORM AND LEGAL nature of Authorized fficial date � I ' ily ;ar, 411. Y* vq luily 000000 00" 11 % 000 4 116 408 io ()000000 Page 13 OF 18 1 w w 40 w dk a a A V Jill T 1?. Will assist the aw,ardling agency in assu ring compliance with Section 106 of the National Historic Preservation Act of 1 966, as amended (161 U.S.C. §4701), EO 11593,(idantiification and protection of historic properties)" and the Archaeological and Historic Preservation Act of 1974(16 US.C. 49a-1 et se . 18. Will cause to he performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular loo. -133""'Audits of States, local Governments" and lion-profit Organizations." 19. ''mill comply with all applicable requirements of all other Federal laws,executive orders" regulations, grant guidance and policies governing this program. Please fill in the appropriate information and sign to certify this Exhibit B, if applicable. Print lame of authorized Official Title Sulk-reci, ient Organization P V 'D AS TO FORM AND L.EGALSTY.", nature of Authorizecd6 icial Date R u Y'w OL Ka ► �er CW I � , 00 a 0 IWO 0 GO o 00()0000 ocy Page 15 Off. v w 0 m IF w a w w iw to HT WIN I ------ A Will w IN v Ap 10 ME ............ VA MAP IQ lb IF 0 IF SIR 6 w eJw wA I I 2-A M 10 T m FOCK&WA,SPIN NIEL" w w If w w w o W,V w W r v w 8, 10 9 w IF 1 . Shall comply with environmental standards,which may be prescribed pursuant to the following: a institution of environmental quality control measures under the rational Environmental Policy Act of 1969 P.L.91-190)and Executive Order(EO) 11514; b notification of violating,facilities pursuant to ECG 11738; (c),protection of wetlands pursuant to EO 11990; Cd evaluation of flood hazards in floodplains in accordance with E1O 11988; e assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1 972 16 U.S.0 C. §§14 1 et seq. ; C conformity of federal actions to Mate(Clear Air) Irnplernentation Plans under Section 176(c)of the Clear Air acct of 1955, as amended(42 U.S.C,. §§7401 et seq.,; g protection of underground sources of drinking water under the,safe Drinking Water Act of 1974, as amended P.L. 93-523); and(h) protection of endangered species under the Endangered,species Act of 1973, as amended P.L. 93-205).. 17. Shall comply with the 1 ""ildl and Scenic Divers Act of 1968 16 U.S.C . §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.> 18. Shall assist the awarding agency in assuring compliance with.section 106 of the National historic Preservation Act of 1966„ as amended 16 U.S.C. §470), EO 11 593(identification and protection of historic properties), and'the Archaeological l and Historic Preservation Act of 1974(16 U.S.C. § 49a1 et seq.,. 19. Shall comply with the Laboratory Animal Welfare Act of 1966 .L.. -544, as amended, 7 U.S.C. §§2131 et seq.)which requires the am standards of care and treatment for vertebrate aanimaals bred for cornmerciaal sale, used in research, transported commercially, or main�arn� exhibited'to the public according to the Guide for Care and Use of Laboratory Animals and Publlic Health Service Policy and Government Principals Regarding the Care and Use of animals. 20. Shall comply,with the Lead'-Based Paint Poisoning Prevention act 42 U.S.C. §§4801 et seq.)which prohibits the use of lead-based painit in construction or rehabilitation of residential structures. 21. Shall comply with the Pro Children act of 1994 Public Law 103-277),which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax formes. 23. Shall comply with all applicable requirements of all other federal and state laws,executive orders, regulations, and policies governing this program. 24. Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal governmentrs terrorism watch list aas described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at 25. Shall adopt and implement aapplicaabl'e provisions of the model'HIV ID,S work place guidel!inues of the Texas Department of Health as required by the Texas Health and Safety Code,Ann., Sec.85.001, et seq. Please fill a the appropriate information and sign to certify this Exhibit D. Print Name of Authorized Official Title Sub-recipient Organization APP VED AS ' FORM AND 4: natu of"Authorized'Official Cate �r AT on? &ay Set C ity 0 C 0. o � bo oho �w 00()0000 Page 1 F1 ",-M&C"Review Page I of 2 Officia site of the City of Fort Worth,Texas FoRT'Wonn CITY COUNCIL AGENDA COUNCIL ACTION:: Approved on 11112/2,012 -Ordianance No. 20499-11-2012 DATE: 11/12/2012 REFERENCE NO.: **C-25968 LOG NAME: 3620112HSGP CODEN- C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Acceptance of Fiscal Year 2012 Homeland Security Grant Fund's from the "State of Texas, Texas Department of Public Safety in the Amount of$2,753,629.851 Approve Execution of All Applicable Grant Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize,the acceptance of an award in the amount up to $2,,1753,629.85 of Fiscal Year 2012 Homeland Security Grant Fund's from the State of Texas, Texas Department of Public Safety consisting of: Urban Area Security Initiative grant, Catalog Federal Domestic Assistance, No. 97.067: $2,1151,709-85,; Urban Area Security Initiative Law Enforcement Terrorism Prevention Activities grant,, CF DA No. 97.008: $601r920.00; 2,. Authorize the execution of all applicabille grant contracts; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$2,753,629.85, subject to receipt of the award. DISCUSSION-' The United States Department of Homeland, Security (DHS)through the State of Texas, Texas Department of Public Safety awards grants to jurisdictions across the state to enhance local capabilities to prevent, respond to and recover from acts of terrorism, and natural disasters. The Urban Area Security Initiative (UASI) grant program encourages jurisdictions,to strengthen local, and regional preparedness efforts and to seek benefits available through cooperative action. Fundlinig, awarded, as part of the 2012 U'ASI and UASI Law Enforcement Terrorism Prevention Activities (LET , grants program will be used by the Fire Department, Police Department and other City diepartments,to, maintain and improve the community's capacity to prepare for, prevent and respond to terrorism, incidents and other natural disasters. The Office of Emergency Management will, coordinate with City departments in the development and' implementation, of grant,funded projects in the areas of threat assessment, risk reduction,, capability susitainment, plan development, public education and training. The performance period of the UASI grant is from September 1, 2,012 to May 14, 2014. This grant has no local match requirement. FISCAL, INFO RMATI'ON/CERTIFICATIO,N: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant, and adoption of the attached appropriation ordinance, funds, will be available in the current operating budget, as appropriated, of the Grants, Fund. http-//apps.c:fwnet.org/council _packet/mc--review.asp'.?ID 17'583&counc,l*ldate==11/1,2/2,012 11/13/20,12 M&C Review Page 2 o�f 2 TO Fund/Account/Centers FROM Fund/Account/Centers G '61 451217 OX36442607 10, $2,151 709.85 GR76 451217' 0,3644260,8000 $60!1 1920.00 GR76 L5 $2,151,709.85 VARIOUS) 03644260'7XXX G 7 L5 $601,9201.00 VAR 10 36442608XXX Su milted for City Ma,na ger 11 s Office b CharDaniels les D (6 199) y� O,rig inn twing Department Head: Rudy Jackson (68,05) Addaltloonal ln�format,ioln� Contact: Pat Vasquez (6525) Juan Orti'z (6,173) ATTACHMENT'S 3162012HSG,P AO1 3,.doc FORT WORTH CITY OF' - 2012 D,F'WA UA,S,I,,,.pdf I FORT' WORTH CJTY OF - 2012 UASI LE.pdf hap-,Hap s.cfwne .o rg/colunci I_packet c rc ° c .asp'?l D=:17 583&counc 11 date=I 1/]2/2012 11/13/2012