HomeMy WebLinkAboutContract 42782-GA3 VIII III
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Texas Department of Public Safety
2011 Grant Adjustment Notice
for
City of Fort Worth
Jill
Date of Award:January 31,,2014 Prepared r r 011
1M.E I I I r r r
Federal Grant Title: l
Homeland r Program
Urbian Area Security Initiative Program (U�ASI)
Mayor Betsy Pr�ice Federal Grant Award Number.., EMIIW-2011-SS-010�019
City of Fort Worth
1000 Throckmorton Federal Granting Agency.-I epartment o Home an Security FEMA
Graint Programs Directorate
Fort Worth,TX ,r
Date Federal « to TxDPS-.
11 A- 9i7,067
Grant Period:
UASI From: To:
e 4
$2,639,702.81
invoices by r of grant period),
7.Statutory Authority rDepartment p Act 2011 w
and Section 2003 of the Horneland' Security Act of 21002, as amended by section 101 of the Implementing Recomimendati�on,s of the 9/11
Commission Act, 'MY
Im 11
a
19,Debarment/Suspension Certification-.The Slub-Reciplent certifies that the sIub-reciplent and its contra ctors/venI do rs are not
debarred,suspended, p:roipo�sed for debarment, declared iineligib�l�e or voiluntariliy excluded by any federal department or agency and do
not appear in the Excluded Parties List System at I
re � iw r r
Approving ' , of i
Deputy ,r Director
Texas Homeland
State Administrative Agency
Texas Department
I have read, understood and agree to this Sub-Recipient Agreement and the attached Terms anid Conditions.
Print name r title . r r r r
Charles Daniels 7 J44,60 'llaraw
Assistant City I
Manager
Enter Employer Identification Number(EIN),1,1?'� Date Signed
R
Federal ax Identificatio
r 16
■ 073170458
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due date.
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ZU1 1TERMS AND CONDITIONS
I'll...... NINE-
In
71 structions.-
The Sub-recipient must
1. Fill in the information and sign the Sub-RecipientAward,
2, Certify they have read and understand the Te�nns and Conditions by initialing the bottom of each page.
3. Fill in the information located on Page 4.
4. Certify,to the statements provided in Exhibits A,8, C and D located at the back of this document by filling in contact information
and signing all exhibits.
5. Return all documents to the DPSITHSSAA on or before the data provided in the transmittal letter andlor in the agreement,
adju to.:2& ItAmement
This Sub-recipient Agreement(includes the Sub-recipient Award and the Terms and Conditions)is made and entered into by and between
the Department of Public Safety/Texas Homeland Security State Administrative Agiency, an agency of the State of Texas, hereinafter
to It i "Sub-recipient." Furthermore, DPS/THSSAA and the
referred to as DPS/THSSAA, and the funds recipient, hereinafter referred to as the
Sub-recipient are collectively hereinafter referred to as the"Parties." The Sub-rec,ipient Agreement is only an offer until the Sub-recipient
returns the signed copy of the 2011, Daub-recipient Agreement on or before the date provided in the transmittal letter and/or in the
Sub-,recipient Agreement Award.
Sub-recipient may not assign or transfer any interest in this Sub-recipient Agreement without the express,, prior written consent of the
D,PSITHSSAA.
Qnna,ew and 8edmnance :StandaLda
All allocations and use of funds under this grant miust be in accordance with the FY 2011 Grant Program Guidance,for the Federal
Grant Title specified on the Sub-recipient Agreement,Award.All award Sub-recipients are required to have read', understood and
accepted the FY 2011 Grant Program Guidance as binding.
�Jaadard gf E?,rfQrMa0ce.The Sub-recipient shall perform all activities and projects entered into the DPS/THS!SAA web-based grants
management system which were approved by the THSSAA.The Sub-recipient shall perform alll activities in accordance with all terms,
I
provisions and requirements,set forth in this Sub-recipient agreement,Terms and Conditions and the following Exhibits located at the end of
this docurment:
1. Assurance,--1''on-Clonstruction Programs, hereinafter referred to as"Exhibit A"
2. Assurance—Construction Programs, hereinafter referred to as"Exhibit B"
3. Certification,, h,e!reiinafter referred'to as"Exhibit C"
"Exhibit V
4. Assurance—From LIGIVIS§ .14 hereinafter referred to as I
Fail Urg to.,egdQrm. In the event the S,u�bi-recilp�ilent fail's to implement the project(s)entered into the D,PS/THS,S�AA web-based grants,
management'system, or comply with any of this Sub-recipient agreement's provis,ions,, in addition to the remedies specified in this
Sub-recipient agreement,the Subl-recipient is liable to DPS/T'H'SSAA for an amount not to exceed the award amount of this Sub-recipient
agreement and may be barred from applying for or receiving additional DHS/FE,MIA grant pro'grarn funds or any other federal program funds
administered by DPS/TH�SSAA until repayment to DF`,S/THSSAA is made and any other compliance or audit finding is satisfactorily
resolved. Failure to timely implement projects may reduce future funding in additional DHS/FEMA grant programs administered by the
DPS1THSSAA.
D,ES.2EH___S:SA.A Qhfiagfitgons
Ugaswure gfUailitv. DPSITHSSAA shall not be l'iabl'e to the Sub-recipient for any costs incurred by the Sub-recipient that are not alliowable
costs.
S,Ub-rggiQient 6greeMgnJ Fund s Defingd and Limit of Liability,,The term""Sub-recipient agreement funds"as used in this Sub-recipient
agreement means funds provided by DPS/THSSAA under the DHS/FEMA grant programs., The tens funds"or match,funds
as used in this Sub-recipient agreement means,funds provided by the Sub-recipient
Notwithstanding any other provision,of this Sub-recipient agreement,the total of alll payments and other obligations incurred by
DPS/THSSAA under this Sub-reciplient agreement shall not exceed the Total Award Amount listed on the Sub-recipient Award.
Sub-recipient shall contribute the match funds listed on the Sub-recipient Award.
I
Exp&ss Pay_MQpt6§.,The Sub-recipient shall refund!to DPS/THSSAA any sum of Sub-recipient agreement funds that has been paid to the
i /T
Sub-recipient by DPS/THSSAA or that DPS/THSSAA determines has resulted in overpayment to the Sulb-relcip ent or that DPS HSSAA
i
determines has not been spent by the Suib-recipilent in accordance with this Sub-recipient agreement. No,refund paym�ent(s)may be made
from local,state or federal'grant funds unless repayment with grant funds,is,specifically permitted by statute or regulation,. The
Sub-recipient shall make such,refund to DPsrrHSSAA within thirty(30)days after DPS/THSSAA requests such refund.
Initial &�6� Date
Page 2 OF 18
V
y gI nsio
In the event the Sub-recipient fails to comply with any of this Sub-recipient Agreement's terms, DPS/THSSAA may, upon written notification
to the Sub ,suspend this Sub-recipient i nt agreement in whole,or in part"withhold payments to the Sub-recipient and prohibit the
rec� dent
Sub-recipient from incurring additional obligations of Sub-recipient agreement funds.
0
n fen
DP' `!TH Right Terminate. DPS/THSSAA shall have the right to,terminate this Sub-recipilent agreement, in whole nr,in part, at any
end of the Performance Period,whenever PS THSSAA determines that the Sub recipient has failled to comply with any of
time before the " � . .
this Sub- p Agreement's terms. PSrFHSS shall notify the S,ub-recipient in writing ting prior to the thirtieth Goth)day preceding the
reci ient� ree ent
termination of such determination and include:
1.. the reasons for such termination;
2. the effective date of such termination; and
3. in the case of partial termination, the portion of the Sub-recipient agreement to he terminated.
Appeal may be made to the Deputy Director of Homeland Security",, Department of Public Safety.
In taking an enforcement action"the a awarding agency will p r ide the sub-r ecwp ient an o ortuni ty for hearir !" a appeal, or other
administrative proceeding to which the sub-recipient is entitled under any statute or regulation applicable to the action involved.
Cgn&at of InLer
No
employee" officer or agent of the sub-recipient shall participate in selection" or in the award or administration of a contract supported by
Federal funds if a conflict of interest" real or apparent would)be involved.
k ri
Sub-recipients will be monitored periodically by federal,state or local entities„ both programmatically and financially" to ensure that project
goals, objectives" performance requirement,timelines, milestone completion, budget, and other related program criteria are being met.
DP,S/THSSAA or its authorized representative reserves the right to perform periodic desk/office-based and/or on-site monitoring of the
Subi-recipient"'s compl'i'ance with this Sub-recipient agreement's terms and conditions and of the adequacy and timeliness of the
Suub-recipient"s performance pursuant to this;dub-recipient agreement. After each monitoring visit, DPS/THSSAA shall provide the
Sub-recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub-recipient's performance
under this Sub-recipient agreement's terms"the monitoring report shall include requirements foir the timely correction of such deficiencies by
the Sub-recipient. Failure by the Sub-recipient to tale action specified in the monitoring report may be cause for this Sub recipient
agreement"s suspension or termination pursuant to the Suspension and/or Termination Section.
udit
i The Sub-recipient shall arrange for the performance of an annual financial and compliance audit of
Sub-recipient agreement
p Sub-recipient nt agreem nt as requlired by the Single Audit
p g � performances rendered under thin dub-�rec� ie �e
nnent fund's received and e
Act OMB Circular A 133"44 C.F.R. 1 3.2b . The Sub-recipient will also comply,as applicable,with Texas Government Code" Chapter
78 3) 1 TAB 5.1'41.et. seq. and the Uniform grant Management standards � � , State Unliform Administrative Requirements for Grants
l
and Cooperative Agreements.
General of the
ighAu ��it. The dub-recipient shall give the United Mates Department of Homeland Security HS ",the Comptroller
United States,the Texas Mate Auditor" DPS/THSSAA,or any of their dlully aultho:rized representatives, access to and the right to conduct a
financial or compliance audit of Sub-recipient agreement funds received and performances rendered under this Sub-reciipient agreement.
The Sub-recipient agrees to permit DDS/THS AA or its authorized representative to audit the Sub-recipient's records.The sub-recipient
shall provide any documents, materials or information necessary to facilitate such audit.
--r i i n' i ili f r Qisallgwed Costs,, The Sub-recipient understands and agrees that it shall be liable to DPSITHSSAA for any
cosh disallowed pursuant to financial and compliance audits of Sub-recipient agreement ecipient further understands
p� p p g
nt ands. e u r
and agrees that H SAA of such disallowed costs shall be paid l by the Sub-recipient from funds that were not
reimbursement to�F",�lT
i at the ub-re i ien pursuant to this Sub-reci dent agreement or an other federal contract.
provided or otherwise made available to e� c p t p p g y
l= mli f A T' facilitate thin performance of such audits)conducted
�- � " ��� � � � take
Sub-recipient shall� such action to � ci
ant i Section as PS/THSS� may require of the Sub-reci ient. The Sub-recipient shall ensure that this clause concerning the
pursuant to this e y ! p p g
authority to audit fund's received indirectly by subcontractors through the Sub-recipient and the requirement to cooperate is included in any
subcontract it awards
QMOL ReatJ M .............
A. During the p emforman period o
f this grant, Sub-recipient government t
jurisdictions
r
ust
maintain n
an l• mier enc y Pa
na g enen
Plan
at the Intermediate Level of planning preparedness or h i� her" as Texas Division o Emergency Management(T'DE ).
This may a accomplished s e y a jurisdiction maintaining its ern emerge nc y management plan or participating un an inter-jurisdictional
emergency management program that meets the required standards. If TC F identifies deficiencies in the government
jurisdiction's plan, Sub-recipient will correct deficiencies within 610 days of'receiving notice of such deficiencies from TDEM.
Initial late e ,l �
Page 3O I
B. Projects identified in the DPSfTHSSAA web-based grant management system oust identify an
d relate to the gals and o
b'ectives
indicated b the applicable a pp roved project investments for the period of performance f te ran "Sub-recipient � submit project
fans' narrative and budget to DPS/THSS and FEMA if r� ur d f or a p royal prior expending,or requesting advances of any fu
n
ds
r this award. During the erf rm rce period of this grant, Sub-recipient agrees th t it will p rticil ate in a legally-adopted county a n do r
re lional mutual aid agreement.
C. Curing the performance period,the Sub-recipient roust be a registered user of the Texas Regional Response!Network TRPI
for other
response asset inventory management system specified DPS/THSSAA and roust identify all ma r
. M. vehicles and
p � p for resources such as ve
trailers, equipment costing$5,000 or more,and speciallized 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 male grant
funded/ resources available to other jurisdictions through mutual aid.
D. Sub-recipients,must
submit Fiscal Year 2010 Indirect host Allocation Plan sig ned h Cognizant Agency.
"Cognizant a g env y"'means the
Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost ro owls developed under 2
CFR Part 225 n behalf of all Federal agencis. o publishes a listing of cognizant agencies. 'Phan should be forwarded to the
CPSJTHSS .. p
E. Regional Planning Commissions/Council of Governments(Cots)will l follow guidelines listed in the DPS/THSSAA PY2011 Coca
Statement of Work.
P" Sub-recipient acknowledges That IFEMA National Preparedness Directorate reserves a royalty-free, non-exclusive, and irrevocable
license to reproduce, publish, or otherwise use,and authorize others to use,for government purposes: 1 the copyright in any work
developed under an award or sub-awward;and 2 any frights of copyright to which a recipient or Sub-recipient purchases ownership with
Federal support.The sub-recipient agrees to consult with DPS/T"HSSAA regarding the allocation of any patent rights that arise from,or are
purchased with,this funding.
� th,,e,,,,11,_Qr@nt
A. The Sub-recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the end
of the performance period listed on the sub-recipient agreement.
B. DPS/THSSAA will close a sub-award after receiving Sub-recipient's final 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,aund reconciling
actual costs to award modifications and payments. If the close out review and reconciliation indicates that the Sub-recipient is owned
additional funds, DPS/THSSAA will send the final payment automatically to the Sub-recipient. If the Sub-recipient did not use all the funds
received, DPS/THSSAA will issue a Grant.Adjustment'Notice GA to recover the unused funds. Sub-recipient wvilll return the funds to the
DPS1THSSAA within 30 days of receiving the GAN.
Cr At the completion of the sub-recipient"s performance period, IMPS/THSS will de-obligate all uncommitted unexpended funds..
and NQff9.!Q,9
A. In causes where local funding is established by a COG or! ASI governing board, the release of funds by DPS/THSSAAw is contingent
upon funding allocation approval by the governing board.
B. Notwithstanding any other agreement provisions, p d agree that PS/THSS 's obligations under this
understand an
the artier hereto I � ' i' hereunder, H P
un
agreement are contingent upon the receipt of adequate funds to meet I PS/THSS s liab lities he eu , except as required by S�
grant. DPS/THSSAA shall not be liable to the Subrecipieint for costs under this Agreement which exceed the amount specified in the
Sub-recipient.Award.
C. All notices or communication required or permitted to be given by either party
her
eunder shall be deemed sufficiently given if mailed by
y
registered maul or certified u le mail, receipt requested,� or sent overnight such as Federal Express,or Loan Star,to the other
party at its respective address set forth below or to a. Point of Contact listed for the sub recipient in the DP,S/TH SAA Grants Management
System.
rW ( r"... ,,,,,,,,. .,,,, .,uu�r ,, -„, ,, wrtrunrrrtirfrrrtmi mr rriwu �rNw�ur, u�' „,,, murrMrridrkaoi dPPY'kkwm lXp�rcaNWrm iart ...rM7frrorrirrt(irtrWf'axr. ,:r:,, „ � ,,, _., ...,
C P"S/THSS A Contact Information Sub-Recipient,pen Contact Information
lr ation
(Please F ill-In contact Information below)
4WuM� �uW uNo � � ..rir�wa"' (xma ,,,,ii�u"uuuu�w.rt'uoir««rtiRnlrrt rrrromimrrrwmww rrwu'uwauAUwrtrrr�iw wwuioo4ww vo lr�iffmlRi�aRfiwwVJ✓J,t>�iOfGmuCd � 'ffRRfrt ffri Gaaw WartmfmrtmGwoGUuGrt'w'w'mffnlf(fifiWNrmwmmn ffniu urVM1V (WI(�if`w
Deputy Assistant director, lame:Juan Ortiz
Texas Homeland Security State Adman. Agency Ti'tl'e: Emergency IManagement coordinator
J,
Texas!Department of Public Safety Agency: City of Fort Worth
P.O. Box 4087 ;Address: 1 000 Throc Orton St.
Austin,TX 78773-0220
Fort Worth TX 1 o2
Uniform Admiffl.4 to dy-e R e u 1"Le.m le !C o 5 t-PAn,c als and Audit Realliremenfl.
Except as specifically modified by law or this Sub-recipient agreement's provisions,the Sub-recipient shall administer the,award through
compliance with the most recent version of all applicable Laws,and Regulations. A non-exclusive lust is provided below.
A. Administrative Requirements
a irement
1. 44 C.F.R. Part 3, Uniform Administrative requirements for Grants and Cooperative Agreements to State and Local Governments;
2. 2 C.F.R. Part 215,, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, H'ospital's and
Other/"Moir/-Profit organizations(OMB CircularA-11o .
3. 44 CFR Part 10, Environmental Considerations
i
l n utu aI .",,. Date ,.�
Page 4 OF 18
Cost Principles
1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments(OMB Circular A87
2. 2 C .F.R. Part 2 ,,, Cost Principles for Education Institutions(OMB Circular A,- 1
3. 2 C.F.R. Part 230, Cost Principles for on-Profit Organizations(OMB Circular A-122)
4. 48 CFR 31.2, Federal Acquisition Regulations(FAR), Contracts with Commercial)Organizations
C. audit Requirements- OMB Circular A-133,Audits of States,Local G i ernme is and Non-Pro Organizations.
' . Grant Guidance
The sub-reciplient agrees that all allocations and use of funds under this granill be in accordance with the applicable F 2011' Grant
Program Guidance and application Hit and supplemental resources, e.g., for meland Security Grant Program currently available at
hft :/ fema.g v/txVgo ernirnent/ ran 201°11f l 1_h gp_kit.txt;for Region Catastrophic Preparedness Grant Program,
p
hfp-// .fema.gov/txt/government/grant/20'1'1/fyl 1. repgp_ i"t.t:t;for Operations ns Center Grant Program
hftp-//www.fem a.gov/`txt/g�o ernment/ rant/2011 fy11 eeic kit and Nolnprof it Security Grant Program,
hftp.,//www.fema.gov/txt/goviernment/grant/201 1'/f l 1_nsgp ki't"tit.
LobbV16ngP_Mh&(gd
Sub-Recipient understands and agrees that it cannot use any federal funds,a then directly or indirectly in supports of the enactment, repeal,
modification or adoption of any law, regulation, or policy, at any level of gover ment,without the express prior written approval of FEMA.
non l.&
The Sub-recipient, as soon as possible upon receiving their grant award, mus provide information to DPS/THSSAA to assist with the
legally-required environmental planning and historic preservation(EHP)revile and to ensure compliance with,applicable EHPl laws and
Executive Orders(EO)currently using the FEMA EHP Screening (Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting,itil
with all supporting documentation,to I P�'/TH SAA for review.,These EH'P requirements include but are not limited to National
Environmental Policy Act, National Historic Preservation Acts Endangered Species Act, ECG 11 g —Floodplain la'nagement, ECG 11990
Protection of Wetlands, and ECG 12898--Environmental Justice. The recipient must comply with all Federal, State, and'local)EHP
requirements and obtain applicable permits and clearances. ,See FERIA Inforrinat,ioln Bulletin 329.
Recipient shall not undertake any written activity from the project that would result in ground disturbance, fbcillity modification,or purchase
and use of sonar equipment without the prior,approval of FEMA. These iinclu a but are not limited to communications towers, physical
security enhancements involving ground disturbance, new construction,and odifications to buildings that are 50 years old or olden
Recipient must comply with,all mitigation or treatment measures required''for t le project as the result of FEMA's EHP review. Any changes
to an approved project description will require re-evaluation for compliance wwi h EHP requirements before the project can proceed. If
ground disturbing activities occur'during project irnplernentation,the recipient llnust ensure monitoring of ground disturbance and if any
potential archeological resources are discovered,the recipient will immedliatel t cease construction in that area and notify FEMA and the
appropriate State Historical Preservation Office. Initiation of these activities Ip for to completion of FEMA's EHP review will,result in a
non-compliance finding and may not be eligible for grant funding.
N0Nlg11tg
.�gn imd AccegAbffly qf Records
Retgption of Re ord! . The Sub-recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub-recipient
agreement funds pursuant to the applicable OMB Circular, 44 CIF`R Section 1 w42, UGMS§_.42, and this Sub-recipient agreement. The
Sub-recipient shall retain these records and any supporting documentation for a minimum of three 3 years from the later of the completion
of this p'roject's public objective,submission of the final expenditure report an g litigation,dispute,or audit. records shall be retained for 3
liti
years after any real estate or equipment final disposition, The DH' SS may direct th'e subi-recipieint to retain documents or to
or l�P�/T
transfer certain records to DHS custody when DHS determines that the recorlUis possess long term retention value.
Acge2a �
The Sub-recipient shall give the United States Departme it of Homeland Security(DHS,),the Comptroller General of the
United States,the Texas State Auditor, DPS/THSSAA, or any of their duly authorized representatives, access to and the right to examine all
boobs,accounts„ records, reports,files,other papers„ things,or property belonging to or in use by the Sub-recipient pertaining to this
Sub-recipient agreement including records concerning the past use of H�S/FE A funds. Such rights to access shall continue as Tong as the
records are retained b the Saab-reci ient. T e Sub recipient agrees to ma" ion and to provide
y p maintain such records an an accessible locat� '
citizens reasonable access to such records consistent with the Texas Public Information Act Texas Government Code Chapter 552.
Inclusign,in Subcontral The,Sub-recipient shall include the substance of the Retention of records and Access to Records sections in all
subcontracts.
After.Aglio Rggorl The Sub-recipient shall complete'd'eliver to the appropriate source,,,and retain copies of all after-action and
certificates of completion for all training and exercises paid for by this grant.
Leaal AuLhority
that the Sub-recipient es the legal authority to enter into this
agreement, receive Ven assures and guarantees rec� yen case
The
Sub-recipient ag Sub-recipient agreement funds and to pierformi the services the Sub-recip'ient has obligated itself to
perform pursuant to this Sub-recipient agreement.
AuthoriZgd The person or persons signing and executing this Sub-recipient agreement on the Sub-recip'ient11s behalf do
warrant and guarantee that he, she or they have been duly authorized by the,dub-recipient to execute this,Sub recipient agreement on the
Sub-recipient's behalf and to validly and legally bind the Sub-recipient to all contractual terms, performances and provisions.
Initial 40171ei bate 404?,s
Page 5 OF 18
L_
ConfligJ2 io Rea If conflict exists between federal, state, or local requirements,the sub-recipient shall comply with the,strictest
requirement.
No�tir,"t Lftation slildQla
The Sub-recipient shall give DPSITHSSAA immediate notice;in writing of any action, including any proceeding before an admin�istrative
agency,filed again�st the Sub-recipient arising out of the performance under this Subl-recipient agreement.
Except as otherwise directed by DPSrrHS,SAA,the Sub-recipient shall furnish immediately to DPS/THSSAA copies of all documentation or
pleadings received by the Sub-relcipi�ent with,re:spilect to such action or claim.
01
Non-.WAi r of Def
.aglts
ANY FAILURE OF DPs/THSSAA,AT ANY TIME, TO ENFORCE OR REQUIRE THE STRICT KEEPING AND,PERFORMANCE OF ANY
PROVISION OF THIS,AGIREEMENTWILL NOT CONSTITUTE A WAIVER OF SUCH PROVISION, AND WILL,NOT AFFECT OR IMPAIR
SAME OR THE RIGHT OF'DPS/THSSAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE
UNLESS DPS/THSSAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPS/THSSAA SHALL NOT
CONSTITUTE A WAIVER OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT POWER, PRIVILEGE, OR REMEDY AVAILABLE TO
DPS/THSS,AA TO ENFORCE ITS RI�GIH�TS,,AS SUCH RIGHTS, POWERS, PRIVILEGES, AND REMEDIES ARE SPECIFICALLY
PRESERVED.
0
Indgimnlit
AS PERMITTED BY LAW, SUB-RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD DPS/THSSAA AND THE STATE OF'TE,XAS
(INCLUDING ITS DIRECTORS, COMMISSIONERS, EMPLOYEES,AGENTS AND THEIR SUCCESSORS)("INDEMNITEES")HARMLESS
FROM AND AGAINST ANY OF THE FOLLOWING THAT ARISE OUT'O�F OR RESULT FROM SUB-RECIPIENT'S NEGLIGENCE(ANY
AND ALL), FAU�LT�,ACT, FAILURE TO:ACT, OMISSION, BREACH OF THIS AGREEMENT OR VIOLATION OF ANY STATE OR
FEDERAL LAW AND/OR RIEGuLATiONI AS WELL AS ANY VIOLATION OF ANY MATTER MADE THE BASIS OF A TRE'ATY ANID/OR
CONVENTION AND/OR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS; DAMAGES;
LIABILITIES; PENALTIES;TAXES; FINES; INTEREST; EXPENSES(INCLUD,ING,WITHOUT LIMITATION,ATTORNEYS" FEES, COURT
COSTS, INVEsTIGATION COSTS AND ALL DIRECT OR INDIRECT COSTS OR EXPENSES INCURRED IN DEFENDING AGAINST ANY
CLAIM, LAWSUIT, OR OTHER PROCEEDING,, INCLUDING THOSE EXPENSES INCURRED IN ANY NEGOTIATION, SETTLEMENT, OR
ALTERNATIVE DISPUTE RESOLUTIO,N)�;ANY AND ALL DAMAGES, HOWEVER CHARACTERIZED, SUCH AS DIRECT, GENERAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND(INCLUDING LOST REVENUES OR
PROFITS,, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA)ARISING,OUT OF OR IN CONNECTION WITH OR RELATED TO
THIS A,GREEMEN�T'OR THE RIGHTS PROVIDED THEREIN.
IN ANY AND ALL CLAIMS AGAINST ANY OF'THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB-RECIP�IEN�T OR ANY EMPLOYEE
OF ITS SUBCONTRACTOR(S), THE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT WILL NOT BE LImrrED IN ANY WAY
BY THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE SUB-RECIPIENT OR ANY
OF ITS SUBCONTRACTOR(S�)UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS,ACTS,OR OTHER
EMPLOYEE BENEFITS ACTS.
SUB-RECIPIENT SHALL COORDINATE ITS DEFENSE AND ANY SE,TTLEME'NT WITH THE ATTORNEY GENERAL FOR THE STATE
OF TEXAS AS REQUESTED By THE DPSrFHSSAA,, IN ANY SETTLEMENT, SUB-RECIPIENT MUST NOT MAKE ANY ADMISSION OF
LIABILITY ON THE PART OF ANY OF THE INDEMINITEES.
TH�IS SECTION SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION OR
RIGHT WHICH ANY OF THE�INDEMNITEES HAVE BY LAW OR EQUITY.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Qh,
,ana%&and Amendmentg
Moj&,Btion. F'EMA or the DPS/THSSAA may change the award document after an award has been made. Once notification has been,
made in writing, any subsequent request for fund's indicates,subi-recipient's acceptance of the changes to the award.,
Written Amendmg,ni. Alterations, additions or deletions to this Sub-recipient agreement's terms,such as changes to;period of performance
and award amounts,will be made through Grant Adjustment Notices generated by the DPS/THSSAA web-base�d grants,management
system and executed by,the Parties.
AW1,bgrity,to Am
_qnd. During the period of this Sub-recipient agreement's performance DPS/TH:SSAA and/or FEMA may ISSUe Policy
directives,that serve to,establish, interpret or clarify this Sub-recipi'ent agreement's performance requirements. Such pollicy directives shall
be promulgated by DPs/THSSAA or FEMA in the form of Information Bulletins and Sub-recipie�nt Manuals,and shall have the effect of
qualifying this Sub-recipient agreement's terms,and shall be bli�ndi�ng upon the Sub-recipient as if'wriften in the Sub-recipient agreement.
Effg-ct of Chapgga in Fgderal and�Jgte LaXjs_,. Any alterations,additions,,or deletions to the;Slu�bi-re,ciplilen,t agreement's terms that are
required by the changes in federal andstate laws or regulations are automatically incorporated into this,S,u�b-rec,ipient a,gl relement without
written amendment to this Sub-recipient agreement and shall become effective on the date designated by such law or regulation., In the
event FEMA or DP,S[THSSAA determines that changes are necessary to the award'do!cument after an award has been made, including
changes to period of performance or terms and conditions, recipients will be notifie�of the changes in writing. Once notification has been
made, any subsequent request for funds will indicate sub-�recipient acceptance of the changes to the award.
Initial 49� Date
Page 6 O�F 18
a 9
rleadinas
Headings and captions of thiis Sub-recipien,t agreement's sections,and paragraphs,are only for convenience and reference. These head:ings
and captions shall not affect or modify this Sub-recipient agreement's terms or be used to interpret or,assist in the construction of this
Sub-recipient agreement.
Menu
For purposes of litigation pursuant to th�is Sub-rec�i,plielnt agreement,,venue shall lie in Travis,County, Texas, and be governed by Texas,Law.
,Qtgr Go"r I Cgnditions
DUN�l NLLmbger. Sub-recipient confirms,its Data Universal Numbering Systems Number(DUNS)is the number listed:on the Sub-recipient
agreement award. Data Universa,l Numbering System(DUNS)number means the nine digit number establ'ished and assigned by Dun and
Bradstreet, Inc., at 866/705-5711 or http*Hfe�dgov.d'nb.com/webform.
Central Q g_Q,trgctor Eeai§J[a1igU and Ql3iy_gr§g1 Idetitifler RglaWjLQM!2,pJ§. Su�b-reciplient maintains that it has registered on www.ccr.g,ov, and
entered DPS/THSSAA-re�quired information. See SAA Information,Bulletin., Subl-recipient will keep current, and then review and update the
CCR information at least annually,at the beginning,of September of each year. Sub-recipient willkeep,information current in Central
Contractor Registration database until the later of when it submits this grant's fina:l financial report or receives final grant award payment.
Sub-recipient agrees that it will not make any subaward agreement or contract related to thli�s award without first obtaining the
vend o r/s u:bawa rdee's mandatolry D,U N S nu m be r. See se cti o n .210 of'O M B C i rcu lar A-133,Au�d its of States, Local G overnments, a nd
Non-profit Organizations.
,f3!gportLnct-Total,Q,o.mpgnsation of�Ijb-recigill Executives.,2 CFR 170.320; see FE,MA Information Bulletin 350; SAA Information Bulletin�.
1.Applicability and what to report: Sub-recipient must replort whether Sub-recipient received$25,miillioln olr more in Federal procurement
contracts or financila!l assistance subject to the Transparency Act per 2 CFR 1701.31201. Sub-reciplien�t must report whether 80%,or more of
Subi-recipi,enit's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub-recipient answers
(Ives,"to,both questions, Sub-recipient must report, along with Sub-recipient's DUNS number,the names and total compensation(see 17
OR 229,402(c)(2))for each of the Sub-recipient's five most highly compensated:executives for the preceding completed fiscal year.
2.Where and when to report. Sub-recipient must report executive total'compensation at 28M&&,r,ggv. By signing this agreement
Sub-recipient is certifyin that, if required, Sub-recipient's jurisdiction has already registered I, entered the requ,ilred information, and agrees to
keep information in the&ntral Contractor Registration database current and update the information at least an�nu�ailly at the beginning of
September for each year until the later of when the jurisdiction submits it;final financial replolrt or receives final payrlent. Sub-recipient
agrees that it wiill not make any sublaward agreement or contract without first obtain�ing the s,ubawardee's mandatory,DUNS number.
!Q,,Qntract Provisign�., All contracts executed under this award will contain the contract provisions listed under 44 CFR 13.37(b), Uniform
Administrative Requirements for Grants and'Cooperative Agreements to State and' Local Governments.
C ntraicts wlith DgbgrLed g[Sgs nd!!I��Parties. Prior to contracting with any vendor or subawardee,the Siub-lrecipient will determine
__g,
whether the vendor/su�bawardee is debarred, suspended, proposed for debarment!declared inelig,ible or voluntarily excluded by any federal
department and agency and will confirm the vendor/s,ubawardee does not appear in the Excluded Parties List System, currently at
www.epils.g ov./search.do.,
Direcl D2Q0SjJ Since September 11, 20111, Sub-recipient has either forwarded or is currently forwarding to DPS an,updated direct,deposit
form currently av,ailab�le at hag.,UMm.Miin dg&.alilIg-12�-Ws8Mj nfo/tpxfg rm,aLL4-1 76,r)�_df Subi-recip,i�ent may s,imultaneously sign up,for the
Advance Payment Notification email feature which provides state of Texas,payees with a one-bus,iness-day advance notice that a direct
depos,it payment has been sent to their financial institution.,After receiving an APN, payees may securely access their payment details onlline.
egint§of Conta=. Within 30 days of any change, Sub-recipient will enter, confirm, and/or correct the chief elected official, program,
and/or financial points of contact in the DPS/THSSAA grant management system.
2u12igaJion,§.All publications produced as a result of this funding,which are submitted for publicationin any magazine,journal, or trade
paper shall carry the following: "This material is based upon work supported by the U.S. Department of Homeland Security. The views and
conclusions contained in this document are,those of the authors and should not be interpreted'as necessarily representing the officiall
policies, either expressed'or implied, of the U.S. Department of Homeland Security.00
Q.ua[Wrlv PerforlMiInce Rep,gr
tg. The sub-recipienit will submit performance reports and progress reviews per DPS/THSSAA and/or FEMA's
directioini. Currently most reports,are entered into the grants management system. For Homeland Security Grant Program, Emergency,
Operations Center Grant Program, Regional Catastrophic Preparedness Grant Program and Non-profit awards performance reports are
currently due on each January 20,April 20, J'uly 20 and October 20. The final report is to be filed the,quarter after the end of Sub-reciplients
performance period'. Failure to timely complete performance reports will resuilt in the Sub-reci�plienit being unable to request additional
reirribursements/advances.
Cgritrolled 1Jtic_lesajfied 1[LfQrM.&Q0- Some information and materials provided pursuant to or resulting from this Award may be export
controlled,sensitive, for official use only or otherwise protected by law, executive order or regulation. The sub-recipient is responsible for
compliance with all applicable laws andregulationS.
Initial &PT6� Date 492 a /A 140l
Page 7 OF 18
Security ' m . Sub-recipients of this award shall use their own security procedures and protections to protect Sensitive Information
receive d or distributed under this Award'. The sub-recipient shall also establish procedures to provided reasonable assurance that no
Sensitive Information will be developed or generated under this award. Such security procedures should include procedures(e.g.,security
check farms, type of background check investigations performed if necessary)and re uiremen nts for successful adjudication of the e of
background check/investigations, lerformedl to determine the suitability of sub-recipients'personnel requiring recurring access to
government facilities or access to Sensitive Information provided undue this award.A copy pof the
proposed
Non-Disclosure Agreement for the sub-recipients'personnel shall be submitted to the l /Tl-SSA wit in two,procedures s er signing i
� �� �thin
agreement. The sub-recipient gill be notified of any concerns that may be identified once the security procedures are forwarded and
reviewed by DHS.
Sgnsilive Informatign.,Work under this award may involve access to Sensitive Information from the Federal Government.Therefore,the
sub-recipient shall not disclose" orally or in writing, any Sensitive Information to any person unless authorized in writing by the DHS.Grants
Officer. Further, the subrecipient shall)ensure that Sensitive Information is protected in such a manner that it is safeguarded)from public
disclosure in compliance with local,state or Federal lave and with sub-recipiient"s security procedures. For those sub-recipient personnel
authorized access to,Sensitive Information, the sub'-recipient must ensure that these persons receive training concernun p the protection and
disclosure of Sensitive Information both during and after the period of performance.
Egiblic Qissiemingtigogf itive InforalakM. The sub-recipient will notify the D,PS/THSSAA of any workshops, conferences,seminars or
other public venues at least 100 dawns before presenting any potentially sensitive information regarding this project. loo Sensitive
Information may be presented by the sub-recipients"personnel without DPSfTHSSAA and DHS Grants Officer's review and prior written
approval.
i . The sub-recipient shall inform the�"HSS "s(Deputy Assistant Director in writing within two 2, days of the
sub-reci lent being made aware of any security concerns with individuals having access to,government facilities or Sensitive Information*In
the event that Sensitive Information is dliv l�gle in viol'atilon of sub-recipient's security procedures,the sub-recipient°will immediately notify
the DPS/THSSAA Deputy Assistant Director and tape appropriate law enforcement and legal action.
�i 'isijs.The DHS and/or DPS/THSSAA,through authorized representautives, has the right, at all reasonable times to aloe site visits to
If an site
�' provide .s may be required. �'
project.accomplishments and management control systems and to rove e s
hu r assistance a
review such
isit is made by the DHS on the premises of the sub-recipient, or a contractor under t s Award,d,the sub-recipient shall provide and shall
require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives
in the performance of their duties.. All site visits and evaluations shall be performed in such a manner that v ill not unduly delay,the work.
of l I - The snub-recipient shall obtain the respective agency's prior written
approval be f o re using either a encies"seal. Funding of this Award does not equate to endorsement of use of funding agencies,'seals.
Initial &00� Date ` /0`
Page OF 18
Proh�i
h&ji AgtiXftj
11) Troffigkiag In Person gnd Qommercial S9z&I Erohibition
a) Provisions applicable to a sub-recipient that is a private entity.,
i�) A sub-recipient and/or the sub-recipient's employees, may n�o�t",
(1) Engage in severe forms of trafficking in persons,during the period of time that the award is,in effect;
!d of time that the award is in effect-or
(2) Procure a commercial sex act during the perilo
(3) Use forced labor,in the performance of the award or sub-award under this award.
ii) DPSfTHSSAA or FE,M�A may unilaterally terminate this award,without,penalty, if the s,ub-reci�plient that is a private entity*
(1) Is determined to have violated a prohibition in paragraph 1 a of this,award term;or
(2�) Has an,em�pilolyee who is determined by an agency official authorized to terminate the award to have violated a prohibition of this
award term through conduct that is either:
(a) Associated with performance under this award;or
(b) Imputed to the sub-recipient using the standards and due process for imputing the conduct of an individual to an organization that
are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on,Government Debarment and Suspension (Non-procur�emen�t)i,"as
implemented at 2 CFR Part 3000.
b) Provisions applicable to a sub-recipie!nt that is not a private entity.
i) THSSAA may unilateral�ly terminate this award,without penalty, if the sub-recipient'
ii) Is determined to:have violated a prohibition in paragraph 1 a of this award term;or
iii) Has an,employee who is determined by the agency official authorized to terminate the,award to:have violated an applicable
prohibition in paragraph!a 1 of this award term through conduct that is,either*
(1�) Associated'with performance under this award;or
(2) Imputed to the sub-recipient using the standards and due process,for imputinig the conduct of an individual to an organization that
are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government Debarment and Suspension (Non-pro�curement),$1 as
implemented at 2 CFR Part 3000.,
c) Provisions applicable to any reci�plienit:
i) A Sub-recipient must,inform the DPS/TH'�S,SAA immediately of any information it received from any source al�legi�ng a violation�,ofa
prohibition in paragraph a1 of thiis award term.
ii) DPS/THSSAAs righttoteirminate unilaterally is described in lb or�2 of this section:
(1�) Implements section 106(g)of the Trafficking Victims Protection Act of 2000(TVP,A)�, as amended(22 U.S.C. 7104(g)),and
(2) Is in addition to all other remedies for noncompliance that are available to DPS/THSAA under this award,
iiii) Sub-recipient must include the requirements of'l a of this award term in any sub-award the sub-recipient makes to a private entity.
d) Definitions. For purposes of this award term:
i) "Employee"means either-
(1) An individual employed,by a sub-recipient who is engaged in the performance of the proj I ect or program under th�is award.- or
(2) Another person engaged in the performance of the project or program under this award and not compensated by Sub-recipilent
including, but not limited to,,a vollu�n,teer or individual whose services are contributed by a third party as,an i�n-ki�nd contribution toward cost
sharing or matching requirements.,
ii) "'Forced labor"'means labor obtained by any of the following methods.-the rec�ru�itmeint, harboring;,transportation, provision, or
obtaining of a person for labor or services, through the use,of force,,fraud, or,coercion for the purpose of subjection to involuntary servitude,
peonage, debt, bondage, or slavery.
iiii) "Private entity"means:
(1) Any entity other than a State, local government, Indian Trible, or foreign public entities, as those terms are defined in 2 CFR 175.25.
(2,) Includes:
(a) A non-prolfit organ ization, including any nonprofit institution of higher education, hospital�, or tribal organization olthertha!ln one
included in the definii�tioln of Indian Tribe at 2 CFR 175.25(b).
(b), A for-profit organization
1)11 11 ilven at section 103 of the TVPA,
iv), "Severe forms of trafficking in persons, commercial sex act, and coercion" have the meaning,g: as
arnended'(22 U.S.C.7102).
2) Qlga5ifigd Security CondJJj.gp_
a) "Classified national security information"as defined in Executive Order(EO) 12958, as amended, means information that has been:
determined pursuant to EO 129518 or any predecessor order to require protection against unauthorized disclosure and is marked to i'nd'icate
its class,ified status when in documentary form.,
b), No funding under this award sha�ll be used to support a contract, sub-award, or other agreement for goods,or services thatwill include
access to,classified national security information if the award recipient has not been approved for that access to such information
c) Where an award recipient has been approved for and has access to classified national security information, no funding under this
award shal�l be used to support a contract, sub-award, or other agreement for goods o�r services that will include access to classified national
security information by the contractor,sub-�awardee,or other entity without prior written approval from the DHS,Office of Security, Industrial
Security Branch Program (ISBP), or an appropriate official within the Federal department or agency with whom the classified effortwill be
performed.
d) Such contracts,sub-awards,or other agreements shall be processed and administered in accordance with,the DHS"Standard
Operation Procedures,1 Classified Contracting by States and Local Entities,"dated July 7, 2008- EO's 12829, 12959, 129618, as amended;
the National Industrial Security Program Operating Manual(NISPOM); and/or other applicable implementing directives or instruction.All
security requirement documents are currently located at- hftp*//www.,dhs/gov/xopinbiz/g�rants,/index,.shtmi.
e) Immediately u'plon determination by the award recipient that funding under this award will be,used to support such a contract,
sub-award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub-award,or other
agreement,the award,recipient shall contact ISPB,or the appropriate Federal department or agency,for approval and processing
instructions., DHS Office of Security ISPI3 contact information:Te�leplhone: 202-447-5346, Email: D254Administrat,iveSecujjidhsgov, Mail-I
Department of Homeland Security, Office of the Chief Security Officer,ATTN:ASD/Industrial Security Program Branch,Washington, DC�.205�28
Initial 4��V� Date J9Z. //. /*0
Page 9 OF 18
.Qumtion Stoneaardm___,"P Q).,SDecfflg2 Coj2dition
The OPSG Sub-recipient is prohibited from obligating or expending Operation Stonegardlen PSG� funds provided throe ih this award until
each unique, specific, or modified county level or equivalent Operational Order/Drag Operation Order with embedded estimated operational
budget has been reviewed and a pp roved through an official email notice i ssue � removing this special programmatic condition.
p Order approval process/structure is as follows: 'Operations Orders are submitted to(1 rHE APPROPRIATE Customs and
The Operations
Border Prod (HC )upon approval by the Sector HQ,forwarded through the Border
Border Patrol BP hector Head
Productions E�or a quarters u o
Patrol Enforcement Transfer,System Beets system to 2 the OPSG Coordinator, CBP/BP Washington, CSC and upon approval forwarded
to 3 Federal Emergency Management Agency F� �rant Program Directorate
AP , Grant Development and Administrative Division
GD&A . Notification of release of programmatic hold)will be sent by FEMA via email to the,Texas Homeland Security Mate Administrative
Agency TH `S with a copy to C PSG Coordinator at CBP/BP'HQ,Washington D,C.
Emeraency ODemLions Center Qrant Prograin Mfr`
The dub_recipient is prohibited from obligating expending or drawing down E.CCGP funds provided through this award until)the required
(budget and budget narrative are reviewed and approved by FE MA and an official notice has been issued from F EMA removing this special
condition.
f?ea1QnaLC_a,fasfroDhX ffl i
The Sub-recr ient is prohibited from obligating or expending RCPGP funds provided g until the required budget and budget
narrative� r � � � FEI'w�A a � i � g� addition,p through this award
ided thr
a e approved by and this condition is rescinded. In addition,the,Sub recipient is prohibited from obligating or expending
RCPGP funds(provided through this award until DHS/ E.MA►has provided signed approval of the project narrative and project plans to the
Sub-recipient.
Re G,rantg
Sub-recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub-recipient agreement's
activities and performances rendered by the Sub-recipient including but not limited to the laws and the regulations promulgated in Texas
Government Code Chapter 783, Uniform Grant and Contract)Management Code: Mate Administrative Agency Information Bulletins,
currently available at h912,l/w state.t .us/direct affl� a iinf i tins.htm� Texas Uniform Grants Management
Standards(l�GMB currently at goverrnw .a t .0 files state grants/`?IJC S 62C o .doc; and the Mate Administrative Agency
Sub-recipient Manual, currently available at h , ffl / r , i i 1. ff
Sub-recipients must, in addition to the assurances and certifications,comply and require each of its subcontractors employed in the
completion of the project to comply with all'applicable statutes,regulations, executive orders, OM,B circulars,terms and conditions oft he
award, and the approved application.
The Sub-recipient will follow Texas General Appropriations Act„Art. IX,section 4.05 which requires conforming with:
a Texas General Appropriations Act,Art. IX, (Parts 2 and 3 of the General Appropriations Act, except there is no requirement for
increased salaries for local government employees,
b Texas Government Code section 556.0 , 556.005, and 556.006 including not using any money or,vehicle to support thine candidacy of
any person for office; not influencing positively or negatively the payment, loan, or gift to a person or political organization for a political
purpose; and not rasing grant fund's to influence the passage or defeat of'a legislative including not assisting with the funding of a Lobbyist,
or using grant fund's to pay dues,to an organization with a registered)Lobbyist;
c Texas Government Code section 2111012 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
reimburse any travel expense for an alcoholic beverage;
dj Texas General Appropriations Act,Art. IX, section 6.13 requiring Sub-recipients 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 General Appropriations Act,Art. ISM section 7.01, 7.02, and 7.03 and Texas Government Code§2102.0091!, including grants funds
may only be expended if the Sub-recipient timely completes and files its reports.
Please fill ion the appropriate information and sign.
Print Name'of Authoirized Official Charlles Daniels,
Title Assistant City ana er
Sub-recipient Organization City+o'f(Fort Worth
ignatuire of uthoriz d Officiaall late
Initial Cate /J004
Page 18 OF 18
EXHIBIT A
ASSURANCES-NOWCONsr'RUCTION PROGRAIVIS Se�e Standard Form 424B
As the duly authorized representative of the sub-�recip�ien�t, I certify that the sub-recipient:
1. Has the legal authority to apply for Federal assistance and'the institutlio�nall, managerial and financial capability,(including funds sufficient
to pay the non-Federal share of project cost)to,ensure proper planning, management,and comp!letion of the project described in this
agreement.
2. Wi�ll give the Department of�Homeland Security,the Department of Public Safety,the Comptroller General of the United States and, if
appropriate,the State,through,any authorized representative, access,to and the right to exam�ine all records, books, papers, or documents
related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency
directives.
3. Will establish safeguards,to,piroh�i�biit employees from using their positions for a purpose that constitutes or presents the appearance of
personal or organ ilzatioinal conflict of i�nterest, or personal gain.
4. Will initiate and complete the work within the appilica,b:le time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 19!70(42 �U.S.C. §§4728-4763)relating to prescribed standards for merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration(5 C.F.R.900, Subpart F).
61. Will comply with all Federal statutes relating to nondiscriminati�on�.These include but are not limited to: (a)Title VI of the Civil Rights Act
of 19614(P.L. 88-352)which prohibits discrimination on the basis,of race,color or national origin; (b)Title IX of the Education Amendments
of 1972, as amended(20 U.S.C. §§1681-1683, and 1685-1686),wh�ich prohibits discrim,in�ation:on the basis of sex-, (c)Section 504 of the
Rehabilitation Act of 1973, as amended(29 U.S.C.§794),which!prohibits d�iscrimin�ation on the�bas:is of handicaps; (d)the Age
Discrimination Act of 1975, as amended(42 U.S.C. §§6101-6107'),wh�ich prohibits discri'mination,on the basis of age; (e)the Drug Abuse
Office and Treatment Act of 1�9,72(P.L. 9'2-255), as amended, relating to,nondiscrimination on the basis of drug abuse- (f)the
Comprehensive Alcohol Abuse and Alicoholisni'Prevention,Treatment and Rehabilitation Act of 19!701(P.L. 91�-616),, a�amended, relating to
nondiscrimination on,the basis of alcohol abuse or alcoholism, (g)§§523 and 527 of the Pluibili�c Health Service Act of 1912(42 U.S.C.
§§2,90dd-3 and 290�ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)T'itle V1111 of the Civi�l Rights
Act,of 19681(42 U.,S.C. §§3601 et seq.),,as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)any other
nondiscrimination provisions in the!specific statute(s)under which agreement for,Federal assistance is being made; and�, (j)the
requirements of any other nondiscrimination statute(s)which may apply to the application.
7. Will comply,or has already complied,with the requirements of Titles 11 and III of the Uniform Relocation Ass,istance and Real Property
Acquisition Policies Act of 1970(P.L.911�-646,)which,provide for fair and equitable treatment of persons displaced or whose!propie,rty is
acquired as a result of Federal or federally-assisite!d programs. These requirements apply to all interests in real property acquired for project
purposes regardless,of Federal participation in purchases.
8. Will comply,as applicable,with provisions of the Hatch Act(5 U�.S.C. §§1501-1�508 and 7324-7328)which limit the political activities of
i
employees whose principal employment activities,are funded in whole or in part with Federa,l funds.
9. Will comilply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. §§276a to 276a-'7),the Copeland Act(40 U.S.C.
§276c and 18 U�.S.C.§874),:and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§327-333), regarding labor standards for
federally-assisted construction sub-agreements.
10. Will compl�y�ll if applicable,with flood insurance purchase requirements of Section 102(a)of the Flood Disaster ProtectionAct of 1973
(P.L.93-234),which requ�ires rec,ipients in a special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable!construction,and acquisition is$10,000 or more.
11. \/Vill comply with environmental sitandlard!s which may be prescribed pursuant to the following.(a)institution of environmental qival:ity
control measures under the National Environmental Policy Act of 1969(P.L.91-190)and Executive Order(E,O) 11511�4ji (bi)�notification of
violating facilities pursuant to EO 1 173�8,; (c),pirotection of wetlands pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in
accordance with EO 11988; (e)assurance of project consistency with the approved State management program develope�d under the
Coastal Zone Management Act of 1972'(16 U.S.C.§§14511 et s,eq.); (f)conformity of Federal actions to State(Clean Air)Implementation
Plans under Section 176(c)of the Clean Air Act of 1915�5�,as amended(42 U.S.C. §§7401 et seq.); (g)protection of underground sources of
drinking water under the Safe Drinking Water Act of 19,74,as amended(P.L. 93-523); and, (h)protection of endangered species under the
En i
dangered Species Act of 1973,as amended(P.L. 93-205)1.
12. Will comply with the Wild and Scenic Rivers Act of'1968(16,U.S.C. §§12711 et seq.)related to protecting components or potential
components of the national wild and scenic r,ivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of'th�e National Historic,Preservation Act of 1966, as amended
(16 U�.S.C.,§470), EO 11593(identification and protection of historic properties)y and the Archaeological and Historic Preservation Act of
19174(1�6 U.S.C. §§469a-1 et seq.).
14�. Will comply with P.L.93-3148 regarding the protection of human subjects involved in research,1 deve�l�o�pme�n�t,and related activities
supported by thiis award of assistance.
15. Will comply with the Laboratory An,imal Welfare Act of 1:966(P.L. 89-544, as amended,7 U.S.,C.§§2131 et se�q�.)pertaining to the care,
handling,and treatment of warm blooded animals held for research,teaching, or other activities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.§§4801 et seq.)which prohibits the use of lead-based paint
in construction or rehablilitatio�n of res,idence structures.
17. Will cause to be performed the required financial and compliance audits'in accordance with the Single Audit Act Amendments of 1996
and OMB Circular No.A-133, "Audits of States, Local Governments,1 and�,Non�-P,rofit Organizations."
Initia�l &W_A� Date
Page 11 OF 18
18. Will comp�ly with all applicable requirements of all other Federal laws,executive ordiers, regulations, grant guidance, and policies
governing this program.
"l
ease fill in the appropriate information and sign.
Print Narrile of Authorized Official Charles Daniels
Title Assistant City Man2ger_.._
Sub-recipient Organization City of Fort Worth
ZdZ
Signature of AuthUhzed Official Date
Initial Date 020 /Z
Page 12 01F 18
EXHIBIT B
ASSURANCES-CONSTRUCTION PROGRAMS
As the duly authorized representative of the sub-recipient, I certify that the sub-recipient-,
1. Has the legal authority to,apply for Federal assistance, and the institutional, managerial and financial capability(including funds
sufficient to pay the non-Feder�al share of project costs)to ensure proper planning, management and completion of project,described in this
agreement.
2. Will give the Department of'Homeland Security,the Department of Public Safety, the Comptroller General of the United States,and', if
appropriate, the State,the right to examine all records, books,, papers, or documents related to the assistance; and will establ'ish a proper
accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of,or change the terms of the real property title or,other interest in the site and facilities without
perm�is,sion and instructions from the awarding agency.WIl record the Federal awarding agency directives and will include a covenant in the
title,of real property,acquired in whole or in part,with Federal assistance funds to assure,nondiscrimination during the useful life ofthe project.
4., Will comply with,the:requirements of the assistance awarding agency with regard to the drafting, review and approval of construction
plans and specifications.,
5. Will provide and maintain completen't and adequate engineering supervision at the construction s,ite to ensure that the complete work
conforms with the appr�oved plans,and specifications and will furnish progressive reports and such other information as may be;re�quilred by
the assistance awarding agency or State.,
6. Will initiate and complete the work within the appl�icabl�e,time frame after receipt of approval of the awarding agency.
7. Wiill establish safeguards to prohibit employees from using the�ir positions,for a purpose that constitutes or presents the appearance of
personal or organ,izational conflict of interest,or plersona,l gain.
8. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C.§§4728,-47613�)relating to prescribed standards,of merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPIM's Standards for a Merit System of
i
Personnel Administration(15 C.F.R. 9,00, Subpart F).
9. Will comply with,the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which proh,ibits,the use of lead-based pain
in construction or rehabilitation of residence structures.
10. Will comply with al�l Federal statutes relating to n�o�ndiscrimination�.These include but are not limited to (a)Title V11 of the Civil Rights Act
of 1964(P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b)Title IX of the Education Amendments
of 1972,as amended(20 U.Si.C. §§1681 1683, and 1685-1686)1,which prohibits discrimination on the basis of sex; (c)Section 504 of the
Rehabilitation Act of 1973, as amended(29) U.S.�C. §794)1,whiich pr�olhiblits discrimination on the basis of handicaps; (d)the Age
DiscriminatilonAct of 1975, as amended(42 U.S.C. §§61101-6,1�07),which prohibits discrimination on the basis of age- (e)the Drug Abuse
Office and Treatment Act of 1972(P.L.92-255), as amended relating to nondiscrimination on the basis of drug abuse, (�the
Comprehensilve,Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 19170(P.L. 91-616), as amended, relating to
nondiscrimination,on the basis,of alcohol abuse or alcoholism; (g)§§523 and 527 of'the Puibilic Health Service Act of 1912(42 U.S.C.
§§290dd-3 and 2,9,Oee 3)1,as amended, relating to confidentiality of ailcoholl and drug abuse patient records; (h)Title Vill of the Civil Rights
Act of 1968(42 U.,S�.C. §§3,6�01 et seq.), as amended, relating to nondiscrimination in the sale�, rental or financing of housing; (i)any other
nondiscrimination provis,ion�s in,the specific statlue(s)under which agreement for Federal assistance is being made; and 0)the requirements
of any other nondiscrim i nation statue(s),which:may apply to the agreement.
11. Will comply,or has already compliedf with the requirements ofTitles 11 and III of the Uniform Relocation Assistance and Rea�l Property
Acquisition Policies Act of 1970(P,.L.91-646)which provide for fair and equitable treatment of persons displaced or whose property is
acq�uired as a result of Federal and federally-assisted prog�rams.'These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.,
12. Will comply with the provisions of the Hatch Act(5 U.S.C.§§1501-1508 and 73,24-73,28)which limit the political activities of employees
whose principal employment activities are funded in whole or in part with Federal funds.
13. Will comply, as,applicable,with the provisions of the Davis-Bacon Act(40 U.S.C�. §�§27'6a to 276,a-7)1,the Copel�and Act(40 U.S.C.
i
§276c and 18 U.S.C.§874),and the Contract Work Hours and Safety Standards Act(40 U.S.C.§§327-333)regarding labor standards for
federally-assisted construction sub-agreements.
14. Will comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 19173(P.L.93-234)
which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance ifthe total cost of
insurable construction and acquisition is$10,0100 or more.
15. Will comply with environmental standards which may be prescribed pursuant to the following: (a)institution of environmental quality
control'measures under the National Environmental Policy Act of 1969,(P�.L. 91-190)and Executive Order(EO) 11514; (b)notification of
violating facilities pursuant to EO 11738; (c)protection of wetlands pu�rsivant to EO 119901; (d)evaluation of flood�hazards in floodplains in
accordance with EO 11988; (e)assurance of project consistency with the approved State management prog ram developed under the
Coasitail Zone,Management Act of 1972(16 U.S.C. §§1451 et se�q.); (f)conformity of Federal actions to State(Clean Air) Implementation
Plans,under Section 176(c)of the Clean Air Act 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(Pi.L.93-523), and�, (h)protection of endangered,species under the
Endangered Species,Act of 119173,1 as amended(P.L. 93-205).
16. Will comply with the Wid and Scenic Rivers,Act of 1968(16 U.S.C. §§1271 et seq.)related to protecting components or potential
components of the national wild and scenic,rivers,s,y's,tem.
17. Will 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 11593(identification and protection of hi�stor�i�c properties,), and the Archaeological and Historic Preservation Actof
19,74(16 U.S.C.,§§469a-1 et seq).
Initial Date
Z'*A
Page 13 OF 18
18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996
and OMB Circular No.A-133, "Audits of States, Local Governments,and l" on-Profit Organizations.":
19. Will comply with all applicable requirements of all other Federal laws,executive orders, regulations,grant guidance andi policies,
governing this program.
Please fill in the appropn"a' ,te information and sign.
Print Name of Authorized Official Charles Daniels
Title Assistant City Manager
Sub-recipient Organization City of Fort Worth
ignature of Authorized Official Date
Initial Ce4vc-'�—Date
Page A OF 18
Exhibit C
Certifications
The,undersigned, Charles Daniels (print), as the authorized official of City of Fort Worth certifies the following
to the best of his/he�r knowledge and be�lief.
A. No Federal appropriated funds have been paid or wi:ll:be�paid, by or on behalf of the undersigned,to any person for influencing or
�y,a Mem�bler of Congress, an officer or employee of Congress, or an employee
attempting to influence an officer or employee of an agen
or a Member of Congress in connection with the awarding of'any Federal contract, the making of any Federal grant,the making of'any
Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,of modification of any
Federal contract,grant, loan, oir cooperative agreement.
81. If any funds other than Federal appropriated funds,have been pa,id 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 emp�loye�e of Congress, or an employee or a Member
of Congress in connection with thiis Federal contract, grant, loan,or cooperative agreement,the undersigned shall complete and submit
Standard Form-LLL Disclosure ofLobbying Activities,, in accordance with its instructions.
C. The undersigned:shall require that the language of this certification prohibiting lobbying be included in the award documents for all
subi-award�s at all tiers(including subcontract, sub-grants, and contracts under grants, loans,and cooperative agreements)and thatall
sub-recipi'en�ts shall certify and disclose accordingly.This certification is a material representation of fact upon which reliancewas placed
when this transaction was made or entered into. Submission,of this certification is a prerequisite for making or entering into this,transaction
imposed by section 1352,title 31, U.S. Code�.Any person who fails,to file the required certification shall be subject to a civil penalty of not
less than,$,110,010,0 and not more than$100,000 for each,such failu�re.
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospect'ive participants
in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification). The Sub-reci'pient certifies that it
and its,principals and vendors:
1. Are not debarred, suspended, proposed for debarment, declared ineligibil�e,,sentenced to a deniial of Federal benefits by a State or
Federal court, or volluntarily excluded from covered transactions by any Federal department oir agency Subl-recipients can access
debarment information by g�olin�g to Z06M.eolsjoy and the State Debarred Vendor List
wwmwi ndgyy.state,L&Us&ggW remg aVo ro/ma-do r 12prfo[[0,ange/dgba..r_red.
I Have notwithin a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for
commi,s,sioln,of fraud or a,criminal offense in connection with obtaining, attempting to obtain, o�r performing a public(Federal, State, or local)
transaction or contract under a,public,transaction; violationof Federal or State antitrust statutes or commission of embezzlement,theft,
forgery,bribery, falsification or destruction,of records, making false statements, or receiving stolen property,
3. Are not presently indicted for or otherwise crim�inally or civilly charged by a governmental entity(Federal, State, or local)with
commission,of any of the offenses enumerated in paragraph(13)(2)of th�i�s certi�fi cation;' and:
4. Have not within a three-year period preceding this agreement had one or more public tra�ns,actioln,s(Federal, State, or local)
terminated for cause or defaul'�t; oir
5. Where the sub-recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to th�is
agreement. (Federal Certification)
�E. The Sub-recipient certifies federal funds will be used to supplement existing funds, and will not replace(su�pp�lant)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.,
F. Sub-recipie�nt must comply with 2 CFR Part 180 Subpart C as a condition of receiving grant funds, and sub-�recipient mulist req�ui,re such
compliance in any sub�-gr�ants or contract at the next tier.
G., Drug-free Workplace Act, as amended,,41 U.S.C. §701 et seq.Requires the reciplien�t,to publish a statement about its drug-free
workplace program and give!a,copy of thile statement to each employee(including consultants,and temporary personnel)who will be
involved in award-supported activities at any site where these activities will be carried out.Also, place(s)where work i's being performed
under the award(i.e., street address, city, state,and zip code)must be maintained on file. The recipient must notify the Grants Oiffice�r of
any employee convicted of a violation of a criminal drug statute that occurs in the workplace,. For additional information, see 44 CFR Part 17.
H. Sub-recipient agrees that it is,not delinquent on any Federal debt.
i I
1. Subl-recipient will comply with all applicable requirements of al�l other federal laws,executive orders, regulations, program and
administrative requirements, policies and any other requirements gover'n�ing thiis,p�rogram.
Initial e400� Date JOZv //.o
Page 15 OF 18
J. Sub-recipient,understands that failure to comply with any of the above assurances may result in suspension,termination or reduction of
grant funds.
Please fill in the appropfiate information and sign..
Print Name of Authorized Official Charles Daniels
Title Assistant C!!y Manage,r
Sijb-recipient Organization C,ity of'Fort Worth
A�p '0007
lip
u of Authonied Official Date
A
Initial Date 40aZo &—o- 1107�
Page:16 OF 18
EXHIBIT D
State of Texas Assuranices
A
As the duly authorized representative of the sub-recipient, I certify that the s,ub-recipient
1-Will comply with Texas Government Code,, Chapter 573, by ensuring that no officer,em�ployee, or member of the appilicantis governing
body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the
thiirdi degree of consanguinity to any member of'the governing body or to any other officer or employee authorized to employ or supervise
such person. This prohibition shall not prohibit the employment of a person who shial:l have been continuously employed for a period of two
years,,or such other period stipulated by local law, prior to the election or appointment of the officer, employee,or governing body member'
related to such person in,the prohibited degree.
2. Must insure that all information collected, assembled, or maintained by the applicant relative to a project will be available to the public
during normal'business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by l�aw.
3. Must comply with Texas Government Code, Chapter 551,which requires all regular,special, or called meetings of governmental bodies to,
be open to the public, except as,otherwise provided by law or specifically permitted in the Texas Constitution.
4.Must comply with Section 231.006, Texas Family Code,which,prohibits paymenits to a person who is in arrears on child support payments.
i
5.Will not contract with or issue a,lice�nse,certificate, or permit to,the owner,operator, or adm,inistratoir of a facility if the subgrantee i's a
health, human services, public safelty,l or law enforcement agency and the license, permit,or certificate has been revoked by another health
and human services agency or public safety or law enforcement agency.
6. Must comply with all rules adopted by the Texas,Commission on Law Enforcement Officer Standards and Education pursuant to Chapter
1701 Texas Occupations Code or,must provide the grantor agency with,a certification from the'Texas Commission on Law Enforcement
Officer Standards and Education that the agency is in the process of achieving compliance with:such rules if the subgrantee is a law
enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7'.Will follow all assurances.When incorporated into a grant award or contract,standard assurances cointaiin,e�d in the application package
become terms or conditions for receipt of grant funds.Administering state agencies and local subrecipients,shall main�taii�n an appropriate
contract administration system to insure,that all terms, conditions, and specifications are met. (See UGMS Section .36 for additional
guidance on contract p,rovisionsi)l.
1 �
8,.,Must comply with the Texas Family Code, Section 261.1 011�,which requires reporting of al'il suspected cases of child abuse to local law
enforcement authorities and to the Texas Department of Child Protective and Regulatory Services., Subgrantees shall also ensure that all
program persoininieli are properly trained and aware of this requirement.
9.Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to�: (a)Title V!of the Civil Rights,Act of
1964(P.L. 88-35�2),which pirohii�bits d�is,cri�mi'natioln on the basis of race, color, or national origin; (b)Title IX of the Education Amendments,of
'1972,as amended(20 U.S.C.§§16181-1�6,83, and 1685-1�6�86),which prohib�its discrimination on the basis,of sex-1 (c)Section 504 of the
Rehabilitation Act of 1973, as amended(29 U.S.C.,§794),1 which prohibits discrimination on the basis of handicaps and the Americans with
Disabilities Act of 1990; (d)the Age Discrimination Act of 119,74,,as amended(42 U.S.C. §§6101-6107),which prohibits,discrimination on the
basis of age;(e)the Drug Abuse Office and Treatment Act of 19�72(P.L.,92-255:)i, as amended, relating to nondiscrimination on the basis of
drug abuse; (f)the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment) and Rehabilitation Act of 1970(P.L.91-616),as
amended, relating to,the nondiscrimi nation on the basis of alcohol abuse or alco�holisim; (g),§§5,23 and 527 of the Public Health Service Act
of 1912(42 U.S.C. §�§290d:d-3 and 290ee-3), as amended, relating to confidentiality of ail�colhiol and drugi abuse patient records; (h)TitleVIII
of the Civiil Rights Act of 19681(42 U.S.C., §§3601 et seq.), as amended, relating to nondis,c,r�i�miinatio�ni in the sale,, rental, or financing of'
housing; (i)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;
and 0)the requirements of any other nondiscrimination statute(s)which may apply to the application.
10.Will comply, as applicable,with the provisions of the Davis-B,aconi,Act(40 U.S.C. §1§276a to 2'76a-7), the Copeland Act(40,U.S.C. §2,76c
and:,18,U.S.C. §8714), and the Contract,Work Hours and Safety Standards Act(40 U.S.C. §§327-333), regarding labor standards for,
federally assisted construction subagreements.
11.Will colmpily with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.
91-64,6),which provide for fair anid:!equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted pro�gramsi. These req u iremle nits apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.,
12.Will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. §§7321-29),which limit the political activity of emipiloyeles
whose principal employment activities are funded in whole or in part with Federal funds.
13.Will comply with the minimum wage and maximum hours provisions of the,Federal Fa,ir Labor Standards Act and the Intergovernmental
Personnel Act of 19�70, as applicab!le.
14.Will insure that the facilities,under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are
not,listed on the Environmental Protections Agency's(EPA),list of Violating Facilities and that it will notify the Federal graintoragency ofthe
receipt of any communication from the Director of the EPA Office of Federal Activities indicatingthat a facility to be used in the project is
under consideration for listing by the EPA(EO 1173�8).
Date;
Initial
Page 17 01F 18
15.Will comply with the flood insurance purchase requirements in Section �' � a the Flood Disaster protection Act of 1973, Public l�aw�r
93-234.Section 102(a) requires the purchase of flood urn is ,
l� insurance�n comrnunlNties where such insurance is available as a condition for the
receipt of a assistance for co q proposed r use in any area that has been identified by the
n Federal financial assl�st construction or acquisition ro +� for
Secretary of the[department of lousing and Uriban Development as an area having special flood hazards.
16. comply with environmental standards which may be prescribed pursuant to the following:* a institutio n environmental quality
control measures under the National Environmental Pollicy Act of 19619(P.L.91-190),and Executive Order(EEO) 11514; b notification of
violating facillities pursuant to EO 11733; c p rotection of wetlands pursuant to EO 11990; (d)evaluation of flood hazar ds in floodplains in
accordance v�th� 11 � a assurance of consistency with the approved state
management pro g ram developed under the
Coastal Zone Ma t of 1'972 16 U.S. §§14 ^q.),; ( conformity f federal actions to State(Clear Air)Implementation
oas a Management
1 et se confolrm� o
Plans under Section 1 it Act of 1g5� as amended 42 U.S.C. 7401 et se r
he dear� � � �� q4 " � �protection of underground sources of
drinking)water under the Safe Drinking Water Act of 1974„ as amended ',I . 93-523); are h protection of endangered species under the
Endangered'Species Act of 1973,as amended P.L.93-205).
17.Will comply with the Wi ld and Scenic livers Act of 1968(16 UJ.S.C. §§1271 et seq.)related to protecting components or potential
components of the national wild and scenic rivers system.
13,Will assist the awarding agency,in assuring compliance with Section 106 of the National Historic Preservation Act of 1 966, as amended
(16 1d.S,1. §470), EO, 11593(identification and protection of historic properties), and the Archaeological and historic Preservation Act of
1 974 16 U.S.C. §§469a-1 et seq.).
19.Will comply with the Laboratory Animal Welfare Act of 1966 P.L. 9-544%as amended, 7 U.S.C.§§2131 et seq.)pertaining to the care,
handling,and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance.
o.Will comply with the Lead-Based Paint poisoning Prevention Act(42 U.S.C. §§4301 et seq.)which prohibits the use of lead-based paint
in construction or rehabilitation of residential structures,
1.Will comply with,Public Law 103-277, also known as the Pro-Children Act of 1994(Act),which prohibits smoking within any portion of
any indoor facility used for the provision of services for children as defined by the Act.
22.Will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
23,Will comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing thiis
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 government's terrorism watch list as
described in Executive Order 13224. Entities inelligilble for federal procurement are listed at
25. Dust adopt and implement applicable provisions of the model HI /AIDS work place guidelines of the Texas Department of Health as
required,by the Texas Health and Safety Code,,Ann., Sec.35.001,et seq,
"lease dill in the appropriwate information and sign.
Print lame of Authorized Official Charles Daniels
Title Assistant City Manager
Sub recipient Organization City of Port Worth
LAW. &
nat re of Authorized Official Date
Initial Fate
Page 18 OF 18
"molkL AN
it y of Fort Worth., Texas
001 0%
Mayol all'(] Council Loom Mu n icat�mian
COUNCIL ACTION: Approved on 1/10/20,12 —Ordinance No.20048-01-2012
.......................
DATE-
esda Tu
a y, January 10, 2012 REFERENCE NO.. C-25401
LOG NAME.- 362011 HSGP
SUBJECT:
Authorize Acceptance of, if Awarded, Fiscal Year 2011 Homeland Security Grant Funds,from the State of
Texas,Division of Emergency Management in an Amount Up to$5,067,804.91, Approve the Execution of
All Applicable Grant Contracts and Adopt Appropriation Ordinance ('ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the Fire Department, Office of Emergency Management,,Application for and Acceptance of, if
awarded, in a amount up to$5,067',8014.91 in Fiscal Year 2011 Homeland Security Grant Funds from the
State of Texas,,Division of Emergency Management,consisting of
Urban Area Security,Initiative grant,CFDA No. 97.0!67: $2,874,796.56;
Urban Area Security Initiative LEAP grant,CF DA No. 97.0167,- $1,855,400.001
Metropolitan Medical Response System grant,,CFDA No. 97.067: $2671608.35-11
State Homeland Security Program LET grant,CFDA No. 97.067-, $70,000.00
Combined total award.- $15,,0617,804.91
2. Authorize execution of all applicable grant contracts; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants
Fund in the,amount of$5,0167,804.191, subject to receipt of the award.,
DISCUSSI
The United States Department of Homeland Security(DHS),through the State of Texas, Division of'
Emer r I I demographics,and
,gency Management, awards grant funds to jurisdictions in 'rexas on the bas's of r'sk,
other related needs to enhance a community's capability to prevent, respond to and recover from acts of
terrorism and natural disasters. This grant program encourages jurisdictions to strengthen local and regional
preparedness efforts and to seek benefits available through cooperative action.
The City of Fort Worth(City)participates with other jurisdictions in the North Central Texas Council of
Governments to develop and implement capabilities and processes to increase regional and individual
community readiness in alignment with federal and state homeland security strategies.
The'Fiscal Year 2011 Homeland Security Grant Program(HSGP)marks the sixth year the City has been
awarded funds under the Urban Area Security Initiative(UASI)grant.Under the Fiscal Year 2011 UASI
grant program,Fort Worth, as part of the Dallas—Fort Worth—Arlington urban area, was awarded
$417A 196.56 by the DH S. Funding under the program will be used by the Fire Department, Police
Department and other City departments to increase the c,o unity's,capacity to prepare for, prevent and
respond to terrorism incidents. The UASI grant is split into a UASI ($12,874,796.56) grant and a UASI LEAP
($1 855,'400.00) grant to ensure we dedicate 25 percent to law enforcement related activities as required by
the grant terms and conditions,.
w .
In,addition, the City is one of 124 recipients nationwide to receive funding under the Metropolitan Medical
Response System(M MRS)grant, the third sub—program listed above. The MMRS grant will be used to
support Planning and equipment to improve coordination and response to mass casualty ncidents.
The State Homeland Security Program(SHSP),supports the implementation of State Homeland Security.
Strategies to address,identified planning,organization,equipment, train,ing and exercise ee o prevent,
protect against,r spond to and recover from acts of tefforism and other catastrophic,events. The funds,
awarded under the SHSP grant will be used to support technical and tactical training, for regional explosive
ordinance disposal tea s.
The Office of Emergency Management coordinates with various City departinents in the development and
implementation of projects in the areas of threat,and, vulnerability assessment, risk reducti,on,plan
development,capability enhancement, public,education and readiness,training and exercises in support of
the overall preparedness efforts of our community.The perforniancle period of the UASI grant is frorn
September 1,2011 to February 28, 2014.Theperform rune e period of the MMRS and S,HSP grant,is from
September 1, 20 11 to August 3 1, 20 13.
This grant has no local rniatch requirement.
,EISCAL INFORMA111110N.
The Financial Management Services,Director certifies,that upon approval of the above recommendations,
receipt of the grant,and,adoption of the attached appropriation ordinance, ftinds will be available in the
current operating budget', as appropriated,of the Grants Fund.
,EUND CENTERS:*
TO Un"ccoujilXenter, FRQM fujj��j;.cjjjant/Centcra
QB16 451217 Q2644258QQQQ
QR76, 451212 Q2!!!�44258,1() $1 l,855sjQDaQ
QR76 451211 Q3.(1442582QQQ $26726Q&�
Q R26 4�1212 Q216442��3 12Q-QQQ3QQ
QR2'6, VARIOUS) 0364425�OXX2� 124�14012685
Ggj� (5YA,FjjQU,S) Q2�4425�1.,a $1485�14QQAOO
GRI6 (5 VARIQUS') 0361442,5�2XX� 1262a608.351
,GR76 J5 VAR,IQ115), Q36:JAZ,�,83XXX
LERT1F1LA1j1QNS*
Subaliftted f.Qr City a ager'is OfficLhy- Charles Daniels, (161,99)
L
Qr1mating, paril3leal,1jead, Rudy Jackson (68,05)
Pat Vasquez (6,525)
Addi'll'onal In, mationCoulad's Juan Ortiz (6 173)
....... ----
AII&LUMENIS
4. 2011 SRA,Sigc1ajQ2ndjjjgaa,doc2j
2. 3 62011 HSGP AO 1 2AAJ&
III
3. DiUgi deposit form.,DUL
ity P, L Ddf
4. FQIJ WQ11b C" -,Qj—DE�LVA 11AS1,
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7. 1 .
Benay"I'dez, Stella
...........
Subject: FW: Grant,Adijuistment Notice has been RELEASE for City of Fort Worth
Attachments: GAN-112254.0f
From: GANG(&Texas DPA,.com [ma,i.ito:GAN(&Texas D PA.com
Sent,* Friday, January 31,, 2014 31,14,2 PM
To.- Carterl Er1c; Ortiz
Cc.- N'I C TC,0GSPAR5_@nct:cog.org
Subject: Grant Adjustment Notice has been RELEASED for City of Fort Worth
A Grant Adjustment Notice (GAN)has been RELEASED by the 'SAA or Region for City of for Worth-
'12011-41
Subgrantee: City of Fort Worth
GANTYpe: 2011 Grant Adjustment
GAN Date: 3 1-Jan-14
Due Date. 17-Mar-14
0 MM=
Original Amount: $2,639,702.81
0
New Amount. $2fi39702.81
Delta: $0,00
2011 DFWA UASI - From To
IUAS1019
Grant Start Date# Se,P1 0 12011 Sep 0 1 2011,
Grant,Close,Date* Feb 28 2014 dun 3 0 2014
Reason for Extension to June 301 2014 to expend swepit funds.
Reason Grant Adjustment Notice
Comment*
Attached is a copy of the required GAN paper work. Please rint a copy, have the appropriate individual sign
P I
where des* address on the GAN. (Retain a copy of the signed
ignated and return the signed copy to the rettim a
document for your,records.)
If you have any questions concerning this e-mail Please contact the SA A.
N01"I"E: The GAN process is,not complete until the SAA receives a si,gned copy of this GAN., All activities on,,
this grant are frozen until the GAN is,comp I betel y prociessed. Please attend to this matter as soon as,Possible.
Texas Domestic Preparedness Asse$.$M�210 ,
Jw