HomeMy WebLinkAboutOrdinance 18068-04-2008Ordinance No. 18068-04-2008
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $349,207.21,
SUBJECT TO RECEIPT OF THE FY 2007 HOMELAND SECURITY GRANT
FROM THE TEXAS GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT
FOR PROCUREMENT OF HOMELAND SECURITY RELATED EQUIPMENT
AND SERVICES; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2007-
2008 and in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Grants Fund in the amount of $349,207.21, subject to receipt of the FY 2007
Homeland Security Grant from the Texas Governor's Division of Emergency Management for
procurement of homeland security related equipment and services.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 17749 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE: April 29, 2008
Governor's Division of Emergency tWanagement
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Date of AN/ard
March S0, 2008
1. Sub-Recipient Name and Address 2. Prepared by: Saba, Sherry 3. Award Number: 07-GA 27000-03
4. Federal Grant Information
Federal Grant Title: Homeland Security Grant Program
Mayor Mike Moncrief
City of Fort Worth Federal Grant Award Number: 2007-GE-T7-0024
1000 Throckmorton Date Federal Grant Awarded to GDEM: August 13, 2007
TX 76102-6311
t Worth
F
,
or Federal Granting Agency: Federal Emergency Management Agency
National Preparedness Directorate
5. Award Amount and Grant Breakdowns
Note: Additional Budget Sheets (Attachment A): Ido
Total Award
AnlOUnt CCP LETPP MMRS SHSP UASI Other
97.053 97.074 97.071 97.073 97.008
,~4~8~6~472.2~ $0.00 $0.00 $258,145.00 $349,207.21 $4,199,120.00 $0.00
This award supersedes all previous awards. Pertormance Period: Oct 12, 2007 to Feb 28, 2010
6. Statutory Authority for Grant: This project is supported under Public Law 109-295, the Department of Homeland Security
Appropriations Act of 2007.
7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of
invoices.
8. Debarment/Suspension Certification: The Sub-Recipient certifies that the subgrantee and its' contractors/vendors are not
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency
and do not appear in the Excluded Parties List System at http://www.epls.gov.
9. Agency Approval
Approving GDEM Official: Signature of GDEM Official:
Jack Colley, Chief
Division of Emergency Management
Office of the Governor
10. Sub-Recipient Acceptance
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub-Recipient official: Signature of Sub-Recipient Official:
11. Enter Employer Identification Number (EIN) /Federal Tax Identification Number: 12. Date Signed
13. DUE DATE j i~~; a lil~i
Signed award and Direct Deposit Form (if applicable) must be returned to GDEM on or before the above due date.
GOVERNOR'S DIVISION OF EMERGENCY Zpp~ Grant ~-cljus$rnent NOtice
MANAGEMENT(GDEM) For
HOMELAND SECURITY GRANT
PROGRAM (HSGP) City of Fort Worth
AWARD NUMBER 2007 HSGP - 27000
TERMS AND CONDITI®NS
PURPOSE AND OVERVIEW
Sub-grant funds provided shall be used to provide law enforcement and emergency response communities
with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential
threats of manmade, natural disasters and acts of terrorism as described in the federal program guidelines,
specifically: planning, equipment, training and exercise needs. All costs under these categories must be
eligible under OMB Circular No. A-87 Attachment A, located at
http://www.whitehouse.gov/omb/circulars/index. html.
1) AWARD ACCEPTANCE
The Sub-recipient Agreement is only an offer until the sub-recipient returns the signed copy of the
2007 Sub-recipient Agreement in accordance with the date provided in the transmittal letter and in
the agreement.
2) GUIDANCE
This Sub-recipient is subject to the program guidance contained in the U.S. Department of Homeland
Security (DHS) FY 2007 Homeland Security Grant Program Guidelines and Application Kit. The
Program Guidance and Application Kit can be accessed at
http://www.ojp.usdoj.gov/odp/grants_programs.htm. Federal Emergency Management Agency (FEMA)
periodically publishes Information Bulletins to release, update, amend or clarify grants and programs
which it administers. FEMA's National Preparedness Directorate Information Bulletins can be accessed
at http://www.ojp.usdoj.gov/odp/dots/bulletins.htm and are incorporated by reference into this
sub-grant: This sub-award is also subject to any Homeland Security Grant Program (HSGP) grant
guidance issued by GDEM.
3) COMPLIANCE -FEDERAL
A. Sub-recipient hereby assures and certifies compliance with all applicable Federal statutes,
regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102,
A-110, A-122, A-133; Ex. Order 12372 (intergovernmental review of federal programs); and
28 C.F.R. parts 18, 22, 23, 30, 35, 38, 42, 61, and 63, 66 or 70 (administrative requirements
for grants and cooperative agreements).
B. Sub-recipient will comply with the organizational audit requirements of OMB Circular A-133,
Audits of States,'~ocal Governments, and Non-Profit Organizations, as further described in the
current edition of the Office of Grant Operations (OGO)'s Financial Management Guide (Jan
2006) at
http://www.dhs.gov/dhspublic/interweb/assetlibrary/Grants_FinanciaiManagementGuide. pdf.
C. When implementing FEMA National Preparedness Directorate funded activities, the
sub-recipient must comply with all federal civil rights laws, to include Title VI of the Civii
Rights Act, as amended. The sub-recipient is required to take reasonable steps to ensure
persons of limited English proficiency have meaningful access to language assistance services
regarding the development of proposals and budgets and conducting FEMA funded activities.
D. Sub-recipient agrees to comply with the applicable financial and administrative requirements
set forth in the current edition of the Office of Grant Operations (OGO) Financial Management
Guide located at http://www.ojp.usdoj.gov/oc/.
E. Sub-recipient will assist the awarding agency (if necessary) in assuring .compliance with
section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order
11593 (identification and protection of historic properties), the Archeological and Historical
Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy
Act of 1969 (42 U.S.C. § 4321). (Federal Assurance)
F. Sub-recipient must comply (and must require contractors to comply) with any applicable
statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C.
§ 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. §
5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29
U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the
Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age
Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of
the laws for faith-based and community organizations). (Federal Assurance)
G. If the sub-recipient is a governmental entity, it must comply with the requirements of the
Uniform Relocation Assistance and Reai Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et
seq.), which govern the treatment of persons displaced as a result of federal and
federally-assisted programs; and (Federal Assurance)
Page 2 OF 8
GOVERNOR'S DIVISION OF EMERGENCY 2.007 Grant Adjustment hlotice
MANAGEMENT (GDEM) For
HOMELAND SECURITY GRANT City of Fort Worth
PROGRAM (HSGP)
TERMS AND CONDITIONS
COMPLIANCE -FEDERAL (continued)
H. If the sub-recipient is a governmental entity, it must comply with requirements of 5 U.S.C. §§
1501-08 and §§ 7324-28, which limit certain political activities of State or local government
employees whose principal employment is in connection with an activity financed in whole or in
part by federal assistance. (Federal Assurance)
I. The sub-recipient will cooperate with any Federal, State or Council of Governments assessments,
national evaluation efforts, or information or data collection requests, including, but not limited
to, the provision of any information required for the assessment or evaluation of any activities
within this project.
1. Sub-recipient agrees to comply with any additional requirements set by their Council of
Governments (COG) in the project notes area on the SPARS website for each project, i.e. mutual
aid agreements and UASI working group approvals, if applicable.
K. Drug Free Workplace
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67,
Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. The
sub-recipient certifies that it will or will continue to. provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
2. Establishing an on-going drug-free awareness program to inform employees about the
dangers of drug abuse in the workplace; the grantee's policy of maintaining adrug-free
workplace; any available drug counseling, rehabilitation, and employee assistance
programs; and the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph 3(K)(1);
4. Notifying the employee in the statement required by paragraph (3)(K)(1) that, as a
condition of employment under the grant, the employee will abide by the terms of the
statement; and Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days after
such conviction;
5. Notifying the Governor's Division of Emergency Management/State Administrative Agency
(GDEM/SAA), in writing, within 10 calendar days after receiving notice under
subparagraph 3(K)(4), from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position title,
to GDEM/SAA. Notice shall include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 3(K)(4), with respect to any employee who is so convicted
a. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain adrug-free workplace through
implementation of paragraphs 1), 2), 3), 4), 5), and 6). (Federal Certification)
4) COMPLIANCE -STATE
To the extent it applies, jurisdiction shall comply with Texas Government Code, Chapter 783, 1 TAC
5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative
Requirements for Grants and Cooperative Agreements, Subpart B, _.14.
5) FAILURE TO COMPLY
GDEM/SAA may suspend or terminate sub-award funding, in whole or in part, or other measures may be
imposed for any of the following reasons: failing to comply with the requirements or statutory objectives
of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the
sub-award application, failing to follow grant agreement requirements or special conditions, failing to
submit required reports, or filing a false certification or other report or document. Satisfactory Progress
is defined as accomplishing the following during the performance period of the grant: deciding what
purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and
training is accomplished with the equipment (or readied for deployment). All of the aforementioned task
must be accomplished in a timely manner.Special Conditions may be imposed on sub-recipient's
use of grant funds until problems identified during grant monitoring visits conducted by
GDEM audit and compliance personnel are resolved.
Page 3 OF 8
GOVERNOR'S DIVISION OF EMERGENCY 2007 Grant AcJjustment iVotice
MANAGEMENT (GDEM) For
HOMELAND SECURITY GRANT City of Fort Worth
PROGRAM (HSGP)
TERMS AND CONDITIONS
6) CONFLICT OF INTEREST
The sub-recipient will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain.
7) LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons
entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the
sub-recipient certifies that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
sub-recipient, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the making of any Federal grant, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal grant or cooperative agreement;
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions.
8) DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part
67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section
67.510. (Federal Certification)
The sub-recipient certifies that it and its principals and vendors:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced
to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency; sub-recipients can access debarment
information by going to http://www.epis.gov/.
B. Have not within athree-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within athree-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default; and
E. Where the applicant is unable to certify to any of the statements in this certification, he or she
shall attach an exp-anation to this application. (Federal Certification)
9) MONITORING
A. Sub-recipient will provide GDEM, State Auditor, or DHS personnel or their authorized
representative, access to and the right to examine all paper or electronic records related to the
financial assistance.
B. Sub-recipient agrees to monitor its program to ensure that federal awards are used for
authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant
agreements and that the performance goals are achieved. In addition, Councils of Governments
will perform periodic monitoring of grant recipients to ensure compliance.
C. GDEM/SAA may perform periodic reviews of sub-recipient performance of eligible activities and
approved projects. These reviews may include, without limitation: performance of on-site audit
and compliance monitoring, including inspection of all grant-related records and items,
comparing actual sub-recipient activities to those approved in the sub-award application and
subsequent modifications if any, ensuring that advances have been disbursed in accordance with
applicable guidelines, confirming compliance with grant assurances, verifying information
provided in performance reports and reviewing payment requests, needs and threat assessments
and strategies.
Page 4 OF 8
GOVERNOR'S DIVISION OF EMERGENCY 2007 Grant Adjustment Motice
MANAGEMENT (GDEM) For
HOMELAND SECURITY GRANT
PROGRAM (HSGP) City of Fort Worth
TERMS AND CONDITIONS
10) REPORTING
A. A-133 Reporting Requirement -All sub-recipients must submit an audit report to the Federal
Audit Clearinghouse if they expended more than $500,000 in federal funds in one fiscal year.
The federal Audit Clearinghouse submission requirements can be found at
http://harvester.census.gov/sac/. A report must be submitted to GDEM/SAA each year this
grant is active.
B. Sub-recipient agrees to comply with all reporting requirements and shall provide such
information as required to GDEM/SAA for reporting as noted in the 2007 Federal Grant
Guidelines and/or in accordance with GDEM/SAA guidance.
C. Sub-recipient must prepare and submit performance reports to GDEM/SAA for the duration of
the grant performance period or until all grant activities are completed and the grant is formally
closed. Sub-recipient may also be required to submit additional information and data requested
by GDEM/SAA.
11) USE OF FUNDS
A. Sub-recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of OGT.
B. The sub-recipient agrees that ail allocations and use of funds under this grant will be in
accordance with the Homeland Security Grant Program Guidelines and Application Kit for that
fiscal year and must support the goals and objectives included in the State Homeland Security
Strategic Plan and the Urban Area Homeland Security (UASI) Strategies.
C. The sub-recipient official certifies federal funds will be used to supplement existing funds, and
will not replace (supplant) funds that have been appropriated for the same purpose.
Sub-recipient may be required to supply documentation certifying that a reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of federal
funds.
12) REIMBURSEMENT
A. Sub-recipient agrees to make no request for reimbursement prior to return of this agreement
and signed by the authorized sub-recipient representative.
B. Sub-recipient agrees to make no request for reimbursement for goods or services procured by
sub-recipient prior to the performance period start date of this agreement.
13) ADVANCE FUNDING
A. If a financial hardship exists, asub-recipient may request an advance of grant funds for
expenditures incurred under this program. Requests must be made in writing by the chief
elected official and submitted to GDEM/SAA. This will be accomplished using the SPARS website
by following the instructions for generating hardship letters. GDEM/SAA will determine whether
an advance will be made.
B. If asub-recipient is approved for an advance, the funds must be deposited in a separate
interest bearing account and are subject to the rules outlined in the Uniform Rule 28 CFR Part
66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, at http://www.access.gpo.gov/nara/cfr/waisidx_04/28cfrv2_04.html and
the Uniform Rule 28 CFR Part 70, Uniform Administrative Requirements for Grants and
Agreements (including sub-awards) with Institutions of Higher Education, Hospitals, and other
Nonprofit Organizations, at http;//www.access.gpo.gov/nara/cfr/waisidx_03/28cfr70_03.htmi.
Sub-recipients must report any interest earned to GDEM/SAA. Any interest earned in excess of
$100 must, on a quarterly basis, be remitted to:
United States Department of Health and Human Services
Division of Payment Management Services
P.O. Box 6021
Rockville . MD 20852
14) TRAINING, EXERCISE, & EQUIPMENT REQUIREMENTS
A. Sub-recipient agrees that, during the performance period of this grant, any and all changes to
their sub-recipient agreement regarding planning, training, equipment, and exercises must be
routed through the appropriate reviewing authority, either the local Council of Governments or
Urban Area Security Initiative (UASI) Working Group.
B. Sub-recipients must maintain an updated inventory of equipment purchased through this grant
program in accordance with Uniform Grant Management Standards -III, State Uniform
Administrative Requirements For Grants and Cooperative Agreements, Subpart C -Post-Award
Requirements, Reports, Records, Retention, and Enforcement, .32 Equipment and theO~ce of
Grant Operations Financial Management Guide.
Page 5 OF 8
GOVERNOR'S DIVISION OF EMERGENCY 2007 Grant Adjustment Fdotice
MANAGEMENT (GDEM) For
HOMEIAND SECURITY GRANT
PROGRAM (HSGP) City of Fort Worth
TERMS AND CONDITIONS
14) TRAINING, EXERCISE, & EQUIPMENT REQUIREMENTS (continued)
C. The sub-recipient agrees that any equipment purchased with grant funding shall be prominently
marked as follows: "Purchased with funds provided by the U.S. Department of Homeland
Security." Exceptions to this requirement are limited to items where placing of the marking is
not possible due to the nature of the equipment.
15) URBAN AREAS SECURITY IMITATIVE (UASI) GRANTS
A. If the sub-recipient is a participant in a UASI program, during the performance period of this
grant, sub-recipient agrees to adhere to the UASI strategy, goals, objectives, and
implementation steps.
B. Sub-recipient agrees that, during the performance period of this grant, all communications
equipment purchases must be reviewed and approved by the Regional Interoperable
Communications Committee and the UASI points of contact (voting members), if applicable.
16) UASI NONPROFIT SECURITY GRANT PROGRAM (NSGP)
A. The recipient agrees that all allocations, use of funds, and other associated program and
administrative requirements under this grant will be in accordance with the Fiscal Year (FY)
2007 UASI Nonprofit Security Grant Program (NSGP) Program Guidance and Application Kit,
Information Bulletin Number 252, and the FY 2007 UASI NSGP Frequently Asked Questions
(FAQs) Parts 1 and 2. All grant recipients are assumed to have read, understood, and accepted
the FY 2007 UASI NSGP Program Guidance and Application Kit, Information Bulletin Number
252, and the FAQs as binding.
B. Grant and sub-grant recipients must meet a 75 percent Federal-25 percent grantee soft match
requirement. Grantee and sub-grantee contributions must be from non-Federal sources. For all
costs other than training, the grantee's match may be met through cash, training investments
related to use of allowable equipment purchased with the grant, or training investments related
to general purpose security and emergency preparedness for staff. In the case of training
projects, awardees must meet the matching requirement through cash. In no event can regular
personnel costs such as salary, overtime, or other operational costs unrelated to training be
used to satisfy the matching requirement.
C. Nongovernmental organization sub-grantees are required to meet certain National Incident
Management System (NIMS) compliance requirements. All emergency preparedness, response,
and/or security personnel in the nonprofit organization participating in the development,
implementation, and/or operation of resources and/or activities awarded through this grant are
compelled to complete training programs consistent with the NIMS National Standard
Curriculum Development Guide. Minimum training includes IS-700 NIMS: An Introduction.
D. Grant recipients are responsible for keeping a copy of the 501(c)(3) registration number or IRS
Letter of Recognition of sub-grantees on file. Those grantees who submitted investment
justifications, subsequently selected for award, by nonprofit organizations which do not hold or
have not formally applied fora 501(c)(3) registration number, are responsible for maintaining
an affidavit and/or other indicia certifying or verifying their 501(c)(3) compliance on file for
review by DHS, in accordance with the FY 2007 UASI NSGP Q8cA Part 2.
E. FY 2007 UASI NSGP allowable equipment costs include only the two Authorized Equipment List
(AEL) categories identified in the FY 2007 UASI HSGP Program Guidance and Application Kit.
These categories are 1) Physical Security Enhancement Equipment, and 2) Inspection and
Screening Systems. All allowable equipment costs must fall within these two categories.
Interoperable communications equipment, aesthetic enhancement, including bushes, shrubs, or
flowers, general-use vehicles, or related general-use equipment is prohibited under this grant
program if it does not fall within one of the two previously identified AEL categories.
Additionally, any costs associated with exercises are strictly prohibited. All other training and
management and administrative (M&A) costs must be in accordance with the FY 2007 UASI
NSGP Program Guidance and Application Kit, Information Bulletin Number 252, and the FY 2007
NSGP FAQs Parts 1 and 2.
F. The recipient also agrees that, when practicable, any equipment purchased with grant funding
shall be prominently marked as follows: "Purchased with funds provided by the U.S.
Department of Homeland Security."
Page 6 OF 8
GOVERNOR'S DIVISION OF EMERGENCY 2007 Grant Adjustment Notice.
MANAGEMENT (GDEM) For
HOMELAND SECURITY GRANT City of Fort Worth
PROGRAM (HSGP)
rERn~s anru coNarrroNs
17) National Incident Management System (NIMS) and the Incident Command System (ICS)
Sub-recipients must have adopted and be implementing the National Incident Management System
(NIMS) and the Incident Command System (ICS) at the local level. NIMS compliance for 2007 must be
achieved by completing actions outlined in the NIMS Implementation Matrix. Beginning in FY 07
compliance will no longer be measured by self-certification, but will transition to performance-based
questions and a measurement system of metrics.
A. Adoption. The jurisdiction or organization must have formally adopted NIMS as its incident
management system through ordinance, court order, or resolution. A copy of the adoption
document should be provided to the Preparedness Section of the Division of Emergency
Management.
B. Implementation. The jurisdiction or organization must be implementing the principles and
policies of NIMS/ICS, including these major requirements:
1. Identifying specific NIMS training requirements for local emergency responder and
emergency management positions; then obtaining or providing required training, and
,documenting it. For further information on NIMS training, see:
http://www.fema.gov/emergency/nims/nims_training.shtm
2. Updating jurisdiction or organization emergency plans and procedures to address the
NIMS/ICS organizational structure, major functions, concepts, policies, and procedures.
3. Utilizing NIMS/ICS for day-to-day all-hazard emergency response and during exercises.
4. Participating in local, regional, or intrastate mutual aid programs.
5. Maintaining an inventory of emergency response assets, and identifying key assets by
resource typing standards developed by FEMA to facilitate multi-agency response. For
resource typing information, see: http://www.fema.gov/emergency/nims/rm/rt.shtm
6. Complete the NIMS baseline assessment and develop a local NIMS implementation plan.
7. Participate in an all-hazard exercise program based on NIMS that involves responders
from multiple discip-ines and multiple jurisdictions.
For a more detailed description of these requirements, as well as other NIMS implementation
requirements, see http://www.fema.gov/pdf/emergency/nims/imp_mtrx_states.pdfFY 06 NIMS
implementation requirements must be completed by September 30, 2007.
18) OTHER REQUIREMENTS
A. During the performance period of this grant, sub-recipient must maintain an emergency
management plan at the Basic Level of planning preparedness or higher, as prescribed
byGDEM. This may be accomplished by a jurisdiction maintaining its own emergency
management plan or participating in an inter-jurisdictional emergency management program
that meets the required standards. If GDEM identifies deficiencies in the sub-recipient's plan,
sub-recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from
GDEM.
B. Projects identified in the State Preparedness Assessment and Reporting Service
(SPARS)(www.texasdpa.com) must identify and relate to the goals and objectives indicated by
the applicable 14 approved project investments for the period of performance of the grant.
C. During the performance period of this grant, sub-recipient agrees that it will participate in a
legally-adopted county and/or regional mutual aid agreement.
D. During the performance period, the sub-recipient must register as a user of the Texas Regional
Response Network (TRRN) and identify all major resources such as vehicles and trailers,
equipment costing $5,000 or more and specialized teams/response units equipped and/or
trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.).
This registration is to ensure jurisdictions or organizations are prepared to make grant funded
resources available to other jurisdictions through mutual aid.
E. Sub-recipients must submit Fiscal Year 2007 Indirect Cost Allocation Plan signed by Cognizant
Agency. Plan should be forwarded to the SAA along with the Planning and Administration Grant
Budget Form.
F. Council of Governments (COG) will follow guidelines listed in the FY 07 COG Statement of Work.
G. Up to 15% of the program funds for SHSP, UASI and LETPP may be used to support the hiring
of full or part-time personnel to conduct program activities that are allowable under the FY 2007
HSGP (i.e., planning, training program management, exercise program management, etc) The
ceiling on personnel costs does not apply to contractors, and is in addition to eligible
management and administrative (M&A) costs and eligible hiring of intelligence analysts.
Sub-recipients may hire staff only for program management functions, not operational duties.
Hiring planners, training program coordinators, exercise managers, and grant administrators
fall within the scope of allowable program management functions.
H. The State's 24 planning regions are voluntary associations of local governments organized
pursuant to state law as regional planning commissions, councils of government, development
councils, and area councils. It is recognized that one of the major functions of state planning
regions as homeland security grant sub-recipients is to perform a wide variety of planning and
some program administration for both their region and on behalf of the cities and counties
within the region that may also be homeland security grant sub-recipients.
Page 7 OF 8
GOVERNOR'S DIVISION OF EMERGENCY 2007 Grant Adjustment i~lotice
MANAGEMENT (GDEM) For
HOMELAND SECURITY GRANT City of Fort Worth.
PROGRAM (HSGP)
TERMS AND CONDITIONS
19) CLOSING THE GRANT
A. The sub-recipient must have all equipment ordered by December 30, 2009. The last day for
submission of invoices is February 28, 2010.
B. GDEM/SAA will close asub-award after receiving sub-recipient's final performance report
indicating that all approved work has been completed and all funds have been disbursed,
completing a review to confirm the accuracy of the reported information, and reconciling actual
costs to awards modifications and payments. If the close out review and reconciliation indicates
that the sub-recipient is owed additional funds, GDEM/SAA will send the final payment
automatically to the sub-recipient. If the sub-recipient did not use all the funds received,
GDEM/SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds.
C. GDEM/SAA will unilaterally close out grant if sub recipient does not reconcile account and sign
closeout GAN by June 30, 2010.
20) PUBLICATIONS
A. Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a
royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and
authorize others to use, for Federal government purposes: (1) the copyright in any work
developed under an award orsub-award; and (2) any rights of copyright to which a recipient or
sub-recipient purchases ownership with Federal support. The Recipient agrees to consult with
NPD regarding the allocation of any patent rights that arise from, or are purchased with, this
funding.
B. The sub-recipient agrees that all publications created with funding under this grant shall
prominently contain the following statement: "This Document was prepared under a grant from
the National Preparedness Directorate, United States Department of Homeland Security. Point
of view or opinions expressed in the document are those of the authors and do not necessarily
represent the official position or policies of U.S. Department of Homeland Security."
21) RESTRICTIONS, DISCLAIMERS and NOTICES
A. Approval of this award does not indicate approval of any consultant rate in excess of $450 per
day. A detailed justification must be submitted to and approved by GDEM/SAA prior to
obligation or expenditure of such funds.
B. In cases where local funding is established by COGS, release of funds by GDEM is contingent
upon regional funding allocation approval by the sub-recipient's COG governing board.
C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that
GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to
meet GDEM's liabilities hereunder. GDEM shall not be liable to the Sub-recipient for costs under
this Agreement which exceed the amount specified in the Notice of Sub-recipient Award.
D. Notice. All notices or communication required or permitted to be given by either party
hereunder shall be deemed sufficiently given if mailed by registered mail or certil=led mail,
return receipt requested, or sent by overnight courier, such as Federal Express, to the other
party at its respective address set forth below or to such other address as one party shall give
notice of to the other from time to time hereunder. Mailed notices shall be deemed to be
received on the third business day following the date of mailing. Notices sent by overnight
courier shall be deemed received the following business day.
City of Fort Worth
Mayor Mike Moncrief
1000 Throckmorton
Fort Worth, TX 76102-6311
Jack Colley, Chief
Division of Emergency Management
Office of the Governor
PO Box 4087
Austin , TX 78773-0270
Page 8 OF 8
G®ty of Dorf 1~/orfh, ?"exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/29/2008 -Ord. # 18068-04-2008
DATE: Tuesday, April 29, 2008
UOG NAME: 02FY07HSGPGAN01 REFERENCE NO.: ~~C-22781
SUBJECT:
Authorize Acceptance of Additional Award of $349,207.21. from the Texas Governor's Division of
Emergency Maragement Under the FY 2007 Homeland Security Grant Program Funds; Authorize
the City Manager to Execute the Grant Agreement and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to accept from the Texas Governor's Division of Emergency Management an
additional award of $349,207.21 to the City of Fort Worth under the FY2007 Homeland Security Grant
Program;
2. Authorize the City Manager to Execute the Grant Agreement; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $349,207.21, subject to receipt of the additional award.
DISCUSSION:
The City Council approved and accepted the FY2007 Homeland Security Grant administered by the Texas
Governor's Division of Emergency Management on November 27, 2007 (M&C C-22546). As a result of that
action, the City was awarded a credit in the amount of $4,457,265.00 for the procurement of homeland
security related equipment and services.
An additional $349,207.21 has been awarded to the City with the support of the North Central Texas
Council of Governments Regional Emergency Preparedness Advisory Committee to support three regional
homeland security projects:
1. $175,000.00 has been awarded to continue support for the regional public education program,
KnoWhat2Do, which provides information on disaster preparedness for citizens (www.knoWhat2do.com);
2. $75,000.00 has been awarded to support regional development of the Special Needs Assistance
Program (SNAP). The SNAP program was re-started by the Office of Emergency Management in 2006 as
another conduit to connect first responders with individual's in our community with special needs. A web site
and database allows a community to capture location and type of need for individuals in the community who
may need assistance in an emergency. Funds will be used to support development of an expanded
program accessible to residents in all North Texas cities (www.snapforyou.org); and
3. $99,207.21 has been awarded for the expansion of a regional Radio Amateur Civil Emergency Services
digital radio system to support emergency communications needs during severe weather and other large
scale events.
Logname: 02FY07HSGPGAN01 Page 1 of 2
The new total of funds allocated to the City through the FY2007 Homeland Security Grant Program is
$4, 806,472.21.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, acceptance and
execution of the grant contract and approval of the attached appropriation ordinance, funds will be available
in the current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451217 002442281000 $349.207.21
GR76 5(VARIOUS) 002442281XXX $349.207.21
Submitted for City Manager's Office b~ Joe Paniagua (8476)
Originating Department Head: Juan Ortiz (6173)
Additional Information Contact: Eric Carter (2877)
Logname: 02FY07HSGPGAN01 Page 2 of 2