HomeMy WebLinkAboutContract 37046CITY SECRETARY
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Governor's Division of Emergency Management
Governor's Division of Emergency Management
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2006 Grant Adjustment Notice
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City of Fort Worth
This GAN changes the performance dates of the grants in Section 5,
Date of Award
April 7, 2008
i. Sub -Recipient Name and Address
2. Prepared by: Latham, John
3. Award Number: 06-GA 27000-07
4. Federal Grant Information
Mayor Mike Moncrief
Federal Grant Title:
Homeland Security Grant Program
City of Fort Worth
Federal Grant Award Number:
2006-GE-T6-0068
1000 Throckmorton
Date Federal Grant Awarded to GDEM:
July 1, 2006
Fort Worth, TX 76102-6311
Federal Granting Agency:
Office of Grants and Training
U.S. Department of Homeland Security
5.
Award Amount and Grant Breakdowns
Note: Additional
Budget Sheets (Attachment A): No
Total Award
Amount
CCP
LETPP MMRS SHSP UASI Other
97.053
97.074 97.071 97.073 97.008
^f
�G, 657, 637.67
$0.00
$63, 242.00 $232,330.00 $0.00 $2,362,065.67 $0.00
This award supersedes all previous awards. Performance Period: ]ul 1, 2006 to Feb 28, 2009
6. Statutory Authority for Grant: This project
is supported under Public Law 109-90, the Department of Homeland Security
Appropriations Act of 2006.
7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of
invoices.
8. Debarment/Suspension Certification: The
Sub -Recipient certifies that the subgrantee and its' contractors/vendors are not
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency
and do not appear in the Excluded Parties List System at http://www.epls.gov.
9.
Agency Approval
Approving GDEM Official:
Signature of GDEM Official:
Jack Colley, Chief
Division of Emergency Management
Office of the Governor
10.
Sub -Recipient Acceptance
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub -Recipient official:
Signature of Sub -Recipient Official:
/tcLE/'TEO ✓i j� �� �� LFb�? T'1
Joe Paniagua
I�i�-�-�-
First Assistant City Manager
i3�s • s �%
City of Fort Worth
ii. Enter Employer Identification Number (EIN) /Federal
Tax Identification Numbe
12. Date Sign d
��
�i ci �i��r{j{'�(�Ui��i t eposit Form (if a plicab
must be returned to GDEM on or before the above due date.
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GOVERNOR'S DIVISION OF EMERGENCY 2006 Grant Adjustment Notice
MANAGEMENT (GDEM) I
For
HOMELAND SECURITY GRANT
PROGRAM (HSGP) City of Fort Worth
AWARD NUMBER 2006 HSGP - 27000
TERMS AND CONDITIONS
PURPOSE AND OVERVIEW
Sub -grant funds provided shall be used to provide law enforcement and emergency response communes
with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential
threats of manmade, natural disasters and acts of terrorism as described in the federal program guidelines,
specifically: planning, equipment, training and exercise needs, All costs under these categories must be
eligible under OMB Circular No. A-87 Attachment A, located at
http://wwwiwhitehouse.gov/omb/circulars/index.html,
1) AWARD ACCEPTANCE
The Notice of Sub-recipientAward is only an offer until the sub -recipient returns the signed copy of
the Notification of Sub -recipient Award in accordance with the date provided in the transmittal letter.
2) GUIDANCE
This Sub -recipient is subject to the program guidance contained in the U.S. Department of Homeland
Security (DHS) FY 2006 Homeland Security Grant Program Guidelines and Application Kit, The
Program Guidance and Application Kit can be accessed at
http://www.ojp.usdoj.gov/odp/grants_programs.htm. G&T periodically publishes Information Bulletins
to release, update, amend or clarify grants and programs which it administers. Office of Grants and
Training (OGT)'s Information Bulletins can be accessed at
http://www.ojp.usdoj.gov/odp/dots/bulletins.htm and are incorporated by reference into this
sub -grant. This sub -award is also subject to any Homeland Security Grant Program (HSGP) grant
guidance issued by GDEM.
3) COIvPLIANCE
A. Sub -recipient hereby assures and certifies compliance with all applicable Federal statutes,
regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-871 A-1021
A-1101 A-1221 A-133; Ex. Order 12372 (intergovernmental review of federal programs); and
28 C.F.R. parts 18, 22, 23, 30, 35, 38, 42, 61, and 63, 66 or 70 (administrative requirements
for grants and cooperative agreements).
B. Sub -recipient will comply with the organizational audit requirements of OMB Circular A-133,
Audits of States, Local Governments, and Non -Profit Organizations, as further described in the
current edition of the Office of Grant Operations (OGO)'s Financial Management Guide (Jan
2006) at
http://www.dhs.gov/dhspublic/interweb/assetlibrary/Grants_ FinancialManagementGuide.pdf.
Co When implementing Office of Grants and Training (OGT) funded activities, the sub -recipient
must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as
amended. The sub -recipient is required to take reasonable steps to ensure persons of limited
English proficiency have meaningful access to language assistance services regarding the
development of proposals and budgets and conducting OGT funded activities.
D. Sub -recipient agrees to comply with the applicable financial and administrative requirements
set forth in the current edition of the Office of Grant Operations (OGO) Financial Management
Guide located at http://www,ojp,usdoj.gov/oc/.
E. Sub -recipient will assist the awarding agency (if necessary) in assuring compliance with
section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order
11593 (identification and protection of historic properties), the Archeological and Historical
Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy
Act of 1969 (42 U.S.C. § 4321). (Federal Assurance)
F. Sub -recipient must comply (and must require contractors to comply) with any applicable
statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C.
§ 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. §
5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29
U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the
Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age
Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of
the laws for faith -based and community organizations). (Federal Assurance)
G. If the sub -recipient is a governmental entity, it must comply with the requirements of the
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et
seq:), which govern the treatment of persons displaced as a result of federal and
federally -assisted programs; and (Federal Assurance)
IL
Page 2 of 7
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
4)
5)
HOMELAND SECURITY GRANT
PROGRAM (HSGP)
COMPLIANCE (continued)
2006 Grant Adjustment Notice
For
TERMS AND CONDITIONS
city of Fort Worth
H. The sub -recipient will cooperate with any Federal, State or Council of Governments assessments,
national evaluation efforts, or information or data collection requests, including, but not limited
to, the provision of any information required for the assessment or evaluation of any activities
within this project.
I. Sub -recipient agrees to comply with any additional requirements set by their Council of
Governments (COG) in the project notes area on the SPARS website for each project, i.e. mutual
aid agreements and UASI working group approvals, if applicable.
J. Drug Free Workplace
As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67,
Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. The
sub -recipient certifies that it will or will continue to provide a drug -free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
2. Establishing an on -going drug -free awareness program to inform employees about the
dangers of drug abuse in the workplace; the grantee's policy of maintaining a drug -free
workplace; any available drug counseling, rehabilitation, and employee assistance
programs; and the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph 3(K)(1);
4. Notifying the employee in the statement required by paragraph (3)(K)(1) that, as a
condition of employment under the grant, the employee will abide by the terms of the
statement; and Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days after
such conviction;
5. Notifying the Governor's Division of Emergency Management/State Administrative Agency
(GDEM/SAA), in writing, within 10 calendar days after receiving notice under
subparagraph 3(K)(4), from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position title,
to GDEM/SAA. Notice shall include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 3(K)(4), with respect to any employee who is so convicted
a. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs 1), 2), 3), 4), 5), and 6). (Federal Certification)
FAILURE TO COMPLY
GDEM/SAA may suspend or terminate sub -award funding, in whole or in part, or other measures may be
imposed for any of the following reasons: failing to comply with the requirements or statutory objectives
of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the
sub -award application, failing to follow grant agreement requirements or special conditions, failing to
submit required reports, or filing a false certification or other report or document. Satisfactory Progress
is defined as accomplishing the following during the performance period of the grant: deciding what
purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and
training is accomplished with the equipment (or readied for deployment). All of the aforementioned task
must be accomplished in a timely manner. Special Conditions may be imposed on sub -recipient's
use of grant funds until problems identified during grant monitoring visits conducted by
GDEM audit and compliance personnel are resolved.
CONFLICT OF INTEREST
The sub -recipient will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or
ger�onal gain. ,
Page 3 OF 7
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
HOMELAND SECURITY GRANT
PROGRAM (HSGP)
6) LOBBYING
2006 Grant Adjustment Notice
For
TERMS AND CONDITIONS
City of Fort Worth
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons
entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the
sub -recipient certifies that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
sub -recipient, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the making of any Federal grant, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal grant or cooperative agreement;
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions.
7) DEBARMENT, SUSPENSION, &OTHER RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part
67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section
67.510. (Federal Certification)
The sub -recipient certifies that it and its principals and vendors:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced
to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency; sub -recipients can access debarment
information by going to http://www,epls.gov/.
B. Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default; and
E. Where the applicant is unable to certify to any of the statements in this certification, he or she
shall attach an explanation to this application. (Federal Certification)
8) MONITORING
A. Sub -recipient will provide GDEM, State Auditor, or DHS personnel or their authorized
representative, access to and the right to examine all paper or electronic records related to the
financial assistance.
B. Sub -recipient agrees to monitor their program to ensure that federal awards are used for
authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant
agreements and that the performance goals are achieved. In addition, Councils of Governments
will perform periodic monitoring of grant recipients to ensure compliance.
C. GDEM/SAA may perform periodic reviews of sub -recipient performance of eligible activities and
approved projects. These reviews may include, without limitation: performance of on -site audit
and compliance monitoring, including inspection of all grant -related records and items,
comparing actual sub -recipient activities to those approved in the sub -award application and
subsequent modifications if any, ensuring that advances have been disbursed in accordance with
applicable guidelines, confirming compliance with grant assurances, verifying information
provided in performance reports and reviewing payment requests, needs and threat assessments
and strategies.
9) REPORTING
A. A-133 Reporting Requirement —All sub -recipients must submit an audit report to the Federal
Audit Clearinghouse if they expended more than $500,000 in federal funds in one fiscal year.
The federal Audit Clearinghouse submission requirements can be found at
.http://harvester,census.gov/sac/. A report must be submitted to GDEM/SAA each year this grant
�is acti �l ve=,
=Psi �14 IV
Page 4 OF 7
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
HOMELAND SECURITY GRANT
PROGRAM (HSGP)
9) REPORTING (continued)
2006 Grant Adjustment Notice
For
TERMS AND CONDITIONS
city of Fort Worth
B. Sub -recipient agrees to comply with all reporting requirements and shall provide such
information as required to GDEM/SAA for reporting as noted in the 2006 Federal Grant
Guidelines and/or in accordance with GDEM/SAA guidance.
C. Sub -recipient must prepare and submit performance reports to GDEM/SAA for the duration of
the grant performance period or until all grant activities are completed and the grant is formally
closed. Sub -recipient may also be required to submit additional information and data requested
by GDEM/SAA.
10) USE OF FUNDS
A. Sub -recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of OGT.
B. The sub -recipient agrees that all allocations and use of funds under this grant will be in
accordance with the Homeland Security Grant Program Guidelines and Application Kit for that
fiscal year and must support the goals and objectives included in the State Homeland Security
Strategic Plan and the Urban Area Homeland Security (UASI) Strategies.
C. The sub -recipient official certifies federal funds will be used to supplement existing funds, and
will not replace (supplant) funds that have been appropriated for the same purpose.
Sub -recipient may be required to supply documentation certifying that a reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of federal
funds.
11) REIMBURSEMENT
A. Sub -recipient agrees to make no request for reimbursement prior to return of this agreement
and signed by the authorized sub -recipient representative.
B. Sub -recipient agrees to make no request for reimbursement for goods or services procured by
sub -recipient prior to the performance period start date of this agreement.
1Z) ADVANCE FUNDING
A. If a financial hardship exists, asub-recipient may request an advance of grant funds for
expenditures incurred under this program. Requests must be made in writing by the chief
elected official and submitted to GDEM/SAA. This will be accomplished using the SPARS website
by following the instructions for generating hardship letters. GDEM/SAA will determine whether
an advance will be made.
B. If a sub -recipient is approved for an advance, the funds must be deposited in a separate
interest bearing account and are subject to the rules outlined in the Uniform Rule 28 CFR Part
66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, at http://www.access.gpo.gov/nara/cfr/waisidx_04/28cfrv2_04,html and
the Uniform Rule 28 CFR Part 70, Uniform Administrative Requirements for Grants and
Agreements (including sub -awards) with Institutions of Higher Education, Hospitals, and other
Nonprofit Organizations, at http://www. access.gpo.gov/nara/cfr/waisidx_03/28cfr70_03.htm1.
Sub -recipients must report any interest earned to GDEM/SAA. Any interest earned in excess of
$100 must, on a quarterly basis, be remitted to:
United States Department of Health and Human Services
Division of Payment Management Services
P.O. Box 6021
Rockville , MD 20852
13) TRAINING/EXERCISE
Sub -recipient agrees that, during the performance period of this grant, any and all changes to their
sub -recipient agreement regarding planning, training, equipment, and exercises must be routed
through the appropriate reviewing authority, either the local Council of Governments or Urban Area
Security Initiative (UASI) Working Group,
14) EQUIPMENT REQUIREMENTS
A. Sub -recipients must maintain an updated inventory of equipment purchased through this grant
program in accordance with Uniform Grant Management Standards —III, State Uniform
Administrative Requirements For Grants and Cooperative Agreements, Subpart C -Post-Award
Requirements, Reports, Records, Retention, and Enforcement, .32 Equipment and the Office of
Grant f�perations Financial Management Guide .
Page 5 OF 7
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
14)
15)
17)
18)
HOMELAND SECURITY GRANT
PROGRAM (HSGP)
2006 Grant Adjustment Notice
For
TERMS AND CONDITIONS
EQUIPMENT REQUIREMENTS (continued)
City of Fort Worth
B. The sub -recipient agrees that any equipment purchased with grant funding
marked as follows: "Purchased with funds provided by the U.S. Department
Security." Exceptions to this requirement are limited to items where placing
not possible due to the nature of the equipment.
UASI
shall be prominently
of Homeland
of the marking is
A. If the sub -recipient is a participant in a UASI program, during the performance period of this
grant, sub -recipient agrees to adhere to the UASI strategy, goals, objectives, and
implementation steps.
B. Sub -recipient agrees that, during the performance period of this grant, all communications
equipment purchases must be reviewed and approved by the Regional Interoperable
Communications Committee and the UASI points of contact (voting members), if applicable.
REQUIREMENTS -MISCELLANEOUS
A. During the performance period of this grant, sub -recipient must maintain an emergency
management plan at the Basic Level of planning preparedness or higher, as prescribed by
GDEM. This may be accomplished by a subgrantee maintaining its own emergency management
plan or participating in an inter -jurisdictional emergency management program that meets the
required standards. If GDEM identifies deficiencies in the sub -recipient's plan, sub -recipient will
correct deficiencies within 60 days of receiving notice of such deficiencies from GDEM.
B. Projects identified in the State Preparedness Assessment Report System (SPARS)
(www.texasdpa.com) must identify and relate to the goals and objectives indicated by the
applicable 15 approved project investments for the period of performance of the grant.
C. During the performance period of this grant, sub -recipient agrees that it will participate in a
legally -adopted county and/or regional mutual aid agreement.
D. During the performance period, the sub -recipient must register as a user of the Texas Regional
Response Network (TRRN) and identify all major resources such as vehicles and trailers,
equipment costing $5,000 or more and specialized teams/response units equipped and/or
trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.).
This registration is to ensure jurisdictions or organizations are prepared to make grant funded
resources available to other jurisdictions through mutual aid.
E. Sub -recipients must implement the National Incident Management System (NIMS) at the local
level. The requirement to train personnel on the IS-700 course, National Incident Management
System (NIMS), An Introduction, has been extended into FY 06. Grant recipients must have
formally recognized the NIMS and adopt the NIMS principles and policies.
CLOSING THE GRANT
A. The sub -recipient must have all equipment ordered by December 30, 2007. The last day for
submission of invoices is February 28, 2008.
B. GDEM/SAA will close a sub -award after receiving sub -recipient's final performance report
indicating that all approved work has been completed and all funds have been disbursed,
completing a review to confirm the accuracy of the reported information, and reconciling actual
costs to awards modifications and payments. If the close out review and reconciliation indicates
that the sub -recipient is owed additional funds, GDEM/SAA will send the final payment
automatically to the sub -recipient. If the sub -recipient did not use all the funds received,
GDEM/SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds.
PUBLICATIONS
A. Sub -recipient acknowledges that OGO/OGT reserves aroyalty-free, non-exclusive, and
irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for
Federal government purposes: (1) the copyright in any work developed under an award or
sub -award; and (2) any rights of copyright to which a recipient or sub -recipient purchases
ownership with Federal support. The Recipient agrees to consult with SLGCP regarding the
allocation of any patent rights that arise from, or are purchased with, this funding.
B. The sub -recipient agrees that all publications created with funding under this grant shall
prominently contain the following statement: "This Document was prepared under a grant from
the Office of Grants and Training , United States Department of Homeland Security. Point of
view or opinions expressed in the document are those of the authors and do not necessarily
represent the official position or policies of U.S. Department of Homeland Security."
Page 6 OF 7
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
HOMELAND SECURITY GRANT
PROGRAM (HSGP)
2006 Grant Adjustment Notice
For
TERMS AND CONDITIONS
19) RESTRICTIONS, DISCLAIMERS and NOTICES
City of Fort Worth
A. Approval of this award does not indicate approval of any consultant rate in excess of $450 per
day. A detailed justification must be submitted to and approved by GDEM/SAA prior to
obligation or expenditure of such funds.
B. In cases where local funding is established by COGS, release of funds by GDEM is contingent
upon regional funding allocation approval by the sub -recipient's COG governing board.
C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that
GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to
meet GDEM's liabilities hereunder. GDEM shall not be liable to the Sub -recipient for costs under
this Agreement which exceed the amount specified in the Notice of Sub -recipient Award.
D. Notice. All notices or communication required or permitted to be given by either party
hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail,
return receipt requested, or sent by overnight courier, such as Federal Express, to the other
party at its respective address set forth below or to such other address as one party shall give
notice of to the other from time to time hereunder. Mailed notices shall be deemed to be
received on the third business day following the date of mailing. Notices sent by overnight
courier shall be deemed received the following business day.
Jack Colley, Chief
Division of Emergency Management
Office of the Governor
PO Box 4087
Austin , TX 78773-0270
Page 7 OF 7