HomeMy WebLinkAboutOrdinance 20213-05-2012Ordinance No. 20213 -05 -2012
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $37,633.19,
SUBJECT TO RECEIPT OF THE ADDITIONAL GRANT AWARD FROM TEXAS
DEPARTMENT OF PUBLIC SAFETY, FOR THE PURPOSE OF FUNDING
PLANNING ACTIVITY AND PURCHASING ADDITIONAL EMERGENCY
SHELTER READINESS SUPPLIES; PROVIDING FOR A SEVERABILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING ALL 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 2011 -2012 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants
Fund in the amount of $37,633.19, subject to receipt of the additional grant award from Texas Department
of Public Safety, for the purpose of funding planning activity and purchasing additional emergency shelter
readiness supplies.
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.19911 -09 -2011 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of said prior ordinances and appropriations are hereby expressly repealed.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 Attonle�
V)OP "FLD ANA) EFFECTIVE: Ala"' I "() 12
2009 TERMS AND CONDITIONS
Homeland Security Grant Program (HSGP)
FY 2009 HSGP is comprised of four separate grant programs:
• State Homeland Security Program (SHSP)
• Urban Areas Security Initiative (UASI)
• Metropolitan Medical Response System (MMRS)
• Citizen Corps Program (CCP)
Parties to Sub - recipient Agreement
This Sub - recipient agreement is made and entered into by and between the Texas Division of Emergency
Management/State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "TDEM," and the
funds recipient, hereinafter referred to as the "Sub- recipient." Furthermore, TDEM and the Sub - recipient are collectively
hereinafter referred to as the "Parties." By this Sub - recipient agreement's execution, the Parties have severally and
collectively agreed to be bound to the mutual obligations and to the performance and accomplishment of the tasks
described in this Sub - recipient agreement. The Sub - recipient Agreement is only an offer until the Sub - recipient returns
the signed copy of the 2009 Sub - recipient Agreement in accordance with the date provided in the transmittal letter and in
the agreement. The Sub - recipient must also certify to the statements provided in Exhibits B and C by signing and
returning a copy of these documents with the Sub - recipient Agreement.
Overview, Special Conditions and Performance Standards
A. Overview.
State Homeland Security Grant (SHSP)
The State Homeland Security Program (SHSP) is a core assistance program that provides funds to build capabilities
at the State and local levels and to implement the goals and objectives included in State Homeland Security
Strategies and initiatives in the State Preparedness Report. SHSP supports the implementation of State Homeland
Security Strategies to address the identified planning, organization, equipment, training, and exercise needs for acts
of terrorism and other catastrophic events. In addition, SHSP supports the implementation of the National
Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response
Framework (NRF).
Urban Areas Security Initiative (UASI)
Urban Areas Security Initiative (UASI) program funds address the unique planning, organization, equipment, training
and exercise needs of high- threat, high- density Urban Areas, and assist them in building an enhanced and
sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism.
Metropolitan Medical Response System (MMRS)
The MMRS program supports the integration of emergency management, health, and medical systems into a
coordinated response to mass casualty incidents caused by any hazard. MMRS Grantees will reduce the
consequences of a mass casualty incident during the initial period of a response by having augmented existing local
operational response systems before the incident occurs.
Citizen Corps Program (CCP)
The Citizen Corps mission is to bring community and government leaders together to coordinate the involvement of
community members and organizations in emergency preparedness, planning, mitigation, response, and recovery.
B. Special Conditions
SHSP
Activities implemented under SHSP must support terrorism preparedness by building or enhancing capabilities that
relate to the prevention of, protection from, or response to, and recovery from terrorism in order to be considered
eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for
other hazards. Grantees must demonstrate this dual -use quality for any activities implemented under this program
that are not explicitly focused on terrorism preparedness.
The recipient may only fund projects that were included in the FY 2009 State Investment Justifications which were
submitted and approved by DHS /FEMA Use of SHSP funds must be consistent with and supportive of
implementation of the State Homeland Security Strategy and State Preparedness Report. Linkages between specific
projects undertaken with SHSP funds and strategic goals and objectives will be highlighted through regular
mechanisms, including the Biannual Strategy Implementation Report (BSIR)
As defined in the FY 2009 grant guidance, the FY 2009 SHSP will focus on two objectives as the highest priorities.
These two objectives are:
1. National Priority: Strengthen Information Sharing and Collaboration Capabilities — Maximizing Information
Sharing via the National Network of Fusion Centers;
2. National Priority: Strengthen Medical Surge and Mass Prophylaxis — Developing and Enhancing Health and
Medical Readiness and Preparedness Capabilities. These two priorities are in addition to the priorities for
all programs under the Homeland Security Grant Program and, if applicable, the Law Enforcement
Terrorism Prevention Activities Priorities.
A personnel cap of up to 50% of total program funds may be used for personnel and personnel - related activities as
directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland
Security Act (Public Law 110 -412). In general, the use of Homeland Security Grant Program grant funding to pay for
staff and /or contractor regular time or overtime /backfill is considered a personnel cost.
Since a separate LETPP grant program for Law Enforcement Terrorism Prevention Activities was not created for FY
2009, the State is required to ensure that local and state sub - grantees expend at least 25 percent of their SHSP
award funds towards law enforcement terrorism prevention - oriented planning, organization, training, exercise, and
equipment activities.
UASI
Allocations and use of grant funding must support and be coordinated with the goals and objectives included in the
State and /or Urban Area Homeland Security Strategies. The recipient may only fund projects that were included in
the FY 2009 Urban Area Investment Justifications which were submitted and approved by DHS /FEMA. The
recipient agrees that funds utilized to establish or enhance designated state and Urban Area fusion centers must
support the development of a statewide fusion process that corresponds with the Global Justice /Homeland Security
Advisory Council (HSAC) Fusion Center Guidelines and the National Strategy for Information Sharing, and
achievement of a baseline level of capability as defined by Global's Baseline Capabilities for State and Major Urban
Area Fusion Centers, a supplement to the Fusion Center Guidelines, located at
http: / /www.it.oip.gov/ documents /baselinecapabilitiesa.pdf. The recipient agrees to fund any multi -state or multi -urban
area Investments that were included in the FY2009 Investment Justification that was submitted to GPD and received
a bonus in the effectiveness analysis.
A personnel cap of up to 50% of total program funds may be used for personnel and personnel - related activities as
directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland
Security Act (Public Law 110 -412). In general, the use of Homeland Security Grant Program grant funding to pay for
staff and /or contractor regular time or overtime /backfill is considered a personnel cost.
MMRS
MMRS is a local grant which will require each MMRS Jurisdiction establish a single Point of Contact (POC) who will
serve as the responsible contact for MMRS implementation, activities, and procurement for the jurisdiction as lead
and in coordination with a Jurisdictional MMRS Steering Committee. The POC and MMRS Steering Committee will
integrate local emergency management, health and medical systems with their Federal and State counterparts
through a locally established multi- agency, collaborative planning framework; promote regional coordination of mutual
aid with neighboring localities; regularly validate the jurisdictions local emergency response capability to a mass
casualty incident by means of an exercise or other validation means, collaborate with local, regional, and State health
and medical partners, such as Medical Reserve Corps Units and Citizen Corps Councils, as well as leverage other
Federal programs, such as the U.S. Department of Health and Human Services Assistant Secretary for
Preparedness and Response (DHHS -ASPR) Hospital Preparedness Program and Emergency Systems for Advance
Registration of Volunteer Health Professionals (ESAR -VHP), Center for Disease Control and Prevention Cities
Readiness Initiative and Strategic National Stockpile, to coordinate and support plans, processes and strategies
related to, but limited to: Continuity of Government; Continuity of Operations; Equipment and Supplies Procurement;
Fatality Management; Forward Movement of Patients; Hospital Evacuation; Interoperable Communications; Patient
Tracking; Pharmaceutical and Medical Supply Management and Distribution; Public Education; Outreach and
Information; Recruiting Volunteers; and Training; ensure the "MMRS Leadership" is fully represented on the Urban
Area Working Group in cases where a MMRS grant is awarded and a UASI program exists; ensure all neighboring
MMRS subgrantees actively and demonstratively collaborate to develop a regional plan that supports the MMRS
mission in that region in cases where MMRS subgrantees are located adjacent to one another and implement an
Investment Justification that clearly identifies the size of the populations included in the planning and operational
areas supported by the MMRS grant. The Metropolitan Medical Response System (MMRS) provides funds to build
capabilities at the State and local levels to implement the goals and objectives included in State Homeland Security
Strategies and initiatives in the State Preparedness Report. MMRS supports the implementation of State Homeland
Security Strategies to address the identified planning, organization, equipment, training, and exercise needs for acts
of terrorism and other catastrophic events. In addition, MMRS supports the implementation of the National
Preparedness Guidelines, the National Incident Management System (NIMS), and the National Response
Framework (NRF).
Activities implemented under MMRS must support terrorism preparedness by building or enhancing capabilities that
relate to the prevention of, protection from, or response to, and recovery from terrorism in order to be considered
eligible. However, many capabilities which support terrorism preparedness simultaneously support preparedness for
other hazards. Grantees must demonstrate this dual -use quality for any activities implemented under this program
that are not explicitly focused on terrorism preparedness.
Use of MMRS funds must be consistent with and supportive of implementation of the State Homeland Security
Strategy and State Preparedness Report. Linkages between specific projects undertaken with MMRS funds and
strategic goals and objectives will be highlighted through regular mechanisms, including the Biannual Strategy
Implementation Report (BSIR)
As defined in the FY 2009 grant guidance, the FY 2009 MMRS will focus on two objectives as the highest priorities.
These two objectives are:
1. National Priority: Strengthen Information Sharing and Collaboration Capabilities — Maximizing Information
Sharing via the National Network of Fusion Centers;
2. National Priority: Strengthen Medical Surge and Mass Prophylaxis — Developing and Enhancing Health and
Medical Readiness and Preparedness Capabilities. These two priorities are in addition to the priorities for
all programs under the Homeland Security Grant Program and, if applicable, the Law Enforcement
Terrorism Prevention Activities Priorities.
As]
The sub - recipient must register their Citizen Corps Council on the Citizen Corps website htto: / /www.citizencorr)s.gov
and manage their program and information on the site. Citizen Corps Councils must include representatives of
emergency management, homeland security, law enforcement, fire service, medical services /public health or their
designee, elected officials, the private sector, private non - profits, non - governmental organizations and advocacy
groups for special needs populations. In addition, representatives from existing Citizen Corps programs, such as
Volunteers in Police Service (YIPS), Medical Reserve Corps (MRC), Community Emergency Response Team
(CERT), Neighborhood Watch, and Fire Corps should be included on the Citizen Corps Council. Where applicable, a
Metropolitan Medical Response System representative should also be included on the Citizen Corps Council.
All allocations and use of funds under this grant must be in accordance with the FY 2009 HSGP Guidelines and
Application Kit found at http: / /www.fema.gov /government /grant /hsgp /index.shtm. All award Sub - recipients are
required to have read, understood and accepted the FY 2009 HSGP Guidance and Application Kit as binding.
C. Standard of Performance. The Sub - recipient shall perform all activities and projects entered into the SAA web -
based grants management system approved by its Council of Governments (COG) and by the State Administrative
Agency (SAA). The Sub - recipient shall perform all activities in accordance with all terms, provisions and requirements set
forth in this Sub - recipient agreement and the:
Applicable Laws and Regulations, hereinafter referred to as 'Exhibit A
Certifications, hereinafter referred to as "Exhibit B and
3. Certification Regarding Lobbying for Sub - recipient Agreements, Grants, Loans, and Cooperative Agreements
hereinafter referred to as "Exhibit C ".
D. Failure to Perform. In the event the Sub - recipient fails to implement the project(s) entered into The SAA web -based
grants management system, or comply with any of this Sub - recipient agreement's provisions, in addition to the remedies
specified in this Sub - recipient agreement, the Sub - recipient is liable to TDEM 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 /FEMA grant
program funds or any other federal program funds administered by TDEM until repayment to TDEM is made and any
other compliance or audit finding is satisfactorily resolved.
TDEM Obligations
A. Measure of Liability. TDEM shall be liable for actual and reasonable costs incurred by the Sub - recipient during the
Sub - recipient agreement period for performances rendered under this Sub - recipient agreement by the Sub - recipient,
subject to the limitations set forth in this Section. TDEM shall not be liable to the Sub - recipient for any costs incurred by
the Sub - recipient that are not allowable costs.
B. Sub - recipient Agreement Funds Defined and Limit of Liability. The term "Sub- recipient agreement funds" as used in
this Sub - recipient agreement means funds provided by TDEM under the DHS /FEMA grant programs. The term "Sub -
recipient's 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 all payments and other obligations
incurred by TDEM under this Sub - recipient agreement shall not exceed the Total Award Amount listed on the cover page
of the Sub - recipient agreement.
C. Excess Payments. The Sub - recipient shall refund to TDEM any sum of Sub - recipient agreement funds that has
been paid to the Sub - recipient by TDEM or that TDEM determines has resulted in overpayment to the Sub - recipient that
TDEM determines has not been spent by the Sub - recipient in accordance with this Sub - recipient agreement. No refund
payment(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 TDEM within thirty (30) days after TDEM
requests such refund.
Suspension
Notwithstanding the provisions of Chapter 2251, Texas Government Code, in the event the Sub - recipient fails to comply
with any of this Sub - recipient Agreement's terms, TDEM may, upon written notification to the Sub - recipient, suspend this
Sub - recipient agreement in whole or in part, withhold payments to the Sub - recipient and prohibit the Sub - recipient from
incurring additional obligations of Sub - recipient agreement funds.
Termination
A. TDEM's Right to Terminate. TDEM shall have the right to terminate this Sub - recipient agreement, in whole or in
part, at any time before the end of the Performance Period, whenever TDEM determines that the Sub - recipient has failed
to comply with any of this Sub - recipient agreement's terms. TDEM shall notify the Sub - recipient in writing prior to the
thirtieth (30th) day preceding the 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 be terminated.
B. Parties' Right to Terminate. In addition to TDEM's right to terminate specified in Subsection A of this section, both
Parties shall have the right to terminate this Sub - recipient agreement, in whole or in part, when the Parties agree that the
continuation of the activities funded under this Sub - recipient agreement would not produce beneficial results
commensurate with the further expenditure of Sub - recipient agreement funds. The Parties shall agree, in writing, upon
the termination conditions, including the effective date of termination and in the case of partial termination, the portion of
the Sub - recipient agreement to be terminated.
Conflict of Interest
The Sub - recipient shall operate in a manner to avoid any potential conflict of interest, real or apparent, and comply with
the related requirements of the Uniform Grant Management Standards (UGMS).
A. Financial Interest Prohibited. A conflict of interest may arise when the employee, officer or agent; any member of
his or her immediate family, his or her partner, or, any organization that employs, or is about to employ any of the above,
has a financial or other interest in the firm or person selected to perform a subcontract pursuant to this Sub - recipient
agreement. The Sub - recipient shall ensure that no employee, officer, or agent of the Sub - recipient shall participate in the
selection, in the award or administration of a subcontract supported by Sub - recipient agreement funds pursuant to this
Sub - recipient agreement and comply with Chapter 171, Texas Local Government Code.
B. Other Prohibited Interests. In all cases not governed by Subsection A of this Section and except for eligible
administrative or personnel costs, no person who is an employee, agent, consultant, officer, elected official, appointed
official of the Sub - recipient or of a subcontractor of the Sub - recipient who exercises or have exercised any functions or
responsibilities with respect to the activities assisted under this Sub - recipient agreement or any other DHS /FEMA Sub -
recipient agreement who are in a position to participate in a decision making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from the activity, have an interest in or benefit from the
activity or have any interest in any Sub - recipient agreement, subcontract or agreement with respect to the activities or the
proceeds either for themselves or those with whom they have family or business ties during their tenure or for one year
thereafter.
C. Inclusion in Subcontracts. The Sub - recipient shall include the substance of this Section in all subcontracts.
Monitoring
TDEM reserves the right to perform periodic office -based and /or on -site monitoring of the Sub - recipient's compliance with
this Sub - recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub - recipient's
performance pursuant to this Sub - recipient agreement. After each monitoring visit, TDEM 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 for the timely
correction of such deficiencies by the Sub - recipient. Failure by the Sub - recipient to take 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 Sections above.
Audit
A. Audit of Federal and State Funds. The Sub - recipient shall arrange for the performance of an annual financial and
compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipient
agreement as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The
Sub - recipient will also comply, as applicable, with Texas Government Code, Chapter 783, 1 TAC 5.141.et.seq. and the
Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative
Agreements.
B. TDEM's Right to Audit. Notwithstanding Subsection A of this Section, TDEM reserves the right to conduct a financial
and compliance audit of Sub - recipient agreement funds received and performances rendered under this Sub - recipient
agreement. The Sub - recipient agrees to permit TDEM or its authorized representative to audit the Sub - recipient's records
and to obtain any documents, materials or information necessary to facilitate such audit.
C. Sub - recipient's Liability for Disallowed Costs. The Sub - recipient understands and agrees that it shall be liable to
TDEM for any costs disallowed pursuant to financial and compliance audit(s) of Sub - recipient agreement funds. The Sub -
recipient further understands and agrees that reimbursement to TDEM of such disallowed costs shall be paid by the Sub -
recipient from funds that were not provided or otherwise made available to the Sub - recipient pursuant to this Sub - recipient
agreement or any other federal contract.
D. Sub - recipient's Facilitation of Audit. The Sub - recipient shall take such action to facilitate the performance of such
audit(s) conducted pursuant to this Section as TDEM may require of the Sub - recipient. The Sub - recipient shall ensure
that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub - recipient and
the requirement to cooperate is included in any subcontract it awards.
Reimbursement
Sub - recipient agrees to make no request for reimbursement prior to return of this agreement signed by the authorized
Sub - recipient representative. Sub - recipient also 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.
A. Request for Advance or Reimbursement. The Sub - recipient shall submit to TDEM, a properly completed Local
Purchase Submission Cover Sheet as often as actually needed. TDEM retains the authority to approve or deny amount
requested and shall not make disbursement of any such payment until TDEM has reviewed and approved such a request.
The Local Purchase Submission Cover Sheet shall be supported by documentation as required by the SAA, currently
referenced on the SAA web -based grants management system, and may be revised in subsequent policy updates.
B. Request for Advance Funds and Transfer of Funds. The Sub - recipient's requests for an advance of Sub - recipient
agreement funds shall be limited to the minimum amounts needed for effective operation of their project(s) under this
Sub - recipient agreement and shall be timed as closely as possible to be in accord with actual cash requirements. The
Sub - recipient shall establish procedures to minimize the time elapsing between the transfer of funds from TDEM to the
Sub - recipient and shall ensure that such funds are disbursed within fifteen (15) days unless extenuating circumstances
can be documented.
C. Payment Contingent. Notwithstanding the provisions of Subsection A of this Section, payments under this Sub -
recipient agreement are contingent upon the Sub - recipient's performance of its contractual obligations.
D. Source Documentation Requirement: Sub - recipients must provide proof of payment documentation with all
reimbursement requests submitted for processing. The following is a list of acceptable proof of payment documents:
• Copy of cancelled check
• Screen print of General Ledger account showing funds have been encumbered
• Credit Card Statement showing purchase of the items
• Payroll journal for individuals showing rate of pay and hours worked
• Copy of invoice stamped "paid" with the date, vendor initials and check number for reference
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 2009 must be achieved by completing required
actions outlined by FEMA and TDEM.
For a more detailed description of these requirements, as well as other NIMS implementation requirements, see
htto. / /www. fema. gov /emergency /n ims/CurrentYearGuidance. shtm
NIMSCAST Requirements
To be eligible to receive FY 2009 DHS funding, local primary jurisdictions and tribes must have achieved 100%
compliance with the FY 2008 NIMS compliance objectives and metrics in the NIMSCAST by January 30, 2009.
All State and territory grantees were required to submit their compliance assessment via the NIMSCAST by September
30, 2008 in order to be eligible for FY 2009 preparedness programs.
Additional information on achieving NIMS compliance is available through the FEMA National Integration Center (NIC)
Incident Management Systems Integration (IMSI) Division at httn://www.fema.gov/emergenc /nims /.
Other Requirements
A. During the performance period of this grant, Sub - recipients must maintain an emergency management plan at the
Intermediate Level of planning preparedness or higher, as prescribed by TDEM. This may be accomplished by a
J urisdiction maintaining its own emergency management plan or participating in an inter - jurisdictional emergency
management program that meets the required standards. If TDEM identifies deficiencies in the Sub - recipient's plan, Sub -
recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM.
B. Projects identified in the SAA web -based grant management system must identify and relate to the goals and
objectives indicated by the applicable 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 2009 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 SAA FY 09 COG Statement of Work.
H The States 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.
Closing the Grant
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. TDEM /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, TDEM /SAA will send the final payment automatically to the Sub -
recipient. If the Sub - recipient did not use all the funds received, TDEM /SAA will issue a Grant Adjustment Notice (GAN)
to recover the unused funds.
C. TDEM /SAA will unilaterally close out this grant if sub - recipient does not reconcile account and sign closeout GAN by
the 60th day after the sub - recipient performance period ends.
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 TDEM /SAA prior to obligation or expenditure of such funds.
U.S. Department of Justice Financial Guide (Part III Chapter 15) httpJ/ www .oip.usdoi.(7ov/financialquide/
B. In cases where local funding is established by COGs, release of funds by TDEM 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 TDEM's obligations
under this agreement are contingent upon the receipt of adequate funds to meet TDEM's liabilities hereunder. TDEM
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.
Chief
Division of Emergency Management
State Administrative Agency
PO Box 4087
Austin, TX 78773 -0220
Uniform Administrative Requirements, Cost Principals and Audit Requirements
Except as specifically modified by law or this Sub - recipient agreement's provisions, the Sub - recipient shall administer the
award through compliance with all applicable Laws and Regulations. A non - exclusive list is provided below
A. Administrative Requirements
1. 44 C.F.R. Part 13, 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, Hospitals and Other Non - Profit Organizations (OMB Circular A -110).
B. Cost Principles
1. 2C.F.R. Part 225, Cost Principles for State, Local and Tribal Governments (OMB Circular A -87)
2. 2C.F.R. Part 220, Cost Principals for Education Institutions (OMB Circular A -21)
3 2C. F, R. Part 230, Cost Principles for Non - Profit Organizations (OMB Circular A -122)
4. Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations
C. Audit Requirements — OMB Circular A -133, Audits of States, Local Governments and Non - Profit Organizations
Retention and Accessibility of Records
A. Retention of Records. The Sub - recipient shall maintain fiscal records and supporting documentation for all
expenditures of Sub - recipient agreement funds pursuant to the applicable OMB Circular and this Sub - recipient
agreement. The Sub - recipient shall retain these records and any supporting documentation for the greater of three (3)
years from the completion of this project's public objective, including program requirements and financial obligations, or
the period of time required by other applicable laws and regulations as described in Exhibit A.
B. Access to Records. The Sub - recipient shall give the United States Department of Homeland Security (DHS), the
Comptroller General of the United States, the Texas State Auditor, TDEM, or any of their duly authorized representatives,
access to and the right to examine all books, 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
DHS /FEMA funds. Such rights to access shall continue as long as the records are retained by the Sub - recipient. The
Sub - recipient agrees to maintain such records in an accessible location and to provide citizens reasonable access to such
records consistent with the Texas Public Information Act, Chapter 552, Texas Government Code.
C. Inclusion in Subcontracts. The Sub - recipient shall include the substance of this Section in all subcontracts.
Subcontracts
A. TDEM's Approval of Subcontract and Liabilitv. The Sub - recipient may subcontract for performances described in
this Sub - recipient agreement without obtaining TDEM's prior written approval.
B. Sub - recipient Liability. In no event shall any provision of this Section be construed as relieving the Sub - recipient of
the responsibility for ensuring that the performances rendered under all subcontracts comply with all of this Sub - recipient
agreement's terms as if such performances rendered were rendered by the Sub - recipient. TDEM's approval under this
Section does not constitute adoption, ratification or acceptance of the Sub - recipient's or a subcontractor's performance.
C. Applicable Law. The Sub - recipient shall comply with 44 C.F.R. § 13.1 -13.52 and all applicable federal and state
laws outlined in Exhibit A and local laws, regulations and ordinances related to making procurements under this Sub -
recipient agreement.
Legal Authority
A. Signatory Authority. The Sub - recipient assures and guarantees that the Sub - recipient possesses the legal authority
to enter into this Sub - recipient agreement, receive Sub - recipient agreement funds and to perform the services the Sub -
recipient has obligated itself to perform pursuant to this Sub - recipient agreement.
B. Authorized Representative. The person or persons signing and executing this Sub - recipient agreement on the Sub -
recipient's behalf do warrant and guarantee that he, she or they have been duly authorized by the Sub - 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.
Notice of Litigation and Claims
The Sub - recipient shall give TDEM immediate notice in writing of:
1. any action, including any proceeding before an administrative agency, filed against the Sub - recipient arising
out the performance of any subcontract under this Sub - recipient agreement; and
2. any claim against the Sub - recipient, the cost and expense of which the Sub - recipient may be entitled to be
reimbursed by DHS /FEMA grant programs.
Except as otherwise directed by TDEM, the Sub - recipient shall furnish immediately to TDEM copies of all documentation
received by the Sub - recipient with respect to such action or claim.
Indemnification
To the extent permitted by law, the Sub - recipient agrees to hold TDEM harmless and to indemnify TDEM from and
against any and all claims, demands and causes of action of every kind and character that may be asserted by any party
occurring or in any way incident to, arising out of or in connection with the services to be performed by the Sub - recipient
pursuant to this Sub - recipient agreement.
Changes and Amendments
A. Written Amendment. Except as specifically provided otherwise in this Sub - recipient agreement, any alterations,
additions or deletions to this Sub - recipient agreement's terms shall be made through Grant Adjustment Notices generated
by the SAA web -based grants management system and executed by the Parties.
B. Authority to Amend. During the period of this Sub - recipient agreement's performance TDEM and /or FEMA may
issue policy directives that serve to establish, interpret or clarify this Sub - recipient agreement's performance
requirements. Such policy directives shall be promulgated by TDEM or FEMA in the form of Information Bulletins and
shall have the effect of qualifying this Sub - recipient agreement's terms and shall be binding upon the Sub - recipient as if
written in the Sub - recipient agreement.
C. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Sub - recipient
agreement's terms that are required by the changes in federal and state laws or regulations are automatically
incorporated into this Sub - recipient agreement without written amendment to this Sub - recipient agreement and shall
become effective on the date designated by such law or regulation. 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
htt2.//www.oi,o. usdoi .gov /odDIdocs/bulletins.htm and are incorporated by reference into this sub - grant.
Headings
Headings and captions of this Sub - recipient agreement's sections and paragraphs are only for convenience and
reference. These headings 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.
Oral and Written Agreements
A. Prior Agreements. All oral and written agreements between the Parties relating to this Sub - recipient agreement's
subject matter that were made prior to Date of Execution have been reduced to writing and are contained in this Sub -
recipient agreement.
B. Exhibits. The exhibits enumerated and denominated in the agreement are hereby made a part of this Sub - recipient
agreement and constitute promised performances by the Sub - recipient in accordance with the Sub - recipient agreement
and the Exhibits.
C. Commissioner's Signature. This Sub - recipient agreement is not effective unless signed by the Chief of TDEM or by
his authorized designee.
Waiver
Any right or remedy provided for in this Sub - recipient agreement provision shall not preclude the exercise of any other
right or remedy under this Sub - recipient agreement or under any provision of law, nor shall any action taken or failure to
take action in the exercise of any right or remedy be deemed a waiver of any other rights or remedies at any time.
Venue
For purposes of litigation pursuant to this Sub - recipient agreement, venue shall lie in Travis County, Texas, and be
governed by Texas Statute.
EXHIBIT A
THE APPLICABLE LAWS AND REGULATIONS
The Sub - recipient shall comply with OMB Circular A -21, A -87, A -102, A -110, A -122, A -133; Ex. Order 12372
(intergovernmental review of federal programs); and 44 C.F.R, Part 13, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments. Sub - recipients shall also comply with 2C.F.R. Part 215,
Institutions of Higher Education, Hospitals and Other Non -Profit Organizations, 2C.F.R. Parts 225, State and Local
Governments, Part 220, Educational Institutions; and Part 230, Non - Profit Organizations. Compliance with Federal
Acquisition Regulation Sub -part 31.2, Contracts with Commercial organizations is required. 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 hereunder
and specified in State Administrative Agency Information Bulletins, Texas Uniform Grants Management Standards (UGMS)
and Paragraph A through M of this Exhibit.
A. CIVIL RIGHTS - Title VI of the Civil Rights Act of 1964, as amended. (42 U.S.C. § 2000d et seq.); (44 C.F.R. 7.1)
http:/ /uscode house qov /uscode -cgi /fastweb exe ?getdoc +uscview +t41t42 +2957 +3 + + %28civil %20ri
http: / /www. access, goo. qov /nara /cfr /waisidx 07144cfr7 07 html
B. HANDICAP AND ARCHITECTURAL BARRIERS - Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); (44
C.F.R. 16.101)
http: / /uscode. house.gov /uscode- cgi/fastweb exe ?getdoc +uscview +t29t32 +363 +0 + + %28Handicap %29;
http: / /frweb.qate. access. wo. qov /cqi- bin /get- cfr.cgi ?TITLE =44 &PART =16 &SECTION =101 &TYPE =TEXT;
The Sub - recipient shall ensure that the plans and specifications for construction of, improvements to, or the renovation of
buildings, related to this project have been received by the Texas Department of Licensing and Regulation (TDLR)
concerning the elimination of architectural barriers encountered by persons with disabilities as specified in Chapter 469,
Texas Government Code. htto:/ lwww .statutes,legis.state,tx.us/ ?link =GV
C. ENVIRONMENTAL LAW AND AUTHORITIES - In accordance with the provisions of law cited in 44 C.F.R. § 10.8, the
responsible entity shall assume the environmental responsibilities for projects under programs cited in §10.1, and in doing
so shall comply with the provisions of the National Environmental Policy Act of 1969, as amended and the Council on
Environmental Quality regulations contained in 40 C.F.R. parts 1500 through 1508.
htt,o: / /www. access. gpo, qov /nara /cfr /waisidx 07140cfr1501 07 html ; (44 C.F.R. 10.1)
htt,o://edocket.access.gpo.gov /cfr 2007 1octgtr 144cfr10 1 htm
D. LABOR STANDARDS - The Davis -Bacon Act, as amended (40 U.S.C. § 3142)
http.//uscode.house.gov /uscode- cgi/fastweb exe ?getdoc+ uscview +t37t40 +1723 +1 + +%28 %29 %20 %20A ;
The Contract Work Hours & Safety Standards Act (40 U.S.C.§ 3702)
htt,o:/ /uscode. house. qov /uscode- cqi /fastweb, exe ?getdoc +uscview +t37t40 +1765 +1 ++ / 28 / 29 %20 %20A;
The Copeland "Anti- Kickback" Act (18 U.S.C. § 874)
http./ /uscode, house. qov /uscode- cqi /fastweb. exe ?getdoc +uscview +t17t20 +511 +0 + +%28% 29% 20 %20AN
E. FREEDOM OF INFORMATION ACT - (5 U.S.C. 552); (44 C.F.R. 5.1)
http.//edocket.access.gpo.gov /cfr 2007 16ct(7tr 144cfr5 1 htm
httt� iitictode hence rw /nccocic- cqi / {rtcttreh cYC� «<tdnc trsc�icir +tO�tOR� 'h' (? 1 11o28inf)rn1atinn%
F. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 - 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) - (42 U.S.C. 4601); (44 C.F.R. 25.1)
http i /frweb.qate access qpo gov/cgi- biWget -cfr cqi ?TITLE =44 &PART -25 & SECTION= 1 & TYPE= TEXT
http;/ /uscode. house.gov /uscode - cqi /fastweb exe ?getdoc+ uscview +t41t42 +4568 +1 + + /28 %29 %20 %20A
G. FAITH -BASED ACTIVITIES - Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith -
Based and Community Organizations, (67 Fed. Reg. 77141) http: //edocket. access. gpo gov120021,odf 102 -31831 ,o
H. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND THE INCIDENT COMMAND SYSTEM (ICS 1- Sub -
Recipients must have adopted and be implementing the National Incident Management System (NIMS) and the Incident
Command System (ICS) at the local level. httpl /www fema goviemergency1nims
10
I. PROGRAM INCOME - 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 28C.F.R. Part 66, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, at
http: / /www. access.gpo.gov /nara /cfr /waisidx 03128cfr66 03 html and the Uniform Rule 28C.F.R. 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 html . Sub -
recipients must report any interest earned to TDEM /SAA. Any interest earned in excess of $100 must, on a quarterly
basis, be remitted to:
United States Department of Health and Human Services
Division of Payment Management Services
P.O. Box 6021
Rockville, MD 20852
J. AUDITS - The Sub - recipient shall arrange for the performance of an annual financial and compliance audit of Sub -
recipient agreement funds received and performances rendered under this Sub - recipient agreement under the Single
Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26)
http / /frwebgate access gpo goy /cgi- bin /get -cfr cgi ?TITLE= 44 &PART=13 &SECTION =26 & TYPE= TEXT;
http: //www.dhs.gov/xopnbizlarants/gc 1162481125903 shtm
K. GRANT ADMINISTRATION - The Sub - recipient will also comply with Texas Government Code, Chapter 783,
http: / /www. statutes.legis.state.tx.us/ ?link =GV ; and the Uniform Grant Management Standards (UGMS), State Uniform
Administrative Requirements for Grants and Cooperative Agreements,
http / /info.sos.state tx us /pls/pub /readtac$ext TacPage ?sl =T &app =9 &p dir =N &p rloc=111847 &p tloc= &p ploc =l &pg=2&
P tac= &ti= 1 &pt= 1 &ch =5 &r1 =141
Sub - recipients must also comply with 44, C.F. R., Part 13,
http: / /www. access.gpo.gov /nara /cfr /waisidx 07144cfrl3 07 html;
with 2C.F.R. Part 215 http: //www.access.gpo.gov /nara /cfr /waisidx 08 12cfrvl 08 html #215 , 2C.F.R. Part 225, Part 220
and Part 230.
L. PROPERTY ADMINISTRATION —TAC Title 1, Part 5, Chapter 116,
http. / /info.sos.state.tx.us/pls /pub /readtac$ext ViewTAC ?tac view= 3 &ti= 1 &pt =5
M. PUBLICATIONS — 44 C.F.R., Section 13.34
http: / /f`rwebgate access gpo gowi2gi- bin /get -cfr cqi ?TITLE =44 &PART =13 &SECTION =34 &TYPE =TEXT
1. 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 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 NPD regarding the allocation of any patent rights that arise from, or are purchased with, this funding.
2. 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."
EXHIBIT B
CERTIFICATIONS
I, (print) as the authorized official of , hereinafter
referred to as the "Sub- recipient," certify the following with respect to the expenditure of Sub - recipient agreement funds.
A. The Sub - recipient shall minimize displacement of persons as a result of activities assisted with Sub - recipient
agreement funds.
B. The program shall be conducted and administered in conformity with the Civil Rights Act of 1964, as amended, (42
U.S.C. § 2000a et seq.); Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. § 794); Title IX of the
Education Amendments of 1972, as amended, (20 U.S.C. § 1681 et. seq.); The Age Discrimination Act of 1975, as
amended, (20 U.S.C. § 6101 et. seq.).
C. As specified by TDEM and FEMA, in the event that displacement of residential dwellings shall occur in connection with
a project assisted with HSGP funds, the Sub - recipient shall follow a residential anti - displacement and relocation
assistance plan.
D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part 67, for
prospective participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal
Certification) The Sub - recipient certifies that it and its principals and vendors:
1. 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 www.epls.gov and the
State Debarred Vendor List httpJ /www. window. state.tx.us /procurementlprog /vendor performance /debarred /.
2. 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;
3. 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 (D)(2) of this certification; and
4. 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
5. 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)
E. Sub - recipient understands and certifies that it will not use any federal funds, either directly or indirectly, in support of
the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of FEMA National Preparedness Directorate.
F. The Sub - recipient 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.
FY 2009 HSGP
Signature
12
Date
EXHIBIT C
CERTIFICATION REGARDING LOBBYING FOR
SUB - RECIPIENT AGREEMENTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned, (print), as the authorized official of
certifies the following to the best of his /her knowledge and belief.
A. No federal appropriated funds have been paid or shall be paid by or on behalf of the undersigned to any person for
influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee
of Congress or an employee of a member of Congress in connection with the awarding of any federal Sub - recipient
agreement, 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 or modification of any federal Sub - recipient agreement,
grant, loan or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or shall 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 Sub - recipient agreement grant, loan or
cooperative agreement, the undersigned shall complete and submit standard form Disclosure Form to Report Lobbying
form in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all sub -
awards including sub - contracts, sub - grants and Sub - recipient agreements under grants, loans, and cooperative
agreements and that all Sub - recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon that reliance was 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 31
U.S.0 § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Signature
13
Date
or p Texas Department of Public Safety
E X
-
2009 Grant Adjustment Notice
T A
/r
for
:10111a. Clay of Fort Worth
Date of Award
April 25, 2012
1. Sub - Recipient Name and Address 2.
Prepared by: Hatfield, Bryan
3. SAA Award Number: 09 -GA 27000 -06
4.
Federal Grant Information
Grant Title: Homeland Security Grant Program
Mayor Betsy Price Federal
City of Fort Worth Federal
Grant Award Number: 2009 -SS -T9 -0064
1000 Throckmorton Date
Federal Grant Awarded to TxDPS: August 1, 2009
Fort Worth, TX 76102 -6311
Department of Homeland Security
Federal
Granting Agency: FEMA
Grant Programs Directorate
S. Award Amount and Grant Breakdowns
Total Award
Note: Additional Budget Sheets (Attachment A): Yes 0 No
SHSP
Amount
SHSP -LEAP
UASI
UASI -LEAP
CCP
MMRS
$3,890,981.44
97.073
97.073
97.008
97.008
97.053
97.071
$0.00
$0.00
$2,703,929.44
$865,831.00
$0.00
$321,221.00
This award supersedes all previous awards. Performance Period: Aug 1, 2009 to May 15, 2012
6. Statutory Authority for Grant: This project is supported under Consolidated Security, Disaster Assistance and Continuing
Appropriations Act. 2009 Public Law No. 110 -329.
7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of
invoices.
S. 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.epis.gov.
9• Agency Approval
Approving TxDPS Official:
Signature of TxDPS Official:
Machelle Pharr, Deputy Assistant Director
State Administrative Agency
Texas Department of Public Safety
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:
Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date.
City of Fort Worth, Texas
Mayor and Council Communication
" - " , , 11 , ,, I I � I I I � - '� " , , "I " `� , , , 11 1� �--- , , , , , , , , - - - I 1 11 -1'111� Z� I � I 1 1, " � I . . - , Y
COUNCIL ACTION: Approved on 5115/2012 - Ordinance No. 20213 -05 -2012
DATE: Tuesday, May 15, 2012 REFERENCE NO.: * *C -25617
LOG NAME: 362009HSGP GAN 2012 -04 -25
SUBJECT:
Authorize Acceptance of an Additional Award in the Amount of $37,633.19 in Fiscal Year 2009 Homeland
Security Grant Program Funds from the Texas Department of Public Safety, Authorize Execution of
Related Documents and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of an additional award in the amount of $37,633.19 from the Texas
Department of Public Safety to the City of Fort Worth under the Fiscal Year 2009 Homeland Security
Grant Program Urban Area Security Initiative grant, CFDA No. 97.067 and execution of any related
documents and Agreements; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $37,633.19, subject to receipt of the additional award.
DISCUSSION:
On November 11, 2009, (M &C C- 23925) the City Council approved and accepted the Fiscal Year 2009
Homeland Security Grant administered by the Texas Department of Public Safety. As a result of that
action, the City of Fort Worth (City) was awarded a credit in the amount of $2,666,296.25 under the
Homeland Security Grant Program Urban Area Security Initiative (HSGP -UASI) grant program for the
procurement of homeland security related equipment and services.
An additional $37,633.19 has been awarded to the City from funds remaining following the close of other
projects in the Dallas, Fort Worth and Arlington Urban Area region. Fort Worth is being awarded the funds
to help the State close out the 2009 UASI grant for Texas. The Office of Emergency Management will
allocate the funds towards planning activity and additional emergency shelter readiness supplies.
This special award has no local match requirement.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
FUND CENTERS:
Logname: 362009HSGP GAN 2012 -04 -25 Page 1 of 2
TO Fund /Account/Centers
G R76 451217 036442426000
GR76 WARIOUS) 036442426XXX
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
$37,633.19
$37,633.19
FROM Fund /AccounVCenters
Charles Daniels (6199)
Rudy Jackson (6805)
Pat Vasquez (6525)
Juan Ortiz (6173)
Logname: 362009HSGP GAN 2012 -04 -25 Page 2 of 2