HomeMy WebLinkAboutContract 39496C�`f Y SECRETARY3�
�oNTRACT nrn
Date of Award
September 29, 2009
1. Sub -Recipient Name and Address
Texas Division of Emergency Management
2009 Sub -Recipient Agreement
for
City of Fort Worth
2. Prepared by: Carter, Brandy 13. SAA Award Number: 09-SR 27000-03
4. Federal Grant Information
Federal Grant Title: Homeland Security Grant Program
Mayor Mike Moncrief
City of FOrt Worth Federal Grant Award Number: 2009-SS-T9-0064
1000 Throckmorton Date Federal Grant Awarded to TDEM: August 1, 2009
Fort Worth, TX 76102-6311 Department of Homeland Security
Federal Granting Agency: FEMA
Grant Programs Directorate
5• Award Amount and Grant Breakdowns
Total Award Note: Additional Budget Sheets (Attachment A): � Yes � No
Amount SHSP SHSP-LEAP UASI UASI-LEAP CCP MMRS
CFDA:97.067 97,073 97.073 97.008 97.008 97.053 97.071
$3,853,348.25 �o.00 �o.00 sz,666,z9e.zs sa6s,ssi.00 �o.00 �s2i,zzi.00
This award supersedes all previous awards. Performance Period: Aug 1, 2009 to Apr 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.
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.
Approving TDEM Official:
Jack Colley, Chief
Texas Division of Emergency Management
Department of Public Safety
Agency Approval
Signature of TDEM Official:
Sub -Recipient Acceptance
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub -Recipient official: Signature of S b cipient Official:
T M Higgins
> �----�
Assistant City Manager
City of Fort Worth
�,
11. Enter Employer Identification Number (EIN) /Federal Tax Identification Number:
13. DUE DATE:
and Direct Deposit Form (if applicable) must be returned to TDEM on or before the
Marty Hendry;
12. Date
ICIAL RECORD
du€Za,�IORTH, TX
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Page 1 of 2
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DATE: 11/17/2009 REFERENCE NO.: C-23925 LOG NAME: 362009HSGP
CODE: C TYPE: NON -CONSENT PUBLIC NO
HEARING.
SUBJECT: Ratify the Application for and Authorize the Acceptance of, if awarded, an Amount Not to
Exceed $3,853,348.25 in Fiscal Year 2009 Homeland Security Grant Funds from the
State of Texas, Division of Emergency Management, Ratify the Execution of all
Applicable Grant Contracts and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the Fire Department, Office of Emergency Management, Application for and Acceptance of, if
awarded, an Amount Not to Exceed $3,853,348.25 in Fiscal Year 2009 Homeland Security Grant Funds
from the State of Texas, Division of Emergency Management, consisting of:
Urban Area Security Initiative grant (CFDA No. 97.008): $2,666,296.25;
Urban Area Security Initiative -LEAP (CFDA No. 97.008): $865,831.00;
Metropolitan Medical Response System (MMRS) grant (CFDA No. 97.071): $321,221.00;
Combined total award: $3,853,348.25;
2. Ratify the City Manager's Execution of all Applicable Grant Contracts; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $3,853,348.25, subject to receipt of the award.
DISCUSSION:
The United States Department of Homeland Security (DHS) through the State of Texas, Division of
Emergency Management, awards grant funds to jurisdictions in Texas on the basis of risk, demographics
and other related needs to enhance a community's capability to prevent, respond to, and recover from acts
of terrorism and natural disasters. This grant program encourages jurisdictions to strengthen local and
regional preparedness efforts and to seek benefits available through cooperative action.
The City of Fort Worth (City) participates with other jurisdictions in the North Central Texas Council of
Governments to develop and implement capabilities and processes to increase regional and individual
community readiness in alignment with federal and state homeland security strategies.
The Fiscal Year 2009 Homeland Security Grant Program (HSGP) marks the fifth year the City has been
awarded funds under the Urban Area Security Initiative (UASI) grant. In 2009, 62 high risk
communities/regions across the nation were awarded UASI grants by the DHS. Funding under the program
will be used by the Fire Department, Police Department and other City departments to increase the
community's capacity to prepare for, prevent and respond to terrorism incidents.
In addition, the City is one of 124 recipients nationwide to receive funding under the Metropolitan Medical
Response System (MMRS) grant, the third sub -program listed above. The MMRS grant will be used to
http://apps. cfwnet.org/council�acket/mc_review. asp?ID=12671 &councildate=ll / 17/2009 11 /19/2009
M&C Review
Page 2 of 2
support planning and equipment to improve response to mass casualty incidents.
The Fire Department, Office of Emergency Management, will coordinate with various City departments in
the development and implementation of projects in the areas of threat and vulnerability assessment, risk
reduction, plan development, capability enhancement, public education and readiness, training and
exercises in support of the overall preparedness efforts of our community. The term of the grant is from
August 1, 2009, to April 15, 2012.
This grant has no local match requirement.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
acceptance and execution of the grant contract and adoption of the attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers
3R76 451217 036442426000 $2,666,296,25
3R76 451217 036442427000 $865,831.00
3R76 451217 036442428000 $321,221.00
3R76 5 $2,666,296.25
(VARIOUS) 036442426XXX
3R76 5 $865,831.00
(VARIOUS) 036442427XXX
3R76 5 $321,221.00
(VARIOUS) 036442428XXX
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
362009HSGP AQ_doc
FROM Fund/Account/Centers
Tom Higgins (6192)
Rudy Jackson (6805)
Juan Ortiz (6173)
Eric Carter (2877)
http://apps. cfwnet.org/council�acket/mc_review.asp?ID=12671 &councildate=ll / 17/2009 11 /19/2009
lrarr_�
THE APPLICABLE LAWS AND REGULATIONS
The Sub -recipient shall comply with OMB Circular A-211 A-87, A-102, A-110, A-122I A-133; At 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, Nan -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 Givil Rights Act of 1964, as amended. (42 U.S.C. § 2000d et seq.); (44 C.F.R. 7.1)
h ttp://uscode. house.go v/uscode-cg1/fastweb. exe?getdoc+uscview+t41 t42+2957+3++%28civil %20ri
ttp,ElAvww,access..q,00.aovinaralcfrlwaisidx 07/44cfr7 07.htmi
B. HANDICAP AND ARCHITECTURAL BARRIERS -Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); (44
C.F.R. 16,101)
1111 ./ UJl,.V 4G•Il l.. V V
hftp.//fnvebtUate.access.gpo.goy/cpi-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. http.//www.statutes.legis.state.tx.us/?fink=GV
C. ENVIRONMENTAL LAW AND AUTHORITIES - In accordance with the provisions of Eaw cited in 44 C.F.R. § 10.8, the
responsib{Wulf tity shall assume the environmenta! 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.
http://www.access.gPo.pov/nara/cfr/waisidx 07/40cfr1501 07.html ; (44 C.F.R. 1001)
http://edocket.access._qpo.gov/efr 2007/octgtr/44cfr10.1.htm
D. LABOR STANDARDS -The Davis -Bacon Act, as amended (40 U.S.C. § 31421
http://uscode.house.gov/uscode-cpf/fasfweb.exe?getdoc+uscvfew+f37t40+1723+/++%28%29%20%20A ;
The Contract Work Hours & Safety Standards Act (40 U.S.C.§ 3702)
htfp //uscode.house.gov/uscode-cgUfastweb.exe?cLetdoc+uscview+t37t40+1765+1++%28%29%20%20A;
The Copeland "AntkKickback" Act (18 U.S.C. § 874)
http://uscode. h ouse. qav/uscode-cgi/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.gav/cfr 2007/octgfr/44cfr5.l.hfm ;
hitp:llzis•code. house.gov/uscode-cei/fastweb. exe?getdoc+ztscview+tG5t08y26+0++%28inforntation%
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://fnvebgate,access.gpo.gov/cgi-bin/get cfr.c4i?TITLE=44&PART=25&SECTION=1&TYPE=TEXT
!itt,o://uscode.house.gov/uscode-cgUfastweb.exe?getdoc+uscview+t41 t42+4568+1++%28%29%20%20A
G. FAITH -BASED ACTIVITIES -Executive Order 13279 of December 12, 2002 - Equai Protection of the Laws for Faith -
Based and Community Organizations, (67 Fed. Reg. 77141) http.//edocket.access.gpo.gov/20021pdf/02-31831�odf
H. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND THE INCIDENT COMMAND SYSTEM (ICS} _ Sub -
Recipients must have adopted and be implementing the Na#ianal Incident Management System (NIMS) and the Incident
Command System (ICS) at the local level. http://www.fema.govlemergencv/nr'ms r--
OFFICIAL
RECORD
CITY SECRETARY
#o
T. WORTH, TX
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 03/28cfr66 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/cfrlwaisidx 03/28cfr70 03.html . Sub -
recipients must report any interest earned to TDEM/SAA. Any interest earned in excess of $100 must, on a quarterly
basis, be remitted to:
United States Department of Health and Human Services
Division of Payment Management Services
P.O. Box 6021
Rockville, MD 20852
J. AUD[TS -The Sub -recipient shaA arrange for the performance of an annual financial and compliance audit of Sub -
recipient agreement funds received and performances rendered under this Sub -recipient agreement under the Single
Audit Act (OMB Circular A —133; 44 C.F.R. 13.26)
http./Ifiwebgafe.access.qpo.gov/cgi-6Fn/get-cfr.c_WTITLE= 4&PART= 1 3&SECTION=26& TYPE= TEXT;
h(tp://www dhs gov/xopnbiz/grants/gc 1162481125903 shtm
K. GRANT ADMINISTRATION -The Sub -recipient wil! also comply with Texas Government Code, Ghato T83,
http://www.statutes.legis.state.tx.us/?link=GU ; and the Uniform Grant Management Standards (UGMS), State Uniform
Administrative Requirements for Grants and Cooperative Agreements,
http:/linfo.sos.state.tx.us/plslpub/readtac$ext.TacPaae?sl=T&app=9&_p dir=N&p rioc=111847&p tloc=&p o1oc=1&Pq=2&
) tac=&ti=1&pt=1&ch=5&r1=141
Sub -recipients must also comply with 44, C.F.R., Part 13,
http./lwww.access.gpo.povinaralcfrlwaisidx 07/44cfr13 07.ht1111;
with 2C.F.R. Part 215 htfp:llwww.access.ppo.govinaralcfrlwaisidx 0812cfivl 08,html#215 , 2C.F.R. Part 225, Part 220
and Part 230.
L. PROPERTY ADMINISTRATION -TAC Title 1, Part 5, Chapter 116,
http:/lrnfo.sos.state. pt=5
M. PUBLICATIONS — 44 C.F.R., Section 13.34 -
http://fnvebgafe. aecessI Aov/cgi-bin/get-cfr. cgi?TITLE=44&PART=13&SECTION=34 &TYPE -TEXT
1. Sub -recipient acknowledges that FEMA National Preparedness Directorate 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 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."
!t
EXHIM1 B
CERTIFICATIONS
z; < - s (print)official the authorized ocial of IL i f�-r G
referred to as the "S'ub-recipient," certify the following with respect to the expenditbre 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 inconformity with the Givil 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-reclpients can access debarment information by going to www.epls..gov and the
State Debarred Vendor List htto://www.window.state.N. uslorocuremenVProglyendor performance/debarredl..
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 focal} with commission of any of the offenses enumerated in paragraph (D}(2) of this certification; and
4. 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
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 far 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 V Date
Attested byo 14r,440
X�
OFFICIAL RECORD
Marty Handrik City SecretarK12 CITY SECRETARY
FT. WORTH, TX
EXHIBIT C
CERTIFICATION REGARDING LOBBYING FOR
SUB -RECIPIENT AGREEMENTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
N
The undersigned, 1 /l . j"f � � c,• � � (print), as the authorized official of
certifies the following to the best of Kis1her 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. 1'he undersigned shall require that fhe language of this certification be included in the award documents fora!! 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 certificationmaterial 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 Date
Attested byo
I3
OFFICIAL RECORD
CITY 5ECR@TARY
FT WORTH, TX