HomeMy WebLinkAboutContract 40895CiT�r SECR I,,A �4 .6000;
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DIVISION 4F EMERGENCY MANAGEMENT
Office of the Governor
R10E. PERRY STEVEN LMcCRAw
Governor Director
Mailing Address: ntac Physical Address: Office of Homeland Security
PO Box 4087 512424-2138 Duty Hours 5805 N. Lamar Blvd.
Austin, Texas 78773-0220 512-424-2277 Non•Duty Hours Austin, Texas 78752
512424-2444 Fax JACK COLLEY
Chief
July 15, 2009
The Honorable Mike Moncrief
Mayor, City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102-6311
Dear Mayor Moncr'
00
This letter is to advise you that your application to participate in the Emergency Management Performance
Grant (EMPG) program during Fiscal Year 2009 (FY 09) has been accepted.
1. Grant Award
The Notice of Sub -recipient Grant Awa1•d (Attachment 1) species the federal EMPG program funding
that will be provided during FY 09.
An individual authorized by your City Council to accept grants on behalf of the jurisdiction, typically the
Mayor or City Manager, must sign the award and return it to the Division within 45 days to activate your
grant. Retain a copy for your records and provide a copy of the entire grant award package to your local
financial manager.
2. Required EMPG Tasks
A. Your FY 09 EMPG Program Application has been approved. As changes to this document may have
been made in order to meet FY 09 program requirements since originally submitted, you should
carefiilly review the attached copy.
B. The process for documenting exercise participation has not changed. All EMPG participants must
prepare and submit an After Action Report (AAR) and Improvement Plan (lP), in the format
prescribed by the DHS Homeland Security Exercise Evaluation Program (HSEEP). The HSEEP
document can be accessed at http://www.oip.usdoi/odp/exercises.htm. A sample AAR and IP is
located on our website at hn://www,txdps,state.tx.us/dem.
C. The Department of Homeland Security has identified steps that States, territories, tribal, and local
entities should take during FY 09 to remain compliant with the NIMS. All jurisdictions awarded FY
09 EMPG funds must achieve and maintain 100% compliance with NIMSCAST objectives and
metrics.
D. Participate in the Texas Regional Response Network (TRRN) by registering as a user and identifying
resources that jurisdictions) participating in the local emergency management program are prepared
to make available to other jurisdictions through mutual aid.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
E. As indicated in the FY 2009 EMPG Guidance, grant recipients must apply no less than 25 percent of
their grant award toward planning activities. The Staffing Commitment Certification should be
submitted semi-annually with each Progress Report.
3. Task Progress &Reporting
Continued participation in the EMPG program is in part conditioned on making proportional progress on
your Work Plan tasks and the timely submission of progress and financial reports.
A. Proportional Progress in Program Tasks. You are expected to complete and document a portion of
those tasks each quarter rather than deferring most planning tasks, training, exercises, and other
activities until the Iast several months of the fiscal year. Those who try to complete a year's work in
several months frequently fail when emergencies occur late in the year.
B. Financial Reports. EMPG Financial reports are due 30 days after the close of each quarter of the
federal Fiscal Year, Quarterly Financial Reports are due January 15, April 15, July 15, and October
15. These reports should be sent directly to the GDEM EMPG Auditor at the P.O. Box address at
the top of the first page of this letter.
C. Progress Reports. Your first semi-annual progress report was due to the GDEM Preparedness
Section on April 15, 2009. The final progress report is due October 15, 2009. As noted previously,
these reports should reflect and document progress in completing the tasks contained in your
Statement of Work.
D. Failure to complete the tasks outlined in your approved Statement of Work or to submit quarterly
financial reports and semi-annual progress reports by the required due dates is cause for elimination
from the EMPG program.
GDEM/SAA is currently working on adding the EMPG Grant to the State's Grant Management and
Accounting System. The GDEM/SAA grant management system provides the individual jurisdiction
grantees near -real-time information on project purchases and grant financial status. The GDEM is currently
working to set up procedures for the use of the Grant Management System for EMPG expenditures. Until
further notice, jurisdictions receiving EMPG Grant funds shall continue submitting manual Expenditure
Request and Reimbursement Request to the GDEM.
If you determine that you do not wish to participate in the FY 09 EMPG program, please advise me as -soon
as possible.
)f you have questions regarding the financial reporting requirements, please contact our EMPG Auditor,
Doris Grisham, at 512-424-2448. If you have questions regarding EMPG tasks or your Jurisdiction Profile,
please contact the EMPG Program Administrator, Rex Ogle, at 512424-7051.
Respectfully,
Jack
JC: pr
1-Notice of Sub -Recipient Grant Award
2- Terms and Conditions
3- Approved Statement of Work
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
NOTICE OF SUBRECIPIENT GRANT AWARD
GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT
Program Title: FY 2009 Emergency Management Performance Grant (EMPG)
DHS Instrument Number: 2009-EP-E9-0005
GDEM Grant Number: 09TX-EMPG-0177
Administered By: Governor's Division of Emergency Management
Texas Department of Public Safety
P.O. Box 4087
Austin, Texas 78773-0220
Recipient: City of Fort Worth/Tarrant County
1000 Throckmorton Street
Fort Worth, Texas 76102
Amount of Grant: $ 144,426.00
Period of Grant: October 1, 2008, to September 30, 2009
wjlri��4qlkz=
Jack Coll
Name/'I wChief
"
• M^--R-Mv
Return Signed Copy of This Page within 45 days to:
Governor's Division of Emergency Management
Attention: Rex Ogle, Preparedness Section
PO Box 4087
Austin, TX 78773-0220
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FY 2#}09 EIVIPG
Terms and Conditions
1. Purpose: Grant funds will be used to support local comprehensive emergency management
programs to encourage improvement of mitigation, preparedness, response, and recovery
capabilities for all hazards. Funding may be used to support activities that contribute to the
capability to manage consequences of acts of terrorism. Funds provided may also be used
to accomplish initiatives described in the Federal Program Guidelines, including local
implementation of the National Incident Management System (NIMS), incorporation of
appropriate references to the National Response Framework (NRF) into local plans,
homeland security assessment and strategy integration, and assessment of the local
emergency management program using Emergency Management Assessment Program
(EMAP) standards.
2. Grant Conditions; If federal or state grant funds are involved in funding of this contract, then
the conditions of those respective grants are incorporated herein by reference and made a
part hereof for all intents and purposes. The federal grant terms and conditions are located
at: http://www.fema..gov/ovrnment/grant/empg.
3. Grant Acceptance: The Notice of Subrecipient Grant Award is only an offer until the
Subrecipient returns the signed copy of the Acceptance of Subrecipient Grant Award in
accordance with the instructions provided in the transmittal letter.
4. Work to Be Performed: The approved FY 09 Statement of Work &Progress Report outlines
eight tasks that the grantee must perform during the grant period. The following additional
tasks are also required of subrecipients:
A. Implement the National Incident Management System (NIMS) at the local level.
B. Incorporate pertinent information concerning the National Response Framework (NRF)
into the local or inter -jurisdictional emergency management plan and its annexes.
C. Participate in the Texas Regional Response Network {TRRN} by registering as a user
and identifying resources that the jurisdictions} participating in the local emergency
management program are prepared to make available to other jurisdictions through
mutual aid.
D. During the performance period of this grant, subrecipient must maintain an emergency
management plan at the Advanced Level of planning preparedness or higher, as
prescribed by the Governor's Division of Emergency Management (GDEM). This may
be accomplished by a jurisdiction maintaining its own emergency management plan or
participating in an inter -jurisdictional emergency management program that meets the
required standards. If the GDEM identifies deficiencies in. the subrecipient's plan,
subrecipient will correct deficiencies within 60 days of receiving notice of such
deficiencies from GDEM.
E. During the performance period of this grant, subrecipient agrees that it will participate in
a legally -adopted county and/or regional mutual aid agreement.
F. subrecipients must maintain an updated inventory of equipment purchased through this
grant program in accordance with Uniform Grant Management Standards —III, State
i
OFFICIAL RECORD
CITY SECRETARY
T.
WORTH, TX
Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart
C-Post-Award Requirements, Reports, Records, Retention, and Enforcement,
Equipment and the Department of Homeland Security (DHS), Office of Grant Operations
Financial Management Guide.
G. The subrecipient agrees that any equipment purchased with grant funding shall be
prominently marked as follows: "Purchased with funds provided by the U.S. Department
of Homeland Security." Exceptions to this requirement are limited to items where placing
of the marking is not possible due to the nature of the equipment.
5. Grant Funding: The amount of this grant may be less than the amount requested in your
Application for Federal Assistance due to limits on federal funding for the EMPG program.
However, EMPG grant recipients should continue to report all eligible expenses in quarterly
financial reports. In the event additional program funding becomes available from the federal
government or unspent EMPG funds remain at the end of the fiscal year, the GDEM may be
able to allocate additional funds to EMPG program participants.
6. Financial and Adrninis#rative Requirements: In Accordance with 44 Code of Federal
Regulations (CFR) Part 13, subrecipient agrees to comply with the applicable financial and
administrative requirements set forth in the current edition of the Office of Justice Programs
(OJP) Financial Guide located at httr)://www,oip.usdoi,. ov/financialauide/.
A. All emergency management program costs for which the subrecipient seeks
reimbursement must be eligible in accordance with OMB Circular A4871 Cost Principles
for State, Local, and Indian Tribal Governments. A copy of that document is available at:
http://Www.whitehouse.,qov/om b/circulars/.
B. subrecipient 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 DHS Office of Grant Operations (OGO)'s Financial
Management Guide (January 2006) at.
http://www.oip.usdo%.,qov/od/docs/Financial Management Guide. df
C.. When implementing FEMA National Preparedness Directorate funded activities, the
subrecipient must comply with all federal civil rights laws, to include Title VI of the Civil
Rights Act, as amended. The subrecipient is required to take reasonable steps to ensure
persons of limited English proficiency have meaningful access to language assistance
services regarding the development of proposals and budgets and conducting FEMA
funded activities.
D. subrecipient will assist the awarding agency (if necessary) in assuring compliance with
section 1 Q6 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).
E. subrecipient agrees to make no request for reimbursement for goods or services
procured by the subrecipient prior to the start of the period of pertormance stated in this
award document or after the end of the period of performance.
2
F. Notwithstanding any other provisions of this document, the parties hereto understand
and agree that the obligations of GDEM under this Agreement are contingent upon the
availability of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be
liable to the Subrecipient for costs under this Agreement that exceed the amount
specified in the Notice of Subrecipient Grant Award.
7. Single Audit Act Requirements: if Subrecipient has expenditures in excess of $5007000 in
federal funds of all types within a single fiscal year, it must have an audit performed in
accordance with the Single Audit Act as amended. Subrecipient agrees to comply with the
audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-
profit Organizations. -
8. Reporting Requirements: Subrecipient agrees to comply with a[I reporting requirements and
shall provide such information as required by GDEM. Reporting requirements are found in
the Fiscal Year 2009 Local Emergency Management Program Guide. Subrecipients may be
required to submit additional information and data requested by GDEM and/or the State
Administrative Agency after the end of the period of performance in order to close out the
grant.
9. Subrecipient must prepare and submit Semi�Annual Progress Reports GDEM/SAA for the
duration of the grant performance period or until all grant activities are completed and the
grant is formally closed. The first performance reporting period is October 1 to March 31 and
the second reporting period is April 1 to September 30 of each fiscal year. Subrecipient may
also be required to submit additional information and data requested by GDEM/SAA.
1Q. Review of Work and Expenditures: GDEM may review the work of the Subrecipient with
respect to approved program tasks and also review expenditures for which reimbursement is
requested as necessary to ensure the federal awards are used for authorized purposes in
compliance with laws, regulations, and the provisions of contracts or grant agreements and
that performance goals are achieved. These reviews may include, without limitation.
comparing actual subrecipient activities to those approved in the sub -award application and
subsequent modifications if any; ensuring that grant funds have been expended in
accordance with applicable guidelines; confirming compliance with grant assurances, and
verifying information provided on performance reports and payment requests.
11. Lobbying:
A. 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 $10Q,OOQ, as
defined at 28 CFR Part 69, the subrecipient certifies that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
subrecipient, 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;
2) 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.
3) The subrecipient will establish safeguards to prohibit employees from using their
positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest or personal gain.
12. Debarment, Suspension, and other Responsibili#y Matters:
A. 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).
B. The subrecipien# 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;
subrecipients can access debarment information by going to www.epis.gov.
Z) Have not, within athree-year period preceding this application, been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property,
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 (1)(b) of this certification; and
4) Have not, within athree-year period preceding this application, had one or more
public transactions (Federal, State, or Iota!) terminated for cause or default.
C. 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}.
13. Monitoring:
A. Subrecipient 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. Subrecipient 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.
C. GDEM/SAA may perform periodic reviews of subrecipient 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 subrecipient 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.
D. subrecipient 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 FEMA National Preparedness Directorate.
E. The subrecipient agrees that all allocations and use of funds under #his 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.
F. The subrecipient 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.
Subrecipient 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.
14. Reimbursement for Expenses:
A. Reimbursement for expenses incurred during the second and fourth quarter of Fiscal
Year 2009 will not be disbursed until GDEM receives the first and second semi-annual
EMPG Progress Reports, which are due on April 15, 2009 and October 15, 2009,
respectively.
B. As GDEM plans to promptly close out the Fiscal Year 2009 EMPG program with the
State Administrative Agency, requests for reimbursement of expenses that are
postmarked more than 45 days after the end of the stated period of performance will not,
be paid.
15. Choice of Law: This agreement shall be construed and governed by Texas law.
16. Changes to the Law: DPS is a state agency whose authority and appropriations are subject
to the actions of the Texas Legislature and the United States Congress. If DPS and/or the
subject matter of this contract become subject to a legislative or regulatory change,
revocation of statutory or regulatory authority, or lack of funds that would render the services
and/or goods, and/or payment to be provided under this agreement impossible,
unnecessary, void, or substantially amended, DPS may terminate this agreement without
penalty to, or any liability whatsoever on the part of, DPS, the State of Texas, and the United
States. This contract does not grant vendor a franchise or any other vested property right.
17. Written Modification: No modification or amendment to this Agreement shall become valid
unless in writing and signed by both parties.
18. To the extent it applies, Subrecipient shall comply with Texas Government Code, Chapter
783, 1 Texas Administrative Code JAC) §§5.141 et seq., and the Uniform Grant
Management Standards, State Uniform Administrative Requirements for Grants and
Cooperative Agreements, Subpart B, §,_.14. See Attachment 1.
19. To the extent it applies, Subrecipient snail comply with Lite General Appropriations Act, 80tn
Legislature, Article IX, Part 17. See Attachment 2.
20. GDEM may suspend or terminate sub -award #ending, 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: requesting federal funds for
purchases, training, etc. and 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 tasks must be
accomplished in a timely manner. Special Conditions may be imposed on subrecipient's
use of grant funds until problems identified during grant monitoring visits conducted
by GDEM audit and compliance personnel are resolved.
G��
Attachment 'I
Suhpart B—Pre-Award Requiremenfis
.'14 State assurances
(a) Scope. {n addition to federal requirements, state law requires a number of
assurances from
applicants for federal pass4hrough or other state -appropriated funds. An attempt has
been made below to list major state and federal assurances. Generally, not all of these
assurances will be required for any one grant. However, it is the applicant's responsibility
to ensure that all assurances required by the awarding agency are submitted.
The legal instrument for awarding state funds must be consistent with the standards
prescribed herein; however, these standard conditions or assurances may be
incorporated into contracts or grant agreements by reference rather than by being
reproduced in their entirety.
(1) A subgrantee must comply with Texas Government Code, Chapter 573; Vernon's
1994, by ensuring that no officer, employee, or member of the applicant's governing
body or of the applicant's. contractor shall vote or confirm the employment of any
person related within the second degree of affinity or the third degree of
consanguinity to any member of the governing body or to any other officer or
employee authorized to employ or supervise such person. This prohibition shall not
prohibit the employment of a person who shall have been continuously employed for
a period of two years, or such other period stipulated by local law, prior to the election
or appointment of the officer, employee, or governing body member related to such
person in the prohibited degree.
(2) A subgrantee must insure that all information collected, assembled or maintained
by the applicant relative to a project will be available to the public during normal
business hours in compliance with Texas Government Code, Chapter 552, Vernon's
1994, unless otherwise expressly prohibited by law.
(3) A subgrantee must comply with Texas Government Code, Chapter 551, Vernon's
1994, which requires all regular, special or called meeting of governmental bodies to
be open to the public, except as otherwise provided by law or specifically permitted in
the Texas Constitution.
(4) A subgrantee must comply with Section 231.006, Texas Family Code, which
prohibits payments to a person who is in arrears on child support payments. .
(5) No health and human services agency or public safety or law enforcement agency
may contract with or issue a license, certificate or permit to the owner, operator or
administrator of a facility if the license, permit or certificate has been revoked by
another health and human services agency or public safety or law enforcement
agency.
(6) A subgrantee that is a law enforcement agency regulated by Texas Government
Code, Chapter 415, must be in compliance with all rules adopted by the Texas
Commission on Law Enforcement Officer Standards and Education pursuant to
Chapter 415, Texas Government Code or must provide the grantor agency with a
certification from the Texas Commission on Law Enforcement Officer Standards and
Education that the agency is in the process of achieving comp iance wi such rules.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTIi, TX
(7) When incorporated into a grant award or contract, standard assurances contained
in the application package become terms or conditions for receipt of grant funds.
Administering state agencies and local subrecipients shall maintain an appropriate
contract administration system to insure that all terms, conditions. and specifications
are met. (See Section .36 for additional guidance on contract provisions.)
(8} A subgrCA" tee must comply with the Texas Family Code, Section 261.101 which
requires reporting of all suspected cases of child abuse to local law enforcement
authorities and to the Texas Department of Child Protective and Regulatory Services.
Subgrantees shall also ensure that all program personnel are properly trained and
aware of this requirement.
(9} Subgrantees will comply with all federal statutes relating to nondiscrimination.
These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P. L.
88-352) which prohibits discrimination on the basis of race, color or national origin;
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-
1683, and 1685A686), which prohibits discrimination on the basis of sex; (c) Section
504 of the Rehabilitation Act of 1973, as amended (29 U:S.C. § 794), which prohibits
discrimination on the basis of handicaps and the Americans With Disabilities Act of
1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-
6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office
and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination
an the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§
523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Tide Vill of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (t)
any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and 0) the requirements of any
other nondiscrimination statute(s) which may apply to the application.
(10) Subgrantees will comply, as applicable, with the provisions of the Davis -Bacon
Act (40 U.S.C. § § 276a to 276a-7), the Copeland Act {40 U.S.C. § § 276c and 18
U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §
§ 327-333), regarding labor standards for federally assisted construction
subagreements.
(11) Subgrantees will comply with requirements of the provisions of the Uniform
Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646)
which provide for fair and equitable treatment of persons displaced or whose property
is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of Federal participation in purchases.
(12) Subgrantees will comply with the provisions of the Hatch Political Activity Act (5
U.S.C. § 7321-29) which limit the political activity of employees whose principal
employment activities are funded in whole or in part with Federal funds.
(13} Subgrantees will comply with the minimum wage and maximum hours provisions
of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of
1970, as applicable.
(14) Subgrantees will insure that the facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of the project are not listed
on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it
will notify the Federal grantor agency of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating that a facility to be used in
the project is under consideration for listing by the EPA. (EO 11738).
(15) Subgrantees will comply with the flood insurance purchase requirements of
102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, Section 102
(a} requires the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for
construction or acquisition proposed for use in any area that has been identified by
the Secretary of the Department of Housing and Urban Development as an area
having special flood hazards.
(16) Subgrantees will comply with environmental standards which may be prescribed
pursuant to the following. (a) institution of environmental quality control measures
under the National Environmental Policy Act of 1969 (P:L. 91-190) and Executive
Order (EO)11514; (b) notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988, (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal
actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear
Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended (P.L. 9M23), and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended, (P.L. 93-205).
(17) Subgrantees wilt comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.
§§ 1271 et seq.) related to protecting components or potential components of the
national wild and scenic rivers system.
(18) Subgrantees will assist the awarding agency in assuring compliance with
Section 106 of the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470), EO 11693 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469aA et seq.).
(19) Subgrantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L.
89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and
treatment of warm blooded animals held for research, teaching, or other activities
supported by this award of assistance.
(20) Subgrantees will comply with the Lead -Based Paint Poisoning Prevention Act
(42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead -based paint in
construction or rehabilitation of residential structures.
(21) Subgrantees will comply with Public Law 103-277, also known as the Pro -
Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor
facility used for the provision of services for children as defined by the Act.
(22) Subgrantees will comply with all federal tax taws and are solely responsible for
filing all required state and federal tax forms.
(23} Subgrantees will comply with all applicable requirements of all other federal and
state laws, executive orders, regulations and policies governing this program.
(24) The applicant must certify that they are not debarred or suspended or otherwise
excluded from or ineligible for participation in federal assistance programs.
{25) Subgrantees must adopt and impiement applicable provisions of the mode!
HMAIDS work place guidelines of the Texas Department of Health as required by
the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
Subpart C--Post-Award Requirements -Reports, Records, Retention, and
Enforcement
.42 Retention and access requirements for records.
(a) Applicability. Certain additional standards for retention of public records in Texas are
codified at 13 TAC Chap. 6 for state agencies and at 13 TAC Chap. 7 for local
governments. The Texas State Library and Archives Commission, through the Records
Preservation Advisory Committee has established recommended retention periods longer
than three years for many types of public documents, whether in original hard copy or in
microfilm form. State awarding agencies may obtain a copy of the Recommended
Retention Schedule by contacting the State Library and Archives Commission,
(1) This section applies to all financial and programmatic records, supporting
documents, statistical records, and other records of grantees or subgrantees
which are.
(i) Required to be maintained by the terms of this Part, program
regulations or the grant agreement, or
Otherwise reasonably considered as pertinent to program regulations
or the grant agreement.
{2) This section applies to records maintained by contractors or subcontractors
for purchases of goods or services funded in whole or in pars from state funds.
i=or a requiremen# to place a provision concerning records in certain kinds of
contracts, see Section .36 (i) ('i0),
(b) Length of retention period.
(1) Except as otherwise provided, records must be retained for three years from
the starting date specified in paragraph {c) of this section.
(2) If any litigation, claim, negotiation, audit or other action involving the records
has been started before the expiration of the 3-year period, the records must be
retained until completion of the action and resolution of all issues which arise
from it, or until the end of the regular 3-year period, whichever is later.
(3) To avoid duplicate recordkeeping, awarding agencies may make special
arrangements with grantees and subgrantees to retain any records which are
continuously needed for joint use. The awarding agency will request transfer of
records to its custody when it determines that the records possess long-term
retention value. When the records are transferred to or maintained by the federal
or state agency, the 3-year retention requirement is not applicable to the grantee
or subgrantee.
(c) Starting date of retention period.
(1) General. When grant support is continued or renewed at annual or other
intervals, the retention period for the records of each funding period starts on the
day the grantee or subgrantee submits to the awarding agency it's single or last
aWit report for that period. However, if grant support is continued or renewed
quarterly, the retention period for each year's records starts on the day the
grantee submits its expenditure report for the last quarter of the federal, state, or
other designated fiscal year. In all other cases, the retention period starts on
the day the grantee submits its final audit report. If an expenditure or audit
report has been waived, the retention period starts on the day the report would
have been due.
(2) Real property and equipment records. The retention period for real property
and equipment records starts from the date of the disposition or replacement or
transfer at the direction of the awarding agency.
(3) Records for income transactions after grant or subgrant support. In some
cases grantees must report income after the period of grant support. Where
there is such a requirement, the retention period for the records pertaining to the
earning of the income starts from the end of the grantee's fiscal year in which the
income is earned.
(4} Indirect cost rate proposals, cast allocations plans, etc. This paragraph
applies to the following types of documents, and their supporting records: indirect
cost rate computations or proposals, cost allocation plans, and any similar
accounting computations of the rate at which a particular group of costs is
chargeable (such as computer usage chargeback rates or composite fringe
benefit rates).
(i} If submitted for negotiation. If the proposal, plan, or other
computation is required to be submitted to the federal government (or to
the grantee) to form the basis for negotiation of the rate, then the 3-year
retention period for its supporting records starts from the date of such
submission.
If not submitted for negotiation. If the proposal, plan, or other
computation is not required to be submitted to the federal government (or
to the grantee) for negotiation purposes, then the 3-year retention period
for the proposal plan, or computation and its supporting records starts
from end of the fiscal year (or other accounting period) covered by the
proposal, plan, or other computation.
{d} Substitution of microfilm. Copies made by microfilming, photocopying, or similar
methods may be substituted for the original records.
(e) Access to records--
(1) Records of grantees and subgrantees. The awarding agency and the
Comptroller General of the United States, the Texas State Auditor, or any of
their authorized representatives, shall have the right of access to any pertinent
books, documents, papers, or other records of grantees and subgrantees which
are pertinent to the grant, in order to make audits, examinations, excerpts, and
transcripts.
(2) Expiration of right of access. The right of access in this section must not be
limited to the required retention period but shall last as long as the records are
retained.
(f} Restrictions on public access. The federal Freedom of Information Act (5 U.S.C. 552)
does not apply to records. Unless required by federal, state, or local law, grantees and
subgrantees are not required to permit public access to their records.
Attachment 2
PART 17. GKANT�MAKING PROVISIONS
Sec. 17.01. Emergency and Deficiency Grants Out of Special Funds. For the purposes of
§§ 401.061 and 403.075, Government Code, appropriations to the Office of the Governor from
"special funds" include excess revenues from General Revenue Fund —Dedicated accounts that
were previously special funds above those estimated by the Comptroller in certifying this Act.
Sec. 17.02. Limitation on Grants to Units of Local Government.
(a) The funds appropriated by this Act may not be expended in the form of a grant to, or a
contract with, a unit of local government unless the terms of the grant or contract require that
the funds received under the grant or contract will be expended subject to limitations and
reporting requirements similar to those provided by:
(1) Parts 2 and 3 of this Article (except there is no requirement for increased salaries for local
government employees);
(2) § § 556,004, 556,005, and 556,006, Government Code;
(3) § § 2113,012 and 2113.101, Government Code;
(4) § 6.15 of this Article (Performance Rewards and Penalties);
(5) § 7.01 of this Article (Budgeting and Reporting);
(6) § 7.02 of this Article (Annual Reports and Inventories); and
(7) § 2102.0091, Government Code.
(b) In this section, "unit of local government' means:
Art IX-Conf IX-72 May 25, 2007
{1) a council of governments, a regional planning commission, or a similar regional planning
agency created under Chapter 391, Local Government Code;
(2) a local workforce development board; or
(3) a MHMR community center.
Sec. 17.03. Grant Restriction. Funds appropriated by this Act may not be expended for a grant
to a law enforcement agency regulated by Chapter 1701, Occupations Code, unless:
(1) the law enforcement agency requesting the grant is in compliance with all rules developed
by the Commission on Law Enforcement Officer Standards and Education; or
(2) the Commission on Law Enforcement Officer Standards and Education certifies that the
requesting agency is in the process of achieving compliance with such rules.
Sec. 17.04. Grants.
(a) Funds appropriated by this Act for grants of money to be made by state agencies, including
the agencies in the legislative branch, are appropriated for the statutory. purposes as the grantor
agency may specify. A state agency shall distribute grants on a reimbursement or as needed
basis unless otherwise provided by statute or otherwise determined by the grantor agency to be
necessary for the purposes of the grant.
(b) Funds appropriated by this Act for grants to be made by a state agency for a particular fiscal
year may be distributed in subsequent fiscal years so long as the grant has been awarded and
treated as a binding encumbrance by the grantor agency prior to the end of the appropriation
year of the funds appropriated for grant purposes. Distribution of the grant funds is subject to §
t03.071, Government Code.
Sec. 17.05. Grants for Political Polling Prohibited. None of the funds appropriated by the Act
may be granted to or expended by any entity which performs political polling. This prohibition
regarding political polling does not apply to a poll conducted by an academic institution as a part
of the institution's academic mission that is not conducted for the benefit of a particular
candidate or party.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
I►� '_ • [ -
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dfficial site of the City of Fort Worth, Texas
' � ` I
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RECOMIViENDATION:
It is recommended that the City Council:
1. Ratify the Office of Emergency Management's Application for the Fiscal Year 2009 Emergency
Management Performance Grant from the Texas Governor's Division of Emergency Management of
approximately $144,000.00 to reimburse expenditures from the City's Emergency Management
program;
2. If awarded the grant,
a. Authorize the City Manager to accept the Grant and to Execute a Grant Contract with the
Texas Governor's Division of Emergency Management for the amount of the award, estimated to be
approximately $144,000.00;
b. Authorize anon -interest bearing interfund loan from the General Fund to the Grants Fund of
the money awarded from the grant, approximately $144,000.00, for the interim financing of this grant
pending execution of the grant contract to secure continuation of the Emergency Management
program from one grant funding period to the next;
c. Authorize transfer of the Office of Emergency Management funds from the General Fund to
the Grants Fund in the amount of $144,000.00 as the City's match for the grant; and
d. Authorize the transfer of eligible grant costs from General Fund to Grants Fund; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of $288,00.00, from the available funds.
DISCUSSION:
The Texas Governor's Division of Emergency Management provides funds to reimburse cities for
conducting emergency management planning and preparedness activities through the Emergency
Management Performance Grant (EMPG). The City anticipates receiving an award estimated at
$144,000.00 from the Fiscal Year 2009 EMPG program based upon Fiscal Year 2003-Fiscal Year
2008 awards. In past years, the State has received additional funds for the EMPG, which it then
awarded to cities.
Approval of this M&C will authorize the Office of Emergency Management to apply for a Fiscal Year
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2009 EMPG and receive an interfund loan for Fiscal Year 2009 expenditures until the grant funding is
awarded. The reason for an interfund loan is due to a delay of execution of the contract at the State.
This delay has required the City to absorb grant costs in the General Fund even though they are
grant fund eligible. Additionally, approval will authorize acceptance of the EMPG award and transfer
of the City's match in the amount of $144,000.00 from the General Fund to the Grants Fund.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt and
acceptance of the grant money, and execution of the grant contract, funds will be available in the
current operating budget, as appropriated, of the Grants Fund. Upon execution of the grant contract,
the interim interfund loan will be returned to the General Fund. Funds will be reimbursed by the
grantor after expenditures are made.
TO Fund/Account/Centers
GR76 451583 002450355000 $144,000.00
GR76 472001 002450355000 $144,000.00
GR76 5 $2gg,000.00
(VARIOUS 002450355010
GR76 220001 002450355000 $144,000.00
Submitted for City Manager's Office. b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
02EMPG2009 AO.doc
FROM Fund/Account/Centers
GG01 538070 0028000 $144,000.00
GG01 136076 0000000 $144,000.00
Carl Smart (6525)
Juan Ortiz (6173)
Theresa Alonso (6174)
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M&C Review
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Official site of the City of Fort Worth, Texas
DATE: 8/25/2009 REFERENCE **G-16667 LOG NAME: 02EMPG2009AMEND
NO..
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Acceptance of an Additional $426.00 for the Fiscal Year 2009 Emergency
Management Preparedness Grant Award from the Texas Governor's Division of
Emergency Management and the Execution of the Grant Contract for the Total Amount of
the Award and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Accept an additional $426.00 for the Fiscal Year 2009 Emergency Management Preparedness
Grant award from the Texas Governor's Division of Emergency Management, for a total grant award
of $144,426.00 to fund the City's Emergency Management Office;
2. Execute a Grant Contract with the Texas Governor's Division of Emergency Management for the
total amount of the award; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
amount of $426.00 in the Grants Fund.
DISCUSSION:
The City Council previously approved M&C G-16602, which authorized the application for the Fiscal
Year 2009 Emergency Management Performance Grant Program award, acceptance of the grant in
the anticipated amount of $144,000.00 and execution of the grant contract. The final grant award was
an additional $426.00, for a total of $144,426.00. The grant contract has not been executed so the
additional award can be included in the contract.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations 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
GR76 451583 002450355000 426.00
GR76 516010 002450355010 426.00
FROM Fund/Account/Centers
Submitted for City Manager's Office b� Carl Smart (6525)
Originating Department Head: Juan Ortiz (6173)
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Additional Information Contact:
ATTACHMENTS
02EMPG2009AMEND.doc
Theresa Alonso (6174)
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Hi Allison,
Attached is a copy of the grant contract for $144,426.00, which is the total amount of both of the
M&Cs listed below.
Would you please file these documents as the City's original of these documents? (The State only
sent one original of the contract, which had to be signed and returned to the State.)
Thank you.
Karen Anderson
Sr. Assistant City Attorney
x 6799
uthorize the Acceptance of an Additional $426.00 for the Fiscal
Year 2009 Emergency Management Preparedness Grant Award
G-16667
from the Texas Governor's Division of Emergency Management
and the Execution of the Grant Contract for the Total Amount of
8/25/200902EMPG2009AMEND
he Award and Adopt Appropriation Ordinance
Ratify the Office of Emergency Management's Application for the
Fiscal Year 2009 Emergency Management Performance Grant, If
Awarded the Grant, Authorize the City Manager to Accept the
G-16602
Grant and to Execute a Grant Contract with the Texas Governor's
Division of Emergency Management in the Estimated Amount of
6/23/200902EMPG2009
$144,000.00, Authorize an Interfund Loan for Fiscal Year 2009
Expenditures, Authorize the Transfer of Certain Funds and Eligible
Grant Costs and Adopt Appropriation Ordinance
C: Theresa Alonso, Fire Dept. (Administrative Assistant, Emergency Management Division)