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HomeMy WebLinkAboutContract 41273Date of Award October 20, 2010 Tex capaktinei t ®t Ptijh00c Safety 2010 SuhtaRecipient Award for City of Fort Worth 0 � SECRETARY COMF off, 1. Sub -Recipient Name and Address Mayor Mike Moncrief City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102-6311 2. Prepared by: Seals, Freddie 3. SAA Award Number: 10-SR 27000-01 Federal Grant Information Federal Grant Title: Homeland Security Grant Program (HSGP) Urban Area Security Initiative (UASI) Federal Grant Award Number: 2010-SS-T0-0008 Date Federal Grant Awarded to TxDPS: August 1, 2010 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Award Amount and Grant Breakdowns UASI Award Amount (Federal) CFDA: 97.008 $3,590,615. 11 Grant Period: From: Aug 1, 2010 To: Feb 28, 2013 (The SAA must receive all invoices by the end of grant period) 6. Statutory Authority for Grant: This project is supported under Department of Homeland Security Approprijtior'AM Law 111-83). 7. Method of Payment: Primary method is reimbursement. t 01or'(F blic� % V, 8. Debarment/Suspension Certification: The Sub -Recipient certifies that the sub -recipient and its contractY s/\ ndor f rho ; Fit debarred, suspended, proposed for debarment, declared ineligible or voluntarilyexcluded byanyfederal de ar' etif}`mroa`enc and' dr' > P .� �, 9 Y not appear in the Excluded Parties List System at http://www.epls.gov.2.8.9029.0 000ct000 Approving TxDPS Official: Janice E. Bruno, Administrator State Administrative Agency Texas Department of Public Safety Agency Approval Signature of TxDPS Official: Sub -Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub -Recipient official: Charles Wo Daniels Assistant City Manager Signature of Sub -Recipient Official: 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 13. DUI Signed 1 tt�' ; tt t. :0; 12. Date Signed : E g iC/?cqo rm (if applicable) must be returned to TxDPS on or before the above due date. rJ Texas xC s PDT)`�ofc�fl �tm�-�nt ofPL bI7c SafeSy 'co? P� /$'1K•EJ \LP- 8 1� Award J"uh=Recipient rzll' (2010 j for ,.;1 spyct. City of Fart Worth Date of Award October 20, 2010 1. Sub -Recipient Name and Address [2. Prepared by: Seals, Freddie 3. SAA Award Number: 10-SR 27000-01 4. Federal Grant Information Mayor Mike Moncrief Federal Grant Title: Urban (UASi) Area Security Initiative City of Fort Worth Federal Grant Award Number: 2010-SS-T0-0008 1000 Fort Worth, Throckmorton TX 76102-6311 Date Federal Grant Awarded to TxDPS: August 1, 2010 Federal Granting Agency: Department FEMA Grant Programs of Homeland Directorate Security S• Award Amount and Grant Breakdowns , i ti UASI-L . TPA Grant Period: Award (Federal) Amount Aug From: 1, 2010 Feb 28, To: 2013 L F IA 97.008 : (The SAA must receive all period) invoices by the end of grant 093,447.00 $1, 6. Statutory Authority for Grant: This project is supported under Department of Homeland Security Appropriation P t lic Law 111-83 . rT � ��c��ooQ. +� f , et b �?. 0 7. Method of Payment: Primary method is reimbursement. ' rl i u 0 (49 4 S. Debarment/Suspension Certification: The Sub -Recipient certifies that the sub -recipient and its contraci t gen=li rs' nit ro t 41 debarred, not appear suspended, in the Excluded proposed Parties for List debarment, System declared at http://www.epls.gov.2.8.9029.0 ineligible or voluntarily excluded by any federal dep 4trix �;fa` n��7� _ t or a . /, n -- ' nd �, do < 2 9. Agency Approval i r1'�* � i Q00000° Odd Approving TxDPS Official: Signature of TxDPS Official: �' LtriarCaseOkr- Th.\ % agisse Janice E. Bruno, Administrator State Administrative Agency ,e. Texas Department Public Safety }' of - = , I 10. Sub -Recipient Acceptance f ;1 I have read and understand the attached Terms and Conditions. >. Type name and title of Authorized Sub -Recipient official: Signature of Sub -Recipient Official: O c%-t J 0 L ' vie - t�'' Charles W. Daniels f , __, Assistant City Manager '` 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 12. Date Signed : jrd/IS be/o - 13. DUE DATE: December 4, - 010 CITY !rcp Signed 9 award and Direct Deposit p For(if a . P-Pq `:rs licab_le v„re +6t ) v?A ria' muse r returned 4 min g- to TxDPS on or before the above due date. r Special Conditions 2010 Operation Stonegarden (OPSG) Specific: 1) The recipient is prohibited from obligating or expending Operation Stonegarden (OPSG) funds provided through this award until each unique specific or modified county level or equivalent Operational Order/Frag Operations Order with embedded estimated operational budget has been reviewed and approved through an official email notice issued by FEMA removing this special programmatic condition The Operations Order approval process/structure is as follows: Operations Orders are submitted to (I) the appropriate Customs and Border Protection (CBP) Border Patrol (BP) Sector Headquarters (HQ); upon approval by the Sector HQ, forwarded through the Border Patrol Enforcement Transfer System (BPETS) system to (2) the OPSG Coordinator, CBP/BP Washington, DC and upon approval forwarded to (3) Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD). Grant Development and Administration Division (GD&A). Notification of release of programmatic hold will be sent by FEMA via email to the State Administrative Agency (SAA) with a copy to OPSG Coordinator at CBP/BP HQ, Washington DC. General: 1) a) Provisions applicable to a sub -recipient that is a private entity. i) You as a sub -recipient, your employees, may not: (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect: or (3) Use forced labor in the performance of the award or sub -award under this award. ii) We may unilaterally terminate this award, without penalty, if the sub -recipient that is a private entity: (1) Is determined to have violated a prohibition in paragraph 1 a of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition of this award term through conduct that is either: (a) Associated with performance under this award, or (b) Imputed to you or the sub -recipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180 "OMB Guidelines to Agencies on Govemment Debarment and Suspension (Non -procurement),' as implemented at 2 CFR Part 3000. b) Provisions applicable to a sub -recipient that is other than a private entity. We may unilaterally terminate this award, without penalty, if the sub -recipient that is a private entity: i) Is determined to have violated a prohibition in paragraph la of this award term; or ii) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph al of this award term through conduct that is either: (1) Associated with performance under this award; or (2) Imputed to you or the sub -recipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government Debarment and Suspension (Non -procurement) " as implemented at 2 CFR Part 3000. c) Provisions applicable to any recipient: i) You must inform us immediately of any information you received from any source alleging a violation of a prohibition in paragraph al of this award term. II) Our right to terminate unilaterally that is described in 1b or 2 of this section: and Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104 (g), (2) Is in addition to all other remedies for noncompliance that are available to us under r this award. Initial ��� '� Date ) o� Page 10 OF 17 2) iii) You must include the requirements of la of this award term in any sub -award you make to a private entity. d) Definitions. For purposes of this award term: i) "Employee" means either: (1) An individual employed by a sub -recipient who is engaged in the performance of the project or program under this award: or (2) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. ii) "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. iii) "Private entity" means: (1) Any entity other than a State, local government, Indian Tribe, or foreign public entities, as those terms are defined in 2 CFR 175.25. (2) Includes: (a) A non-profit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2CFR 175.25(b). (b) A for -profit organization iv) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meaning given at section 103 of the TVPA, as amended (22 U.S.C. 7102). a) Classified national security information as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. b) No funding under this award shall be used to support a contract sub -award, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for that access to such information c) Where. an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, sub -award, or other agreement for goods or services that will include access to classified national security information by the contractor, sub-awardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch(ISBP), or an appropriate official within the Federal department or agency with whom the classified effort will be performed. d) Such contracts, sub -awards, or other agreements shall be processed and administered in accordance with the DHS " Standard Operation Procedures Classified Contracting by States and Local Entities," dated July 7, 20089: EO's 12829, 12959, 12968, as amended, the National Industrial Security Program Operating Manual (NISPOM); and /or other applicable implementing directives or instruction. All security requirement documents are located at: http;//www.dhs/gov/xopnbiz/grants/index.shtm. e) Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, sub -award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub -award, or other agreement, the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and processing instructions. Please fill in the appropriate information and sign. Charles Wo Daniels Type Name of Authorized Official Assistant City Manager Title City of Fort Worth Sub jecwtent Organization , /5, / 0 Signature of Authorized Official Date Initial 0` Date � Page 11 OF 17 EXHIBIT A ASSURANCES - NON -CONSTRUCTION PROGRAMS As the duly authorized representative of the sub -recipient, I certify that the sub -recipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. 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. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. 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 1685-1686), 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; (d) the Age Discrimination Act of 1975, 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 on 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 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) Title VIII 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; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies 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. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9.. 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.0 §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction sub agreements. 10. Will comply if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. 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 (Clean Air) Implementation Plans under Section 176(c) of the Clean 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. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P L. 93- 205) 12. Will 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. Initial Date Page 12 OF 17 13 Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.0 §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. 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. 16. 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 residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. Please fill in the appropriate information and sign. Charles Wo mantels Type Name of Authorized Official Assistant City Manager Title City of Fort Worth Sub-recipie�,r t Organization Sigibature of Authoriz Official /2 . /S. /r, Date Initial Date / 2. /5. /0 Page 13 OF 17 EXHIBIT B ASSURANCES -CONSTRUCTION PROGRAMS As the duly authorized representative of the sub -recipient, I certify that the sub -recipient: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. 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. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based pain in construction or rehabilitation of residence structures. 10 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 1685-1686), 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; (d) the Age Discrimination Act of 1975, as amended (42 U.S.0 §§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 on 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 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) Title VIII 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 statue(s) under which agreement for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies 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 and federally -assisted programs These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. 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.0 §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction sub -agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L 93-234) which requires recipients in a special flood hazard area to participate in the program and to purch.se flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 1 5 Initial Date r3 Page 14 OF 17 15. 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 (Clean Air) Implementation Plans under Section 176(c) of the Clean 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. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will 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. 17 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 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. Please fill in the appropriate information and sign. Charles Wo Daniels 0(LI Type Name of Authorized Official Assistant City Manager Title City of Fort Worth Sub-recipieOrganization Pe 15 l0 Signature of Authorized Official Date Initial Date / a /5.. /0 Page 15 OF 17 Exhibit C Certifications I The undersigned, C.,r . '" _(print), as the authorized official of '�`vl certifies the following to the best of his/her knowledge and belief. A. No Federal appropriated funds have been paid or will 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 or a Member of Congress in connection with the awarding of any Federal contract 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, of modification of any Federal contract, grant, loan, or cooperative agreement B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -La "Disclosure of Lobbying Activities," 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 at all tiers (including subcontract, sub -grants, and contracts 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 which 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 section 1352, title 31, U.S. Code. 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. 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 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 tcwww.epls.gov and the State Debarred Vendor List httpJ/www.window.state.tx.us/prc htto://www.window.state.tx.us/Drocurementfproa/vendor performance/debarred./ 2. Have not within a three-year period preceding this agreement 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 agreement had one or more public transactions (Federal, State, or local) terminated for cause or default; and 5. Where the sub recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this agreement. (Federal Certification) E. 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. F. Sub -recipient must comply with 2 CFR Part 180 Subpart C as a condition of receiving grant funds, and sub -recipient must require such compliance in any sub -grants or contract at the next tier. G. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. H Drug -free Workplace Act, as amended, 41 U S.C. §701 et seq. — Requires the recipient to publish a statement about its drug -free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be involved in award -supported activities at any site where these activities will be carried out. Also, place(s) where work is being performed under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 CFR Part 17. Initial Date Page 16 OF 17 I. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. Please fill in the appropriate information and sign. Charlas TAL_J) niexs Type Name of Authorized official Assistant City Manager Title City of Fort Worth Sub -recipient organization fZc id Signature of Authorized`Official Date initial Date /2. /5. lQ Page 17 OF 17 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/7/2010 — Ord. No. 19472-12-2010 DATE: Tuesday, December 07, 2010 REFERENCE NO.: C-24634 LOG NAME: 362010HSGP SUBJECT: Ratify the Application for and Authorize the Acceptance of, if Awarded, an Amount Not to Exceed $5,010 789.09 m Fiscal Year 2010 Homeland Security Grant Funds from the State of Texas, Division of Emergency Management, Ratify the Execution of all Applicable Grant Contracts, Authorize an Interfund Loan for Fiscal Year 2011 Expenditures, Authorize the Transfer of Certain Funds and Eligible Grant Costs and Adopt Appropriation Ordinance RECOMMENDATION: DISCUSSION: The Emer a terrorism prepare neeas t nature yeti > jrx ergenc Manageme ct $5,010 789} } in Fiscal Ye. aria gement-con s cation for and nda$h,tnterest beming:interfund loan fromfl e Gelier� s97,.fo nterim financing to secure eortinuatror rant futzdine next; at ager`s Execution of all Applicable Grant ContraatS. a d appropriation -ordinance increasing. estrrnate 09; subject to receipt of the award !in d to trie Homelan appropna main e totes Department of. Homeland Security (DI -IS) through the State -of Texas, Division aria gez entr awards,grant funds to junsdictions in Texas on the basis of risk, dentograpl enhance a community's _capability to prevent, respond to, and recover.fromr acts' isasters :This grant program encourages jurisdictions to strengthen.local and"region lid to -Seek benefits available through cooperative action The City: 4f Hirt Worth (City) participates with other jurisdictions in the North_ Central Tea s.Coui ci GoteMirientfi to develop= and implement capab'lities and processes to increase regional and individu community readiness in; alignment with federal arid state homeland security strategies.° ensu con atid-Security Grant Program (HSGP) marks the an Area Security Iiuttative,(UASI} grant Unde connmunitieshegions Across the nation were awarded UASI grants by rogram :will lie used by, the Fire. Department; Police Department and other City se the;Gbinnitltiity's capaeity,to prepare for, prevent and,respond to terrorism iilci. tt inty' a IJASI: ($3,590;615:,11). grant and a IJAS LEAF' ($1),093,447.04)grant' ireentA0 law enforcement related activities as required 6y ;the grant terms, a• th year the City has i5e e.FY 20I0"CIASI.aran s one of 124; recipients nationwide to receive funding under the Metropolitan l� MRS) grant, the third: sub, program listed above The MMRS grant wt(1 be.use equtpztient to, Improve response to mass c`asualt incidents ►rps Progxam.(CGP) ,es to bring cox ementxn emergety mparedness mn unity, volunteer: based imtiat cy`iri Elie event Olaf) emergency of ty and governriertt-leadera tog ttllg, rtitttg ttO f esponse mud e e 1ey anagemenv wi11 coordinate. with various Ciky dej djects urthe areas ofthreat-and vulnerability assessmen [ ty enhanceznent, public education and readiness; trai tpss efforts of our cotnmtnity: The perforxrtanee petit: z,8 201 The performance period of the - FISCAL INFORMATION: rvices bisector certit*ie$ that apes) on ofthe attnched.•appropratton of appropriated,, of the Grants° Fund FUND CENTERS: TO Fund/Account/Centers GR76 451217 036442510000 fiR76 451217 036442511000 GR76 451217 036442512000 GR76 451217 036442513000 GR76 5(VARIOUS1 036442510XXX GR76 5(VARIOUS) 036442511XXX GR76 5(VARIOUS) 036442512XXX GR76 5(VARIOUS) 036442513XXX GR76 220001 036442510000 GR76 220001 036442511000 GR76 220001 036442512000 GR76 220001 036442513000 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: tments 1n the: develQpme risk reductlanplan tag and eicerdises un support cf the %YASX grant is from t FROM Fund/Account/Centers $3.5904615.11 GG01 136076 0000000 $1.252.697.25 $1.093.447,00 $317.419.00 $9.307.98 $3.590.615.11 $1.093.447.00 $3171419.00 $9.307.98 $897.653.75 $273,361.75 $79.354.75 $2.327,00 Charles Daniels (6199) Rudy Jackson (6805) Additional Information Contact: ATTACHMENTS 1. 36 2010HSGP AO.doc Juan Ortiz (6173) Eric Carter (2877)