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HomeMy WebLinkAboutContract 42782 (2)M' 5A �7� Texas Department of Public Safety E I x \� al Tjere 20].1 Sub -Recipient Award for City of Fort Worth i. General Award Information Reference/Encumbrance No: Date of Award: November 17, 2011 4. Sub -Recipient Name and Address Mayor Betsy Price City of Fort Worth 1000 Throckmorton Fort Worth, TX 761021 11 6. Award Amount and Grant Breakdowns UASI $2, 874, 796.56 Prepared By: Youngs, Jamie 13. SAA Award Number: 11-SR 27000-01 5. Federal Grant Information Federal Grant Title: Homeland Security Grant Program (HSGP) Urban Area Security Initiative Program (UASI) Federal Grant Award Number: EMW-2011-SS-00019 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Date Federal Grant Awarded to TxDPS: October 7, 2011 CFDA: 97,067 Grant Period: From: To: Sep 1, 2011 Feb 28, 2014 (The SAA must receive all invoices by the end of grant period) 7. Statutory Authority for Grant: The Department of Defense and Full -Year Continuing Appropriations Act 2011 (Public Law 112-10), and Section 2003 of the Homeland Security Act of 2002, as amended by section 101 of the Implementing Recommendations of the 9/11 Commission Act, 6 U.S.C. 604. 8. Method of Payment: Primary method is reimbursement. 9. Debarment/Suspension Certification: The Sub -Recipient certifies that the sub -recipient and its contractors/vendors are not debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http://www.epis.gov/epls/search.do 10. Agency Approvals Approving TxDPS Official: Machelle Pharr Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety 11. Sub -Recipient Acceptance Signature of TxDPS Official: I have read, understood and agree to this Sub -Recipient Agreement and the attached Terms and Conditions. Print name and title of Authorized Sub -Recipient official: Signature of Sub -Recipient Official: Charles Daniels Assistant City Manager Enter Employer Identification Number (EIN) or p pbA�,r er: Date Signed : Federal Tax Identification Number: 4• V 75-6000528 ,ate �000000;�70458 DUE DATE: January 5, 2012 Signed awar WORTH, TX contract • log I • r 9 2011 TERMS AND CONDITIONS The Sub -recipient must: 1. Fill in the information and sign the Sub -Recipient Award, 2. Certify they have read and understand the Terms and Conditions by initialing the bottom of each page. 3. Fill in the information located on Page 4. 4. Certify to the statements provided in Exhibits A, 8, C and D located at the back of this document by filling in contact information and signing all exhibits. 5. Return all documents to the DPS/THSSAA on or before the date provided in the transmittal letter and/or in the agreement. Parties to Sub -recipient Aareement This Sub -recipient Agreement (includes the Sub -recipient Award and the Terms and Conditions) is made and entered into by and between the Department of Public Safety / Texas Homeland Security State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "DPS/THSSAA," and the funds recipient, hereinafter referred to as the "Sub -recipient." Furthermore, DPS/THSSAA and the Sub -recipient are collectively hereinafter referred to as the "Parties." The Sub -recipient Agreement is only an offer until the Sub -recipient returns the signed copy of the 2011 Sub -recipient Agreement on or before the date provided in the transmittal letter and/or in the Sub -recipient Agreement Award. Sub -recipient may not assign or transfer any interest in this Sub -recipient Agreement without the express, prior written consent of the DPS/THSSAA. Overview and Performance Standards All allocations and use of funds under this grant must be in accordance with the FY 2011 Grant Program Guidance for the Federal Grant Title specified on the Sub -recipient Agreement Award. All award Sub -recipients are required to have read, understood and accepted the FY 2011 Grant Program Guidance as binding. Standard of Performance. The Sub -recipient shall perform all activities and projects entered into the DPS/THSSAA web -based grants management system which were approved by the THSSAA. The Sub -recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Sub -recipient agreement, Terms and Conditions and the following Exhibits located at the end of this document: 1. Assurance —Nop-Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurance —Construction Programs, hereinafter referred to as "Exhibit B" 3. Certification, hereinafter referred to as "Exhibit C" 4. Assurance —From UGMS §_.14 hereinafter referred to as "Exhibit D" Failure to Perform. In the event the Sub -recipient fails to implement the projects) entered into the DPS/THSSAA web -based grants management system, or comply with any of this Sub -recipient agreement's provisions, in addition to the remedies specified in this Sub -recipient agreement, the Sub -recipient is liable to DPS/THSSAA for an amount not to exceed the award amount of this Sub -recipient agreement and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other federal program funds administered by DPS/THSSAA until repayment to DPS/THSSAA is made and any other compliance or audit finding is satisfactorily resolved. Failure to timely implement projects may reduce future funding in additional DHS/FEMA grant programs administered by the DPS/THSSAA. DPS/THSSAA Obligations Measure of Liability. DPS/THSSAA shall not be liable to the Sub -recipient for any costs incurred by the Sub -recipient that are not allowable costs. Sub -recipient Aoreement Funds Defined and Limit of Liability. The term "Sub -recipient agreement funds" as used in this Sub -recipient agreement means funds provided by DPS/THSSAA under the DHS/FEMA grant programs. The term "Sub -recipient's funds" or match funds as used in this Sub -recipient agreement means funds provided by the Sub -recipient. Notwithstanding any other provision of this Sub -recipient agreement, the total of all payments and other obligations incurred by DPS/THSSAA under this Sub -recipient agreement shall not exceed the Total Award Amount listed on the Sub -recipient Award. Sub -recipient shall contribute the match funds listed on the Sub -recipient Award. Excess Payments. The Sub -recipient shall refund to DPS/THSSAA any sum ofSub-recipient agreement funds that has been paid to the Sub -recipient by DPS/THSSAA or that DPS/THSSAA determines has resulted in overpayment to the Sub -recipient or that DPS/THSSAA determines has not been spent by the Sub -recipient in accordance with this Sub -recipient agreement. No refund payments) may be made from local, state or federal grant funds unless repayment with grant funds is specifically permitted by statute or regulation. The Sub -recipient shall make such refund to DPS/THSSAA within thirty (30) days after DPS/THSSAA requests such refund. Initial �'�%�/ Date Page 2 OF 18 Suspension In the event the Sub -recipient fails to comply with any of this Sub -recipient Agreement's terms, DPS/THSSAA may, upon written notification to the Sub -recipient, suspend this Sub -recipient agreement in whole or in part, withhold payments to the Sub -recipient and prohibit the Sub -recipient from incurring additional obligations of Sub -recipient agreement funds. Termination DPS/THSSAA's Right to Terminate. DPS/THSSAA shall have the right to terminate this Sub -recipient agreement, in whole or in part, at any time before the end of the Performance Period, whenever DPS/THSSAA determines that the Sub -recipient has failed to comply with any of this Sub -recipient Agreement's terms. DPS/THSSAA shall notify the Sub -recipient in writing prior to the thirtieth (30th) day preceding the termination of such determination and include: 1. the reasons for such termination; 2. the effective date of such termination; and 3. in the case of partial termination, the portion of the Sub -recipient agreement to be terminated. Appeal may be made to the Deputy Director of Homeland Security, Department of Public Safety. Enforcement In taking an enforcement action, the awarding agency will provide the sub -recipient an opportunity for such hearing, appeal, or other administrative proceeding to which the sub -recipient is entitled under any statute or regulation applicable to the action involved. Conflict of Interest No employee, officer or agent of the sub -recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Monitoring Sub -recipients will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirement, timelines, milestone completion, budget, and other related program criteria are being met. DPS/THSSAA or its authorized representative reserves the right to perform periodic desk/office-based and/or on -site monitoring of the Sub -recipient's compliance with this Sub -recipient agreement's terms and conditions and of the adequacy and timeliness of the Sub -recipient's performance pursuant to this Sub -recipient agreement. After each monitoring visit, DPS/THSSAA shall provide the Sub -recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in the Sub -recipient's performance under this Sub -recipient agreement's terms, the monitoring report shall include requirements for the timely correction of such deficiencies by the Sub -recipient. Failure by the Sub -recipient to take action specified in the monitoring report may be cause for this Sub -recipient agreement's suspension or termination pursuant to the Suspension and/or Termination Section. AUC�it Audit of Federal and State Funds. The Sub -recipient shall arrange for the performance of an annual financial and compliance audit of Sub -recipient agreement funds received and performances rendered under this Sub -recipient agreement as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26). The Sub -recipient will also comply, as applicable, with Texas Government Code, Chapter 783, 1 TAC 5.141.et. seq. and the Uniform Grant Management Standards (UGMS), State Uniform Administrative Requirements for Grants and Cooperative Agreements. Right to Audit. The Sub -recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Sub -recipient agreement funds received and performances rendered under this Sub -recipient agreement. The Sub -recipient agrees to permit DPS/THSSAA or its authorized representative to audit the Sub -recipient's records. The sub -recipient shall provide any documents, materials or information necessary to facilitate such audit. Sub-recioient's Liability for Disallowed Costs. The Sub -recipient understands and agrees that it shall be liable to DPS/THSSAA for any costs disallowed pursuant to financial and compliance audits) of Sub -recipient agreement funds. The Sub -recipient further understands and agrees that reimbursement to DPS/THSSAA of such disallowed costs shall be paid by the Sub -recipient from funds that were not provided or otherwise made available to the Sub -recipient pursuant to this Sub -recipient agreement or any other federal contract. Sub -recipient's Facilitation of Audit. The Sub -recipient shall take such action to facilitate the performance of such audits) conducted pursuant to this Section as DPS/THSSAA may require of the Sub -recipient. The Sub -recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub -recipient and the requirement to cooperate is included in any subcontract it awards. Other Requirements A. During the performance period of this grant, Sub -recipient governmentjurisdictions must maintain an Emergency Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). 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 TDEM identifies deficiencies in the Sub -recipient government jurisdiction's plan, Sub -recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM. Initial Date Page 3 OF 18 B. Projects identified in the DPS/THSSAA web -based grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of the grant. Sub -recipient will submit its project plans, narrative and budget to DPS/THSSAA and FEMA (if required) for approval prior to expending or requesting advances of any funds for this award. During the performance period of this grant, Sub -recipient agrees that it will participate in alegally-adopted county and/or regional mutual aid agreement. C. During the performance period, the Sub -recipient must be a registered user of the Texas Regional Response Network (TRRN) (or other response asset inventory management system specified by DPS/THSSAA) and must identify all major resources such as vehicles and trailers, equipment costing $5,000 or more, and specialized teams/response units equipped and/or trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions through mutual aid. D. Sub -recipients must submit Fiscal Year 2010 Indirect Cost Allocation Plan signed by Cognizant Agency. "Cognizant agency" means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 CFR Part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies. Plan should be forwarded to the DPS/THSSAA. E. Regional Planning Commissions/Council of Governments (COGs) will follow guidelines listed in the DPS/THSSAA FY2011 COG Statement of Work. F. 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 government purposes: (1) the copyright in any work developed under an award orsub-award; and (2) any rights of copyright to which a recipient or Sub -recipient purchases ownership with Federal support. The sub -recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. Closing the Grant A. The Sub -recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the end of the performance period listed on the sub -recipient agreement. B. DPS/THSSAA will close a sub -award after receiving Sub -recipient's firial performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that the Sub -recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to the Sub -recipient. If the Sub -recipient did not use all the funds received, DPS/THSSAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds. Sub -recipient will return the funds to the DPS/THSSAA within 30 days of receiving the GAN. C. At the completion of the sub -recipient's performance period, DPS/THSSAA will de -obligate all uncommitted /unexpended funds. Restrictions. Disclaimers and Notices A. In cases where local funding is established by a COG or UASI governing board, the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governing board. B. Notwithstanding any other agreement provisions, the parties hereto understand and agree that DPS/THSSAA's obligations under this agreement are contingent upon the receipt of adequate funds to meet DPS/THSSAA's liabilities hereunder, except as required by HSGP grant. DPS/THSSAA shall not be liable to the Sub -recipient for costs under this Agreement which exceed the amount specified in the Sub -recipient Award. C. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Loan Star, to the other party at its respective address set forth below or to a Point of Contact listed for the sub -recipient in the DPS/THSSAA Grants Management System. DPS/THSSAA Contact Information ! Sub -Recipient Contact Information i (Please Fill -In Contact Information below) Deputy Assistant Director, ;Texas Homeland Security State Admin. Agency ETexas Department of Public Safety `P.O. Box 4087 i Austin, TX 78773-0220 Name: Juan Emergency Management Coordinator cy: City of Fort Worth ress: 1000 Throckmorton St. Fort Worth, TX 76102 Uniform Administrative Requirements, Cost Principals and Audit Requirements Except as specifically modified by law or this Sub -recipient agreement's provisions, the Sub -recipient shall administer the award through compliance with the most recent version of all applicable Laws and Regulations. Anon -exclusive list is provided below. A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (OMB Circular A-110). 3. 44 CFR Part 10, Environmental Considerations Initial ��arsC/ Date Page 4 OF 18 B. Cost Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 C.F.R. Part 220, Cost Principles for Education Institutions (OMB Circular A-21) 3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) 4, 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements —OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations. D. Grant Guidance The sub -recipient agrees that all allocations and use of funds under this grant will be in accordance with the applicable FY2011 Grant Program Guidance and application kit and supplemental resources, e.g., for Homeland Security Grant Program currently available at http://www.fema.gov/txt/government/grant/2011/fy11_hsgp_kit.txt; for Regional Catastrophic Preparedness Grant Program, http://www.fema.gov/txt/government/grant/2011/fy11_rcpgp_kit.txt; for Emergency Operations Center Grant Program http://www,fema.gov/txt/government/grant/2011/fyl1_eoc_kit.txt; and Nonprofit Security Grant Program, hftp://www.fema.gov/txt/government/grant/201 1/fyl l _nsgp_kit.txt. Lobbying Prohibited Sub -Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of FEMA. Environmental Review The Sub -recipient, as soon as possible upon receiving their grant award, must provide information to DPS/THSSAA to assist with the legally -required environmental planning and historic preservation (EHP) review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA for review. These EHP requirements include but are not limited to National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. The recipient must comply with all Federal, State, and local EHP requirements and obtain applicable permits and clearances. See FEMA Information Bulletin 329. Recipient shall not undertake any written activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings that are 50 years old or older. Recipient must comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Initiation of these activities prior to completion of FEMA's EHP review will result in a non-compliance finding and may not be eligible for grant funding. Retention and Accessibility of Records Retention of Records. The Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of Sub -recipient agreement funds pursuant to the applicable OMB Circular, 44 CFR Section 13.42, UGMS §_.42, and this Sub -recipient agreement. The Sub -recipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for 3 years after any real estate or equipment final disposition. The DHS or DPS/THSSAA may direct the sub -recipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. Access to Records. The Sub -recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by the Sub -recipient pertaining to this Sub -recipient agreement including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by the Sub -recipient. The Sub -recipient agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code Chapter 552. Inclusion in Subcontracts. The Sub -recipient shall include the substance of the Retention of Records and Access to Records sections in all subcontracts. After Action Reporting The Sub -recipient shall complete, deliver to the appropriate source, and retain copies of all after -action and certificates of completion for all training and exercises paid for by this grant. Legal Authoritx Sionatory Authority. The Sub -recipient assures and guarantees that the Sub -recipient possesses the legal authority to enter into this Sub -recipient agreement, receive Sub -recipient agreement funds and to perform the services the Sub -recipient has obligated itself to perform pursuant to this Sub -recipient agreement. Authorized Representative. The person or persons signing and executing this Sub -recipient agreement on the Sub -recipient's behalf do warrant and guarantee that he, she or they have been duly authorized by the Sub -recipient to execute this Sub -recipient agreement on the Sub -recipient's behalf and to validly and legally bind the Sub -recipient to all contractual terms, performances and provisions. Initial Date Page 5 OF 18 Conflicts in Requirements. If conflict exists between federal, state, or local requirements, the sub -recipient shall comply with the strictest requirement. Notice of Litigation and Claims The Sub -recipient shall give DPS/THSSAA immediate notice in writing of any action, including any proceeding before an administrative agency, filed against the Sub -recipient arising out of the performance under this Sub -recipient agreement. Except as otherwise directed by DPS/THSSAA, the Sub -recipient shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by the Sub -recipient with respect to such action or claim. Non -Waiver of Defaults ANY FAILURE OF DPS/THSSAA, AT ANY TIME, TO ENFORCE OR REQUIRE THE STRICT KEEPING AND PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT WILL NOT CONSTITUTE A WAIVER OF SUCH PROVISION, AND WILL NOT AFFECT OR IMPAIR SAME OR THE RIGHT OF DPS/THSSAA AT ANY TIME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE UNLESS DPS/THSSAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPS/THSSAA SHALL NOT CONSTITUTE A WAIVER OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER, PRIVILEGE, OR REMEDY AVAILABLE TO DPS/THSSAA TO ENFORCE ITS RIGHTS, AS SUCH RIGHTS, POWERS, PRIVILEGES, AND REMEDIES ARE SPECIFICALLY PRESERVED. Indemnity AS PERMITTED BY LAW, SUB -RECIPIENT SHALL INDEMNIFY, DEFEND AND HOLD DPS/THSSAA AND THE STATE OF TEXAS (INCLUDING ITS DIRECTORS, COMMISSIONERS, EMPLOYEES, AGENTS AND THEIR SUCCESSORS) ("INDEMNITEES') HARMLESS FROM AND AGAINST ANY OF THE FOLLOWING THAT ARISE OUT OF OR RESULT FROM SUB -RECIPIENT'S NEGLIGENCE (ANY AND ALL), FAULT, ACT, FAILURE TO ACT, OMISSION, BREACH OF THIS AGREEMENT OR VIOLATION OF ANY STATE OR FEDERAL LAW AND/OR REGULATION, AS WELL AS ANY VIOLATION OF ANY MATTER MADE THE BASIS OF A TREATY AND/OR CONVENTION AND/OR AGREEMENT BETWEEN THE UNITED STATES AND ANOTHER NATION: CLAIMS; LAWSUITS; DAMAGES; LIABILITIES; PENALTIES; TAXES; FINES, INTEREST; EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS, INVESTIGATION COSTS AND ALL DIRECT OR INDIRECT COSTS OR EXPENSES INCURRED IN DEFENDING AGAINST ANY CLAIM, LAWSUIT, OR OTHER PROCEEDING, INCLUDING THOSE EXPENSES INCURRED IN ANY NEGOTIATION, SETTLEMENT, OR ALTERNATIVE DISPUTE RESOLUTION); ANY AND ALL DAMAGES, HOWEVER CHARACTERIZED, SUCH AS DIRECT, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO THIS AGREEMENT OR THE RIGHTS PROVIDED THEREIN, IN ANY AND ALL CLAIMS AGAINST ANY OF THE INDEMNITEES BY ANY EMPLOYEE OF THE SUB -RECIPIENT OR ANY EMPLOYEE OF ITS SUBCONTRACTOR(S), THE INDEMNIFICATION OBLIGATION UNDER THIS AGREEMENT WILL NOT BE LIMITED IN ANY WAY BY THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE SUB -RECIPIENT OR ANY OF ITS SUBCONTRACTOR(S) UNDER WORKER'S DISABILITY COMPENSATION ACTS, DISABILITY BENEFITS ACTS, OR OTHER EMPLOYEE BENEFITS ACTS, SUB -RECIPIENT SHALL COORDINATE ITS DEFENSE AND ANY SETTLEMENT WITH THE ATTORNEY GENERAL FOR THE STATE OF TEXAS AS REQUESTED BY THE DPS/THSSAA. IN ANY SETTLEMENT, SUB -RECIPIENT MUST NOT MAKE ANY ADMISSION OF LIABILITY ON THE PART OF ANY OF THE INDEMNITEES, THIS SECTION SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION OR RIGHT WHICH ANY OF THE INDEMNITEES HAVE BY LAW OR EQUITY, THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. Changes and Amendments Modification. FEMA or the DPS/THSSAA may change the award document after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates sub -recipient's acceptance of the changes to the award. Written Amendment. Alterations, additions or deletions to this Sub -recipient agreement's terms, such as changes to period of performance and award amounts, will be made through Grant Adjustment Notices generated by the DPS/THSSAA web -based grants management system and executed by the Parties. Authority to Amend. During the period of this Sub -recipient agreement's performance DPS/THSSAA and/or FEMA may issue policy directives that serve to establish, interpret or clarify this Sub -recipient agreement's performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or FEMA in the form of Information Bulletins and Sub -recipient Manuals and shall have the effect of qualifying this Sub -recipient agreement's terms and shall be binding upon the Sub -recipient as if written in the Sub -recipient agreement. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to the Sub -recipient agreement's terms that are required by the changes in federal and state laws or regulations are automatically incorporated into this Sub -recipient agreement without written amendment to this Sub -recipient agreement and shall become effective on the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate sub -recipient acceptance of the changes to the award. Initial ��/y Date Page 6 OF 18 Headings Headings and captions of this Sub -recipient agreement's sections and paragraphs are only for convenience and reference. These headings and captions shall not affect or modify this Sub -recipient agreement's terms or be used to interpret or assist in the construction of this Sub -recipient agreement. Venue For purposes of litigation pursuant to this Sub -recipient agreement, venue shall lie in Travis County, Texas, and be governed by Texas Law. Other General Conditions DUNS Number. Sub -recipient confirms its Data Universal Numbering Systems Number (DUNS) is the number listed on the Sub -recipient agreement award. Data Universal Numbering System (DUNS) number means the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedgov.dnb.com/webform. Central Contractor Registration and Universal Identifier Reauirements. Sub -recipient maintains that it has registered on www.ccr.gov, and entered DPS/THSSAA-required information. See SAA Information Bulletin. Sub -recipient will keep current, and then review and update the CCR information at least annually, at the beginning of September of each year. Sub -recipient will keep information current in Central Contractor Registration database until the later of when it submits this grant's final financial report or receives final grant award payment. Sub -recipient agrees that it will not make any subaward agreement or contract related to this award without first obtaining the vendor/subawardee's mandatory DUNS number. See section .210 of OMB Circular A-133, Audits of States, Local Governments, and Non-profit Organizations. Reporting Total Compensation of Sub -recipient Executives. 2 CFR 170.320; see FEMA Information Bulletin 350; SAA Information Bulletin. 1. Applicability and what to report: Sub -recipient must report whether Sub -recipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 CFR 170.320. Sub -recipient must report whether 80% or more of Sub -recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub -recipient answers "yes" to both questions, Sub -recipient must report, along with Sub -recipient's DUNS number, the names and total compensation (see 17 CFR 229.402(c)(2)) for each of the Sub -recipient's five most highly compensated executives for the preceding completed fiscal year. 2. Where and when to report. Sub -recipient must report executive total compensation at www.ccr.aov. By signing this agreement Sub -recipient is certifying that, if required, Sub -recipient's jurisdiction has already registered, entered the required information, and agrees to keep information in the Central Contractor Registration database current, and update the information at least annually at the beginning of September for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub -recipient agrees that it will not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. Contract Provisions. All contracts executed under this award will contain the contract provisions listed under 44 CFR 13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee, the Sub -recipient will determine whether the vendor/subawardee is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department and agency and will confirm the vendor/subawardee does not appear in the Excluded Parties List System, currently at www.epls.gov./search.do. Direct Deposit. Since September 1, 2011, Sub -recipient has either forwarded or is currently forwarding to DPS an updated direct deposit form currently available at http://www.window.state.tx.us/taxinfo/taxforms/74-176.pdf. Sub -recipient may simultaneously sign up for the Advance Payment Notification email feature which provides state of Texas payees with gone -business -day advance notice that a direct deposit payment has been sent to their financial institution. After receiving an APN, payees may securely access their payment details online. Points of Contacts. Within 30 days of any change, Sub -recipient will enter, confirm, and/or correct the chief elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system. Publications. All publicatioris produced as a result of this funding, which are submitted for publication in any magazine, journal, or trade paper shall carry the following: "This material is based upon work supported by the U.S. Department of Homeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security." Quarterly Performance Reports. The sub -recipient will submit performance reports and progress reviews per DPS/THSSAA and/or FEMA's direction. Currently most reports are entered into the grants management system. For Homeland Security Grant Program, Emergency Operations Center Grant Program, Regional Catastrophic Preparedness Grant Program and Non-profit awards performance reports are currently due on each January 20, April 20, July 20 and October 20. The final report is to be filed the quarter after the end of Sub -recipients performance period. Failure to timely complete performance reports will result in the Sub -recipient being unable to request additional reimbursements/advances. Controlled Unclassified Information. Some information and materials provided pursuant to or resulting from this Award may be export controlled, sensitive, for official use only or otherwise protected by law, executive order or regulation. The sub -recipient is responsible for compliance with all applicable laws and regulations. Initial Date Page 7 OF 18 Securitv Requirements. Sub -recipients of this award shall use their own security procedures and protections to protect Sensitive Information received or distributed under this Award. The sub -recipient shall also establish procedures to provide reasonable assurance that no Sensitive Information will be developed or generated under this award. Such security procedures should include procedures (e.g., security check forms, type of background check/investigations performed (if necessary) and requirements for successful adjudication of the type of background check/investigations performed) to determine the suitability ofsub-recipients' personnel requiring recurring access to government facilities or access to Sensitive Information provided under this award. A copy of the security procedures and any proposed Non -Disclosure Agreement for the sub -recipients' personnel shall be submitted to the DPS/THSSAA within two (2) weeks after signing this agreement. The sub -recipient will be notified of any concerns that may be identified once the security procedures are forwarded and reviewed by DHS. Sensitive Information. Work under this award may involve access to Sensitive Information from the Federal Government. Therefore, the sub -recipient shall not disclose, orally or in writing, any Sensitive Information to any person unless authorized in writing by the DHS Grants Officer. Further, the sub -recipient shall ensure that Sensitive Information is protected in such a manner that it is safeguarded from public disclosure in compliance with local, state or Federal laws and with sub -recipient's security procedures. For those sub -recipient personnel authorized access to Sensitive Information, the sub -recipient must ensure that these persons receive training concerning the protection and disclosure of Sensitive Information both during and after the period of performance. Public Dissemination of Sensitive Information. The sub -recipient will notify the DPS/THSSAA of any workshops, conferences, seminars or other public venues at least 100 days before presenting any potentially sensitive information regarding this project. No Sensitive Information may be presented by the sub -recipients' personnel without DPS/THSSAA and DHS Grants Officer's review and prior written approval. Securitv Concerns/Violations. The sub -recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) days of the sub -recipient being made aware of any security concerns with individuals having access to government facilities or Sensitive Information. In the event that Sensitive Information is divulged in violation ofsub-recipient's security procedures, the sub -recipient will immediately notify the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. Site Visits. The DHS and/or DPS/THSSAA, through authorized representatives, has the right, at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by the DHS on the premises of the sub -recipient, or a contractor under this Award, the sub -recipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the Government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. Use of DHS. DPS. and DPS/THSSAA Seals and Non -Endorsement. The sub -recipient shall obtain the respective agency's prior written approval before using either agencies' seal. Funding of this Award does not equate to endorsement of use of funding agencies' seals. Initial �i�/�/ Date Page B OF 18 Prohibited Activities 1) Traffickina In Person and Commercial Sex Act Prohibition a) Provisions applicable to asub-recipient that is a private entity. i) Asub-recipient and/or the sub -recipient's 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) DPS/THSSAA or FEMA 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 1a of this award term; or (2) Has an employee who is determined by an 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 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. b) Provisions applicable to asub-recipient that is not a private entity. i) THSSAA may unilaterally terminate this award, without penalty, if the sub -recipient: ii) Is determined to have violated a prohibition in paragraph 1a of this award term; or iii) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a1 of this award term through conduct that is either: (1) Associated with performance under this award; or (2) Imputed to 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) ASub-recipient must inform the DPS/THSSAA immediately of any information it received from any source alleging a violation of a prohibition in paragraph a1 of this award term. ii) DPSlTHSSAA's right to terminate unilaterally is described in 1 b or 2 of this section: (1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104 (g)), and (2) Is in addition to all other remedies for noncompliance that are available to DPS/THSAA under this award. iii) Sub -recipient must include the requirements of 1a of this award term in any sub -award the sub -recipient makes to a private entity. d) Definitions. For purposes of this award term: i) "Employee" means either: (1) An individual employed by asub-recipient who is engaged in the performance of the projector program under this award: or (2) Another person engaged in the performance of the project or program under this award and not compensated by Sub -recipient 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) Anon -profit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b). (b) Afor-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). 2) Classified Security Condition 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 Branch Program (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, 2008: 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 currently 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. DHS Office of Security ISPB contact information: Telephone: 202-447-5346, Email: D254AdministrativeSecujjidhs.gov, Mail: Department of Homeland Security, Office of the Chief Security Officer, ATTN: ASD/Industrial Security Program Branch, Washington, DC. 20528 Initial C�%e�i[� Date Page 9 OF 18 Operation Stonegarden (.PSG) Specific Condition The OPSG Sub -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 Operation 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 (1) THE APPROPRIATE Customs and Border Productions (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 Program Directorate (GPD), Grant Development and Administrative Division (GD&A). Notification of release of programmatic hold will be sent by FEMA via email to the Texas Homeland Security State Administrative Agency (THSSAA) with a copy to OPSG Coordinator at CBP/BP HQ, Washington DC. Emergency Operations Center Grant Program (L= I Specific Condition The Sub -recipient is prohibited from obligating, expending or drawing down EOCGP funds provided through this award until the required budget and budget narrative are reviewed and approved by FEMA and an official notice has been issued from FEMA removing this special condition. Regional Catastrophic Preparedness Grant Program (RCPGP) Specific Condition The Sub -recipient is prohibited from obligating or expending RCPGP funds provided through this award until the required budget and budget narrative are approved by FEMA and this condition is rescinded. In addition, the Sub -recipient is prohibited from obligating or expending RCPGP funds provided through this award until DHS/FEMA has provided signed approval of the project narrative and project plans to the Sub -recipient. State Requirements for Grants 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. in Texas Government Code Chapter 783, Uniform Grant and Contract Management Code: State Administrative Agency Information Bulletins, currently available at http://www,txdps,state.tx,us/director staff/saa/information bulletins htm Texas Uniform Grants Management Standards (UGMS) currently at governor.state.tx.us/files/state-grants/?UGMS062004.doc; and the State Administrative Agency Sub -recipient Manual, currently available at http://www.txdr)s,state,tx,us/director staff/saa/documents/subrecipientManual pdf. Sub-recipient(s) must, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the.project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of the award, and the approved application. The Sub -recipient will follow Texas General Appropriations Act, Art. IX, section 4.05 which requires conforming with: a) Texas General Appropriations Act, Art. IX, Parts 2 and 3 of the General Appropriations Act, except there is no requirement for increased salaries for local government employees; b) Texas Government Code section 556.004, 556.005, and 556.006 including not using any money or vehicle to support the candidacy of any person for office; not influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose; and not using grant funds to influence the passage or defeat of a legislative including not assisting with the funding of a Lobbyist, or using grant funds to pay dues to an organization with a registered Lobbyist; c) Texas Government Code section 2113.012 and 2113.101 including not using grant funds to compensate any employee who uses alcoholic beverages on active duty plus Sub -recipient may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d) Texas General Appropriations Act, Art. IX, section 6.13 requiring Sub -recipients to make every effort to attain key performance target levels associated with this grant award, including performance milestones, milestone time frames, and related performance reporting requirements; and e) General Appropriations Act, Art. IX, section 7.01, 7.02, and 7.03 and Texas Government Code § 2102.0091, including may only be expended if the Sub -recipient timely completes and files its reports. Please fill in the appropriate information and sign. Print Name of Authorized Official Charles Daniels Title Sub -recipient Organization Assistant City Manager City;of Fort Worth Date �,_ G-25400 v Contract Authoriaatio� FT WORT*iTQXs EXHIBIT A ASSURANCES - NON -CONSTRUCTION PROGRAMS See Standard Form 424B 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. §§47284763) 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. §§290dd-3 and 290ee- 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, Q) 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.C. §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. 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.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.). 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." Initial Date Page 11 OF 18 18, Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this program. �op�n� qr ,a 00 0000 Please fill in the appropriate information and sign. �� ° y� �JJ 0 DY Print Name of Authorized Official Charles Daniels ¢a a Title Assistant City Manager Sub -recipient Organization City of Fort Worth Date Contract Authorization Date OFFICIAL RECORD, CITY SECRETARY FT. WORTH, TX I Page 12 OF 18 EXHIBIT B ASSURANCES as 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. §§47284763) 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.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. §§290dd-3 and 290ee 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 statue(s) under which agreement for Federal assistance is being made; and 0) 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.C. §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 purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 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). ef Initial Date Page 13 OF 18 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, grant guidance and policies governing this program. Please fill in the appropriate information and sign. Print Name of Authorized Official Charles Daniels Title Assistant City Manager Sub -recipient Oroanization City of Fort Worth Contract Authorization Date U C OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Initial � Date Page 14 OF 18 Exhibit C Certifications The undersigned, Charles Daniels (print), as the authorized official of City of Fort Worth 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-LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying 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 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as -defined at 28 C.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 to www.epls.00v and the State Debarred Vendor List www.window,state,tx.us/i)rocurement/oroci/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; or 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. 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, places) 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. H. Sub -recipient agrees that it is not delinquent on any Federal debt. I. Sub -recipient 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. Initial � Date Page 15 OF 18 J. Sub -recipient 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. Print Name of Authorized Official Charles Daniels Title Assistant City Manager Sub -recipient Oroanization City of Fort Worth �o tract: Authorizations 1 iU iZ Initial ��yR� Date Page 16 OF 16 EXHIBIT D State of Texas Assurances As the duly authorized representative of the sub -recipient, I certify that the sub -recipient 1. Will comply with Texas Government Code, Chapter 573, 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. 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, unless otherwise expressly prohibited by law. 3. Must comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution, 4. Must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Will not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the subgrantee is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Must comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations 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 compliance with such rules if the subgrantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Will follow all assurances. 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 UGMS Section .36 for additional guidance on contract provisions). 8. 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. 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 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 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 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. §§290dd-3 and 290ee-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 application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 10. 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. Will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (POLO 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. Will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees wInose principal employment activities are funded in whole or in part with Federal funds. 13. 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. 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). Initial � Date Page 17 OF 18 15. Will comply with the flood insurance purchase requirements of Section 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. 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. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 17. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et ) related to or components of the national wild and scenic rivers system, seq.protecting components potential 18. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 19661 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.). 19. 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. 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. 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. Will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Will comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at httr)://www.er)ls.00v. 25. Must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Please fill in the appropriate informafion and sign. Print Name of Authorized Official Charles Daniels Title Assistant City Manager Sub -recipient Oroanization City of Fort Worth Contract ptuthorizatioa l �• 0 n C v� t j/ �� OFFICIAL RECiDRD CITY SECRETARY FTe !NORTH, TIC Initial � Date Page 18 OF 18 City of Fort Worth, Texas Mayor and councii communication COUNCIL ACTION: Approved on 1/10/2012 —Ordinance No. 20048—01-2012 DATE: Tuesday, January 10, 2012 REFERENCE NO.: C-25401 LOG NAME: 362011HSGP SUB.TECT• Authorize Acceptance of, if Awarded, Fiscal Year 2011 Homeland Security Grant Funds from the State of Texas, Division of Emergency Management in an Amount Up to $5,067,804.91, Approve the Execution of All Applicable Grant Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) It is recommended that the City Council: 1. Approve the Fire Department, Office of Emergency Management, Application for and Acceptance of, if awarded, in a amount up to $5,067,804.91 in Fiscal Year 2011 Homeland Security Grant Funds from the State of Texas, Division of Emergency Management, consisting of: • Urban Area Security Initiative grant, CFDA No. 97.067: $2,874,796.56; • Urban Area Security Initiative LEAP grant, CFDA No. 97.067: $1,855,400.00*, • Metropolitan Medical Response System grant, CFDA No. 97.067: $267,608.351 • State Homeland Security Program LETPA grant, CFDA No. 97.067: $70,000.00 Combined total award: $5,067,804.91; 2. Authorize execution of all applicable grant contracts; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $5,067,804.91, subject to receipt of the award. 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 2011 Homeland Security Grant Program (HSGP) marks the sixth year the City has been awarded funds under the Urban Area Security Initiative (UASI) grant. Under the Fiscal Year 201 I UASI grant program, Fort Worth, as part of the Dallas —Fort Worth —Arlington urban area, was awarded $41730,196.56 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. The UASI grant is split into a UASI ($2,874,796.56) grant and a UASI LEAP ($1,855,400.00) grant to ensure we dedicate 25 percent to law enforcement related activities as required by the grant terms and conditions. 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 support planning and equipment to improve coordination and response to mass casualty incidents. The State Homeland Security Program (SHSP) supports the implementation of State Homeland Security Strategies to address identified planning, organization, equipment, training and exercise needs to prevent, protect against, respond to and recover from acts of terrorism and other catastrophic events. The funds awarded under the SHSP grant will be used to support technical and tactical training for regional explosive ordinance disposal teams. The Office of Emergency Management coordinates 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 performance period of the UASI grant is from September 1, 2011 to February 28, 2014. The performance period of the MMRS and SHSP grant is from September 1, 2011 to August 31, 2013. This grant has no local match requirement. FISCAL INFORMATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. 1 J I I1' 1•Ic �11•i N MT, b • •• • n •• Charles Daniels (6199) Rudy Jackson (6805) Pat Vasquez (6525) Juan Ortiz (6173) r t -� 74.176 Vendor Direct Deposit !Advance Payment Notification Authorization This form maybe used by vendors or lnd/v/dual rec/p/ents - to receive payments from the state of Texas by direct deposit - b change or cancel exlst/ng direct deposit /nformatlon Transaction i i i rvr.1NA A0glQr �e .� ❑ Advance Payment Notffioatlon ❑ Internattonai Payments Vertflcation ❑ Interagency Transfer � � New setup (sections Z $ 4 and 5 - Section B to options!) ❑Chan a account g type (Sectkrts Z< � 4 ertd 5 - Sectiat 5 is opt/ona!) U ❑ Change flnandal Institution (Sections 2, 3, 4 and 5 - SeCtldr 5 k optional) ❑Cancellation Sections 2 and 4 - Sediona 7 and 8 rorstate e ( ag acy use) �t W ❑ Chsnge account number (Sections ?, 3, 4 and 5 - S®Coon B /a oiDftaneiJ , Payee Identification Social Security N mu bar (SSN) or N Employer Identiftcation Number (I pPayee name tauelr,eeagn�vlduet) � City of Fort Worth � tNaiprtg address 1000 Throckmorton Financial Institution (Comp/etit F7nandai InsttWtlon name t+1 Roudny transit number (& d!p(6e) o t1,1,1,0�-,0,0,6 UFinandat roproeenteltvs name (optionaq W 47 Authorization for 3etupr 7,5r-iV�V,0,0,5r2,8 Mall code (if not known, leave ( 817 ) 392-6030 ext. CIS titan ZIP a Fort Worth TX �y financial lnstttuHon !s recommended.) ; Cpy Chase Fort Worth �"'�"'�'- ��" Customer account number (mexh,um iT chareetera) -,4, t1,1,8,0,1,2,1,2,0,2, J. Michael Wilson or Cancellation _.r._ r - ��, —�— 76902 --~;-- tale �'iX 7ypeotacoamt Checking �, �j savtngs Vice President , t 884-4283 ext. � 0�/26/11 I authorize the Texas Comptroller of PublicAccounta to deposit my payments from the state of Texas to my financial Institution electronlcali�s� v I understand that the Texas Comptroller of Public Accounts will reverse any payments made to my account to error. z ,, ;, , � I further understand that the Texas Comptroller of Public Accounts will comply at ail flmes with the National Automated Clearing House Assodation's w rotes. (For further information on ese rules, please contact your tlnanciai instituttonj � Sig � Printed name Dafa .,,_. here Jenny Kerzman, Assistant Treasurer 08(26/1 �rnatio manta Verif on {required) Will these payments be fotwarcted to a financial institution outside the United States?......................................................... ❑YES _ -�(�NO Authorization for Advance Cancellation Authorized u