HomeMy WebLinkAboutContract 43886 Texas
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City of Fort Worth CONTRACT N09
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Date of Award: October 2,,2012 Prepared By: Gabibart,,St�ev,en 7 3.SAA Award Number: 1,2-SR 2700i0-02
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Federal Homeland Security Grant
Urban Area Security Initiative (UASI)
Mayor Betsy Price Federal Grant Award Number. EMW-2012-SS00018-S01
City of Fort Worth
Federal Granting Agency. Department Homeland
Grant 1000 Throckmorton . Directorate
+o 76102-6311
Date F d September w
97.008
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Grant Period:
UASI P A From: To:
Sep 1,, 201,2
(Public $601,920.00 (The SAA must receive all invoices by the eind of grant pleriod)
7.Statutory Authority for Griant-I The Consolidated Appropriations Act 2012,, Division D (Public Law 112-74), and the! Homeland
Security Act of 2002 (Public Law 107-296), as amended by section 101 of the Implementing Recommendations of the 9/11 Commission
Act of 2007
8. Method of Payment:, Primary
9. DebIarment/Suspension Certification:'The Sub-Recipient certifies that the sub-recipient and its con tractors/vend o rs are not
deba rIred suspended, proposed for deibarimeint, declared ineligible or voluntarily eIxcludeidi by any federal d�eipartmient or agency and do
not have active Exclusions listed,at https-/`/`"www.sam.gov/`"`porta:l,/publ'ic/``SAM/```
Machelle Pharr
State Diepluty Assistant Director
Texas Homeland Security
Administrative
Texas Department of Public
have r1ead, understood and agree to thisi Sub-Recipllent Agreement consisting of this Award and the attacheld Term�s and
Print name w ! y Sub-Recipient Signature
Mr.Charles ..
Assistant Manager
I P1
of !
Enter EmpIloyer Identification Number(EINI)or DUNS Number:
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0731 7045,8i 0, UI 75-600105128 040 J
DU Signed Aiwarld with'Terms and Conditions must�be returned to SAA_Si
�,dull date.
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CITY SE RY
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2012 TERMS AND CONDITIONS
instructions.-
The Sub-recipient shall.-
1. Fill in the information and sign the Great Subl-Recipient Award;
2. Certify they have read and understand these Terms and Conditions,-
3. Certify to the statements provided in Exhibits A, B, C and D located at the back of this document by filling in contact
information and signing all exhibits, and
4. Return all documents via email to SAA_SRA@dps.texas.gov on or before the date provided in the transmittal letter andlor
in this grant
-Qrant Sub-ac-4012'eat A argeme
I
This,Grant,Sub-recipient Agreement(consisting of this 2012 Grant Slub-recipient Award and these Terms and Conditions)is made and
en�te,red 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"or
"Su illy grantee.l" Furthermore, DPSITHSSAA and the Sub-recipien�t are collectively hereinafter referred to as the"Parties." This Grant
"this Grant"or"this Agreement", is only an offer until Sub-recipient
Sub-relicipientAgreement SR , or otherwise referred to herein as
returns the signed copy ofthis Grant on or before the date provided in the transmittal letter and/or in this Grant Sub-recipient Award.
The FY 2012 Homeland Security Grant Program (HSGP)fundling,plays an important role in the implementation of Presidential Policy
Directive—8(PPD-8,)by supporting the development and sustainment of core capabilities to fulfill the National Preparedness Goal(NPG).
HSGP funding shall be used for costs related to the planning, organization,equipment, training, and exercise needs that prevent, protect
against,mitigate, respond to, and recover from acts of terrorism and other catastrophic events.
Sub-reciplient may not assign or transfer any interest in this Grant without the express, prior written consent,of DPS/'TH1SSAA. IIf
Sub-recipient issues subawards,as part of this Grant project, Sub-recipient shall include and require its subawardees,to comply with the
terms,and conditions,of this Grant.
The:FY 2012 Nonprofit Security Grant Program (NSGP)funding p,lays,an important role in the implementation of Presidential Policy
Directive 8(PPDl-8)by supporting the development and sustainmenit of core capabliliitiles to fulfill the Il lG R. II SGP provides funding for target
hardening and other physical security enhancements and act'ivities to nonprolfit,organ il,zaiti�on s that are at high risk of terrorist attack and
located within one of the specific Urban Areas Security Initiative(UASI�),-eligible Urban Areas.While this funding is provided specifically to
high-risk,nonprofit organizations,the program seeks to integrate non�prolfit preparedness activities with broader State and local
preparedness efforts.
The term"Sub-recipient agreement funds"as used in,this,Grant means funds provided by DPS/THSSAA under the Unitedi States,
Department of Homeland Security,(DHS)Federal Emergency Management Agency(FEMA)grant programs(also ref+erredl to herein as
DHS/FEMA). The term"Sub-recipients,funds"or match funds as used lin this Grant means funds provided by the Sub-recipient.
0 rview d Performance Standards
Y.Q
All allocations and use of funds under this Grant shall ble,in accor ith thie FY 2�01 2 Funding Opportunity Announcement
(FOA)for the F'e:deral Grant Title,specified on this Grant,and su is incorporated by reference herein., S,ub-recipilent
shaill read, understand and accept the FY'2012 Funding Opportunity Announcement as,blinding.
.%goda[d gf eg[f
.glr[QgpQg, Sub-recipient shall perform all activities and projects entered into the DPS/TH'SSAA web-based grants
management system which are approved by DPSfTHSSAA. Any change to a project shall receive prior written approval by the appropriate
local,'regional':and state-level grant administrator(s). Sub-recipient shalll perform all activities in accordance with all terms, provisions and
requirements,set forth in this Grant, including but not limited to,the follow ing Exhibits:
; I
1 Assurances—)Non-Construction Programs, hereinafter referred to as"Exhibit A"
2. Assurances—Construction Programs, hereinafter referred to as"Exhibit B"
3. Certifications, hereinafter referred to as"Exhibit C"
4. State of Texas Assurances,, hereinafter referred to as"Exhibit W
i
,Eaitu.m,,.to,..,,Pe.rfTram. In the event Sub-recipient fail's to implement the project(s)entered and approved in the DlPS/T'HISSAA web-based
grants management s,ys,te�m, or comply with any provision of this Grant, Sub-recipient shall be lia,blle to DPS,/THS,S,AA for an amiolunt not to
exceed the award amount of this Grant and may be barred from applying for or receiving additional DHSIFEIVIA grant program funds or any
other grant prog�ram funds administered by DPS until repayment to DPS/THSSAA is made and any other compliance or audit finding is
satisfactorily rels:olved, in addition to any other remedy specified in this Grant. Failure,to timely irnpllemr ennt projects may reduce future
funding in additional,DHS/FEMiA and/or other grant programs administered by DP,S.,
Sub-relciplent shall assess Its federally fundeld proJects for potential implact to lenvironmental relsources and�historic properties.
Sub-recipient shall submit any re�quireid screening form(s)as soon as possible and shall comply with deadlines established by
DIRS/THSSAA.Time lug es for the Environmental PlannIng and Historic Preservation(EW)review process will vaiy based upon the
complexity of the pr "ect anid thiel plotential for environmental or historicalimpact. Slubi-reciplient shall Incluide sufficillent review
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time within Its,project�ma nagement plari to com ply with EW r a uummlm m III mwnwa r ion of F
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;Su!b-relcipient, as soon as possible upon receiving its grant award, shall provide information to DPs/THSSAA to assist with the
legally-required)EHP review and to ensure compliance with appliicablle EHP laws and Executive,Orders(ECG)currently using the,FEMA EHP
Screening)Form)O,MB Number 1660-0115/FEIIMIA f=orm 0124-01-01 and submitting,it,with all,supporting documentation, to DP'S/THSSAA for
review.These EHP requirements iincludle but are not limited to the National Environmental Policy Act,the National Historic Preservation Act,
the Endangered l Species Act, ECG 11 988_I Flooldplain Management, EO 11990—Protection of Weltllands, and ECG 1 28898—Environmental
Justice. Sub-recipient shalll comply with alll Federal, State, and local EHP requirements,and shalll obtain appllicable permllits and clearances.,
See FEMA Information Bulletin 329.
Sub-recipient shall not uindertake any activity from the project that would result in ground disturbance,facility modification,l or purchase and
use of sonlar equipment without the prior a pp roval of FEMIA.I These include,but are not limited to communications towers, plhysicall security
enhancements involving ground disturbance, new construction,and moldiification�s to buildings. Sub-recipient shalll comply with all mitigation
or treatment measures required for the project as the result of FE�MA's E'� P review. An changes to an approved project description will
�' g plc p J p
require re-evaluation for compliance with EHP requirements befolre the project can proceed. If ground disturbing,activities occur during
project implementation, S,ub-recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are
discovered, Sub-recipiient shall)immediately cease construction in that area and notify FEMIA and the appropriate Mate Historical
Preservation Office.
Funding Qblipations
A. DPSITHSSAA shall l niollt bel liable to Sub-recipient for any costs iincurreld by Sub-recipient that are not aillowwablle costs.
E'.I Notwithstanding any other prolvision of this Grant,the total of all payments and ether obligations incurred by DPS THSN SAA under this
Grant shall not exceed the Total Award Amount listed on the Grant Sub-Irecipielnt Award.
C. Sub-recipient shall contribute the match funds listed on the Grant Sub-recipient Award.
U. Sub-recipient shall refund)to DPS/T'HSSAA any sum of these grant funds that has been determined by DP,S/THSS"AA to be an
overpayment to Sub-reciiplient or that UPSrrHSSAA determines has not been spent by Sub-recipient in accordance with this Grant. No,
refund payment(s)shall be made from local, state or federal grant funds unless repayment w►w,ith grant funds is specifically permitted by
statute or regulation. Sub recipient shall)mlalke such refund to DPS THSSAA w►within thirty( o)l dalys after PS/TIHSSAA►requests such refund.
E. Notwithstanding any other provisions,the Parties hereto,understand and agree that DPSfTHS.SAA's obligations under this Grant are
contingent upon the receipt of adequate funds to meet DPS!ITHSSAA'1s liablilities hereunder, except as required bly the Homeland Security
Grant Program(HSGP). DPSrr'H!SSAA shalll not be liabile to Sub-relcipientl for costs which exceed the amount specified in this Grant.
PeCkirmance
m Im .. ,uunmlu mmnml ImmnM i I
rer i ,n 11 havel I e I grant w submitted reimbursement ,and any invoices, ,11
grant a system, n d of the performance 1 period. UPS/T'HSISAA shall not be obligated i to reimburse expenses incurred
or submitted after the performance period.
n Administrative Reauirements, Cost Principals and ALidit Reguirements
Except as specifically modified by law or this grant, Sub-recipient shall administer this Grant through compliance with the most recent
version i of all applicable laws and regulations, including but not limited)to DHSI program legislation, Federal awarding i agency regulations,
and the terms and conditions of this Grant. A n�oln-,excllusive list its provided below.
A. Administrative Requirements
1. 44 C.F.R. Part 1 , Uniform Administrative Requirement's for Grants and Cooperative Agreements to Mate and Local Governments(the
A-�102 Common Pule);
I. 2 C.F.R. Part 21'5, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
Other Non-Profit 0rglanizations(tCMIP Circular A-1110).
3. 44 C.F.R. Part 110, Environmental Consiiderations
B. Cost Principles
1.. 2 C.F.F . Part 225, Cost.Principle's for;State,) Local and Indian Tribal Colvernmentsl(OMB Circular A-87)
2... 2 C.F.R. Part 220, host Principle's for Educational Institutions(OMEN Circular A-1211)
3. 2 C.FI.R. Part 230, Cost Principles for Non-Profit Organizations(OMEN Circular A-122)
4. 48 C.F.R. Subpart 31i.2, Federal Acquisition Regulations(FAR), Contracts with Commercial Organizations
C. Audit Requirements
DIME Circular A-13 ,I Audits of States, Local)Governments)and Non-Profit Organizations,.
D. Grant Guidance(Funding Opportunity Annvlunc+em ent)
Sub-recipient agrees that all allocations and use of funds,under this Grant shall be in accordance with the applicablle FY 2012 Funding
bap:Uwy p ortunit y Aino ice resources� a ��pp ementa I
I for the HSGP
currently
vim l a nd the Nonprofit�ecurilt grant Program NSGP ,d n
h ww f - fi r n 1 1 1 2 n fo
Palgie 3 OF 18
H S $12ecific A l n n
Bub-recipient shall comply with the C,HB Standard Administrative Terms and Conditiions that acre outlin�e!d in Part 6.1�.1 Financial
Assistance Award Standard Terms and Conditions(January 10, 20111),which is incorporated by reference herein. DHS requires,those
standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financial
assistance awards. Http://w www.dhs.gov/xliibrary'assets/cfo-financial-management-piolicy-manual.pdf.
Sub-relcipient acknowledges and agrees, and shall require any sub-reciipients, subaward'ees, contractors, successors,transferees, and
assigneels to acknowledge and agree to comply with applicable provisions governing DHS access to records„ accounts,documents,.
info�rmatilon,facilities, and staff.
1. Bub-recipient shall)cooperate with any compliance review or complaint investigation conducted by DHS.
2. Bub-recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of
information related to this grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as
required by DHS regulations and other appllicable laws or program guidance.
3.. Bub-reciiplient shall submit timely, complete, and accurate reports to the appropriate DHS1 officials and maintain:appropriate backup
documentation to support the reports.
4. Bub-recipient shalll comply with alll other special)reporting, data collection, and evaluation,requirements, as prescribed by law or
detailed in program guidance.,
5. If,during the past three(3)years, Sub-recipient has been accused of discrimiination on the ground's of race, color, national origin
(including limited English proficiency), sex, age, disability, religion, or familial status, uib-recipient shall)provide a list of all such
proceedings, pending or comupletedl, including outcome and copies,of settlement agreements,to the DHS awarding office and the DHS Office
of Civil Fights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of'discrimination on grounds of race, color, national origin(includling
limited English proficiency),sex, age,disability, religiion,or familial status against Bub-recipient„ or Subs-recipient settles a case or matter
alleging i such discrimination, Sub-recipient shall forward l a copy of the complaint and findings to the DHS Component and/or awarding office.
The United States has the right to seek judiciial enforcement of these obligations.
ODeration Stoneaardein (-QES-,G) SMCIOfic Conditions
11f Sub-reciplent) receiving in Stonegarden(OPS,G)funds,Sub,11-reciplent Ir iie r obligating or expending
provided funds r this n it each unique, r is or modified county l l,trilbal or equivalent Operations r r r
Fragmentary r r has been reviewed r i i notification s and Border Protection/Borde
Patrol Each Operations Girder willl be transferred via the secure portal(CBPIBP) BPETS system from each respective ACT
Sector HQ to CBP/BP HC in Washington, D.C.,for review and pre-approval for Operational continuity, then forwarded to FEMA GPI/PGD
0PSG1 Program Office for final'review/approval. Official)notification of approval will be sent by FEMA via email to DPS/THSSAA and
CBP/BP HQ in Washington, D.C.
1. Sub-�recipiellnt shall develop and',submit required operational documents through the border area's Integrated Planning Team.
2. Sub-recipient shall maintain an approved Concept of Operations„ consisting of a campaign plan and proposed budget which will
articulate the intent of how OPBG funds will be used throughout Sub-recipient's grant performance period.
3. If Bub-recipient intends to spend more than 5o percent of its award on overtime over the course of the performance period, a request
for an overtime waiver shall be submitted)through the Integrated Planning Team.
4. Sub-recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives,of the
campaign plan.
b. Sub-recipiient shall only initiate tactical operations after the specific Operations Orders are approved through the Border Patrol
Headquarters and by F''EIVIA,and the DPs/THSBAA has issued a Grant Sub-recipient Award)or GAIL to the jurisdiction.
State Relautreme is for Grant
Bub-recipient shall also comply with all other federal, state, and local laws and regulations,applicable to thin Grant including but not limited
to the laws,and the regulations promulgated in Texas Government Code, Chapter 733, Uniform Grant and Contract Management, State
Administrative Agency Information Bulletins, available at
htt it m i r i n bu in h m,,Texas Uniform Grants M" anagement Standards(UGMlS)at
h v rn r r - rare and the State Administrative Agency dub-recip lent' M1 anuall, available at
.
. . Sub-recipient shape, in addiction to the assurances and
ll
in the completion of the project to comply with all applicable a statutes
certifications, comply and require each of its subcontractors employed e p p � p y pp ,
regulations,executive orders, OMB circulars,terms and conditions of this Grant,and the approved application.
Bub-recipient shall comply with the State of'Texas General Appropriations Act,Art. I , Part 4, as follows:
1'. Grant funds may not be expended for a grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 11 7'011,
unless the law enforcement agency requesting the grant is in compliance with alll rules developed by the Colmm�ission on Law Enforcement
Officer Standards and Education or the Commission on Law Enforcement Officer,Standards and Education certifies that the requesting
agency is in the process of achieving compliance with such rules.
2. Grant funds may not be granted to or expended by any entity which performs political polling. This prohibition does not apply to a poll
conducted by an academic institution as part of the institution''s academic mission that its not conducted for the benefit of a particular
candidate or party.
3. Grant funds may not be expended to a unit of local government unless the following limitations and reporting requirements are
satisfied:
Page 4 OF 18
a., Texas General Appropriations Act,Art. IX,l Parts 2 and 3, except there is no requirement for increased salaries for local government
employees;
b. Texas Government Code Sections 556.0014, 5156.005, and 515161.006, 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 legislation including not,assisting with the fu�nd'I
ing of a lobbyist,l or
using grant funds to pay dues,to an organization with a registered lobbyist;
c, Texas Government Code,Sections 21,13.012 and 2113.101 including not using grant funds to compensate any empllolyee 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 re�quiiiring Sub-recipients to make every effort to attain key performance target
I
levels,associated I with this grant award, including performance milestones, milestone time frames, and related performance reporting
requirements;and
e. General Appropriations Act,Art. IX, Sections 7.01 and 7.02,and Texas Government Code§21012.0091, including grant funds may only
be expended if Sub-recipient timely completes,and files its reports.
&,aftriaggivio—nd Q!gneral C9_12.ditLQns
A. Q=f Eupds. DHS grant funds may only used for the purposes set forth in this Grant, and shall be consistent with the statutory
authority for this Grant. Grant funds may not be used for matching funds,for other Federal grantsi/coloperatilve agreements, lobbying, or
intervention in Federal regulatory,or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federall giolvernmen,t
or any other government entity.
B. Lobbying Prohibited., No funds shall be expended Iby Sub-Recipient to pay any person to influence, or attempt to influence an officer or
lerriployee of any agency, a Member of'Congress, an officer or employee of Congress,: or an employee of a Member,of Congress in
connection with any Federal action concerning the award or renewal of any Federal contract,grant, loan, cooperative agreement. These
lobbying prohibitions,may be found at 31 U.S.C.§1352. Further, Sub-Recipient understands and agrees,that it shall not use any federal
funds,either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation,or policy,at any level
of government,without the express prior written,approval of FEIVIA.
C. TranArring FUDds, Sub-recipient is prohibited from transferring,funds between grant programs(such as SHSP, 1 SI, and OPSG)
without a properly executed GAN.
D. Fedgrgj Em,12.1gyee Pr iii n. Federal'employees are prohibited from serving in any capacity (paid or unpaid)on any proposal
submitted under this Grant. Federal employees may not receive funds under this Grant.
E. Cosj C
gtegg.rigs. There may be limitations on the use of HSGP funds for the categories of costs listed below. For additional details on
restrictions on the use of funds, refer to the FY 2,012, H P FO,A,,Appendix C, Funding Guidelines.
1. Management and Administration
2. Planning:
3. Organization
4. Equipment,
5. Training
6. Exercises
7. Maintenance and Sustainment
8. Critical Emergency Supplies
9. Construction and Renovation
F. Goverung Board Apr)
�roval, In cases where local funding is established by a COG or an Urban Area Security Initiative(UASI)
governing board, the release of funds by DPS/THSSAA is contingent upon funding allocati on approval by the governing board.
G. Notices. All notices or communications required or permitted to be given by either party hereunder shall be deemed sufficiently given,
if mail led 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. For notice to PST SS see address set forth below. For Sub-recipient,see the address listed
on the Grant Sub-Recipient Award page or Point of Contact address listed for the Sub-recipient in the DPS/THl SSAA Grants Management
System(SPARS).
DPSITHSSA ►Contact Information
Deputy Assistant Director
Texas Holmelanid,Security State Admin. Agency
Texas Department of Public Safety
P.O. Box 4087
Austi�n,TX 78773,-02210
H. Poinls--of Cont,act§., Within 30 days,of any change, Sub-recipient shall notify DPS/THSSAA of any change or correction to the chief
elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system.
Page 5 OF 18
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Sub-recipient shall give DPS/THS immediate notice in writing of any action or claim, including any proceeding before an administrative
ip t arising� b-rec . . g out of performance of this grant. Except otherwise directed �'S�' S,� , Sub-recipient
agency, filed against u N Ian
shall furnish immediately to I P'S/THSSAA copies of all documentation or pleadings received by Sub-recipient with respect to such action or
cl!airn.
N!2 U
h&&itvforEmWoy_ep,.*, ndOffiCgrg
DPS/THSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub-recipientp
regardless of where the individual's actions or omissions occurred.
.NQn-.W ivgr of De-La
rN failure of DPSITHSS , at any time,to enforce or require the strict keeping and performance y p s Grant shall not
Any q p �' p this
constitute a waiver of such provision, and shall!not affect or ern air same or the right of Dps/rH c So a provision o t N
p � p � . � at any Nine to avail itself of same. ,
waiver does not become effective unless I PS/THISS 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/THS,S,AA to enforce its
rights,as such rights, powers, privileges, and remedies are specifically preserved.
Qbgl2aes jind Amendmen
e - Saward aSub-recipient's modify Grant after an has been ude
. once notification has
been
made in writing,subsequent re request for funds ind!i t s acceptance of the changes,to .
award. any alteration, addition, or deletion to
this Grant by Sub-recipient is net valid.
r" n Arngndment. Alterations, additions or deletions to this Grant,such as changes to period of performance and award amounts,shall
be made through an executed Grant Adjustment Notice(GAN).
Apjhpri W Amend. During the period of performance for this Grant, DPIS/T1NS ` A and/or FEMA may issue policy directives that serve to
establish, interpret or clarify this Grant's,performance requirements. Such policy directives shall he promulgated by DPSfTHSSAA or FEI A
in the form of Information Bulletins and Sub-recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon
Sub-recipient as if written in this Grant.
ff Q1 Qf!QbiW.ggs in F w Any alterations, additions, or deletions to this Grant that are required by changes in federal
and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become
effective upon the date designated by such law or regulation. In the event FEMA or DPS/THSS,AA determines that changes are necessary
to this Grant after an award has been made, including changes to the period of'performance or terms and conditions, Sub-rec pilent shall be
notified'of the changes in writing. Once notification has been made, any subsequent request for funds will ind'ioate Sub-recipient's
acceptance of the changes to this Grant.
e a din gs
Headingis and captions of this Grant are only for convenience and'reference. These headings and captions shall not affect or modify the
terms and'conditions or be used to interpret or assist in the construction of this Grant..
Ite Aft
.n LLq
Venue shall lie in Travis county, Texas, and this grant is governed by the laws of the State of Texas.
Suwengiffion,
In the event Sub-recipient fails to comply with any terra of this gaunt, DPS/THSSAA may, upon written notification to Suib-recipient, suspend!
this Grant, in whole or in part,withhold payments to `ub-recipient and prohibit Sub-recipient from incurring additional obligations of this
G rant's funds.
Ted nit
DPS/THSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if
DPS/THSSAA determines that Sub-recipient has failed to comply with any terra of this grant. l PS/THS shall provide written notice of'
the termination and include:
1.. The reason(s)for such termination,
2. The effective date of such termination; and
3. In the case of partial termination,the portion of this Grant to be terminated.
Appeal may be made to the Deputy Director of Homeland Security, Texas Department of Public Safety.
En f.Q at I
If.dub-recipient materially !p y any term of this Grant,whether stated in a federal'or state statute or regulation, an
no
� � fails,to cam with
assurance, in a state plan or application, a tice of award„ or elsewhere„ DP,S/THSSAA or HS may tale one or more of the following
actions,as appropriate in the circumstances:
1 Temporarily withhold cash payments pending correction of the deficiency by Sub recipient or more severe enforcement action by
PS/THSS, or DIES;
2. Disallow,that is, deny both use of funds and matching credit for, all or part of the cost of the activity or auction not in compliance;
Page 10 01F 18
3. Whollly or partially suspend or terminate this Grant for Sub-recipient's program,
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
In taking an enforcement action, DPS/THSSAA will provide Sub-recipient an opportunity for a hearinigl appeal, or other administrative
proceeding to which,Sub-recipient is entitled under any statute or regulation applicable to the action involved.
The costs of Sub-recipient resulting from obligations incurred by Sub-recipient during a suspension or after termination of this Grant are not
allowable unless DPS,/THSSAA or DH'S expressly authorizes them in the notice of suspension,or term,inlation or subsequently. Other
Sub-recipient costs during suspension or after termination which are necessary and'not reasonably avoidable are allowable if:
1. The costs result from obligations which were properly incurred by Sub-recipient before the effective date of suspension or termination,
are not in anticipation of it, and in,the case of a termi,nation, are non-cancellable; and
2,. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the
termination takes effects.
The enforcement remedies identified in thiis,section, including suspension and term,ination,do not preclude.Sub-recipient from being subject
to"Debarment and Suspension" under E.O. 12549. 44 C. .R. §13.35.
Conflid of',&& I
No employee, officer or agent of Sub-reciplient shall participate in the selection, or in the award or administration of a contract supported by
Federal funds if a conflict of interest', real or apparent, is involved or otherwise creates the appearance of impropriety.,
11�0
. 0 in -e(irgnit
A. DPS/THSSAA will close as sub-award after receiving Sub-recipient's final quarterly performance report indicating that all approved work
has been completed and all fund's 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 Sub-recipient is owed
additional funds, DPS/THS,SAA will send the final payment automatically to Sub-recipient. If Sub-recipient did'not use all'the funds received,
DPS,/THSSAA will issue a Grant Adjustment Notice(G )to recover the unused funds. Sub-recipient will return the funds to the
D,PS/THSSAA within 30 days of receiving the GA N.
B. At the completion of Sub-recipient's performance period, DPS/THSSAA will de-obligate all uncommitted/unexpended funds.
C. The closeout of this Grant doles not affect',
1. DHS or DPS/THS,S,AA's right to disallow costs and recover funds on the basis of a,later audit or other review,
2. Subl-recipient's obligation to return any funds due as a result of later refunds, corrections p or other transactions,
3. Records retention requirements, property mianag�ement requirements, and audit requirements, as set forth herein, and
4. Any other provisions of this Grant that impose continuing obligations on Sub-relcipient or that govern the rights,and limitations of the
parties to this Grant after the expiration or termination of this Grant.
Please fill in the appropriate information and certify by signing bellow that you, have relald,
understood, and agree, tol the terms of Chi's Grant
Print Name of Authorized:Official AA4 l4e5_1414010f
Title I
t
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.............................................
g nature of Authorized Official Date
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15. Will comply with the Laboratory Animal Welfare Act of 1966 P.L. 544, as amended, 7 U.S.C. §213 t seq.)which requires the
minimum standards of cure and treatment for vertebrate animals bred for commercial sale,cased in research,transported commercially,or exhibited to the
public according to the Guide for Card;and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and
Use of Animals .
161. Will comply with,the lead-Based Paint Poisoning...Prevention Acct 42 '.S.C. §§4801 et se .)whilch proi...hidits the use of lead-based
paint in construction or rehabilitation of residence structures.
,. Will cause to be performed the required financial and cornpl'ianca audits in accordance with the Single Audit Act Amendments of 1996
and OMB Circular No. 313, "Audits of States, Local Governments, and Non Profit Organizations."
18.. 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 appropfiate information andslagln to certify Chi's Exhibit A.
Print Name of Authorized Official
Title
Sub-recipient Organization
/tt /54 1120
Si nature df Authic rized Official 'Data
AF� ROVED AS T M AND LEGALITY:
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J. Kayser, GOOD
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17. Will assist the awarding agency in assuring compliance with Section 106 of the rational H''istoric preservation Acct of 1966,,as amended
16 U.S.C. §470), EEO 115913(identification and protection of historic properties), and the Archaeological and Historic preservation Acct of
197 4(16 U.S.C.§ 9a-1 et seq .
18. Will cause to he performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996
and OM,B Circullar loo.A-133, "Audits of States, Local Governments, and I'k'on-Profit Organizations."
191. 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 to certify this Exhibit if applicable.
Print Name€f Authorized Official
Title
Sub-recipient Organization
nut re of Authorize facial late
APPI VE AS "[C) FORM AND O
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16, Shall comply with en vironmea ntal standards wh' ich may be prescribed pursuant to than following- a institution of environmental quality
control measures under the National En°vironmenta�l Molloy Act of 1969 a P'.L. 91-190)and Executive Order(EO) 11514; b notification of
violating faoil�itioa pursuant to EO 11 x 38; o protection of wetlands pursuant to EO 11990; d evaluation of flood hazards in floodplains in
accordance with E0 11988; o assurance of p�rojoot consisten,cy with the appro�vod state management programs developed under,the
Coastal Zone Management Act of 1972 16 U.S.C.§§1451 of aegw�; conformity of federal actions to State(Clear Air) Implementation
Plana under Section 176(c)of than Clear Air Act of 195 , as amended(42 U.S.C. §§7401 of seq.); protection o�f underground sources of
drinking water under the Safe Drinking Water Act of 1 �74, 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. Shall comply with the Veld and, Scenic Rivers,Act of 1968 116U.S.C. §§1271 opt seq)related to protecting components or potential
components,of the national,wild and scenic,rivers system.>
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 11 96 , as
amended 16 U.S.C. 470), E0 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. Shall comply with the Laboratory Anilmal Welfare,Act of 19661 P'.L. 9-544, as amended, 7 t .Sl .C. X 21311 et sogw which,requires the
mlinimurn standards of care and treatment for vertebrate animals brad for commercial,sale, used in research, transported oornmerciall'y, oir
exhibited to the public according to the Guido for Caro and Use of Laboratory Animals and P'ubilio Health Service Molloy and Government
Principals'Regarding the Care and,Use of Animals.
2 . Shall comply with the Lead-Based Paint Poisoning Prevention Act 42 U.S.C. §§4801 of seq.)which prolhibits the use of lead-based
paint in construction or rehabilitation of residential structures.
21. Shall,comply with the Pro-Children Act of 1994(Public Lary 103-277),which prohibits smoking within any portion of any indoor facility
used for the provision of services for children.
22. Shall comply with all,federal tax lags and,are solely responsible for filing all,required state and fodor al tax forms.
23. Shall 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 simlilar 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 have Exclusions listed at
jgZ 16W,
25. Shall adopt and implement applicable provisions of the model ICI "/AIDS work place guidelines of the Texas Department of Health as
required by the Texas Health and Safety Code,Ann., Sec. 815.001, et seq.
Please fill in the appropriate information, and saga, to certify this Exhibit,D.,
Print Blame of Authorized Official
Title
APPR VED AS "I" FORM AND LEALITY-
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Sub-recipient organization
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Page 18 OF I
"'M&C"Rov ow Page 1 `2
Official site of the City of Fob Woith,"Texas
CITY COUNCIL, AGENDA FoRTWORT11
COUNCIL ACTION: Approved on 11/12/2012 ordlnwaanoe No. 20499-11-2012
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DATE: 11/12/20,12 REFERENCE NO.. *C-25968 LOG NAM 362012HSG
CODE: C TYPE: CONSENT NT PUBLIC NO
HEARING-.
SUBJECT: Authorize Acceptance of Fiscal al "dear 2012 Homeland Security Grant funds from,the
'Stator of Texas, Texas Department of Public Safety in the Amount of$2,,753,629.85,
Approve Execution of All Applicable Grant Contracts and,adopt appropriation Ordinance
(ALL COUNCIL 1STl-ICTS
,r r
r r ,
RECOMMENDATION:
It as recommended that the City Council-
1. Authorize the acceptance of an award in the amount up to $2,753,529,851 of Fiscal Year 2012
Homeland Security Grant Fund's from the State of Texas,, Texas Department of Public Safety
consisting of
Urban Area Security Initiative grant, Catalog Federal Domestic Assistance o. 97.057:
$2, 5 .,70 . 5
Urban Area Security Initiative Law Enforcement Terrorism Prevention Activities, graant, CFDA No.
97-008: $601,920.001 0I
2. Authorize the 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$2,7531,629-815, subject to receipt of the award.
The United States Department of Homeland Security HS through the State of Texas, Texas
Department of Public Safety awards grants to jurisdictions across the state to enhance local
capabilities to prevent, respond to and recover from,, acts of terrorism and natural disasters. The
Urban Area Security Initiative 'AS1 grant program encourages jurisdictions to strengthen local and
regional preparedness efforts and to seek benefits available through cooperative action.
Funding awarded as part of the 2012 UASI and UASI Law Enforcement Terrorism Prevention
Activities (LETPA) grants program will be used by the Fire Department, Police Department and other
City departments to maintain and improve the community's capacit y to prepare for, prevent and
respond to terrorism incidents and other natural disasters. The office of Emergency Management will
coordinate with City departments in the development and implementation of gaunt funded projects in
the areas of threat assessment, risk reduction, capability suatainment, plan development, public
education and training.
The performance period of the UASI grant is from epte ber 11, 2012 to May 14,, 2,01 4., This grant
has no local match requirement.
I CAOI',N 'ORMATlol” C RTIFICATION:
The Financial Management Services Directoir certifies that upon approval of the above
recommendations, receipt of the grant, and adoption of the attached appropriation ordinance,, funds
will bee available in the current operating budget, as appropriated, of'the Grants Fund.
hftp- a s.cfwnet.orgco o fD=1 5 3 count"'.date= 1/ x/20 2 3/20 2 a n
M&C Review Page 2 of 2
TO
Fun dy/Arco unt/Centers FROM Furn d/Accoun,t/Cent,ers
GR76 451'217 036442607000 $23151_J709.85
GR76 451,217 036442608000 $601,920.00
GR761 _L5 L215J709.85
VARIOUS) �36442607XXX . J
GR76 J5 $601,
VARIOUS) 03,6442608X
920.00 XX
Submifte efs Office b
y: Charles Daniels (6,199)
OrIgIna,ting Department Head: Rudy Jackson (6805)
Additional InformtIon Contact: Pat Vasquez (6525)
Juan Ortiz (6 173)
ATTACHMENTS
2012 P"'
FORT WORTH CITY OF - 201�2 DFWA UAS,I,.,,,pdf
FO,RT' WORT:H CITY OF - 2012 UASI LE- df
... .......................................
http-,//apips.,cfwnet.org/ic,ounc"I
I _packet/mc—,rev iew.asp',?ID=1758 councildate=11/1.2/2012 11/13/2012
..............