HomeMy WebLinkAboutOrdinance 20499-11-2012Ordinance No. 20499 -11 -2012
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $2,753,629.85,
SUBJECT TO RECEIPT OF FISCAL YEAR 2012 HOMELAND SECURITY GRANT
FUNDS FROM THE STATE OF TEXAS, DEPARTMENT OF PUBLIC SAFETY, FOR
THE PURPOSE OF ENHANCING LOCAL CAPABILITIES TO PREVENT, RESPOND
TO AND RECOVER FROM ACTS OF TERRORISM AND NATURAL DISASTERS;
PROVIDING FOR A SEVERABIL.TTY CLAUSE; MAKING THIS ORDINANCE
CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2012 -2013 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants
Fund in the amount of $2,753,629.85, subject to receipt of Fiscal Year 2012 Homeland Security Grant
Funds from the State of Texas, Department of Public Safety, for the purpose of enhancing local capabilities
to prevent, respond to and recover from acts of terrorism and natural disasters.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or
void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3
That this ordinance shall be cumulative of Ordinance No. 20411-09-2012 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions
of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
wa
Msistant City Attorne
ADOPTED AND EFFECTIVE: November 12, 2012
Texas Department of Public Safety
2012 Sub-Recipient Award
for
City of Fort Worth
I Date of Award: October 2, 2012 1 Prepared By: Gabbart, Steven 13. SAA Award Number: 12-SR 27000-02 1
Mayor Betsy Price
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102-6311
UASILETPA
$601,920.00
m. reueroi %%ram: imormwien
Federal Grant Title: Homeland Security Grant Program (HSGP)
Urban Area Security Initiative (UASI)
Federal Grant Award Number: EMW-2012-SS-00018-SO1
Federal Granting Agency: Department of Homeland Security FEMA
Grant Programs Directorate
Date Federal Grant Awarded to TxDPS: September 6, 2012
CFDA: 97.008
7. Statutory Authority for Grant: 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 (Public Law 110-53).
S. 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 have active Exclusions listed at https://www.sam.gov/portal/public/SAM/
Approving TxDPS Official: Signature of TxDPS Official:
Machelle Pharr
Deputy Assistant Director
Texas Homeland Security
State Administrative Agency
Texas Department of Public Safety
11. Sub-Recipient Acceptance
1, have tread, understood and agree to this Sub.-Reciplent Agreement consisting of this Award and the attached Teirinis and
Conditions.
Print name and title of Authorized Sub-Recipient Official: I Signature of Sub-Recipient Official:
Enter Employer Identification Number (EIN) or DUNS Number; Date Signed
Federal Tax Identification Number: I
DUE DATE!� Noweniber 15, 2012 Signpti Awwd mth rernis And CondWwws rnust be returned to SAA. _SRA(Adps.texa*.gov an ai before the
due date.
Grant Period:
From:
To:
Sep 1, 2012
May 31, 2014
(The SAA umwust recaWe aH unvoices by the eared of grant p eriod)
7. Statutory Authority for Grant: 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 (Public Law 110-53).
S. 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 have active Exclusions listed at https://www.sam.gov/portal/public/SAM/
Approving TxDPS Official: Signature of TxDPS Official:
Machelle Pharr
Deputy Assistant Director
Texas Homeland Security
State Administrative Agency
Texas Department of Public Safety
11. Sub-Recipient Acceptance
1, have tread, understood and agree to this Sub.-Reciplent Agreement consisting of this Award and the attached Teirinis and
Conditions.
Print name and title of Authorized Sub-Recipient Official: I Signature of Sub-Recipient Official:
Enter Employer Identification Number (EIN) or DUNS Number; Date Signed
Federal Tax Identification Number: I
DUE DATE!� Noweniber 15, 2012 Signpti Awwd mth rernis And CondWwws rnust be returned to SAA. _SRA(Adps.texa*.gov an ai before the
due date.
2012 TERMS AND CONDITIONS
The Sub-recipient shall:
/. Fill in the information and sign the Grant Sub-Recipient Award;
2. Certify they have read and understand these Terms and Conditions;
J. Certify to the statements provided in Exhibits A, B, C and D located at the back of this document hy filling incontact
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 andlhr
in this grant.
19,
This Grant Sub-recipient
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 "DPSYTHSSAA," and the funds recipient, hereinafter referred to as the "Sub-recipient" or
"Sub-grantee." Furthermore, DPS/THSSAA and the Sub-recipient are collectively hereinafter referred to as the "Parties." This Grant
Sub-recipient Agreement (SRA), or otherwise referred to herein as "this Grant" or "this Agreement", is only an offer until Sub-recipient
returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub-recipient Award.
The FY2V12 Homeland 8e
H0GP�ndi ' supporting the development and sustainment of capabilities — �a��g,�avd �ve��"nevd`V�t�peven�|�m�'�
against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events.
Sub-recipient may not assign or transfer any interest m this Grant without the express, prior written consent ofopS/THSSAA. If
Sub-recipient issues subawards as part of this Grant project, Sub-recipient shall include and require its ovb*wmvd000m comply with the
terms and conditions uf this Grant.
The FY 2012 N h Security Grant
Directive o(ppu*) by supporting the development and sustainment of core capabilities to fulfill the NGP. NSGP provides funding for target
hardening and other physical security enhancements and activities to nonprofit organizations 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 nonprofit preparedness activities with broader State and local
preparedness efforts.
The term "Sub-recipient a nt funds" as used in this Grant means funds provided b DP8DH88&A under the United States
Department ofHomeland Security (DHS) Federal Emergency Management Agency (FEMA) grant programs (also referred to herein as
DH5/FEMA). The term "Sub-recipient's funds" or match funds as used in this Grant means funds provided by the 8ub-eoipienL
Overview and Performance Standards
AlKWV",mflons and use of funds under this Grant sha88bein accordance with the FY 2012 Funding 0 wrtunity Amamumpemmenu
(FOA) for the FuderaVGrmnt TVtlespwcOled ont1hiim Grant, and such FY 2012 F,0A is8mcmrpmrwtod byneileremweherein, Sub-recipient
shall read, understand and accept the FY 2012 Funding Opportunity Announcement as binding.
Standard of Performance G || perform all d into the DP8/T GGAA web-based grants
management system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriate
|oxa|nagiona|andmam-|e"mkgrenedminiavmmr(m). Sub-recipient shall perform all activities in accordance with all terms, provisions and
requirements set forth in this Grant, including but not limited to the following Exhibits:
1 . Assurances – Non-Construction Programs, hereinafter referred was "Exhibit A"
2. Assurances – Construction Programs, hereinafter referred <oau "Exhibit or
3. Certifications, hereinafter referred toas "Exhibit C^
4. State of Texas Assurances, hereinafter referred 0oao "Exhibit [r
Failure to Perform- In the event Sub-recipient fails implement h DPS/TxSGAA web—based
grants management vvmem vrc*mpwwnn any pmvsmnn,m/o Grant, Suu'nauwontshall oanao/e,ou,u//nxSuv for an amount not ,o
exceed memwa�amount o� this Grant and may bo barred from applying for receiving additional DHS/FEMA grant program funds o,any
other grant program funds administered byQP5 until repayment toopS/TH3S/w\io made and any other compliance nr audit finding |v
satisfactorily resolved, madd}Uon«` any nmeremadyapecmeu|n this Grant. Failure m timely implement p/�emsmay euuoa�mna
�ngingmudd|Uon:l�HS/rEM* and/or other grant programs administered Uyop3.
Environmental Review
Subrecipienf shalli subrnif arvy required scraw)�nq form(s) as soon as possiiblle and shalill comply with deadlilnes e3tabHshed by
DIRSITHSSAA. Tirneil Ines for the Enviranyinental Planning and Hiistoric Preservation (EHP) review process will vary based upon the
comp$ex1lty of the project avid the poten0a� for on0roinimentall or historlcal ftnpact, Sigh-reciplent shall include sufficient review
Page 2 =IS
S enhancements involving ground disturbance, new construction, and modifications to buildings, Sub-recipient shall 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, Sub-recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are
discovered, Sub-recipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical
Preservation Office.
required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (110) currently using the FEMA EHP
ing 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 the National Environmental Policy Act, the National Historic Preservation Act
the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental
Justice. Sub-recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances,
See FEMA Information Bulletin 329.
Sub-recipient shall not undertake any 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
&oPSITHSSAAshall not be liable mSub-recipient for any costs incurred by Sub-recipient that are not allowable costs.
B. Notwithstanding any other provision of this Grant, the total ofall payments ond other obligations incurred bynPS/THSSAA under this
GranexoUnotomceedmoToto|Awa'dAmount|iotedonthe8rant Suu+»o|piontwwwrd.
C. Sub-recipient shall contribute the match funds listed on the Grant Sub-recipient Award.
D. Sub-recipient shall refund to DPSITHSSAA any sum of these grant funds that has been determined by DPS/THSSAA to bean
overpayment to Sub-recipient or that DPS/THSSAA 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 with grant funds is specifically permitted by
statute or regulation. Sub-recipient shall make such refund to DPSITHSSAA within thirty (30) days after DPS/THSSAA requests such refund.
E Notwithstanding any other provisions, mepartiesxomm understand and agree that DPS/THSSAA's obligations under this Grant are
contingent upon the receipt of adequate funds to meet DPSf-FHSSAA's liabilities hereunder, except as required by the Homeland Security
Grant Program (HSGP). DPSfTHSSAA shall not be liable to Sub-recipient for costs which exceed the amount specified in this Grant,
fe&formance Period
StAt)-rMpient meaonmve expervoetsau grant funcis reMbUrsernent requests, anma mnvowes^^n trieun,r51xmbmAA
grant rnarvagenient systern by the end of the pemforynmmxe pe,k)d-DPSITHGSAA shall not ba obligated oo reimburse expenses incurred
or submitted after the performance period.
Utij&rm Administrative Re4girements. Cost Principals and Audit Requirements
Except an specifically modified hy|awor this Grant, Sub-recipient shall administer this Grant through compliance with the most recent
version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations,
and the terms and conditions of this Grant, A non-exclusive list io provided below.
A. Administrative Requirements
1. 44CFB Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (the
A-102 Common Rule);
u zCrn Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
Other Non-Profit Organizations (OMB Circular A-11o).
3. 44Cf.R. Part 10. Environmental Considerations
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 Educational Institutions (OMB Circular A- 1)
o. zC.pn. Part 23U. Cost Principles for Non-Profit Organizations (OMB Circular A-122)
4 48C.F,R. Subpart 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.
o. Grant Guidance (Funding Opportunity Announcement)
Sub-recipient agrees that all allocations mndu000f funds under this Grant shall boin accordance with the applicable pY2O12 Funding
Opportunity Announcement and supplemental resources for the HSGP currently available at
and the Nonprofit Security Grant Program (NSGp)
Page `m*
shall comply with the DH60andard Administrative Terms and Conditions that are outlined in Part 6i11—Financial
Assistance Award Standard Terms and Conditions u D*S requires U`nse
standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight mb* applied to all financial
assistance awards. nnp:mww^w.uxs-go,m|i bra ry/aswam/cfo'nonnia|'management-po||cy-menual.puL
Sub-recipient acknowledges and agrees, and shall require any oub'empi*nts.subowardoea. contractors, e"uce000�tnono�movand
assignees toaoxnow|oo Uagmato comply with app|�au|oprowomnogovemingDH3 access tumoondumconu�u.uooumon�.
information, facilities, and staff.
1, Sub-recipient shall cooperate with any compliance review or complaint investigation conducted byDHS.
2 Sub-recipient shall give oHS access to and |h 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 byDHS regulations and other applicable laws or program guidance,
3. complete, and accurate reports to the appropriate DHG officials and maintain appropriate backup
documentation to support the reports.
4. Sub-recipient shall comply with all 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 discrimination on the grounds of race, color, national origin
(including limited English proficiency), sex, age, disability, religion, or familial status, Sub-recipient shall provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office
of Civil Rights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of discrimination of race, color, national origin (including
limited English proficiency), sex, age, disability, religion, or familial status against Sub-recipient, or Sub-recipient settles a case or matter
alleging such discrimination, Sub-recipient shall forward a copy of the complaint and findings to the DHS Component and/or awarding office
The United States has the right to seek judicial enforcement of these obligations.
ration Stoneaaxden/OPSGJ Soecific Cmmditi
Iff Sub-recipient is receNing Operation Stonegardon (OPS(l)) funds, Sub-reciplent is pirohilbfted froin obfigating or expending OPSG
funds PW"DVidedl through this Grant until each unNue, specffic, or imodified county level, t0bal or equivallent Operaflons Order or
Fragmentary Order has been reviewed and approved by otricial notification by FEMA and Custurns and Border ProAelefforilsorder
IPmtrol will be transferred vi the secure portal (CBP8BP)BPETO system from ach respective A0R
Sector wQmC8P/BPHQi Washington, o.C. for review and |hx Operational continuity, we forwarded to FEMA GPD/PGD
OpSG Program Omueforhne|mvow/appmvai Official notification or approval will besent byFemA via email mUPS/THSS/Aand
CeP/opHQmWashington, D.C.
1 Sub-recipient 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, of a campaign plan and proposed budget which will
articulate the intent of how OPSG funds will be used throughout Sub-recipient's grant performance period.
3. |f Sub-recipient intends to spend more than oO percent of its award on overtime over the course of the performance period, orequest
for an overtime waiver shall be submitted through the Integrated Planning Team.
*. Sub-recipient shall develop and submit Operations Orders for Tactical operational periods oo achieve the strategic objectives ofthe
campaign plan.
5- Sub-recipient shall only initiate tactical operations n*e,theppermr0 V Order( s) are approved t»mug»txeBorderPa|m|
Headquarters and by FEMA, and the DPS1THSSAA has issued a Grant Sub-recipient Award or GAN to the jurisdiction.
State Reguirements for Grants
Sub-recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited
to the laws and the regulations promulgated i Texas Government Code, Chapter 783, Uniform Grant and Contract Management, State
Administrative Agency Information Bulletins, available at
staff/saafinformalt 1L Texas Uniform Grants Management Standards (UGMS) at
an
state. tX. US/ffles)Mate-aramtsJ(=.1 d the State Administrative Agency Sub-recipient Manual, available at
: ''i - I . "I',"",',," - � .,A Sub-recipient shall, in addition to the assurances and
certi eations, comply and require each of its su contractors employed in the completion of the project to comply with all applicable statutes,
regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application.
Sub-recipient shall comply with the State of Texas General Appropriations Act, Art, IX, Part 4.aefollows
1. Grant funds may not be expended for a grant to a law enforcement agency regulated by Texas Occupations Code, Chapter
unless the law enforcement agency requesting the grant is in compliance with all rules developed by the Commission on Law Enforcement
Officer Standards and Education or 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 dnoo not apply to mpoN
conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular
candidate o,party.
J. Grant funds may not be expended to a unit of local government unless the following limitations and reporting requirements are
Page ^mm
o. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government
employees;
b. Texas Government Code Sections 556.004, 556.005, and 556.006, including not using any money or vehicle to support the ndid
of any person for positively negatively the loan, o. gift Vo a person or political organization for a political
and not using grant funds to influence the passage or defeat of legislation including not assisting with the funding ofa lobbyist, m
using grant funds to pay dues to an organization with a registered lobbyist;
c Texas Government Code Sections 2115.O1zanuz1131O1}mxuwi ou using Omnt funds to compensate any employee who uses
alcoholic beverages on active duty plus S not use grant funds m purchase on alcoholic beverage and may not pay or
reimburse any travel expense for on alcoholic beverage,
d. Texas General Appropriations Act, Art. IX, Section a.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 Sections 7.0 and rIu and Texas Government Code §2102.00 91, including grant funds may only
uo expended if Sub-recipient timely completes and files its reports.
Restrictions and General Conditions
A. Use of Funds, 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 grants/cooperative agreements, lobbying, or
intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government
or any other government entity.
B. Lobbyinci Prohibited'. No funds shall be expended by Sub-Recipient to pay any person to influence, or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with 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 FEMA.
C. is prohibited from transferring funds between grant programs (such as SHSP, UASI, and OPSG)
without a properly executed GAN.
D Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal
submitted under this Grant. Federal employees may not nmomivo funds under this Grant.
E. Cost Cateaories, rhom may be limitations on the use ornSGP funds for the categories of costs |intou uo|mw, For additional details on
restrictions on the use of funds, refer to the FY 2012 HSGP FOA, Appendix C, Funding Guidelines.
1� Management and Administration
2 Planning
3. Organization
4� Equipment
s. Training
0. Exercises
7. Maintenance and Guota|nment
8. Critical Emergency Supplies
o. Construction and Renovation
F. Governing Board Aporoval. |n cases where local fundi is established byu COG o,an Urban Area Security Initiative (UAS|)
governing board, the release of funds by DPsrrHSSAA is contingent upon funding allocation approval by the governing board.
G required or permitted to be given by either party hereunder shall be deemed sufficiently given
if mailed by registered mail o, certified mai|,omm,eoeip�equootoUor sent uyuvem�xtoouno, such os Federal Express o/ Loan Ste/�
the other ot its respective address, p�,noUoatuDP8/THSSAx' see ouumoomxfo�h»o|mw.For Subroo|| tsomthoaud,ons||m�d
on the Grant Sub-Recipient Award page or Point of Contact address listed for the Sub-recipient in the DPS1THSSAA Grants Management
System (SPARS).
ma» Homeland Security State Admin. Agency
mao Department o/ Public Safety
0. Box 4U8r
istin. TX 78773-0220
H. Points of Contacts, Within oo days ohany shall notify DPS[THSSAA of any change o, correction m the chief
elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system.
Fag�"°m
i its Data Universal Numbering Number is the number listed on this Grant.
The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or
J
lomm,gam.Qg�Ll or other federally established site for contractor registration, and entered upu//HSSAA-re / d information. Sub-recipient
shall keep current, and then review and update the CCR information at least annually. Sub-recipient shall keep information current in the
CCR/SAM 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 shall not make any subaward agreement or contract related to this Grant without first obtaining the venclorlsubawardee's
mandatory DUNS number. See section .210 of OMB Circular A-1 33, Audits of States, Local Governments, and Non-profit Organizations.
K. Indirect Cost Allocation Plan, Sub-recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by Cognizant
Agency to DPSfTHSSAA within 30 calendar days of the approval. "Cognizant agency" means the Federal agency responsible for reviewing
negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 C.F,R. Part 225 on behalf of all Federal
agencies. OMB publishes a listing of cognizant agencies at
Unless the basis of the cost plan changes, Sub-recipient only needs to forward the
annual Indirect Cost Rate approval letter too DN"RS AA within 30 calendar days after approval by the Cognizant Agency. The approved
Indirect Cost Plans and approval letters shall be emailed tot�,��, The Sub-recipient name shall be included in the file
name and subject line of the email transmittal,
L. aC.p.n. 017O.32O; see FEMAInformation Bulletin 350.
1 what ho report: Sub-recipient shaU report whether Sub-recipient ueivod$25 million or more in Federal procurement
contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub-recipient shall 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 shall report, along with Sub-recipient's DUNS number, the names and total compensation (see 17
C.F.R. §229.402(c)(2)) for each of Sub-recipient's five most highly compensated executives for the preceding completed fiscal year.
2. Where and when Sub-recipient
established replacement site. By signing this Grant, Sub-recipient certifies that, if requirecl,luu�`b-�recipient's jurisdiction has already
registered, entered the required information, and shall keep information in the CCR/SAM database current, and update the information at
least annually for each year until the later of when the jurisdiction submits its final f nancial report or receives final payment. Sub-recipient
agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number.
M. Direct Degosit If Sub-recipient not received HSGP reimbursements from oP3/rHSS/A within the past eleven (11 ) months (pnm
m date o,awand).n shall forward e new/updated direct deposit form tnoPS/THSS*A. Completed direct deposit forms from Sub-recipient
shall be ernailed m jurisdiction name and identify
the document attached (i.e. 'Sample County DD form"). The direct deposit form is currently available at
��b+eo�iontmay �mu|tunowve�sign up for the Advance Payment N��om�n
(^rm) email feature which provides Slate of1exas payces with a one-business-day advance notice that a direct deposit payment has been sent mits
financial institution. Afler receiving air APN, a payee may securely access its payment details online._
N, Procurements. Sub-recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited
to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in
accordance with **cp.R.013.36.
[\ Contract Provisions. All contracts executed using funds granted under this Grant shall contain the contract provisions listed under 44
C.F.R. §13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
P. yvbawa,doe using funds granted under 1his
Grant.Suu~,ecipient shall determine whether the vondonsuhewondeeip debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded by any federal department and agency and shall confirm the vendorlsubawardee does not have any active
Exduoiono^Uy reviewing the vondon/submwa,Uoo entity information eL
O . Mananement and Administration. If this Grant includes a specific award of funds to Sub-recipient for management and administratio
(M&A), Sub-recipient shall comply witR all applicable requirements and limitations with respect to M&A. For additional information on M&A,
refer to Information Bulletin 365 located at
hNoYhw*w.fema,uuv/am*armmmmtic,raot/bultmtinslindex.mhb,n#V,
R and
person nel-related activiUen as directed by the Personnel for Intelligence C (PRICE) of
Homeland Security Act (Public Law 11n412) In | use o/namp funding to pay for staff and/or contractor regular time or
ovartime/beokfil|amon other items, are |e|�edoo�s SuU'moipio�mmy�auemtawm|vormtxoo0.�po�onmd
cap by submitting a ' waiver vw�t��vghi�oeu council or�,ban area working group mDpSnHSSAAot
Requests for waivers shall Ue submitted un official Sub-recipient |ottam*edandbamignodUyanauthorizmdofficia|
ofSuh~/onip|om. Waivers shall contain the information required on page Sof the FEMA Information Bulletin 378.
S Property Manaciement and Inventory. At least every two (2) years, Sub-recipient shall take a physical inventory and shall reconcile mo
results with property records. Sub-recipient shall maintain P rope rty/i rive ntory records which, at minimum, shall include description of the
nty , o serial number m other identification number, the or property, who holds title, the acquisition date, the cost n* the property,
the percentage of Federal participation in the cost ofthe property, the location, use and condition of the pr xy and any ultimate
disposition data including the date of disposal and sale price of the property, (See sample inventory record format at
)Sub-recipient shall develop and implement a control system to
prevent loss, damage or theft of property and Sub-recipient shall investigate and document any loss, damage or theft of properly funded
under this Grant
T publications produced result of funding under this Grant, which are submitted hor ub|icoUonin any maga�ne.
journal,
paper, ahaUinclude the �Umwing: "This ma�ria|iu based upon work ovppo�adUy the U.S. Dapa�montofHomeland
Security, The views and conclusions contained in this document are those of the authors and should not be interpreted oanecessarily
representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security."
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U comply
issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in
whole or in part with Federal funds.
V. prior
written approval before using any of these agencies' seal (s), logos, crests or reproductions of flags or likenesses of agency officials.
Funding of this Grant does not equate to endorsement of use of funding agencies' seals, etc., including use of the United States Coast
Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials,
W. Corwright. Sub-recipient shall comply with requirements regarding publications or other exercise of copyright for any work first
produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by
the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any
scientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published in
academic, technical or professional journals, symposia proceedings, or similar works, Sub-recipient grants the Government a royalty-free,
nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to
authorize others to do so, for Government purposes in all such copyrighted works. Sub-recipient shall affix the applicable copyright notices
of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under
this Grant.
Further, Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-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 or sub-award, and (2) any rights of copyright to which a recipient or Sub-recipient purchases ownership with
Federal support. Sub-recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are
purchased with this funding,
X. Quarterly Performance Reports Sub-recipient shall submit performance reports and progress reviews per DPS/THSSAA and/or
FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) day after
the end of each calendar quarter: January 20, April 20, July 20 and October 20, or as otherwise specified or required by
DPS/THSSAA. DPS/THSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information
requests- Failure to timely complete a performance report will result in Sub-recipient being unable to request additional
reimbursements/advances and may affect future funding.
Y. Site Visits DHS and/or DPS/THSSAA, through its authorized representatives, have 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 DHS on the premises of Sub-recipient or a contractor under this Grant, 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.
Z. Limited Enalish Proficiency (Civil Rights Act of 1964, Title VI), Sub-recipient shall comply with the requirements of EO 13166,
Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Sub-recipient shall take
reasonable providing
language assistance services, /nqwo/no mo/ and written translation, mnore necessary. encouraged vo consider the need for
language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For
assistance and information regarding LEP obligations, go1m
AA Protection of Human Subiects, Sub-recipient shall comply with the requirements of the Federal regulations at 45 C.F-R. Part 46, which
requires that Sub-recipients comply with applicable provisions/law for the protection of human subjects for purposes of research.
Sub-recipient shall comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to
implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including
research, development, testing, and evaluation, designed to develop or contribute to general knowledge, Activities that meet this definition
constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research
for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates
(Subpart B), prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law
and is not directly regulated by 45 C.F.R. Part 46.
BB Sub-recipient sx || comply with the requirements of Section 1306 of the National Flood
Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of
a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State
or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63.
CC. USA Patriot Act of 2001. Sub-recipient shall comply with the requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§1 75-175c. Among
other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems of a type or in a quantity that
is not reasonably justified by prophylactic, povna fide �uoo�n/r other peaceful purpose, The *o also establishes restrictions onaoonuo�spoohoumaue,ia|o,^KoeN�adpomono.aodofinedbytheAct.muyootpoomouo.ah|p.trannpon.or,000ivemnyWo|og/cs|
agent or toxin that io listed aou select agent.
DID Sub-recipient shall comply with the requirements of thoPreference for V.G. Flag Air Carriers: Travel
supported by U.S. government funds requirement, which
certificates under 49 U.S.C. §41102) for international air transportation of people and property tothoextent\ho^nuohuorviooioavai|ab|o in
accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118) and Comptroller General's
guidelines.
E Activities Conducted Abroad. Sub-recipient shall comply with the requirements that project activities carried on outside the United
States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
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FF. Traffickina Victims Protection Act of 20M All recipients of financial assistance shall comply with the requirements of the
government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22
U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register,
Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is
provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency
to terminate the award, without penalty, if the recipient or a sub-recipient: (a) engages in severe forms of trafficking in persons during the
period of time that the award is in effect; (b) procures a commercial sex act during the period of time that the award is in effect, or (c) uses
forced labor in the performance of the award or subawards under the award.
DPS/TH8SAAis authorized Voterminate this award, without penalty, if the above condition is violated. Sub-recipient shaUinclude this
condition in any oubewandoorcontracts itmakesaoamoukofthiaGnant.FuUtextofthoawandtennispmvidedm2CF�R.8175.15.
us comply with the requirements of Titles \U. and III nf the Americans with
Disabilities prohibits recipients from discriminating nn the basis v[ disability inthe operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities. 42U.St.0012101-12213.
HH shall notify DPG7US8AAof any workshops, conferences, seminars
other public venues at least one hundred (1OO ) calendar days before presenting any potentially sensitive information regarding this project.
No sensitive information may be presented bySub'mdpiontn' personnel without DPS/THSS&A and the DH8 Grants Officer's review and
prior written approval.
| Security Sub-recipient shall inform the THSSAAo Deputy Assistant Director in writing within calendar days
m Sub-recipient ueinqmaueawaeor any security concerns with individuals having access to government facilities or sensitive information.
|n the event that sensitive information is divulged in violation of Sub-recipient's security procedures, Sub-recipient shall immediately notify
the DPSITHSSAA Deputy Assistant Director and take appropriate law enforcement and legal action,
J1 Classified Secu ity Condition
1. No funding under this award shall b* used msupport a contract, sub-award, or other agreement for goods or services that will include
access ho classified national security information if the award recipient has not been approved for that access to such information,
Z "Classified national security information" as defined in Executive Order (EO)12950 as amended, means i�onna�on�auhas been
determined nth/ED12958or any pmdecaaooro�o,h/equimpm��mnaga��un�tho��� disclosure and is marked toindicate
its classified status when in documentary form.
3. Where an award
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
4 Such contracts, oub-awerdomother agreements ahaU be processed and administered in accordance with the DHO"Standard
eration Procedures, Classified Contracting by States and Local Enbbes^ dated July r�2OO8:EU'a12O28' 12959, 12968,
�e N�io"a|�duatr}a|5oou�vProgram Ope �ng Monuai<N|SPOM>; a�/or other appi;ub|e)mp|emendndi,em��ori�otmctinn.All
security requirement documents are currently located at:
hmv d6uL^v/xoo^bizixs"^t s/im'ex,obup.
5. Immediately 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: 202A47-5346, Email: DD254AdministrativeSecujjidhs.gov, Mail:
Department of Homeland Security, Office of the Chief Security Officer, ATTN: ASID/Industrial Security Program Branch, Washington, DC. 20528
Other Requirements
A. During the performance period of this Grant, S and Indian tribes shall maintain an Emergency
Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency
Management JDEM), This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an
interjurisdictional emer ency management pro ram that meets the required standards. If TIDEM identifies deficiencies in Sub-recipient's
plan, Sub-recipient I?correct deficiencies wit9in 60 days of receiving notice of such deficiencies from TDEM.
B. Projects identified and ap d in the DPS/THSSxA web-based grant management system must id nthfyandm|auamthegoa|mand
objectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub-recipient shall submit
project plans, milestones, ou/punaootcomew. narratives and budget ur^'/H^^ax and FEMA (if required) for approval prior to expending
or requesting advances of any funds for this Grant. Sub-recipient shall opSITnssxA
web-based grants management system within Re ru or by the deadline established uyopsnHssaA. whichever issooner.
Sub-recipient shall report on project status and accomplishments (milestones and outputs/outcomes) in the format(s) and timeframes as
required uyopSfTHS8AA_
C. During the performance period o/ this Grant, Sub-recipient shall:
1 Participate in a legally-adopted county andlor regional mutual aid agreement.
2. Implement the National Incid nt Management 8 te (NIMS) in a manner consistent with the N|MS Implementation Objectives
outlined byFBWAod
J. Boa registered user of the Texas Regional Response Network (Tnnm) (or other r s asset inventory management oystem
specified uyoPS/THGSAA) and shall identify, resource type, and credential all major deployable resources such a» vehicles and trailers,
equipment costing $5OOOnr 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.
Page oOF.o
D, Regional Planning Comm issions/Council of Governments (COGs) shall follow guidelines listed in the DPS/THSSAA FY2012 COG
Statement n^Work.
Monitoring
Sub-recipient will b* monitored periodically federal, state or local entities, both programmatically and financially, m ensure that project
gools, objectives, performance requirements, Ume|ines, milestone completion, budget, and other program-related criteria are met.
oPSnH33AA.ur its authorized representative, esemeothoright to perform periodic uoomomoo'uaoau and/or on-site monitoring of
3uumoipionye compliance wnxtNaGmn,andofthoadequacy and timeliness of Sub-recipient's pedn pursuant m this Grant. After
each monitoring visit, upx//*ouxA shall provide Sub-recipient with a written report cxthe monitor's findings. If the honnq report nNen
deficiencies mSub-recipient's performance under this Grant, the monitoring report shall include requirements m the timely correction of
such deficiencies bySub-rocipient. Failure by Sub—recipient to take action specified i the monitoring report may be cause for suspension
or termination of this Grant pursuant to the Suspension and/or Termination Section herein.
AHJ&
Audit of Federal and State Funds. Sub-recipient shall arrange for the performance ofmn annual financ|a|and compliance audit offunds
received and performances rendered under this Grant as required by the Single Audit Act (OMB Circular A — 133; 44 c.F�R. 13.20).
Sub-recipient shall comply, ao applicable, wimTexaoSmvommentCode Chapter 783, the Uniform Grant Management Standards (U0Mn)
'
the @a�Uniform Adminia�oUve���mm*n��/G�n�and Coope��voAgmeme�ts.
Riaht to Audit Sub-recipient shall give the United States Department of Homeland Security (DMS). the Comptroller General of the United
States, the Texas State Auditor, oPST*SSxxor any v{ their duly a"txn�zeuw �Vvnoarro,vmongthe�ghtturond"rtafinan�a|
or compliance audit o�ram�ndneco|wedan�panbxnan�menue�g under ���Grant, Sub-recipient oxa|l permit DPS/THSSAAorits
authorized representative to audit Sub-recipient's records. Sub-recipient shall provide any documents, materials or information necessary to
facilitate such audit.
Sub-recioient's Liability for Disallowed Costs. Sub-recipient understands and agrees that it shall boliable toDPS/THSSAA for any costs
disallowed pursuant m any financial or compliance audiKm)of these funds. Sub-recipient further understands and agrees that
reimbursement to DPS/THSSAA of such disallowed costs shall be paid by Sub-recipient from funds that were not provided or otherwise
made available t* Sub-recipient pursuant to this Grant or any other federal contract.
Sub-recipient's Facilitation of Audit. Sub-recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to
this Section as DPS/THSSAA may require of Sub-recipient. Sub-recipient shall ensure that this clause concerning the authority to audit
funds received indirectly by subcontractors through Sub-recipient and the requirement to cooperate is included in any subcontract it awards.
State Auditor's Clause Sub-recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the
State Auditor's Office to conduct an audit or investigation in connection with those funds. Sub-recipient further agrees to cooperate fully
with the State Auditors Office in the conduct of the audit or investigation, including providing all records requested. Sub-recipient shall
ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State
Auditor's Office is included in any subgrants; or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access
to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub-recipient
relating to this Grant.
Retention and ACCesSibility of Records
Retention of Records Sub-recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds
pursuant to the applicable OMB Circular, 44 CFR Section 13,42, UGMS §_.42, and this Grant. 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 three (3) years after any real estate
or equipment final disposition. The DHS or DPSFFHSSAA may direct 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 Sub-recipient shall give the United States Homeland Security, the Comptroller General of the U ited
States, the Texas State Auditor, DPSITHSSAA, or any of its 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 SLib-recipient pertaining to this Grant including
records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by
Sub-recipient. Sub-recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records
consistent with the Texas Public Information Act, Texas Government Code, Chapter 552.
Inclusion in Subcontracts, Sub-recipient shall include the substance of the Retention of Records and Access to Records section herein in all
After Action Renorting Sub-recipient shall complete, deliver to the appropriate source, and retain copies of all after-action reports and
certificates of completion for all training and exercises paid for by this grant.
Legal AuthgLLty
Signatory Authority. Sub-recipient assures and guarantees the legal authority m enter into this Grant, receive
grant funds and to perform the project Sub-recipient has obligated itself to perform pursuant to this Grant.
Authorized Reoresentative The person or persons signing and executing this Grant i behalf do warrant and guarantee
that he/she has been duly authorized by Sub-recipient this Grant on8ub'mdpi*m's behalf and oo validly and legally bind
Sub-recipient m all terms and conditions and performance obligations.
Conflicts in Reauirements. If conflict exists between federal, state, or local requirements, Sub-recipient shall comply with the strictest
Page ,°IS
ice of Litiaatim an
Sub-recipient shall give DPSITHSSAA immediate notice in writing of any action or claim, including any proceeding before an administrative
agency, filed against Sub-recipient arising out of performance of this Grant. Except as otherwise directed by DPSITHSSAA, Sub-recipient
shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub-recipient with respect to such action or
No Liability for Emplones and Officers
DP3rRHGSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub-recipient,
regardless of where the individual's actions nr omissions occurred.
Non-Waiver of Defaults
Any failure ofopS/TnGSAA.at any time, m enforce or require the strict keeping and performance of any provision f this Grant shall not
constitute a waiver nfsuch vision and shall not uAedor impair same or�e�ghtofDP8r HGGAAotanydmo�avai|i�oKofoumm A
waiver does not become ���i,eu�000DPGKHSS/vemp�oo|yagmen� such waiver inwrihn� Any payment byDP0THG8AAsh�|
not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA tn enforce its
rights, as such rights, powers, privileges, and remedies are specifically preserved.
Changes and Amendments
psMxuroPS/TnS3AA may modify this Grant after mn award has been made. Once notification has been made inwriting,
any subsequent request for funds indicates Sub-recipient's acceptance of the changes to the award. Any alteration, addition, or deletion tn
this Grant by Sub-recipient m not valid.
Written Amendment . Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shall
ue made through an executed Grant Adjustment Notice (Gxw).
Authority to Amend ' ngmapormoorpodormanuo�r this Gmnt.op3/THSSAx and/or FEMA may issue pNiuydireohvonthat oometo
eo�bnoh.mverpn�orclarify this Grant's performance "equ|nemenm.SvchpoUuydimohvmooha||Uo promulgated byDPSnn334AorpEMA
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 asif written in this Grant.
Effect of Chanaes in Federal and State Laws. 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 DPS1THSSAA 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-recipient shall be
notified of the changes in writing, Once notification has been made, any subsequent request for funds will indicate Sub-recipient's
acceptance of the changes to this Grant,
Headings
Headings 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.
Venue
Venue shall lie inTravis County, Texas, and this Grant iv governed Uy the laws ofthe State nrTexas.
Suspension
In the event Sub-recipient fails m comply with any term cxthis grant DP�THSS/w` written notification to Sub-recipient, suspend
this Gmn(inwhmenrinpv�.wimho|dpaymnm,mSub-ecipienta�upmm�tSub-re�^���omiocu�ingaudxivnm|ob|�aUonx�this
Grant's funds.
Termination
DPS/THGOAA shall h the right to terminate this Grant, in whole orin part, ax any time before the end uf the Performance Period, if
DPSrTHSSAA determines that Sub-recipient has failed to comply with any term of this Grant. DP8/TH8G/V\ shall provide written notice of
the termination and include:
1. The ^aason$> for such termination:
2 The effective date o[ 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 o[ Homeland Security, Texas Department nf Public Safety
If Sub-recipient fails m comply with any term of this Grant, whether stated in a federal or state statute m regulation, an
assurance, in state plan or application, a notice of award, or elsewhere, DPS/THSSAA or DHS may take one or more of the following
actions, ao appropriate /n the circumstances:
I Temporarily withhold cash payments pending correction of the deficiency by Sub-recipient or more severe enforcement action by
opS/TH8SAAoro*S;
2. Disallow, that is, deny both use o/ funds and matching credit for, all or part n, the cost cx the activity or action not mcompliance,
Page,.^mm
l Wholly or partially suspend v, terminate this Grant for Sub-roopient'sprogram;
4. Withhold further awards for the pm0rpm�or
z. Take other remedies that may uo legally available,
In taking on enforcement action, oPS/TH3SAA will provide Sub-recipient on opportunity for aheonng appeal, or other administrative
proceeding to which Sub-recipient is entitled under any statute or regulation applicable m the action involved,
The costs o, Sub-recipient movKi from obligations incurred by Sub-recipient during a suspension or after termination of this Grant are not
allowable unless orS/TnooxAornoo expressly authorizes them in the notice of suspension termination orsubsequently. 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 |n anticipation ofit, and in the case ofm termination. are non-oenre||oNo�and
2 The costs would be allowable if this Grant were not suspended nr expired normally nt the end of the funding period |nwhich the
termination takes effects.
The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub-recipient from being subject
m "Debarment and Suspension" under E.o. 1254e. 44C,F-R.013.35
No employee, nffirwror agent or Sub-recipient shall participate in the selection, o,|n the award or administration ofa contract supported uy
Federal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety.
Closing Qtlhe Grant
X Dp8/THSSAA will close a sub-award after receiving Suu'mcip|onrufinal quarterly performance report indicating that all approved work
has been completed and all funds have been disbursed, completing a review to confirm the accuracy nf the reported information, and
reconciling actual costs to award modifications and payments. |f the close out review and reconciliation indicates that Sub-recipient |sowed
additional funds, DPSITHSSAA will send the final payment automatically to Sub-recipient. If Sub-recipient did not use all the funds received,
nPS/THS8A^ will issue a Grant Adjustment Notice (6Am) m recover the unused funds. Sub-recipient will return the funds tothe
DPS/THSSAA within 5O days o[ receiving the GAw
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 does not affect-
1 . DHS or DPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review;
2. Sub-recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions;
3. Records retention requin,ments, property management requimmonts, and audit reoui"emonts, as set forth herein; and
4. Any other provisions of this Grant that impose continuing obligations on Sub-recipient 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 bwsigning below that you have read,
understood, and agree to the terms of this Grant.
Print Name of Authorized Official
Title
Sub-recipient Organization
Signature of Authorized Official Date
Page "OFm
EXHIBIT A
ASSURANCES - NON- CONSTRUCTION PROGRAMS See Standard Form 4248
As the duly authorized representative of Sub- recipient, 1 certify that Sub - recipient:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds
sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in
this agreement.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if
appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents
related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency
directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards for merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685 -1686 and 44 C.F.R. Part 19), 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.G. § §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, (j) the
requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and 7324 -7328) which limit the political activities of
employees whose principal employment activities are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C.
§276c and 18 U.S.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 as amended by 42 U.S.C. 4311 et seq. and Executive
Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection
against natural disasters. To comply with NEPA for DHS grant - supported activities, DHS -FEMA requires the environmental aspects to be
reviewed and evaluated before final action on the application (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) comply with the Clean Air Act of 1977, (42 U.S.C. § §7401 et seq. and Executive Order 11738) providing for the protection of
and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the
chemical, physical, and biological integrity of the nation's waters; (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 sec.).
14. Will comply with P.L. 93 -348, 45 C.F.R. 46, and DHS Management Directive 026 -044 (Directive) regarding the protection of human
subjects involved in research, development, and related activities supported by this award. "Research" "means a systematic investigation,
including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for
additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children
(Subpart D). See also state and local law for research using autopsy materials.
vane 12 or io
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L, 89 -544, as amended, 7 U.S.C. § §2131 et seq.) which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the
public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and
Use of Animals .
16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead -based
paint in construction or rehabilitation of residence structures,
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996
and OMB Circular No. A -133, "Audits of States, Local Governments, and Non - Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies
governing this program.
Please fill in the appropriate information and sign to certify this Exhibit A.
Print Name of Authorized Official
Title
Sub - recipient Organization
Signature of Authorized Official Date
Page 13 OF 18
EXHIBIT B
ASSURANCES ' CONSTRUCTION PROGRAMS See Standard Form 424D
An the duly authorized representative nfSub+ncipient.|certify that Sub-recipient:
1 Has the legal authority mapply 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
2. Will give Um Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if
appropriate, the right m examine all records, books, papers, or documents related to the assistance; and will establish opmper
accounting system in accordance with generally accepted accounting standards or agency directives,
% 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 or the project
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 au the construction site to ensure that the complete work
conforms with the approved plans andspecinoat|onoandwiUfumiehpmgreamivenaponaandouchutherinformahonaomavbomquiredUv
the assistance awarding agency or State.
U. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
r, 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 of &C� §§4728-4763) relating to prescribed standards of merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration <ocpn900. Subpart r>
9. VNU Poisoning Prevention Act <12U£C.§b48n1mooq.> which prohibits the use of lead-based pain
in construction mrehabilitation 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
of1964(PL88-352 which prohibits discrimination on the basis of race, color or national origin, Title IX of the Education
of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 C.F.R. Part 19), 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 (P1. 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 �f 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.
n Will comply, or has | og complied, with the i ts of Titles U and III o( the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L 91-646) which provide for fair and equitable treatment oY persons displaced or whose is
acquired as a result of Federal and federal ly-assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation inpurchases.
12. Will comply with the provisions of the Hatch Act (5U.3.S.y§15O1'15O0 and 7324-7328) which limit the political activities nfemployees
whose principal employment activities are funded in whole or in part with Federal funds.
13 Will comply, en applicable, wimmepmvsionsof the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), Copeland Act (4DU£C.
§z78o and 1VU.x Work Hours and Safety Standards Act (4OU.S.C.hUoz7osa regarding labor standards for
federal yaauistod construction oub'agmemants.
14. Will comply with flood insurance purchase requirements of3ection102(a)of the Flood Disaster Protection Act of1g73(Pl.g3-234)
wmux requires recipients in a special O od hazard area to participate in the program and to purchase flood insurance if the kda| cost of
insurable construction and acquisition |o$10.000prmore,
15 Will comply with environmental standards whichmmyuoprexoduoU pursuant mthefo||m*ing: institution or environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive
Order (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection
against natural disasters; (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.&C. §§1451 et seq.); (f) comply with the Clean
Air Act of 1977, (42 U.S.C. §§7401 et sec. and Executive Order 11738) providing for the protection of and enhancement of the quality of
the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological
integrity of the nation's waters-A) 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 wnhthexW|uonu3nen|onivemxmnf1g88<lou.S.C.Oh1or1^aseqlve|atedmpmtectin800mpononwvrpmwntia|
components m the national wild and scenic rivers system.
Pag�"OFw
17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq),
18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996
and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies
governing this program.
Please fill in the appropriate information and sign to certify this Exhibit B, if applicable.
Print Name of Authorized Official
Title
Sub-recipient Organization
Signature of Authorized Official Date
Page 15 OF 16
Exhibit C
Certifications
The undersigned, mo the authorized official, certifies the following to the best of his/her knowledge and belief.
A. No Federal 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, or modification of any
Federal contract, grant, loan, or cooperative agreement.
B If any funds other than Federal appropriated funds have been paid ov 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 tN |ficatiprohibiting lobbying
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 Part 67, for rticipamu
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 doborred, suspended, proposed fo debarment, declared in |i ib| e, sentenced to a denial f Federal benefits bye State or
Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub-recipients can access
debarment information br going to4WO j0gXorAuWu§&1La2y and the State Debarred Vendor List
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. ThmS funds that have been
appropriated for the same purpose. Sub-recipient may bm required m supply documentation ovrbfying that o reduction mnon-federal
resources occurred for reasons other than the receipt or expected receipt of federal funds.
F. Sub-recipient must comply with Part 180, Subpart Caoa condition of receiving grant funds, and sub-recipient must require
such compliance in any sub-grants o, contract au the next tier.
G Drug-free Workplace Act as amended, 41 U8C 0701 et seq. — Requires the recipient to publish b its drug—free
workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be
involved in award-supported activities at any site where these activities will be carried out. Also, place(s) where work is being performed
under the award (i.e., street address, city, state, and zip code) must be maintained on file. The recipient must notify the Grants Officer of
any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F,R. Part
17. Sub-recipient shall comply with the requirements of the Drug-Free Workplace Act of1888. which requires that all organizations
receiving grants from any Federal agency agree to maintain a drug-free workplace.
H. Sub-recipient agrees that nio not delinquent oo 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.
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 to certify this Exhibit C.
Print Name of Authorized Official
Title
Sub-recipient Organization
Signature of Authorized Official Date
Page *OFm
EXHIBIT D
State of Texas Assurances
As the duly authorized representative ofSub-mcipien,.|certify that Sub-recipient
1 Shall
governing body or of the Sub-recipient'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. Shall insure that all information collected, assembled, or maintained by the Sub-recipient will be available mthe
public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law
s Shall regular, special, or called meeh of governmental
bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section z31.005 Texas Family Code, which prohibits payments hna person who isin arrears on child support
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub-recipient is
a health, human services, public safety, or law enforcement agency and the license, permit, m certificate has been revoked tpanother
health and human services agency o, public safety or law enforcement agency.
0 Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant m
Chapter Texas Occupations shall provide the grantor agency with a certification from the Texas Commission onLaw
Enforcement Officer Standards and Education that the agency ioin the process of achieving compliance with such rules if the Sub-recipient
is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application
package become terms or conditions for receipt n grant funds. Administering state agencies and sub-recipients shall maintain an
appropriate contract administration system uomsurethoueUoonno.00nU0onm.andupeoifioohonyammot. (See UOMS Section —.a0for
additional guidance on contract pmwoionn).
8. Shall 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 hm the Texas Department of Child Protective and Regulatory Services. Sub-recipient shall also ensure that all
program personnel are properly trained and aware of this requirement.
9 Shall comply ith all federal statutes relating to discri iab These include but are not limited ho(a[TN N of 1h Civil Rights
Act of 1964 (P1. 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 including Titles 1, 11, and III of the Americans with Disability Act which prohibits recipients from
discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities, 44 U.S.C, §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C.
§§61 Dl-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 Vill of the Civil Rights Act of 1968 (42 U,S,C §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental, or financing of housing; (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 this Grant.
18 Shall comply, aa applicable, with the provisions nf the Davis-Bacon Act U.S.C. y5276a to 2 the Copeland Act (40 U.S.C.
§27oc and 18V.SC h874 and the Contract Work Hours and Safety Standards Act (4OU-S,C. §§32r-33a). regarding labor standards for
federally assisted construction eubo0eomonts.
11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L
91'646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation /npurchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5U.8.C. §§7321-29), which limit the political activity of employees
whose principal employment activities are funded in whole o/inpart with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the
Intergovernmental Personnel Act of19/O.uoapplicable.
14 Shall insure that the facilities under its ownership, lease, u, supervision which shall Ue utilized i the onnm |io»montof*mpn4*ctmm
not listed on the Environmental Pmtech list n1 Violating Facilities and that hwill notify the Federal grantor agency u[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 (E011738).
15 Shall comply with the flood insurance pvoha,o requirements ofSeoon102$0oftheFloodDisasterPmtec|nnActof1973 Public Law
Vo-oa4. Section 1Oz(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the
receipt any Federal financial assistance for construction mn acquisition proposed foruooinanyaroothathasbeenidenbfiedbythe
Secretary of the Department of Housing and Urban Development as an area having special flood hazards,
Page om.o
16. Shall 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. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.>
18. Shall 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.).
19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C, §§2131 et seq.) which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use of Animals.
20. Shall 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. Shall comply with the Pro-Children Act of 1994 (Public Law 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 laws and are solely responsible for filing all required state and federal 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 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 have Exclusions listed at
J1"DsJ/www1.=11, V DO
25. Shall adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as
required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
Please fill in the appropriate information and sign to certify this Exhibit D.
Print Name of Authorized Official
Title
Sub-recipient Organization
Signature of Authorized Official
Page 18 OF 18
Texas Department of Public Safety
2012 Sub-Recipient Award
for
City of Fort Worth
1. General Award Information I Referencelgriciumbranee No:
Date of Award: October 2, 2012 Prepared By: Gabbart, Steven 13. SAA Award Number* 12-SR 27000-01
Mayor Betsy Price
City of Fort Worth
1000 Throckmorton
Fort Worth, TX 76102-6311
UASI
$2,151,709.85
Federal Grant Title: Homeland Security Grant Program (HSGP)
Urban Area Security Initiative (UASI)
Federal Grant Award Number: EMW-2012-SS-00018-SO1
Federal Granting Agency: Department of Homeland Security FEMA
Grant Programs Directorate
Date Federal Grant Awarded to TxDPS: September 6, 2012
CFDA: 97.008
Grant Period:
From:
To:
Sep 1, 2012
May 31, 2014
(The SAA rntM re!ceiiw�e a0 pinvokes by the end of giant pev dod)
7. Statutory Authority for Grant: 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 (Public Law 110-53).
S. 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 have active Exclusions listed at https://vvww.sam.gov/portal/public/SAM/
10, Agency Approvals
Approving TxDPS Official: Signature of TxDPS Official:
Machelle Pharr
Deputy Assistant Director
Texas Homeland Security State Administrative Agency
Texas Department of Public Safety
11. Sub-Itedpileint Acceptance
I have read, understood and agree to this Stib-Reicljplent Agreement comOsting of this Award and the attached 'rernis and
Conditions,
Print name and title of Authorized Sub-Recipient Official: I Signature of Sub-Recipient Official:
Enter Employer Identification Number (EIN) or DUNS Number:
Federal Tax Identification Number: I
Date Signed ;
DUE DATE- Novernbor 15, 20,12 Signet d Award with lernis and Candftions must be retuvrwd to SAA_SRA@dps.texas.qev on or before the
due datew
2012TERMS AND CONDITIONS
The Sub-recipient shall:
/. Fill in the information and sign the Sub-Recipient Award;
z Certify they have read and understand these Terms and Conditions;
o. Certify m the statements provided mExhibits A.E\C and o located mt the back of this document hyfilling in contact
information and signing ail exhibits, and
4. Return all documents via email to SAA.,,,SRA@dps,texas.gov on or before the date provided in the transmittal letter andlhr
in this grant.
ient Aareemen
This Grant Sub-recipient
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" or
"Sub-grantee." Furthermore, DPSfTHSSAA and the Sub-recipient are collectively hereinafter referred to as the "Parties." This Grant
Sub-recipient Agreement (SRA), or otherwise referred to herein as "this Grant' or "this Agreement", is only an offer until Sub-recipient
returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub-recipient Award.
The FY2012 Homeland Soo G of Presidential Po|
8) by supporting the development and sustainment — core '--''----l' National --- Goal (NPG'.
H5GP funding shall be used for costs related oo the planning, organization, equipment, troiming.am dexercise i exercise needs that prevent, protect
m0m|nat, mitigate, respond to, and recover from acts uf terrorism and other catastrophic events.
Sub-recipient may not assign or transfer any interest in this Grant without the express, prior written consent nfDpSnH3SAA.|,
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 or this Grant.
The pY2O12 Nonprofit So | Grant P (NBGp ) funding plays important role i h implementation of Presidential Policy
Directive 8 (PPD-8) by supporting the development and sustainment of core capabilities to fulfill the NGP. NSGP provides funding for target
hardening and other physical security enhancements and activities to nonprofit organizations 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 nonprofit preparedness activities with broader State and local
preparedness efforts.
The "Sprovided by DPSrTHSSAA mm States
Department n, Homeland Security (DHS) Federal Emergency Management Agency (rsMx) grant programs (also referred u/ herein as
oH5xFEMA) The term ^Sou-nscip|enrs funds" ormatch funds nm used in this Grant means funds provided uy the 3vb-renipimnt.
Overview and Performance Standards
AS8mi0smaxions and use oy funds under «hlis Grarit sma0be imaccerdwmoeoiWmthe FY 2012 Funding Opportunity Announcement
(FOA) for the Federal Grant Title spacMmd oxrthis Grant, and such FY 2012 FOA is incorporated by reference herein, Sub-recipient
shall read, understand and accept the FY2O12 Funding Opportunity Announcement aobinding,
Standard of Performance Sub-recipient shall perform all activities and projects entered into the DPSfTHSSAA web-based grants
management system which are approved hropSnHSSxA. Any change toa project shall receive prior written approval by the appropriate
local, regional and state-level grant administrator(s). Sub-recipient shall perform all activities in accordance with all terms, provisions and
requirements set forth in this Grant, including but not limited to the following Exhibits:
1 Assurances – Non-Construction Programs, hereinafter referred mms "Exhibit A^
2. Assurances – Construction Programs, hereinafter referred maa"Exhibit B^
1 Certifications, hereinafter referred toas "Exhibit C^
*. State of Texas Assurances, hereinafter referred tnav "Exhibit D^
Failure to Perform In the event Sub-recipient fails to implement he red and approved i the DPO/THS8AAweb-based
grants management system, or comply with any provision of this Grant, Sub-recipient shall be liable to DPSITHSSAA for an amount not to
exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any
other grant program funds administered by DPS until repayment to DPSfTHSSAA is made and any other compliance or audit finding is
satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future
funding in additional DHS/FEMA and/or other grant programs administered by DPS.
Environmental Review
Sub-rechplent shall assess 4s federally funded pr0jQCtS fOl* p0tefWUMI inipact to enAroninental resources and histode propeilles.
Sub
, -rec�pfent shall submit any required screening forryt(s) as soon cis possilb�o and shMl comply with deadfinse astablishied by
DPS/'FHSSAA. Thnelines for the Envhonmental PlanMriq and Historic Preservation (EliiP) rov�ew procesis wM vary based uport the
complexity ofthie project and the poteintW for env�irovryieintal or historkW impact, Sub-rec4)font shatt include sufficlent review
thvio wKirin its projeci management plan to cornp�y with EHP requirern wits,, )�gffiqjg Q
Page zOFm
Sub-recipient, as soon as possible upon receiving its grant award, shall provide information to DPS/THSSAA to assist with the
le,a"'-required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP
Screeriinq Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA for
review. T�ese EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act
the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental
Justice- Sub-recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances.
See FEMA Information Bulletin 329.
Sub-recipient shall not undertake any 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. Sub-recipient shall 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, Sub-recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are
discovered, Sub-recipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical
Preservation Office.
Funding ObUgations
A. DP8/TH3SAA shall not bm liable bnSub-recipient for any costs incurred by Sub-recipient that are not allowable costs.
B. Notwithstanding any other isi nofmis Grant, the total of all payments and other obligations incurred by DPS/THSSAA under this
Grant shall not exceed the Total Award Amount listed on the Grant Sub-recipient Award.
C. Sub-recipient shall contribute the match funds listed on the Grant Sub-recipient Award
D Sub-recipient shall mfu umDPS8HSS*m any sum of these grant funds that has been determined byDPS/THSSAAmmaan
overpayment mSub-recipient or that oPSITHsSAA determines has not been spent by Sub-recipient Grant. No
refund payment(s) shall be made from local, state or federal grant funds unless repayment with grant funds is specifically permitted by
statute urregulation. Sub-recipient shall make such refund to DPSITHSSAA within thirty (30) days after DPS/THSSAA requests such refund
E Notwithstanding any other provisions, the Parties homNundorsm d and agree that DPSITH$SAA's obligations under this Grant are
contingent upon the receipt of adequate funds to meet DPS/THSS/*\s liabilities hereunder, except as required by the Homeland Security
Grant Program (HSGP). DPS/THSSAA shall not be liable to Sub-recipient for costs which exceed the amount specified in this Grant.
Performance Period
pmwmblirsernemm requests, and any invoices, mmt110mPWmV155AA
grant nianagernerit system by thie end ufthe peidiammm�oe pedwd.DPS/THO8AA shall not be obligated to reimburse expenses incurred
or submitted after the performance period.
Except uoapooifioally modifimdby law or this Grant, Sub-recipient shall administer this Grant through compliance with the most recent
version of all applicable laws and regulations, including but not limited toDHO program legislation, Federal awarding agency regulations,
and the terms and conditions nf this Grant. A non-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 (the
A-1nz Common Ru|e);
2. 2C.FR. Part 215. Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and
Other Non-Profit Organizations (OMB Circular A-11O)�
3. 44CF.n. Part 18. Environmental Considerations
B. Cost Principles
1. 2C.F,R. Part 225. Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-o7)
2. 2C.F,R. Part 220' Cost Principles for Educational Institutions (OMB Circular A-21)
3. 2 C.F.R, Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122)
4. 48C.Fa. Subpart 31.2. Federal Acquisition Regulations (FAR).Contracts with Commercial Organizations
C. Audit Requirements
OMB Circular /-1 33 Audits vfStates, Local Governments and Non-Profit Organizations.
D. Grant Guidance (Funding Opportunity Announcement)
Sub-recipient agrees that all alloc uonn and use nffundsunuo,tmnGrantpha||uoinoono,uanuawiNNaapp|icab|aFY2O12Funding
Opportunity Announcement and supplemental resources for the HmGp currently available at
and the Nonprofit Security Grant Program (NSGP).
Page ^m*
Sub-recipient oHSStamard Administrative Terms and Conditions that are outlined in Part 6.1]—Financial
Assistance Award Standard Terms and Conditions herein. DH8 requires those
standard terms and conditions which are approved by the Division mf Financial Assistance and Oversight voUo applied hu all financial
assistance awards. H8p:6/w"mw.dx000wh|ibn,ry/aoo*w/cfo-finanda|+nanaOamant-po|icy+nanua|.pdt
Sub-recipient acknowledges and agrees, and shall require any sub-recipients, subawardees, contractors, successors, transferees, and
assignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents,
information, facilities, and staff.
1. Sub-recipient shall cooperate with any compliance review or complaint investigation conducted UyoH3
2. Sub-recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of
information related m this grant and permit access to facilities, personnel, and other individuals and information as may bo necessary, as
required byDHS regulations and other applicable laws or program guidance.
o Sub-recipient shall submit Mmo|y.onmp|ete.anuuoou,otemponsmmoappmpriateDHSnffioiobunuma|ma|nappmpr|atauuc*up
documentation to support the reports.
4. Sub-recipient hall comply with all other special reporting, data collection, and evaluation mquimmomo. an prescribed by law or
detailed in program guidance.
5. If, during the past three (3) years, Sub-recipient has been accused of discrimination on the grounds of race, color, national origin
(including limited English proficiency), sex, age. disability, religion, or familial status, Sub-recipient shall provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office
of Civil Rights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of discrimination
limited English proficiency), sex, age, disability, religion, or familial status against Sub-recipient, or Sub-recipient settles a case or matter
alleging such discrimination, Sub-recipient shall forward - copy .— the complaint _and findings _ the __ Component _and/or awarding _office
The United States has the right to seek judicial enforcement nf these obligations.
Operation Stonegarden (QPSQ) Specific Conditions
If Sub-recipient i 0�SG 0m S brm� obligating s Grant untfl each'uniique, specifl4,:, or moJffied county level, tribal oir equ�vaiiirst Operabons, Order or
funds provided through thi I Fragmentary Order has been reviewed and ap1woved by oflicial notification by FEMA and Custorns and Border Protection/Bordier
Patrol (CBPIBP), Each Operations Order will betransferred via the secure portal (C8P/BP) BIDETS system from each respective AOR
Sector HQ to CBP/BP HQ in Washington, D.C., for review and pre-approval for Operational continuity, then forwarded to FEMA GPD/PGD
OPO8 Program Offine/or8na|reviawYapprova| Official notification of approval will be sent by FEMA via email to DPS/THSSAA and
Cep/np HO in Washington, D.C.
1. Sub-recipient 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 OPSG funds will be used throughout Sub-recipient's grant performance period.
3-K intends to spend more than 50 percent of its award on overtime over the course of the performance period, arequest
for nn 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.
5. Sub-recipient shall only initiate tactical operations after the specific O h Order(s) a approved through thosonderPatm|
Headquarters and by FEMA, and the DPS/[M8SAA has issued a Grant Sub-recipient Award or GAN to the jurisdiction.
State Requirements for Grants
Sub-recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited
to the laws and the regulations promulgated in Texas Government Code, Chapter 783 Uniform Grant and Contract MmneQomom State
Administrative Agency Information Bulletins, available at
bttpAWW_w.Jxdp ' N Jon bullefins.htrn, Texas Uniform Grants Management Standards (UGMS) at
hWAW__W_W_q9_Y1 rnor.s ate.tx� and the State Administrative Agency Sub-recipient Manual, available at
b'oecipiontshaU ineddiUonto�eennu�n000and
certi/fiicwai4t�ions, coniVIiiind require of its subcontractors employed in the completion of the pmj��10 comply with all applicable statutes.
regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application.
Sub-recipient shall comply with the State of Texas General Appropriations Act, Art. IX, 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 1701,
unless the law enforcement agency requesting the grant is in compliance with all rules developed by the Commission on Law Enforcement
Officer Standards and Education or the Commission on Law Enforcement Officer Standards and Education certifies that the requesting
agency is in the process of achieving compliance with such rules.
z. Grant funds may not be granted to or expended by any entity which performs political polling. This prohibition does not apply to apm|
conducted byanacademic institution uo part uf the institution's academic mission that is not conducted for the benefit mopamumar
candidate orparty.
3. Grant funds may not be expended to a unit of local government unless the following limitations and reporting requirements are
Page ^OF IS
a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government
employees;
u Texas Government CodoGooVonm558D04 550 .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 legislation 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 Sections 2113.O1z and z11a1O including oocompensate 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 O requiring ko 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
o. General Appropriations Act, Art. |X Sections 7.01 and 7.02, and Texas Government Code §2102.0091, including grant funds may only
ue expended if Sub-recipient timely completes and files its reports.
/Conmitiwn
A. Use of Funds. 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 grants/cooperative agreements, lobbying, or
intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government
or any other government entity.
B. Lobbyinci Prohibited. No funds shall be expended by Sub-Recipient to pay any person to influence, or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with 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 FEMA.
C Transferring Sub-recipient isprohibited from transferring funds between grant programs (such as SHSP.UASI. and 0PS8
without a properly executed GAN.
D. Federal Employee Prohibition. Federal employees ampmhi��dhn oomi in any oapaoky(pa�munpm�) on any pmpoaa|
n"um|oouunder m|esmot. Fouo,a|employees may not receive funds under this Grant.
E. Cost Categories, 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 2012 HSGP FOA, Appendix C, Funding Guidelines.
1 Management and Administration
z. Planning
». Organization
4. Equipment
5. Training
0. E*smioeo
r. Maintenance and Suota|nmont
o. Critical Emergency Supplies
9. Construction and Renovation
F Governinci Board Approval, In cases where local funding is established byo COG menUrban Area Security Initiative }
governing board, the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governing board.
G, Notices. All notices or communications required or permitted to be given by either party hereunder sufficientlZ given
if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Loan tar, to
the other party at its respective address. For notice to DPS/THSSAA 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/THSSAA Grants Management
System (SPARS).
DPSITHSSAA Contact Information
oxan Homeland Security State Admin. Agency
oxaa Department uf Public Safety
o. Box 4087
uadn.TX 78775-0220
M Within 30 days oh any change, Sub-recipient notify DP8ITHSG/Aof any change o, correction m the chief
elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system.
P.g.,OFm
L DUNS Number, Sub-recipient confirms its Data Universal N listed on this Grant.
The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or
J
Vy
L or other federally established site for contractor registration, and entered up,a/HuuAA' / uinformation. Sub-recipient
shall keep current, and then review and update the CCR information at least annually. Sub-recipient shall keep information current in the
CCRISAM 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 shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's
mandatory DUNS number. See section .210 of OMB Circular A-1 33, Audits of States, Local Governments. and Non-profit Organizations.
K. Indirect Cost Allocation Plan, Sub-recipient shall submit its most recently approved Indirect Cost Allocation Plan signed by Cognizant
Agency muro'/noom* within av calendar days ur the approval. "Cognizant agency" means the Federal agency responsible for reviewing,
negotiating, and approving cost allocation plans o/ indirect cost proposals developed under zC.rR Part z25on behalf nf all Federal
agencies- OMB publishes a listing of cognizant agencies at
on�needs m�nwa�me
annu�|nu'namcmnwam oxa within uu calendar days after approval uym Cognizant Agency. The approved
Indirect Cost Plans and approval letters shall boemui|edho The Sub-recipient name shall be included in the file
name and subject line of the email transmittal.
L 2 C.p.R.817O.32O; see FEMxInformation Bulletin 350.
1 Applicability and what N report: Sub-recipient shall report whether Sub-recipient received $2s million or more in Federal procurement
contracts or financial assistance subject to the Transparency Act per2 C.F,R, §170.320. Sub-recipient shall 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
Iyes" to both questions, Sub-recipient shall report, along with Sub-recipient's DUNS number, the names and total compensation (see 17
C.F.R. §229.402(c)(2)) for each of Sub-recipient's five most highly compensated executives for the preceding completed fiscal year.
z Where and when Sub-recipient sh ouhvo total compensation at_V,&&&r
.LU,ggyL or other federally
established replacement site, By signing this Grant, Sub-recipient certifies that, if required, Sub-recipient's jurisdiction has already
registered, entered the required information, and shall keep information in the CCR/SAM database current, and update the information at
least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub-recipient
agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number.
M. Direct Deposit n Sub-recipient has not received nSGP reimbursements from opSITHSS4A within the past eleven (11 ) months (prior
to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub-recipient
shall n name and identify
the document attached (i.e. "Sample County DD form"). The direct deposit form is currently available at
Sub-recipient may simultaneously sign up for the Advance Payment Notification
(vPN) email feature which provides State of Texas payees with a one-business-day advance notice that a direct deposit payment has been sent to its
financial institution. After receiving an AM a payee may securely access its payment details online._
N with all applicable federal, state, and local laws and requirements, including but not limited
to proper solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in
O� Contract Provisions. All contracts mxoouwo using funds grmnmd under this Grant oxaU contain the contract provisions listed under 44
CF.R.013.37(W. Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds granted under this
Grant, Sub-recipient shall determine whether the vendor/subawardee is debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded by any federal department and agency and shall confirm the vendor/subawardee does not have any active
"Exclusions" by reviewing the vendor/subawardee entity information at
Q. Management and Administration. If this Grant includes a specific award of funds to S for management and adminisoation
(M&A), Sub-recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional information on M&A,
refer to Information Bulletin 365 located at
hNm:)hmvmwfeme raoMbu|lefimm4mdex.sh tm#1/
R. Personnel Cap. Up to fifty percent (50%) of all HSGP awards received by Sub-recipient may be used for personnel and
personnel-related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRCE)uf
Homeland Security Act (Public Law 110-412) In general, use ornuur funding m pay for staff and/or contractor regular time or
ovartimu/bmok0|. among other itemx are considered | ��d s�. 8ub-moipientmay request a waiver to the s0%pe�unm�
cap by submitting "o�t�mughits respective
or urban area working group mOPS/THS8AAau
Requests for waivers shall U* submitted on official Sub-recipient |o8*,heodendhemignodhranouUoohzodofficim|
ofSut+neoipimnt Waivers shall contain the information required nn page 9of the FEwA Information Bulletin 37g.
S At l (2 Sub-recipient shall t k physical inventory u shall reconcile the
nesu|mwith pm r� � Sub-recipient oh ||
maintain Propertylinventory records which, at minimum, shall include u description orthe
property, o serial number o, other identification number, the f property, who holds title, the acquisition uova the cost o, the property,
the percentage nfFederal participation intheooatof the property, the location, use and condition uf the property, and any ultimate
disposition data including the date of disposal and sale price of the property. (See sample inventory record format at
) Sub-recipient shall develop and implement o control system \o
prevent loss, damage or theft of property and Sub-recipient shall investigate and document any loss, damage or theft of property funded
under this Grant.
T. Publications. All publications produced as a result of funding this Grant, which are submitted for b|i b io any magazine,
material journal, or trade paper, shall include the following: "This is based upon work supported by the U.S. 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."
Page °mm
U. Acknowledoement of Federal Fundina from DHS, Sub-recipient shall comply with requirements to acknowledge Federal funding when
issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in
whole or in part with Federal funds.
V. Use of DHS, DIPS, and DPS/THSSAA Seals and Non-Endprsement. Sub-recipient shall obtain DHS, DPS, or DPSFrHSSAA's prior
written approval before using any of these agencies' seal(s), logos, crests or reproductions of flags or likenesses of agency officials.
Funding of this Grant does not equate to endorsement of use of funding agencies' seals, etc., including use of the United States Coast
Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials.
W. Cocyright. Sub-recipient shall comply with requirements regarding publications or other exercise of copyright for any work first
produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by
the Government (e.g., classified information or other information subject to national security or export control laws or regulations), For any
scientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published in
academic, technical or professional journals, symposia proceedings, or similar works, Sub-recipient grants the Government a royalty-free,
nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to
authorize others to do so, for Government purposes in all such copyrighted works. Sub-recipient shall affix the applicable copyright notices
of 17 U.S,C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under
this Grant.
Further, Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-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 or sub-award, and (2) any rights of copyright to which a recipient or Sub-recipient purchases ownership with
Federal support. Sub-recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are
purchased with this funding.
X.
FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) day after
the end of each calendar quarter: January 20, April 20, July 20 and October 20; or as otherwise specified or required by
DPS/THSSAA. DPS/THSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information
requests. Failure to timely complete a performance report will result in Sub-recipient being unable to request additional
reimbursements/advances and may affect future funding.
Y. Site Visits DHS and/or DPS/THSSAA, through its authorized representatives, have 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 DHS on the premises of Sub-recipient or a contractor under this Grant, 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.
Z. Limited Enalish Proficiency (Civil Rights Act of 1964, Title VI). Sub-recipient shall comply with the requirements of EO 13166,
Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Sub-recipient shall take
reasonable steps to ensure that LEP persons have meaningful access to Sub-recipient's programs. Meaningful access may entail providing
language assistance services, including oral and written translation, where necessary. Sub-recipient is encouraged to consider the need for
language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For
assistance and information regarding LEP obligations, gok`
AA. of the Federal regulations at 45 C
requires that Sub-recipients comply with applicable provisions/law for the protection of human subjects for purposes of research.
Sub-recipient shall comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to
implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including
research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition
constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research
for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates
(Subpart B), prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law
and is not directly regulated by 45 C.F.R. Part 46.
BB Sub-recipient shall comply with the requirements of S 3mO National | d
Insurance Act, ao amended, which provides forh*nehtpmymonmunderthaStunuardr|ood|nouranoopo|iry1orgemoUtionorm|onmUono,
a structure insured under the Act that io located along the shore of a lake or other body of water and that is certified by an appropriate State
mr local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels. These regulations are oodifiodat44CF.R. Part 83.
CC Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 US.C. §§ I 75-175c. Among
other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems of a type or in a quantity that
is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The Act also establishes restrictions
on access to specified materials. "Restricted persons," as defined by the Act, may not possess, ship, transport, or receive any biological
agent or toxin that is listed as a select agent.
DD | comply with the requirements of the Preference for U.G. Flag Air Carriers: Travel
supported by U.S government funds requirement, which states preference forthouaeofU.8.Oeowromrriers(airuoniemholding
certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent 8` tuuuhoemioeisovq|mb|e in
accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U,&C, §4O11O) and Comptroller General's
guidelines.
EE Sub-recipient shall comply with the requirements that project activities carried on outside the United
States are coordinated oo necessary with appropriate government authorities and that appropriate licenses, permits, o, approvals are
obtained
Page ,OF*
FF.
government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22
U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register,
Volume 72, No. 218, November 13, 2007, In accordance with the statutory requirement, in each agency award under which funding is
provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency
to terminate the award, without penalty, if the recipient or a sub-recipient: (a) engages in severe forms of trafficking in persons during the
period of time that the award is in effect; (b) procures a commercial sex act during the period of time that the award is in effect, or (c) uses
forced labor in the performance of the award or subawards under the award.
DPsiTH5S/Ais authorized m terminate this award, without penalty, if the above condition isviolated. Sub-recipient shall include this
condition in any subawards or contracts it makes as a result of this Grant. Full text of the award term is provided at2C.p.n.D175.15,
ss . Americans with Disabilities Act of 1990, Sub-recipient shall comply with the requirements ofTides| U. and III of the Americans with
Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation ofpublic entities, public and private
transportation systems, places of public accommodation, and certain testing entities. 42 U.S.C.B812101-12213.
HH shall notify DPsrVSS^Ao,any workshops, conferences, seminars
other public venues su least one hundred <10 days before presenting any potentially sensitive information regarding this project.
No sensitive information may be presented by Sub-recipients' personnel without DPS/THSSAA and the DHS Grants Officer's review and
prior written approval.
U. Security ConcernsfViolations. Sub-recipient shall inform the TUO0AA'aDeputy Assistant Director in writing within two (2) calendar days
o, Sub-recipient being made aware pf any security with individuals having access to government facilities o/ sensitive information.
In the event that sensitive information is divulged in violation of Sub-recipient's security procedures, Sub-recipient shall immediately notify
the DPS/TUgS/w\Deputy Assistant Director and take appropriate law enforcement and legal action.
JJ. Classified Securitv Condition
1. No funding other for goods or services th will include
access to classified national security information if the award recipient has not been approved for that access to such information.
"Classified national Execuhvo0�or(E0) 12858.oeamondod means in�nnehon�a\has been
determined — �EO 1295xvv�y—� -ce�`v�^�~,mmquknpm�oUonaVainmuna�ho���disdoounaondiummrkedmindicate
its classified status when in documentary form.
3. Where an award recipient has been approved for and has access m classified national security information, no funding under this
award shall bm used to support o contract, sub-award, n/otho, 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 DHG 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,
* Such contracts, sub-awrdso,other agreements shall ue processed and administered i accordance with the DnS^Standard
r�ccoueo Classified �o�a/�nnoen oaeo^uw' 2008: Eoa/zuzy./z000 12968 as amended;
Operation - - ��� ���� ������ .
mowou ||n*umm�se Manual xxo�o applicable implementing or instruction.
security requirement documents are currently located at:
5. 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: DD254AdministrativeSecujjidhs.gov, Mail:
Department of Homeland Security, Office of the Chief Security Officer, ATTN: ASD/Industrial Security Program Branch, Washington, DC. 20528
r
A. During the performance period of this Grant, Sub-recipient, counties, cities, towns, and Indian tribes shall 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 Sub-recipient's
plan, Sub-recipient shall correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM.
B. Projects identified and approved 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 this Grant. Sub-recipient shall submit
project plans, milestones, outputs/outcomes, narratives and budget to DPS/THSSAA and FEMA (if required) for approval prior to expending
or requesting advances of any funds for this Grant. Sub-recipient shall enter appropriate project milestones into the DPS/THSSAA
web-based grants management system within 60 days after award or by the deadline established by DPS/THSSAA, whichever is sooner.
Sub-recipient shall report on project status and accomplishments (milestones and outputsloutcomes) in the format(s) and timeframes as
required by DPS/THSSAA.
C. During the performance period o[ this Grant, Sub-recipient shall:
1 Participate ina legally-adopted county and/or regional mutual aid agreement,
z. Implement the | with N|MG Implementation Objectives
outlined oyFEwma,
3. Be a registered user of the Texas Regional Response Network (TRRN) (or other response asset inventory management system
specified by DPS/THSSAA) and shall identify, resource type, and credential all major deployable resources such as vehicles and trailers,
equipment costing $5,000 or more, and specialized teams/response units equipped and/or trained using grant funds (i.e., hazardous
material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant
funded resources available to other jurisdictions through mutual aid.
Page ^Of 18
D. Regional Planning Commissions/Council of Governments (COGs) shall follow guidelines listed in the DPS/THSSAA FY2012 COG
Statement of Work,
MonitorLng
Sub-recipient will be monitored periodically federal, state or local entities, both programmatically and financially, k/ ensure that project
gnu|o, objectivao, performance reqvimments, hmo|inox, milestone oompledon, budget, and other program-related criteria are met,
DPS/THSSAA, or its authorized representative, "eoemmothoright to perform periodic dek/offioobweod and/or on-site monitoring of
°='=^'p="° compliance with this Grant and v/ the adequacy pursuant ,v this Grant. xmor
each monitoring visit, upu//nso*A shall provide Sub-recipient with a written report of m monitor's findings. |f the monitoring report no$m
uenoono/on in Sub-recipient's pern under this Grant, the monitoring report shall include requirements fo the timely correction of
such deficiencies suu+no/p|onLpaUuno Sub-recipient to take action specified i the monitoring report may bn cause for suspension
or termination of this Grant pursuant to the Suspension and/or Termination Section herein.
AHI&
Audit of Federal and State Funds. Sub-recipient shall arrange for the performance of an annual financial and compliance audit of funds
received and performances rendered under this Grant as required by the Single Audit Act (OMB Circular A — 133; 44 CY.R. 13.26).
Sub-recipient shall comply, oa applicable, with Texas Government Code Chapter 783, the Uniform Grant Management Standards (UGM8)
the Sta�Un|�nnAdminintnaVvoRoquiementa�rGmntoand Cuopeno1�voAOmame�m. '
Right to Audit Sub-recipient shall give the United States Department o[Homo|anUSeourity 1DH3>.moComptro|ler6enera|ortxoUnited
States, the Texas State Auditor, DpS/T*SS/w` or any o their duly authorized representatives, oomeook`andthmriQmomoonuuctafinanoio|
or compliance audit ofgrant funds received and performances rendered under this Grant. Sub-recipient shall permit DPSITHSSAA or its
authorized representative k/audit Sub-recipient's records, Sub-recipient shall provide any documents, materials or information necessary to
facilitate such audit.
Sub-recipient's Liability for Disallowed Costs Sub-recipient understands and agrees that it shall be liable to DPS/THSSAA for any000ts
disallowed pursuant 0o any financial or compliance audit(s) of these funds. o b-red i tfurtharundorsbandoandagreesthuL
reimbursement to DPS/THSSAA of such disallowed costs shall be paid by Sub-recipient from funds that were not provided mrotherwise
made available uo Sub-recipient pursuant tn this Grant u, any other federal contract.
Sub-recipient's Facilitation of Audit, Sub-recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to
this Section 000ponH3SAA may require ofSub-recipient. Sub-recipient shall ensure that this clause concerning the authority \oaudit
funds received indirectly by subcontractors through Sub-recipient and the requirement to cooperate is included in any subcontract it awards.
State Auditors Clause, Sub-recipient understands that acceptance uf funds under this Grant acts ao acceptance of the authority nfthe
State Auditor's Office to conduct an audit or investigation in *ctionwith those funds. Sub-recipient further agrees to cooperate m|ly
with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Sub-recipient shall
ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State
Auditor's Office /o included m any muogranmo, subcontracts oawards. Additionally, the State Auditor's Office shall at any time have access
w and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records ofSub-recipient
relating m this Grant.
Retention and ACCessibility of Records
Retention of Records Sub-recipient shall maintain fiscal records and supporting documentation for all expenditures of this G funds
pursuant to the applicable OMB Circular, 44 CFR Section 13.42, UGMS §_.42, and this Grant 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 cn the final expenditure report, any litigation, dispute, or audit. Records shall »o retained for three (x) years after any real estate
or equipment final disposition, The DHS or DPS/THSSAA may direct Sub-recipient to retain documents or to transfer certain records to
nHS custody when DHS determines that the records possess long term retention value.
Access to Records. Sub-recipient shall ive the United States Department of Homeland Security, the Comptroller General of thoUnioeU
States, moTexas S�haAuditor opSn'H88AA nr any o, its duly mu/hon�au,ep,000ntooves access m and the right m examine anbooks,
a000u�.�ou�s.epor�.files, 'omerpapers, �mngan,pmpe�' belonging toor|n use uy5�b-reoipient pertaining m this Grant including
records concerning the past use oyDH8/FEMA funds. Such rights to access shall continue na long xo the records are retained by
Sub-recipient. Sub-recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records
consistent with the Texas Public Information Act, Texas Government Code, Chapter 552.
Inclusion in Subcontracts Sub-recipient shall include the substance nf the Retention of Records and Access to Records section herein inall
After Action Reoorting Sub-recipient shall complete, deliver to the appropriate source, and retain copies o, all after-action reports and
certificates of completion for all training and exercises paid for by this grant.
Legal Authg-rLty
Sianatory Authority, Sub-recipient assures and guarantees that Sub-recipient possesses the legal authority tn enter into this Grant, receive
grant funds and to perform the project Sub-recipient has obligated itself to perform pursuant to this Grant.
Authorized Representative The person or persons signing dexecuting m�Grant onnvbrmc��nYa behalf do warrant and omn�o
���ho�hehas been du�amho,�ad by Sub-recipient ho �xncute this Grant onOub-radpimnrn behalf and hu validly and legally bind
Sub-recipient to all terms and conditions and performance obligations.
Conflicts in Reauirements. If conflict exists between federal, state, or local requirements, Sub-recipient shall comply with the strictest
Pa" ,OFm
ion and Clai
Sub-recipient shall give DPSITHSSAA immediate notice in writing of any action or claim, including any proceeding before an administrative
agency, filed against Sub-recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub-recipient
shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub-recipient with respect to such action or
No Liability for Employses and Officers
DPS/TH3SAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub-recipient,
regardless of where the individual's actions or omissions occurred.
Non-Waiver of Defaults
Any failure ofDPS/TMS8/A.a^ any hm000*n�oeor require the mh�keeping and ��o � f provision �f1h�8 �t shall ,
oonodmma waiver mfsuch provision, an�nxxUnotaDc�o,impai,vnmoo��enSx/��Psr����A at any time to avail itself nfsame.
A
waiver does not become effective unless opS/THSSAA expressly agrees m such waiver inwriting- Any payment byDpS/THSSA^shall
not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPSITHSSAA to enforce its
rights, as such rights, powers, privileges, and remedies are specifically preserved,
Changes and Amendirnents
F modify this Grant after an award has been made. Once notification has been made inwriting,
any subsequent funds indicates Gvb-radpianYo acceptance of the changes to the award. Any alteration, addition, or deletion ^o
this Grant bv Sub-recipient is not valid.
Written Amendment. Alterations, additions n, deletions to this Grant, such au changes to period nf performance and award amounts, shall
be made through an executed Grant Adjustment Notice (GAN).
Authority to Amend During the period of performance for this Grant, DPSITHSSAA and/or FEMA may issue policy directives that serve to
establish, interpret or clarify this Grant's performance requiromuntu.0uchpo|icvdirectiomnhaUbo promulgated byDP8/THSOAAo,FEMA
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 vmifwritten in this Grant.
Effect of Chances in Federal and State Laws 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 DPSfTHSSAA 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-recipient shall be
notified of the changes in writing, Once notification has been made, any subsequent request for funds will indicate Sub-recipient's
acceptance of the changes to this Grant.
HeadingLs
Headings 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.
Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas,
Suspension
|n the event Sub-recipient fails to comply with any term o[ this Grent DP�THSSAA onw/ioennmmoaUonmSub-nemip|ent suspend
this Gmm.in whole ormpau. withhold poymont�mSuu�m�p�nta�UpmmbitSuU'r,�'��hominourhngauubionu|uNigo�onx��this
Grant's funds.
TOnnination
DPS/THG8AA shall have the right (n terminate this Grant, in whole orin part, a| any time before the end of the Performance Period, i[
DPSITHSSAA determines that Sub-recipient has failed to comply with any term of this Grant. DPG/THGGAA 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. |n the case of partial termination, the portion of this Grant (obe terminated.
Appeal may be made mthe Deputy Director ofHomeland 3oouhty, Texas Department of Public Safety,
Enforcement
If Sub-recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an
assurance, in a state plan or application, a notice of award, or elsewhere, DPS/THSSAA or DHS may take one or more of the following
actions, eu appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by Sub-recipient or more severe enforcement action by
DPS/THQDAAo,DH0;
2. Disallow, that is, deny both use of funds and matching credit for, all or part of the cost of the activity or action not in compliance;
Page mmm
3. Wholly or partially suspend ur terminate this Grant for Suh-rm|piem'sprogram;
4, Withhold further awards for the program; or
5. Take other remedies that may he legally available.
h taking mnenforcement action, DP0/THSSA8 will provide Sub-recipient mn opportunity for a hearing, appeal, or other administrative
proceeding to which Sub-recipient is entitled under any statute or regulation applicable to the action involved.
The costs orSub-recipient resulting from h|i U incurred by Sub-recipient during a sus o o| nurufter termination o/this Grant are not
allowable unless DPS/THSSAA or DHS expressly authorizes them in the notice of suspension termination 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 S h- d iontbofonathoeffecdv*dmVaofsuopenoionormrminudon
are not in anticipation of it, and in the case of a termination, are non-cancellable; and
2. The costs would bo allowable |f this Grant were not suspended or expired normally ut the end or the funding period in which the
termination takes effects,
The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub-recipient from being subject
10 "Debarment and Suspension" under E.0. 12549. 44CF.R.O13.35.
No employee, officer or agent of Sub-recipient 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,
Closing Qlf the Grant
A. DPSITHSSAA will close a sub-award after receiving Sub-recipient's final quarterly performance report indicating that all approved work
has been completed and a||fvndohovoh*andiaburmed'oomp|ohngwmvimwtucunfirmtheauovrmoyuf 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/THSSAA will send the final payment automatically to Sub-recipient. If Sub-recipient did not use all the funds received,
opS/TnSSAA will issue pGrant Adjustment Notice (GAN)to recover the unused funds. Sub-recipient will return the funds tuthe
oPS/T*GSAA within 3Q days o, receiving the GAN
B. At the completion of Sub-recipient's performance period, DPS/THSSAA will cle-obligate all uncommitted / unexpencled funds,
C. The closeout of this Grant does not affect:
1 DnQurDPG/THGSxx'oright tu disallow costs and recover funds on the basis ufa later audit or other review;
u. Sub-recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions'.
o. Records retention mquimmonm, property management requirements, and audit requimmmnm, oo set forth herein-, and
4. Any other provisions uf this Grant that impose continuing obligations onSvb-redpiantorthatgovemthohghtsand|imitaMunonftho
parties m this Grant after the expiration or termination mf this Grant.
Please fill hm the appropriate information and certify bwsigning below that you have read,
understood, and agree to the terms of this Grant.
Print Name of Authorized Official
Title
s"u'recipiemOrgmnizanon
Signature of Authorized Official Date
Page umm
WAarM11111r1
ASSURANCES - NON - CONSTRUCTION PROGRAMS See Standard Form 4248
As the duly authorized representative of Sub - recipient, I certify that Sub - recipient:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds
sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in
this agreement.
2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if
appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents
related to the award, and will establish a proper accounting system in accordance with generally accepted accounting standards or agency
directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards for merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685 -1686 and 44 C.F.R. Part 19), 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, 0) 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 as amended by 42 U.S.C. 4311 et seq. and Executive
Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection
against natural disasters. To comply with NEPA for DHS grant - supported activities, DNS -FEMA requires the environmental aspects to be
reviewed and evaluated before final action on the application (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) comply with the Clean Air Act of 1977, (42 U.S.C. § §7401 at seq. and Executive Order 11738) providing for the protection of
and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the
chemical, physical, and biological integrity of the nation's waters; (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, 45 C.F.R. 46, and DHS Management Directive 026 -044 (Directive) regarding the protection of human
subjects involved in research, development, and related activities supported by this award. "Research" "means a systematic investigation,
including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for
additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children
(Subpart D). See also state and local law for research using autopsy materials.
Page 12 OF 18
15 Will comply with the Laboratory Animal Welfare Act of1966(P.L8S-544.00 amended, 7USC §§2131 et seq.) which requires tile
min imum standards of care and Ire mment for vertebrate animals bred for mmmerci^|sale �i*����p� commercially, ���w�
p"h� according wU*Gu�^onCo��duo"f LohvmunAuimu|s�dp��cRru|����eP^Ucyuud0ovommnnt— the Care and
osevrpmimxb .
10. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use oflead-based
paint in construction or rehabilitation of residence structures,
17. Will cause tobe performed the required financial amdcomp|ianooaudxsina000ndanoewithmo6ingleAwdi,ActAmendmontsu[19S8
and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies
governing this program.
Please fill imthe appropriate information and sign to certify this Exhibit A.
Print Name of Authorized Official
Title
SuU*/cipiem0rganizetiom
Signature of Authorized Official Date
Page .`OFm
��W ��
ASSuRAmCsm' CONSTRUCTION PROGRAMS See Standard Form *o*o
As the duly authorized representative ufSuh-rmcipiert,|certify thatGub+noipient
1. Has the legal authority 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 VNU give the Department of Homeland Security, the Department of Public Safety, the Comptroller General mr the United States and, if
appropriate, the State, the right to examine all records, books, papers, m documents related m the assistance; and will establish aproper
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 drafling, review and approval of construction
plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision ou the construction site to ensure that the complete work
conforms with the approved plans and specifications andwiUfumis»pmgreooivomportoondouohom*rinfonnahunonmayb*mnuimdhy
the assistance awarding agency orState.
n 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 ur presents the appearance o,
personal or organizational conflict of interest, o, personal gain,
8. Will comply with the Intergovernmental Personnel Act of1 0 §§4728-4763) relating N prescribed standards ofmerit
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).
e. Will comply with the Lead-Based Paint Poisoning Prevention Act (4au.S.C.554001euoeq.) which prohibits the use of lead-based pain
m construction or rehabilitation of residence structures,
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 US.C. §§1681 1683, and 1685-1686 and 44 C.F,R. Part 19), 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, (� 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 11 and III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of197O(pL 91 provide for fair and equitable treatment ur persons displaced or whose is
acquired aou result or Federal and federally-assisted programs. These requirements apply m all interests |n real property acquired for
project purposes regardless ur Federal participation |npurchases,
12. Will comply with the provisions o/ the Hatch Act (5U.G.C.8g150115O8 and 7324'7328) which limit the political activities ofemployees
whose principal employment activities are funded in whole orinpart with Federal funds.
13 Will comply , a applicable, withthopmvvion,ortxoonvio.BavvoAd (40 U.S.C. §§276 276a-7), Copeland Act (40 U.S.C.
§uroo and 1pU.SC and the Contro�mmmHou�and Su��SmndmrdsAm(4OUSC 0Unzr'aau)mgammgmbqrgondando�,
�uers|�aea|o�U��s�u�|onsut~aQoeoments.
14 Will comply with flood insurance purchase requirements orSov on1U2(a)nfthoFlongomooterpmteoUonActof1073(P.L83-234)
which requires recipients ina special flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition in$10.00Oo,more.
15 Will comply with environmental standards whi h may be prescribed pursuant to the following: institution f environmental quaUty
control measures under the National Environmental Policy Act of 1969 (P_L 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive
Order (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection
against natural disasters; (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) comply with the Clean
Air Act of 1977, (42 U.&C. §§7401 et seq, and Executive Order 11738) providing for the protection of and enhancement of the quality of
the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological
integrity of the nation's waters;(9) 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 of19O8(1OU.8.C. §§1271e*seq.) related Vo protecting components orpotential
components of the national wild and scenic rivers system.
Page wOFm
17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996
and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies
governing this program.
Please fill in the appropriate information and sign to certify this Exhibit B, if applicable.
Print Name of Authorized Official
Title
Sub-recipient Organization
Signature of Authorized Official Date
Page 15 OF 18
Exhibit
Certifications
The undersigned, as the authorized official, 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 influence am officer ur employee of an agency, a Member of Congress, moo r or employee of Congress, |oyee
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 agmamom.ermmooxtenumn.00mmuatmn.mnowa|omonument.o/momnoanono[any
Federal contract, grant, loan, or cooperative agreement,
B. If any funds other than Federal appropriated funds have been paid or will uo paid m any person for influencing 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 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 Part 67, for prospective participants
in primary covered transactions, amdofinwdm28C�F.R. Part O7. Section GT.51O. (Federal Certificahon), The Sub-recipient certifies that it
and its principals and vendors:
1 Are not debarred, suspended, proposed for deb declared ineligible, of Federal benefits bya State o,
Fouom/ court, or voluntarily excluded from covered transactions by any Federal Sub-recipients can access
debarment information by going to _V&p&,12Lq.91U or y8yV_LALn_gQv and the State Debarred Vendor List
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 b used supplement exisUngfunds and wiUnot re | (su»p|anV funds that have been
anomphated�,the same purpose. Sub-recipient - supply documentation certifying that a reduction innon-federal
resources occurred for reasons other than the receipt or expected receipt of federal funds.
F. S must comply with zC.F.pl Part 1no. Subpart Cama condition of receiving grant funds, and sub-recipient must require
such compliance m any sub-grants or contract au the next tier.
O Drug-free Workpl Act as amended, 41 U.S.C. §701 et Requires the ci i 1to publish a statement about itsdrug-free
workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be
involved in award-supported activities at any site where these activities will be carried out. Also, place(s) where work is being performed
under the award (i-e., street address, city, state, and zip code) must be maintained on file. The recipient must notify the Grants Officer of
any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F-R. Part
17. Sub-recipient shall comply with the requirements of the Drug-Free Workplace Act of 1988, which requires that all organizations
receiving grants from any Federal agency agree to maintain a drug-free workplace.
H. Sub-recipient agrees that itio 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 mqvimmento, policies and any other requirements governing this program.
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 inthe appropriate information and sign to certify this Exhibit C.
Print Name of Authorized Official
Title
Sub*m|piomOrganizahon
Signature of Authorized Official Date
m=16 OF 18
EXHIBIT D
State of Texas Assurances
As the duly authorized representative of Sub - recipient, I certify that Sub - recipient
1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub - recipient's
governing body or of the Sub - recipient'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. Shall insure that all information collected, assembled, or maintained by the Sub - recipient 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. Shall 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. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support
payments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub - recipient 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. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to
Chapter 1701, Texas Occupations Code, or shall 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 Sub - recipient
is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7. Shall 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 sub - recipients 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. Shall 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. Sub - recipient shall also ensure that all
program personnel are properly trained and aware of this requirement.
9. Shall 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 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from
discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities, 44 U.S.C. §§ 12101 - 12213; (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 this Grant.
10. Shall 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. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.
91 -646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § §7321 -29), which limit the political activity of employees
whose principal employment activities are funded in whole or in part with Federal funds.
13. Shall 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. Shall 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 Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA (EO 11738).
15. Shall 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.
Page 17 OF 18
16. Shall ply with environmental otanu rd which may be prescribed pursuant to the following: ( of environmental
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (ED) 11514; (b) notification of
violating facilities pursuant to ED 11738; (c) protection of wetlands pursuant to ED 11990; (d) evaluation of flood hazards in floodplains in
accordance with ED 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 seg.); (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 seg.): (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, Shall comply with the Wild and Scenic Rivers Act of1888(1Ou.s.C.0U1zr1 mueql related »o protecting components mpotential
components m the national wild and scenic rivers oyotem.'
18, Shall assist the awarding agency in assuring compliance with Section 1OOof the National Historic Preservation Act of1980 as
amended (18U.3.C.5*70 EO115$3(idenhfioa8on and pm�ohonufhio�hnp,opedieo) and the A�haoo|o8ioa|and Histo,��nesommhon
4�of1974(18U.S.C.6Ou�9�1egmoo,). '
19, Shall comply with the Laboratory Animal Welfa xw of 1968(p.L.oy-544.ao amended, 7U.o_C_O0z1n1eu seg.) which requires the
minimum standards ov care and treatment for vomeumua animals bred for commercial uo|e used inppooamh transported commercially, or
exhibited tomo public according � the Guide �,Coeand Use ofLouu,ato�Animo|���PuNioHoa|mso�v|ne Policy and Government
Principals Regarding the Care and Use ofAnimals.
20. Shall comply with the Lead-Based Paint Poisoning Prevention Act (42U.S.C. §§48O1etooq.) which prohibits the use nflead-based
paint in construction or rehabilitation of residential structures.
21 Shall comply with the Pro-Children Act n,1ay4(Public Law 103-277), which prohibits smoking within any portion of any indoor facility
used for the provision or services for children.
22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
2l Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing
this program.
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 have Exclusions listed at
25. Shall adopt ov the model HKoA|os work place guidelines of the Texas Department o^ Health uo
required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seg.
Please fill hmthe appropriate information and sign Nw certify this Exhibit D.
Print Name of Authorized Official
Title
GubraopientOrgonizadon
Signature of Authorized Official Date
Page mww
C ��
City ��x Fort Woxuxxx Texas
Mayor Council �m� � ���
�������� ��00 N������NN N�.�������N���Non
pprovoct'; oh, 41112/20(11", Ordtliionoo,
C -00MILACTION1. A' MOO
DATE: Monday, November 12.2012 REFERENCE NO.: **C-25968
LOG NAME:302O12HSGP
SUBJECT:
Authorize Acceptance of Fiscal Year 2012 Homeland Security Grant Funds from the State 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 DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance ofon award in the amount upb>$2.753.62S.85of Fiscal Year 2O12
Homeland Security Grant Funds from the State of Texas, Texas Department of Public Safety consisting
• Urban Area Security Initiative grant, Catalog Federal Domestic Assistance No. 97.067:
$2.151.709.85;
• Urban Area Security Initiative Law Enforcement Terrorism Prevention Activities grant, CFDANo.
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 $2,753,629.85, subject to receipt of the award.
The United States Department of Homeland Security (DHS) through the State of Texas, Texas
Department of Public Safety awards grants hojurisdictions across the state to enhance local capabilities tn
prevent, respond to and recover from acts of terrorism and natural disasters. The Urban Area Security
Initiative (UASI) 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 capacity 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 grant funded projects intheanaasofthneat
assessment, risk reduction, capability sustainment, plan development, public education and training.
The performance period nf the UA8| grant is from September 1'2O12tu May 14'2O14. This grant has no
\on8\ match requirement.
r/qrm/ /mFt')RnuAn«nm /r1=Prnr/rAT1nm'
Logounzo: 382012/{8GP Page of
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.
FUND CENTERS:
TO Fund /Account/Centers FROM Fund /Account/Centers
GR76 451217 036442607000 $2,151,709.85
GR76 451217 036442608000 $601,920.00
GR76 (5 VARIOUS) 036442607XXX $2,151,709.85
GR76 (5 VARIOUS) 036442608XXX $601,920.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Rudy Jackson (6805)
Pat Vasquez (6525)
Additional Information Contact: Juan Ortiz (6173)
Logname: 362012HSGP Page 2 of 2