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Contract 41273-GA1
CITY SECRETARY CONTRACT NOS. Texas Department it ent of Public Safety 0'10 Ghent Adjustment pNotice yry�AM- �' ^y'Y drwr A for City of Fob Worth, This GAN changes they performance dates of the grants in Section S. xl� l te 0 sward February 13 2013 Io svl '/ + 1' lent Name and Address 2.Prepared by. HatfielNd, Bryan .SAA►Award l u rrrber. 10-GA 27000-08 Federal G'iOnt ormp0ow, Federal Grant Title: Uirbar�Area Security Initiative Mayor Betsy Price (L'I!J4:5i) City of Fort Worth Federal Grant Award IiNuurnber. 201 O-SS-TO-0008 10,00 Thruckmnortc n Date Federal Grant Awarded to TxDPS. Augiust 1, 2010 Fort Worth, TX 76102-6311, Department of Hlornelland Security Federal Granting Agency.,, FEMA Grant Programs Directorate Award Amount an 'drant Brea,&Wn Award Amount (FedIeral,l) From: To: Aug 1, 2010 Mar 31, 2013 C A*. 97.067 (The SAA must receive all invoices by the rend of grant period) $1,0931 44 7A 00 6.Statutory Authority for Grant-This project is supported under Department of Homeland Security Appropriations Act, 2011 Public Lair 111-83 . 7. Method of Payment-, Primary method is reimbursement. 8. Debarmient/,S us�pen'sion Certification,-The Sub-Recipient certifies that the su recd r nit ands its contractors/vendors are not debarred,suspended, proposed for debarment,declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Exclu.uded Parties List System at http� ww.epl eg .2.8.9029,0 Agana A0provall approving TxDPS Official: Signature of TxDP,S Official-, Macelre Pharr Deputy Assistant Director State Administrative Agency Texas Department of Public Safety I have read and understand the attached Terms and Conditions., Type name and title of Authorized Subi-Riecilpie t official. signature of Sub-Recipient pient Official: Charles Daniels nt City Manager C. Fart Worth leftm to err Identification Number EI'N),� Federal Tax Identification N062, 0,0000 .�.bate Signed 44, AtY 01 o0.0 6 10528 «„ a r� Ato / A"I 3. U T. 100, x 4 R' ited ar and Direct Deposit Form ue date. 901 -10 WWI am A r N N 2010 TERMS AND CONDITIONS Instructions: The Sub-recipient must 1. Fill in the contact information and sign the Sub-Recipient Award' 2. Certify they have reaad'anid understand the Terms and Conditions by initialing the bottom of each page. 3. Fill in the contact information located on Page 4'. 4, Certify to the statements provided in Exhibits A and B and C located at the back of this document by filling in contact information and signing both exhibits. 5. Return all documents to the SAA in accordance with the date provided in the transmittal letter andlor in the agreement 0 Patties fg� Suh-reCID 0 Ljt:A a em_ This Sub-recipient Agreement(includes the ,ub-recipient Award and the Terms and Conditions)is made and entered into by and between the Department of'Public Safety/State Administrative Agency, (DPS/SAA)an agency of the State of Texas, hereinafter referred to as "DPS/SAA,"and the funds recipient, hereinafter referred to as the"Sub-recipient." Furthermore, DPP/'S AA and the Sub-recipient are collectively hereinafter referred to as the"Parties." The Sub-recipient Agreement is only an offer until the Sub recipient returns the signed copy of the 2010 Sub-reciplient Agreement in accordance with the date provided in the transmittal letter and/or in the agreement Sub-recipient Agreement Award. Sub-recipient must not assign or transfer any interest in this Sub-recipient Agreement without the express, prior written consent of the SAX Mt ew d PedoLtngnca Sta rds Al!allocations and,use of funds under this grant must be in accordance with,the FY 2010 Guidelines and Application Kit for the Federal Grant Title specified on the Sub-recipient Agreement Award.All award Sub-recipients are required to have readl, understood and accepted the FY 2010 Guidance and Application Kit as binding. Standard!gf Pe&[maage. The Sub-recipient shall perform all activities and projects entered into the SAA web-based grants management system approved by its Regional Planning Group,/Urban Area Working Group and/or by the State Administrative Agency(S AA)as applicable, The Sub recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Sub-recipient agreement,Terms and Conditions and the follow►ingi Exhibits located at the end of this document: 1. Assurance—Non-Construction Programs, hereinafter referred to as""Exhibit X' 2. Assurance—Construction Programs, hereinafter referred to as"Exhibit B," 31. Certification, hereinafter referred to as"Exhibit C" FailuLp.IQ Pgrform. In the event the Sub recipient fails to implement the project(s),entered into the SAA web-based grants management system,or comply with any of this Sub recipient agreement's provisions, in ad'd'ition to the remedies specified in this Sub-recipient agreement,the Sub-recipient,is,l�iabl�e to DPS/SAA for,an amount not to exceed the award amount of this Sub-recipient agreement and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other federal progr�am funds administered by DPS/SAA until repayment to DPS/SAA is made and any other complliance or audit finding is satisfactori,l:y resolved. JA& 143 Initial Date /Or* Page 2© 17 0""RSZ_SAA Qbfigatidns Measure of Liability. DPS/SAA shall not Ibe liable to the Sub-recipient for any costs incurred by the Sub-recipient that are not allowable costs. Sub-recipi nt 6grgpirnent Fund D fined and L,imit of Liability. The tares"Sub-recipient agreement', "as Nosed in this Sub-recipient �s t a �` +�� fuunds agreement means funds provided b DPS/S under the DH `/FE,MA rant programs. The terra"Sub-recipient's funds"or'match funds as used in this Sub-recipient agreement means funds provided by the Subs-recipient.. Notwithstanding any other provision of this Sub-recipient agreement, the total of all payments and other obligations incurred)by DPS/SAA under this Sub-recipient agreement shall not exceed the Taal Award Amount listed on the cover page of the Sub-recipient agreement. Subs-recipient shall contribute the match funds listed on the Sub-recipient Award page.. E,X� ss Paylnie�pts., The Sub-recipient shall refund to DPS/ AA any sum of Subs-recipient agreement funds that has been paid to the Sub-recipient by CAPS/AAA or that DPS/SAA determines has resulted in overpayment to the Su�b-recipient or that DPS/,SAA determines has not been spent by the Stub-recipient in accordance with this Sub-recipient agreement. No irefund payments)may be made from local, state or federal grant funds unless,repayment with grant funds is specifically permitted by statute or regulation. The Sub-recipient shall make such refund to DRS/SAA vwithin thirty days after DPS/S requests such refund. e W In the event the Sub-recipient fails to comply with any of this Sub recipient Agreement's terms, DPS/SAA may, upon written notification to the Sub-recipient,suspend this Sub-recipient agreement in whole or in part,withhold payments to the Sub-recipient and prohibit the Sub-recipient from incurring additional)obiliigations of Sub-recipient agreement funds. .Tgrmination P Ter natg, DPSI/SAA shall have the right to terminate this Su b-recipient agreement, in whole or in part, at any time before the end of the Performance Period,whenever DPS/S determines that the Sub-recipient has failed to comply vwith any of this Sub-recipient agreement's terms. DRS/SAA DRS/S shall notify the Sub-recipient in writing prior to the thirtieth(3oth)day preceding the termination of such determinait on and include: `l. the reasons for such termninatiion 2. the effective date of such termination;and . in the cause of partial termination,the portion of the Sub-recipient agreement to be terminated. Appeal will be made to the Deputy(Director of Il l'omeland'Security, Department of Publlilc Safety. F,X_f_QrSeM!ent,, In taking an enforcement action,the awarding agency will p 'p' opportunity for such hearing, appleal, or other g � g � y II rovude the sub-recN ient an o administrative proceeding to which the snub-recipient is entitled under any statute or regulation applicable to the action involved. Initial bate /00,6, 13 Page 3 OF 1 (;Q1d1ir,t QUnfemat No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or adrniinistration of a contract supported by Federal funds if a conflict of interest, real or apparent,would be involved. Sub-recipients will be monitored periodically by federal or state agencies, both programmatically and financially, to ensure that project goals, objectives, performance requirement,timelines, milestone completion,budget, and other related program criteria are beings met. DPS/SAA reserves the right to perform periodic office-based and/or on-si te monitoring a g ote Sub-recipient's compliance with this is Sub-reci Bent agreement's terms and conditions and of t �adequacy a nd timeliness of th e Sub recrpwent s performance pursuant to this i s Sub-recipient agreement. After each monitoring visit) C h� �provide the ub recrpl.en a �r�tt rt p report of th non.tor. findings,.., lf the monitoring report notes deficiencies in the DPS/SAA p erf o rmance under this Sub-recipient g t farna, th e monitoring report shall include requirements for the timely correction of such deficienci es by the Sub-recipient. Failur e by the Sub-recipient to tale action specified in the monitoring report may be cause for this Sub-recipient agreement's suspension or termination pursuant to the ,Suspension and/or Termination,Section. Am AWd t of r n t nds. the Sub-recipient shall arrange for the performance of an annual financial and compliance audit of Sub-recipient agreement funds received and performances rendered under this Sub-recipient agreement as required by the Single Audit Act(OMB Circular A--133;44 C.F.R. 13.26)and as outlined in Exhibit A. The Sub-recipient will also comply, as applicable,with Texas Government Code, Chapter 783, 1 TAC 5.141 et.seq. and the Uniform Grant Management Standards GMS), State Uniform Administrative equirements for Grants and Cooperative Agreements. QP!5/SM'a Right to At PS SAA reserves the right to conduct a financial and compliance audit of Sub-recipient agreement fund's received and performances rendered under this Sub-recipient agreement. The Sub-recipient agrees to permit DPS/SAA or its authorized representative to audit the Sub-recipient's records.The sulbi-recilplient shialll provide any documents materials or information necessaryto, facilitate such audit. 5Ub-r!2cip_i,Q0t'5, . .I r i it w The Sub-recipient understands and agrees that it shall be liable to DP,S/SAA for any costs disallowed pursuant to financial and compliance audits)of Binh-recipient agreement funds. The Sub-recipient further understands and agrees that reimbursement to DPS/SAA of such disallowed costs shall be paid by the Sub-recipient from funds that were not provided or otherwise made available to the Sub-recipient pursuant to this Sub-recipient agreement or any other federal contract. .,5,1j_b-[gcipie,nt§IFaci ita . n of A it. The Sub-recipient shall take such action to facilitate the performance of such audit(s)conducted pursuant to this Section as DPS/SAA may require of the Sub-recipient. The Sub-recipient shall ensure that this clause concerning the authority to audit fund's received indirectly by subcontractors through the Sub-recipient and the requirement to cooperate is included in any subcontract it awards. Qfber ReauWmentrv, A. Curing the performance period of this grant, Sub-recipients must maintain an Emergency Management P'l�an at the Intermediate Level of planning preparedness or higher, as prescribed/by the Texas Division of Emergency Management T EM .. This may be a a ement plan or participating in an inter jurisdictional emergency accomplished by a jurisdiction rna��nta�n�ng Iris...own emergent g p p p g management program that meets the required standards... if DEI�I identifies deficiencies in the Sub-recipient's plan, Sub-recipient will correct deficiencies within 60 days of receiving notice of such deficiencies from TDE . Initial Cate 4024 /S Lj-!9 Page 4 OF Pro e�cts identified In the wweb-based)grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of the grant. C. Curing the performance,period of this grant, Sub-recipient agrees that it will participate in a legally-adopted county and/or regional mutual aid agreement. D. Curing the performance period,the Sub-recipient must be a registered user of the Texas Regional Response Network TRR and identify alll major resources such as vehicles and trailers,equipment costing$5,000 or more and specialized teams/response units equipped and)or trained'using grant funds(i.e. hazardous material,decontamination, search and rescue, etc.).This registration is to ensure jurisdictions or organizations are prepared to male grant funded resources available to other jurisdictions through mutual aid. E. Sub-recipients must submit Fiscal Year 2010,Indirect Cost Allocation Plan signed by Cognizant Agency-"Cognizant agency' means the'Federal agency responsible for revievwingi, negotiating, and approving coat allocation plans or indirect cost proposals developed under 2 CFR part 225 on behalf of all Federal agencies.O,MB publishes a listing of cognizant agencies. Plan should be forwarded to the SAA along with the Planning and Administration Grant Budget Form. F. Council of Governments(COG)will follow guidelines listed in the BAA FY 10 COG Statement of Rork. C. 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 Federal government purposes; I 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.The sub-recipient agrees to consult with DPS/SAA regarding the allocation of any patent rights that arise from, or are purchased with,this funding. Uaaini a the Q " A. The Sub-recipient must have expended all grant funds and submitted expenditure reimbursement requests and any invoices by the end of the performance period listed on the sub-recipient agreement. B. DIPS/S will close a sub-award after receiving Sub-recipient 1,s final)performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the Sub-recipient is owed additional funds, IDP,B/BAA will send the final payment automatically to the Sub-recipient. If the Sub-recipient did not use all the funds received, C P `/SAA will issue a Grant Adjustment Notice(SAN)to recover the unused funds. C. At the completion of the sub-recipient's performance period, DPS/SAA will de-obligate all uncornmitted/unexpended funds. Restrictions, Di2daiingrs and Notices A. In cases where local funding its established by a COG or UASI,governing board,the release of funds by D!PB SAA is contingent upon fundling allocation approval by the governing board. B. Notwithstanding any other agreement provisions,the parties hereto understand and agree that DPS/SAA's obligations under this agreement are contingent upon the receipt of adequate funds to meet CAPS/S 's liabilities hereunder, except as required by IECCP and ISGP grants. DPS/SAA shall not be fable to the;pub-recipient for costs under this Agreement which exceed the amount specified in the(Notice of Sub-recipient Award. C. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently given if'mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express,to the other party at its respective address set forth below or to the Point of Contact listed for the sub-recipient in the SAA Grants Management System shall be deemed received the following business day. Initial Cate i�12 Page 5 OF 17 i DIPS/SAAB Contact Information Sub-Recipiient Contact Information (Ptease Fill-in Contact Information below) Deputy Director, Homeland Security Name!: Juan Ortiz Texas Department of Public Safety Titlle- Emergency Manager/UASI POC State Administrative Agency Agency: City of Fort Worth P.O. Box 4087 Addressor 1000 Throckmortoini,Sit., Fort Worth, TX Austin, TX 78773-0220 1 7611 o2 Uniform Adm, trative Ream !Qn L& Cost P al aments .-r 112LS IIQM inclD -i and Audit 1? ie Except as specifically modified by law or this Sub-recipient agreement's provisions,the Sub-recipient shall administer the award through compliance with the most recent version of all applicable Laws and Regulations. A non-exclusive llis,t is provided below A. Administrative Requirements 1. 44 C.F.R. Part 1 3 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants,and Agreements with Institutions of Higher Education, Hospitals and Other Non-Proifit Organizations(OMB Circular -110). B. Cost Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments(OMB Circular A-87') 2. 2 C.F.R. Part 220, Cost Principles for Education Institutions(OMB Circular -21 3. 2 C.F.R. Part 230,1 Cost Principles for Non-Profit Organizations(OMB Circular A-1122,) 4. Federal Acquisition Regulations(FAR)Subpart 31.2,Contracts,with commercial Organizations C., Audit Requirements—OMB Circular A-1 33,Audits of States,, Local Governments and Wren profit Organizations. D. Sub-recipient understands and agrees that it cannot use any federal funds,either directly or indirectly, in support of the enactment, repeal,modification or adoption of any law, regulation or policy, at any level of government,without the express,prior written approval'of FEMA. E. The sub-recipient agrees that all allocations and use of funds,under this grant will be in accord a nice with the applicable FY201 0 Grant Program Guidance and Application Kit., F. The recipient must provide information to FEMA to assist with the legally-required environmental planning and historic preservation (EHP)review and to ensure compliance with applicable EHP laws and Executive Orders(EO). These EH'P requirements include but are not limited to National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, EO 11988— Floodplain Management, EO 11990—Protection ofWetlands, and EO 12898—Environmental Justice. The recipient must comply with all Federal, State, and local EHP"requirements and)obtain applicable permits and clearances. Recipient shall not ulndertake any activity from the project that would result in ground disturbance,facility modification,, or relates to the use of'sonar equipment without the prior approval of IFEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction,, and modifications to buildings that are 50 years old or older. Recipient must comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbling activities occur during project implementation,the recipient must ensure monitoring of ground disturbance and if any poteapt archeol ogical resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the ropriate State Historical Preservation Office. Initiation of these activities prior to com!pletion of F'EMA's EHP review will result in a non-compliance finding and may not be eligible for grant funding., G. Sub-recipient shall also comply with all other federal, state, and local law's and regulations applicable to this Sub�-recipienit agreeme�nt's activities and performances rendered by the Sub-recipient including but not limited to the laws and the regulations promulgated in State Administrative Agency Information Bulletins, and Texas Uniform Grants Managem�eint Standards(LIGIVIS). H. The sub-recipients)must, in addition to the assurances,comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulationsl executive orders, OMB circulars, terms and conditions of the awardl, and the approved application. Initial &&0610041 Date AV. Page 61 OF 17 AM% ff etenfj.0112.,,�A.C&U ifitv of&go Retenito.n - -reciplien�t shall maintain fiscal records and supiportin�g documentation for all expenditures of Sub-recipient _,,Qfj:jT&gLds. The Sub agreement funds,pursuant to the ap�pl�icabll:e,O!MB Circular and this Sub-recipient agreement. The!Sub-recipient shall reta�in these records and any supporting doc,ume�n�tat,ioln for the greater olf three(3)years from the completion of this project's,public objective, includ�ing program requirements and financial obligations,or the period of ti:lmlie required by other applicable laws and regulations. Sub-recipient s,ha�ll comply with 4,4,CFR,Section 131.42 and UGM',S AQgg§,§�tg Rgcords. The Sub-recipient shall give the United States Department of'Holmellan�d Security(D,HS)�,the Comptroller General ofthe United States, the Texas State Auditor, DPS/SAA, or any of'their duly authorized repire�sentativesi, access to and the right,to exam:in,e all books,accounts, records, reports,,files, other papers,things or property belonging to or in use by,the Sub-reci�pient p�ertai�n�iing to this, Sulb-relcipient agreement including records concerning the past use of DHS/'FEMA funds. Such rights to access shall continue,as long as, the records are retained by the Sub,-recipienit. The Sub-recipient agrees to maintain such records,in an accessib�le location and to,provide citizens reasonable access to such records consistent with the Texas Public Information Act, , and Texas Government Code Chapter 5512. .Inctu-sign in Subcontracts. The Sub-recipient shall include the substance of this Section in all subcontracts., ,,Lggal Alith-on'tv �jgaatory Aulhority. The Sub-irecipien't assures,and guarantees that the Sub-recipient possesses the leg�ial authority to enter in�to this Sub-irecipient agreement, receive Sub-irelcipient agreement funds and to p�erfor,m the services the S,ub-reciplilent has obligated itselft�o perform pursuant to this Su�b-r�ecipie�nt agreement. Autho,riad Rep re se ntlative. The person or persons signing and executing this Slub-reciplie�nt agreement on the Sub-irecipient J,s behalf do warrant and guarantee that',he,1 she or they have be�en duly authorized by the Sub�-reciplient to,execute this,S,ub-rec,i�plieln�t agreementon the Sub-recipient's behalf and to va,lidly and legailly bind the Sub-recipient to:all contractual terms, performances and pro�visions. Q!210fligla io B.Q * �-J§. If conflict exists between federal,state, or local requirements,the sub-recipient shall comply with the strictest requirement. . ,N'Qti'ce of Lff* L*ga _ti:�21n and'Clalml The Sub-recipient shall give DPS/SAA,immediate notice;in writing of any action, including any proceeding before an administrative agency, fi�led against the Sub-irecipient arising out of'the performance under this Su�bi-recipienit agreement Except as otherwise directed by DPS/SAA,the Suilb-recipient shall furnish immediately to,DPS/SAA copies of all d�ocumentatioln or pleadings received by the Sub-recipient with respect to such action or claim. Nw_-W_&ygr of D�efaulft, ANY FAILURE OF DPS/S�AA,AT ANY TIME,TO,ENFORCE OR REQUIRE THE STRICT KEEPING AND PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT WILL NOTCONSTITUTE A WAIVER OF SUCH PROVISION,ANDWILL NOT AFFECT OR IMPAIR SAME OR THE RIGHT OF DPS/S�AA AT AN'Y T'IME TO AVAIL ITSELF OF SAME. A WAIVER DOES NOT BECOME EFFECTIVE UNLESS DPS/SAA EXPRESSLY AGREES TO SUCH WAIVER IN WRITING. ANY PAYMENT BY DPS/SAA SHALL NOT CONSTITUTE A WAIVER OR OTHERWISE IMPAIR OR PREJUDICE ANY RIGHT, POWER,, PRIVILEGE,OR REMEDY AVAILABLE TO DPS/SAA TO ENFORCE ITS RIGHTS,AS SUCH RIGHTS, POWERS, PRIVILEGES,AND REMEDIES ARE SPECIFICALLY PRESERVED. Initial &&0021!!o00e Date PAZ 1A,/I Page 7 OF 17 Inde-MA, r AS PERMITTED BY LAW, SUB-RECIPIENT IPIENT",SHALL INDEMNIFY, DEFEND AND HOLD DPS/SAA AND THE STATE OFTEXAS (INCLUDING ITS DIRECTORS, COMMISSIONERS, EMPLOYEES,AGENTS AND THEIR SUCCESSORS)C ESS RS 11 IIDII' ITEES"' HARMLESS FROM AND AGAINST ANY OF THIS FOLLOWING THAT ARISE OUT OF OR RESULT FROM SUB-RECIPIENT'S,NEGLIGENCE E(ANY AND ALL), FAULT,ACCT, FAILURE TO ACT, OMISSION, BREACH OF THIS AGREEMENT OIL VIOLATION OF'ANY STATE R FEDERAL LAW AND/OR REGULATION,AS WELL AS ANY VIOLATION OF ANY MATTER MADE THE BASIS OF A TREATY AND/OR CONVENTION AND/OR AGREEMENT"BETWEEN THE UNITED STATES AND AN'OTH'ER NATION. CLAIMS; ITS; DAMAGES; LIABILITIES; PENALTIES; TAXES; FINES; INTER STi- EXPENSES INC LUIC ING,WITHOUT LIMITATION,ATTORNEYS"`"FITS, COURT COSTS, INVESTIGATION COSTS AND ALL,DIIRECT'O,R INDIRECT COSTS OIL EXPENSES INCURRED IN DEFENDING AGAINST ANY CLAIM, LAWSUIT, OR OTHER PROC EEDINIGI, INCLUDING THOSE EXPENSES INCURRED IN ANY NEGOTIATION, SETTLEMENT, OR ALTERNATIVE DISPUTE RESOLUTION);ANY AND ALL DAMAGES, HOWEVER CHARACTERIZED,TERIZ D, SUCH AS DIRECT, GENERAL, INCIDENTAL,1 INDIRECT,T,CONSEQUENTIAL, IPUNITIVE, OR SPECIAL DAMAGES OF ANY DINE (INCLUDING LOST REVENUES OR PRO+ FIT , LOSS OF BUSINESS, LOSS OF USE„ OR LOSS OF DATA)ARISING OUT OF OR IN CONNECTION NWITH OR RELATED TO _rHI,B AGREEMENT OR THE RIGHTS PROVIDED,THEREIN.. IN ANY AND ALL CLAIMS AGAINST ANY OF THE INDEI" NITEES BY ANY EMPLOYEE OF THE SU!B-REC IIPIENT OR ANY EMPLOYEE OF ITS SUEC ON�TRAC TO,R(S),THE INDEMNIFICATION OBLIGATION LINKER THIS AGREEMENT WILL NOT BE LIMITED IN ANY WAY BY THE AMOUNT OR TYPE OF DAMAGES COMPENSATION, OR BENEFITS PAYABLE BY OR FOR THE SUB-RECIPIENT OR ANY OF ITS SUBCONTRACTOR(S) UNDER WORKER'S DISABILITY COMPENSATION N'SATIC N ACTS, DISABILITY BENEFITS ACTS, OR OTHER EMPLOYEE YEE BENEFITS ACTS. SUB-RECIPIENT SHALL COORDINATE ITS DEFENSE AND ANY SETTLEMENT WITH THE ATTORNEY GENERAL FOR THE STATE CAF TEXAS AS REQUESTED BY THE DPS/SAA. IN ANY SETTLEMENT, SUB-RECIPIENT MUST NOT MAKE,ANY ADMISSION OF LIABILITY ONTHE PART OF ANY OF THE INDEMNIITEE . THIS SECTION SHALL NOT BE CONSTRUED`TRUI D TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION, CONTRIBUTION OR RIGHT"WHICH ANY OF THE INDEI' NITETS HAVE BY LAW OR EQUITY. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. Changei and Amendments Mri=Amendmgpl. Except as specifically provided otherwise in this Sub-recipient agreement, any alterations, additions or deletions to this Sub-recipient afire ment's terms shall)be made through Grant Adjustment Notices generated by the SA we b-based grants management system and a cecuted by the Parties. of this Sub-recipient agreement's performance KPS S and/or FE MA may issue d" ivies p � � ue oliic� Irect�� hor� period r � shall w n During the per�o � that serve to establish, interpret� clarify this Bub-recipient agreement's performance requirements. Such policy directives, be promulgated by DPSIS or FEMA in the form of Information Bulletins and shall have the effect of qualifying this Sub-recipient agreement's terms and shall be binding upon the,Bulb-recipient as if written in the Sub-recipient agreemient,. in F l wd Staig Laws. Any alterations, additions, or deletions to this Bub-recipient agreement's terms that are required by the changes,in federal and'state(laws or regulations are automatically incorporated iint'o this Bub-recipient agreement without written amendment to this Sub-recipient agreement and shall become effective on the date designated b►such regulation. . In the h�lain or re ulat�on event FEMA or DPS/SAA determines that changes are necessary to the award document after an award has been made, including p p conditions, recipients will be notified of the changes in writing. Once notification has been changes to period of performance or terms and made,any subsequent request for funds will indicate sub-recipient acceptance of the changes to the award. Initial 6006000 Date At, M_vaN Page 8 OF 17 P I i Loadings and captions,of this Sub-recipient agreement's sections and paragraphs are only for convenience and reference. These headings and captions shall not affect or modify this Sub-recipient agreement's terms or be used to interpret cr,assist in the construction cif this dub-recipient agreement.. For purposes of litigation pursuant to this Sub-recipient agreement, venue shall lie in Travis County,Texas, and be governed by Texas Law. Initial &aloel Date 09* Page 9 OF. Sp wcia l Conditions 2010 Operation Stonegaurrden OPSG Specific: 1) The recipient is prohibited from obligating or expending Operation Stonegarden OFG funds provided through this award until each unique, specific or modified county level or equivalent Operational rderFrag Operations Order with embedded estimated operational budget has been reviewed and approved through an officials email notice issued by FEMi A removing this special programmatic condition.The Operations Order approval process/structure is as follows: Operations Orders are submitted to I the appropriate c ustoms and Border Protection,(CB P)Border Patrol hector Headquarters�HQ ; upon a pp roval b the Sector HQ,fo rared through the Border P�at r vl Enforcement Transfer System(BPPTS)system to 2 the OPSG Coordinator, CBI /BIB Washington, DC and upon approval forwarded to 3 Federal Emergency Management Agency FB A , Grant programs 'Directorate GP . Grant'Development and Administration Division G &A . Notification cation of release of programmatic held will be sent by F MA via email to the State Administrative Agency with a copy to O SG Coordinator,at CBP/BFI HQ,Washington DC. Generai a Provisions applicable to,a sub-recipient that is a private entity. i You as a sub-recipient, your employees, may not- 1 Engage in severe forms of trafficking in persons during the period of time that the ward is in effect; 2) Procure a commercial sex act during the period of time that the award is in effect: or 3 Use forced labor in the performance of the award or sub-award under this award. ii We may unilaterally terminate this award,without penalty, if the sub-recipient that is a private entity" 1 Is determined to have violated a prohibition in paragraph 1 a of this award terra; or (2) Has an employee who is determined by the agency official)authorized to terminate the award to have violated a. prohibition of this award terra through conduct that is either:. a Associated with performance under this award;or (b) Imputed to you or the sub-recipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government Debarment and Suspension(pion-procurement),'f as implemented at 2 CFR Part 301010, b Provisions applicable to a sub-recipient that is other than a private entity.We may unilaterally terminate this ward, "without penalty, if the sub-recipient that is a private entity: i Is determined to have violated a prolhibition in paragraph 1 a of thin award,terra„ or ii) Has an employee who:is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph all of this award l term through conduct that is either: 1 Associated with performance under this award"or (2) Imputed to you or the sub recipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 Clip Part 180, `OMB Guidelines to Agencies on Government Debarment and Suspension(Non-procurement),if as implemented,at 2 CFR Part 30 00., c Provisions applicable to any recipient" i You must inform us immediately of any information you received from any source alleging a violation of a prohibition in paragraph al of this award terra. iii) Our right to terminate unilaterally that is described in 1b or 2 of this section- (1) Implements section 106(g)of the Trafficking Victims s Protection Act of 2000 PA , as amended 2.2 I.S.C.7104 g and (2) Is in addition to all other,remedies for noncompliance that are available to us under this award. Initial Date 4744* Page 10 OF 17 Iii) You must include the requirements of 1 a of this award term in any sub-award you make to a private entity. d) Definitions. For purposes oft is award term:. i "Employee"means either: (1) An individual employed by a sub-recipient who is engaged in the performance of the project or program,under this award: or (2) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. ii)i "Forced labor"meanis,labor obt ained by any of the following methods,-the recruitment, harboring,transportation, provision, or obtaining of a person for labor or services,through the use of force,..fraud, or coercion for the purpose of subjection to inivoluntary servitude, peonage!,debit bondage, or slavery, iii), "Private entity" means, (1) Any entity other than a State, local government, Indian Tribe, or foreign public entities, as those terms are defined in 2 CF R 175.25. (2) Includes: (a) A non-profit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2CF'R 175.25(b). (b) A for-profit organization iv) "Severe forms of trafficking in persons,""commercial sex act,"and"coercion"have the meaning given at section 103 of the TVPA,as amended (22,U.S.C. 7102). 2) a) Classified national security information as defined in Executive Order(EO) 12958, as amended, means information that has been determined pursuant to EO 12,958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified,status when,in documentary form. b) No funding under this award shall be used to support a contract, sub-award, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for that access to such information c) Where an award recipient has been approved for andl has access to classified national security,informationi, no funding under this award shall be used to support a contract, sub-award, or other agreement for goods or services that wi:ll,include access to classified national security information by the contractor,sub-awardee,or other entity without prior written approval from the DHS Office of Security, Industrial Security Program, Branch(ISBP), or an appropriate official within,the Federal department or agency with whom the classified effort wwilll be performed. d) Such contracts,,sub,-awards,or other agreements shall be processed and administered in accordance with the DHS"Standard Operation Procedures, Classified Contracting by States and Local Entities,,"dated,July T 200891: EO's,12829, 1112,9�59, 12968, as amended;the Nlational Industrial Security Program Operating Manual(NISP,OM); and or other applicable implementing directives or instruction.All security requirement documents are located at: hftp-//www.dhs/gov/�opn;bi;z/g�rants,/iindex.,shtm., e IImmediartely 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 facillitate the acquisition of such a contract sub-award, or other agreement,,the award,recipient shall contact ISPB, or the appropriate Federal department or agency,for approval and processing instructions. Please fill in the appropriate information and sign. Not Applicable Type Name of Authorized Official Title Sub-recipient Organization, Signature of Authorized Official Date Initial N/A Date, P,agie,1 1 OF 17 EXHIBIT A ASSURANCES-NON-CONSTRUCTION'PROGRAMS As the duly authorized representative of the sub-recipient, I certify that the sub-recipient: 1,. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability(including funds sufficient to pay the non-Federal share of project cost)to ensure proper planning, management and completion of the project described, in this agreement. 2. Will give the Department of Homeland Security,the Department of Public Safety, the Comptroller General of'the United States and, if appropriate,the State,through any authorized representative, access to and the right to examine all records, books, papers,or documents related to the award, and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents,the appearance of personal or organizational conflict of interest,or personal gain. 4.1 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 11964(P.L.,88-352)which prohibits discrimination on the basis of race,color or national origin;i(b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C. §§111681-1683, and 16,85-1686),which prohibits discrimination on the basis,of sex; (c) Section 5104 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.§1§6101-6107),which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; ('f)the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g)§§523,and 527 of the Public Health Service Act of 1912 (42 U.S.C.,§§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et s,eq,.), as amended, relating to nondiscrimination in the sale, rentals or financing of housing;(i),any other nondiscrimination provisions in the specific statutes)under which agreement for Federal assistance is being made; and, 0)the requirements of any other nondiscrimination statutes)which may apply to the application, 7. 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 of 1970 P.L. 91.848)whick provide for fa i r and equitable treatment of persons displaced o r 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. 3. Will comply, as applicable,with provisions of the Hatch Act(5 U.S.C.,§§15011508 and 7324-7328)which limit the,political I activ�ities 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. ".C.§874), and the Contract Work Hours and Safety Standards Act(40 Ul.S.C. §§327-3331)1,regarding labor standards for federally-assisted construction sub-agreements,. 10. Wi�ll comply, if applicable,with flood insurance purchase requirements of Sec,tioln 1012(a)of the Flood Disaster Protection Act of 1973 P.L. 93-234)which requires recipients in a special flood hazard i 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. 911-11 901 and Executive Order(E,O) 11514; (b)notification of violating,facilities pursuant to EO 11738; (c)protection of wetlands,plursu'a nt to EO 11990- (d)evaluation of flood hazard's in floodplains in accordance with,EO 111988; (e)assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 19,72(16 U.S.C. §§1451 et seq.); (f)conformity of Federal actions to State (Clean Air)Implementation Plans,under Section, 1,76(c)of the Clean Air Act of 1955,as amended(42 U.S.C. §§7'401 et seq.), (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L. 93,-523),and, (h) protection of endangered species under:the Endangered Species Act of 1973,as amended(P.L. 93-205). 12. Will comply with the Wild and Scenic,Rivers Act of 1968(16 U.S.C.§§1271 et s,eq.,)related to protecting components or potential components of the national wilI d and scenic rivers system. oft Initial d&j�� Date Page 1 2 OF 17 1; . Will assist the awarding agency in assuring compliance with Section 106 of the rational Historic reser ati n,pct of 1 966, as amended 16 U.S.C. §470), EIO 11593(identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 16 U., MC. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding tl protection of human subjects involved in research, development, and related activities supported by this award of assistance.. 15. Will comply with the Laboratory Animal Welfare Act of 1966 P.L. 9-544, as amended, 7 U.S.C. §§2131 et seq. pertaining to the care,handling, and treatment of warm blooded animals held for research,teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint poisoning Prevention Act(42 Ul.;S.+ . §§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 pct Amendments,of 1996 and OMB Circular No. -133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this p rogi rai . Please fill in the appropriate information and sign. Charles Daniels Type Name of Authorized Official Assistant City Manager Title City of Fort Worth, Texas Sub- c' nt Organization 2't ignature of Authorized fficral Date Initial Date P2&49,s Page 13 OF 17 EXHIBIT B ASS�URANCE,S-CONSTRUCTION:PROGRAMS As the duly authorized representative of the sub-recipient, I certify that the sub-recipient* 1. Has the legal authority,to apply for Federal assistance, aind the institutional, managerial and financial capability(including funds sufficient to pay the non-Federal share of project costs)to ensure proper planning, management and completion of project described in this agreement. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and,, i if aippropri'ate,the State,the right to exami�ne all records, books, pa�pers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission,and instru�ctioins from the awarding,agency.,Wi�ll record the Federal awardi�ng 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 w�ith the requirements,of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering:supervision,at the construction site to ensure t'hat the complete work conforms,with the,approved plans,and specifications and wi�ll furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work,within the applicable time frame after receipt of approval of the awarding agency. T. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes,or prese�nts the alippearance of personal or organ�iz,ational conflict of interest,or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 19701(,42 U.�S.C. §�§4728-47'63)relatin to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A i ?OPMI's Standards for a,Merit System,of Personnel Administration(51 C.F.R.9100, Subpart F). 9. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which proh�ibits the use of lead-biased pain in construction or rehabilitation of residence structures. 10. Will com ply with al I Fed�eral statutes relating to nondiscrim inati�on.,'These i nclude but are not lirn iteld to: (a)Title VI of the C ivil Rig hts Act of 1964(P.L. 88-352)which prohibits discrimi�nation,on the basis of race, color or national origin; (b)Title IX of the Education Amendments of 19,72, as amended(20 U.S.C. §§1681 1683, and 1685-1686),which prohibits discrimination oni the basiis of sex; (c) Section 504 of the Rehab i I itation,Act of 1973, as amended(29)U�.S�.C,.§7'94),'which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 19�75, 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 bas,is of alcohol,abuse or alco,hol,is,m; (g)§§523 and 512,7 of the Public H�ealth Service Act of 19,12 (42 U.S.C. §§2910 dd-3 and 290 ee 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 se,q.):, as amended, relating to niondiscrimination in the sale, rental or financing of housing; (i)any other nondiscrimination provisions in the specific s,tatue(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 Pollicies,Act of 1970(P.L. 91-646)which provide for fa,ir and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal,participation in purchases. 12. Will comply with the provisions of the,Hatch Act(5 U.S.C. §§1501-1508 and 7324-�7328)which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable,with the provisions of'the Davis-Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act(40 U.S.C. i §276c and 18 U.S.C. §874),and,the Contract Wo�rk Hours and Safety Standards Act(40 U.S.C. §§327-333)regarding labor standards for federally-assisted construction sub-ag�reements. 14. Will comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973(P.L. 93-234)which requires reciipients in a special flood hiazard 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. I in i ti a I &Ape-0001 Date 02.o /0* 1.3 Page 14 O�F 17 15. Will comply with environmental standards which may be prescribed pursuant to the following: a institution of environmental quality control measures under the National Environmental Policy Act of 1969 '. ..91 Igo and Executive Order(ECG) 11514; notification of violating,facilities pursuant to E101 11738, c protection of wetlands pursuant to EO 11990; d evaluation of flood hazards in floodplains in accordance with ECG 11988; a assurance of project consistency with the approved State management program developed under the Coastal,done(Management Act of 1972 16 U.S.C. §§1451 elt seq.}; f)conformity of federal actions to Mete (Clean Air)Implementation Plans under Section 176(c)of the Clean Air Act of 1955, as amended 42 U.S.C. §§7401 et seq.); g protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended P.L. 93-523), and, h protection of endangered species under the Endangered Species Act of 1 973, as amended P".L.93-205). 1 . Will comply with the Wild and Scenic livers Act of 1955(115 I.S.C. §§1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 105 of the National Historic(Preservation Act of 1955, as amended(15 U.S.C.§470), E 0 11593(identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 15 U.S.C . §§459a-1 et seq . 15. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1995 and OMB Circular Flo.A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders,, regulations and polilcies governing this program. Please, fill in the appropfiate information s ct sign. Charles Daniels Type Warne of Authorized Official) Assistant City)Manager Title City of Fort Worth, Texas Sub- ci t Organizatio e '" �++ 4 b Ji�nature of;authorized O Rcial Date M Initial 0 Page 15 OF 17 Exhibit C Certifications The undersigned, Charles Dan�iels (print), as the authorized official of Fort Worth, Texas certifies the following to the best of'his/her knowledge and belief. A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person!for influencing; or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment, of modification of any Federal contract, grant, loan, or cooperative agreement. or will be paid to any person for influencing or attempting to B. If any funds other than Federal appropriated funds have been paid influence an officer or employee of 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 her Standard Form-LLL"Disclosure of Lobbying Activities,"in accordance with its instructions C.The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontract,sub-grants, and contracts under,grants, loans) and cooperative agreements)and that all sub-recipients, shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission oft certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28C.F.R. Part,67,for prospective participants,in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal Certification)The Sub-recipient certifies that it and its principals and vendors: 1. Are not debarred,suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a ,State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; S,ub-recipients can access debarment information by going tg=&.epls,ggy and the State,Debarred Vendor List bftp://www.window state.tx.,uslprc h L.,IAAlww.,window.statQtxljarocureingl2tli)lro,glvendor i2erlbrmanceld-ebp ,[Md ,2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered aglain�s,t, them for commission of fraud or a criminal offense,in connection with obtaining,attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property', 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local) with commission of any of the offenses enumerated in paragraph(D)(2)of this certification; and 4. Have not within a three-year period preceding this agreement had one or more public transactions(Federal, State, or local)terminated for cause or default; and 1 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 Subs-recipient certifies federal funds,will be used to supplement existing funds,, and will not replace(supplant)funds that have been appropriated for the same purpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Subl-recipient must comply with 2 CFR Part 180 Subpart C as a condition of receiving grant funds, and sub-recipient must require such compliance in any sub-grants or contract at the next tier. Gi. Will,comply with all applicable requirements of all other federal laws,,executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. H. Drug-free 41 U.S.C. §701 et seq.�—Requires the recipient to publish a statement about its Workplace Act, as amended:, drug-free workplace program and give a copy of the statement to each employee(including consultants and temporary personnel) who well 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 workpllace. For additional information, see 44 CFR Part,17. 10 Initial Date 4941 f o Page 16 OF 17 I. Understands that failure to comply with any of the above assurances may result in suspension,termination or reduction of grant funds. Please fill in the appropriate information nd sign. Charles Daniels Type Name of Authorized Official Assistant City Manager Title City of Fort Worth, Texas sub-rAcl ifht Orga. ization its, �,nature of Authorized Mcial Date, Initial Date Page 1 7 OF 17 City of Fort Worth, Texas M�43'Yor and Counci"I! Co unication ..........COUNCIL ACTION: Approved on 12/7/2010 —Ord.No�. 19472-12-2010 DATE: Tuesday, December 07, 20 W REFERENCE NO., C-246,34 LO,G NAME. 3620 1 OHSGP SUBJECI: Ratify the Application for and Authorize the Acceptance of, if Awarded, an Amount Not to,Exceed $510 1 0,789.091 in Fiscal Year 201 1 0,Homeland Security Grant,Funds from the State of Texas, Division of Emergency Management, Ratify the Execution of all Applicable Grant Contracts, Authorize an Interfund Loan for Fiscal Year 201 l Expendiftires, Authorize the Transfer of Certain Funds and Eligible Grant Costs and Adopt Appropriation Ordinance Iq iq................. Ie IR a IV AP ........0,09 p a f .. .........It 0,f 77A PP in crea,d lot d ti IU e 'Of r'y'a 11 r U r ,e co , I'T g , in /*....a t _u d',111��,1111,;,.............. .............. ' � r Vii,, � • �, tab d mus pill i MA is ml OlOwl Erma OKI ., i � ire I Addlft*Qnal In Juan Ortiz (6,173) -foormati"on Contact,, Eric Carter (2877) E IS 2 H5 , c