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HomeMy WebLinkAboutContract 45088 Texas Department of Public Safety 2013 Sub-Recipient AWAY SECREY'AW for CONTRACT NO. City of Fort Worth 1.General Award]Information Reference/Encumbrance Nos Date of Award:September 20,2013 Prepared By:Gabbart,EE:l SAA Award Number: 13-SR 27000-01 4.Sub-teaci0le t,0eme'ancf Add re S.Federal Grant information Federal Grant Title: Homeland Security Grant Program (HSGP) Urban Areas Security Initiative (UASI) Mayor Betsy Price Federal Grant Award Number: EMW-2013-SS-00045 City of Fort Worth 1000 Throckmorton Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Fort Worth,TX 76102-6311 Date Federal Grant Awarded to TxDPS: September 1, 2013 CFDA: 97.067 6. Award Amount and Errant:Breakdowns Grant Period; DFWA UASI From: To: Sep 1, 2013 Jun 30, 2015 $1,931,000.00 rF a a t receive a invokes by,the end of 9 m wm ao�d�:eC 7.Statutory Authority for Grant:The Department of Homeland Security Appropriations Act, 2013, (Public Law 113-6), 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. 4. 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/ 1Q� Agency A�pr+ivllfs, ;, Approving TxDPS Official: Signature of TxDPS Official: Machelle Pharr Deputy Assistant Director Texas Homeland Security ! �e�► 'I••+" State Administrative Agency Texas Department of Public Safety I have read, understood and agree to this Sub-Recip'lent Agreenm+ent consisting of this Award and the attached Terms,and Conditions. Print name and title of Authorized Sub-Recipient Official: Signature of Sub-Recipient Official: �' �► Mr. Charles Daniels Assistant City Manager 4 City of Fort Worth Enter Employer Identification Number(EIN)or DU umber: y� Signed: d Federal Tax Identification Number: 07317045 T I/V 75-6000528 PICK aloe date ��w �u n or before time DOE DATE: ember 4,,20'13 Signs A��vawmi with'Terniz a��^ud Conditions meat be ret d to AAA w a tr' " µ J. � lty��1�01" "y'C-aysI3 14,1,413 2013 TERMS AND CONDITIONS The Sub-recipient�ll., 1 Fill iv the information and sign the Grant Sub-Recipient 4weot 2. Certify they have read and understand these Terms and Conditionx� 3. Certify bn the statements provided in Exhibits A. B. 0 and D located m/the back nf this document byfilling in contact information and signing all exhibits, and 4. Return all documents via email to SAA_SRA@dpsAexas.gov on or before the date provided in the transmittal letter andlor in this grant. Grant Sub-re. ipient Agreemen This Grant Sub-recipient A ament(uonuiuhmqofthie2O13GrontSub-recipient Awan]ondth*oeTonnoondCoodiduns)iomaduond onVeedinto by and between the Dopa�montu�Public Safety/Texas Homeland Security State Administrative Agenoy. an agency of the State nfTexan. hereinafter referred toam''DPS/TMGSAA.^and the funds recipient, hereinafter e*errodtoau the''Sub-rooip�n�or "Sub-grantee." Furthermore, }PS/TMSSAA and the Sub-recipient are collectively hereinafter referred toan the^Pertioa.^ This Grant Sub-recipient Agreement(SRA), or otherwise referred to herein as"this Grant"or"this Agreement", ioomlyanofferunh|Sub'moipient 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 FY2013 Homeland Security Grant Program (HSGP)funding | important | in the implementation of the National Preparedness System (NPS)by supporting the building,sustainment,and delivery of core capabilities essential to achieving the National Preparedness Goal (PG) all be used for statutorily � planning, organization,equipment,training, d i d that prevent, m���against, mitigate, �d r�o�,�� �� ��� rrvrio and other events. This program provides an integrated mechanism that builds and sustains core capabilities oosupport the Nation's Preparedness against terrorist attacks, major disasters, and other emergencies. The FY2013 Nonprofit Security Grant Program(NSGP)funding |oyo an important role i the implementation of the National P md System(NPS)by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined in the NGP. NSGP provides funding support statutorily eligible costs to include 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. It is also designed to promote coordination and collaboration in emergency preparedness activities among public and private community representatives, as well as State and local government agencies. Sub-recipient may not assign or transfer any interest in this Grant without the express, prior written consent ofDPS/TMSGAA. |f Sub-recipient issues subawards as part of this Grant project, Sub-recipient shall include and require its subawardees to comply with the terms and conditions of this Grant. The term"Sub-mnipient agreement funds"as used in this Grant means funds provided by DPS/THSSAA under the United States Department of Homeland Security(}HS)Federal Emergency Management Agency(FEMA)grant programs(also referred to herein as DHS/FEMA). The term"Sub-recipient's funds"or match funds as used in this Grant means funds provided by the Sub-recipient. Overview and Pedonnance Standards All mllm*mfiwwwm�duse of funds Under o��Granoohm11 hminmc*wn�mooe with the FY 2013 Fundimr Opp°rx�n�«sAnmoummmmmcnt(�0A)for the Fmdwr�V�,a�o��tic s�neffimd onnb�Gran�mnd imeUoFY%013 FOA ��o»n*vpoma*n��ywm�nm�me b�ei". Sub-ecipimntahmUread, undo��nd and a000ptMheFY�ulx Funding Opportunity Announcement eabinding. Standard�Performance Sub-recipient shall perform all activities and projects entered into the D S/THSSAA web-based grants management system which are approved byDPS/THSSAA. Any change toa project shall receive prior written approval by the appropriate local, regional and state-level granadminiutnotor(o). Sub-moipientohaU 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\oam"Exhibit A^ 2. Amouranoeo—Cuns\rudion Pmgnumo, hereinafter referred to as"Exhibit B" 1 Certifications, hereinafter referred toan"Exhibit C^ 4. State of Texas Assurances, hereinafter referred toan"Exhibit D^ Failure to Perform In the event Sub-recipient fails implement the DPS/TM6SAA web—based grants management system, or comply with any provision o/this Grant, Sub-recipient shall on liable murSfTnou**for an amount not m exceed the award amount of this Grant and/may bo barred from applying for receiving additional DHS/FEMA gran program funds orany other grant program funds administered by DPS until repayment to DPSITHSSAA is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure totimely implement projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by DPS. Environmental Revie S b U le t shall assess its federally fu d d projects for potenflat isnpact to environmental resources and historic propedles. Sub.,recilplent shall subuilt art reclutredscreerking fonn(s)as soon as possibW and shall comply with deadlines established by OPSITHSSAA.Timelines for t4e Environmental Phanning and $,ilstaric Preservation(EHP)review process will vary based upon the complexity ofthe projert,and the potential for onvironimental or t0storical Impact. Sub-reciplent shall include su,01cient review time within its project management plan to comply with EHP requirernersts. tajjWkn giltty Page 2 OF 18 Sub-recipient, as soon as possible upon receiving its grant award,shall provide information to DPS/THSSAA to assist with the legally-required EHP review and to ensure compliance with applicable EHP laws and Executive Orders(EO)currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it,with all supporting documentation, to DPS/THSSAA for review.These EHP requirements include but are not limited to 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 Obligations A. DPS/THSSAA shall not be liable to Sub-recipient for any costs incurred by Sub-recipient that are not allowable costs. B. Notwithstanding any other provision of this 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 refund to DPS/THSSAA 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 DPS/THSSAA within thirty(30)days after DPS/THSSAA requests such refund. E. Notwithstanding any Other provisions, the Parties hereto understand and agree that DPS/THSSAA's obligations under this Grant are contingent upon the receipt of adequate funds to meet DPS/THSSAA'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 At,mr.11WDAMUIW9-dAm-alLrkim-wmqmiltftau2f"tla[L,,,U.,.uL�Mft$LtP-L)-PII,TM,aA&.Y.VHIALLIhfLRAL19MI,,'AUgLggl,I.Qt Sub-re 1plent shall have expended all grant fund's X01 submitted reimbursement requests,and any invoices,in that DRSITHSSAA grant management system by the end of the performance period„ DPS/THSSAA shall not be obligated to reimburse expenses incurred or submitted after the performance period. Uniform Administrative Requirements. Cost Principals and Audit Requirements Except as specifically modified by 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 to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of 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-102 Common Rule); 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations(OMB Circular A-110). 3. 44 C.F.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-21) 3. 2 C.F.R. Part 230, Cost Principles for Non-Profit Organizations(OMB Circular A-122) 4. 48 C.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. D. Grant Guidance(Funding Opportunity Announcement) Sub-recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2013 Funding Opportunity Announcement and supplemental resources for the HSGP currently available at Ill 4 - / and the Nonprofit Security Grant Program(NSGP), Page 3 OF 18 c` Q_HS Specific Acknowledgements and Assurances m Sub-recipients hall comply with the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 —Financial Assistance Award Standard Terms and Conditions(January 10,2011),which is incorporated by reference herein. DHS requires those standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financial assistance awards' I r 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 by DHS. 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 to this grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub-recipient shall submit timely, complete,and accurate reports to the appropriate DHS 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 on grounds 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. Operation Stonegarden (OPSG,) Specific Conditions if Sulbb reclplent Is receiving Operation Stonegaralen(OPSG)funds,Sub-irecipient'is pirohlbi°ted frorn obligating or expending OPSG funds provided through this Grant until each unique,spec fic,or nrodiifled coup level,tribal or,equivalent Operations Order or Fragmentary Order has Ibeein reviewed and approved by official ivoifficatfon by F MA and Customs and Border Protectlon order° Patrol(CBPIBP),Each Operations Order will be transferred via the secure portal(CBP/BP)BPETS 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 OPSG Program Office for final review/approval. Official notification of approval will be sent by FEMA via email to DPS/THSSAA and CBP/BP HQ in Washington, D.C. 1. Sub-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. If Sub-recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a request for an overtime waiver shall be submitted through the Integrated Planning Team. 4. Sub-recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the campaign plan. 5. Sub-recipient shall only initiate tactical operations after the specific Operations Order(s)are approved through the Border Patrol Headquarters and by FEMA, and the DPSrrHSSAA 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 Management, State Administrative Agency Information Bulletins, available at irector staff/saa/iafo0]3afio0 it Texas Uniform Grants Management Standards(UGMS)at and the State Administrative Agency Sub-recipient Manual, available at ient Sub-recipient shall, in addition to the assurances and certifications,comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations,executive orders, OMB circulars, terms and conditions of 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. 2. Grant funds may not be granted to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or parry. page 4 OF 18 3. Granfundsmeymdbeexpended toa unit uf local government unless the following limitations and reporting requirements are oehufi*d: 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 Code Sections 558.004. 558.005 and 556.006, including not using any money or vehicle h/support th candidacy of any for office not influencing negatively the L �anorg�Vo political o for- --|---- purpose-, and not using grant funds m influence the passage gmfeaoY|e g|o|aUuninc|udinUnouooishngwiMhthefundinQofa|obbyiat' o/ using grant funds to pay dues hoan organization with e registered lobbyist-, o. Texas Government Code Sections 2113.012 and 2113.1O1 including not using grant funds Vo compensate any employee who uses alcoholic beverages on active duty plus Sub-recipient may not use grant funds W purchase analcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act,Art. IX, Section 6.13 requiring Sub-recipients to make every effort to attain key performance target levels associated with this grant award, including performance mi|eo(oney, milestone time frames,and related performance reporting requirements; and *. General Appropriations Act, Art. IX, Sections 7.O1 and 7.02, and Texas Government Code 82182.0091. including grant funds may only be expended if Sub-recipient timely onmp|ohae and fi|ma its reports. Restrictions and General Conditions A Use H8 grant funds may only used for the purposes set forth in this Grant, and shall bm 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 nugu|oVmry orodjudicotory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. B. or attempt to influence an officer or employee of any agency, Member Y Congress, m cer or employee of C | fa Member of Congress in connection with any Federal action concerning the award ur renewal o[any Federal contract, grant, loan, cooperative agreement. These lobbying prohibi(i may bn found a(31 U.G.C�01352. Further, Sub-Recipient understands and agrees that it shall not use any federal funds,either directly orindirectly, in support uf the enactment, repeal, mud)fioaUonor adoption of any law, regulation, or policy, ut any level nf government,without the express prior written approval ofFEMA. C. Sub-recipient is prohibited from transferring funds between,grant programs(such as SHSP. UAS\,andOPGG) without a properly executed QAN. D. Federal employees are prohibited from serving in any capacity(paid or unpaid)on any proposal submitted under this Grant. Federal employees may not receive funds under this Grant. E. Cost Catecories. There may be limitations on the use of HSGP funds for the categories of costs listed below. For additional details on restrictions nn the use nf funds, refer tn the FY2O13HSQPFDA.Appendix C. Funding Guidelines. 1. Management and Administration 2. Planning 3. Organization 4, Equipment 5. Training 0. Exercises 7. Maintenance and Gustainmont & Critical Emergency Supplies 9. Construction and Renovation F, Governing Board Arwroval. |n cases where local funding is established by a COQ or an Urban Area Security Initiative(OAO|) governing buand,the release of funds by DPS/THSSAAincontingent upon funding allocation approval by the governing board, G notices or communications required or permitted tobegiven by either party hereunder shall be deemed sufficiently given if mailed b registered mail or certified mail, return receipt requested, oreontbyovnrnightoourier. ouohauFedera|ExproasorLnno8iar.k/ the other party od its respective address. For notice toDPS/THSSAA see address set forth below. For Sub-recipient, see the address listed on the Grant Sub'RooipimntAwordpageorPointofCon|actaddnauu|ie0edfurtheSub'recipientin(hoDP8/TMSGAAGrmntoManogoment System (SPARS). DIPSITIHISSAA Contact Information �Deputy Assistant Director I t::AC10 FIVI neland Security State Admin. Agency jTexas Department of Public Safety P.O. Box 4087 H. Points of Contacts Within 3O days of any change,Sub-recipient shall notify DPS/TH8SAAof any change n/correction to the chief elected official, program, and/or financial points of contact in the DPSfTHSSAA grant management system. Page 5 OF 18 I. DUNS Number. Sub-recipient confirms its Data Universal Numbering Systems(DUNS)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. Central Contractor Registration and Universal Identifier R a lirements. Sub-recipient maintains that it has registered on v4mu.QaWy, VjW&AM,ao,VJ or other federally established site for contractor registration,and entered DPS/-r SSAA-required information. Sub-recipient shall keep current, and then review and update the CCR information at least annual) Sub-recipient shall kee p 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 vend or/subawardee's mandatory DUNS number. See section .210 of OMB Circular A-133,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 DPS/THSSAA 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 al - i Unless the basis of the cost plan changes, Sub-recipient only needs to forward the annual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed to SA A SRA ll,'",raps„texas. ov . The Sub-recipient name shall be included in the file name and subject line of the email transmittal. L. Reporting Total Compensation of Sub-recipient Executives.2 C.F.R. §170.320; see FEMA Information Bulletin 350. 1. Applicability and what to report: Sub-recipient shall report whether Sub-recipient received$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 to report: Sub-recipient shall report executive total compensation at .cor.gov,_wmL1amg9yJ, 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. If Sub-recipient has not received HSGP reimbursements from DPS/THSSAA within the past eleven (11) months(prior to date of award), it shall forward a new/updated direct deposit form to DPSrrHSSAA. Completed direct deposit forms from Sub-recipient shall be emailed to The email subject line and attachment name shall include the jurisdiction name and identify the document attached(i.e."Sample County DD form").The direct deposit form is currently available at f' - Sub-recipient may simultaneously sign up for the Advance Payment Notification (APN)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 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 44 C.F.R. §13.36. O. 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. 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 W22 Q. Management and Administration. If this Grant includes a specific award of funds to Sub-recipient for management and administration (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 r, 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(PRICE)of Homeland Security Act(Public Law 110-412). In general, use of HSGP funding to pay for staff and/or contractor regular time or overtime/backfill,among other items, are considered personnel-related costs. Sub-recipient may request a waiver to the 50%personnel cap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at SAAfliding,texal Requests for waivers shall be submitted on official Sub-recipient letterhead and be signed by an authorized official of Sub-recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379. S. Property Managgment and Inventory. At least every two(2)years, Sub-recipient shall take a physical inventory and shall reconcile the results with property records. Sub-recipient shall maintain Property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number,the source of property,who holds title,the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property,the location, use and condition of the property, and any ultimate disposition data including the date of dis osal 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 property funded under this Grant. T. Publications.All publications produced as a result of funding under this Grant,which are submitted for publication in any magazine, journal, or trade paper,shall include the following: "This material is based upon work supported by the U.S. Department of Homeland Security.The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies,either expressed or implied, of the U.S. Department of Homeland Security." 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. Page 6 OF 18 K Use of DHS. DPS. and DPS/THSSAA Seals and Non-Endorsement Sub-recipient shall obtain DHS, DPS,or DPS/THSSAA'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. Copyright, Sub-recipient shall comply with requirements regarding publications or other exercise of copyright for any work first Further,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.&C. §401 or 402 and an acknowledgment of Government sponsorship(including award number)to any work first produced under this Grant. We 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 DpsrrHSSAA and/or ' E°~""""^°"" Reports are entered into"the grants management (2um)day after the end of each calendar quarter: January 20, April 20,July 20 and October 20;or as otherwise specified or required by unm/nSS*a DPSITHSSAA may require other reports or different timelines to meet federal reporting dates m0o respond to information requests. Failure tn timely complete a performance report will result in Sub-recipient being unable\n request additional reimbursements/advances and may affect future funding. Y DHS and/or DPSITHSSAA,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. |fany site visit io made b DHS on the premises of Sub-recipient o,o contractor under this Grant, Sub-recipient shall provide and shall require its contractors to provide oUroauonallofac||iUenandoaoiotanooh»rtheaofetyandoonvenienoeo(the government representatives inthe 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 Riahts 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 | f \access to Sub-recipient's s Meaningful access may entail providing language assistance services, including oral and written translation,where necessary. Sub-recipient ie encouraged 0o consider the need for language i for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations,go AA. Protection of Human Sub'ects. 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 13); 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. National Flood Insurance Act of 1968. Sub-recipient shall comply with the requirements of Section 806 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 Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act),which amends 18 U.S.C. §§175-175c. 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. Fly America Act of 1974. Sub-recipient shall comply with the requirements of the Preference for U8 Flag Air Carrie Travel supported by U.S.government funds requirement,which states preference for the use of U.S. flag air carriers(air carriers holding certificates under 40U.S.C.§411O2)for international air transportation of people and property to the extent that such service io available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C.§4011O)and Comptroller General's guidelines. EE 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 obtained. FF. Trafficking Victims Protection Act of 2000, 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. Page,mm OPS/|HSSAAis authorized{o terminate this award, without penalty, if the above condition is violated. Sub-recipient�n ohaUindud*th� oond�onin any nubawandaorcorkmdah makes moonmuhcf th�GmnLFuU��of�eewond0ann �is provided at~ 2'C.FR. §175.15. GG Sub-recipient shall comply with the requirements of Titles LU. and III of the Americans with Disabilities Act,which prohibits recipients from discriminating nn the basis nfdisability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 42U.8.C. g012101-12213, MH shall notify DPS/THSSA\nf any workshops, conferences, seminars or other public venues m least one hundred(lOO days before poesonhngany po�ndaUynonm�ivoinYormuhonmgandingthis pn�eo� NooanoiUveinformadon may be presented by�8ub-ecipiontm'personnel without DPS/TMSOA8 and the DHS Grants Officer's review and prior written approval, U Sub-recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2)co/ondarduym m Sub-recipient pomQmaomowmnsmf any security with individuals having access to government facilities or sensitive information, |n the event that sensitive information indivulged in violation nfGub'mcipienYosecurity procedures, Suh-moipiordahaUimmodimio�nuU� �eDPS�HSS/�\Deputy Assistant Ui�oorand take app�phahalaw enfonmmen(and�legal action. JJ. Classified Security Condition 1 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. 2. "Classified national security imhunnaUon^as defined in Executive Order(EO) 12958, on amonded, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 8. Where an sward recipient has been approved for and has access toclassified national security inharmehon, no funding under this award shall be used(o support a contract, nub-mward' 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 uf Security, Industrial Security Branch Program (}8BP). oran appropriate official within the Federal department or agency with whom the donoifiwdeffort will bo performed. 4 Such contracts,sub-mwordn or other agreements shall be processed and administered in accordance with the DHS"Standard Operation Procedures, Classified Contracting b States and Local Entihem^dated July 7. 2008: EO'a 12829, 12958. 12868. as amended; the National Industrial Security Program Operating Manual(NISPOM),- and/or other applicable implementing directives or instruction,All security requirement documents are currently located at: 5 Immediately 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. DHG Office of Security}GPB contact information:Telephone: 202447'5340, Email: DD254AdminiotraVv*S . Mail: Department cf Homeland Security, Office uf the Chief Security Officer,ATTN:ASD/Industrial Security Program Branch, Washington, DC. 20528 K who U Personally Id i8 ble Information F1\)shall have blica |.whether itshares PU with third individuals their P11 corrected where appropriate. G aaa useful resource the S and LL. accordance with Section Gnf the Hotel and Motel Fire Safety of1O8O. 15Q�.C. Sub-recipient shall ensure that all conference, meeting, convention, or training funded in whole orin part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C.§2225. MK False Claims Act and Proaram Fraud Civil Remedies, Sub-recipient shall comply with the requirements oy31U.S.C. §372Q which set forth that nm recipient of federal payments shall bmit a false claim for payment. See also 38U.&C. 038O1'0812 which details the administrative remedies for false claims and statements made. NN. Duolication of Benefits, State, Local and Tribal Sub-recipients shall with 2CFN Part§225.Appendix A, paragraph C which provides that any cost allocable tno particular Federal award or cost objective under the principles provided for(n this authority may not be charged ho other Federal awards 0u overcome fund deficiencies. Other Requirements A. During the performance period of this Grant, Sub-recipient,counties, cities,towns, and Indian tribes shall maintain on 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 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 TDEIVI. B. Projects identified and approved i the DPSr[HSGAA web-based grant management system must identify nd relate\mthn 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, ouqpunxoumomom. narratives and budget urzx/nuS*x and FEm*(if required)for approval prior to expending or requesting advances of any funds for this Grant. b'reci shall enter appropriate project milestones intothmDPS/THSS/A web-based grants management syshemwithinUOdayoafte /d or by the deadline established hyDP0/THS8AA.whichever insooner. Sub-recipient shall report on projectatotunandaucomp|iahmantm(mi|eotuneaandou{puta/outoomoo)inthehmnnmKo)andUmmhumeoem required byDP8/THSBAA. C. During the performance period of this Grant, Sub-recipient shall: 1 Participate in legally-adopted county and/or regional mutual aid agreement. 2, Implement the National Incident Management System (NIMS) in a manner consistent with the NIMS Implementation Objectives outlined by FEMA at 1 1 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. D. Regional Planning Commissions/Council of Governments (COGS)shall follow guidelines listed in the DPS/THSSAA FY2013 COG Statement of Work. Monitoring Sub-recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements,timelines, milestone completion, budget, and other program-related criteria are met. DPS/THSSAA, or its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring of Sub-recipient's compliance with this Grant and of the adequacy and timeliness of Sub-recipient's performance pursuant to this Grant. After each monitoring visit, DPS/THSSAA shall provide Sub-recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in Sub-recipient's performance under this Grant, the monitoring report shall include requirements for the timely correction of such deficiencies by Sub-recipient. Failure by Sub-recipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. Audit 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 C.F.R. 13.26). Sub-recipient shall comply, as applicable,with Texas Government Code, Chapter 783, the Uniform Grant Management Standards(UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. Right to Audit. Sub-recipient shall give the United States Department of Homeland Security(DHS), the Comptroller General of the United States,the Texas State Auditor, DPSlTHSSAA,or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of grant funds received and performances rendered under this Grant. Sub-recipient shall permit DPS/THSSAA or its authorized representative to 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 any costs disallowed pursuant to any financial or compliance audit(s)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 to 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 DPSJTHSSAA 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 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 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 DPSrfHSSAA 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 Department of Homeland Security, the Comptroller General of the United States,the Texas State Auditor, DPS/THSSAA, 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 Sub-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 subcontracts. After Action Reporting. 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. Le9@1 Aythodof Signatory Authority. Sub-recipient assures and guarantees that Sub-recipient possesses the legal authority to 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 and executing this Grant on Sub-recipient's behalf do warrant and guarantee Page 9 OF 18 that he/she has been duly authorized hy Sub-recipient Vu execute this Grant unSub'nacipient'a behalf and\o validly and legally bind Sub-recipient hz 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 Notice of Litigation and Cla' Sub-recipient shall give DPG/TlHSGAA immediate notice|n writing o 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 DPSfTHSSAA, Sub-recipient shall furnish immediately to DPSTTHSSAA copies of all documentation or pleadings received by Sub-recipient with respect to such action or claim. No Liability for EmPloy-e-es and Officers DPSrrHSSAA 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 ufDPG/TH8G/V\. at any time, \o enforce or require the strict keeping andpedorman000fan i i of this Grant shall not constitute m waiver ofsuch provision, onduhaUno1affeoturimpairoomeurthmrightofDPS/TH88AAmfanyUmetoavmi|i\ooKofoame. A waiver does not become effective unless DPSfTHSSAA expressly agrees to such waiver in writing. Any payment byDPQfTHS3AAshall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce its right», ox such rights, pmwero, privMog*o. and remedies are specifically preserved. Chancies and Amendments Modification FEMA or DPS/THSGAA may modify this Grant after an 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 to this Grant by Sub-recipient io not valid. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts,shall bo made through mn executed Grant Adjustment Notice(GAN). Authority to Amend During the period of performance for this Grant, DPOTTHS8/V\and/or FEMA may issue policy directives that serve Um establish, interpret or clarify this Grant's performance mquinemonto. Such policy directives shall be promulgated byDPG/THS8AAorFEK4A in the form of Information Bulletins and Sub-recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Sub-recipient as if written in this Grant. 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 DPSTTHSSAA 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. HeadLaa Headings and captions of this Grant convenience and reference. These headings and captions shall not affect o/modify the terms and conditions or be used to interpret or assist in the construction of this Grant. Venue Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State/fTexas. Sugpension \n the event Sub-recipient fails Vn comply with any term uf this Grant, DPG/THSG/A may, upon written notification ko8ub-nmipiont, suspend this Grant, in whole or in part,withhold payments to Sub-recipient and prohibit Sub-recipient from incurring additional obligations of this Grant's funds. Termination DP3/TH3S/V\mhmUhavothorightVoh*nninmVethimGrant. inwho|*orinpa¢ a\an time be/omthawndofUnePorfonnunoePoriod. if DPSfTHSSAA determines that Sub-recipient has failed to comply with any term of this Grant. DPGTTHSG/V\shall provide written notice nf the termination and include: 1. The reaeon(a)for such Vaoninahon� 2. The effective date of such termination;and % |n the case o(partial termination, the portion of this Grant Nbeterminated, Appeal may be made to the Deputy Director of Homeland Security,Texas Department of Public Safety. Page 10 OF 18 Enforcement If term of this Grant,whether stated in a federal mstate statute or regulation,an assurance, in a state plan or application, a notice of award, m elsewhere, DPS/THSSAAorDH3 may take one mmore of the following actions, as appropriate|n the circumstances: 1, Temporarily withhold cash payments pending correction of the deficiency by Sub-recipient or more severe enforcement action by DPS/THSSAAorDHS . 2. Disallow,that is, deny both use of funds and matching credit for,all m part of the cost uf the activity or action not inoomp|ianon� 8. Wholly nr partially suspend orterminate this Grant for Suh~nedpionysprogram: 4. Withhold further awards for the pmgram� or 5. Take other remedies that may be legally available. In taking en enforcement action, DP81THGGA\will provide Sub-recipient an opportunity for a hearing, appeal, nr other administrative proceeding to which Sub-recipient is entitled under any statute or regulation applicable to the action involved. The costs nfSub-recipient resulting from b\ig h incurred by Sub-recipient during a suspension or after termination of this Grant are not allowable unless DPSfTHSSAA or DHS expressly authorizes them in the notice of suspension termination nrsubsequently. Other Gub'nmipientooets during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were property incurred by Sub-recipient before the effective date of suspension ortermination, are not in anticipation of it, and in the case of a termination, are non-cancellable-, and 1 The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and tenninaVon,do not preclude Suh~raoipimnthnm being subject ho"Debarment and Suspension" under E.0, 12549. 44 C.F.R. §13.35. Conflict of Interes 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 of the Gran A, DP8/THSSAA will close a sub-award after receiving Sub-reuipionynfinal quarterly 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 ct |coatmmmwavdmodi8oahonsondpaymmntm. If the close out review and reconciliation indicates that Sub-recipient is owed additional funda. DPS/THSSAAwiU send the final payment automatically to Sub-recipient. If Sub-recipient did not use all the funds received, DPSfTHSSAA will issue a Grant Adjustment Notice(GAN)to recover the unused funds. Sub-recipient will return the funds tothe 0PS/THSSAA within 3O days of receiving the GAN. 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 mquiements, property management requinements,and audit requinomonts, as set forth herein;and 4. Any other provisions of this Grant that impose continuing obligations nn Sub-recipient or that govern the rights and limitations of the parties\o this Grant after the expiration or termination of this Grant. Please fill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print Name of Authorized Official Mr. Charles Daniels Title Assistant Ci Manager Sub**opientOrgmnizotinn City of Fort Worth S"Wature of Authorized Official Date Page 11 OF 18 EXHIBIT A ASSVRANCES- NON-CONSTRUCTION PROGRAMS See Standard Form 424B Ao the duly authorized representative of8ub-moipienk. |certify that Sub-recipient: 1. Has the authority to apply fo 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 ofU eland Security, the Department«[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, mr 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 of197U(42 U.S.C. §§47 na(odng to prescribed standards for merit systems for funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5C.F.R. SO0. Subpart F), 0 Will comply with all Federal atat ba | ti 1u nondiscrimination.These include but are not limited 0n (a)Title N of 0h 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 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 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 ofThleo ||and III of the Uniform RolocationAmoistancoondRee\P rty 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, applicable, with provisions of the Hatch Act(5 U.S.C. §O15O1-15O8 and 7324-7328>which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 0 Will comply, as applicable,with the provisions f the Davis-Bacon A�(4OUS.C. §0270etu27 7 Copeland Act(4OU.S.C. §276u and 18U.GC 8 4 ' ond(heCon1redVVorkHouraond8ahatyStendardmAc\(40U.S.0 §U327-S33). regarding labor standards for hadonmlly-oauietmd construction sub-agreements. 10. Will comply, if applicable,with flood insurance purchase ro i nh*mfSodion1O2(a)of the Flood Disaster Protection Act of1073 (P,L9 -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$18.00Oormore. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a}inndtudonofenvirommentakqumhy control m asures under the National Environmental P li Act oY19O9(PL 91-190 as amended by 42 U.S.C.4511e\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 11990-1 (d)evaluation of flood hazards in floodplains in accordance with EO 11988", (e)assurance of project consistency with the approved State management program developed d the Coastal Zo Management Act of 1972 (16 U.S.0 U01451 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; (g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended(P.L. 93-523)-1 and, (h)protection of endangered species under the Endangered Species Act of 12. Will comply with the Wild and Scenic Rivers Act of1908(1OU.G.C. §§127leteeq.)related to protecting components orpotential components of the national wild and scenic rivers system. 13 Will assist the awarding in h g 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-1ataeq.>. 14. Will comply with P.L93-348.45C.FR. 46, and DHS Management Directive 02O-O44( regarding the protection ufhuman subjects involved in research,development, and related activities supported by this award. ^Rasea,ch^"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|n 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. 15. Will comply with the Laboratory Animal Welfare Act of1860(zl.OS-544. aa amended, 7U8.C. §§2131n1eeq.)which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used im 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 Page 12 OF 18 Principals Regarding the Care and Use ofAnimals 16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42U.G.C.§§48O1etweqj which prohibits the use uflead-based paint io construction or rehabilitation uf residence structures. 17� Will cause tobo performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No.A-133."Audits ofStates, Local Governments, and Non-Profit Organizabunm." 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 ofAuthorized Official Mr. Charles Daniels Title Assistant Cit Manager Sub-recipient Organization City of Fort Worth gv!Tture of Authorized Official Date Page 13 OF 18 EXHIBIT ASSURANCES-CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Sub-recipient, I certify that Sub-recipient: 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. Will give dn Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of,ur change the terms of the real property dUoorntherinVareatin1hmoiVaandfad|idomwithout permission and instructions from the awarding agency.Will record the Federal awarding agency directives and will include a covenant inthe title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life uf the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans ondapmcifiootioneandwiUfurniohpmgnenoiwarepoUranduuohoUhorinhonnadoneamaybansquinudby the assistance awarding agency orState. O, Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7� Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict oy interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of197U U.S.C. §04728-4763 relating to 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(5C.F.R. SOV. Subpart F). o. Will comply with the Lead-Based Paint Poisoning Prevention Act(42U�S.C. 0D40O1egoeq.)which prohibits the use of lead-based pain in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination.These include but are not limited to: (a)Title VI of the Civil Rights Act oY19O4(PL 88-352)which prohibits discrimination on the basis of race, color or national origin; |Xof the Education Amendments of 1972, as amended(20 U.&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.&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 of 1970(P.L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation inpurchases. 12 Will comply with the provisions of the Hatch Act(5U�S.C.§§15O1'15O8 and 7324'7328)which limit the political activities ofemployees whose principal employment activities are funded in whole nrinpart with Federal funds. 13. Will comply, as applicable, withtho provisions of the Davis-Bacon Act(4oU.G.C.8§27O 276a-7), Copeland Act(4VU.S.C. §27Oo and 18U,SC §874 / and the Contract Work Hours and Safety Standards Act(4OU.S.C. §§32T-333)regarding labor standards for federal|y'onniahod construction oub'agmementn. 14. VWU comply with flood insurance purchase requirements ofSeution102(u)mfthoF|oodDimao{erPro0actionAotof1gY3(p.L88-234) 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 io$1U.00Vormore. 15 Will comply with environmental standards which maybe prescribed pursuant Vothefollowing: 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; (b)notification of violating facilities pursuant to EO 11738; (c)protection of wetlands pursuant to EO 11990-1 (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 AirAct 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). 16. VW||rompywiththeVN|dandSoonioRivemAo\of1S88(18U.S.C.0D1271m\naqjro|atedtmpruVectingoumponentoo/potenda) components nf the national wild and scenic rivers system, 17� Will assist the awarding agency in assuring compliance with Section 1UGof the National Historic Preservation Act of1OOS as amended (identification properties), w i*u).�nd\he8rohaeo|ogioalandHimtorio Pronma�ionAct of Page 14 OF 18 1974(16 U.S.C. 58409a-1 atooq). 18. Will cause Vube performed the required financial endcomp|ianunaudhoinoccordmncmwhhthmGinglmAuditAo Amendments uf19S6 and OMB Circular No,A,133. "Audits ufStates, Local Governments, and Non-Profit Organizo¢iono." 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 B if applicable~ Print Name of Authorized Official Mr. Charles Daniels Title Assistant City Manager Sub-recipient Organization City of Fort Worth SibRatufp ofAuthorized Official Date Page 15 OF 18 Exhibit C Certifications The undersigned, ss the authorized offioio/. certifies the following(o the best nf his/her knowledge and belief, A No Federal appropriated funds have been eid or will id b attempting to any person for influencing ur influence an officer~ employee°'a—"agency, *Member u/Congress, mn officer ormm |—' of Congress, — p|oy ee o/eMemb^r"f Congress i"connection with the awarding w any Federal contract, the making of any Federal grant, the making of the entering into many cooperative agreement, and the extension, onntinuahon, renewal, amendment, or modification m any Fodora|conhamtgnant, loan, or xvvp��nvoag�ament. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence on officer ur employee of any agency, a Member uf Congress, a�n officer orremployee of Congress, or an m Member Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the u^~~'"a' ~"shall complete and submit Standard Forrn-LLL Disclosure of Lobbying Activities, in accordance its instructions. C The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all sub-awards at all tiers(including subcontract, sub-grants,and contracts under grants, loans, and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction kn byoeodoo �35n'an��1-/ entered'into. Submission~this certification si"p=' for ""=gmexn'mmwmmmnanuacovn . , u.a Code./v/yy:mvnwho�osmn�me �qunm certification shall be subject tna civil penalty ofnot less than$1D.DDO and not more than$10lOOO for each such failure. D As required by Executive Order 12548. Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary md1nanum�ions. am defined ut28C.FR. Pu�O7. Section O7.51U. (Federal Ca�ihm�ion) The ou(h��it and i�phnoipo|nand vendors: � Sub-recipient Are not debarred, Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Sub-recipients can access debarment information by &0 v or wtw_aam_M 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 be used to supplement exi h funds, and will not replace(supplant)funds that have been appropriated for the same purpose. Sub-recipient may Uo required Vm supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub-recipient must comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and sub-recipient must require such compliance in any sub-grants or contract at the next tier. G. Drug-free Workplace Act, mo amended,41USC §7O1et Requires the recipient tw publish o statement about its drug-free workplace program and give a copy of th e statement t (including |tots and temporary personnel)wh 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 hisnot delinquent on any Federal debt, Examples mf relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments.See OMB Circular A-129 and form SF-424, item number 17 for additional information and guidance. i Sub-recipient will comply with all applicable requirements of all other federal}awa, executive ordam, mgu|admnm, program and administrative requirements, policies and any other requirements governing this program. J. Sub-recipient understands that failure 1ocomply 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. Ph N1r. Print . Charles Daniels Title Assistant City Manager Sub-recipient Organization City Vf Fort Worth ,%Snature of Authorized Official Date Page 16 OF 18 EXHIBIT State nf 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~'the governing body or to any other officer or employee authorized to employ f affinity or the third degree of consanguinity(o any member of 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 ooUaotedomoomWed. ur maintained by the Sub'mdpien\ro|ahvotoapr�e/�v�Uba available hmthe public duhngnormal business hnuminoomp>�nue with Texas Government Code, Chapter 552. unless otherwise expressly prohibited bylaw. D. Shall comply with Texas Government Code, Chapter 551)which requires all regular, specio| or called mooUngoofgovernmental bodies tobe open to the public,except aa otherwise pmvidodby law nr specifically permiModint�e 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. 6. Shall not contract with or issue o license, certificate, orpermit to the owner, operator,or administrator ofe facility if the Sub-recipient io o health, human services, public safety,or law enforcement agency and the license, permit, nr certificate has been revoked byanother health and human services agency o/public safety or law enforcement agency, 8 Shall comply with all rules adopted b 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 ioin the process of achieving compliance with such rules if th*Sub'moipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances.When incorporated intnmgren\ovvorduroontract. n\andandamounoncoeoon1oinndintheapplimdinn package become terms or conditions for receipt of grant funds.Administering state agencies and sub-recipients shall maintain on appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGK4SSection .36 for additional guidance on contract pmvioiono) — 8. Shall comply with the Texas Family Code, Section 2O1 101 which requires reporting f 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. 8. Shall comply with all federal statutes relating tonondiscrimination. These include but are not limited to: (o[Title V|of the Civil Rights Act of1884(P.L. 88'552).which prohibits discrimination on the basis ofrace, color, or national ohgin� (b) Title|Xuf the Education Amendments of1S72 ao amended(2OU3.C. 001O81-1O83.and 1O85-1ODO).which prohibits discrimination on{hebaoisofwox1oXSocdon 504 of the Rehabilitation Act nf1973 em amended(2SUSC §784) which prohibits discrimination on the basis nf 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.&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; (0 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. 10. Shall comply,an applicable,with the i i of the Davis-Bacon Au OUSC §@276ak/276 '7 .\heCup*|endAot(40 U3.C� §270o and 18U.S.C, §874 the Contract Work Hours and Safety Standards Act(40 U,S.C. §§327-333). regarding labor standards for federally assisted construction oubagnmmenta, 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L. 81-646) which pmvidofor fair and equitable treatment ofpemuno displaced orwhose io acquired ouo result nfFedom|orhodem\� assisted programs. These requirements apply N all interests in real property acquired for project purposes regardless ofFederal participation inpurchases. 12. Shall comply with the provisions of thaMatohPo|ihoa|ActivityAd(5U.G.C1§§T321-2S).whioh |imitthopn|ihca\ootivityofemp|nyeea whose principal employment activities are funded in whole orin 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 of1870. aaapplicable. 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 (EPA)list nf Violating Facilities and that b will notify the Federal grantor agency o the receipt nf any communication from the Director of the EPA Offiueof Federal Activities indicating that e facility hubo used in the project io under consideration for listing by the EPA(EO11738). 15.Shall comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of1973. Public Law g3'234. Section 1D2(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 on acquisition proposed foruominmnyaroathothaobeonidondhodbytho Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a)institution of environmental quality Page 17 OF 18 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 of1S08(1OU1C. §§7271 etseq.)related»o protecting components orpotential components o,the national wild and scenic rivers eyatem> 18. Shall assist the awarding agency in assuring compliance with Section 10Oof the National Historic Preservation Act nf|9�O as amended (1GU.S.C�>470 . EO115Q3(idomhfioahnn and pmte'�inmnfhietohcpmpedieo). and the Archaeological and Hinturi--msewadon A��of 1Q74(1OU.G.C. §D409a-1mtmaq.). -' 19. Shall comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544, as amended, 7 U.S,C, §§2131 *t which minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported oommerciany. or emhibi�dho�e public according to the Guide for Camand Use ofLabo��ry Animals and Public HemKhSamicePolicy and Qovemme�t Principals Regarding the Care and Use oyAnimals. 20. Shall comply with the Lead-Based Paint Poisoning Prevention Act(420£C. §§4801eusoqj which prohibits the use oflead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro-Children Act of1394 (Public Law 103- 77)' whichpmhihhsomoNngwiOA|nmnyportionofanyinduorted|dy used for the provision mf 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 federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as Executive described in Entities ineligible for federal procurement have Exclusions listed at 25. Shall adopt and implement appUcablepmvimionem[mmmode|H|\VA)DSwmrkp|aooguide|ineeofdhmToxmoDmpartnondofHnmKham required by the Texas Health and Safety Code, Ann.. Sec. 85.001. etseq. Please fill in the appropriate information and sign to certify this Exhibit D. Print Name nf Authorized Official Mr. Charles Daniels Title Assistant City Manager City of Fort Worth 12 MIL VZre of Authorized Official Date Page 18 Of Is � �� 0 ��"�Jy ��° Fort w �� ��" w°°� Texas ��������U� ����=� ��`��0N���m"N �����0��/�N�)00 ����������u�u�� N��N�m �� m�"m ��m ��0 �'°m�'��mm��NN ��'n�"mmmm � m��� m0��������mm � COUNCIL ACTION: Approved mo1@/22/2083 —Ordinance No.21009-10-2013 DATE: Tuesday, October 22.20|3 REFERENCE NO.: **C-26516 LOG NAME: 3620138SG9 SUBJECT: f\u&udze Application, and if Awarded, Acceptance of the Fiscal Year 2013 Homeland Security Grant from the State o[Texas, Texas Department of Public Safety inthe Amount of$2.853,324.33. Approve Execution of All Applicable Grant Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: Dio,0000mnendcd that the City Council: \. Authorize the application and, i[awarded, the acceptance ofun award io the amount upto$2.853,324.33 of Fiscal Year 2013 Homeland Security Grant Funds from the State of Texas, Texas Department of Public Safety consisting of: *Urban Area Security Initiative grant,Catalog Federal Domestic Assistance (CFDA) No. g7.A67: $1,93 1,000.00; wDrhoo/\coaDocurityInihudvcgcuui—LmmEnborccmeutTeoodunnyrcvendonAotivkieu`CFD/\ No. 97.067: $780.300.00; °Urban Area Security Initiative grant—Management and Adndoixtrub*:Activities, CfDANo. 97.007: $142,024.33 2. Authorize the execution of all applicable grant contracts; and 3.Adopt the attached appropriation ordinance increasing estimated receipts and appropriations io (6n{}rantm Fund in the amount of$2.853,324.33. subject to receipt o[the award. DISCUSSION: The United States Department of Homeland Security (DHS) through the State of Texas,Texas Department of Public Safety awards grants to jurisdictions across the state to enhance local capabilities to prevent, respond to and recover from acts of terrorism and natural disasters. The Urban Area Security Initiative (UASI) grant program encourages jurisdictions to strengthen local and regional preparedness efforts and to seek benefits uvuUah\e through cooperative action. Funding awarded as part of the 2013 UASI and UASI Law Enforcement Terrorism Prevention Activities (LETP/Q program grant will be used by City public safety and diousic,support organizations to maintain and improve the oonununity'ocapacity 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 in the areas of threat assessment, risk reduction, capability uustoiomon[, plan development,public education and training. This grant has no local match requirement. FI,NCAl INEORMATION 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 036442678000 $1.931.000.00 GR76 (5 VARIOUS) 036442678010 $1.931.000.00 GE76 451217 Oa6442679000 1780.300.00 GR76 5(VARIOUS) 036442679010 $780.300.00 GR7� 451217 036442680000 $142.024.33 GR76 5(VARIOUS) 036442680010 $142.024.33 CERTIFICATIONS: Submitted for City Manager's Office by: Charles Daniels (6199) Ori 'mating Department Head: Rudy Jackson (6805) Additional Information Contact: Pat Vasquez (6525) Juan Ortiz (6173) ATTACHMENTS 1. 2013 HSGP Award Letter Final 09202013.12df 2. 36 2013 HGSP A014.doc 3. Fort Worth City of—2013 UASI LE.pd 4. Fort Worth City of—2013 UASI M and A.odf 5. Fort Worth 013�pf— 2013 UASI.pdf FORTWO,RTH Fire Department Office of Emergency Management ROUTING AND TRANSMITTAL SLIP October 23, 2013 i Subject: 2013 Homeland Security Grant Program award Initials TO: 1. Juan Ortiz (For review) 2. Pat Vasquez (For review) k 3. Rudy Jackson (For review) C 4. Leann Guzman (For approval and signature) 5. Charles Daniels (For signature) Original to: City Secretary Copy to State Administrative Agency OEM Accounting The attached 2013 Homeland Security Grant Program award was approved by Council on October 22, 2013. Along with the UASI, UASI LETPA and UASI M&A grant agreements, I have attached the acceptance M&C for reference. Please review and forward once approved. City Secretary: Please send a copy to Eric Carter via e-mail once executed for forwarding to the State and Accounting.