HomeMy WebLinkAboutContract 45089 Texas Department of Public Safety
r
2013 Sub-Recipient A401NMAW
j' for COWMCT Mo.
r City of Fort Worth
1.denerai Award Information Reference/Encumbrance No:
Date of Award.,September 20,2013 Prepared By: Gabbart,Steven 3.SAA Award Number: 13-SR 27000-02
4.50-Reciplent Name and Address 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:Girant Breakdowinal
Grant Period:
DFWA UASI
LETPA From: To:
Sep 1, 2013 Jun 30, 2015
$780,300.00 (ThoSAAmust recWwa aH,arunaw:uces by dm prod our ek.awe pmaH0di
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.
9. Debarment/Suspension Certification:The Sub-Recipient certifies that the sub-recipient and its contractors/vendors are not
debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do
not have active Exclusions listed at https://www.sam.gov/portal/public/SAM/
0' Aoency Appr ' ;.
Approving TxDPS Official: Signature of TxDPS Official:
Machelle Pharr
Deputy Assistant Director
Texas Homeland Security
State Administrative Agency
Texas Department of Public Safety
I have read, understood and agree to this Sub-Recl pie rrt Agreernent 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 R1,
City of Fort Worth
Enter Employer Identification Number(EIN)or DUNS Number: I& igned:
Federal Tax Identification Number: �'""
75-6000528 073170 e 4-. 13
DUE O Fµ m igned A aaurd with Terms and c I et ned to'2A g+rrate . -rI efore tire
dire dm, rw.i
rITY V iiw uu' Y
i 8 2013 Miry rl ity �"
2013 TERMS AND CONDITIONS
TheSubecipient shall:
/. Fill in the information and sign the Grant Sub-Recipient Award;
2 Certify they have read and understand these Terms and Conditiomu
3. Certify to the statements provided in Exhibits A. B, C and D located n(the back of this document ty filling in contact
information and signing all exhibits, and
4. Return all documents via email to SAA-ISRA@dps.texas.gov, on or before the date provided in the transmittal letter andlor
in this grant
Grant Sub-recipient Agreement
This Grant Sub-recipient Agreement(consisting of this 2O13 Grant Sub-recipient Awo,dandtheoeTurmeondCondihone)iomadeond
entered into by and between the Department of Public Safety/Texas Homeland Security State Administrative Agency, of the
State ofTaxaa. hereinafter re#ar�dtoaa^DPS/THSS&A.^and the funds vecii t. hmnoinm#errehsrrwdtoaothm^Gub-redn�nYor
"Sub-grantee." Furthermore, DP8/THGG/�^and the Sub-recipient�aooUeoGvo�hon*inoMer�hunedtoeetho^Pu�iea.^�ThioGnsn\
Sub-recipient Agreement(SRA), or otherwise referred to herein as"this Grant"or"thi . im only en offer until Sub-recipient
returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub'n*cipientAwand.
The FY3O13 Homeland Security Grant Program (HGGP)funding plays 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(NPG)of a secure and resilient Nation. HSGP funding shall be used for statutorily eligible costs related to the planning,
organization,equipment, training, and exercise needs that prevent, protect against, mitigate, respond to, and recover from acts of terrorism
and other catastrophic events. This program provides an integrated mechanism that builds and sustains core capabilities to support the
Nation's Preparedness against terrorist attacks, major disasters, and other emergencies.
The FY2O15 Nonprofit Security Grant Program (NSGP)funding p|o an important / in the implementation of the National P d
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 ortransfer any interest in this Grant without the express, prior written consent ofDPG/TH8GAA. |f
Sub-recipient isaueauubaweodoaapartufthioGrontpnojoct. Sub'rmdpientahaUindudeendmquimikyoubawordeee0000mplywiththe
terms and conditions of this Grant.
The term^Sub-mcipient agreement h/ndo^aauuedinthioGmntmeanxfundapmvidodbyDP8/THS8AAunder1heUnitodStoVea
Department of Homeland Security (DHS)Federal Emergency Management Agency(FEMA)grant programs(also referred to herein as
DHS/FEMA). The term"Sub-recipients funds"or match funds as used in this Grant means funds provided by the Sub-recipient.
Overview and Performance Standards
Aft mlloravionianti Use of'funds kinder this Grwmummafl be in with the FY 2013 Vundhq�Opportunity Anmounmenmflo(FOA)for the
Federal rwpx'Fifle s�wcified an this Gmaw,andmuch FV2013 FOA is incorporated bymwferemwolwxtkw. Sub-recipient shall read, understand
and accept the FY2O13 Funding Opportunity Announcement aobinding.
Standard of Performance Sub-recipient shall perform all activities and projects d into the D S/TH8SAA web-based grants
management system which are approved byDPS/THS8AA. Any change t project shall receive prior written approval bythoappmprioto
local, regional and state-level grant adminiutratur(s). Sub-recipient shall perform all activities in accordance with all terms, provisions and
requirements set forth in this Grant, including but not limited to the following Exhibits:
1. Assurances-Non-Construction Programs, hereinafter referred t000"Exhibit A"
2. Assurances-Construction Programs, hereinafter referred tomm"Exhibit E"
1 Certifications, hereinafter referred toas"Exhibit C^
4. State of Texas Assurances, hereinafter referred toaa"Exhibit O"
Failure to Perform In the event Sub-recipient Sub-recipient fails implement h e project(s)entered and approved in the DPSfTHSSAAweb-based
grants management system, or comply with any provision of this Grant, Sub-recipient shall be liable to DPS/THSSAA for an amount not to
exceed the award amount of this Grant and max be barred from applying for or receiving additional DHS/FEMA grant program funds or any
other grant program funds administered by DPS until repayment to DPS/THSSAA is made and any other compliance or audit finding is
satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future
funding in additional DHS/FEMA and/or other grant programs administered by DPS,
Environmental Revie
Sub-reciplent shall assess its federally funded rojects for,potential impact to environniontall resources and historic properties.
Sub-recipient shall submilt an required screenrlig forrn(e)as siolon as plossible and simll comply with deadlines established by
DPSITHSSAA, Tiryweli 4e EnvIronmerital Planning and Histolic Preservation(04P)roview proicess will va based upon the
complexity of tile Froject and the Potential for environmental or tflstarical impact. Sub-rec 1plent shall Include 1111clent review
Unie within its pro act managerykent plan to comply with EF4P requirements,
Page 2 OF 18
Sub-recipient, as soon as possible upon receiving its grant award, shall provide information to DPSrFHSSAA 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
UL
Sub-reciple nt funds Aj3d subrrmlttod reimbursement requests,and any Invoices,In the DPS THSSA,A
grant manag Cant syatsnm by bs emmat of time performance perlod. 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
Security rant Pro ram NSG m . 7 4 and the Nonprofit
g C P),
Page 3 OF 18
OHS Specific Acknowledgements and Assurances
Sub-recipient shall 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, f 1 ' _ n _ i
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.
1 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 Sub-recipient is receiving Operation Btonegarden(OPSG)funds„Bub-recipierrt is prohibited from obligating or expending OPSG
funds provided through this Brant until each unique,specific„or modified county level,tribal or equivalent Operations Order or
Fragmentary Order has been reviewed and approved by official notification by FEMA and Customs and border Protection/Bordem,
P^atrof(C'B'PfdP),Each Operations Order will be transferred via the secure portal (CBP/BP)BIDETS system from each respective AOR
Sector HQ to CBP/BP HQ in Washington, D.C., for review and pre-approval for Operational continuity,then forwarded to FEMA GPD/PGD
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 DPS/THSSAA 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
inf orI]]aJjgI1 bu11eJjU Texas Uniform Grants Management Standards(UGMS)at
goveEpgr,s1g it, and the State Administrative Agency Sub-recipient Manual, available at
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 party.
Page 4 OF 18
l Grant funds may not be expended to a unit of local government unless the following limitations and reporting requirements are
satisfied:
o. Texas General Appropriations Act,Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government
employees;
b Texas Government Code Sections 55GO84 566005 and 556.006, including not using any money mrvehicle tu support tha candidacy
of any person for office; not influencing positively or negatively the payment, loan, or gift to a person or political organization for a political
purpose-, and not using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist,or
using grant funds to pay dues to an organization with a registered lobbyist;
c Texas Government Code Sections 2113.O12 and 2113.1U1 including not using grant funds Vocompensate any employee who uses
alcoholic beverages un active duty plus Sub'nacipiontmoy not use grant funds Vo purchase an alcoholic beverage and may not pay ur
reimburse any travel expense for an alcoholic buvemQa�
d. Texas General Appropriations Act,Art. IX, Section 6.13 requiring Sub-recipients to make every effort 10 attain key performance target
levels associated with this grant award, including performance milestones, milestone time frames, and related performance reporting
requirements; and
o. General Appropriations Act,Art. IX, Sections 7.O1 and 7.02 and Texas Government Code§21D2.00S1. including grant funds may only
be expended if Sub-recipient timely completes and files its reports.
Restrictions and General Conditions
A Use funds may only used for the purposes notfurthinthiaGrant. anduhaUbenonaio0an1withthoa\atutory
authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or
intervention in Federal regulatory uradjudicatoryproceedings. |n addition, Federal funds may not be used tu sue the Federal government
ur any other government entity.
B or attempt to influence an officer ur
employee of any agency, Member of Congress, r8 cer or employee of Congress, uranomp|oyeoofoMemborufCongromnin
connection with any Federal action concerning the award mrrenewal of mn Federal contract,grant, loan, cooperative agreement. These
lobbying prohibitions may bo found ut31 U.S.C. §1352. Further,Sub-Recipient understands and agrees that it shall not use any federal
funds, either directly or indirectly, in support uy the onmctmont �pmo| modi�cadonoroduptinnofany/awregu|ahonorpn|icyat any level
of government,vvithou1the express prior wri#onapproval uf�EMA. ' ' ' '
C. Transferring Funds. Sub-recipient is prohibited from transferring funds between grant programs(such as SHSP, UASI, and OPSG)
without a properly executed GAN.
D, Federal Emoloyee Prohibition. 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 Categories. There may be limitations on the use of HSGP funds for the categories of costs listed below. For additional details on
restrictions on the use of funds, refer to the FY 2013 HSGP FOA,Appendix C, Funding Guidelines.
1, Management and Administration
2. Planning
3. Organization
4. Equipment
5. Training
0. Exercises
7. Maintenance and Buntoinment
8. Critical Emergency Supplies
0. Construction and Renovation
F. Governina Board Aporoval. In cases where local funding is established by a COG or an Urban Area Security Initiative(UASI)
governing board,the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governing board.
G All notices orcommunicodomomquiredorponnittedVobmgivonbyoitherpartyhemunderohaUbedoemodauffioientlyQivmn
if mailed by registered mail nr certified mail, return receipt requested, or sent by overnight courier, such ao Federal Express or Lone Star, o
the other party at its respective address. For notice to DPSITHSSAA see address set forth below. For Sub-recipient,see the address listed
on the Grant Sub-Recipient Award page or Point of Contact address listed for the Sub-recipient in the DPSITHSSAA Grants Management
System(SPARS).
Deputy Assistant Director
Texas Homeland Security State Admin. Agency
Texas Department of Public Safety
.0. Box 4087
in,TX 78773-0220
M. Points of Contacts. Within 3O days of any change, Sub-recipient shall notify DPS/THSSAA of any change or correction to the chief
elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system.
Page 5 OF 18
| its Data Universal Numbering is the number listed on this Grant.
The DUNS digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or
J
&mLaAM,SQyL or other federally established site for contractor registration, and entered DPS/THSSAA-required information. Sub-recipient
shall keep current,and then review and update the CCR information at least annually. Sub-recipient shall keep information current in the
CCR/SAM database until the later of when it submits this Grant's final financial report or receives final grant award payment. Sub-recipient
agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/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 approval. "C - - ' means the Federal agency responsible for reviewing,
negotiating, and approving t allocation plans indirect t proposals developed under 2CFR Part 225 on behalf of all
"u~ '~e" OMB publishes"listing the basis mthe
cost plan changes, Sub-recipient the annual Indirect Cost Rate approval letter\oUPS/TMSS/V\within 8Ocalendar
days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall haomoiled
to SAm_.SR&4!),dpm.teaam.gov . The Sub-recipient name shall be included in the file name and subject line of the email transmittal.
L 2C.F.R. y17O.32O; see FEMA Information Bulletin 350.
1 kmbi/dy and what honepn�� Sub-recipient shall report whether Sub-recipient received$25 million or more inFederal procurement
contracts or financial assistance subject to the Transparency Act per 2CFR 8170320 �ub-recipient shall report whether 80%or more of
"""'.e^wiev`°annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub-recipient wnra
yes"to both questions, Sub-recipient shall report, along with Sub-recipient's DUNS number, the names and total compensation (see 1T
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 sh ||report executive
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. DirectDeposit If Sub-recipient has not received HSGP reimbursements from DpsrrHSSAA within the past eleven(11) months(prior
to date of award), it shall forward a new/updated direct deposit form to DPSITHSSAA. Completed direct deposit forms from Sub-recipient
shall be emauvnm AA ng The email subject line and attachment name shall include the jurisdiction name and identify the
document attached(i.e. 'Sample ountyDD form").The direct deposit form is currently available at
bM-llwww.windoV.Sta Sub-recipient may simultaneously sign up for the Advance Payment Notification
(APN)omui|feature which provides State ofTexas payees with annn'buuinonm-day advance notice that adirect deposit payment has been
sent Voits financial institution.After receiving an APN, a payee may securely access its payment details online.
N 8 shall comply with all applicable federal, state, and local laws and requirements, including but not limited
Vo proper oompehdvexo|ioi(edonpmcenoaswhereequinad. hnranypmouemmnkxvhichuti|izoxfedora|fundoawardodundorthis6nentin
accordance with 44C.F.R. §13.50�
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 Mh 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
"Exo|uaiono''by reviewing the vendor/subovvondaa entity information at
O If this Grant includes u specific award of funds to Sub-recipient for management and administration
(N&A), Sub-recipient shall comply with all applicable requirements and limitations with respect hoK8&A. For additional information onM&A.
refer Vn Information Bulletin 3O5 located at
R. Personnel Cap, Up to fifty percent(50%)of all HSGP awards received by Sub-recipient may be used for personnel and
person no| ra|ated activities ao directed b the Personnel Reimbursement for Intelligence Cooperation ondEnhanoemont(PR|CE)of
Homeland Security Act(Public Law 11O'412). |n general, use ofHSOP funding Vo pay for staff and/or contractor regular time or
owartime/bauk0).among other items,are considered person no|-m|atedcosts. Sub-recipient may request o waiver to the 5UY6personnel
b submitting a waiver request through its respective regional council or urban area working group to DPSfTHSSAA at
Requests for waivers shall be submitted on official Sub-recipient letterhead and bo signed byan authorized official
ofSmb+mcipienL Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379.
S reconcile
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 disposal and sale price of the property. (See sample inventory record format at
htto,2MMJxd 'sta*11111111 /directg"Ir staff/s, audit-xid_comUUaaoJ2m )Sub-recipient shall develop and implement a control system to
prevent loss,damage or theft of prop"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,
journTI or trade paper, shall include the following: "This material is based upon work supported by the U.S. Department of Homeland
SecurJty.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."
V S comply Federal funding when
issuing statements, ma releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in
whole orin part with Federal funds.
Page 6m^o
K Use gf QH�. QE�.and DPS/TH�SAA geals and Non-Endorsement Sub-recipient shall obtain DHS, DPS, or DPSrFHSSAA'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.
Ni Copyright. Sub-recipient shall comply with requirements regarding publications or other exercise of copyright for any work first
produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by
the Government(e.g., classified information or other information subject to national security or export control laws or regulations). For any
scientific,technical, or other copyright work based on or containing data first produced under this Grant, including those works published in
academic,technical or professional journals, symposia proceedings, or similar works, Sub-recipient grants the Government a royalty-free,
nonexciusive and irrevocable license to reproduce, display, distribute copies, perform,disseminate, or prepare derivative works, and to
authorize others to do so, for Government purposes in all such copyrighted works. Sub-recipient shall affix the applicable copyright notices
of 17 U.S.C.§401 or 402 and an acknowledgment of Government sponsorship(including award number)to any work first produced under
this Grant.
Further, Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-free, non-exclusive,and irrevocable
license to reproduce, publish,or otherwise use, and authorize others to use, for government purposes: (1)the copyright in any work
developed under an award or sub-award-,and(2)any rights of copyright to which a recipient or Sub-recipient purchases ownership with
Federal support. Sub-recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are
purchased with this funding.
X. Quarterly Performance Reports.. Sub-recipient shall submit performance reports and progress reviews per DPS/THSSAA and/or
FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth(20th)day after
the end of each calendar quarter:January 20,April 20, July 20 and October 20,- or as otherwise specified or required by
DPS/THSSAA. DPsrfHSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information
requests. Failure to timely complete a performance report will result in Sub-recipient being unable to request additional
reimbursements/advances and may affect future funding.
Y. Site Visits DHS and/or DPSfTHSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits
to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any
site visit is made by DHS on the premises of Sub-recipient or a contractor under this Grant, Sub-recipient shall provide and shall require its
contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the
performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work.
Z. ply with the requirements of EO 1
Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination
includes discrimination on the basis of limited English proficiency(LEP). To ensure compliance with Title VI, Sub-recipient shall take
reasonable steps to ensure that LEP persons have meaningful access to Sub-recipient's programs, Meaningful access may entail providing
language assistance services, including oral and written translation,where necessary. Sub-recipient is encouraged to consider the need for
language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For
assistance and information regarding LEP obligations,go
A& 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.
1313. National Flood Insurance Act of 1968, Sub-recipient shall comply with the requirements of Section 1 Flood
Insurance Act, as amended,which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of
a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State
or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63.
CC. USA Patriot Act of 2001, Sub-recipient shall comply with the requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act),which amends 18 U.S.C.§§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 U.S. Flag Air Carriers: 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 4SUGC 02>for inVema8ono|air hanopo�ohono(people �d h — ('h 'euohoer�oe�avai|ab� in
accordance whhthe |�e,n°oi`naiAir Tmnopo��iooFair Com� �kmPrmoUoasAct of�974(49 U.S.C. §40118)and Comphn|�rGmn��o
guidelines.
E Sub-recipient shall comply with the requirements that project carried nnoutside the United
States are coordinated as necessary with appropriate government authodties and that appropriate licenses, permits, or approvals are
obtained.
FF.
government-wide award term which implements Section 106(g)of the Trafficking Victims Protection Act(TVPA)of 2000, as amended(22
U.S.0 §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 7 OF 18
UP8/TH8G4A is authorized to terminate this award,without penalty, if the above condition is violated. Sub-recipient shall include this
condition in any subawards or contracts it makes as a result of this Grant.Full text of the award term is provided at 2C.F.R, D175.15.
G Sub-recipient shall comply with the requirements of Titles LU. and III of the Americans with
Disabilities Act, which prohibits recipients on discriminating on the basis ufdisability in the operation nf public entities, public and private
transportation systems, places of public accommodation, and certain testing entities. 42U.S.C. 0012101-12213.
HH shall notify DPS/TH8SAAof any workshops, conferences,seminars
other public venues at least one hundred(100)calendar days before presenting any potentially sensitive information regarding this project.
No sensitive information may be presented by Sub-recipients'personnel without DPS/THSSAA and the DHS Grants Officer's review and
prior written approval.
U. Security ConcernsNiolations Sub-recipient shall inform the THSSAA's Deputy Assistant Director in writing within two )calendar dayo
mu being me aware of any security concerns with individuals having access to government facilities or sensitive information.
In the event that sensitive information is divulged in violation of Sub-recipient's security procedures, Sub-recipient shall immediately notify
the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement 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. ^C|oosihod national security information"as defined in Executive Order(EO) 12958, as amended, means information that has been
determined pursuant NEO12058oronypred000eoorordorhomquimpmteotionogainmtunouthnrizeddioduaumand )amorkedhoindice0o
its domeifiodstatus when in documentary form.
D. Where onaward recipient has been approved for and has access to classified national security informohon, no funding under this
award shall bo used to support econtract, sub-award, or other agreement horgoodsoruami000(hatwi||ino|udeooceao1od000i8adna<iono|
security information bf the conhaotnr, oub-owardeo, or other entity without prior written approval from the DHS Office of Security, Industrial
Security Branch Program(ISBP),or an appropriate official within the Federal department or agency with whom the classified effort will be
performed.
4. Such contracts, eub-awardo or other agreements shall be processed and administered in accordance with the DHS"Standard
Operation Procedures, C|aaa\8od Contracting by States d Local Entities,"dated July 7, 2008: EO'a 12828, 12958/ 12908, as amended;
the National\nduetrio|8enuhtyProgramO U Manual(NI,SPOM); and/or other applicable implementing directives or instruction.All
requirement documents are currently mooted at:
5. Immediately \be used to support such a contract,
sub-award,or other agreement,and prior to execution of any action to facilitate the acquisition of such a contract sub-award,or other
agreement,the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and processing
instructions. DHS Office of Security|GPB contact information: Telephone:2O2A47-5346. Email: DD2548dminiohoivo5 . MoU:
Department of Homeland Security, Office of the Chief Security Officer,ATTN:ASID/Industrial Security Program Branch, Washington, DC. 20528
N Best Practices for Collection and Use of Personally Identifiable Information (PII), ub-recipients wh || Personally|d h0 b�
|n�nnudnn(PU)shall have mpub|ioo|k+availaNa privacy policy that describes what PUit collects, how ituses the PU.whether it shares PU
with third parties, and how individuals may have their Pil corrected where appropriate. Sub-recipients may also find ooa useful resource the
DHS Priva / and
LL. Hotel and Motel Fire Safety Act of 1990, In nnoawith Section 8uf the Hotel and Motel Fire Safety of1UQO. 15U.S.C.
Sub'reoipiertahe||ensure that all oonhorenna, moo0nV, convention, or training space funded in whole or in part with Federal
funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15U.8.S. 02225,
MM. False Claims Act and Proaram Fraud Civil Remedies. -r*dpimntohaUoomp| with the requirements U.S.C. 8372Q which set
hm�hMh��no recipient of federal payments shall submit o false claim for payment. See also 38U.8.C. 038O1'3812 which details the
administrative remedies for false claims and statements made.
NN. Duplication of Benefits, State, Local and Tribal Sub-recipients shall comply with 2CFRPart§225.Appendix A. paragraph(C)(3)<
which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may
not bo charged ha other Federal awards ho overcome fund deficiencies.
Other Requirements
A During the do hmJ of thi Grant, Sub-recipient, counU cities, and Indian tribes h U maintain an Emergency
Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency
Management(TIDEM). This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an
inter-jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in Sub-recipient's
plan, Sub-recipient shall correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM.
B. Projects
objectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub-recipient shall submit
project plans, milestones,outputs/outcomes, narratives and budget to DPS/THSSAA and FEMA(if required) for approval prior to expending
or requesting advances of any funds for this Grant. Sub-recipient shall enter appropriate project milestones into the DPS/THSSAA
web-based grants management system within 60 days after award or by the deadline established by DPS/THSSAA,whichever is sooner-
Sub-recipient shall report on project status and accomplishments(milestones and outputs/outcomes)in the format(s)and timeframes as
required by DPS/THSSAA.
C. During the performance period ofthis Grant, Sub-recipient shall:
1� Participate inm legally-adopted cuunty and/or regional mutual aid agreement.
2. Implement the National Incident Management System (NIMS)in a manner consistent with the NIMS Implementation Objectives
Page oo,m
outlined by FEMA at
3. Be a registered user of the Texas Regional Response Network(TRRN)(or other response asset inventory management system
specified by DPS/THSSAA)and shall identify, resource type, and credential all major deployable resources such as vehicles and trailers,
equipment costing$5,000 or more, and specialized teams/response units equipped and/or trained using grant funds(i.e., hazardous
material,decontamination, search and rescue,etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant
funded resources available to other jurisdictions through mutual aid.
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.
ui
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, DPS/THSSAA,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 DPSrrHSSAA 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 DPS/THSSAA may require of Sub-recipient. Sub-recipient shall ensure that this clause concerning the authority to audit
funds received indirectly by subcontractors through Sub-recipient and the requirement to cooperate is included in any subcontract it awards.
State Auditor's Claus. 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 Accessibilify 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 DPS/THSSAA 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.
Legal Authority
Sionatory 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 16
that he/she has been duly authorized by Sub-recipient this Grant onSub'reopionYo behalf and ho 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 Claims
Sub-recipient shall give DPG/THGSAA immediate notice in writing u any action or claim, including any proceeding before onadministrative
agency,filed against Sub-recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub-recipient
shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub-recipient with respect to such action or
claim.
No Liabilij)e for Employ—ees and Officers
DPS/THSSAA 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 of DPS/THSSAA, at any time,to enforce or require the strict keeping and performance of any | i of this Grant shall not
constitute a waiver ofsuch provision, and shall not affect orimpair same or the right ofDPS/THGSAAmtmnydmehzevoi|itse|fofoome. A
waiver does not become effective unless DPS/THSSAA expressly agrees to such waiver in writing. Any payment byDPS/THSSAAshall
not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPSrTHSSAA to enforce its
hghts, as such hghto, powaru, privi|egoo, and remedies are specifically preserved.
Changes and Amendments
Modification FEMAorDPG/TUSSAA may modify this Grant after an award has been made. Once notification has been made inwriting,
any subsequent request for funds indicates Guh-reoipienCo acceptance mf the changes to the award. Any alteration, addition, or deletion to
this Grant by Sub-recipient im not valid.
Written Amendment A|tero\iuna, additions or deletions to this Grant, such as changes to period of performance and award amounts,shall
Uo made through an executed Grant Adjustment Notice(GAN).
Authority to Amend During the period of performance for this Grant, DPSTTHSSAA and/or FEMA may issue policy directives that serve to
establish, interpret orclarify this Grant's performance mquimments. Such policy directives shall be promulgated byDPS/THSSAAorFEMA
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 mmif written in this Grant,
Effect of Chanaes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that 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 DPSITHSSAA determines that changes are necessary
to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Sub-recipient shall be
notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Sub-recipient's
acceptance of the changes to this Grant.
Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect nr modify the
terms and conditions nrbe 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 ofTexas.
SuMension
|n the event Sub-recipient fails to comply with any term of this Grant, DPS/THSSAA may, upon written notification tmSub-neoipient. suspend
this Grant, in whole o/in part,withhold payments to Sub-recipient and prohibit Sub-recipient from incurring additional obligations of this
Grant's funds.
Termination
DPG/THSS/A shall have the right Vo terminate th\oGmnt. inwho|oorinpm¢ nAanyUmebo*zne1heendofthePmrfnnmonoePnriod. if
DPS/THSSAA determines that Sub-recipient has failed to comply with any term of this Grant, DPS/THSSAA shall provide written notice of
the termination and include:
1 The neaoon(e)for such 0amninmUon�
2. The effective date of such 0annina8nn; and
3. In the case of partial termination, the portion of this Grant to be terminated,
Appeal may be made to the Deputy Director of Homeland Security,Texas Department of Public Safety,
Page mmm
Enforcement
If Su fails to comply with any term of this Grant,whether stated in a federal state statute or regulation,an
assurance, mo state plan or application, onouoeoraward. urnlsewhona. DPS/THGG/V\orDH8muytakeon*ormoraof#heho|lowing
actions, oo appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by Sub-recipient or more severe enforcement action by
DPS/THGSA\orDHG�
.
2. Disallow,that is, deny both use of funds and matching credit for, all or part of the cost of the activity or action not in compliance;
3. Wholly or partially suspend or terminate this Grant for Gub-nadpient'upmgmam�
4. Withhold further awards for the pmgrom�or
5. Take other remedies that may ba legally available,
In taking an enforcement action, UPG/THS8/A will provide Sub-recipient on opportunity hearing, appeal, or other administrative
proceeding to which Sub-recipient is entitled under any statute or regulation applicable to the action involved.
The costs of Sub-recipient moubi from b|i ati incurred by Sub-recipient during a suspension or after termination of this Grant are not
allowable unless DPS7THSG4Aor1JHS expressly authorizes them in the notice of suspension termination orsubsequently. Other
Sub-recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if:
1. The coots result from obligations which were properly incurred by Sub-recipient before the effective doVo of suspension or termination,
are not in anticipation of it, and in the case of a termination, are non-cancellable; and
2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the
termination takes effects.
The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub'mcipienthom being subject
to"Debarment and Suspension"under EO. 12548. 44CF.R. §13.35�
Conflict of Interest
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,
Closina of the Grant
A. DPS/THG&&A will close msub-award after receiving Gub-nouipien[ufinal quarterly performance report indicating that all approved work
has been completed e da||funds have b disbursed, completing a review to confirm the accuracy u(thoreported information and
reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that Sub-recipient is owed
additional funds, DPSfTHSSAA will send the final payment automatically to Sub-recipient. If Sub-recipient did not use all the funds received,
DPS/THSSAA will issue oGrant Adjustment Notice(GAN)to recover the unused funds. Sub-recipient will return the funds tothe
DPS/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 affeot�
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 o result of later refunds, corrections, or other tnanooctiona�
3. Records retention n*quiemmnte, property management mquimmentu,and audit requirements, oa set forth herein-, and
4. Any other provisions of this Grant that impose continuingobligationuonSub-reuipimnturthmtgovernthehghteondUmitationooftho
parties k/this Grant after the expiration or termination nf this Grant.
Please fill in the appropriate information d 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
G City of Fort Worth
of Authorized Official Date
Page 11 OF 18
EXHIBIT A
ASSURANCES- PROGRAMS See Standard Form 424B
Aa the duly authorized representative o(Sub-mopient, | certify that Sub-recipient:
1 Has the legal authority apply for Federal assistance and the institudnnm|, managerial and financial capability(including funds
sufficient to pay the non-Federal share of project cost)to ensure proper planning, management and completion of the project described in
this agreement.
2 Will give the Department of Homeland S rity, the Department f Public Safety, the Comptroller General of the United States and, f
appropriate,the State,through any authorized representative, access to and the right to examine all records, books, papers, or documents
related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency
directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of187O(42U.S.C. §§4728~4703)relating toprescribed standards for merit
systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F�R. 900.Subpart F).
0 Will comply with all Federal statute | 8 to nondiscrimination. These include but are not limited ho (a)Title V| of the Civil Rights
Act of 1964(P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b)Title IX of the Education
Amendments of 1972, as amended(20 U.S.C.§§1681-1683, and 1685-1686 and 44 C.F.R. Part 19),which prohibits discrimination on the
basis of sex;(c) Section 504 of the Rehabilitation Act of 1973, as amended(29 U,S.C. §794), which prohibits discrimination on the basis of
handicaps-, (d)the Age Discrimination Act of 1975, as amended(42 U.S.0 §§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 of Titles U and III of the Uniform bta and Real Property
Acquisition Policies Act of 1970(P.L.91-646)which provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases.
8. Will comply, as applicable,with provisions of the Hatch Act(5U.S.C §§15O1-1508 and 7324' 328)which|imit the political activities of
employees whose principal employment activities are funded in whole or in part with Federal funds.
S Will comply,au applicable,with the provisions uf the Davis-Bacon Act S.C. 0h278m1o270 -Y Copeland Act(40 U.S.C.
§276c and 18 U.S.C.§874), and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§327'333). regarding labor standards for
federally-assisted construction uub'ogmomento.
10. Will comply, i(applicable,with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973
UP.L 3-2 requires recipients ina special 800dhozardmreeVmpmrticipoVointh*pmgmmandhxpuohmwa0oodinnumnooiftho
total cost of insurable construction and acquisition io$10.00Oo,more.
11 Will comply with environmental stan6onduwhichm be prescribed pursuant N the following: (a)institution of environmental quality
control measures under the National Environmental Policy Act of 1969(P,L. 91-190 as amended by 42 U.S.C.4311 et seq. and Executive
Order(EO) 11514)which establishes national policy goals and procedures to protect and enhance the environment, including protection
against natural disasters. To comply with N EPA for DHS grant-supported activities, DHS-FEMA requires the environmental aspects to be
reviewed and evaluated before final action on the application(b)notification of violating facilities pursuant to EO 11738; (c)protection of
wetlands pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e)assurance of project
consistency with the approved State management program developed nd the Coastal Z naManagement Ac f1972(1hUS.0 §01451
et seq.)- (0 comply with the Clean Air Act of 1977, (42 U.S,C. §§7401 et seq.and Executive Order 11738)providing for the protection of
and enkancement 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
12. Will comply with the Wild and Scenic Rivers Act of 1968(16 U�S.C. §§1271 et seq.)related to protecting components or potential
components nf the national wild and scenic rivers system.
13. Will assist the awarding agency i assuring oompUanoovviUhSection 1O0of the Nadonm|HiuNrioPeaemaUonAct of1300 as amended
(10U.S.C.b47O). EO11593 �en�fioa�Uon and prnVe��ionof historic pmpe�ioo). and the Archaeological and Historic Preo*ma\|onAct of
1974(16U.S.C. §§409m-1otooq).
14. Will comply with PL93-348,45C.F.R. 40 and DHS Management Dimohve02&O44 (Di i rdngthe pm�ctionofhuman
subjects involved in research,development, n� ^—�e'—'"�mea�nom systematic investigation,
including research, development, Vo general knowledge. See Directive for
additional provisions hm including humans in the womb, pregnant wmmen and neon�em(3ubpm�B); phannena(Gubpm�C); and ohi�nun
(Gubpa� See also state�no�uoa|taw for neseamh using autopsy ma�nria|s.
15. Will comply with the Laboratory Animal Welfare Ac of138OVPL0S-544. mo amended, 7U3.C� hh2131 e{seqj which requires the
minimum standards of rare and treatment for vertebrate animals bred for commercial sale, used in research,transported commercially, ur
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Pag.12 OF 18
Principals Regarding the Care and Use of Animals
1& Will comply with the Lead-Based Paint Poisoning Prevention Act H2U3.C.§§48O1eteoqj which prohibits the use oflead-based
paint in construction ur rehabilitation of residence structures.
17. Will cause(oboperformed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996
and OMB Circular No.A,133. "Audits nfStates, Local Governments,and Non-ProfitOrgonizahono."
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 City Manager
Sub-recipient Organization City f Fort VVndh
Official Date
Page 13 OF 18
EXHIBIT B
ASSURANCES'CONSTRUCTION PROGRAMS See Standard Form 434D
xs the duly authorized representative ofSub'nocipion\. |certify that Sub-recipient:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability(including funds
sufficient to pay the non-Federal share of project costs)to ensure proper planning, management and completion of project described in this
agreement
2 Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if
appropriate,the State,the right to examine all records, books, papers,or documents related to the assistance; and will establish a proper
accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property UUoorothorin{eneotin\henitoandfaoi|idoowithout
permission and instructions from the awarding agency.Will record the Federal awarding agency directives and will include a covenant in the
title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project.
4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction
plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work
conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by
the assistance awarding agency orState.
0. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
O Will comply with the Intergovernmental Personnel Act of1070 U.S.C. §§4720-4763 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. 8OO. Subpart F)
S. Will comply with the Lead-Based Paint Poisoning Prevention Act(42U.&C. §§4801 ntoeq.)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 V|nf the Civil Rights Ac
of 1964(F! which prohibits discrimination the basis of lor or national 0(of the Education
of 1972, as amended(20 U.S.C.§§1681 1683, and 1685-1686 and 44 C.F.R. Part 19),which prohibits discrimination on the basis of sex;
(c)Section 504 of the Rehabilitation Act of 1973, as amended (29) U,S.0 §794),which prohibits discrimination on the basis of handicaps;
(d)the Age Discrimination Act of 1975, as amended(42 U.S.C. §§6101-6107),which prohibits discrimination on the basis of age; (e)the
Drug Abuse Office and Treatment Act of 1972(P.L. 92-255),as amended relating to nondiscrimination on the basis of drug abuse; (f)the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970(P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g)§§523 and 527 of the Public Health Service Act of 1912(42 U.S.C.
§§290dd-3 and 290ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights
Act of 1968(42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)any other
nondiscrimination provisions in the specific statue(s)under which agreement for Federal assistance is being made-, and 0)the requirements
of any other nondiscrimination statue(s)which may apply to the agreement.
11 Will comply, or has already complied,with the requirements of Titles||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.G.C. §§15U1-15O8 and 7324-7328)which limit the political activities o/employees
whose principal employment activities are funded in whole or in part with Federal funds.
18 Will comply, ao applicable,vvi{hthe provisions of the Davis-Bacon Act(40 U.S.C.06276 276a-7),the Copeland Ac (40 U.S.C.
§270c and 10U,SC O874 ' and the Contract Work Hours and Safety Standards Act(40U8.C. §5327-338) regarding labor standards for
federal|y'aoaiuted construction oub-agmommnto.
14. Will comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973(P.L 93-284)
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 in$10.00Oormore.
15 Will comply with environmental standards which may beprescribed pursuant t the following: (a)institution f environmental q NY
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 oals and procedures to protect and enhance the environment, including protection
against natural disasters; (b)notification of violating?,acilities pursuant to EO 11738; (c)protection of wetlands pursuant to EO 11990;(d)
evaluation of flood hazards in floodplains in accordance with EO 11988; (e)assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of 1972(16 U.S,C. §§1451 et seq,)- (f)comply with the Clean
Air Act of 1977, (42 U.S.C.§§7401 et seq. and Executive Order 11738) providing for the protection of and enh�ncement 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. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. 001271 otaeq.)related 0oprotecting components or potential
components of the national wild and scenic rivers system.
17� Will assist the awarding agency in assuring compliance with Section 1OOuf the National Historic Preservation Act n[1880 as amended
(18U�G.C. 0470). EO11583 id,��caaonand prote�ionof historic propa�ime). and the Amheoo|ogium|and Hi��oric Preservation Act of
Page 14 OF 18
1974(16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits in accordance,with the Single Audit Act Amendments of 1996
and OMB Circular No.A-133, "Audits of States, Local Governments,and Non-Profit Organizations."
19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies
governing this program.
Please fill in the appropriate information and sign to certify this Exhibit B, if applicable.
Print Name of Authorized Official Mr. Charles Daniels
Title Assistant City Manager
Sub-recipient Organization City of Fort Worth
Stwature of Authorized 0 icial Date
Page 15 OF 10
Exhibit C
Certifications
The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief.
A No Federal appropriated funds have been id or will b id or
attempting influence an officer or employee manm n Member f Congress, an officer or employee of Congress, |oyeo
or a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any
Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract,grant, loan,or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member ofCongress, en officer or employee of C or an employee or a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit
Standard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions.
C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all
sub-awards mt all tiers(including subcontract,sub-grants, and contracts under grants, loans, and cooperative agreements)andthatmU
sub-recipients shall certify and disclose accordingly, This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not
less than$1O.000 and not more than$1OO.ODU for each such failure.
D. As required by Executive Order 12549. Debarment and Ounpension, and implemented ot28C.F.R. Part 67, for prospective participants
in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification).The Sub-recipient certifies that it
and its principals and vendors:
1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced toa denial of Federal benefits hyo State ur
Federal court, o voluntarily excluded from covered transactions by any Federal department or Sub-recipients can access
debarment information by going to www,gols.crov.or y&hL§AMj=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 oerti8o federal funds will be used to su p| ntoxiadngfundn. mndwi||notne |a (supp|anV funds that have been
appropriated for the same purpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federal
resources occurred for reasons other than the receipt or expected receipt of federal funds.
F. Sub-recipient must comply with 2 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 o(the next tier.
G. Drug-free Workplace Act, ao amended,41U.S.C.§7O1et seq. Requires the recipi ttopub|imhumtmhomantaboutitadmg'hee
workplace d give a copy of the statement to each employee(including consultants and temporary personnel)who will bm
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 ho maintain o drug-free workplace.
H. Sub-recipient agrees that it is not delinquent on any Federal debt. Examples of 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 laws,executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this program.
J. Sub-recipient understands that failure to comply with any of the above assurances may result in suspension,termination or reduction
of grant funds.
Please fill in the appropriate information and sign to certify this Exhibit C.
Print Name ofAuthorized Dffioiu| Mr. Charles Daniels
Title Assistant City Manager
Sub-recipient Organization City of Fort Worth
SiNa4ure of AuthorizecT Official Date
Page 16 OF 18
EXHIBIT D
State of Texas Assurances
As the duly authorized representative of Sub-recipient, I certify that Sub-recipient:
1 Shall comply with Texas Government Code, Chapter 3, by ensuring that no officer,employee, or member of the Sub-recipients
governing body or of the Sub-recipient's contractor shall vote or confirm the employment of any person related within the second degree of
affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ
or supervise such person.This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a
period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer,employee, or governing
body member related to such person in the prohibited degree,
2. Shall insure that all information collected, assembled, or maintained by the Sub-recipient relative to a project will be available to the
public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code, Chapter 551,which requires all regular, special, or called meetings of governmental
bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section 231.006, Texas Family Code,which prohibits payments tom person who iain arrears on child support
payments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub-recipient is
a health, human services, public safety, or law enforcement agency and the license, permit,or certificate has been revoked byanother
health and human services agency or public safety mr law enforcement agency,
0 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 is in the process of achieving compliance with such rules if the Sub-recipient
iaa law enforcement agency regulated by Texas Occupations Code, Chapter 17O1
7. Shall follow all assurances.When incorporated inVoegmntmwandoroontmcL. a1ondondasnuranooaoontainodinUhe application
package become terms or conditions for receipt of grant funds.Administering state agencies and sub-recipients shall maintain an
appropriate contract administration system to insure that all terms,oondiUono, and specifications are met. (See U0KAS Section_.30for
additional guidance mn contract pmv\xiono).
8 Shall comply with the Texas Family Code, Section 201.1O1.which requires reporting f all suspected cases nf 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 to nondiscrimination. These include but are not limited to: (e)Title V| of the Civil Rights
Act of 1964(P.L. 88-352),which prohibits discrimination on the basis of race, color, or national origin-, (b)Title IX of the Education
Amendments n[1972 as amended(20 U.S.C� §§1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c)Section
5O4of the Rehabilitation Act of 1S73, as amended (29 U.S.C §794),which prohibits discrimination onthobuaixo[handioa and the
Americans with Disabilities Act of 1990 including Titles 1, 11, and III of the Americans with Disability Act which prohibits recipients from
discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities,44 U.S.C. §§ 12101-12213; (d)the Age Discrimination Act of 1974, as amended (42 U.&C.
§§6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse- (�the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970(P.L. 91-616), as amen�ed, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (g)§§523 and 527 of the Public Health Service Act of 1912(42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights Act of 1968(42 U.S.0 §§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, au applicable,with the provisions of the Davis-Bacon Act(40U.8.0 §§276a to 276a-7),the Copeland Ac (40 U.S.C.
§2T0o and 1DU.S.C.§87 Contract Work Hours and Safety Standards Act(4OU.S.C. 0§327-333). regarding labor standards for
federally assisted construction nubugreemontm.
11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.
01-840) which provide for fair and equitable treatment ofpemons displaced or whose pmpe�/ia acquired aua result of Federal o/federally
oaoiu0o�pprograms. These requirements apply to all interests in real property acquired for project purposes regardless ofFederal
participation inpurchases.
12. Shall comply with the provisions of the Hatch Political Activity Act(5 U.S.C. §§7521-29>'which limit the political activity oyemployees
whose principal employment activities are funded in whole nrinpart 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 of187O.aoapplicable.
14. Shall insure that the facilities under its ownership, lease,or supervision which shall be utilized in the accom |inhmentofthoprojeoten*
not listed mn the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing hy the EPA(E011738).
15.Shall comply with the flood insurance purchase requirements o[Seohon1O2V$of8hmF|oudDimaxte/PmtenbonAct of1g73. Public Law
93-234. Section 1O2(a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisiti proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
16.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
violating facilities pursuant to EO 11738; (c)protection of wetlands pursuant to EO 11990, (d)evaluation of flood haza�ds in floodplains in
accordance with EO 11988; (e)assurance of project consistency with the approved state'r�anage me nt program developed under the
Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);(�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 and Scenic Rivers Act of190O(18U.S.C. §b1271otsoq,)related to protecting components orpotential
components o/the national wild and scenic rivers oyatem.>
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,as
amended(18US. , EO 11593(identification and protection of historic properties), and the Archaeological and Historic Preservation
Act uf1974(18U,S.C.h§40Se'1 etooql
19. Shall comply with the Laboratory Animal Welfare Act of 1966(P1. 89-544, as amended, 7 U.S.C. §§2131 et seq.)which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research,transported commercially, or
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use ufAnimals.
20.Shall comply with the Lead-Based Paint Poisoning Prevention Act(42U.S.C. §§48O1otmoq)which prohibits the use oflead-based
paint in construction orrehabilitation uf residential structures.
21. Shall comply with the Pro-Children Act of1gQ4(Public Law 1D3- 77).whichpmhihibomoNngwhhinonyportionofonVindoorfaci|ity
used for the provision of services for children.
22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing
this program.
24. Certifies that io and its principals are eligible tnparticipate and have not been subjected to suspension, debarment, or similar ineligibility
determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as
described i Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at
25. Shall adopt d implement qpp|iooblepmvioionoofthemodo|H|V6A|DGwmrk place guidelines of the Texas Department of Health ao
required by the Texas Health and Safety Code,Ann.. Sec. 85.U01.o1meq,
Please fill in the appropriate information and sign to certify this Exhibit D.
Print Name ofAuihoriz W1r.
Authorized Official . Charles Daniels
Title Assistant City Manager
Sub-recipient Organization City of Fort Worth
AZ���?/. _1�11
Si§pat�re of Authorized Official Date
Page 18 OF 18
M&C Review Page I of 2
Official site of the C;ry of Fwt Worth 1°H:axas
FLIRT WORT I I
ITY COUNCIL AGENDA �
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COUNCIL ACTION: Approved on 10/22/2013 . Ordinance No. 21009-10-2013
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DATE: 10/22/2013 REFERENCE NO.: **C-26516 LOG NAME: 362013HSGP
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Application, and if Awarded, Acceptance of the Fiscal Year 2013 Homeland
Security Grant from the State of Texas, Texas Department of Public Safety in the Amount
of$2,853,324.33, Approve Execution of All Applicable Grant Contracts and Adopt
Appropriation Ordinance (ALL COUNCIL DISTRICTS)
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RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the application and, if awarded, the acceptance of an award in the amount up to
$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. 97.067:
$1,931,000.00;
Urban Area Security Initiative grant - Law Enforcement Terrorism Prevention Activities, CFDA No.
97.067: $780,300.00;
Urban Area Security Initiative grant - Management and Administrative Activities, CFDA No. 97.067:
$142,024.33
2. Authorize the execution of all applicable grant contracts; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount of$2,853,324.33, subject to receipt of 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 available through cooperative action.
Funding awarded as part of the 2013 UASI and UASI Law Enforcement Terrorism Prevention
Activities (LETPA) program grant will be used by City public safety and disaster support organizations
to maintain and improve the community's capacity to prepare for, prevent and respond to terrorism
incidents and other natural disasters. The Office of Emergency Management will coordinate with City
departments in the development and implementation of grant funded projects in the areas of threat
assessment, risk reduction, capability sustainment, plan development, public education and training.
This grant has no local match requirement.
FISCAL INFORMATION/CERTIFICATION:
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
http:Happs.cfwnet.org/council packet/mc review.asp?ID=19013&councildate=10/22/2013 11/11/2013
M&C Review Page 2 of 2
will be available in the current operating budget, as appropriated, of the Grants Fund,
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451217 036442678000 $1,931,000.00
GR76 (5 $1,931,000.00
VARIOUS) 036442678010
GR76 451217 036442679000 $780,300.00
GR76 5 780,300.00
(VARIOUS) 036442679010
GR76 451217 036442680000 $142,024.33
GR76 5 $142,024.33
(VARIOUS) 036442680010
.............
Submitted for City Manager's Office by, Charles Daniels (6199)
Originating Department Head: Rudy Jackson (6805)
Additional Information Contact: Pat Vasquez (6525)
Juan Ortiz(6173)
ATTACHMENTS
2013 HSGP Award Letter Final 09202013.pd
36 2013 HQSP A014.doc
http://apps.cfwnet.org/counciI_packet/mc—review.asp?ID=I 9013&councildate=10/22/2013 11/11/2013
F ORTWORTH
Fire Department
Office of Emergency Management
ROUTING AND TRANSMITTAL SLIP
October 23, 2013
Subject: 2013 Homeland Security Grant Program award
Initials
TO:
1. Juan Ortiz (For review)
2. Pat Vasquez (For review)
3. Rudy Jackson (For review)
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.