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HomeMy WebLinkAboutContract 43886-GA1 Texas Department of Public Safety E f l 2012 Grant Adjustment Notice for CITY SECRUAW K P""6111 City of Fort Worth CONTRACT r 1.General Award Information [Reference/Encumbrance No: Date of Award: May 30,2014 repared By:Jenkins,Shane 3.SAA Award Number: 12-GA 27000-10 4.Sub-Recipient Name and Address S.Federal Grant Information Federal Grant Title: Homeland Security Grant Program (HSGP) Urban Area Security Initiative (UASI) Mayor Betsy Price Federal Grant Award Number: EMW-2012-SS-00018-SO1 City of Fort Worth City f Fort Worth Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Fort Worth,TX 76102-6311 Date Federal Grant Awarded to TxDPS: September 6, 2012 CFDA: 97.067 6. Award Amount and Grant Breakdowns Grant Period: UASI LETPA From: To: Sep 1, 2012 Jul 31, 2014 $601,920.00 (7 he SAA rrry musAw'm•umm:m*Ne aH 6unwraakes by the�uarrad 0 gu•arnm pe�liuma,mi 7. Statutory Authority for Grant:The Consolidated Appropriations Act 2012, Division D (Public Law 112-74), and the Homeland Security Act of 2002 (Public Law 107-296), as amended by section 101 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53). 8. 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/ 10. Agency Approvals f Approving TxDPS Official: Signature of TxDPS Official: Machelle Pharr Deputy Assistant Director / Texas Homeland Security w�► �,��'�°°°�° °°' State Administrative Agency OIL "1"�II" � RECORD Texas Department of Public Safety � � ��m A A, �u�,,� I„ 11.Sub-Recipient Acceptance K have read, understood and agree to tlltis S:ilb-Relllcipi°iemnt Agreement consisting of'tlVn'io Award wind he attacheiTermrme am°mH ai:omnditimlur�o. Print name and title of Authorized Sub-Recipient Official: Signature of Sub-Recipient Official: ' Charles W. Daniels Assistant City Manager ° City of Fort Worth Enter Employer Identification Number(EIN)or DUNS Number: Federal Tax Identification Number: 073170458 °® 75-6000528 1.1% 1m 2014 Signed Award ith°I'eormmm�s and Conditions � I � to m U e u tmomm :mmmm�sr urelmuui°uimm!mA Ia aAA m111Am�Is.tea,m. IIF IIC'FA"I 11: I �7:1A r, o CL8ntrgc:E ut~ oriz Lion AtWSted as q0®0 00 0 0 0 0000 � ; Date RECEIVED JUN 0 6 201 4 ... arY J. ser, City Secretary 2012 TERMS AND CONDITIONS Instructions: The Sub-recipient shall: 1. Fill in the information and sign the Grant Sub-Recipient Award, 2. Certify they have read and understand these Terms and Conditions; 3. Certify to the statements provided in Exhibits A, B, C and D located at the back of this document by filling in contact information and signing all exhibits, and 4. Return all documents via email to SA,A_„_St A @d1ps texaswt;ov on or before the date provided in the transmittal letter and/or in this grant. Grant Sub-reciipient Agreement This Grant Sub-recipient Agreement(consisting of this 2012 Grant Sub-recipient Award and these Terms and Conditions)is made and entered into by and between the Department of Public Safety/Texas Homeland Security State Administrative Agency, an agency of the State of Texas, hereinafter referred to as"DPS/THSSAA,"and the funds recipient, hereinafter referred to as the"Sub-recipient"or "Sub-grantee." Furthermore, DPS/THSSAA and the Sub-recipient are collectively hereinafter referred to as the"Parties." This Grant Sub-recipient Agreement(SRA), or otherwise referred to herein as"this Grant"or"this Agreement", is only an offer until Sub-recipient returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub-recipient Award. The FY 2012 Homeland Security Grant Program (NSGP)funding plays an important role in the implementation of Presidential Policy Directive—8(PPD-8)by supporting the development and sustainment of core capabilities to fulfill the National Preparedness Goal(NPG). HSGP funding shall be used for costs related to the planning, organization,equipment,training, and exercise needs that prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. Sub-recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. If Sub-recipient issues subawards as part of this Grant project, Sub-recipient shall include and require its subawardees to comply with the terms and conditions of this Grant. The FY 2012 Nonprofit Security Grant Program (NSGP)funding plays an important role in the implementation of Presidential Policy Directive 8(PPD-8)by supporting the development and sustainment of core capabilities to fulfill the NGP. NSGP provides funding for target hardening and other physical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack and located within one of the specific Urban Areas Security Initiative(UASI)-eligible Urban Areas.While this funding is provided specifically to high-risk nonprofit organizations, the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. The term"Sub-recipient agreement funds"as used in this Grant means funds provided by DPS/THSSAA under the United States Department of Homeland Security(DHS) Federal Emergency Management Agency(FEMA)grant programs(also referred to herein as DHS/FEMA). The term"Sub-recipient's funds"or match funds as used in this Grant means funds provided by the Sub-recipient. Overview and Performance Standards All allocations and use of funds under tMs Grant,shall be in accordance with the FY 2012 Funding Opportunity AirmmVIOuncement: (FOA)fair the Federal Graint T tle specified on tllhls Grant,aiu°md such FY 2012 FOA is incorporated liby reference herehn. Sub-recipient shall read, understand and accept the FY 2012 Funding Opportunity Announcement as binding. Standard of Performance. Sub-recipient shall perform all activities and projects entered into the DPS/THSSAA web-based grants management system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriate local, regional and state-level grant administrator(s). Sub-recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances—Non-Construction Programs, hereinafter referred to as"Exhibit A" 2. Assurances—Construction Programs, hereinafter referred to as"Exhibit B" 3. Certifications, hereinafter referred to as"Exhibit C" 4. State of Texas Assurances, hereinafter referred to as"Exhibit D" Failure to Perform. In the event Sub-recipient fails to implement the project(s)entered and approved in the DPS/THSSAA web-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 may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other grant program funds administered by DPS until repayment to 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 Review Sub-irecipient.shall assess its fedeiralllly funded projects for piMent'mal lrnpact to envlronrnentol rtmsources and Ihiistoric Iliwrolwe tle�s�, l Sub-mesmiemt s hall smtmmt any r e gumed screening f! mnjcj as soon as pmmuimle and shall comply with duadlres establtulred by Preservation vary upon tllire VI-tIv Sf""I"l�tS wAA�, "I mnrellnoa for the Il�°':'r�rvrr°�rnoivmental h�larrnrrig�am�d I°�lrstoorrc Olw�., �, �. ��trorr(Vl�l..11°�)review process .��l,�m� , ararmecs wvrll � based p include suffmwmr nt review m�,r�rmnllllexmty of t.lms project and the potential for emmvrm"ommmnsmmlal or historical mmnlpmaut. Scowl mesm mermt.�lhslll lne mf time within its project mmmanagement plan to comply with E'l°°iP requkernents rd j,gtir°mo�ttg.."mg)IvKV p.E r°.L f,cWi) four of l__Ls_ EHP wee c�lsley✓yrl„jlm fm ermjj„jmm..p uro,iomwngmTrll)uaurmce tjmmduimt„w, andm,ll�lIP iTHSS a wwr j..S.E..SA)jlApmpt wm r tA(y Sp lr tm f lu t °or n i wgyr rmywjLan y _p i Page 2 OF 18 Sub-recipient, as soon as possible upon receiving its grant award, shall provide information to DPS/THSSAA to assist with the legally-required EHP review and to ensure compliance with applicable EHP laws and Executive Orders(EO)currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it,with all supporting documentation,to DPS/THSSAA for review. These EHP requirements include but are not limited to the National Environmental Policy Act,the National Historic Preservation Act, the Endangered Species Act, EO 11988—Floodplain Management, EO 11990—Protection of Wetlands,and EO 12898—Environmental Justice. Sub-recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. See FEMA Information Bulletin 329. Sub-recipient shall not undertake any activity from the project that would result in ground disturbance,facility modification,or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. Sub-recipient shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during project implementation, Sub-recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Sub-recipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Funding Obligations A. DPS/THSSAA shall not be liable to Sub-recipient for any costs incurred by Sub-recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/THSSAA under this Grant shall not exceed the Total Award Amount listed on the Grant Sub-recipient Award. C. Sub-recipient shall contribute the match funds listed on the Grant Sub-recipient Award. D. Sub-recipient shall refund to DPS/THSSAA any sum of these grant funds that has been determined by DPS/THSSAA to be an 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. Perkanance Period 1:1(t.q .i,°;);tm�tai.tgq tqt iut.)'�'"y nt its iir t on ti e tour° rmt S ud-I °"°" °mt Awaur to iQ orrds arm t m..°ems i aiU e r° Ive t witd'imm � t.r i ." .. � �" tti ISSA :eu torurmmanm em°igm)", (Ilimmt t tonutm,gicros& em°) 11(,.tddiiit( �4.tf°t�mm�nurgr mrsq jTa �„am�lltiit.t tr d .ra� �, W m;Diiul rlll�mtµ.q- Sud m°eouigir nt shall have exlp,memmded all ttuiarmt tnnrts iiui submnrtted r°ei mb urrr enient r°egmmests,and army invoices, in the ttpt tt itSSAA grant rmmanagernent systernum by the end of the perfom"rnam°mce period. DPS/THSSAA shall not be obligated to reimburse expenses incurred or submitted after the performance period. Uni,form Administrative Reattirements. Cost Principals and Audit Reauiren:ents 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 2012 Funding Opportunity Announcement and supplemental resources for the HSGP currently available at j Ihhto�wewweemm ov�gdf�avrrni ran20� 'f 12 hs foa.�df and the Nonprofit Security Grant Program (NSGP), 12 ns foa df. Page 3 OF 18 DHS 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. Http://www.dhs.gov/xlibrary/assets/cfo-financial-management-policy-manual.pdf. Sub-recipient acknowledges and agrees, and shall require any sub-recipients,subawardees, contractors, successors,transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub-recipient shall cooperate with any compliance review or complaint investigation conducted by DHS. 2. Sub-recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to this grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub-recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Sub-recipient shall comply with all other special reporting,data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three(3)years, Sub-recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency),sex, age, disability, religion, or familial status, Sub-recipient shall provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin(including limited English proficiency),sex, age,disability, religion, or familial status against Sub-recipient, or Sub-recipient settles a case or matter alleging such discrimination, Sub-recipient shall forward a copy of the complaint and findings to the DNS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. Oaeration Stonegarden (OPSQ) SSpecific Conditions If Sub"ireciplRerid is receiving Operatlon Stonegarrdera(Of"ISG)funds,Sub-reclpplient is pr^olhiblted from obligating or expending endiing W11SG funds prrovided tplml'omrgl"I this Grant until each unique,specific,our modified county level,tirlbal or m quival m nt Operations 0r4eir or Fragmentary Order has been reviewed and approved by offlcial notlficabon by FEMA and Custorns and Border Profectlon/Bordder` Patrol(CIBP/BP(.Each Operations Order will be transferred via the secure portal(CBP/BP)BPETS system from each respective AOR Sector HQ to CBP/BP HQ in Washington, D.C., for review and pre-approval for Operational continuity,then forwarded to FEMA GPD/PGD OPSG Program Office for final review/approval. Official notification of approval will be sent by FEMA via email to DPS/THSSAA and CBP/BP HQ in Washington, D.C. 1. Sub-recipient shall develop and submit required operational documents through the border area's Integrated Planning Team. 2. Sub-recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which will articulate the intent of how OPSG funds will be used throughout Sub-recipient's grant performance period. 3. If Sub-recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a request for an overtime waiver shall be submitted through the Integrated Planning Team. 4. Sub-recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the campaign plan. 5. Sub-recipient shall only initiate tactical operations after the specific Operations Order(s)are approved through the Border Patrol Headquarters and by FEMA, and the 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 htto://www.txdr)s,state.tx.us/director staff/ as/information bul etins.htm Texas Uniform Grants Management Standards(UGMS)at htt :// overnor.sta e fx us/fi eels ate- ran(s/UGMS062004,doc and the State Administrative Agency Sub-recipient Manual, available at ! .txd s a e t . s ' r / ! ientMgnUgI . 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 i agency is in the process of achieving compliance with such rules. r 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 f candidate or party. 3. Grant funds may not be expended to a unit of local government unless the following limitations and reporting requirements are satisfied: Page 4 OF 18 a. Texas General Appropriations Act,Art. IX, Parts 2 and 3,except there is no requirement for increased salaries for local government employees; b. Texas Government Code Sections 556.004, 556.005,and 556.006, including not using any money or vehicle to support the 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 2113.012 and 2113.101 including not using grant funds to compensate any employee who uses alcoholic beverages on active duty plus Sub-recipient may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act,Art. IX, Section 6.13 requiring Sub-recipients to make every effort to attain key performance target levels associated with this grant award, including performance milestones, milestone time frames, and related performance reporting requirements;and e. General Appropriations Act,Art. IX, Sections 7.01 and 7.02, and Texas Government Code§2102.0091, including grant funds may only be expended if Sub-recipient timely completes and files its reports. Restrictions and General Conditions A. Use of Funds. DHS grant funds may only used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. B. Lobbvino Prohibited. No funds shall be expended by Sub-Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract,grant, loan, cooperative agreement. These lobbying prohibitions may be found at 31 U.S.C.§1352. Further, Sub-Recipient understands and agrees that it shall not use any federal funds,either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government,without the express prior written approval of FEMA. C. Transferrina Funds. Sub-recipient is prohibited from transferring funds between grant programs(such as SHSP, UASI, and OPSG) without a properly executed GAN. D. Federal Employee 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 2012 HSGP FOA,Appendix C, Funding Guidelines. 1. Management and Administration 2. Planning 3. Organization 4. Equipment 5. Training 6. Exercises 7. Maintenance and Sustainment 8. Critical Emergency Supplies 9. Construction and Renovation F. Governina Board Approval. 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. Notices. All notices or communications required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Loan Star,to the other party at its respective address. For notice to DPS/THSSAA see address set forth below. For Sub-recipient,see the address listed on the Grant Sub-Recipient Award page or Point of Contact address listed for the Sub-recipient in the DPS/THSSAA Grants Management System(SPARS). DPSITHSSAA Contact Information (Deputy Assistant Director Texas Homeland Security State Admin. Agency Texas Department of Public Safety P.O. Box 4087 Austin,TX 78773-0220 H. Points of Contacts. Within 30 days of any change, Sub-recipient shall notify DPS/THSSAA of any change or correction to the chief elected official, program,and/or financial points of contact in the DPS/THSSAA grant management system. Page 5 OF 18 I. DUNS Number. Sub-recipient confirms its Data Universal Numbering Systems(DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or htto;Hfedggy.dnb.cocp( r bfor . J. Central Contractor Registration and Universal Identifier Requirements. Sub-recipient maintains that it has registered on_.. . ,ccr. ov, bw&rsam.g.pyL 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 the approval. "Cognizant agency"means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of all Federal agencies. OMB publishes a listing of cognizant agencies at 12 t :/h ry s r. e . ov/ a /di m/ /r . Unless the basis of the cost plan changes, Sub-recipient only needs to forward the annual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed to SAA RR a�_dp_s,texas.gov. The Sub-recipient name shall be included in the file name and subject line of the email transmittal. L. Reporting Total Compensation of Sub-recipient Executives. 2 C.F.R. §170.320; see FEMA Information Bulletin 350. 1. Applicability and what to report: Sub-recipient shall report whether Sub-recipient received$25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub-recipient shall report whether 80%or more of Sub-recipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub-recipient answers "yes"to both questions, Sub-recipient shall report, along with Sub-recipient's DUNS number,the names and total compensation(see 17 C.F.R. §229.402(c)(2))for each of Sub-recipient's five most highly compensated executives for the preceding completed fiscal year. 2. Where and when to report: Sub-recipient shall report executive total compensation at ccr.goy, .sam.gov/ or other federally established replacement site. By signing this Grant, Sub-recipient certifies that, if required, Sub-recipient's jurisdiction has already registered, entered the required information, and shall keep information in the CCR/SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub-recipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. M. Direct Deposit. If Sub-recipient has not received HSGP reimbursements from DPS/THSSAA within the past eleven(11)months(prior to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub-recipient shall be emailed to SAA_RROdps.texas.gov.The email subject line and attachment name shall include the jurisdiction name and identify the document attached(i.e."Sample County DD form"). The direct deposit form is currently available at fife : in st te.tx.us ttaxinfo/taxforms/'74-176. df. Sub-recipient may simultaneously sign up for the Advance Payment Notification (APN)email feature which provides State of Texas payees with a one-business-day advance notice that a direct deposit payment has been sent to its financial institution.After receiving an APN,a payee may securely access its payment details online._ N. Procurements. Sub-recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required,for any procurement which utilizes federal funds awarded under this Grant in accordance with 44 C.F.R. §13.36. O. Contract Provisions. All contracts executed using funds granted under this Grant shall contain the contract provisions listed under 44 C.F.R. §13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds granted under this Grant, Sub-recipient shall determine whether the vendor/subawardee is debarred,suspended, proposed for debarment,declared ineligible or voluntarily excluded by any federal department and agency and shall confirm the vendor/subawardee does not have any active "Exclusions"by reviewing the vendor/subawardee entity information at httos://�rto. ocv/ ortal/public/SAM/. Q. Management and Administration. If this Grant includes a specific award of funds to Sub-recipient for management and administration (M&A), Sub-recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional information on M&A, refer to Information Bulletin 365 located at htt :// .fema. ov/ overnment/ ran bubuiletins/i€idex.shtm#1/. R. Personnel Cap. Up to fifty percent(50%)of all HSGP awards received by Sub-recipient maybe used for personnel and personnel-related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement(PRICE)of Homeland Security Act(Public Law 110-412). In general, use of HSGP funding to pay for staff and/or contractor regular time or overtime/backfill, among other items, are considered personnel-related costs. Sub-recipient may request a waiver to the 50%personnel cap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at SAA(Qdos,texas.gov. Requests for waivers shall be submitted on official Sub-recipient letterhead and be signed by an authorized official of Sub-recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379. S. Property Management and Inventory. At least every two(2)years, Sub-recipient shall take a physical inventory and shall reconcile the results with property records. Sub-recipient shall maintain Property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number,the source of property,who holds title, the acquisition date,the cost of the property, the percentage of Federal participation in the cost of the property,the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (See sample inventory record format at f h t :/ t . i or / aa/gILdlit a3nd' cc i t )Sub-recipient shall develop and implement a control system to prevent loss,damage or theft of property and Sub-recipient shall investigate and document any loss,damage or theft of property funded under this Grant. T. Publications.All publications produced as a result of funding under this Grant,which are submitted for publication in any magazine, journal, or trade paper, shall include the following: "This material is based upon work supported by the U.S. Department of Homeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies,either expressed or implied,of the U.S. Department of Homeland Security." 1 I Page 6 OF 18 U. Acknowledgement of Federal Funding from DHS. Sub-recipient shall comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. V. Use of DHS. DPS. and DPS/THSSAA Seals and Non-Endorsement. Sub-recipient shall obtain DHS, DPS, or DPS/THSSAA's prior written approval before using any of these agencies'seal(s), logos,crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate to endorsement of use of funding agencies'seals,etc., including use of the United States Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials. W. Copyright. Sub-recipient shall comply with requirements regarding publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government(e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific,technical, or other copyright work based on or containing data first produced under this Grant, including those works published in academic,technical or professional journals,symposia proceedings, or similar works, Sub-recipient grants the Government a royalty-free, nonexclusive and irrevocable license to reproduce,display,distribute copies, perform, disseminate,or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. Sub-recipient shall affix the applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship(including award number)to any work first produced under this Grant. Further, Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for government purposes: (1)the copyright in any work developed under an award or sub-award;and(2)any rights of copyright to which a recipient or Sub-recipient purchases ownership with Federal support. Sub-recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are purchased with this funding. X. Quarterly Performance Reports. Sub-recipient shall submit performance reports and progress reviews per DPS/THSSAA and/or FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth(20th)day after the end of each calendar quarter:January 20,April 20,July 20 and October 20; or as otherwise specified or required by DPS/THSSAA. DPS/THSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information requests. Failure to timely complete a performance report will result in Sub-recipient being unable to request additional reimbursements/advances and may affect future funding. Y. Site Visits. DHS and/or DPS/THSSAA,through its authorized representatives, have the right, at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS on the premises of Sub-recipient or a contractor under this Grant, Sub-recipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. Z. Limited English Proficiency(Civil Rights Act of 1964.Title VI). Sub-recipient shall comply with the requirements of EO 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency(LEP). To ensure compliance with Title VI, Sub-recipient shall take reasonable steps to ensure that LEP persons have meaningful access to Sub-recipient's programs. Meaningful access may entail providing language assistance services, including oral and written translation,where necessary. Sub-recipient is encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http//www lep.gov. AA. Protection of Human Subjects. Sub-recipient shall comply with the requirements of the Federal regulations at 45 C.F.R. Part 46,which requires that Sub-recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Sub-recipient shall comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including research,development, testing,and evaluation,designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy,whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners(Subpart C); and children(Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 C.F.R. Part 46. I BB. National Flood Insurance Act of 1968. Sub-recipient shall comply with the requirements of Section 1306(c)of the National Flood Insurance Act, as amended,which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63. CC. USA Patriot Act of 2001. Sub-recipient shall comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act),which amends 18 U.S.C. §§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 I' certificates under 49 U.S.C. §41102)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C. §40118)and Comptroller General's guidelines. EE. Activities Conducted Abroad. Sub-recipient shall comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are f obtained. Page 7 OF 18 i- FF. Trafficking Victims Protection Act of 2000. All recipients of financial assistance shall comply with the requirements of the government-wide award term which implements Section 106(g)of the Trafficking Victims Protection Act(TVPA)of 2000, as amended(22 U.S.C. §7104), located at 2 C.F.R. Part 175.This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No.218, November 13,2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g)of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award,without penalty, if the recipient or a sub-recipient: (a)engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b)procures a commercial sex act during the period of time that the award is in effect; or(c)uses forced labor in the performance of the award or subawards under the award. DPS/THSSAA 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 2 C.F.R. §175.15. GG.Americans with Disabilities Act of 1990. Sub-recipient shall comply with the requirements of Titles I, II,and III of the Americans with Disabilities 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. 42 U.S.C. §§ 12101-12213. HH. Public Dissemination of Sensitive Information. Sub-recipient shall notify DPS/THSSAA of any workshops, conferences, seminars or 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. IL Security Concgrns/Violations. Sub-recipient shall inform the THSSAA's Deputy Assistant Director in writing within two(2)calendar days of Sub-recipient being made 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. "Classified national security information"as defined in Executive Order(EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 3. Where an award recipient has been approved for and has access to classified national security information, 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 by the contractor, sub-awardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Branch Program (ISBP), or an appropriate official within the Federal department or agency with whom the classified effort will be performed. 4. Such contracts, sub-awards, or other agreements shall be processed and administered in accordance with the DHS"Standard Operation Procedures, Classified Contracting by States and Local Entities,"dated July 7, 2008: Ed's 12829, 12959, 12968, as amended; the National Industrial Security Program Operating Manual(NISPOM);and/or other applicable implementing directives or instruction.All security requirement documents are currently located at: htt :/Avwvv.dhs/.acv/xea)nbi/J1r;ants/nidex.shtin. 5. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, sub-award, or other agreement, and prior to execution of any action to facilitate the acquisition of such a contract sub-award, or other agreement,the award recipient shall contact ISPB, or the appropriate Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information:Telephone:202-447-5346, Email: DD254AdministrativeSecujjidhs.gov, Mail: Department of Homeland Security, Office of the Chief Security Officer,ATTN:ASD/Industrial Security Program Branch,Washington, DC.20528 Other Requirements A. During the performance period of this Grant, Sub-recipient, counties, cities,towns, and Indian tribes shall maintain an Emergency Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management(TDEM). This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter-jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in Sub-recipient's plan, Sub-recipient shall correct deficiencies within 60 days of receiving notice of such deficiencies from TDEM. B. Projects identified and approved in the DPS/THSSAA web-based grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub-recipient shall submit project plans, milestones, outputs/outcomes, narratives and budget to DPS/THSSAA and FEMA(if required)for approval prior to expending or requesting advances of any funds for this Grant. Sub-recipient shall enter appropriate project milestones into the DPS/THSSAA web-based grants management system within 60 days after award or by the deadline established by DPS/THSSAA,whichever is sooner. Sub-recipient shall report on project status and accomplishments(milestones and outputs/outcomes)in the format(s)and timeframes as required by DPS/THSSAA. C. During the performance period of this Grant, Sub-recipient shall: 1. Participate in a legally-adopted county and/or regional mutual aid agreement. 2. Implement the National Incident Management System (NIMS)in a manner consistent with the NIMS Implementation Objectives outlined by FEMA at h t :d/ f m . v/im 9 m wo -a d-com if n - ui n -st k hol rsf#i - . 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. 17tt ://www fma, ovlemer enc /nimslResourceMn mnt.shtm#item3. f Page 8 OF 18 D. Regional Planning Commissions/Council of Governments(COGs)shall follow guidelines listed in the DPS/THSSAA FY2012 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. Au it 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. Rioht 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-recioient's Liability for Disallowed Costs. Sub-recipient understands and agrees that it shall be liable to DPS/THSSAA for any costs disallowed pursuant to any financial or compliance audit(s)of these funds. Sub-recipient further understands and agrees that reimbursement to DPS/THSSAA of such disallowed costs shall be paid by Sub-recipient from funds that were not provided or otherwise made available to Sub-recipient pursuant to this Grant or any other federal contract. Sub-recipient's Facilitation of Audit. Sub-recipient shall take such action to facilitate the performance of such audit(s)conducted pursuant to this Section as DPS/THSSAA may require of Sub-recipient. Sub-recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Sub-recipient and the requirement to cooperate is included in any subcontract it awards. State Auditor's Clause. Sub-recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Sub-recipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Sub-recipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally,the State Auditor's Office shall at any time have access to and the rights to examine,audit, excerpt, and transcribe any pertinent books,documents,working papers, and records of Sub-recipient relating to this Grant. Retention and Accessibility of Records Retention of Records. Sub-recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB Circular, 44 CFR Section 13.42, UGMS§_.42, and this Grant. Sub-recipient shall retain these records and any supporting documentation for a minimum of three(3)years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation,dispute, or audit. Records shall be retained for three(3)years after any real estate or equipment final disposition. The DHS or 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 Reoortino. 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 Signatory Authority. Sub-recipient assures and guarantees that Sub-recipient possesses the legal authority to enter into this Grant, receive grant funds and to perform the project Sub-recipient has obligated itself to perform pursuant to this Grant. Authorized Representative. The person or persons signing and executing this Grant on Sub-recipient's behalf do warrant and guarantee that he/she has been duly authorized by Sub-recipient to execute this Grant on Sub-recipient's behalf and to validly and legally bind Sub-recipient to all terms and conditions and performance obligations. Conflicts in Reauirements. If conflict exists between federal,state, or local requirements, Sub-recipient shall comply with the strictest requirement. Page 9 OF 18 Notice of Litigation and Claims Sub-recipient shall give DPS/THSSAA immediate notice in writing of any action or claim, including any proceeding before an administrative agency,filed against Sub-recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub-recipient shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub-recipient with respect to such action or claim. No Liability for Employees 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 provision of this Grant shall not constitute a waiver of such provision, and shall not affect or impair same or the right of DPS/THSSAA at any time to avail itself of same. A waiver does not become effective unless DPS/THSSAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce its rights, as such rights, powers, privileges, and remedies are specifically preserved. Changes and Amendments Modification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Sub-recipient's acceptance of the changes to the award. Any alteration, addition, or deletion to this Grant by Sub-recipient is not valid. Written Amendment. Alterations, additions or deletions to this Grant,such as changes to period of performance and award amounts,shall be made through an executed Grant Adjustment Notice(GAN). Authority to Amend. During the period of performance for this Grant, DPS/THSSAA and/or FEMA may issue policy directives that serve to establish, interpret or clarify this Grant's performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or FEMA in the form of Information Bulletins and Sub-recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Sub-recipient as if written in this Grant. Effect of Chanaes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Sub-recipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Sub-recipient's acceptance of the changes to this Grant. Headings Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify the terms and conditions or be used to interpret or assist in the construction of this Grant. Venue Venue shall lie in Travis County,Texas, and this Grant is governed by the laws of the State of Texas. Suspension In the event Sub-recipient fails to comply with any term of this Grant, DPS/THSSAA may, upon written notification to Sub-recipient, suspend this Grant, in whole or in part,withhold payments to Sub-recipient and prohibit Sub-recipient from incurring additional obligations of this Grant's funds. Termination DPS/THSSAA shall have the right to terminate this Grant, in whole or in part,at any time before the end of the Performance Period, if DPS/THSSAA determines that Sub-recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice of the termination and include: 1. The reason(s)for such termination; 2. The effective date of such termination; and 3. In the case of partial termination,the portion of this Grant to be terminated. Appeal may be made to the Deputy Director of Homeland Security,Texas Department of Public Safety. Enforcement If Sub-recipient materially fails to comply with any term of this Grant,whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award,or elsewhere, DPS/THSSAA or DHS may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by Sub-recipient or more severe enforcement action by DPS/THSSAA or DHS; 2. Disallow,that is,deny both use of funds and matching credit for, all or part of the cost of the activity or action not in compliance; Page 10 OF 18 3. Wholly or partially suspend or terminate this Grant for Sub-recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. In taking an enforcement action, DPS/THSSAA will provide Sub-recipient an opportunity for a 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 resulting from obligations incurred by Sub-recipient during a suspension or after termination of this Grant are not allowable unless DPS/THSSAA or DHS expressly authorizes them in the notice of suspension or termination or subsequently. Other Sub-recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were properly incurred by Sub-recipient before the effective date 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-recipient from being subject to"Debarment and Suspension" under E.O. 12549. 44 C.F.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. Closing of the Grant A. DPS/THSSAA will close a sub-award after receiving Sub-recipient's final quarterly performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that Sub-recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to Sub-recipient. If Sub-recipient did not use all the funds received, DPS/THSSAA will issue a Grant Adjustment Notice(GAN)to recover the unused funds. Sub-recipient will return the funds to the DPS/THSSAA within 30 days of receiving the GAN. B. At the completion of Sub-recipient's performance period, DPS/THSSAA will de-obligate all uncommitted/unexpended funds. C. The closeout of this Grant does not affect: 1. DHS or DPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Sub-recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Sub-recipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. Please fill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print Name of Authorized Official Charles W. Daniels Title Assistant City Manager Sub-recipient Organization City of Fort Worth gnature of Authorized Official Date i I P Page 11 OF 18 EXHIBIT A ASSURANCES- NON-CONSTRUCTION PROGRAMS See Standard Form 4248 As the duly authorized representative of Sub-recipient, I certify that Sub-recipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability(including funds sufficient to pay the non-Federal share of project cost)to ensure proper planning, management and completion of the project described in this agreement. 2. Will give the Department of Homeland Security,the Department of Public Safety,the Comptroller General of the United States and, if appropriate,the State,through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest,or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C. §§4728-4763)relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination.These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L.88-352)which prohibits discrimination on the basis of race,color or national origin; (b)Title IX of the Education Amendments of 1972, as amended(20 U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19),which prohibits discrimination on the basis of sex; (c)Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. §794),which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 1975, as amended(42 U.S.C.§§6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L. 92-255),as amended, relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g)§§523 and 527 of the Public Health Service Act of 1912(42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)any other nondiscrimination provisions in the specific statute(s)under which agreement for Federal assistance is being made;and, (j)the requirements of any other nondiscrimination statute(s)which may apply to the application. 7. Will comply,or has already complied,with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L.91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply,as applicable,with provisions of the Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328)which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act(40 U.S.C. §276c and 18 U.S.C. §874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction sub-agreements. 10. Will comply, if applicable,with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 (P.L. 93-234)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a)institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190 as amended by 42 U.S.C.4311 et seq.and Executive Order(EO) 11514)which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for DHS grant-supported activities, DHS-FEMA requires the environmental aspects to be reviewed and evaluated before final action on the application(b)notification of violating facilities pursuant to EO 11738; (c)protection of wetlands pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e)assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§1451 et seq.); (f)comply with the Clean Air Act of 1977, (42 U.S.C.§§7401 et seq.and Executive Order 11738)providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical,and biological integrity of the nation's waters; (g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L. 93-523); and, (h)protection of endangered species under the Endangered Species Act of 1973,as amended(P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. §§1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,as amended (16 U.S.C. §470), EO 11593(identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348,45 C.F.R.46, and DHS Management Directive 026-044(Directive)regarding the protection of human subjects involved in research,development, and related activities supported by this award. "Research""means a systematic investigation, including research, development,testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for including humans in the womb, pregnant women,and neonates(Subpart B); prisoners(Subpart C);and children (Subpart D). See also state and local law for research using autopsy materials. Page 12 OF 18 15. Will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544,as amended, 7 U.S.C. §§2131 et seq.)which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale,used in research,transported commercially,or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals . 16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No.A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this program. Please fill in the appropriate information and sign to certify this Exhibit A. Print Name of Authorized Official Charles W. Daniels Title Assistant City Manager Sub-recipient Organization City of Fort Worth gnature of Authorized Official �J , Date i f r i? i i Page 13 OF 18 EXHIBIT B ASSURANCES-CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Sub-recipient, I certify that Sub-recipient: 1. Has the legal authority 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 title or other interest in the site and facilities without permission and instructions from the awarding agency.Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the 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 or State. 6. 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. 8. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C.§§4728-4763)relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R.900, Subpart F). 9. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.§§4801 et seq.)which prohibits the use of lead-based pain in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination.These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L.88-352)which prohibits discrimination on the basis of race, color or national origin; (b)Title IX of the Education Amendments of 1972, as amended(20 U.S.C.§§1681 1683, and 1685-1686 and 44 C.F.R. Part 19),which prohibits discrimination on the basis of sex; (c)Section 504 of the Rehabilitation Act of 1973, as amended(29)U.S.C.§794),which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and rehabilitation Act of 1970(P.L. 91-616),as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g)§§523 and 527 of the Public Health Service Act of 1912(42 U.S.C. §§290dd-3 and 290ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)any other nondiscrimination provisions in the specific statue(s)under which agreement for Federal assistance is being made;and(j)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 II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L. 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally-assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328)which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act(40 U.S.C. §276c and 18 U.S.C.§874), and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§327-333)regarding labor standards for federally-assisted construction sub-agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973(P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a)institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190)as amended by 42 U.S.C.4311 et seq. and Executive Order(EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters; (b)notification of violating facilities pursuant to EO 11738; (c)protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e)assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C.§§1451 et seq.); (f)comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738)providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters;(g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended(P.L. 93-523); and,(h)protection of endangered species under the Endangered Species Act of 1973, as amended(P.L.93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. §§1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. Page 14 OF 18 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593(identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No.A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this program. Please fill in the appropriate information and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official Charles W. Daniels Title Assistant City Manager Sub-recipient Organization City of Fort Worth i nature of Authorized'Official Date i I i r, f r. i Page 15 OF 18 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 paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee or a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all sub-awards at all tiers(including subcontract,sub-grants, and contracts under grants, loans, and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.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 to a denial of Federal benefits by a State or Federal court,or voluntarily excluded from covered transactions by any Federal department or agency; Sub-recipients can access debarment information by going to www.enls.aov or www.sam.gov and the State Debarred Vendor List www.window.state.tx.us/procurement/proa/vendor performance/debarred. 2. Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with commission of any of the offenses enumerated in paragraph(D)(2)of this certification; and 4. Have not within a three-year period preceding this agreement had one or more public transactions(Federal, State, or local)terminated for cause or default;or 5. Where the sub-recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this agreement. (Federal Certification) E. The Sub-recipient certifies federal funds will be used to supplement existing funds, and will not replace(supplant)funds that have been appropriated for the same purpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub-recipient must comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and sub-recipient must require such compliance in any sub-grants or contract at the next tier. G. Drug-free Workplace Act, as amended,41 U.S.C. §701 et seq.—Requires the recipient to publish a statement about its drug-free workplace program and give a copy of the statement to each employee(including consultants and temporary personnel)who will be involved in award-supported activities at any site where these activities will be carried out.Also, place(s)where work is being performed under the award(i.e., street address, city, state, and zip code)must be maintained on file.The recipient must notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F.R. Part 17. Sub-recipient shall comply with the requirements of the Drug-Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. H. Sub-recipient agrees that it is not delinquent on any Federal debt. I. Sub-recipient will comply with all applicable requirements of all other federal laws,executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. J. Sub-recipient understands that failure to comply with any of the above assurances may result in suspension,termination or reduction of grant funds. Please fill in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official Charles W. Daniels I Title Assistant City Manager i Sub-recipient Organization City of Fort Worth ignature of Authorized Official Date r Page 16 OF 18 i r EXHIBIT D State of Texas Assurances As the duly authorized representative of Sub-recipient, I certify that Sub-recipient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub-recipient's governing body or of the Sub-recipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person.This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer,employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Sub-recipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551,which requires all regular, special,or called meetings of governmental bodies to be open to the public,except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license,certificate,or permit to the owner, operator, or administrator of a facility if the Sub-recipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701,Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the Sub-recipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances.When incorporated into a grant award or contract,standard assurances contained in the application package become terms or conditions for receipt of grant funds.Administering state agencies and sub-recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section—.36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101,which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub-recipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to:(a)Title VI of the Civil Rights Act of 1964(P.L.88-352),which prohibits discrimination on the basis of race, color, or national origin; (b)Title IX of the Education Amendments of 1972, as amended(20 U.S.C.§§1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C. §794),which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities,44 U.S.C.§§ 12101-12213; (d)the Age Discrimination Act of 1974, as amended(42 U.S.C. §§6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972(P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970(P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g)§§523 and 527 of the Public Health Service Act of 1912(42 U.S.C. §§290dd-3 and 290ee-3),as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing;(i)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;and Q)the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act(40 U.S.C. §276c and 18 U.S.C.§874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L. 91-646),which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act(5 U.S.C. §§7321-29),which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Shall insure that the facilities under its ownership, lease,or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA(EO 11738). 15.Shall comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93-234.Section 102(a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. Page 17 OF 18 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190)and Executive Order(EO) 11514; (b)notification of violating facilities pursuant to EO 11738; (c)protection of wetlands pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e)assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§1451 et seq.); (f)conformity of federal actions to State(Clear Air) Implementation Plans under Section 176(c)of the Clear Air Act of 1955, as amended(42 U.S.C. §§7401 et seq.); (g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended(P.L. 93-523); and(h)protection of endangered species under the Endangered Species Act of 1973, as amended(P.L. 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. §§1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system.> 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended(16 U.S.C. §470), EO 11593(identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C. §§469a-1 et seq.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.)which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20. Shall comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro-Children Act of 1994(Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at httos://www.sam.aov/portal/public/SAM/ 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Please fill in the appropriate information and sign to certify this Exhibit D. Print Name of Authorized Official Charles W. Daniels Title Assistant City Manager Sub-recipient Organization City of Fort Worth Si§Qqture of Authorizetr Official �� Date Page 18 OF 18 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas Fr`lRT WORTH COUNCIL ACTION: Approved on 11/12/2012 - Ordinance No. 20499-11-2012 DATE: 11/12/2012 REFERENCE NO.: **C-25968 LOG NAME: 362012HSGP CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: Authorize Acceptance of Fiscal Year 2012 Homeland Security Grant Funds from the State of Texas, Texas Department of Public Safety in the Amount of$2,753,629.85, Approve Execution of All Applicable Grant Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acceptance of an award in the amount up to $2,753,629.85 of Fiscal Year 2012 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 No. 97.067: $2,151,709.85; Urban Area Security Initiative Law Enforcement Terrorism Prevention Activities grant, CFDA No. 97.008: $601,920.00; 2. Authorize the execution of all applicable grant contracts; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$2,753,629.85, subject to receipt of the award. 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 2012 UASI and UASI Law Enforcement Terrorism Prevention Activities (LETPA) grants program will be used by the Fire Department, Police Department and other City departments to maintain and improve the community's capacity to prepare for, prevent and respond to terrorism incidents and other natural disasters. The Office of Emergency Management will coordinate with City departments in the development and implementation of grant funded projects in the areas of threat assessment, risk reduction, capability sustainment, plan development, public education and training. The performance period of the UASI grant is from September 1, 2012 to May 14, 2014. 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 will be available in the current operating budget, as appropriated, of the Grants Fund. http://apps.cfwnet.org/council_packet/me review.asp?ID=17583&councildate=11/12/2012 6/9/2014 M&C Review Page 2 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451217 036442607000 $2,151,709.85 GR76 451217 036442608000 $601,920.00 GR76 (5 $2,151,709.85 VARIOUS) 036442607XXX GR76 (5 $601,920.00 VARIOUS) 036442608XXX 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 362012HSGP A01 3.doc FORT WORTH CITY OF - 2012 DFWA UASI.pd FORT WORTH CITY OF - 2012 UASI LE.Pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=17 5 8 3&councildate=11/12/2012 6/9/2014