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HomeMy WebLinkAboutOrdinance 17545-05-2007Ordinance No 17545-05-2007 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $13 619.20 SUBJECT TO RECEIPT OF THE HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING GRANT FROM THE STATE OF TEXAS GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT FOR THE PURPOSE OF FUNDING THE HAZARDOUS MATERIALS EMERGENCY PREPAREDENESS PROGRAMS IN THE EMERGENCY MANAGEMENT OFFICE, PROVIDING FOR A SEVERABILITY CLAUSE, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS SECTION 1 That in addition to those amounts allocated to the various City departments for Fiscal Year 2006-2007 and in the Budget of the City Manager there shall also be increased estimated receipts and appropriations in the Grants Fund in the amount of $13 619.20 subject to receipt of the Hazardous Materials Emergency Preparedness Planning Grant from the State of Texas Governor's Division of Emergency Management, for the purpose of funding the enhancement of hazardous materials preparedness programs in the Emergency Management Office. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3 That this ordinance shall be cumulative of Ordinance No 17142 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4 This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY Assistant City Attorney ADOPTED AND EFFECTIVE. May 15, 2007 Page 1 of 10 Contract Number 07-DEM-LEPC- 12 AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING GRANT STATE OF TEXAS COUNTY OF TRAVIS PARTIES Pursuant to the authority of TEXAS GOVERNMENT CODE §§ 418 043 and 418 044 and/or § 791 011 this agreement for a Hazardous Materials Emergency Preparedness Planning grant is made by and between the State of Texas acting by and through the Texas Department of Public Safety Governor's Division of Emergency Management, hereinafter called the 'STATE, and Fort Worth-Tarrant County hereinafter referred to as the 'COUNTY" serving as a fiscal agent for the Fort Worth-Tarrant County Local Emergency Planning Committee (LEPC) WITNESSETH WHEREAS the STATE has no programmed resources to implement this requirement of federal law and WHEREAS the STATE will receive funds from the United States Department of Transportation (DOT) to accomplish the tasks detailed in this agreement. AGREEMENT NOW THEREFORE, the STATE and the COUNTY in consideration of the mutual covenants and agreements contained herein do mutually agree as follows. The COUNTY agrees to perform hazardous materials emergency preparedness planning activities in connection with the project as stated in the Articles to follow and outlined hereafter and for having rendered such services the STATE agrees to pay to the COUNTY compensation for these services as set out in this agreement. All services performed under this agreement shall be performed under the supervision of the State Coordinator Governor's Division of Emergency Management (GDEM) represented by the Hazardous Materials Training Officer as the STATE project officer Page 2 of 10 1 CONTRACT PERIOD This agreement shall become effective upon the date of final execution by the STATE and shall be completed by _August 31, 2007 unless terminated in a manner defined herein 2. SERVICES TO BE PROVIDED BY THE COUNTY The COUNTY shall A. Complete the following project: The goal of the Tarrant County LEPC for Fiscal Year 2007 is to utilize it's vast membership and these grant funds to continue educating our first responders and citizens in chemical emergency preparedness, but more specifically in the area of gas wells and pipeline emergencies. B Provide the STATE the following deliverables 1) Monthly progress reports as outlined in Section 6 below 2) Monthly financial reports as outlined in Section 6 below 3) A final project report as outlined in Section 6 below together with a copy of public education products 4) A copy of any contract between Fort Worth-Tarrant County and any vendor for products or services related to the project as stated in Section 2 above 3. SERVICES TO BE PROVIDED BY THE STATE The STATE shall provide planning assistance to the COUNTY in the form of guidance so the COUNTY can timely complete the deliverables listed above 4 COMPENSATION AND METHOD OF PAYMENT A. The estimated total approved cost of the project which is the subject of this grant is. Thirteen thousand six hundred nineteen dollars and twenty cents ($13 619.20) B The maximum amount payable by the STATE under this agreement is Ten thousand eight hundred ninety five dollars and thirty-six cents ($10 895.36) C The COUNTY shall provide a cash or soft match of at least 20% of the total project cost or at least: Two thousand seven hundred twenty three dollars and eighty-four cents ($2 723.84) Page 3 of 10 The soft match may include any of the following expenses that are reasonable allowable and allocable to the project. 1) Salaries fringe benefits, per diem housing or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities. 2) Private contributions such as corporate contributions of facilities or services such as free classroom space 3) Voluntary contributions such as firefighter support, emergency personnel support, and the time of any LEPC member 4) Equipment or facilities used for exercises, whether public or private 5) Facility space necessary to conduct activities for the grant program 6) University students volunteering time to aid in collection of data. D To receive reimbursement for allowable costs the COUNTY shall submit as attachments to the monthly financial report an original and four copies of all invoices or receipts along with copies of canceled checks or other proof of payment for each invoice or receipt to the STATE for expenses paid by the COUNTY during the month covered by the report. E. The COUNTY shall furnish all equipment, materials and supplies required to perform the project, which is the subject of this grant. F All payments to the COUNTY shall be made when the COUNTY and a valid invoice or receipt pays expenses and proof of payment for each expense is submitted to the STATE. The total amount of the grant will be paid when all deliverables have been received and paid for by the COUNTY G The STATE shall make payment to the COUNTY within thirty (30) days from receipt of the COUNTY reimbursable expenses provided the request for payment is properly prepared, executed and documented H The COUNTY agrees to spend the average of the COUNTY Local Emergency Planning Committee expenditure for planning activities for the past two years in addition to the COUNTY twenty percent (20%) cost match for this grant. Page 4 of 10 5 INITIATION OF PROJECT WORK The COUNTY shall not begin the work outlined herein until final execution of this agreement by the STATE 6. INSPECTION OF WORK AND PROGRESS REPORTING A. The COUNTY shall from time to time during progress of the work defined herein confer with the STATE. The STATE's project officer has the right to inspect work being performed pursuant to this agreement in a manner that will not unduly delay the work. The COUNTY shall prepare and present such information and data as may be pertinent and necessary or as may be requested by the STATE in order to evaluate the progress of the work to be performed by the COUNTY B The COUNTY project officer shall render required reports to the STATE's project officer including 1) Commencing with March 2007, monthly progress reports in the format outlined in Attachment 1 to this agreement. Reports should be dispatched not later than the 20th of the month following that which the progress report covers 2) Commencing with March 2007, monthly financial reports with supporting documentation in the format outlined in Attachment 2 to this agreement. Reports should be mailed not later than the 20th of the month following that which the financial report covers 3) Not later than September 15. 2007, a final project report, which shall summarize the work, performed on the project and accomplishments and a final financial report with all remaining invoices for reimbursement, supported by appropriate documentation of expenses Monthly progress reports and the final project report may be submitted by mail facsimile or a-mail Financial reports which require original supporting documentation and the final project report must be sent by mail or courier 7 TERMINATION A. This agreement may be terminated by any of the following conditions 1) By mutual agreement and consent of both parties. 2) By the STATE upon written notice to the COUNTY as consequence of the COUNTY failure to perform the services herein in a satisfactory manner and within the limits provided with proper allowances being made for circumstances beyond the control of the COUNTY as determined in good faith and reasonable business judgment by the STATE Page 5 of 10 3 By the STATE for reasons of it's own and not subject to the mutual consent of the COUNTY upon not less than ten (10) days written notice to the COUNTY 4 By satisfactory completion of all services and obligations described herein. B Should the STATE terminate this agreement as herein provided no expenses except those due and payable at the time of termination shall thereafter be paid to the COUNTY Payment for the work at the time of termination shall be based upon work completed at that time C The termination of this agreement and payment of any amount in the settlement as prescribed herein shall extinguish all rights, duties obligations and liabilities of the STATE and the COUNTY under this agreement. 8 DISPUTES The COUNTY shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the COUNTY in support of this grant program Any disputes concerning the work or obligations defined herein or additional costs or any non- procurement issues shall be settled at the sole discretion of the Department of Public Safety 9 INDEMNIFICATION To the extent authorized by the Constitution and Laws of the State of Texas the COUNTY shall indemnify and hold harmless the STATE, its officers and employees from all third party claims for injury to or death of persons and damage to or loss of physical property directly due to activities of itself its agents contractors officers or employees performed under this agreement and which result from the negligence or willful misconduct of the COUNTY or of any person employee by the COUNTY The COUNTY shall also indemnify and hold harmless the STATE its officers and employees from any and all expenses including attorney fees which might be incurred by the STATE its officers and employees as a result of such activities by the COUNTY its agents contractors officers and employees 10 COMPLIANCE WITH LAWS The COUNTY shall comply with all federal state and local laws, statutes ordinances, rules, regulations and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this agreement. Page 6 Of 10 11 ASSURANCES The COUNTY assures that no person shall on the grounds of race creed color handicap national origin gender political affiliation or beliefs be excluded from be denied benefit of or be subject to discrimination under any program or activity funded in whole or in part under this agreement. Incorporated by reference the same as if specifically written herein are rules regulations and all other requirements imposed by law including but not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas To the extent it applies COUNTY/COUNTY shall comply with Texas Government Code Chapter 783 1 TAC 5 141 et seq and the Uniform Grant Management Standards State Uniform Administrative Requirements for Grants and Cooperative Agreements Section III Subpart B §_ 14 (Attached as Attachment 3") 12 AUDIT REQUIREMENTS The COUNTY hereby agrees to comply with the requirements specified in the Single Audit Act, 31 U S C §§ 7500 et seq (Supp 1999) (Public Law 104-156) as applicable 13 WRITTEN MODIFICATION No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties 14 EQUAL EMPLOYMENT OPPORTUNITY The Grantee agrees to comply with all provisions of Executive Order No 11246 (September 24 1965) and of the rules regulations and relevant Orders of the Secretary of Labor 15 RIGHTS IN DATA A. The term 'subject data as used in this agreement means recorded information whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs audio-visual recordings such as films or videotapes text in specifications or related performance or design-type documents machine forms such as punched cards magnetic tape or computer memory printouts, and information retained in computer memory 1) Examples of 'subject data" include but are not limited to engineering drawings and associated' lists, specifications standards, process sheets manuals technical reports catalog item identifications and related information 2) The term does not include financial reports, costs analysis and similar information incidental to program administration Page 7 of 10 B With respect to all subject data first produced in the performance of this Agreement, DOT reserves aroyalty-free non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use for Federal Government purposes 1) Any work developed under the grant, sub-grant, or third party contract, irrespective of whether or not a copyright has been obtained and 2) Any rights of copyright to which the Grantee sub-grantee or third-party contractor purchases ownership with DOT assistance C When DOT provides assistance to a Grantee for a program involving emergency planning and training it is DOT's intent to increase the body of transportation knowledge rather than to limit the benefit of the program to the parties to the agreement. Therefore the Grantee that has received assistance to support research financed under the Federal Hazardous Materials Transportation Law (49 U S C Section 5101 et. seq) understands and agrees that, in addition to the rights set forth in sub-section 15 8 of this Agreement, DOT may make available to any DOT Grantee sub-grantee sub-recipient, third-party contractor or third party subcontractor either DOT's license in the copyright to the 'subject data" derived under this agreement. D The Grantee must indemnify save and hold harmless DOT officers, agents, and employees acting within the scope of their official duties against any liability including costs and expenses resulting form any willful or intentional violation by the Grantee of proprietary rights copyrights, or right of privacy arising out of the publication translation reproduction delivery use or disposition of any data furnished under this agreement. E. Nothing contained in this clause implies a license to DOT under any patent or can be construed as affecting the scope of any license or other right otherwise granted to DOT under any patent. F Subsections 15 B through 15 D of this document are not applicable to material furnished to the Grantee by DOT and incorporated in the work furnished under the Agreement, provided that the Grantee identifies the incorporated material when the work is delivered G If the program which is the subject of this agreement, is not completed for any reason whatsoever all data developed under that program becomes subject data as defined in Subsection 15.A of this Agreement and must be delivered as DOT may direct. H The requirements of Subsections 15.A through 15 G of this document must be included in all third-party contracts of the Grantee under this program 16 THE GRANTEE AGREES Page 8 of 10 A. To comply with the provisions of the Privacy Act of 1974 5 U S C § 552a and implementing regulations when performance under the program involves the design development, or operation of any system of records on individuals to be operated by the Grantee its third-party contractors subcontractors subgrantees or their employees to accomplish a DOT function B To notify DOT when the Grantee or any of its third-party contractors, subcontractors sub-grantees sub-recipients or their employees anticipate operating a system of records on behalf of DOT in order to implement the program if such system contains information about an individual's name or other identifier assigned to the individual The Grantee may not use a system of records subject to the Act in performing this Agreement until the necessary and applicable approval and publication requirements have been met. The Grantee its third- party contractors subcontractors sub-grantees and their employees agree to correct, maintain disseminate and use such records in accordance with the terms of the Act, and to comply with all applicable terms of the Act; C To include in every solicitation and in every third-party contract, sub-grant, when the performance of work under that proposed third-party contract, sub-grant or sub- agreement may involve the design development, or operation of a system of records on individuals to be operated under that third-party contract, sub-grant, or to accomplish a DOT function a Privacy Act notification informing the third party contractor or sub- grantee that it will be required to design, develop or operate a system of records on individuals to accomplish a DOT function subject to the Privacy Act of 1974 5 U S C § 552a and applicable DOT regulations and that a violation of the ACT may involve the imposition of criminal penalties and D To include the text of subsections 16.A through 16 C in all third-party contracts and sub- grants under which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design development, or operation of such a system of records on behalf of DOT 17 DEBARMENT AND SUSPENSION The Grantee must obtain from its third-party contractors subcontractors and sub grantees the certification required by 49 CFR Part 29 18 FALSE OR FRADULENT STATEMENT OF CLAIMS The Program Fraud Civil Remedies found in 49 C F R. Part 31 apply to this program The Grantee acknowledges that if it makes a false fictitious or fraudulent claim statement, submission or certification to DOT in connection with this program DOT has the right to pursue and impose on the Grantee civil and criminal penalties 19 The recipient agrees that it and its contractors sub-contractors employees and representatives will comply with all applicable provisions of 49 CFR 48 49 CFR Page 9 of 10 11 O and any amendment to this agreement. 20 PROJECT OFFICERS The project officers for this agreement are A. For the STATE. Name Comet Russell Training & Exercise Unit Supervisor Governor's Division of Emergency Management Texas Department of Public Safety Address PO Box 4087 Austin Texas 78773-0225 Telephone (512) 424-2197 Fax: (512) 424-5647 E-mail comet.russell@txdps state tx.us B For the COUNTY Name Summer Wilhelm Tarrant County Grant Manager Address. 1000 Throckmorton Street Fort Worth Texas 76102 Telephone (817) 392-6171 Fax: (817) 378-6180 E-mail summer Wilhelm@fortworthgov org 21 SIGNATORY AUTHORITY The undersigned signatory for the COUNTY hereby represents and warrants that he/she is an officer of the organization for which he/she has executed this agreement, and that he/she has executed this agreement, and that he/she has full and complete authority to enter into this agreement on behalf of the COUNTY Page 10 of 10 IN TESTIMONY WHEREOF the parties hereto have caused this agreement to be executed in duplicate effective the date of the last signature to this agreement. FOR THE STATE Texas Department of Public Safety Name of Agency FOR THE COUNTY Fort Worth-Tarrant County Name of Jurisdiction BY Authorized Signature Oscar Ybarra Printed Name Chief of Finance Title Date Authorized Signature Printed Name Title Date Fiscal Year 2007 Hazardous Materials Emergency Preparedness Planning Grant ASSURANCES CERTIFICATIONS Page 1 of 2 APPENDIX A CERTIFICATION DRUG FREE WORKPLACE ACT OF 1988 The recipient certifies that it will provide adrug-free workplace by' 1 Publishing a statement notifying employees that the unlawful manufacture distribution dispensing possession course of a controlled substance is prohibited in the recipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition 2 Establishing adrug-free awareness program to inform employees about: A. The dangers of drug abuse in the workplace B The recipient's policy of maintaining adrug-free workplace C Any available drug counseling rehabilitation and employee assistance programs and D The penalties that may be imposed on employees for drug abuse violations occurring in the workplace 3 Making it a requirement that each employee to be engaged in the performance of the project be given a copy of the statement required by paragraph (a) 4 Notifying each employee in the statement required by paragraph that, as a condition of employment under the award the employee must: A. Abide by the terms of the statement; and B Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction 5 Notifying the Award Official within 10 days after receiving notice under subparagraph (d) 2, from an employee or otherwise receiving actual notice of such conviction 6 Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)2 with respect to any employee who is so convicted A. Appropriate personnel action against such an employee up to and including termination or Page 2 of 2 B Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal State or local health law enforcement, or other appropriate agency 7 Making agood-faith effort to continue to maintain adrug-free workplace through implementation of paragraphs 1 2, 3 4 5 and 6 Place of Performance Street address COUNTY COUNTY State, Zip Code Date Fort Worth Tarrant County by' (Name of Grant Recipient) (Signature of Authorized Official) Page 1 of 1 APPENDIX B U.S. DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS TRAINING AND PLANNING GRANTS CERTIFICATION OF COMPLIANCE. WITH GOVERNMENT-WIDE GUIDANCE ON LOBBYING RESTRICTIONS (31 U S.C 1352) The Fort Worth-Tarrant County (Grant Recipient) Certifies to the best of his or her knowledge and belief that: No Federal appropriated funds have been paid or will be paid by or on behalf of the Grant Recipient, to any person for influencing or attempting to influence an officer or employee of any agency a Member of Congress and 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, or modification of any Federal contract, grant, loan or cooperative agreement. 2. 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 of a member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Grant Recipient shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying in accordance with its instructions. 3 The Grant Recipient shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts 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 for such failure Date Fort Worth-Tarrant County by• (Name of Grant Recipient) (Signature of Authorized Official) Page 1 of 2 APPENDIX C ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION The State of Texas (hereinafter referred to as the 'Recipient") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964 78 Stat. 252, 42 U S C 2000d-42 U S C 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49 Code of Federal Regulations Department of Transportation Subtitle A. Office of the Secretary Part 21 Nondiscrimination in Federally-assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives to the end that in accordance with the Act, Regulations and other pertinent directives no person in the United States shall on the grounds of race color sex or national origin be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation and HEREBY GIVE ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21 7(a)(1) of the Regulations More specifically and without limiting the above general assurance the Recipient hereby give the following specific assurance with respect to the project. 1 That the Recipient agrees that each 'program and each 'facility" as defined in subsections 21 23(e) and 21 239(b) of the Regulations will be (with regard to a 'program") conducted or will be (with regard to 'facility") operated in compliance with all requirements imposed by or pursuant to the Regulations 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and in adapted form in all proposals for negotiated agreements. The Recipient, in accordance with Title VI of the Civil Rights Act of 1964 78 State 252, 42 U S C 2000d to 2000d-4 and Title 49 Code of Federal Regulations Department of Transportation Subtitle A, Office of the Secretary Part 21 Nondiscrimination in Federally-assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regard to any Page 2 of 2 contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race color sex or national origin in consideration for an award 3 That the Recipient shall insert the clauses of Appendix B of this assurance in every contract subject to the Act and the Regulations 4 That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project. 5 The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other recipients subgrantees contractors subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance 6 The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations and this assurance THIS ASSURANCE is given in considerations of and for the purpose of obtaining any and all Federal grants loans contracts property discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation and is binding on it, other recipients sub-grantees, contractors, Sub-contractors transferees successors in interest and other participants in the Department of Transportation Program The person or persons who signatures appear below are authorized to sign this assurance on behalf of the Recipients. Date Fort Worth-Tarrant County by~ (Name of Grant Recipient) (Signature of Authorized Official) Page 1 of 2 APPENDIX D ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION During the performance of this contract, the contractor for itself its assignees and successors in interest (hereinafter referred to as the contractor") agrees as follows Compliance with Regulations. The contractor shall comply with the Regulations to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter 'DOT") Title 49 Code of Federal Regulations Part 21 as they may be amended from time to time (hereinafter referred to as the Regulations) which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor with regard to the work performed by it during the contract, shall not discriminate on the grounds of race color sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations 3 Solicitation for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race color sex, or national origin 4 Information and Reports. The contractor shall provide all information and information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the State of Texas or the Research and Special Programs Administration as appropriate and shall set forth what efforts it has made to obtain the information 5 Sanctions for Noncompliance In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the State of Texas shall impose contract sanctions as it or the Research and Special Programs Administration may determine to be appropriate including but not limited to Page 2 of 2 (a) withholding of payments to the contractor under the contract until the contractor complies and/or (b) cancellation termination or suspension of the contract, in whole or in part. 6 Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto The contractor shall take such action with respect to any sub- contract or procurements as the State of Texas or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance Provided however that in the event a contractor becomes involved in or is threatened with litigation with a subcontract or supplier as a result of such direction the contractor may request the State of Texas to enter into such litigation to protect the interests of the State of Texas and in addition the contractor may request the United States to enter into such litigation to protect the interests of the United States Date Fort Worth-Tarrant County (Name of Grant Recipient) (Signature of Authorized Official) Page 1 of 2 APPENDIX E ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION The following clauses shall be included in all deeds licenses permits or similar instruments entered into by the State of Texas The [grantee licensee lessee permittee etc. as appropriate] for herself/himself his/her heirs, personal representatives successors in interest, and assigns as a part of the consideration hereof does hereby covenant and agree [in the case of deeds and leases add as a covenant running with the land"] that in the event facilities are constructed maintained or otherwise operation on the said property described in this [deed license lease permit, etc.] for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits the [grantee licensee lessee permittee etc.] shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49 Code of Federal Regulations Department of Transportation Subtitle A, Office of the Secretary Part 21 Nondiscrimination of Federally- Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 and as said Regulations may be amended [Include in licenses leases permits etc.]* That in the event of breach of the above nondiscrimination covenants State of Texas shall have the right to terminate the [license lease permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [licenses lease permit, etc ]had never been made or issued. [Include in deeds]* That in the event of breach of any of the above nondiscrimination covenants State of Texas shall have the right to re-enter said lands and facilities thereon and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of State of Texas and its assigns The following shall be included in all deeds licenses leases permits or similar agreements entered into by State of Texas The [grantee licensee lessee permittee etc. as appropriate] for herself/himself his/her personal representatives successors in interest, and assigns, as a part of the consideration hereof does hereby covenant and agree [in case of deeds and leases Page 2 of 2 add as a covenant running with the land"] that (1) no person on the grounds of race color sex, or national origin shall be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities (2) that in the construction of any improvements on over or under such land and the furnishing services thereon, no person on the grounds of race color sex, or national origin shall be excluded from the participation in be denied the benefits of or be otherwise subjected to discrimination and (3) that the [grantee licensee lessee permittee etc.] shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49 Code of Federal Regulations Department of Transportation Subtitle A, Office of the Secretary Part 21 Nondiscrimination in Federally- Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 and as said Regulations may be amended [Include in deeds]* '`Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964 Date Fort Worth-Tarrant County _ by' (Name of Grant Recipient) (Signature of Authorized Official) Page 1 of 1 ATTACHMENT 1 HMEP PLANNING GRANT MONTHLY PROGRESS REPORT LEPC Jurisdiction acting as fiscal agent: For the Month of Project Progress During the Month. (Should include a description of the work that has been performed, major purchases, if any and an estimate of the percent of the project completed to date For projects that involve multiple tasks, discuss each and indicate which tasks, if any are complete ) 2. Problems Impeding Project & Actions Taken to Resolve Those Problems: 3 Planned Project Work for the Next Month (Should include a description of work to be performed, major purchases planned, if any For projects that involve multiple tasks, discuss each 4 Estimated Project Completion Date Signature of Local Project Officer Title of Local Project Officer Page 1 of 1 ATTACHMENT 2 MONTHLY FINANCIAL REPORT FORMAT HMEP PLANNING GRANT MONTHLY FINANCIAL REPORT LEPC Jurisdiction acting as fiscal agent: For the Month of 1 Project Cost (from Grant Agreement) $ 2. State Share (from Grant Agreement) $ 3 Local Match Share (from Grant Agreement) $ 4 Expenses previously submitted for State reimbursement $ 5 State reimbursement requested this report $ Paid To Date Amount Purpose (An original and four copies of valid invoices or receipts and proof of payment for expenses (in the form of canceled checks, bills marked 'paid in full" or other proof) must be attached to this report in order to receive state reimbursement for allowable expenses ) 6 Local match expenditures incurred (Local match may be a cash match or a soft match which could be one or more of the following: A. Salaries, fringe benefits, per diem, lodging or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities B Public or private contributions of goods, such as paper or services, such as printing, at fair market value. C Voluntary contributions of labor by either public or private employees, valued at their normal rate of pay D Equipment used for exercises, whether public or private valued at its normal rental rate. E. Facilities necessary to conduct activities for the grant program valued at market lease rates F Students volunteering time, valued at prevailing minimum age.) 7 State Share balance (Line 2 [4+5]) $ 8 Local Match Share balance (Line 3-6) Signature of Local Financial Officer Title of Local Financial Officer ATTACHMENT 3 § 14 State of Texas Assurances Page 1 of 3 () Scope. In addition to federal requirements, state law requires number of assurances from applicants for federal pass-through other state-appropriated funds. An attempt has been made below to list major state and federal assurances. Generally, not all of these assurances will be reauired for any one rant However it is the applicant's responsibility to ensure that all assurances required by the awardin~gency are submitted. The legal nstrument for awarding state funds must be consistent with the standards prescribed herein, however these standard conditions or assurances may be ncorporated into contracts grant agreements by eference rather than by being eproduced their entirety (1) RELATIVES. A subgrantee must comply with T xas Government Code, Chapter 573 by ensuring that no officer employee, or member of the applicant's governing body or of the applicant's contractor shall ote or confirm the employment of any person related within the second degree of affinity the third degree of consanguinity to any member of the governing body 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 appointment of the officer employee, or governing body member related to such person in the prohibited degree. (2) PUBLIC INFORMATION. A subgrantee must nsure that all information collected, assembled, or maintained by the applicant 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) OPEN MEETINGS. A subgrantee must comply with Texas Government Code, Chapter 551 which requires all egular special, or called meetings of governmental bodies to be open to the public, xcept as otherwise provided by law or specifically permitted in the Texas Constitution. (4) CHILD SUPPORT PAYMENTS. A subgrantee must comply with Section 231 006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. (5) HEALTH, HUMAN SERVICES, PUBLIC SAFETY OR LAW ENFORCEMENT AGENCY If the subgrantee health, human ervices, public safety or law nforcement agency it will of contract with or sue a license, certificate, or permit to the owner operator administrator of facility if the license, permit, or certificate has been revoked by another health nd human services agency or public safety or law enforcement agency (6) LAW ENFORCEMENT AGENCY. If the subgrantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701 it must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701 Texas Occupations Code must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards nd Education that the agency is in the process of achieving compliance with such rules. (7) ADMINISTRATION. When incorporated into grant award or contract, standard assurances contained in the application package become terms conditions for receipt of grant funds. Administering state agencies and local subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See Section _.36 for additional guidance on contract provisions). (8) SUSPECTED CHILD ABUSE. A subgrantee must 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 nd Regulatory Services. Subgrantees shall also nsure that all program personnel re properly trained and aware of this requirement. (9) NONDISCRIMINATION. Subgrantees will omply with all federal statutes elating 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 ace, color or national origin, (b) Title IX of the Education Amendments of 1972, as Page 2 of 3 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 amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990• (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, T atment, 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 eq.), as amended, relating to nondiscrimination in the sale, ntal, or financing of housing; (i) any other nondiscrimination provisions the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. (10) LABOR STANDARDS. Subgrantees 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), egarding labor standards for federally assisted construction subagreements. (11) DISPLACED PERSONS. Subgrantees will comply with equirements 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 whose property is acquired as a result of Federal federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. (12) POLITICAL ACTIVITY. Subgrantees will 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 in part with Federal funds. (13) LABOR FAIR STANDARDS ACT. Subgrantees will 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) EPA VIOLATING FACILITIES. Subgrantees will insure that the facilities under its ownership, lease, supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating F ilities nd that it will notify the Federal grantor agency of the receipt of ny 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) FLOOD INSURANCE. Subgrantees will 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() requires the purchase of flood insurance in communities where ch surance ilable as ndition for the ipt of ny Federal financial assistance for construction acquisition proposed for use in any rea that has been identified by the Secretary of the Department of Housing and Urban Development as an rea having special flood hazards. (16) ENVIRONMENTAL STANDARDS. Subgrantees 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) and Executive Order (EO) 11514 (b) notification of iolating facilities pursuant to EO 11738, ()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 eq. ); (f) nforrnity 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 eq. ); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974 as amended (P.L. 93-523); nd (h) protection of ndangered species nder the Endangered Species Act of 1973 as amended (P.L. 93-205). (17) WILD AND SCENIC RIVERS. Subgrantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U S.C. §§1271 et eq.) elated to protecting components or potential components of the ational wild and scenic ers system. Page 3 of 3 (18) HISTORIC PRESERVATION. Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, amended (16 U S.C. §470), EO 11593 (identification nd protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S C §§469a-1 et eq. ). (19) ANIMAL TREATMENT. Subgrantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544 amended, 7 U.S.C. §§2131 et eq.) pertaining to the care, handling, nd treatment of warm blooded animals held for research, teaching, other activities supported by this award of assistance. (20) LEAD-BASED PAINT. Subgrantees will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et eq.) which prohibits the of lead-based paint in construction or ehabilitation of residential structures. (2l) SMOKING PROHIBITION. Subgrantees will comply with Public Law 103-277 also known as the Pro- Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children defined by the Act. (22) TAXES. Subgrantees will comply with all federal tax laws and are solely sponsible for filing all equired state and federal tax forms. (23) COMPLIANCE WITH REQUIREMENTS. Subgrantees will comply with all applicable equirements of all other federal and state laws, executive orders, egulations, and policies governing this program. (24) INELIGIBLE APPLICANTS. The applicant 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 nd it is of listed on state or federal government's terrorism watch list as described in Executive Order 13224 Entities ineligible for federal procurement are listed at http.//www.epls. ov (25) HIV/AIDS. Subgrantees must 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 eq Date Fort Worth-Tarrant County (Name of Grant Recipient) (Signature of Authorized Official) City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 5/15/2007 Ordinance No 17545-07 2005 DATE Tuesday May 15 2007 LOG NAME 02FY07HMEPG REFERENCE NO *C-22112 SUBJECT Accept a Grant from the Governor's Division of Emergency Management for Hazardous Materials Emergency Preparedness Planning Authorize Execution of a Grant Agreement; Approve and Accept In-Kind Contribution from Tarrant County Local Emergency Planning Committee and Adopt Appropriation Ordinance RECOMMENDATION It is recommended that the City Council• 1 Approve acceptance of a grant for $13 619.20 for Hazardous Materials Emergency Preparedness Planning from the Governor's Division of Emergency Management; 2. Authorize the City Manager subject to grant receipt, to enter into a Grant Agreement with the State Division of Emergency Management and adhere to the grant specifications 3 Approve and accept a contribution of in-kind labor from the Tarrant County Local Emergency Planning Committee of up to $2,723 84 (20 percent match of the grant of $13 619 20) and 4 Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund by $13 619.20 subject to receipt of the grant. DISCUSSION The Hazardous Materials Emergency Preparedness (HMEP) Program is a federal grant provided to state and local governments to improve their capability to prepare for and respond to hazardous materials incidents by enhancing the implementation of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U S C 11001) The HMEP grant will help educate citizens about how to react to chemical release incidents and support training for first responders in the City of Fort Worth and Tarrant County The grant requires a match of 20 percent of the project budget, which can be satisfied through the provision of in-kind labor The required 20 percent match of $2,723 84 will be provided by the members of the Tarrant County Local Emergency Planning Committee in in-kind labor Grant funds will be used to 1 Sponsor pipeline emergency training class for local responders. 2. Expand distribution of gas well/pipeline safety brochures. 3 Purchase a public education display 4 Sponsor attendance of several first responders to the 2007 HotZone Conference. Logname: 02FY07HMEPG Page 1 of 2 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that upon award and receipt of the grant, approval of the above recommendations and adoption of the attached appropriation ordinance funds will be available in the current operating budget, as appropriated of the Grants Fund TO Fund/Account/Centers FROM Fund/AccountlCenters GR76 451952 002450198000 $10.895.36 GR76 488339 002450198000 2 723.84 GR76 5(VARIOUS) 002450198010 $10.895.36 GR76 517060 002450198020 2 723.84 Submitted for City Manager's Ofbce by_ Joe Paniagua (6140) Originating Department Head. Juan Ortiz (6173) 0 Summer Wilhelm (6171) Additional Information Contact: Eric Carter (2877) Logname 02FY07HMEPG Page 2 of 2