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HomeMy WebLinkAboutPR 19441: ACCEPTANCE OF THE FY 2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT City of ort rthuur Texas INTEROFFICE MEMORANDUM Office of the Police Chief Date: July 13, 2016 To: Brian McDougal, City Manager From: Weldon Dunlap, Interim Police Chief RE: Proposed Resolution No. 19441 Nature of the Request: To seek approval from the City Council by adopting Proposed Resolution 19441, authorizing the City Manager to accept the FY 2016 Emergency Management Performance Grant award of$37,869.65 Staff Analysis, Considerations: The Emergency Management Performance Grant Program provides federal funding to assist state and local governments in developing and carrying out emergency management programs. Grant funding also encourages improvement of mitigation, preparedness, response, and recovery capabilities for all hazards, and also to support local comprehensive emergency management programs. Recommendations: The Police Department recommends that the City Council adopt Proposed Resolution 19441, authorizing the City Manager to accept the FY 2016 Emergency Management Performance Grant award of$37,869.65, to assist state and local governments in developing and carrying out emergency management programs. Budget Considerations: None "Remember we are here to serve the Citizens of Port Arthur" P.O.BOX 1089 * PORT ARTHUR,TEXAS 77641-1089 * 409/983-8101 *FAX 409/982-6743 P.R. No. 19441 07/13/16 jdo RESOLUTION NO. A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE FY 2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT IN THE AMOUNT OF $37, 869 . 65 . WHEREAS, the Emergency Management Performance Grant Program provides federal funding to assist state and local governments in developing and carrying out emergency management programs; and WHEREAS, Emergency Management Performance Grant funds are used to support local comprehensive emergency management programs; and WHEREAS, grant funding also encourages improvement of mitigation, preparedness, response, and recovery capabilities for all hazards . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . That the City Manager is hereby authorized to accept the FY 2016 Emergency Management Performance Grant award of $37, 869 . 65 as outlined in Exhibit "A" . Section 3 . That this grant award will be used to support local comprehensive emergency management programs to improve mitigation, preparedness, response, and recovery capabilities for all hazards . Section 4 . That a copy of the Resolution be spread upon the minutes of the City Council . READ, ADOPTED AND APPROVED on this day of , A.D. , 2016, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers : NOES : Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPRIVED AS TO FORM: AdatI Val T zeil, City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager Exhibit "A" TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N LAMAR BLVD a BOX 4087•AUSTIN,TEXAS 78773-0001 tuF p„ 512/424-2000 ; rOe N www.dps.texas.gov / ', , 1#20 i .0k40) STEVEN C.McCRAW COMMISSION DIRECTOR A.CYNTHIA LEON,CHAIR DAVID O.BAKER MANNY FLORES 20BERT J.BODISCH,SR FAITH JOHNSON DEPUTY DIRECTORS STEVEN P.MACH RANDY WATSON June 29, 2016 Brian McDougal ' Port Arthur City Manager P.O. Box 1089 Port Arthur, TX 77641-1089 Dear City Manager McDougal: This letter is to advise you that your application to participate in the Emergency Management Performance Grant (EMPG) program during Fiscal Year 2016 (FY 16) has been approved. The enclosed "Notice of Sub-recipient Grant Award" specifies the federal EMPG program funding that will be provided to your jurisdiction during FY 16. This document must be signed by the"Authorized Official" indicated on the"Designation of EMPG Grant Officials"form (TDEM-17B)submitted in your original application. The signed "Notice of Sub-recipient Grant Award" must be returned to the Texas Division of Emergency Management (TDEM)within 45 days of the date of this letter. Failure to return documentation to TDEM within 45 days may result in redistribution of award funds to another jurisdiction. Participation in the EMPG program requires adherence to all tasks outlined in the 2016 Local Emergency Management Performance Grant(EMPG) Guide located online at: http://www.txdps.state,tx.us/dem/CouncilsCammittees/EMPG/empgCurrentGuide.pdf. The 2016 Terms and i Conditions are also enclosed for your review. 1 Of these tasks, there are three reports(financial, metrics, and progress reports)that must be submitted throughout the grant year. Due dates are outlined in the"EMPG Application Timeline"enclosure, I If your jurisdiction does not wish to participate in the FY 16 EMPG program, please submit a letter from your I authorized official requesting termination of participation. If you have any questions, please contact the EMPG Program Supervisor(Lisa Resendez at € Lisa.Resendez@dps.texas.gov or 512-424-7511/512-574-1473) or your District Coordinator. Respectfu •04-20."--.9:- 1 „<„ W. Nim Kidd, CEMQ°, TEM' 1 Chief 1 Texas Division of Emergency Management { Assistant Director } Texas Homeland Security i Texas Department of Public Safety j EQUAL OPPORTUNITY EMPLOYER COURTESY•SERVICE•PROTECTION • i i 3 TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS DIVISION OF EMERGENCY MANAGEMENT(IDEM) NOTICE OF SUBRECIPIENT GRANT AWARD Program Title: FY 2016 Emergency Management Performance Grant DHS Instrument Number: 2016-EP-00011 TDEM Grant Number: 16TX-EMPG-0396 Administered By: Texas Department of Public Safety Texas Division of Emergency Management P.O.Box 4087 Austin,Texas 78773-0220 SubRecipient: City of Port Arthur P.O.Box 1089 • Port Arthur,TX 77641-1089 Amount of Grant: $37,869.65 Period of Grant: October 1, 2015 to March 31,2017 The period of grant reflects a six(6)month PROGRAMMATIC EXTENSION ONLY to complete and close out your FY 16 EMPG grant year. Signing Acceptance of this document means that you accept and will comply with atl requirements listed in the attached FY 2016 Terms and Conditions. AGENCY APPROVAL GRANT ACCEPTANCE 7/. 4* /716;- Authorized Signature Required W.Nim Kidd,.CBM Printed Name/Title: Assistant Director Texas Department of Public Safety Chief Texas Division of Emergency Management Date: 06/29/2016 Date: Return Signed Copy of This Page within 45 days to: Texas Department of Public Safety Texas Division of Emergency Management Attention: Heather Baxter,Grant Technician P.O.Box 4087 Finance and Grant Management MSC 0229 Austin,TX 78773-0220 2016 Emergency Management Performance Grant (EMPG) Terms and Conditions 1. Purpose: The FY 2016 priority for this program is to advance 'Whole Community" security and emergency management. Grant funds will be used to support local comprehensive emergency management programs to encourage improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. Funding may be used to support activities that contribute to the capability to manage consequences from acts of terrorism. Funds provided may also be used to accomplish initiatives described in the Federal Program Guidelines, including local implementation of the National Incident Management System (NIMS), incorporation of appropriate references to the National Response Framework (NRF) into local plans, homeland security assessment and strategy integration, and assessment of local emergency management program using Emergency Management Assessment Program (EMAP) standards. 2. Grant Conditions: Identify the source of funding under which this award is funded and reference the government code. The federal grant terms and conditions are located at: http://www.fema.qov/media-library/assets/documents/92248 3. Grant Acceptance: Notice of Subrecipient Grant Award remains an offer until the signed copy of the Acceptance of Subrecipient Grant Award is received by the Department of Public Safety in accordance with the instructions provided in the transmittal letter. 4. Work to Be Performed: The approved FY 2016 Statement of Work and Progress Report template outlines eight tasks that the grantee must perform during the grant period. The following additional tasks are also required of Subrecipients: A. Implement (NIMS) at the local level. B. Incorporate pertinent information concerning NRF into the local or inter- jurisdictional emergency management plan and its annexes. C. Subrecipients must have a tracking system of record to organize and coordinate resources in response to incidents. D. During the performance period of this grant, Subrecipient must maintain an emergency management plan at the Advanced Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be accomplished by jurisdictions maintaining their own emergency management plan or participating in an inter-jurisdictional emergency management program that meets the required standards. If TDEM identifies deficiencies in the Subrecipient's plan, Subrecipients will correct deficiencies within sixty (60) days of receiving notice of such deficiencies from TDEM. E. Subrecipients must maintain an updated inventory of equipment purchased through this grant program in accordance with Uniform Grant Management Standards -- Ill, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart C-Post-Award Requirements, Reports, 1 Records, Retention, and Enforcement, Equipment and the Department of Homeland Security (DHS), Office of Grant Operations Financial Management Guide. F. The Subrecipient agrees that any equipment purchased with funds through this grant program shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 5. Grant Funding: Lists the amount of funding for this award. The amount of this grant may be less than the amount requested in your Application for Federal Assistance due to limits on federal funding for the EMPG program. However, EMPG grant recipients should continue to report all eligible expenses in quarterly financial reports. In the event additional program funding becomes available from the federal government or unspent EMPG funds remain at the end of the fiscal year, TDEM may be able to allocate additional funding to EMPG program participants. 6. Financial and Administrative Requirements: In Accordance with 44 Code of Federal Regulations (CFR) Part 13, Subrecipient agrees to comply with the applicable financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide located at http://www.oio.usdoi.cov/financialquider A. All emergency management program costs for which the Subrecipient seeks reimbursement must be eligible in accordance with Office of Management and Budget (OMB) Circular A-87, Cost Principles or State, Local, and Indian Tribal Governments. A copy of that document is available at: http://www.whitehouse.gov/omb/circulars. B. Subrecipient will comply with the organizational audit requirements of OMB Circular A- 133, Audits of States, Local Governments, and Non-Profit Organizations. http://www.whitehouse.gov/omb/circulars default C. When implementing Federal Emergency Management Agency(FEMA) National Preparedness Directorate funded activities; the Subrecipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The Subrecipient is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting FEMA funded activities. D. Subrecipient will assist the awarding agency (if necessary) in assuring compliance with the National Historic Preservation Act of 1966 Section 106 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969(42 U.S.C. §4321). (Federal Assurance). E. Subrecipient agrees to make no request for reimbursement for goods or services procured by the Subrecipient either prior to the start of the period of performance stated in this award document or after the end of the period of performance. 2 F. Notwithstanding any other provisions of this document, the parties understand and agree that the obligations of TDEM under this Agreement are contingent upon the availability of adequate funds to meet TDEM's liabilities. TDEM shall not be liable to the Subrecipient for costs under this Agreement that exceed the amount specified in the Notice of Subrecipient Grant Award. 7. Single Audit Act Requirements: If Subrecipient has expenditures in excess of $750,000 in federal funds of all types within a single fiscal year, it must have an audit performed in accordance with the Single Audit Act as amended. Subrecipient agrees to comply with the audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-profit Organizations. 8. Reporting Requirements: Subrecipient agrees to comply with all reporting requirements and shall provide such information as required by TDEM. Reporting requirements are found in the 2016 Local Emergency Management Performance Grant(EMPG) Guide. Subrecipients may be required to submit additional information and data requested by TDEM and after the end of the period of performance in order to close out the grant. A copy of the 2016 Local Emergency Management Performance Grant (EMPG) Guide can be found on the TDEM website at: http://www.txdps.state.tx.us/dem/CouncilsCom mittees/EMPG/empxCurrentGu ide.pdf. Subrecipient must prepare and submit Semi-Annual Progress Reports to TDEM for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. The first performance reporting period is October 1 to March 31 (progress report due April 15) and the second reporting period is April 1 to September 30 (progress report due October 15). Subrecipient may also be required to submit additional information and data as requested by TDEM. 9. Review of Work and Expenditures: TDEM may review the work of the Subrecipient with respect to approved program tasks and expenditures for which reimbursement is requested to ensure the federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of this contract or grant agreement and that performance goals are achieved. These reviews may include, without limitation: comparing actual Subrecipient activities to those approved in the sub-award application and subsequent modifications if any; ensuring that grant funds have been expended in accordance with applicable guidelines; confirming compliance with grant assurances, and verifying information provided on performance reports and payment requests. EMPG grant funds cannot be matched with any other federal funds. 10. Lobbying: A. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the Subrecipient certifies that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, 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 the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; 3 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3) The Subrecipient 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. 11. Debarment, Suspension, and other Responsibility Matters: A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 (Federal Certification). B. The Subrecipient certifies that it and its principals and vendors: 1) Are not presently 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; Subrecipients can access debarment information by going to www.epls.gov. 2) Have not, within a three-year period preceding this application, 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 (1)(b) of this certification; and 4) Have not, within a three-year period preceding this application, had one or more public transactions (Federal, State, or local)terminated for cause or default. C. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application (Federal Certification). 12. Monitoring: A. Subrecipient will provide TDEM, State Auditor, DHS personnel or their authorized representative, access to and the right to examine all paper or electronic records related to financial assistance. 4 B. Subrecipient agrees to monitor their program to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. C. TDEM may perform periodic reviews of Subrecipient performance of eligible activities and approved projects. These reviews may include, without limitation: performance of an on-site audit and compliance monitoring, including inspection of all grant-related records and items, comparing actual Subrecipient activities to those approved in the sub-award application and subsequent modifications if any, ensuring that advances have been disbursed in accordance with applicable guidelines, confirming compliance with grant assurances, verifying information provided in performance reports and reviewing payment requests, needs and threat assessments and strategies. D. Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA National Preparedness Directorate. E. The Subrecipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient 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. 13. Reimbursement for Expenses: Reimbursement for expenses incurred during the second and fourth quarter of Fiscal Year 2016 will not be disbursed until TDEM receives the first and second semi-annual EMPG Progress Reports, which are due on April 15, and October 15, respectively. 14. Choice of Law: This agreement shall be construed and governed by Texas law. 15. Changes to the Law: DPS is a state agency whose authority and appropriations are subject to the actions of the Texas Legislature and the United States Congress. If DPS and/or the subject matter of this contract become subject to a legislative or regulatory change, revocation of statutory or regulatory authority, or lack of funds that would render the services and/or goods and/or payment to be provided under this agreement impossible, unnecessary, void, or substantially amended, DPS may terminate this agreement without penalty to, or any liability whatsoever on the part of, DPS, the State of Texas, or the United States. This contract does not grant vendor a franchise or any other vested property right. 16. Written Modification: No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 17.To the extent it applies, Subrecipient shall comply with Texas Government Code, Chapter 783, 1 Texas Administrative Code (TAC) §§ 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart B, §_14. 5 18. To the extent it applies, Subrecipient shall comply with the General Appropriations Act, 8Oth Legislature, Article IX, Part 17. 19. TDEM may suspend or terminate sub-award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the sub-award application, failing to follow grant agreement requirements or special conditions, failing to submit required reports, or filing a false certification or other report or document. Satisfactory progress is defined as accomplishing the following during the performance period of the grant: requesting federal funds for purchases, training, etc. and deciding what purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and training is accomplished with the equipment (or readied for deployment). All of the aforementioned tasks must be accomplished in a timely manner. Special Conditions may be imposed on Subrecipient's use of grant funds until problems identified during grant monitoring visits conducted by TDEM audit and compliance personnel are resolved. 6 FY 2016 EMPG Application Timeline Form Instruction October 1, 2015 • EMPG Performance Period begins January 31, 2016 • EMPG Application form and Statement of Work due to TDEM, Grant Coordinator, Finance and Grant Management • ■ FY 2016 EMPG 1st Quarter Financial Report (October- December) due to TDEM, EMPG Auditor, Finance and Grant Management • FY 2016 FEMA Quarterly Metrics Template due to TDEM, Grant Coordinator, Finance and Grant Management (Templates will be emailed with proper instructions to all jurisdictions) April 15, 2016 • 1st semiannual cumulative Progress Report due to TDEM, Grant Coordinator, Finance and Grant Management April 30, 2016 • 2nd Quarter Financial Report (January-March) due to TDEM, EMPG Auditor, Finance and Grant Management • FY 2016 FEMA Quarterly Metrics Template due to TDEM, Grant Coordinator, Finance and Grant Management (Templates will be emailed with proper instructions to all jurisdictions) July 15, 2016 • FY 2016 FEMA Quarterly Metrics Template due to TDEM, Grant Coordinator, Finance and Grant Management (Templates will be emailed with proper instructions to all jurisdictions) July 31, 2016 • 3rd Quarter Financial Report (April-June) due to TDEM, EMPG Auditor, Finance and Grant Management September 30, 2016 • FY 2016 EMPG performance period ends October 15, 2016 • EMPG 2nd semiannual cumulative Progress Report due to TDEM, Grant Coordinator, Finance and Grant Management October 31, 2016 • 4th Quarter Financial Report (July-Sept.) due to TDEM, EMPG Auditor, Finance and Grant Management • FY 2016 FEMA Quarterly Metrics Template due to TDEM, Grant Coordinator, Finance and Grant Management (Templates will be emailed with proper instructions to all jurisdictions).