HomeMy WebLinkAboutPR 15100: ACCEPT 2008 GRANT ADJUSTMENT NOTICE
" PORT ARTHUR. FIRE DEPARTMENT-
MEMORANDUM
TO: Steve Fitzgibbons, City Manager
FROM: Larry D. Richard,. Fire Chief.
• Mark Blanton, Police Chief
RE: Proposed Resolution 15100
DATE: February 24, 2009
COMMENT
RECOMMENDATION
We recommend the City Council authorize the Mayor, City Manager and. Fire Chiej'to accept. the
2008 Grant Adjustment Notice for the 2008 Homeland Security Grant Program (HSGP) from the
Governor's Division of Emergency Management (GDEM) projected of $224,700.
BACKGROUND
'The City Council approved the 2008 State Homeland Security Grant Program Resolution Number
08-481 at the December 16,.2008 City Council Meeting. The Mayor received a 2008 Grant
Adjustment Notice from the Governor's Division of Emergency Management (GDEM) to be used to
carry out homeland security projects that will signiScantly improve local and regional terrorism
prevention, preparedness, and response capabilities. The Adjustment Notice increased funding to
the SHSP-LEAP category from $15,025.20 to $89,700.This will increase the total grant award from
150,025.20 to $224,700.00. • The additional funds will be used to purchase Mobile Data Terminals,
Digital Mobile Video Recorders and miscellaneous allied equipment for the Police and Fire
Departments. The Fire Chief was made Point of Contact for the Sub-recipient agreement.
BUDGET/FISCAL EFFECT
The Grant is 100% funded.
STAFFING/EMPLOYEE EFFECT
None
SUMMARY
We recommend the City Council authorize the Mayor and City Manager and Fire Chief to accept .
the Sub-recipient Award for the 2008 Homeland Security Grant Program (HSGP) from the
Governor's Division of Emergency Management (GDEM) projected at $224,700.
°~REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P. R. NO. 15100
February 24, 2009
HSGP AWARD
RESOLUTION NO.
A RESOLUTION ACCEPTING THE SUB-RECIPIENT AWARD
GRANT ADJUSTMENT NOTICE FOR THE 2008 STATE HOMELAND
SECURITY GRANT PROGRAM PROJECTED AT $135,000 FOR THE
STATE HOMELAND SECURITY PROGRAM (SHSP) AND $89,700.
FOR THE LAW ENFORCEMENT ACTIVITIES PROGRAM (LEAP)
FOR A TOTAL AWARD OF $224,700
WHEREAS, the Mayor received a 2008 Grant Adjustment Notice for the 2008 Homeland Security
Grant Program (HSGP) from the Governor's Division of Emergency Management (GDEM); and,
WHEREAS, the purpose of the Sub-grant funds are to carry out homeland security projects that
will significantly improve local and regional terrorism prevention, preparedness, and response capabilities;
and,
WHEREAS, the S135,000 in State Homeland Security Program funding will be used to purchase
GasID, HazMatID and RespondeR RCI Systems equipment for the Fire Department; and,
WHEREAS, the $15,025.20 in the original Sub-recipient agreement for SHSP-LEAP funding has
been increased to $89,700; and,
WHEREAS, the $89,700 in Law Enforcement Activities Program funding will be used to purchase
Mobile Data Terminals, Digital Mobile Video Recorders and miscellaneous allied equipment for the Police
and Fire Departments; and,.
WHEREAS, the Grant is 100% funded and toials $224,700; and,
WHEREAS, the 2008 Grant Adjustment Notice must be signed and returned. to GDEM by March
26, 2009 in order to receive the additional funding; and,
WHEREAS, the Fire Chief was made. Point of Contact for the grant vulnerability assessment,
equipment request, and sub-recipient agreement;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
THAT, the City Council authorizes the acceptance of the 2008 Grant Adjustment Notice projected
at $224,700.
THAT, the City Council authorizes the Mayor, City Manager and Fire Chief to execute the 2008
Grant Adjustment Notice attached hereto as Exhibit "A" and ancillary document thereto.
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council of
the City of Port Arthur.
READ, ADOPTED, AND APPROVED, this day of , 2009, AD, at a
Regular Meeting of the City Council of the City of Port Arthur; Texas by the following vote:
AYES: Mayor:
Councilmembers:
NOES:
Deloris Prince, Mayor
ATTEST:
Terri Hanks, Acting City Secretary
APPROVED AS TO FORM:
Mazk Sokolow, C Attorney ~Osa ~~Q ~/ `
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons, City Manager
Larry Richazd, Fire Chief
Mazk Blanton, Police Chief
EXHIBIT "A"
EXHIBIT "A"
E
t '!
;.
Governor's Division of Emergency Management
1: $ub?RedDiefit=Ndiire and Address 2Lw - _.~ i,;u4.---'. 2. Prepsred by: Latnam, ]ahn 3. SAA Award Numaer: 0&(;A 58820-03
Mayor Deloris Pence
City of Port Arthur
P.O. Box 1089
Port Arthur. TX 77641.-1089
Total Awar"d
Amount
$224,700.00
Federal Grant Title: Homeland Security Grant Fragi
Fetlxal Grant Award Number. 2068-GEte-003V
Date Federal Grant Awarded to GDEM: September 1, 200D
PederaLEmergency Management
Federal Granting AgencYo ~ Agenq•
Na!IOnal lheparP.dneSG DIrK[arate
Nate: additional Budget Sheets (Attachment A): 1 1 Yes ~ No
~
$HSP ~ $HSP-LEAP UASI UASI-LEAP cCP
~ MMRS
97.073 97.073 97ACg 97AOa 97.053 97.WS
sns,ooo.oa sas,7oo.ao so.oo saob so co so.oa
~e omr
This award supersetles ail previous awaras. renur~nuoxc ~_• •..... ~~r -• ---- ~- --- --•
6. Statutory Authority for Grant: This project is supporteC under Public Law 130.161, the Department of Homeland Security
Appropriations Act of 2008.
7. Method of payment: Primary method is reimbursement. See the enclosed instru¢ions for the process b follow in [he submis=_ion~of
invoices. ~ -
8. Debarment/Suspension Certification: The Sub-Recipient certifies that the subgrantee and its' contractors/venders are not
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency
and do not appear in the Excluded Parties Lis[ SysTCm at http:Uwww.epls.gov.
GDEM OKrciai:
Jack Colley, Chief
Division of Emergency Management
Office of the Governor
Signatare of GDEM
~~
:10, - - `` - - - _ = $dD-ReUpfent°ncceptance:= , -;f. a ,~.;.---_~„ -
Ihave read and understand the attached Terms and Conditions.
Tvoe name antl tide of Author@ed Sub-Recipient affi<fal: . 'Signature of Sub-Recipient O/ficial:
r
11. Enter EmpioYer IdentNkatlon Number (EIN) /Federal Tax IdentRicatMn Number: 12. Date Sgnea
13. DUE DATE: ~ •'
Signetl award and Direct Deposit Form (if aDDlicSble) must be returned w GDEM on a before the abore due date.
i
TERMS AND CONDITIONS
Parties to Sub-recipient Agreement
This Sub-recipient agreement is made andentered into by and between the Governors Division of Emergency
ManagemenUState Administrative Agency, an agency of the State of Texas, hereinafter referred to as "GDEM;' and the
funds recipient, hereinafter referred to as the "Sub-recipient." Furthermore, GDEM and the~Sub-recipient are collectively
hereinafter referred to as the "Parties." By this Sub-recipient agreements execution, the Parties have severally and
collectively agreed to be bound. to the mutual. obligations and to the pertonnance and accomplishment of the tasks
described in this Sub-recipientagreement The Sub-recipient Agreement is only an offer until the Sub-reapient returns
the signed copy of the 2008 Sub-recipient Agreement in accordance with the date provided in the transmittal letter and in
the agreement. - -
Sub-recipient Purpose and Overview f
A. Pumose and Overview. Sub~rant funds provided shall be used to provide law enforcement andemergency
response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to
potential threats of manmade, natural disasters and ads of terrorism. The Sub-recipient agrees that all allocations and
use of funds under this grant will be in aaordance with the Homeland Security Grant Program Guidelihes and Application
Kit for that fiscal year and must support the goals and objectives included in the State. Homeland Security Strategic Plan
and the Urban Area Homeland Security (UASI) Strategies. The funds must be used to conform with the State Homeland
Securiy Strategic Plan, follow the projects outlined in the approved investment justifcations used to make the FY 2008
grant application and as described in the federal program guidelines found at
www fema govlpdf/govemmenUgranUhsgo/fv08 hsgo guide odf. Further, as outlined in the 2008 grant guidance, 2008
HSGP will focus on three objectives as the highest priorities. These three objectives are: 1. Measuring progress toward
achieving the. National Preparedness Guidelines; 2. Strengthening improvised explosive device (IED) attack deterrence,
prevention, and protection capabilities; and 3. Strengthening preparedness planning. At least 25 percent of the total FY
2008 HSGP funding must be dedicated toward enhancing capabilities related to objectives 2 and 3 as identified above.
The 25 percent requirement applies to the total award amount for each State across all four programs, not individual
awards for SHSP, UASI, MMRS, and CCP. -,
B. Standard of Performance. The Sub-reapient shallperform all activities and projects entered into the SAA web-
' based gra ntsmanagement system approved by its Council of Governments (COG) and by the State Administrative
Agency (SAA). The Sub-recipient shall perform all activities in accordance with all tenns, provisions and requirements set
forth in this Sub-reapient agreement and the: -
1. Applicable Laws and Regulations, hereinafter referred to as "Exhibit A";
2. Certifications, hereinafter referred to as "Exhibit B"; and
3. Certification Regarding Lobbying for Sub-recipient Agreements, Grants, Loahs, and Cooperative Agreements,
hereinafter referred to as"Exhibit. C".
C. - Failure to Perform. In the event the Sub-recipient fails to implement the project(s) entered into The SAA web-
based grants management system, or comply with any of this Sub-recipient agreement's provisions, in addition to the
temedies specified in this Sufi-reapient agreement, the Sub-recipient is liable to GDEM for an amountnot to exceed the
awardamountof this Sub-reapient agreement and maybe barred from applying for or receiving additional Homeland
Security Grant Program funds or any other federal program funds administered by GDEM until repayment to GDEM is
made and any other compliance or audit finding is satisfaddrily resolved. '
GDEM Obligations
A:. Measure of Liatiiliri. GDEM shall be liable for actual and reasonable costs incurred by the Sub-recipient during the
Sub-recipient agreement period for performances rendered under this-Sub-recipient agreement by the Sub-recipient,
subject to the limitations set forth in this Section. GDEM shall not be liable to the Sub-reapient for any costs incurred by
the Sub-recipient that are not allowable costs. -
B. Sub-recipient Agreement Funds Defined and Limit of Lia6iliri. The term "Sub-recipient agreement funds" as used~in
this Subteapient agreement means funds provided by GDEM under the HSGP program. The term "Sub-recipient's
funds" or match funds as used in this Sub-recipient agreement means funds provided by the Sub-recipient.
Notwithstanding any other provision of this Sub-recipient agreement, the total of all payments and other obligations
incurred by GDEM under this Sub-reapient agreement shall not exceed the Total Award Amount listed on the cover page
of the Sub-reapient agreement. - "
C. Excess Payments. The Sub-recipient shall refund to GDEM any sum of Sub-recipient agreement funds that has
been paid to the Sub-reapient by GDEM or that GDEM determines has resulted in overpayment to the Sub-recipient that
GDEM determines has not been spent by the Sub-recipient in accordance vnUt this Sub-recipient agreement. No refund
payment(s) may be made from local; state or federal~gra nt funds unless repayment with grant funds is specifically
permitted by statute or regulation. The Sub-recipient shall make such refund to GDEM within thirty (30) days after GDEM
requests such refund.
Suspension
Notwithstanding the provisions of Chapter 2251 , Texas Gdvemment Code, in the event the. Sub-recipient fails to comply
with ariy of this Sub-recipient Agreement's terms, GDEM may, upon. written notification to the Sub{ecipient, suspend this
Sub-recipient agreement in whole or in part, withhold payments to the Sub-recipient and prohibit the Sub-recipient from
incurring addi4ional-obligations of Sub-recipient agreement funds.
Termination
A. GDEM's Right to Terminate.. GDEM shall have the right to terminate this Sub-recipient agreement, in whole or in
part, at any time before the end of the Performance Period, whenever GDEM determines that the Sub-recipient has failed
to comply with any of this Sub-recipient agreement's terms: GDEM shall notify the Sub-recipient in writing prior to the
thirtieth (30m) day preceding the termination of such determination and include:
1: the reasons for such termination; - ~ `
2. the effective date of such termination; and'
3. in the case of partial termination, the portion of the Sutrrecipient agreement to be terminated.
B. Parties' Right to Terminate. In addition to GDEM's right to terminate spedfied in Subsection A of this section, both
Parties shall have the right to terminate this Sufi-recipient agreement, in whole or in part, when the Parties agree that the
continuation of the activities funded under this Subieapient agreement would not producebenefidal results
commensurate with the further expenditure of Sub-recipient agreement funds. The Partiesshall agree, in writing, upon
the termination conditions, including the effective date of.termination and in the case of partial termination, the portion of
the Sub-recipient agreement to be terminated.. - ~ -
Conflict of Interest
A. Financial Interest Prohibited. A conflict of interest may arise when the employee, offcer or agent; any member of
his or her immediate family; his or her parfier; or, any organization that employs, or is about to employ any of the above,
has a financial or other interest in the firm or person selected to perform a subcontract pursuant to this Sub{ecipient
agreement. The Sub-recipient shall ensure that ndemployee, officer, or agent of the Sub-recipient shall participate in the
selection, in the award or administration of a subcontract supported by Sub-'recipient agreement funds pursuant to this
Sub-recipient agreement and comply with Chapter 171, Texas Local Government Code.
B. Other Prohibited Interests. In all cases not governed by Subsection A of this Section and except for eligible
administrative or personnel costs, rio person who is an employee, agent, consultant, officer, elected official, appointed
official of the Sub-recipient or of a subcontractor of the Sub-recipient, in Subsection C of this Section who exercises or
have exerdsed any functions or responsibilities with respect to the activities assisted under this~Sub-recipient agreement
or any other HSGP Sub-recipient agreement who are ina position to participate in a decision making process or gain
inside information vrith regard to such activities, mayobtain a f nancial interest or benefit from the activity, have an interest
in or benefR.from the activity or have any interest in any Sub-recipient agreement, subcontract or agreemem-v/ith respect
to the activities or the proceeds either for themselves or those with whom they have family or business ties during their
tenure or for one year thereafter.
C. Inclusion in Subcontracts. The Sub-recipient shall include the substance of this Section in all subcontracts
Monitoring
GDEM reserves the right to perform periodic on-site monitoring of the Sub-redpient's compliance with this Sub-recipient
agreement's terms and conditions and of the adequacy and timeliness of the Subtecipient's performance pursuant to this
Sub-recipient agreement After each monitoring visit, GDEM shall provide the Sub-recipient with a written report of the
monitors fihdings. If the monitoring report notes deficiencies in the Sub-recipient'sperformance under this Sub-recipient
agreement's terms, the monitoring report shall-include requirements for the timely corection~of such deficiencies by the
Sub-recipient. Failure by the Sub-recipient to take action spedfied in the monitoring report may be cause for this Sub-
recipient agreement's suspension or termination pursuant to Sections on the Suspension and/or Termination above.
Audit
A. Audit of Federal and State Funds. -The Sub-recipient. shall arrange for the performance of'an annual financial and
compliance audit of Sub-recipient agreement funds received and performances rendered under this Sub-recipient
agreement under the Single AuditAd (OMB Circular A - 133; 44 C.F.R. 13.26) and as outlined in Exhibit A. The Sub-
recipient will also comply with Texas Government Code, Chapter 763, 1 TAC 5.141..et.seq. and: the. Uniform Grant
Management Standards (UGMS), State Uniform Administrative Requirements for Gmnts and Cooperative. Agreements.
B. GDEM's Riehtto Audit. Notwithstanding SubsectionA of this Sectibn, GDEM reserves the right to conduct afinancial
and compliance audd of Sub-recipient agreement funds received and performances rendered under this Sub-recipient
agreement. The Sub-recipient agrees to permit GDEM or its authorized representative to audit the Sub-recipient's
records and to dbtain any documents materials or information necessary to facilitate such audit.
C. Sub-recipient's Liability for Disallowed Costs. The Sub-recipient understands and agrees that it shall be liable to
GDEM for-any costs disallowed pursuant to financial and compliance audt(s) of Sub-recipient agreement funds. The ~ -
Sub-recipient further understands and agrees that reimbursement to GDEM of such disallowed costs shall be paid by the - , .
Sub-recipient from funds that were not provided or otherwise made available to the Sub-recipient pursuanYto this Sub- -
recipientagreement orany other federal contract.
D. Sub-recipient's Facilitation of Audit. The Sub-recipient shall take such action to faclitate the performance of such
audit(s) conducted pursuant to this Section as GDEM.may require of the Sub-recipient. '
E. State Auditor's Offce. The Sub-recipient understands that acceptance of Sub-recipient agreement funds acts as
acceptance of the authority of the State Auditors Office or any successor agency to conduct an audit or investigation in
connection with these funds. The Sub-redpient further agrees to cooperate fully with the State Auditor's Office or its
successor in the conduct of the audit or investigation, induding providing all records requested. The Sub-redpient shall
ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Sub-
recipient andthe requirement To cooperate is included in any subcenlract it awards.
For FY 2008, the NIMSCAST will be the required means to report NIMS compliance for FY 2009 preparedness award
eligibility. All State and Territory direct preparedness Sub-recipients vnll be required to submit their compliance
assessment via-the NIMSCAST by September 30, 2008. The State or Territory departmenUagency.awardee reserves the
right to determine compliance reporting requirement of their sub-awardees (locals) in order to disperse funds at the local
level.
Reimbursement
Sub-recipient agrees to make no request for reimbursement prior to return of this agreement signed by the authorized
Sub-recipient representative. Sub-recipient also agrees to make no request fdr reimbursement for goods or services
prowred by Subtecipient prior to the performance perod start dam of this agreement:
A. Request for Advance or Reimbursement. The Sub-recipient shall submit to GDEM, a properly completed Local
Purchase Submission Cover Sheet as often as actually needed. GDEM retains the authority to approve or deny amount
-requested and shall not make disbursement of any such payment until GDEM has reviewed and approved such a request.
TheLocel Purchase Submission Cover Sheet shall be supported by documentation as referenced by the SAA web-based
grants management systhm and subsequent policy updates. ,
B. Request for Advance Funds and Transfer of Funds. The Sub-recpient's requests~for an advance of Sub-recipient
agreement funds shall be limited to the minimum amounts needed for effective operation of their project(s) under this Sub-
recipient agreement and shall be timed as closely as possible to be in accord with actual cash requirements. The Sub-
recipient shall establish procedures to ;minimiie the time elapsing between the transfer of funds from GDEM to the Sub-
recipientand shall ensure that such funds are disbursed within fifteen (18) days or as soon as administratively possible.
C. Payment Continoent. Notwithstanding the provisions of Subsection A of this Section, payments under this Sub-.
recipient agreement are contingent upon~the Sub-recipients performance of its contractual obligations. -
Urban Areas Security Initiative (UASI) Grants
A. If the Sub-redpient is a partidpant in a UASI program, during the performance period of this grant, Sub-recipient
agrees to adhere to the UASI strategy, goals, objectives, and implementation steps.
B. Sub-recipient agrees that, during the performance period of this grant, all wmmunications equipment purchases must
be reviewed and approved by the Regional Interoperable Communications Committee and the UASI points of contact
(voting members), if applicable.
UASI Non-Profit Security Grant Program (NSGP)
A. The Sub-recipient agrees that all allocations, uses of funds, and other assdciated program and administrative
requirements under this grant will be in accordance with the Fiscal Year (FY) 2008 UASI Nan-Profit Security Grant
Program (NSGP) Program Guidance and Application Kit, Information Bulletin number 252, and the FY.2008 UASI NSGP
Frequently Asked Questions (FAQs) Parts 1 and 2. All grant Sub-recipients are assumed to have read, understood; and.
accepted the FY 2008 UASI NSGP Program Guidance and Appligation Kd, Information Bulletin Number 252 and the
FAOs as binding. -
B. Sub-recipients must meet a 75 percent Federal-25 percent Sub-recipient soft match requirement.. Sub-recipient
contributions must be from non-Federal sources. For all costs other than training; the Sub-recipients match may be met
through cash, training investments related to use of allowable equipmenYpurchased with the grant, or traininginvestments
related to general purpose security and emergency preparedness for staff. In the case of training projects, awardees
must meet the matching requirement throughwsh. In no event can regular personnel costs such as salary, overtime, or
other operational costs unrelated to training be used to satisfy the matching requirement. ~ ~ '
C. Non-governmental organization Sutrrecipients are required to meet certain National Incident Management System
(NIMS) compliance requirements. All emergency preparedness, response, and/or security personnel in the non-profit
organization participating in the development,.implementation,-and/or operation of resources andPor activities awarded
through this grant are compelled to complete training programs consistent with the NIMS National Standard Curriculum
Development Guide. Minimum training includes IS-700NIMS: An Introduction
D. Sub~edpients are responsible for keeping a copy of the 501(c)(8) registration number or IRS Letter of Recognition of
Subyrantees on file. Those Sub-recipients who submitted investment justifications, subsequently selected for award, by
non-proft organizations which-do not hold or have not formally applied fora 501(c)(S) 'registration number, are responsible
for maintainingan affidavit and/or other indicia certifying or verifying their 501(c)(8) compliance on file for review by DHS,
in accordance with the FY 2008 UASI NSGP O8A Part 2.
E. FY 2008 UASI NSGP allowable equipment costs incude only the two Authorized Equipment Lis[ (AEL) categories
identifiedin the FY 2008 UASI HSGP Program Guidance and Application Kit. These categories are 1) Physibal Security
Enhancement Equipment, and 2) Inspection and Screening Systems. All allowable equipment costs must fall within these
two categories: Interoperable communications equipment, aesthetic enhancement, including business, shrubs, or flowers,
general-use vehicles, or related general-use equipment is prohibited under this grant program if it does not fall. within one
of the two previously identified AEL categories. Additionally, any costs associated with exercises are strictly prohibited.
All other training and management and administrative (MBA) costs must be in accordance with the FY 2008 UASI NSGP
Program Guidance and Application Kit, Information Bulletin Number 252, and the FY 2008 NSGP FAOs,~Parts 1 and 2.
F. The Sub-recipient also agrees that, when practicable, any equipment purchased vrith grant fundingshall be
prominently marked as follows: "Purchased with funds provided by the U. S. Department of Homeland Security.
Interoperable Communication Project Compliance
Before a local jurisdiction may submit a_project for censideration~by the State, a preliminary review must be done
at the regional level by the Communications Committee or some similar group of theappropriate Council of
Governments, Development Council or Planning Councl. (Where possible, reviewers should represent across-
section of the communications community and include representatives from cities, counties and Tribes where
appropriate; conventional and franked systems and VHF, UHF, 700 MHz, 800 MHrand 900 MHz systems.)
Jurisdictions must have baseline information (towers and POC/name) entered into CASM to show the
jurisdictions' commitment to adhere to the SCIP. Projects that are deemed to satisfactorily meet the State's Plan
will be submitted to the State for formal review.
National Incident Management System (NIMS) and the Incident Command System (ICS)
Sub-recipients must have adopted and be implementing the National Incident Management System (NIMS) and the
Incident Command System (ICS) at the local level.. NIMScompliance for 2008 must be achieved by completing actions
outlined in the NIMS Implementation Matrix.
A. Adoption. The jurisdiction or organization must have formally adopted NIMS as its incident management system
through ordinance, court order, or resolution. A copy of the adoption document should be provided to the Preparedness
Section of the Division of Emergency Management. ~ '
B. Implementation. The jurisdiction or organization must be implemeriting the principles and policies of NIMS/1CS,
including thesemajor requirements:
~1. Identifying speck NIMS training requirements for local emergency responder and emergency management
positions; then obtaining or providing required training, and documenting it. For further information on NIMS
training, see: httn ~!/www fema aovlemeroencylnims/nims training shim
2. Updating jurisdiction or organization emergency plans and pmcedures to address the NIMS/ICS _
organizational structure, major functions, concepts, policies, and procedures.
3. Utilizing NIMS/ICS for day-today all-hazard emergency response and during exercises.
4. Participating in local, regional, or intrastate mutual aid programs.
5. Maintaining an inventory of emergency responseassets (Texas Regional Resource Network), and
- identifying key assets by resource typing standards developed by FEMA to facilitate multi-agency
response. For resource typing information, see: http~lM^,vw fema covlemeroency/nims/rmlrt shim. This is
accomplished by registering with the Texas Regional Resource Network (TRRN) and updating the
information regularly. Additionally, a certification form must be on fle with GDEM for every county and local
jurisdiction."
6. Complete the NIMS baseline assessment and develop a local NIMS implementation plan.
7. Partidpate iron all-hazard exercise program based-on NIMS that involves responders from multiple
'~ disciplines and multiple jurisdictions. ~ ~ -
8. All Primary jurisdictions must possess an independent NIMSCAST account. _ .
For a moredetailed description of these requirements, as well as other NIMS irplementation requirements, see
htto~//www fema cov/pdf/emeraencv/nims/imo mtrx states odf ..
FY OB NIMS implementation requirements must be completed 6y September30, 2006.
Other Requirements (These requirements DO NOT apply to NSGPSnb-recipients)
A. During~the pertormance period of this grant, Sub~ecipients must maintain an emergency management plan at the
Intermediate Level of planning preparedness or higher, as prescribed by GDEM. This may be accomplished 6y a
jurisdiction maintaining its own emergency management plan or participating in an inter-jurisdictional emergency
management programthat meets the required standards, If GDEM identifies deficiences in the Sub-recipient's plan, Sub-
recipient will correct deficiencies within 60 daysof receiving notice of such defcienaes from GDEM. -
B. Projects identified in the SAA web-based grant management system must identify and relate to the goals and
objectives indicated by the applicable 12 approved project investments for the period df performance of the grant.
C. During the performance period of this grant, Sub-redpient agrees that R will participate in alegally-adopted county
and/or regional mutual aid agreement.
D. During the performance period, the Sub-recipient must register as a user of the Texas Regional Response Network
(TRRN) and identify all major resourcessuch 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
reswe, etc.). This registration is to ensure jurisdictions or organizations are prepared to make grant funded resources
available to otherjudsdictions through mutual aid. '
E. Sub-redpients must submit Fiscal Year 2008 Indirect Cost Allocation Plan signed by Cognizant Agency. Plan should
be forwarded to the SAA along vrith the Planning and Administration Grant Budget Form.
F. Council of Governments (COG) vzill follow guidelines listed in the FY OB COG Statement of-Work.
G. Up to 15% of the program funds for SHSP, UASI and.LETPP may be used to support the hiring of full or part-time
personnel to conduct program activities that are allowable under the FY 2007 HSGP (i.e., planning, training program
management, exerese program management, etc) The ceiling on personnel costs does not apply to contractors, and is in
additiorto eligible management and administrative (M&A) costs and eligible hiring of intelligence analysts. Sub-recipients
may hire staff only for program management functions, not operational duties. Hiring planners, training program
coordinators, exercise managers, and grant administrators fall v~ithin the scope of allowable program management '
functions.
H. The State's 24 planning regions are voluntary associations of local governments organized pursuant to state law as
regional planning commissions, councils of government,~development wuncils, and area councils. It is recognized Shat
one of the major functions of state planning regions as homeland security grant Sub-recpients is to perform a wide variety
of planning and some program administration for both their region and on behalf of the sties and counties vrithin the
region that may also be homeland security grant Sub-recipients.
Closing The.Grant
A. The Sub-recipient must have all equipment ordered by January 14, 2010. The last day forsubmission of invoices is
February 28,2011.
B. GDEM/SAA will close asub-award after receiving Sub-recipient's final 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 recencilingadual costs to awards modifications and payments. If the close out review and reconciliation
indicates that the Sub-recipient is owedadditional funds, GDEM/SAA will send the final payment automatically to the Sub-
recipient, If the Sub-recipient did not use all the funds received, GDEM/SAA will issue a Grant Adjustment Notice (GAN)
to recover the unused funds. - ~-
C. GDEM/SAA will unilaterally close out this grant if sub recipieht does not rewncile account and sign closeout GAN by
May 31, 2011. ~ ~ ..
Restrictions, Disclaimers and Notices
A. Approval of this award does not indicate approval of any consultant ram in excess of 5450 per day. A detailed
justification must be submitted to andapproved by GDEM/SAA prior to obligation or expenditure of such funds.
B. Incases where local funding is established by COGS, release of funds by GDEM is contingent upon regional funding
allocation approval by the Sub-recpient's COG governing board. '
C. Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's obligations
under this agreement are contingent upon the receipt of adequate funds to meet GDEM's liabilities hereunder. GDEM
shall not be liable to the Sub-recipient for costs under this Agreement which exceed the amount specifed in the Notice of
Sub-recipient Award.
D. Notice. All notices or communication 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 overnighYcourier, such
as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall
give notice of to the other from time to time-hereunder. Mailed notices shall be'deemed to be. received orthe third
business day following the date of mailing. Notices sent by overnight courier shall be deemed received the following
business day.
Chief
Division of Emergency Management `-
Homeland SecurRy Office of the Governor ~ _
PO Box 4087 - ~ -
Austin, TX 78773-0220
Uniform Administrative Requirements; Cost Principals, Audit Requirements and Program Income
Except as specifically modified by law or this Sub-recipient agreement's provisions, the Sub-recipient shall administer the
award through compliance with all Applicable Laws and Regulations; Exhibit A, but specifically with:.
A. Administrative Requirements
1. 44 C.F.R. Part 13, Uniform Administrative Requirements forGrants and Cooperative Agreements to State and
Local Governments;
2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreementswitlr Insttutions of Higher
Education, Hospitals and Other Non-Profit Organizations.
B. Cost Principles
1. 2C.F.R. Part 225, Cost Principles for State, Local and Tribal Governments
2. 2C. F.R. Part 220, Cost Principals for Education Institutions . ~ .
3. 2C. F.R. Part 230, Cost Principles for Non-Profit Organizations
4. ° Federal Acquisition Regulation Subpart 31.2, Contracts vath Commeraal Organizations
C. Audit Requirements-OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations.
Retention AndAccesslbility Of Records
A. Retention of Records. The Sub-recipient shall~maintain fiscal records and supportingdocumentation for all
expendituresof Sub-recipient agreement funds pursuant to OMB Circular A-87, 44 C.F.R. § 13.42 andthis Sub-reapient
agreement. The Sub-recipient shall retain these records and any supporting documentation for the greater of three (3)
years from the completion of this~pmject's public objective (Dose of the Sub-recipient agreement), including program
requirements and financial obligations, or the period of time required by other applicable laws and regulations as
described in Exhibit A.
B. Access to Records. The Subtedpient shall give the United States Department of Homeland Security (DHS), the
Inspector General, the General Accounting Office, the Auditor of the State of Texas, GDEM, or any of their duly
authorized-representatives, adcess fn andthe right to examine all books, accounts, records, reports, fles, other papers,
things or property belonging to or in use by the Sub-recipient pertaining to this Sub-recipient agreement including records - _
concerning the past use of HSGP funds. Such rights to access shall continue as long as the records are retained by the _ , _ -
Sub-recipient. The Sub-recipient agrees to maintain such records in an accessible location and to provide dtizens ~:..
reasonable access to such records consistent with the Texas Public Information Act, Chapter 552, Texas Government
Code. ~ ~ -
C. Inclusion in Subcontracts. The Sub-recipient shall include the substance of this Section in all subwntracts.
Subcontracts
A. GDEM's Approval of Subcontract and Liability. The Sub-recipient may subcontract for performances described in
this Sub-recipient agreement without obtaining GDEM's prior written approval.
B. Sub-recipient Liability. In no event shall any provision of this Section be construed as relieving the Sub-recipient of
the responsibility for ensuring.that the performances rendered under all subcontracts comply with all of this Sub-recipient
agreement's terms as if such performances rendered were rendered by the Sub-recipient. GDEM's approval under this
Section does not constitute adoption, ratification or acceptance of the Sub-recipients or a subcontractor's performance.
C. Applicable Law. The Sub-recipient shall comply vnth 44 C.F.R. § 13.1-13.52 andall applicable federal and state
laws outlined in Exhibit A and local laws, regulations and ordinances related to making procurements under this Sub-
recipientagreement ~ ~ '
D. Escrow Retainaae for Construction Contracts. GDEM shall require Sub-recipient to maintain an escrow retainage
of the Sub-recipient agreement funds budgeted for construclon and rehabilitation in the amount of five percent (5%) of
each construction andlor rehabilitatiorsubcontract entered into by the Sub-reapient Before the retainage fees for
construction contracts are released, GDEM shall receive a complete and executed Certificate of Construction Completion
and Final Wage Compliance Report and the Sub-recipient shall certify it has received as-built plans for this Sub-reapient
agreement's funded construction activities. '
Legal Authority
A. Signatory Authority. The Sub-recipient assures and guarantees that the Sub-recipient possesses the legal authority
to enter into this Sutrrecipient agreement, receive Sub-recipient agreement funds and to perform the services the Sub-
recipient has obligated itself to perform pursuant to this Sub-recipient agreement.
B. Authorized Representative. The person or persons signing and executing this Sub-recipient agreement on the Sub-
recipient's behalf do warrant and guarantee that he, she or they have been duly authorized by the Sub-reapient to
execute this Sub-recipient agreement on the Sub-recipients behalf and to validly and legally bind the Sub-recipient.to all
contractual terms, performances and provisions.
Notice Of Litigation and Claims
The Sub-recipient shall give GDEM immediath notice in writing of:
any action, including any proceeding before an administrative agency, filedagainst the Sub-reapient arising
out the performance of any subcontract under this Sub-recipient agreement; and
2. any claim against the.Sub-recipient, the cost and expense of which the Sub-recipient may be entitled to be
reimbursed by HSGP. ~ - -
Except as otherwise directed by GDEM, the Sub-recipieht shall furnish immediately to GDEM copies of all documentation
receivedby the Sub{edpient with respect to such action or claim. - .
Indemnification
To the extent permitted by law, the Sub-redpient agrees to hold GDEM harmless and to indemnify GDEM from and
against any and all claims, demands and causes of action of every kind and character that may be asserted by any party
occurring or in any way incident to, arising out of or in connection with the services to be performed by the Sub-recipient
pursuantto this Sub-recipient agreement. ., .
Changes and Amendments
A. Written Amendment. Except as specifically providedotherwise in this Sub-recipieht agreement, any alterations,
additions or deletions to this Sub{edpient agreement's terms shall be made through Grant Adjustment Notices generated
6y the SAA-web-based grants management system and exeaited 6y the Parties.
B. Authority to Amend. ThisSub-recipient agreement's performances shall be rendered in accordance with the Act,
Exhibit A, the assurances and certifications made to GDEM by the Sub-recipient and the assurances and certifications
made~to DHS by the State of Texas with regard to the operation of the HSGP. Amendments may further be amended by
GDEM, during~the period of this Sub-recipient agreement's performance as GDEM issues policy directives that serve to
establish, interpret or clarify this Sub-recipient agreement's performance requirements. Such policy directives shall be
promulgated by GDEM in the form of Information Bulletins and-shall have the effect of qualifying this Subtecipient
agreement's terms and,shall be binding upon the Sub-recipient as ff written in the Sub-recipient agreement.
C. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Sub-recipient
agreement's terms that are required by the changes in federal and state laws or regulations are automatically
incorporated into this Sub-redpient agreement without written amendment to this Sub-recipient agreementand shall
becomeeffective on the date designated by such law or regulation. Federal Emergency Management Agency (FEMA)
periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which i4 administers.
. FEMA's National Preparedness Directorate Information Bulletins can be. accessed at
http~/hvww oio usdoi.govlodp/docs/bulletins.htm and are incorporated by reference into this subyrant.
Headings
Headings and captions of this Sub-recipient agreement's sections and paragraphs are only for convenience and
reference. These. headings and captions shall not affect or modify this Sub-recipient agreement's terms or be used to
interpret or assist in the construction of this Sub-redpient agreement
Oral and Written Agreements -
A. .Prior Agreements. All oral and written agreements between the Parties relating to this Sub-recipient agreement's
subject matter that were made prior to Date of Execution have been reduced to writing anii are contained in this Sub-
recipient agreement
B. Exhibits. The exhibits enumerated and denominated in the agreement are hereby made a part of this Sub-recipient
agreement and constitute promised performances by the Sub-recipient in accordance with the Sub-recipient agreement
and the Exhibits.
C. Commissioner's Signature. This Sub-recipient agreement is not effective unless signed by the Chief of GDEM.or by
his authorized designee.
Waiver
Any right or remedy provided for in this Sub-recipient agreement provision shall not preclude the exercise of any other
right or remedy under this Sub-recipient agreement or under any provision of law, nor shall any action taken or failure to
take action in the exercise of any right or remedy be deemed a waiver of any other rights or remedies at any time.
Venue
For purposes of litigation pursuant to this Sub-redpient agreement, venue shall lie in~Travis County, Texas.
EXHIBIT A
THE APPLICABLE LAWS AND REGULATIONS
The Sub-recipient shall comply with the Ad and regulations specified in Seciion 2; OMB Circular A-21, A-87, A-102, A-110,
A-122, A-133; Ex. Order 12372 (intergovemmentalveview of federal programs); and 44 C. F.R, Part 13, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments. Sub-recipients shall
also comply with 2C.F.R. Part 215, Institutions of Higher Education, Hospitals and Other Non-Profit Organizations, 2C.F. R.
Parts 225, State and Local Governments, Part 220, Educational Institutions; and Part 230, Non-Profit Organizations.
Compliance with Federal Acquisition Regulation Sub-part 31.2, Contracts with Commercial organizations is required. Sub-
recipient shall also comply with all other federal, state, and local laws and regulations applicable to this Sub-recipient
agreement's activities and performances rendered by the Sub-recipient including but not limited to the laws and the
regulations promulgated hereunder and specked in State Administrative Agency Information Bulletins, Texas Uniform Grants
Management Standards (UGMS) and Paragraph A through M of this Exhibit.
A. CIVIL RIGHTS -Title VI of the Civil Rights Act of 1964, as amended. (42 U.S.C. § 2000det seq.); (44 C.F.R. 7.1)
http'//www access apo qov/naralcfr/w9isidx 07/44cfr7 07.html
8. HANDICAP AND ARCHITECTURAL BARRIERS -Section 504 of the Rehabilitation Ad of 1973 (29 U.S.C. § 794); (44
C.F.R. 16.101) http'!/edocket access qpo aov/cfr 2007/octotrl44cfr16 101 htm ; Ttie Sub-recipient shall ensure that the plans
and specifcetions for construction of, improvements to, or therenovation of buildings, related to this project havebeen received
by the Texas Department of Licensing and Regulation (TDLR) concerning the elimination of architectural bariers encountered
by persons vrith disabilities as specified in Chapter 469, Texas Government Code. http//8o2 tlc state tx usrstatutes/ov.toc.htm
C. ENVIRONMENTAL LAW AND AUTHORITIES - In accordance with the provisions of law cited in 44 C.F.R. § 10.8, the
responsible entity shall assume the environmental responsibilities for projects under programs cited in §10.1, and in doing so
shallcomply with the provisions of the National Environmental Policy Ac[ of 1969, as amended and the Council on
Environmental Quality regulations contained in 40 C.F.R. parts 1500 through 1508.
http'/lwww access apo qov/nara/cfr/waisidx 07/40cfr1501 07: html ; (44 C.F.R. 10.1) -
http~//edocketaccess coo aov/cfr 2007/octatf/44cfr10.1.htm -
D. LABOR STANDARDS -The Davis-Bacon Act, as amended (40 U.S.C. § 3142)
& Safety Standards Act
Copeland "Anti-Kickback" Ad (18 U.S.C. § 874)
E. FREEDOM OF INFORMATION ACT - (5 U.S.C. 552); (44 C.F.R. 5.1)
http'//edocketaccess apo aov/cfr 2007/octptr/44cfr5 1 htm
The
F. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970- If the Sub-
recipient is a governmental entity, it must comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of
federal and federally-assisted programs; and (Federal Assurance) - (42 U.S.C. 4601)
http-/Mrww access apo aov/uscode/titte42/chapteBl .html ; (44 C.F.R. 25.1)
http~pedocketaocess apo qov/cfr 2007/odotr/44cf25.t.htm _ .
G. FAITH-BASED ACTIVITIES -Executive Order 13279 of December 12, 2002 -Equal Protection of the Laws for Faith-
8ased and Community Organizations, (67 Fed. Reg. 77141)
http //a257 q akamaitecli neff7/257/2422/14maf20010800/edocket access qpo aov12002/pdf/02-31831.pdf
H~. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMBI AND THE INCIDENT COMMAND SYSTEM (ICSI - Sub-
Recipientsmust have adopted and be implementing the National Incident Management System (NIMS) and the Incident
Command System (ICS) at the local level. http//wvrw fema oov/emeraencv/nimsJnims trainina.shtm
L .PROGRAM INCOME -1f a Sub~edpient is approved tor'an advance, the funds must be deposited it a separate interest
bearing account and are subject to the rules outlined in the Uniform Rule 28C.F.R. Part 66, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments, at
http//www access apo qov/nara/cfdwaisidx 0428drv2 04.html and the Unform Rule 28C.F. R-. Part 70,.Uniform
Administrative Requirements for Grants and Agreements (including sub-awards) with Institutions of Higher Education,
Hospitals, and other NonprofR Organizations, at http~//www acceu qpo qov/nara/cfrlwaisidx 03/28cfr70 03.html . Sub-
recipients must report any interest earned to GDEM/SAA. Any interest earned in excess of $100 must on a quartedy basis,
be remitted to:
Unithd States Department of Healthand Human Services
Division of Payment Management Services
P.O. Box 6021
' Rockville, MD 20852
J. AUDITS -The Sub-redpientshall arrange for the performance of an annual financial and compliance audit of Sub-
recipientagreementfunds received and performances rendered under this Sub-recipient agreement under the Single
Audit Act (OMB Cirwlar A - 133; 44 C.F.R. 13.26) http~//edocket access qpo qov/cfr 2007/octgtr/44cfr13.26.htm.
K. GRANT ADMINISTRATION -The Sub-recipient will also comply with Texas Government Code, Chapter783,
http~//tlo2.tlc.state.tx.us/statuteslgv.toc.htm; and the Uniform Grant Management Standards (UGMS), State Uniform
Administrative Requirements for Grants and Cooperative -
oc=l8og=28o tac=8ti=18pt=18ch=58r1=141 Sub-recipients must alsocemply with 44,C.F.R., Part 13,
http~/MwrN access qpo qov/nara/cfr/waisidx 07144cfr13 07 html; with 2C.F. R. Part 215
http~//wvrN access qpo qov/nara/cfr/waisidx 08/2cfrvl 08.html#215, 2C.F. R. Part 225, Part 220 and Part 230. Parts 220
and 230 are not available on-line at this time. A link v~ill be provided as soon as it becomes available.
L. PROPERTY ADMINISTRATION-TAC Title 1, Part 5, Chapter 116,
http~//info sos state tz us/pls/publreadtac$ext ViewTAC~tac yievr-38ti=18pt=5
M. PUBLICATIONS - 44 C.F.R., Section 13.34 http~//edocket access qpo qov/cfr 2007/octgtr/44cfr13 34 htm
1. .Sub-recipient acknowledges that FEMA National Preparedness Directorate reserves aroyally-free, non-
exclusive, andirrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for
Federal government purposes: (1) the copyright in any work developed under an award orsub-award; and (2)
any rights of copyright to which a recipient or Sub-recipient purchases ownership with Federal support. The
Recipient agrees to consult with NPD regarding fhe allocation of any patent rights that arise from, or are
purchased with, this funding.
2. The Sub-recipient agrees that all publigtions created. with funding under this grant shall prominently contain the
following statement °This Document was prepared under a grant from the National Preparedneu Directorate,
United States Department of Homeland Security. Point of view or opinions expressed in the document are those
ofthe authors and do not necessarily represent the-official position or policies of U.S. Department of Homeland
Security." -
10
EXHIBIT B
CERTIFICATIONS
I, as Mayor/County Judge of , Texas, hereinafter referred to as the
"Sub-recipient," certify the following vdth respect to the expenditure of Sub-recipient agreement funds.
. A.' The Sub-recipient shall minimizedisplacement of persons as a result of activities assisted with Sub-recipient
agreement funds.
B. The program shall be conducted and administered in conformity with the Civil Rights Act of 1964 (42 U.S.C. § 2000a
et seq.) -
.C. As specified by GDEM and FEMA, in the event that displacement of residential dwellings shall occut in connection
with a project assisted with HSGP funds, the Sub-recipient shall follow a residential anti~displacement and relocation
assistance plan. - - -
D. Asrequired by Executive Order 12549, Debarment and Suspension, and implemented at 28C. F.R. Part 67, for
prospective participants in primary covered transactions, as defined at 28C.F.R. Part 67, Section 67.510. (Federal
Certifiption) The Sub-recipient 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; Sub-recipients can access debarment informatioh by going to www.epls.gov and fhe
State Debarred Vendor List http://v~+nv.windowstate.lx.us/procuremenVprog/vendor performance/debarred/.
2. Have not within athree-year period preceding this application been convicted of or had a dvil 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, oriocal) 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 ofany of the offenses enumerated. in paragraph (D)(2) of this certification; and
4.` Have not within athree-year period preceding this application had one or more public transactions (Federal,
State, or local) terminated for cause or defaulX and ~ '
5. Where the applicant is unable to~certify to any of the statements in this certification, he or she shall attach an
explanation to thisappliwtion. (Federal Certification)
E. Sub-recipient understands and certified that it will 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 leve_I of gpvemment, without the
-express prior written approval of FEMA National Preparedness Directorate.
F. The Sub-recipient certifies federal funds will be used to supplement existingfunds, and will not replace (supplant)
funds that have been appropriated for the same purpose. Sub-recipient may be required to supply documentation
certifyingthat a reduction in non-federal resources occurred for reasons other than the receipt or expelled receipt of
federal funds.
Chief Elected Official, Mayor/County Judge ~ Date
r
11
EXHIBIT C
CERTIFICATION REGARDING LOBBYING FOR
SUB-RECIPIENT AGREEMENTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned, , as Mayor/County Judge of the ~ ~ ,Texas certifies the
followingto the best of his knowledge and belief.
A. No federal appropriated funds have been paid or shall be paid by or on behalf of the undersigned to any person for
influencng or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee
of Congress or an employee of a member of Congress in connection with the awardingof any federal Sub-recipient
agreement, the making of any federal grant, the making of any federal loan, the enteringinto of any cooperative
agreement and the extension, continuation, renewal, amendment or modification of any federal Sub-recipient agreement,
r grant, loan or cooperative agreement:
B. If any funds other than federal appropriated funds have been paid or shall 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 Sub-redpient agreement grant, loan or
cooperative agreement, the undersigned shall complete and submit standardform Disclosute Form to Report Lobbying
form in accordance with its instructions.
C. The undersigned shall require that the language of this certifcation be included in the award documents for all sub-
awards including subcontracts, subyrants and Sub-recipient agreements under grants, loans, andcooperative
agreements and that all Sub-recipients shall certify and disclose accordingly. _
This certification is a material representation of fact upon that 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 31
U.S.C § 1352. Any person who fails to file the requiredcertification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure. ~ _
Chief Elected Official, MayorlCounty Judge
12
Date