HomeMy WebLinkAboutPR 15402: ACCEPT FY 2009 EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARDMemorandum
To: Steve Fitzgibbons, City Manager
From: Mark Blanton, Chief of Police
Date: July 23, 2009
Re: Proposed Resolution No.15402
RECOMMENDATION:
The Police Department recommends that the City Council adopt Proposed Resolution
15402 authorizing the Mayor and City Manager to accept the FY 2009 Emergency
Management Performance Grant award of $38,018.
BACKGROUND:
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,
prepazedness, response, and recovery capabilities for all hazards, and also to support local
comprehensive emergency management programs.
BUDGETARY/FISCAL EFFECT:
None.
STAFFING/EMPLOYEE EFFECT:
None.
SUMMARY:
The Police Department recommends that the City Council adopt Proposed Resolution
15402 authorizing the Mayor and City Manager to accept the FY 2009 Emergency
Management Performance Grant awazd of $38,018 to assist state and local governments
in developing and carrying out emergency management programs.
MB:sz
P.R. No. 15402
08/07/09 sz/gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO
ACCEPT THE FY 2009 EMERGENCY MANAGEMENT PERFORMANCE
GRANT IN THE AMOUNT OF $38,018
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. aze used to
support local comprehensive emergency management programs, and;
WHEREAS, grant funding also encourages improvement of mitigation,
prepazedness, 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 of Port Arthur hereby authorizes the Mayor and/or City
Manager to accept the FY 2009 Emergency Management Performance Grant award of
$38,018, as outlined in Exhibit "A", and to execute the gant agreement in substantially
the same form as 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., 2009, at a Regulaz Meeting of the City Council of the City of Port Arthur, Texas,
by the following vote:
AYES: Mayor
City
NOES:
Deloris Prince, Mayor
ATTEST:
Terri Hanks, City Secretary
APPROVED AS TO FORM:
Mazk Sokolow, City Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons, City Manager
Exhibit "A"
NOTICE OF SUBRECIPIENT GRAND AWARD
GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT
Program Title: FY 2009 Emergency Management Performance Grant (EMPG)
DHS Instrument Number: 2009-EP-E9-0005
GDEM Grant Number: 09TX-EMPG-0396
Administered By: Governor's Division of Emergency Management
Texas Dcpartmept of Public Safety
P.O. Box 4087
Austin, Texas 78773-0220
Recipient: City of Port Artbur
P.O. Bo:1089
Port Arthur, Texas 77641
Amount of Grant: 3 38,018.00
Period of Graat: October 1, 2008, to September 30, 2009
AGE APPROVAL GRANT ACCEPTANCE
O~ginai Signature Requirzd
lack Colley
Chief Printed Name/Title:
Date: Jury 15, 2009 Date:
Returu Signed Copy of This Page wilkirt 45 days to:
Governor's Division of Emergency Management
Attention: Rex Ogle, Preparedness Section
PO Box 4087
Austin, TX 78773-0220
h PTE AFT
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DIVISION OF EMERGENCY MANAGEMENT
Office of the Governor
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Gavereer
Mutiny, Addrng~ Camec(Numhers-
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Amon, Tesu 78]730220 312A24-2277 Non-Doty Hours
312-424-2dN Fu
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Dirntor
Povaiul Address OKia of HomeLedSmrirv
3803 N. Wnu 91vd.
Austin, 7esu 1r732
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JACK COLLEV
Ceief
The Honorable Deloris Prince
Mayor, City of Port Arthur
P.O. Box 3089
Port Arthur, TX 77641- O~~
Dear MayorPrinc ~ ~~~
This letter is to advise you that your application to participate in the Emergency Management Performance
Grant (EMPG) program during Fiscal Year 2009 (FY 09) has been accepted.
1. Grant Award
The Notice of Sub-recipient Grant Award (Attachment 1) specifies the federal EMPG program funding
that will be provided during FY 09.
An individual authorized by your City Council to accept grants on behalf of the jurisdiction, typically the
Mayor or City Manager_ must sign the award and return it to the Division within 45 days to activate your
grant. Retain a copy for your records and provide a copy of the entire gran[ award package to your local
fmancial manager.
2. Required EMPG Tasks
A. Your FY 09 EMPG Program Application has been approved. As changes to this document may have
been made in order to meet FY 09 program requirements since originally submitted, you should
carefully review the attached copy.
B. The process for documenting exercise participation has not changed. All EMPG participants must
prepare and submit an Afrer Action Report (AAR) and Improvement Plan (IP), in the Format
prescribed by the DHS Homeland Security Exercise Evaluazion Program (HSEEP). The HSEEP
document can be accessed at http://www.ojp.usdoj/odo/exercises.htm. A sample AAR and IP is
located on our website at http://www.txdps.state.tx us/dem.
C. The Department of Homeland Security has identified steps that States, territories, tribal, and local
entities should take during FY 09 to remain compliant with the NIMS. All jurisdictions awarded FY
09 EMPG funds must achieve and maintain 100% compliance with NIMSCAST objectives and
metrics.
D. Participate in the Texas Regional Response Network (TRRN) by registering as a user and identifying
resourctgs thatjurisdiction(s} participating in the local emergency management program are prepared
to make available to otherjurisdictions through mutual aid.
E. As indicated in the FY 2D09 EMPG Guidance, grant recipients must apply no less than ZS percent of
their grant award toward planning activities. The Stang Commitment Certification should be
submitted semi-annually with each Progress Repoli.
3. Task Progress & Reporting
Continued participation in the EMPG program is in part conditioned on making proportional progress on
your Work Plan tasks and the timely submission of progress and financial reports.
A. Proportional Progress in Program Tasks. You are expected to complete and document a portion of
those tasks each quarter rather than deferring most planning tasks, training, exercises, and other
activities until the last several months of the fiscal year. Those who try to complete a year's work in
several months frequently fail when emergencies occur late in the year.
B. Financial Reports. EMPG Financial reports are due 30 days after the close of each quarter of cite
federal Fiscal Year. Quarterly Financial Reports are due January 15, April I5, July I5, and October
I5. These reports should be sent directly to the GDEM EMPG Audi[or at the P.O. Box address at
the top of the first page of this letter.
C. Progress Reports. Your first semi-annual progress report was due to the GDEM Preparedness
Section on April 15, 2009. The final progress report is due October I5, 2009. As noted previously,
these reports should reflect and document progress in completing the tasks contained in your
Statement of Work.
D. Failure to complete the tasks outlined in your approved Statement of Work or to submit quarterly
financial reports and semi-annual progress reports by the required due dates is cause far elimination
from the EMPG program.
GDEM/SAA is currently working on adding the EMPG Gran[ to the State's Grant Management and
Accounting System. The GDEM/SAA grant management system provides the individual jurisdiction
grantees near-real-time information on project purchases and grant fmancial status. The GDEM is currently
working to set up procedures for the use of the Grant Management System for EMPG expenditures. Until
further notice, jurisdictions receiving EMPG Grant funds shall continue submitting manual Expenditure
Request and Reimbursement Request to the GDEM.
If you determine that you do not wish to participate in the FY 09 EMPG program, please advise me as soon
as possible.
If you have questions regarding the financial reporting requirements, please contact our EMPG Auditor,
Doris Grisham, at 512-424-2448. If you have questions regarding EMPG tasks or your Jurisdiction Profile,
please contact the EMPG Program Administrator, Rex Ogle, at 512-424-7051.
Attachments: 1-Notice of Sub-Recipient Grant Award
r 2- Terms and Conditions
-Approved Statement of Work
FY 2009 EMPG
Terms and Conditions
1. Purpose: 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 of 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 the local
emergency management program using Emergency Management Assessment Program
(EMAP) standards.
2. Grant Conditions: If federal or state grant funds are involved in funding of this contract, then
the conditions of those respective grants are incorporated herein by reference and made a
part hereof for all intents and purposes. The federal grant terms and conditions are located
at: http~//wvdw fema gov/governmenUgrant/empq.
3. Grant Acceptance: The Notice of Subrecipient Grant Award is only an offer until the
Subrecipient returns the signed copy of the Acceptance of Subrecipient Grant Award in
accordance with the instructions provided in the transmittal letter.
4. Work to Be Performed: The approved FY 09 Statement of Work & Progress Report outlines
eight tasks that the grantee must perform during the grant period. The following additional
tasks are also required of subrecipients:
A. Implement the National Incident Management System (NIMS) at the local level.
B. Incorporate pertinent information concerning the National Response Framework (NRF)
into the local or inter jurisdictional emergency management plan and its annexes.
C. Participate in the Texas Regional Response Network (TRRN) by registering as a user
and identifying resources that the jurisdiction(s) participating in the local emergency
management program are prepared to make available to other jurisdictions through
mutual aid.
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 Governor's Division of Emergency Management (GDEM). This may
be accomplished by a jurisdiction maintaining its own emergency management plan or
participating in an inter-jurisdictional emergency management program that meets the
required standards. If the GDEM identifies deficiencies in the subrecipient's plan,
Subrecipient will correct deficiencies within 60 days of receiving notice of such
deficiencies from GDEM.
E. During the performance period of this grant, Subrecipient agrees that it will participate in
a legally-adopted county and/or regional mutual aid agreement.
F. subrecipients must maintain an updated inventory of equipment purchased through this
grant program in accordance with Uniform Grant Management Standards -III, State
1
Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart
C-Post-Award Requirements, Reports, Records, Retention, and Enforcement,
Equipment and the Department of Homeland Security (DHS), Office of Grant Operations
Financial Management Guide.
G. The subrecipient agrees that any equipment purchased with grant funding 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: 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, the GDEM may be
able to allocate additional funds 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 htto://www.oia.usdoi.govlfinancialguide/.
A. All emergency management program costs for which the subrecipient seeks
reimbursement must be eligible in accordance with OMB Circular A-87, Cost Principles
for State, Local, and Indian Tribal Governments. A copy of that document is available at:
htto: /fwww.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, as further
described in the current edition of the DHS Office of Grant Operations (OGO)'s Financiai
Management Guide (January 2006) at:
htto'//www oip usdol oov/odp/docs/Financial Management Guide pdf
C. When implementing 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
section 106 of the National Historic Preservation Act of 1966 (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 prior to the start of the period of performance stated in this
award document or after the end of the period of performance.
F. Notwithstanding any other provisions of this document, the parties hereto understand
and agree that the obligations of GDEM under this Agreement are contingent upon the
availability of adequate funds to meet GDEM's liabilities hereunder. GDEM shall not be
liable to the Subrecipient for costs under this Agreement that exceed the amount
specified in the Notice of Subrecipient Grant Award.
Single Audit Act Requirements: If Subrecipient has expenditures in excess of $500,000 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 GDEM. Reporting requirements are found in
the Fiscal Year 2009 Local Emergency Management Program Gurde. Subrecipients may be
required to submit additional information and data requested by GDEM and/or the State
Administrative Agency after the end of the period of performance in order to close out the
grant.
9. Subrecipient must prepare and submit Semi-Annual Progress Reports GDEM/SAA 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 and
the second reporting period is April 1 to September 30 of each fiscal year. Subrecipient may
also be required to submit additional information and data requested by GDEM/SAA.
10. Review of Work and Expenditures: GDEM may review the work of the Subrecipient with
respect to approved program tasks and also review expenditures for which reimbursement is
requested as necessary to ensure the federal awards are used for authorized purposes in
compliance with laws, regulations, and the provisions of contracts or grant agreements 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.
11. 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;
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
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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 Forrn - 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.
12. 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.eals.gov.
2) Have not, within athree-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 athree-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 Cert~cation).
13. Monitoring:
A. subrecipient will provide GDEM, State Auditor, or DHS personnel or their authorized
representative, access to and the right to examine all paper or electronic records related
to the financial assistance.
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. GDEMlSAA may perform periodic reviews of subrecipient performance of eligible
activities and approved projects. These reviews may include, without limitation:
performance of 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 agrees that all allocations and use of funds under this grant will be in
accordance with the Homeland Security Grant Program Guidelines 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 (UASIj
Strategies.
F. 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.
14. Reimbursement for Expenses:
A. Reimbursement for expenses incurred during the second and fourth quarter of Fiscal
Year 2009 will not be disbursed until GDEM receives the first and second semi-annual
EMPG Progress Reports, which are due on April 15, 2009 and October 15, 2009,
respectively.
B. As GDEM plans to promptly close out the Fiscal Year 2009 EMPG program with the
State Administrative Agency, requests for reimbursement of expenses that are
postmarked more than 45 days after the end of the stated period of performance will not
be paid.
15. Choice of Law: This agreement shall be construed and governed by Texas law.
16. 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, and the United
States. This contract does not grant vendor a franchise or any other vested property right.
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17. Written Modification: No modification or amendment to this Agreement shall become valid
unless in writing and signed by both parties.
18. 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. See Attachment 1.
19. To the extent it applies, Subrecipient shall comply with the General Appropriations Act, 80'h
Legislature, Article IX, Part 17. See Attachment 2.
20. GDEM 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 GDEM audit and compliance personnel are resolved.
Attachment 1
Subpart B-Pre-Award Requirements
14 State assurances
(a) Scope. In addition to federal requirements, state law requires a number of
assurances from
applicants for federal pass-through or 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 reouired for any one grant However. it is the aoplicant's resoonsibility
to ensure that all assurances reouired by the awarding agency are submitted
The legal instrument for awarding state funds must be consistent with the standards
prescribed herein; however, these standard conditions or assurances may be
incorporated into contracts or grant agreements by reference rather than by being
reproduced in their entirety.
(1) A subgrantee must comply with Texas Government Code, Chapter 573; Vernon's
1994, by ensuring that no officer, employee, or member of the applicant's governing
body or of the applicant's contractor shall vote or confirm the employment of any
person related within the second degree of affinity or the third degree of
consanguinity to any member of the governing body or to any other officer or
employee authorized to employ or supervise such person. This prohibition shall not
prohibit the employment of a person who shall have been continuously employed for
a period of two years, or such other period stipulated by local law, prior to the election
or appointment of the officer, employee, or governing body member related to such
person in the prohibited degree.
(2) A subgrantee must insure 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, Vernon's
1994, unless otherwise expressly prohibited by law.
(3) A subgrantee must comply with Texas Government Code, Chapter 551, Vernon's
1994, which requires all regular, special or called meeting of governmental bodies to
be open to the public, except as otherwise provided by law or specifically permitted in
the Texas Constitution.
(4) 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) No health and human services agency or public safety or law enforcement agency
may contract with or issue a license, certificate or permit to the owner, operator or
administrator of a facility if the license, permit or certificate has been revoked by
another health and human services agency or public safety or law enforcement
agency. ,
(6) A subgrantee that is a law enforcement agency regulated by Texas Government
Code, Chapter 415, must be in compliance with all rules adopted by the Texas
Commission on Law Enforcement Officer Standards and Education pursuant to
Chapter 415, Texas Government Code or must provide the grantor agency with a
certification from the Texas Commission on Law Enforcement Officer Standards and
Education that the agency is in the process of achieving compliance with such rules.
(7) When incorporated into a grant award or contract, standard assurances contained
in the application package become terms or conditions for receipt of grant funds.
Administering state agencies and local subrecipients shall maintain an appropriate
contract administration system to insure that all terms, conditions. and specifications
are met. C
(8) A subgrantee must comply with the Texas Famlly 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 Ghild Protective and Regulatory Services.
Subgrantees shall also ensure that alf program personnel are properly trained and
aware of this requirement.
(9) Subgrantees will comply with all federal statutes relating to nondiscrimination.
These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P. L.
88-352) which prohibits discrimination on the basis of race; color or national origin;
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section
504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination on the basis of handicaps and the Americans With Disabilities Act of
1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-
6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office
and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§
523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)
any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and (j) the requirements of any
other nondiscrimination statute(s) which may apply to the application.
(10) 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), regarding labor standards for federally assisted construction
subagreements.
(11) Subgranteeswill comply with requirements of the provisions of the Uriiform
Relocation Assistance and Real Property Acquisitions Act of 1970 (P. L. 91-646)
which provide for fair and equitable treatment of persons displaced or whose property
is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of Federal participation in purchases.
(12) 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 or in part with Federal funds.
(13) 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) Subgrantees will insure that the facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of the project are not listed
on the Environmental Protections Agency's (EPA) list of Violating Facilities and that it
will notify the Federal grantor agency of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating that a facility to be used in
the project is under consideration for listing by the EPA. (EO 11738).
(15) Subgrantees will comply with the flood insurance purchase requirements of
102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102
(a) requires the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for
construction or acquisition proposed for use in any area that has been identified by
the Secretary of the Department of Housing and Urban Development as an area
having special Flood hazards.
(16) 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 violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal
actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear
Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended (P. L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended, (P.l. 93-205).
(17) Subgrantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.
§§ 1271 et seq.) related to protecting components or potential components of the
national wild and scenic rivers system.
(18) Subgrantees will assist the awarding agency in assuring compliance with
Section 106 of the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
(19) Subgrantees will comply with the Laboratory Animal Welfare Act of 1966 (P. L.
89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and
treatment of warm blooded animals held for research, teaching, or other activities
supported by this award of assistance.
(20) Subgrantees will comply with the Lead-Based Paint Poisoning Prevention Act
(42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in
construction or rehabilitation of residential structures.
(21) 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 as defined by the Act.
(22) Subgrantees will comply with all federal tax laws and are solely responsible for
filing all required state and federal tax forms.
(23) Subgrantees will comply with all applicable requirements of al( other federal and
state laws, executive orders, regulations and policies governing this program.
(24) The applicant must certify that they are not debarred or suspended or otherwise
excluded from or ineligible for participation in federal assistance programs.
(25) 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 seq.
Subpart C-Post-Award Requirements -Reports, Records, Retention, and
Enforcement
_.42 Retention and access requirements for records.
(a) Applicability. Certain additional standards for retention of public records in Texas are
codified at 13 TAC Chap. 6 for state agencies and at 13 TAC Chap. 7 for local
governments. The Texas State Library and Archives Commission, through the Records
Preservation Advisory Committee has established recommended retention periods longer
than three years for many types of public documents, whether in original hard copy or in
microfilm form. State awarding agencies may obtain a copy of the Recommended
Retention Schedule by contacting the State Library and Archives Commission.
(1) This section applies to all financial and programmatic records, supporting
documents, statistical records, and other records of grantees or subgrantees
which are:
(i) Required to be maintained by the terms of this Part, program
regulations or the grant agreement, or
(ii) Otherwise reasonably considered as pertinent to program regulations
or the grant agreement.
(2) This section applies to records maintained by contractors or subcontractors
for purchases of goods or services funded in whole or in part from state funds.
For a requirement to place a provision concerning records in certain kinds of
contracts,am.Sea}ian-
(b) Length of retention period.
(1) Except as otherwise provided, records must be retained for three years from
the starting date specified in paragraph (c) of this section.
(2) If any litigation, claim, negotiation, audit or other action involving the records
has been started before the expiration of the 3-year period, the records must be
retained until completion of the action and resolution of all issues which arise
from it, or until the end of the regular 3-year period, whichever is later.
(3) To avoid duplicate recordkeeping, awarding agencies may make special
arrangements with grantees and subgrantees to retain any records which are
continuously needed forjoint use. The awarding agency will request transfer of
records to its custody when it determines that the records possess long-term
retention value. When the records are transferred to or maintained by the federal
or state agency, the 3-year retention requirement is not applicable to the grantee
orsubgrantee.
(c) Starting date of retention period.
(1) General. When grant support is continued or renewed at annual or other
intervals, the retention period for the records of each funding period starts on the
day the grantee orsubgrantee submits to the awarding agency it's single or last
audit report for that period. However, if grant support is continued or renewed
quarterly, the retention period for each year's records starts on the day the
grantee submits its expenditure report for the last quarter of the federal, state, or
other designated fiscal year. In all other cases, the retention period starts on
the day the grantee submits its final audit report. If an expenditure or audit
report has been waived, the retention period starts on the day the report would
have been due.
(2) Real property and equipment records. The retention period for real property
and equipment records starts from the date of the disposition or replacement or
transfer at the direction of the awarding agency.
(3) Records for income transactions after grant or subgrant support. In some
cases grantees must report income after the period of grant support. Where
there is such a requirement, the retention period for the records pertaining to the
earning of the income starts from the end of the grantee's fiscal year in which the
income is earned.
(4) Indirect cost rate proposals, cost allocations plans, etc. This paragraph
applies to the following types of documents, and their supporting records: indirect
cost rate computations or proposals, cost allocation plans, and any similar
accounting computations of the rate at which a particular group of costs is
chargeable (such as computer usage chargeback rates or composite fringe
benefit rates).
(i) If submitted for negotiation. If the proposal, plan, or other
computation is required to be submitted to the federal government (or to
the grantee) to form the basis for negotiation of the rate, then the 3-year
retention period for its supporting records starts from the date of such
submission.
(ii) If not submitted for negotiation. If the proposal, plan, or other
computation is not required to be submitted to the federal govemment (or
to the grantee) for negotiation purposes, then the 3-year retention period
for the proposal plan, or computation and its supporting records starts
from end of the fiscal year (or other accounting period) covered by the
proposal, plan, or other computation.
(d) Substitution of microfilm. Copies made by microfilming, photocopying, or similar
methods may be substituted for the original records.
(e) Access to records--
(t) Records of grantees and subgrantees. The awarding agency and the
Comptroller General of the United States, the Texas State Auditor, or any of
their authorized representatives, shall have the right of access to any pertinent
books, documents, papers, or other records of grantees and subgrantees which
are pertinent to the grant, in order to make audits, examinations, excerpts, and
transcripts.
(2) Expiration of right of access. The right of access in this section must not be
limited to the required retention period but shall last as long as the records are
retained.
(f) Restrictions on public access. The federal Freedom of Information Act (5 U.S.C. 552)
does not apply to records. Unless required by federal, state, or local law, grantees and
subgrantees are not required to permit public access to their records.
Attachment 2
PART 17. GRANT-MAKING PROVISIONS
Sec. 17.01. Emergency and Deficiency Grants Out of Special Funds. For the purposes of
§§ 401.061 and 403.075, Government Code, appropriations to the Office of the Governor from
"special funds" include excess revenues from General Revenue Fund-Dedicated accounts that
were previously special funds above those estimated by the Comptroller in certrfying this Act.
Sec. 17.02. Limitation on Grants to Units of Local Government
(a) The funds appropriated by this Act may not be expended in the form of a grant to, or a
contract with, a unit of local government unless the terms of the grant or contract require that
the funds received under the grant or contract will be expended subject to limitations and
reporting requirements similar to those provided by:
(1) Parts 2 and 3 of this Article (except there is no requirement for increased salaries for local
government employees);
(2) § § 556.004, 556.005, and 556.006, Government Code;
(3) § § 2113.012 and 2113.101, Government Code;
(4) § 6.15 of this Article (Performance Rewards and Penalties);
(5) § 7.01 of this Article (Budgeting and Reporting);
(6) § 7.02 of this Article (Annual Reports and Inventories); and
(7) § 2102.0091, Government Code.
(b) In this section, `unit of local government" means:
Art IX-Conf IX-72 May 25, 2007
(1) a council of governments, a regional planning commission, or a similar regional planning
agency created under Chapter 391, Local Government Code;
(2) a local workforce development board; or
(3) a MHMR community center.
Sec. 17.03. Grant Restriction. Funds appropriated by this Act may not be expended for a grant
to a law enforcement agency regulated by Chapter 1701, Occupations Code, unless:
(1) the law enforcement agency requesting the grant is in compliance with all rules developed
by the Commission on Law Enforcement Officer Standards and Education; or
(2) the Commission on Law Enforcement Officer Standards and Education certifies that the
requesting agency is in the process of achieving compliance with such rules.
Sec. 17.04. Grants.
(a) Funds appropriated by this Act for grants of money to be made by state agencies, including
the agencies in the legislative branch, are appropriated for the statutory purposes as the grantor
agency may specify. A state agency shall distribute grants on a reimbursement or as needed
basis unless otherwise provided by statute or otherwise determined by the grantor agency to be
necessary for the purposes of the grant.
(b) Funds appropriated by this Act for grants to be made by a state agency for a particular fiscal
year may be distributed in subsequent fiscal years so long as the grant has been awarded and
treated as a binding encumbrance by the grantor agency prior to the end of the appropriation
year of the funds appropriated for grant purposes. Distribution of the grant funds is subject to §
403.071, Government Code.
Sec. 17.05. Grants for Political.Polling Prohibited. None of the funds appropriated by the Act
may be granted to or expended by any entity which performs political polling. This prohibition
regarding political polling does not apply to a poll conducted by an academic institution as a part
of the institution's academic mission that is not conducted for the benefit of a particular
candidate or party.
p¢rpiya Fax Aor 24 2009: 15:36 Faz Station ':-`~TexSs-Oeot. 'of Public Safetv ~~- ~ o 2
RPR-24-2009 03 45 PT RRTHUR POLICE
409 983 (3621 P.02
FISCAL YEAR 2009
EMPG STATEMENT OF WORK & CUMULATIVE PROGRESS REPORT
APPLICANT NAME Jurisdiction : Cit of Port Arthur
Document SuDmittetl B Date GDEM Revlaw B Date
SlatamantofWork wens, EMC 12 03 OS ;~ J~ r ~ /-r)
Pro rase R ort #1
Pm ressR ort#2
TASK 1-WORK PLAN & SEMIANNUAL PROGRESS REPORT
- Our jurisdiction will submit an EMPG Application. two Progress Reports, two Staffing -
® Work Plan Commitment CeniLceGons, and four quenedy Financial Repods. -
Ourjurisdiction has appointed a NIMSCAST point of cont9cl, established a NIMSCAST
acwunt, entl is 100% com liant with F`f 2008 NIMSCAST ob~ectives and metrics.
This Progress Report # 1 is being submitted to the GDEM Preparedness Section
^ Progress Report #1 ^ First & Second Quarter Financial Reports have been submitted to GDEM Support
Services.
^ This Progress Report # 2 is being submitted to the GDEM Preparedness Section.
^ Progress Report #2 ^ Third 8 Fourth Quarter Financial Reports have been submitted to GDEM Support
Services.
TASK 2-LEGAL AUTHORITIES FOR EMERGENCY MANAGEMENT PROGRAM
Our jurisdiction will maintain current legal documents establishing our emergenq
management program.
® Our legal documents ere current & on file with GDEM; no additional action is
required.
~ Our NIMSCAST account is 100% compliant wRh ell objectives entl metrics.
® Work Plan ^ Our judsdiaion will prepare or update 8 submit to GDEM:
^ Commissioner's Court Order tt
^ City Ordinance(s) for:
^ Updated Joint Resolubon dated:
^ NIMS Adoption dated:
® TRRN re istralion com letetl end resources entered
^ Our legal dowments are current 6 on file with GDEM, no edtlitionel action is
required.
^ Our NIMSCAST account is 100°h compliant with all objectives and metrics.
^ Progress Report #1 ^ Our jurisdiction completed 8 submitted to GDEM:
^ Commissioners Court Order #
(Oct. 1-Mar. 31) ^ Ciry Ordinance(s) for
^ Updated Joint Resolution doled:
^ NIMS Adoption dated:
^ 7RRN m isaation com letetl and resources entered
Our legal dowments are current 8 on Fik with GDEM, no additional action is
required.
^ Ow NIMSCAST accountis t00Y°comDliant with all objectives and mebics.
^ Progress Report #2 ^ Ourjurisdiaion completed 8 submitted to GDEM:
^ Commissioner's Court Order #
(Apr. 1-Sept 30) ^ City Ordinance(s) tor.
^ Updated Joint Resolution dated:
^NIMS Adoption dated:
^ TRRN re istratlon com tared entl resources entered
EM-t7A Page t eta
ttr98 Mail wmpleled form lo: EMPG Program Adminislrolor
Preparednee6 SaCliOn
GDVemort Dwision of Emergency Management
Texas Department or Pu09C Safety
P O Box X097
Ausdn, T% 79773-0223
TASK 3-PUBLIC EDUCATION/INFORMATION
® Option 1: Our jurisdiction will conduct 30 hours of hazard awareness activities for
local citizens.
OR
^ Option 2: Our jurisdiction will prepare & distribute public educationfinformation
ortion of the community. In the space below, describe the
ubstantial
t
l
i
® Work Plan p
o a s
a
s
mater
materials to be distributed:
^ Our jurisdiction completed the following hazard awareness or public
educationlinformation activities:
^ Progress Report #1
(Oct.1-Mar. 31)
^ Our jurisdiction completed the following hazard awareness or public
education(nformation activities:
^Progress Report #2
(Apr. 1-Sept. 30)
TASK 4-EMERGENCY MANAGEMENT PLANNING DOCUMENTS
® Our jurisdiction reviewed our emergency management plan 8 annexes for currency
and NIMS compliance.
^ Our emergency management plan and all annexes are current and NIMS compliant.
® We will develop, update, or change these planning documents:
^ Basic Plan
^H ^I ®J ^K ®L ^M
^
^
e
Work Plan ^R ^S ^T ~U
^V
®O ^P ®O
~N
^ Other documents:
NOTE: Plans & annexes dated prior to September 30, 2D04, must be revised or updated
this eac All Plans and Annexes must be NIMS com lion[
^ Our jurisdiction reviewed our emergency management plan 8 annexes for currency
and NIMS compliance.
^ Our emergency management plan and all annexes are current and NIMS compliant
^ Progress Report #1 ^ We updated by revision or change these planning documents:
(Oct. 1-Mar. 31) ^ Basic Plan
^H ^I ^J ^K ^L ^M
e
^
^
ON
^S ^T ^U
~O ^P ^O ^R
^V
^Other documents:
^ Ourjurisdiction reviewed our emergency management plan & annexes for cumency
and NIMS compliance.
^ Our emergency management plan and all annexes are current and NIMS compliant
^ Progress Report #2 ^ We updated by revision or change these planning dowments:
(Apr. 1-Sept. 30) ^ Basic Plan
Annexes: ^A ^B ^C ^D ^E ^F ^G ^H ^I ^J ^K ^L ^M
^N ^O DP DO DR ^S ^T ^U ^V
^ Other documents:
Pane 7 of 6
OEM-17A
11100
TASK 5-EXERCISE PARTICIPATION & SCHEDULE
Our required three-year exercise schedule is listed below.
We will conduct & report participation in a tabletop exemise and a functional orfull-scale
® Work Plan exercise this fiscal year or obtain exercise credit for actual events for these exercises.
^ Our required exercise schedule includes make up exercises from FY
NOTE: A Full-Scale exercise must be conducted eve three 3 ears.
REQUIRED EXERCISE SCHEDULE
Period Exercise T e Exercise Scenario* Quarter of Year
Fi
l Y ®Tableto ®NH ^TH ^ NS ^ TR ^ HM ^ 1 ~J 2 ^ 3 ^ a
sca
ear 2009
(Oct. 2008-Sept. 2009) ~ Functional ~ NH ^TH ^ NS ^ TR ^ HM ^ t [~ 2 ^ 3 ^ 4
^ Full-Scale ^ NH ^TH ^ NS ^ TR ^ HM ^ t ^ 2 ^ 3 ^ a
Fi ®Tableto ®NH ^TH ^ NS ^ TR ^ HM ®1 ^ 2 ^ 3 ^ a
scal Year 2010
(Oct. 2009-Sept. 2010) ® Functional ®NH ^TH ^ NS ^ TR ^ HM ^ 1 ~] 2 ^ 3 ^ a
^ Full-Scale ^ NH ^TH ^ NS ^ TR ^ HM ^ 1 ^ 2 ^ 3 ^ a
Fi
l ®Tableto ®NH ^TH ^ NS ^ TR ^ HM j:{7 1 ^ 2 ^ 3 ^ a
sca
Year 2011
(Oct. 2010-Sept. 2011) ~ Functional ®NH ^TH ^ NS ^ TR ^ HM ^ t ®2 ^ 3 ^ a
^ Full-Scale ^ NH ^TH ^ NS ^ TR ^ HM ^ t ^ 2 ^ 3 ^ a
Our last Fult-Scale exer cise was wnducted on date : ~)7- og Scenario': N V+
'Scenarios: NH=Natural Haz ard , TH=Technolo ical Hazard, NS=National Securi , TR=Terrorism, HM=Public Health or Medical
W e conducted the followin exercises and rovided documentation to GDEM:
Exercise Date # of Partici ants # of Jurisdictions
^ Tabletop
^ Functional
^ Full-Sple
^ Tabletop
^ Progress Report #1 ^ Functional
^ Full-Scale
(Oct. 1-Mar. 31) ^ Tabletop
^ Functional
^ Full-Scale
^ Our jurisdiction completed NO exercise and requested credit for an actual event.
^ Ourjudsdiction requested functional orfull-scale exercise credit for an actual event
on _ and our request ^ is pending ^ was approved and documentation of
a royal is attached.
We conducted the followin exercises and rovided documentation to GDEM:
Exercise Date # of Partici ants # of Jurisdictions
^ Tabletop
^ Functional
^ Full-Scale
^ Tabletop
^ Progress Report #2 ^ Functional
^ Full-Sgle
(Apr. 1-Sept. 30) ^ Tabletop
^ Functional
^ Full-Scale
^ Ourjudsdiction completed NO exercise and requested credit for an actual event.
^ Ourjurisdiction requested functional orfull-scale exercise credit for an actual event
on _ and our request ^ is pending ^ was approved and documentation of
a royal is attached.
U°""- ~ ~ ~ Page 3 of 6
71/06
TASK 6-TRAINING FOR EMERGENCY MANAGEMENT PERSONNEL
EMPG-funded emergency management personnel will participate in the following
trainin Burin FY 2009:
Position/Name Course Name or Number
EMC, John Owens G-197 Emergency Planning &
Special Needs
® Work Plan
Admin. Asst. -G-363 Hurricane Readiness For
Susan Zook Coastal Communities
EMC, John Owens G-720 Mitigation Grants Course
Emergency management persdnnel completed the following training and documentation
is attached:
PositianlName Course Name or Number Date
^ Progress Report #~
(Oct. 1-Mar. 31)
Emergency management personnel completed the following training and documentation
is attached:
PositionlName Course Name or Number Date
^ Progress Report #2
(Apr. 1-Sept. 30)
Page 4 of 6
11/08
TASK 7-EMERGENCY MANAGEMENT TRAINING FOR OTkER PERSONNEL
®Work Plan Our jurisdiction will conduct or arrange emergency management related
trainin for elected officials, other local officials, & su ort a encies.
The followin formal trainin courses were tau ht or contracted:
Date Course 7iUe Class Descri lion # Trained
^ Progress Report #1
(Oct. 1-Mar. 3t)
The followin formal trainin courses were tau ht or contracted:
Date Course Title Class Descri lion # Trained
^Progress Report #2
(Apr. 1-Sept. 30)
TASK 8-EMERGENCY MANAGEMENT ORGANIZATIONAL DEVELOPMENT
Ourjurisdiction will participate in the following emergency management
organizational development activities:
®Work Plan onferences 6 Meetings: Texas Homeland Security
Conference, Texas Hurricane Conference, Texas
Preparedness Advisory Council
Working Groups: JeffersonCo. LEPC, Sabine Neches
Ourjurisdiction completed the following staff development activities:
^ Progress Report #1
(Oct. 1-Mar. 31)
Our jurisdiction completed the following staff development activities:
^Progress Report #2
(Apr. 1-Sept. 30)
)EM-17A
1'1!08 rage o of ti
APPLICANT
City of Port Arthur
(Use an Additional Sheet if Necessary)
TASK 8-EMERGENCY MANAGEMENT ORGANIZATIONAL DEVELOPMENT (continued from
Page 5)
Chiefs Association, Anti-Terrorism Advisory Council, Area
Maritime Security Council
Paae