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HomeMy WebLinkAboutResolution - 2011-R0462 - Accept Funding - Emergency Management Performance Grant - 10/27/2011Resolution No. 2011-80462 October 27, 2011 Item No, 5.18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to ;ept funding on behalf of the City of Lubbock through the Emergency Management •formance Grant. Notice of the Grant Award is attached hereto and incorporated in this solution as if fully set forth herein and shall be included in the minutes of the Council. by the City Council this 27th day of October , 2011. TOM MARTIN, MAYOR TTEST: i.Garza, City Secretary OVED AS TO CONTENT: VED AS TO FORM: Attorney Res -EM Grant -11 10,10.11 ATTEST: Rebec Garza, City Secretary APPROVED AS TO CONTENT: Z� Mike Kemp, Fire Chi APPROVED AS Attorney TEXAS DEPARTMENT OF PUBLIC SAFETY (TXDPS) TEXAS DIVISION OF EMERGENCY MANAGEMENT (IDEM) Resolution No. 2011—RO462 NOTICE OF SUBRECIPIENT GRANT AWARD Program Title: 2011 Emergency Management Performance Grant (EMPG) DHS Instrument Number: 2011 -EP -00046 TDEM Grant Number: 11 TX-EMPG-0944 Administered By: Texas Department of Public Safety Texas Division of Emergency Management F.O. Box 4087 Austin, Texas 78773-0220 SubRecipient: City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Amount of Grant: $116,432.15 Period of Grant: October 1, 2010, to March 31, 2012 Signing Acceptance of this document means that you accept and will comply with all the requirements listed in the attached FY 2011 EMPG Terms and Conditions. AGENCY APPROVAL GRANT ACCEPTANCE Authorized Signature Required W, Nim Kidd, CEM Printed Name/Title: Assistant Director Texas Department of Public Safety TOM MARTIN, Mayor Chief Texas Division of Emergency Management Date: i Date: October 27, 2011 Return Signed Copy of This Page within 45 days to: Texas Department of Public Safety Texas Division of Emergency Management Attention: Lisa Resendez, Grant Coordinator III PO Box 4087 Austin, TX 78773-0220 2011 Emergency Management Performance Grant (EMPG) Terms and Conditions Purpose: The FY 2011 priority for this program is to Advance "Whole Community" Security and Emergency Management. Grant funds will be used to support local comprehensive emergency management programs to encourage improvement of mitigation, preparedness, response, and recovery capabilities for all hazards. Funding may be used to support activities that contribute to the capability to manage consequences from acts of terrorism. Funds provided may also be used to accomplish initiatives described in the Federal Program Guidelines, including local implementation of the National Incident Management System (NIMS), incorporation of appropriate references to the National Response Framework (NRF) into local plans, homeland security assessment and strategy integration, and assessment of local emergency management program using Emergency Management Assessment Program (EMAP) standards. 2. Grant Conditions: Identify the source of funding under which this award is funded and reference the government code authorizing these services and conditions. The federal grant terms and conditions are located at: http://www.fema.gov/government/grant/em-p 3. Grant Acceptance: Notice of Subrecipient Grant Award remains an offer until the signed copy of the Acceptance of Subrecipient Grant Award is received by the Department of Public Safety in accordance with the instructions provided in the transmittal letter. 4. Work to Be Performed: The approved FY 11 Statement of Work and Progress Report template outlines eight tasks that the grantee must perform during the grant period, The following additional tasks are also required of Subrecipients: A. Implement (NIMS) at the local level. B. Incorporate pertinent information concerning NRF into the local or inter - jurisdictional emergency management plan and its annexes. C. Subrecipients must have a tracking system of record to organize and coordinate resources in response to incidents. D. During the performance period of this grant, Sub recipient must maintain an emergency management plan at the Advanced Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be accomplished by jurisdictions maintaining their own emergency management plan or participating in an inter -jurisdictional emergency management program that meets the required standards. If the TDEM identifies deficiencies in the subrecipient's plan, subrecipient will correct deficiencies within sixty (601 days of receiving notice of such deficiencies from TDEM. E. During the performance period of this grant, Subrecipient agrees to legally -adopt county and/or regional mutual aid agreements. F. Subrecipients must maintain an updated inventory of equipment purchased through this grant program in accordance with Uniform Grant Management Standards — III, State 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 funds through this grant program shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 5. Grant Funding: List the amount of funding for this award. The amount of this grant may be less than the amount requested in your Application for Federal Assistance due to limits on federal funding for the EMPG program. However, EMPG grant recipients should continue to report all eligible expenses in quarterly financial reports. In the event additional program funding becomes available from the federal government or unspent EMPG funds remain at the end of the fiscal year, the IDEM 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 http://www.oup.usdo".qov/financialguide/. A. All emergency management program costs for which the Subrecipient seeks reimbursement must be eligible in accordance with Office of Management and Budget (OMB) Circular A-87, Cost Principles or State, Local, and Indian Tribal Governments. A copy of that document is available at:http://www.whitehouse.gov/omb/circulars . B. Subrecipient will comply with the organizational audit requirements of OMB Circular A- 133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the DHS Office of Grant Operations (OGO)'s Financial Management Guide (January 2006) at: http://www.oip.usdoi.gov/odp/docs/Financial Management Guide. df C. When implementing Federal Emergency Management Agency (FEMA) National Preparedness Directorate funded activities, the subrecipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The subrecipient is required to take reasonable steps to ensure persons of limited English proficiency have meaningful access to language assistance services regarding the development of proposals and budgets and conducting FEMA funded activities. D. Subrecipient will assist the awarding agency (if necessary) in assuring compliance with of the National Historic Preservation Act of 1966 Section 106 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). (Federal Assurance). E. Subrecipient agrees to make no request for reimbursement for goods or services procured by the Subrecipient either prior to the start of the period of performance stated in this award document or after the end of the period of performance. 2 F. Notwithstanding any other provisions of this document, the parties understand and agree that the obligations of TDEM under this Agreement are contingent upon the availability of adequate funds to meet TDEM's liabilities. TDEM shall not be liable to the Subrecipient for costs under this Agreement that exceed the amount specified in the Notice of Subrecipient Grant Award. 7. Single Audit Act Requirements: If Subrecipient has expenditures in excess of $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: Subreciplent agrees to comply with all reporting requirements and shall provide such information as required by TDEM. Reporting requirements are found in the FY 2011 Local Emergency Management Program Guide. Subrecipients may be required to submit additional information and data requested by TDEM and after the end of the period of performance in order to close out the grant. A copy of the FY 2011 Local Emergency Management Program Guide can be found on the TDEM website at: http://www. txd ps. state.tx.us/dem/CouncilsCommittees/EMPG/FY2011EMPGGuide. pd Sub recipient must prepare and submit Semi -Annual Progress Reports TDEM for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. The first performance reporting period is October 1 to March 31 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 as requested by TDEM. 9. Review of Work and Expenditures: TDEM may review the work of the Subrecipient with respect to approved program tasks and expenditures for which reimbursement is requested to ensure the federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of this contract or grant agreement and that performance goals are achieved. These reviews may include, without limitation: comparing actual subrecipient activities to those approved in the sub -award application and subsequent modifications if any; ensuring that grant funds have been expended in accordance with applicable guidelines; confirming compliance with grant assurances, and verifying information provided on performance reports and payment requests. 10. Lobbying: A. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 GFR 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 M agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3) The subrecipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 11. Debarment, Suspension, and other Responsibility Matters: A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510. (Federal Certification). B. The subrecipient certifies that it and its principals and vendors: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; subrecipients can access debarment information by going to www.epls.aov. 2) Have not, within a three-year period preceding this application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing. a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4) Have not, within a three-year period preceding this application, had one or more public transactions (Federal, State, or local) terminated for cause or default. C. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application (Federal Certification). 12. Monitoring: A. Subrecipient will provide TDEM, State Auditor, DHS personnel or their authorized representative, access to and the right to examine all paper or electronic records related to financial assistance. 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. 4 G. TDEM may perform periodic reviews of subrecipient performance of eligible activities and approved projects. These reviews may include, without limitation: performance of an on-site audit and compliance monitoring, including inspection of al I 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 Areas Security Initiative (UASI) 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. 13. Reimbursement for Expenses: A. Reimbursement for expenses incurred during the second and fourth quarter of Fiscal Year 2011 will not be disbursed until TDEM receives the first and second semi-annual EMPG Progress Reports, which are due on April 15, 2011 and October 15, 2011, respectively. B. As TDEM plans to promptly close out the Fiscal Year 2011 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. 14. Choice of Law: This agreement shall be construed and governed by Texas law. 15. Changes to the Law: DPS is a state agency whose authority and appropriations are subject to the actions of the Texas Legislature and the United States Congress. If DPS and/or the subject matter of this contract become subject to a legislative or regulatory change, revocation of statutory or regulatory authority, or lack of funds that would render the services and/or goods and/or payment to be provided under this agreement impossible, unnecessary, void, or substantially amended, DPS may terminate this agreement without penalty to, or any liability whatsoever on the part of, DPS, the State of Texas, or the United States. This contract does not grant vendor a franchise or any other vested property right. 5 18. Written Modification: No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 17. To the extent it applies, Subrecipient shall comply with Texas Government Code, Chapter 783, 1 Texas Administrative Code (TAC) §§ 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart B, §_14. See Attachment 1. 18. To the extent it applies, Subrecipient shall comply with the General Appropriations Act, 801h Legislature, Article IX, Part 17. See Attachment 2. 19. TDEM may suspend or terminate sub -award funding, in whole or in part, or other measures may be imposed for any of the following reasons: failing to comply with the requirements or statutory objectives of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the sub -award application, failing to follow grant agreement requirements or special conditions, failing to submit required reports, or filing a false certification or other report or document. Satisfactory progress is defined as accomplishing the following during the performance period of the grant: requesting federal funds for purchases, training, etc. and deciding what purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and training is accomplished with the equipment (or readied for deployment). All of the aforementioned tasks must be accomplished in a timely manner. Special Conditions may be imposed on subrecipient's use of grant funds until problems identified during grant monitoring visits conducted by IDEM audit and compliance personnel are resolved. L.1