HomeMy WebLinkAboutResolution - 2004-R0545 - Contract For Award Of Metropolitan Medical Response System Grant - 11_04_2004Resolution No. 2004-RO545
November 4, 2004
Item No. 16
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby ratifies the action of the
Mayor in executing for and on behalf of the City of Lubbock contracts for award of a
grant entitled "METROPOLITAN MEDICAL RESPONSE SYSTEM" from the U.S.
Department of Homeland Security, Office of Domestic Preparedness. Said Contract is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 4th day of November , 2004.
ATTEST:
Reb cca Garza, City Secretary
Ken
AS TO CONTENT:
Management Coordinator
APPROVED AS TO FORM:
City Attorney
gs/ccdocs/2005 MMRS Grant-Reso
Oct. 27,2004
FEDERAL EMERGENCY MANAGEMENT AGENCY Resnl nti nn No- 2004—R0545
- ASSISTANCE AWARD/AMENDMENT
----------- - - - --- ----
1. ASSISTANCE INSTRUMENT
2. TYPE OF ACTION
❑ COOPERATIVE AGREEMENT 0 GRANT
0 AWARD ❑ AMENDMENT
3. INSTRUMENT NUMBER
4. AMENDMENT NUMBER
5. EFFECTIVE DATE
6. CONTROL NUMBER
EMW-2004-GR-0735
See Block 21
W384468Y
7. RECIPIENT NAME AND ADDRESS
8. ISSUING/ADMINISTRATION OFFICE
City of Lubbock
Federal Emergency Management Agency
Office of Emergency Management
Financial & Acquisition Management Div
1625 13th Street
Grants Management Branch
500 C Street, S.W., Room 350
Washington DC 20472
Lubbock TX 79401
Specialist: Marilynn Grim (202) 646-3459
9. RECIPIENT PROJECT MANAGER
10. FEMA PROJECT OFFICER
Dr. Sandy Fortenberry (806) 775-3051
Dennis Atwood (202) 646-2699
11. ASSISTANCE ARRANGEMENT
12. PAYMENT METHOD
13. PAYMENT OFFICE
Q COST REIMBURSEMENT
Q TREASURY CHECK
Federal Emergency Management Agency
❑ COST SHARING
REIMBURSEMENT
Accounting Services Division
❑ FIXED PRICE
❑ ADVANCE CHECK
Disbursement 6 Receivables Branch
S.W. Room 723
❑ OTHER
❑ LETTER OF CREDIT
500 C Street, ,
Washington DC 20472
14. ASSISTANCE AMOUNT
15. ACCOUNTING & APPROPRIATION DATA
PREVIOUS AMOUNT $0.00
See Continuation Page
AMOUNT THIS ACTION $250, 000.00
TOTAL AMOUNT $250, 000.00
1b. utbcKir i 1UN Ur 1'KUJtU i
This award provides funding for the FY 2004 MMRS Grant to the City of Lubbock, TX.
The CFDA number is 97.071, and the period of performance is October 01, 2004 thru March 31, 2006.
The total amount obligated under this agreement is $250,000.00.
All terms and conditions are attached as Agreement Articles.
END OF AWARD.
17. RECIPIENT REQUIREMENT
Q RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8.
❑ RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT.
18. RECIPIENT (Type name and title) 19. ASSISTANCE OFFICER (Type name and title)
Marc McDougal, Mayor, City of Lubbock Sylvia A. Carroll
Assistance Officer
40.21, APR 85 REPLACES E131TI OF JUL 84, WHICH IS OBSOLETE.
r
CONTINUATION PAGE
A.1 PRICE/COST SCHEDULE
ITEM DESCRIPTION OF QTY UNIT UNIT
NO. SUPPLIES/SERVICES PRICE
0001 1.00 Lot $250,000.00
FY 2004 MMRS Grant Funding
FUNDING/REQ NO: 1: $250,000.00 W384468Y
GRAND TOTAL ---
AMOUNT
$250,000.00
$250,000.00
------------------
------------------
ACCOUNTING AND APPROPRIATION DATA:
ACRN APPROPRIATION REQUISITION NUMBER
1 2004-64-6760RB-6600 --4101-D W384468Y P
AMOUNT
$250,000.00
PROGRAM NAME: METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM
CFDA: 97.071
GRANTEE: City of Lubbock
AGREEMENT NO.: EMW-2004-GR-0735
AMENDMENT NO.: N/A
ARTICLE I — AUTHORIZATION:
A. Homeland Security Act of 2002, Public Law, 107-296
B. Defense Against Weapons of Mass Destruction Act of 1966
C. National Defense Authorization Act for FY 1997, as amended
ARTICLE II — PROGRAM NARRATIVE DESCRIPTION
The Grantee shall perform the work described in the Program Narrative Statement, which
is included as part of the application package dated August 16, 2004, including revisions
date thru September 15, 2004.
ARTICLE III — PERIOD OF PERFORMANCE/BUDGET PERIOD
A. Project Period: The Project Period shall be a maximum of eighteen (18) months
from the effective date of this Grant Agreement, and will correspond to the
applicable approved Budget Period unless extensions have been approved.
B. Costs: The Grantee shall only incur costs or obligate funds within the Budget
Period for approved activities or within the approved Period of Performance if
continuation award has been authorized. All additional funding under this Grant
is subject to the availability of funds and the needs of the Federal Government.
EMW-2004-GR-0735
ARTICLE IV — AMOUNT OF AWARD
A. Approved Budget: The approved budget for this award by category is:
OBJECT
CLASS
CFA
S
SP
TOTAL
Personnel
23,000.00
23,000.00
Fringe
Benefits
2,000.00
2,000.00
Travel
20,000.00
20,000.00
Equipment
150,000.00
150,000.00
Supplies
10,000.00
10,000.00
Contractual
5,000.00
5,000.00
Construction
Other
40,000.00
40,000.00
TOTAL
DIRECT
250.000.00
250.000.00
Indirect
Charges
TOTAL
BUDGET
250,000.00
250,000.00
FEDERAL
SHARE
250,000.00
250,000.00
B. There is no cost -share or match required for this funding. The Department of
Homeland Security will pay up to 100% of the costs identified in the approved
budget listed under Article IV. A. Approved Budget. The maximum funding
amount is $250,000.00. If costs exceed the maximum amount of DHS approved
funding, the Grantee shall pay the costs in excess of the approved budget.
ARTICLE V — RESPONSIBILITIES
A. The purpose of the FY 2004 MMRS Grant is to provide funding for:
1. the creation of new MMRS jurisdictions in those states and territories that
do not have a MMRS;
2. obtaining FY 2004 capability objectives and or processes;
3. sustainment for existing jurisdictions; and
4. special projects, as applicable.
B. Objectives:
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EMW-2004-GR-0735
The Project Manager is: Dr. Sandy Fortenberry
Emergency Management Specialist
P.O. Box 2000
916 Texas Avenue
Lubbock, TX 79457
(806) 775-3051
Fax: (806) 775-2882
B. DHS Project Officer: The DHS Project Officer (PO) shall be an official who will
be responsible for the technical monitoring of the stages of work and technical
performance of the activities described in the program narrative statement.
The DHS Project Officer is: Mr. Dennis Atwood
DHS/FEMA
Preparedness Division
500 C Street, SW, Room 202
Washington, DC 20472
202-646-2699
Fax: 202-646-
FEMA-mmrsadmin@dhs.gov
C. DHS Assistance Officer: The DHS Assistance Officer (AO) is the DHS official
who has full authority to negotiate, administer and execute all business matters of
the Grant award.
The DHS Assistance Officer is:
Ms. Sylvia A. Carroll
DHS/FEMA
Grants Management Branch
500 C Street, SW, Room 334
Washington, DC 20472
202-646-3503
Fax: 202-646-4156
Sylvia.Carrollgdhs.gov
ARTICLE X — GRANT AWARD AMENDMENTS
All budget and program plan revisions shall be in compliance with OMB Circular A-102,
Grants and Cooperative Agreement to States and Local Governments, or A-110, Uniform
Uniform Administrative Requirements for Grants and Agreements With Institutions of
Higher Education, Hospitals, and Other Non -Profit Organizations, and OMB Circular A-
21 Cost Principles for Educational Institutions, or A-87, Cost Principles for State and
Local Governments, or A-122, Cost Principles for Non -Profit Organizations. In addition
to these requirements, the Grantee shall submit and receive written prior approval before
implementation for the following:
A. Budget Revisions:
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EMW-2004-GR-0735
1. Grantee must obtain prior approval from DHS/FEMA for transfers of funds
between direct cost categories in the approved budget when such cumulative
transfers among those direct cost categories exceed ten percent of the total
budget.
2. Transfer of funds to entities, except those identified in the approved
application requires prior DHS/FEMA approval.
3. Need for additional funds. DHS is not obligated to provide additional funds
prior to the submission and approval of consecutive continuation options
based on satisfactory performance and availability of funds.
B. Extension Request:
1. Requests for additional time extensions to the Period of Performance will be
considered, but will not be granted automatically and must be supported by
adequate justification in order to be processed. The justification is a written
explanation of the reason or reasons for the delay; an outline of remaining
funds available to support the extended period of performance; and a
description of performance measures necessary to complete the project.
2.. Extensions to the Period of Performance shall be authorized only in writing by
the DHS Assistance Officer.
3. There is no DHS obligation to provide additional funding as a result of time
extensions approved.
4. Financial and Performance Status Reports must be current, and the extension
justification must be submitted or extensions requests will not be processed.
ARTICLE XI - PREAWARD COSTS
Preaward costs may be approved for up to ninety (90) calendar days prior to the effective
date of the Grant under the following conditions:
A. The costs have been incurred with the understanding that they were incurred at
the Grantee's risk and may not be reimbursed, if adequate funding has not been
awarded to cover preaward costs and approved activities to be completed under
the award.
B. The costs must be necessary for the effective and economical conduct of the
project.
C. The costs are in compliance with the appropriate OMB Cost Principles.
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EMW-2004-GR-0735
D. The costs are supported with source documentation.
ARTICLE X1I — OTHER TERMS AND CONDITIONS
The other terms and conditions of the agreement are as follows:
A. Buy America. The Grantee, Sub -grantees and contractors receiving funds from
this grant shall comply with the Buy American Act (41 U.S.C. l0a et seq.) unless it is
determined that it is inconsistent with the public interest, impracticable to comply with
such a requirement or that it would unreasonably increase the cost of articles, materials,
or supplies. The exception shall be noted in the specifications and documentation to
justify the exception will be retained in the grant file for record.
B. Copyright. The Grantee is free to copyright original work developed in the course
of or under this agreement. DHS reserves a royalty -free , nonexclusive and irrevocable
right to reproduce, publish, or otherwise use, and to authorize others to use, the work
preformed under this award for Government purposes. Publication resulting form work
preformed under this agreement shall include an acknowledgement of financial support
from DHS and include a statement that the publication does not necessarily reflect the
DHS views.
C. Publication and Acknowledgement of DHS Sponsorship.
1. One copy of each article planned for publication will be submitted to the DHS
Project Officer simultaneously with its submission for publication. Following
publication, a copy of each published paper shall be submitted to the DHS Project
Officer.
2. The Grantee agrees that when releasing information relating to this Grant, the
release shall include a statement that the project or effort undertaken was or is
sponsored by the Department of Homeland Security.
3. Disclaimer: The Grantee is responsible for assuring that every publication
submission (including World Wide Web pages) based on or developed under this
award, except scientific articles or papers appearing in scientific, technical or
professional journals, contains the following disclaimer: "Any opinions, findings,
and conclusion or recommendations expressed in this material are those of the
author(s) and do not necessarily reflect the views of the Department of Homeland
security."
4. For the purpose of this requirement, information includes news releases, articles,
manuscripts, brochures, advertisements, still and motion pictures, speeches, trade
association proceedings and symposia.
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EMW-2004-GR-0735
5. Publications: In compliance with the Section 623 of Treasury, Postal Service, and
General Government Appropriations Act, 1993, and reenacted in Section 621 of
the fiscal year 1994 Appropriations Act requires that all grantees disclose the
amount and percentage of Federal funding and funding form non -governmental
sources when making public announcements about Federally -funded projects in
the amount of $500,000 or more.
D. Patent Rights. Grantees are subject to applicable regulations governing patents and
inventions, including government -wide regulations issued by the Department of
Commerce, 37 CFR Part 401,"Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms under Government Grants, Contracts and
Cooperative Agreements."
E. Environmental Standards. By accepting funds under this Grant, the grantee
assures that will:
1. Comply with applicable provisions of the Clean Air Act (42 U.S.C. 7401, et seq.)
and Clean Water Act (33 U.S.C. 1251, et seq.), as implemented by Executive
Order 11738 [3 CFR, 1971-1975 comp., p. 799] and Environmental Protection
Agency (EPA) rules at 40 CFR Part 15. In accordance with the EPA rules, the
Grants further agrees that it will:
a. Not use any facility on the EPA's List of Violating Facilities in performing any
award that is nonexempt under 40 CFR 15.5 (awards of less than $100,000,
and certain other awards, exempt from the EPA regulations), as long as the
facility remains on the list.
b. Notify the awarding agency if it intends to use a facility in performing this
award that is on the List of Violating Facilities or the Grantee knows has been
recommended to be placed on the List of Violating Facilities.
2. Identify to the awarding agency any impact this award may have on:
a. The quality of the human environment, and provide help the agency may need
to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C.
4321, et seq.) and to prepare Environmental Impact (e.g., physical disturbance
of a site such as breaking of ground) until the agency provides written
notification of compliance with environmental impact analysis process.
b. Coastal barriers and provide help the agency may need to comply with Coastal
Barriers Resource Act (16 U.S.C. 3 50 1, et seq.), concerning preservation of
barrier resources.
c. Any existing or proposed component of the National Wild and Scenic Rivers
system, and provide help the agency may need to comply with the Wild and
Scenic River Act of 1968 (16 U.S.C. 1271, et seq.).
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EMW-2004-GR-0735
F. Refunds. The Grantee shall transfer to DHS the appropriate share, based on the
Federal support percentage, of any refund, rebate, credit or other amounts arising form
performance of this agreement, along with accrued interest. The Grantee shall take
necessary action to effect prompt collection of all monies due or which may become
due and to cooperate with DHS in any claim or suit in connection with amounts due.
G. Overpayment and Earned Interest.
Overpayment. Within ninety (90) days from the .expiration date of the Performance
Period, overpayment of funds shall be remitted to the Assistance Officer by check
payable to DHS. An overpayment represents the difference between allowable actual
expenditures and total DHS payment received by the Grantee.
H. Program Income. Program income is income earned as a result of Grantee or sub -
grantee grant -supported activity, or earned as a result of the grant agreement during
the Period of Performance. Program income shall be added to the award of funds
under this grant and shall be used to expand the approved program activities. The
Grantee shall submit a written list of expanded activities to be accomplished as a result
of the program Income funds. This list shall be submitted to the DHS AO for review
and the approval within 20 days of receipt of program income.
I. Security. The Grantee shall not be granted access to classified information under this
Grant. If security restriction should happen to apply to certain aspects of the proposed
activity, the Grantee will be informed. In the event that the scientific work under this
Grant may either need classification or involve access to or storage of any classified
data, the Government shall make a decision on the need to classify, or require such
access or storage within 30 days after receipt of a written notice from the Grantee. If
the decision is affirmative, the Government may invoke the Termination clause, as
appropriate.
J. Controlled Unclassified Information. The parties understand that information and
materials provided pursuant to or resulting from this Grant may be export controlled,
sensitive, for official use only, or, otherwise protected by law, executive order or
regulation, The Grantee is responsible for compliance with all applicable laws and
regulations. Nothing in this Grant shall be construed to permit any disclosure in
violation of those restrictions.
K. Travel. Allowability of Travel Expenses. Expenses for transportation, lodging,
subsistence and related items incurred by project personnel and by outside consultants
employed on the project (GPM) Section 614 who are in travel status on business
related to an DHS-supported project are allowable as prescribed in the governing cost
principles. The requirements for prior approval detained in the governing cost
principles are waived.
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EMW-2004-GR-0735
L. Cargo Preference. The grantee agrees that it will comply with the Cargo Preference
Act of 1954 (46 U.S.C. 1241), as implemented by Department of Transportation
regulations at 46 CFR 381.7, which require that at least 50 of equipment, materials or
Grant, and which may be transported by ocean vessel, shall be transported on privately
owned U.S.-flag commercial vessels, if available.
M. Fly America Act. Preference for U.S. Flag Air Carriers: Travel supported by U.S.
Government funds under this Grant shall use U.S.-flag air carriers (air carriers
holding certificates under 49 U.S.C. 41102) for international air transportation of
people and property to the extent that such service is available, in accordance with
the International Air Transportation Fair Competitive Practices Act of 1974 (49
U.S.C. 40118) and the interpretative guidelines issued by the Comptroller General of
the United States in the March 31, 1981, amendment to Comptroller General
Decision B138942.
N. Site Visits. DHS, through authorized representatives, has the right, at all reasonable
times, to make site visits to review project accomplishments and management
control systems and to provide such technical assistance as may be required. If any
site visit is made by DHS on the premises of the grantee or a contractor under an
award, the grantee shall provide and shall require its contractors to provide all
reasonable facilities and assistance for the safety and convenience of the Government
representatives in the performance of their duties. All site visits and evaluations
shall be performed in such a manner that will not unduly delay the work.
ARTICLE XIII — AUDIT REQUIREMENTS
Grantees and Sub -grantees must follow the audit requirements under OMB Circular A-
133. Non -Federal entities that expend $500,000 or more Federal funds in a year shall
have a single or program -specific audit conducted for that year in accordance with the
provisions of A-133.
ARTICLE XIV — GOVERNING PROVISIONS
The Grantee and any subgrantee shall comply with all applicable laws and regulations. A
non-exclusive list of regulations commonly applicable to DHS grants are listed below:
A. Administrative Requirements
1. OMB Circular A-102, State and Local Governments (10/07/94,
amended 08/29/97)
2. OMB Circular A-110, Institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations (11/19/93, amended 09/30/99), and
3. 44 CFR Part 13
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EMW-2004-GR-0735
B. Cost Principles
1. OMB Circular A-87, State and Local Governments (05/04/95, amended
08/29/97)
2. OMB Circular A-21, Educational Institutions (08/08/00)
3. OMB Circular A-122, Non Profit Organizations (05/19/98)
C. Audit Requirements.
OMB Circular A-133, States, Local Governments, and Non -Profit
Organizations (06/24/97, includes revisions published in the Federal Register
06/27/03)
Grant award is approved by DHS on September 15, 2004, with revisions received on
September 15, 2004.
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