HomeMy WebLinkAboutResolution - 2019-R0436 - Emergency Management Performance Grant - 11/19/2019 Resolution No. 2019-RO436
Item No. 6.37
November 19, 2019
RESOLUTION
BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock is hereby authorized and directed
to accept funding on behalf of the City of Lubbock through the Emergency Management
Performance Grant for Fiscal Year 2019, and prior actions by the City Manager to apply
for or accept this funding are hereby ratified. Notice of the Grant Award, previously
accepted by the City Manager, 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 19th day of November , 2019.
DANIEL M. POPE, MAYOR
ATTEST:
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Reb eca Garza, City Secietar
APPROVED AS TO CONTENT:
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W. Javfett Atkinson, City Manager
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October 10, 2019
W. Jarrett Atkinson
City of Lubbock
P.O. Box 2000
Lubbock, TX 79457-0001
Grant No.EMT-2019-EP-00005
Dear City Manager Atkinson:
Congratulations, on behalf of the Texas Division of Emergency Management (TDEM), your application for
financial assistance submitted under the Federal Fiscal Year(FFY)2019 Emergency Management
Performance Grants (EMPG) has been approved in the amount of$60,980.14. As a condition of this grant, you
are required to contribute a cost match in the amount of$60,980.14.
The period of performance for your FFY 2019 EMPG grant is October 1, 2018 - March 31, 2020. This period of
performance reflects a 6 month PROGRAMMATIC EXTENSION ONLY to complete and close out your FFY
2019 grant year.
Before you receive any of the federal funds awarded to you, you must establish acceptance of the award. By
accepting this award, you are acknowledging and accepting the terms and conditions of your award, as well as
the task requirements outlined in the FY 2019 Local Emergency Management Performance Grant(EMPG)
Guide, located on line at https://tdem.texas.gov/emergency-management-performance-grant/. This grant
award must be signed and dated below by your jurisdiction's"Authorized Official"indicated on the"Designation
of EMPG Grant Officials"form (TDEM 176) and returned within 45 days from date received to
TDEM.EMPG(cDtdem.texas.gov. Failure to return documentation to TDEM within 45 days may result in
reallocation of funds.
The 2019 Terms and Conditions are enclosed for your review. Due dates are outlined in the "EMPG Application
Timeline" and can be found at https://tdem.texas.gov/emergency-management-performance-g rant/.
If you have any questions, please contact the EMPG Unit Chief Lisa Resendez at
Lisa.Resendezp_tdem.texas.gov or 512-424-7511/512-574-1473 or your District Coordinator.
W. Nim Kidd, MPA, CPA
Chief-Texas Division of Emergency Management
Vice Chancellor for Disaster and Emergency Services
Texas A&M University System
Recipient Signator Official: Date:
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P.O. Box 15467 Austin,Texas 78761
24 Hours:512-424-2208, Fax 512-424-2444
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Terms and Conditions
2019 Emergency Management Performance Grant (EMPG)
Purpose
The FY 2019 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 programs
Grant Conditions
Identify the source of funding under which this award is funded and reference the government code.
The federal grant terms and conditions are located at: http://www.fema.gov/media-
library/assets/documents/92248
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 Texas Division of Emergency Management (TDEM) in
accordance with the instructions provided in the transmittal letter.
Task Requirements
The approved FY 2019 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 National Response Framework 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.
2019 EMPG Terms and Conditions Initial ere
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 TDEM. This may be accomplished by jurisdictions maintaining their
own emergency management plan or participating in an inter-jurisdictional emergency
management program that meets the required standards. If TDEM identifies
deficiencies in the Sub-recipient's plan, Sub-recipient's will correct deficiencies within
sixty (60) days of receiving notice of such deficiencies from TDEM.
e. Sub-recipient's must maintain an updated inventory of equipment purchased through
this grant program in accordance 2 C.F.R. 200 Requirements, Reports, Records,
Retention, and Enforcement, Equipment and the Department of Homeland Security
(DHS).
f. The Subrecipient agrees that any equipment purchased with funds through this grant
program shall be prominently marked as follows: "Purchased with funds provided by the
U.S. Department of Homeland Security." Exceptions to this requirement are limited to
items where placing of the marking is not possible due to the nature of the equipment.
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 report eligible expenses in quarterly financial reports. Any excess match reported, will be
used for TDEM match purposes and becomes 100% federalized, therefore cannot be used for any
other grant match purposes within your jurisdiction.
Financial and Administrative Requirements
In Accordance with 2 C.F.R. Part 200 Subpart F—Audit Requirements, Subrecipient agrees to comply
with the applicable financial and administrative requirements set forth in the Office of Justice
Programs (OJP) Financial Guide.
a. All emergency management program costs for which the Subrecipient seeks reimbursement must
be eligible in accordance with 2 CFR Part 200 as it applies to awards of Federal financial
assistance to all "non-federal entities"
b. Subrecipient will comply with the organizational audit requirements of super circular 2A
CFR 200 Audits of States, Local Governments, and Non-Profit Organizations.
c. When implementing Federal Emergency Management Agency (FEMA) National
Preparedness Directorate funded activities; the Subrecipient must comply with all
federal civil rights laws, to include Title VI of the Civil Rights Act, as amended. The
Subrecipient is required to take reasonable steps to ensure persons of limited English
proficiency have meaningful access to language assistance services regarding the
development of proposals and budgets and conducting FEMA funded activities.
d. Subrecipient will assist the awarding agency (if necessary) in assuring compliance with
the National Historic Preservation Act of 1966 Section 106 (16 U.S.C. § 470), E . Order
2019 EMPG Terms and Conditions Initial He
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.
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.
f. Single Audit Act Requirements: For sub-recipients expending $750,000 or more in
federal annually, the Applicant will cause to be performed the required financials and
compliance audits in accordance with the Single Audit Act Amendments of 1996 and
Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
Reporting Requirements
Subrecipient agrees to comply with all reporting requirements and shall provide such information as
required by TDEM. Reporting requirements can be found in the 2099 Local Emergency Management
Performance Grant (EMPG) Guide. Sub-recipients 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 2099 Local Emergency Management Performance Grant (EMPG) Guide can
downloaded from the TDEM website at: http://tdem.wpengine.com/?page id=232. Sub recipient
must prepare and submit Semi-Annual Progress Reports to TDEM for the duration of the grant
performance period or until all grant activities are completed and the grant is formally closed. The first
performance-reporting period is October 1 to March 31 (progress report due April 15) and the second
reporting period is April 1 to September 30 (progress report due October 15). Subrecipient may also
be required to submit additional information and data as requested by TDEM.
Review of Work and Expenditures
TDEM may review the work of the Subrecipient with respect to approved program tasks and
expenditures for which reimbursement are 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. Local EMPG grant funds cannot be
matched with any other federal funds.
Lobbying
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2019 EMPG Terms and Conditions Initial Ner
As required by Section 1352, Title 31 of the U.S. Code, for persons entering into a contract, grant,
loan or cooperative agreement from an agency or requests or receives from an agency a commitment
providing for the United States to insure or guarantee a loan, the Applicant certifies that:
a. 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;
b. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions.
c. 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.
Debarment, Suspension, and other Responsibility Matters
As required by Executive Order 12549, and 12689 and 2 C.F.R 200.213 and codified in the 2 C.F. R.
Part 180, Debarment and Suspension, the applicant will provide protection against waste, fraud, and
abuse by debarring or suspending those persons deemed irresponsible in their dealings with the
federal government. The applicant certifies that it and its principles, sub grantees, recipients or sub
recipients:
The Subrecipient certifies that it and its principals and vendors:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily
excluded from covered transactions by any Federal department or agency; Subrecipients
can access debarment information by going to www.epls.gov.
b) 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;
c) 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
2019 EMPG Terms and Conditions Initial He
d) 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.
e) 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).
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.
TDEM may perform periodic reviews or sampling of Subrecipient performance of eligible
activities and approved projects. These reviews/sampling may include, without
limitation: performance of an on-site audit and compliance monitoring, including
inspection of all grant-related records and items, comparing actual.
Subrecipient activities to those approved in the sub-award application and subsequent
modifications if any, ensuring that advances have been disbursed in accordance with
applicable guidelines, confirming compliance with grant assurances, verifying
information provided in performance reports and reviewing payment requests, needs
and threat assessments and strategies.
c. 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.
d. 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.
e. All financial expenditures and excess match will be verified and validated by TDEM and
will become federalized funds, and utilized by the Texas Division of Emergency
Management as match. Once these funds are utilized by the TDEM EMPG grant
program, your agency can no longer utilize them within for any other federal grant
match for the term of the grant performance year.
Reimbursement for Expenses
2019 EMPG Terms and Conditions Initial H re
Reimbursement for expenses incurred during the second and fourth quarter of Fiscal Year 2019
will not be disbursed until TDEM receives the first and second semi-annual EMPG Progress
Reports, which are due on April 15, and October 15, respectively.
1. Choice of Law: This agreement shall be construed and governed by Texas law.
2. Changes to the Law: TDEM is a state agency whose authority and appropriations are subject to
the actions of the Texas Legislature and the United States Congress. If TDEM 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, TDEM
may terminate this agreement without penalty to, or any liability whatsoever on the part of, TDEM, the
State of Texas, or the United States. This contract does not grant vendor a franchise or any other
vested property right.
3. Written Modification: No modification or amendment to this Agreement shall become valid unless
in writing and signed by both parties.
4. To the extent it applies, Subrecipient shall comply with Texas Government Code, Chapter 783, 1
Texas Administrative Code (TAC) §§ 5.141 et seq., and the Uniform Grant Management Standards,
State Uniform Administrative Requirements for Grants and Cooperative Agreements, Subpart B,
§_14.
5. To the extent it applies, Subrecipient shall comply with the General Appropriations Act, 80th
Legislature, Article IX, Part 17.
6. TDEM may suspend or terminate sub-recipient 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 documentation.
Satisfactory progress is defined as accomplishing the following during the performance period of the
grant: requesting federal funds for purchases, training, etc. and deciding what purchases will be
made, ordering the equipment, ensuring the equipment is shipped and received, and training is
accomplished with the equipment (or readied for deployment). All of the aforementioned tasks must
be accomplished in a timely manner. Special Conditions may be imposed on Subrecipient's use of
grant funds until problems identified during grant monitoring visits conducted by TDEM audit and
compliance personnel are resolved.
2019 EMPG Terms and Conditions Initial Her