HomeMy WebLinkAboutResolution - 2013-R0328 - Accept Grant Award - Emergency Management Performance Grant - 10/10/2013 Resolution NO. 2013-RO328
October 10, 2013
Item No. 5.1.1
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Acting City Manager 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. Notice of the Grant Award 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 10th day of October -, 201").
G C. RO - TSON, MAYOR
ATTEST:
top
.e ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Mike Kemp, Fire C of
APPROVED AS TO FORM:
A . L ims, A ant City ttorney
Res-EM Grant-13
9.20.13
Resolution No. 2013-80328
TEXAS DEPARTMENT OF PUBLIC SAFETY
TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM)
NOTICE OF SUBRECIPIENT GRANT AWARD
Program Title: FY 2013 Emergency Management Performance Grant (EMPG)
DHS Instrument Number: 2013-EP-00067
TDEM Grant Number: 13TX-EMPG-0944
Administered By: Texas Department of Public Safety
Texas Division of Emergency Management
P.O. Box 4087
Austin, Texas 78773-0220
Subrecipient: City of Lubbock
P.O. Sox 2000
Lubbock,TX 79457
Amount of Grant: $120812.31
Period of Grant: October 1, 2012 to March 31, 2014
The period of grant reflects a six(6)month programmatic extension to complete and close out
your FY 13 EMPG grant year. Signing Acceptance of this document means that you accept and
will comply with all requirements listed in the attached FY 2013 Terms and Conditions.
AGENCY APPROVAL GRANT ACCEPTANCE
Autharized Signature Required
W. Nim Kidd,CEM = ted Name/Title:
Assistant Director J-4j-r)e5 W. L00»y.!S
Texas Department of Public Safety ►!'f y Aavjt 0r^
Chief J
Texas Division of Emergency Management
Date: Date: - `f /3
Return Signed Copy of This Page within 45 days to:
Texas Department of Public Safety
Texas Division of Emergency Management
Attention: Heather Baxter, Office of Management and Budget
MSC 0229
PO Box 4087
Austin,TX 78773-0220
ATTEST:
Rebecc Garza, City Sec;etary
APPROVED AS PER CONTENT:
2(n �� Pz.,,e
Chief Mike Kemp, Fire C ief
APPROVED AS PER FORM:
AssistaAt 't ey
2013 Emergency Management Performance Grant(EMPG)
Terms and Conditions
1. Purpose: The FY 2013 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/empq .
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 2013 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, Subrecipient 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 Subrecipients plan, Subrecipients will correct deficiencies
within sixty (60) days of receiving notice of such deficiencies from TDEM.
E. During the performance period of this grant, subrecipeient's agrees to legally-
adopt county and/or regional mutual aid agreements.
F. Subrecipeient's 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,
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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, TDEM may be able to allocate additional funding 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.oip.usdoi.gov/financial.quide/.
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.
http://www.whitehouse.gov/omb/circulars default
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. § 474), 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.
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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: Subrecipient agrees to comply with all reporting requirements and
shall provide such information as required by TDEM. Reporting requirements are found in
the FY 2093 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 2013 Local
Emergency Management Program Guide can be found on the TDEM website at:
http•llwww txdps state tx usldem/CounciisCommittees/EMPG/empgGuide.pdf Subrecipient
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 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. Federal Grant Funds
cannot be matched with any other Federal funds.'
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 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;
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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
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.ep[s.gov.
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.
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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. 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 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 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:
Reimbursement for expenses incurred during the second and fourth quarter of Fiscal Year
2013 will not be disbursed until TDEM receives the first and second semi-annual EMPG
Progress Reports, which are due on April 15, 2013 and October 15, 2013, respectively.
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.
16.Written Modification: No modification or amendment to this Agreement shall become valid
unless in writing and signed by both parties.
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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.
18. To the extent it applies, Subrecipient shall comply with the General Appropriations Act, 80th
Legislature, Article IX, Part 17.
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 TDEM audit and compliance personnel are resolved.
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TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N LAMAR BLVD .BOX 4087•AUSTIN,TEXAS 78773-0001
OF Pie 5121424-2000
E X
www.dns.texas.gov 4
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`kYAe•�
STEVEN C.McCRAW COMMISSION
DIRECTOR A.CYNTHIA LEON,CHAIR
DAVID G.BAKER CARIN MARCY BARTH
CHERYL MacBRIDE ADA BROWN
DEPUTY DIRECTORS ALLAN B.POLUNSKY
RANDY WATSON
August 28, 2013
Lee Ann Dumbauld
Lubbock City Manager
P.O. Box 2000
Lubbock, TX 79457
Dear Ms. Dumbauld:
This letter is to advise you that your application to participate in the Emergency Management
Performance Grant (EMPG) program during Fiscal Year 2013 (FY 13) 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 13.
A representative authorized by your City Council to accept grants on behalf of the jurisdiction
must sign the grant award. Typically the Mayor or City Manager must sign the award and return
it to the Texas Division of Emergency Management (IDEM) within 45 days to activate your
grant. Retain a copy for your records and provide a copy of the entire grant award package to
your local financial manager. Failure to accept the award and return documentation to TDEM
within 45 days may result in the distribution of the award to another jurisdiction.
2. Required EMPG Tasks
A. Your FY 13 EMPG Program Application has been approved. As changes to this document
may have been made in order to meet FY 13 program requirements since originally
submitted, you should carefully review the attached copy.
B. All EMPG participants must prepare and submit an After Action Report (AAR) and
Improvement Plan (IP), in the format prescribed by the DHS Homeland Security Exercise
Evaluation Program (HSEEP) and TDEM guidelines. The HSEEP document can be
accessed at https://h seep.dhs,ggy. A sample AAR and IP is located on our website at
http://www txdps.state.tx.us/dem/Preparedness/exerciseUnit/exerciseRptngInfoForms.htm.
C. The Department of Homeland Security has identified steps that States, territories, tribal,
and local entities should take during FY 13 to remain compliant with the NIMS. All
jurisdictions awarded FY 13 EMPG funds must achieve and maintain 100% compliance
with NIMSCAST objectives and metrics.
EQUAL OPPORTUNITY EMPLOYER
COURTESY•SERVICE•PROTECTION I RECEIVED SU 03 7013
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 the federal Fiscal Year. Quarterly Financial Reports are due January 30, April 30, July
30, and October 30. These reports should be emailed directly to the TDEM EMPG Auditor,
Doris.Grisham(7d ps.texas.q ov.
C. Quarterly Metrics Templates. FEMA EMPG quarterly templates are due every quarter,
January 15, April 15, July 15, and October 15. These templates should be emailed directly
to the TDEM EMPG Grant Technician, Heather.Baxter .dps.texas.gov .
D. Progress Reports. Your first semi-annual progress report was due to the TDEM
Preparedness Section on April 15, 2013. The final progress report is due October 15,
2013, and should be emailed directly to the TDEM EMPG Grant Technician,
Heather.Baxtera_dps.texas.gov .
If you do not expend grant funds allocated on allowable expenses within the performance period,
future grants will likely be reduced.
If you determine that you do not wish to participate in the FY 13 EMPG program, please submit a
letter from your Authorized Official requesting to terminate your participation from the program.
If you have questions regarding EMPG tasks, please contact the EMPG Grant Coordinator III, Lisa
Resendez at 512-424-75111512-574-1473, or your District Coordinator.
Respectfully,
W. N m`Kidd, CEM
Assistant Director
Texas Department of Public Safety
Chief
Texas Division of Emergency Management
WNK:Ir
Attachments: 1- Notice of Sub-Recipient Grant Award
2-Terms and Conditions